South Australian Consolidated Acts South Australian Consolidated Acts6—Powers and functions of A n angu Pitjantjatjara Yankunytjatjara
(1) The functions of A
n angu Pitjantjatjara Yankunytjatjara are as follows:
(a) to
ascertain the wishes and opinions of traditional owners in relation to the
management, use and control of the lands and to seek, where practicable, to
give effect to those wishes and opinions; and
(b) to
protect the interests of traditional owners in relation to the management, use
and control of the lands; and
(c) to
negotiate with persons desiring to use, occupy or gain access to any part of
the lands; and
(d) to
administer land vested in A n angu Pitjantjatjara Yankunytjatjara.
(2) Subject to this
section, A n angu Pitjantjatjara Yankunytjatjara has the following powers:
(a) the
power to sue and be sued; and
(b) the
power—
(i)
to grant a lease or licence, for any period it thinks
fit, in respect of any part of the lands to an A n angu or an organisation
comprised of A n angu;
(ii)
to grant a lease or licence, for a period not exceeding
fifty years, in respect of any part of the lands to an agency or
instrumentality of the Crown;
(iii)
to grant a lease or licence, for a period not exceeding
10 years, in respect of any part of the lands to any other person or body of
persons; and
(c) the
power to acquire by agreement, hold, deal in, or dispose of, land outside
the lands; and
(d) the
power to enter into contracts; and
(e) the
power to appoint and dismiss staff; and
(f) the
power to receive and disburse moneys; and
(g) the
power to obtain advice from persons who are expert in matters with which A n
angu Pitjantjatjara Yankunytjatjara is concerned; and
(h) the
power to establish offices; and
(i)
the power to make a constitution relating to—
(i)
the conduct of meetings of A n angu Pitjantjatjara
Yankunytjatjara; and
(ii)
the procedures to be followed in resolving disputes; and
(iii)
any other matter that may be necessary or expedient in
relation to the conduct or administration of the affairs of A n angu
Pitjantjatjara Yankunytjatjara; and
(j) the
power to take such other steps as may be necessary or expedient for, or
incidental to, the performance of its functions.
(3) A n angu
Pitjantjatjara Yankunytjatjara must not grant a lease or licence for a period
exceeding 5 years under subsection (2)(b)(i) or (iii) except in
accordance with a resolution made at an annual general meeting or a special
general meeting held in accordance with this Act.
(4) Subject to this or
any other Act, a lease or licence relating to the lands may only be granted by
resolution of the Executive Board.
(5) An application for
a lease or licence under subsection (2)(b)(ii) must be considered, and a
resolution made to determine the application, as soon as is reasonably
practicable after the application is received by the Executive Board.
(6) The interest of
the lessee or licensee under a lease or licence granted by A n angu
Pitjantjatjara Yankunytjatjara—
(a) must
not be mortgaged; and
(b)
subject to the conditions of the lease or licence, must not be transferred,
assigned, sublet, sublicensed or otherwise dealt with without the consent of
the Executive Board.
(7) A mortgage,
transfer, assignment, sublease, sublicence or other interest created in
contravention of this section is void and of no effect.
(8)
The Executive Board—
(a) must
not unreasonably withhold consent under subsection (6)(b); and
(b) must
not require the payment of a fee for giving such consent, or considering an
application for such consent, that exceeds the reasonable expenses of A n angu
Pitjantjatjara Yankunytjatjara in relation to that act.