Cancellation of tenements on Mintabie precious stones field
18B Cancellation of tenements on Mintabie precious stones field
The Director must cancel the registration of a tenement or tenements of a person on the Mintabie precious stones field if the person has been excluded from the Mintabie precious stones field under section 29H of the Anangu Pitjantjatjara
Yankunytjatjara Land Rights Act 1981.
Subject to this section, the Director may cancel the registration of a tenement or tenements of a person on the Mintabie precious stones field if—
the Director is satisfied on reasonable grounds that the person has acted in a manner prejudicial to—
the welfare of Anangu (whether individually or as a group);
or
the welfare of those who are lawfully on the Mintabie precious stones field under the Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981;
or
the person has contravened, or failed to comply with, a condition under section 18A in relation to the tenement or tenements; or
an endorsement of a precious stones prospecting permit under section 10A held by the person has been revoked under that section.
If the registration of a tenement or tenements on the Mintabie precious stones field is cancelled under subsection (2)(a), the holder of the tenement or tenements may apply to the Warden's Court to have the relevant decision of the
Director reviewed.
An application for review must, unless the Warden's Court allows an extension of time, be made within 28 days of the cancellation.
At the conclusion of the review, the Warden's Court may, if satisfied that there were no reasonable grounds for the cancellation, do 1 or both of the following:
quash the Director's decision;
remit the subject matter of the review to the Director for reconsideration.
If—
an endorsement of a precious stones prospecting permit is revoked under section 10A; and
the holder of the precious stones prospecting permit has applied under that section for a review of the decision to revoke the endorsement, the Director may not cancel the registration of a tenement of the person under subsection (2)(c) until the review has been finally determined.
This section is in addition to, and does not derogate from, any other provision of this Act.
In this section—
Anangu has the same meaning as in the
Anangu Pitjantjatjara
Yankunytjatjara Land Rights
Act 1981.
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