Lander v State of South Australia

The case of Lander v State of South Australia involves a dispute regarding the determination of native title over a specified area, referred to as the Determination area. The parties to the case include the Dieri People, who claim traditional ownership of the land, and the State of South Australia. The matter was heard by the Federal Court of Australia, which was tasked with resolving the dispute in accordance with the provisions of the Native Title Act 1993 (Cth).

The primary legal issues addressed by the court included the recognition of the Dieri People as the traditional owners of the Determination area, the continuity of their traditional laws and customs, and the extinguishment of native title rights by public works. The court had to determine whether the Dieri People met the threshold requirements of section 223 of the Native Title Act, which includes demonstrating a recognisable group or society that acknowledges and observes traditional laws and customs, and that these laws and customs have been continuously observed since sovereignty.

In reaching its decision, the court considered the extensive evidence provided by both parties, including anthropological reports and statements from members of the Dieri People. The court placed significant weight on the joint submissions of the Dieri People and the State of South Australia, which indicated a substantial agreement on most of the disputed propositions. The court also noted the role of the Federal Court in encouraging the resolution of native title claims by agreement. Ultimately, the court was satisfied that the determination of native title by agreement was the proper course of action in the circumstances.

The court issued a determination that native title rights and interests in the Determination area were wholly extinguished over public works constructed, established, or situated prior to 23 December 1996, and left the determination of the effect of public works constructed after that date to be addressed under Part 2 Division 3 of the Native Title Act. The court made this determination based on its satisfaction that the agreement reached between the parties was appropriate and in line with the objectives of the Native Title Act.