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{{Short description|South Australian law giving certain land rights to two Aboriginal peoples; created APY}} |
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{{italic title}} |
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{{Use Australian English|date=July 2015}} |
{{Use Australian English|date=July 2015}} |
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{{Use dmy dates|date=July 2015}} |
{{Use dmy dates|date=July 2015}} |
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{{update|date=May 2019}} |
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{{Infobox legislation |
{{Infobox legislation |
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| Name= Anangu Pitjantjatjara Yankuntjatjara Land Rights Act |
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| enacted_by |
| enacted_by= [[Parliament of South Australia]] |
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| long_title |
| long_title=An Act to provide for the vesting of title to certain lands in the people known as Anangu Pitjantjatjara Yankunytjatjara; and for other purposes |
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| introduced_by |
| introduced_by=[[David Tonkin|Tonkin Liberal Government]] |
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|date_enacted= |
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| date_signed |
| date_signed= 19 March 1981 |
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| amendments=1987, 2004, 2005, 2006 (x3), 2016, 2017 |
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| amended_by = |
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|related_legislation=Mining Act 1971, Petroleum Act 1949 |
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}} |
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The |
The '''A<u>n</u>angu Pitjantjatjara Yankunytjatjara Land Rights Act 1981''' grants certain land and other rights to the [[Anangu Pitjantjatjara Yankunytjatjara|A<u>n</u>angu Pitjantjatjara Yankunytjatjara]] (the people of the Pitjantjatjara and Yankunytjatjara dialects) in [[South Australia]]. |
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The Act began its life as the '''Pitjantjatjara Land Rights Act''' and commenced operation on 2 October 1981. Symbolically, the Act came into force on the one-year anniversary of the date when Premier [[David Tonkin]] and the Chairman of the Pitjantjatjara Council, Mr [[Kawaki Thompson]], signed their agreement to the Pitjantjatjara Land Rights Bill. |
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The Act has had several amendments, the latest in 2017 ({{as of|lc=yes|May 2019}}). |
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== History == |
== History == |
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[[Robert Lawson (South Australian politician)|The Hon Robert Lawson QC MLC]] provides the following history to the Act: |
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In 1976, the Pitjantjatjara Council ( |
<blockquote>In 1976, an activist group, the Pitjantjatjara Council ('the Pit Council') was formed to lobby for land rights for the Pitjantjatjara people across South Australia, Western Australia and the Northern Territory. Premier [[Don Dunstan|Donald Dunstan]] established a Working Party to investigate the feasibility of a separate lands trust to cover the North-West Reserve. |
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</blockquote> |
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<blockquote>'Helped by their solicitors', the Pit Council concluded that they should 'avoid imposing an alien notion like trusteeship': (Cocks, 66, 68). The solution was vesting title in a new entity of which all Pitjantjatjara people would be members. It appears that the aboriginal people had been convinced that they needed the 'fee simple' to their lands. They wanted something superior to the communal title arrangements which had been granted by the [[Fraser Government]] under the [[Aboriginal Land Rights (Northern Territory) Act 1976]] (the 'NT Act'). |
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Negotiations became drawn out, with the change of government from the Dunstan government to the Liberal government under [[David Tonkin]] after the 1979 state election. After the government proposed major changes to the legislation, over 100 Pitjantjatjara people camped at [[Victoria Park, Adelaide|Victoria Park Racecourse]] in February 1980 in protest.<ref name=Brock/> In October 1980, the Tonkin government introduced an amended bill after a long period of negotiations, in which Premier Tonkin took a leading and personal role. |
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</blockquote> |
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<blockquote>In November 1978, Dunstan introduced a Bill which adopted most of the recommendations of the Working Party. In his second reading speech Dunstan did not disguise that he was seeking a wider audience than his Parliamentary colleagues and the indigenous people of the north-west.</blockquote> |
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The new bill finally passed through both Houses in March 1981, as the ''Pitjantjatjara Land Rights Act 1981'' (SA), later renamed as the ''Anangu Pitjantjatjara Yankunytjatjarra Land Rights Act 1981'' (SA) (APYLRA).<ref name=ATNS/> Symbolically, the Act came into force on 2 October 1981, the one-year anniversary of the date when Premier [[David Tonkin]] and the Chairman of the Pitjantjatjara Council, Mr [[Kawaki Thompson]], signed their agreement to the Pitjantjatjara Land Rights Bill.<ref name=Lawson/> The new law was enacted to acknowledge Anangu ownership of the land; to establish the Anangu Pitjantjatjara Yankunytjatjara Land Management (APY) as a body corporate; and to "provide for efficient and accountable administration and management of lands by Anangu Pitjantjatjara Yankunytjatjarra".<ref name=ATNS/> However it did not give the people the power of veto over mining activities; any disputes would need to be resolved by an independent arbitrator.<ref name=Brock/> |
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A Parliamentary Committee investigated the merits of such a Bill, and reported in 1979 in favour of an Act that would give total rights to the Pitjantjatjara people over their traditional land in the northwest of [[South Australia]]. |
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The Act, which introduced new concepts of land holding and land control for the benefit of |
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Lawson continues: |
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| ⚫ | In 1984, the [[High Court of Australia]] described the Act as: |
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<blockquote> |
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<blockquote>...the provisions of this Bill will give South Australians an honourable place in international eyes with regard to the relation of Government to the treatment and status of ethnic minorities. </blockquote>The Bill had not passed when Labor lost office in September 1979, Dunstan having resigned in February of that year. |
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| ⚫ |
In 2001, the ongoing significance of the Act was recognised in a major |
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In October 1980, the Tonkin Liberal government introduced an amended bill after a long period of negotiations, in which Premier Tonkin took a leading and personal role. The earlier bill was said to be 'unworkable', especially in its dealing with issues relating to exploration and mining. The new bill finally passed through both Houses in March 1981. |
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The land grant of all A<u>n</u>angu Pitjantjatjara Yankunyjatjara land is dated 30 October 1981 and covers an area of about {{convert|102,650|km2|mi2}}, or about 10.4% of the State.<ref name=ATNS>{{cite web|title=Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (SA)|website=Agreements, Treaties and Negotiated Settlements Project|publisher=University of Melbourne|url=http://www.atns.net.au/agreement.asp?EntityID=3634&SubjectMatter=21|access-date=21 June 2019|archive-date=23 September 2015|archive-url=https://web.archive.org/web/20150923175928/http://www.atns.net.au/agreement.asp?EntityID=3634&SubjectMatter=21|url-status=dead}}</ref> The westerly section that comprises over half the APY Lands was formerly the [[North West Aboriginal Reserve]], first proclaimed in 1921. Other former pastoral lease land, formerly known as [[Mimili, South Australia|Everard Park]], [[Kenmore Park]] and [[Granite Downs]], are included in the lands.<ref name=Lawson>{{cite web|url=http://www.bennelong.com.au/conferences/conference2003/Lawson2003.php|first=Robert|last= Lawson|author-link=Robert Lawson (South Australian politician)|title=The Pitjantjatjara Land Rights Act 1981|others=Address to Bennelong Society 2003 Conference|archive-url=https://web.archive.org/web/20070813150939/http://www.bennelong.com.au/conferences/conference2003/Lawson2003.php |archive-date=13 August 2007 }}</ref> |
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The mining township of [[Mintabie]] was leased back to the state government, for an initial period of 21 years, as part of the agreement which became the Bill passed in parliament. The lease was later extended to 30 June 2027;<ref name=2012lease>{{cite web|url=http://www.energymining.sa.gov.au/__data/assets/pdf_file/0004/324058/Mintabie_Town_Lease_Agreement_Reduced.pdf|title=Mintabie Town Lease Agreement|date=20 April 2012|access-date=30 December 2019}}</ref> however, after a 2017 report finding that the settlement had become a centre for illegal distribution of drugs and alcohol into the APY Lands, the lease was terminated, with a final eviction date of 31 December 2019.<ref name=evict>{{cite news |website =ABC News |publisher =Australian Broadcasting Corporation |title =In far-north SA, an entire town is being evicted by the government|url =http://www.abc.net.au/news/2019-12-28/mintabie-residents-being-rushed-out-of-town-by-new-years-day/11830130|date=28 December 2019 |access-date =29 December 2019}}</ref> |
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| ⚫ | The Act, which introduced new concepts of land holding and land control for the benefit of Indigenous peoples, was an important milestone in the struggle for land rights not only for [[Anangu]] but for Indigenous communities worldwide. During discussion of the Bill, then State Premier, Hon [[David Tonkin]], described it as “very much one of the most significant pieces of legislation which has come before this Parliament in its entire history.” |
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==Amendments== |
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There were amendments to the Act in 1987, 2004, 2005 and several in 2006; minor amendments in 2009, 2013 and 2014. The more significant amendments include:<ref name=austlii>{{cite web | title=Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 - Notes | website=Australasian Legal Information Institute | url=http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/sa/consol_act/apylra1981489/notes.html#legislativehistory | access-date=12 March 2020}}</ref> |
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| ⚫ | In 1984, the [[High Court of Australia]] described the Act as: |
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*The ''Anangu Pitjantjatjara Yankunytjatjara Land Rights (Mintabie) Amendment Act 2009'' (commenced 1 July 2012) introduced a licensing regime whereby outsiders could reside and operate businesses in Mintabie, granted by the Minister administering the ''[[Opal Mining Act 1995]]''.<ref>{{cite web|url=http://www.energymining.sa.gov.au/__data/assets/pdf_file/0009/323838/Review_of_the_Mintabie_Lease_Township_Agreement_Report_Final.pdf|title=12017 Review of the Mintabie Lease and Mintabie Township Lease Agreement|author= Mintabie Review Panel, for Government of South Australia|page=10|access-date=12 March 2020}}</ref> |
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| ⚫ | <blockquote> ‘a special measure for the purpose of adjusting the law of the State to grant legal recognition and protection of the claims of the Anunga [sic] Pitjantjatjara to the traditional homelands on which they live and as the legal means by which present and future generations may take up and rebuild their relationship with their country in accordance with tradition, free of disturbance from others’.<ref>Decision of the High Court in ''Gerhardy v Brown'' [1985] HCA 11; (1985) (159 CLR 70)[http://www.austlii.edu.au/au/cases/cth/HCA/1985/11.html]</ref> </blockquote> |
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| ⚫ | In 2001, the ongoing significance of the Act was recognised in a major Centenary of Federation project charting the development of Australian democracy through key documents.<ref>Report of Select Committee on Pitjantjatjara Land Rights, Parliament of South Australia 2003-2004 {{cite web|url=http://www.parliament.sa.gov.au/NR/rdonlyres/A89D5A9A-74E0-4F78-B6BF-2984F006779E/4621/finalreport.pdf |title=Archived copy |accessdate=2007-07-17 |deadurl=yes |archiveurl=https://web.archive.org/web/20070831121728/http://www.parliament.sa.gov.au/NR/rdonlyres/A89D5A9A-74E0-4F78-B6BF-2984F006779E/4621/finalreport.pdf |archivedate=31 August 2007 |df=dmy }}</ref> |
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*The ''Anangu Pitjantjatjara Yankunytjatjara Lands Rights (Miscellaneous) Amendment Act 2016'' delivered key reforms,<ref name=dpcamend>{{cite web|url=https://dpc.sa.gov.au/what-we-do/services-for-business-and-the-community/Aboriginal-community-advice-and-support/current-initiatives/amendment-of-the-apy-land-rights-act-1981|archive-url=https://web.archive.org/web/20190302170204/https://dpc.sa.gov.au/what-we-do/services-for-business-and-the-community/Aboriginal-community-advice-and-support/current-initiatives/amendment-of-the-apy-land-rights-act-1981|url-status=dead|archive-date=2019-03-02|title=Amendment of the APY Land Rights Act 1981|date=2017|website=South Australia. Department of Premier and Cabinet|access-date=12 March 2020}}</ref> and determined the boundaries of seven APY electorates to elect the Executive Board of Anangu Pitjantjatjara Yankunytjatjara.<ref >{{cite web | title=Anangu Pitjantjatjara Yankunytjatjara Land Rights (Miscellaneous) Amendment Act 2016| website=Legislation (South Australia)|publisher=Government of South Australia. Attorney-General's Dept | date=6 March 2020 | url=https://www.legislation.sa.gov.au/LZ/V/A/2016/ANANGU%20PITJANTJATJARA%20YANKUNYTJATJARA%20LAND%20RIGHTS%20(MISCELLANEOUS)%20AMENDMENT%20ACT%202016_38.aspx | access-date=12 March 2020}} (See p. 3,7 in [https://www.dpc.sa.gov.au/__data/assets/pdf_file/0019/34525/APY-Land-Rights-Misc-Amendment-Act-2016.pdf the Act].) </ref><ref name=elecmap>{{cite web|url=https://www.dpc.sa.gov.au/__data/assets/pdf_file/0020/34517/reference-map.pdf|format=map|title=Map of Anangu Pitjantjatjara Yankunytjatjara Lands (Apy) 7 Electorates Comprised by the Community Groups as Referred to in the Anangu Pitjantjatjara Yankunytjatjara Lands Rights (Miscellaneous) Amendment Act 2016|author=Government of South Australia. Department of State Development, Aboriginal Affairs and Reconciliation. Heritage Information Team|access-date=12 March 2020}}</ref> |
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*The ''Anangu Pitjantjatjara Yankunytjatjara Land Rights (Suspension of Executive Board) Amendment Act 2017'' "continued the Premier’s power, as the Minister responsible for Aboriginal Affairs and Reconciliation, to suspend the APY Executive Board for any reason he or she thinks fit, for such period as deemed appropriate, and for this power to be on-going".<ref name=dpcamend/> |
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The land grant of all A<u>n</u>angu Pitjantjatjara Yankunyjatjara land is dated 30 October 1981 and covers an area of about 102,650 square kilometres, or about 10.4% of the State.<ref>''Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (SA)'', Agreements, Treaties and Negotiated Settlements Project, University of Melbourne, http://www.atns.net.au/agreement.asp?EntityID=3634&SubjectMatter=21, retrieved 13 April 2015</ref> |
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The westerly section that comprises over half the APY Lands was formerly the [[North West Aboriginal Reserve]], first proclaimed in 1921. Other former pastoral lease land, formerly known as Everard Park, Kenmore Park and [[Granite Downs]], are included in the lands.<ref>[http://www.bennelong.com.au/conferences/conference2003/Lawson2003.php Robert Lawson QC MLC, Address to Bennelong Society 2003 Conference;] {{webarchive|url=https://web.archive.org/web/20070813150939/http://www.bennelong.com.au/conferences/conference2003/Lawson2003.php |date=13 August 2007 }}</ref> |
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* [[Aboriginal land rights in Australia]] |
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* [[List of laws concerning Indigenous Australians]] |
* [[List of laws concerning Indigenous Australians]] |
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* [[ |
* [[Aboriginal land rights in Australia]] |
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== References == |
== References == |
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==Further reading== |
==Further reading== |
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* [https://web.archive.org/web/20070711065123/http://www.foundingdocs.gov.au/item.asp?sdID=46 Commonwealth Government "Documenting Democracy" website; Pitjantjatjara Land Rights Act page] (historical) |
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*{{cite web | title=Pitjantjatjara Land Rights Act 1981 (SA)| website=Documenting A Democracy | date=19 March 1981 | url=https://www.foundingdocs.gov.au/item-did-10-aid-6-pid-12.html|publisher=Museum of Australian Democracy }} (historical) |
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* [http://aiatsis.gov.au/sites/default/files/docs/research-and-guides/native-title-research/SA2010.pdf Native Title Resource Guide: South Australia], Australian Institute of Aboriginal and Torres Strait Islander Studies, 31 December 2010 |
* [http://aiatsis.gov.au/sites/default/files/docs/research-and-guides/native-title-research/SA2010.pdf Native Title Resource Guide: South Australia], Australian Institute of Aboriginal and Torres Strait Islander Studies, 31 December 2010 |
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== External links == |
== External links == |
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*{{cite web|url=https://www.legislation.sa.gov.au/LZ/C/A/ANANGU%20PITJANTJATJARA%20YANKUNYTJATJARA%20LAND%20RIGHTS%20ACT%201981.aspx|website=Government of South Australia. Attorney-General's Dept|title=Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 |
*{{cite web|url=https://www.legislation.sa.gov.au/LZ/C/A/ANANGU%20PITJANTJATJARA%20YANKUNYTJATJARA%20LAND%20RIGHTS%20ACT%201981.aspx|website=Government of South Australia. Attorney-General's Dept|title=Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981}}(for latest version) |
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*{{cite web|url=https://web.archive.org/web/20190302170204/https://dpc.sa.gov.au/what-we-do/services-for-business-and-the-community/Aboriginal-community-advice-and-support/current-initiatives/amendment-of-the-apy-land-rights-act-1981|title=Amendment of the APY Land Rights Act 1981|date=2017|website=South Australia. Department of Premier and Cabinet.}} |
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*[http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/sa/consol_act/apylra1981489/notes.html#legislativehistory Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 - Notes] Shows legislative history, with dates and details of all amendments. |
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{{Aboriginal South Australians|state=collapsed}} |
{{Aboriginal South Australians|state=collapsed}} |
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[[Category:South Australia legislation]] |
[[Category:South Australia legislation]] |
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[[Category:Aboriginal land rights in Australia]] |
[[Category:Aboriginal land rights in Australia]] |
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[[Category: |
[[Category:Aborigines in South Australia]] |
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[[Category:Pitjantjatjara]] |
[[Category:Pitjantjatjara]] |
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[[Category:1980s in South Australia]] |
[[Category:1980s in South Australia]] |
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[[Category:Anangu Pitjantjatjara Yankunytjatjara]] |
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