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Native Title Land

Guidelines and procedures

'Native title land' is defined in the Native Title (South Australia) Act 1994 (external site) to mean 'land in respect of which native title exists or might exist'.

Native title claims exist over most of the land in South Australia.

Native title parties are registered under the Commonwealth Native Title Act 1993 (external site) or Native Title (South Australia) Act 1994 (external site).

Anyone who is a registered native title claimant under either legislation is automatically a 'native title party'.

Holders of an exploration licence or mineral claim must obtain an agreement authorising exploration or mining on native title land. The Department of State Development cannot grant a mining lease until an agreement has been negotiated with the native title holders or claimants.

Any agreement reached between the parties must be lodged with a mining registrar for assessment.

Interactive maps showing native areas over South Australia are available in the South Australian Resources Information Geoserver (SARIG).

Open the SARIG application, go to the Map Layers widget Data tab, then Land Access. You can then select to show any or all of the following:

  • Schedule of Native Title Claims (external boundaries of all native title determination and compensation applications currently recognised and active within the Federal Court process
  • Registered and Notified Indigenous Land Use Agreements (ILUAs) (boundaries of ILUAs that have entered the notification process or have been registered and placed on the Register of Indigenous Land Use Agreements (section 199A, Commonwealth Native Title Act)
  • Registered Native Title Determination Applications
  • Determinations of Native Title 

Indigenous Land Use Agreements (ILUAs) currently in place in South Australia