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Italicise law name, as per mos:law; add long name to lead; link to Indigenous Australians.
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{{Use Australian English|date=July 2015}} |
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{{Infobox legislation |
{{Infobox legislation |
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| short_title = Anangu Pitjantjatjara Yankuntjatjara Land Rights Act 1981 |
| short_title = ''Anangu Pitjantjatjara Yankuntjatjara Land Rights Act 1981'' |
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| enacted_by = [[Parliament of South Australia]] |
| enacted_by = [[Parliament of South Australia]] |
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| 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 |
| 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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The '''A<u>n</u>angu Pitjantjatjara Yankunytjatjara Land Rights Act 1981''' ('''APYLRA''') grants certain land and other rights to the [[Anangu Pitjantjatjara Yankunytjatjara|A<u>n</u>angu Pitjantjatjara Yankunytjatjara]] (the [[Pitjantjatjara]] and [[Yankunytjatjara]] people) in [[South Australia]]. It began its life as the '''Pitjantjatjara Land Rights Act''' and commenced operation on 2 October 1981. The Act has since had several amendments, the latest in 2017. |
The '''''A<u>n</u>angu Pitjantjatjara Yankunytjatjara Land Rights Act 1981''''' ('''APYLRA''') grants certain land and other rights to the [[Anangu Pitjantjatjara Yankunytjatjara|A<u>n</u>angu Pitjantjatjara Yankunytjatjara]] (the [[Pitjantjatjara]] and [[Yankunytjatjara]] people) in [[South Australia]]. It began its life as the '''''Pitjantjatjara Land Rights Act''''' and commenced operation on 2 October 1981. Its long name title is "An Act to provide for the vesting of title to certain lands in the people known as Anangu Pitjantjatjara Yankunytjatjara; and for other purposes". The Act has since had several amendments, the latest in 2017. |
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== History == |
== History == |
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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. |
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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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/> |
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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== Significance == |
== Significance == |
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The Act, which introduced new concepts of land holding and land control for the benefit of Indigenous |
The Act, which introduced new concepts of land holding and land control for the benefit of [[Indigenous Australians]], 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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In 1984, the [[High Court of Australia]] described the Act as: |
In 1984, the [[High Court of Australia]] described the Act as: |
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| Anangu Pitjantjatjara Yankuntjatjara Land Rights Act 1981 | |
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| Parliament of South Australia | |
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| Enacted by | Parliament of South Australia |
| Signed | 19 March 1981 |
| Related legislation | |
| Mining Act 1971, Petroleum Act 1949 | |
The Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (APYLRA) grants certain land and other rights to the Anangu Pitjantjatjara Yankunytjatjara (the Pitjantjatjara and Yankunytjatjara people) in South Australia. It began its life as the Pitjantjatjara Land Rights Act and commenced operation on 2 October 1981. Its long name title is "An Act to provide for the vesting of title to certain lands in the people known as Anangu Pitjantjatjara Yankunytjatjara; and for other purposes". The Act has since had several amendments, the latest in 2017.
In 1976, the Pitjantjatjara Council ("Pit Council") was formed to lobby for freehold title to their reserve land, which, since the 1966 Aboriginal Lands Trust Act had been vested in the Minister for Community Welfare.[1] Premier Donald Dunstan established a Parliamentary Committee to investigate the feasibility of a separate lands trust to cover the North-West Reserve. The Pit Council wanted title to be vested in a new entity of which all Pitjantjatjara people would be members. They wanted something more than the communal title arrangements which had been granted by the Fraser Government under the Aboriginal Land Rights (Northern Territory) Act 1976.[2]
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 Racecourse in February 1980 in protest.[1] 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.
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).[3] 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.[2] 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".[3] 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.[1]
The Act, which introduced new concepts of land holding and land control for the benefit of Indigenous Australians, 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.”
In 1984, the High Court of Australia described the Act as:
‘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’.[4]
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.[5]
The land grant of all Anangu Pitjantjatjara Yankunyjatjara land is dated 30 October 1981 and covers an area of about 102,650 square kilometres (39,630 sq mi), or about 10.4% of the State.[3] 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.[2]
{{cite web}}: CS1 maint: archived copy as title (link)
