South Australian Current Acts

MARALINGA TJARUTJA LAND RIGHTS ACT 1984 - SECT 3

3—Interpretation

In this Act, unless the contrary intention appears—

"Aboriginal person" means a person who is a descendant of an indigenous inhabitant of Australia;

"British Nuclear Test Program" has the same meaning as in the Maralinga nuclear test site handback deed;

"co-management agreement" means a co-management agreement under Division 6A of Part 3 of the National Parks and Wildlife Act 1972 ;

"co-management board" means the board established by regulation under Division 1A of Part 3 for the control and management of the Mamungari Conservation Park;

"the constitution" means the constitution of Maralinga Tjarutja for the time being in force under this Act;

"the Council" means the Council of Maralinga Tjarutja constituted under this Act;

"exploratory operations" means all operations carried out in the course of—

            (a)         prospecting or exploring for minerals within the meaning of the Mining Act 1971 ; or

            (b)         exploring for petroleum within the meaning of the Petroleum Act 1940 ,

and includes operations conducted under a retention lease within the meaning of the Mining Act 1971 ;

"the lands" means the lands described in Schedule 1 to this Act;

"leader", in relation to the traditional owners, means a person who has been accepted, in accordance with the customs of the traditional owners, as one of their leaders;

"Mamungari Conservation Park" means the land described in Schedule 4, being a conservation park constituted under the National Parks and Wildlife Act 1972 , the inalienable fee simple in which is vested in Maralinga Tjarutja;

"Maralinga nuclear test site" means—

            (a)         that part of the lands comprised of Section 400, Out of Hundreds, Section 1486, Out of Hundreds and Section 1487, Out of Hundreds (not including any part of those sections declared by the regulations not to be included in the ambit of this definition); and

            (b)         any other part of the lands declared by the regulations to be included within the ambit of this definition;

Note—

The test site areas are, for ease of reference only, shaded in grey on the map in Schedule 5.

"Maralinga nuclear test site handback deed" means the deed of that name between the State, the Commonwealth and Maralinga Tjarutja, tabled by or on behalf of the Minister in the House of Assembly on 17 November 2009, as varied from time to time;

"Maralinga Tjarutja" means the body corporate constituted under that name by 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 ;

"minor trials" has the same meaning as in the Maralinga nuclear test site handback deed;

"road works" means the construction, reconstruction or repair of a road, or of related works;

"sacred site" means part of the lands that is, in accordance with the customs and traditions of the traditional owners, of fundamental importance to the traditional owners;

"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.