sec.50Entry on trust area etc. by non-residents

### sec.50 Entry on trust area etc. by non-residents A person may, for a lawful purpose, enter and be in a place within a trust area if— the place is an accessible place; or the place is another place that the community government or indigenous regional council for the trust area has decided, by resolution, is a place to which persons who are not residents of the trust area may have access. Without limiting subsection (1) , a person may enter and be in a place within a trust area that a resident of the trust area may enter and be in if the person enters or is in the place as a guest, or at the request of, a resident of the trust area. Despite subsection (1) (a) , if immediately before the commencement of this section, a native title holder could have entered and been in a place within a trust area in the exercise of the holder’s native title rights and interests in relation to the place, the holder may continue to enter and be in the place in the exercise of the rights and interests. A resolution may be made under subsection (1) (b) for a place that is Aboriginal or Torres Strait Islander land only with the written consent of the grantee of the land. Subsection (6) applies to a person if— the person— is not a resident of a trust area; and is permitted under the Aboriginal Land Act 1991 to enter and be on Aboriginal land (the Aboriginal land area ), or is permitted under the Torres Strait Islander Land Act 1991 to enter and be on Torres Strait Islander land (the Torres Strait Islander land area ); and the Aboriginal or Torres Strait Islander land area is situated within the trust area. The person may enter and be in another part of the trust area for the purpose of entering the Aboriginal or Torres Strait Islander land area. In this section— accessible place means— a road; or a park; or a boat ramp or landing; or an airport; or a building open to the public, whether or not on payment of money. airport includes— an aerodrome, airfield and landing strip; and another place used for the landing or parking of aircraft; and a tarmac. landing includes jetty, pontoon and wharf. road includes a State-controlled road under the Transport Infrastructure Act 1994 . s 50 prev s 50 ins 1999 No. 53 s 8 amd 2000 No. 20 s 29 sch 3 ; 2001 No. 49 s 8 om 2004 No. 37 s 86 sch 1 pres s 50 ins 2002 No. 46 s 12 sub 2004 No. 37 s 86 sch 1 amd 2007 No. 59 s 28 (sec.50-ssec.1) A person may, for a lawful purpose, enter and be in a place within a trust area if— the place is an accessible place; or the place is another place that the community government or indigenous regional council for the trust area has decided, by resolution, is a place to which persons who are not residents of the trust area may have access. (sec.50-ssec.2) Without limiting subsection (1) , a person may enter and be in a place within a trust area that a resident of the trust area may enter and be in if the person enters or is in the place as a guest, or at the request of, a resident of the trust area. (sec.50-ssec.3) Despite subsection (1) (a) , if immediately before the commencement of this section, a native title holder could have entered and been in a place within a trust area in the exercise of the holder’s native title rights and interests in relation to the place, the holder may continue to enter and be in the place in the exercise of the rights and interests. (sec.50-ssec.4) A resolution may be made under subsection (1) (b) for a place that is Aboriginal or Torres Strait Islander land only with the written consent of the grantee of the land. (sec.50-ssec.5) Subsection (6) applies to a person if— the person— is not a resident of a trust area; and is permitted under the Aboriginal Land Act 1991 to enter and be on Aboriginal land (the Aboriginal land area ), or is permitted under the Torres Strait Islander Land Act 1991 to enter and be on Torres Strait Islander land (the Torres Strait Islander land area ); and the Aboriginal or Torres Strait Islander land area is situated within the trust area. (sec.50-ssec.6) The person may enter and be in another part of the trust area for the purpose of entering the Aboriginal or Torres Strait Islander land area. (sec.50-ssec.7) In this section— accessible place means— a road; or a park; or a boat ramp or landing; or an airport; or a building open to the public, whether or not on payment of money. airport includes— an aerodrome, airfield and landing strip; and another place used for the landing or parking of aircraft; and a tarmac. landing includes jetty, pontoon and wharf. road includes a State-controlled road under the Transport Infrastructure Act 1994 . - (a) the place is an accessible place; or - (b) the place is another place that the community government or indigenous regional council for the trust area has decided, by resolution, is a place to which persons who are not residents of the trust area may have access. - (a) the person— (i) is not a resident of a trust area; and (ii) is permitted under the Aboriginal Land Act 1991 to enter and be on Aboriginal land (the Aboriginal land area ), or is permitted under the Torres Strait Islander Land Act 1991 to enter and be on Torres Strait Islander land (the Torres Strait Islander land area ); and - (i) is not a resident of a trust area; and - (ii) is permitted under the Aboriginal Land Act 1991 to enter and be on Aboriginal land (the Aboriginal land area ), or is permitted under the Torres Strait Islander Land Act 1991 to enter and be on Torres Strait Islander land (the Torres Strait Islander land area ); and - (b) the Aboriginal or Torres Strait Islander land area is situated within the trust area. - (i) is not a resident of a trust area; and - (ii) is permitted under the Aboriginal Land Act 1991 to enter and be on Aboriginal land (the Aboriginal land area ), or is permitted under the Torres Strait Islander Land Act 1991 to enter and be on Torres Strait Islander land (the Torres Strait Islander land area ); and - (a) a road; or - (b) a park; or - (c) a boat ramp or landing; or - (d) an airport; or - (e) a building open to the public, whether or not on payment of money. - (a) an aerodrome, airfield and landing strip; and - (b) another place used for the landing or parking of aircraft; and - (c) a tarmac.