{"id":"maralinga-tjarutja-land-rights-mamungari-conservation-park-co-management-board-regulations-2019","name":"Maralinga Tjarutja Land Rights (Mamungari Conservation Park Co-management Board) Regulations 2019","slug":"maralinga-tjarutja-land-rights-mamungari-conservation-park-co-management-board-regulations-2019","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236132,"registerId":"sa-maralinga-tjarutja-land-rights-mamungari-conservation-park-co-management-board-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Maralinga Tjarutja Land Rights (Mamungari Conservation Park Co-management Board) Regulations 2019","content":"South Australia\nMaralinga Tjarutja Land Rights (Mamungari Conservation Park Co-management Board) Regulations 2019\nunder the Maralinga Tjarutja Land Rights Act 1984\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tContinuation of co-management Board\n5\tComposition of Board\n6\tTerms and conditions\n7\tPresiding member and deputy presiding member\n8\tVacancies or defects in appointment of members\n9\tRemuneration\n10\tFunctions and powers of Board\n11\tCommittees\n12\tDelegations\n13\tBoard's procedures\n14\tConflict of interest\n15\tAnnual report (section 15G)\n16\tImmunity from liability\nSchedule 1—Revocation of Maralinga Tjarutja Land Rights (Establishment of Co-management Board) Regulations 2004\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Maralinga Tjarutja Land Rights (Mamungari Conservation Park Co-management Board) Regulations 2019.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Maralinga Tjarutja Land Rights Act 1984;\nBoard means the Mamungari Conservation Park Co‑management Board continued under regulation 4;\nco-management agreement means the co-management agreement for the Mamungari Conservation Park;\nDepartment means the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the National Parks and Wildlife Act 1972;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nMinister means the Minister responsible for the administration of the National Parks and Wildlife Act 1972;\nPark means the Mamungari Conservation Park;\nPila Nguru means an Aboriginal person who is a member of the Aboriginal people of the Western Desert region known as the Pila People, or Spinifex People, and who belongs to the language group of the Southern Pitjantjatjara;\nPila Nguru (Aboriginal Corporation) means the Pila Nguru (Aboriginal Corporation) RNTBC incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth;\nspouse—a person is the spouse of another if they are legally married.\n4—Continuation of co-management Board\nThe Maralinga Lands Unnamed Conservation Park Board continues in existence as the Mamungari Conservation Park Co‑management Board.\nNote—\nThe Maralinga Lands Unnamed Conservation Park Board was established under regulation 4 of the Maralinga Tjarutja Land Rights (Establishment of Co‑management Board) Regulations 2004 (Gazette 29.7.2004 p2686).\n5—Composition of Board\n\t(1)\tThe Board consists of 8 members appointed by the Minister of whom—\n\t(a)\t5 must be members of Maralinga Tjarutja—\n\t(i)\t—\n\t(A)\t3 of whom are appointed on the nomination of the Council; and\n\t(B)\t2 of whom are Pila Nguru appointed on the nomination of the Pila Nguru (Aboriginal Corporation); or\n\t(ii)\tif the Pila Nguru (Aboriginal Corporation) fails to nominate members under subsubparagraph (B)—5 of whom are appointed on the nomination of the Council; and\n\t(b)\t3 must be officers of the Department.\n\t(2)\tHowever if the Pila Nguru (Aboriginal Corporation) withdraws from the co‑management agreement, the following provisions apply:\n\t(a)\tthe office of each member of the Board appointed in accordance with subregulation (1)(a)(i)(B) becomes vacant on the date of the withdrawal; and\n\t(b)\tthe Minister may appoint a member, on the nomination of the Council, to fill each of those vacancies and a member so appointed will hold office for the balance of the term of their predecessor; and\n\t(c)\tthereafter the Board will consist of 8 members appointed by the Minister of whom—\n\t(i)\t5 must be members of Maralinga Tjarutja appointed on the nomination of the Council; and\n\t(ii)\t3 must be officers of the Department.\n\t(3)\tNominations and appointments to the Board should be made, as far as reasonably practicable, in order to achieve a gender balance on the Board.\n\t(4)\tThe Minister may appoint a person to be a deputy of a member appointed under subregulation (1) and a person so appointed may act as a member of the Board in the absence of the member.\n\t(5)\tThe qualification requirements made by this regulation in relation to an appointment of a member extend to an appointment of a deputy of that member.\n6—Terms and conditions\n\t(1)\tA member of the Board will be appointed on conditions determined by the Minister and for a term, not exceeding 4 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.\n\t(2)\tThe Minister may remove a member of the Board from office—\n\t(a)\tfor breach of, or non-compliance with, a condition of appointment; or\n\t(b)\tfor misconduct; or\n\t(c)\tfor failure or incapacity to carry out official duties satisfactorily.\n\t(3)\tHowever, the Minister may only remove a member of the Board who is a member of Maralinga Tjarutja after consultation with—\n\t(a)\tin the case of a member appointed on the nomination of the Pila Nguru (Aboriginal Corporation)—the Pila Nguru (Aboriginal Corporation); or\n\t(b)\tin any other case—the Council.\n\t(4)\tThe office of a member of the Board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Board; or\n\t(e)\tis removed from office under subregulation (2).\n\t(5)\tIf a casual vacancy occurs in the office of a member, any deputy of that member may hold office for the balance of the term of their predecessor.\nNote—\nThis subregulation does not, however, prevent the Minister from instead appointing a new member to the Board under regulation 5.\n7—Presiding member and deputy presiding member\nThe Minister must appoint 1 of the members appointed under regulation 5(1)(a)(i)(A), (1)(a)(ii) or (2)(c)(i) (as the case requires) and nominated by the Council to be the presiding member of the Board, and another such member to be the deputy presiding member.\n8—Vacancies or defects in appointment of members\nAn act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n9—Remuneration\nA member of the Board is entitled to remuneration, allowances and expenses determined by the Minister.\n10—Functions and powers of Board\n\t(1)\tThe functions of the Board are—\n\t(a)\tto carry out the functions assigned to the Board by or under the National Parks and Wildlife Act 1972; and\n\t(b)\tto carry out the functions assigned to the Board by the co‑management agreement; and\n\t(c)\tto carry out other functions assigned to the Board by or under the Act, or by the Minister.\n\t(2)\tThe Board has the power to do anything necessary, expedient or incidental to the performance of its functions.\n\t(3)\tWithout limiting the generality of subregulation (2), the Board may enter into any form of contract, agreement or arrangement.\n\t(4)\tThe Board must perform its functions, or exercise a power, in a manner that is consistent with the co‑management agreement.\n\t(5)\tThe Board must not enter into an agreement that may affect the customs or traditions of the traditional owners except with the agreement of the Council.\n11—Committees\n\t(1)\tThe Board may establish committees—\n\t(a)\tto advise the Board on any matter; or\n\t(b)\tto carry out functions on behalf of the Board.\n\t(2)\tThe membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the Board.\n\t(3)\tThe Board will determine who will be the presiding member of a committee.\n\t(4)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the Board;\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the committee.\n12—Delegations\n\t(1)\tThe Board may delegate any of its functions or powers under the Act or the National Parks and Wildlife Act 1972 (other than this power of delegation)—\n\t(a)\tto a member of the Board, or an employee of the Board; or\n\t(b)\tto a committee established by the Board; or\n\t(c)\tto an employee of Maralinga Tjarutja or Pila Nguru (Aboriginal Corporation); or\n\t(d)\tto an officer of the Department.\n\t(2)\tA delegation—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be made subject to conditions and limitations specified in the instrument of delegation; and\n\t(c)\tmay be further delegated; and\n\t(d)\tis revocable at will by the delegator; and\n\t(e)\tdoes not derogate from the power of the delegator to act in a matter.\n13—Board's procedures\n\t(1)\tSubject to these regulations, 5 members (of whom at least 3 must be members of Maralinga Tjarutja and at least 1 must be an officer of the Department) constitute a quorum of the Board.\n\t(2)\tA meeting of the Board will be chaired by the presiding member or, in the absence of the presiding member, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Board must choose 1 of their number to preside at the meeting.\n\t(3)\tA decision carried by a majority of the votes cast by members of the Board at a meeting is a decision of the Board.\n\t(4)\tEach member present at a meeting of the Board has 1 vote on any question arising for decision and the member presiding at the meeting may exercise a casting vote if the votes are equal.\n\t(5)\tA conference by telephone or other electronic means between the members of the Board will, for the purposes of this regulation, be taken to be a meeting of the Board at which the participating members are present if—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Board for the purposes of this regulation; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(6)\tA proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—\n\t(a)\tnotice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and\n\t(b)\ta majority of the members express concurrence in the proposed resolution by email, letter or other written communication setting out the terms of the resolution.\n\t(7)\tThe Board must have accurate minutes kept of its meetings.\n\t(8)\tSubject to this regulation, the Board may determine its own procedures.\n14—Conflict of interest\n\t(1)\tA member of the Board who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Board—\n\t(a)\tmust, as soon as reasonably practicable, disclose in writing to the Board full and accurate details of the interest; and\n\t(b)\tmust not take part in any discussion by the Board relating to that matter; and\n\t(c)\tmust not vote in relation to that matter; and\n\t(d)\tmust be absent from the meeting room when any such discussion or voting is taking place.\nMaximum penalty: $2 000.\n\t(2)\tWithout limiting the effect of this regulation, a member will be taken to have an interest in a matter for the purposes of this regulation if an associate of the member has an interest in the matter.\n\t(3)\tThis regulation does not apply to a member of the Board—\n\t(a)\tin respect of an interest that is shared in common with traditional owners generally, or a substantial section of traditional owners; and\n\t(b)\tin relation to a matter in which the member has an interest while the member remains unaware that the member has an interest in the matter (but in any proceedings against the member the burden will lie on the member to prove that the member was not, at the material time, aware of the interest).\n\t(4)\tThe Minister may, by notice in the Gazette, exempt a member (conditionally or unconditionally) from the application of a provision of this regulation, and may, by further notice in the Gazette, vary or revoke such an exemption.\n\t(5)\tNon-compliance by a member with a duty imposed by this regulation constitutes a ground for removal of the member from office.\n\t(6)\tIf a member or former member is convicted of an offence for a contravention of this regulation, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the Minister—\n\t(a)\tif the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif the court is satisfied that any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.\n\t(7)\tIf a member or former member is guilty of a contravention of this regulation, the Minister may (whether or not proceedings have been brought for the offence) recover from the person by action in a court of competent jurisdiction—\n\t(a)\tif the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.\n\t(8)\tFor the purposes of this regulation, a person is an associate of another if—\n\t(a)\tthey are partners; or\n\t(b)\t1 is the spouse, domestic partner, parent or child of the other; or\n\t(c)\tthey are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or\n\t(d)\t1 is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or\n\t(e)\t1 is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate or other entity; or\n\t(f)\tthey are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(g)\ta chain of relationships can be traced between them under any 1 or more of the above paragraphs.\n15—Annual report (section 15G)\nFor the purposes of section 15G of the Act, the annual report of the Board must include the following:\n\t(a)\tinformation relating to traditional hunting activities in the Park carried out in accordance with section 68D of the National Parks and Wildlife Act 1972;\n\t(b)\tinformation relating to the effect of traditional hunting activities in the Park carried out in accordance with section 68D of the National Parks and Wildlife Act 1972 on native plants and protected animals, or the eggs of protected animals (and in particular those species that are scheduled as rare, endangered or vulnerable under the National Parks and Wildlife Act 1972);\n\t(c)\tinformation relating to the operations and work programs undertaken by or on behalf of the Board;\n\t(d)\tinformation relating to public access to the Park (including details of any applications by members of the public that were refused by the Board);\n\t(e)\tinformation relating to Park infrastructure;\n\t(f)\tany other information required by the Minister.\n16—Immunity from liability\n\t(1)\tSubject to subregulation (3), no civil liability attaches to a member of the Board, or an employee of the Board, for an act or omission in the exercise or purported exercise of official powers or functions.\n\t(2)\tAn action that would, but for subregulation (1), lie against a person lies instead against the Board.\n\t(3)\tThis regulation does not prejudice rights of action of the Board itself in respect of an act or omission not in good faith.\nSchedule 1—Revocation of Maralinga Tjarutja Land Rights (Establishment of Co-management Board) Regulations 2004\nThe Maralinga Tjarutja Land Rights (Establishment of Co-management Board) Regulations 2004 are revoked.\nLegislative history\nNotes\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 regulations\nYear\nNo\nReference\nCommencement\n2019\n191\nGazette 18.7.2019 p2765 \n18.7.2019: r 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing and governing the co-management Board for the Mamungari Conservation Park. The 2019 version is a consolidation and update of the 2004 regulations, with the same core scope. The only structural change is the renaming of the Board and park, and clearer contingency provisions for Pila Nguru participation — these are refinements rather than scope expansion."},"complexity_factors":["Multiple appointment pathways with conditional logic (regulation 5): default 3+2 split between Council and Pila Nguru nominees, fallback to 5 Council nominees if Pila Nguru don't nominate, and separate rules if Pila Nguru withdraw entirely","Cross-references to three other Acts: Maralinga Tjarutja Land Rights Act 1984 (SA), National Parks and Wildlife Act 1972 (SA), and Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)","Nested definitions in interpretation section including 'associate' with 7 sub-paragraphs for conflict of interest purposes (regulation 14(8))","Quorum requirements specify minimum numbers from each stakeholder group (regulation 13(1))","Multiple mechanisms for decision-making: formal meetings, telephone/electronic conferences, and written resolutions without meetings (regulation 13(5)-(6))","Conflict of interest provisions include exceptions, exemptions, criminal penalties, civil recovery mechanisms, and removal from office as separate consequences"],"plain_english_summary":"These regulations set up the rules for how the **Mamungari Conservation Park Co-management Board** operates. This Board is a group of people who jointly manage a large conservation park in remote South Australia (the Mamungari Conservation Park, formerly known as the Unnamed Conservation Park on Maralinga lands).\n\n**Who is on the Board?**\n- **8 members total**, appointed by the Minister:\n  - **5 members from Maralinga Tjarutja** (the traditional owners). Normally this includes 3 nominated by the Maralinga Tjarutja Council and 2 Pila Nguru people nominated by the Pila Nguru Aboriginal Corporation. If the Pila Nguru don't nominate anyone, all 5 come from the Council.\n  - **3 government officers** from the Department responsible for national parks.\n- If the Pila Nguru withdraw from the co-management agreement, their 2 seats become vacant and are filled by Council nominees instead.\n- The Minister should try to achieve **gender balance** when making appointments.\n\n**What does the Board do?**\n- Manages the park under the *National Parks and Wildlife Act 1972* (SA) and a **co-management agreement** between the traditional owners and the government.\n- Can form committees, delegate powers, enter contracts, and make decisions by majority vote.\n- Must respect traditional customs — it can't make agreements affecting traditional owners' customs without the Council's consent.\n\n**Key rules for members:**\n- Serve up to **4-year terms**, can be reappointed.\n- Can be removed for misconduct, breach of conditions, or failing to do their job properly.\n- Must disclose and avoid voting on matters where they have a **conflict of interest** (personal or financial stake), with fines up to $2,000 for breaches.\n- Protected from personal lawsuits when acting in good faith in their official role.\n\n**Why it matters:**\nThis is an example of **Indigenous co-management** — where traditional owners share power with government to look after country. It recognises Aboriginal authority over land while meeting conservation goals. The regulations ensure the Board runs fairly, transparently, and with proper accountability to both the community and government."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These regulations revoke the 2004 establishment regulations (Schedule 1) and continue the existing co‑management board under a new name (reg 4). They recast membership composition, nomination contingencies for Pila Nguru, appointment/removal procedures, reporting requirements, delegation powers and conflict‑of‑interest rules (regs 5–16). Mechanically, the instrument therefore replaces and clarifies the board’s governance and operational scope rather than merely preserving the prior text unchanged."},"complexity_factors":["Cross‑references to other statutes and instruments (Maralinga Tjarutja Land Rights Act 1984; National Parks and Wildlife Act 1972) creating layered obligations and delegations (regs 3 definition, 10(1), 12(1)).","Conditional nomination and fallback mechanics for Pila Nguru representation and withdrawal (reg 5(1)(a)(i)(B), 5(1)(a)(ii), 5(2)).","Ministerial discretion over appointments, terms, conditions, removals, remuneration and exemptions from conflict rules (regs 6(1)–(3), 9, 14(4)).","Detailed conflict‑of‑interest regime with criminal penalty, civil recovery and removal grounds (reg 14(1), (5)–(7)).","Delegation framework permitting multi‑layer delegations and revocation, including to non‑Board employees and Aboriginal corporations (reg 12).","Governance mechanics for quorums, voting, remote participation and written resolutions (reg 13(1), (5)–(6)).","Reporting obligations tied to statutory provision (section 15G) with specified content about hunting, species impact, access and infrastructure (reg 15).","Immunity clause shifting civil liability onto the Board with exceptions for lack of good faith (reg 16)."],"plain_english_summary":"These regulations replace earlier rules and continue the Mamungari Conservation Park Co‑management Board, setting who sits on the Board, how members are appointed, removed and paid, and how the Board must operate. They govern the Board’s powers to contract and delegate, require annual reporting on hunting, access and infrastructure, and set conflict‑of‑interest, meeting and immunity rules. Key decision and appointment power rests with the Minister; the rules directly affect Maralinga Tjarutja members, Pila Nguru nominees, Department officers and Park users."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No assessment of scope change is possible — the full text of the regulations could not be retrieved. Based on the title, the regulations appear to be a focused, purpose-built instrument consistent with their stated subject matter: governing the co-management board for Mamungari Conservation Park under the Maralinga Tjarutja Land Rights Act."},"complexity_factors":["Actual legislative text was unavailable due to a broken/outdated URL — analysis is based on title inference only","Regulations sit beneath a parent Act (Maralinga Tjarutja Land Rights Act 1984), adding a layer of legislative hierarchy to understand","Co-management arrangements involve both Aboriginal land rights law and environmental/parks law, which are distinct legal frameworks","Intersection of state law, Native Title considerations, and land rights adds conceptual complexity","Score kept low because regulations of this type (board governance rules) are typically procedural and straightforward in content"],"plain_english_summary":"The regulations' text couldn't be retrieved from the South Australian site, so this summary is based on the instrument's title and context rather than the actual wording.\n\nLikely establishing how a Maralinga Tjarutja–state co‑management board for Mamungari Conservation Park will operate, it would affect Maralinga Tjarutja Traditional Owners, state park managers and those using the park, because it governs shared decision‑making, membership and operational responsibilities for managing the large protected area."}},"importantCases":[],"_links":{"self":"/api/acts/maralinga-tjarutja-land-rights-mamungari-conservation-park-co-management-board-regulations-2019","history":"/api/acts/maralinga-tjarutja-land-rights-mamungari-conservation-park-co-management-board-regulations-2019/history","analysis":"/api/acts/maralinga-tjarutja-land-rights-mamungari-conservation-park-co-management-board-regulations-2019/analysis","conflicts":"/api/acts/maralinga-tjarutja-land-rights-mamungari-conservation-park-co-management-board-regulations-2019/conflicts","importantCases":"/api/acts/maralinga-tjarutja-land-rights-mamungari-conservation-park-co-management-board-regulations-2019/important-cases","documents":"/api/acts/maralinga-tjarutja-land-rights-mamungari-conservation-park-co-management-board-regulations-2019/documents"}}