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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-10-15 Daily Xml
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ANANGU PITJANTJATJARA YANKUNYTJATJARA LAND RIGHTS (PERMITS) AMENDMENT BILL

Introduction and First Reading

The Hon. J.W. WEATHERILL (Cheltenham—Minister for Environment and Conservation, Minister for Early Childhood Development, Minister for Aboriginal Affairs and Reconciliation, Minister Assisting the Premier in Cabinet Business and Public Sector Management) (15:47): Obtained leave and introduced a bill for an act to amend the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981. Read a first time.

Second Reading

The Hon. J.W. WEATHERILL (Cheltenham—Minister for Environment and Conservation, Minister for Early Childhood Development, Minister for Aboriginal Affairs and Reconciliation, Minister Assisting the Premier in Cabinet Business and Public Sector Management) (15:47): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill amends the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (the APY Land Rights Act).

The intention of the proposed amendments to the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 is to clarify and expand the groups who are exempt from applying for a permit to enter the APY Lands.

Section 19 defines unlawful entry on the (APY) lands and section 19(8) identifies those groups to which unlawful entry does not apply. This has the affect of appropriately requiring most non-Anangu, to obtain permission of the APY Executive to enter the Lands and supports the right of Anangu to control who comes onto their Lands.

The amendments to section 19(8)(b) and (ba) and (bb) make explicit that both state and commonwealth officers and public servants do not need to apply for a permit prior to entering APY lands to ensure that government can carry out its responsibilities in the interests of Anangu in areas such as health, environmental and social services.

Persons who are not employed within the public sector, for example non-government organisations and service providers are funded to carry out some functions that would otherwise be the responsibility of government. The amended section 19(8)(bc) and section 19(8)(bd) exempts those persons or groups who are authorised by the Minister to carry out a function for a Commonwealth or State Minister, a public sector department, agency or instrumentality, and those carrying out work related to infrastructure on the Lands.

Section 19 (8)(c) exempts journalists from having to obtain permission to enter the Lands. However they will only be able to enter without a permit if they are there for the purpose of genuine investigation or reporting of a matter of public interest, carry identification and comply with a code of conduct prescribed in regulation.

As with others entering the Lands, journalists will not be able to enter without a permit if they have a conviction for an offence prescribed by regulation. Further, a code of conduct will prohibit journalists from entering a sacred site, entering premises (except with the permission of the occupier) or interfering with an event, including a ceremony that takes place in accordance with Aboriginal tradition. Governments of all persuasions have long been criticised for restricting media access to the Lands for fear of public scrutiny. These provisions will enable media to have greater access to public areas of the Lands.

Section 19(8a) of the Bill will enable the Minister to seek information in relation to criminal history when considering an application for an exemption from the requirement to obtain a permit to enter the APY lands.

The Act requires that most groups exempt from the requirement to obtain permission to enter the Lands notify APY of the time, place and purpose of their proposed entry to the APY Lands. The amended Act will require these groups to endeavour to give reasonable notice recognising that it is not always possible to give substantive notice in advance. The exception to this requirement in the current Act will remain: police officers acting in the course of their official duties and those entering in case of emergency will still not be required to notify APY Executive of their entry to the Lands.

These amendments strike a careful balance between the rights of the land owners and the need for Government to carry out its responsibilities in protecting the health and wellbeing of Anangu.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981

4—Amendment of section 19—Unauthorised entry on the lands

This clause amends section 19 of the principal Act. In particular, the clause amends subsection (8) so that section 19 (which makes it an offence to enter the lands without the permission of Anangu Pitjantjatjara Yankunytjatjara) does not apply to the persons specified in the paragraphs inserted by subclause (1), in addition to those specified in current paragraphs (ca) to (f) of the subsection.

The clause inserts new subsections (8a), (8b) and (8c), which set out procedural matters in relation to authorisations granted by the Minister for the purposes of subsection (8).

The clause also inserts new subsection (9) (which requires a person proposing to enter the lands pursuant to subsection (8) to endeavour to give reasonable notice of that proposed entry to Anangu Pitjantjatjara Yankunytjatjara) and (9aa) (which exempts certain persons from having to give such notice).

The clause inserts new subsections (11), which clarifies that a reference to a police officer includes a member of the federal police, and (12), which defines terms used in the amended section 19.

5—Substitution of section 19A

This clause amends section 19A of the principal Act to reflect the changes made by clause 4 of the Bill to the list of persons specified in section 19(8).

6—Amendment of regulation 43—Regulations

This clause amends section 43 of the principal Act to include in the regulation-making powers conferred by that section the ability to adopt codes, standards and other documents by reference or incorporation. In particular, this allows the code of conduct required under proposed section 19(8)(c)(ii)(B) to be so adopted.

Debate adjourned on motion of Ms Chapman.

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