South Australian Consolidated Acts

ANANGU PITJANTJATJARA YANKUNYTJATJARA LAND RIGHTS ACT 1981 - SECT 32

32—Proposals to carry out road works and arbitration of disputes

        (1)         Where the Commissioner of Highways desires to carry out road works on the lands, he shall submit to A n angu Pitjantjatjara Yankunytjatjara proposals containing—

            (a)         a plan describing the land on which the road works are to be carried out; and

            (b)         a description of all ancillary or associated works that are to be carried out and of the areas in which those ancillary or associated works are to be carried out; and

            (c)         a description of the access roads to be used for the purpose of the road works, or the ancillary or associated works; and

            (d)         a general description of the areas in which gravel or stone is to be quarried for the purpose of the road works; and

            (e)         such other information as A n angu Pitjantjatjara Yankunytjatjara may reasonably require.

        (2)         If the Commissioner and A n angu Pitjantjatjara Yankunytjatjara are unable to agree on the proposals, or on some modified form of the proposals, the Commissioner may submit the differences to arbitration.

        (3)         The arbitrator shall be the arbitrator appointed in pursuance of section 20.

        (4)         The arbitrator is empowered to determine any matter in dispute and his determination shall be binding on the Commissioner and on A n angu Pitjantjatjara Yankunytjatjara.

        (5)         No compensation is payable to A n angu Pitjantjatjara Yankunytjatjara in respect of loss or damage arising from road works where those road works are carried out in relation to the roads referred to in Schedule 2 and in accordance with conditions agreed by A n angu Pitjantjatjara Yankunytjatjara and the Commissioner, or determined by the arbitrator.

        (6)         For the purposes of this section, the document entitled "Proposal for the Establishment of a Road Construction Corridor and the Construction of the new Stuart Highway" executed by the Commissioner of Highways and the Pitjantjatjara Council Incorporated, deposited in the General Registry Office and numbered 2293 of 1980, shall be deemed to constitute proposals agreed upon by A n angu Pitjantjatjara Yankunytjatjara and the Commissioner.