Native Title to Co-Exist with Mining in South Australia

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Native Title to Co-Exist with Mining in South Australia

CASE NOTE: Kapitany v Kokatha Aboriginal Corporation [2017] 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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