South Australian Repealed Acts

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This legislation has been repealed.

ABORIGINAL LANDS TRUST ACT 1966 - SECT 16

16—Power to transfer lands to Trust

        (1)         Notwithstanding anything in the Community Welfare Act 1972 , as amended, or any other Act or in any regulation contained, the Governor may by proclamation transfer any Crown lands or any lands for the time being reserved for Aborigines to the Trust for an estate in fee simple or for such lesser estate or interest as is vested in the Crown: Provided that no such proclamation shall be made in respect of any land that is an Aboriginal reserve or part of any Aboriginal reserve within the meaning of the Community Welfare Act 1972 , as amended, and in respect of which an Aboriginal council has been established and is in existence pursuant to regulations made under the Community Welfare Act 1972 , as amended, without the consent of that council:

Provided further that no such proclamation shall be made in respect of any Crown lands (not being lands at the time of the passing of this Act reserved for Aborigines) except upon the recommendation of the Minister of Lands or the Minister of Irrigation as the case may require and the recommendation of both Houses of Parliament by resolution passed during the same or different sessions of the same Parliament.

        (2)         Upon the making of any such proclamation such lands shall be vested for an estate in fee simple or, as the case may be, for such lesser estate or interest, as is vested in the Crown free of all encumbrances in the Trust except and reserved unto Her Majesty, Her heirs and successors, all gold, silver, copper, tin and other metals, ore, minerals and other substances containing metal and all gems and precious stones, coal and mineral oil in and upon any such lands and the Governor may issue such land grants or other instruments as may be required under any Act or law to give effect to the transfer effected by the proclamation and that land grant or other instrument shall form part of the records of title to land kept under the Real Property Act 1886 .

        (3)         Notwithstanding the provisions of the Real Property Act 1886 , the Registrar-General shall make such entries in the Register Book and do such other acts and things under that Act as are necessary to give effect to the transfer.

        (4)         The Treasurer shall from time to time pay to the Trust such amounts as may be appropriated by Parliament for the purpose up to but not exceeding the amount of royalties paid to the Crown or a Minister of the Crown in any financial year in respect of any lease or licence, subject to this section, granted or issued under the Mining Act 1971 or the Petroleum Act 1940 , in respect of any lands vested in the Trust.

        (5)         The Trust may—

            (a)         with the consent of the Minister, sell, lease, mortgage or otherwise deal with land vested in it pursuant to this Act; or

            (b)         develop such land subject to compliance with the provisions of any Act or law relating thereto,

as it thinks fit: Provided that neither the Trust nor any lessee or assign of the Trust shall depasture any stock on any lands situate within the pastoral area of the State as defined in the Pastoral Act 1936 and vested in the Trust without the approval of, and upon such conditions (including the number of stock to be depastured on any such land) as may be specified by the Pastoral Board. The Minister shall not withhold his consent unless he is satisfied that the sale, lease, mortgage or dealing fails to preserve to the Aboriginal people of South Australia the benefits and value of the land in question: Provided that no land vested in the Trust may be sold unless both Houses of Parliament during the same or different sessions of any Parliament have by resolution authorised such sale.

        (6)         Notwithstanding the provisions of subsection (5) of this section, the Trust shall not sell, lease nor in any way alienate any portion of the North-West Reserve (as defined in the proclamation of His Excellency the Governor dated the thirteenth day of February, 1964 as land reserved for Aborigines) from use by Aboriginals within the meaning of the Community Welfare Act 1972 , as amended, nor shall the Trust encumber any portion of the said Reserve unless both Houses of Parliament during the same or different sessions of any Parliament have by resolution authorised such alienation or encumbering.

        (7)         No lease or licence granted by the Trust under subsection (5) of this section shall be assigned nor shall any lessee or licensee sublet or part with the possession of the land the subject thereof without the consent in writing of the Minister first had and obtained. A lease or licence shall be forfeit upon any breach of this provision.

        (8)         Subject to subsection (9) of this section, the Mining Act 1971 and the Petroleum Act 1940 shall, on and after the commencement of the Aboriginal Lands Trust Act Amendment Act 1973 , not confer any right of entry, prospecting, exploration or mining in respect of land vested in the Trust.

        (9)         The Governor may declare by proclamation that on and after the commencement of the Aboriginal Lands Trust Act Amendment Act 1973 , the rights of entry, prospecting, exploration or mining conferred by the Mining Act 1971 and the Petroleum Act 1940 , shall be exercisable, subject to such conditions and modifications (if any) as may be specified in the proclamation in relation to land vested in the Trust or any part of that land and those conditions and modifications shall apply and have effect accordingly and the Governor may, by subsequent proclamation, vary or revoke any such proclamation.



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