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Legislation

LEGISLATION

COMMONWEALTH LEGISLATION

Corporations (Aboriginal and Torres Strait Islander) Act 2006.

The CATSI Act provides for the incorporation and regulation of Aboriginal and Torres Strait Islander corporations.  The CATSI Act is the Enabling Legislation for the Adnyamathanha Traditional Lands Association (Aboriginal Corporation) and ATLA is required to comply with this legislation.

Native Title Act 1993

The NTA provides for the recognition and protection of Native Title.  Division 6 of the NTA covers the functions of Prescribed Bodies Corporate (PBC).  A PBC is the same as a Registered Native Title Body Corporate (RNTBC).  ATLA is the RNTBC for all of the Native Title land specified in the Adnyamathanha Native Title determinations and is required to comply with this legislation

Native Title (Prescribed Bodies Corporate) Regulations 1999

PBC regulations are made under the Native Title Act and provide interpretation and additional information.  ATLA is required to comply with the regulations.

Aboriginal and Torres Strait Islander Heritage Protection Act 1984

The purposes of this Act are the preservation and protection from injury or desecration of areas and objects in Australia and in Australian waters, being areas and objects that are of particular significance to Aboriginals in accordance with Aboriginal tradition.

SOUTH AUSTRALIAN STATE LEGISLATION

Mining Act No 109 of 1971

The Mining Act applies on all mineral land in South Australia. Part 9B is an important part of this legislation which covers mining activities on Native Title Land.

Aboriginal Heritage Act No 12 1988

This Act establishes the Aboriginal Heritage Committee and empowers the Minister to:
(a) to take such measures as are practicable for the protection and preservation of Aboriginal sites, objects and remains; and
(b) to conduct, direct or assist searches for the purpose of discovering Aboriginal sites or objects; and
(c) to conduct, direct or assist research into the Aboriginal heritage; and
(d) to carry out any other function assigned to the Minister under this Act.

INDIGENOUS LAND USE AGREEMENTS

Adnyamathanha Body Corporate Indigenous Land Use Agreement of 13 February 2012

The Body Corporate ILUA provides consent to :
(i) the grant of each authorised exploration tenement; and
(ii) the carrying out of authorised exploration activities under each authorised exploration tenement.

Within the ILUA Area specified in Item 1 to Schedule 1 of the ILUA

Adnyamathanha Native Title Claim Settlement Indigenous Land Use Agreement of 25 February 2014

This Body Corporate ILUA covers:
Validation of Prior Future Acts (Part 3)
Consent to Future Acts (Part 4)
Non-Consent to Future Acts (Part 5)
Definition of Notifiable Acts (Part 6)

Work Area Clearance Agreement (WACA)

When a person or a corporation wishes to undertake early exploration activities on Adnyamathanha Native Title Land, they are required to enter into a Work Area Clearance Agreement (WACA) with the Common Law Holders.  The WACA is the agreement which specifies how heritage site surveys will be undertaken and under what conditions the proposed early exploration activities may be conducted.  When a request is received to conduct early exploration activities the ATLA Culture, Heritage and Native Title Committee (CHANT) works with the mining company to prepare a draft of the agreement.  The agreement is then presented at a Common Law Holders (CLH) meeting so the CLH can determine whether on not to provide consent to the agreement.  Only if the CLH provide consent can ATLA enter into the agreement.  A copy of the standard WACA template is provided for information.

Important information for Traditional Owners and Common Law Holders

Section 21 of the Aboriginal Heritage Act 1988 (SA)

A person or a corporation may make an application to the Minister for an exemption from Section 21 of the Act.  Section 21 requires:

A person must not, without the authority of the Minister, excavate land for the purpose of uncovering any Aboriginal site, object or remains.

The Minister may grant an exemption after consultation with the people who would be impacted by the decision.

Section 23 of the Aboriginal Heritage Act 1988 (SA)

A person or a corporation may make an application to the Minister for an exemption from Section 23 of the Act.  Section 23 requires:

A person must not, without the authority of the Minister—

(a) damage, disturb or interfere with any Aboriginal site; or
(b) damage any Aboriginal object; or
(c) where any Aboriginal object or remains are found—
(i) disturb or interfere with the object or remains; or
(ii) remove the object or remains.

The Minister may grant an exemption after consultation with the people who would be impacted by the decision.

Part 9 of the Mining Act 1971 (SA) Form 21 – Notice of Entry on Land

When a person or a corporation intends to enter onto Native Title land for the purpose of a mining activity, they are required to advise this by submitting a Form 21 notice.

The Form 21 notices are received by ATLA and published on the ATLA Members Facebook site and the ATLA Web site.

Part 9 of the Mining Act 1971 (SA) Form 27 – Notice Initiating Negotiations with Native Title Parties

When a person or a corporation intends to seek a Native Title Mining Agreement (NTMA) under Part 9B of the Mining Act 1971 (SA), they are required to advise this intent by submitting a Form 27 notice.

The Form 27 notices are received by ATLA and published on the ATLA Members Facebook site and the ATLA Web site.