Adnyamathanha People No 3 Native Title Claim v State of South Australia

In Adnyamathanha People No 3 Native Title Claim v State of South Australia, the Federal Court of Australia was tasked with determining whether certain lands held under perpetual lease and freehold titles were subject to section 47A of the Native Title Act 1993 (Cth). The case involved an application for native title determination over three categories of land: perpetual lease land, freehold land, and un-allotted Crown land. The perpetual lease land and freehold land were held by the Viliwarinha Yura Aboriginal Corporation (VYAC). The legal issues centred on the interpretation of section 47A, which provides for the revival of native title over certain lands, and whether the perpetual lease and freehold lands fell within its purview. The court examined the meaning of "grant" and "vested" in the context of section 47A(1)(b)(i) and the circumstances under which an Aboriginal corporation expressly holds land on trust within the meaning of section 47A(1)(b)(ii).

The Court considered earlier decisions and concluded that the perpetual lease land qualified under both section 47A(1)(b)(i) and (ii) of the Native Title Act. It found that the freehold land only qualified under section 47A(1)(b)(ii). The reasoning hinged on the legislative intent behind section 47A, which aimed to create a statutory exception to provisions that preclude native title being claimed over land that had been subject to past extinguishment. The Court determined that the perpetual lease land, granted under specific legislative provisions, met the criteria set out in section 47A(1)(b)(i) and (ii), whereas the freehold land did not meet the criteria under section 47A(1)(b)(i) as it was not granted under legislation expressly for the benefit of Aboriginal peoples. However, it did meet the criteria under section 47A(1)(b)(ii) as it was held expressly for the benefit of Aboriginal peoples.