{"id":"reserves-tjuntjuntjara-community-act-2018","name":"Reserves (Tjuntjuntjara Community) Act 2018","slug":"reserves-tjuntjuntjara-community-act-2018","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109847,"registerId":"wa-reserves-tjuntjuntjara-community-act-2018-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Reserves (Tjuntjuntjara Community) Act 2018","content":"![Crest]()Western Australia\n\nReserves (Tjuntjuntjara Community) Act 2018\n\nWestern Australia\n\nReserves (Tjuntjuntjara Community) Act 2018\n\nContents\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 2\n\n4. Great Victoria Desert Nature Reserve boundary amended 3\n\n5. Great Victoria Desert Nature Reserve — Tjuntjuntjara Community land excised 3\n\n6. Registrar of Titles to take certain measures 3\n\n7. *Residential Tenancies Act 1987* not applicable to Tjuntjuntjara Community lease 3\n\n8. Proposed easement over Great Victoria Desert Nature Reserve 4\n\n9. Mining on Tjuntjuntjara Community land 4\n\n10. Petroleum and geothermal energy operations on Tjuntjuntjara Community land 6\n\nSchedule 1 — Great Victoria Desert Nature Reserve (for information purposes only)\n\nNotes\n\nCompilation table 9\n\nDefined terms\n\n  \n\nWestern Australia\n\nReserves (Tjuntjuntjara Community) Act 2018\n\nAn Act —\n\n- to excise an area from Reserve 30490 so that a lease over the excised area can be granted by the Minister for the use and benefit of the Tjuntjuntjara Community; and\n- for related purposes.\n\n\nThe Parliament of Western Australia enacts as follows:\n\n##### 1. Short title\n\nThis is the *Reserves (Tjuntjuntjara Community) Act 2018*.\n\n##### 2. Commencement\n\nThis Act comes into operation as follows —\n\n(a) sections 1 to 4 and 6 — on the day on which this Act receives the Royal Assent;\n\n(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.\n\n##### 3. Terms used\n\nIn this Act —\n\nDeposited Plan, followed by a number, means the deposited plan of that number —\n\n(a) lodged with the Western Australian Land Information Authority established by the *Land Information Authority Act 2006* section 5 (the Authority); and\n\n(b) available in electronic form on the Authority’s official website;\n\nGreat Victoria Desert Nature Reserve means Reserve 30490, being an area of about 2 495 777 hectares that is a class A nature reserve (as defined in the *Land Administration Act 1997* section 45(1));\n\nRegistrar of Titles means the Registrar of Titles referred to in the *Transfer of Land Act 1893* section 7;\n\nTjuntjuntjara Community land means Lot 9 on Deposited Plan 220992 comprising an area of 78 578 hectares;\n\nTjuntjuntjara Community lease means a lease granted by the Minister under the *Land Administration Act 1997* section 83(1) over the Tjuntjuntjara Community land;\n\nunallocated Crown land has the meaning given in the *Land Administration Act 1997* section 3(1).\n\n##### 4. Great Victoria Desert Nature Reserve boundary amended\n\n(1) The Great Victoria Desert Nature Reserve is amended by correcting the description of its eastern boundary (as published in the *Gazette* on 21 August 1970 at p. 2620‑1) by deleting the words “situate 2 chains 46 links west and” and “in the State of South Australia”.\n\n(2) The amendment does not affect the area of the reserve.\n\n##### 5. Great Victoria Desert Nature Reserve — Tjuntjuntjara Community land excised\n\n(1) The Great Victoria Desert Nature Reserve is amended by excising the Tjuntjuntjara Community land.\n\n(2) The Great Victoria Desert Nature Reserve, as amended by subsection (1), comprises an area of 2 417 201 hectares being the land in Lot 300 on Deposited Plan 403087 version 2.\n\n(3) The boundaries of the Great Victoria Desert Nature Reserve as amended by subsection (1) are shown, for information purposes, on the plan in Schedule 1 but subsection (2) prevails if there is any inconsistency.\n\n##### 6. Registrar of Titles to take certain measures\n\n(1) The Registrar of Titles must take any necessary measures to register the amendments effected by sections 4 and 5.\n\n(2) For the purposes of subsection (1), sections 4 and 5 may be treated as if they were orders under the *Land Administration Act 1997*.\n\n##### 7. *Residential Tenancies Act 1987* not applicable to Tjuntjuntjara Community lease\n\nA Tjuntjuntjara Community lease is not a residential tenancy agreement for the purposes of the *Residential Tenancies Act 1987* section 3.\n\n##### 8. Proposed easement over Great Victoria Desert Nature Reserve\n\n(1) In this section —\n\naccess easement means the easement shown on Deposited Plan 414191 version 2 providing access over that part of the Great Victoria Desert Nature Reserve shown on that plan and benefitting the holder of a leasehold interest granted by a Tjuntjuntjara Community lease.\n\n(2) The *Land Administration Act 1997* section 44 does not apply to a proposal by the Minister to grant the access easement.\n\n(3) For the purposes of the *Transfer of Land Act 1893* section 81S(2)(b), the Registrar of Titles may register the access easement as if the *Land Administration Act 1997* section 44 had been complied with.\n\n##### 9. Mining on Tjuntjuntjara Community land\n\n(1) In this section —\n\nmining has the meaning given in the *Mining Act 1978* section 8(1);\n\nmining tenement has the meaning given in the *Mining Act 1978* section 8(1);\n\nMinister for Mines means the Minister to whom the administration of the *Mining Act 1978* is committed by the Governor.\n\n(2) This section is in addition to the provisions of the *Mining Act 1978*.\n\n(3) It is a condition of each mining tenement granted in respect of the Tjuntjuntjara Community land that the holder of the tenement must not carry out mining on or under that land unless it is carried out in accordance with the consent of the Minister for Mines given under subsection (4)(b).\n\n(4) The Minister for Mines may, if asked to consent to mining for the purposes of subsection (3) —\n\n(a) refuse to give consent; or\n\n(b) give written consent subject to the terms and conditions (if any) that the Minister for Mines specifies in the consent.\n\n(5) Before giving consent under subsection (4)(b), whether conditionally or unconditionally, the Minister for Mines must consult with, and obtain the recommendations of, the following —  \n\n(a) the Minister to whom the administration of the *Conservation and Land Management Act 1984* is committed by the Governor;\n\n(b) any person holding a Tjuntjuntjara Community lease or in whom the control and management of the land is vested or placed;\n\n(c) if the Tjuntjuntjara Community land is unallocated Crown land, the Minister to whom the administration of the *Land Administration Act 1997* is committed by the Governor.\n\n(6) A mining tenement referred to in subsection (3) is liable to be forfeited under the *Mining Act 1978* section 96, 96A or 97 (as the case requires) if the holder of the tenement contravenes the condition imposed by subsection (3).\n\n(7) For the purposes of subsection (6), in the *Mining Act 1978* section 96(2) “the requirements of this Act” includes a reference to the condition imposed by subsection (3).\n\n##### 10. Petroleum and geothermal energy operations on Tjuntjuntjara Community land\n\n(1) In this section —\n\ngeothermal energy operation has the meaning given in the *Petroleum and Geothermal Energy Resources Act 1967* section 5(1);\n\ngeothermal title has the meaning given in the *Petroleum and Geothermal Energy Resources Act 1967* section 69A(1);\n\nMinister for Petroleum means the Minister to whom the administration of the *Petroleum and Geothermal Energy Resources Act 1967* is committed by the Governor;\n\npetroleum operation has the meaning given in the *Petroleum and Geothermal Energy Resources Act 1967* section 5(1);\n\npetroleum title has the meaning given in the *Petroleum and Geothermal Energy Resources Act 1967* section 69A(1);\n\nregistered holder has the meaning given in the *Petroleum and Geothermal Energy Resources Act 1967* section 5(1).\n\n(2) This section —\n\n(a) is in addition to the provisions of the *Petroleum and Geothermal Energy Resources Act 1967*; and\n\n(b) applies despite the *Petroleum and Geothermal Energy Resources Act 1967* section 15(1).\n\n(3) It is a condition of each petroleum title or geothermal title granted in respect of the Tjuntjuntjara Community land that the registered holder of the title must not carry out a petroleum operation or geothermal energy operation on or under that land unless it is carried out in accordance with the consent of the Minister for Petroleum given under subsection (4)(b).\n\n(4) The Minister for Petroleum may, if asked to consent to a petroleum operation or geothermal energy operation for the purposes of subsection (3) —\n\n(a) refuse to give consent; or\n\n(b) give written consent subject to the terms and conditions (if any) that the Minister for Petroleum specifies in the consent.\n\n(5) Before giving consent under subsection (4)(b), whether conditionally or unconditionally, the Minister for Petroleum must consult with, and obtain the recommendations of, the following —  \n\n(a) the Minister to whom the administration of the *Conservation and Land Management Act 1984* is committed by the Governor;\n\n(b) any person holding a Tjuntjuntjara Community lease or in whom the control and management of the land is vested or placed;\n\n(c) if the Tjuntjuntjara Community land is unallocated Crown land, the Minister to whom the administration of the *Land Administration Act 1997* is committed by the Governor.\n\n(6) A petroleum title or geothermal title referred to in subsection (3) is liable to be cancelled under the *Petroleum and Geothermal Energy Resources Act 1967* section 99, 105 or 106 (as the case requires) if the registered holder of the title contravenes the condition imposed by subsection (3).\n\nSchedule 1 — Great Victoria Desert Nature Reserve (for information purposes only)\n\n[s. 5(3)]\n\n![]()\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Reserves (Tjuntjuntjara Community) Act 2018*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Reserves (Tjuntjuntjara Community) Act 2018* | 40 of 2018 | 12 Dec 2018 | s. 1‑4 and 6: 12 Dec 2018 (see s. 2(a));   Act other than s. 1‑4 and 6: 24 Dec 2022 (see s. 2(b) and SL 2022/213 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\naccess easement 8(1)\n\nAuthority 3\n\nDeposited Plan 3\n\ngeothermal energy operation 10(1)\n\ngeothermal title 10(1)\n\nGreat Victoria Desert Nature Reserve 3\n\nmining 9(1)\n\nmining tenement 9(1)\n\nMinister for Mines 9(1)\n\nMinister for Petroleum 10(1)\n\npetroleum operation 10(1)\n\npetroleum title 10(1)\n\nregistered holder 10(1)\n\nRegistrar of Titles 3\n\nTjuntjuntjara Community land 3\n\nTjuntjuntjara Community lease 3\n\nunallocated Crown land 3\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the legislative text, explanatory memorandum, and amendment history are all inaccessible due to the page being unavailable. No determination can be made."},"complexity_factors":["Actual legislative text is unavailable — the source page has been removed from the WA legislation website","No provisions, schedules, definitions or operative clauses can be assessed","Complexity score reflects the inability to analyse the law rather than the law itself being simple — the underlying subject matter (reserve land, Aboriginal community rights) can involve layered federal and state legal frameworks","Interaction with Commonwealth legislation such as the Aboriginal Land Rights Act or Native Title Act 1993 cannot be assessed without the text","Score of 2 assigned due to complete absence of analysable content, not a finding that the law is straightforward"],"plain_english_summary":"The Reserves (Tjuntjuntjara Community) Act 2018 is Western Australian legislation concerning Crown reserve land tied to the Tjuntjuntjara Aboriginal community. It likely establishes or changes legal control or management of those reserves, affecting community members, WA land-management agencies, and others using the area. Such laws shape who controls, accesses, and makes decisions about the land; however, the legislative text is currently unavailable, so specific rights and obligations cannot be confirmed."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act implements its stated purpose—to excise land for a Tjuntjuntjara Community lease—and includes ancillary measures needed to operationalise that change: boundary correction and registration (ss 4–6), a tenure exemption (s 7), an easement registration pathway (s 8), and consent regimes for mining/petroleum with enforcement links to existing Acts (ss 9–10). These measures fall within the Act’s described “related purposes.”"},"complexity_factors":["Land boundary correction and excision interacting with land titling systems (ss 4–6).","Creation of a community lease outside the Residential Tenancies Act (s 7) — changes legal regime for occupiers.","Ministerial consent requirement for mining tenements with mandatory consultation and discretionary terms (s 9(3)–(5)).","Penalties tied into existing statutory enforcement regimes (forfeiture under the Mining Act and cancellation under the Petroleum Act) increasing cross‑statutory complexity (s 9(6)–(7), s 10(6)).","Overrides of normal Land Administration Act procedures to permit an access easement to be granted/registered (s 8(2)–(3)).","Multiple interlocking statutes engaged: Land Administration Act 1997, Mining Act 1978, Petroleum and Geothermal Energy Resources Act 1967, Transfer of Land Act 1893 and Residential Tenancies Act 1987.","Operational complexity from required inter‑ministerial and stakeholder consultations before consent (ss 9(5), 10(5)).","Administrative actions required of Registrar of Titles to give effect to statutory changes (s 6)."],"plain_english_summary":"This Act mechanically excises 78,578 hectares from the Great Victoria Desert Nature Reserve so the Minister can grant a lease to the Tjuntjuntjara Community, directs the Registrar of Titles to register that amendment, and exempts the new community lease from the Residential Tenancies Act (ss 5–7). \n\nIt also requires ministerial consent (with specified consultation) before any mining, petroleum or geothermal operations on the excised land, allows an access easement to be registered despite normal Land Administration procedures, and makes breach of consent conditions a ground for forfeiture or cancellation (ss 8–10)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the excision of land from the Great Victoria Desert Nature Reserve for the Tjuntjuntjara Community and establishing the necessary consequential arrangements regarding mining, petroleum, and land tenure. The provisions regarding mining and petroleum controls, while detailed, are directly related to protecting the community's interests in the excised land and do not represent scope creep beyond the original intent."},"complexity_factors":["Multiple cross-references to other WA statutes (Land Administration Act 1997, Mining Act 1978, Petroleum and Geothermal Energy Resources Act 1967, Residential Tenancies Act 1987, Conservation and Land Management Act 1984)","Nested conditional logic in sections 9 and 10 requiring ministerial consent with mandatory consultation requirements","Technical land description amendments involving deposited plans and gazettal references from 1970","Dual commencement provisions with proclamation-dependent timing for key sections","Creation of parallel regulatory regimes that operate 'in addition to' rather than replacing existing mining/petroleum laws"],"plain_english_summary":"This Western Australian law creates a special legal framework for the Tjuntjuntjara Community, an Aboriginal community in the remote Great Victoria Desert.\n\n**What it does:**\n- **Carves out land from a nature reserve**: It removes about 78,500 hectares from the Great Victoria Desert Nature Reserve (one of Australia's largest nature reserves) so this land can be leased to the Tjuntjuntjara Community for their use.\n- **Fixes a boundary error**: Corrects a technical mistake in the reserve's eastern boundary description dating back to 1970.\n- **Creates special mining and petroleum rules**: Any mining or gas exploration on this land requires specific ministerial consent, with mandatory consultation with the community leaseholders and environment ministers. This adds an extra layer of protection beyond normal mining laws.\n- **Exempts from tenancy laws**: Residential tenancy laws don't apply to housing on this land, recognising that community-managed housing operates differently from standard landlord-tenant arrangements.\n- **Allows access easements**: Lets the Minister grant access rights over the nature reserve to benefit the community without needing to follow usual procedural requirements.\n\n**Who it affects:**\n- The Tjuntjuntjara Community (Spinifex people), who gain secure tenure over their traditional lands\n- Mining and petroleum companies wanting to operate in this area\n- The WA Government (multiple ministers must coordinate decisions)\n\n**Why it matters:**\nThis is a practical land rights settlement. It allows an isolated Aboriginal community to get formal control over their country while balancing conservation (the land was previously locked in a nature reserve) and economic interests (mining can still occur, but only with community involvement). The special consent requirements give the community a veto-like power over resource extraction on their land."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/reserves-tjuntjuntjara-community-act-2018","history":"/api/acts/reserves-tjuntjuntjara-community-act-2018/history","analysis":"/api/acts/reserves-tjuntjuntjara-community-act-2018/analysis","conflicts":"/api/acts/reserves-tjuntjuntjara-community-act-2018/conflicts","importantCases":"/api/acts/reserves-tjuntjuntjara-community-act-2018/important-cases","documents":"/api/acts/reserves-tjuntjuntjara-community-act-2018/documents"}}