Div 3Public access

Division 3—Public access 47—Rights of Aboriginal persons (1) Despite this Act or any pastoral lease granted under this Act or the repealed Act, but subject to this section, an Aboriginal person may enter, travel across or stay on pastoral land for the purpose of following the traditional pursuits of the Aboriginal people. (2) Subsection (1) does not give an Aboriginal person a right to camp— (a) within a radius of one kilometre of any house, shed or other outbuilding on pastoral land; or (b) within a radius of 500 metres of a dam or any other constructed stock watering point. (3) An ILUA in force in relation to particular pastoral land may— (a) confer a right to enter, travel across or stay on the land in addition to the rights conferred by subsection (1); or (b) remove or qualify, or make any other provision in relation to, the rights conferred by subsection (1). 48—Right to travel across and camp on pastoral land (1) Subject to this Act, a person may travel (by any means) or camp temporarily on a public access route. (2) Subject to this Act and to the terms (if any) of an ILUA relating to public access and activities on the land in force in relation to the land, a person may, on giving oral or written notice to the lessee, travel across pastoral land (otherwise than on a public access route) by any means other than a motor vehicle, a horse or a camel and, in the course of so travelling, camp temporarily on the land. (2a) A term of an ILUA may only limit a right conferred by subsection (2) to the extent reasonably necessary for the following purposes: (a) restricting public access to places identified by the native title group as being places of cultural significance; (b) preventing injury, damage or loss to any person that may arise from an activity undertaken under the ILUA or under section 47(1); (c) protecting an activity of the native title group on pastoral land the subject of the ILUA. (3) Subject to this Act, a person may, with the consent of the lessee or the Minister, travel across pastoral land (otherwise than on a public access route) by means of a motor vehicle, a horse or a camel and, in the course of so travelling, camp temporarily on the land. (4) This section does not give a person the right to camp— (a) within a radius of one kilometre of any house, shed or other outbuilding on the land; or (b) within a radius of 500 metres of a dam or any other constructed stock watering point on the land. (5) A person who proposes to travel across or camp on pastoral land in the manner referred to in subsection (3) must first seek the lessee's consent to the proposal and the lessee may refuse that consent if of the opinion that it is necessary to do so for the purposes of the safety of the public, the management of stock or the carrying out of rehabilitative work on the land or for any other good and sufficient reason. (6) If the lessee refuses to consent to a proposal under subsection (5), the person may seek the Minister's consent to the proposal. (7) The Minister may, without consulting the lessee, consent to the proposal but, if the Minister consents to the proposal without consulting the lessee, the proposal cannot be carried out until the Minister has notified the lessee that consent has been given. (8) The Minister incurs no liability by virtue of giving consent to a proposal to travel across or camp on pastoral land. (8a) A lessee must not give consent under subsection (5), or the Minister under subsection (7), to a proposal to travel across or camp on pastoral land in a manner referred to in subsection (3) if to do so would be inconsistent with the terms (if any) of an ILUA in force in relation to the land relating to public access and activities on the land. (9) For the purposes of this section, camping is temporary if it is for a period not exceeding two weeks or, if some other greater or lesser period is prescribed in respect of a particular area, that period in relation to camping in that area. (10) An authorised person may give to a person travelling across or camping on pastoral land the subject of an ILUA such directions as may be reasonably required for the purpose of giving effect to a term of an ILUA relating to one or more of the purposes referred to in subsection (2a). (11) A person who, without lawful authority or reasonable excuse, fails to comply with a direction under subsection (10) is guilty of an offence. Maximum penalty: $1 250. (12) In this section— authorised person means— (a) the lessee of pastoral land the subject of the ILUA; or (b) the native title group in relation to pastoral land the subject of the ILUA; or (c) an employee of the lessee or other person acting on the authority of the lessee. (13) In proceedings for an offence against this section, an allegation in the complaint that a person named in the complaint was on a specified date an authorised person in relation to specified pastoral land will be accepted, in the absence of proof to the contrary, as proof of the authorisation. 48A—Public register (1) The Minister must maintain a public register in relation to this Division. (2) The public register must contain— (a) details of each pastoral lease the subject of an ILUA; and (b) contact details of each lessee of pastoral land the subject of an ILUA; and (c) contact details of each native title group who is a party to an ILUA; and (d) information relating to the terms (if any) of an ILUA relating to the access of Aboriginal persons onto pastoral land the subject of an ILUA; and (e) information relating to the terms (if any) of an ILUA relating to public access onto pastoral land the subject of an ILUA. (3) The public register may be kept in the form of a computer record. (4) The public register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Minister. (5) The Minister must ensure that copies of material on the public register can be purchased for a reasonable fee at the public office, or public offices, at which the register is kept available for inspection. (6) The Minister must ensure that the public register can be inspected at a website determined by the Minister. (7) For the purposes of subsection (2)(c), a native title group does not include a person who would not, but for the operation of paragraph (c) of the definition of native title group in section 3(1), be included in the definition of native title group. 48B—Trespassers on pastoral land the subject of an ILUA (1) If— (a) a person trespasses on pastoral land the subject of an ILUA; and (b) the nature of the trespass is such as to interfere with the enjoyment of the land by the lessee or the native title group; and (c) the trespasser is asked by an authorised person to leave the land, the trespasser is, if he or she fails to leave the land forthwith or again trespasses on the land within 24 hours of being asked to leave, guilty of an offence. Maximum penalty: $2 500 or imprisonment for 6 months. (2) A person who trespasses on pastoral land the subject of an ILUA must, if asked to do so by an authorised person, give his or her name and address to the authorised person. (3) An authorised person, on asking a trespasser to leave pastoral land the subject of an ILUA or to give a name and address, must, if the trespasser so requests, inform the trespasser of— (a) the authorised person's name and address; and (b) the capacity in which the person is an authorised person under this section. (4) In this section— authorised person means— (a) the lessee of pastoral land the subject of the ILUA; or (b) the native title group in relation to pastoral land the subject of the ILUA; or (c) an employee of the lessee or other person acting on the authority of the lessee; or (d) a person acting on the written authority of the native title group; pastoral land includes a building or structure. (5) In proceedings for an offence against this section, an allegation in the complaint that a person named in the complaint was on a specified date an authorised person in relation to specified pastoral land will be accepted, in the absence of proof to the contrary, as proof of the authorisation. (6) For the purposes of subsection (4)(d), a native title group does not include a person who would not, but for the operation of paragraph (c) of the definition of native title group in section 3(1), be included in the definition of native title group. 49—Public access not to be obstructed (1) A person must not, without lawful authority, place any obstruction across a public access route or stock route. (2) If any pastoral land over which a public access route is established is fenced, the lessee— (a) must provide a gate or other means of access at the point of intersection; and (b) must keep any such gate unlocked.