Wilson v State of South Australia (No 4)

The case of Wilson v State of South Australia (No 4) involved an application for a determination of native title under the Native Title Act 1993 (Cth). The primary dispute was whether the native title of the applicant had been extinguished by certain works carried out on the land, specifically the construction of a golf course, and whether a lease granted to the Streaky Bay Golf Club had extinguished the native title. The court was tasked with deciding whether the establishment and construction of the golf course constituted a public work in the nature of major earthworks occurring on or before 31 December 1993, and whether such works caused "major disturbance" to the land. Additionally, the court needed to determine whether a lease was granted to the club in respect of the land before 23 December 1996, and if so, whether that lease had extinguished the native title.

The court considered the evidence presented by the parties, including affidavits and annexures, and found that the applicant's native title was not wholly extinguished by the construction of public works. The court concluded that the works carried out on the land did not constitute a public work in the nature of major earthworks, nor did they cause major disturbance to the land. Furthermore, the court found that no lease was granted to the club before 23 December 1996 that would have extinguished the native title. The court's reasoning was based on the lack of evidence to support the assertion that the golf course constituted a public work and the absence of a valid lease agreement prior to the relevant date.

The final orders of the court included scheduling a further case management hearing to continue the proceedings. The court's decision highlighted the importance of demonstrating that public works and leases meet the statutory criteria for extinguishing native title, and underscored the need for clear and convincing evidence to support such claims.