ANANGU PITJANTJATJARA YANKUNYTJATJARA LAND RIGHTS ACT 1981 (original) (raw)

ANANGU PITJANTJATJARA YANKUNYTJATJARA LAND RIGHTS ACT 1981 - NOTES

• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Principal Act and amendments

New entries appear in bold.

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Transitional etc provisions associated with Act or amendments

Pitjantjatjara Land Rights (Executive Board) Amendment Act 2004, Sch 1—Transitional provisions

Anangu Pitjantjatjara means the body corporate of that name established under the principal Act;

Executive Board means the Executive Board of Anangu Pitjantjatjara established under the principal Act;

2 Subject to clause 3, and despite a provision of the principal Act, or a relevant provision of the constitution of Anangu Pitjantjatjara, an election conducted in accordance with section 9 of the principal Act (as amended by this Act) at which the members and Chairperson of the Executive Board are elected must be conducted not later than 8 weeks after the date of commencement of this Act.

3 However, if the returning officer for the election determines that it would be impracticable or culturally inappropriate to conduct the election within the period referred to in clause 2, the election may be conducted after the end of that period (but should be held as soon as is practicable and culturally appropriate).

4 Despite a provision of the principal Act, or a relevant provision of the constitution of Anangu Pitjantjatjara, the term of office of a member of the Executive Board elected on 7 November 2002 will be taken to be the period from 7 November 2002 until the election referred to in clause 2 (and the member is, subject to the constitution, eligible for re-election).

5 An act or decision of the Executive Board that would have been valid if done or made after the commencement of clause 4 will be taken to be valid for all purposes.

Pitjantjatjara Land Rights (Miscellaneous) Amendment Act 2005

32—Review of Act by Minister

(1) The Minister responsible for the administration of the Pitjantjatjara Land Rights Act 1981 (the Minister) must cause an independent review of the operation of the amendments effected by this Act to be conducted and a report on the results of the review to be submitted to him or her.

(2) The review must be conducted by a panel of 3 persons of whom—

(a) 1 must be an A

n

angu nominated by the Executive Board of A

n

angu Pitjantjatjara Yankunytjatjara; and

(b) 2 must be persons selected by the Minister with the agreement of the Executive Board of A

n

angu Pitjantjatjara Yankunytjatjara.

(3) The Minister must ensure that, as part of the review, reasonable steps are taken to seek submissions from A

n

angu Pitjantjatjara Yankunytjatjara,the Executive Board of A

n

angu Pitjantjatjara Yankunytjatjara and the Aboriginal Lands Parliamentary Standing Committee.

(4) The review and the report must be completed before the third anniversary of the commencement of section 1.

(5) 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.

Pitjantjatjara Land Rights (Miscellaneous) Amendment Act 2005, Sch 1—Transitional provisions

Anangu Pitjantjatjara Yankunytjatjara Land Rights (Mintabie) Amendment Act 2009, Sch 1

Part 2—Variation of Pitjantjatjara Land Rights (Control of Alcoholic Liquor) By-Laws 1987

By-law 1—delete "Pitjantjatjara" and substitute:

Anangu Pitjantjatjara Yankunytjatjara

6—Substitution of by-laws 6 and 7

By-laws 6 and 7—delete by-laws 6 and 7 and substitute:

(a) is acting in accordance with the licence; or

(i) is delivering liquor to the relevant premises by the Mintabie to Stuart Highway Road (commonly known as the "Mintabie Road") for sale or supply in accordance with the licence; and

(ii) has notified a police officer stationed at the Marla police station of the delivery not less than 24 hours before the liquor enters the lands; and

(iii) complies with any reasonable direction in relation to the delivery given by a police officer stationed at the Marla police station.

7—Variation of by-laws 8 and 9

By-laws 8 and 9—delete "Anangu Pitjantjatjara" wherever occurring and substitute in each case:

A

n

angu Pitjantjatjara Yankunytjatjara

By-law 11—delete "Anangu Pitjantjatjara" and substitute:

A

n

angu Pitjantjatjara Yankunytjatjara

Part 3—Variation of Pitjantjatjara Land Rights (Control of Gambling) By-Laws 1987

By-law 1—delete "Pitjantjatjara" and substitute:

Anangu Pitjantjatjara Yankunytjatjara

Part 4—Variation of Pitjantjatjara Land Rights (Control of Petrol) By-Laws 1987

(1) By-laws—delete "Pitjantjatjara Land Rights Act, 1981" (wherever occurring) and substitute in each case:

(2) By-laws—delete "Anangu Pitjantjatjara" wherever occurring and substitute in each case:

A

n

angu Pitjantjatjara Yankunytjatjara

By-law 1—delete "Pitjantjatjara" and substitute:

Anangu Pitjantjatjara Yankunytjatjara

Part 5—Transitional provisions

(1) A person who, immediately before the commencement of section 5 of this Act, was entitled to enter and remain on the Mintabie precious stones fieldunder section 25(2)(c) of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981, is entitled to enter and remain on the precious stones field until the expiry of the precious stones prospecting permit on which the entitlement is based.

(2) Despite section 29D(6) of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (as enacted by this Act), the Minister may issue a licence under subsection (1) of that section to a person who was, in the 6 months immediately preceding the commencement ofsection 5 of this Act, entitled (whether under that Act or otherwise) to occupy land that would, on the commencement of that section, be within theMintabie township lease area.

Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Act 2016, Sch 1—Transitional Provisions

Section 5(4) of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (as in force immediately before the commencement ofsection 6 of this Act) will be taken to continue to apply to a document executed before the commencement of that section.

(a) existing on the commencement of this clause; or

(b) occurring after the commencement of this clause but before the first election of members of the Executive Board under section 9 following the commencement of this clause.

(1) Despite a provision of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (as amended by this Act), the following provisions apply to the first election of members of the Executive Board under section 9 of that Act following the commencement of this clause:

(a) subject to this clause, the electorates for the election will be—

(i) the community groups of Pipalyatjara and Kalka;

(ii) the community groups of Kanypi, Nyapari, Angatja and Watarru;

(iii) the community groups of Amata and Tjurma;

(iv) the community groups of Kaltjiti, Irintata and Watinuma;

(v) the community groups of Pukatja, Yunyarinyi, Anilalya and Turkey Bore;

(vi) the community group of Mimili;

(vii) the community groups of Iwantja, Amuruna, Railway Bore, Witjintitja and Wallatinna;

(c) the closing date for the purposes of clauses 6 and 6A of Schedule 3 of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 in relation to the election will be taken to be the day fixed by the returning officer for the close of the voters roll for the election (being a day falling not less than 1 month prior to the polling day for the election);

(e) the Minister must, for ease of reference, publish maps of theelectorates setting out the community group or groups comprising the electoratefor the election;

(f) section 9(8) of the Anangu Pitjantjatjara YankunytjatjaraLand Rights Act 1981 (as in force immediately before the commencement of this clause) will be taken not to apply in relation to the election;

(g) the election must be held as soon as is reasonably practicable after the commencement of this clause;

(h) the returning officer may make such modifications to the rules set out in Schedule 3 of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (as amended by this Act) as he or she thinks necessary to enable the election to be conducted in an appropriate manner (including, to avoid doubt, by varying a time period specified in that Schedule in relation to an election).

(2) The regulations may make further provisions of a savings or transitional nature in relation to the operation of this clause.

Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21

76—Savings and transitional regulations

Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to 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.

| Reprint No 1—15.11.1991 | | | ----------------------- | | | 16.8.2004 | | | 27.10.2005 | | | 4.9.2006 | | | 29.9.2006 | | | 1.6.2007 | | | 1.2.2010 | | | 1.7.2012 | | | 17.6.2013 | | | 11.12.2014 | | | 1.1.2017 | | | 1.7.2017 | | | 1.1.2021 | |