Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (South Australia) — Zoe

South Australia act

Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981

In ForceSA

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South Australia

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act

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What this law does, in plain English

Vests land in a named Aboriginal corporate body and sets the rules for managing it. The Governor may grant (in fee simple) the lands listed in Schedule 1 to the corporate body called Anangu Pitjantjatjara Yankunytjatjara (APY) (s 15). Land vested under the Act is generally inalienable (s 17).
Creates APY as a statutory corporation with all Anangu as members and a common seal (s 5). It sets out APY's functions (consulting traditional owners, protecting their interests, negotiating access, and administering the land) and a list of corporate powers such as entering contracts, granting leases under specified limits, appointing staff and holding land outside the vested lands (s 6).
Establishes a governance structure. APY is governed by an elected Executive Board (up to 14 members) with separately elected male and female representatives from each electorate and election rules in Schedule 3 (s 9, Schedule 3). The Act prescribes duties of care, honesty and conflict disclosure for Board members, a requirement to prepare a code of conduct and governance training for Board members (ss 12B–12F, 9(9)). The Executive Board may delegate many functions to the General Manager, but some powers (for example, granting leases or permits) cannot be delegated (s 9F).
Provides for professional administration. The Executive Board appoints a Director of Administration and a General Manager with specified functions and statutory duties; the Minister must approve terms of appointment (ss 13B–13G, 13I–13K).

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What it does

The Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 is South Australian legislation that vests freehold title to a large tract of land (the lands, described in Schedule 1) in a body corporate named Anangu Pitjantjatjara Yankunytjatjara. The objects set out in section 4A(1) are: to provide for and subsequently acknowledge Anangu ownership of the lands; to establish Anangu Pitjantjatjara Yankunytjatjara as a body corporate and set out its powers and functions; and to provide for efficient and accountable administration and management of the lands by that body. Section 4A(2) states an object that Anangu men and Anangu women be afforded the opportunity to have equal representation on the Executive Board. The Act creates the governance framework for the lands, including an Executive Board (up to 14 members, one male and one female from each of seven electorates - see section 9 and Schedule 3 clause 2), a Director of Administration and a General Manager. It defines who is Anangu (a member of the Pitjantjatjara, Yankunytjatjara or Ngaanyatjarra people who is a traditional owner of the lands) and provides that all Anangu are members of the body corporate (section 5(2)). The Act also establishes rules for entry onto the lands by non-Anangu (section 19), for mining operations (section 20), for the Mintabie precious stones field (Part 3 Division 4), for road construction (Part 3 Division 6), and for dispute resolution through a panel of conciliators and a Court of Disputed Returns. Importantly, section 17 makes the land inalienable: no estate or interest may be alienated from the body corporate or compulsorily acquired. The Act gives Anangu Pitjantjatjara Yankunytjatjara a wide range of powers, including the power to grant leases and licences (subject to duration limits and resolution requirements - section 6), to sue and be sued, to enter contracts, and to make a constitution. The Act also provides for ministerial oversight, including a power under section 13O to suspend the Executive Board and appoint an Administrator. Royalty from minerals recovered from the lands is split three ways: one third to the body corporate, one third to the Minister for the health, welfare and advancement of Aboriginal inhabitants of the State generally, and one third to general revenue (section 22).

Current sections

Direct links to the current provisions in Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981.

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Ownership and control: the Act converts Crown/lease interests into APY fee-simple title (s 15) and then restricts alienation and compulsory acquisition (s 17). The effect is to centralise land-ownership decisions in APY while protecting the land from ordinary market transactions (s 17).
Governance oversight vs local autonomy: APY (through its Executive Board) makes most day-to-day decisions (ss 9B, 10) and must consult traditional owners for land decisions (s 7). At the same time, the Minister has formal supervisory tools—directions (13N), suspension and appointment of an Administrator with full powers (13O). Those tools introduce a public-checkpoint and considerable Ministerial discretion (see s 13O(1)–(2)).
Limits on private contracting freedom: APY may grant leases and licences (s 6(2)), but those interests cannot be mortgaged and are tightly restricted in transferability (s 6(6)–(7)), which constrains how private parties can use such interests as security or trade them (s 6(6)–(7)). APY must not unreasonably withhold consent, and cannot charge more than reasonable expenses for considering consent (s 6(8)), but the Board decides consent and sets conditions (s 6(2), s 6(8)).
Mining economics and incentives: mining permission requires APY approval, and where disagreement exists, a judge-arbitrator resolves the dispute with explicit factors to weigh including cultural impacts and economic significance (s 20(15)). Royalties flow in thirds (s 22), and off-record or unauthorised payments are penalised and recoverable to the Crown (ss 23, 21(4)). These rules change the structure of mining project returns, require transparency and create compliance obligations for mining applicants.
Administrative compliance burden: the Act requires written applications, prescribed fees, criminal‑history checks for certain candidates/applicants and supporting documents to be provided or re-provided to APY (Schedule 3 cl 6(4), ss 29C(3), 29D(5)). Board members and senior officers have statutory duties and training requirements (ss 9(9), 12B–12D, 13H–13J). Budgets, remuneration and appointments require Ministerial approval within statutory timeframes (ss 9E, 13A, 13B(4), 13D(4)). These create recurring administrative steps and timelines.
Enforcement and penalties: the Act provides specified criminal penalties for unauthorised entry (s 19), unlawful mining (s 20), electoral wrongdoing (s 9A) and supply of regulated substances (s 42D). Some enforcement includes civil recovery (royalty fund, s 22), debt recovery for APY costs (s 20(7a)), and vehicle seizure and forfeiture (s 42D(2)–(3), s 43(7)–(8)).

Main concepts

Anangu is defined in section 4(1) as a person who is a member of the Pitjantjatjara, Yankunytjatjara or Ngaanyatjarra people and a traditional owner of the lands or part of them. Traditional owner is defined separately as an Aboriginal person who has, in accordance with Aboriginal tradition, social, economic and spiritual affiliations with, and responsibilities for, the lands or any part of them. The lands means the areas described in Schedule 1, which includes the North West Reserve and various pastoral blocks. Anangu Pitjantjatjara Yankunytjatjara is the body corporate constituted by the Act (section 5), and all Anangu are its members. The Executive Board is defined as the board constituted under the Act, which is the governing body responsible for day-to-day business and carrying out the body's functions (section 9B). Mining operations means operations authorised under the Mining Act 1971 or the Petroleum Act 1940 (section 4(1)). A mining tenement is a right, permit, claim, lease or licence under those Acts. The Act also defines serious offence (section 4(1)), which includes a wide range of criminal offences under the Criminal Law Consolidation Act 1935 and other legislation, including offences against section 9A (election offences) and section 42D (regulated substances). Regulated substance means petrol and any other substance declared by regulation (section 4(1)). The constitution of the body corporate is a key concept: it governs proceedings and administration (section 14) and must be consistent with the Act. The Act creates a Mintabie precious stones field, which is that part of the lands declared to be a precious stones field under the Opal Mining Act 1995 (section 25). The Mintabie township lease area is set out in the Mintabie Township Lease Agreement. The Act also establishes a Court of Disputed Returns (Schedule 3 Part 4) to hear petitions disputing the validity of elections. The panel of conciliators under Part 4 is another central concept for resolving disputes on the lands.

Who it affects

The Act directly affects all Anangu, as defined (members of the Pitjantjatjara, Yankunytjatjara and Ngaanyatjarra peoples who are traditional owners of the lands). They are members of the body corporate, have unrestricted rights of access to the lands (section 18), are entitled to vote in elections for the Executive Board (Schedule 3 clause 6B), and may attend general meetings and inspect minutes and the constitution. The Executive Board, its members, the Director of Administration, the General Manager, and employees of the body corporate are all subject to duties of care, diligence and honesty, as well as conflict of interest provisions (sections 12B-12E, 13H-13K). The Act also affects persons who are not Anangu but who seek to enter the lands or carry out mining operations. Section 19 makes unauthorised entry an offence, and section 20 makes unauthorised mining an offence. Any person desiring to use, occupy or gain access to any part of the lands must negotiate with the body corporate (section 6(1)(c)). Mining applicants must obtain permission under section 20 and comply with conditions. State officials are also affected: police officers, officers acting in the course of official duties, the Electoral Commissioner, and persons acting under the Independent Commission Against Corruption Act 2012 are exempt from the entry offence but must give reasonable notice (section 19(8)-(9)). The Minister has powers to direct or suspend the Executive Board (sections 13N, 13O), which affects the governance of the lands. The Commissioner of Highways may carry out road works with the consent of the body corporate, subject to the specific provisions of Part 3 Division 6. The Mintabie precious stones field provisions affect miners, residents and business operators in that area, who require licences under section 29D and comply with entry rules under section 29C. The Court of Disputed Returns and the panel of conciliators provide avenues for affected persons, including Anangu aggrieved by decisions of the Executive Board.

Key duties and rights

Anangu have a fundamental right under section 18 to unrestricted access to the lands. They also have the right to attend and vote at general meetings of the body corporate (section 8), to inspect minutes of Executive Board meetings (section 10(8)), the constitution (section 14(8)), the code of conduct (section 12F(8)), and guidelines (section 12G(3)). They may also make requests for special general meetings (section 8(4)). The Executive Board has a duty under section 6(1)(a) to ascertain the wishes and opinions of traditional owners and, where practicable, give effect to them. Section 7 imposes a mandatory consultation requirement: before carrying out any proposal relating to administration, development or use of any portion of the lands, the body corporate must consult with traditional owners having a particular interest, ensure they understand the proposal and have had an opportunity to express their views, and obtain their consent. Members of the Executive Board have a duty under section 12B to exercise reasonable care and diligence (subject to a defence under subsection (2) for acting in accordance with a lawful resolution of the body). Section 12C requires honesty, and section 12D imposes detailed conflict-of-interest obligations, including disclosure, non-participation in discussion and voting, and removal from the meeting room. Breach of sections 12C or 12D gives rise to civil liability under section 12E to account for profits and compensate for loss. The Director of Administration and General Manager have equivalent duties under sections 13H, 13I and 13J, with civil liability under section 13K. The Executive Board must prepare a code of conduct (section 12F) and guidelines for contracts (section 12G). Prudential requirements under section 12H require a report on projects expected to exceed 20 per cent of the approved budget, addressing matters such as revenue projections, financial viability, and risks. The body corporate must keep proper accounts and have them audited (section 13), and prepare annual reports and budgets (section 13A). The Minister has the power to direct the Executive Board if it refuses or fails to act and a detriment to Anangu results (section 13N). The Minister may also suspend the Executive Board and appoint an Administrator (section 13O). The administrator has all the functions and powers of the body corporate, but must still endeavour to advance the interests of Anangu and comply with consultation requirements (section 13O(2)(l)).

Penalties and enforcement

The Act creates numerous criminal offences, many with significant penalties. Under section 9A, offences relating to elections include bribery, violence, intimidation (maximum $10,000 or seven years imprisonment), dishonest voting or influencing results (maximum $5,000 or one year), and clandestine discovery of how another voted (maximum $1,250 or three months). Unauthorised entry onto the lands by a non-Anangu is an offence under section 19. If intentional, the maximum penalty is a fine of $2,000 plus $500 for each day the person remained on the land after entry; otherwise a fine of $200. Contravening conditions of entry carries a fine of $2,000 plus $500 per day (section 19(5b)-(5c)). Unauthorised mining operations carry a fine of $10,000 plus $1,000 per day (section 20(2)). Section 23 makes it an offence (maximum $50,000 or ten years imprisonment) to give, offer or agree to give payment or other consideration (without the consent of the relevant Minister) in connection with obtaining permission to carry out mining operations. Section 24 requires that payments for mining disturbance be reasonably proportioned to the disturbance, with a $2,000 penalty for failing to notify the Minister. Offences relating to regulated substances under section 42D carry a maximum penalty of $50,000 or ten years imprisonment; police may also seize motor vehicles used in connection with such offences, which are forfeited to the Crown on conviction, with proceeds paid to the body corporate (section 42D(2)-(3)). The Act also provides for civil liability. If a member of the Executive Board, the Director of Administration or the General Manager breaches the duty of honesty or conflict of interest, the body corporate may recover an amount equal to any profit made and compensation for loss or damage (sections 12E, 13K). Enforcement of conciliator directions can be sought in the District Court under section 37, which may make an order compelling compliance unless the direction is unjust or unreasonable. The Court of Disputed Returns (Schedule 3 Part 4) has jurisdiction to declare elections void or that a candidate was not duly elected. An illegal practice under section 9A may lead to such a declaration, but the Court cannot void an election unless satisfied that the result was affected, except in the case of bribery to induce candidature or dishonest influences where the illegal practice is taken to have affected the result unless the contrary is proved (Schedule 3 clause 23). By-laws made under section 43 may themselves create offences with penalties up to $2,000; contravention of a by-law controlling sale or supply of alcohol carries up to $2,000 or two years imprisonment.

How it interacts with other laws

The Act interacts with a range of other legislation, often by overriding or modifying them. Section 20(1) expressly provides that mining operations on the lands without permission are an offence notwithstanding the provisions of any other Act. Section 21 sets out the interaction with the Mining Act 1971 and the Petroleum Act 1940 (now the Petroleum and Geothermal Energy Act 2000). A mining tenement cannot be granted in respect of the lands except to a person who has permission under section 20 (section 21(2)). Before granting a tenement, the relevant Minister must afford the body corporate a reasonable opportunity to make submissions on conditions (section 21(3)). Section 22 provides that royalty paid under the Mining Act or Petroleum Act is paid into a separate fund and then split as described above. Section 23 prohibits certain payments in connection with obtaining permission, requiring ministerial consent. Section 27 of the Act (in Part 3 Division 4 on Mintabie) provides that the Division does not derogate from the Mining Act or Opal Mining Act, but the consent of the body corporate is not required for pegging out a precious stones claim on the Mintabie field. Section 29C governs entry to the field, and section 29D covers licences to occupy land in the Mintabie township lease area. The Retail and Commercial Leases Act 1995 and the Residential Tenancies Act 1995 do not apply in relation to premises or land in that lease area (section 27(3)). The Outback Areas Community Development Trust Act 1978 does not apply to the lands (section 42(1)), though the Trust may expend money for the benefit of Mintabie residents. Section 42A provides that for the purpose of determining whether any part of the lands is a public place under another Act or law, restrictions on access under this Act are disregarded. Roads on the lands are within the scope of road traffic and motor vehicle laws (section 42A(2)). Section 42B applies provisions of the Pastoral Land Management and Conservation Act 1989 relating to overstocking to the grazing of stock on the lands, treating the lessee or the body corporate as the holder of a pastoral lease. Section 40 exempts the lands from land tax. Section 42C provides protection from personal civil liability for acts or omissions in good faith, with liability lying instead with the body corporate. The Act also provides that the Arbitration Act 1891 does not apply to arbitrations under section 20 (section 20(18)). The constitution of the body corporate must be consistent with the Act, and amendments are void unless made in accordance with section 14.

Amendment history

The Act was originally enacted as the Pitjantjatjara Land Rights Act 1981 (Act No. 20 of 1981), assented to on 19 March 1981 and commencing on 2 October 1981. It has been amended numerous times. A 1987 amendment (No. 50) made various changes, including inserting definitions of petrol and the offence relating to regulated substances (then section 42D, which later expired and was reinserted). In 2004, the Pitjantjatjara Land Rights (Executive Board) Amendment Act (No. 25) introduced a new election system, including Schedule 3 with election rules and the Court of Disputed Returns. The 2005 Pitjantjatjara Land Rights (Miscellaneous) Amendment Act (No. 52) was a major restructuring: it changed the name of the body corporate from Anangu Pitjantjatjara to Anangu Pitjantjatjara Yankunytjatjara, substituted many sections, introduced the Director of Administration and General Manager, the code of conduct, prudential requirements, and the Minister's limited intervention powers (Division 4B). It also inserted section 4A objects. In 2006, two significant amendments occurred: the Statutes Amendment (New Rules of Civil Procedure) Act (No. 17) and the Anangu Pitjantjatjara Yankunytjatjara Land Rights (Regulated Substances) Amendment Act (No. 19), which inserted new section 42D and related provisions. The 2009 Anangu Pitjantjatjara Yankunytjatjara Land Rights (Mintabie) Amendment Act (No. 83) substituted Part 3 Division 4 to restructure the Mintabie precious stones field provisions, including the licensing regime under section 29D and the entry rules under section 29C. The 2013 Statutes Amendment (Directors' Liability) Act (No. 16) substituted section 23 (mining bribery offence). The 2014 and 2016 miscellaneous amendment acts (Nos. 22 and 38) made further changes, including introducing the concept of serious offence, revising casual vacancy provisions, and amending the election rules. The 2017 Anangu Pitjantjatjara Yankunytjatjara Land Rights (Suspension of Executive Board) Amendment Act (No. 24) amended section 13O to allow the Minister to suspend the board. The 2019 Supreme Court (Court of Appeal) Amendment Act (No. 45) updated references to the Court of Appeal. The 2021 Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act (No. 38) deleted a definition of Independent Commissioner Against Corruption and amended section 19. The Act was originally cited as the Pitjantjatjara Land Rights Act 1981 but the short title was amended to the current name by the 2005 amendments.

Litigation history

The Act itself establishes several mechanisms for dispute resolution and litigation, but does not mention any specific court cases. It explicitly provides that the validity of any election or return may be disputed in accordance with Schedule 3 and not otherwise (section 9(7)). The Court of Disputed Returns, constituted by a District Court Judge (Schedule 3 clause 18), hears petitions disputing the validity of an election. A petition must be filed within 28 days after the conclusion of the election, signed by a candidate or elector, and accompanied by security for costs (Schedule 3 clause 21). The Court has broad powers, including to declare an election void or that a person was not duly elected. Its decision is final and without appeal (Schedule 3 clause 22(5)). The Court may also state a question of law for the opinion of the Court of Appeal (Schedule 3 clause 27). For mining disputes, section 20 provides an arbitration mechanism. If the body corporate refuses permission or imposes unacceptable conditions, or if 120 days pass without a decision, the applicant may request the Minister of Mines and Energy to refer the application to an arbitrator, who must be a judge of the High Court, Federal Court, or a Supreme Court of a State or Territory (section 20(11)). The arbitrator may affirm, vary or reverse the body's decision, or determine the application if no decision was made. The determination is binding on all parties and the Crown (section 20(17)). For broader disputes on the lands, Part 4 establishes a panel of conciliators (section 35) and an application process for Anangu aggrieved by a decision or action of the Executive Board (section 35A). A conciliator may give directions to resolve matters, and if a person or body refuses to comply, any party may apply to the District Court for an order compelling compliance (section 37). The District Court must make the order unless satisfied that the direction is unjust or unreasonable. The Act also provides for court-ordered compensation: where a person is convicted of an offence under this or any other Act and the body corporate has suffered damage to its property, the court may order compensation (section 39). No private right of action for breach of statutory duty is expressly created, but the civil liability sections (12E, 13K) allow the body corporate to recover profits and compensation for breach of the honesty and conflict-of-interest duties by board members and senior officers.

Gotchas

Several provisions contain traps for the unwary. Under section 6(3), any lease or licence for a period exceeding five years to an Anangu or other person (not Crown) must be made by resolution at an annual or special general meeting of the body corporate, not just by the Executive Board. A lease or licence granted otherwise may be voidable. Section 6(6) provides that the interest of a lessee or licensee must not be mortgaged, and must not be transferred, assigned, sublet, sublicensed or otherwise dealt with without the consent of the Executive Board. Any dealing in contravention is void and of no effect (section 6(7)). The Executive Board must not unreasonably withhold consent, and must not charge more than reasonable expenses for giving consent (section 6(8)). The inalienability provision in section 17 is absolute: no estate or interest in the land may be alienated from the body corporate or compulsorily acquired, subject only to the provisions of the Act. This means that no mortgage or charge can be created over the land itself. For entry by non-Anangu, section 19 requires permission. Exemptions for police and officers acting in the course of duties (section 19(8)) are limited; they must give reasonable notice of the time, place and purpose of entry (section 19(9)). Under section 19(10), if the body objects to an authorised person entering or remaining, the Minister must revoke or modify the authorisation unless there are sufficient reasons to continue. For mining, section 20(2a) makes it an offence to carry out mining operations on a part of the lands not covered by permission. Section 20(8) creates a deemed refusal: if the body does not notify the applicant of its decision within 120 days, the applicant may request arbitration. The 120-day period may pass quickly if the body is slow to respond. Section 21(4) provides that a payment made to the body corporate not in conformity with conditions or an agreement notified to the Minister can result in the amount being recoverable as a debt to the Crown, and the mining tenement may be cancelled. Section 23 makes it an offence to give, offer or agree to give a payment or other consideration in connection with obtaining permission, unless the Minister consents. This applies even if the payment is not otherwise prohibited. Section 24 requires that payments for mining disturbance be reasonably proportioned to the disturbance, and the payer must notify the Minister within 14 days. In the Mintabie area, section 29C(2) lists categories of persons entitled to enter without further permission, but subsections (3)-(7) provide for approvals, conditions and potential revocation. Anangu Pitjantjatjara Yankunytjatjara may object to an approved person, and the Minister must revoke or vary the approval unless there are sufficient reasons to continue. Section 29F makes it an offence to reside in the Mintabie township lease area without a licence under section 29D, with a fine of $2,000 plus $500 per day. The office of a member of the Executive Board becomes vacant if the member is sentenced to imprisonment for an offence or found guilty of a serious offence, but only after the appeal period expires or the appeal is finalised (section 9D(2)-(3)). Supplementary elections to fill casual vacancies must be for a person of the same gender as the outgoing member (section 9D(5)(c)). If no person nominates or a vacancy occurs within six months before the next general election, the Executive Board may appoint a person (section 9D(7)). The quorum for the Executive Board is half the total number of members plus one (section 10(2)). The Act also contains a curious provision in section 12B(2): a member of the Executive Board does not commit a breach of duty of care and diligence by acting in accordance with a lawful resolution of the body corporate, even if that action might otherwise be negligent. Directors and officers should note the personal liability provisions for breach of honesty and conflict duties (sections 12E, 13K), which allow recovery of profits and compensation.

How to comply

For the Executive Board, compliance begins with understanding the consultation obligations under section 7. Before any proposal relating to administration, development or use of any portion of the lands, the board must identify traditional owners with a particular interest, consult with them, ensure they understand the nature and purpose of the proposal, give them an opportunity to express their views, and obtain their consent. This should be documented. Leases and licences must be granted by resolution of the board (section 6(4)), and those exceeding five years require a resolution at a general meeting (section 6(3)). The board must not grant a lease or licence for more than 50 years to a Crown instrumentality or more than 10 years to other persons (section 6(2)(b)). Applications for leases or licences from the Crown must be considered as soon as reasonably practicable (section 6(5)). Board members must comply with their duties under sections 12B-12D: exercise care and diligence, act honestly, and disclose any direct or indirect personal or pecuniary interest in a matter under consideration. They must not take part in discussion or vote, and must be absent from the meeting room (section 12D(1)). Disclosures must be recorded in minutes (section 12D(6)). The board must prepare a code of conduct within six months and review it after each election (section 12F). The code must include provisions on confidentiality, prohibition of bullying and harassment, and declaration of unsolicited gifts. It must be approved at a general meeting. The board must also prepare guidelines for entering contracts or engaging in commercial activities (section 12G). Before undertaking any project where expected expenditure is likely to exceed 20 per cent of the approved budget, the board must obtain and consider a prudential report addressing the matters in section 12H(2), and provide a copy to the Minister. The board must keep proper accounts, have them audited by a registered company auditor (section 13), prepare an annual report by 31 December, and a budget for the next financial year (section 13A). The audited accounts and annual report must be made available at the annual general meeting. The board must call meetings at least every two months (section 10(1)), keep accurate minutes (section 10(7)), and ensure meetings are open to all Anangu unless reasonable grounds exist to exclude them (section 12). The Director of Administration and General Manager must comply with equivalent duties under sections 13H-13J and ensure records are properly kept. The General Manager is responsible for appointing, managing, suspending and dismissing employees, but must act consistently with the approved budget (section 13L). Persons wishing to enter the lands or carry out mining operations must apply in accordance with sections 19 and 20, and comply with any conditions imposed. Payment for mining disturbance must be reasonably proportioned and notified to the Minister (section 24). For the Mintabie field, entry and residence must be in accordance with sections 29C and 29D; licences to occupy are required and are not transferable. Any person affected by a decision of the Minister under those sections may seek review under section 29G within 14 days. Anangu aggrieved by a decision or action of the Executive Board may apply for conciliation under section 35A.