Maralinga Tjarutja Land Rights Act 1984 (SA)

South Australia Maralinga Tjarutja Land Rights Act 1984 An Act to provide for the vesting of title to certain lands known as the Maralinga lands in the people who are acknowledged as the traditional owners.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Maralinga Tjarutja Division 1—Constitution of Maralinga Tjarutja as body corporate 4 Constitution of Maralinga Tjarutja as body corporate Division 2—Powers and functions of Maralinga Tjarutja 5 Powers and functions of Maralinga Tjarutja Division 3—The Council of Maralinga Tjarutja 6 Constitution of Council 7 Powers etc of Maralinga Tjarutja to be exercised by Council 8 Council to proceed having regard to customs of traditional owners 9 Delegations 10 Evidentiary provision 11 Accounts and audit Division 4—Offices 12 Offices of Maralinga Tjarutja Part 3—The lands Division 1—Vesting of the lands in Maralinga Tjarutja 13 The Governor may grant certain land, in fee simple, to Maralinga Tjarutja 14 Special provisions in relation to the land grant 15 Inalienability of land vested in Maralinga Tjarutja in pursuance of this Part Division 1A—Co-management board for Mamungari Conservation Park 15A Interpretation 15B Establishment of co-management board 15C Corporate nature of co-management board 15D Dissolution or suspension of co-management board 15E Staff 15F Accounts and audit 15G Annual report Division 1B—Special provisions related to Maralinga nuclear test site 15H Interpretation 15I Guidelines related to Maralinga nuclear test site 15J Immunity from liability 15K Mining etc prohibited on Maralinga nuclear test site 15L Review of operation of Division by Minister 15M Evidence Division 2—Sacred sites 16 Register of sacred sites Division 3—Entry to the lands 17 Rights of traditional owners with respect to lands 18 Unauthorised entry upon the lands 18A Residence on the lands 19 Special provisions for the residents of Cook 20 Use of roads to traverse the lands Division 4—Mining operations on the lands 20A Application of Division 21 Mining operations on the lands 22 Application for mining tenements and sacred sites 23 Interaction of the Act and the Mining and Petroleum Acts 24 Royalty 25 Offence in relation to obtaining permission to carry out mining operations 26 Certain payments or other consideration to Maralinga Tjarutja must represent fair compensation Division 5—Right of the Crown to continue in occupation of certain parts of the lands 27 Right of the Crown to continue its occupation of certain land Division 6—Construction of roads by the Commissioner of Highways 28 Consent of Maralinga Tjarutja required for road works 29 Proposals to carry out road works and arbitration of disputes 30 Road reserves 31 Consent not required for maintenance or repair of road described in Schedule 3 32 Interaction between this Act and Highways Act Part 4—Disputes 33 Tribal assessor 34 Disputes 35 Order compelling compliance with direction of the tribal assessor Part 5—Miscellaneous 36 Summary procedure 37 Power of court to order compensation in certain cases 38 Exemption of lands from land tax 39 Financial provision 40 Non-application of Outback Areas Community Development Trust Act 41 Interaction between this Act and certain other Acts 42 Depasturing of stock 43 By-laws 44 Regulations Schedule 1 Schedule 2—Prescribed roads Schedule 3 Schedule 4 Schedule 5—Maralinga nuclear test site Legislative history