South Australian Current Acts South Australian Current Acts19—Negotiation about acquisition of native title in land
(1) If native title in
land is to be acquired, the Authority must, after giving notice of intention
to acquire land and before publishing a notice of acquisition of the land,
negotiate in good faith with the appropriate native title parties (if any) in
an attempt to reach agreement about the acquisition of the native title in the
land.
(2) The obligation to
negotiate does not extend to matters unrelated to the effect of the
acquisition project on the registered native title rights of the native title
parties.
(3) If any of the
negotiating parties requests the ERD Court to do so, the Court must mediate
between the parties to assist in obtaining their agreement.
(4) If agreement is
reached, the agreement must be filed in the Court.
(5) The parties to an
agreement filed in the Court under subsection (4) may direct that the
agreement or a particular part of the agreement be kept confidential and, if
such a direction is given, the agreement or the relevant part of the agreement
is not to be available for inspection except by permission of the Court.
(6) If the
appropriate native title parties have made or established distinct claims or
entitlements to native title in relation to the land to which the proposed
agreement is to relate, the agreement may consist of—
(a) a
single agreement with all the appropriate native title parties; or
(b) a
series of agreements with one or more of the appropriate native title parties
so that they are all party to at least one of the agreements.
(7) In this
section—
"appropriate native title parties" are the native title parties registered as
holders of, or claimants to, native title in the land on the relevant date who
continue to be so registered throughout the course of the negotiations
including such native title parties registered initially as claimants to
native title but later registered as holders of native title during the course
of the negotiations, but not including native title parties whose application
for a native title declaration was made less than one month before the
relevant date;
"relevant date" means the date falling four months after notice of intention
to acquire the land is given under section 10(2).