Case note: Straits Exploration (A ustralia) Pty L td v Kokatha Uwankara Native Title Claimants

摘要

The decision of the Environment, Resources and Development Court of South Australia (ERD Court or the court) in Straits Exploration (Australia) Pty Ltd v Kokatha Uwankara Native Title Claimants1 concerns the first application to the court under s 63S of the Mining Act 1971 (SA) (the Act). It is instructive in its detailed consideration of the factors the court must take into account in determining whether to authorise mining operations under Pt 9B of the Act, and in its discussion of the relationship between the Act and the Native Title Act 1993 (Cth) (the NTA).