South Australian Consolidated Acts South Australian Consolidated Acts15—The Governor may grant certain land, in fee simple, to A n angu
Pitjantjatjara Yankunytjatjara
(1) The Governor may
issue a land grant, in fee simple, of the whole or any part of the lands to A
n angu Pitjantjatjara Yankunytjatjara.
(2) The Governor shall
not exercise his powers under subsection (1) in relation to land (not
being land comprised in Granite Downs Station) unless all persons with a legal
or equitable estate or interest in the land have surrendered, or agreed to
surrender, their respective interests.
(3) Where the Governor
exercises his powers under subsection (1) to grant land comprised in
Granite Downs Station to A n angu Pitjantjatjara Yankunytjatjara, the
following provisions shall apply:
(a) any
pastoral lease then in force in relation to that land shall, subject to its
terms and the provisions of the Pastoral Act 1936 , continue in force as
if A n angu Pitjantjatjara Yankunytjatjara had leased the land to the Crown
and the Crown had sub-leased it to the lessee; and
(b) upon
surrender or expiration of the lease, the lease shall not be renewed, and the
land shall not be re-let by the Crown; and
(c) the
lessee shall be entitled to compensation from the Crown for diminution in the
value of the lease resulting from the operation of paragraph (b) (but
compensation to which the lessee is entitled under this paragraph shall be
calculated as if the land were unimproved); and
(d) the
lessee shall, upon surrender or expiration of the lease, be entitled to
compensation from A n angu Pitjantjatjara Yankunytjatjara for the improvements
upon the land determined as if the land had remained pastoral lands and had
been re-let under the Pastoral Act 1936 , to A n angu Pitjantjatjara
Yankunytjatjara on the date of the surrender or expiry of the lease.
(4) The compensation
payable under subsection (3)(c) or (d) shall be determined by agreement,
or in default of agreement, by the Land and Valuation Court.