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ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) ACT 1984 - SECT 50
Entry on trust area etc. by non-residents
50 Entry on trust area etc. by non-residents
(1) A person may, for a lawful purpose, enter and be in a place within a
trust area if— (a) the place is an accessible place; or
(b) the place is
another place that the community government or indigenous regional council for
the trust area has decided, by resolution, is a place to which persons who are
not residents of the trust area may have access.
(2) Without limiting
subsection (1) , a person may enter and be in a place within a trust area that
a resident of the trust area may enter and be in if the person enters or is in
the place as a guest, or at the request of, a resident of the trust area.
(3)
Despite subsection (1) (a) , if immediately before the commencement of this
section, a native title holder could have entered and been in a place within a
trust area in the exercise of the holder’s native title rights and interests
in relation to the place, the holder may continue to enter and be in the place
in the exercise of the rights and interests.
(4) A resolution may be made
under subsection (1) (b) for a place that is Aboriginal or
Torres Strait Islander land only with the written consent of the grantee of
the land.
(5) Subsection (6) applies to a person if— (a) the person— (i)
is not a resident of a trust area; and
(ii) is permitted under the
Aboriginal Land Act 1991 to enter and be on Aboriginal land (the
"Aboriginal land area" ), or is permitted under the
Torres Strait Islander Land Act 1991 to enter and be on
Torres Strait Islander land (the
"Torres Strait Islander land area" ); and
(b) the Aboriginal or
Torres Strait Islander land area is situated within the trust area.
(6) The
person may enter and be in another part of the trust area for the purpose of
entering the Aboriginal or Torres Strait Islander land area.
(7) In this
section—
"accessible place" means— (a) a road; or
(b) a park; or
(c) a boat ramp or
landing; or
(d) an airport; or
(e) a building open to the public, whether or
not on payment of money.
"airport" includes— (a) an aerodrome, airfield and landing strip; and
(b)
another place used for the landing or parking of aircraft; and
(c) a tarmac.
"landing" includes jetty, pontoon and wharf.
"road" includes a State-controlled road under the
Transport Infrastructure Act 1994 .
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