{"id":"maralinga-tjarutja-land-rights-act-1984","name":"Maralinga Tjarutja Land Rights Act 1984","slug":"maralinga-tjarutja-land-rights-act-1984","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105904,"registerId":"sa-maralinga-tjarutja-land-rights-act-1984-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Maralinga Tjarutja Land Rights Act 1984","content":"South Australia\nMaralinga Tjarutja Land Rights Act 1984\nAn Act to provide for the vesting of title to certain lands known as the Maralinga lands in the people who are acknowledged as the traditional owners.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Maralinga Tjarutja\nDivision 1—Constitution of Maralinga Tjarutja as body corporate\n4\tConstitution of Maralinga Tjarutja as body corporate\nDivision 2—Powers and functions of Maralinga Tjarutja\n5\tPowers and functions of Maralinga Tjarutja\nDivision 3—The Council of Maralinga Tjarutja\n6\tConstitution of Council\n7\tPowers etc of Maralinga Tjarutja to be exercised by Council\n8\tCouncil to proceed having regard to customs of traditional owners\n9\tDelegations\n10\tEvidentiary provision\n11\tAccounts and audit\nDivision 4—Offices\n12\tOffices of Maralinga Tjarutja\nPart 3—The lands\nDivision 1—Vesting of the lands in Maralinga Tjarutja\n13\tThe Governor may grant certain land, in fee simple, to Maralinga Tjarutja\n14\tSpecial provisions in relation to the land grant\n15\tInalienability of land vested in Maralinga Tjarutja in pursuance of this Part\nDivision 1A—Co-management board for Mamungari Conservation Park\n15A\tInterpretation\n15B\tEstablishment of co-management board\n15C\tCorporate nature of co-management board\n15D\tDissolution or suspension of co-management board\n15E\tStaff\n15F\tAccounts and audit\n15G\tAnnual report\nDivision 1B—Special provisions related to Maralinga nuclear test site\n15H\tInterpretation\n15I\tGuidelines related to Maralinga nuclear test site\n15J\tImmunity from liability\n15K\tMining etc prohibited on Maralinga nuclear test site\n15L\tReview of operation of Division by Minister\n15M\tEvidence\nDivision 2—Sacred sites\n16\tRegister of sacred sites\nDivision 3—Entry to the lands\n17\tRights of traditional owners with respect to lands\n18\tUnauthorised entry upon the lands\n18A\tResidence on the lands\n19\tSpecial provisions for the residents of Cook\n20\tUse of roads to traverse the lands\nDivision 4—Mining operations on the lands\n20A\tApplication of Division\n21\tMining operations on the lands\n22\tApplication for mining tenements and sacred sites\n23\tInteraction of the Act and the Mining and Petroleum Acts\n24\tRoyalty\n25\tOffence in relation to obtaining permission to carry out mining operations\n26\tCertain payments or other consideration to Maralinga Tjarutja must represent fair compensation\nDivision 5—Right of the Crown to continue in occupation of certain parts of the lands\n27\tRight of the Crown to continue its occupation of certain land\nDivision 6—Construction of roads by the Commissioner of Highways\n28\tConsent of Maralinga Tjarutja required for road works\n29\tProposals to carry out road works and arbitration of disputes\n30\tRoad reserves\n31\tConsent not required for maintenance or repair of road described in Schedule 3\n32\tInteraction between this Act and Highways Act\nPart 4—Disputes\n33\tTribal assessor\n34\tDisputes\n35\tOrder compelling compliance with direction of the tribal assessor\nPart 5—Miscellaneous\n36\tSummary procedure\n37\tPower of court to order compensation in certain cases\n38\tExemption of lands from land tax\n39\tFinancial provision\n40\tNon-application of Outback Areas Community Development Trust Act\n41\tInteraction between this Act and certain other Acts\n42\tDepasturing of stock\n43\tBy-laws\n44\tRegulations\nSchedule 1\nSchedule 2—Prescribed roads\nSchedule 3\nSchedule 4\nSchedule 5—Maralinga nuclear test site\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Maralinga Tjarutja Land Rights Act 1984.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nAboriginal person means a person who is a descendant of an indigenous inhabitant of Australia;\nBritish Nuclear Test Program has the same meaning as in the Maralinga nuclear test site handback deed;\nco-management agreement means a co-management agreement under Division 6A of Part 3 of the National Parks and Wildlife Act 1972;\nco-management board means the board established by regulation under Division 1A of Part 3 for the control and management of the Mamungari Conservation Park;\nthe constitution means the constitution of Maralinga Tjarutja for the time being in force under this Act;\nthe Council means the Council of Maralinga Tjarutja constituted under this Act;\nexploratory operations means all operations carried out in the course of—\n\t(a)\tprospecting or exploring for minerals within the meaning of the Mining Act 1971; or\n\t(b)\texploring for petroleum within the meaning of the Petroleum Act 1940,\nand includes operations conducted under a retention lease within the meaning of the Mining Act 1971;\nthe lands means the lands described in Schedule 1 to this Act;\nleader, in relation to the traditional owners, means a person who has been accepted, in accordance with the customs of the traditional owners, as one of their leaders;\nMamungari 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;\nMaralinga nuclear test site means—\n\t(a)\tthat 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\n\t(b)\tany other part of the lands declared by the regulations to be included within the ambit of this definition;\nNote—\nThe test site areas are, for ease of reference only, shaded in grey on the map in Schedule 5.\nMaralinga 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;\nMaralinga Tjarutja means the body corporate constituted under that name by this Act;\nmining operations means operations authorised by or under the Mining Act 1971 or the Petroleum Act 1940;\nmining tenement means a right, permit, claim, lease or licence under the Mining Act 1971 or the Petroleum Act 1940;\nminor trials has the same meaning as in the Maralinga nuclear test site handback deed;\nroad works means the construction, reconstruction or repair of a road, or of related works;\nsacred site means part of the lands that is, in accordance with the customs and traditions of the traditional owners, of fundamental importance to the traditional owners;\ntraditional owner, in relation to the lands, means an Aboriginal person who has, in accordance with Aboriginal tradition, social, economic and spiritual affiliations with, and responsibilities for, the lands or any part of them.\nPart 2—Maralinga Tjarutja\nDivision 1—Constitution of Maralinga Tjarutja as body corporate\n4—Constitution of Maralinga Tjarutja as body corporate\n\t(1)\tThere shall be a body corporate entitled \"Maralinga Tjarutja\".\n\t(2)\tAll traditional owners are members of Maralinga Tjarutja.\n\t(3)\tMaralinga Tjarutja shall have a common seal.\n\t(4)\tIn any legal proceedings, an apparently genuine document purporting to bear the common seal of Maralinga Tjarutja and the signatures of four members of the Council attesting the affixation of the seal shall be presumed, in the absence of proof to the contrary, to have been duly executed by Maralinga Tjarutja.\nDivision 2—Powers and functions of Maralinga Tjarutja\n5—Powers and functions of Maralinga Tjarutja\n\t(1)\tThe functions of Maralinga Tjarutja are as follows:\n\t(a)\tto ascertain the wishes and opinions of traditional owners in relation to the management, use and control of the lands and to seek, where practicable, to give effect to those wishes and opinions; and\n\t(b)\tto protect the interests of traditional owners in relation to the management, use and control of the lands; and\n\t(c)\tto negotiate with persons desiring to use, occupy or gain access to any part of the lands; and\n\t(d)\tto administer land vested in Maralinga Tjarutja.\n\t(2)\tMaralinga Tjarutja has the following powers:\n\t(a)\tthe power to sue and be sued;\n\t(b)\tthe power—\n\t(i)\tto grant a lease or licence, for any period it thinks fit, in respect of any part of the lands (being a part of the lands vested in Maralinga Tjarutja) to a traditional owner or an organisation comprised of traditional owners;\n\t(ii)\tto grant a lease or licence, for a period not exceeding fifty years, in respect of any part of the lands (being a part of the lands vested in Maralinga Tjarutja) to an agency or instrumentality of the Crown;\n\t(iii)\tto grant a lease or licence, for a period not exceeding five years, in respect of any part of the lands (being a part of the lands vested in Maralinga Tjarutja) to any other person or body of persons;\n\t(c)\tthe power to acquire by agreement, hold, deal in, or dispose of, land outside the lands;\n\t(d)\tthe power to enter into contracts;\n\t(e)\tthe power to appoint and dismiss staff;\n\t(f)\tthe power to receive and disburse moneys;\n\t(g)\tthe power to obtain advice from persons who are expert in matters with which Maralinga Tjarutja is concerned;\n\t(h)\tthe power to establish offices;\n\t(i)\tthe power to enter into a co-management agreement in relation to land to be vested in Maralinga Tjarutja;\n\t(j)\tthe power to make a constitution relating to—\n\t(a)\tthe conduct of meetings of Maralinga Tjarutja; and\n\t(b)\tthe procedures to be followed in resolving disputes; and\n\t(c)\tany other matter that may be necessary or expedient in relation to the conduct or administration of the affairs of Maralinga Tjarutja;\n\t(k)\tthe power to take such other steps as may be necessary or expedient for, or incidental to, the performance of Maralinga Tjarutja's functions.\nDivision 3—The Council of Maralinga Tjarutja\n6—Constitution of Council\n\t(1)\tAll persons who are for the time being leaders of the traditional owners are members of the Council.\n\t(2)\tThe Council—\n\t(a)\tshall within thirty days after the commencement of this Act and, thereafter, before the thirty-first day of October in each ensuing year; and\n\t(b)\tmay at any other time,\ngive notice in writing to the Corporate Affairs Commission of those persons who are, at the date of the notice, members of the Council.\n\t(3)\tAn apparently genuine document received by the Corporate Affairs Commission purporting to be notice given under subsection (2) of the persons who are at the date of the notice members of the Council (being the last such document received by the Commission) shall constitute proof, in the absence of proof to the contrary, of the membership of the Council.\n7—Powers etc of Maralinga Tjarutja to be exercised by Council\n\t(1)\tThe powers, functions and affairs of Maralinga Tjarutja shall be exercised and administered by the Council.\n\t(2)\tAn act done or a decision made by the Council in the exercise or administration of the powers, functions or affairs of Maralinga Tjarutja is an act or decision of Maralinga Tjarutja.\n8—Council to proceed having regard to customs of traditional owners\nThe Council shall in making its decisions and conducting its business—\n\t(a)\tconsult with the traditional owners; and\n\t(b)\tact in all other respects,\nin such manner as may be determined by the Council having regard to the customs of the traditional owners.\n9—Delegations\n\t(1)\tThe 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.\n\t(2)\tHowever, the following functions and powers must not be delegated:\n\t(a)\tthis power of delegation;\n\t(b)\ta function under section 5(1);\n\t(c)\tthe power to grant a lease or licence under this Act.\n\t(3)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Council to act in any matter; and\n\t(d)\tis revocable at will by the Council.\n10—Evidentiary provision\nAn apparently genuine document purporting—\n\t(a)\tto be under the common seal of Maralinga Tjarutja; and\n\t(b)\tto be signed by four or more members of the Council; and\n\t(c)\tto certify that a specified act of the Council has been done in conformity with the provisions of this Act,\nshall be conclusive proof that that act is valid and binding upon Maralinga Tjarutja.\n11—Accounts and audit\n\t(1)\tThe Council shall cause proper accounts to be kept of the financial affairs of Maralinga Tjarutja.\n\t(2)\tThe Council—\n\t(a)\tshall, before the thirtieth day of September in each year, cause the accounts of Maralinga Tjarutja for the preceding financial year to be audited by an auditor registered under the Companies (South Australia) Code; and\n\t(b)\tshall, within one month after completion of the audit, lodge copies of the audited accounts with the Corporate Affairs Commission.\nDivision 4—Offices\n12—Offices of Maralinga Tjarutja\n\t(1)\tMaralinga Tjarutja must, by notice in writing served on the Corporate Affairs Commission, specify the addresses of two offices at which legal process, notices and other documents may be served upon Maralinga Tjarutja or the Council.\n\t(2)\tOne office specified by Maralinga Tjarutja under subsection (1) must be situated within thirty kilometres of the General Post Office at Adelaide and the other office must be situated on the lands, or at a place that is reasonably accessible from the lands.\nPart 3—The lands\nDivision 1—Vesting of the lands in Maralinga Tjarutja\n13—The Governor may grant certain land, in fee simple, to Maralinga Tjarutja\nThe Governor may issue a land grant, in fee simple, of the whole or any part of the lands to Maralinga Tjarutja.\n14—Special provisions in relation to the land grant\n\t(1)\tA land grant issued under this Division shall be expressed in the English language and in the Pitjantjatjara language, but the interpretation of the land grant shall be governed by those portions of the land grant that are expressed in the English language.\n\t(2)\tIf, in the opinion of the Surveyor-General, a land grant issued under this Division erroneously or imperfectly defines the land to which it was intended to apply, the Surveyor-General may submit to the Minister of Lands a proposal to amend the land grant for the purpose of correcting the error, or defining the land with greater precision.\n\t(3)\tIf, in the opinion of the Minister of Lands, the proposal of the Surveyor-General should be carried into effect, he may direct the Registrar-General to amend the land grant in accordance with the proposal.\n15—Inalienability of land vested in Maralinga Tjarutja in pursuance of this Part\nSubject to this Act, where land has vested in Maralinga Tjarutja in pursuance of this Part, no estate or interest in the land—\n\t(a)\tmay be alienated from Maralinga Tjarutja; or\n\t(b)\tmay be compulsorily acquired, resumed or forfeited under the law of this State.\nDivision 1A—Co-management board for Mamungari Conservation Park\n15A—Interpretation\nIn this Division—\nMinister means the Minister to whom the administration of the National Parks and Wildlife Act 1972 is committed.\n15B—Establishment of co-management board\n\t(1)\tThe Governor may, by regulation, establish a co-management board for the control and management of the Mamungari Conservation Park subject to the provisions of this Act and the National Parks and Wildlife Act 1972.\n\t(2)\tSubject to this section, regulations establishing the co-management board—\n\t(a)\tmust not be inconsistent with the co-management agreement for the Mamungari Conservation Park; and\n\t(b)\tmust name the board; and\n\t(c)\tmust provide for the appointment, term and conditions of office and removal of the members of the board; and\n\t(d)\tmust provide for the procedures governing the board's proceedings; and\n\t(e)\tmust provide that the board have a majority of members who are members of Maralinga Tjarutja; and\n\t(f)\tmust provide that the board be chaired by a person nominated by Maralinga Tjarutja; and\n\t(g)\tmust provide that the quorum of the board have a majority of members who are members of Maralinga Tjarutja; and\n\t(h)\tmay limit the powers and functions of the board; and\n\t(i)\tmay provide for delegation by the board; and\n\t(j)\tmay provide for the remuneration of members; and\n\t(k)\tmay require reporting by the board to the Minister; and\n\t(l)\tmay make any other provision (not inconsistent with the National Parks and Wildlife Act 1972) relating to the board or the control and management of the Mamungari Conservation Park.\n\t(3)\tIf a regulation establishing the co-management board is disallowed by either House of Parliament, the assets and liabilities of the board will be dealt with in accordance with the directions of the Minister.\n15C—Corporate nature of co-management board\n\t(1)\tThe co-management board—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tcan sue and be sued in its corporate name; and\n\t(d)\thas all the powers of a natural person that are capable of being exercised by a body corporate; and\n\t(e)\thas the functions and powers assigned or conferred by or under this or any other Act.\n\t(2)\tIf a document appears to bear the common seal of the co-management board, it will be presumed, in the absence of proof to the contrary, that the common seal of the co‑management board was duly fixed to the document.\n15D—Dissolution or suspension of co-management board\n\t(1)\tSubject to this section, the Governor may, by regulation, dissolve or suspend the co‑management board.\n\t(2)\tThe co-management board must not be dissolved unless the Mamungari Conservation Park is abolished.\n\t(3)\tThe co-management board must not be suspended unless the Minister is satisfied that such action is warranted due to continuing failure by the board properly to discharge its responsibilities.\n\t(4)\tOn dissolution and during any suspension of the co-management board, any assets and liabilities of the board will be dealt with or disposed of in accordance with the directions of the Minister.\n15E—Staff\n\t(1)\tThe staffing arrangements for the co-management board will be determined or approved by the Minister after consultation with Maralinga Tjarutja.\n\t(2)\tAny staff under subsection (1) will be—\n\t(a)\tPublic Service employees assigned to work with the co-management board; or\n\t(b)\tif appointments have been made under subsection (3)—the persons holding those appointments.\n\t(3)\tThe co-management board may, with the approval of the Minister—\n\t(a)\tappoint persons to the staff of the board; and\n\t(b)\tappoint persons to assist in the management of the Mamungari Conservation Park.\n\t(4)\tThe co-management board may, with the approval of the Minister administering an administrative unit of the Public Service, on terms and conditions mutually arranged, make use of the services of any officer, or use any facilities or equipment, of that unit.\n\t(5)\tA person employed under subsection (3) is not a Public Service employee.\n15F—Accounts and audit\n\t(1)\tThe co-management board must cause proper accounts to be kept of its financial affairs.\n\t(2)\tThe Auditor-General may at any time, and must in respect of each financial year, audit the accounts of the co-management board.\n15G—Annual report\n\t(1)\tThe co-management board must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year.\n\t(2)\tThe report must include—\n\t(a)\tthe audited accounts of the co-management board; and\n\t(b)\tany other information required by or under the regulations.\n\t(3)\tThe Minister must, within 6 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament.\nDivision 1B—Special provisions related to Maralinga nuclear test site\n15H—Interpretation\nIn this Division—\nmanagement 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.\n15I—Guidelines related to Maralinga nuclear test site\n\t(1)\tMaralinga 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.\n\t(2)\tMaralinga Tjarutja may, with the approval of the Minister, vary or substitute the guidelines prepared under this section.\n\t(3)\tThe 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).\n\t(4)\tThe guidelines must contain the following:\n\t(a)\ta clear delineation of the site;\n\t(b)\tan explanation of the nature and extent of any known contamination of the site;\n\t(c)\tany other information required by the regulations,\nand may contain any other information Maralinga Tjarutja thinks fit in relation to the site.\n\t(5)\tMaralinga Tjarutja must, in a manner approved by the Minister after consultation with Maralinga Tjarutja—\n\t(a)\tprovide an explanation of the guidelines, and of any variation or substitution of the guidelines, to traditional owners; and\n\t(b)\tpublish the guidelines on the lands.\n\t(6)\tA person is entitled to inspect (without charge) the guidelines—\n\t(a)\tat the places on the lands, and during the times, nominated by Maralinga Tjarutja and approved by the Minister; and\n\t(b)\tduring ordinary office hours at the principal office of Maralinga Tjarutja.\n\t(7)\tA person is entitled, on payment of the fee prescribed by the regulations, to a copy of the guidelines.\n15J—Immunity from liability\n\t(1)\tThis section applies if the Maralinga nuclear test site handback deed—\n\t(a)\tceases to be in force; or\n\t(b)\tfor any other reason fails to provide indemnity for the State or Maralinga Tjarutja in relation to a particular claim for damages.\n\t(2)\tNo 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.\n\t(3)\tNo 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.\n15K—Mining etc prohibited on Maralinga nuclear test site\n\t(1)\tThe 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.\n\t(2)\tDespite 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:\n\t(a)\tprospecting, exploring or mining for minerals (including, to avoid doubt, petroleum);\n\t(b)\tquarrying;\n\t(c)\tany other activity prescribed by the regulations.\n\t(3)\tA person who contravenes subsection (2) is guilty of an offence.\nMaximum penalty: $120 000.\n\t(4)\tAn offence against this section lies within the criminal jurisdiction of the ERD Court.\n\t(5)\tIn this section—\nERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993.\n15L—Review of operation of Division by Minister\n\t(1)\tThe 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.\n\t(2)\tThe Minister must ensure that, as part of the review, reasonable steps are taken to seek submissions from—\n\t(a)\tMaralinga Tjarutja; and\n\t(b)\tthe Minister responsible for the administration of the Mining Act 1971; and\n\t(c)\trelevant industry, environment and community organisations.\n\t(3)\tThe review and the report must be completed before the fifth anniversary of the commencement of this Division.\n\t(4)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n15M—Evidence\n\t(1)\tA 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—\n\t(a)\tof the tabling of the Maralinga nuclear test site handback deed in the House of Assembly; and\n\t(b)\tof any matter so certified.\n\t(2)\tSubsection (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.\nDivision 2—Sacred sites\n16—Register of sacred sites\n\t(1)\tMaralinga Tjarutja may compile a register of sacred sites recording—\n\t(a)\twhere a site has been identified with particularity—the boundaries of the site; or\n\t(b)\twhere a site is known to exist but has not been identified with particularity—the boundaries of the area within which it is known to exist.\n\t(2)\tA register compiled pursuant to subsection (1) shall be kept by Maralinga Tjarutja in such manner as it considers appropriate to prevent disclosure of its contents without the authority of Maralinga Tjarutja.\nDivision 3—Entry to the lands\n17—Rights of traditional owners with respect to lands\n\t(1)\tSubject to this Act, all traditional owners shall have unrestricted rights of access to the lands.\n\t(2)\tSubsection (1) applies to the Mamungari Conservation Park subject to the provisions of the National Parks and Wildlife Act 1972.\n18—Unauthorised entry upon the lands\n\t(1)\tA person (not being a traditional owner) who enters the lands vested in Maralinga Tjarutja without the permission of Maralinga Tjarutja is guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (2).\n\t(2)\tThe maximum penalty for an offence against subsection (1) is—\n\t(a)\twhere the offence was committed intentionally—a fine of $2 000 plus $500 for each day during which the convicted person remained on the land after the unlawful entry; or\n\t(b)\tin any other case—a fine of $200.\n\t(3)\tAn application for permission to enter the lands—\n\t(a)\tmay be made by an applicant on behalf of himself, or on behalf of a group of persons; and\n\t(b)\tmust—\n\t(i)\tbe in writing and lodged with the Council; and\n\t(ii)\tset out—\n\t(A)\tthe purpose for which entry to the lands is sought; and\n\t(B)\tthe period for which entry to the lands is sought; and\n\t(C)\tthe time and place at which the applicant, or the group upon whose behalf the application is made, seeks to enter the lands.\n\t(4)\tThe applicant shall, at the request of Maralinga Tjarutja, furnish such further information as it may reasonably require to determine the application.\n\t(5)\tUpon an application under this section, Maralinga Tjarutja may, by instrument in writing—\n\t(a)\tgrant permission to enter the lands unconditionally; or\n\t(b)\tgrant permission to enter the lands subject to such conditions as it thinks fit; or\n\t(c)\trefuse permission to enter the lands.\n\t(6)\tWhere a group of persons is permitted to enter the lands, each member of the group is bound by the conditions (if any) subject to which the permission was granted.\n\t(7)\tA person who contravenes or fails to comply with a condition on which he, or a group of which he is a member, was granted permission to enter the lands is guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (8).\n\t(8)\tThe maximum penalty for an offence against subsection (7) is a fine of $2 000 plus $500 for each day (if any) during which the convicted person was on the lands, or a particular part of the lands, in contravention of the condition.\n\t(11)\tThis section does not apply to—\n\t(a)\ta police officer acting in the course of carrying out his official duties; or\n\t(b)\tany other officer appointed pursuant to statute acting in the course of carrying out his official duties; or\n\t(c)\ta person acting upon the written authority of the Minister of Aboriginal Affairs, who enters the lands for the purpose of carrying out functions that have been assigned to a Minister or instrumentality of the Crown or a department of government; or\n\t(d)\ta 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\n\t(da)\ta person entering the land in accordance with, or to exercise a function under, the Maralinga nuclear test site handback deed; or\n\t(db)\ta person assisting a person referred to in any of the preceding paragraphs; or\n\t(e)\tan Aboriginal person who enters the lands at the invitation of a traditional owner; or\n\t(f)\ta person who proves to the satisfaction of the Minister that he or she carried on the business of taking rabbits on a part of the lands before it became subject to the application of this Act; or\n\t(g)\tentry upon the lands in case of emergency; or\n\t(ga)\tentry upon the road reserve described in Schedule 3 and the Mamungari Conservation Park; or\n\t(h)\tentry upon the lands in pursuance of Division 4 or Division 6 of this Part.\n\t(12)\tWhere a person proposes to enter the lands in pursuance of subsection (11)(b), (c), (d), (da), (db) or (e), reasonable notice of the time, place and purpose of the proposed entry must be given to Maralinga Tjarutja.\n\t(13)\tIf Maralinga Tjarutja, by notice in writing to the Minister of Aboriginal Affairs, objects to an authorised person entering or remaining upon the lands, the Minister shall revoke or modify the authorisation in order to give effect to the objection unless he is satisfied that there are sufficient reasons why the authorisation should continue notwithstanding the objection.\n\t(14)\tThe Council may order that a person who has entered the lands under subsection (11)(e) leave the lands and if the person, having been notified of the order, fails to comply with the order, he shall be guilty of an offence and liable to a penalty not exceeding $2 000.\n\t(15)\tThe Minister may, after consultation with Maralinga Tjarutja, impose on a person who may enter the lands under subsection (11)(f) conditions relating to his entry to, and conduct while on, the lands and if such a person, having been notified of a condition imposed under this section, contravenes or fails to comply with that condition, he shall be guilty of an offence and liable to a penalty not exceeding $2 000.\n18A—Residence on the lands\nA 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.\n19—Special provisions for the residents of Cook\n\t(1)\tNotwithstanding the other provisions of this Division, Maralinga Tjarutja shall, in accordance with a procedure determined by the Minister, grant a general permit to the residents of Cook to enter the prescribed area for recreational or sporting purposes.\n\t(2)\tThe first permit to be granted under subsection (1) shall be granted within two months of the commencement of this Act, and subsequent permits shall be granted in each ensuing year in either the month of March or April.\n\t(3)\tA permit granted under subsection (1) shall continue in force until a further permit is granted in accordance with subsection (2).\n\t(4)\tA resident of Cook and any person accompanying him shall, by virtue of a permit granted under subsection (1), be entitled to enter the prescribed area at any time and place subject to the following conditions:\n\t(a)\tthat the prescribed area is not entered for some purpose other than recreational or sporting purposes; and\n\t(b)\tthat alcoholic liquor is not supplied to any traditional owner within the prescribed area; and\n\t(c)\tthat the traditional owners are not disturbed in any use that they may be making of any part of the prescribed area; and\n\t(d)\tsuch other conditions as may be imposed by Maralinga Tjarutja after consultation with the Minister and of which notice has been given, in a manner approved by the Minister, to the residents of Cook.\n\t(5)\tWhere a person contravenes or fails to comply with a condition referred to in subsection (4)—\n\t(a)\the shall be guilty of an offence and liable to a penalty not exceeding $2 000; and\n\t(b)\tin the case of a resident of Cook—his permission to enter the lands by virtue of a permit granted under subsection (1) may be cancelled by Maralinga Tjarutja, by notice in writing, for a period not exceeding one year.\n\t(6)\tA person who ceases to be a resident of Cook shall cease to have permission to enter the lands by virtue of a permit granted under subsection (1).\n\t(7)\tIn this section—\nthe prescribed area means that part of the lands that is within forty kilometres of the post office in the township of Cook;\nresident of Cook means a person whose sole or principal place of residence is within the township of Cook.\n20—Use of roads to traverse the lands\n\t(1)\tNotwithstanding the other provisions of this Division but subject to subsection (1a), a person (other than a traditional owner) shall be entitled to use a prescribed road subject to the following conditions:\n\t(a)\tthat the use of the road is limited to that involved in, or reasonably associated with, traversing the land; and\n\t(b)\tthat the person gives Maralinga Tjarutja reasonable prior notice of the time and place of his entry upon and departure from the lands.\n\t(1a)\tNothing 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).\n\t(2)\tWhere a person contravenes or fails to comply with a condition referred to in subsection (1), he shall be guilty of an offence and liable to a penalty not exceeding $2 000.\n\t(3)\tFor the purposes of this section—\nprescribed road means a road delineated in the map in Schedule 2 including land on either side of the road to a distance of not more than one hundred metres from the centre of that road.\nDivision 4—Mining operations on the lands\n20A—Application of Division\nThis Division does not apply to the following:\n\t(a)\tthe Mamungari Conservation Park;\n\t(b)\tthe Maralinga nuclear test site.\nNote—\nMining and certain associated activities are prohibited on the Maralinga nuclear test site—see section 15K.\n21—Mining operations on the lands\n\t(1)\tNotwithstanding the provisions of any other Act, a person who, without permission under this section—\n\t(a)\tcarries out mining operations upon the lands; or\n\t(b)\tenters the lands for the purpose of carrying out mining operations,\nshall be guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (2).\n\t(2)\tThe maximum penalty for an offence against subsection (1) is a fine of $10 000 plus $1 000 for each day during which the convicted person—\n\t(a)\tcarried out unlawful mining operations upon the lands; or\n\t(b)\tremained upon the lands after the unlawful entry.\n\t(3)\tAn application for permission to carry out mining operations upon the lands—\n\t(a)\tmay be made only by a person who has applied for a mining tenement in respect of the lands or a part of the lands and has been notified by the Minister of Mines and Energy that he approves the making of an application under this section; and\n\t(b)\tmust be in writing and lodged with the Council; and\n\t(c)\tmust contain, or be accompanied by, all information submitted by the applicant to the Minister of Mines and Energy in support of his application for a mining tenement.\n\t(4)\tThe applicant shall, at the request of Maralinga Tjarutja, furnish in writing such further information as it may reasonably require to determine the application.\n\t(5)\tThe applicant shall, as soon as practicable after making his application, or furnishing information under subsection (4), send to the Minister of Mines and Energy a copy of the application or of the document by which the information was furnished.\n\t(6)\tUpon an application under this section, Maralinga Tjarutja may—\n\t(a)\tgrant its permission unconditionally; or\n\t(b)\tgrant its permission subject to such conditions (which must be consistent with the provisions of this Act) as it thinks fit; or\n\t(c)\trefuse its permission.\n\t(7)\tMaralinga Tjarutja shall, upon deciding an application under this section, notify the applicant, in writing, of its decision and the applicant shall, within seven days after receiving that notification, furnish the Minister of Mines and Energy with a copy of the notification.\n\t(8)\tThe reasonable costs and expenses incurred by Maralinga Tjarutja in dealing with an application under this section may be recovered from the applicant as a debt.\n\t(9)\tAny payment made in satisfaction of a liability arising under subsection (8) shall, if the application is subsequently determined in favour of the applicant but on condition that he pay compensation to Maralinga Tjarutja, be regarded as a payment made on account of that compensation.\n\t(10)\tWhere—\n\t(a)\tMaralinga Tjarutja refuses its permission under this section or grants its permission but subject to conditions that are unacceptable to the applicant; or\n\t(b)\tthe applicant has not, at the expiration of one hundred and twenty days from the date of the application, received notice of a decision by Maralinga Tjarutja, upon the application,\nthe applicant may request the Minister of Mines and Energy to refer the application to an arbitrator.\n\t(11)\tUpon the receipt of a request under subsection (10), the Minister of Mines and Energy shall confer with the Minister of Aboriginal Affairs, Maralinga Tjarutja and the applicant with a view to resolving the matter by conciliation.\n\t(12)\tIf steps taken under subsection (11) have failed to resolve the matter within a reasonable time after receipt of the request, the Minister of Mines and Energy shall refer the application to an arbitrator.\n\t(13)\tThe arbitrator shall—\n\t(a)\tin relation to an application for permission to carry out exploratory operations—be a Judge of the Supreme Court of South Australia or a legal practitioner of not less than ten years standing appointed by the Minister of Mines and Energy to be arbitrator; or\n\t(b)\tin any other case—be a Judge of the High Court, the Federal Court of Australia or the Supreme Court of a State or Territory of Australia or a legal practitioner of not less than ten years standing appointed by the Minister of Mines and Energy to be arbitrator,\nthe Minister having first afforded Maralinga Tjarutja and the applicant a reasonable opportunity to make representations as to that appointment.\n\t(14)\tThe arbitrator—\n\t(a)\tshall have the powers of a commission of inquiry under the Royal Commissions Act; and\n\t(b)\tmay refer a question of law for the opinion of the Court of Appeal.\n\t(16)\tAfter hearing such evidence and submissions as—\n\t(a)\tMaralinga Tjarutja; and\n\t(b)\tthe applicant; and\n\t(c)\tthe Minister of Mines and Energy; and\n\t(d)\tthe Minister of Aboriginal Affairs,\nmay desire to make to him, and such other evidence and submissions as he thinks fit to receive, the arbitrator may—\n\t(e)\taffirm, vary or reverse the decision of Maralinga Tjarutja; or\n\t(f)\twhere no decision has been made by Maralinga Tjarutja upon the application—determine the application as the arbitrator thinks fit.\n\t(17)\tThe arbitrator may, if he thinks fit, award against the applicant and in favour of Maralinga Tjarutja an amount determined by the arbitrator as representing the reasonable costs and expenses incurred by Maralinga Tjarutja in relation to the arbitration.\n\t(18)\tAn amount awarded under subsection (17) may be recovered by Maralinga Tjarutja as a debt.\n\t(19)\tIn arriving at his determination, the arbitrator shall have regard to—\n\t(a)\tthe effect of the grant of the mining tenement upon—\n\t(i)\tthe preservation and protection of ways-of-life, culture and tradition of the traditional owners;\n\t(ii)\tthe interests, proposals, opinions and wishes of the traditional owners in relation to the management, use and control of the lands;\n\t(iii)\tthe growth and development of social, cultural and economic structures of the traditional owners;\n\t(iv)\tfreedom of access by traditional owners to the lands and their freedom to carry out on the lands rites, ceremonies and other activities in accordance with their traditions; and\n\t(b)\tthe suitability of the applicant to carry out the proposed mining operations and his capacity, in carrying out those operations, to minimise disturbance to the traditional owners and the lands; and\n\t(c)\tthe preservation of the natural environment; and\n\t(d)\tthe economic and other significance of the operations to the State and Australia.\n\t(20)\tThe arbitrator shall hear and determine the arbitration as expeditiously as possible.\n\t(21)\tA determination under this section is binding upon Maralinga Tjarutja, the applicant and the Crown.\n\t(22)\tThe Arbitration Act 1891 does not apply to an arbitration under this section.\n\t(23)\tMining operations in pursuance of a mining tenement that was in force in relation to a part of the lands immediately before it became subject to the application of this Act shall be deemed to have been unconditionally permitted under this section.\n22—Application for mining tenements and sacred sites\n\t(1)\tWhere an application has been made for a mining tenement in respect of a part of the lands, the Minister of Mines and Energy and the Minister of Aboriginal Affairs shall consult with Maralinga Tjarutja to determine whether any sacred site or part of a sacred site registered on a register kept pursuant to section 16 is within the land to which the application relates.\n\t(2)\tWhere the Minister of Mines and Energy and the Minister of Aboriginal Affairs are satisfied that a sacred site or part of a sacred site registered on a register kept pursuant to section 16 is within the land to which the application relates, the Minister of Mines and Energy—\n\t(a)\tshall provide the applicant with such information as to the sacred site and its location as he and the Minister of Aboriginal Affairs determine to be appropriate; and\n\t(b)\tshall, subject to subsection (3)—\n\t(i)\tin granting any mining tenement upon the application, make necessary provision for the protection of the sacred site—\n\t(A)\tin the case of a sacred site that has been identified with particularity—by excluding land from the tenement or imposing conditions on the tenement; or\n\t(B)\tin the case of a sacred site that is known to exist but which has not been identified with particularity—by imposing conditions on the tenement to protect the sacred site until it is so identified; and\n\t(ii)\tin the case of a sacred site referred to in subparagraph (i)(B), when it is so identified, make further or other provision for the protection of the site by excluding land from the tenement or imposing conditions on the tenement.\n\t(3)\tThe Minister of Mines and Energy shall not, in granting a mining tenement relating to land to which another mining tenement (being a mining tenement granted in respect of the land after it became subject to the application of this Act) previously related, make provision under subsection (2)(b) for the protection of any sacred site within the land unless provision for the protection of that sacred site was made under that subsection in granting that earlier tenement.\n\t(4)\tLand may be excluded from a mining tenement under this section, and, subject to subsection (5), conditions may be imposed, varied or revoked under this section in respect of a mining tenement, by notice in writing to the holder of the tenement.\n\t(5)\tConditions shall not be imposed under this section in respect of a mining tenement, and any conditions so imposed shall not be varied or revoked, without the consent of Maralinga Tjarutja.\n\t(6)\tWhere information is provided as to a sacred site and its location pursuant to subsection (2), the Minister of Mines and Energy may, in consultation with the Minister of Aboriginal Affairs, impose conditions prohibiting or restricting disclosure of the information and any person who knowingly contravenes any such condition shall be guilty of an offence and liable to a penalty not exceeding $5 000.\n23—Interaction of the Act and the Mining and Petroleum Acts\n\t(1)\tWhere prospecting or mining is permitted upon the lands in pursuance of this Division, the person in whose favour the permission was granted and his agents, contractors and employees may, subject to the conditions (if any) upon which the permission was granted, and to the provisions of the Mining Act 1971 or the Petroleum Act 1940, as the case may require (but without requiring any further permission or authority to enter the lands under the provisions of either of those Acts), enter the lands for the purpose of prospecting or mining.\n\t(2)\tA mining tenement shall not be granted in respect of the lands or a part of the lands except to a person who has permission to carry out mining operations upon the lands under this Division, but this Act does not prevent the taking of any step under the Mining Act or the Petroleum Act antecedent to the grant of a mining tenement.\n\t(3)\tBefore a mining tenement is granted in pursuance of the Mining Act or the Petroleum Act in relation to the lands or a part of the lands, the Minister administering the relevant Act shall afford Maralinga Tjarutja a reasonable opportunity to make submissions relating to the conditions subject to which the tenement should be granted.\n\t(4)\tIf a person—\n\t(a)\tmakes a payment, or gives some other consideration, in contravention of section 25; or\n\t(b)\tin relation to—\n\t(i)\tobtaining the permission of Maralinga Tjarutja for the carrying out of mining operations upon the lands; or\n\t(ii)\tthe carrying out or proposed carrying out of mining operations upon the lands,\nmakes a payment, or gives some other consideration, to Maralinga Tjarutja (not being a payment or consideration in discharge or partial discharge of a liability arising under this Act, and not being a payment of royalty under section 24) otherwise than in conformity with—\n\t(iii)\tconditions imposed by Maralinga Tjarutja under this Division in granting its permission for the carrying out of the mining operations;\n\t(iv)\tconditions determined or approved by an arbitrator under this Division;\n\t(v)\tan agreement of which the Minister of Mines and Energy has been notified under this Division,\nthen—\n\t(c)\tthe amount of the payment, or the value of the consideration, is recoverable as a debt due to the Crown; and\n\t(d)\tno mining tenement in respect of the lands shall be granted to the person by whom the payment was made or the consideration given, and any such mining tenement held by that person shall be cancelled.\n24—Royalty\n\t(1)\tRoyalty paid in respect of minerals recovered from the lands shall be paid into a separate fund maintained by the Minister of Mines and Energy.\n\t(2)\tSubject to subsection (3), the royalty shall be applied as follows:\n\t(a)\tone-third shall be paid to Maralinga Tjarutja; and\n\t(b)\tone-third shall be paid to the Minister of Aboriginal Affairs to be applied towards the health, welfare and advancement of the Aboriginal inhabitants of the State generally; and\n\t(c)\tone-third shall be paid into the General Revenue of the State.\n\t(3)\tIf the income of the fund maintained under subsection (1) exceeds in any financial year the prescribed limit, the excess shall be paid in full into the General Revenue of the State.\n\t(4)\tNo moneys shall be paid out of the fund maintained under subsection (1) unless a regulation is in force prescribing a limit for the purposes of subsection (3).\n\t(5)\tIn this section—\nroyalty means royalty payable under the Mining Act 1971 or the Petroleum Act 1940.\n25—Offence in relation to obtaining permission to carry out mining operations\n\t(1)\tA person must not, without the consent of the relevant Minister, give, offer or agree to give a payment or other consideration to another person (not being a payment or consideration in discharge or partial discharge of a liability arising under this Act) in connection with obtaining the permission of Maralinga Tjarutja to carry out mining operations on the lands.\nMaximum penalty: $50 000 or imprisonment for 10 years.\n\t(2)\tIn this section—\nrelevant Minister, in relation to a payment or consideration, means—\n\t(a)\tif the payment or consideration is in connection with mining operations authorised under the Mining Act 1971—the Minister responsible for the administration of that Act; or\n\t(b)\tif the payment or consideration is in connection with mining operations authorised under the Petroleum and Geothermal Energy Act 2000—the Minister responsible for the administration of that Act.\n26—Certain payments or other consideration to Maralinga Tjarutja must represent fair compensation\n\t(1)\tThis section applies to payments made, or to be made, or consideration given, or to be given, to Maralinga Tjarutja (not being a payment or consideration in discharge or partial discharge of a liability arising under this Act, and not being a payment or royalty under section 24) in respect of the carrying out or proposed carrying out of mining operations upon the lands.\n\t(2)\tSubject to subsection (3), a payment or consideration to which this section applies must be reasonably proportioned to the disturbance to the lands, the traditional owners, and their ways-of-life, that has resulted or is likely to result from the grant of the relevant mining tenement.\n\t(3)\tA person shall not be required to make or give, or to agree to make or give, any payment or consideration to which this section applies in respect of the carrying out or proposed carrying out of exploratory operations upon the lands other than a payment of such amount (if any) as is or would become payable as compensation under the Mining Act 1971 or the Petroleum Act 1940 (as the case may require) in respect of the carrying out of such operations.\n\t(4)\tA person who makes or gives, or agrees to make or give, a payment or consideration to which this section applies shall, within fourteen days of the date of making or giving the payment or consideration, or entering into the agreement, notify the Minister of Mines and Energy of the amount or value of the payment or consideration, or of the terms of the agreement.\nMaximum penalty: $2 000.\nDivision 5—Right of the Crown to continue in occupation of certain parts of the lands\n27—Right of the Crown to continue its occupation of certain land\nWhere before the commencement of this Act the Crown occupied a part of the lands for purposes connected with the health, education, welfare or advancement of the traditional owners, the Crown may continue to occupy that part of the lands, for a period of up to fifty years, for the same or similar purposes and without payment of rent or compensation to Maralinga Tjarutja.\nDivision 6—Construction of roads by the Commissioner of Highways\n28—Consent of Maralinga Tjarutja required for road works\n\t(1)\tThe Commissioner of Highways may carry out road works upon the lands with the consent of Maralinga Tjarutja.\n\t(2)\tThe consent of Maralinga Tjarutja may be given subject to such conditions as Maralinga Tjarutja thinks fit.\n\t(3)\tMaralinga Tjarutja shall not withhold its consent to the construction or reconstruction of the road described in Schedule 3, but this subsection does not prejudice the right of Maralinga Tjarutja to negotiate conditions affecting the road works, or ancillary or associated works.\n29—Proposals to carry out road works and arbitration of disputes\n\t(1)\tWhere the Commissioner of Highways desires to carry out road works on the lands, he shall submit to Maralinga Tjarutja proposals containing—\n\t(a)\ta plan describing the land upon which the road works are to be carried out; and\n\t(b)\ta description of all ancillary or associated works that are to be carried out and of the areas in which those ancillary or associated works are to be carried out; and\n\t(c)\ta description of the access roads to be used for the purpose of the road works, or the ancillary or associated works; and\n\t(d)\ta general description of the areas in which gravel or stone is to be quarried for the purpose of the road works; and\n\t(e)\tsuch other information as Maralinga Tjarutja may reasonably require.\n\t(2)\tIf the Commissioner and Maralinga Tjarutja are unable to agree on the proposals, or on some modified form of the proposals, the Commissioner may submit the differences to arbitration.\n\t(3)\tThe arbitrator shall be the arbitrator appointed in pursuance of section 21.\n\t(4)\tThe arbitrator is empowered to determine any matter in dispute and his determination shall be binding upon the Commissioner and Maralinga Tjarutja.\n\t(5)\tNo compensation is payable to Maralinga Tjarutja in respect of loss or damage arising from road works where those road works are carried out in relation to the road described in Schedule 3 and in accordance with conditions agreed by Maralinga Tjarutja and the Commissioner, or determined by the arbitrator.\n30—Road reserves\n\t(1)\tThe area comprised within the road described in Schedule 3 constitutes a road reserve.\n\t(2)\tThe Commissioner of Highways is entitled to unrestricted use of a road reserve for purposes related to road works.\n\t(3)\tA member of the public shall be entitled to free and unrestricted access to the Mamungari Conservation Park along the road described in Schedule 3 and to land comprised in the road reserve.\n31—Consent not required for maintenance or repair of road described in Schedule 3\nThe provisions of sections 28 and 29 shall not apply to the maintenance or repair (being maintenance or repair not involving realignment) of the road described in Schedule 3 provided that materials used in the course of the maintenance or repair of the road are not taken from any part of the lands that lie outside the road reserve.\n32—Interaction between this Act and Highways Act\nRoad works carried out by the Commissioner of Highways in pursuance of this Division upon roads that, immediately before the commencement of this Act, were in existence upon the lands shall be deemed to be road works upon roads within the meaning of the Highways Act 1926.\nPart 4—Disputes\n33—Tribal assessor\n\t(1)\tThere shall be a tribal assessor.\n\t(2)\tThe tribal assessor shall be appointed by the Minister of Aboriginal Affairs with the approval of Maralinga Tjarutja.\n\t(3)\tThe terms and conditions upon which the tribal assessor holds office shall be determined by the Minister after consultation with the Commissioner for Public Sector Employment.\n34—Disputes\n\t(1)\tAny traditional owner who is aggrieved by a decision or action of Maralinga Tjarutja, or any of its members, may appeal to the tribal assessor against that decision or action.\n\t(2)\tThe tribal assessor—\n\t(a)\tshall hear the appeal at some suitable place upon the lands; and\n\t(b)\tshall conduct the hearing as expeditiously as possible and without undue formality.\n\t(3)\tThe tribal assessor is not bound by the rules of evidence in proceedings under this section, but may inform himself in such manner as he thinks fit.\n\t(4)\tIn proceedings under this section, the tribal assessor should observe, and where appropriate give effect to, the customs and traditions of the traditional owners.\n\t(5)\tThe tribal assessor may in proceedings under this section—\n\t(a)\tgive such directions as he considers just or expedient to resolve any matters in dispute; or\n\t(b)\trefer the matter back to Maralinga Tjarutja to be further dealt with in accordance with his directions.\n35—Order compelling compliance with direction of the tribal assessor\n\t(1)\tIf a person refuses or fails to comply with a direction of the tribal assessor, any party to the proceedings before the assessor may apply to a local court of full jurisdiction for an order to compel that person to comply with the direction.\n\t(2)\tUpon an application under this section, the local court shall, unless satisfied that the direction of the tribal assessor is unjust or unreasonable, make an order requiring the person against whom the direction was made to comply with the direction.\n\t(3)\tProceedings under this section shall be heard at some suitable place upon the lands, and shall be conducted as expeditiously as possible and without undue formality.\nPart 5—Miscellaneous\n36—Summary procedure\nProceedings in respect of offences against this Act shall be disposed of summarily.\n37—Power of court to order compensation in certain cases\nWhere a person is convicted of an offence against this Act or any other Act, and it appears to the court by which that person is convicted that Maralinga Tjarutja has suffered damage to its property as a result of the commission of the offence, the court may order the convicted person to pay such compensation to Maralinga Tjarutja as the court considers just.\n38—Exemption of lands from land tax\nNo land tax is payable upon the lands.\n39—Financial provision\nThe moneys required for the purposes of this Act shall be paid out of moneys provided by Parliament for those purposes.\n40—Non-application of Outback Areas Community Development Trust Act\n\t(1)\tThe Outback Areas Community Development Trust Act 1978 does not apply to the lands.\n\t(2)\tNotwithstanding subsection (1), the Outback Areas Community Development Trust may expend moneys for the benefit of residents of the lands.\n41—Interaction between this Act and certain other Acts\n\t(1)\tFor the purpose of determining whether a particular part of the lands is a public place within the meaning of some other Act or law, any restrictions upon access to the lands or that place arising under this Act shall be disregarded.\n\t(2)\tA reference in the Road Traffic Act 1961 or the Motor Vehicles Act 1959 to a road extends to any road upon the lands.\n42—Depasturing of stock\nAny regulations relating to the depasturing of stock that apply to holders of pastoral leases under the Pastoral Act 1936 apply in respect of the depasturing of stock upon the lands as if Maralinga Tjarutja were the holder of a pastoral lease in respect of the lands.\n43—By-laws\n\t(1)\tMaralinga Tjarutja may, with the approval of the Minister, make by‑laws—\n\t(a)\tregulating, restricting or prohibiting the consumption, inhalation, possession, sale or supply of regulated substances on the lands;\n\t(b)\tproviding 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;\n\t(c)\tproviding for the treatment or rehabilitation (or both) of any person affected by the misuse of any regulated substance;\n\t(d)\tprohibiting specified forms of gambling on the lands;\n\t(e)\tproviding for any other matter that is prescribed by the regulations as a matter in relation to which by‑laws may be made.\n\t(2)\tA by‑law under this section must not be inconsistent with this or any other Act, or with the general law of the State.\n\t(3)\tThe operation of a by‑law is restricted to the lands.\n\t(4)\tA by‑law made under this section—\n\t(a)\tmust be submitted to the Governor for confirmation; and\n\t(b)\tis subject to disallowance by Parliament.\n\t(5)\tA 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.\n\t(6)\tSubject to subsection (7), a person who contravenes or fails to comply with a by‑law is liable to a penalty as follows:\n\t(a)\tif the by‑law specifies a penalty (which must not exceed $2 000)—the penalty so specified; or\n\t(b)\tif no penalty is specified—a maximum fine of $2 000.\n\t(7)\tA person who contravenes a by‑law regulating, restricting or prohibiting the sale or supply of a regulated substance is guilty of an offence.\nMaximum penalty: $2 000 or imprisonment for 2 years.\n\t(8)\tIn this section—\npetrol includes any volatile liquid containing hydrocarbons;\nregulated substance means petrol, alcoholic liquor and any other substance declared by regulation to be included within the ambit of this definition.\n44—Regulations\n\t(1)\tThe Governor may make regulations—\n\t(a)\tprescribing a form of agreement as a model form of agreement under which exploratory operations may be carried out upon the lands and providing that such a model form of agreement shall form the basis of negotiations between Maralinga Tjarutja and any applicant for permission to carry out exploratory operations upon the lands; and\n\t(ab)\tregulating, restricting or prohibiting entry on, or any activity on, the Maralinga nuclear test site or a part of that site; and\n\t(b)\tregulating, restricting or prohibiting the depasturing of stock upon any specified part of the lands; and\n\t(c)\tregulating, restricting or prohibiting any activity upon the lands that may have adverse environmental consequences; and\n\t(d)\tregulating, restricting or prohibiting the supply or consumption of alcoholic liquor upon the lands; and\n\t(e)\tproviding for the confiscation of alcoholic liquor; and\n\t(f)\tprescribing other matters contemplated by this Act, or necessary or expedient for the purposes of this Act; and\n\t(g)\tprescribing penalties (not exceeding $2 000) for breach of, or non-compliance with, any regulation.\n\t(1a)\tThe regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors;\n\t(b)\tprovide 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.\n\t(2)\tA regulation shall not be made under subsection (1)(a) except with the approval of Maralinga Tjarutja.\n\t(3)\tA regulation shall not be made under subsection (1)(ab) or (c) except after consultation with Maralinga Tjarutja.\n\t(4)\tA regulation shall not be made under subsection (1)(d) or (e) except upon the recommendation of Maralinga Tjarutja.\nSchedule 1\t\nSection 50, Out of Hundreds; Section 400, Out of Hundreds; Section 1302, Out of Hundreds; Section 1485, Out of Hundreds; Section 1486, Out of Hundreds; Section 1487, Out of Hundreds and an Allotment comprising Pieces 16, 17, 18 and 19 on Deposited Plan 31180.\nSchedule 2—Prescribed roads\n\nSchedule 3\t\nSection 1303, Out of Hundreds.\nSchedule 4\t\nSection 50, Out of Hundreds.\nSchedule 5—Maralinga nuclear test site\nNote—\nThe following map is provided for ease of reference only.\n\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease 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.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor 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.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1984\n3\n Maralinga Tjarutja Land Rights Act 1984\n12.4.1984\n6.12.1984 (Gazette 6.12.1984 p1742)\n1991\n43\n Maralinga Tjarutja Land Rights (Additional Lands) Amendment Act 1991\n7.11.1991\n28.11.1991 (Gazette 28.11.1991 p1376)\n2004\n27\n Statutes Amendment (Co-managed Parks) Act 2004\n29.7.2004\nss 4(1) and 5—29.7.2004; ss 4(2) and 6—12—24.8.2004 (Gazette 29.7.2004 p2682)\n2006\n17\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 49 (s 164)—4.9.2006 (Gazette 17.8.2006 p2831)\n2009\n59\n Maralinga Tjarutja Land Rights (Miscellaneous) Amendment Act 2009\n26.11.2009\n26.11.2009 (Gazette 26.11.2009 p5274)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 88 (s 206)—1.2.2010 (Gazette 28.1.2010 p320)\n2013\n16\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 36 (s 69)—17.6.2013 (Gazette 6.6.2013 p2498)\n2019\n45\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 65)—1.1.2021 (Gazette 10.12.2020 p5638)\n2025\n29\n Biodiversity Act 2025\n26.6.2025\nSch 5 (cll 45 to 48)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n29.7.2004\ns 3\n\n\nBritish Nuclear Test Program\ninserted by 59/2009 s 4(1)\n26.11.2009\nco-management agreement\ninserted by 27/2004 s 4(1)\n29.7.2004\nco-management board\ninserted by 27/2004 s 4(1)\n29.7.2004\n\namended by 59/2009 s 4(2)\n26.11.2009\nMamungari Conservation Park\ninserted by 59/2009 s 4(3)\n26.11.2009\nMaralinga nuclear test site\ninserted by 59/2009 s 4(3)\n26.11.2009\nMaralinga nuclear test site handback deed\ninserted by 59/2009 s 4(3)\n26.11.2009\nminor trials\ninserted by 59/2009 s 4(4)\n26.11.2009\nUnnamed Conservation Park\ninserted by 27/2004 s 4(2)\n24.8.2004\n\ndeleted by 59/2009 s 4(5)\n26.11.2009\nPt 2\n\n\ns 5\n\n\ns 5(2)\namended by 27/2004 s 5\n29.7.2004\n\namended by 59/2009 s 5\n26.11.2009\ns 9\nsubstituted by 59/2009 s 6\n26.11.2009\nPt 3\n\n\nPt 3 Div 1A\ninserted by 27/2004 s 6\n24.8.2004\nheading\namended by 59/2009 s 7\n26.11.2009\ns 15B\n\n\ns 15B(1) and (2)\namended by 59/2009 s 8\n26.11.2009\ns 15D\n\n\ns 15D(2)\namended by 59/2009 s 9\n26.11.2009\ns 15E\n\n\ns 15E(3)\namended by 59/2009 s 10\n26.11.2009\nPt 3 Div 1B\ninserted by 59/2009 s 11\n26.11.2009\nPt 3 Div 3\n\n\ns 17\n\n\ns 17(1)\ns 17 redesignated as s 17(1) by 27/2004 s 7\n24.8.2004\n\namended by 59/2009 s 12(1), (2)\n26.11.2009\ns 17(2)\ninserted by 27/2004 s 7\n24.8.2004\ns 18\n\n\ns 18(9) and (10)\ndeleted by 59/2009 s 13(1)\n26.11.2009\ns 18(11)\namended by 43/1991 s 3\n28.11.1991\n\namended by 27/2004 s 8\n24.8.2004\n\namended by 59/2009 s 13(2), (3)\n26.11.2009\ns 18(12)\namended by 59/2009 s 13(4)\n26.11.2009\ns 18A\ninserted by 59/2009 s 14\n26.11.2009\ns 20\n\n\ns 20(1)\namended by 59/2009 s 15(1)\n26.11.2009\ns 20(1a)\ninserted by 59/2009 s 15(2)\n26.11.2009\nPt 3 Div 4\n\n\ns 20A\ninserted by 27/2004 s 9\n24.8.2004\n\nsubstituted by 59/2009 s 16\n26.11.2009\ns 21\n\n\ns 21(13)\namended by 45/2019 Sch 1 cl 65(1)\n1.1.2021\ns 21(14)\namended by 17/2006 s 164(1)\n4.9.2006\n\namended by 45/2019 Sch 1 cl 65(2)\n1.1.2021\ns 21(15)\ndeleted by 17/2006 s 164(2)\n4.9.2006\ns 21(23)\namended by 43/1991 s 4\n28.11.1991\ns 22\n\n\ns 22(3)\namended by 43/1991 s 5\n28.11.1991\ns 25\nsubstituted by 16/2013 s 69\n17.6.2013\nPt 3 Div 6\n\n\ns 30\n\n\ns 30(3)\namended by 27/2004 s 10\n24.8.2004\n\namended by 59/2009 s 17\n26.11.2009\nPt 4\n\n\ns 33\n\n\ns 33(3)\namended by 84/2009 s 206\n1.2.2010\nPt 5\n\n\ns 43\nexpired: s 43(12)—omitted under Legislation Revision and Publication Act 2002\n(6.12.1989)\ns 43\ninserted by 59/2009 s 18\n26.11.2009\ns 44\n\n\ns 44(1)\namended by 59/2009 s 19(1)\n26.11.2009\ns 44(1a)\ninserted by 59/2009 s 19(2)\n26.11.2009\ns 44(3)\namended by 59/2009 s 19(3)\n26.11.2009\nSch 1\nsubstituted by 43/1991 s 6\n28.11.1991\n\namended by 27/2004 s 11\n24.8.2004\n\namended by 59/2009 s 20\n26.11.2009\nSch 2\nsubstituted by 43/1991 s 6\n28.11.1991\n\namended by 27/2004 s 12\n24.8.2004\n\nsubstituted by 59/2009 s 21\n26.11.2009\nSch 5\ninserted by 59/2009 s 22\n26.11.2009\nTransitional etc provisions associated with Act or amendments\nMaralinga Tjarutja Land Rights (Miscellaneous) Amendment Act 2009, Sch 1—Transitional provision\n1—Maralinga nuclear test site excluded from mining tenements etc\n\t(1)\tIf, 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.\n\t(2)\tIf 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.\n\t(3)\tDespite any other Act or law, no compensation is payable in respect of the operation of this clause.\n\t(4)\tIn this clause—\nprescribed tenement means—\n\t(a)\ta mining tenement or permit under the Mining Act 1971;\n\t(b)\ta precious stones tenement or permit under the Opal Mining Act 1995;\n\t(c)\ta tenement under the Petroleum and Geothermal Energy Act 2000.\nHistorical versions\nReprint No 1—28.11.1991\n\n29.7.2004\n\n24.8.2004\n\n4.9.2006\n\n26.11.2009\n\n1.2.2010\n\n17.6.2013\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1984 purpose of vesting land title in traditional owners. Major expansions include: (1) 2004 amendments adding co-management arrangements for the Mamungari Conservation Park (Division 1A); (2) 2009 amendments adding comprehensive provisions for the Maralinga nuclear test site including liability immunity, mining prohibitions, and management guidelines (Division 1B); (3) 1991 amendments expanding the land area (Schedule 1); and (4) ongoing refinements to mining arbitration procedures and entry restrictions. The Act now functions as a complex land rights, environmental management, and nuclear legacy statute, not merely a land transfer mechanism."},"complexity_factors":["Multiple overlapping regimes: The Act creates distinct legal frameworks for general land management, co-management of conservation parks, and the nuclear test site, each with different rules.","Extensive cross-referencing: Heavy reliance on external statutes including the Mining Act 1971, Petroleum Act 1940, National Parks and Wildlife Act 1972, and the Maralinga nuclear test site handback deed (a non-legislative document).","Conditional permissions and delegations: Complex rules about what powers can be delegated (section 9) and what requires Ministerial approval versus Council decision.","Arbitration mechanisms: Detailed arbitration procedures for mining disputes (section 21) with specific qualifications for arbitrators and binding determinations that override the parties.","Nested exceptions: Entry restrictions (section 18) contain 11 specific exceptions (subsection 11), some with their own sub-conditions (e.g., section 19 for Cook residents, section 20 for roads).","Dual-language land grants: Special provisions for land grants expressed in both English and Pitjantjatjara, with English governing interpretation (section 14).","Transitional provisions: Complex transitional arrangements for existing mining tenements when the nuclear test site provisions were added (2009).","Interaction clauses: Multiple provisions clarifying how this Act interacts with other laws (sections 23, 32, 41) creating a web of precedence rules."],"plain_english_summary":"**What this law does:**\n\nThis Act gives legal ownership of the Maralinga lands in South Australia to the Maralinga Tjarutja — the body representing the traditional Aboriginal owners of that country. It creates a special legal structure to manage these lands, balancing Aboriginal self-determination with practical needs like mining, roads, and public access.\n\n**Who it affects:**\n\n- **Traditional owners**: Aboriginal people with cultural and spiritual connections to the Maralinga lands. They automatically become members of Maralinga Tjarutja and have unrestricted access to their country.\n- **Maralinga Tjarutja**: A body corporate (a legal entity, like a company) that holds the land title \"in fee simple\" (the strongest form of land ownership). It is run by a Council made up of traditional owner leaders.\n- **Miners and developers**: Anyone wanting to mine or explore for minerals must get permission from Maralinga Tjarutja first, separate from normal mining laws. There are special rules for fair compensation and protection of sacred sites.\n- **The public**: Entry to the lands is restricted without permission, though there are exceptions for roads, emergencies, and residents of nearby Cook.\n- **The government**: The Crown (State) retains some rights, including continued occupation of certain land for health and education services, and controls over highways.\n\n**Key features:**\n\n- **Inalienable title**: Once granted, the land cannot be sold, compulsorily acquired, or forfeited. It stays with Maralinga Tjarutja permanently.\n- **Co-management**: The Mamungari Conservation Park is managed jointly by Maralinga Tjarutja and the State through a co-management board with majority Aboriginal representation.\n- **Nuclear test site protections**: Special rules apply to the Maralinga nuclear test site (where British nuclear tests occurred). Mining is completely banned, and guidelines manage contamination risks. The State and Maralinga Tjarutja are protected from liability for past nuclear activities.\n- **Sacred sites**: Maralinga Tjarutja keeps a confidential register of sacred sites. Mining applications must avoid or protect these areas.\n- **Dispute resolution**: Traditional owners can appeal decisions to a \"tribal assessor\" — an independent person who considers Aboriginal customs when resolving disputes.\n- **By-laws**: Maralinga Tjarutja can make rules about alcohol, petrol sniffing, and gambling on the lands.\n\n**Why it matters:**\n\nThis is one of Australia's earliest and most significant Aboriginal land rights statutes. It recognises the dispossession caused by British nuclear testing at Maralinga (1950s-1960s) and returns control to the traditional owners. It also creates a model for balancing Indigenous land rights with economic development (like mining) and public infrastructure, while protecting culturally significant areas and dealing with the legacy of radioactive contamination."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded materially from a single, narrow function—vesting title in the traditional owners—to a broader statutory regime. Amendments and later insertions introduced: (1) co‑management arrangements and a corporate co‑management board for Mamungari Conservation Park with detailed governance and reporting requirements (Div 1A ss 15B–15G); (2) a dedicated Division for the Maralinga nuclear test site imposing a prohibition on mining, requiring site guidelines, mandating a ministerial review, and providing immunity for state and Maralinga Tjarutja in specified circumstances (Div 1B ss 15H–15M); (3) a bespoke and detailed mining permission, consultation and arbitration framework, plus explicit royalty‑sharing rules (ss 21–26, 24); and (4) expanded regulatory and by‑law powers (ss 43–44). These additions move the Act beyond simple land vesting into conservation co‑management, specialised environmental/health legacy regulation, revenue allocation, and a complex permission/arbitration model for extractive industry activity."},"complexity_factors":["Multiple substantive Parts and Divisions including later insertions (Div 1A co‑management, Div 1B nuclear‑test site) increasing branching logic","Interpretation section (s 3) defines around 20–25 key terms that the rest of the Act cross‑references (e.g. Maralinga nuclear test site, Mamungari Conservation Park, mining tenement, traditional owner)","Extensive cross‑references to other statutes: Mining Act 1971, Petroleum Act 1940 / Petroleum & Geothermal Energy Act 2000, Opal Mining Act 1995, National Parks and Wildlife Act 1972, Highways Act and others","Conditional permissions with multi‑step processes and escalation to arbitration (ss 21(3)–(16): application → Council decision → ministerial conciliation → arbitrator), including different arbitrator criteria by type of operation","Multiple exceptions and carve‑outs (e.g. various statutory exceptions to entry rules in s 18(11), special road reserve rules, and test site exclusions) producing nested conditionality","Varied enforcement regimes and courts: summary procedure generally (s 36), but test site offences lie within ERD Court jurisdiction (s 15K(4)), and severe criminal penalties (s 25)","Regulatory discretions: several regulation clauses require either Maralinga Tjarutja approval, consultation, or Minister recommendation (s 44(1)–(4)), creating administrative dependency","Financial mechanics: statutory royalty split (s 24) with caps and fund rules (s 24(3)–(4)), cost recovery for applications (s 21(8)), and state funding obligations (s 39)","Governance constraints: certain powers non‑delegable (s 9(2)), auditing and reporting obligations for both Maralinga Tjarutja and any co‑management board (ss 11, 15F–15G)"],"plain_english_summary":"**What this law does (mechanically)\n\n- Creates a corporate body called \"Maralinga Tjarutja\" made up of the traditional owners and vests specified lands in that body (s 4, s 13).  The lands are listed in Schedule 1.\n- Makes that vested land inalienable in most circumstances (it cannot be sold or compulsorily acquired) (s 15).\n- Gives Maralinga Tjarutja the powers to manage the lands: to make a constitution, grant leases or licences (subject to limits), enter contracts, employ staff, receive money, and negotiate access (s 5).\n- Establishes governance rules: a Council of leaders of the traditional owners runs Maralinga Tjarutja, must consult traditional owners and act having regard to their customs, and must keep audited accounts (ss 6–11).\n- Controls entry to the lands: traditional owners have unrestricted access; non-traditional people need written permission from Maralinga Tjarutja (s 17–19).  A set of statutory exceptions applies for police, authorised officers, emergency entry, certain parliamentary/ministerial visitors and others (s 18(11)).  Unauthorised entry and breaches of conditions attract fines (s 18).\n- Regulates roads on and through the lands and creates a road reserve (Schedule 2 and ss 20, 28–31). The Commissioner of Highways can build certain roads but generally needs Maralinga Tjarutja's consent and may arbitrate disputes with the Council (ss 28–29).\n- Sets out a bespoke mining regime: mining and petroleum operations generally require Maralinga Tjarutja's permission in addition to statutory mining tenements; there are procedures for applications, consultation about sacred sites, costs recovery, arbitration where agreement breaks down, and sharing of royalty revenue (ss 20A, 21–26, 23–24).\n- Creates a co‑management board regime for the Mamungari Conservation Park, to be established by regulation with a majority of members drawn from Maralinga Tjarutja and chaired by its nominee (Div 1A ss 15B–15G).\n- Adds a special division for the Maralinga nuclear test site: Maralinga Tjarutja must prepare guidelines for the site, the State and Maralinga Tjarutja have immunity for nuclear‑test related claims in some circumstances, and mining and related activities are prohibited on the test site (Div 1B ss 15H–15M).\n- Provides internal dispute resolution: a tribal assessor hears appeals by traditional owners about Council decisions, and a local court can enforce the assessor's directions (Part 4 ss 33–35).\n- Enables Maralinga Tjarutja, with Ministerial approval, to make by‑laws about regulated substances (including alcohol) and other matters restricted to the lands (s 43).  The Governor may make regulations on many matters but certain regulation types require Maralinga Tjarutja's approval or consultation (s 44).\n- Miscellaneous practical provisions: exemption from land tax for the lands (s 38); Crown may continue occupying some land for up to 50 years where previously used for services to Aboriginal inhabitants (s 27); financial support from Parliament (s 39).\n\n**Who it affects\n\n- Traditional owners of the Maralinga lands: they become Maralinga Tjarutja members and have primary decision‑making and access rights (ss 4, 5, 17).\n- Members of the Council (the leaders of the traditional owners): they exercise the body's powers and manage the lands (ss 6–7).\n- Mining and petroleum proponents: they must seek permission from Maralinga Tjarutja and follow the Act's application, consultation and arbitration processes before conducting work (ss 21–24, 23).\n- Government agencies (Ministers, Commissioner of Highways) and the Crown: they retain some powers (e.g. to occupy certain lands, to build specified roads) but generally need consent, must consult, or may be subject to arbitration (ss 27, 28–31).\n- Visitors, tourists, local residents (for example Cook residents): their access is regulated and may be conditional or limited by permits and by‑laws (s 19, s 18).\n\n**Why it matters (purpose claims and practical trade-offs)\n\nThe Act's stated purpose is to vest title in the traditional owners and give them control over the lands. Mechanically, it does that and also sets up detailed governance, access controls, conservation co‑management, and a bespoke mining regime.\n\nCosts, incentives and trade‑offs (mechanical effects):\n- Who pays: mining royalty revenue is split by statute — one‑third to Maralinga Tjarutja, one‑third to the Minister of Aboriginal Affairs for Aboriginal health/welfare/advancement, and one‑third to State revenue (s 24).  Applicants must also bear Maralinga Tjarutja's reasonable application costs (s 21(8)).\n- Who decides: Maralinga Tjarutja (through its Council) decides on access and permissions for most activities on the lands (s 5, s 18, s 21). Ministers retain roles in grant processes, arbitration referrals and regulations (ss 13, 21, 44).  Arbitration (by senior judges or experienced lawyers) resolves deadlocks in applications (s 21(13)–(16)).\n- Behaviour changes required: private parties must seek and obtain written permission to enter or undertake mining; mining proponents must disclose payments, negotiate compensation proportionate to disturbance, and may be subject to arbitration (ss 18, 21, 26).  Certain activities (e.g. mining on the Maralinga test site) are expressly prohibited (s 15K).\n\nImplementation risk, compliance burden and incentives:\n- Administrative and compliance burden falls on both Maralinga Tjarutja (to keep records, run consent processes, prepare guidelines, audit accounts) and on applicants (to prepare mining applications, bear costs, and comply with conditions) (ss 11, 15I, 21).\n- The Act gives substantial discretion to Maralinga Tjarutja and to Ministers (for making regulations, approving guidelines, appointing arbitrators), which creates potential for negotiation costs, delay, and political‑administrative tension where interests diverge (ss 15I(1)–(3), 21(10)–(12), 44(1a)).\n- Arbitration is binding and designed to be expedited, but it transposes commercial or regulatory disputes into a legal/arbitral process that can be costly and time‑sensitive for proponents (s 21(20)–(21)).\n- The inalienability of the land (s 15) prevents market sale or compulsory acquisition, trading off market flexibility for long‑term protection of title.\n\nConcentrated benefits, diffuse costs and substitution effects:\n- Benefits of title, lease income and local control are concentrated to the traditional owners (ss 4–5, 24). Costs—such as higher transaction costs for mining companies, or foregone extractive activity where permission is withheld or where the test site is off limits—are diffuse across prospective industry and possibly State revenue.  The statute explicitly shifts some extractive revenue to Maralinga Tjarutja (s 24), altering financial incentives for developers.\n\nKey enforcement features and legal exposure:\n- Penalties for unauthorised entry and breaches of conditions are set in the Act (s 18) and criminal penalties exist for prohibited mining, improper payments in relation to obtaining mining permission (s 15K, s 25) — s 25 carries a maximum of $50,000 or 10 years imprisonment.\n- Special immunity from liability is provided for the State and Maralinga Tjarutja for injuries or loss related to historic British nuclear testing in specified circumstances (s 15J).  That modifies the State's exposure for legacy contamination claims in particular legal scenarios.\n\nOverall mechanical effect: the Act transforms ownership and primary regulatory power over the specified lands to the traditional owners, while layering in statutory exceptions, co‑management arrangements for conservation land, a controlled and consultative regime for mining and roads, and special rules for the Maralinga nuclear test site.  This changes the default decision‑rights and contractual/administrative pathways for anyone seeking to use those lands.\n\n(References in parentheses are to the sections cited.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be reliably made as the legislative text was not retrievable. No content was available to compare against any original intent. This field reflects the absence of data rather than a substantive finding."},"complexity_factors":["Analysis is based on general knowledge only — the actual legislative text was not retrievable due to a website error","The Act itself (from general knowledge) involves intersecting areas of property law, Aboriginal land rights, administrative governance, and access/permit regimes","Historical context involving nuclear testing adds factual complexity to interpretation","Jurisdictional interplay between South Australian state law and Commonwealth obligations adds a layer of complexity","Complexity score is conservatively low (3) given no text was available to assess — actual score could be significantly higher"],"plain_english_summary":"## Maralinga Tjarutja Land Rights Act 1984 — Analysis Unavailable\n\n**⚠️ Content Could Not Be Retrieved**\n\nThe actual text of the *Maralinga Tjarutja Land Rights Act 1984* (SA) could not be retrieved because the legislation website returned a **'Page Not Found'** error, likely due to a URL change following a website update in March 2026.\n\n### What is generally known about this Act:\nThe *Maralinga Tjarutja Land Rights Act 1984* is a **South Australian law** that granted land rights to the **Maralinga Tjarutja people** — the Aboriginal traditional owners of lands in the far west of South Australia. These lands were previously used by the Australian and British governments for **nuclear weapons testing** in the 1950s, which caused significant contamination and displacement of the traditional owners.\n\nThe Act is significant because it:\n- **Returned ownership** of a large portion of the affected land to the Maralinga Tjarutja people\n- Established a **governing body** (Maralinga Tjarutja) to manage the land on behalf of its members\n- Set out rules about **access** to the land by outsiders (requiring permits)\n- Addressed ongoing obligations related to the land's history\n\n### Who does it affect?\n- The **Maralinga Tjarutja Aboriginal people** as the primary beneficiaries and landowners\n- **Researchers, miners, tourists and others** who may wish to access the land (access is controlled)\n- **South Australian and Federal governments** in relation to land management obligations\n\n> **Note:** A full and accurate analysis requires access to the actual legislative text. Please retrieve the Act directly from [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and resubmit for a complete breakdown."}},"importantCases":[],"_links":{"self":"/api/acts/maralinga-tjarutja-land-rights-act-1984","history":"/api/acts/maralinga-tjarutja-land-rights-act-1984/history","analysis":"/api/acts/maralinga-tjarutja-land-rights-act-1984/analysis","conflicts":"/api/acts/maralinga-tjarutja-land-rights-act-1984/conflicts","importantCases":"/api/acts/maralinga-tjarutja-land-rights-act-1984/important-cases","documents":"/api/acts/maralinga-tjarutja-land-rights-act-1984/documents"}}