Part 3The lands

Part 3—The lands Division 1—Vesting of the lands in Anangu Pitjantjatjara Yankunytjatjara 15—The Governor may grant certain land, in fee simple, to Anangu Pitjantjatjara Yankunytjatjara (1) The Governor may issue a land grant, in fee simple, of the whole or any part of the lands to Anangu Pitjantjatjara Yankunytjatjara. (2) The Governor shall not exercise his powers under subsection (1) in relation to land (not being land comprised in Granite Downs Station) unless all persons with a legal or equitable estate or interest in the land have surrendered, or agreed to surrender, their respective interests. (3) Where the Governor exercises his powers under subsection (1) to grant land comprised in Granite Downs Station to Anangu Pitjantjatjara Yankunytjatjara, the following provisions shall apply: (a) any pastoral lease then in force in relation to that land shall, subject to its terms and the provisions of the Pastoral Act 1936, continue in force as if Anangu Pitjantjatjara Yankunytjatjara had leased the land to the Crown and the Crown had sub-leased it to the lessee; and (b) upon surrender or expiration of the lease, the lease shall not be renewed, and the land shall not be re-let by the Crown; and (c) the lessee shall be entitled to compensation from the Crown for diminution in the value of the lease resulting from the operation of paragraph (b) (but compensation to which the lessee is entitled under this paragraph shall be calculated as if the land were unimproved); and (d) the lessee shall, upon surrender or expiration of the lease, be entitled to compensation from Anangu Pitjantjatjara Yankunytjatjara for the improvements upon the land determined as if the land had remained pastoral lands and had been re-let under the Pastoral Act 1936, to Anangu Pitjantjatjara Yankunytjatjara on the date of the surrender or expiry of the lease. (4) The compensation payable under subsection (3)(c) or (d) shall be determined by agreement, or in default of agreement, by the Supreme Court. 16—Special provisions in relation to the land grant (1) A land grant issued under this Division shall be expressed in the English language and in the Pitjantjatjara language, but the interpretation of the land grant shall be governed by those portions of the land grant that are expressed in the English language. (2) If, in the opinion of the Surveyor-General, a land grant issued under this Division erroneously or imperfectly defines the land to which it was intended to apply, the Surveyor-General may submit to the Minister of Lands a proposal to amend the land grant for the purpose of correcting the error, or defining the land with greater precision. (3) If, in the opinion of the Minister of Lands, the proposal of the Surveyor-General should be carried into effect, he may direct the Registrar-General to amend the land grant in accordance with the proposal. 17—Inalienability of land vested in Anangu Pitjantjatjara Yankunytjatjara in pursuance of this Part Subject to this Act, where land has vested in Anangu Pitjantjatjara Yankunytjatjara in pursuance of this Part, no estate or interest in the land— (a) may be alienated from Anangu Pitjantjatjara Yankunytjatjara; or (b) may be compulsorily acquired, resumed or forfeited under the law of this State. Division 2—Entry to the lands 18—Rights of Anangu with respect to lands All Anangu have unrestricted rights of access to the lands. 19—Unauthorised entry on lands (1) A person (not being an Anangu) who enters the lands without the permission of Anangu Pitjantjatjara Yankunytjatjara is guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (2). (2) The maximum penalty for an offence against subsection (1) is— (a) where the offence was committed intentionally—a fine of two thousand dollars plus five hundred dollars for each day during which the convicted person remained on the land after the unlawful entry; or (b) in any other case—a fine of two hundred dollars. (3) An application for permission to enter the lands— (a) may be made by an applicant on the applicant's own behalf, or on behalf of a group of persons; and (b) must, unless the Executive Board otherwise allows— (i) be in writing and lodged with the Executive Board; and (ii) set out— (A) the purpose for which entry to the lands is sought; and (B) the period for which entry to the land is sought; and (C) the time and place at which the applicant, or the group on whose behalf the application is made, seeks to enter the lands; and (iii) be accompanied by the prescribed application fee. (4) The applicant shall, at the request of Anangu Pitjantjatjara Yankunytjatjara, furnish such further information as it may reasonably require to determine the application. (5) Upon an application under this section, Anangu Pitjantjatjara Yankunytjatjara may, by instrument in writing— (a) grant permission to enter the lands unconditionally; or (b) grant permission to enter the lands subject to such conditions as it thinks fit; or (c) refuse permission to enter the lands. (5a) Where a group of persons is permitted to enter the lands, each member of the group is bound by the conditions (if any) subject to which the permission was granted. (5b) A person who contravenes or fails to comply with a condition on which the person, or a group of which the person is a member, was granted permission to enter the lands is guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (5c). (5c) The maximum penalty for an offence against subsection (5b) is a fine of $2 000 plus $500 for each day (if any) during which the convicted person was on the lands, or a particular part of the lands, in contravention of the condition. (8) This section does not apply to— (a) a police officer acting in the course of carrying out his official duties; or (b) any other officer appointed pursuant to statute acting in the course of carrying out his official duties; or (ba) the Electoral Commissioner acting in relation to an election being conducted, or to be conducted, under section 9; or (bb) a person performing a function under the Independent Commission Against Corruption Act 2012; or (c) a person acting upon the written authority of the Minister, who enters the lands for the purpose of carrying out functions that have been assigned to a Minister or instrumentality of the Crown or an administrative unit of the Public Service; or (ca) an employee of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act, or another person authorised by the Minister, acting on behalf of the Minister under section 13N; or (d) a member of the Parliament of the State or the Commonwealth, a person who is genuinely a candidate for election as a member of the Parliament of the State or the Commonwealth; or (da) a person assisting a person referred to in any of the preceding paragraphs; or (e) entry upon the lands in case of emergency; or (f) entry upon the lands in pursuance of Division 3, Division 4 or Division 6 of this Part. (9) Where a person proposes to enter the lands in pursuance of subsection (8)(b), (ba), (c) or (d) reasonable notice of the time, place and purpose of the proposed entry must be given to Anangu Pitjantjatjara Yankunytjatjara. (9a) A person who, being entitled to enter upon part only of the lands in pursuance of Division 3, Division 4 or Division 6 of this Part, enters upon some other part of the lands without the permission of Anangu Pitjantjatjara Yankunytjatjara acts in contravention of subsection (1). (10) If Anangu Pitjantjatjara Yankunytjatjara, by notice in writing to the Minister, objects to an authorised person entering or remaining upon the lands, the Minister shall revoke or modify the authorisation in order to give effect to the objection unless he is satisfied that there are sufficient reasons why the authorisation should continue notwithstanding the objection. 19A—Residence on the lands A person who is entitled under section 19(8)(a), (b), (ba), (c), (ca) or (da) to enter the lands for the purpose of carrying out, or assisting in carrying out, official duties or functions or providing a service is entitled to reside on the lands where that is necessary or desirable for the purpose of carrying out that duty or function or providing such assistance. Division 3—Mining operations on the lands 20—Mining operations on the lands (1) Notwithstanding the provisions of any other Act, a person who, without permission under this section— (a) carries out mining operations upon the lands; or (b) enters the lands for the purpose of carrying out mining operations, shall be guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (2). (2) The maximum penalty for an offence against subsection (1) is a fine of ten thousand dollars plus one thousand dollars for each day during which the convicted person— (a) carried out unlawful mining operations on the lands; or (b) remained on the lands after the unlawful entry. (2a) A person who, having permission to carry out mining operations upon part only of the lands, carries out mining operations on some other part of the lands without the permission of Anangu Pitjantjatjara Yankunytjatjara acts in contravention of subsection (1)(a). (3) An application for permission to carry out mining operations upon the lands— (a) may be made only by a person who has applied for a mining tenement in respect of the lands or a part of the lands and has been notified by the Minister of Mines and Energy that he approves the making of an application under this section; and (b) must be in writing and lodged with the Executive Board; and (c) must contain, or be accompanied by, all information submitted by the applicant to the Minister of Mines and Energy in support of his application for a mining tenement. (4) The applicant shall, at the request of Anangu Pitjantjatjara Yankunytjatjara, furnish in writing such further information as it may reasonably require to determine the application. (5) The applicant shall, as soon as practicable after making his application, or furnishing information under subsection (4), send to the Minister of Mines and Energy a copy of the application or of the document by which the information was furnished. (6) Upon an application under this section, Anangu Pitjantjatjara Yankunytjatjara may— (a) grant its permission unconditionally; or (b) grant its permission subject to such conditions (which must be consistent with the provisions of this Act) as it thinks fit; or (c) refuse its permission. (7) Anangu Pitjantjatjara Yankunytjatjara shall, upon deciding an application under this section, notify the applicant, in writing, of its decision and the applicant shall, within seven days after receiving that notification, furnish the Minister of Mines and Energy with a copy of the notification. (7a) The reasonable costs and expenses incurred by Anangu Pitjantjatjara Yankunytjatjara in dealing with an application under this section may be recovered from the applicant as a debt. (7b) Any payment made in satisfaction of a liability arising under subsection (7a) shall, if the application is subsequently determined in favour of the applicant but on condition that compensation be paid to Anangu Pitjantjatjara Yankunytjatjara, be regarded as a payment made on account of that compensation. (8) Where— (a) Anangu Pitjantjatjara Yankunytjatjara refuses its permission under this section or grants its permission but subject to conditions that are unacceptable to the applicant; or (b) the applicant has not, at the expiration of one hundred and twenty days from the date of the application, received notice of a decision by Anangu Pitjantjatjara Yankunytjatjara upon the application, the applicant may request the Minister of Mines and Energy to refer the application to an arbitrator. (9) If the Minister of Mines and Energy receives a request under subsection (8), the application shall be referred to an arbitrator appointed by the Minister of Mines and Energy. (10) At least twenty-one days before an arbitrator is appointed under subsection (9), the Minister of Mines and Energy must inform Anangu Pitjantjatjara Yankunytjatjara of whom he proposes to appoint and he must consider any representations of Anangu Pitjantjatjara Yankunytjatjara in relation to the proposed appointment. (11) The arbitrator must be a judge of the High Court, the Federal Court of Australia, or the Supreme Court of a State or Territory of Australia. (12) The arbitrator— (a) shall have the powers of a commission of inquiry under the Royal Commissions Act; and (b) may refer a question of law for the opinion of the Court of Appeal. (14) After hearing such evidence and submissions as— (a) Anangu Pitjantjatjara Yankunytjatjara; and (b) the applicant; and (c) the Minister of Mines and Energy; and (d) the Minister, may desire to make to him, and such other evidence and submissions as he thinks fit to receive, the arbitrator may— (e) affirm, vary or reverse the decision of Anangu Pitjantjatjara Yankunytjatjara; or (f) where no decision has been made by Anangu Pitjantjatjara Yankunytjatjara upon the application—determine the application as the arbitrator thinks fit. (14a) The arbitrator may, if the arbitrator thinks fit, award against the applicant and in favour of Anangu Pitjantjatjara Yankunytjatjara an amount that represents, in the arbitrator's opinion, the reasonable costs and expenses incurred by Anangu Pitjantjatjara Yankunytjatjara in relation to the arbitration. (14b) An amount awarded under subsection (14a) may be recovered by Anangu Pitjantjatjara Yankunytjatjara as a debt. (15) In arriving at his determination, the arbitrator shall have regard to— (a) the effect of the grant of the mining tenement upon— (i) the preservation and protection of Anangu ways-of-life, culture and tradition; (ii) the interests, proposals, opinions and wishes of Anangu in relation to the management, use and control of the lands; (iii) the growth and development of Anangu social, cultural and economic structures; (iv) freedom of access by Anangu to the lands and their freedom to carry out on the lands rites, ceremonies and other activities in accordance with Anangu traditions; and (b) the suitability of the applicant to carry out the proposed mining operations and his capacity, in carrying out those operations, to minimise disturbance to Anangu and the lands; and (c) the preservation of the natural environment; and (d) the economic and other significance of the operations to the State and Australia. (16) The arbitrator shall hear and determine the arbitration as expeditiously as possible. (17) A determination under this section is binding upon Anangu Pitjantjatjara Yankunytjatjara, the applicant and the Crown. (18) The Arbitration Act 1891 does not apply to an arbitration under this section. (19) This section does not apply in relation to prospecting or mining for precious stones on the Mintabie precious stones field. (20) Where a person applies under this section for permission to prospect and mine for precious stones, and the proposed mining operations are to be carried out within a prescribed area, no compensation, or other consideration, shall be paid or given to Anangu Pitjantjatjara Yankunytjatjara under or in respect of a permission granted under this section. (21) No regulation prescribing an area for the purposes of subsection (20) shall be made unless— (a) the area to be prescribed has been delineated or otherwise identified by plan, photograph or other document; and (b) the plan, photograph or other document has been deposited in the General Registry Office by the Minister of Mines and Energy with the consent of Anangu Pitjantjatjara Yankunytjatjara, and any such regulation may be made by reference to a plan, photograph or other document so deposited. 21—Interaction of this Act and Mining and Petroleum Acts (1) Where prospecting or mining is permitted upon the lands in pursuance of this Division, the person in whose favour the permission was granted and his agents, contractors and employees may, subject to the conditions (if any) upon which the permission was granted, and to the provisions of the Mining Act 1971 or the Petroleum Act 1940, as the case may require (but without requiring any further permission or authority to enter the lands under the provisions of either of those Acts), enter the lands for the purpose of prospecting or mining. (2) A mining tenement shall not be granted in respect of the lands or a part of the lands except to a person who has permission to carry out mining operations on the lands under this Division, but this Act does not prevent the taking of any step under the Mining Act or the Petroleum Act antecedent to the grant of a mining tenement. (3) Before a mining tenement is granted in pursuance of the Mining Act or the Petroleum Act in relation to the lands or a part of the lands, the Minister administering the relevant Act shall afford Anangu Pitjantjatjara Yankunytjatjara a reasonable opportunity to make submissions relating to the conditions subject to which the tenement should be granted. (4) If a person— (a) makes a payment or gives other consideration in contravention of section 23; or (b) in relation to— (i) obtaining the permission of Anangu Pitjantjatjara Yankunytjatjara for the carrying out of mining operations on the lands; or (ii) the carrying out or proposed carrying out of mining operations on the lands, makes a payment, or gives some other consideration, to Anangu Pitjantjatjara Yankunytjatjara (not being a payment or consideration otherwise permitted or provided for in this Act) otherwise than in conformity with— (iii) conditions imposed by Anangu Pitjantjatjara Yankunytjatjara under this Division in granting its permission for the carrying out of the mining operations; or (iv) conditions determined or approved by an arbitrator under this Division; or (v) an agreement of which the Minister of Mines and Energy has been notified under this Division, then— (c) the amount of the payment, or the value of the consideration, is recoverable as a debt due to the Crown; and (d) — (i) no mining tenement in respect of the lands will be granted to the person and the person is precluded from applying for another mining tenement in respect of the lands for the period of three years; and (ii) if a mining tenement in respect of the lands is held by the person, that tenement is cancelled. 22—Royalty (1) Royalty paid in respect of minerals recovered from the lands shall be paid into a separate fund maintained by the Minister of Mines and Energy. (2) Subject to subsection (3), the royalty shall be applied as follows: (a) one-third shall be paid to Anangu Pitjantjatjara Yankunytjatjara; and (b) one-third shall be paid to the Minister to be applied towards the health, welfare and advancement of the Aboriginal inhabitants of the State generally; and (c) one-third shall be paid into the General Revenue of the State. (3) If the income of the fund maintained under subsection (1) exceeds in any financial year the prescribed limit, the excess shall be paid in full into the General Revenue of the State. (4) No moneys shall be paid out of the fund maintained under subsection (1) unless a regulation is in force prescribing a limit for the purposes of subsection (3). royalty means royalty payable under the Mining Act 1971 or the Petroleum Act 1940. 23—Offence in relation to obtaining permission to carry out mining operations (1) A person must not, without the consent of the relevant Minister, give, offer or agree to give a payment or other consideration to another person (not being a payment or consideration otherwise permitted or provided for in this Act) in connection with obtaining the permission of Anangu Pitjantjatjara Yankunytjatjara to carry out mining operations on the lands. Maximum penalty: $50 000 or imprisonment for 10 years. (2) In this section— relevant Minister, in relation to a payment or consideration, means— (a) if the payment or consideration is in connection with mining operations authorised under the Mining Act 1971—the Minister responsible for the administration of that Act; or (b) if the payment or consideration is in connection with mining operations authorised under the Petroleum and Geothermal Energy Act 2000—the Minister responsible for the administration of that Act. 24—Certain payments or other consideration to Anangu Pitjantjatjara Yankunytjatjara must represent fair compensation (1) This section applies to payments made, or to be made, or consideration given, or to be given, to Anangu Pitjantjatjara Yankunytjatjara (not being a payment of royalty under section 22) in respect of the carrying out or proposed carrying out of mining operations on the lands. (2) A payment or consideration to which this section applies must be reasonably proportioned to the disturbance to the lands, Anangu, and their ways-of-life, that has resulted or is likely to result from the grant of the relevant mining tenement. (3) A person who makes or gives, or agrees to make or give, a payment or consideration to which this section applies shall, within fourteen days of the date of making or giving the payment or consideration, or entering into the agreement, notify the Minister of Mines and Energy of the amount or value of the payment or consideration, or of the terms of the agreement. Maximum penalty: $2 000. Division 4—Mintabie precious stones field 25—Interpretation In this Division— Minister means the Minister to whom the administration of the Opal Mining Act 1995 is committed. 26—Expiry of Division This Division will expire on the Mintabie precious stones field ceasing to be a precious stones field for the purposes of the Opal Mining Act 1995. 27—Interaction of this Division with other Acts (1) Subject to subsection (2), this Division does not derogate from the provisions of the Mining Act 1971 or the Opal Mining Act 1995. (2) Despite the provisions of the Opal Mining Act 1995, the consent of Anangu Pitjantjatjara Yankunytjatjara is not required in relation to the pegging out of a precious stones claim on the Mintabie precious stones field. (3) The Retail and Commercial Leases Act 1995 and the Residential Tenancies Act 1995 do not apply in relation to premises or land in the Mintabie township lease area. 28—Delegation (1) The Minister may delegate a function or power of the Minister under this Division to— (a) the Director; or (b) any other person or body (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (c) does not derogate from the power of the delegator to act in a 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) In legal proceedings, an apparently genuine certificate, purportedly signed by the Minister or the Director containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars. Director has the same meaning as in the Opal Mining Act 1995. 29—Delegation of power to permit entry to Mintabie precious stones field (1) Despite sections 9F and 19(3), the Executive Board may delegate to any person or body (including a person for the time being holding or acting in a specified office or position) the power to grant permission under this Act in relation to entry of persons to the Mintabie precious stones field. (2) A delegation under this section— (c) does not derogate from the power of the delegator to act in a 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) In legal proceedings, an apparently genuine certificate, purportedly signed by Anangu Pitjantjatjara Yankunytjatjara containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars. (5) Despite section 19(3), if the Executive Board makes a delegation under this section, an application for permission to enter the Mintabie precious stones field may be made in a manner and form determined by the Executive Board. 29A—Inspection of Mintabie Township Lease Agreement (1) A person is entitled to inspect (without charge) the Mintabie Township Lease Agreement— (a) at the places on the lands, and during the times, determined by the Executive Board; and (b) during ordinary office hours at— (i) the principal office of Anangu Pitjantjatjara Yankunytjatjara; and (ii) the office of the Department of Primary Industries and Resources SA located at Coober Pedy; and (c) on a website determined by the Minister. (2) A person is entitled, on payment of the fee prescribed by the regulations, to a copy of the Mintabie Township Lease Agreement. 29B—Walatina leases not to apply to Mintabie township (1) Despite any other Act or law, the Walatina leases do not apply to land in the Mintabie township lease area. (2) To avoid doubt, on the expiry of this Division, the land constituting the Mintabie township lease area will revert to being subject to the Walatina leases. (3) In this section— Walatina leases means lease number 7411869 and lease number 7411869A registered on the Certificate of Title for the lands, the lessee in relation to which is the Walatina Aboriginal Corporation. The Certificate of Title for the lands is Volume 4183 Folio 627. 29C—Entry to Mintabie precious stones field etc (1) A person is not entitled to enter or remain on the Mintabie precious stones field unless he or she— (a) has a right or permission under another provision of this Act to do so; or (b) is a person to whom subsection (2) applies. (2) Subject to this section, the following persons are entitled to enter and remain on the Mintabie precious stones field without permission under another provision of this Act: (a) a person who holds a Mintabie precious stones prospecting permit, or a precious stones tenement on the Mintabie precious stones field; (b) a person, approved by the Minister, who is the spouse or domestic partner, or parent or child, of a person who is entitled to be on the field under paragraph (a); (c) a person who holds a current licence under section 29D or a person specified on such a licence; (d) a person working (whether paid or otherwise) at the Mintabie School; (e) a student enrolled at the Mintabie School, or a parent or guardian of such a student, for purposes related to the attendance at the school by the student; (f) a person working (whether paid or otherwise) at a school other than the Mintabie School, a student enrolled at such a school or a parent or guardian of such a student, attending the Mintabie School for education purposes; (g) a person who is an employee of the Royal Flying Doctor Service Inc. and who is entering and remaining on the lands for the purposes of providing medical or dental treatment in the course of that employment; (h) a person, approved by the Minister, who is entering and remaining on the lands for the purposes of providing health care, religious instruction or pastoral care or community services to, or for the benefit of, residents in the Mintabie township lease area; (i) a person, approved by the Minister, who is a member of a class of persons declared by the Minister, after consultation with the Mintabie Miners Progress Association and with the approval of Anangu Pitjantjatjara Yankunytjatjara, by notice in the Gazette to be a class of persons to which this subsection applies. (3) An application for approval under subsection (2)(b), (h) or (i) must— (a) be made in a manner and form determined by the Minister; and (b) be accompanied by the prescribed fee; and (c) be accompanied by any other information the Minister may require (including, without limiting this paragraph— (i) in the case of an applicant who is of or above 18 years of age, information in relation to the criminal history of the applicant; or (ii) in the case of an applicant who is a body corporate, information in relation to the criminal history of the applicant, or a director, officer or employee of the applicant). (4) An approval under subsection (2)(b), (h) or (i) may be subject to such conditions as the Minister thinks fit (but such conditions must not be inconsistent with the Mintabie Township Lease Agreement). (5) The Minister may, by notice in writing, vary or revoke an approval under subsection (2)(b), (h) or (i) on any grounds the Minister thinks fit (but such variation or revocation must not be inconsistent with the Mintabie Township Lease Agreement). (6) If a person proposes to enter the lands in pursuance of subsection (2)(h) or (i), reasonable notice of the time, place and purpose of the proposed entry must be given to Anangu Pitjantjatjara Yankunytjatjara. (7) If Anangu Pitjantjatjara Yankunytjatjara, by notice in writing to the Minister, objects to an approved person entering or remaining upon the lands under subsection (2)(h) or (i), the Minister must revoke or vary the approval in order to give effect to the objection unless the Minister is satisfied that there are sufficient reasons why the authorisation should continue despite the objection. (8) A person who is entitled under subsection (2) to enter and remain on the Mintabie precious stones field is entitled, without permission under this Act, to use a prescribed road for the purpose of entering and leaving the field. (9) In this section— close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include— (a) the relationship between a legally married couple; or (b) a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind; Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them. domestic partner—a person is the domestic partner of another if he or she lives with the other in a close personal relationship; prescribed road means— (a) Department of Transport road 10024 (being the road from the Stuart Highway to Mintabie and commonly known as "Mintabie Road"); and (b) any other road declared by the regulations to be within the ambit of this definition; spouse—a person is the spouse of another if they are legally married. 29D—Minister may issue etc licence to occupy land in Mintabie township lease area (1) Subject to this section, the Minister may, on application by a person, issue or renew a licence entitling the applicant and any other person specified in the licence to occupy specified land within the Mintabie township lease area during the term of the Mintabie Township Lease Agreement. The Mintabie Township Lease Agreement sets out some of the grounds on which an application may be refused. (2) A licence may be subject to such conditions as the Minister thinks fit. (3) The Minister may, on application by the holder of a licence or on the Minister's own motion— (a) revoke a licence; or (b) vary the conditions of a licence by the addition, substitution or deletion of 1 or more conditions. (4) A revocation or variation under subsection (3)— (a) must be by notice in writing given to the holder of the licence; and (b) takes effect when the notice is given to the holder of the licence (or on such later date as may be specified in the notice). (5) An application under subsection (1) must— (a) be made in a manner and form determined by the Minister; and (b) be accompanied by any relevant fee or fees set out in, or determined in accordance with, the Mintabie Township Lease Agreement; and (c) be accompanied by any other information that the Minister may require (including, without limiting this paragraph— (i) — (A) in the case of an applicant who is of or above 18 years of age, information in relation to the criminal history of the applicant; or (B) in the case of an applicant who is a body corporate, information in relation to the criminal history of the applicant, or a director, officer or employee of the applicant; and (ii) information in relation to the criminal history of any other person of or above 18 years of age who proposes to occupy land within the Mintabie township lease area pursuant to the licence if the application is granted). (6) The Minister must not issue or renew a licence unless the applicant— (a) — (i) is entitled to enter and remain on the Mintabie precious stones field under section 29C; or (ii) is carrying on, or proposes to carry on, a lawful business or activity in the Mintabie township lease area (being a business or activity that is approved in accordance with the Mintabie Township Lease Agreement); or (iii) is a member of a class of persons declared by the Minister, after consultation with the Mintabie Miners Progress Association and with the approval of Anangu Pitjantjatjara Yankunytjatjara, by notice in the Gazette, to be a class of persons to whom a licence can be issued; and (b) resides or proposes to reside in the Mintabie township lease area. (7) The Minister must not issue a licence to, or renew the licence of, a person who is prohibited under this Act from entering or remaining on the Mintabie precious stones field, and, if such an order is made against a licensee, the Minister must revoke his or her licence. (8) The Minister must not specify a person on a licence if the person is prohibited under this Act from entering or remaining on the Mintabie precious stones field, and, if such an order is made against a person so specified, the Minister must vary the relevant licence to remove that person from the licence. (9) A licence is not transferable nor may any of the rights conferred by the licence be assigned. (10) A person to whom a licence has been issued is entitled, without permission under this Act— (a) to use and maintain the bore and water distribution system by which water is provided on the Mintabie precious stones field; and (b) to drill a further bore or bores (either in addition to or in substitution for the present bore) on a site to be agreed with Anangu Pitjantjatjara Yankunytjatjara (which agreement must not be unreasonably withheld) and to install and maintain such pumps, pipes and other equipment as may be necessary to connect it to the water distribution system, and to have such access to the lands as is necessary for those purposes. (11) The Minister must, if the Minister issues a licence, notify Anangu Pitjantjatjara Yankunytjatjara in accordance with the Mintabie Township Lease Agreement of— (a) the name of the licensee and any other person specified in the licence; and (b) the land to which the licence relates; and (c) any conditions of the licence. (12) For the purposes of this section, a reference to reside includes, in the case of a body corporate, a reference to occupy premises. (13) The Minister must not, in exercising a power or function under this section, act in a manner that is inconsistent with the Mintabie Township Lease Agreement. 29E—Crown etc not required to keep premises in good repair Despite any other Act, law, agreement or arrangement, the Crown, Anangu Pitjantjatjara Yankunytjatjara or the Mintabie Miners Progress Association are not required to keep premises in the Mintabie township lease area in good repair. 29F—Offence to reside etc on Mintabie township lease area without licence (1) A person must not reside in the Mintabie township lease area except in accordance with a licence under section 29D. Maximum penalty: $2 000 plus $500 for each day during which the convicted person resided in the Mintabie township lease area in contravention of this subsection. (2) Subsection (1) does not apply to a person who is authorised to reside or remain on the lands under this Act other than under this Division. See Part 3 Division 2. (3) A person must not operate a business in the Mintabie township lease area except in accordance with a licence under section 29D. Maximum penalty: $2 000 plus $500 for each day during which the convicted person operated the business in contravention of this subsection. (4) For the purposes of this section, a reference to reside includes, in the case of a body corporate, a reference to occupy premises. reside includes to remain in the Mintabie township lease area for a period of not less than 24 hours. 29G—Review of certain decisions of Minister (1) A person affected by a decision of the Minister under section 29C or section 29D may, by notice in writing, ask the Minister to review the decision. (2) An application under subsection (1)— (a) must be made within 14 days after the person was notified of the decision; and (b) must be made in a manner and form determined by the Minister; and (c) must be accompanied by a statement— (i) outlining the decision that the person requests be reviewed; and (ii) setting out the outcome sought by the person as a result of the review; and (iii) setting out any information the person wishes the Minister to take into account in reviewing the decision. (3) The Minister may, in his or her discretion, extend the time fixed for making an application for review of a decision. (4) The Minister must, before reviewing a decision— (a) advise Anangu Pitjantjatjara Yankunytjatjara and the Mintabie Miners Progress Association of the application; and (b) have regard to any recommendation made in relation to the application by Anangu Pitjantjatjara Yankunytjatjara and the Mintabie Miners Progress Association within 14 days (or such later time as may be specified by the Minister) of being so advised. (5) The Minister must, as soon as is reasonably practicable after receiving an application under subsection (1), review the initial decision and— (a) confirm the initial decision; or (b) vary the initial decision; or (c) set aside the initial decision and substitute a new decision. 29H—Exclusion of certain persons from the Mintabie precious stones field (1) A Magistrates Court may, on the application of the Minister, Anangu Pitjantjatjara Yankunytjatjara, or the Mintabie Miners Progress Association, make an order prohibiting a person from entering or remaining on the Mintabie precious stones field. (2) An order must not be made against a person under subsection (1) unless the person— (a) has, after 2 October 1981, been found guilty of— (i) an offence of a sexual nature; or (ii) an offence involving wilful interference with an Aboriginal sacred site; or (b) has, in the 10 years preceding the date on which the application is made, been found guilty of— (i) an offence involving violence or a breach of the peace; or (ii) an offence involving the unlawful sale of a motor vehicle; or (iii) larceny; or (iv) an offence involving the unlawful sale of liquor or a regulated substance; or (v) an offence against Part 5 of the Controlled Substances Act 1984; or (c) has acted in a manner prejudicial to— (i) the welfare of an Aboriginal individual or group; or (ii) the welfare of those who are lawfully on the Mintabie precious stones field under this Act. (3) A person who contravenes an order under subsection (1) is guilty of an offence. Maximum penalty: Imprisonment for 2 years or $10 000. (4) The court that made an order under subsection (1), or any court that could have made the order, may, on the application of the person against whom the order was made, revoke the order, but it must not do so unless it has first given the Minister, Anangu Pitjantjatjara Yankunytjatjara and the Mintabie Miners Progress Association a reasonable opportunity to be heard on the matter. Division 5—Right of the Crown to continue in occupation of certain parts of the lands 30—Right of the Crown to continue its occupation of certain land Where before the commencement of this Act the Crown occupied a part of the lands for purposes connected with the health, education, welfare or advancement of Anangu, the Crown may continue to occupy that part of the lands, for a period of up to fifty years, for the same or similar purposes and without payment of rent or compensation to Anangu Pitjantjatjara Yankunytjatjara.