CASE NOTE: Kapitany v Kokatha Aboriginal Corporation  SAERDC 15 (13 April 2017)
The applicant is seeking to mine in the Native Title region held by Kokatha Aboriginal Corporation. The Native Title held by the respondent is not a right of exclusive possession however negotiations between the parties failed to reach a land use agreement. Under the Mining Act 1971 (SA) s 63S should an agreement regarding mineral exploration in a Native Title area not be reached, an application may be made to the Environment, Resources and Development Court to obtain a determination on the matter. The Court held that the proposed mining operation could co-exist with Native Title and thus was conditionally permitted.
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