ANANGU PITJANTJATJARA YANKUNYTJATJARA LAND RIGHTS ACT 1981 - SECT 19

ANANGU PITJANTJATJARA YANKUNYTJATJARA LAND RIGHTS ACT 1981 - SECT 19

19—Unauthorised entry on lands

        (1)         A person (not being an A n angu) who enters the lands without the permission of A n angu Pitjantjatjara Yankunytjatjara 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 thousand 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 the applicant's own behalf, or on behalf of a group of persons; and

            (b)         must, unless the Executive Board otherwise allows—

                  (i)         be in writing and lodged with the Executive Board; and

                  (ii)         set out—

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

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

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

                  (iii)         be accompanied by the prescribed application fee.

        (4)         The applicant shall, at the request of A n angu Pitjantjatjara Yankunytjatjara, furnish such further information as it may reasonably require to determine the application.

        (5)         Upon an application under this section, A n angu Pitjantjatjara Yankunytjatjara 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.

        (5a)         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.

        (5b)         A person who contravenes or fails to comply with a condition on which the person, or a group of which the person 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 (5c).

        (5c)         The maximum penalty for an offence against subsection (5b) is a fine of $2 000 plus $500 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.

        (8)         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

            (ba)         the Electoral Commissioner acting in relation to an election being conducted, or to be conducted, under section 9; or

            (bb)         a person performing a function under the Independent Commission Against Corruption Act 2012 ; or

            (c)         a person acting upon the written authority of the Minister, who enters the lands for the purpose of carrying out functions that have been assigned to a Minister or instrumentality of the Crown or an administrative unit of the Public Service; or

            (ca)         an employee of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act, or another person authorised by the Minister, acting on behalf of the Minister under section 13N; 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

            (da)         a person assisting a person referred to in any of the preceding paragraphs; or

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

            (f)         entry upon the lands in pursuance of Division 3, Division 4 or Division 6 of this Part.

        (9)         Where a person proposes to enter the lands in pursuance of subsection (8)(b), (ba), (c) or (d) reasonable notice of the time, place and purpose of the proposed entry must be given to A n angu Pitjantjatjara Yankunytjatjara.

        (9a)         A person who, being entitled to enter upon part only of the lands in pursuance of Division 3, Division 4 or Division 6 of this Part, enters upon some other part of the lands without the permission of A n angu Pitjantjatjara Yankunytjatjara acts in contravention of subsection (1).

        (10)         If A n angu Pitjantjatjara Yankunytjatjara, by notice in writing to the Minister, 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.