South Australian Current Acts

MARALINGA TJARUTJA LAND RIGHTS ACT 1984 - SECT 19

19—Special provisions for the residents of Cook

        (1)         Notwithstanding the other provisions of this Division, Maralinga Tjarutja shall, in accordance with a procedure determined by the Minister, grant a general permit to the residents of Cook to enter the prescribed area for recreational or sporting purposes.

        (2)         The first permit to be granted under subsection (1) shall be granted within two months of the commencement of this Act, and subsequent permits shall be granted in each ensuing year in either the month of March or April.

        (3)         A permit granted under subsection (1) shall continue in force until a further permit is granted in accordance with subsection (2).

        (4)         A resident of Cook and any person accompanying him shall, by virtue of a permit granted under subsection (1), be entitled to enter the prescribed area at any time and place subject to the following conditions:

            (a)         that the prescribed area is not entered for some purpose other than recreational or sporting purposes; and

            (b)         that alcoholic liquor is not supplied to any traditional owner within the prescribed area; and

            (c)         that the traditional owners are not disturbed in any use that they may be making of any part of the prescribed area; and

            (d)         such other conditions as may be imposed by Maralinga Tjarutja after consultation with the Minister and of which notice has been given, in a manner approved by the Minister, to the residents of Cook.

        (5)         Where a person contravenes or fails to comply with a condition referred to in subsection (4)—

            (a)         he shall be guilty of an offence and liable to a penalty not exceeding $2 000; and

            (b)         in the case of a resident of Cook—his permission to enter the lands by virtue of a permit granted under subsection (1) may be cancelled by Maralinga Tjarutja, by notice in writing, for a period not exceeding one year.

        (6)         A person who ceases to be a resident of Cook shall cease to have permission to enter the lands by virtue of a permit granted under subsection (1).

        (7)         In this section—

"the prescribed area" means that part of the lands that is within forty kilometres of the post office in the township of Cook;

"resident of Cook" means a person whose sole or principal place of residence is within the township of Cook.