Div 2Powers and functions of Anangu Pitjantjatjara Yankunytjatjara

Division 2—Powers and functions of Anangu Pitjantjatjara Yankunytjatjara 6—Powers and functions of Anangu Pitjantjatjara Yankunytjatjara (1) The functions of Anangu Pitjantjatjara Yankunytjatjara are as follows: (a) to ascertain the wishes and opinions of traditional owners in relation to the management, use and control of the lands and to seek, where practicable, to give effect to those wishes and opinions; and (b) to protect the interests of traditional owners in relation to the management, use and control of the lands; and (c) to negotiate with persons desiring to use, occupy or gain access to any part of the lands; and (d) to administer land vested in Anangu Pitjantjatjara Yankunytjatjara. (2) Subject to this section, Anangu Pitjantjatjara Yankunytjatjara has the following powers: (a) the power to sue and be sued; and (b) the power— (i) to grant a lease or licence, for any period it thinks fit, in respect of any part of the lands to an Anangu or an organisation comprised of Anangu; (ii) to grant a lease or licence, for a period not exceeding fifty years, in respect of any part of the lands to an agency or instrumentality of the Crown; (iii) to grant a lease or licence, for a period not exceeding 10 years, in respect of any part of the lands to any other person or body of persons; and (c) the power to acquire by agreement, hold, deal in, or dispose of, land outside the lands; and (d) the power to enter into contracts; and (e) the power to appoint and dismiss staff; and (f) the power to receive and disburse moneys; and (g) the power to obtain advice from persons who are expert in matters with which Anangu Pitjantjatjara Yankunytjatjara is concerned; and (h) the power to establish offices; and (i) the power to make a constitution relating to— (i) the conduct of meetings of Anangu Pitjantjatjara Yankunytjatjara; and (ii) the procedures to be followed in resolving disputes; and (iii) any other matter that may be necessary or expedient in relation to the conduct or administration of the affairs of Anangu Pitjantjatjara Yankunytjatjara; and (j) the power to take such other steps as may be necessary or expedient for, or incidental to, the performance of its functions. (3) Anangu Pitjantjatjara Yankunytjatjara must not grant a lease or licence for a period exceeding 5 years under subsection (2)(b)(i) or (iii) except in accordance with a resolution made at an annual general meeting or a special general meeting held in accordance with this Act. (4) Subject to this or any other Act, a lease or licence relating to the lands may only be granted by resolution of the Executive Board. (5) An application for a lease or licence under subsection (2)(b)(ii) must be considered, and a resolution made to determine the application, as soon as is reasonably practicable after the application is received by the Executive Board. (6) The interest of the lessee or licensee under a lease or licence granted by Anangu Pitjantjatjara Yankunytjatjara— (a) must not be mortgaged; and (b) subject to the conditions of the lease or licence, must not be transferred, assigned, sublet, sublicensed or otherwise dealt with without the consent of the Executive Board. (7) A mortgage, transfer, assignment, sublease, sublicence or other interest created in contravention of this section is void and of no effect. (8) The Executive Board— (a) must not unreasonably withhold consent under subsection (6)(b); and (b) must not require the payment of a fee for giving such consent, or considering an application for such consent, that exceeds the reasonable expenses of Anangu Pitjantjatjara Yankunytjatjara in relation to that act. 7—Requirement of consultation Anangu Pitjantjatjara Yankunytjatjara shall, before carrying out or authorising or permitting the carrying out of any proposal relating to the administration, development or use of any portion of the lands, have regard to the interests of, and consult with, traditional owners having a particular interest in that portion of the lands, or otherwise affected by the proposal, and shall not carry out the proposal, or authorise or permit it to be carried out, unless satisfied that those traditional owners— (a) understand the nature and purpose of the proposal; and (b) have had the opportunity to express their views to Anangu Pitjantjatjara Yankunytjatjara; and (c) consent to the proposal.