South Australian Consolidated Acts South Australian Consolidated Acts28—Annual licences and incidental rights for Mintabie residents
(1) The defined area
shall be deemed to have been leased by A n angu Pitjantjatjara Yankunytjatjara
to the Crown for a term of twenty-one years commencing on the date of
commencement of this Act.
(2) The Minister of
Lands may, upon the application of a Mintabie resident, issue or renew an
annual licence entitling him, subject to the terms and conditions of the
licence, to occupy land within the defined area, but no such licence shall
operate after the expiration of the period referred to in subsection (1).
(3) The annual rental
payable under a licence issued under subsection (2) shall be twenty
dollars or such other amount as may be determined by the Minister of Lands,
and in determining any such annual rental he shall have regard to, and
generally follow, the rates of rental fixed by the Crown in respect of annual
licences issued in comparable situations.
(4) Once in each year,
the Minister of Lands shall pay to A n angu Pitjantjatjara Yankunytjatjara all
amounts collected during the preceding period of twelve months by way of
annual rental under licences issued in pursuance of this section.
(5) The Minister of
Lands shall not issue a licence under this section to a person who is, by
order of a court, prohibited from entering or remaining on the Mintabie
precious stones field, and, if such an order is made against a licensee, the
Minister shall revoke his licence.
(6) A annual licence
issued under this section is not transferable nor may any of the rights
conferred by the licence be assigned.
(7) The Minister of
Lands shall, as soon as practicable after issuing a licence under this
section, notify A n angu Pitjantjatjara Yankunytjatjara of—
(a) the
name of the licensee; and
(b) the
land to which the licence relates.
(8) A
Mintabie resident shall be entitled, without permission under this Act, to use
and maintain the airfield adjacent to the defined area as an airfield, and to
have such access to the lands as is reasonably necessary for the purpose.
(9) A
Mintabie resident shall be entitled, without permission under this Act—
(a) to
use and maintain the bore and water distribution system by which water is
provided on the Mintabie precious stones field; and
(b) to
drill a further bore or bores (either in addition to or in substitution for
the present bore) on a site to be agreed with A n angu Pitjantjatjara
Yankunytjatjara (which agreement shall not be unreasonably or capriciously
withheld) and to install and maintain such pumps, pipes and other equipment as
may be necessary to connect it to the water distribution system, and to have
such access to the lands as is necessary for those purposes.
(10) In this
section—
"the defined area" means section 1291 Out of Hundreds (Everard).
(11) This section
shall cease to operate in the event of the Mintabie precious stones field
ceasing to be a precious stones field for the purposes of the
Mining Act 1971 .