Aboriginal Lands Trust Act 2013

This Act may be cited as the Aboriginal Lands Trust

Act 2013.

In this Act—

Aboriginal Lands Trust or

Trust means the Aboriginal Lands Trust constituted under the repealed Act and continued in existence under section 9;

administrator means an administrator appointed under section 30;

Chief Executive, of the Trust, means the Chief

Executive from time to time appointed under section 25;

Commercial Development Advisory Committee means the Commercial Development Advisory Committee established under section 33;

conciliator means the conciliator for the purposes of this Act appointed under section 58;

deal with Trust Land—see subsection (3);

determination of native title has the same meaning as in the Native Title

Act 1993 of the Commonwealth;

manager of Trust Land means a person or body appointed as the manager of the relevant Trust Land under section 45;

native title holder, in respect of particular

Trust Land, means a native title holder in respect of the Trust Land within the meaning of the Native Title (South

Australia) Act 1994;

Register means the Register kept in accordance with section 42;

repealed Act means the

Aboriginal Lands Trust

Act 1966;

representative body has the same meaning as in the Native Title

Act 1993 of the Commonwealth;

Trust Fund means the fund established for the purposes of section 21;

Trust Land means—

any land currently owned by the Trust that was Trust Land within the meaning of the repealed Act (as in force immediately before the commencement of this section); and

any land transferred to the Trust pursuant to section 41; and

any other land owned by the Trust that is declared by the regulations to be Trust Land, but does not include land declared by the regulations not to be

Trust Land.

Unless the contrary intention appears, a reference in this Act to

Trust Land will be taken to include a reference to a part of Trust

Land.

For the purposes of this Act, to deal with Trust

Land means—

to transfer or grant the fee simple of the Trust Land;

or

to grant a lease over the Trust Land; or

to mortgage the Trust Land; or

to grant a licence in relation to the Trust Land; or

to create other interests in or over the Trust Land of a kind declared by the regulations to be included in the ambit of this subsection, in accordance with this Act (and a dealing with

Trust Land has a corresponding meaning).

If the provisions of this Act are inconsistent with the

Real Property

Act 1886, this Act prevails to the extent of the inconsistency.

For the purpose of determining whether particular Trust Land is a public place within the meaning of some other Act or law, any restrictions under this Act in respect of accessing the Trust Land will be disregarded.

For the purposes of the Road

Traffic Act 1961, the Motor Vehicles Act 1959 or the

Australian Road

Rules, a reference in those Acts or Rules to a road will be taken to include a reference to any road on Trust

Land.

The objects of this Act include—

enabling the Trust to acquire, hold and deal with Trust Land in accordance with this Act for the continuing benefit of Aboriginal South

Australians; and

ensuring that Trust Land is not alienated except in accordance with this Act; and

establishing mechanisms for the efficient and effective administration of the Trust; and

providing for the efficient and effective management and development of Trust Land; and

ensuring Aboriginal people with an interest in particular Trust

Land are consulted, and their views considered, in any decisions relating to that Trust Land; and

increasing opportunities for economic development on Trust

Land.

The following principles apply in relation to the operation and administration of this Act:

Aboriginal interests in Trust Land should be accounted for and reflected in any decision‑making relating to the Trust

Land;

Aboriginal and other people with an interest in Trust Land are entitled to be consulted in respect of decisions under the Act that may affect them;

Aboriginal people with interests in Trust Land are entitled to improve their economic well‑being through the management and development of the Trust Land in accordance with this Act;

the Trust and Trust Land should, where appropriate, be administered, managed and developed in a way that strengthens the relationships between Aboriginal communities and the Trust;

the Trust and Trust Land should be administered, managed and developed in a way that strengthens Aboriginal communities and enables them to widen their regional involvement;

Trust Land should be managed and developed in a way that preserves and protects Aboriginal heritage in accordance with the

Aboriginal Heritage

Act 1988 and any other relevant Act or law;

the Trust should be administered in a way that complies with appropriate standards of good governance, transparency and financial accountability;

Trust Land should, where appropriate, be administered, managed and developed in a way that achieves improved environmental outcomes on the Trust

Land, including through the adoption of good natural resources management practices;

Trust Land should be administered, managed and developed in a way that, insofar as may be appropriate, optimises the overall value of Trust

Land.

The Minister may delegate a function or power under this Act (other than a prescribed function or power) to a specified body or person (including a person for the time being holding or acting in a specified office or position).

A delegation under this section—

must be by instrument in writing; and

may be absolute or conditional; and

does not derogate from the ability of the Minister to act in any matter; and

is revocable at will.

A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

A person to whom a function has been delegated under subsection (1) who has a direct or indirect personal or pecuniary interest in any matter in relation to which the person proposes to perform the functions must disclose the nature of the interest in writing to the Minister. Maximum penalty: Maximum penalty: $20 000.

It is a defence to a charge of an offence against subsection (4) for the defendant to prove that he or she was not, at the time of the alleged offence, aware of his or her interest in the matter.

A requirement under this Act that the Trust consult with a specified person or body in respect of particular Trust Land in accordance with this section will be taken to require the Trust to consult, in accordance with any requirements set out in the regulations, with each of the following persons and groups:

Aboriginal persons who, in accordance with Aboriginal tradition, have social, economic and spiritual affiliations with, and responsibilities for, the Trust Land or any part of it (including, but not limited to, native title holders in respect of the land);

residents on the Trust Land;

any other person with an interest in the Trust Land, (however nothing in this section operates to give priority in any matter to a particular person or group of persons).

Subject to this section, the Aboriginal Lands Trust continues in existence.

[Note: NoteThe Trust was constituted under the Aboriginal Lands Trust

Act 1966.]

The Trust—

is a body corporate; and

has perpetual succession and a common seal; and

can sue and be sued in its corporate name; and

subject to this Act, can enter into contracts and arrangements (including commercial contracts and arrangements); and

is an instrumentality of the Crown; and

has the functions and powers assigned or conferred by or under this or any other Act.

If a document appears to bear the common seal of the Trust, it will be presumed, in the absence of proof to the contrary, that the common seal of the Trust was duly fixed to the document.

The Minister must, in relation to any appointment to the Trust, call for expressions of interest under a scheme determined by the Minister for the purposes of this section.

The Minister must, in relation to the scheme referred to in subsection (1)—

cause details of the scheme to be published in the Gazette;

and

ensure that details of the scheme are published on the Internet and kept available for public inspection without charge during normal office hours at the principal office of the Trust.

The Minister may from time to time establish a selection panel for the purposes of recommending persons for appointment to the

Trust.

The selection panel will consist of such number of other Aboriginal persons as the Minister thinks fit, of whom—

1 must be a person who is a member of a body that represents, or acts in, the interests of Aboriginal people; and

1 must be a person who is a public sector employee (within the meaning of the Public Sector

Act 2009); and

1 must be a person who is employed in the private sector.

A member of the selection panel will hold office for a term, and on conditions, determined by the Minister and is, at the expiration of a term of office, eligible for reappointment.

A member of the selection panel is entitled to fees, allowances and expenses approved by the Governor.

An act or proceeding of the selection panel is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

In recommending a member of the Trust, the selection panel—

should, as far as is reasonably practicable, endeavour to achieve a gender balance on the Trust; and

must have regard to the requirements as to knowledge, skills and experience of members under section 12(1); and

must have regard to whether a particular person is a fit and proper person to be a member of the Trust; and

must have regard to the fact that the Trust, in addition to dealing with Trust Land, needs to manage Trust Land and, in particular, must be able to consider the needs of communities living on Trust Land; and

must have regard to any other matter specified by the

Minister.

The selection panel is (other than in determining whether or not to recommend a particular person for appointment to the Trust) subject to the direction and control of the Minister.

Without limiting subsection (7), if a person recommended by the selection panel for appointment to the Trust is not acceptable to the Minister, the Minister may require the selection panel to recommend another person, or a panel of persons from which the Minister may select a person for appointment.

Subject to this Act, the selection panel may determine its own procedures.

The Trust consists of 8 members appointed by the Governor (being persons nominated by the Minister on the recommendation of the selection panel), being Aboriginal persons who collectively have knowledge, skills and experience in the following areas:

South Australian Aboriginal community life and culture generally;

residential community life and culture on Trust Land;

the management and conservation of natural resources;

the management of agricultural and pastoral land;

commercial enterprise development;

property management and development;

ecologically sustainable development;

corporate governance and administration.

The Governor may appoint a suitable person to be the deputy of a member of the Trust.

A deputy may act as a member of the Trust during any period of absence of the member in relation to whom the deputy has been appointed.

The Minister must, after consultation with the Trust, appoint a member (the presiding member) to preside at meetings of the

Trust and another member (the deputy presiding member) to preside at meetings of the Trust in the absence of the presiding member.