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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Aboriginal Lands Trust
Bill 2013
A BILL FOR
An Act to continue the Aboriginal Lands Trust; to enable the Trust to
acquire, hold and deal with land for the continuing benefit of Aboriginal South
Australians; to repeal the Aboriginal
Lands Trust Act 1966; to make related amendments to other Acts; and
for other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Interpretation
4Interaction
between this Act and certain other Acts and laws
5Objects
6Principles
7Power of
delegation
8Consultation
Part 2—The
Aboriginal Lands Trust
Division 1—The
Trust
9Continuation of
Trust
10Expressions of
interest
11Selection panel
12Composition of
Trust
13Presiding member and deputy presiding
member
14Conditions of membership
15Allowances
and expenses
16Validity of acts
17Functions of Trust
18Committees
19Power of delegation
20Trust's
procedures
21Trust Fund and Trust
monies
22Accounts and audit
23Annual report
24Minister may require
Trust to provide report
Division 2—Chief Executive and other
staff
25Chief Executive
26Functions of
Chief Executive
27Staff of Trust
28Use of
facilities
Division 3—Direction and suspension
of Trust
29Minister may direct
Trust to take certain action etc
30Minister may suspend
Trust in certain circumstances
31Use of facilities
32Offence
Part 3—Commercial Development
Advisory Committee
33Commercial Development
Advisory Committee
34Presiding member
35Conditions of
membership
36Allowances and expenses
37Validity of
acts
38Functions of Commercial Development Advisory
Committee
39Procedures of Commercial Development Advisory
Committee
40Use of facilities
Division 1—Acquiring Trust
Land
41Transfer of certain land to
Trust
42Register of Trust
Land
Division 2—Dealing
with Trust Land
43Inalienability of Trust Land
44Dealing with Trust
Land
Division 3—Trust may appoint person
to manage Trust Land
45Trust may appoint
person or body to manage Trust Land
46Manager may direct lessee
47Offences
Part 5—Commercial and other
activities of Trust
48Trust may enter into commercial transactions
etc as it thinks fit
Part 6—Regulation of liquor and other
substances on Trust Land
49Regulations may prohibit
consumption etc of regulated substances on Trust Land
50Application of the Public
Intoxication Act 1984 to certain Trust Land
Part 7—Mining
operations etc on Trust Land
51Interpretation
52Interaction between this Act
and mining Acts
53Permission required to
carrying out mining operations etc on Trust Land
54Arbitration
55Royalty
56Certain payments or other
consideration to Trust must represent fair compensation
Part 8—Delivery of services under
Local Government Act 1999 and Outback Communities (Administration
and Management) Act 2009
57Trust to liaise with councils
etc
Part 9—Dispute
resolution
58Conciliator
59Dispute
resolution by conciliator
60Order compelling compliance with direction of
conciliator
Part 10—Miscellaneous
61Exemption
from stamp duty
62Liability of directors
63General
defence
64Confidentiality
65Service
66Evidentiary
provision
67Review of Trust Land
68Regulations
Schedule 1—Related amendments,
repeals and transitional provisions
Part 1—Preliminary
1Amendment
provisions
Part 2—Amendment of
Aboriginal Heritage Act 1988
2Amendment of section
45—Commencement of prosecutions
Part 3—Amendment of
Aboriginal Lands Parliamentary Standing Committee
Act 2003
3Amendment of section
3—Interpretation
4Amendment of section 6—Functions of
Committee
Part 4—Amendment of
Real Property Act 1886
5Substitution of section
6
6Inconsistency with other
Acts
Part 5—Repeal of
Aboriginal Lands Trust Act 1966
6Repeal of Act
Part 6—Transitional
provisions
7Offices of Trust vacated on commencement of
Act
8Transfer of employment of Trust
staff
9Appointment of managers of Trust Land under
repealed Act to continue
10Continuation of leases and
licences
section 49
section 50
13Transitional
provisions—mining
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Aboriginal Lands Trust
Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act—
Aboriginal Lands Trust or Trust means the
Aboriginal Lands Trust constituted under the repealed Act and continued in
existence under
section 9;
administrator means an administrator appointed under
section 30;
Chief Executive, of the Trust, means the Chief Executive from
time to time appointed under
section 25;
Commercial Development Advisory Committee means the
Commercial Development Advisory Committee established under
section 33;
conciliator means the conciliator for the purposes of this
Act appointed under
section 58;
deal with Trust Land—see
subsection (3);
determination of native title has the same meaning as in the
Native Title Act 1993 of the Commonwealth;
manager of Trust Land means a person or body appointed as the
manager of the relevant Trust Land under
section 45;
native title holder, in respect of particular Trust Land,
means a native title holder in respect of the Trust Land within the meaning of
the Native
Title (South Australia) Act 1994;
Register means the Register kept in accordance with
section 42;
repealed Act means the Aboriginal
Lands Trust Act 1966;
representative body has the same meaning as in the Native
Title Act 1993 of the Commonwealth;
Trust Fund means the fund established for the purposes of
section 21;
Trust Land means—
(a) any land currently owned by the Trust that was Trust Land within the
meaning of the repealed Act (as in force immediately before the commencement of
this section); and
(b) any land transferred to the Trust pursuant to
section 41;
and
(c) any other land owned by the Trust that is declared by the regulations
to be Trust Land,
but does not include land declared by the regulations not to be Trust
Land.
(2) Unless the contrary intention appears, a reference in this Act to
Trust Land will be taken to include a reference to a part of Trust
Land.
(3) For the purposes of
this Act, to deal with Trust Land means—
(a) to transfer or grant the fee simple of the Trust Land; or
(b) to grant a lease over the Trust Land; or
(c) to mortgage the Trust Land; or
(d) to grant a licence in relation to the Trust Land; or
(e) to create other interests in or over the Trust Land of a kind declared
by the regulations to be included in the ambit of this subsection,
in accordance with this Act (and a dealing with Trust Land
has a corresponding meaning).
4—Interaction
between this Act and certain other Acts and laws
(1) If the provisions of this Act are inconsistent with the Real
Property Act 1886, this Act prevails to the extent of the
inconsistency.
(2) For the purpose of determining whether particular Trust Land is a
public place within the meaning of some other Act or law, any restrictions under
this Act in respect of accessing the Trust Land will be disregarded.
(3) For the purposes of the Road
Traffic Act 1961, the Motor
Vehicles Act 1959 or the Australian Road Rules, a reference
in those Acts or Rules to a road will be taken to include a reference to any
road on Trust Land.
The objects of this Act include—
(a) enabling the Trust to acquire, hold and deal with Trust Land in
accordance with this Act for the continuing benefit of Aboriginal South
Australians; and
(b) ensuring that Trust Land is not alienated except in accordance with
this Act; and
(c) establishing mechanisms for the efficient and effective administration
of the Trust; and
(d) providing for the efficient and effective management and development
of Trust Land; and
(e) ensuring Aboriginal people with an interest in particular Trust Land
are consulted, and their views considered, in any decisions relating to that
Trust Land; and
(f) increasing opportunities for economic development on Trust
Land.
The following principles apply in relation to the operation and
administration of this Act:
(a) Aboriginal interests in Trust Land should be accounted for and
reflected in any decision-making relating to the Trust Land;
(b) Aboriginal and other people with an interest in Trust Land are
entitled to be consulted in respect of decisions under the Act that may affect
them;
(c) Aboriginal people with interests in Trust Land are entitled to improve
their economic well-being through the management and development of the Trust
Land in accordance with this Act;
(d) the Trust and Trust Land should, where appropriate, be administered,
managed and developed in a way that strengthens the relationships between
Aboriginal communities and the Trust;
(e) the Trust and Trust Land should be administered, managed and developed
in a way that strengthens Aboriginal communities and enables them to widen their
regional involvement;
(f) Trust Land should be managed and developed in a way that preserves and
protects Aboriginal heritage in accordance with the Aboriginal
Heritage Act 1988 and any other relevant Act or law;
(g) the Trust should be administered in a way that complies with
appropriate standards of good governance, transparency and financial
accountability;
(h) Trust Land should, where appropriate, be administered, managed and
developed in a way that achieves improved environmental outcomes on the Trust
Land, including through the adoption of good natural resources management
practices;
(i) Trust Land should be administered, managed and developed in a way
that, insofar as may be appropriate, optimises the overall value of Trust
Land.
(1) The Minister
may delegate a function or power under this Act (other than a prescribed
function or power) to a specified body or person (including a person for the
time being holding or acting in a specified office or position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the ability of the Minister to act in any
matter; and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A person to
whom a function has been delegated under
subsection (1)
who has a direct or indirect personal or pecuniary interest in any matter in
relation to which the person proposes to perform the functions must disclose the
nature of the interest in writing to the Minister.
Maximum penalty: $20 000.
(5) It is a defence to a charge of an offence against
subsection (4)
for the defendant to prove that he or she was not, at the time of the alleged
offence, aware of his or her interest in the matter.
A requirement under this Act that the Trust consult with a specified person
or body in respect of particular Trust Land in accordance with this section will
be taken to require the Trust to consult, in accordance with any requirements
set out in the regulations, with each of the following persons and
groups:
(a) Aboriginal persons who, in accordance with Aboriginal tradition, have
social, economic and spiritual affiliations with, and responsibilities for, the
Trust Land or any part of it (including, but not limited to, native title
holders in respect of the land);
(b) residents on the Trust Land;
(c) any other person with an interest in the Trust Land,
(however nothing in this section operates to give priority in any matter to
a particular person or group of persons).
Part 2—The
Aboriginal Lands Trust
(1) Subject to this section, the Aboriginal Lands Trust continues
in existence.
Note—
The Trust was constituted under the Aboriginal
Lands Trust Act 1966.
(2) The Trust—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) can sue and be sued in its corporate name; and
(d) subject to this Act, can enter into contracts and arrangements
(including commercial contracts and arrangements); and
(e) is an instrumentality of the Crown; and
(f) has the functions and powers assigned or conferred by or under this or
any other Act.
(3) If a document appears to bear the common seal of the Trust, it will be
presumed, in the absence of proof to the contrary, that the common seal of the
Trust was duly fixed to the document.
(1) The Minister
must, in relation to any appointment to the Trust, call for expressions of
interest under a scheme determined by the Minister for the purposes of this
section.
(2) The Minister must, in relation to the scheme referred to in
subsection (1)—
(a) cause details
of the scheme to be published in the Gazette; and
(b) ensure that
details of the scheme are published on the Internet and kept available for
public inspection without charge during normal office hours at the principal
office of the Trust.
(1) The Minister may from time to time establish a selection panel for the
purposes of recommending persons for appointment to the Trust.
(2) The selection panel will consist of such number of other Aboriginal
persons as the Minister thinks fit, of whom—
(a) 1 must be a person who is a member of a body that represents, or acts
in, the interests of Aboriginal people; and
(b) 1 must be a person who is a public sector employee (within the meaning
of the Public
Sector Act 2009); and
(c) 1 must be a person who is employed in the private sector.
(3) A member of the selection panel will hold office for a term, and on
conditions, determined by the Minister and is, at the expiration of a term of
office, eligible for reappointment.
(4) A member of the selection panel is entitled to fees, allowances and
expenses approved by the Governor.
(5) An act or proceeding of the selection panel is not invalid by reason
only of a vacancy in its membership or a defect in the appointment of a
member.
(6) In recommending a member of the Trust, the selection
panel—
(a) should, as far as is reasonably practicable, endeavour to achieve a
gender balance on the Trust; and
(b) must have regard to the requirements as to knowledge, skills and
experience of members under
section 12(1);
and
(c) must have regard to whether a particular person is a fit and proper
person to be a member of the Trust; and
(d) must have regard to the fact that the Trust, in addition to dealing
with Trust Land, needs to manage Trust Land and, in particular, must be able to
consider the needs of communities living on Trust Land; and
(e) must have regard to any other matter specified by the
Minister.
(7) The selection panel
is (other than in determining whether or not to recommend a particular person
for appointment to the Trust) subject to the direction and control of the
Minister.
(8) Without limiting
subsection (7), if a
person recommended by the selection panel for appointment to the Trust is not
acceptable to the Minister, the Minister may require the selection panel to
recommend another person, or a panel of persons from which the Minister may
select a person for appointment.
(9) Subject to this Act, the selection panel may determine its own
procedures.
(1) The Trust
consists of 8 members appointed by the Governor (being persons nominated by
the Minister on the recommendation of the selection panel), being Aboriginal
persons who collectively have knowledge, skills and experience in the following
areas:
(a) South Australian Aboriginal community life and culture
generally;
(b) residential community life and culture on Trust Land;
(c) the management and conservation of natural resources;
(d) the management of agricultural and pastoral land;
(e) commercial enterprise development;
(f) property management and development;
(g) ecologically sustainable development;
(h) corporate governance and administration.
(2) The Governor may appoint a suitable person to be the deputy of a
member of the Trust.
(3) A deputy may act as a member of the Trust during any period of absence
of the member in relation to whom the deputy has been appointed.
13—Presiding
member and deputy presiding member
The Minister must, after consultation with the Trust, appoint a member (the
presiding member) to preside at meetings of the Trust and another
member (the deputy presiding member) to preside at meetings of the
Trust in the absence of the presiding member.
(1) Subject to this section, a member of the Trust will hold office on
conditions determined by the Governor for a term, not exceeding 3 years,
specified in the instrument of appointment and is, at the expiration of a term
of office, eligible for reappointment.
(2) A member of the
Trust cannot hold office for consecutive terms that exceed 9 years in
total.
(3) The Governor
may remove a member of the Trust from office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for mental or physical incapacity to carry out duties of office
satisfactorily; or
(c) for neglect of duty; or
(d) for dishonourable conduct.
(4) The office of a member of the Trust becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice addressed to the Minister; or
(d) is found guilty of a prescribed offence; or
(e) is removed from office by the Governor under
subsection (3);
or
(f) accepts employment as the Chief Executive of the Trust, or as a member
of the staff of the Trust.
A member of the Trust is entitled to fees, allowances and expenses approved
by the Governor.
An act or proceeding of the Trust is not invalid by reason only of a
vacancy in its membership or a defect in the appointment of a member.
(1) Subject to this Act, the functions of the Trust are—
(a) to acquire, hold and deal with Trust Land in accordance with this Act
for the ongoing benefit of Aboriginal South Australians; and
(b) to manage Trust Land in accordance with this and any other relevant
Act or law; and
(c) to engage in commercial and other activities in accordance with this
Act for the ongoing benefit of Aboriginal South Australians; and
(d) to consult for the purposes of this Act; and
(e) to advise the Minister in relation to matters related to the Trust;
and
(f) to carry out other functions assigned to the Trust under this or any
other Act or by the Minister.
(2) In performing a function under this Act, the Trust must have regard
to, and seek to give effect to, the principles set out in
section 6.
(1) The Trust may establish committees for the purposes of this
Act.
(2) The membership of a committee will be determined by the Trust and may,
but need not, consist of, or include, members of the Trust.
(3) The Trust will determine who will be the presiding member of a
committee.
(4) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined
by the Trust; and
(b) insofar as a procedure is not determined under
paragraph (a)—as
determined by the committee.
(1) The Trust may
delegate a function or power under this Act (other than a prescribed function or
power)—
(a) to a member of the Trust, the Chief Executive or an employee of the
Trust; or
(b) to a committee established by the Trust; or
(c) to a specified body or person (including a person for the time being
holding or acting in a specified office or position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the ability of the Trust to act in any matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(4) A person to
whom a function has been delegated under
subsection (1)
who has a direct or indirect personal or pecuniary interest in any matter in
relation to which the person proposes to perform the functions must disclose the
nature of the interest in writing to the Trust.
Maximum penalty: $20 000.
(5) It is a defence to a charge of an offence against
subsection (4)
to prove that the defendant was not, at the time of the alleged offence, aware
of his or her interest in the matter.
(6) In this section—
prescribed function or power means—
(a) a function or power comprising dealing with Trust Land; or
(b) any other function or power prescribed by the regulations for the
purposes of this definition.
(1) Subject to this Act, a quorum of the Trust consists of one half the
total number of its members (ignoring any fraction resulting from the division)
plus 1.
(2) A meeting of the Trust will be chaired by the presiding member or, in
his or her absence, by the deputy presiding member and, in the absence of both
the presiding member and the deputy presiding member, the members present at a
meeting of the Trust must choose 1 of their number to preside at the
meeting.
(3) A decision carried by a majority of the votes cast by members of the
Trust at a meeting is a decision of the Trust.
(4) Each member present at a meeting of the Trust has 1 vote on any
question arising for decision.
(5) A conference by
telephone or other electronic means between the members of the Trust will, for
the purposes of this section, be taken to be a meeting of the Trust at which the
participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Trust for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed
resolution of the Trust becomes a valid decision of the Trust despite the fact
that it is not voted on at a meeting of the Trust if—
(a) notice of the proposed resolution is given to all members of the Trust
in accordance with procedures determined by the Trust; and
(b) a majority of the members express concurrence in the proposed
resolution by letter, telegram, telex, fax, email or other written communication
setting out the terms of the resolution.
(7) The Trust must have accurate minutes kept of its meetings.
(8) Subject to this Act, the Trust may determine its own
procedures.
21—Trust
Fund and Trust monies
(1) All money received by the Trust must be paid into an account at an ADI
maintained by the Trust for the purposes of this Act (the Trust
Fund).
(2) Subject to
subsection (3),
money held by the Trust (including the proceeds of any sale, lease or other
dealing with any Trust Land and the income from any investment of Trust moneys)
may only be used for the following purposes:
(a) to pay any costs associated with the operations of the Trust and the
administration of this Act;
(b) the development and improvement of Trust Land;
(c) the acquisition and development of further lands for the purposes of
this Act;
(d) engaging in commercial and other activities in accordance with this
Act;
(e) any other purpose specified by the regulations for the purposes of
this section.
(a) the Treasurer pays to the Trust an amount under
section 55;
or
(b) payments of a kind contemplated by
section 56 are
paid to the Trust,
then the Trust must apply—
(c) in the case of an amount paid under
section 55—one
half of the amount paid; and
(d) in the case of payments of a kind contemplated by
section 56—a
reasonably proportionate amount of the payments,
towards improving the Trust Land to which the payment relates, or for the
direct benefit of any community living on the Trust Land.
(1) The Trust must keep proper accounting records in relation to its
financial affairs, and must have annual statements of accounts prepared in
respect of each financial year.
(2) The accounts must be audited at least once in every year by the
Auditor-General.
(1) The Trust must, on or before 30 November in each year, deliver to
the Minister a report on the administration of this Act and the activities of
the Trust during the financial year ending on the preceding
30 June.
(2) The report must—
(a) include the information prescribed by the regulations in relation to
the relevant financial year; and
(b) incorporate the audited accounts of the Trust for the relevant
financial year.
(3) The Minister must, within 12 sitting days after receiving a
report under this section, have copies of the report laid before both Houses of
Parliament.
24—Minister
may require Trust to provide report
(1) The Minister may, by notice in writing, require the Trust to prepare
and submit to the Minister a report in relation to the exercise, or proposed
exercise, of a function or power of the Trust under this Act.
(2) A report—
(a) may relate to a specific matter, or the operations of the Trust
generally; and
(b) must be made in a manner and form determined by the Minister;
and
(c) must be prepared and submitted to the Minister on or before the day
specified in the notice.
Division 2—Chief
Executive and other staff
(1) There will be a
Chief Executive of the Trust.
(2) The Chief Executive will be appointed by the Trust on terms and
conditions determined by the Trust.
(3) Despite a provision of the Equal
Opportunity Act 1984 or any other Act or law, the
Trust—
(a) may require that an applicant for the position of Chief Executive be
an Aboriginal person; or
(b) may give preference to an applicant for the position of Chief
Executive on the grounds that they are an Aboriginal person.
26—Functions
of Chief Executive
The functions of the Chief Executive—
(a) to implement the resolutions of the Trust in an efficient manner;
and
(b) to ensure that records required under this or another Act are properly
kept and maintained; and
(c) to discharge any duties under this or any other Act relating to
financial and annual reports; and
(d) to exercise, perform or discharge any other powers, functions or
duties conferred on the Chief Executive by the Trust, or by or under this or any
other Act.
The Trust's staff consists of persons employed by the Trust, on terms and
conditions determined by the Trust.
The Trust may, under an arrangement approved by the Minister administering
an administrative unit of the Public Service, make use of the services or staff
of that administrative unit.
Division 3—Direction
and suspension of Trust
29—Minister
may direct Trust to take certain action etc
(1) Subject to
subsection (2), if
the Minister is satisfied that—
(i) the Trust—
(A) has refused or failed to exercise, perform or discharge a power,
function or duty under this Act, or may do so; or
(B) has failed to give effect to the objects and principles of this Act
(whether generally or in relation to a particular matter), or may do so;
and
(ii) the refusal or failure has resulted in, or may result in, a detriment
to Aboriginal South Australians generally, or to a substantial section of
Aboriginal South Australians; or
(b) the Trust has
acted, or intends to act, outside of the powers conferred by this Act (whether
generally or in relation to a particular matter); or
(c) the Trust is at
risk of becoming insolvent,
the Minister may direct the Trust to take, or not to take, such action as
the Minister may require to remedy or prevent the matter.
(2) Before giving a
direction under
subsection (1),
the Minister must, by notice in writing—
(a) notify the Trust that he or she is considering directing the Trust
under this section; and
(b) specify a further period within which the Trust may remedy or prevent
the relevant matter (as the case requires); and
(c) advise the Trust that if it does not remedy or prevent the matter (as
the case requires) within the specified period, he or she will direct the Trust
to do so under this section.
(3) If a direction
under
subsection (1)
is not complied with, the Minister (or any other person authorised by the
Minister for the purpose of this subsection) may take any action required by the
direction.
(4) A person must not hinder or obstruct the Minister or another person
taking action under
subsection (3).
Maximum penalty: $5 000.
(5) The reasonable costs and expenses incurred by the Minister in taking
action under this section may be recovered by the Minister as a debt from the
Trust.
(6) The Trust cannot claim compensation from the Crown, the Minister or
any person acting under
subsection (3)
in respect of any action taken under this section.
(7) If the Minister gives a direction under this section—
(a) the Minister must prepare a report on the matter and cause a copy of
the report to be laid before each House of Parliament; and
(b) the Trust must cause details of the direction to be published in its
next annual report.
30—Minister
may suspend Trust in certain circumstances
(1) Subject to
subsection (2),
if the Trust—
(a) refuses or fails to prepare or submit a report to the Minister
required under
section 24;
or
(b) refuses or fails to comply with a direction of the Minister under
section 29,
the Minister may, by notice in the Gazette, suspend the Trust for a period
specified in the notice or until further notice in the Gazette.
(2) Before
suspending the Trust under
subsection (1),
the Minister must, by notice in writing—
(a) notify the Trust that he or she is considering suspending the Trust
under this section; and
(b) specify a further period within which the Trust may comply with the
relevant direction or prepare and submit the relevant report (as the case
requires); and
(c) advise the Trust that if it does not comply with the direction or
prepare and submit the report (as the case requires) within the specified
period, he or she will suspend the Trust.
(3) Despite any
other provision of this Act, if the Trust is suspended the following provisions
apply:
(a) the Minister may, by notice in the Gazette, appoint an administrator,
on terms and conditions determined by the Minister, to administer the affairs of
the Trust in the name of, and on behalf of, the Trust during the period of the
suspension;
(b) the administrator is entitled to remuneration, allowances and expenses
determined by the Minister;
(c) the Minister
may remove a person from the office of administrator for any reason the Minister
thinks fit;
(d) the office of administrator becomes vacant if the
administrator—
(i) dies; or
(ii) completes a term of office; or
(iii) resigns by written notice to the Minister; or
(iv) is removed from office under
paragraph (c);
(e) the Minister may appoint a person to act as the
administrator—
(i) during a vacancy in the office of administrator; or
(ii) when the administrator is absent from, or unable to discharge,
official duties;
(f) the administrator has all the functions and powers of the
Trust;
(g) the Public
Sector (Honesty and Accountability) Act 1995 applies to the
administrator as if the administrator were a senior official and the Minister
administering this Act were the relevant Minister;
(h) any liability incurred by the administrator in the course of the
administration will be paid or satisfied out of the funds of the
Trust;
(i) in any legal proceedings, an apparently genuine document purporting to
bear the common seal of the Trust and the signature of the administrator
attesting the affixation of the seal will be presumed, in the absence of proof
to the contrary, to have been duly executed by the Trust;
(j) the administrator must, in the course of the administration, have
regard to, and seek to give effect to, the objects and principles set out in
sections 5
and
6.
An administrator may, under an arrangement approved by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
A person who—
(a) hinders or obstructs an administrator, or a person assisting an
administrator, in the exercise of powers or functions under this Act;
or
(b) falsely represents, by words or conduct, that he or she is assisting
an administrator in the exercise of powers or functions under this
Act,
is guilty of an offence.
Maximum penalty: $5 000.
Part 3—Commercial
Development Advisory Committee
33—Commercial
Development Advisory Committee
(1) The Minister may establish a committee (the Commercial Development
Advisory Committee) for the purposes of this Act.
(2) The Commercial Development Advisory Committee is to consist
of—
(a) the presiding member of the Trust (ex officio); and
(b) such other number of members as may be appointed by the Minister,
being persons who collectively have, in the opinion of the Minister, extensive
knowledge, skills and experience in the following areas:
(i) commercial enterprise development;
(ii) property management and development;
(iii) corporate governance and administration;
(iv) the management of natural resources;
(v) the management of agricultural and pastoral land.
(3) In appointing members of the Commercial Development Advisory
Committee, the Minister should, as far as is reasonably practicable, endeavour
to achieve a gender balance on the committee.
(4) The Minister may appoint a suitable person to be the deputy of a
member of the Commercial Development Advisory Committee.
(5) A deputy may act as a member of the Commercial Development Advisory
Committee during any period of absence of the member in relation to whom the
deputy has been appointed.
The Minister must appoint a member (the presiding member) to
preside at meetings of the Commercial Development Advisory Committee.
(1) A member of the Commercial Development Advisory Committee will be
appointed on conditions determined by the Governor for a term, not exceeding
3 years, specified in the instrument of appointment and, at the expiration
of a term of appointment, is eligible for reappointment.
(2) A member of the
Commercial Development Advisory Committee cannot hold office for consecutive
terms that exceed 9 years in total.
(3) The Governor
may remove a member of the Commercial Development Advisory Committee from
office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for misconduct; or
(c) for failure or incapacity to carry out official duties
satisfactorily.
(4) The office of a member of the Commercial Development Advisory
Committee becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is removed from office under
subsection (3).
A member of the Commercial Development Advisory Committee is entitled to
remuneration, allowances and expenses determined by the Minister.
An act or proceeding of the Commercial Development Advisory Committee is
not invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
38—Functions
of Commercial Development Advisory Committee
The functions of the Commercial Development Advisory Committee
are—
(a) to advise the Trust in relation to its commercial activities;
and
(b) to advise the Minister on any matter relating to the commercial
activities of the Trust; and
(c) any other functions assigned to the Commercial Development Advisory
Committee by this Act or the Minister.
39—Procedures
of Commercial Development Advisory Committee
(1) A quorum of the Commercial Development Advisory Committee consists of
one half of the total number of its members (ignoring any fraction resulting
from the division) plus 1.
(2) If the presiding member of the Commercial Development Advisory
Committee is absent from a meeting of the Commercial Development Advisory
Committee, a member chosen by the members present at the meeting will
preside.
(3) A decision carried by a majority of the votes cast by the members
present at a meeting of the Commercial Development Advisory Committee is a
decision of the Commercial Development Advisory Committee.
(4) Each member present at a meeting of the Commercial Development
Advisory Committee has 1 vote on any question arising for decision and, if
the votes are equal, the member presiding at the meeting may exercise a casting
vote.
(5) A conference by telephone or other electronic means between the
members of the Commercial Development Advisory Committee will, for the purposes
of this section, be taken to be a meeting of the Commercial Development Advisory
Committee at which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Commercial Development Advisory Committee for the purpose;
and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(6) A proposed resolution of the Commercial Development Advisory Committee
becomes a valid decision of the Commercial Development Advisory Committee
despite the fact that it is not voted on at a meeting of the Commercial
Development Advisory Committee if—
(a) notice of the proposed resolution is given to all members of the
Commercial Development Advisory Committee in accordance with procedures
determined by the Commercial Development Advisory Committee; and
(b) a majority of the members express concurrence in the proposed
resolution by letter, fax, email or other written communication setting out the
terms of the resolution.
(7) The Commercial Development Advisory Committee must have accurate
minutes kept of its meetings.
(8) Subject to this Act, the Commercial Development Advisory Committee may
determine its own procedures.
The Commercial Development Advisory Committee may, under an arrangement
approved by the Minister administering an administrative unit of the Public
Service, make use of the services or staff of that administrative
unit.
Note—
This includes the services or staff of the Trust.
Division 1—Acquiring
Trust Land
41—Transfer
of certain land to Trust
(1) Despite any other Act or law, the following land may, by transfer or
grant of the fee simple made in accordance with a resolution of both Houses of
Parliament, be transferred to the Trust:
(a) unalienated Crown land (within the meaning of the Crown
Land Management Act 2009);
(b) land owned by a Minister.
(2) Sections 24(2), 25 and 26 of the Crown
Land Management Act 2009 do not apply to, or in relation to, a
transfer of land to the Trust under this section.
(3) The Registrar-General must take such steps under the Real
Property Act 1886 as may be necessary to give effect to a transfer
of land under this section.
(1) The Trust must
keep a register of Trust Land (the Register).
(2) The Register must include, in relation to each piece of Trust Land,
the information required by the regulations and may include such other
information as the Trust thinks fit.
(3) The Chief Executive is responsible to the Trust for the form and
maintenance of the Register.
(4) The Chief Executive must correct an entry in the Register that is not,
or has ceased to be, correct.
(5) The Register
must be kept available for inspection by any person during ordinary office hours
at the principal office of the Trust and may be made available to the public by
electronic means.
(6) A person may,
on payment of the prescribed fee, obtain a copy of any part of the
Register.
Division 2—Dealing
with Trust Land
43—Inalienability
of Trust Land
Except as authorised under this Part, Trust Land is inalienable.
(1) Subject to this
section, the Trust—
(a) may dispose of
Trust Land by transfer or grant of the fee simple; or
(b) may deal with
Trust Land in such other manner as it thinks fit.
Note—
Section 3(3) defines
what it means to deal with Trust Land.
(2) The Trust may only dispose of Trust Land under
subsection (1)(a)
if—
(a) the transfer or grant is in accordance with a resolution of both
Houses of Parliament; and
(b) any relevant requirements under the Native Title Act 1993
of the Commonwealth have been satisfied.
(3) Nothing in this section authorises the Trust to transfer or grant the
fee simple in particular Trust Land if the estate in fee simple would, following
the transfer or grant, be subject to native title.
(4) An interest created by the Trust under
subsection (1)(b)
cannot be sublet, transferred, assigned or otherwise dealt with except with the
written permission of the Trust (which must not be unreasonably
withheld).
(5) Before dealing with Trust Land under this section, the Trust must
undertake consultation in respect of the matter in accordance with
section 8.
(6) To avoid doubt, this section applies in the case of a mortgagee or
encumbrancee (within the meaning of the Real
Property Act 1886) exercising a power of sale under the Real
Property Act 1886 or any other Act or law.
(7) A dealing with Trust Land other than as contemplated by this section
is void and of no effect.
(8) A person with whom the Trust is required to consult under
section 8 in respect
of particular Trust Land is entitled to inspect (without charge) any lease or
other document in the possession of the Trust relating to a dealing with the
Trust Land under this section during ordinary office hours at the principal
office of the Trust.
Division 3—Trust
may appoint person to manage Trust Land
45—Trust
may appoint person or body to manage Trust Land
(1) The Trust may, at the request of a lessee of Trust Land or of its own
motion, appoint a person or body (a manager of Trust Land) to
manage Trust Land that is the subject of a lease granted for the benefit of a
particular Aboriginal community.
(2) An appointment under this section—
(a) must be in writing; and
(b) will be on the terms and conditions determined by the Trust and
specified in the instrument of appointment; and
(c) must comply with any requirements set out in the regulations for the
purposes of this subsection.
(3) A manager of Trust Land—
(a) has all the powers, functions and duties of the lessee in respect of
the Trust Land and may act in the name of and on behalf of the lessee;
and
(b) has any other power or function conferred by or under this Act or by
the Trust; and
(c) must comply with any requirements set out in the regulations for the
purposes of this subsection; and
(d) is subject to the direction and control of the Trust; and
(e) is entitled to remuneration, allowances and expenses approved by the
Trust; and
(f) must, in the course of managing the Trust Land, endeavour to benefit
the interests of the relevant Aboriginal community at all times.
(4) Subject to this Act and any directions of the Trust, a body appointed
to manage Trust Land may determine its own procedures.
(5) All costs and expenses arising out of the management of Trust Land
pursuant to this section are payable by the Trust but are recoverable by the
Trust as a debt from the lessee of the Trust Land.
(6) A lessee of Trust Land cannot claim compensation from the Trust, a
manager of Trust Land or the Crown in respect of any action taken under this
Division.
(1) A manager of
Trust Land may, by notice in writing, require the lessee or any person who has
been involved in the management of the Trust Land to report to the manager on
such matters relating to the management of the Trust Land as may be specified in
the notice.
(2) A person who fails to comply with a requirement made under this
section is guilty of an offence.
Maximum penalty: $5 000.
A person who—
(a) hinders or obstructs a manager of Trust Land, or a person assisting a
manager of Trust Land, in the exercise of powers or functions under this Act;
or
(b) falsely represents, by words or conduct, that he or she is assisting a
manager of Trust Land in the exercise of powers or functions under this
Act,
is guilty of an offence.
Maximum penalty: $5 000.
Part 5—Commercial
and other activities of Trust
48—Trust
may enter into commercial transactions etc as it thinks fit
(1) Without
limiting
Part 4, but subject
to
subsection (2),
the Trust may enter into such commercial or other transactions as it thinks fit
(including, without limiting the generality of this subsection, acquiring and
disposing of land for commercial or investment purposes).
Note—
Land acquired as contemplated by this section is not generally Trust
Land—see the definition of Trust Land in
section 3.
Trust Land may only be dealt with in accordance with
Part 4.
(2) The Trust may
only enter into a transaction with a value (determined in accordance with the
regulations) exceeding the prescribed amount with the written approval of the
Minister.
Part 6—Regulation
of liquor and other substances on Trust Land
49—Regulations
may prohibit consumption etc of regulated substances on Trust
Land
(1) The Governor
may, on the recommendation of the Trust, make regulations—
(a) regulating,
restricting or prohibiting the consumption, possession, sale or supply of
regulated substances on Trust Land;
(b) providing for the confiscation, in circumstances in which a
contravention of a regulation is reasonably suspected, of a regulated substance
to which the suspected contravention relates;
(c) providing for the treatment or rehabilitation (or both) of any person
affected by the misuse of a regulated substance;
(d) providing for the facilitation of proof of contraventions of the
regulations;
(e) prescribing fines (not exceeding $1 250) for contravention of a
regulation.
(2) Before making a
recommendation for the purposes of this section, the Trust must undertake
consultation in respect of the matter in accordance with
section 8.
(3) A member of the
police force may seize and impound any vehicle reasonably suspected of having
been used in connection with the sale or supply of a regulated substance on
Trust Land in contravention of the regulations.
(4) If a vehicle is seized under
subsection (3),
the matter must be referred at the next available opportunity to a
magistrate.
(5) A magistrate may make an order for the forfeiture of a vehicle seized
under
subsection (3)
if the magistrate is satisfied that—
(a) the vehicle has been used in connection with the sale or supply of a
regulated substance on Trust Land in contravention of the regulations;
and
(b) any person who so used the vehicle has, on at least 1 previous
occasion, been found guilty of the offence of supplying a regulated substance on
Trust Land in contravention of the regulations or the repealed Act;
and
(c) it is, in the circumstances of the case, appropriate that the vehicle
be forfeited.
(6) In this section—
regulated substance means—
(a) alcoholic liquor; or
(b) petrol; or
(c) any other substance declared by the regulations to be a regulated
substance for the purposes of this section.
50—Application
of the Public Intoxication Act 1984 to
certain Trust Land
(1) Subject to this
section, the Public
Intoxication Act 1984 applies to prescribed Trust Land.
(2) For the purposes of
this section, the Public
Intoxication Act 1984 is modified as follows:
(a) a reference to a public place will be taken to be a reference to
prescribed Trust Land;
(b) a reference to an authorised officer will be taken to be a reference
to an authorised officer appointed by the Minister to whom the administration of
the Public
Intoxication Act 1984 is committed on the recommendation of the
Trust;
(c) subject to this
section, but without limiting any other powers he or she may have under the
Public
Intoxication Act 1984, a member of the police force or an
authorised officer may exercise any of the following powers on prescribed Trust
Land:
(i) the power, on
reasonable suspicion that a drug or alcohol is in any premises or vehicle, to
enter and search those premises or that vehicle, using such force as is
necessary for the purpose;
(ii) the power to stop any vehicle for the purpose of carrying out a
search under
subparagraph (i);
(iii) the power to confiscate and dispose of a drug or alcohol.
(3) The appointment of an authorised officer may be conditional or
unconditional (including a condition that limits the prescribed Trust Land in
relation to which the authorised officer can exercise his or her
powers).
(4) The Governor
may, by proclamation made on the recommendation of the Trust—
(a) declare specified
Trust Land to be prescribed Trust Land; or
(b) impose limitations on the exercise of the power referred to in
subsection (2)(c);
or
(c) vary or revoke a proclamation made under this subsection.
(5) The Trust must not recommend the making of a proclamation under
subsection (4)
unless—
(a) a proposal for making the proclamation has been initiated from within
the Aboriginal communities that would be affected by the proclamation;
and
(b) the Trust is satisfied that those communities are in general agreement
that the proclamation should be made.
(6) In this section—
prescribed Trust Land means Trust Land declared to be
prescribed Trust Land under
subsection (4)(a).
Part 7—Mining
operations etc on Trust Land
In this Part—
mining Acts means—
(a) the Mining
Act 1971; and
(b) the Opal
Mining Act 1995; and
(c) the Petroleum
and Geothermal Energy Act 2000; and
(d) any other Act declared by the regulations to be included in the ambit
of this definition;
mining authority means—
(a) a mining tenement under the Mining
Act 1971; or
(b) a precious stones prospecting permit under the Opal
Mining Act 1995; or
(c) a precious stones tenement under the Opal
Mining Act 1995; or
(d) an authority to engage in a regulated activity under the Petroleum
and Geothermal Energy Act 2000; or
(e) any other authority declared by the regulations to be included in the
ambit of this definition;
mining operations has the same meaning as in the Mining
Act 1971 or the Opal
Mining Act 1995 (as the case requires);
regulated activities has the same meaning as in the Petroleum
and Geothermal Energy Act 2000.
52—Interaction
between this Act and mining Acts
(1) A mining authority must not be granted or renewed under a mining Act
in respect of Trust Land except to a person who has permission to carry out
mining operations or regulated activities on the Trust Land under this Part
(however nothing in this section prevents the taking of any step under a mining
Act antecedent to the grant or renewal of a mining authority).
(2) Before a mining authority is granted or renewed under a mining Act in
relation to Trust Land, the Minister to whom the administration of the mining
Act is committed must allow the Trust a reasonable opportunity to make
submissions relating to the conditions subject to which the mining authority
should be granted or renewed.
(3) If a person has permission to carry out mining operations or regulated
activities on Trust Land under this Part, the person and his or her agents,
contractors and employees—
(a) may, subject to any conditions of the permission and to the provisions
of the relevant mining Act, enter the Trust Land for the purpose of carrying out
such mining operations or regulated activities; and
(b) despite a provision of the relevant mining Act, is not required to
serve on the Trust a notice of entry.
(4) In this section—
notice of entry means—
(a) a notice of entry contemplated by section 58A of the Mining
Act 1971; or
(b) a notice of entry contemplated by section 32 of the Opal
Mining Act 1995; or
(c) a notice of entry contemplated by section 61 of the Petroleum
and Geothermal Energy Act 2000,
as the case requires.
53—Permission
required to carrying out mining operations etc on Trust
Land
(1) Despite a
provision of the mining Acts or any other Act or law, a person who, without the
permission of the Trust granted under this Part—
(a) carries out
mining operations or regulated activities on Trust Land; or
(b) enters Trust Land for the purpose of carrying out mining operations or
regulated activities,
is guilty of an offence.
Maximum penalty: $120 000.
(2) An application to the Trust for permission to carry out mining
operations or regulated activities on Trust Land—
(a) must be made in a manner and form determined by the Trust;
and
(b) except in the case of an application for permission to prospect for
minerals pursuant to section 20 of the Mining
Act 1971—
(i) may only be made by a person who has applied for a mining authority in
respect of the Trust Land under the relevant mining Act; and
(ii) must contain, or be accompanied by, all information submitted by the
applicant to the Minister to whom the administration of the relevant mining Act
is committed in support of the application for the mining authority.
(a) must, at the request of the Trust, provide the Trust with such further
information as the Trust may reasonably require to determine the application for
permission; and
(b) must, as soon as practicable after making an application for
permission, notify the Minister to whom the administration of the relevant
mining Act is committed of the application.
(4) Before determining an application for permission, the
Trust—
(a) must undertake consultation in respect of the matter in accordance
with
section 8;
and
(b) must consult with any other person or body specified in the
regulations for the purposes of this subsection; and
(c) must comply with any other requirements set out in the regulations for
the purposes of this paragraph.
(5) Subject to this section, the Trust may—
(a) grant permission to carry out mining operations or regulated
activities on the Trust Land unconditionally; or
(b) grant permission to carry out mining operations or regulated
activities on the Trust Land subject to such conditions as the Trust thinks fit;
or
(c) refuse permission to carry out mining operations or regulated
activities on the Trust Land.
(6) The Trust must, as
soon as is reasonably practicable after determining an application, give notice
in writing of the determination to—
(a) the applicant; and
(b) the Minister to whom the administration of the relevant mining Act is
committed.
(7) The reasonable
costs and expenses incurred by the Trust in dealing with an application for
permission may be recovered from the applicant as a debt.
(8) Any payment made under
subsection (7)
must, if the application is subsequently determined in favour of the applicant
but on condition that compensation be paid to the Trust, be regarded as a
payment made on account of that compensation.
(1) If, in relation
to an application under
section 53—
(a) the Trust refuses permission to carry out mining operations or
regulated activities on Trust Land; or
(b) the Trust grants its permission to carry out mining operations or
regulated activities on Trust Land subject to conditions that are unacceptable
to the applicant; or
(c) the applicant has not, within 4 months after the date of the
application, received notice of a determination under
section 53(6),
the applicant may, in a manner and form determined by the Minister to whom
the administration of the relevant mining Act is committed, request that
Minister to refer the application to an arbitrator.
(2) If the Minister
to whom the administration of the relevant mining Act is committed receives a
request under
subsection (1),
the application must be referred to an arbitrator appointed by that
Minister.
(3) At least 21 days before an arbitrator is appointed under
subsection (2),
the Minister to whom the administration of the relevant mining Act is committed
must—
(a) inform the Trust of whom he or she proposes to appoint; and
(b) consider any submissions of the Trust in relation to the proposed
appointment.
(a) must be—
(i) a judge, or retired judge, of the High Court, the Federal Court of
Australia, or the Supreme Court of a State or Territory of Australia;
or
(ii) a legal practitioner of at least 7 years standing; and
(b) has the powers of a commission of inquiry under the Royal
Commissions Act 1917; and
(c) may refer a question of law for the opinion of the Full Court of the
Supreme Court.
(5) After hearing the evidence and submissions of—
(a) the Trust; and
(b) the applicant; and
(c) the Minister to whom the administration of the relevant mining Act is
committed; and
(d) the Minister to whom the administration of this Act is
committed,
and any other evidence and submissions he or she thinks fit to receive, the
arbitrator may—
(e) affirm, vary or reverse the determination of the Trust in respect of
the application for permission; or
(f) if no determination has been made by the Trust in respect of the
application for permission—determine the application as the arbitrator
thinks fit.
(6) The arbitrator
may, if he or she thinks fit, award against the applicant and in favour of the
Trust an amount that represents, in the arbitrator's opinion, the reasonable
costs and expenses incurred by the Trust in relation to the
arbitration.
(7) An amount awarded under
subsection (6)
may be recovered by the Trust as a debt.
(8) In determining an arbitration under this section, the arbitrator must
have regard to—
(a) the effect of granting the relevant mining authority
on—
(i) Aboriginal persons with an interest in, and any other residents on,
the Trust Land; and
(ii) the activities of the Trust; and
(b) the suitability of the applicant to carry out the proposed mining
operations or regulated activities and capacity, in carrying out those
operations, to minimise disturbance to the Trust Land; and
(c) the preservation of the natural environment; and
(d) the economic and other significance of the operations to the State and
Australia,
and may have regard to any other matter the arbitrator thinks
appropriate.
(9) The arbitrator must hear and determine the arbitration as
expeditiously as possible.
(10) A determination under this section is binding on the Trust, the
applicant and the Crown.
(11) The Arbitration
Act 1891 does not apply to an arbitration under this
section.
(12) The regulations may make further provision in relation to an
arbitration under this section.
(1) Subject to
subsection (2), the
Treasurer must cause the an amount equal to two-thirds of the total royalty paid
under the mining Acts that relates to mining operations or regulated activities
on Trust Land to be paid to the Trust.
Note—
One half of the amount paid under this section (that is, one third
of the total royalty paid) must be spent improving the Trust Land, or for the
benefit of communities living on the Trust Land, where the mining
occurred—see
section 21(3).
(2) If the
total amount to be paid to the Trust under this section exceeds the prescribed
limit in any financial year, the excess is to be paid into the Consolidated
Account.
56—Certain
payments or other consideration to Trust must represent fair
compensation
(1) This section applies to payments made, or to be made, or consideration
given, or to be given, to the Trust (not being a payment of royalty under
section 55) in
respect of the carrying out or proposed carrying out of mining operations or
regulated activities on Trust Land.
(2) A payment or consideration to which this section applies must be
reasonably proportioned to the disturbance to the Trust Land, and the
ways-of-life of Aboriginal persons living on, or with responsibilities for, the
Trust Land, that has resulted or is likely to result from the grant of the
relevant mining authority.
Note—
A reasonably proportionate amount of such payments must be spent on the
Trust Land, or for the benefit of communities living on the Trust Land, to which
the payment relates—see
section 21(3).
(3) A person who makes or gives, or agrees to make or give, a payment or
consideration to which this section applies must, within 14 days of the
date of making or giving the payment or consideration, or entering into the
agreement, notify the Minister to whom the administration of the relevant mining
Act is committed of the amount or value of the payment or consideration, or of
the terms of the agreement.
Maximum penalty: $2 000.
Part 8—Delivery
of services under Local Government
Act 1999 and Outback Communities (Administration and Management)
Act 2009
57—Trust
to liaise with councils etc
(1) Without limiting a provision of the Local
Government Act 1999, the Trust must, in relation to Trust Land that
is located within the area of a council, take reasonable steps to liaise with
the council in respect of the provision of services and facilities under that
Act on, or in relation to, the Trust Land.
(2) Without limiting a provision of the Outback
Communities (Administration and Management) Act 2009, the Trust
must, in relation to Trust Land located in the outback, take reasonable steps to
liaise with the Outback Communities Authority in respect of the provision of
public services and facilities under that Act on, or in relation to, the Trust
Land.
(3) Without limiting this section or any other provision of this Act, the
Trust must ensure that each lease granted over Trust Land contains provisions of
the following kinds:
(a) a provision requiring the lessee of the Trust Land to grant access to
the Trust Land by the relevant council, the Outback Communities Authority or
specified services providers for the purpose of providing services and
facilities;
(b) any other provision required by the regulations for the purposes of
this subsection.
(4) In this section—
area, in relation to a council, and council
have the same meanings as in the
Local
Government Act 1999;
outback and Outback Communities Authority have
the same meanings as in the
Outback
Communities (Administration and Management) Act 2009.
(1) There will be a conciliator for the purposes of this Act.
(2) The conciliator will be appointed by the Minister, after consultation
with the Trust, for a term, and on conditions, determined by the
Minister.
59—Dispute
resolution by conciliator
(1) An Aboriginal person who lives on, has responsibilities for or has an
interest in Trust Land who is aggrieved by a decision of the Trust relating to
the Trust Land may appeal to the conciliator against that decision.
(2) The conciliator may refuse to hear an appeal if the he or she is of
the opinion—
(a) that the appeal lacks substance, is unnecessary or unjustifiable, or
is frivolous, vexatious or not made in good faith; or
(b) that the matter to which the appeal relates should be determined by
way of legal proceedings.
(3) Before hearing an appeal, the conciliator should, so far as is
practicable, endeavour to resolve the dispute by mediation between the
parties.
(4) The conciliator is not bound by the rules of evidence in proceedings
under this section, but may inform himself or herself in such manner as he or
she thinks fit.
(5) In proceedings under this section, the conciliator
must—
(a) give effect to the principles of this Act; and
(b) seek to further the objects of this Act; and
(c) act fairly and consider the need of the Trust to act in the interests
of all Aboriginal South Australians.
(6) The conciliator may, in proceedings under this
section—
(a) give such directions as he or she considers necessary or appropriate
to resolve any matters in dispute; or
(b) refer the matter back to the Trust to be further dealt with in
accordance with his or her directions.
(7) A direction under this section that is inconsistent with this or any
other Act or law is, to the extent of the inconsistency, void and of no
effect.
(8) The regulations may make further provisions in relation to proceedings
under this section.
60—Order
compelling compliance with direction of conciliator
(1) If a person or body refuses or fails to comply with a direction of the
conciliator, any party to the proceedings before the conciliator may apply to
the District Court for an order to compel that person or body to comply with the
direction.
(2) On an application under this section, the District Court must, unless
satisfied that the direction of the conciliator is unjust or unreasonable, make
an order requiring the person or body against whom the direction was made to
comply with the direction.
(3) Proceedings under this section must be conducted as expeditiously as
possible and without undue formality.
No stamp duty is payable in respect of an instrument comprising, or
relating to the conveyance or transfer of, or the creation of any other interest
in or over, Trust Land.
If a body corporate is guilty of an offence against
section 53, each
member of the governing body of the body corporate is guilty of an offence and
liable to the same penalty as is prescribed for the principal offence unless the
member proves that he or she could not by the exercise of due diligence have
prevented the commission of the offence.
(1) Subject to
subsection (2), it
is a defence to a charge of an offence against this Act if the defendant proves
that the alleged offence was not committed intentionally and did not result from
any failure on the part of the defendant to take reasonable care to avoid the
commission of the offence.
(2) This section does
not apply in relation to a person who is charged with an offence under
section 53.
(1) A person
engaged or formerly engaged in the administration of this Act must not divulge
or communicate personal information obtained (whether by that person or
otherwise) in the course of official duties except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) with the consent of the person to whom the information relates;
or
(c) in connection with the administration of this Act; or
(d) to an authority responsible under the law of a place outside this
State, where the information is required for the proper administration of that
law; or
(e) to an agency or instrumentality of this State, the Commonwealth or
another State or a Territory of the Commonwealth for the purposes of the proper
performance of its functions.
Maximum penalty: $10 000.
(2)
Subsection (1)
does not prevent disclosure of statistical or other data that could not
reasonably be expected to lead to the identification of any person to whom it
relates.
(3) Information that has been disclosed under
subsection (1)
for a particular purpose must not be used for any other purpose
by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $10 000.
A notice or document required or authorised by this Act to be given to a
person may be given as follows:
(a) by personal service on the person or an agent of the person;
(b) by leaving it for the person at his or her place of residence or
business with someone apparently over the age of 16 years;
(c) by serving it by post on the person or an agent of the
person;
(d) if the person's whereabouts are unknown—by affixing it in a
prominent position on the land to which it relates, or publishing a copy of it
in a newspaper circulating generally throughout the State;
(e) in a manner prescribed by regulation.
In any proceedings—
(a) a certificate
apparently signed by the Minister, or a delegate of the Minister, that on a
specified date, or during a specified period, specified land was or was not
Trust Land will, in the absence of proof to the contrary, be accepted as proof
of the matter certified; and
(b) a map or plan apparently signed by the Surveyor-General or an officer
of the Surveyor-General will be accepted, in the absence of proof to the
contrary, as an accurate map or plan of the land to which it relates;
and
(c) a certificate of value apparently signed by the Valuer-General or an
officer of the Valuer-General will be accepted, in the absence of proof to the
contrary, as proof of the value of the Trust Land, lease, improvements or other
thing to which it relates as at the date of valuation specified in the
certificate.
(1) The Minister
must cause a review of all Trust Land to be conducted for the purposes
of—
(a) ensuring that all Trust Land is accurately identified and described;
and
(b) identifying and accurately recording any easements or other
encumbrances on Trust Land,
and must cause a report on the results of the review to be submitted to the
Minister.
(2) The review and the report must be completed before the third
anniversary of the commencement of this Act.
(3) The Minister must cause a copy of the report submitted under
subsection (1)
to be laid before both Houses of Parliament within 6 sitting days after
receiving the report.
(1) The Governor
may make such regulations as are contemplated by this Act or as are necessary or
expedient for the purposes of this Act.
(2) Without
limiting
subsection (1),
the regulations may make provisions of a saving or transitional nature
consequent on the enactment of this Act or on the commencement of specified
provisions of this Act or on the making of specified regulations.
(3) The regulations—
(a) may be of general or limited application; and
(b) may make different provision according to the matters or circumstances
to which they are expressed to apply; and
(c) may provide that a matter or thing in respect of which regulations may
be made is to be determined according to the discretion of the Trust, the
Minister or any other specified person or body; and
(d) may apply or incorporate, wholly or partially and with or without
modification, a code, standard, policy or other document prepared or published
by the Minister or another prescribed body.
(4) A provision may, if the regulations so provide, take effect from a day
that is earlier than the day on which the provision is made but, in such a case,
the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the
Crown), the rights of that person existing before the date of publication of the
regulation; or
(b) to impose liabilities on any person (other than the Crown) in respect
of any thing done or omitted to be done before the date of publication of the
regulation.
Schedule 1—Related
amendments, repeals and transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Aboriginal Heritage
Act 1988
2—Amendment
of section 45—Commencement of prosecutions
Section 45(1)(c)—after "1966" insert:
or the Aboriginal
Lands Trust Act 2013
Part 3—Amendment of Aboriginal Lands
Parliamentary Standing Committee Act 2003
3—Amendment
of section 3—Interpretation
Section 3, definition of the lands—after "1966"
insert:
or the Aboriginal
Lands Trust Act 2013
4—Amendment
of section 6—Functions of Committee
Section 6(a)—delete "Aboriginal
Lands Trust Act 1966" and substitute:
Aboriginal
Lands Trust Act 2013
Part 4—Amendment of Real Property
Act 1886
Section 6—delete section 6 and substitute:
6—Inconsistency with other
Acts
Unless the contrary intention is expressly indicated, in the event of an
inconsistency with any other Act in respect of land to which this Act applies,
this Act will prevail to the extent of the inconsistency.
Part 5—Repeal of Aboriginal Lands Trust
Act 1966
The Aboriginal
Lands Trust Act 1966 is repealed.
Part 6—Transitional
provisions
7—Offices
of Trust vacated on commencement of Act
(1) The office of each member of the Trust is vacated on the commencement
of this clause.
(2)
Section 10 does
not apply in relation to the appointment of a person to fill an office vacated
by this clause.
8—Transfer
of employment of Trust staff
(1) A person employed by the employing authority (within the meaning of
the repealed Act) immediately before the commencement of this clause is
transferred to the employment of the Trust.
(2) Except where the
Governor makes a proclamation under
subclause (3) that
provides otherwise, a person's employment is subject to the same terms and
conditions of employment that applied to the person's employment immediately
before the commencement of this clause.
(3) The Governor may,
by proclamation, make further provision in relation to the transfer of a person,
or class of persons, under this clause (and a proclamation under this subclause
will have effect according to its terms).
(4) A transfer of a person under this clause does not constitute a breach
of the person's contract of employment or termination of the person's
employment, or affect the continuity of the person's employment for any
purpose.
9—Appointment
of managers of Trust Land under repealed Act to continue
(1) On the commencement of this clause, a manager or management committee
appointed in respect of particular Trust Land under section 16AA of the
repealed Act will be taken to have been appointed as a manager of that Trust
Land under
section 45.
(2) Subject to this Act, the appointment of a manager of Trust Land by
this clause will be taken to be subject to the same conditions, and will
continue for the remainder of the term, applying immediately before the
commencement of this clause to the person's or body's appointment under
section 16AA of the repealed Act.
10—Continuation
of leases and licences
A lease or licence granted under the Aboriginal
Lands Trust Act 1966 and in force immediately before the
commencement of this clause continues in force in accordance with its terms as
if it were a lease or licence (as the case requires) granted under this
Act.
11—Transitional
provision for purposes of
section 49
A requirement of recommendation or consultation under
section 49 does not
apply in relation to the first regulations made under that section to the extent
that the regulations are substantially the same as the Aboriginal
Lands Trust (Umoona Community) Regulations 2007 or the Aboriginal
Lands Trust (Yalata Reserve) Regulations 2005, in each case as in
force immediately before the commencement of this clause.
12—Transitional
provisions for purposes of
section 50
(1) For the purposes of
section 50, a person
who was, immediately before the commencement of this clause, an authorised
officer pursuant to section 16A(1)(b) of the repealed Act (as in force
immediately before the commencement of this clause) will be taken to be an
authorised officer appointed by the Minister to whom the administration of the
Public
Intoxication Act 1984 is committed on the recommendation of the
Trust (and any conditions or limitations prescribed or otherwise applicable
under that section will continue to apply according to their terms).
(2) Subject to this Act, a proclamation made under section 16A(2) of
the repealed Act continues to have effect according to its terms as if it were a
proclamation made under
section 50.
13—Transitional
provisions—mining
(1) This clause applies to a mining authority granted, or purportedly
granted, under a mining Act and that is in force, or purportedly in force,
immediately before the commencement of this clause.
(2) Despite a provision of
Part 7 of this Act,
a mining authority to which this clause applies—
(a) will, despite a provision of the repealed Act, be taken to have been
validly granted; and
(b) will, subject to the relevant mining Act, be taken to continue in
accordance with its terms until its expiry in accordance with that
Act.
(3)
Section 53 will
be taken not to apply to a person who holds a mining authority to which this
clause applies to the extent that the holder of the mining authority, and his or
her agents, contractors and employees—
(a) carries out any mining operations conducted pursuant to mining
authority in accordance with the relevant mining Act; and
(b) complies with any conditions or limitations that apply to, or in
relation to, the mining authority under the relevant mining Act.
(4) For the purposes of this clause, a renewal (however described) of a
mining authority to which this clause applies will be taken to be a grant of a
new mining authority.
(5) A term or phrase used in this clause that is defined in
Part 7 of the Act
has the same meaning as in that Part.
(6) In this clause—
relevant mining Act, in relation to a particular mining
authority, means the mining Act under which the mining authority was granted or
purportedly granted.