Aboriginal Lands Trust Act 2013 (South Australia)

Mechanically, the Aboriginal Lands Trust Act 2013 (SA) (the Act) continues the Aboriginal Lands Trust as a corporate instrumentality of the Crown (s9), restates its powers to acquire, hold and deal with land, and establishes a new statutory architecture for governance, financial reporting, land administration, mining and substance control on Trust Land. Key mechanical changes and institutions created by the Act are:

Continuation and corporate form of the Trust, with perpetual succession, common seal and capacity to sue and be sued (s9(1)-(2)).
A membership, appointment and selection process for an 8‑member Trust composed of Aboriginal persons with specified collective skills, appointed by the Governor on Ministerial nomination following an expressions of interest and selection panel process (ss10-13, 12(1)).
A Chief Executive and Trust staff on terms determined by the Trust, with an express allowance to require or prefer an Aboriginal person for the Chief Executive role notwithstanding other equal opportunity laws (ss25-27, 25(3)).
A statutory Register of Trust Land to be maintained by the Trust and made publicly inspectable (s42).
A rule of inalienability of Trust Land except where the Act allows dealing, and an explicit procedure for disposal that requires a resolution of both Houses of Parliament and compliance with native title requirements (s43, s44(1)-(3), s41(1)).
Definitions of "deal with Trust Land" that include transfer of fee simple, grant of lease, mortgage, licence and other interests as prescribed (s3(3)).
Detailed delegation rules and conflict disclosure obligations that apply to the Minister and the Trust, with monetary penalties for non‑disclosure (s7, s19).

South Australia Aboriginal Lands Trust Act 2013 An Act to continue the Aboriginal Lands Trust; to enable the Trust to acquire, hold and deal with land for the continuing benefit of Aboriginal South Australians; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Interaction between this Act and certain other Acts and laws 5 Objects 6 Principles 7 Power of delegation 8 Consultation Part 2—The Aboriginal Lands Trust Division 1—The Trust 9 Continuation of Trust 10 Expressions of interest 11 Selection panel 12 Composition of Trust 13 Presiding member and deputy presiding member 14 Conditions of membership 15 Allowances and expenses 16 Validity of acts 17 Functions of Trust 18 Committees 19 Power of delegation 20 Trust's procedures 21 Trust Fund and Trust moneys 22 Accounts and audit 23 Annual report 24 Minister may require Trust to provide report Division 2—Chief Executive and other staff 25 Chief Executive 26 Functions of Chief Executive 27 Staff of Trust 28 Use of facilities Division 3—Direction and suspension of Trust 29 Minister may direct Trust to take certain action etc 30 Minister may suspend Trust in certain circumstances 31 Use of facilities 32 Offence Part 3—Commercial Development Advisory Committee 33 Commercial Development Advisory Committee 34 Presiding member 35 Conditions of membership 36 Allowances and expenses 37 Validity of acts 38 Functions of Commercial Development Advisory Committee 39 Procedures of Commercial Development Advisory Committee 40 Use of facilities Part 4—Trust Land Division 1—Acquiring Trust Land 41 Transfer of certain land to Trust 42 Register of Trust Land Division 2—Dealing with Trust Land 43 Inalienability of Trust Land 44 Dealing with Trust Land Division 3—Trust may appoint person to manage Trust Land 45 Trust may appoint person or body to manage Trust Land 46 Manager may direct lessee 47 Offences Part 5—Commercial and other activities of Trust 48 Trust may enter into commercial transactions etc as it thinks fit Part 6—Regulation of liquor and other substances on Trust Land 49 Regulations may prohibit consumption etc of regulated substances on Trust Land 50 Application of the Public Intoxication Act 1984 to certain Trust Land Part 7—Mining operations etc on Trust Land 51 Interpretation 52 Interaction between this Act and mining Acts 53 Permission required to carrying out mining operations etc on Trust Land 54 Arbitration 55 Royalty 56 Certain payments or other consideration to Trust must represent fair compensation Part 8—Delivery of services under Local Government Act 1999 and Outback Communities (Administration and Management) Act 2009 57 Trust to liaise with councils etc Part 9—Dispute resolution 58 Conciliator 59 Dispute resolution by conciliator 60 Order compelling compliance with direction of conciliator Part 10—Miscellaneous 61 Exemption from stamp duty 62 Liability of directors 63 General defence 64 Confidentiality 65 Service 66 Evidentiary provision 67 Review of Trust Land 68 Review of Act by Aboriginal Lands Parliamentary Standing Committee 69 Regulations Schedule 1—Transitional provisions Part 6—Transitional provisions 7 Offices of Trust vacated on commencement of Act 8 Transfer of employment of Trust staff 9 Appointment of managers of Trust Land under repealed Act to continue 10 Continuation of leases and licences 11 Transitional provision for purposes of section 49 12 Transitional provisions for purposes of section 50 13 Transitional provisions—mining Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Aboriginal Lands Trust Act 2013. 3—Interpretation (1) In this Act— Aboriginal Lands Trust or Trust means the Aboriginal Lands Trust constituted under the repealed Act and continued in existence under section 9; administrator means an administrator appointed under section 30; Chief Executive, of the Trust, means the Chief Executive from time to time appointed under section 25; Commercial Development Advisory Committee means the Commercial Development Advisory Committee established under section 33; conciliator means the conciliator for the purposes of this Act appointed under section 58; deal with Trust Land—see subsection (3); determination of native title has the same meaning as in the Native Title Act 1993 of the Commonwealth; manager of Trust Land means a person or body appointed as the manager of the relevant Trust Land under section 45; native title holder, in respect of particular Trust Land, means a native title holder in respect of the Trust Land within the meaning of the Native Title (South Australia) Act 1994; Register means the Register kept in accordance with section 42; repealed Act means the Aboriginal Lands Trust Act 1966; representative body has the same meaning as in the Native Title Act 1993 of the Commonwealth; Trust Fund means the fund established for the purposes of section 21; Trust Land means— (a) any land currently owned by the Trust that was Trust Land within the meaning of the repealed Act (as in force immediately before the commencement of this section); and (b) any land transferred to the Trust pursuant to section 41; and (c) any other land owned by the Trust that is declared by the regulations to be Trust Land, but does not include land declared by the regulations not to be Trust Land. (2) Unless the contrary intention appears, a reference in this Act to Trust Land will be taken to include a reference to a part of Trust Land. (3) For the purposes of this Act, to deal with Trust Land means— (a) to transfer or grant the fee simple of the Trust Land; or (b) to grant a lease over the Trust Land; or (c) to mortgage the Trust Land; or (d) to grant a licence in relation to the Trust Land; or (e) to create other interests in or over the Trust Land of a kind declared by the regulations to be included in the ambit of this subsection, in accordance with this Act (and a dealing with Trust Land has a corresponding meaning). 4—Interaction between this Act and certain other Acts and laws (1) If the provisions of this Act are inconsistent with the Real Property Act 1886, this Act prevails to the extent of the inconsistency. (2) For the purpose of determining whether particular Trust Land is a public place within the meaning of some other Act or law, any restrictions under this Act in respect of accessing the Trust Land will be disregarded. (3) For the purposes of the Road Traffic Act 1961, the Motor Vehicles Act 1959 or the Australian Road Rules, a reference in those Acts or Rules to a road will be taken to include a reference to any road on Trust Land. 5—Objects The objects of this Act include— (a) enabling the Trust to acquire, hold and deal with Trust Land in accordance with this Act for the continuing benefit of Aboriginal South Australians; and (b) ensuring that Trust Land is not alienated except in accordance with this Act; and (c) establishing mechanisms for the efficient and effective administration of the Trust; and (d) providing for the efficient and effective management and development of Trust Land; and (e) ensuring Aboriginal people with an interest in particular Trust Land are consulted, and their views considered, in any decisions relating to that Trust Land; and (f) increasing opportunities for economic development on Trust Land. 6—Principles The following principles apply in relation to the operation and administration of this Act: (a) Aboriginal interests in Trust Land should be accounted for and reflected in any decision‑making relating to the Trust Land; (b) Aboriginal and other people with an interest in Trust Land are entitled to be consulted in respect of decisions under the Act that may affect them; (c) Aboriginal people with interests in Trust Land are entitled to improve their economic well‑being through the management and development of the Trust Land in accordance with this Act; (d) the Trust and Trust Land should, where appropriate, be administered, managed and developed in a way that strengthens the relationships between Aboriginal communities and the Trust; (e) the Trust and Trust Land should be administered, managed and developed in a way that strengthens Aboriginal communities and enables them to widen their regional involvement; (f) Trust Land should be managed and developed in a way that preserves and protects Aboriginal heritage in accordance with the Aboriginal Heritage Act 1988 and any other relevant Act or law; (g) the Trust should be administered in a way that complies with appropriate standards of good governance, transparency and financial accountability; (h) Trust Land should, where appropriate, be administered, managed and developed in a way that achieves improved environmental outcomes on the Trust Land, including through the adoption of good natural resources management practices; (i) Trust Land should be administered, managed and developed in a way that, insofar as may be appropriate, optimises the overall value of Trust Land. 7—Power of delegation (1) The Minister may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Minister to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (4) A person to whom a function has been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform the functions must disclose the nature of the interest in writing to the Minister. Maximum penalty: $20 000. (5) It is a defence to a charge of an offence against subsection (4) for the defendant to prove that he or she was not, at the time of the alleged offence, aware of his or her interest in the matter. 8—Consultation A requirement under this Act that the Trust consult with a specified person or body in respect of particular Trust Land in accordance with this section will be taken to require the Trust to consult, in accordance with any requirements set out in the regulations, with each of the following persons and groups: (a) Aboriginal persons who, in accordance with Aboriginal tradition, have social, economic and spiritual affiliations with, and responsibilities for, the Trust Land or any part of it (including, but not limited to, native title holders in respect of the land); (b) residents on the Trust Land; (c) any other person with an interest in the Trust Land, (however nothing in this section operates to give priority in any matter to a particular person or group of persons). Part 2—The Aboriginal Lands Trust Division 1—The Trust 9—Continuation of Trust (1) Subject to this section, the Aboriginal Lands Trust continues in existence. Note— The Trust was constituted under the Aboriginal Lands Trust Act 1966. (2) The Trust— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) can sue and be sued in its corporate name; and (d) subject to this Act, can enter into contracts and arrangements (including commercial contracts and arrangements); and (e) is an instrumentality of the Crown; and (f) has the functions and powers assigned or conferred by or under this or any other Act. (3) If a document appears to bear the common seal of the Trust, it will be presumed, in the absence of proof to the contrary, that the common seal of the Trust was duly fixed to the document. 10—Expressions of interest (1) The Minister must, in relation to any appointment to the Trust, call for expressions of interest under a scheme determined by the Minister for the purposes of this section. (2) The Minister must, in relation to the scheme referred to in subsection (1)— (a) cause details of the scheme to be published in the Gazette; and (b) ensure that details of the scheme are published on the Internet and kept available for public inspection without charge during normal office hours at the principal office of the Trust. 11—Selection panel (1) The Minister may from time to time establish a selection panel for the purposes of recommending persons for appointment to the Trust. (2) The selection panel will consist of such number of other Aboriginal persons as the Minister thinks fit, of whom— (a) 1 must be a person who is a member of a body that represents, or acts in, the interests of Aboriginal people; and (b) 1 must be a person who is a public sector employee (within the meaning of the Public Sector Act 2009); and (c) 1 must be a person who is employed in the private sector. (3) A member of the selection panel will hold office for a term, and on conditions, determined by the Minister and is, at the expiration of a term of office, eligible for reappointment. (4) A member of the selection panel is entitled to fees, allowances and expenses approved by the Governor. (5) An act or proceeding of the selection panel is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. (6) In recommending a member of the Trust, the selection panel— (a) should, as far as is reasonably practicable, endeavour to achieve a gender balance on the Trust; and (b) must have regard to the requirements as to knowledge, skills and experience of members under section 12(1); and (c) must have regard to whether a particular person is a fit and proper person to be a member of the Trust; and (d) must have regard to the fact that the Trust, in addition to dealing with Trust Land, needs to manage Trust Land and, in particular, must be able to consider the needs of communities living on Trust Land; and (e) must have regard to any other matter specified by the Minister. (7) The selection panel is (other than in determining whether or not to recommend a particular person for appointment to the Trust) subject to the direction and control of the Minister. (8) Without limiting subsection (7), if a person recommended by the selection panel for appointment to the Trust is not acceptable to the Minister, the Minister may require the selection panel to recommend another person, or a panel of persons from which the Minister may select a person for appointment. (9) Subject to this Act, the selection panel may determine its own procedures. 12—Composition of Trust (1) The Trust consists of 8 members appointed by the Governor (being persons nominated by the Minister on the recommendation of the selection panel), being Aboriginal persons who collectively have knowledge, skills and experience in the following areas: (a) South Australian Aboriginal community life and culture generally; (b) residential community life and culture on Trust Land; (c) the management and conservation of natural resources; (d) the management of agricultural and pastoral land; (e) commercial enterprise development; (f) property management and development; (g) ecologically sustainable development; (h) corporate governance and administration. (2) The Governor may appoint a suitable person to be the deputy of a member of the Trust. (3) A deputy may act as a member of the Trust during any period of absence of the member in relation to whom the deputy has been appointed. 13—Presiding member and deputy presiding member The Minister must, after consultation with the Trust, appoint a member (the presiding member) to preside at meetings of the Trust and another member (the deputy presiding member) to preside at meetings of the Trust in the absence of the presiding member. 14—Conditions of membership (1) Subject to this section, a member of the Trust will hold office on conditions determined by the Governor for a term, not exceeding 3 years, specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment. (2) A member of the Trust cannot hold office for consecutive terms that exceed 9 years in total. (3) The Governor may remove a member of the Trust from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (b) for mental or physical incapacity to carry out duties of office satisfactorily; or (c) for neglect of duty; or (d) for dishonourable conduct. (4) The office of a member of the Trust becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice addressed to the Minister; or (d) is found guilty of a prescribed offence; or (e) is removed from office by the Governor under subsection (3); or (f) accepts employment as the Chief Executive of the Trust, or as a member of the staff of the Trust. 15—Allowances and expenses A member of the Trust is entitled to fees, allowances and expenses approved by the Governor. 16—Validity of acts An act or proceeding of the Trust is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 17—Functions of Trust (1) Subject to this Act, the functions of the Trust are— (a) to acquire, hold and deal with Trust Land in accordance with this Act for the ongoing benefit of Aboriginal South Australians; and (b) to manage Trust Land in accordance with this and any other relevant Act or law; and (c) to engage in commercial and other activities in accordance with this Act for the ongoing benefit of Aboriginal South Australians; and (d) to consult for the purposes of this Act; and (e) to advise the Minister in relation to matters related to the Trust; and (f) to carry out other functions assigned to the Trust under this or any other Act or by the Minister. (2) In performing a function under this Act, the Trust must have regard to, and seek to give effect to, the principles set out in section 6. 18—Committees (1) The Trust may establish committees for the purposes of this Act. (2) The membership of a committee will be determined by the Trust and may, but need not, consist of, or include, members of the Trust. (3) The Trust will determine who will be the presiding member of a committee. (4) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the Trust; and (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. 19—Power of delegation (1) The Trust may delegate a function or power under this Act (other than a prescribed function or power)— (a) to a member of the Trust, the Chief Executive or an employee of the Trust; or (b) to a committee established by the Trust; or (c) to a specified body or person (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Trust to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. (4) A person to whom a function has been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform the functions must disclose the nature of the interest in writing to the Trust. Maximum penalty: $20 000. (5) It is a defence to a charge of an offence against subsection (4) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter. (6) In this section— prescribed function or power means— (a) a function or power comprising dealing with Trust Land; or (b) any other function or power prescribed by the regulations for the purposes of this definition. 20—Trust's procedures (1) Subject to this Act, a quorum of the Trust consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1. (2) A meeting of the Trust will be chaired by the presiding member or, in his or her absence, 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 Trust must choose 1 of their number to preside at the meeting. (3) A decision carried by a majority of the votes cast by members of the Trust at a meeting is a decision of the Trust. (4) Each member present at a meeting of the Trust has 1 vote on any question arising for decision. (5) A conference by telephone or other electronic means between the members of the Trust will, for the purposes of this section, be taken to be a meeting of the Trust at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Trust for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (6) A proposed resolution of the Trust becomes a valid decision of the Trust despite the fact that it is not voted on at a meeting of the Trust if— (a) notice of the proposed resolution is given to all members of the Trust in accordance with procedures determined by the Trust; and (b) a majority of the members express concurrence in the proposed resolution by letter, telegram, telex, fax, email or other written communication setting out the terms of the resolution. (7) The Trust must have accurate minutes kept of its meetings. (8) Subject to this Act, the Trust may determine its own procedures. 21—Trust Fund and Trust moneys (1) All money received by the Trust must be paid into an account at an ADI maintained by the Trust for the purposes of this Act (the Trust Fund). (2) Subject to subsection (3), money held by the Trust (including the proceeds of any sale, lease or other dealing with any Trust Land and the income from any investment of Trust moneys) may only be used for the following purposes: (a) to pay any costs associated with the operations of the Trust and the administration of this Act; (b) the development and improvement of Trust Land; (c) the acquisition and development of further lands for the purposes of this Act; (d) engaging in commercial and other activities in accordance with this Act; (e) any other purpose specified by the regulations for the purposes of this section. (3) If— (a) the Treasurer pays to the Trust an amount under section 55; or (b) payments of a kind contemplated by section 56 are paid to the Trust, then the Trust must apply— (c) in the case of an amount paid under section 55—one half of the amount paid; and (d) in the case of payments of a kind contemplated by section 56—a reasonably proportionate amount of the payments, towards improving the Trust Land to which the payment relates, or for the direct benefit of any community living on the Trust Land. 22—Accounts and audit (1) The Trust must keep proper accounting records in relation to its financial affairs, and must have annual statements of accounts prepared in respect of each financial year. (2) The accounts must be audited at least once in every year by the Auditor‑General. 23—Annual report (1) The Trust must, on or before 30 November in each year, deliver to the Minister a report on the administration of this Act and the activities of the Trust during the financial year ending on the preceding 30 June. (2) The report must— (a) include the information prescribed by the regulations in relation to the relevant financial year; and (b) incorporate the audited accounts of the Trust for the relevant financial year. (3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. 24—Minister may require Trust to provide report (1) The Minister may, by notice in writing, require the Trust to prepare and submit to the Minister a report in relation to the exercise, or proposed exercise, of a function or power of the Trust under this Act. (2) A report— (a) may relate to a specific matter, or the operations of the Trust generally; and (b) must be made in a manner and form determined by the Minister; and (c) must be prepared and submitted to the Minister on or before the day specified in the notice. Division 2—Chief Executive and other staff 25—Chief Executive (1) There will be a Chief Executive of the Trust. (2) The Chief Executive will be appointed by the Trust on terms and conditions determined by the Trust. (3) Despite a provision of the Equal Opportunity Act 1984 or any other Act or law, the Trust— (a) may require that an applicant for the position of Chief Executive be an Aboriginal person; or (b) may give preference to an applicant for the position of Chief Executive on the grounds that they are an Aboriginal person. 26—Functions of Chief Executive The functions of the Chief Executive are— (a) to implement the resolutions of the Trust in an efficient manner; and (b) to ensure that records required under this or another Act are properly kept and maintained; and (c) to discharge any duties under this or any other Act relating to financial and annual reports; and (d) to exercise, perform or discharge any other powers, functions or duties conferred on the Chief Executive by the Trust, or by or under this or any other Act. 27—Staff of Trust The Trust's staff consists of persons employed by the Trust, on terms and conditions determined by the Trust. 28—Use of facilities The Trust may, under an arrangement approved by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit. Division 3—Direction and suspension of Trust 29—Minister may direct Trust to take certain action etc (1) Subject to subsection (2), if the Minister is satisfied that— (a) — (i) the Trust— (A) has refused or failed to exercise, perform or discharge a power, function or duty under this Act, or may do so; or (B) has failed to give effect to the objects and principles of this Act (whether generally or in relation to a particular matter), or may do so; and (ii) the refusal or failure has resulted in, or may result in, a detriment to Aboriginal South Australians generally, or to a substantial section of Aboriginal South Australians; or (b) the Trust has acted, or intends to act, outside of the powers conferred by this Act (whether generally or in relation to a particular matter); or (c) the Trust is at risk of becoming insolvent, the Minister may direct the Trust to take, or not to take, such action as the Minister may require to remedy or prevent the matter. (2) Before giving a direction under subsection (1), the Minister must, by notice in writing— (a) notify the Trust that he or she is considering directing the Trust under this section; and (b) specify a further period within which the Trust may remedy or prevent the relevant matter (as the case requires); and (c) advise the Trust that if it does not remedy or prevent the matter (as the case requires) within the specified period, he or she will direct the Trust to do so under this section. (3) If a direction under subsection (1) is not complied with, the Minister (or any other person authorised by the Minister for the purpose of this subsection) may take any action required by the direction. (4) A person must not hinder or obstruct the Minister or another person taking action under subsection (3). Maximum penalty: $5 000. (5) The reasonable costs and expenses incurred by the Minister in taking action under this section may be recovered by the Minister as a debt from the Trust. (6) The Trust cannot claim compensation from the Crown, the Minister or any person acting under subsection (3) in respect of any action taken under this section. (7) If the Minister gives a direction under this section— (a) the Minister must prepare a report on the matter and cause a copy of the report to be laid before each House of Parliament; and (b) the Trust must cause details of the direction to be published in its next annual report. 30—Minister may suspend Trust in certain circumstances (1) Subject to subsection (2), if the Trust— (a) refuses or fails to prepare or submit a report to the Minister required under section 24; or (b) refuses or fails to comply with a direction of the Minister under section 29, the Minister may, by notice in the Gazette, suspend the Trust for a period specified in the notice or until further notice in the Gazette. (2) Before suspending the Trust under subsection (1), the Minister must, by notice in writing— (a) notify the Trust that he or she is considering suspending the Trust under this section; and (b) specify a further period within which the Trust may comply with the relevant direction or prepare and submit the relevant report (as the case requires); and (c) advise the Trust that if it does not comply with the direction or prepare and submit the report (as the case requires) within the specified period, he or she will suspend the Trust. (3) Despite any other provision of this Act, if the Trust is suspended the following provisions apply: (a) the Minister may, by notice in the Gazette, appoint an administrator, on terms and conditions determined by the Minister, to administer the affairs of the Trust in the name of, and on behalf of, the Trust during the period of the suspension; (b) the administrator is entitled to remuneration, allowances and expenses determined by the Minister; (c) the Minister may remove a person from the office of administrator for any reason the Minister thinks fit; (d) the office of administrator becomes vacant if the administrator— (i) dies; or (ii) completes a term of office; or (iii) resigns by written notice to the Minister; or (iv) is removed from office under paragraph (c); (e) the Minister may appoint a person to act as the administrator— (i) during a vacancy in the office of administrator; or (ii) when the administrator is absent from, or unable to discharge, official duties; (f) the administrator has all the functions and powers of the Trust; (g) the Public Sector (Honesty and Accountability) Act 1995 applies to the administrator as if the administrator were a senior official and the Minister administering this Act were the relevant Minister; (h) any liability incurred by the administrator in the course of the administration will be paid or satisfied out of the funds of the Trust; (i) in any legal proceedings, an apparently genuine document purporting to bear the common seal of the Trust and the signature of the administrator attesting the affixation of the seal will be presumed, in the absence of proof to the contrary, to have been duly executed by the Trust; (j) the administrator must, in the course of the administration, have regard to, and seek to give effect to, the objects and principles set out in sections 5 and 6. 31—Use of facilities An administrator may, under an arrangement approved by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit. 32—Offence A person who— (a) hinders or obstructs an administrator, or a person assisting an administrator, in the exercise of powers or functions under this Act; or (b) falsely represents, by words or conduct, that he or she is assisting an administrator in the exercise of powers or functions under this Act, is guilty of an offence. Maximum penalty: $5 000. Part 3—Commercial Development Advisory Committee 33—Commercial Development Advisory Committee (1) The Minister may establish a committee (the Commercial Development Advisory Committee) for the purposes of this Act. (2) The Commercial Development Advisory Committee is to consist of— (a) the presiding member of the Trust (ex officio); and (b) such other number of members as may be appointed by the Minister, being persons who collectively have, in the opinion of the Minister, extensive knowledge, skills and experience in the following areas: (i) commercial enterprise development; (ii) property management and development; (iii) corporate governance and administration; (iv) the management of natural resources; (v) the management of agricultural and pastoral land. (3) In appointing members of the Commercial Development Advisory Committee, the Minister should, as far as is reasonably practicable, endeavour to achieve a gender balance on the committee. (4) The Minister may appoint a suitable person to be the deputy of a member of the Commercial Development Advisory Committee. (5) A deputy may act as a member of the Commercial Development Advisory Committee during any period of absence of the member in relation to whom the deputy has been appointed. 34—Presiding member The Minister must appoint a member (the presiding member) to preside at meetings of the Commercial Development Advisory Committee. 35—Conditions of membership (1) A member of the Commercial Development Advisory Committee will be appointed on conditions determined by the Governor for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (2) A member of the Commercial Development Advisory Committee cannot hold office for consecutive terms that exceed 9 years in total. (3) The Governor may remove a member of the Commercial Development Advisory Committee from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (4) The office of a member of the Commercial Development Advisory Committee becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office under subsection (3). 36—Allowances and expenses A member of the Commercial Development Advisory Committee is entitled to remuneration, allowances and expenses determined by the Minister. 37—Validity of acts An act or proceeding of the Commercial Development Advisory Committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 38—Functions of Commercial Development Advisory Committee The functions of the Commercial Development Advisory Committee are— (a) to advise the Trust in relation to its commercial activities; and (b) to advise the Minister on any matter relating to the commercial activities of the Trust; and (c) any other functions assigned to the Commercial Development Advisory Committee by this Act or the Minister. 39—Procedures of Commercial Development Advisory Committee (1) A quorum of the Commercial Development Advisory Committee consists of one half of the total number of its members (ignoring any fraction resulting from the division) plus 1. (2) If the presiding member of the Commercial Development Advisory Committee is absent from a meeting of the Commercial Development Advisory Committee, a member chosen by the members present at the meeting will preside. (3) A decision carried by a majority of the votes cast by the members present at a meeting of the Commercial Development Advisory Committee is a decision of the Commercial Development Advisory Committee. (4) Each member present at a meeting of the Commercial Development Advisory Committee has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (5) A conference by telephone or other electronic means between the members of the Commercial Development Advisory Committee will, for the purposes of this section, be taken to be a meeting of the Commercial Development Advisory Committee at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Commercial Development Advisory Committee for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (6) A proposed resolution of the Commercial Development Advisory Committee becomes a valid decision of the Commercial Development Advisory Committee despite the fact that it is not voted on at a meeting of the Commercial Development Advisory Committee if— (a) notice of the proposed resolution is given to all members of the Commercial Development Advisory Committee in accordance with procedures determined by the Commercial Development Advisory Committee; and (b) a majority of the members express concurrence in the proposed resolution by letter, fax, email or other written communication setting out the terms of the resolution. (7) The Commercial Development Advisory Committee must have accurate minutes kept of its meetings. (8) Subject to this Act, the Commercial Development Advisory Committee may determine its own procedures. 40—Use of facilities The Commercial Development Advisory Committee may, under an arrangement approved by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit. Note— This includes the services or staff of the Trust. Part 4—Trust Land Division 1—Acquiring Trust Land 41—Transfer of certain land to Trust (1) Despite any other Act or law, the following land may, by transfer or grant of the fee simple made in accordance with a resolution of both Houses of Parliament, be transferred to the Trust: (a) unalienated Crown land (within the meaning of the Crown Land Management Act 2009); (b) land owned by a Minister. (2) Sections 24(2), 25 and 26 of the Crown Land Management Act 2009 do not apply to, or in relation to, a transfer of land to the Trust under this section. (3) The Registrar‑General must take such steps under the Real Property Act 1886 as may be necessary to give effect to a transfer of land under this section. 42—Register of Trust Land (1) The Trust must keep a register of Trust Land (the Register). (2) The Register must include, in relation to each piece of Trust Land, the information required by the regulations and may include such other information as the Trust thinks fit. (3) The Chief Executive is responsible to the Trust for the form and maintenance of the Register. (4) The Chief Executive must correct an entry in the Register that is not, or has ceased to be, correct. (5) The Register must be kept available for inspection by any person during ordinary office hours at the principal office of the Trust and may be made available to the public by electronic means. (6) A person may, on payment of the prescribed fee, obtain a copy of any part of the Register. Division 2—Dealing with Trust Land 43—Inalienability of Trust Land Except as authorised under this Part, Trust Land is inalienable. 44—Dealing with Trust Land (1) Subject to this section, the Trust— (a) may dispose of Trust Land by transfer or grant of the fee simple; or (b) may deal with Trust Land in such other manner as it thinks fit. Note— Section 3(3) defines what it means to deal with Trust Land. (2) The Trust may only dispose of Trust Land under subsection (1)(a) if— (a) the transfer or grant is in accordance with a resolution of both Houses of Parliament; and (b) any relevant requirements under the Native Title Act 1993 of the Commonwealth have been satisfied. (3) Nothing in this section authorises the Trust to transfer or grant the fee simple in particular Trust Land if the estate in fee simple would, following the transfer or grant, be subject to native title. (4) An interest created by the Trust under subsection (1)(b) cannot be sublet, transferred, assigned or otherwise dealt with except with the written permission of the Trust (which must not be unreasonably withheld). (5) Before dealing with Trust Land under this section, the Trust must undertake consultation in respect of the matter in accordance with section 8. (6) To avoid doubt, this section applies in the case of a mortgagee or encumbrancee (within the meaning of the Real Property Act 1886) exercising a power of sale under the Real Property Act 1886 or any other Act or law. (7) A dealing with Trust Land other than as contemplated by this section is void and of no effect. (8) A person with whom the Trust is required to consult under section 8 in respect of particular Trust Land is entitled to inspect (without charge) any lease or other document in the possession of the Trust relating to a dealing with the Trust Land under this section during ordinary office hours at the principal office of the Trust. Division 3—Trust may appoint person to manage Trust Land 45—Trust may appoint person or body to manage Trust Land (1) The Trust may, at the request of a lessee of Trust Land or of its own motion, appoint a person or body (a manager of Trust Land) to manage Trust Land that is the subject of a lease granted for the benefit of a particular Aboriginal community. (2) An appointment under this section— (a) must be in writing; and (b) will be on the terms and conditions determined by the Trust and specified in the instrument of appointment; and (c) must comply with any requirements set out in the regulations for the purposes of this subsection. (3) A manager of Trust Land— (a) has all the powers, functions and duties of the lessee in respect of the Trust Land and may act in the name of and on behalf of the lessee; and (b) has any other power or function conferred by or under this Act or by the Trust; and (c) must comply with any requirements set out in the regulations for the purposes of this subsection; and (d) is subject to the direction and control of the Trust; and (e) is entitled to remuneration, allowances and expenses approved by the Trust; and (f) must, in the course of managing the Trust Land, endeavour to benefit the interests of the relevant Aboriginal community at all times. (4) Subject to this Act and any directions of the Trust, a body appointed to manage Trust Land may determine its own procedures. (5) All costs and expenses arising out of the management of Trust Land pursuant to this section are payable by the Trust but are recoverable by the Trust as a debt from the lessee of the Trust Land. (6) A lessee of Trust Land cannot claim compensation from the Trust, a manager of Trust Land or the Crown in respect of any action taken under this Division. 46—Manager may direct lessee (1) A manager of Trust Land may, by notice in writing, require the lessee or any person who has been involved in the management of the Trust Land to report to the manager on such matters relating to the management of the Trust Land as may be specified in the notice. (2) A person who fails to comply with a requirement made under this section is guilty of an offence. Maximum penalty: $5 000. 47—Offences A person who— (a) hinders or obstructs a manager of Trust Land, or a person assisting a manager of Trust Land, in the exercise of powers or functions under this Act; or (b) falsely represents, by words or conduct, that he or she is assisting a manager of Trust Land in the exercise of powers or functions under this Act, is guilty of an offence. Maximum penalty: $5 000. Part 5—Commercial and other activities of Trust 48—Trust may enter into commercial transactions etc as it thinks fit (1) Without limiting Part 4, but subject to subsection (2), the Trust may enter into such commercial or other transactions as it thinks fit (including, without limiting the generality of this subsection, acquiring and disposing of land for commercial or investment purposes). Note— Land acquired as contemplated by this section is not generally Trust Land—see the definition of Trust Land in section 3. Trust Land may only be dealt with in accordance with Part 4. (2) The Trust may only enter into a transaction with a value (determined in accordance with the regulations) exceeding the prescribed amount with the written approval of the Minister. Part 6—Regulation of liquor and other substances on Trust Land 49—Regulations may prohibit consumption etc of regulated substances on Trust Land (1) The Governor may, on the recommendation of the Trust, make regulations— (a) regulating, restricting or prohibiting the consumption, possession, sale or supply of regulated substances on Trust Land; (b) providing for the confiscation, in circumstances in which a contravention of a regulation is reasonably suspected, of a regulated substance to which the suspected contravention relates; (c) providing for the treatment or rehabilitation (or both) of any person affected by the misuse of a regulated substance; (d) providing for the facilitation of proof of contraventions of the regulations; (e) prescribing fines (not exceeding $1 250) for contravention of a regulation; (f) prescribing expiation fees (not exceeding $315) for alleged offences against the regulations. (2) Before making a recommendation for the purposes of this section, the Trust must undertake consultation in respect of the matter in accordance with section 8. (3) A person who contravenes a regulation regulating, restricting or prohibiting the sale or supply of regulated substances on Trust Land is guilty of an offence. Maximum penalty: $2 000 or imprisonment for 6 months. (4) A member of the police force may seize and impound any vehicle reasonably suspected of having been used in connection with the sale or supply of a regulated substance on Trust Land in contravention of the regulations. (5) If a vehicle is seized under subsection (4), the matter must be referred at the next available opportunity to a magistrate. (6) A magistrate may make an order for the forfeiture of a vehicle seized under subsection (4) if the magistrate is satisfied that— (a) the vehicle has been used in connection with the sale or supply of a regulated substance on Trust Land in contravention of the regulations; and (b) any person who so used the vehicle has, on at least 1 previous occasion, been found guilty of the offence of supplying a regulated substance on Trust Land in contravention of the regulations or the repealed Act; and (c) it is, in the circumstances of the case, appropriate that the vehicle be forfeited. (7) In this section— regulated substance means— (a) alcoholic liquor; or (b) petrol; or (c) any other substance declared by the regulations to be a regulated substance for the purposes of this section. 50—Application of the Public Intoxication Act 1984 to certain Trust Land (1) Subject to this section, the Public Intoxication Act 1984 applies to prescribed Trust Land. (2) For the purposes of this section, the Public Intoxication Act 1984 is modified as follows: (a) a reference to a public place will be taken to be a reference to prescribed Trust Land; (b) a reference to an authorised officer will be taken to be a reference to an authorised officer appointed by the Minister to whom the administration of the Public Intoxication Act 1984 is committed on the recommendation of the Trust; (c) subject to this section, but without limiting any other powers he or she may have under the Public Intoxication Act 1984, a member of the police force or an authorised officer may exercise any of the following powers on prescribed Trust Land: (i) the power, on reasonable suspicion that a drug or alcohol is in any premises or vehicle, to enter and search those premises or that vehicle, using such force as is necessary for the purpose; (ii) the power to stop any vehicle for the purpose of carrying out a search under subparagraph (i); (iii) the power to confiscate and dispose of a drug or alcohol. (3) The appointment of an authorised officer may be conditional or unconditional (including a condition that limits the prescribed Trust Land in relation to which the authorised officer can exercise his or her powers). (4) The Governor may, by proclamation made on the recommendation of the Trust— (a) declare specified Trust Land to be prescribed Trust Land; or (b) impose limitations on the exercise of the power referred to in subsection (2)(c); or (c) vary or revoke a proclamation made under this subsection. (5) The Trust must not recommend the making of a proclamation under subsection (4) unless— (a) a proposal for making the proclamation has been initiated from within the Aboriginal communities that would be affected by the proclamation; and (b) the Trust is satisfied that those communities are in general agreement that the proclamation should be made. (6) In this section— prescribed Trust Land means Trust Land declared to be prescribed Trust Land under subsection (4)(a). Part 7—Mining operations etc on Trust Land 51—Interpretation In this Part— mining Acts means— (a) the Mining Act 1971; and (b) the Opal Mining Act 1995; and (c) the Petroleum and Geothermal Energy Act 2000; and (d) any other Act declared by the regulations to be included in the ambit of this definition; mining authority means— (a) a mining tenement under the Mining Act 1971; or (b) a precious stones prospecting permit under the Opal Mining Act 1995; or (c) a precious stones tenement under the Opal Mining Act 1995; or (d) an authority to engage in a regulated activity under the Petroleum and Geothermal Energy Act 2000; or (e) any other authority declared by the regulations to be included in the ambit of this definition; mining operations has the same meaning as in the Mining Act 1971 or the Opal Mining Act 1995 (as the case requires); regulated activities has the same meaning as in the Petroleum and Geothermal Energy Act 2000. 52—Interaction between this Act and mining Acts (1) A mining authority must not be granted or renewed under a mining Act in respect of Trust Land except to a person who has permission to carry out mining operations or regulated activities on the Trust Land under this Part (however nothing in this section prevents the taking of any step under a mining Act antecedent to the grant or renewal of a mining authority). (2) Before a mining authority is granted or renewed under a mining Act in relation to Trust Land, the Minister to whom the administration of the mining Act is committed must allow the Trust a reasonable opportunity to make submissions relating to the conditions subject to which the mining authority should be granted or renewed. (3) If a person has permission to carry out mining operations or regulated activities on Trust Land under this Part, the person and his or her agents, contractors and employees— (a) may, subject to any conditions of the permission and to the provisions of the relevant mining Act, enter the Trust Land for the purpose of carrying out such mining operations or regulated activities; and (b) despite a provision of the relevant mining Act, is not required to serve on the Trust a notice of entry. (4) In this section— notice of entry means— (a) a notice of entry contemplated by section 58A of the Mining Act 1971; or (b) a notice of entry contemplated by section 32 of the Opal Mining Act 1995; or (c) a notice of entry contemplated by section 61 of the Petroleum and Geothermal Energy Act 2000, as the case requires. 53—Permission required to carrying out mining operations etc on Trust Land (1) Despite a provision of the mining Acts or any other Act or law, a person who, without the permission of the Trust granted under this Part— (a) carries out mining operations or regulated activities on Trust Land; or (b) enters Trust Land for the purpose of carrying out mining operations or regulated activities, is guilty of an offence. Maximum penalty: $120 000. (2) An application to the Trust for permission to carry out mining operations or regulated activities on Trust Land— (a) must be made in a manner and form determined by the Trust; and (b) except in the case of an application for permission to prospect for minerals pursuant to section 20 of the Mining Act 1971— (i) may only be made by a person who has applied for a mining authority in respect of the Trust Land under the relevant mining Act; and (ii) must contain, or be accompanied by, all information submitted by the applicant to the Minister to whom the administration of the relevant mining Act is committed in support of the application for the mining authority. (3) The applicant— (a) must, at the request of the Trust, provide the Trust with such further information as the Trust may reasonably require to determine the application for permission; and (b) must, as soon as practicable after making an application for permission, notify the Minister to whom the administration of the relevant mining Act is committed of the application. (4) Before determining an application for permission, the Trust— (a) must undertake consultation in respect of the matter in accordance with section 8; and (b) must consult with any other person or body specified in the regulations for the purposes of this subsection; and (c) must comply with any other requirements set out in the regulations for the purposes of this paragraph. (5) Subject to this section, the Trust may— (a) grant permission to carry out mining operations or regulated activities on the Trust Land unconditionally; or (b) grant permission to carry out mining operations or regulated activities on the Trust Land subject to such conditions as the Trust thinks fit; or (c) refuse permission to carry out mining operations or regulated activities on the Trust Land. (6) The Trust must, as soon as is reasonably practicable after determining an application, give notice in writing of the determination to— (a) the applicant; and (b) the Minister to whom the administration of the relevant mining Act is committed. (7) The reasonable costs and expenses incurred by the Trust in dealing with an application for permission may be recovered from the applicant as a debt. (8) Any payment made under subsection (7) must, if the application is subsequently determined in favour of the applicant but on condition that compensation be paid to the Trust, be regarded as a payment made on account of that compensation. 54—Arbitration (1) If, in relation to an application under section 53— (a) the Trust refuses permission to carry out mining operations or regulated activities on Trust Land; or (b) the Trust grants its permission to carry out mining operations or regulated activities on Trust Land subject to conditions that are unacceptable to the applicant; or (c) the applicant has not, within 4 months after the date of the application, received notice of a determination under section 53(6), the applicant may, in a manner and form determined by the Minister to whom the administration of the relevant mining Act is committed, request that Minister to refer the application to an arbitrator. (2) If the Minister to whom the administration of the relevant mining Act is committed receives a request under subsection (1), the application must be referred to an arbitrator appointed by that Minister. (3) At least 21 days before an arbitrator is appointed under subsection (2), the Minister to whom the administration of the relevant mining Act is committed must— (a) inform the Trust of whom he or she proposes to appoint; and (b) consider any submissions of the Trust in relation to the proposed appointment. (4) The arbitrator— (a) must be— (i) a judge, or retired judge, of the High Court, the Federal Court of Australia, or the Supreme Court of a State or Territory of Australia; or (ii) a legal practitioner of at least 7 years standing; and (b) has the powers of a commission of inquiry under the Royal Commissions Act 1917; and (c) may refer a question of law for the opinion of the Court of Appeal. (5) After hearing the evidence and submissions of— (a) the Trust; and (b) the applicant; and (c) the Minister to whom the administration of the relevant mining Act is committed; and (d) the Minister to whom the administration of this Act is committed, and any other evidence and submissions he or she thinks fit to receive, the arbitrator may— (e) affirm, vary or reverse the determination of the Trust in respect of the application for permission; or (f) if no determination has been made by the Trust in respect of the application for permission—determine the application as the arbitrator thinks fit. (6) The arbitrator may, if he or she thinks fit, award against the applicant and in favour of the Trust an amount that represents, in the arbitrator's opinion, the reasonable costs and expenses incurred by the Trust in relation to the arbitration. (7) An amount awarded under subsection (6) may be recovered by the Trust as a debt. (8) In determining an arbitration under this section, the arbitrator must have regard to— (a) the effect of granting the relevant mining authority on— (i) Aboriginal persons with an interest in, and any other residents on, the Trust Land; and (ii) the activities of the Trust; and (b) the suitability of the applicant to carry out the proposed mining operations or regulated activities and capacity, in carrying out those operations, to minimise disturbance to the Trust Land; and (c) the preservation of the natural environment; and (d) the economic and other significance of the operations to the State and Australia, and may have regard to any other matter the arbitrator thinks appropriate. (9) The arbitrator must hear and determine the arbitration as expeditiously as possible. (10) A determination under this section is binding on the Trust, the applicant and the Crown. (11) The Arbitration Act 1891 does not apply to an arbitration under this section. (12) The regulations may make further provision in relation to an arbitration under this section. 55—Royalty (1) Subject to subsection (2), the Treasurer must cause an amount equal to two-thirds of the total royalty paid under the mining Acts that relates to mining operations or regulated activities on Trust Land to be paid to the Trust. Note— One half of the amount paid under this section (that is, one-third of the total royalty paid) must be spent improving the Trust Land, or for the benefit of communities living on the Trust Land, where the mining occurred—see section 21(3). (2) If the total amount to be paid to the Trust under this section exceeds the prescribed limit in any financial year, the excess is to be paid into the Consolidated Account. 56—Certain payments or other consideration to Trust must represent fair compensation (1) This section applies to payments made, or to be made, or consideration given, or to be given, to the Trust (not being a payment of royalty under section 55) in respect of the carrying out or proposed carrying out of mining operations or regulated activities on Trust Land. (2) A payment or consideration to which this section applies must be reasonably proportioned to the disturbance to the Trust Land, and the ways‑of‑life of Aboriginal persons living on, or with responsibilities for, the Trust Land, that has resulted or is likely to result from the grant of the relevant mining authority. Note— A reasonably proportionate amount of such payments must be spent on the Trust Land, or for the benefit of communities living on the Trust Land, to which the payment relates—see section 21(3). (3) A person who makes or gives, or agrees to make or give, a payment or consideration to which this section applies must, within 14 days of the date of making or giving the payment or consideration, or entering into the agreement, notify the Minister to whom the administration of the relevant mining Act is committed of the amount or value of the payment or consideration, or of the terms of the agreement. Maximum penalty: $2 000. Part 8—Delivery of services under Local Government Act 1999 and Outback Communities (Administration and Management) Act 2009 57—Trust to liaise with councils etc (1) Without limiting a provision of the Local Government Act 1999, the Trust must, in relation to Trust Land that is located within the area of a council, take reasonable steps to liaise with the council in respect of the provision of services and facilities under that Act on, or in relation to, the Trust Land. (2) Without limiting a provision of the Outback Communities (Administration and Management) Act 2009, the Trust must, in relation to Trust Land located in the outback, take reasonable steps to liaise with the Outback Communities Authority in respect of the provision of public services and facilities under that Act on, or in relation to, the Trust Land. (3) Without limiting this section or any other provision of this Act, the Trust must ensure that each lease granted over Trust Land contains provisions of the following kinds: (a) a provision requiring the lessee of the Trust Land to grant access to the Trust Land by the relevant council, the Outback Communities Authority or specified services providers for the purpose of providing services and facilities; (b) any other provision required by the regulations for the purposes of this subsection. (4) In this section— area, in relation to a council, and council have the same meanings as in the Local Government Act 1999; outback and Outback Communities Authority have the same meanings as in the Outback Communities (Administration and Management) Act 2009. Part 9—Dispute resolution 58—Conciliator (1) There will be a conciliator for the purposes of this Act. (2) The conciliator will be appointed by the Minister, after consultation with the Trust, for a term, and on conditions, determined by the Minister. 59—Dispute resolution by conciliator (1) An Aboriginal person who lives on, has responsibilities for or has an interest in Trust Land who is aggrieved by a decision of the Trust relating to the Trust Land may appeal to the conciliator against that decision. (2) The conciliator may refuse to hear an appeal if he or she is of the opinion— (a) that the appeal lacks substance, is unnecessary or unjustifiable, or is frivolous, vexatious or not made in good faith; or (b) that the matter to which the appeal relates should be determined by way of legal proceedings. (3) Before hearing an appeal, the conciliator should, so far as is practicable, endeavour to resolve the dispute by mediation between the parties. (4) The conciliator is not bound by the rules of evidence in proceedings under this section, but may inform himself or herself in such manner as he or she thinks fit. (5) In proceedings under this section, the conciliator must— (a) give effect to the principles of this Act; and (b) seek to further the objects of this Act; and (c) act fairly and consider the need of the Trust to act in the interests of all Aboriginal South Australians. (6) The conciliator may, in proceedings under this section— (a) give such directions as he or she considers necessary or appropriate to resolve any matters in dispute; or (b) refer the matter back to the Trust to be further dealt with in accordance with his or her directions. (7) A direction under this section that is inconsistent with this or any other Act or law is, to the extent of the inconsistency, void and of no effect. (8) The regulations may make further provisions in relation to proceedings under this section. 60—Order compelling compliance with direction of conciliator (1) If a person or body refuses or fails to comply with a direction of the conciliator, any party to the proceedings before the conciliator may apply to the District Court for an order to compel that person or body to comply with the direction. (2) On an application under this section, the District Court must, unless satisfied that the direction of the conciliator is unjust or unreasonable, make an order requiring the person or body against whom the direction was made to comply with the direction. (3) Proceedings under this section must be conducted as expeditiously as possible and without undue formality. Part 10—Miscellaneous 61—Exemption from stamp duty No stamp duty is payable in respect of an instrument comprising, or relating to the conveyance or transfer of, or the creation of any other interest in or over, Trust Land. 62—Liability of directors If a body corporate is guilty of an offence against section 53, each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the member proves that he or she could not by the exercise of due diligence have prevented the commission of the offence. 63—General defence (1) Subject to subsection (2), it is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. (2) This section does not apply in relation to a person who is charged with an offence under section 53. 64—Confidentiality (1) A person engaged or formerly engaged in the administration of this Act must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except— (a) as required or authorised by or under this Act or any other Act or law; or (b) with the consent of the person to whom the information relates; or (c) in connection with the administration of this Act; or (d) to an authority responsible under the law of a place outside this State, where the information is required for the proper administration of that law; or (e) to an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions. Maximum penalty: $10 000. (2) Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates. (3) Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. Maximum penalty: $10 000. 65—Service A notice or document required or authorised by this Act to be given to a person may be given as follows: (a) by personal service on the person or an agent of the person; (b) by leaving it for the person at his or her place of residence or business with someone apparently over the age of 16 years; (c) by serving it by post on the person or an agent of the person; (d) if the person's whereabouts are unknown—by affixing it in a prominent position on the land to which it relates, or publishing a copy of it in a newspaper circulating generally throughout the State; (e) in a manner prescribed by regulation. 66—Evidentiary provision In any proceedings— (a) a certificate apparently signed by the Minister, or a delegate of the Minister, that on a specified date, or during a specified period, specified land was or was not Trust Land will, in the absence of proof to the contrary, be accepted as proof of the matter certified; and (b) a map or plan apparently signed by the Surveyor‑General or an officer of the Surveyor‑General will be accepted, in the absence of proof to the contrary, as an accurate map or plan of the land to which it relates; and (c) a certificate of value apparently signed by the Valuer‑General or an officer of the Valuer‑General will be accepted, in the absence of proof to the contrary, as proof of the value of the Trust Land, lease, improvements or other thing to which it relates as at the date of valuation specified in the certificate. 67—Review of Trust Land (1) The Minister must cause a review of all Trust Land to be conducted for the purposes of— (a) ensuring that all Trust Land is accurately identified and described; and (b) identifying and accurately recording any easements or other encumbrances on Trust Land, and must cause a report on the results of the review to be submitted to the Minister. (2) The review and the report must be completed before the third anniversary of the commencement of this Act. (3) The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report. 68—Review of Act by Aboriginal Lands Parliamentary Standing Committee (1) Without limiting the Aboriginal Lands Parliamentary Standing Committee Act 2003, the Aboriginal Lands Parliamentary Standing Committee must, as soon as is reasonably practicable after the third anniversary of the commencement of this section, review the operation of this Act. (2) The Aboriginal Lands Parliamentary Standing Committee must, within 6 months after the review is completed, report on the matter to both Houses of Parliament. 69—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Without limiting subsection (1), the regulations may make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of specified regulations. (3) The regulations— (a) may be of general or limited application; and (b) may make different provision according to the matters or circumstances to which they are expressed to apply; and (c) may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Trust, the Minister or any other specified person or body; and (d) may apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another prescribed body. (4) A provision may, if the regulations so provide, take effect from a day that is earlier than the day on which the provision is made but, in such a case, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of publication of the regulation; or (b) to impose liabilities on any person (other than the Crown) in respect of any thing done or omitted to be done before the date of publication of the regulation. Schedule 1—Transitional provisions Part 6—Transitional provisions 7—Offices of Trust vacated on commencement of Act (1) The office of each member of the Trust is vacated on the commencement of this clause. (2) Section 10 does not apply in relation to the appointment of a person to fill an office vacated by this clause. 8—Transfer of employment of Trust staff (1) A person employed by the employing authority (within the meaning of the repealed Act) immediately before the commencement of this clause is transferred to the employment of the Trust. (2) Except where the Governor makes a proclamation under subclause (3) that provides otherwise, a person's employment is subject to the same terms and conditions of employment that applied to the person's employment immediately before the commencement of this clause. (3) The Governor may, by proclamation, make further provision in relation to the transfer of a person, or class of persons, under this clause (and a proclamation under this subclause will have effect according to its terms). (4) A transfer of a person under this clause does not constitute a breach of the person's contract of employment or termination of the person's employment, or affect the continuity of the person's employment for any purpose. 9—Appointment of managers of Trust Land under repealed Act to continue (1) On the commencement of this clause, a manager or management committee appointed in respect of particular Trust Land under section 16AA of the repealed Act will be taken to have been appointed as a manager of that Trust Land under section 45. (2) Subject to this Act, the appointment of a manager of Trust Land by this clause will be taken to be subject to the same conditions, and will continue for the remainder of the term, applying immediately before the commencement of this clause to the person's or body's appointment under section 16AA of the repealed Act. 10—Continuation of leases and licences A lease or licence granted under the Aboriginal Lands Trust Act 1966 and in force immediately before the commencement of this clause continues in force in accordance with its terms as if it were a lease or licence (as the case requires) granted under this Act. 11—Transitional provision for purposes of section 49 A requirement of recommendation or consultation under section 49 does not apply in relation to the first regulations made under that section to the extent that the regulations are substantially the same as the Aboriginal Lands Trust (Umoona Community) Regulations 2007 or the Aboriginal Lands Trust (Yalata Reserve) Regulations 2005, in each case as in force immediately before the commencement of this clause. 12—Transitional provisions for purposes of section 50 (1) For the purposes of section 50, a person who was, immediately before the commencement of this clause, an authorised officer pursuant to section 16A(1)(b) of the repealed Act (as in force immediately before the commencement of this clause) will be taken to be an authorised officer appointed by the Minister to whom the administration of the Public Intoxication Act 1984 is committed on the recommendation of the Trust (and any conditions or limitations prescribed or otherwise applicable under that section will continue to apply according to their terms). (2) Subject to this Act, a proclamation made under section 16A(2) of the repealed Act continues to have effect according to its terms as if it were a proclamation made under section 50. 13—Transitional provisions—mining (1) This clause applies to a mining authority granted, or purportedly granted, under a mining Act and that is in force, or purportedly in force, immediately before the commencement of this clause. (2) Despite a provision of Part 7 of this Act, a mining authority to which this clause applies— (a) will, despite a provision of the repealed Act, be taken to have been validly granted; and (b) will, subject to the relevant mining Act, be taken to continue in accordance with its terms until its expiry in accordance with that Act. (3) Section 53 will be taken not to apply to a person who holds a mining authority to which this clause applies to the extent that the holder of the mining authority, and his or her agents, contractors and employees— (a) carries out any mining operations conducted pursuant to the mining authority in accordance with the relevant mining Act; and (b) complies with any conditions or limitations that apply to, or in relation to, the mining authority under the relevant mining Act. (4) For the purposes of this clause, a renewal (however described) of a mining authority to which this clause applies will be taken to be a grant of a new mining authority. (5) A term or phrase used in this clause that is defined in Part 7 of the Act has the same meaning as in that Part. (6) In this clause— relevant mining Act, in relation to a particular mining authority, means the mining Act under which the mining authority was granted or purportedly granted. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Aboriginal Lands Trust Act 2013 repealed the following: Aboriginal Lands Trust Act 1966 Legislation amended by principal Act The Aboriginal Lands Trust Act 2013 amended the following: Aboriginal Heritage Act 1988 Aboriginal Lands Parliamentary Standing Committee Act 2003 Real Property Act 1886 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 2013 81 Aboriginal Lands Trust Act 2013 5.12.2013 1.7.2014 (Gazette 6.2.2014 p546) 2019 45 Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cl 2)—1.1.2021 (Gazette 10.12.2020 p5638) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 1.1.2021 Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002 1.1.2021 Pt 7

s 54

s 54(4) amended by 45/2019 Sch 1 cl 2 1.1.2021 Sch 1

Pts 1—5 omitted under Legislation Revision and Publication Act 2002 1.1.2021

1 Aboriginal Lands Trust Act 2013

The Act operationalises a set of interlocking concepts: Trust Land, the Trust as corporate body, consultative obligations, inalienability with controlled dealing, a commercial and mining architecture, regulatory powers over substances, financial governance and Ministerial oversight. Each has concrete statutory features.

Trust Land. Trust Land is defined expansively and inclusively: it includes land currently owned by the Trust as at the repealed Act, land transferred to the Trust under s41, and any other land declared by regulation to be Trust Land, though regulations may exclude specified land (s3(1)(a)-(c)). A reference to Trust Land includes a part of Trust Land (s3(2)). The Act defines "deal with Trust Land" to include transfer of fee simple, grant of lease, mortgage, licence and other prescribed interests (s3(3)). The Register is the Trust's statutory record of Trust Land and must be available for public inspection (s42(1), (5)-(6)).

Inalienability and controlled dealing. Trust Land is inalienable except as authorised under Part 4 (s43). The Trust may deal with Trust Land but fee simple disposals require a resolution of both Houses of Parliament and satisfaction of native title obligations (s44(1)-(2)). The Act explicitly forbids fee simple transfers where native title would subsist after the transfer (s44(3)). Any dealing not made in accordance with Part 4 is void (s44(7)). The Trust must consult under the statutory consultation process before dealing (s44(5), s8).

Governance architecture. Membership specifications require eight Aboriginal members collectively possessing particular knowledge, skills and experience in community life, natural resources, pastoral and agricultural land management, commercial enterprise, property management, sustainable development and corporate governance (s12(1)). Appointment is by the Governor, on Minister nomination following expressions of interest and a selection panel (ss10-11). The Minister retains significant control over the selection panel and can require further recommendations (s11(7)-(8)). The Trust may establish committees and the Commercial Development Advisory Committee may be established by the Minister to advise on commercial activities (Part 3, ss33-39).

Delegation and conflict disclosure. Both the Minister and the Trust may delegate non‑prescribed functions (Minister: s7; Trust: s19), with written instruments, conditions and the ability to sub‑delegate if provided. A person to whom a function has been delegated must disclose in writing any direct or indirect personal or pecuniary interest in matters to be performed, with a maximum penalty for non‑disclosure of $20,000 (s7(4), s19(4)). The definition of "prescribed function or power" specifically excludes dealings with Trust Land (s19(6)).

Financial structures and fiduciary use. The Trust Fund receives all money paid to the Trust and is held in an account at an ADI (s21(1)). General use of Trust moneys is limited to administration, development/improvement of Trust Land, acquisition of further lands, commercial activities and other purposes specified by regulation (s21(2)). Where funds derive from royalties paid under Part 7 or payments of the kind contemplated by s56, the Trust must apply specified proportions towards improving the relevant Trust Land or the direct benefit of communities living on that land (s21(3)).

Mining and royalties. Part 7 governs mining operations. A mining authority under mining Acts must not be granted in respect of Trust Land unless the person has permission under Part 7 (s52(1)). The Trust must be given opportunity to make submissions before a mining authority is granted (s52(2)). Permission to carry out mining operations on Trust Land requires an application in prescribed form and, save for prospecting applications, the applicant must already have applied for a mining authority and supply the information submitted to the Minister for the mining authority application (s53(2)). If permission is refused, the applicant can request that the Minister responsible for the mining Act refer the application to an arbitrator; arbitral decisions are binding on the Trust, applicant and the Crown (s54(1)-(3), (10)). The Treasurer must pay to the Trust an amount equal to two thirds of total royalty attributable to Trust Land mining, subject to a prescribed annual limit where excess is paid into the Consolidated Account (s55).

Regulation of substances and intoxication provisions. The Governor, on recommendation of the Trust, may make regulations restricting regulated substances on Trust Land, including provision for confiscation, treatment, fines and expiation (s49). The Public Intoxication Act 1984 may be applied to prescribed Trust Land by proclamation on recommendation of the Trust, with specific preconditions for the Trust to make a recommendation and procedural safeguards (s50).

Consultation and dispute resolution. Consultation obligations are explicit, defined to include Aboriginal persons with traditional affiliations and responsibilities, residents on the Trust Land and others with an interest, and are operationalised by regulation (s8). A conciliator can hear appeals by Aboriginal persons aggrieved by Trust decisions and is empowered to give directions and refer matters back to the Trust; the District Court can enforce conciliator directions unless the court finds them unjust or unreasonable (ss58-60).

Transparency and reporting. The Trust must keep proper accounting records, prepare annual statements and be audited annually by the Auditor‑General (s22). The Trust must deliver an annual report to the Minister on or before 30 November each year, incorporating audited accounts, and the Minister must table the report within 12 sitting days (s23).

Administrative oversight. If the Minister is satisfied the Trust has failed to perform or is acting outside power, or is at risk of insolvency, the Minister can direct the Trust to act or refrain from acting, and eventually suspend the Trust and appoint an administrator with all powers of the Trust (ss29-31). The administrator is subject to the Public Sector (Honesty and Accountability) Act 1995 and is to have regard to the objects and principles of this Act (s30(3)(g), (j)).

These main concepts show the Act shifts property and regulatory control into a statutory Trust operating under prescriptive procedural and fiscal rules designed to preserve Aboriginal interests in land while enabling commercial development including mining, subject to consultation, Ministerial oversight and constrained alienation.

The Act creates rights, duties and costs that fall on a defined set of groups and actors. The principal affected parties and how they are affected:

Aboriginal South Australians with interests or responsibilities in Trust Land. The Act is expressly framed to operate for their "continuing benefit" (s5(a)) and requires consultation and regard to Aboriginal interests in decision making (s6(a)-(b), s17(2)). Aboriginal persons who live on, have responsibilities for or have an interest in Trust Land have a statutory appeal right to the conciliator against Trust decisions (s59(1)).
The Aboriginal Lands Trust itself, its members, Chief Executive and staff. The Trust is the statutory corporation charged with acquisition, holding, management and commercial engagement in relation to Trust Land (s9(2), s17). Governance obligations include maintaining a register (s42), keeping audited accounts and preparing an annual report (ss22-23), and following procedures and consultation obligations before dealing with Trust Land (s44(5), s8). Trust members are appointed and removed under defined rules, are limited in term lengths including a cap on consecutive years (s14), and may be exposed to Ministerial direction and suspension (ss29-31).
Minister and Governor. The Minister has appointment, delegation, direction and suspension powers (ss7, 10, 11(7)-(8), 29-31). The Governor makes appointments and regulations and approves allowances (s12, s15, s69). The Governor also formally makes proclamations under s50 to apply the Public Intoxication Act to prescribed Trust Land, on recommendation of the Trust.
Mining companies and applicants for mining authorities. Mining authorities under state mining Acts cannot be granted or renewed in respect of Trust Land except to persons who have Trust permission under Part 7 or who have the Trust’s permission (s52(1)). Applicants must supply their application material to the Trust and may be required to provide further information; the Trust can charge reasonable costs of processing the application (s53(2)-(3), (7)). If the Trust refuses or imposes unacceptable conditions, an applicant can seek arbitration under s54. Mining companies therefore face additional sovereignty‑layer permissions and potential arbitration exposure.
Lessees, licensees and managers of Trust Land. The Trust may appoint a manager of Trust Land who acquires the powers of the lessee (s45(3)(a)), and managers can direct lessees to report on management matters (s46). Lessees must accept that management arrangements may be altered and that managers may act in the lessee’s name; lessees cannot claim compensation for actions taken under Division 3 (s45(6)).
Local councils, the Outback Communities Authority and service providers. The Trust must liaise and ensure access for councils and Outback Communities Authority where Trust Land is within a council area or in the outback, and leases must contain access and service provisions (s57).
The State treasury and the Crown. The Treasurer is required to pay an allocated share of royalties to the Trust (s55). The Act creates new fiscal flows from resource rents to the Trust, subject to a prescribed cap and possible diversion to the Consolidated Account (s55(2)). The Crown is bound by arbitration decisions under s54(10).
Police and authorised officers. Under s49 and s50, police or authorised officers may be empowered to seize regulated substances or vehicles and exercise search powers on prescribed Trust Land, subject to statutory limits and magistrate review for forfeiture (s49(4)-(6), s50(2)(c)).
The broader market in land, credit and development. The inalienability regime, parliamentary approval requirement for fee simple transfers and native title limitations on transfers (s43, s44(2)-(3)) change the availability of Trust Land as market collateral and affect the liquidity of interests in that land. Mortgages and licences remain defined as dealings (s3(3)) but are subject to Part 4 procedures.
Administrators and delegates. The Minister may delegate functions (s7), and the Trust may delegate functions (s19), but both delegations pose conflict disclosure obligations and potential penalties for non‑disclosure (s7(4), s19(4)).

Who pays. Financial obligations fall primarily on applicants (mining applicants may be charged reasonable costs for processing by the Trust under s53(7)), on the Trust (which must fund operations from the Trust Fund but may recover certain costs from lessees, s45(5)), and on the State where royalties are collected and redistributed through the Treasurer (s55). Individuals and officials face monetary penalties or criminal sanctions for specified offences such as unauthorised mining (s53), obstructing administrators or managers (ss32, 47), confidentiality breaches (s64) and certain regulated substance offences imposed by regulation (s49(3)).

Who decides. The Trust is the primary decision maker for land dealings and permissions on Trust Land (s17). The Minister retains appointment, oversight and suspension powers (ss10, 29-31). The Governor exercises appointment and regulatory powers (s12, s69). For mining permissions, the Trust decides but the applicant has a statutory right to arbitration by a Minister‑appointed arbitrator if certain conditions are met (s54).

Collectively, the Act creates a multi‑actor governance system where Aboriginal interests are given statutory primacy in Trust membership and consultative requirements, while executive and parliamentary institutions retain control of major property changes and an oversight role over Trust governance.

The Act imposes specific statutory duties and creates enforceable rights. These are grouped under governance, land dealings, consultation and dispute resolution, financial reporting and use of funds, mining and approvals, and confidentiality.

Governance duties and rights

Duty on Minister to call for expressions of interest for Trust appointments and to publish details of the scheme (s10).
Duty on the Trust to maintain accurate minutes, procedures and to keep the Register of Trust Land; the Chief Executive is responsible for the form and maintenance of the Register (s20(7), s42(1)-(4)).
Right of the Trust to undertake commercial activities subject to Ministerial approval for high‑value transactions as prescribed by regulation (s48(1)-(2)).
Duty on the Trust to comply with good governance, transparency and financial accountability principles (s6(g)), and to have accounts audited annually by the Auditor‑General (s22).

Land dealing duties and restrictions

Inalienability duty: Trust Land is inalienable except as authorised under Part 4 (s43).
Duty to consult before dealing: the Trust must undertake consultation in accordance with s8 when dealing with Trust Land (s44(5), s8).
Parliamentary approval requirement: disposal by transfer or grant of fee simple requires a resolution of both Houses of Parliament and native title compliance (s44(2)(a)-(b), s41(1)).
Duty to make the Register available for public inspection and to correct entries (s42(5), (4)).

Consultation and dispute resolution

Statutory consultation is required with Aboriginal persons with traditional affiliation, residents and others with an interest in the Trust Land; the Act prescribes that regulations will set consultation requirements (s8).
Right to appeal: Aboriginal persons who live on, have responsibilities for, or have an interest in Trust Land may appeal Trust decisions to the conciliator (s59(1)).
Duty on conciliator to give effect to the principles of the Act and the objects, to act fairly and consider Trust’s need to act in interests of all Aboriginal South Australians (s59(5)).
Right to enforce conciliator directions in the District Court; the Court must order compliance unless the direction is unjust or unreasonable (s60).

Financial and reporting duties

Duty to keep proper accounting records and prepare annual statements, with audit by the Auditor‑General at least annually (s22).
Duty to deliver an annual report to the Minister by 30 November incorporating audited accounts (s23); Minister must lay report before Parliament within 12 sitting days (s23(3)).
Duty to place Trust receipts into the Trust Fund bank account at an ADI (s21(1)).
Duty to apply royalties and compensation payments proportionally to the improvement of the related Trust Land or direct benefit of communities on that land (s21(3)).

Mining permissions and associated duties

Duty to obtain Trust permission before carrying out mining operations or regulated activities on Trust Land; contravention is an offence with a maximum $120,000 penalty (s53(1)).
Duty to make applications in a manner and form determined by the Trust and, except for basic prospecting applications, to supply the Trust with the same information provided to the Minister under the mining Act (s53(2)(a)-(b)).
Duty to consult and comply with any regulatory requirements set out in the regulations when applying for mining permission (s53(4)).
Duty on a person making payments or providing consideration to the Trust in respect of the carrying out of mining operations, other than royalty, to notify the Minister of the amount or terms within 14 days (s56(3), penalty $2,000).

Confidentiality and information duties

Duty on persons engaged or formerly engaged in administration of the Act to keep personal information confidential, subject to specified exceptions, and a prohibition on using disclosed information for new purposes, with maximum penalties of $10,000 for non‑compliance (s64(1), (3)).

Delegation and conflict disclosure duties

Duty on delegates of the Minister and the Trust to disclose direct or indirect personal or pecuniary interests in writing; maximum penalty $20,000 for non‑disclosure (s7(4), s19(4)).

Rights of others

Lessees and persons with whom the Trust must consult are entitled to inspect, free of charge, any lease or document relating to a dealing with the Trust Land at the Trust’s principal office (s44(8)).
Lessees are subject to manager authority if the Trust appoints a manager; lessees cannot claim compensation for actions under Division 3 (s45(3)(a), s45(6)).

Administrative powers and obligations creating risk allocation

The Minister may direct and, failing compliance, act to remedy matters with costs recoverable as a debt from the Trust (s29(3), (5)). The Trust cannot claim compensation from the Crown or Minister for actions taken under s29(3) (s29(6)).
The Minister may suspend the Trust after notice and appoint an administrator; the administrator has all functions and powers of the Trust and is subject to the Public Sector (Honesty and Accountability) Act 1995 (s30(1), (3)(f)-(g)).

The Act thus combines prescriptive duties on the Trust to manage and report, protective rights and consultation for Aboriginal persons, an approval right and enforcement power for the Trust over mining and commercial dealings on its lands, and oversight powers for the Minister and Parliament. Rights to appeal and arbitration are provided but subject to statutory timing and procedural requirements.

The Act establishes a mix of civil, criminal and administrative enforcement mechanisms. Penalties are attached to specified offences and enforcement is vested in Ministers, courts, magistrates and statutory officers depending on context.

Criminal and monetary offences

Unauthorised mining or entering Trust Land for mining purposes without Trust permission is an offence with a maximum penalty of $120,000 (s53(1)). If committed by a body corporate, each member of the governing body may be criminally liable unless they prove due diligence prevented the offence (s62).
Breach of delegation disclosure obligations by delegates of Minister or Trust attracts a maximum penalty of $20,000 (s7(4), s19(4)).
Obstructing an administrator or falsely representing assistance to an administrator is an offence with a maximum penalty of $5,000 (s32).
Hinderance or false representation related to managers of Trust Land is similarly an offence, penalty $5,000 (s47).
Failure by a person to comply with a manager’s reporting requirement is punishable by up to $5,000 (s46(2)).
Contraventions of regulations restricting the sale or supply of regulated substances on Trust Land may attract maximum penalties of $2,000 or imprisonment for up to 6 months, while the regulations themselves may set fines up to $1,250 and expiation fees up to $315 (s49(1), (3), (1)(e)-(f)).
Confidentiality breaches by persons engaged in the administration of the Act carry maximum penalties of $10,000 for unauthorised disclosure and $10,000 for unauthorised further use (s64(1), (3)).
Failure to notify the Minister of payments or consideration in respect of mining under s56(3) attracts a maximum penalty of $2,000 (s56(3)).

Civil enforcement and remedies

The District Court can make an order compelling compliance with directions of the conciliator, unless it finds the direction unjust or unreasonable (s60(1)-(2)). Proceedings must be conducted as expeditiously as possible and without undue formality (s60(3)).
The Minister may take action to effect a direction under s29 if the Trust fails to comply; the Minister may recover reasonable costs and expenses as a debt from the Trust (s29(3), (5)). The Trust cannot claim compensation from the Crown for actions taken under s29(3) (s29(6)).
An arbitrator’s determination in mining disputes is binding on the Trust, applicant and the Crown (s54(10)). The Act excludes the Arbitration Act 1891 from applying to arbitrations under s54(11), while otherwise granting the arbitrator commission‑like inquiry powers (s54(4)(b)) and power to award costs against the applicant (s54(6)).

Administrative control and suspension

The Minister may suspend the Trust in prescribed circumstances (s30(1)), and appoint an administrator who has all the functions and powers of the Trust during suspension (s30(3)(f)). The Minister must first notify the Trust and allow a period to remedy the issue before suspension (s30(2)).
The Governor and Minister retain appointment and removal powers for Trust members and committee members, enabling replacement or removal for specified misconduct or incapacity (ss14(3), 35(3)).

Forfeiture and seizure powers

A member of the police force may seize vehicles reasonably suspected to have been used in connection with prohibited sale or supply of a regulated substance on Trust Land (s49(4)). If seized, the matter must be referred to a magistrate and the magistrate may order forfeiture if certain conditions are met (s49(5)-(6)).

Evidentiary provisions and presumptions

Certificates by the Minister or delegates that land was or was not Trust Land are admissible in proceedings in the absence of proof to the contrary (s66(a)). Maps and valuations signed by Surveyor‑General or Valuer‑General are similarly admissible (s66(b)-(c)). These evidentiary presumptions lower procedural barriers to enforcement and expedite disputes.

Recovery and financial enforcement

Reasonable costs incurred by the Trust in dealing with mining applications may be recovered from the applicant as a debt (s53(7)). Similarly, costs of management under s45 are payable by the Trust but recoverable by the Trust from the lessee as a debt (s45(5)).

Interplay of remedies

The Act combines administrative interventions (directions, suspension, appointment of administrator), civil recovery mechanisms (debt recovery for costs and sums), criminal penalties for obstructive conduct and confidentiality breaches, and dispute resolution through conciliator orders, binding arbitration for mining disputes, and court enforcement for conciliator orders. Arbitration outcomes are final and binding on the Crown (s54(10)), narrowing judicial review routes for mining permission disputes aside from enforcement and potential jurisdictional challenge.

Enforcement risks and implementation notes

Enforcement against bodies corporate can extend to each member of the governing body in offences under s53 unless due diligence is shown (s62). This creates corporate governance risk for entities operating on or seeking to operate on Trust Land.
The Minister’s cost recovery right for action taken under s29(5) places financial risk on the Trust if it does not comply with directions.
The evidentiary certificates under s66 create deference to executive records in enforcement proceedings.

Collectively, the Act sets up a layered enforcement regime that blends statutory fines and custodial penalties for regulated substance offences, civil debt recovery, administrative oversight and binding arbitration for resource disputes. Each enforcement pathway is tied to specific privileges and constraints in the Act.

The Act contains multiple provisions that specify interaction with existing South Australian and Commonwealth statutes and with common statutory functions.

Priority over the Real Property Act. Where inconsistent with the Real Property Act 1886, the Aboriginal Lands Trust Act 2013 prevails to the extent of the inconsistency (s4(1)). This foregrounds the Act’s substantive property rules, notably the inalienability of Trust Land and the special dealing procedure in Part 4.

Native title. Native title obligations under the Native Title Act 1993 (Cth) must be satisfied before fee simple disposals by the Trust (s44(2)(b)). The Act also uses the term "native title holder" as defined in the Native Title (South Australia) Act 1994 (s3(1)), and disallows fee simple transfers that would leave the estate subject to native title post‑transfer (s44(3)). The Act therefore deliberately aligns with Commonwealth native title procedures and limits disposals that would interfere with existing native title.

Mining Acts. Part 7 defines "mining Acts" to include the Mining Act 1971, Opal Mining Act 1995, Petroleum and Geothermal Energy Act 2000 and any other Act declared by regulation to be included (s51). It then provides that a mining authority under a mining Act cannot be granted in respect of Trust Land unless the person has permission under Part 7 (s52(1)). The Minister administering the relevant mining Act must allow the Trust an opportunity to make submissions on conditions prior to grant or renewal (s52(2)). The Act also modifies the operation of "notice of entry" provisions in the mining Acts by specifying that, for persons with permission under Part 7, they are not required to serve a notice of entry under the relevant mining Act (s52(3)). This integrates Trust consent into the existing mining regulatory framework while preserving the mining Acts' internal processes for grants by allowing preliminary steps to proceed (s52(1), note).

Public Intoxication Act 1984. The Act enables application of the Public Intoxication Act 1984 to prescribed Trust Land with modifications, including the appointment of authorised officers on the Trust’s recommendation and the extension of powers of police and authorised officers in relation to search, stop and confiscation powers on prescribed Trust Land (s50). The Act restricts the Trust from recommending such proclamations unless proposals originate from within affected Aboriginal communities and the Trust is satisfied of general community agreement (s50(5)).

Crown Land Management Act 2009. The Act allows unalienated Crown land and land owned by a Minister to be transferred to the Trust by transfer or grant of fee simple provided that transfer is effected by both Houses of Parliament (s41(1)). It also expressly removes the applicability of certain provisions of the Crown Land Management Act 2009 to transfers to the Trust (s41(2), referencing ss24(2), 25 and 26 of the Crown Land Management Act).

Real Property Act and Registrar‑General. Where land is transferred to the Trust under s41, the Registrar‑General must take steps under the Real Property Act 1886 to give effect to the transfer (s41(3)). The Act both prioritises itself over the Real Property Act in inconsistencies (s4(1)) and uses the Real Property Act machinery for registration.

Other Acts and regulations. The Act requires the Trust to manage Trust Land in accordance with the Aboriginal Heritage Act 1988 and any other relevant Act or law as part of the principles (s6(f)). The regulations made under the Act may adopt or incorporate codes, standards or policies prepared by ministers or prescribed bodies, with the regulations able to take retrospective effect within certain limits (s69(3)-(4)).

Administrative law overlay. Ministerial directions, suspensions and appointments of administrators (ss29-31) integrate the Trust into the executive administrative law framework. The Public Sector (Honesty and Accountability) Act 1995 applies to administrators appointed under s30(3)(g). Delegation provisions permit both Minister and Trust to delegate functions subject to conflict disclosure (s7, s19), and the Act prescribes that certain functions (notably dealings with Trust Land) are "prescribed functions" that cannot be delegated under s19(6).

Arbitration and courts. For mining permission disputes, the Act creates a bespoke arbitration scheme under s54 that is binding and outside the scope of the Arbitration Act 1891 (s54(11)). The District Court is given an enforcement role for conciliator directions under s60, and evidentiary presumptions in s66 facilitate courts accepting Ministerial certificates, departmental maps and valuation certificates in the absence of contrary proof.

Tax and stamp duty. Instruments relating to conveyance or transfer or creation of any other interest in Trust Land are exempt from stamp duty (s61), which interacts with state revenue laws by creating a fiscal concession for dealings in Trust Land as defined by the Act.

Transitional continuity. The Schedule contains transitional provisions ensuring continuity of existing leases, licences, manager appointments and mining authorities granted under the repealed Aboriginal Lands Trust Act 1966 (Schedule 1, cl7-13). Clause 13 ensures that existing mining authorities are taken to have been validly granted and remain in force until expiry under the relevant mining Act, and that s53 will not apply to holders of those authorities to the extent of operations conducted in compliance with the relevant mining Act (Schedule 1, cl13(1)-(3)).

Overall, the Act embeds Trust governance within the pre‑existing statutory lattice of property, native title, mining, public intoxication and Crown land management regimes while asserting its own priority for specific property and administrative rules. Practitioners must therefore map the Act’s procedural requirements against other enabling statutes in any given transaction or enforcement action.

The source reproduces the legislative history recorded in the Act document. The principal Act is the Aboriginal Lands Trust Act 2013 (No 81 of 2013), which received assent on 5 December 2013 and commenced on 1 July 2014 (Gazette reference) (Legislative history table). The 2013 Act repealed the Aboriginal Lands Trust Act 1966 (see "Legislation repealed by principal Act").

Subsequent amendment recorded in the source:

Supreme Court (Court of Appeal) Amendment Act 2019 (No 45 of 2019) amended a provision of the Aboriginal Lands Trust Act 2013: Sch 1 (cl 2) amended s54(4). The commencement date provided in the legislative history is 1 January 2021 for the amendment (Gazette 10.12.2020 p5638). The marginal note in the legislative history indicates s54(4) was amended by the 2019 Act.

Statutory revision entries: The legislative history also notes that provisions were "omitted under Legislation Revision and Publication Act 2002" with an effective date of 1 January 2021 for several parts and sections indicated in the table. The table shows that various technical editorial updates or omissions arising from the Legislation Revision and Publication Act 2002 appear to have been processed on 1 January 2021. The Long title was amended under the Legislation Revision and Publication Act 2002 effective 1 January 2021, and several references to omitted provisions are noted without altering substantive operation in the text reproduced.

Transitional provisions. The Act contains detailed transitional provisions (Schedule 1) that operate on commencement to vacate member offices (cl7), transfer staff employment to the Trust (cl8), continue appointments of managers appointed under the repealed Act (cl9), preserve continuation of existing leases and licences (cl10), and effect transitional treatment of regulations under Part 6 and application of the Public Intoxication Act provisions and mining authorities (cl11-13). These transitional clauses are part of the initial legislative package that moved the regime from the 1966 Act to the 2013 Act on commencement.

Practitioners should note the following from the source: the 2019 amendment specifically intervened in s54(4) which concerns the qualifications and powers of an arbitrator in mining disputes. The legislative history does not list any other substantive amendments between 2013 and the 2019 Act in the table provided. No further amendment detail is provided in the source beyond what is shown in the legislative history snapshot.

If users need updated amendments beyond those recorded in the provided source, they should consult the official state legislation register or the consolidated Act as currently in force, because this extract may not reflect subsequent subordinate instrument changes or later amending Acts beyond 2019.

The Act text provided does not identify any court decisions, reported litigation or judicial interpretation arising from the Aboriginal Lands Trust Act 2013. The statutory text itself names no cases and the legislative history included in the source lists only parliamentary amendments and repealed provisions. There are no judgments cited within the Act as authority, and the Act does not reference any particular case law.

What the Act provides for dispute resolution, however, is notable and relevant to likely litigation pathways:

For administrative disputes concerning Trust decisions on Trust Land, the Act establishes an internal conciliator (s58) and provides an appeal route to the conciliator for Aboriginal persons aggrieved by Trust decisions (s59). The conciliator’s directions are enforceable via the District Court under s60, and the Court must order compliance unless the direction is unjust or unreasonable. This mechanism is likely to be the first recourse and may limit the number of disputes that proceed to conventional judicial review or full litigation if conciliator remedies are effective.
For mining permissions, the Act creates a binding arbitration mechanism whose determinations are final and binding on the Trust, applicant and the Crown (s54(10)). The Act also excludes the application of the Arbitration Act 1891 to these arbitrations (s54(11)). An applicant dissatisfied with Trust decisions under s53 can request the Minister to refer the matter to an arbitrator, who must be a judge or suitably experienced legal practitioner and has commission‑like powers (s54(4)). Binding arbitration is likely to reduce the volume of court litigation about the substance of mining permission disputes, though questions of jurisdiction, procedural fairness of the arbitration, or constitutional and administrative law grounds might still produce litigation in appropriate cases.

Given the binding nature of arbitrator decisions and the enforcement power via the District Court for conciliator directions, the Act structurally channels disputes into alternative dispute resolution and administrative enforcement frameworks that may limit conventional court litigation. However, because the Act itself is silent on any reported decisions, counsel should expect to rely on the Act’s statutory text and any judicial interpretation in subsequent cases, which are not provided in the source. For current judicial treatment or precedent, one must search court databases for decisions that reference the Act, since none are included in this legislative extract.

This Act contains multiple drafting features and mandatory steps that can catch practitioners and parties by surprise. The following concrete "gotchas" are grounded in specific provisions.

Fee simple transfers require Parliament. The Trust may dispose of Trust Land by transfer of the fee simple only if a resolution of both Houses of Parliament authorises the transfer (s44(2)(a)). This is not an administrative ministerial approval; it requires parliamentary resolution. Any attempt to shortcut this will render the dealing void (s44(7)).
Native title prohibition on certain transfers. The Trust is explicitly denied power to transfer land by fee simple where the fee simple estate would, after transfer, remain subject to native title (s44(3)). That creates a categorical bar to vendors who have native title in a land interest being extinguished only by a transfer that would leave native title intact.
"Deal" is broad and regulated. The Act’s definition of "deal with Trust Land" explicitly includes mortgages and licences (s3(3)). Therefore financing arrangements that typically rely on mortgage security require compliance with Part 4 dealing procedures; lenders must ensure Trust procedural requirements are met or risk unenforceability.
Delegation is limited for prescribed functions. The Trust may delegate powers (s19) but a "prescribed function or power" cannot be delegated, and the Act defines "prescribed function or power" to include dealings with Trust Land (s19(6)). Practically, major land dealings cannot be delegated away from the Trust itself.
Ministerial control over appointments and selection. Although a selection panel makes recommendations, the Minister may require another recommendation or a panel of persons from which the Minister may select (s11(8)). The panel is also subject to Ministerial direction except for the recommendation decision (s11(7)). That concentrates practical appointment control with the Minister.
Mining permission is a separate statutory permission to the mining authority. Mining applicants must obtain Trust permission under Part 7 prior to conducting operations on Trust Land, and the Trust may require the applicant to provide the same materials submitted to the Minister for mining authority (s53(2)(b)(ii)). Failing to secure Trust permission may attract the s53 offence and a maximum $120,000 penalty (s53(1)). Transitional clauses preserve existing mining authorities, but new or renewed authorities will need to respect Part 7 (Schedule 1, cl13).
Arbitration can be final and binding. If the Trust refuses or delays permission for mining, applicants can seek an arbitrator through the Minister responsible for the mining Act, and the arbitrator’s determination is binding on the Trust, applicant and the Crown (s54(10)). The arbitrator has broad inquiry powers and can award costs to the Trust (s54(4)-(6)). The Arbitration Act 1891 does not apply (s54(11)), which changes the usual arbitration procedural regime.
Royalty allocation has a cap and dedicated spending. Two thirds of royalties must be paid to the Trust via the Treasurer (s55(1)), but if the total exceeds a prescribed limit in any financial year, the excess goes into the Consolidated Account (s55(2)). One half of the amount paid under s55 must be applied to improving the Trust Land or the direct benefit of communities living there (s21(3)); this ties resource revenue to local land‑specific outcomes.
Confidentiality restrictions are strict and multi‑purpose. Persons engaged in administration cannot divulge personal information except in tightly enumerated circumstances, and disclosed information cannot be repurposed without penalty (s64(1), (3)). Penalties are $10,000 for unauthorised disclosure or use.
Ministerial action can be costed back to the Trust. If the Minister acts under s29(3) to remedy a Trust failure, the Minister may recover reasonable costs from the Trust as a debt (s29(5)). The Trust cannot claim compensation from the Crown for such actions (s29(6)). That exposes Trust assets to enforcement for compliance failures.
Managers can exercise lessee powers and recover costs from lessees. A manager appointed under s45 has all powers of the lessee and acts on the lessee’s behalf (s45(3)(a)), and management costs are payable by the Trust but recoverable by the Trust as a debt from the lessee (s45(5)). Lessees lose practical autonomy when a manager is appointed and cannot claim compensation for actions taken under Division 3 (s45(6)).
Evidence presumptions ease government proofs. Certificates by the Minister, Surveyor‑General maps and Valuer‑General certificates are prima facie proof in proceedings unless the contrary is shown (s66). Practitioners should anticipate these presumptions in disputes and prepare to rebut them if necessary.
Regulations can be retroactive to an extent. Regulations may take effect from an earlier day than made, but not to prejudice persons other than the Crown or to impose retroactive liabilities (s69(4)). This gives regulatory flexibility but constrains prejudicial retrospective application.
Restricted delegation of certain functions. The Minister may delegate functions other than "prescribed functions or powers" (s7(1)), but persons delegated must disclose conflicts and risk a penalty for non‑disclosure (s7(4)). The combination means major land dealings cannot be delegated away from responsible bodies and conflicts must be managed in writing.
Public Intoxication Act proclamations require community initiation. The Trust cannot recommend proclamation under s50(4) unless a proposal was initiated from within the affected Aboriginal communities and the Trust is satisfied of general agreement (s50(5)). That creates a precondition that protects communities from unilateral proclamations but requires documented local initiation.

Practitioners should check these specific provisions early in transactions or disputes affecting Trust Land. Failure to observe the parliamentary approval requirement, native title constraints, the Trust permission requirement for mining, delegation limits and confidentiality rules are the most frequent practical pitfalls.

Compliance under the Act is a combination of administrative process control, consultative duties, statutory filings and procurement of specific consents. Below are practical steps and checklists for the main actors: the Trust, mining applicants/developers, lessees, the Minister and government agencies, and third parties.

For the Trust (operational checklist)

Maintain the Register: ensure the Register of Trust Land is complete, accurate and publicly accessible at the principal office and electronically if desired (s42(1), (5)). The Chief Executive must correct inaccurate entries (s42(3)-(4)).
Observe consultation procedures: develop and document consultation processes that meet the statutory requirements and any regulations, ensuring engagement with Aboriginal persons with traditional affiliations, residents and other interest holders before dealing with Trust Land or making recommendations under s49 and s50 (s8, s44(5), s49(2), s50(5)).
Document meeting procedures and minutes: keep accurate minutes of meetings and ensure quorum and decision rules are followed (s20(1), (7)). Adopt written procedures and resolution processes for out‑of‑meeting decisions to validate those decisions (s20(6)).
Financial and reporting compliance: deposit all receipts into the Trust Fund held at an ADI, keep accounting records, prepare annual statements and obtain Auditor‑General audits annually; deliver an annual report to the Minister by 30 November and ensure tabled within 12 sitting days (s21(1), s22, s23).
Delegation and conflict management: when delegating functions, prepare written instruments, set conditions, and ensure any delegate discloses any direct or indirect personal or pecuniary interest in writing to the Trust; retain records of disclosure to avoid $20,000 penalty exposure (s19(1), (4)).
Management of leases and managers: if appointing a manager under s45, prepare a written instrument specifying terms and compliance with regulatory requirements, and document cost recovery arrangements with the lessee (s45(2), (5)).
Prepare procedures for dealing with mining applications: set application forms and information requirements so applicants provide the same information submitted to Ministers under the relevant mining Acts; adopt timeframes for processing and mechanisms to recover reasonable costs for processing applications (s53(2)-(3), (7)).
Ensure confidentiality compliance: institute secure protocols for personal information and training for staff on s64 constraints to avoid $10,000 penalties (s64).

For mining applicants and resource developers

Secure Trust permission before commencing operations: do not rely solely on a mining authority under state mining Acts; apply to the Trust in the manner and form it requires and provide the same material supplied to the Minister (s52(1), s53(2)(b)(ii)).
Anticipate consultation and regulatory requirements: expect the Trust to require consultation and be prepared to fund and participate in community consultation and to wait for Trust decision or pursue arbitration if refused or delayed (s53(4), s54).
Budget for costs and compensation: pay attention to the Trust’s right to recover reasonable costs of processing applications (s53(7)), prepare to enter into payments or compensation that must be reasonably proportioned to disturbance (s56(2)) and to notify the relevant Minister of payments within 14 days (s56(3)).
Arbitration readiness: if the Trust refuses or imposes unacceptable conditions, an applicant can request referral to an arbitrator; prepare for an arbitration that is binding and conducted under the Act’s special regime (s54).

For lessees and licensees

Expect manager appointment risk: be ready for a manager to be appointed by the Trust with powers of a lessee; maintain transparent records and be prepared to report to a manager under s46(1) and satisfy reporting requirements to avoid fines (s46(2)).
Lease terms and council access provisions: ensure lease documentation includes required provisions to grant access for councils or Outback Communities Authority in order to comply with s57(3).

For the Minister and government agencies

Use prescribed delegation forms: when delegating functions, use written instruments and document any conflict disclosure in accordance with s7.
Prepare for involvement in mining arbitrations: the Minister responsible for the mining Act appoints the arbitrator and must consult with the Trust about the prospective appointee at least 21 days before appointment (s54(2)-(3)). Anticipate this role and make procedural arrangements.
Manage Crown land transfers appropriately: transfers of unalienated Crown land or land owned by a Minister to the Trust require a resolution of both Houses (s41(1)) and do not fall under certain Crown Land Management Act provisions (s41(2)); prepare parliamentary material and Registrar‑General steps (s41(3)).

For councils and service providers

Coordinate service access rights in leases: liaise with the Trust on required lease provisions to maintain legal access for service delivery (s57(3)(a)) and negotiate operational protocols.

For all parties concerned with evidence and disputes

Preserve documents supporting or contrary to Minister/Surveyor/Valuer certificates: be ready to rebut s66 evidentiary presumptions by preparing documentary and expert evidence (s66).

Administrative and operational risk management

Keep timetables and notice records: the Minister must give notice before directing or suspending the Trust and allow an opportunity to remedy (ss29(2), 30(2)); document remediation steps to avoid escalation and cost recovery.
Stamp duty: claim the Act’s stamp duty exemption for instruments relating to Trust Land when preparing conveyance documents (s61).

These steps provide an operational map to compliance. In all significant dealings, obtain contemporaneous legal and native title advice because the Act ties many processes to native title obligations and parliamentary approval steps that cannot be sidestepped by ministerial shortcuts.

Aboriginal Lands Trust Act 2013

Plain English Summary

Deep Dive

What it does

Current sections

Aboriginal Lands Trust Act 2013

Source text: opening excerpt

1 Aboriginal Lands Trust Act 2013

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply