Branson on behalf of Ngadjuri Nation #2 Native Title Claim v State of South Australia [2023] FCA 715

Branson on behalf of Ngadjuri Nation #2 Native Title Claim v State of South Australia [2023] FCA 715

It is appropriate and within power for the Court, pursuant to s 87 of the Native Title Act 1993 (Cth), to make a determination of native title by consent recognising the Ngadjuri people's rights over the determination area, with effect contingent upon ILUA registration, as all statutory requirements are satisfied,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 July 2023
Procedural Posture
Native Title Consent Determination / Judgment and Orders
Outcome
Consent determination of native title made recognizing Ngadjuri Nation #2 Native Title Claim over specified area, effective upon successful registration of ILUA.
Legal Topics
['consent Determination' 'indigenous Land Use Agreement (ilua)' 'recognition of Native Title' 'section 87 Native Title Act' 'prescribed Body Corporate' 'areas of Native Title Extinguishment' 'areas Where Extinguishment Disregarded']
['native Title'] ['consent Determination' 'indigenous Land Use Agreement (ilua)' 'recognition of Native Title' 'section 87 Native Title Act' 'prescribed Body Corporate' 'areas of Native Title Extinguishment' 'areas Where Extinguishment Disregarded']

Source-derived case record

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Procedural Posture

Native Title Consent Determination / Judgment and Orders

Legal Issues

  1. 1 ['Whether the requirements for a consent determination under s 87 of the Native Title Act 1993 (Cth) are satisfied' 'Whether Ngadjuri people hold native title over the determination area under traditional laws and customs' 'Appropriateness of making a determination pending ILUA registration' 'Extent of extinguishment/disregard of extinguishment']

Ratio Decidendi

It is appropriate and within power for the Court, pursuant to s 87 of the Native Title Act 1993 (Cth), to make a determination of native title by consent recognising the Ngadjuri people's rights over the determination area, with effect contingent upon ILUA registration, as all statutory requirements are satisfied, parties are in agreement, and the evidence establishes ongoing connection under traditional laws and customs.

Court Disposition

Consent determination of native title made recognizing Ngadjuri Nation #2 Native Title Claim over specified area, effective upon successful registration of ILUA.

Orders

  • ['Determination of native title in terms set out in orders 6 to 19.' 'Ngadjuri Nation Aboriginal Corporation ICN 7713 to be prescribed body corporate under s 57 Native Title Act.' 'Determination effective upon ILUA registration on Register of Indigenous Land Use Agreements.' "Liberty to apply on 14 days' notice in...