Maralinga Tjarutja Land Rights Act 1984 (South Australia)

This Act creates a statutory corporate body called Maralinga Tjarutja, vests specified South Australian land in that body and establishes the legal framework for management, access, resource use, dispute resolution and certain regulatory exclusions for that land. The mechanical changes effected by the Act are: the constitution of Maralinga Tjarutja as a body corporate and definition of its membership and Council (ss 4-12); power for the Governor to grant the lands in fee simple to Maralinga Tjarutja (s 13) with inalienability (s 15); creation by regulation of a co‑management board for Mamungari Conservation Park with prescribed membership, duties, corporate status and reporting obligations (ss 15A-15G); special provisions for the Maralinga nuclear test site including mandated guidelines, immunity clauses and an express prohibition on prospecting, exploring and mining on the test site (ss 15H-15M, 15K); a statutory register of sacred sites (s 16); a framework controlling entry to the lands with criminal penalties for unauthorised entry and for contravening conditions of permission (s 18 and related provisions); a regime governing mining operations on the lands that requires Maralinga Tjarutja permission in addition to any mining tenement, prescribes an application and arbitration route where disputes arise and establishes a royalty fund split (ss 20A-26, 23-24); a continuing Crown occupation right for certain Crown uses without rent for up to fifty years (s 27); a consent and consultation procedure and arbitration fallback for road works by the Commissioner of Highways with an express road reserve and maintenance exceptions (ss 28-32); an internal customary‑aware dispute mechanism (tribal assessor) and enforcement via local court (ss 33-35); and miscellaneous fiscal and regulatory provisions including exemption from land tax (s 38), capability to make by‑laws over regulated substances on the lands (s 43), and the Governor’s regulation‑making power with statutory requirements for Maralinga Tjarutja’s approval or consultation in specified areas (s 44).

South Australia Maralinga Tjarutja Land Rights Act 1984 An Act to provide for the vesting of title to certain lands known as the Maralinga lands in the people who are acknowledged as the traditional owners.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Maralinga Tjarutja Division 1—Constitution of Maralinga Tjarutja as body corporate 4 Constitution of Maralinga Tjarutja as body corporate Division 2—Powers and functions of Maralinga Tjarutja 5 Powers and functions of Maralinga Tjarutja Division 3—The Council of Maralinga Tjarutja 6 Constitution of Council 7 Powers etc of Maralinga Tjarutja to be exercised by Council 8 Council to proceed having regard to customs of traditional owners 9 Delegations 10 Evidentiary provision 11 Accounts and audit Division 4—Offices 12 Offices of Maralinga Tjarutja Part 3—The lands Division 1—Vesting of the lands in Maralinga Tjarutja 13 The Governor may grant certain land, in fee simple, to Maralinga Tjarutja 14 Special provisions in relation to the land grant 15 Inalienability of land vested in Maralinga Tjarutja in pursuance of this Part Division 1A—Co-management board for Mamungari Conservation Park 15A Interpretation 15B Establishment of co-management board 15C Corporate nature of co-management board 15D Dissolution or suspension of co-management board 15E Staff 15F Accounts and audit 15G Annual report Division 1B—Special provisions related to Maralinga nuclear test site 15H Interpretation 15I Guidelines related to Maralinga nuclear test site 15J Immunity from liability 15K Mining etc prohibited on Maralinga nuclear test site 15L Review of operation of Division by Minister 15M Evidence Division 2—Sacred sites 16 Register of sacred sites Division 3—Entry to the lands 17 Rights of traditional owners with respect to lands 18 Unauthorised entry upon the lands 18A Residence on the lands 19 Special provisions for the residents of Cook 20 Use of roads to traverse the lands Division 4—Mining operations on the lands 20A Application of Division 21 Mining operations on the lands 22 Application for mining tenements and sacred sites 23 Interaction of the Act and the Mining and Petroleum Acts 24 Royalty 25 Offence in relation to obtaining permission to carry out mining operations 26 Certain payments or other consideration to Maralinga Tjarutja must represent fair compensation Division 5—Right of the Crown to continue in occupation of certain parts of the lands 27 Right of the Crown to continue its occupation of certain land Division 6—Construction of roads by the Commissioner of Highways 28 Consent of Maralinga Tjarutja required for road works 29 Proposals to carry out road works and arbitration of disputes 30 Road reserves 31 Consent not required for maintenance or repair of road described in Schedule 3 32 Interaction between this Act and Highways Act Part 4—Disputes 33 Tribal assessor 34 Disputes 35 Order compelling compliance with direction of the tribal assessor Part 5—Miscellaneous 36 Summary procedure 37 Power of court to order compensation in certain cases 38 Exemption of lands from land tax 39 Financial provision 40 Non-application of Outback Areas Community Development Trust Act 41 Interaction between this Act and certain other Acts 42 Depasturing of stock 43 By-laws 44 Regulations Schedule 1 Schedule 2—Prescribed roads Schedule 3 Schedule 4 Schedule 5—Maralinga nuclear test site Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Maralinga Tjarutja Land Rights Act 1984. 3—Interpretation In this Act, unless the contrary intention appears— Aboriginal person means a person who is a descendant of an indigenous inhabitant of Australia; British Nuclear Test Program has the same meaning as in the Maralinga nuclear test site handback deed; co-management agreement means a co-management agreement under Division 6A of Part 3 of the National Parks and Wildlife Act 1972; co-management board means the board established by regulation under Division 1A of Part 3 for the control and management of the Mamungari Conservation Park; the constitution means the constitution of Maralinga Tjarutja for the time being in force under this Act; the Council means the Council of Maralinga Tjarutja constituted under this Act; exploratory operations means all operations carried out in the course of— (a) prospecting or exploring for minerals within the meaning of the Mining Act 1971; or (b) exploring for petroleum within the meaning of the Petroleum Act 1940, and includes operations conducted under a retention lease within the meaning of the Mining Act 1971; the lands means the lands described in Schedule 1 to this Act; leader, in relation to the traditional owners, means a person who has been accepted, in accordance with the customs of the traditional owners, as one of their leaders; Mamungari Conservation Park means the land described in Schedule 4, being a conservation park constituted under the National Parks and Wildlife Act 1972, the inalienable fee simple in which is vested in Maralinga Tjarutja; Maralinga nuclear test site means— (a) that part of the lands comprised of Section 400, Out of Hundreds, Section 1486, Out of Hundreds and Section 1487, Out of Hundreds (not including any part of those sections declared by the regulations not to be included in the ambit of this definition); and (b) any other part of the lands declared by the regulations to be included within the ambit of this definition; Note— The test site areas are, for ease of reference only, shaded in grey on the map in Schedule 5. Maralinga nuclear test site handback deed means the deed of that name between the State, the Commonwealth and Maralinga Tjarutja, tabled by or on behalf of the Minister in the House of Assembly on 17 November 2009, as varied from time to time; Maralinga Tjarutja means the body corporate constituted under that name by this Act; mining operations means operations authorised by or under the Mining Act 1971 or the Petroleum Act 1940; mining tenement means a right, permit, claim, lease or licence under the Mining Act 1971 or the Petroleum Act 1940; minor trials has the same meaning as in the Maralinga nuclear test site handback deed; road works means the construction, reconstruction or repair of a road, or of related works; sacred site means part of the lands that is, in accordance with the customs and traditions of the traditional owners, of fundamental importance to the traditional owners; traditional owner, in relation to the lands, means 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. Part 2—Maralinga Tjarutja Division 1—Constitution of Maralinga Tjarutja as body corporate 4—Constitution of Maralinga Tjarutja as body corporate (1) There shall be a body corporate entitled "Maralinga Tjarutja". (2) All traditional owners are members of Maralinga Tjarutja. (3) Maralinga Tjarutja shall have a common seal. (4) In any legal proceedings, an apparently genuine document purporting to bear the common seal of Maralinga Tjarutja and the signatures of four members of the Council attesting the affixation of the seal shall be presumed, in the absence of proof to the contrary, to have been duly executed by Maralinga Tjarutja. Division 2—Powers and functions of Maralinga Tjarutja 5—Powers and functions of Maralinga Tjarutja (1) The functions of Maralinga Tjarutja 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 Maralinga Tjarutja. (2) Maralinga Tjarutja has the following powers: (a) the power to sue and be sued; (b) the power— (i) to grant a lease or licence, for any period it thinks fit, in respect of any part of the lands (being a part of the lands vested in Maralinga Tjarutja) to a traditional owner or an organisation comprised of traditional owners; (ii) to grant a lease or licence, for a period not exceeding fifty years, in respect of any part of the lands (being a part of the lands vested in Maralinga Tjarutja) to an agency or instrumentality of the Crown; (iii) to grant a lease or licence, for a period not exceeding five years, in respect of any part of the lands (being a part of the lands vested in Maralinga Tjarutja) to any other person or body of persons; (c) the power to acquire by agreement, hold, deal in, or dispose of, land outside the lands; (d) the power to enter into contracts; (e) the power to appoint and dismiss staff; (f) the power to receive and disburse moneys; (g) the power to obtain advice from persons who are expert in matters with which Maralinga Tjarutja is concerned; (h) the power to establish offices; (i) the power to enter into a co-management agreement in relation to land to be vested in Maralinga Tjarutja; (j) the power to make a constitution relating to— (a) the conduct of meetings of Maralinga Tjarutja; and (b) the procedures to be followed in resolving disputes; and (c) any other matter that may be necessary or expedient in relation to the conduct or administration of the affairs of Maralinga Tjarutja; (k) the power to take such other steps as may be necessary or expedient for, or incidental to, the performance of Maralinga Tjarutja's functions. Division 3—The Council of Maralinga Tjarutja 6—Constitution of Council (1) All persons who are for the time being leaders of the traditional owners are members of the Council. (2) The Council— (a) shall within thirty days after the commencement of this Act and, thereafter, before the thirty-first day of October in each ensuing year; and (b) may at any other time, give notice in writing to the Corporate Affairs Commission of those persons who are, at the date of the notice, members of the Council. (3) An apparently genuine document received by the Corporate Affairs Commission purporting to be notice given under subsection (2) of the persons who are at the date of the notice members of the Council (being the last such document received by the Commission) shall constitute proof, in the absence of proof to the contrary, of the membership of the Council. 7—Powers etc of Maralinga Tjarutja to be exercised by Council (1) The powers, functions and affairs of Maralinga Tjarutja shall be exercised and administered by the Council. (2) An act done or a decision made by the Council in the exercise or administration of the powers, functions or affairs of Maralinga Tjarutja is an act or decision of Maralinga Tjarutja. 8—Council to proceed having regard to customs of traditional owners The Council shall in making its decisions and conducting its business— (a) consult with the traditional owners; and (b) act in all other respects, in such manner as may be determined by the Council having regard to the customs of the traditional owners. 9—Delegations (1) The Council may delegate the exercise of any power or function of Maralinga Tjarutja under this or any other Act to a specified body or person. (2) However, the following functions and powers must not be delegated: (a) this power of delegation; (b) a function under section 5(1); (c) the power to grant a lease or licence under this Act. (3) 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 power of the Council to act in any matter; and (d) is revocable at will by the Council. 10—Evidentiary provision An apparently genuine document purporting— (a) to be under the common seal of Maralinga Tjarutja; and (b) to be signed by four or more members of the Council; and (c) to certify that a specified act of the Council has been done in conformity with the provisions of this Act, shall be conclusive proof that that act is valid and binding upon Maralinga Tjarutja. 11—Accounts and audit (1) The Council shall cause proper accounts to be kept of the financial affairs of Maralinga Tjarutja. (2) The Council— (a) shall, before the thirtieth day of September in each year, cause the accounts of Maralinga Tjarutja for the preceding financial year to be audited by an auditor registered under the Companies (South Australia) Code; and (b) shall, within one month after completion of the audit, lodge copies of the audited accounts with the Corporate Affairs Commission. Division 4—Offices 12—Offices of Maralinga Tjarutja (1) Maralinga Tjarutja must, by notice in writing served on the Corporate Affairs Commission, specify the addresses of two offices at which legal process, notices and other documents may be served upon Maralinga Tjarutja or the Council. (2) One office specified by Maralinga Tjarutja under subsection (1) must be situated within thirty kilometres of the General Post Office at Adelaide and the other office must be situated on the lands, or at a place that is reasonably accessible from the lands. Part 3—The lands Division 1—Vesting of the lands in Maralinga Tjarutja 13—The Governor may grant certain land, in fee simple, to Maralinga Tjarutja The Governor may issue a land grant, in fee simple, of the whole or any part of the lands to Maralinga Tjarutja. 14—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. 15—Inalienability of land vested in Maralinga Tjarutja in pursuance of this Part Subject to this Act, where land has vested in Maralinga Tjarutja in pursuance of this Part, no estate or interest in the land— (a) may be alienated from Maralinga Tjarutja; or (b) may be compulsorily acquired, resumed or forfeited under the law of this State. Division 1A—Co-management board for Mamungari Conservation Park 15A—Interpretation In this Division— Minister means the Minister to whom the administration of the National Parks and Wildlife Act 1972 is committed. 15B—Establishment of co-management board (1) The Governor may, by regulation, establish a co-management board for the control and management of the Mamungari Conservation Park subject to the provisions of this Act and the National Parks and Wildlife Act 1972. (2) Subject to this section, regulations establishing the co-management board— (a) must not be inconsistent with the co-management agreement for the Mamungari Conservation Park; and (b) must name the board; and (c) must provide for the appointment, term and conditions of office and removal of the members of the board; and (d) must provide for the procedures governing the board's proceedings; and (e) must provide that the board have a majority of members who are members of Maralinga Tjarutja; and (f) must provide that the board be chaired by a person nominated by Maralinga Tjarutja; and (g) must provide that the quorum of the board have a majority of members who are members of Maralinga Tjarutja; and (h) may limit the powers and functions of the board; and (i) may provide for delegation by the board; and (j) may provide for the remuneration of members; and (k) may require reporting by the board to the Minister; and (l) may make any other provision (not inconsistent with the National Parks and Wildlife Act 1972) relating to the board or the control and management of the Mamungari Conservation Park. (3) If a regulation establishing the co-management board is disallowed by either House of Parliament, the assets and liabilities of the board will be dealt with in accordance with the directions of the Minister. 15C—Corporate nature of co-management board (1) The co-management board— (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) has all the powers of a natural person that are capable of being exercised by a body corporate; and (e) has the functions and powers assigned or conferred by or under this or any other Act. (2) If a document appears to bear the common seal of the co-management board, it will be presumed, in the absence of proof to the contrary, that the common seal of the co‑management board was duly fixed to the document. 15D—Dissolution or suspension of co-management board (1) Subject to this section, the Governor may, by regulation, dissolve or suspend the co‑management board. (2) The co-management board must not be dissolved unless the Mamungari Conservation Park is abolished. (3) The co-management board must not be suspended unless the Minister is satisfied that such action is warranted due to continuing failure by the board properly to discharge its responsibilities. (4) On dissolution and during any suspension of the co-management board, any assets and liabilities of the board will be dealt with or disposed of in accordance with the directions of the Minister. 15E—Staff (1) The staffing arrangements for the co-management board will be determined or approved by the Minister after consultation with Maralinga Tjarutja. (2) Any staff under subsection (1) will be— (a) Public Service employees assigned to work with the co-management board; or (b) if appointments have been made under subsection (3)—the persons holding those appointments. (3) The co-management board may, with the approval of the Minister— (a) appoint persons to the staff of the board; and (b) appoint persons to assist in the management of the Mamungari Conservation Park. (4) The co-management board may, with the approval of the Minister administering an administrative unit of the Public Service, on terms and conditions mutually arranged, make use of the services of any officer, or use any facilities or equipment, of that unit. (5) A person employed under subsection (3) is not a Public Service employee. 15F—Accounts and audit (1) The co-management board must cause proper accounts to be kept of its financial affairs. (2) The Auditor-General may at any time, and must in respect of each financial year, audit the accounts of the co-management board. 15G—Annual report (1) The co-management board must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year. (2) The report must include— (a) the audited accounts of the co-management board; and (b) any other information required by or under the regulations. (3) The Minister must, within 6 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament. Division 1B—Special provisions related to Maralinga nuclear test site 15H—Interpretation In this Division— management plan for the Maralinga nuclear test site, means the management plan annexed to the Maralinga nuclear test site handback deed, as varied from time to time. 15I—Guidelines related to Maralinga nuclear test site (1) Maralinga Tjarutja must, within 6 months after the commencement of this section, prepare and submit to the Minister for approval guidelines to be followed in relation to the Maralinga nuclear test site. (2) Maralinga Tjarutja may, with the approval of the Minister, vary or substitute the guidelines prepared under this section. (3) The guidelines may be constituted of the relevant part or parts of the management plan for the Maralinga nuclear test site (and, if so, a variation or substitution of the guidelines may only be made in accordance with the relevant terms of the management plan). (4) The guidelines must contain the following: (a) a clear delineation of the site; (b) an explanation of the nature and extent of any known contamination of the site; (c) any other information required by the regulations, and may contain any other information Maralinga Tjarutja thinks fit in relation to the site. (5) Maralinga Tjarutja must, in a manner approved by the Minister after consultation with Maralinga Tjarutja— (a) provide an explanation of the guidelines, and of any variation or substitution of the guidelines, to traditional owners; and (b) publish the guidelines on the lands. (6) A person is entitled to inspect (without charge) the guidelines— (a) at the places on the lands, and during the times, nominated by Maralinga Tjarutja and approved by the Minister; and (b) during ordinary office hours at the principal office of Maralinga Tjarutja. (7) A person is entitled, on payment of the fee prescribed by the regulations, to a copy of the guidelines. 15J—Immunity from liability (1) This section applies if the Maralinga nuclear test site handback deed— (a) ceases to be in force; or (b) for any other reason fails to provide indemnity for the State or Maralinga Tjarutja in relation to a particular claim for damages. (2) No liability attaches to the State in relation to injury, damage or loss caused by, or related to, the British Nuclear Test Program, or minor trials, conducted at the Maralinga nuclear test site. (3) No liability attaches to Maralinga Tjarutja in relation to injury, damage or loss caused by, or related to, the British Nuclear Test Program, or minor trials, conducted at the Maralinga nuclear test site. 15K—Mining etc prohibited on Maralinga nuclear test site (1) The Mining Act 1971, the Petroleum and Geothermal Energy Act 2000 and the Opal Mining Act 1995 do not apply to, or in relation to, the Maralinga nuclear test site. (2) Despite a provision of this or any other Act or law, the following activities are prohibited on, or in relation to, the Maralinga nuclear test site: (a) prospecting, exploring or mining for minerals (including, to avoid doubt, petroleum); (b) quarrying; (c) any other activity prescribed by the regulations. (3) A person who contravenes subsection (2) is guilty of an offence. Maximum penalty: $120 000. (4) An offence against this section lies within the criminal jurisdiction of the ERD Court. (5) In this section— ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993. 15L—Review of operation of Division by Minister (1) The Minister must cause a review of the operation of this Division to be conducted and a report on the results of the review to be prepared and submitted to him or her. (2) The Minister must ensure that, as part of the review, reasonable steps are taken to seek submissions from— (a) Maralinga Tjarutja; and (b) the Minister responsible for the administration of the Mining Act 1971; and (c) relevant industry, environment and community organisations. (3) The review and the report must be completed before the fifth anniversary of the commencement of this Division. (4) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after receiving the report. 15M—Evidence (1) A certificate of the Minister certifying that a document is an accurate copy of the Maralinga nuclear test site handback deed as in force on a date specified in the certificate is admissible in evidence in any proceedings and is evidence— (a) of the tabling of the Maralinga nuclear test site handback deed in the House of Assembly; and (b) of any matter so certified. (2) Subsection (1) does not affect any other way in which the tabling or content of the Maralinga nuclear test site handback deed, or the accuracy of a copy of the Maralinga nuclear test site handback deed, may be established. Division 2—Sacred sites 16—Register of sacred sites (1) Maralinga Tjarutja may compile a register of sacred sites recording— (a) where a site has been identified with particularity—the boundaries of the site; or (b) where a site is known to exist but has not been identified with particularity—the boundaries of the area within which it is known to exist. (2) A register compiled pursuant to subsection (1) shall be kept by Maralinga Tjarutja in such manner as it considers appropriate to prevent disclosure of its contents without the authority of Maralinga Tjarutja. Division 3—Entry to the lands 17—Rights of traditional owners with respect to lands (1) Subject to this Act, all traditional owners shall have unrestricted rights of access to the lands. (2) Subsection (1) applies to the Mamungari Conservation Park subject to the provisions of the National Parks and Wildlife Act 1972. 18—Unauthorised entry upon the lands (1) A person (not being a traditional owner) who enters the lands vested in Maralinga Tjarutja without the permission of Maralinga Tjarutja 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 $2 000 plus $500 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 $200. (3) An application for permission to enter the lands— (a) may be made by an applicant on behalf of himself, or on behalf of a group of persons; and (b) must— (i) be in writing and lodged with the Council; and (ii) set out— (A) the purpose for which entry to the lands is sought; and (B) the period for which entry to the lands is sought; and (C) the time and place at which the applicant, or the group upon whose behalf the application is made, seeks to enter the lands. (4) The applicant shall, at the request of Maralinga Tjarutja, furnish such further information as it may reasonably require to determine the application. (5) Upon an application under this section, Maralinga Tjarutja 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. (6) 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. (7) A person who contravenes or fails to comply with a condition on which he, or a group of which he 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 (8). (8) The maximum penalty for an offence against subsection (7) 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. (11) 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 (c) a person acting upon the written authority of the Minister of Aboriginal Affairs, who enters the lands for the purpose of carrying out functions that have been assigned to a Minister or instrumentality of the Crown or a department of government; or (d) a member of the Parliament of the State or the Commonwealth or 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 entering the land in accordance with, or to exercise a function under, the Maralinga nuclear test site handback deed; or (db) a person assisting a person referred to in any of the preceding paragraphs; or (e) an Aboriginal person who enters the lands at the invitation of a traditional owner; or (f) a person who proves to the satisfaction of the Minister that he or she carried on the business of taking rabbits on a part of the lands before it became subject to the application of this Act; or (g) entry upon the lands in case of emergency; or (ga) entry upon the road reserve described in Schedule 3 and the Mamungari Conservation Park; or (h) entry upon the lands in pursuance of Division 4 or Division 6 of this Part. (12) Where a person proposes to enter the lands in pursuance of subsection (11)(b), (c), (d), (da), (db) or (e), reasonable notice of the time, place and purpose of the proposed entry must be given to Maralinga Tjarutja. (13) If Maralinga Tjarutja, by notice in writing to the Minister of Aboriginal Affairs, 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. (14) The Council may order that a person who has entered the lands under subsection (11)(e) leave the lands and if the person, having been notified of the order, fails to comply with the order, he shall be guilty of an offence and liable to a penalty not exceeding $2 000. (15) The Minister may, after consultation with Maralinga Tjarutja, impose on a person who may enter the lands under subsection (11)(f) conditions relating to his entry to, and conduct while on, the lands and if such a person, having been notified of a condition imposed under this section, contravenes or fails to comply with that condition, he shall be guilty of an offence and liable to a penalty not exceeding $2 000. 18A—Residence on the lands A person who is entitled under section 18(11)(a), (b), (c), (da) or (db) to enter the lands for the purpose of carrying out, or assisting in carrying out, official duties or functions is entitled to reside on the lands where that is necessary or desirable for the purpose of carrying out that duty or function. 19—Special provisions for the residents of Cook (1) Notwithstanding the other provisions of this Division, Maralinga Tjarutja shall, in accordance with a procedure determined by the Minister, grant a general permit to the residents of Cook to enter the prescribed area for recreational or sporting purposes. (2) The first permit to be granted under subsection (1) shall be granted within two months of the commencement of this Act, and subsequent permits shall be granted in each ensuing year in either the month of March or April. (3) A permit granted under subsection (1) shall continue in force until a further permit is granted in accordance with subsection (2). (4) A resident of Cook and any person accompanying him shall, by virtue of a permit granted under subsection (1), be entitled to enter the prescribed area at any time and place subject to the following conditions: (a) that the prescribed area is not entered for some purpose other than recreational or sporting purposes; and (b) that alcoholic liquor is not supplied to any traditional owner within the prescribed area; and (c) that the traditional owners are not disturbed in any use that they may be making of any part of the prescribed area; and (d) such other conditions as may be imposed by Maralinga Tjarutja after consultation with the Minister and of which notice has been given, in a manner approved by the Minister, to the residents of Cook. (5) Where a person contravenes or fails to comply with a condition referred to in subsection (4)— (a) he shall be guilty of an offence and liable to a penalty not exceeding $2 000; and (b) in the case of a resident of Cook—his permission to enter the lands by virtue of a permit granted under subsection (1) may be cancelled by Maralinga Tjarutja, by notice in writing, for a period not exceeding one year. (6) A person who ceases to be a resident of Cook shall cease to have permission to enter the lands by virtue of a permit granted under subsection (1). (7) In this section— the prescribed area means that part of the lands that is within forty kilometres of the post office in the township of Cook; resident of Cook means a person whose sole or principal place of residence is within the township of Cook. 20—Use of roads to traverse the lands (1) Notwithstanding the other provisions of this Division but subject to subsection (1a), a person (other than a traditional owner) shall be entitled to use a prescribed road subject to the following conditions: (a) that the use of the road is limited to that involved in, or reasonably associated with, traversing the land; and (b) that the person gives Maralinga Tjarutja reasonable prior notice of the time and place of his entry upon and departure from the lands. (1a) Nothing in this section entitles a person to use a road within Section 400, Out of Hundreds within the Maralinga nuclear test site (whether or not the road is a continuation of a road that the person is entitled to use). (2) Where a person contravenes or fails to comply with a condition referred to in subsection (1), he shall be guilty of an offence and liable to a penalty not exceeding $2 000. (3) For the purposes of this section— prescribed road means a road delineated in the map in Schedule 2 including land on either side of the road to a distance of not more than one hundred metres from the centre of that road. Division 4—Mining operations on the lands 20A—Application of Division This Division does not apply to the following: (a) the Mamungari Conservation Park; (b) the Maralinga nuclear test site. Note— Mining and certain associated activities are prohibited on the Maralinga nuclear test site—see section 15K. 21—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 $10 000 plus $1 000 for each day during which the convicted person— (a) carried out unlawful mining operations upon the lands; or (b) remained upon the lands after the unlawful entry. (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 Council; 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 Maralinga Tjarutja, 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, Maralinga Tjarutja 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) Maralinga Tjarutja 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. (8) The reasonable costs and expenses incurred by Maralinga Tjarutja in dealing with an application under this section may be recovered from the applicant as a debt. (9) Any payment made in satisfaction of a liability arising under subsection (8) shall, if the application is subsequently determined in favour of the applicant but on condition that he pay compensation to Maralinga Tjarutja, be regarded as a payment made on account of that compensation. (10) Where— (a) Maralinga Tjarutja 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 Maralinga Tjarutja, upon the application, the applicant may request the Minister of Mines and Energy to refer the application to an arbitrator. (11) Upon the receipt of a request under subsection (10), the Minister of Mines and Energy shall confer with the Minister of Aboriginal Affairs, Maralinga Tjarutja and the applicant with a view to resolving the matter by conciliation. (12) If steps taken under subsection (11) have failed to resolve the matter within a reasonable time after receipt of the request, the Minister of Mines and Energy shall refer the application to an arbitrator. (13) The arbitrator shall— (a) in relation to an application for permission to carry out exploratory operations—be a Judge of the Supreme Court of South Australia or a legal practitioner of not less than ten years standing appointed by the Minister of Mines and Energy to be arbitrator; or (b) in any other case—be a Judge of the High Court, the Federal Court of Australia or the Supreme Court of a State or Territory of Australia or a legal practitioner of not less than ten years standing appointed by the Minister of Mines and Energy to be arbitrator, the Minister having first afforded Maralinga Tjarutja and the applicant a reasonable opportunity to make representations as to that appointment. (14) 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. (16) After hearing such evidence and submissions as— (a) Maralinga Tjarutja; and (b) the applicant; and (c) the Minister of Mines and Energy; and (d) the Minister of Aboriginal Affairs, 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 Maralinga Tjarutja; or (f) where no decision has been made by Maralinga Tjarutja upon the application—determine the application as the arbitrator thinks fit. (17) The arbitrator may, if he thinks fit, award against the applicant and in favour of Maralinga Tjarutja an amount determined by the arbitrator as representing the reasonable costs and expenses incurred by Maralinga Tjarutja in relation to the arbitration. (18) An amount awarded under subsection (17) may be recovered by Maralinga Tjarutja as a debt. (19) 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 ways-of-life, culture and tradition of the traditional owners; (ii) the interests, proposals, opinions and wishes of the traditional owners in relation to the management, use and control of the lands; (iii) the growth and development of social, cultural and economic structures of the traditional owners; (iv) freedom of access by traditional owners to the lands and their freedom to carry out on the lands rites, ceremonies and other activities in accordance with their 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 the traditional owners 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. (20) The arbitrator shall hear and determine the arbitration as expeditiously as possible. (21) A determination under this section is binding upon Maralinga Tjarutja, the applicant and the Crown. (22) The Arbitration Act 1891 does not apply to an arbitration under this section. (23) Mining operations in pursuance of a mining tenement that was in force in relation to a part of the lands immediately before it became subject to the application of this Act shall be deemed to have been unconditionally permitted under this section. 22—Application for mining tenements and sacred sites (1) Where an application has been made for a mining tenement in respect of a part of the lands, the Minister of Mines and Energy and the Minister of Aboriginal Affairs shall consult with Maralinga Tjarutja to determine whether any sacred site or part of a sacred site registered on a register kept pursuant to section 16 is within the land to which the application relates. (2) Where the Minister of Mines and Energy and the Minister of Aboriginal Affairs are satisfied that a sacred site or part of a sacred site registered on a register kept pursuant to section 16 is within the land to which the application relates, the Minister of Mines and Energy— (a) shall provide the applicant with such information as to the sacred site and its location as he and the Minister of Aboriginal Affairs determine to be appropriate; and (b) shall, subject to subsection (3)— (i) in granting any mining tenement upon the application, make necessary provision for the protection of the sacred site— (A) in the case of a sacred site that has been identified with particularity—by excluding land from the tenement or imposing conditions on the tenement; or (B) in the case of a sacred site that is known to exist but which has not been identified with particularity—by imposing conditions on the tenement to protect the sacred site until it is so identified; and (ii) in the case of a sacred site referred to in subparagraph (i)(B), when it is so identified, make further or other provision for the protection of the site by excluding land from the tenement or imposing conditions on the tenement. (3) The Minister of Mines and Energy shall not, in granting a mining tenement relating to land to which another mining tenement (being a mining tenement granted in respect of the land after it became subject to the application of this Act) previously related, make provision under subsection (2)(b) for the protection of any sacred site within the land unless provision for the protection of that sacred site was made under that subsection in granting that earlier tenement. (4) Land may be excluded from a mining tenement under this section, and, subject to subsection (5), conditions may be imposed, varied or revoked under this section in respect of a mining tenement, by notice in writing to the holder of the tenement. (5) Conditions shall not be imposed under this section in respect of a mining tenement, and any conditions so imposed shall not be varied or revoked, without the consent of Maralinga Tjarutja. (6) Where information is provided as to a sacred site and its location pursuant to subsection (2), the Minister of Mines and Energy may, in consultation with the Minister of Aboriginal Affairs, impose conditions prohibiting or restricting disclosure of the information and any person who knowingly contravenes any such condition shall be guilty of an offence and liable to a penalty not exceeding $5 000. 23—Interaction of the Act and the 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 upon 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 Maralinga Tjarutja 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 some other consideration, in contravention of section 25; or (b) in relation to— (i) obtaining the permission of Maralinga Tjarutja for the carrying out of mining operations upon the lands; or (ii) the carrying out or proposed carrying out of mining operations upon the lands, makes a payment, or gives some other consideration, to Maralinga Tjarutja (not being a payment or consideration in discharge or partial discharge of a liability arising under this Act, and not being a payment of royalty under section 24) otherwise than in conformity with— (iii) conditions imposed by Maralinga Tjarutja under this Division in granting its permission for the carrying out of the mining operations; (iv) conditions determined or approved by an arbitrator under this Division; (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) no mining tenement in respect of the lands shall be granted to the person by whom the payment was made or the consideration given, and any such mining tenement held by that person shall be cancelled. 24—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 Maralinga Tjarutja; and (b) one-third shall be paid to the Minister of Aboriginal Affairs 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). (5) In this section— royalty means royalty payable under the Mining Act 1971 or the Petroleum Act 1940. 25—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 in discharge or partial discharge of a liability arising under this Act) in connection with obtaining the permission of Maralinga Tjarutja 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. 26—Certain payments or other consideration to Maralinga Tjarutja must represent fair compensation (1) This section applies to payments made, or to be made, or consideration given, or to be given, to Maralinga Tjarutja (not being a payment or consideration in discharge or partial discharge of a liability arising under this Act, and not being a payment or royalty under section 24) in respect of the carrying out or proposed carrying out of mining operations upon the lands. (2) Subject to subsection (3), a payment or consideration to which this section applies must be reasonably proportioned to the disturbance to the lands, the traditional owners, and their ways-of-life, that has resulted or is likely to result from the grant of the relevant mining tenement. (3) A person shall not be required to make or give, or to agree to make or give, any payment or consideration to which this section applies in respect of the carrying out or proposed carrying out of exploratory operations upon the lands other than a payment of such amount (if any) as is or would become payable as compensation under the Mining Act 1971 or the Petroleum Act 1940 (as the case may require) in respect of the carrying out of such operations. (4) 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 5—Right of the Crown to continue in occupation of certain parts of the lands 27—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 the traditional owners, 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 Maralinga Tjarutja. Division 6—Construction of roads by the Commissioner of Highways 28—Consent of Maralinga Tjarutja required for road works (1) The Commissioner of Highways may carry out road works upon the lands with the consent of Maralinga Tjarutja. (2) The consent of Maralinga Tjarutja may be given subject to such conditions as Maralinga Tjarutja thinks fit. (3) Maralinga Tjarutja shall not withhold its consent to the construction or reconstruction of the road described in Schedule 3, but this subsection does not prejudice the right of Maralinga Tjarutja to negotiate conditions affecting the road works, or ancillary or associated works. 29—Proposals to carry out road works and arbitration of disputes (1) Where the Commissioner of Highways desires to carry out road works on the lands, he shall submit to Maralinga Tjarutja proposals containing— (a) a plan describing the land upon which the road works are to be carried out; and (b) a description of all ancillary or associated works that are to be carried out and of the areas in which those ancillary or associated works are to be carried out; and (c) a description of the access roads to be used for the purpose of the road works, or the ancillary or associated works; and (d) a general description of the areas in which gravel or stone is to be quarried for the purpose of the road works; and (e) such other information as Maralinga Tjarutja may reasonably require. (2) If the Commissioner and Maralinga Tjarutja are unable to agree on the proposals, or on some modified form of the proposals, the Commissioner may submit the differences to arbitration. (3) The arbitrator shall be the arbitrator appointed in pursuance of section 21. (4) The arbitrator is empowered to determine any matter in dispute and his determination shall be binding upon the Commissioner and Maralinga Tjarutja. (5) No compensation is payable to Maralinga Tjarutja in respect of loss or damage arising from road works where those road works are carried out in relation to the road described in Schedule 3 and in accordance with conditions agreed by Maralinga Tjarutja and the Commissioner, or determined by the arbitrator. 30—Road reserves (1) The area comprised within the road described in Schedule 3 constitutes a road reserve. (2) The Commissioner of Highways is entitled to unrestricted use of a road reserve for purposes related to road works. (3) A member of the public shall be entitled to free and unrestricted access to the Mamungari Conservation Park along the road described in Schedule 3 and to land comprised in the road reserve. 31—Consent not required for maintenance or repair of road described in Schedule 3 The provisions of sections 28 and 29 shall not apply to the maintenance or repair (being maintenance or repair not involving realignment) of the road described in Schedule 3 provided that materials used in the course of the maintenance or repair of the road are not taken from any part of the lands that lie outside the road reserve. 32—Interaction between this Act and Highways Act Road works carried out by the Commissioner of Highways in pursuance of this Division upon roads that, immediately before the commencement of this Act, were in existence upon the lands shall be deemed to be road works upon roads within the meaning of the Highways Act 1926. Part 4—Disputes 33—Tribal assessor (1) There shall be a tribal assessor. (2) The tribal assessor shall be appointed by the Minister of Aboriginal Affairs with the approval of Maralinga Tjarutja. (3) The terms and conditions upon which the tribal assessor holds office shall be determined by the Minister after consultation with the Commissioner for Public Sector Employment. 34—Disputes (1) Any traditional owner who is aggrieved by a decision or action of Maralinga Tjarutja, or any of its members, may appeal to the tribal assessor against that decision or action. (2) The tribal assessor— (a) shall hear the appeal at some suitable place upon the lands; and (b) shall conduct the hearing as expeditiously as possible and without undue formality. (3) The tribal assessor is not bound by the rules of evidence in proceedings under this section, but may inform himself in such manner as he thinks fit. (4) In proceedings under this section, the tribal assessor should observe, and where appropriate give effect to, the customs and traditions of the traditional owners. (5) The tribal assessor may in proceedings under this section— (a) give such directions as he considers just or expedient to resolve any matters in dispute; or (b) refer the matter back to Maralinga Tjarutja to be further dealt with in accordance with his directions. 35—Order compelling compliance with direction of the tribal assessor (1) If a person refuses or fails to comply with a direction of the tribal assessor, any party to the proceedings before the assessor may apply to a local court of full jurisdiction for an order to compel that person to comply with the direction. (2) Upon an application under this section, the local court shall, unless satisfied that the direction of the tribal assessor is unjust or unreasonable, make an order requiring the person against whom the direction was made to comply with the direction. (3) Proceedings under this section shall be heard at some suitable place upon the lands, and shall be conducted as expeditiously as possible and without undue formality. Part 5—Miscellaneous 36—Summary procedure Proceedings in respect of offences against this Act shall be disposed of summarily. 37—Power of court to order compensation in certain cases Where a person is convicted of an offence against this Act or any other Act, and it appears to the court by which that person is convicted that Maralinga Tjarutja has suffered damage to its property as a result of the commission of the offence, the court may order the convicted person to pay such compensation to Maralinga Tjarutja as the court considers just. 38—Exemption of lands from land tax No land tax is payable upon the lands. 39—Financial provision The moneys required for the purposes of this Act shall be paid out of moneys provided by Parliament for those purposes. 40—Non-application of Outback Areas Community Development Trust Act (1) The Outback Areas Community Development Trust Act 1978 does not apply to the lands. (2) Notwithstanding subsection (1), the Outback Areas Community Development Trust may expend moneys for the benefit of residents of the lands. 41—Interaction between this Act and certain other Acts (1) For the purpose of determining whether a particular part of the lands is a public place within the meaning of some other Act or law, any restrictions upon access to the lands or that place arising under this Act shall be disregarded. (2) A reference in the Road Traffic Act 1961 or the Motor Vehicles Act 1959 to a road extends to any road upon the lands. 42—Depasturing of stock Any regulations relating to the depasturing of stock that apply to holders of pastoral leases under the Pastoral Act 1936 apply in respect of the depasturing of stock upon the lands as if Maralinga Tjarutja were the holder of a pastoral lease in respect of the lands. 43—By-laws (1) Maralinga Tjarutja may, with the approval of the Minister, make by‑laws— (a) regulating, restricting or prohibiting the consumption, inhalation, possession, sale or supply of regulated substances on the lands; (b) providing for the confiscation, in circumstances in which a contravention of a by‑law under paragraph (a) is reasonably suspected, of any 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 any regulated substance; (d) prohibiting specified forms of gambling on the lands; (e) providing for any other matter that is prescribed by the regulations as a matter in relation to which by‑laws may be made. (2) A by‑law under this section must not be inconsistent with this or any other Act, or with the general law of the State. (3) The operation of a by‑law is restricted to the lands. (4) A by‑law made under this section— (a) must be submitted to the Governor for confirmation; and (b) is subject to disallowance by Parliament. (5) A court by which a person is found to have been in possession of a regulated substance for his or her own use in contravention of the by‑laws may, subject to the by‑laws, order that person to undergo treatment or participate in a rehabilitation programme prescribed by the by‑laws. (6) Subject to subsection (7), a person who contravenes or fails to comply with a by‑law is liable to a penalty as follows: (a) if the by‑law specifies a penalty (which must not exceed $2 000)—the penalty so specified; or (b) if no penalty is specified—a maximum fine of $2 000. (7) A person who contravenes a by‑law regulating, restricting or prohibiting the sale or supply of a regulated substance is guilty of an offence. Maximum penalty: $2 000 or imprisonment for 2 years. (8) In this section— petrol includes any volatile liquid containing hydrocarbons; regulated substance means petrol, alcoholic liquor and any other substance declared by regulation to be included within the ambit of this definition. 44—Regulations (1) The Governor may make regulations— (a) prescribing a form of agreement as a model form of agreement under which exploratory operations may be carried out upon the lands and providing that such a model form of agreement shall form the basis of negotiations between Maralinga Tjarutja and any applicant for permission to carry out exploratory operations upon the lands; and (ab) regulating, restricting or prohibiting entry on, or any activity on, the Maralinga nuclear test site or a part of that site; and (b) regulating, restricting or prohibiting the depasturing of stock upon any specified part of the lands; and (c) regulating, restricting or prohibiting any activity upon the lands that may have adverse environmental consequences; and (d) regulating, restricting or prohibiting the supply or consumption of alcoholic liquor upon the lands; and (e) providing for the confiscation of alcoholic liquor; and (f) prescribing other matters contemplated by this Act, or necessary or expedient for the purposes of this Act; and (g) prescribing penalties (not exceeding $2 000) for breach of, or non-compliance with, any regulation. (1a) The regulations may— (a) be of general application or vary in their application according to prescribed factors; (b) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or a specified body of persons. (2) A regulation shall not be made under subsection (1)(a) except with the approval of Maralinga Tjarutja. (3) A regulation shall not be made under subsection (1)(ab) or (c) except after consultation with Maralinga Tjarutja. (4) A regulation shall not be made under subsection (1)(d) or (e) except upon the recommendation of Maralinga Tjarutja. Schedule 1 Section 50, Out of Hundreds; Section 400, Out of Hundreds; Section 1302, Out of Hundreds; Section 1485, Out of Hundreds; Section 1486, Out of Hundreds; Section 1487, Out of Hundreds and an Allotment comprising Pieces 16, 17, 18 and 19 on Deposited Plan 31180. Schedule 2—Prescribed roads

Schedule 3 Section 1303, Out of Hundreds. Schedule 4 Section 50, Out of Hundreds. Schedule 5—Maralinga nuclear test site Note— The following map is provided for ease of reference only.

Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • 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. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1984 3 Maralinga Tjarutja Land Rights Act 1984 12.4.1984 6.12.1984 (Gazette 6.12.1984 p1742) 1991 43 Maralinga Tjarutja Land Rights (Additional Lands) Amendment Act 1991 7.11.1991 28.11.1991 (Gazette 28.11.1991 p1376) 2004 27 Statutes Amendment (Co-managed Parks) Act 2004 29.7.2004 ss 4(1) and 5—29.7.2004; ss 4(2) and 6—12—24.8.2004 (Gazette 29.7.2004 p2682) 2006 17 Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 49 (s 164)—4.9.2006 (Gazette 17.8.2006 p2831) 2009 59 Maralinga Tjarutja Land Rights (Miscellaneous) Amendment Act 2009 26.11.2009 26.11.2009 (Gazette 26.11.2009 p5274) 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 88 (s 206)—1.2.2010 (Gazette 28.1.2010 p320) 2013 16 Statutes Amendment (Directors' Liability) Act 2013 23.5.2013 Pt 36 (s 69)—17.6.2013 (Gazette 6.6.2013 p2498) 2019 45 Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cl 65)—1.1.2021 (Gazette 10.12.2020 p5638) 2025 29 Biodiversity Act 2025 26.6.2025 Sch 5 (cll 45 to 48)—uncommenced Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002 29.7.2004 s 3

British Nuclear Test Program inserted by 59/2009 s 4(1) 26.11.2009 co-management agreement inserted by 27/2004 s 4(1) 29.7.2004 co-management board inserted by 27/2004 s 4(1) 29.7.2004

amended by 59/2009 s 4(2) 26.11.2009 Mamungari Conservation Park inserted by 59/2009 s 4(3) 26.11.2009 Maralinga nuclear test site inserted by 59/2009 s 4(3) 26.11.2009 Maralinga nuclear test site handback deed inserted by 59/2009 s 4(3) 26.11.2009 minor trials inserted by 59/2009 s 4(4) 26.11.2009 Unnamed Conservation Park inserted by 27/2004 s 4(2) 24.8.2004

deleted by 59/2009 s 4(5) 26.11.2009 Pt 2

s 5

s 5(2) amended by 27/2004 s 5 29.7.2004

amended by 59/2009 s 5 26.11.2009 s 9 substituted by 59/2009 s 6 26.11.2009 Pt 3

Pt 3 Div 1A inserted by 27/2004 s 6 24.8.2004 heading amended by 59/2009 s 7 26.11.2009 s 15B

s 15B(1) and (2) amended by 59/2009 s 8 26.11.2009 s 15D

s 15D(2) amended by 59/2009 s 9 26.11.2009 s 15E

s 15E(3) amended by 59/2009 s 10 26.11.2009 Pt 3 Div 1B inserted by 59/2009 s 11 26.11.2009 Pt 3 Div 3

s 17

s 17(1) s 17 redesignated as s 17(1) by 27/2004 s 7 24.8.2004

amended by 59/2009 s 12(1), (2) 26.11.2009 s 17(2) inserted by 27/2004 s 7 24.8.2004 s 18

s 18(9) and (10) deleted by 59/2009 s 13(1) 26.11.2009 s 18(11) amended by 43/1991 s 3 28.11.1991

amended by 27/2004 s 8 24.8.2004

amended by 59/2009 s 13(2), (3) 26.11.2009 s 18(12) amended by 59/2009 s 13(4) 26.11.2009 s 18A inserted by 59/2009 s 14 26.11.2009 s 20

s 20(1) amended by 59/2009 s 15(1) 26.11.2009 s 20(1a) inserted by 59/2009 s 15(2) 26.11.2009 Pt 3 Div 4

s 20A inserted by 27/2004 s 9 24.8.2004

substituted by 59/2009 s 16 26.11.2009 s 21

s 21(13) amended by 45/2019 Sch 1 cl 65(1) 1.1.2021 s 21(14) amended by 17/2006 s 164(1) 4.9.2006

amended by 45/2019 Sch 1 cl 65(2) 1.1.2021 s 21(15) deleted by 17/2006 s 164(2) 4.9.2006 s 21(23) amended by 43/1991 s 4 28.11.1991 s 22

s 22(3) amended by 43/1991 s 5 28.11.1991 s 25 substituted by 16/2013 s 69 17.6.2013 Pt 3 Div 6

s 30

s 30(3) amended by 27/2004 s 10 24.8.2004

amended by 59/2009 s 17 26.11.2009 Pt 4

s 33

s 33(3) amended by 84/2009 s 206 1.2.2010 Pt 5

s 43 expired: s 43(12)—omitted under Legislation Revision and Publication Act 2002 (6.12.1989) s 43 inserted by 59/2009 s 18 26.11.2009 s 44

s 44(1) amended by 59/2009 s 19(1) 26.11.2009 s 44(1a) inserted by 59/2009 s 19(2) 26.11.2009 s 44(3) amended by 59/2009 s 19(3) 26.11.2009 Sch 1 substituted by 43/1991 s 6 28.11.1991

amended by 27/2004 s 11 24.8.2004

amended by 59/2009 s 20 26.11.2009 Sch 2 substituted by 43/1991 s 6 28.11.1991

amended by 27/2004 s 12 24.8.2004

substituted by 59/2009 s 21 26.11.2009 Sch 5 inserted by 59/2009 s 22 26.11.2009 Transitional etc provisions associated with Act or amendments Maralinga Tjarutja Land Rights (Miscellaneous) Amendment Act 2009, Sch 1—Transitional provision 1—Maralinga nuclear test site excluded from mining tenements etc (1) If, immediately before the commencement of this clause, a right existed under a prescribed tenement in respect of any part of the Maralinga nuclear test site, the right is, by force of this subclause, extinguished. (2) If an application for a prescribed tenement in respect of any part of the Maralinga nuclear test site was made but not determined before the commencement of this clause, the application is, by force of this subclause, taken to be modified so that the application does not seek the conferral of any rights in relation to any part of the Maralinga nuclear test site. (3) Despite any other Act or law, no compensation is payable in respect of the operation of this clause. (4) In this clause— prescribed tenement means— (a) a mining tenement or permit under the Mining Act 1971; (b) a precious stones tenement or permit under the Opal Mining Act 1995; (c) a tenement under the Petroleum and Geothermal Energy Act 2000. Historical versions Reprint No 1—28.11.1991

29.7.2004

24.8.2004

4.9.2006

26.11.2009

1.2.2010

17.6.2013

1 Maralinga Tjarutja Land Rights Act 1984

The Act organises a set of interlocking legal concepts around statutory landholding, customary participation, resource control and limited State rights. Key concepts are:

Maralinga Tjarutja as a statutory corporation: The Act creates "Maralinga Tjarutja" and makes all traditional owners members (s 4(1)-(2)). The Council, which is composed of persons who are leaders of the traditional owners, administers functions and exercises powers on behalf of the body corporate (ss 6-7). The constitution may be made by Maralinga Tjarutja for internal procedures (s 5(2)(j)). Evidentiary presumptions operate in favour of documents bearing the common seal and Council attestations (ss 4(3)-(4),10).
Inalienable fee simple vesting: The Governor may issue a fee simple grant of the lands to Maralinga Tjarutja (s 13). Where land vests under this Part it is inalienable and not subject to compulsory acquisition under state law (s 15). Land grants must be expressed in English and Pitjantjatjara; interpretation is governed by the English text (s 14(1)).
Custom and internal decisionmaking: The Council must consult traditional owners and proceed "having regard to the customs of the traditional owners" when making decisions (s 8). The Council may delegate many powers but not the power of delegation itself, functions under s 5(1) (the core functions) or the power to grant a lease or licence (s 9(2)).
Entry and access controls: All traditional owners have unrestricted access (s 17(1)). Others require Maralinga Tjarutja permission to enter the lands (s 18(1)-(6)), with criminal penalties for unauthorised entry or breach of conditions (s 18(2), (7)-(8)). A detailed list of exceptions applies, including police and officers acting officially, persons acting under written authority of the Minister of Aboriginal Affairs, persons acting under the handback deed, MPs and Aboriginal invitees (s 18(11)). The Act also prescribes notice obligations for certain authorised entrants (s 18(12)).
Sacred sites register and confidentiality: Maralinga Tjarutja may compile a register of sacred sites that records precise boundaries where identified, or areas within which a site is known to exist; the register is to be kept to prevent disclosure without Maralinga Tjarutja authority (s 16).
Mining regime and arbitration: Mining on the lands is contingent on express permission from Maralinga Tjarutja (s 21(1)). Applications are tied to mining tenement processes, must be lodged with the Council and include information already submitted to the Minister of Mines and Energy (s 21(3)). If Maralinga refuses or delays beyond 120 days, the applicant may request referral to arbitration (s 21(10)), triggering conciliation first (s 21(11)) and then arbitration by persons specified in s 21(13) with powers modelled on a Royal Commission and limited avenues to refer questions of law to the Court of Appeal (s 21(14)). The arbitrator’s determination is binding (s 21(21)). Royalty proceeds are placed into a fund and split one‑third to Maralinga Tjarutja, one‑third to the Minister of Aboriginal Affairs for Aboriginal affairs generally, and one‑third to the State (s 24).
Special handling of the Maralinga nuclear test site: The Act requires site guidelines, public availability and consultation arrangements (s 15I), provides immunity for State and Maralinga Tjarutja against liability for damage related to tests (s 15J), excludes mining laws from applying to the site and criminalises prospecting/mining/quarrying on the site with a substantial penalty and jurisdiction in the Environment, Resources and Development Court (ss 15K(1)-(4)).
Co‑management for Mamungari Conservation Park: A co‑management board may be established by regulation to manage the Mamungari Conservation Park; regulations must ensure a majority of Maralinga Tjarutja members and chair nomination by Maralinga Tjarutja, and provide for corporate status, audit, reporting and Ministerial oversight (ss 15B-15G).
By‑laws and regulations: Maralinga Tjarutja may make by‑laws on regulated substances and other prescribed matters with Ministerial approval and Parliamentary confirmation or disallowance (s 43). The Governor may make regulations on a range of matters (s 44), subject in some instances to required approval or consultation with Maralinga Tjarutja (s 44(2)-(4)). Regulations may delegate determination to a Minister or specified body (s 44(1a)(b)).

Together these concepts create a model where statutory corporate ownership, customary governance, and specified State interests and reserve rights coexist in a single Act, with detailed procedural rules for third‑party access and resource development. The Act embeds multiple decision nodes , Council, Minister(s), Governor, arbitrator , each with specified powers.

The Act creates clearly identified classes of affected actors and prescribes who pays, who decides, and who benefits.

Traditional owners and Maralinga Tjarutja: The primary beneficiaries in statutory form are the traditional owners, who are all members of Maralinga Tjarutja (s 4(2)). The Council, consisting of leaders of the traditional owners, makes decisions and administers the affairs of the corporate body (ss 6-7). Traditional owners retain unrestricted access to the lands subject to the Act (s 17(1)). The Act assigns Maralinga Tjarutja the rights to grant leases and licences (s 5(2)(b)), to enter into co‑management agreements (s 5(2)(i)), to compile and keep confidential a sacred sites register (s 16), and to receive one‑third of mining royalty proceeds (s 24(2)(a)).
Private developers, mining companies and applicants for mineral or petroleum tenements: Persons seeking to carry out mining operations on the lands must obtain Maralinga Tjarutja’s permission in addition to any mining tenement (s 21(1), (3)). Applications are closely integrated with tenement processes and require disclosure of information previously supplied to the Minister of Mines and Energy (s 21(3)(c)). Applicants bear procedural costs: Maralinga can recover its reasonable costs of dealing with an application as a debt (s 21(8)), and arbitrators may award such costs (s 21(17)). Payments or consideration made to Maralinga outside statutory pathways are constrained by criminal and civil consequences (s 25, s 23(4)) and must be proportionate to disturbance (s 26(2)) and notified to the Minister of Mines and Energy within 14 days (s 26(4)).
The State and Crown agencies: The Governor may grant the land in fee simple (s 13) and the Crown retains rights to continue occupying parts of the lands used for health, education, welfare or advancement of traditional owners for up to fifty years without rent or compensation (s 27). The Commissioner of Highways may carry out road works with Maralinga’s consent (s 28) but has unrestricted use of the road reserve described in Schedule 3 (s 30(2)). Ministers have multiple roles including regulation‑making, approving the co‑management board’s staff arrangements and receiving reports (ss 15B, 15E, 15G, 44). The Act also insulates the State from liability related to tests if the handback deed ceases to provide indemnity (s 15J).
Ministers and regulatory bodies: The Minister of Aboriginal Affairs appoints the tribal assessor with Maralinga’s approval (s 33(2)), the Minister of Mines and Energy is involved in consultation and notification processes for mining applications (s 21(3), (5), 22), and the Minister responsible for National Parks interacts with co‑management arrangements (s 15A). The Governor makes regulations; some regulatory instruments cannot be made without Maralinga Tjarutja’s approval or consultation (s 44(2)-(4)).
Local courts, the ERD Court and arbitrators: Dispute resolution involves a tribal assessor and an arbitration route for mining disputes (ss 33-35, 21(10)-(21)). The ERD Court has criminal jurisdiction for offences under s 15K(4). The Act allows local courts to enforce directions of the tribal assessor (s 35) and specifies that summary procedure applies to offences under the Act (s 36).
Residents of Cook and the public using prescribed roads: Residents of Cook are to be granted an annual general permit to enter a prescribed area for recreational or sporting purpose under conditions set out in s 19. Members of the public have free access along the Schedule 3 road reserve to Mamungari Conservation Park (s 30(3)), and prescribed roads are usable to traverse the lands subject to notice and limitations (s 20).
Conservation and environment stakeholders: The co‑management board (ss 15B-15G) and the exclusion of Mamungari Conservation Park from mining Division application (s 20A) create direct roles for environmental management. Regulations may restrict activities that have adverse environmental consequences (s 44(1)(c)).

Thus the Act concentrates ownership and many decision rights in Maralinga Tjarutja and its Council while preserving certain State and public uses and creating procedural obligations and constraints for applicants, third parties, Ministers and courts.

The Act allocates duties and powers in specific statutory language. The following are the principal duties, rights and procedural obligations created by the Act.

Rights of Maralinga Tjarutja and traditional owners:

Vesting and inalienability: The Governor may grant the lands in fee simple to Maralinga Tjarutja (s 13). Once vested, the land cannot be alienated or compulsorily acquired under state law, subject to the Act (s 15).
Governance and internal rules: Maralinga Tjarutja may make a constitution to govern meetings, dispute procedures and other administrative matters (s 5(2)(j)). The Council carries out the powers and functions (s 7).
Leasing and contracting powers: Maralinga Tjarutja can grant leases or licences with limits depending on the category of lessee , unlimited periods to traditional owners or organisations of traditional owners, up to 50 years to Crown agencies (s 5(2)(b)(i)-(ii)), and up to 5 years for any other person (s 5(2)(b)(iii)). It may also enter into co‑management agreements (s 5(2)(i)), acquire and deal in land outside the lands (s 5(2)(c)), enter contracts and appoint staff (s 5(2)(d)-(e)).
Right to control access: Maralinga Tjarutja may grant or refuse permission to non‑traditional owners to enter the lands and impose conditions (s 18(5)). It may grant group permissions and hold members of the group to conditions (s 18(6)). The Council can order persons who entered by invitation to leave (s 18(14)).
Confidential sacred sites register: It may compile and keep confidential a register of sacred sites and prevent disclosure without authority (s 16).

Duties of Maralinga Tjarutja:

Consultation and custom: The Council must consult with traditional owners and act in ways determined by it having regard to customs (s 8).
Accounting and audit: Keep proper accounts, have them audited annually and lodge audited accounts with the Corporate Affairs Commission (s 11).
Offices and service addresses: Specify two offices for service, one within 30 km of Adelaide GPO and one on or reasonably accessible from the lands (s 12).
Guidelines for the test site: Prepare and publish guidelines for the Maralinga nuclear test site and explain them to traditional owners within statutory timeframes and according to ministerial approval processes (s 15I).

Obligations and rights of applicants and third parties:

Mining permissions and application content: An applicant seeking permission to carry out mining operations must have applied for the relevant mining tenement and must lodge an application with the Council in writing including all material supplied to the Minister of Mines and Energy (s 21(3)). Applicants must furnish further information on request (s 21(4)) and send a copy of the application or further information to the Minister of Mines and Energy as soon as practicable (s 21(5)).
Recovery of costs: Maralinga Tjarutja may recover reasonable costs and expenses in dealing with an application as a debt from the applicant (s 21(8)).
Compensation and royalty: Royalty paid in respect of minerals recovered is to be paid into a separate fund , one‑third to Maralinga Tjarutja, one‑third to the Minister of Aboriginal Affairs for Aboriginal inhabitants generally, one‑third to General Revenue (s 24(1)-(2)). Payments or considerations to Maralinga in relation to mining must represent fair compensation proportionate to disturbance (s 26(2)), and must be notified to the Minister of Mines and Energy within 14 days (s 26(4)).
Prohibitions and criminal liability: Unauthorised entry (s 18(1)), carrying out mining operations without permission (s 21(1)), contravening conditions of entry (s 18(7)), and prospecting/mining/quarrying on the Maralinga nuclear test site (s 15K(2)) are criminalised with specified fines and, in some cases, imprisonment (eg, s 25 repealed and substituted: see current s 25 maximum penalty $50,000 or imprisonment for 10 years for giving or offering payments to obtain permission without Minister consent). By‑law contraventions are also penalised (s 43).

Ministerial and Crown rights and duties:

Granting and regulation: The Governor (executive) may grant the land (s 13) and make regulations on numerous matters (s 44), some only with Maralinga’s approval or consultation (s 44(2)-(4)).
Co‑management oversight: The Minister for National Parks has a role in staff arrangements for the co‑management board, and the Minister must receive and table annual reports from the co‑management board (s 15E, 15G).
Liability insulation: The Act provides that no liability attaches to the State or to Maralinga Tjarutja in relation to injuries caused by the British Nuclear Test Program or minor trials if the handback deed ceases to provide indemnity (s 15J).

Dispute resolution rights:

Tribal assessor appeals: Traditional owners aggrieved by Council decisions may appeal to the tribal assessor, who is appointed by the Minister with Maralinga’s approval and may hear appeals informally, observe custom and make binding directions that the local court can enforce (ss 33-35).
Arbitration for mining and road works: Where disputes over mining permission or road proposals are not resolved, a specified arbitration route can be invoked; arbitrator qualifications and powers are set out and their determinations are binding (ss 21(10)-(21), 29).

These duties and rights set out multiple checkpoints and procedures an applicant, Minister or Maralinga Tjarutja must follow. Several provisions vest significant operational discretion either in the Council or in Ministers and the Governor, and the Act prescribes enforcement and remedy routes for failures to comply.

The Act creates a mixture of criminal penalties, civil recovery mechanisms and administrative enforcement routes. Enforcement is distributed across local courts, the ERD Court, and arbitration, with summary disposal for offences in most cases.

Criminal offences and penalties:

Unauthorised entry: A non‑traditional owner who enters the lands without permission is guilty of an offence (s 18(1)). Maximum penalties differ by fault: intentional entry attracts a fine of $2,000 plus $500 per day remained after unlawful entry; otherwise a fine of $200 (s 18(2)). Breach of conditions for permission has a maximum of $2,000 plus $500 per day while on the lands (s 18(7)-(8)).
Mining without permission: Carrying out mining operations on the lands without permission is an offence with maximum penalties of $10,000 plus $1,000 per day (s 21(2)).
Maralinga nuclear test site: Prospecting, exploring or mining on the Maralinga nuclear test site is prohibited and a contravention is an offence with a maximum penalty of $120,000 (s 15K(3)). Offences under s 15K fall within the criminal jurisdiction of the Environment, Resources and Development Court (s 15K(4)).
Payments to obtain permission: Section 25 makes it an offence to give, offer or agree to give a payment or consideration to another person in connection with obtaining Maralinga’s permission for mining operations without the consent of the relevant Minister. The maximum penalty is $50,000 or imprisonment for 10 years.
By‑laws: Contravention of by‑laws may attract fines up to $2,000; sale or supply contraventions carry a maximum $2,000 fine or two years’ imprisonment (s 43(6)-(7)).

Civil recovery and administrative enforcement:

Debt recovery of costs: Maralinga Tjarutja may recover reasonable costs and expenses incurred in handling an application to carry out mining operations as a debt (s 21(8)); and amounts awarded by an arbitrator for costs are recoverable as debts (s 21(17)-(18)).
Recovery of improper payments: Under s 23(4), payments made in contravention of s 25 or other specified conditions are recoverable as a debt due to the Crown; any mining tenement held by the payer may be refused or cancelled (s 23(4)(c)-(d)).
Compensation order by criminal court: When a person is convicted of an offence against this Act or any other Act, the court may order payment of compensation to Maralinga Tjarutja for damage to its property resulting from the offence (s 37).
Enforcement of tribal assessor directions: If a person refuses to comply with a tribal assessor’s direction, a party may apply to a local court of full jurisdiction for an order compelling compliance; the local court must make an order unless satisfied the direction was unjust or unreasonable (s 35(1)-(2)).

Procedural enforcement and dispute resolution:

Summary procedure: Proceedings for offences under the Act are to be disposed of summarily (s 36). That affects court processes, appeals and timeframes.
Arbitration bindingness and legal reference points: The arbitrator in mining disputes has inquiry powers under the Royal Commissions Act and may refer questions of law to the Court of Appeal (s 21(14)). An arbitrator may affirm, vary or reverse Maralinga’s decision or determine the application (s 21(16)-(17)), and the determination is binding on Maralinga, the applicant and the Crown (s 21(21)). The Arbitration Act 1891 does not apply to these arbitrations (s 21(22)), ensuring a bespoke process set by the Act.
Jurisdictional allocation: Offences under s 15K lie in the ERD Court (s 15K(4)); other offences are generally summary and local courts enforce tribal assessor directions (s 35). The Act also notes certain documents are conclusive proof in legal proceedings (s 10), which affects evidentiary burdens.

Evidentiary and administrative presumptions:

Documents purporting to bear the common seal and signatures of four Council members are presumed duly executed in the absence of proof to the contrary and are conclusive proof of validity of certified acts of the Council (ss 4(4), 10). A Minister’s certificate of a copy of the Maralinga nuclear test site handback deed is admissible and evidence of tabling and content (s 15M(1)).

These enforcement mechanisms combine criminal deterrence with civil recovery and statutory dispute routes. The Act permits recovery of costs as debt, criminal penalties up to imprisonment for severe mispayments, binding arbitration to resolve mining access disputes, and express court enforcement to compel compliance with customary dispute determinations.

The Act is expressly designed to operate alongside, and in some places override or modify, other South Australian statutes and common law rights. Its textual interactions and statutory carve‑outs are explicit.

Relationship with mining and petroleum laws:

Mining Acts excluded for the Maralinga nuclear test site: The Mining Act 1971, the Petroleum and Geothermal Energy Act 2000 and the Opal Mining Act 1995 do not apply to the Maralinga nuclear test site (s 15K(1)). The 2009 transitional provision confirms prescribed tenements over the test site were extinguished and no compensation is payable for that extinguishment (Transitional Sch 1). This does not by itself deny the applicability of those Acts to other parts of the lands where mining permission is obtained under this Division (s 20A).
Overlay for mining on the lands generally: The Act requires that mining operations on the lands cannot be undertaken without Maralinga Tjarutja’s permission under s 21, regardless of any other Act. Once permission is granted pursuant to this Division, persons may, subject to conditions and the Mining Act or Petroleum Act provisions, enter the lands for prospecting or mining without requiring further permission under those Acts (s 23(1)). A mining tenement cannot be granted in respect of the lands except to a person who has Maralinga’s permission (s 23(2)).

Interaction with National Parks and co‑management:

Mamungari Conservation Park: The Mamungari Conservation Park is vested in Maralinga Tjarutja (defined in s 3) and is subject to co‑management arrangements. Regulations establishing a co‑management board must not be inconsistent with the co‑management agreement under Division 6A of the National Parks and Wildlife Act 1972 (s 15B(2)(a)). Division 1A of Part 3 is expressly subject to this Act and the National Parks Act (s 15B(1)). The co‑management board’s functions and reporting requirements bridge the two Acts (ss 15B-15G).

Interaction with Highways and road laws:

Road works and Highways Act: Road works undertaken by the Commissioner of Highways require Maralinga’s consent under s 28, with an arbitration route for disagreements (s 29). Roads described in Schedule 3 constitute a road reserve and the Commissioner has unrestricted use for road works (s 30). Work on pre‑existing roads shall be deemed road works under the Highways Act 1926 (s 32). The Road Traffic Act 1961 and Motor Vehicles Act 1959 references to a road extend to roads on the lands (s 41(2)).

Statutory immunities and indemnities:

Test site indemnity and liability: The Act provides that no liability attaches to the State or Maralinga Tjarutja for injury, damage or loss caused by the British Nuclear Test Program or minor trials if the Maralinga nuclear test site handback deed ceases to provide indemnity or fails to provide indemnity in relation to a particular claim (s 15J). A Minister’s certificate can be used to prove the handback deed content in evidence (s 15M).

Tax and other Acts:

Exemption from land tax: The lands are exempt from land tax (s 38).
Exclusion from Outback Areas Community Development Trust Act: That Act does not apply to the lands but the Trust may still expend moneys for the benefit of residents (s 40).
For determining whether land is a public place under other laws, access restrictions arising under this Act must be disregarded (s 41(1)). This affects application of other Acts where "public place" definitions are relevant.

Administrative cross‑notifications and consultation:

Ministers must consult with Maralinga Tjarutja on certain regulations and cannot make some regulations without Maralinga’s approval (s 44(2)-(4)). The Minister of Mines and Energy must consult Maralinga in determining whether applications involve sacred sites and provide appropriate information to applicants and impose protections where required (s 22).

Arbitration and court interface:

The arbitrator in mining disputes has powers under Royal Commissions Act and can refer questions of law to the Court of Appeal (s 21(14)). Arbitration decisions are binding on the Crown, meaning the Act creates a statutory arbitration process that interacts with superior courts only on legal questions (s 21(21), (14)).

In short, the Act overlays a bespoke native land governance framework on existing statutory regimes for mining, national parks, roads and taxation. It both carves out (eg, treatment of the test site) and integrates with other laws (eg, mining tenement procedures), while requiring consultation and imposing approval checkpoints for regulation‑making and certain administrative actions.

The Act contains a recorded legislative history appended in the source with amendments and dates; the text includes a chronology of amendments and the subject matter of many changes. Key items from the recorded history in the source:

Principal Act: Maralinga Tjarutja Land Rights Act 1984 (No 3 of 1984). Assent 12 April 1984, commencement 6 December 1984 (Gazette ref included).
1991 amendment (No 43 of 1991): Maralinga Tjarutja Land Rights (Additional Lands) Amendment Act 1991, assented 7 November 1991, commenced 28 November 1991. Schedule 1 replaced (Sch 1 substituted by s 6 of 43/1991) and Schedule 2 substituted.
2004 amendments: Statutes Amendment (Co‑managed Parks) Act 2004 (No 27 of 2004) effected on 29 July 2004 and later dates for different sections. This inserted Division 1A (co‑management board provisions) into Part 3 (ss 15A-15G) and new definitions (eg, co‑management agreement, co‑management board, Mamungari Conservation Park).
2006 amendment: Statutes Amendment (New Rules of Civil Procedure) Act 2006 made changes effective 4 September 2006 (Pt 49 s 164).
2009 amendments: Maralinga Tjarutja Land Rights (Miscellaneous) Amendment Act 2009 (No 59 of 2009), assented 26 November 2009 and commencing that day, inserted Division 1B (special provisions for Maralinga nuclear test site, ss 15H-15M), introduced the Maralinga nuclear test site definition and the required guidelines and immunity and mining prohibitions, and made multiple consequential amendments across the Act (see items s 4-22 in the history).
2009 Public Sector consequential changes: Statutes Amendment (Public Sector Consequential Amendments) Act 2009 (No 84 of 2009) with commencement 1 February 2010 for some provisions.
2013 amendment: Statutes Amendment (Directors' Liability) Act 2013 (No 16 of 2013) with commencement 17 June 2013 affecting s 25 substitution.
2019 amendment: Supreme Court (Court of Appeal) Amendment Act 2019 (No 45 of 2019) with some provisions commencing 1 January 2021, amending s 21(13) and s 21(14) reference to arbitrator qualifications.
2025 entry: Biodiversity Act 2025 schedules listed as uncommenced (Sch 5 cll 45-48 uncommenced).

The source includes a table of provisions amended, how they were varied and commencement dates. It also includes a transitional provision in the Maralinga Tjarutja Land Rights (Miscellaneous) Amendment Act 2009 Sch 1 providing that any prescribed tenement existing in respect of any part of the Maralinga nuclear test site immediately before commencement was extinguished by force of the clause, and that existing undetermined applications were taken to be modified to exclude the test site; the clause also specifies no compensation is payable as a result (Transitional Sch 1(1)-(3)).

Amendments that inserted the co‑management board provisions (2004) and the Maralinga nuclear test site rules and indemnities (2009) are consequentially important: they add new governance structures (co‑management) and impose a hard prohibition on mining on the test site plus an indemnity mechanism. The amendment history shows progressive additions to the Act’s regimes for conservation, mining and test‑site management, with several provisions requiring ministerial or Maralinga approval for regulations.

Readers should consult the legislative history table and the listed reprint dates included in the source for precise textual versions and commencement schedules. The source notes that uncommenced amendments are not incorporated and that legislative references to other instruments may be obsolete, signalling that the Act’s operation should be checked against current subordinate instruments and any uncommenced amendments.

The Act as provided does not record any judicial decisions or name any cases. The text itself creates several defined procedural and jurisdictional routes that determine where litigation or enforcement actions would be heard. The Act therefore shapes litigation by specifying forum, remedies, and dispute resolution rather than by citing precedent.

Statutory litigation pathways and possible fora under the Act:

Criminal jurisdiction and summary procedure: Offences under most provisions of the Act are to be disposed of summarily (s 36). The Maralinga nuclear test site offence under s 15K is explicitly placed within the criminal jurisdiction of the Environment, Resources and Development Court (s 15K(4)). That allocation directs criminal prosecutions under s 15K to the ERD Court while other offences proceed summarily in local or magistrates courts.
Enforcement of customary dispute determinations: The Act creates an internal appeals mechanism via the tribal assessor for traditional owners aggrieved by Council decisions (ss 33-34) and provides for civil enforcement in a local court of full jurisdiction where someone refuses to comply with a tribal assessor’s direction (s 35). The local court is empowered to compel compliance unless it finds the direction unjust or unreasonable.
Arbitration and superior court interface for mining disputes: For disputes over mining permissions, the Act provides a statutory arbitration procedure with defined arbitrator qualifications and powers (s 21(10)-(21)). The arbitrator has powers of a Royal Commission (s 21(14)(a)) and may refer questions of law to the Court of Appeal (s 21(14)(b)). The arbitrator’s determination is binding on Maralinga, the applicant and the Crown (s 21(21)). The Arbitration Act 1891 does not apply (s 21(22)), making these arbitrations bespoke and statutory. The 2019 amendment amended arbitrator qualifications (s 21(13) as amended).
Evidentiary shortcuts: The Act provides that documents purporting to bear the common seal and four Council signatures are presumed duly executed and conclusive evidence of conformity with the Act (ss 4(4), 10). The Minister’s certificate of the Maralinga nuclear test site handback deed is admissible (s 15M). Those provisions affect evidentiary disputes in litigation.

Absence of named cases in the text means there is no litigation history embedded within the Act itself. For actual judicial interpretation, external case law would need to be surveyed in court databases and reports, but the Act directs likely litigation contours: criminal prosecution in ERD or local courts, binding statutory arbitration for mining disputes with limited questions of law to appellate courts, and local court enforcement of tribal assessor directions. Any analysis of prior litigation would therefore be outside the text provided and should be sourced from judicial records.

Concrete traps, friction points and statutory pitfalls that arise from the Act’s language and procedures:

Dual authorisation for mining: A mining tenement under the Mining Act or Petroleum Act is insufficient on its own for mining on the lands. Permission of Maralinga Tjarutja is a separate statutory precondition (s 21(1), (3); s 23(2)). Applicants who assume that a granted tenement alone allows operations risk criminal liability (s 21(2)).
Short‑term private leases: Maralinga may grant leases up to five years to "any other person" but longer leases up to fifty years only to agencies or instrumentalities of the Crown (s 5(2)(b)(ii)-(iii)). This cap can materially affect willingness to invest in long‑lived projects by private entities.
Cost recovery and debt exposure: Maralinga can recover reasonable costs for processing an application as a debt (s 21(8)) and arbitrators may award costs to Maralinga (s 21(17)). Applicants should budget for non‑refundable procedural fees and possible adverse cost awards if arbitration ensues.
Criminalisation of payments and heavy criminal penalties: Section 25 criminalises giving or offering payments to obtain permission to mine without the relevant Minister’s consent, with a maximum of $50,000 or 10 years’ imprisonment. Section 23(4) also makes improper payments recoverable to the Crown and bars subsequent tenement grants to the payer. These are high‑stakes restrictions; inadvertent payments or poorly documented community compensation arrangements risk severe consequences.
Fair compensation standard is subjective: Section 26 requires payments to Maralinga "must be reasonably proportioned to the disturbance" to lands and traditional owners. That proportionality is a fact‑sensitive and potentially contested standard; failure to obtain Maralinga’s acceptance or to resort to arbitration risks dispute and possible enforcement. Notification to the Minister of Mines and Energy within 14 days is mandatory (s 26(4)).
Confidential sacred site material: Information about sacred sites may be shared with Ministers and applicants in confidence and the Minister may impose a condition prohibiting disclosure; breach is penalised up to $5,000 (s 22(2), (6)). Applicants relying on shared sacred‑site information must manage confidentiality risks and secured information handling.
Maralinga nuclear test site special rules: The test site has a bespoke regime: mining laws do not apply (s 15K(1)), prospecting/mining/quarrying are criminal offences with a $120,000 maximum penalty (s 15K(3)), and the ERD Court has jurisdiction (s 15K(4)). Moreover, transitional provisions extinguished existing tenements in respect of the test site and provided that no compensation is payable (Transitional Sch 1). Applicants should verify whether any part of their area of interest lies within the defined test site (definition at s 3 and Schedule 5).
Crown occupation without rent: Where the Crown occupied parts of the lands before the Act for specified social purposes, it may continue occupying them for up to fifty years without paying rent or compensation (s 27). That may affect rights to parts of the land and timing for availability.
Delegation restrictions: The Council may delegate many powers but not the power to delegate, functions under s 5(1) (core functions) or the power to grant leases or licences (s 9(2)). Delegations are revocable at will (s 9(3)(d)) and must be in writing (s 9(3)(a)). Entities expecting to rely on delegated decisions should confirm proper delegations are in place.
Regulation‑making discretion: The Governor may make regulations on numerous matters, and regulations may provide that a matter be determined according to the discretion of a Minister or specified body (s 44(1a)(b)). Some regulations require Maralinga’s approval or consultation (s 44(2)-(4)). The potential for ministerial discretion to determine outcomes creates uncertainty for applicants.
Procedural timeframes and arbitration triggers: Delay by Maralinga in deciding a mining application for 120 days lets the applicant seek arbitration (s 21(10)). Applicants must keep records of notification dates and be aware of conciliation obligations (s 21(11)) before arbitration.
Evidentiary presumptions: Documents bearing the common seal and four Council signatures are presumed valid (s 4(4), s 10). Opposing parties must be prepared to rebut those presumptions, which may be difficult in practice.
By‑laws can carry imprisonment for sale/supply prohibited substances: Contravention of by‑laws regulating sale or supply of a regulated substance carries up to two years’ imprisonment (s 43(7)). Maralinga’s by‑laws require Ministerial approval and Governor confirmation and are subject to parliamentary disallowance (s 43(4)).
Public access exceptions: The Act lists several exceptions to the entry offence (s 18(11)), including persons acting under the handback deed or those assisting them (s 18(11)(da), (db)). These exceptions can be broad and may create operational ambiguity unless notice and consultation requirements are followed (s 18(12), (13)).

These "gotchas" are operational and legal friction points that create compliance and strategic challenges for applicants, Crown agencies, and third parties. They arise from the Act’s overlay of customary governance with statutory controls and criminal sanctions.

Practical, source‑grounded steps that a party , whether a prospective miner, a government officer, counsel or an advisor to Maralinga Tjarutja , should take to operate within the Act’s requirements.

Determine land status and boundaries

Check whether the area of interest is within the lands described in Schedule 1 and whether any part falls within the Maralinga nuclear test site as defined in s 3 and Schedule 5. If within the test site, mining and prospecting are prohibited (s 15K(2)) and prior tenements were extinguished (Transitional Sch 1).

For mining or exploratory activities

Apply for the relevant mining tenement under the Mining Act 1971, Petroleum and Geothermal Energy Act 2000 or Opal Mining Act 1995 as appropriate.
Only after being notified by the Minister of Mines and Energy that an application under the relevant Act is acceptable to be made, lodge an application for permission to Maralinga Tjarutja’s Council in writing and include all information supplied to the Minister under s 21(3)(c).
Be ready to provide prompt further information on request from Maralinga (s 21(4)).
Send a copy of the application or further information to the Minister of Mines and Energy as soon as practicable (s 21(5)).
Budget for Maralinga’s reasonable costs in dealing with the application which Maralinga may recover as a debt (s 21(8)). Maintain careful records of payments to avoid falling foul of s 25 and s 23(4).
Avoid informal or off‑book payments to persons to obtain permission. Section 25 criminalises giving, offering or agreeing payments in connection with obtaining permission without the relevant Minister’s consent; penalties include $50,000 or 10 years’ imprisonment. If a legitimate payment or consideration is to be made to Maralinga, ensure it is framed as fair compensation under s 26 and notify the Minister of Mines and Energy within 14 days (s 26(4)).
If Maralinga refuses permission, imposes unacceptable conditions or fails to decide within 120 days, be prepared to request referral to conciliation with the Ministers and subsequently to arbitration (s 21(10)-(12)). Prepare evidence relevant to the arbitrator’s factors in s 21(19) including effects on culture, freedom of access, environmental impacts, suitability of operator, and economic significance.

For non‑mining access and other activities

Obtain written permission to enter the lands for non‑traditional‑owner activities (s 18(3)-(5)). Ensure applications state purpose, period and time/place (s 18(3)(b)(i)-(iii)).
Where applicable, provide reasonable notice to Maralinga before entry for certain authorised categories (s 18(12)).
Abide by any conditions attached to permission; breaches are criminalised with significant fines and per‑day penalties (s 18(7)-(8)).
For use of prescribed roads, comply with notice obligations under s 20(1) and observe that certain roads within Section 400 are excluded (s 20(1a)).

For road works and infrastructure

Commissioner of Highways should submit proposed plans and ancillary works to Maralinga including access roads, quarry areas and other required details (s 29(1)(a)-(e)).
If agreement is not reached, be prepared to submit disputes to arbitration under s 29(2)-(4); the arbitrator will be the same as for mining disputes (s 29(3), (4)).
For maintenance or repair of the Schedule 3 road, the consent procedures do not apply provided there is no realignment and materials are not taken from outside the road reserve (s 31).

For dealing with sacred sites and confidentiality

If Ministers determine a sacred site lies within an application area, they must provide appropriate information to the applicant and make provision for protection in tenements (s 22(2)(a)-(b)). Expect conditions restricting disclosure; non‑compliance is an offence up to $5,000 (s 22(6)).
Respect Maralinga’s register of sacred sites and its confidentiality policies (s 16(2)).

For Maralinga Tjarutja governance and reporting

Maintain required accounts, have annual audited accounts lodged with the Corporate Affairs Commission before 30 September each year and prepare an annual report where relevant for the co‑management board (s 11, s 15G).
If establishing a co‑management board, ensure regulations comply with the co‑management agreement under the National Parks and Wildlife Act and that the board has a majority of Maralinga members and a Maralinga‑nominated chair (s 15B(2)(a), (e)-(f)).
Prepare guidelines for the Maralinga nuclear test site within six months as required (s 15I(1)), publish them on the lands and explain them to traditional owners in a ministerially approved manner (s 15I(5)). Make them available for inspection and copies for a prescribed fee (s 15I(6)-(7)).

For by‑laws and regulatory compliance

If Maralinga intends to make by‑laws over regulated substances or gambling, submit them to the Minister for approval and to the Governor for confirmation; expect parliamentary disallowance mechanisms (s 43(1), (4)). Ensure any by‑law is not inconsistent with this Act or general State law (s 43(2)).
Consult the regulation‑making powers in s 44; where regulations require Maralinga’s approval or consultation, secure that approval early in policy or project design (s 44(2)-(4)). Be aware that regulations can be made that delegate determinations to a Minister or specified body (s 44(1a)(b)), which may affect procedural certainty.

Dispute readiness and evidence management

Record and preserve documentary proof of consents, applications, notices, dates and Council resolutions; documents bearing the common

Maralinga Tjarutja Land Rights Act 1984

Plain English Summary

Deep Dive

What it does

Current sections

Maralinga Tjarutja Land Rights Act 1984

Source text: opening excerpt

1 Maralinga Tjarutja Land Rights Act 1984

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