South Australian Current Acts

LAND ACQUISITION ACT 1969 - SECT 20A

20A—Constitution of trust

        (1)         If—

            (a)         negotiations under this Division lead to an agreement that an amount is to be paid by the Authority and held in trust under this section for those who ultimately establish a claim to native title in the subject land; or

            (b)         a determination under this Division (by the Court or the Minister) requires that an amount is to be paid by the Authority and held in trust under this section for those who ultimately establish a claim to native title in the subject land,

the relevant amount is to be paid into the ERD Court.

        (2)         On receipt of an amount paid into court under this section, the ERD Court is to establish, by order, a trust under which the relevant amount is to be held in trust for those who ultimately establish a claim to native title in the subject land.

        (3)         Subject to any order of the ERD Court under subsection (4), the amount held on trust is to be dealt with as follows:

            (a)         if native title is established and compensation is awarded or agreed that is equal to, or greater than, the amount held in trust—that amount is to be paid out, in its entirety, to the holders (or former holders) of native title in the subject land;

            (b)         if native title is established and compensation is awarded or agreed that is less than the amount held in trust—the compensation is to be paid out of the amount held on trust and the balance is to be paid to the Authority;

            (c)         if a native title declaration establishes that the land was not (before the acquisition) subject to native title—the amount is to be paid out, in its entirety, to the Authority;

            (d)         if—

                  (i)         at least 6 years (or a longer period determined by the ERD Court in a particular case) have passed since the constitution of the trust; and

                  (ii)         a balance remains in the trust fund to which no native title party has established an entitlement; and

                  (iii)         there is no claim to native title in the subject land,

the balance is to be paid to the Authority.

        (4)         The ERD Court may, on its own initiative or on application by an interested person—

            (a)         make orders for the disposition of money held on trust under this section; or

            (b)         resolve any question about payment of an amount held on trust under this section.