(1) In this Act,
unless the contrary intention appears—
"Administrator" means a person appointed under section 13O as an
Administrator;
"A n angu" means a person who is—
(a) a
member of the Pitjantjatjara, Yankunytjatjara or Ngaanyatjarra people; and
(b) a
traditional owner of the lands, or a part of them;
"A n angu Pitjantjatjara Yankunytjatjara" means the body corporate constituted
under that name by this Act;
"the constitution" means the constitution of A n angu Pitjantjatjara
Yankunytjatjara for the time being in force under this Act;
"Director of Administration" means the person appointed as the
Director of Administration under section 13B;
"Electoral Commissioner" means the person for the time being holding, or
acting in, the office of the Electoral Commissioner under the
Electoral Act 1985 ;
"electorate"—see Schedule 3 clause 2;
"the Executive Board" means—
(a)
the Executive Board of A n angu Pitjantjatjara Yankunytjatjara constituted
under this Act; or
(b)
during a period prior to the constitution of that Board—the
Pitjantjatjara Council;
"General Manager" means the person appointed as the General Manager under
section 13D;
"the lands" means the lands described in Schedule 1 to this Act;
"mining operations" means operations authorised by or under the
Mining Act 1971 or the Petroleum Act 1940 ;
"mining tenement" means a right, permit, claim, lease or licence under the
Mining Act 1971 or the Petroleum Act 1940 ;
"Mintabie Miners Progress Association" means the association of that name
incorporated under the Associations Incorporation Act 1985 ;
"Mintabie precious stones field" means that part of the lands declared to be a
precious stones field under the Opal Mining Act 1995 ;
"Mintabie precious stones prospecting permit" means a precious stones
prospecting permit under the Opal Mining Act 1995 and endorsed in
accordance with section 10A of that Act;
"Mintabie Township Lease Agreement" means the agreement of that name executed
by A n angu Pitjantjatjara Yankunytjatjara, the Minister and the Minister to
whom the administration of Opal Mining Act 1995 is committed (whether or
not there are other parties to the agreement), as varied from time to time;
"Mintabie township lease area" means the Mintabie township lease area as set
out in the Mintabie Township Lease Agreement;
"motor vehicle" means a vehicle built to be propelled by a motor that forms
part of the vehicle;
"petrol" includes any volatile liquid containing hydrocarbons;
"principal office" of A n angu Pitjantjatjara Yankunytjatjara means the office
specified in accordance with section 14(7);
"regulated substance" means petrol and any other substance declared by
regulation to be a regulated substance for the purposes of this Act;
"road works" means the construction, re-construction or repair of a road, or
of related works;
"serious offence" means—
(a) an
offence against Division 1, 1A, 4, 5, 9, 11, 11A, 12 or 16 of Part 3 of the
Criminal Law Consolidation Act 1935 ; or
(b) an
offence against section 19A, 19AB, 23, 29, 29A, 32AA or 72 of the
Criminal Law Consolidation Act 1935 ; or
(c) an
offence against Part 3B, 5 (other than a summary offence), 5A, 6, 6A (other
than an offence against section 170A), 6B or 7 (other than an offence against
section 257) of the Criminal Law Consolidation Act 1935 ; or
(d) an
indictable offence under Part 5 of the Controlled Substances Act 1984 ;
or
(e) an
offence against section 9A of this Act; or
(f) an
offence against section 42D of this Act; or
(g) an
offence against a by-law made under this Act consisting of or involving the
sale or supply of alcoholic liquor; or
(h) an
offence against a by-law made under this Act relating to gambling; or
(i)
an offence against the law of another jurisdiction that
corresponds to an offence referred to in a preceding paragraph; or
(j) a
conspiracy to commit, or an attempt to commit, an offence referred to in a
preceding paragraph; or
(k) an
offence of a kind declared by the regulations to be a serious offence,
but does not include an offence, or an offence of a class, declared by the
regulations to not be a serious offence;
"traditional owner" in relation to the lands means an Aboriginal person who
has, in accordance with Aboriginal tradition, social, economic and spiritual
affiliations with, and responsibilities for, the lands or any part of them.
(2) If a provision of
this Act specifies that an act may be done or a resolution made by A n angu
Pitjantjatjara Yankunytjatjara at an annual or special general meeting, that
act may not be done, or the resolution made, by the Executive Board on behalf
of A n angu Pitjantjatjara Yankunytjatjara.