Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (SA)

South Australia Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 An Act to provide for the vesting of title to certain lands in the people known as Anangu Pitjantjatjara Yankunytjatjara; and for other purposes.

Contents Part 1—Preliminary 1 Short title 4 Interpretation 4A Objects Part 2—Anangu Pitjantjatjara Yankunytjatjara Division 1—Constitution of Anangu Pitjantjatjara Yankunytjatjara as body corporate 5 Constitution of Anangu Pitjantjatjara Yankunytjatjara as body corporate Division 2—Powers and functions of Anangu Pitjantjatjara Yankunytjatjara 6 Powers and functions of Anangu Pitjantjatjara Yankunytjatjara 7 Requirement of consultation Division 3—General meetings of Anangu Pitjantjatjara Yankunytjatjara 8 Annual general meetings and special general meetings Division 4—The Executive Board of Anangu Pitjantjatjara Yankunytjatjara 9 Executive Board of Anangu Pitjantjatjara Yankunytjatjara 9A Offences relating to election of Executive Board 9B Functions and powers of the Executive Board 9C Chairperson and Deputy Chairperson 9D Casual vacancies 9E Remuneration 9F Delegations 10 Procedure of the Executive Board 11 Minister may call meetings 12 Meetings to be open to all Anangu 12A Advisory committees 12B Duty to exercise care and diligence 12C Duty to act honestly 12D Duty with respect to conflict of interest 12E Civil liability for contravention of section 12C or 12D 12F Code of conduct 12G Guidelines 12H Prudential requirements for certain activities 13 Accounts and audit 13A Reports and budget Division 4A—Director of Administration and General Manager 13B Director of Administration 13C Functions of Director of Administration 13D General Manager 13E Functions of General Manager 13F Director of Administration and General Manager subject to direction 13G Termination of appointment of Director of Administration or General Manager by Executive Board 13H Duty to exercise care and diligence 13I Duty to act honestly 13J Duty with respect to conflict of interest 13K Civil liability for contravention of section 13I or 13J 13L Appointment etc by General Manager 13M Director of Administration, General Manager and employees of Anangu Pitjantjatjara Yankunytjatjara not subject to direction by member of Executive Board Division 4B—Limited intervention by Minister 13N Minister may direct Executive Board 13O Minister may suspend Executive Board 13P Use of facilities 13Q Offences Division 5—The approved constitution 14 Constitution Part 3—The lands Division 1—Vesting of the lands in Anangu Pitjantjatjara Yankunytjatjara 15 The Governor may grant certain land, in fee simple, to Anangu Pitjantjatjara Yankunytjatjara 16 Special provisions in relation to the land grant 17 Inalienability of land vested in Anangu Pitjantjatjara Yankunytjatjara in pursuance of this Part Division 2—Entry to the lands 18 Rights of Anangu with respect to lands 19 Unauthorised entry on lands 19A Residence on the lands Division 3—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 Yankunytjatjara must represent fair compensation Division 4—Mintabie precious stones field 25 Interpretation 26 Expiry of Division 27 Interaction of this Division with other Acts 28 Delegation 29 Delegation of power to permit entry to Mintabie precious stones field 29A Inspection of Mintabie Township Lease Agreement 29B Walatina leases not to apply to Mintabie township 29C Entry to Mintabie precious stones field etc 29D Minister may issue etc licence to occupy land in Mintabie township lease area 29E Crown etc not required to keep premises in good repair 29F Offence to reside etc on Mintabie township lease area without licence 29G Review of certain decisions of Minister 29H Exclusion of certain persons from the Mintabie precious stones field Division 5—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 6—Construction of roads by the Commissioner of Highways 31 Consent of Anangu Pitjantjatjara Yankunytjatjara 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 Schedule 2 Part 4—Disputes 35 Minister to appoint panel of conciliators 35A Application for conciliation 36 Conciliation 37 Order compelling compliance with direction of conciliator Part 5—Miscellaneous 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 Protection from personal liability 42D Offences relating to the supply of regulated substances 43 Regulations Schedule 1 Schedule 2 Schedule 3—Rules of election under section 9 Part 1—Preliminary 1 Interpretation Part 2—General rules relating to an election 2 Electorates and elections 3 Returning officer 4 Election timetable 5 Distribution of information 6 Nominations for office of member of the Executive Board 6A Voters roll 6B Eligibility to vote in elections 7 Uncontested elections 8 Voting 9 Counting of votes Part 3—Declaration of results 15 Provisional declarations 16 Recounts 17 Declaration of results and certificate Part 3A—Supplementary elections on failure of election 17A Supplementary elections on failure of election etc Part 4—Disputed Returns 18 Constitution of Court 19 The clerk of the Court 20 Jurisdiction of the Court 21 Procedure upon petition 22 Powers of the Court 23 Illegal practices 24 Effect of decision 25 Participation of Anangu Pitjantjatjara Yankunytjatjara in proceedings 26 Right of appearance 27 Case stated 28 Costs 29 Rules of the Court Part 5—Miscellaneous 30 Amendment of Schedule 31 Costs Legislative history