Adnyamathanha No 1 Native Title Claim Group v The State of South Australia [2009] FCA 358

Adnyamathanha No 1 Native Title Claim Group v The State of South Australia [2009] FCA 358

It is appropriate to make a consent determination over part of the Adnyamathanha No 1 Native Title Claim and a separate consent determination over Angepena Station under s 87A of the Native Title Act 1993 because all affected parties have agreed, no objections were received, and specific land use negotiations require a separate determination for Angepena.

Parties
Applicants: Gordon Coulthard, Angelina Stuart, Geraldine (Thathy) Anderson, Vincent Coulthard, Stewart Patterson, Beverley Patterson, Mark McKenzie on behalf of the Adnyamathanha People; Respondent: The State of South Australia; Respondent: Sydney Nicholls (Angepena Pastoral Co)
Jurisdiction
Australia
Judgment Date
19 March 2009
Procedural Posture
Native Title Application / Application for Consent Determination; Interlocutory Order
Outcome
Hearing for proposed consent determinations confirmed for 30 March 2009; order for separate determination for Angepena Station.
Legal Topics
Consent Determination, Partial Determination, Separate Determination for Angepena Area, Indigenous Land Use Agreement (ilua)
Native Title Consent Determination Partial Determination Separate Determination for Angepena Area Indigenous Land Use Agreement (ilua)

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Parties

Gordon Coulthard, Angelina Stuart, Geraldine (Thathy) Anderson, Vincent Coulthard, Stewart Patterson, Beverley Patterson, Mark McKenzie on behalf of the Adnyamathanha People

Applicants

The State of South Australia

Respondent

Sydney Nicholls (Angepena Pastoral Co)

Respondent

Procedural Posture

Native Title Application / Application for Consent Determination; Interlocutory Order

Legal Issues

  1. 1 Should consent determinations be made for part of the Adnyamathanha No 1 Native Title Claim area and a separate determination for Angepena Station?
  2. 2 Is it appropriate under s 87A of the Native Title Act 1993 (Cth) to make partial native title determinations by agreement?

Ratio Decidendi

It is appropriate to make a consent determination over part of the Adnyamathanha No 1 Native Title Claim and a separate consent determination over Angepena Station under s 87A of the Native Title Act 1993 because all affected parties have agreed, no objections were received, and specific land use negotiations require a separate determination for Angepena.

Court Disposition

Hearing for proposed consent determinations confirmed for 30 March 2009; order for separate determination for Angepena Station.

Orders

  • The hearing of the proposed consent determinations in respect of these proceedings be confirmed for 30 March 2009, with a separate consent determination to be entered in relation to Angepena Station.