South Australian Consolidated Acts South Australian Consolidated Acts16—Power to transfer lands to Trust
(1) Notwithstanding
anything in the Community Welfare Act 1972 , as amended, or any other Act
or in any regulation contained, the Governor may by proclamation transfer any
Crown lands or any lands for the time being reserved for Aborigines to the
Trust for an estate in fee simple or for such lesser estate or interest as is
vested in the Crown: Provided that no such proclamation shall be made in
respect of any land that is an Aboriginal reserve or part of any Aboriginal
reserve within the meaning of the Community Welfare Act 1972 , as
amended, and in respect of which an Aboriginal council has been established
and is in existence pursuant to regulations made under the Community Welfare
Act 1972 , as amended, without the consent of that council:
Provided further that no such proclamation shall be made in respect of any
Crown lands (not being lands at the time of the passing of this Act reserved
for Aborigines) except upon the recommendation of the Minister of Lands or the
Minister of Irrigation as the case may require and the recommendation of both
Houses of Parliament by resolution passed during the same or different
sessions of the same Parliament.
(2) Upon the making of
any such proclamation such lands shall be vested for an estate in fee simple
or, as the case may be, for such lesser estate or interest, as is vested in
the Crown free of all encumbrances in the Trust except and reserved unto Her
Majesty, Her heirs and successors, all gold, silver, copper, tin and other
metals, ore, minerals and other substances containing metal and all gems and
precious stones, coal and mineral oil in and upon any such lands and the
Governor may issue such land grants or other instruments as may be required
under any Act or law to give effect to the transfer effected by the
proclamation and that land grant or other instrument shall form part of the
records of title to land kept under the Real Property Act 1886 .
(3) Notwithstanding
the provisions of the Real Property Act 1886 , the Registrar-General
shall make such entries in the Register Book and do such other acts and things
under that Act as are necessary to give effect to the transfer.
(4) The Treasurer
shall from time to time pay to the Trust such amounts as may be appropriated
by Parliament for the purpose up to but not exceeding the amount of royalties
paid to the Crown or a Minister of the Crown in any financial year in respect
of any lease or licence, subject to this section, granted or issued under the
Mining Act 1971 or the Petroleum Act 1940 , in respect of any lands
vested in the Trust.
(5) The Trust
may—
(a) with
the consent of the Minister, sell, lease, mortgage or otherwise deal with land
vested in it pursuant to this Act; or
(b)
develop such land subject to compliance with the provisions of any Act or law
relating thereto,
as it thinks fit: Provided that neither the Trust nor any lessee or assign of
the Trust shall depasture any stock on any lands situate within the pastoral
area of the State as defined in the Pastoral Act 1936 and vested in the
Trust without the approval of, and upon such conditions (including the number
of stock to be depastured on any such land) as may be specified by the
Pastoral Board. The Minister shall not withhold his consent unless he is
satisfied that the sale, lease, mortgage or dealing fails to preserve to the
Aboriginal people of South Australia the benefits and value of the land in
question: Provided that no land vested in the Trust may be sold unless both
Houses of Parliament during the same or different sessions of any Parliament
have by resolution authorised such sale.
(6) Notwithstanding
the provisions of subsection (5) of this section, the Trust shall not
sell, lease nor in any way alienate any portion of the North-West Reserve (as
defined in the proclamation of His Excellency the Governor dated the
thirteenth day of February, 1964 as land reserved for Aborigines) from use by
Aboriginals within the meaning of the Community Welfare Act 1972 , as
amended, nor shall the Trust encumber any portion of the said Reserve unless
both Houses of Parliament during the same or different sessions of any
Parliament have by resolution authorised such alienation or encumbering.
(7) No lease or
licence granted by the Trust under subsection (5) of this section shall
be assigned nor shall any lessee or licensee sublet or part with the
possession of the land the subject thereof without the consent in writing of
the Minister first had and obtained. A lease or licence shall be forfeit upon
any breach of this provision.
(8) Subject to
subsection (9) of this section, the Mining Act 1971 and the
Petroleum Act 1940 shall, on and after the commencement of the
Aboriginal Lands Trust Act Amendment Act 1973 , not confer any right of
entry, prospecting, exploration or mining in respect of land vested in the
Trust.
(9) The Governor may
declare by proclamation that on and after the commencement of the
Aboriginal Lands Trust Act Amendment Act 1973 , the rights of entry,
prospecting, exploration or mining conferred by the Mining Act 1971 and
the Petroleum Act 1940 , shall be exercisable, subject to such conditions
and modifications (if any) as may be specified in the proclamation in relation
to land vested in the Trust or any part of that land and those conditions and
modifications shall apply and have effect accordingly and the Governor may, by
subsequent proclamation, vary or revoke any such proclamation.