South Australian Numbered Regulations South Australian Numbered Regulations (1) Schedule, Form
1—delete " [This form is to be used for any acquisition other than an
acquisition of native title land for the purpose of conferring proprietary
rights or interests on a person other than the Crown or an instrumentality of
the Crown.] " and substitute:
[This form is to be used for an acquisition other than one to which Part 4
Division 1 of the Act applies.]
(2) Schedule, Form 1,
clause 1—after the first sentence insert:
(If—
• the Authority
is the Crown or an instrumentality of the Crown; and
• the Authority
proposes to acquire native title; and
• the Authority
does not propose to acquire the land for the purpose of conferring rights or
interests on someone other than the Crown or an instrumentality of the Crown,
the notice must state that the purpose of the acquisition is to confer rights
or interests in relation to the land on the Crown or an instrumentality of the
Crown.)
(3) Schedule, Form 1,
clause 2—before "the representative Aboriginal body" insert:
, in certain cases,
(4) Schedule, Form 1,
clause 3—before "the representative Aboriginal body" insert:
, in certain cases,
(5) Schedule, Form
1—after clause 3 insert:
3A—Additional right of native title parties to object to prescribed
private acquisition (section 12B)
Within 2 months or, if an explanation of the reasons for the acquisition is
required, within 2 months after the explanation is provided, native title
parties may, by written notice to the Minister, object to a prescribed private
acquisition 2 so far as it affects their registered native title rights.
Note—
• The Minister must consult any native title
parties who object about ways of minimising the impact of the acquisition
project on registered native title rights and, if relevant, access to the
land.
• The Attorney-General must, at the request
of a native title party who has made an objection under this section, appoint
an independent person or body to hear the objection.
• Before making such an appointment, the
Attorney-General must consult the Minister and the native title party.
• If the independent person or body hearing
an objection under this section makes a determination upholding the objection,
or that contains conditions about the acquisition that relate to registered
native title rights, the determination must be complied with unless—
• the Minister
responsible for indigenous affairs is consulted; and
• the
consultation is taken into account; and
• it is in the
interests of the State not to comply with the recommendation.
(6) Schedule, Form 1,
clause 4, note, dot point 3—after "party" insert:
who is the holder of native title
(7) Schedule, Form 1,
clause 4, note, dot point 4—delete "12 months" and substitute:
18 months or a longer period fixed under section 15(4a) of the Land
Acquisition Act 1969
(8) Schedule, Form 1,
clause 5, italic note at foot—after "1886" insert:
and the land is not native title land
(9) Schedule, Form 1,
note 1 at foot of form—delete the note and substitute:
1 The notice must be given to each person whose
interest in the land is subject to acquisition, or such of those persons as,
after diligent inquiry, become known to the Authority. If the Authority
proposes to acquire native title in land, the notice must also be given
to—
• if there is a
native title declaration for the land—the registered representative of
the native title holders and the relevant representative Aboriginal body;
• if there is no
native title declaration for the land—to all persons who hold, or may
hold, native title in the land (see Part 5 of the
Native Title (South Australia) Act 1994 ).
2 A prescribed private acquisition means—
• an acquisition
by the Crown or an instrumentality of the Crown of native title in land for
the purpose of conferring rights or interests in relation to the land on a
person other than the Crown or an instrumentality of the Crown so that an
infrastructure facility may be provided; or
• an acquisition
by the Crown or an instrumentality of the Crown of native title in land wholly
within a town or city for the purpose of conferring rights or interests on a
person other than the Crown or an instrumentality of the Crown; or
• an acquisition
by the Crown or an instrumentality of the Crown of native title in land
situated on the seaward side of the mean high-water mark of the sea for the
purpose of conferring rights or interests on a person other than the Crown or
an instrumentality of the Crown; or
• an acquisition
of native title in land that is neither made by the Crown or an
instrumentality of the Crown nor made for the purpose of conferring rights or
interests on the Crown or an instrumentality of the Crown.
(10) Schedule, Form
2—delete " [This form is to be used for a proposed acquisition of native
title land for the purpose of conferring proprietary rights or interests on a
person other than the Crown or an instrumentality of the Crown.] " and
substitute:
[This form is to be used for a proposed acquisition of native title if the
acquisition is to be made by the Crown or an instrumentality of the Crown for
the purpose of conferring rights or interests on a person other than the Crown
or an instrumentality of the Crown and the proposed acquisition is not a
prescribed private acquisition.]
(11) Schedule, Form 2,
clause 1—delete "proprietary"
(12) Schedule, Form 2,
clause 1—before the last sentence insert:
Aboriginal groups who are not registered under the law of the State or the
Commonwealth as holders of or claimants to native title in the land but want
to participate in the negotiations must take the necessary steps under that
law to become native title parties in relation to the relevant land within
three months after service of this notice. In order to be appropriate native
title parties with whom the Authority must negotiate under section 19 of the
Land Acquisition Act 1969 , the parties must be registered as holders of or
claimants to native title in the land on the date falling four months after
service of this notice.
(13) Schedule, Form 2,
clause 2—before "the representative Aboriginal body" insert:
, in certain cases,
(14) Schedule, Form 2,
clause 3—before "the representative Aboriginal body" insert:
, in certain cases,
(15) Schedule, Form 2,
clause 4—before "land" first occurring insert:
native title in the
(16) Schedule, Form 2,
clause 4, note, dot point 1—delete "2" and substitute:
4
(17) Schedule, Form 2,
clause 4, note, dot point 4—delete "(but compensation is not to be
determined at this stage)" and substitute:
(but a final determination of compensation cannot be made at this stage)
(18) Schedule, Form 2,
clause 4, note, dot point 5—delete the dot point
(19) Schedule, Form 2,
clause 4, note, dot point 7—after "State" insert:
or in the national interest
(20) Schedule, Form 2,
clause 5, note, dot point 3—after "party" insert:
who is the holder of native title
(21) Schedule, Form 2,
clause 5, note, dot point 4—delete "12 months" and substitute:
18 months or a longer period fixed under section 15(4a) of the Land
Acquisition Act 1969
(22) Schedule, Form 2,
clause 6 (including the italic note at the foot of the clause)—delete
the clause
(23) Schedule, Form 2,
note 1 at foot of form—delete the note and insert:
1 The notice must be given to—
• if there is a
native title declaration for the land—the registered representative of
the native title holders and the relevant representative Aboriginal body;
• if there is no
native title declaration for the land—to all persons who hold, or may
hold, native title in the land (see Part 5 of the
Native Title (South Australia) Act 1994 ).
In addition, the Authority must—
• give a copy of
the notice of intention to acquire the land to the Registrar of the
Environment, Resources and Development Court and the Commonwealth Registrar;
and
• as soon as
practicable after completing all requirements for service of the notice, give
the Registrar of the Environment, Resources and Development Court, the
Commonwealth Registrar, the relevant representative Aboriginal body and any
other prescribed persons a statutory declaration—
• specifying the
steps that have been taken to effect service, the date of each step, and when
the requirements for service were completed; and
• exhibiting any
supporting materials required under the regulations.
NOTE: The periods referred to in this notice run from the date when the
requirements for service of the notice are completed. Information about when
the requirements for service were completed, as disclosed in the Authority's
statutory declaration, can be obtained by contacting the Registrar of the
Environment, Resources and Development Court, the Commonwealth Registrar or
the relevant representative Aboriginal body.
(24) Schedule, Form 4,
clause 3—delete "3 months" and substitute:
6 months
(25) Schedule, Form 5,
clause 2—delete all words after the first sentence
(26) Schedule, Form 6,
clause 2—at the end of the clause insert:
(If Part 4 Division 1 of the Act applies and the Authority has already paid an
amount into the Environment Resources and Development Court, the amount (if
any) paid into the Land and Valuation Court will be the amount by which the
amount of the offer exceeds that amount already paid into the Environment,
Resources and Development Court.)
(27) Schedule, Form 6,
clause 3—delete the clause and substitute:
3—Reference of matters into Court
The Authority or a claimant for compensation may refer a question arising in
the course of negotiations into the Land and Valuation Court (see
section 23C of the Land Acquisition Act 1969 ).
The principles for determining compensation are set out in section 25 of
the Land Acquisition Act 1969 .
(28) Schedule, Form 7,
clause 4 (including the italic note at the foot of the clause)—delete
the clause
(29) Schedule, Form 7,
note 1 at foot of form—delete the note and substitute:
1 The notice must be given to the owner (including
a person who holds native title in land) and occupier of the land at least
7 days before entry.
(30) Schedule, Form 8,
clause 2—at the end of the clause insert:
However, the Authority is not authorised to take stone, gravel, earth or other
material from land for the purpose of extracting, producing or refining
minerals from it or processing it by non-mechanical means.
(31) Schedule, Form 8,
clause 4 (including the italic note at the foot of that clause)—delete
the clause
(32) Schedule, Form 8,
note 1 at foot of form—delete the note and substitute:
1 The notice must be given to the owner (including
a person who holds native title in land) and occupier of the land at least 7
days before entry.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978 , the
Minister has certified that, in the Minister's opinion, it is necessary or
appropriate that these regulations come into operation as set out in these
regulations.