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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-07-14 Daily Xml
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APY LANDS, ROAD MAINTENANCE

192 Dr McFETRIDGE (Morphett) (21 October 2008). How is compliance monitored and enforced on outback roads, particularly in relation to the installation of traffic management signs between Umuwa and Ernabella?

The Hon. P.F. CONLON (Elder—Minister for Transport, Minister for Infrastructure, Minister for Energy): The Minister for Police has provided the following information:

The Ernabella to Umuwa Road is situated on the Anangu Pitjantjatjara Yankunytjatjara (APY) Lands which are inalienably invested in the Anangu people by virtue of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981. As such, the Ernabella to Umuwa road is not part of the State road infrastructure, as maintained by the Department for Transport, Energy and Infrastructure (DTEI). Whilst Division 6 of the above Act allows for the undertaking of road works with the consent of APY, the daily maintenance of roads on the APY Lands is carried out by AP Services based at Umuwa.

In mid-2007 a Memorandum of Understanding (MOU) was entered into by Transport SA and the Department of Aboriginal Affairs and Reconciliation (Premier and Cabinet) for road audits on the APY Lands. Under this MOU, an audit was undertaken of the Umuwa to Ernabella Road. As a result, advisory and road warning signs were erected by Transport SA.

Section 42A (2) of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 provides that both the Road Traffic Act 1961 and the Motor Vehicles Act 1959 apply to roads on the APY Lands.

The Ernabella to Umuwa Road is an unsealed road of approximately 25 kilometres. The road has no speed limit signs. Warning signs are displayed and indicate traffic direction around bends and through creek crossings. Apart from this the only signs displayed on this road indicate access roads to homeland communities.

As this road has no speed limit signs displayed, the default speed of 100 kilometres per hour is the maximum speed allowed. Notwithstanding, the road is normally in such condition that there is little likelihood of drivers travelling safely at this speed. It is still incumbent on drivers to drive with care and display reasonable consideration to other road users (section 45 of the Road Traffic Act 1961).

Police perform daily patrols of roads on the APY Lands including the Ernabella to Umuwa Road, providing a service attending to various enquiries and calls for assistance. In doing so police at times utilise various powers to stop, search and examine vehicles, sight drivers' licences, breath test drivers, inspect vehicles and take action where appropriate.

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