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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-09-11 Daily Xml
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ABORIGINAL LANDS TRUST BILL

Introduction and First Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (13:00): Obtained leave and introduced a bill for an act to continue the Aboriginal Lands Trust; to enable the trust to acquire, hold and deal with land for the continuing benefit of Aboriginal South Australians; to repeal the Aboriginal Lands Trust Act 1966; to make related amendments to other acts; and for other purposes. Read a first time.

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (13:00): 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 represents an important reform for Aboriginal South Australians. It is the result of a review by this Government of the historic Aboriginal Lands Trust Act 1966.

Introduced by the then Attorney-General and Minister for Aboriginal Affairs, the Honourable Don Dunstan, the Aboriginal Lands Trust Act was the very first legislation in Australia to recognise the profound connection of Aboriginal people to the land and waters of this country, and to seek to redress in some way the huge losses suffered by them as a result of European settlement. It did this by giving Aboriginal people a collective, legal, right to land. It provided for the transfer of freehold title in Crown lands reserved for Aboriginal people to a statutory Aboriginal land holding body, the Aboriginal Lands Trust, for the ongoing use and benefit of Aboriginal South Australians.

In his Second Reading Speech in 1966, Don Dunstan set out the history of Aboriginal land rights in South Australia and noted that, despite the original intention of the United Kingdom Government in 1836 to ensure that the rights of Aboriginal people to the occupation and enjoyment of their land would not be affected adversely by the settlement of the new colony, this intention was not realised. Proposed measures to ensure that Aboriginal people's interests in the land would be protected, and recognised under the newly introduced system of English land rights, were never carried out. Instead, a few small areas of Crown land were set aside as 'reserved' for Aboriginal people. These were added to over time, in particular with the addition of Yalata Station on the West Coast and the Gerard Mission on the River Murray. But, as Don Dunstan said in 1966, 'no land rights comparable with those granted to many other indigenous peoples were ever ensured for the Aboriginal people of South Australia'. Indeed, this was the case for the entire country.

The Aboriginal Lands Trust Act 1966 broke new ground in Australia by establishing the Aboriginal Lands Trust, with a wholly Aboriginal membership, and provided for the transfer to this body of all Aboriginal reserve land.

The mechanism of a statutory trust was intended to provide flexibility, and to avoid the difficulties noted to have been experienced in other countries in providing for indigenous land rights, namely 'constitutional difficulties, fragmentation of title, and difficulty of calculation of inheritance'.

The Act anticipated the formal constitution of councils on the reserve lands, and that the membership of the new Trust board would not only be drawn from those councils but that the Trust would also negotiate with them about the development of their respective lands.

The Trust was to be funded by the Government, and as such its performance would be subject to public scrutiny.

The Trust could exercise its discretion in using and developing its lands, but it was required to obtain the consent of the Minister to sell, lease, or mortgage any land—although the Minister must give consent if satisfied that 'the benefits and value of the land being alienated are being preserved to the Aboriginal people so that the purposes of the trust are carried out.' Any sale of Trust land would also require the approval of both Houses of Parliament.

An aspect of the Act highlighted as very significant in 1966 is the provision that the Mining Act and the Petroleum Act do not apply to Trust land. The aim was to give Aboriginal people pre-eminent mineral rights over land held by them, in line with indigenous people under land rights in other parts of the world—to provide Aboriginal communities with a means for economic development; to go some way to compensating Aboriginal people for the loss of their land upon settlement; and to give them some control over, and a say in the use of their land for mineral exploitation. However, the provision was amended during the passage of the original ALT Bill through Parliament to give the Governor power to override this right by making a special proclamation in relation to particular Trust land.

Today, the Aboriginal Lands Trust owns over half a million hectares of land, valued at approximately $60 million, dispersed across various metropolitan, urban, regional and remote areas of the State.

But after 46 years of operation the Act is now in need of fundamental change to reflect the contemporary circumstances and aspirations of Aboriginal South Australians, and to better enable the Trust to deal with the significant challenges of owning and managing this land.

There have been significant changes to both the scope and diversity of Aboriginal land ownership, and the rights and responsibilities of land owners generally, since the Act was introduced.

The competing needs of community residents, Aboriginal people with a historical or traditional connection with land, and native title claimants and holders are not being met by the current legislative scheme. At the same time, Aboriginal community organisations are now facing much higher expectations from their own members and from Government for accountability, stability and good administrative practice.

New legislation is required to guarantee all stakeholders the right to be consulted and involved in decisions regarding development, leasing, licensing or other land dealings.

The current Act lacks the clear objects, structures and administrative mechanisms to enable the Trust to develop its capacity to meet the changing demands of successful land management.

Given the nature of the ALT estate and the importance of it to Aboriginal people of South Australia, particularly those living on ALT land, there is a need for a modern Trust body whose functions and powers are clearly defined, and with the ability and power to identify and develop opportunities for both cost recovery for Trust operations and to improve the economic well-being of Aboriginal communities.

This Bill represents a major reform of the structure and focus of the Trust and its relationship with Government.

The proposed legislation is designed to continue the Aboriginal Lands Trust (the Trust) as a statutory trust holding land for the benefit of Aboriginal South Australians. Its objects are clear—to enable the Trust to acquire, hold and deal with Trust Land for the continuing benefit of Aboriginal South Australians; and to ensure the efficient and effective administration, management and development of Trust Land in a way that involves proper consultation with Aboriginal people with an interest in the land and that increases opportunities for economic development on Trust Land.

The Bill proposes a new, more independent, skills-based Trust body, and supports sound land management, long term planning and decision making, community responsibility and economic development.

The role of the Trust will be the efficient management of its freehold estate, including the setting of relevant policy; the provision of expert advice to communities; leadership in land management projects; and consultation on land management decisions and dealings with all Aboriginal groups with a connection to the relevant land.

The aim is to increase the participation of Aboriginal people with an interest in ALT lands in the management and development of the ALT estate. This will contribute to South Australia's Strategic Plan, which recognises that land and cultural heritage are assets that can be used to improve Aboriginal well-being and to assist in 'closing the gap'.

The structure of the Trust pursuant to current legislation has been representative of some ALT communities and there have been concerns expressed by other communities that they have not been able to speak for their country when decisions have been made about their land. There has also been no requirement for the Trust board to possess a skills or knowledge base which would enable it to assist communities with the technical aspects of land management such as preparation of funding applications, commercial negotiations, contract administration and insurance.

The proposed new Trust will comprise eight (8) members, being Aboriginal persons who collectively have, in the opinion of the Minister, knowledge, skills and experience in, among other capabilities, corporate governance, property management and development, commercial enterprise development, natural resource management and Aboriginal community life and culture. A newly constituted Trust will be supported by a Commercial Development Advisory Committee (CDAC) nominated by the Trust and appointed by the Minister.

The proposed structure will require the Trust to ensure that all Aboriginal groups, commensurate with their interest in the land, will have input into decisions about the use and management of the land.

The new Trust will have clear functions, providing it with a mandate for leadership and responsibility for all primary decisions about the use and management of Trust land. The Trust's decision-making will be informed by guiding principles set out in the Act and supported, where required, by advice from the CDAC. The Minister will be able to direct the Trust only in limited circumstances, but where it is warranted in the interests of the State and the beneficiaries of the Trust, namely Aboriginal South Australians, i.e. where there is a clear risk of the Trust becoming insolvent or there has been a failure by the Trust to comply with the requirements of the Act. Any such direction must be the subject of a report to Parliament.

A consequence of the current legislative and administrative arrangements is that there is considerable inaccuracy in the land holding and uncertainty about current rights and interests in land. The Bill requires that all ALT lands be subjected to a 'good order audit' so that the Trust and all Aboriginal people have a clear and accurate record of its landholdings and all legal interests in them, and can work more effectively to manage them. The Bill also requires the Trust to keep an up-to-date land Register.

These measures, together with the CDAC and the various statutory obligations for good financial management, are intended to ensure more efficient, productive and beneficial use of ALT land.

Significantly, the current requirement for ministerial consent to dealings in land will be removed. This requirement has proven to be administratively cumbersome and inefficient, but has also inhibited the ability of the Trust board to develop its capacity and skills in both policy and operational matters as fully as it might if given more scope. Under the new legislation, the Trust will have full control over the use and management of land vested in it through its ability to deal with the land generally and, in particular, its power to grant leases and licences for any purpose and on any conditions that the Trust deems appropriate. It is expected that this will include long term residential and community leases and shorter term commercial leases. This will be subject only to the usual checks and balances applying to a Government funded statutory authority.

An example of the way that the Trust is already working to maximise the commercial value of ALT land in a way that also protects and enhances its cultural values is the Head of the Bight Whale Watch Centre. The site is located within the ALT's most substantial tract of land of the Far West Coast, which also includes the community of Yalata. The Whale Watch Centre is operated as a cultural and eco tourism business under agreement between the ALT, the Indigenous Land Corporation, and management company Maralinga Tjarutja Services Pty Ltd. After investing in significant infrastructure upgrades and innovations in the past couple of years, the business is now making a good profit, and upwards of 30,000 tourists visited the site last year to see whales, other unique and rare flora and fauna and to experience a part of the country rich in Aboriginal dreaming stories. The Bill is aimed at paving the way for more investment activities and commercial ventures that will make the most of ALT land for the ultimate, long-term benefit of Aboriginal South Australians.

A clear and important change in the social, political and legal landscape in Australia since the enactment of the ALT Act is the advent of native title law. Importantly, the proposed new ALT legislation does not diminish the rights of Aboriginal interests in the land under the Native Title Act 1993. The ALT Act has special status under that Act. Land vested in the Trust under the ALT Act is 'Aboriginal land and Torres Strait Islander land' in that it is held by and for the benefit of Aboriginal people. This means that the usual 'future act' processes under the Native Title Act do not apply to acts done in relation to this land. In effect, native title is not extinguished but is 'suppressed' so long as the land remains held by the Trust. However, should any land be transferred out of that holding, native title will revive, and the associated effects of that transfer on native title rights and interests will need to be addressed. The Bill contemplates this by requiring that any such transfer must be in accordance with any relevant requirement under the Native Title Act.

It is worthy of note that South Australia is the only State in Australia whose land rights legislation—the Aboriginal Lands Trust Act 1966, the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981, and the Maralinga Tjarutja Land Rights Act 1984—create statutory land holdings with the designation of 'Aboriginal and Torres Strait Islander land', because it means that there are legal implications in dealing with such land that do not necessarily apply in other states. This places the Trust in a special position of custodianship and responsibility for all the various cultural, historical and economic interests of Aboriginal people in ALT land, and the Bill is intended to better equip it and support it in this role.

This role of custodianship leads back to the important issue of mining. As mentioned, giving the Trust some responsibility and control over access to its land for mining purposes was a very significant element of the ALT Bill as originally introduced to the Parliament in 1966. Ultimately this right was diluted to some extent in the resulting Act, which is also silent as to the need for consultation by the Trust with ALT communities about access or conditions on mining on ALT land.

This Bill proposes a clear process for decisions about mining activity, based on the principle that the Trust as legal owner, and those Aboriginal people with interests in the relevant land as beneficiaries, should, as far as possible, be in the same position as landowners and people holding interests in the APY and MT lands. Hence the Bill provides that any proposals for mining must not only comply with the processes required by relevant Mining Acts but that permission for access must be sought from the Trust. The Trust is obliged to consult with the relevant Aboriginal people before determining an application for permission, and give notice of its response to the applicant and the Minister. The Trust may also make submissions as to conditions on which the mining authority should be granted. In the case of any dispute, the Minister must appoint an arbitrator to hear and decide the matter. Any separate native title rights to negotiate are not displaced by these provisions.

The Bill further provides that wherever royalties in relation to mining operations on ALT land are paid to the Crown, one third will be retained by the Crown while the Treasurer is to pay an amount to the Trust equal to two thirds of the total royalty, subject to a cap being prescribed to ensure the scheme is adaptable to different possible mining outcomes in the State. The Trust must apply half of the amount it receives towards improving the ALT land to which the payment relates or for the benefit of the community living there. It may use the other half to assist with the resourcing of ALT operations generally.

In conclusion, this Bill represents an important and very practical step forward for this State in its journey towards reconciliation and capacity building for Aboriginal South Australians. The Aboriginal Lands Trust is not just a historic relic of our earlier attempts to repair the damaging results of colonialism and racism. If properly modernised and revitalised in the way this Bill provides, it will be a potentially useful and increasingly valuable asset for our Aboriginal population—a means to better empower Aboriginal people to protect and improve their own cultural well-being and economic security.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines key terms used in this measure.

4—Interaction between this Act and certain other Acts and laws

This clause clarifies the relationship between this measure and other Acts or laws, and, in particular, that—

(a) this measure prevails in terms of any inconsistency with the Real Property Act 1886; and

(b) Trust Land will, despite restrictions on entry, be taken to be a public place; and

(c) the Road Traffic Act 1961, the Motor Vehicles Act 1959 and the Australian Road Rules apply to roads on Trust Land.

5—Objects

This clause sets out the objects of the measure.

6—Principles

This clause sets out principles to be applied in relation to the operation and administration of the measure.

7—Power of delegation

This clause enables the Minister to delegate a function or power under the measure in accordance with the clause.

8—Consultation

This clause sets out how consultation is to be conducted if the consultation is to be conducted in accordance with this proposed section.

Part 2—The Aboriginal Lands Trust

Division 1—The Trust

9—Continuation of Trust

This clause continues the Trust in existence on commencement of the measure.

10—Expressions of interest

This clause requires the Minister to call for expressions in respect of appointments to the Trust, and requires the Minister to determine and publish a scheme for that purpose.

11—Selection panel

This clause allows the Minister to set up a selection panel to recommend Aboriginal persons for appointment to the Trust. The clause sets out procedural matters in respect of the panel.

12—Composition of Trust

This clause sets out the composition of the Trust, which will set the number of members at 8 (it is an indeterminate number under the repealed Act). The clause requires all members to be Aboriginal, and sets out the qualities that, collectively, the Trust members must possess.

13—Presiding member and deputy presiding member

This clause requires the Minister to appoint a presiding and deputy presiding member.

14—Conditions of membership

This clause sets out the conditions of membership for the Trust members. In particular, a member cannot hold office for more than 9 consecutive years.

15—Allowances and expenses

This clause provides that members of the Trust are entitled to fees, allowances and expenses approved by the Governor.

16—Validity of acts

This clause provides that an act or proceeding of the Trust is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

17—Functions of Trust

This clause sets out the functions of the Trust.

18—Committees

This clause enables the Trust to establish committees, and sets out procedural provisions for same.

19—Power of delegation

This clause enables the Trust to delegate a function or power under the measure in accordance with the clause.

20—Trust's procedures

This clause sets out procedures to be followed by the Trust in respect of its business.

21—Trust Fund and Trust monies

This clause requires the Trust to deposit all moneys received into a specified bank account. The clause also sets out how monies held by the Trust can be applied (including by requiring certain amounts to be spent on Trust land to which the moneys relate).

22—Accounts and audit

This clause requires the Trust to keep proper accounting records and be audited annually by the Auditor-General.

23—Annual report

This clause requires the Trust to prepare and deliver an annual report, and sets out what the report must contain.

24—Minister may require Trust to provide report

This clause enables the Minister to require the Trust to prepare and provide him or her with a report in relation to certain matters.

Division 2—Chief Executive and other staff

25—Chief Executive

This clause creates the position of Chief Executive of the Trust, to be appointed by the Trust. The clause also allows Aboriginal people to be preferred for the position, despite the provisions of the Equal Opportunity Act 1984.

26—Functions of Chief Executive

This clause sets out the functions of the Chief Executive.

27—Staff of Trust

This clause provides that the Trust will employ its own staff.

28—Use of facilities

This clause provides the Trust may make use of the services or staff of an administrative unit with the agreement of the relevant Minister.

Division 3—Direction and suspension of Trust

29—Minister may direct Trust to take certain action etc

This clause enables the Minister to direct the Trust to take particular action in the circumstances set out in the clause. The clause sets out procedural matters in relation to the giving of such directions.

30—Minister may suspend Trust in certain circumstances

This clause enables the Minister to suspend the Trust for a specified period in the face of non-compliance with requirements under section 24 or 29 of the measure, and following the conditions precedent set out in subclause (2). The clause also enables the Minister to appoint an administrator to administer the Trust during any period of the Trust's suspension.

31—Use of facilities

This clause provides that an administrator appointed under clause 30 may make use of the services or staff of an administrative unit with the agreement of the relevant Minister.

32—Offence

This clause creates an offence for a person to hinder etc an administrator, or to falsely that he or she is assisting an administrator in the exercise of powers or functions under this measure.

Part 3—Commercial Development Advisory Committee

33—Commercial Development Advisory Committee

This clause enables the Minister to establish the Commercial Development Advisory Committee.

34—Presiding member

This clause requires the Minister to appoint a presiding member of the Commercial Development Advisory Committee.

35—Conditions of membership

This clause sets out the conditions of membership for the members of the Commercial Development Advisory Committee. In particular, a member cannot hold office for more than 9 consecutive years.

36—Allowances and expenses

This clause provides that members of the Commercial Development Advisory Committee are entitled to fees, allowances and expenses approved by the Minister.

37—Validity of acts

This clause provides that an act or proceeding of the Commercial Development Advisory Committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

38—Functions of Commercial Development Advisory Committee

This clause sets out the functions of the Commercial Development Advisory Committee.

39—Procedures of Commercial Development Advisory Committee

This clause sets out procedures to be followed by the Commercial Development Advisory Committee in respect of its business.

40—Use of facilities

This clause provides that the Commercial Development Advisory Committee may make use of the services or staff of an administrative unit with the agreement of the relevant Minister.

Part 4—Trust Land

Division 1—Acquiring Trust Land

41—Transfer of certain land to Trust

This clause provides that unalienated Crown land, and land owned by a Minister, may be transferred to the Trust in accordance with a resolution of both Houses of Parliament.

42—Register of Trust Land

This clause requires the Trust to keep and maintain a register of all Trust Land containing the information required by the regulations.

Division 2—Dealing with Trust Land

43—Inalienability of Trust Land

This clause provides that Trust Land is inalienable.

44—Dealing with Trust Land

This clause sets out how and when the Trust may deal with Trust Land, including when and how the Trust can dispose of Trust Land. The clause further prevents sub-interests in Trust Land from being created except with the consent of the Trust.

Division 3—Trust may appoint person to manage Trust Land

45—Trust may appoint person or body to manage Trust Land

This clause enables the Trust to appoint a manager of particular Trust land (being leased land where the lease is granted for the benefit of a particular Aboriginal community), who will stand in the shoes of the lessee in respect of the management of the relevant land. The clause also makes procedural provision for same.

46—Manager may direct lessee

This clause provides that a manager appointed under clause 45 may direct the lessee of the relevant Trust Land and other persons to report to the manager in respect of matters relating to the management of the land.

47—Offences

This clause creates an offence for a person to hinder etc a manager of Trust Land, or to falsely that he or she is assisting a manager in the exercise of powers or functions under this measure.

Part 5—Commercial and other activities of Trust

48—Trust may enter into commercial transactions etc as it thinks fit

This clause provides that the Trust may enter into such commercial or other transactions as it thinks fit (not being transactions involving Trust Land as contemplated by Part 4), however the Trust will need the approval of the Minister to enter a transaction with a value exceeding an amount to be prescribed by regulation.

Part 6—Regulation of liquor and other substances on Trust Land

49—Regulations may prohibit consumption etc of regulated substances on Trust Land

This clause confers a regulation making power on the Governor, who may make regulations in relation to the use and possession of substances including petrol and liquor on Trust Land. The clause preserves the existing powers of police officers in the repealed Act.

50—Application of the Public Intoxication Act 1984 to certain Trust Land

This clause extends the operation of the Public Intoxication Act 1984 to certain Trust Land specified by proclamation under the clause.

Part 7—Mining operations etc on Trust Land

51—Interpretation

This clause defines key terms used in Part 7.

52—Interaction between this Act and mining Acts

This clause clarifies the relationship between the Mining Acts (as defined in clause 51) and the measure. In particular, mining authorities may only be granted to a person who has obtained permission under proposed section 53 to carry out the relevant activities on the relevant Trust Land.

53—Permission required to carrying out mining operations etc on Trust Land

This clause establishes an offence for a person to carry out mining activities on Trust Land, or entering Trust Land for that purpose, without the permission of the Trust. The maximum penalty is a fine of $120,000.

The clause sets out how permission is to be obtained from the Trust, and makes procedural provision in respect of applications for such permission.

54—Arbitration

This clause provides for arbitration of certain applications under proposed section 53.

55—Royalty

This clause requires the Treasurer to pay to the Trust an amount (not exceeding a prescribed limit) equal to two thirds of the total royalty paid under a mining Act that relates to mining operations or regulated activities on Trust Land.

56—Certain payments or other consideration to Trust must represent fair compensation

This clause requires certain payments made or consideration given to the Trust in respect of mining operations or regulated activities on Trust Land to be proportionate to the disturbance the operations or activities cause to the land, and its occupants. A person who makes such a payment or gives such consideration is required to notify the Minister of the quantum of the payment or consideration, and the terms of any relevant agreement.

Part 8—Delivery of services under Local Government Act 1999 and Outback Communities (Administration and Management) Act 2009

57—Trust to liaise with councils etc

This clause requires the Trust to liaise with local councils, or the Outback Communities Authority, (as the case requires) in respect of the provision of services etc on Trust Land, and requires leases granted under the measure contain provisions granting access to those bodies.

Part 9—Dispute resolution

58—Conciliator

This clause creates the position of conciliator for the purposes of the measure.

59—Dispute resolution by conciliator

This clause establishes a dispute resolution process for Aboriginal persons aggrieved by a decision of the Trust relating to Trust land on which the person lives, or has responsibility for.

60—Order compelling compliance with direction of conciliator

This clause enables a party to a conciliation process under proposed section 59 to seek an order from the District Court compelling a person or body to comply with a direction of the conciliator.

Part 10—Miscellaneous

61—Exemption from stamp duty

This clause provides that stamp duty is not payable in respect of an instrument comprising, or relating to the conveyance or transfer of, or the creation of any other interest in or over, Trust Land.

62—Liability of directors

This clause provides that where a body corporate is guilty of an offence against proposed section 53 (i.e., mining etc without permission) then each member of the governing body of the body corporate is guilty of the offence unless the member proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.

63—General defence

This clause confers a general defence on a person charged with an offence under the measure, other than an offence under section 53 (i.e., mining etc without permission).

64—Confidentiality

This clause creates an offence for a person to divulge or communicate certain confidential information, except as permitted under the clause.

65—Service

This clause sets out how notices or documents under the measure are to be served on a person or body.

66—Evidentiary provision

This clause sets out evidentiary provisions as to how the matters identified in the clause may be proved in legal proceedings.

67—Review of Trust Land

This clause requires the Minister to conduct a review of Trust land for the purposes of identifying and recording all Trust Land, and any easements and encumbrances on the those lands.

68—Regulations

This clause is a standard regulation-making power.

Schedule 1—Related amendments, repeals and transitional provisions

Part 1—Preliminary

1—Amendment provisions

This clause is formal.

Part 2—Amendment of Aboriginal Heritage Act 1988

2—Amendment of section 45—Commencement of prosecutions

This clause makes a related amendment to a reference in the principal Act.

Part 3—Amendment of Aboriginal Lands Parliamentary Standing Committee Act 2003

3—Amendment of section 3—Interpretation

4—Amendment of section 6—Functions of Committee

These clauses make related amendments to references in the principal Act.

Part 4—Amendment of Real Property Act 1886

5—Substitution of section 6

This clause updates and clarifies the wording of section 6 of the principal Act.

Part 5—Repeal of Aboriginal Lands Trust Act 1966

6—Repeal of Act

This clause repeals the Aboriginal Lands Trust Act 1966.

Part 6—Transitional provisions

7—Offices of Trust vacated on commencement of Act

This clause vacates the offices of members of the Trust, allowing new appointments to reflect the changes made to numbers and skills etc of members under the measure.

8—Transfer of employment of Trust staff

This clause transitions staff employed by the employing authority under the repealed Act into the employment of the Trust.

9—Appointment of managers of Trust Land under repealed Act to continue

This clause continues the appointment of managers appointed under section 16AA of the repealed Act as if they were appointed under the measure.

10—Continuation of leases and licences

This clause continues leases or licences granted under the repealed Act in accordance with their terms.

11—Transitional provision for purposes of section 49

A requirement of recommendation or consultation under proposed section 49 does not apply in relation to the first regulations made under that section to the extent that the regulations are substantially the same as the Aboriginal Lands Trust (Umoona Community) Regulations 2007 or the Aboriginal Lands Trust (Yalata Reserve) Regulations 2005.

12—Transitional provisions for purposes of section 50

This clause continues the appointments of authorised officers (in respect of the Public Intoxication Act 1984) under the repealed Act as if they were appointments under this measure. It similarly continues proclamations prescribing certain Trust land for the purposes of that Act.

13—Transitional provision—mining

This clause continues existing or purported mining authorities granted over Trust Land and in force on the commencement of the proposed clause, and modifies the permission requirements in respect of those mining authorities until they are renewed under the relevant mining Act.

Debate adjourned on motion of Hon. D.W. Ridgway.

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