South Australian Consolidated Acts

MARALINGA TJARUTJA LAND RIGHTS ACT 1984 - SECT 18

18—Unauthorised entry upon the lands

        (1)         A person (not being a traditional owner) who enters the lands vested in Maralinga Tjarutja without the permission of Maralinga Tjarutja is guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (2).

        (2)         The maximum penalty for an offence against subsection (1) is—

            (a)         where the offence was committed intentionally—a fine of two thousands dollars plus five hundred dollars for each day during which the convicted person remained on the land after the unlawful entry; or

            (b)         in any other case—a fine of two hundred dollars.

        (3)         An application for permission to enter the lands—

            (a)         may be made by an applicant on behalf of himself, or on behalf of a group of persons; and

            (b)         must—

                  (i)         be in writing and lodged with the Council; and

                  (ii)         set out—

                        (A)         the purpose for which entry to the lands is sought; and

                        (B)         the period for which entry to the lands is sought; and

                        (C)         the time and place at which the applicant, or the group upon whose behalf the application is made, seeks to enter the lands.

        (4)         The applicant shall, at the request of Maralinga Tjarutja, furnish such further information as it may reasonably require to determine the application.

        (5)         Upon an application under this section, Maralinga Tjarutja may, by instrument in writing—

            (a)         grant permission to enter the lands unconditionally; or

            (b)         grant permission to enter the lands subject to such conditions as it thinks fit; or

            (c)         refuse permission to enter the lands.

        (6)         Where a group of persons is permitted to enter the lands, each member of the group is bound by the conditions (if any) subject to which the permission was granted.

        (7)         A person who contravenes or fails to comply with a condition on which he, or a group of which he is a member, was granted permission to enter the lands is guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (8).

        (8)         The maximum penalty for an offence against subsection (7) is a fine of two thousand dollars plus five hundred dollars for each day (if any) during which the convicted person was on the lands, or a particular part of the lands, in contravention of the condition.

        (9)         Maralinga Tjarutja may, upon such conditions as it thinks fit, delegate any of its powers under subsection (5) to any group of traditional owners.

        (10)         A delegation under subsection (9) is revocable at will and does not derogate from the power of Maralinga Tjarutja to act itself in any matter.

        (11)         This section does not apply to—

            (a)         a police officer acting in the course of carrying out his official duties; or

            (b)         any other officer appointed pursuant to statute acting in the course of carrying out his official duties; or

            (c)         a person acting upon the written authority of the Minister of Aboriginal Affairs, who enters the lands for the purpose of carrying out functions that have been assigned to a Minister or instrumentality of the Crown or a department of government; or

            (d)         a member of the Parliament of the State or the Commonwealth, a person who is genuinely a candidate for election as a member of the Parliament of the State or the Commonwealth, or a person who is accompanying and genuinely assisting any such member or candidate; or

            (e)         an Aboriginal person who enters the lands at the invitation of a traditional owner; or

            (f)         a person who proves to the satisfaction of the Minister that he or she carried on the business of taking rabbits on a part of the lands before it became subject to the application of this Act; or

            (g)         entry upon the lands in case of emergency; or

            (ga)         entry upon the road reserve described in Schedule 3 and the Unnamed Conservation Park; or

            (h)         entry upon the lands in pursuance of Division 4 or Division 6 of this Part.

        (12)         Where a person proposes to enter the lands in pursuance of subsection (11)(b), (c), (d) or (e), reasonable notice of the time, place and purpose of the proposed entry must be given to Maralinga Tjarutja.

        (13)         If Maralinga Tjarutja, by notice in writing to the Minister of Aboriginal Affairs, objects to an authorised person entering or remaining upon the lands, the Minister shall revoke or modify the authorisation in order to give effect to the objection unless he is satisfied that there are sufficient reasons why the authorisation should continue notwithstanding the objection.

        (14)         The Council may order that a person who has entered the lands under subsection (11)(e) leave the lands and if the person, having been notified of the order, fails to comply with the order, he shall be guilty of an offence and liable to a penalty not exceeding two thousand dollars.

        (15)         The Minister may, after consultation with Maralinga Tjarutja, impose on a person who may enter the lands under subsection (11)(f) conditions relating to his entry to, and conduct while on, the lands and if such a person, having been notified of a condition imposed under this section, contravenes or fails to comply with that condition, he shall be guilty of an offence and liable to a penalty not exceeding two thousand dollars.