An Act to provide for the vesting of title to certain lands in the Anangu Pitjantjatjara Yankunytjatjara body corporate; and for other purposes.
Relevant provisions
s 6 Powers and functions of A n angu Pitjantjatjara Yankunytjatjara
(1) The functions of A n angu Pitjantjatjara Yankunytjatjara 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; and
(b) to protect the interests of traditional owners in relation to the management, use and control of the lands; and
(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 A n angu Pitjantjatjara Yankunytjatjara.
(2) Subject to this section, A n angu Pitjantjatjara Yankunytjatjara has the following powers:
(a) the power to sue and be sued; and
(b) the power—
(i) to grant a lease or licence, for any period it thinks fit, in respect of any part of the lands to an A n angu or an organisation comprised of A n angu;
(ii) to grant a lease or licence, for a period not exceeding fifty years, in respect of any part of the lands to an agency or instrumentality of the Crown;
(iii) to grant a lease or licence, for a period not exceeding 10 years, in respect of any part of the lands to any other person or body of persons; and
(c) the power to acquire by agreement, hold, deal in, or dispose of, land outside the lands; and
(d) the power to enter into contracts; and
(e) the power to appoint and dismiss staff; and
(f) the power to receive and disburse moneys; and
(g) the power to obtain advice from persons who are expert in matters with which A n angu Pitjantjatjara Yankunytjatjara is concerned; and
(h) the power to establish offices; and
(i) the power to make a constitution relating to—
(i) the conduct of meetings of A n angu Pitjantjatjara Yankunytjatjara; and
(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 A n angu Pitjantjatjara Yankunytjatjara; and
(j) the power to take such other steps as may be necessary or expedient for, or incidental to, the performance of its functions.
(3) A n angu Pitjantjatjara Yankunytjatjara must not grant a lease or licence for a period exceeding 5 years under subsection (2)(b)(i) or (iii) except in accordance with a resolution made at an annual general meeting or a special general meeting held in accordance with this Act.
(4) Subject to this or any other Act, a lease or licence relating to the lands may only be granted by resolution of the Executive Board.
(5) An application for a lease or licence under subsection (2)(b)(ii) must be considered, and a resolution made to determine the application, as soon as is reasonably practicable after the application is received by the Executive Board.
(6) The interest of the lessee or licensee under a lease or licence granted by A n angu Pitjantjatjara Yankunytjatjara—
(a) must not be mortgaged; and
(b) subject to the conditions of the lease or licence, must not be transferred, assigned, sublet, sublicensed or otherwise dealt with without the consent of the Executive Board.
(7) A mortgage, transfer, assignment, sublease, sublicence or other interest created in contravention of this section is void and of no effect.
(8) The Executive Board—
(a) must not unreasonably withhold consent under subsection (6)(b); and
(b) must not require the payment of a fee for giving such consent, or considering an application for such consent, that exceeds the reasonable expenses of A n angu Pitjantjatjara Yankunytjatjara in relation to that act.
s 18 Rights of A n angu with respect to lands
All A n angu have unrestricted rights of access to the lands.
s 20 Mining operations on the lands
(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 A n angu Pitjantjatjara Yankunytjatjara 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; and
(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 A n angu Pitjantjatjara Yankunytjatjara, 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, A n angu Pitjantjatjara Yankunytjatjara may—
(a) grant its permission unconditionally; or
(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) A n angu Pitjantjatjara Yankunytjatjara 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 A n angu Pitjantjatjara Yankunytjatjara 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 A n angu Pitjantjatjara Yankunytjatjara, be regarded as a payment made on account of that compensation.
(8) Where—
(a) A n angu Pitjantjatjara Yankunytjatjara 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 A n angu Pitjantjatjara Yankunytjatjara 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 A n angu Pitjantjatjara Yankunytjatjara of whom he proposes to appoint and he must consider any representations of A n angu Pitjantjatjara Yankunytjatjara 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 refer a question of law for the opinion of the Full Court of the Supreme Court.
(14) After hearing such evidence and submissions as—
(a) A n angu Pitjantjatjara Yankunytjatjara; and
(b) the applicant; and
(c) the Minister of Mines and Energy; and
(d) the Minister,
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 A n angu Pitjantjatjara Yankunytjatjara; or
(f) where no decision has been made by A n angu Pitjantjatjara Yankunytjatjara 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 A n angu Pitjantjatjara Yankunytjatjara an amount that represents, in the arbitrator's opinion, the reasonable costs and expenses incurred by A n angu Pitjantjatjara Yankunytjatjara in relation to the arbitration.
(14b) An amount awarded under subsection (14a) may be recovered by A n angu Pitjantjatjara Yankunytjatjara 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 A n angu ways-of-life, culture and tradition;
(ii) the interests, proposals, opinions and wishes of A n angu in relation to the management, use and control of the lands;
(iii) the growth and development of A n angu social, cultural and economic structures;
(iv) freedom of access by A n angu to the lands and their freedom to carry out on the lands rites, ceremonies and other activities in accordance with A n angu traditions; and
(b) the suitability of the applicant to carry out the proposed mining operations and his capacity, in carrying out those operations, to minimise disturbance to A n angu and the lands; and
(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 A n angu Pitjantjatjara Yankunytjatjara, the applicant and the Crown.
(18) The Arbitration Act 1891 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 A n angu Pitjantjatjara Yankunytjatjara 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 A n angu Pitjantjatjara Yankunytjatjara,
and any such regulation may be made by reference to a plan, photograph or other document so deposited.