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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Maralinga Tjarutja Land Rights (Miscellaneous) Amendment
Bill 2009
A BILL FOR
An Act to amend the Maralinga Tjarutja Land Rights
Act 1984.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Maralinga Tjarutja Land Rights
Act 1984
4 Amendment of section
3—Interpretation
5 Amendment of section 5—Powers and functions of
Maralinga Tjarutja
6 Substitution of section
9
9 Delegations
7 Amendment of heading to Part 3
Division 1A
8 Amendment of section 15B—Establishment of co-management
board
9 Amendment of section 15D—Dissolution or suspension of
co-management board
10 Amendment of section 15E—Staff
11 Insertion
of Part 3 Division 1B
Division 1B—Special provisions related to Maralinga nuclear test
site
15H Interpretation
15I Guidelines
related to Maralinga nuclear test site
15J Immunity
from liability
15K Mining etc prohibited on Maralinga
nuclear test site
15L Review of operation of Division
by Minister
15M Evidence
12 Amendment of
section 17—Rights of traditional owners with respect to
lands
13 Amendment of section 18—Unauthorised entry upon the
lands
14 Insertion of section 18A
18A Residence on the
lands
15 Amendment of section 20—Use of roads to traverse the
lands
16 Substitution of section 20A
20A Application of
Division
17 Amendment of section 30—Road
reserves
18 Insertion of section
43
43 By-laws
19 Amendment of section
44—Regulations
20 Amendment of Schedule 1
21 Substitution of
Schedule 2
Schedule 2—Prescribed roads
22 Insertion of Schedule 5
Schedule 5—Maralinga nuclear test site
Schedule 1—Transitional
provision
1 Maralinga nuclear test site excluded from mining tenements
etc
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Maralinga Tjarutja Land Rights
(Miscellaneous) Amendment Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Maralinga Tjarutja Land Rights
Act 1984
4—Amendment of
section 3—Interpretation
(1) Section 3—after the definition of Aboriginal
person insert:
British Nuclear Test Program has the same meaning as in the
Maralinga nuclear test site handback deed;
(2) Section 3, definition of co-management
board—delete "Unnamed" and substitute:
Mamungari
(3) Section 3—after the definition of leader
insert:
Mamungari Conservation Park means the land described in
Schedule 4, being a conservation park constituted under the National
Parks and Wildlife Act 1972, the inalienable fee simple in which is
vested in Maralinga Tjarutja;
Maralinga nuclear test site means—
(a) that part of the lands comprised of Section 400, Out of Hundreds,
Section 1486, Out of Hundreds and Section 1487, Out of Hundreds (not
including any part of those sections declared by the regulations not to be
included in the ambit of this definition); and
(b) any other part of the lands declared by the regulations to be included
within the ambit of this definition;
Note—
The test site areas are, for ease of reference only, shaded in grey on the
map in Schedule 5.
Maralinga nuclear test site handback deed means the deed of
that name between the State, the Commonwealth and Maralinga Tjarutja, tabled by
or on behalf of the Minister in the House of Assembly on
17 November 2009, as varied from time to time;
(4) Section 3—after the definition of mining tenement
insert:
minor trials has the same meaning as in the Maralinga nuclear
test site handback deed;
(5) Section 3, definition of Unnamed Conservation
Park—delete the definition
5—Amendment of
section 5—Powers and functions of Maralinga Tjarutja
Section 5(2)—after paragraph (i) insert:
(j) the power to make a constitution relating to—
(a) the conduct of meetings of Maralinga Tjarutja; and
(b) the procedures to be followed in resolving disputes; and
(c) any other matter that may be necessary or expedient in relation to the
conduct or administration of the affairs of Maralinga Tjarutja;
(k) the power to take such other steps as may be necessary or expedient
for, or incidental to, the performance of Maralinga Tjarutja's
functions.
Section 9—delete the section and substitute:
9—Delegations
(1) The Council may delegate the exercise of any power or function of
Maralinga Tjarutja under this or any other Act to a specified body or
person.
(2) However, the following functions and powers must not be
delegated:
(a) this power of delegation;
(b) a function under section 5(1);
(c) the power to grant a lease or licence under this Act.
(3) 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 power of the Council to act in any matter;
and
(d) is revocable at will by the Council.
7—Amendment of
heading to Part 3 Division 1A
Heading to Part 3 Division 1A—delete "Unnamed" and
substitute:
Mamungari
8—Amendment of
section 15B—Establishment of co-management board
Section 15B—delete "Unnamed" wherever occurring and substitute in
each case:
Mamungari
9—Amendment of
section 15D—Dissolution or suspension of co-management
board
Section 15D(2)—delete "Unnamed" and substitute:
Mamungari
10—Amendment of
section 15E—Staff
Section 15E(3)(b)—delete "Unnamed" and substitute:
Mamungari
11—Insertion of
Part 3 Division 1B
After Part 3 Division 1A insert:
Division 1B—Special provisions related to Maralinga
nuclear test site
15H—Interpretation
In this Division—
management plan for the Maralinga nuclear test site, means
the management plan annexed to the Maralinga nuclear test site handback deed, as
varied from time to time.
15I—Guidelines related to Maralinga nuclear test
site
(1) Maralinga Tjarutja must, within 6 months after the commencement
of this section, prepare and submit to the Minister for approval guidelines to
be followed in relation to the Maralinga nuclear test site.
(2) Maralinga Tjarutja may, with the approval of the Minister, vary or
substitute the guidelines prepared under this section.
(3) The guidelines may be constituted of the relevant part or parts of the
management plan for the Maralinga nuclear test site (and, if so, a variation or
substitution of the guidelines may only be made in accordance with the relevant
terms of the management plan).
(4) The guidelines must contain the following:
(a) a clear delineation of the site;
(b) an explanation of the nature and extent of any known contamination of
the site;
(c) any other information required by the regulations,
and may contain any other information Maralinga Tjarutja thinks fit in
relation to the site.
(5) Maralinga Tjarutja must, in a manner approved by the Minister after
consultation with Maralinga Tjarutja—
(a) provide an explanation of the guidelines, and of any variation or
substitution of the guidelines, to traditional owners; and
(b) publish the guidelines on the lands.
(6) A person is entitled to inspect (without charge) the
guidelines—
(a) at the places on the lands, and during the times, nominated by
Maralinga Tjarutja and approved by the Minister; and
(b) during ordinary office hours at the principal office of Maralinga
Tjarutja.
(7) A person is entitled, on payment of the fee prescribed by the
regulations, to a copy of the guidelines.
15J—Immunity from liability
(1) This section applies if the Maralinga nuclear test site handback
deed—
(a) ceases to be in force; or
(b) for any other reason fails to provide indemnity for the State or
Maralinga Tjarutja in relation to a particular claim for damages.
(2) No liability attaches to the State in relation to injury, damage or
loss caused by, or related to, the British Nuclear Test Program, or minor
trials, conducted at the Maralinga nuclear test site.
(3) No liability attaches to Maralinga Tjarutja in relation to injury,
damage or loss caused by, or related to, the British Nuclear Test Program, or
minor trials, conducted at the Maralinga nuclear test site.
15K—Mining etc prohibited on Maralinga nuclear test
site
(1) The Mining Act 1971, the Petroleum and Geothermal
Energy Act 2000 and the Opal Mining Act 1995 do not apply
to, or in relation to, the Maralinga nuclear test site.
(2) Despite a provision of this or any other Act or law, the following
activities are prohibited on, or in relation to, the Maralinga nuclear test
site:
(a) prospecting, exploring or mining for minerals (including, to avoid
doubt, petroleum);
(b) quarrying;
(c) any other activity prescribed by the regulations.
(3) A person who contravenes subsection (2) is guilty of an
offence.
Maximum penalty: $120 000.
(4) An offence against this section lies within the criminal jurisdiction
of the ERD Court.
(5) In this section—
ERD Court means the Environment, Resources and Development
Court established under the Environment, Resources and Development Court
Act 1993.
15L—Review of operation of Division by
Minister
(1) The Minister must cause a review of the operation of this Division to
be conducted and a report on the results of the review to be prepared and
submitted to him or her.
(2) The Minister must ensure that, as part of the review, reasonable steps
are taken to seek submissions from—
(a) Maralinga Tjarutja; and
(b) the Minister responsible for the administration of the Mining
Act 1971; and
(c) relevant industry, environment and community organisations.
(3) The review and the report must be completed before the fifth
anniversary of the commencement of this Division.
(4) The Minister must cause a copy of the report to be laid before both
Houses of Parliament within 6 sitting days after receiving the
report.
15M—Evidence
(1) A certificate of the Minister certifying that a document is an
accurate copy of the Maralinga nuclear test site handback deed as in force on a
date specified in the certificate is admissible in evidence in any proceedings
and is evidence—
(a) of the tabling of the Maralinga nuclear test site handback deed in the
House of Assembly; and
(b) of any matter so certified.
(2) Subsection (1) does not affect any other way in which the tabling
or content of the Maralinga nuclear test site handback deed, or the accuracy of
a copy of the Maralinga nuclear test site handback deed, may be
established.
12—Amendment of
section 17—Rights of traditional owners with respect to
lands
(1) Section 17(1)—delete "All" and substitute:
Subject to this Act, all
(2) Section 17(1)—delete "Unnamed" and substitute:
Mamungari
13—Amendment of
section 18—Unauthorised entry upon the lands
(1) Section 18(9) and (10)—delete subsections (9) and (10)
(2) Section 18(11)(d)—delete paragraph (d) and substitute:
(d) a member of the Parliament of the State or the Commonwealth or a
person who is genuinely a candidate for election as a member of the Parliament
of the State or the Commonwealth; or
(da) a person entering the land in accordance with, or to exercise a
function under, the Maralinga nuclear test site handback deed; or
(db) a person assisting a person referred to in any of the preceding
paragraphs; or
(3) Section 18(11)(ga)—delete "Unnamed" and substitute:
Mamungari
(4) Section 18(12)—after "(d)" insert:
, (da), (db)
After section 18 insert:
18A—Residence on the lands
A person who is entitled under section 18(11)(a), (b), (c), (da) or
(db) to enter the lands for the purpose of carrying out, or assisting in
carrying out, official duties or functions is entitled to reside on the lands
where that is necessary or desirable for the purpose of carrying out that duty
or function.
15—Amendment of
section 20—Use of roads to traverse the lands
(1) Section 20(1)—after "Division" insert:
but subject to subsection (1a)
(2) Section 20—after subsection (1) insert:
(1a) Nothing in this section entitles a person to use a road within
Section 400, Out of Hundreds within the Maralinga nuclear test site
(whether or not the road is a continuation of a road that the person is entitled
to use).
16—Substitution of
section 20A
Section 20A—delete the section and substitute:
20A—Application of Division
This Division does not apply to the following:
(a) the Mamungari Conservation Park;
(b) the Maralinga nuclear test site.
Note—
Mining and certain associated activities are prohibited on the Maralinga
nuclear test site—see section 15K.
17—Amendment of
section 30—Road reserves
Section 30(3)—delete "Unnamed" and substitute:
Mamungari
After section 42 insert:
43—By-laws
(1) Maralinga Tjarutja may, with the approval of the Minister, make
by-laws—
(a) regulating, restricting or prohibiting the consumption, inhalation,
possession, sale or supply of regulated substances on the lands;
(b) providing for the confiscation, in circumstances in which a
contravention of a by-law under paragraph (a) is reasonably suspected, of
any 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 any regulated substance;
(d) prohibiting specified forms of gambling on the lands;
(e) providing for any other matter that is prescribed by the regulations
as a matter in relation to which by-laws may be made.
(2) A by-law under this section must not be inconsistent with this or any
other Act, or with the general law of the State.
(3) The operation of a by-law is restricted to the lands.
(4) A by-law made under this section—
(a) must be submitted to the Governor for confirmation; and
(b) is subject to disallowance by Parliament.
(5) A court by which a person is found to have been in possession of a
regulated substance for his or her own use in contravention of the by-laws may,
subject to the by-laws, order that person to undergo treatment or participate in
a rehabilitation programme prescribed by the by-laws.
(6) Subject to subsection (7), a person who contravenes or fails to
comply with a by-law is liable to a penalty as follows:
(a) if the by-law specifies a penalty (which must not exceed
$2 000)—the penalty so specified; or
(b) if no penalty is specified—a maximum fine of
$2 000.
(7) A person who contravenes a by-law regulating, restricting or
prohibiting the sale or supply of a regulated substance is guilty of an
offence.
Maximum penalty: $2 000 or imprisonment for 2 years.
(8) In this section—
petrol includes any volatile liquid containing
hydrocarbons;
regulated substance means petrol, alcoholic liquor and any
other substance declared by regulation to be included within the ambit of this
definition.
19—Amendment of
section 44—Regulations
(1) Section 44(1)—after paragraph (a) insert:
(ab) regulating, restricting or prohibiting entry on, or any activity on,
the Maralinga nuclear test site or a part of that site; and
(2) Section 44—after subsection (1) insert:
(1a) The regulations may—
(a) be of general application or vary in their application according to
prescribed factors;
(b) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or a
specified body of persons.
(3) Section 44(3)—delete "subsection (1)(c)" and
substitute:
subsection (1)(ab) or (c)
Schedule 1—after "Section 50, Out of Hundreds;" insert:
Section 400, Out of Hundreds;
Schedule 2—delete the schedule and substitute:
Schedule 2—Prescribed roads
After Schedule 4 insert:
Schedule 5—Maralinga nuclear test
site
Note—
The following map is provided for ease of reference only.
Schedule
1—Transitional provision
1—Maralinga
nuclear test site excluded from mining tenements etc
(1) If, immediately before the commencement of this clause, a right
existed under a prescribed tenement in respect of any part of the Maralinga
nuclear test site, the right is, by force of this subclause,
extinguished.
(2) If an application for a prescribed tenement in respect of any part of
the Maralinga nuclear test site was made but not determined before the
commencement of this clause, the application is, by force of this subclause,
taken to be modified so that the application does not seek the conferral of any
rights in relation to any part of the Maralinga nuclear test site.
(3) Despite any other Act or law, no compensation is payable in respect of
the operation of this clause.
(4) In this clause—
prescribed tenement means—
(a) a mining tenement or permit under the Mining
Act 1971;
(b) a precious stones tenement or permit under the Opal Mining
Act 1995;
(c) a tenement under the Petroleum and Geothermal Energy
Act 2000.