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Pitjantjatjara Land Rights Act, 1981 |
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See also: Pitjantjatjara Land Rights Act, 1981 at www.austlii.edu.au.
SUMMARY OF PROVISIONS
PART I
PRELIMINARY
Section
1. Short title
2. Commencement
3. Arrangement of Act
4. Interpretation
PART II
ANANGU PITJANTJATJARA
DIVISION I-CONSTITUTION OF ANANGU PITJANTJATJARA AS BODY CORPORATE
5. Constitution of Anangu Pitjantjatjara as body corporate
DIVISION II-POWERS AND FUNCTIONS OF ANANGU PITJANTJATJARA
6. Powers and functions of Anangu Pitjantjatjara
7. Requirement of consultation
DIVISION III-GENERAL MEETINGS OF ANANGU PITJANTJATJARA
8. Annual general meetings and special general meetings
DIVISION IV-THE EXECUTIVE BOARD OF ANANGU PITJANTJATJARA
9. Constitution of the Executive Board of Anangu Pitjantjatjara
10. Procedure of the Executive Board
11. Functions of the Executive Board
12. Evidentiary provision
13. Accounts and audit
DIVISION V-THE APPROVED CONSTITUTION
14. The approved constitution of Anangu Pitjantjatjara
PART III
THE LANDS
DIVISION I-VESTING OF THE LANDS IN ANANGU PITJANTJATJARA
15. The Governor may grant certain land, in fee simple, to Anangu Pitjantjatjara
16. Special provisions in relation to the land grant
17. Inalienability of land vested in Anangu Pitjantjatjara in pursuance of this Part
DIVISION II-ENTRY TO THE LANDS
18. Rights of Pitjantjatjaras with respect to lands
19. Unauthorized entry on the lands
DIVISION III-MINING OPERATIONS ON THE LANDS
20. Mining operations on the lands
21. Interaction of this Act and Mining and Petroleum Acts
22. Royalty
23. Offence in relation to obtaining permission to carry out mining operations
24. Certain payments or other consideration to Anangu
Pitjantjatjara must represent fair compensation
DIVISION IV-THE MINTABIE PRECIOUS STONES FIELD
25. Special provisions relating to the Mintabie precious stones field
26. The Mintabie Consultative Committee
27. Exclusion of certain persons from the field
28. Annual licences and incidental rights for Mintabie residents
29. Interaction of this Division and the Mining Act
DIVISION V-RIGHT OF THE CROWN TO CONTINUE IN OCCUPATION OF CERTAIN PARTS OF THE LANDS
30. Right of the Crown to continue its occupation of certain land
DIVISION VI-CONSTRUCTION OF ROADS BY THE COMMISSIONER OF HIGHWAYS
31. Consent of Anangu Pitjantjatjara required for road works
32. Proposals to carry out road works and arbitration of disputes
33. Road reserves
34. Consent not required for maintenance or repair of roads
referred to in second schedule
PART IV
DISPUTES
35. Tribal assessor
36. Disputes
37. Order compelling compliance with direction of the tribal assessor
PART V
MISCELLANEOUS
38. Summary offences
39. Power of court to order compensation in certain cases
40. Exemption of lands from land tax
41. Financial provision
42. Non-application of Outback Areas Community Development Trust Act
42a. Interaction between this Act and certain other Acts and laws
42b. Depasturing of stock
42c. Parliamentary Committee
42d. Petrol
43. Regulations
SCHEDULES
Pitjantjatjara Land Rights Act, 1981, No. 20 of 1981
(Assented to 19 March 1981)
*1*
as amended by
Pitjantjatjara Land Rights Act Amendment Act, 1987, No. 50 of 1987
(Assented to 30 April 1987)
*2*
*1*Came into operation 2 October 1981: Gaz. 2 October 1981, p. 1139.
*2*Came into operation 18 June 1987: Gaz. 18 June 1987, p. 1542.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - LONG TITLE
An Act to provide for the vesting of title to certain lands in the people
known as Anangu Pitjantjatjara; and for other purposes.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - PART I
PART I PRELIMINARY
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 1 Short title
1. This Act may be cited as the Pitjantjatjara Land Rights Act, 1981.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 2
Commencement
2. (1) This Act shall come into operation on a day to be fixed by
proclamation.
(2) The Governor may, in a proclamation made for the purposes of subsection
(1), suspend the operation of specified provisions of this Act until a
subsequent day fixed in the proclamation, or a day to be fixed by subsequent
proclamation.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 3
Arrangement of Act
3. This Act is arranged as follows:
PART I-PRELIMINARY
PART II-ANANGU PITJANTJATJARA
PART IV-DISPUTES
PART V-MISCELLANEOUS
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 4
Interpretation
4. In this Act, unless the contrary intention appears-
"Anangu Pitjantjatjara" means the body corporate constituted under that name
by this Act:
"the constitution" means the constitution of Anangu Pitjantjatjara for the
time being in force under this Act:
"the Executive Board" means-
(a) the Executive Board of Anangu Pitjantjatjara constituted under this
Act;
or
(b) during a period prior to the constitution of that Board- the
Pitjantjatjara Council:
"the lands" means the lands described in the first schedule to this Act:
"mining operations" means operations authorized by or under the Mining Act,
1971- 1978, or the Petroleum Act, 1940-1978:
"mining tenement" means a right, permit, claim, lease or licence under the
Mining Act, 1971-1978, or the Petroleum Act, 1940-1978:
"Mintabie resident" means a person who-
(a) is entitled to enter and remain on the Mintabie precious stones field
under Division IV of Part III;
and
(b) resides or proposes to reside on the field:
"petrol" includes any volatile liquid containing hydrocarbons:
"Pitjantjatjara" means a person who is-
(a) a member of the Pitjantjatjara, Yungkutatjara or Ngaanatjara people;
and
(b) a traditional owner of the lands, or a part of them:
"road works" means the construction, re-construction or repair of a road, or
of related works:
"traditional owner" in relation to the lands means an Aboriginal person who
has, in accordance with Aboriginal tradition, social, economic and spiritual
affiliations with, and responsibilities for, the lands or any part of them.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - PART II
PART II
ANANGU
PITJANTJATJARA
PITJANTJATJARA LAND RIGHTS ACT, 1981 - DIVISION I
DIVISION
I-CONSTITUTION OF ANANGU PITJANTJATJARA AS BODY CORPORATE
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 5
Constitution of Anangu
Pitjantjatjara as body corporate
5. (1) There shall be a body corporate entitled "Anangu Pitjantjatjara".
(2) All Pitjantjatjaras are members of Anangu Pitjantjatjara.
(3) Anangu Pitjantjatjara shall have a common seal.
(4) In any legal proceedings, an apparently genuine document purporting to
bear the common seal of Anangu Pitjantjatjara and the signatures of five
members of the Executive Board attesting the affixation of the seal, shall be
presumed, in the absence of proof to the contrary, to have been duly executed
by Anangu Pitjantjatjara.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - DIVISION II
DIVISION II-POWERS AND FUNCTIONS OF ANANGU PITJANTJATJARA
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 6
Powers and functions
of Anangu Pitjantjatjara
6. (1) The functions of Anangu Pitjantjatjara are as follows:
(a) to ascertain the wishes and opinions of traditional owners in relation
to the management, use and control of the lands and to seek, where
practicable, to give effect to those wishes and opinions;
(b) to protect the interests of traditional owners in relation to the
management, use and control of the lands;
(c) to negotiate with persons desiring to use, occupy or gain access to any
part of the lands;
and
(d) to administer land vested in Anangu Pitjantjatjara.
(2) Anangu Pitjantjatjara has the following powers:
(a) the power to sue and be sued;
(b) the power-
(i) to grant a lease or licence, for any period it thinks fit, in respect of
any part of the lands (being a part of the lands vested in Anangu
Pitjantjatjara) to a Pitjantjatjara or an organization comprised of
Pitjantjatjaras;
(ii) to grant a lease or licence, for a period not exceeding fifty years, in
respect of any part of the lands (being a part of the lands vested in Anangu
Pitjantjatjara) to an agency or instrumentality of the Crown;
(iii) to grant a lease or licence, for a period not exceeding five years, in
respect of any part of the lands (being a part of the lands vested in Anangu
Pitjantjatjara) to any other person or body of persons;
(c) the power to acquire by agreement, hold, deal in, or dispose of, land
outside the lands;
(d) the power to enter into contracts;
(e) the power to appoint and dismiss staff;
(f) the power to receive and disburse moneys;
(g) the power to obtain advice from persons who are expert in matters with
which Anangu Pitjantjatjara is concerned;
(h) the power to establish offices;
(i) the power to make a constitution relating to-
(i) the conduct of meetings of Anangu Pitjantjatjara;
(ii) the procedures to be followed in resolving disputes;
and
(iii) any other matter that may be necessary or expedient in relation to the
conduct or administration of the affairs of Anangu Pitjantjatjara;
and
(j) the power to take such other steps as may be necessary or expedient for,
or incidental to, the performance of its functions.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 7
Requirement of consultation
7. Anangu Pitjantjatjara shall, before carrying out or authorizing or
permitting the carrying out of any proposal relating to the administration,
development or use of any portion of the lands, have regard to the interests
of, and consult with, traditional owners having a particular interest in that
portion of the lands, or otherwise affected by the proposal, and shall not
carry out the proposal, or authorize or permit it to be carried out, unless
satisfied that those traditional owners-
(a) understand the nature and purpose of the proposal;
(b) have had the opportunity to express their views to Anangu
Pitjantjatjara;
and
(c) consent to the proposal.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - DIVISION III
DIVISION III-GENERAL MEETINGS OF ANANGU PITJANTJATJARA
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 8
Annual general meetings and special general meetings
8. (1) There shall be an annual general meeting of Anangu Pitjantjatjara
once in every calendar year.
(2) The first annual general meeting of Anangu Pitjantjatjara shall be held
not more than three months after the commencement of this Act.
(3) An annual general meeting of Anangu Pitjantjatjara shall be held not
more than fifteen months after the last preceding annual general meeting.
(4) A special general meeting of Anangu Pitjantjatjara shall be held if not
less than ten members of Anangu Pitjantjatjara make a request to the Executive
Board for the holding of such a meeting.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - DIVISION IV
DIVISION IV-THE EXECUTIVE BOARD OF ANANGU PITJANTJATJARA
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 9 Constitution of the
Executive Board of Anangu Pitjantjatjara
9. (1) There shall be an Executive Board of Anangu Pitjantjatjara.
(2) The Executive Board shall consist of-
(a) a chairman;
and
(b) ten other members,
elected at an annual general meeting of Anangu Pitjantjatjara.
(3) A person is not eligible for election as a member of the Executive Board
unless he is a Pitjantjatjara.
(4) A member of the Executive Board shall, subject to the constitution, hold
office from the date of his election until the next annual general meeting of
Anangu Pitjantjatjara but shall then, subject to the constitution, be eligible
for re-election.
(5) Where a casual vacancy occurs in the office of a member of the Executive
Board, the Executive Board may appoint a suitable Pitjantjatjara to fill the
vacancy, and the person so appointed shall, subject to the constitution, hold
office until the next annual general meeting of Anangu Pitjantjatjara.
(6) Until the first annual general meeting of Anangu Pitjantjatjara, the
body presently known as the Pitjantjatjara Council shall perform the functions
and duties of the Executive Board.
PITJANTJATJARA D RIGHTS ACT, 1981 - SECT 10 Procedure of the
Executive Board
10. (1) The Executive Board shall meet for the transaction of business at
least once in every two months.
(2) Five members of the Executive Board shall constitute a quorum of the
Executive Board.
(3) The Chairman shall preside at any meeting of the Executive Board at
which he is present and, in the absence of the Chairman, the members present
shall elect one of their number to preside at that meeting.
(4) A decision agreed to by a majority of the members present at a meeting
of the Executive Board (being a majority comprising not fewer than four
members of the Executive Board) shall be a decision of the Executive Board.
(5) No act or proceeding of the Executive Board is invalid by reason only of
a vacancy in the office of a member of the Executive Board.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 11 Functions of the
Executive Board
11. (1) The Executive Board shall carry out the resolutions of Anangu
Pitjantjatjara.
(2) The Executive Board shall act in conformity with the resolutions of
Anangu Pitjantjatjara and no act of the Executive Board, done otherwise than
in accordance with a resolution of Anangu Pitjantjatjara, is binding on Anangu
Pitjantjatjara.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 12 Evidentiary provision
12. An apparently genuine document purporting-
(a) to be under the common seal of Anangu Pitjantjatjara;
(b) to be signed by five or more members of the Executive Board;
and
(c) to certify that a specified act of the Executive Board has been done in
conformity with a resolution of Anangu Pitjantjatjara and the provisions of
this Act,
shall be conclusive proof that that act is valid and binding upon Anangu
Pitjantjatjara.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 13 Accounts and audit
13. (1) The Executive Board shall cause proper accounts to be kept of the
financial affairs of Anangu Pitjantjatjara.
(2) The Executive Board-
(a) shall cause the accounts of Anangu Pitjantjatjara for each financial
year to be audited by an auditor registered under the Companies Act,
1962-1980;
and
(b) shall, within twenty-eight days after completion of the audit, lodge
copies of the audited accounts with the Corporate Affairs Commission.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - DIVISION V
DIVISION V-THE APPROVED CONSTITUTION
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 14
The approved constitution of Anangu Pitjantjatjara
14. (1) Subject to this Act the proceedings of Anangu Pitjantjatjara and the
administration of its affairs shall be governed by a constitution determined
upon by Anangu Pitjantjatjara and approved by the Corporate Affairs
Commission.
(2) The constitution must be submitted to the Corporate Affairs Commission
for its approval within twelve months after the commencement of this Act.
(3) Anangu Pitjantjatjara may at any time propose an alteration to its
approved constitution and, upon approval of the proposed alteration by the
Corporate Affairs Commission, the alteration shall come into effect.
(4) A constitution or alteration submitted for the approval of the Corporate
Affairs Commission under this section shall be approved if it conforms with
this Act and the law of the State.
(5) The constitution must specify the address of an office within thirty
kilometres of the General Post Office at Adelaide at which legal process,
notices and other documents may be served upon Anangu Pitjantjatjara or the
Executive Board.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - PART III
PART III THE LANDS
PITJANTJATJARA LAND RIGHTS ACT, 1981 - DIVISION I
DIVISION I-VESTING OF THE LANDS IN ANANGU PITJANTJATJARA
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 15 The Governor may
grant certain land, in fee simple, to Anangu Pitjantjatjara
15. (1) The Governor may issue a land grant, in fee simple, of the whole or any
part of the lands to Anangu Pitjantjatjara.
(2) The Governor shall not exercise his powers under subsection (1) in
relation to land (not being land comprised in Granite Downs Station) unless
all persons with a legal or equitable estate or interest in the land have
surrendered, or agreed to surrender, their respective interests.
(3) Where the Governor exercises his powers under subsection (1) to grant
land comprised in Granite Downs Station to Anangu Pitjantjatjara, the
following provisions shall apply:
(a) any pastoral lease then in force in relation to that land shall, subject
to its terms and the provisions of the Pastoral Act, 1936-1980, continue in
force as if Anangu Pitjantjatjara had leased the land to the Crown and the
Crown had sub-leased it to the lessee;
(b) upon surrender or expiration of the lease, the lease shall not be
renewed, and the land shall not be re-let by the Crown;
(c) the lessee shall be entitled to compensation from the Crown for diminution in the
value of the lease resulting from the operation of paragraph (b) (but compensation to
which the lessee is entitled under this paragraph
shall be calculated as if the land were unimproved);
and
(d) the lessee shall, upon surrender or expiration of the lease, be entitled
to compensation from Anangu Pitjantjatjara for the improvements upon the land
determined as if the land had remained pastoral lands and had been re-let
under the Pastoral Act, 1936-1980, to Anangu Pitjantjatjara on the date of the
surrender or expiry of the lease.
(4) The compensation payable under subsection (3)(c) or (d) shall be
determined by agreement, or in default of agreement, by the Land and Valuation
Court.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 16
Special provisions in relation to the land grant
16. (1) A land grant issued under this Division shall be expressed in the
English language and in the Pitjantjatjara language, but the interpretation of
the land grant shall be governed by those portions of the land grant that are
expressed in the English language.
(2) If, in the opinion of the Surveyor-General, a land grant issued under
this Division erroneously or imperfectly defines the land to which it was
intended to apply, the Surveyor-General may submit to the Minister of Lands a
proposal to amend the land grant for the purpose of correcting the error, or
defining the land with greater precision.
(3) If, in the opinion of the Minister of Lands, the proposal of the
Surveyor-General should be carried into effect, he may direct the
Registrar-General to amend the land grant in accordance with the proposal.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 17 Inalienability of
land vested in Anangu Pitjantjatjara in pursuance of this Part
17. Subject to this Act, where land has vested in Anangu Pitjantjatjara in
pursuance of this Part, no estate or interest in the land-
(a) may be alienated from Anangu Pitjantjatjara;
or
(b) may be compulsorily acquired, resumed or forfeited under the law of this
State.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - DIVISION II DIVISION II-ENTRY
TO THE LANDS
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 18 Rights of
Pitjantjatjaras with respect to lands
18. All Pitjantjatjaras have unrestricted rights of access to the lands.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 19 Unauthorized entry on
the lands
19. (1) A person (not being a Pitjantjatjara) who enters the lands without
the permission of Anangu Pitjantjatjara is guilty of an offence and liable to
a penalty not exceeding the maximum prescribed by subsection (2).
(2) The maximum penalty for an offence against subsection (1) is-
(a) where the offence was committed intentionally-a fine of two thousand
dollars plus five hundred dollars for each day during which the convicted
person remained on the land after the unlawful entry;
or
(b) in any other case-a fine of two hundred dollars.
(3) An application for permission to enter the lands-
(a) may be made by an applicant on the applicant's own behalf, or on behalf
of a group of persons;
and
(b) must, unless the Executive Board otherwise allows-
(i) be in writing and lodged with the Executive Board;
and
(ii) set out-
(A) the purpose for which entry to the lands is sought;
(B) the period for which entry to the land is sought;
and
(C) the time and place at which the applicant, or the group on whose behalf
the application is made, seeks to enter the lands.
(4) The applicant shall, at the request of Anangu Pitjantjatjara, furnish
such further information as it may reasonably require to determine the
application.
(5) Upon an application under this section, Anangu Pitjantjatjara may, by
instrument in writing
(a) grant permission to enter the lands unconditionally;
(b) grant permission to enter the lands subject to such conditions as it
thinks fit;
or
(c) refuse permission to enter the lands.
(5a) Where a group of persons is permitted to enter the lands, each member
of the group is bound by the conditions (if any) subject to which the
permission was granted.
(5b) A person who contravenes or fails to comply with a condition on which
the person, or a group of which the person is a member, was granted permission
to enter the lands is guilty of an offence and liable to a penalty not
exceeding the maximum prescribed by subsection (5c).
(5c) The maximum penalty for an offence against subsection (5b) is a fine of
$2,000 plus $500 for each day (if any) during which the convicted person was
on the lands, or a particular part of the lands, in contravention of the
condition.
(6) Anangu Pitjantjatjara may, upon such conditions as it thinks fit,
delegate any of its powers under subsection (5) to any group of
Pitjantjatjaras.
(7) A delegation under subsection (6) is revocable at will and does not
derogate from the power of Anangu Pitjantjatjara to act itself in any matter.
(8) This section does not apply to-
(a) a police officer acting in the course of carrying out his official
duties;
(b) any other officer appointed pursuant to statute acting in the course of
carrying out his official duties;
(c) a person acting upon the written authority of the Minister of Aboriginal
Affairs, who enters the lands for the purpose of carrying out functions that
have been assigned to a Minister or instrumentality of the Crown or a
department of government;
(d) a member of the Parliament of the State or the Commonwealth, a person
who is genuinely a candidate for election as a member of the Parliament of the
State or the Commonwealth, or a person who is accompanying and genuinely
assisting any such member or candidate;
(e) entry upon the lands in case of emergency;
or
(f) entry upon the lands in pursuance of Division III, Division IV or
Division VI of this Part.
(9) Where a person proposes to enter the lands in pursuance of subsection
(8)(b), (c) or (d) reasonable notice of the time, place and purpose of the
proposed entry must be given to Anangu Pitjantjatjara.
(9a) A person who, being entitled to enter upon part only of the lands in
pursuance of Division III, Division IV or Division VI of this Part, enters
upon some other part of the lands without the permission of Anangu
Pitjantjatjara acts in contravention of subsection (1).
(10) If Anangu Pitjantjatjara, by notice in writing to the Minister of
Aboriginal Affairs, objects to an authorized person entering or remaining upon
the lands, the Minister shall revoke or modify the authorization in order to
give effect to the objection unless he is satisfied that there are sufficient
reasons why the authorization should continue notwithstanding the objection.
(11) Where a pastoral lease remains in force in relation to any part of the
lands, the holder of the lease, any member of his family, any employee or
member of an employee's family, and any other person authorized in writing by
the lessee, may, without the permission of Anangu Pitjantjatjara, enter land
comprised in the lease.
(12) Where an authorization is granted by a lessee under subsection (11),
notice in writing of the authorization shall be given by the lessee to Anangu
Pitjantjatjara within one month after the authorization was granted.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - DIVISION III
DIVISION III-MINING OPERATIONS ON THE LANDS
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 20 Mining operations on
the lands
20. (1) Notwithstanding the provisions of any other Act, a person who,
without permission under this section-
(a) carries out mining operations upon the lands;
or
(b) enters the lands for the purpose of carrying out mining operations,
shall be guilty of an offence and liable to a penalty not exceeding the
maximum prescribed by subsection (2).
(2) The maximum penalty for an offence against subsection (1) is a fine of
ten thousand dollars plus one thousand dollars for each day during which the
convicted person-
(a) carried out unlawful mining operations on the lands;
or
(b) remained on the lands after the unlawful entry.
(2a) A person who, having permission to carry out mining operations upon
part only of the lands, carries out mining operations on some other part of
the lands without the permission of Anangu Pitjantjatjara acts in
contravention of subsection (1)(a).
(3) An application for permission to carry out mining operations upon the
lands-
(a) may be made only by a person who has applied for a mining tenement in
respect of the lands or a part of the lands and has been notified by the
Minister of Mines and Energy that he approves the making of an application
under this section;
(b) must be in writing and lodged with the Executive Board;
and
(c) must contain, or be accompanied by, all information submitted by the
applicant to the Minister of Mines and Energy in support of his application
for a mining tenement.
(4) The applicant shall, at the request of Anangu Pitjantjatjara, furnish in
writing such further information as it may reasonably require to determine the
application.
(5) The applicant shall, as soon as practicable after making his
application, or furnishing information under subsection (4), send to the
Minister of Mines and Energy a copy of the application or of the document by
which the information was furnished.
(6) Upon an application under this section, Anangu Pitjantjatjara may-
(a) grant its permission unconditionally;
(b) grant its permission subject to such conditions (which must be
consistent with the provisions of this Act) as it thinks fit;
or
(c) refuse its permission.
(7) Anangu Pitjantjatjara shall, upon deciding an application under this
section, notify the applicant, in writing, of its decision and the applicant
shall, within seven days after receiving that notification, furnish the
Minister of Mines and Energy with a copy of the notification.
(7a) The reasonable costs and expenses incurred by Anangu Pitjantjatjara in
dealing with an application under this section may be recovered from the
applicant as a debt.
(7b) Any payment made in satisfaction of a liability arising under
subsection (7a) shall, if the application is subsequently determined in favour
of the applicant but on condition that compensation be paid to Anangu
Pitjantjatjara, be regarded as a payment made on account of that compensation.
(8) Where-
(a) Anangu Pitjantjatjara refuses its permission under this section or
grants its permission but subject to conditions that are unacceptable to the
applicant;
or
(b) the applicant has not, at the expiration of one hundred and twenty days
from the date of the application, received notice of a decision by Anangu
Pitjantjatjara upon the application,
the applicant may request the Minister of Mines and Energy to refer the
application to an arbitrator.
(9) If the Minister of Mines and Energy receives a request under subsection
(8), the application shall be referred to an arbitrator appointed by the
Minister of Mines and Energy.
(10) At least twenty-one days before an arbitrator is appointed under
subsection (9), the Minister of Mines and Energy must inform Anangu
Pitjantjatjara of whom he proposes to appoint and he must consider any
representations of Anangu Pitjantjatjara in relation to the proposed
appointment.
(11) The arbitrator must be a judge of the High Court, the Federal Court of
Australia, or the Supreme Court of a State or Territory of Australia.
(12) The arbitrator-
(a) shall have the powers of a commission of inquiry under the Royal
Commissions Act;
and
(b) may state a case for the opinion of the Supreme Court on a question of
law.
(13) A case stated under subsection (12) shall be heard and determined by
the Full Court.
(14) After hearing such evidence and submissions as-
(a) Anangu Pitjantjatjara;
(b) the applicant;
(c) the Minister of Mines and Energy;
and
(d) the Minister of Aboriginal Affairs,
may desire to make to him, and such other evidence and submissions as he
thinks fit to receive, the arbitrator may-
(e) affirm, vary or reverse the decision of Anangu Pitjantjatjara;
or
(f) where no decision has been made by Anangu Pitjantjatjara upon the
application-determine the application as the arbitrator thinks fit.
(14a) The arbitrator may, if the arbitrator thinks fit, award against the
applicant and in favour of Anangu Pitjantjatjara an amount that represents, in
the arbitrator's opinion, the reasonable costs and expenses incurred by Anangu
Pitjantjatjara in relation to the arbitration.
(14b) An amount awarded under subsection (14a) may be recovered by Anangu
Pitjantjatjara as a debt.
(15) In arriving at his determination, the arbitrator shall have regard to-
(a) the effect of the grant of the mining tenement upon-
(i) the preservation and protection of Pitjantjatjara ways-of-life,
culture and tradition;
(ii) the interests, proposals, opinions and wishes of the Pitjantjatjara
people in relation to the management, use and control of the lands;
(iii) the growth and development of Pitjantjatjara social, cultural
and economic structures;
(iv) freedom of access by Pitjantjatjaras to the lands and their freedom to
carry out on the lands rites, ceremonies and other activities in accordance
with Pitjantjatjara traditions;
(b) the suitability of the applicant to carry out the proposed mining
operations and his capacity, in carrying out those operations, to minimize
disturbance to the Pitjantjatjara people and the lands;
(c) the preservation of the natural environment;
and
(d) the economic and other significance of the operations to the State and
Australia.
(16) The arbitrator shall hear and determine the arbitration as
expeditiously as possible.
(17) A determination under this section is binding upon Anangu
Pitjantjatjara, the applicant and the Crown.
(18) The Arbitration Act, 1891-1974, does not apply to an arbitration under
this section.
(19) This section does not apply in relation to prospecting or mining for
precious stones on the Mintabie precious stones field.
(20) Where a person applies under this section for permission to prospect
and mine for precious stones, and the proposed mining operations are to be
carried out within a prescribed area, no compensation, or other consideration,
shall be paid or given to Anangu Pitjantjatjara under or in respect of a
permission granted under this section.
(21) No regulation prescribing an area for the purposes of subsection (20)
shall be made unless-
(a) the area to be prescribed has been delineated or otherwise identified by
plan, photograph or other document;
and
(b) the plan, photograph or other document has been deposited in the General
Registry Office by the Minister of Mines and Energy with the consent of Anangu
Pitjantjatjara,
and any such regulation may be made by reference to a plan, photograph or
other document so deposited.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 21
Interaction of this Act and Mining and Petroleum Acts
21. (1) Where prospecting or mining is permitted upon the lands in pursuance
of this Division, the person in whose favour the permission was granted and
his agents, contractors and employees may, subject to the conditions (if any)
upon which the permission was granted, and to the provisions of the Mining
Act, 1971-1978, or the Petroleum Act, 1940-1978, as the case may require (but
without requiring any further permission or authority to enter the lands under
the provisions of either of those Acts), enter the lands for the purpose of
prospecting or mining.
(2) A mining tenement shall not be granted in respect of the lands or a part
of the lands except to a person who has permission to carry out mining
operations on the lands under this Division, but this Act does not prevent the
taking of any step under the Mining Act or the Petroleum Act antecedent to the
grant of a mining tenement.
(3) Before a mining tenement is granted in pursuance of the Mining Act or
the Petroleum Act in relation to the lands or a part of the lands, the
Minister administering the relevant Act shall afford Anangu Pitjantjatjara a
reasonable opportunity to make submissions relating to the conditions subject
to which the tenement should be granted.
(4) If a person-
(a) makes a payment or gives other consideration in contravention of section
23;
or
(b) in relation to-
(i) obtaining the permission of Anangu Pitjantjatjara for the carrying out
of mining operations on the lands;
or
(ii) the carrying out or proposed carrying out of mining operations on the
lands,
makes a payment, or gives some other consideration, to Anangu Pitjantjatjara
(not being a payment or consideration otherwise permitted or provided for in
this Act) otherwise than in conformity with-
(iii) conditions imposed by Anangu Pitjantjatjara under this Division in
granting its permission for the carrying out of the mining operations;
(iv) conditions determined or approved by an arbitrator under this
Division;
or
(v) an agreement of which the Minister of Mines and Energy has been
notified under this Division,
then-
(c) the amount of the payment, or the value of the consideration, is
recoverable as a debt due to the Crown;
and
(d) (i) no mining tenement in respect of the lands will be granted to the
person and the person is precluded from applying for another mining tenement
in respect of the lands for the period of three years;
and
(ii) if a mining tenement in respect of the lands is held by the person,
that tenement is cancelled.
* * * * * * * * * *
Note: Asterisks indicate repeal or deletion of text. For further explanation
see Appendix.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 22 Royalty
22. (1) Royalty paid in respect of minerals recovered from the lands shall
be paid into a separate fund maintained by the Minister of Mines and Energy.
(2) Subject to subsection (3), the royalty shall be applied as follows:
(a) one-third shall be paid to Anangu Pitjantjatjara;
(b) one-third shall be paid to the Minister of Aboriginal Affairs to be
applied towards the health, welfare and advancement of the Aboriginal
inhabitants of the State generally;
and
(c) one-third shall be paid into the General Revenue of the State.
(3) If the income of the fund maintained under subsection (1) exceeds in any
financial year the prescribed limit, the excess shall be paid in full into the
General Revenue of the State.
(4) No moneys shall be paid out of the fund maintained under subsection (1)
unless a regulation is in force prescribing a limit for the purposes of
subsection (3).
(5) In this section-
"royalty" means royalty payable under the Mining Act, 1971- 1978, or the
Petroleum Act, 1940-1978.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 23 Offence in relation
to obtaining permission to carry out mining operations
23. (1) A person who, without the consent of the Minister of Mines and
Energy, gives, offers, or agrees to give a payment or other consideration to
another person (not being a payment or consideration otherwise permitted or
provided for in this Act) in connection with obtaining the permission of
Anangu Pitjantjatjara to carry out mining operations upon the lands shall be
guilty of an offence and liable to a penalty not exceeding two thousand
dollars.
(2) Where a body corporate commits an offence against subsection (1), each
director of the body corporate shall be guilty of an offence and liable to a
penalty not exceeding two thousand dollars unless he proves that he could not,
by the exercise of reasonable diligence, have prevented the commission of the
offence by the body corporate.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 24 Certain payments or
other consideration to Anangu Pitjantjatjara must represent fair
compensation
24. (1) This section applies to payments made, or to be made, or
consideration given, or to be given, to Anangu Pitjantjatjara (not being a
payment of royalty under section 22) in respect of the carrying out or
proposed carrying out of mining operations on the lands.
(2) A payment or consideration to which this section applies must be
reasonably proportioned to the disturbance to the lands, the Pitjantjatjara
people, and their ways-of-life, that has resulted or is likely to result from
the grant of the relevant mining tenement.
(3) A person who makes or gives, or agrees to make or give, a payment or
consideration to which this section applies shall, within fourteen days of the
date of making or giving the payment or consideration, or entering into the
agreement, notify the Minister of Mines and Energy of the amount or value of
the payment or consideration, or of the terms of the agreement.
Penalty: Two thousand dollars.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - DIVISION IV
DIVISION IV-THE MINTABIE PRECIOUS STONES FIELD
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 25 Special provisions
relating to the Mintabie precious stones field
25. (1) A person is not entitled to enter or remain upon the Mintabie
precious stones field unless-
(a) he has permission under this Act to be upon that field;
or
(b) he is a member of a class of persons who are, under subsection (2),
entitled to enter and remain on the field without permission under this Act.
(2) Subject to this section, persons of the following classes are entitled
to enter and remain on the Mintabie precious stones field without permission
under this Act-
(a) persons who hold precious stones prospecting permits;
(b) persons carrying on a lawful business at an established place of
business upon the field;
(c) the lawful or de facto spouse, or parent or child, of a person who is
entitled to be on the field under paragraph (a) or (b);
(d) persons whose purpose in entering, or being on, the field is to transact
lawful business with persons referred to in paragraph (a), (b) or (c), being
business that cannot reasonably be transacted from a place outside the lands.
(3) A person who is entitled under subsection (2) to enter and remain on the
field is entitled, without permission under this Act, to use roads that
provide access to the field for the purpose of entering and leaving the field.
(4) Where a person carries on, or proposes to carry on, a business of a kind
referred to in subsection (2)(b), and the business is not such that a licence,
permit or other authorization is required under the law of the State in
respect of that business, he shall notify the designated officer in writing of
the nature of the business and of the place at which it is being or is to be
carried on.
Penalty: Five hundred dollars.
(5) Subject to subsection (6), a person who proposes to enter the field
under subsection (2)(d) shall, before doing so, give notice, in the prescribed
form, to the designated officer.
Penalty: Five hundred dollars.
(6) A person is not required to give notice under subsection (5) where he
has been invited to the field by a person referred to in subsection (2)(a),
(b) or (c) and that person has given the prescribed notice to the designated
officer.
(7) The designated officer shall maintain a list of notices given under this
section.
(8) The list shall be open for inspection by any member of the public.
(9) In this section-
"the designated officer" means the person to whom the Minister of Mines and
Energy assigns the functions of designated officer under this section.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 26 The Mintabie
Consultative Committee
26. (1) There shall be a committee entitled the "Mintabie Consultative
Committee".
(2) The Committee shall at the request of the Minister of Mines and Energy,
and may of its own motion, tender advice to the Minister of Mines and Energy
on matters related to the administration of the Mintabie precious stones
field.
(3) The Committee shall consist of the following members:
(a) two Pitjantjatjaras nominated by Anangu Pitjantjatjara and appointed by
the Governor;
(b) a member of the Police Force nominated by the Commissioner of Police and
appointed by the Governor;
(c) a person nominated by the Minister of Mines and Energy and appointed by
the Governor;
and
(d) a person nominated by the Mintabie Progress Association and appointed by
the Governor.
(4) The Governor shall appoint one of the members nominated by Anangu
Pitjantjatjara to be chairman of the Committee.
(5) The members of the Committee shall hold office at the pleasure of the
Governor.
(6) The Pitjantjatjara members of the Committee are entitled to be
accompanied at meetings of the Committee by advisers and interpreters.
(7) A member of the Committee may appoint a person to act as his deputy, and
a person so appointed may, in the absence of that member, act in his place at
a meeting of the Committee.
(8) Subject to this section and the regulations, the procedures for
convening meetings of the Committee and transacting its business shall be as
determined by the Committee.
(9) A decision carried by a majority of the votes cast by the members
present at a meeting of the Committee shall be a decision of the Committee.
(10) Each member present at a meeting of the Committee shall have one vote
on any matter arising for decision at that meeting and, in the event of an
equality of votes, the chairman shall have a second, or casting, vote.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 27 Exclusion of certain
persons from the field
27. (1) A court of summary jurisdiction may upon the application of the
Committee or of Anangu Pitjantjatjara, make an order prohibiting a person from
entering or remaining on the Mintabie precious stones field.
(2) An order shall not be made against a person under subsection (1) unless
the person against whom the order is sought-
(a) has, after the commencement of this Act, been convicted of-
(i) an offence involving violence or a breach of the peace;
(ii) an offence of a sexual nature;
(iii) an offence involving the unlawful sale of a motor vehicle;
(iv) larceny;
(v) an offence involving the unlawful sale of liquor;
or
(vi) an offence involving wilful interference with an Aboriginal sacred
site;
or
(b) has acted in a manner prejudicial to-
(i) the welfare of an Aboriginal individual or group;
or
(ii) the welfare of those who are lawfully on the field in pursuance of this
Division.
(3) A person in respect of whom an order is in force under subsection (1)
who enters or remains on the field in contravention of the order shall be
guilty of an offence and liable to a penalty not exceeding ten thousand
dollars or imprisonment for two years.
(4) A court of summary jurisdiction may, upon the application of a person
against whom an order has been made under this section, revoke the order, but
it shall not do so unless it has first allowed the Committee and Anangu
Pitjantjatjara a reasonable opportunity to be heard upon the matter.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 28 Annual licences and
incidental rights for Mintabie residents
28. (1) The defined area shall be deemed to have been leased by Anangu
Pitjantjatjara to the Crown for a term of twenty-one years commencing on the
date of commencement of this Act.
(2) The Minister of Lands may, upon the application of a Mintabie resident,
issue or renew an annual licence entitling him, subject to the terms and
conditions of the licence, to occupy land within the defined area, but no such
licence shall operate after the expiration of the period referred to in
subsection (1).
(3) The annual rental payable under a licence issued under subsection (2)
shall be twenty dollars or such other amount as may be determined by the
Minister of Lands, and in determining any such annual rental he shall have
regard to, and generally follow, the rates of rental fixed by the Crown in
respect of annual licences issued in comparable situations.
(4) Once in each year, the Minister of Lands shall pay to Anangu
Pitjantjatjara all amounts collected during the preceding period of twelve
months by way of annual rental under licences issued in pursuance of this
section.
(5) The Minister of Lands shall not issue a licence under this section to a
person who is, by order of a court, prohibited from entering or remaining on
the Mintabie precious stones field, and, if such an order is made against a
licensee, the Minister shall revoke his licence.
(6) A annual licence issued under this section is not transferable nor may
any of the rights conferred by the licence be assigned.
(7) The Minister of Lands shall, as soon as practicable after issuing a
licence under this section, notify Anangu Pitjantjatjara of-
(a) the name of the licensee;
and
(b) the land to which the licence relates.
(8) A Mintabie resident shall be entitled, without permission under this
Act, to use and maintain the airfield adjacent to the defined area as an
airfield, and to have such access to the lands as is reasonably necessary for
the purpose.
(9) A Mintabie resident shall be entitled, without permission under this
Act:-
(a) to use and maintain the bore and water distribution system by which
water is provided on the Mintabie precious stones field;
and
(b) to drill a further bore or bores (either in addition to or in
substitution for the present bore) on a site to be agreed with Anangu
Pitjantjatjara (which agreement shall not be unreasonably or capriciously
withheld) and to install and maintain such pumps, pipes and other equipment as
may be necessary to connect it to the water distribution system, and to have
such access to the lands as is necessary for those purposes.
(10) In this section-
"the defined area" means section 1291 Out of Hundreds (Everard).
(11) This section shall cease to operate in the event of the Mintabie
precious stones field ceasing to be a precious stones field for the purposes
of the Mining Act, 1971-1978.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 29 Interaction of this
Division and the Mining Act
29. (1) Subject to subsection (2), this Division does not derogate from the
provisions of the Mining Act, 1971-1978.
(2) Notwithstanding the provisions of the Mining Act, 1971- 1978, the
consent of Anangu Pitjantjatjara is not required to the pegging out of a
precious stones claim on the Mintabie precious stones field.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - DIVISION V
DIVISION V-RIGHT OF THE CROWN TO CONTINUE IN OCCUPATION
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 30 Right of the Crown
to continue its occupation of certain land
30. Where before the commencement of this Act the Crown occupied a part of
the lands for purposes connected with the health, education, welfare or
advancement of the Pitjantjatjara people, the Crown may continue to occupy
that part of the lands, for a period of up to fifty years, for the same or
similar purposes and without payment of rent or compensation to Anangu
Pitjantjatjara.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - DIVISION VI
DIVISION VI-CONSTRUCTION OF ROADS BY THE COMMISSIONER
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 31 Consent of Anangu
Pitjantjatjara required for road works
31. (1) The Commissioner of Highways may carry out road works upon the lands
with the consent of Anangu Pitjantjatjara.
(2) The consent of Anangu Pitjantjatjara may be given subject to such
conditions as Anangu Pitjantjatjara thinks fit.
(3) Anangu Pitjantjatjara shall not withhold its consent to the construction
or re-construction of a road referred to in the second schedule, but this
subsection does not prejudice the right of Anangu Pitjantjatjara to negotiate
conditions affecting the location of the road, the road works, or ancillary or
associated works.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 32 Proposals to carry
out road works and arbitration of disputes
32. (1) Where the Commissioner of Highways desires to carry out road works
on the lands, he shall submit to Anangu Pitjantjatjara proposals containing-
(a) a plan describing the land on which the road works are to be carried
out;
(b) a description of all ancillary or associated works that are to be
carried out and of the areas in which those ancillary or associated works are
to be carried out;
(c) a description of the access roads to be used for the purpose of the road
works, or the ancillary or associated works;
(d) a general description of the areas in which gravel or stone is to be
quarried for the purpose of the road works;
and
(e) such other information as Anangu Pitjantjatjara may reasonably require.
(2) If the Commissioner and Anangu Pitjantjatjara are unable to agree on the
proposals, or on some modified form of the proposals, the Commissioner may
submit the differences to arbitration.
(3) The arbitrator shall be the arbitrator appointed in pursuance of section
20.
(4) The arbitrator is empowered to determine any matter in dispute and his
determination shall be binding on the Commissioner and on Anangu
Pitjantjatjara.
(5) No compensation is payable to Anangu Pitjantjatjara in respect of loss
or damage arising from road works where those road works are carried out in
relation to the roads referred to in the second schedule and in accordance
with conditions agreed by Anangu Pitjantjatjara and the Commissioner, or
determined by the arbitrator.
(6) For the purposes of this section, the document entitled "Proposal for
the Establishment of a Road Construction Corridor and the Construction of the
new Stuart Highway" executed by the Commissioner of Highways and the
Pitjantjatjara Council Incorporated, deposited in the General Registry Office
and numbered 2293 of 1980, shall be deemed to constitute proposals agreed upon
by Anangu Pitjantjatjara and the Commissioner.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 33 Road reserves
33. (1) The area comprised within one hundred metres to each side of the
centre line of the roads referred to in the second schedule (the centre line
being ascertained by reference to the road as constructed) constitutes a road
reserve.
(2) The Commissioner of Highways is entitled to unrestricted use of a road
reserve for purposes related to road works.
(3) A member of the public shall be entitled to free and unrestricted access
to any of the roads referred to in the second schedule and to land comprised
in a road reserve.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 34 Consent not required
for maintenance or repair of roads referred to in second schedule
34. The provisions of sections 31 and 32 shall not apply to the maintenance
or repair (being maintenance or repair not involving re-alignment) of a road
referred to in the second schedule provided that materials used in the course
of the maintenance or repair of the road are not taken from any part of the
lands that lies outside the road reserve.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - PART IV
PART IV DISPUTES
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 35 Tribal assessor
35. (1) There shall be a tribal assessor.
(2) The tribal assessor shall be appointed by the Minister of Aboriginal
Affairs with the approval of Anangu Pitjantjatjara.
(3) The terms and conditions upon which the tribal assessor holds office
shall be determined by the Minister after considering the advice of the Public
Service Board.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 36 Disputes
36. (1) Any Pitjantjatjara who is aggrieved by a decision or action of
Anangu Pitjantjatjara, or any of its members, may appeal to the tribal
assessor against that decision or action.
(2) The tribal assessor-
(a) shall hear the appeal at some suitable place upon the lands;
and
(b) shall conduct the hearing as expeditiously as possible and without undue
formality.
(3) The tribal assessor is not bound by the rules of evidence in proceedings
under this section, but may inform himself in such manner as he thinks fit.
(4) In proceedings under this section, the tribal assessor should observe,
and where appropriate give effect to, the customs and traditions of the
Pitjantjatjara people.
(5) The tribal assessor may in proceedings under this section-
(a) give such directions as he considers just or expedient to resolve any
matters in dispute;
or
(b) refer the matter back to Anangu Pitjantjatjara to be further dealt with
in accordance with his directions.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 37 Order compelling compliance
with direction of the tribal assessor
37. (1) If a person refuses or fails to comply with a direction of the
tribal assessor, any party to the proceedings before the assessor may apply to
a local court of full jurisdiction for an order to compel that person to
comply with the direction.
(2) Upon an application under this section, the local court shall, unless
satisfied that the direction of the tribal assessor is unjust or unreasonable,
make an order requiring the person against whom the direction was made to
comply with the direction.
(3) Proceedings under this section shall be heard at some suitable place
upon the lands, and shall be conducted as expeditiously as possible and
without undue formality.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - PART V
PART V MISCELLANEOUS
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 38 Summary offences
38. Proceedings in respect of offences against this Act shall be disposed of
summarily.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 39 Power of court to
order compensation in certain cases
39. Where a person is convicted of an offence against this Act or any other
Act, and it appears to the court by which that person is convicted that Anangu
Pitjantjatjara has suffered damage to its property as a result of the
commission of the offence, the court may order the convicted person to pay
such compensation to Anangu Pitjantjatjara as the court considers just.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 40 Exemption of lands
from land tax
40. No land tax is payable upon the lands.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 41 Financial provision
41. The moneys required for the purposes of this Act shall be paid out of
moneys provided by Parliament for those purposes.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 42 Non-application of
Outback Areas Community Development Trust Act
42. (1) The Outback Areas Community Development Trust Act, 1978, does not
apply to the lands.
(2) Notwithstanding subsection (1), the Outback Areas Community Development
Trust may expend moneys for the benefit of residents of the Mintabie precious
stones field.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 42a Interaction between
this Act and certain other Acts and laws
42a. (1) For the purpose of determining whether a particular part of the
lands is a public place within the meaning of some other Act or law, any
restrictions upon access to the lands or that place arising under this Act
shall be disregarded.
(2) A reference in the Road Traffic Act, 1961, or the Motor Vehicles Act,
1959, to a road extends to any road on the lands.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 42b Depasturing of stock
42b. Any regulations relating to overstocking that apply to holders of
pastoral leases under the Pastoral Act, 1936, apply in respect of the
depasturing of stock upon the lands (other than at the Granite Downs Station)
as if Anangu Pitjantjatjara were the holder of a pastoral lease in respect of
the lands.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 42c Parliamentary
Committee
42c. (1) There will be a Committee to be known as the "Pitjantjatjara Lands
Parliamentary Committee".
(2) The duties of the Committee are-
(a) to take an interest in-
(i) the operation of this Act;
(ii) matters that affect the interests of the traditional owners of the
lands;
and
(iii) the manner in which the lands are being managed, used and controlled;
(b) to consider any other matter referred to the Committee by the Minister;
and
(c) to provide, on or before the thirty-first day of December in each year,
an annual report to Parliament on the work of the Committee during the
preceding financial year.
(3) The Committee will consist of the Minister and four Members of the House
of Assembly appointed by the Minister (of whom two must be appointed from the
group led by the Leader of the Opposition).
(4) The seat of a Member of the Committee becomes vacant if-
(a) the Member dies;
(b) the Member delivers a written notice of resignation to the Minister;
(c) the House of Assembly is dissolved, or a term of that House expires;
(d) the Member is removed from office by resolution of the House of
Assembly.
(5) The Minister will preside at a meeting of the Committee but, if the
Minister is not able to attend a meeting, a Member of the Committee nominated
by the Minister may preside.
(6) Subject to subsection (7), three members constitute a quorum of the
Committee.
(7) When the Committee meets for the consideration of a proposed report to
Parliament, the quorum must consist of at least four members.
(8) All questions to be decided by the Committee will be decided by a
majority of votes of the members present.
(9) The Minister has, in addition to a deliberative vote, a casting vote in
the event of an equality of votes.
(10) The Minister may, after consultation with the Speaker of the House of
Assembly, appoint an officer of the Parliament as secretary to the Committee
and such other officers of the Committee as are required for the performance
of its functions.
(11) This section expires on the fifth anniversary of the formation of the
Committee unless each House of Parliament resolves, within six months before
that fifth anniversary, that the section is to continue in operation.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 42d Petrol
42d. (1) A person shall not be in possession of petrol on the lands for
the purpose of inhalation.
Penalty: $100.
(2) A person shall not sell or supply petrol to another person on the lands
if there are reasonable grounds for suspecting that the other person-
(a) intends to use the petrol for the purpose of inhalation;
or
(b) intends to sell or supply the petrol for the purpose of inhalation.
Penalty: $2,000 or imprisonment for two years.
(3) A member of the police force or a person acting under the authority of a
member of the police force may confiscate and dispose of any petrol that he or
she reasonably suspects is to be used or has been used for the purpose of
inhalation and any container that contains or has contained such petrol.
(4) A person shall not hinder or obstruct the lawful exercise of a power
under subsection (3).
Penalty: $2,000.
(5) The Governor may, by proclamation, fix a date for the expiry of this
section.
(6) A proclamation should not be made under subsection (6) unless the
Governor is satisfied-
(a) that adequate provision prohibiting the inhalation of petrol on the
lands has been made under some other law;
or
(b) that there is no further need for a statutory prohibition against the
inhalation of petrol on the lands.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SECT 43 Regulations
43. (1) The Governor may make regulations-
(a) regulating, restricting or prohibiting the depasturing of stock upon any
specified part of the lands;
(b) regulating, restricting or prohibiting any activity on the lands that
may have adverse environmental consequences;
* * * * * * * * *
*
Note: Asterisks indicate repeal or deletion of text.
For further explanation
see Appendix.
(e) prescribing other matters contemplated by this Act, or necessary or
expedient for the purposes of this Act.
* * * * * * * * * *
Note: Asterisks indicate repeal or deletion of text.
For further explanation
see Appendix.
(2) A regulation shall not be made under subsection (1)(b) except upon the
recommendation of Anangu Pitjantjatjara.
(3) Anangu Pitjantjatjara may make by-laws-
(a) regulating, restricting or prohibiting the consumption, possession, sale
or supply of alcoholic liquor on the lands;
(b) prohibiting the inhalation or consumption of any regulated substance on
the lands and prohibiting the possession, sale or supply of any regulated
substance on the lands for the purpose of inhalation or consumption;
(c) providing for the confiscation, in circumstances in which a
contravention of a by-law under paragraph (a) or (b) is reasonably suspected,
of alcoholic liquor or any regulated substance to which the suspected
contravention relates;
(d) providing for the treatment or rehabilitation (or both) of any person
affected by the misuse of alcoholic liquor or any regulated substance;
(e) prohibiting specified forms of gambling on the lands;
(f) providing for any other matter that is prescribed by the regulations as
a matter in relation to which by-laws may be made.
(4) The operation of a by-law is restricted to the lands.
(5) Where Anangu Pitjantjatjara proposes to make, alter or repeal a by-law,
it must give reasonable notice in writing of the proposal to the Minister.
(6) A by-law made under this section-
(a) must be submitted to the Governor for confirmation;
and
(b) is subject to disallowance by Parliament.
(7) A member of the police force may seize and impound any vehicle
reasonably suspected of having been used in connection with the supply of
alcoholic liquor to any person on the lands in contravention of a by-law.
(8) If a vehicle is seized pursuant to subsection (7), the matter must be
referred at the next available opportunity to a magistrate conducting sittings
of court on the lands.
(9) An order for the forfeiture of the vehicle to the Crown may be made by a
magistrate if the magistrate is satisfied-
(a) that the vehicle has been used in connection with the supply of
alcoholic liquor to a person on the lands in contravention of a by-law;
(b) that any person who so used the vehicle has on at least one previous
occasion been found guilty of the offence of supplying alcoholic liquor to a
person on the lands in contravention of a regulation or by-law under this
Act;
and
(c) that in the circumstances of the case it is appropriate that the vehicle
be confiscated.
(10) A court by which a person is found to have been unlawfully in
possession of alcoholic liquor or a regulated substance for his or her own use
in contravention of the by-laws may, subject to the by-laws, order that person
to undergo treatment or participate in a rehabilitation programme prescribed
by the by-laws.
(11) Subject to subsection (12), a person who contravenes or fails to comply
with a regulation or by-law is liable to a penalty as follows:
(a) if the regulation or by-law specifies a penalty (which must not exceed
$2,000)-the penalty so specified;
or
(b) if no penalty is specified-a fine of $2,000.
(12) A person who contravenes-
(a) a by-law regulating, restricting or prohibiting the sale or supply of
alcoholic liquor on the lands;
or
(b) a by-law prohibiting the sale or supply of a regulated substance on the
lands for the purpose of inhalation or consumption,
is liable to a fine of $2,000 or imprisonment for two years.
(13) In this section-
(a) a reference to a regulated substance is a reference to-
(i) petrol;
or
(ii) any other substance declared by the regulations to be a regulated
substance for the purposes of this Act;
and
(b) a reference to a member of the police force extends to a special
constable authorized by a member of the police force to seize a vehicle under
this section.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SCHEDULE 1
THE FIRST SCHEDULE
(a) The North West Reserve, blocks 915, 948, 950, 953, 964,
1018, 1019, 1031, 1032 and 1217, Out of Hundreds.
(b) Section 462, Out of Hundreds.
(c) Pastoral blocks 1033, 1058, 1060 and 1074 and Section
1280, Out of Hundreds.
(d) Pastoral blocks 863, 900, 907, 908 and 1165, Out of
Hundreds.
(e) Pastoral blocks 1034 and 1202, Out of Hundreds.
(f) Pastoral blocks 1036, 1037, 1038 and 1077, Out of
Hundreds.
(g) The land in respect of which partial surrender No.
4603197 and partial surrender No. 4603198 were registered in
the Register of Crown Leases.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - SCHEDULE 2
THE SECOND SCHEDULE
1. The Stuart Highway.
2. The Oodnadatta to Granite Downs Road.
PITJANTJATJARA LAND RIGHTS ACT, 1981 - APPENDIX
APPENDIX
Legislative History
Long title: amended by 50, 1987, s. 3
Section 3: amended by 50, 1987, s. 3
Section 4:
definition of "Anangu Pitjantjatjaraku" amended by 50, 1987, s. 3
definition of "the constitution" amended by 50, 1987, s. 3
definition of "the Executive Board" amended by 50, 1987, s. 3
definition of "petrol" inserted by 50, 1987, s. 4
Headings preceding section 5: amended by 50, 1987, s. 3
Section 5: amended by 50, 1987, s. 3
Heading preceding section 6: amended by 50, 1987, s. 3
Section 6(1): amended by 50, 1987, s. 3
Section 6(2): amended by 50, 1987, ss. 3, 5
Section 7: amended by 50, 1987, s. 3
Heading preceding section 8: amended by 50, 1987, s. 3
Section 8: amended by 50, 1987, s. 3
Heading preceding section 9: amended by 50, 1987, s. 3
Section 9(1), (2), (4) - (6): amended by 50, 1987, s. 3
Sections 11 - 13: amended by 50, 1987, s. 3
Section 14(1), (3) and (5): amended by 50, 1987, s. 3
Heading preceding section 15: amended by 50, 1987, s. 3
Section 15(1) and (3): amended by 50, 1987, s. 3
Section 17: amended by 50, 1987, s. 3
Section 19(1): amended by 50, 1987, s. 3
Section 19(3): substituted by 50, 1987, s. 6(a)
Section 19(4) and (5): amended by 50, 1987, s. 3
Section 19(5a) - (5c): inserted by 50, 1987, s. 6(b)
Section 19(6), (7) and (9): amended by 50, 1987, s. 3
Section 19(9a): inserted by 50, 1987, s. 6(c)
Section 19(10) and (11): amended by 50, 1987, s. 3
Section 19(12): amended by 50, 1987, s. 3
Section 20(2a): inserted by 50, 1987, s. 7(a)
Section 20(4): amended by 50, 1987, s. 3
Section 20(5): amended by 50, 1987, s. 7(b)
Section 20(6) and (7): amended by 50, 1987, s. 3
Section 20(7a) and (7b): inserted by 50, 1987, s. 7(c)
Section 20(8), (10) and (14): amended by 50, 1987, s. 3
Section 20(14a) and (14b): inserted by 50, 1987, s. 7(d)
Section 20(17), (20) and (21): amended by 50, 1987, s. 3
Section 21(3): amended by 50, 1987, s. 3
Section 21(4): substituted by 50, 1987, s. 8
Section 21(5) and (6): repealed by 50, 1987, s. 8
Section 22(2): amended by 50, 1987, s. 3
Section 23(1): amended by 50, 1987, ss. 3, 9
Section 24(1): amended by 50, 1987, s. 3
Section 24(3): amended by 50, 1987, s. 10
Section 26(3) and (4): amended by 50, 1987, s. 3
Section 27(1) and (4): amended by 50, 1987, s. 3
Section 28(1), (4), (7) and (9): amended by 50, 1987, s. 3
Section 29(2): amended by 50, 1987, s. 3
Section 30: amended by 50, 1987, s. 3
Section 31: amended by 50, 1987, s. 3
Section 32(1), (2), (4) - (6): amended by 50, 1987, s. 3
Section 35(2): amended by 50, 1987, s. 3
Section 36(1) and (5): amended by 50, 1987, s. 3
Section 39: amended by 50, 1987, s. 3
Sections 42a - 42c: inserted by 50, 1987, s. 11
Section 42d: inserted by 50, 1987, s. 11; expire 18 June 1987:
see Gaz. 18 June 1987, p. 1542
Section 43(1): amended by 50, 1987, s. 12(b)
Section 43(1)(c) and (d): repealed by 50, 1987, s. 12(a)
Section 43(1)(f): repealed by 50, 1987, s. 12(b)
Section 43(2): amended by 50, 1987, ss. 3, 12(c)
Section 43(3) - (13): inserted by 50, 1987, s. 12(d)
w e b m a s t e r