Maralinga Tjarutja Land Rights Act 1984 (SA)

South Australia Maralinga Tjarutja Land Rights Act 1984 An Act to provide for the vesting of title to certain lands known as the Maralinga lands in the people who are acknowledged as the traditional owners. Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Maralinga Tjarutja Division 1—Constitution of Maralinga Tjarutja as body corporate 4 Constitution of Maralinga Tjarutja as body corporate Division 2—Powers and functions of Maralinga Tjarutja 5 Powers and functions of Maralinga Tjarutja Division 3—The Council of Maralinga Tjarutja 6 Constitution of Council 7 Powers etc of Maralinga Tjarutja to be exercised by Council 8 Council to proceed having regard to customs of traditional owners 9 Delegations 10 Evidentiary provision 11 Accounts and audit Division 4—Offices 12 Offices of Maralinga Tjarutja Part 3—The lands Division 1—Vesting of the lands in Maralinga Tjarutja 13 The Governor may grant certain land, in fee simple, to Maralinga Tjarutja 14 Special provisions in relation to the land grant 15 Inalienability of land vested in Maralinga Tjarutja in pursuance of this Part Division 1A—Co-management board for Mamungari Conservation Park 15A Interpretation 15B Establishment of co-management board 15C Corporate nature of co-management board 15D Dissolution or suspension of co-management board 15E Staff 15F Accounts and audit 15G Annual report Division 1B—Special provisions related to Maralinga nuclear test site 15H Interpretation 15I Guidelines related to Maralinga nuclear test site 15J Immunity from liability 15K Mining etc prohibited on Maralinga nuclear test site 15L Review of operation of Division by Minister 15M Evidence Division 2—Sacred sites 16 Register of sacred sites Division 3—Entry to the lands 17 Rights of traditional owners with respect to lands 18 Unauthorised entry upon the lands 18A Residence on the lands 19 Special provisions for the residents of Cook 20 Use of roads to traverse the lands Division 4—Mining operations on the lands 20A Application of Division 21 Mining operations on the lands 22 Application for mining tenements and sacred sites 23 Interaction of the Act and the Mining and Petroleum Acts 24 Royalty 25 Offence in relation to obtaining permission to carry out mining operations 26 Certain payments or other consideration to Maralinga Tjarutja must represent fair compensation Division 5—Right of the Crown to continue in occupation of certain parts of the lands 27 Right of the Crown to continue its occupation of certain land Division 6—Construction of roads by the Commissioner of Highways 28 Consent of Maralinga Tjarutja required for road works 29 Proposals to carry out road works and arbitration of disputes 30 Road reserves 31 Consent not required for maintenance or repair of road described in Schedule 3 32 Interaction between this Act and Highways Act Part 4—Disputes 33 Tribal assessor 34 Disputes 35 Order compelling compliance with direction of the tribal assessor Part 5—Miscellaneous 36 Summary procedure 37 Power of court to order compensation in certain cases 38 Exemption of lands from land tax 39 Financial provision 40 Non-application of Outback Areas Community Development Trust Act 41 Interaction between this Act and certain other Acts 42 Depasturing of stock 43 By-laws 44 Regulations Schedule 1 Schedule 2—Prescribed roads Schedule 3 Schedule 4 Schedule 5—Maralinga nuclear test site Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Maralinga Tjarutja Land Rights Act 1984. 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. Part 2—Maralinga Tjarutja Division 1—Constitution of Maralinga Tjarutja as body corporate 4—Constitution of Maralinga Tjarutja as body corporate (1) There shall be a body corporate entitled "Maralinga Tjarutja". (2) All traditional owners are members of Maralinga Tjarutja. (3) Maralinga Tjarutja shall have a common seal. (4) In any legal proceedings, an apparently genuine document purporting to bear the common seal of Maralinga Tjarutja and the signatures of four members of the Council attesting the affixation of the seal shall be presumed, in the absence of proof to the contrary, to have been duly executed by Maralinga Tjarutja. Division 2—Powers and functions of Maralinga Tjarutja 5—Powers and functions of Maralinga Tjarutja (1) The functions of Maralinga Tjarutja are as follows: (a) to ascertain the wishes and opinions of traditional owners in relation to the management, use and control of the lands and to seek, where practicable, to give effect to those wishes and opinions; and (b) to protect the interests of traditional owners in relation to the management, use and control of the lands; and (c) to negotiate with persons desiring to use, occupy or gain access to any part of the lands; and (d) to administer land vested in Maralinga Tjarutja. (2) Maralinga Tjarutja has the following powers: (a) the power to sue and be sued; (b) the power— (i) to grant a lease or licence, for any period it thinks fit, in respect of any part of the lands (being a part of the lands vested in Maralinga Tjarutja) to a traditional owner or an organisation comprised of traditional owners; (ii) to grant a lease or licence, for a period not exceeding fifty years, in respect of any part of the lands (being a part of the lands vested in Maralinga Tjarutja) to an agency or instrumentality of the Crown; (iii) to grant a lease or licence, for a period not exceeding five years, in respect of any part of the lands (being a part of the lands vested in Maralinga Tjarutja) to any other person or body of persons; (c) the power to acquire by agreement, hold, deal in, or dispose of, land outside the lands; (d) the power to enter into contracts; (e) the power to appoint and dismiss staff; (f) the power to receive and disburse moneys; (g) the power to obtain advice from persons who are expert in matters with which Maralinga Tjarutja is concerned; (h) the power to establish offices; (i) the power to enter into a co-management agreement in relation to land to be vested in Maralinga Tjarutja; (j) the power to make a constitution relating to— (a) the conduct of meetings of Maralinga Tjarutja; and (b) the procedures to be followed in resolving disputes; and (c) any other matter that may be necessary or expedient in relation to the conduct or administration of the affairs of Maralinga Tjarutja; (k) the power to take such other steps as may be necessary or expedient for, or incidental to, the performance of Maralinga Tjarutja's functions. Division 3—The Council of Maralinga Tjarutja 6—Constitution of Council (1) All persons who are for the time being leaders of the traditional owners are members of the Council. (2) The Council— (a) shall within thirty days after the commencement of this Act and, thereafter, before the thirty-first day of October in each ensuing year; and (b) may at any other time, give notice in writing to the Corporate Affairs Commission of those persons who are, at the date of the notice, members of the Council. (3) An apparently genuine document received by the Corporate Affairs Commission purporting to be notice given under subsection (2) of the persons who are at the date of the notice members of the Council (being the last such document received by the Commission) shall constitute proof, in the absence of proof to the contrary, of the membership of the Council. 7—Powers etc of Maralinga Tjarutja to be exercised by Council (1) The powers, functions and affairs of Maralinga Tjarutja shall be exercised and administered by the Council. (2) An act done or a decision made by the Council in the exercise or administration of the powers, functions or affairs of Maralinga Tjarutja is an act or decision of Maralinga Tjarutja. 8—Council to proceed having regard to customs of traditional owners The Council shall in making its decisions and conducting its business— (a) consult with the traditional owners; and (b) act in all other respects, in such manner as may be determined by the Council having regard to the customs of the traditional owners. 9—Delegations (1) The Council may delegate the exercise of any power or function of Maralinga Tjarutja under this or any other Act to a specified body or person. (2) However, the following functions and powers must not be delegated: (a) this power of delegation; (b) a function under section 5(1); (c) the power to grant a lease or licence under this Act. (3) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Council to act in any matter; and (d) is revocable at will by the Council. 10—Evidentiary provision An apparently genuine document purporting— (a) to be under the common seal of Maralinga Tjarutja; and (b) to be signed by four or more members of the Council; and (c) to certify that a specified act of the Council has been done in conformity with the provisions of this Act, shall be conclusive proof that that act is valid and binding upon Maralinga Tjarutja. 11—Accounts and audit (1) The Council shall cause proper accounts to be kept of the financial affairs of Maralinga Tjarutja. (2) The Council— (a) shall, before the thirtieth day of September in each year, cause the accounts of Maralinga Tjarutja for the preceding financial year to be audited by an auditor registered under the Companies (South Australia) Code; and (b) shall, within one month after completion of the audit, lodge copies of the audited accounts with the Corporate Affairs Commission. Division 4—Offices 12—Offices of Maralinga Tjarutja (1) Maralinga Tjarutja must, by notice in writing served on the Corporate Affairs Commission, specify the addresses of two offices at which legal process, notices and other documents may be served upon Maralinga Tjarutja or the Council. (2) One office specified by Maralinga Tjarutja under subsection (1) must be situated within thirty kilometres of the General Post Office at Adelaide and the other office must be situated on the lands, or at a place that is reasonably accessible from the lands. Part 3—The lands Division 1—Vesting of the lands in Maralinga Tjarutja 13—The Governor may grant certain land, in fee simple, to Maralinga Tjarutja The Governor may issue a land grant, in fee simple, of the whole or any part of the lands to Maralinga Tjarutja. 14—Special provisions in relation to the land grant (1) A land grant issued under this Division shall be expressed in the English language and in the Pitjantjatjara language, but the interpretation of the land grant shall be governed by those portions of the land grant that are expressed in the English language. (2) If, in the opinion of the Surveyor-General, a land grant issued under this Division erroneously or imperfectly defines the land to which it was intended to apply, the Surveyor-General may submit to the Minister of Lands a proposal to amend the land grant for the purpose of correcting the error, or defining the land with greater precision. (3) If, in the opinion of the Minister of Lands, the proposal of the Surveyor-General should be carried into effect, he may direct the Registrar-General to amend the land grant in accordance with the proposal. 15—Inalienability of land vested in Maralinga Tjarutja in pursuance of this Part Subject to this Act, where land has vested in Maralinga Tjarutja in pursuance of this Part, no estate or interest in the land— (a) may be alienated from Maralinga Tjarutja; or (b) may be compulsorily acquired, resumed or forfeited under the law of this State. Division 1A—Co-management board for Mamungari Conservation Park 15A—Interpretation In this Division— Minister means the Minister to whom the administration of the National Parks and Wildlife Act 1972 is committed. 15B—Establishment of co-management board (1) The Governor may, by regulation, establish a co-management board for the control and management of the Mamungari Conservation Park subject to the provisions of this Act and the National Parks and Wildlife Act 1972. (2) Subject to this section, regulations establishing the co-management board— (a) must not be inconsistent with the co-management agreement for the Mamungari Conservation Park; and (b) must name the board; and (c) must provide for the appointment, term and conditions of office and removal of the members of the board; and (d) must provide for the procedures governing the board's proceedings; and (e) must provide that the board have a majority of members who are members of Maralinga Tjarutja; and (f) must provide that the board be chaired by a person nominated by Maralinga Tjarutja; and (g) must provide that the quorum of the board have a majority of members who are members of Maralinga Tjarutja; and (h) may limit the powers and functions of the board; and (i) may provide for delegation by the board; and (j) may provide for the remuneration of members; and (k) may require reporting by the board to the Minister; and (l) may make any other provision (not inconsistent with the National Parks and Wildlife Act 1972) relating to the board or the control and management of the Mamungari Conservation Park. (3) If a regulation establishing the co-management board is disallowed by either House of Parliament, the assets and liabilities of the board will be dealt with in accordance with the directions of the Minister. 15C—Corporate nature of co-management board (1) The co-management board— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) can sue and be sued in its corporate name; and (d) has all the powers of a natural person that are capable of being exercised by a body corporate; and (e) has the functions and powers assigned or conferred by or under this or any other Act. (2) If a document appears to bear the common seal of the co-management board, it will be presumed, in the absence of proof to the contrary, that the common seal of the co‑management board was duly fixed to the document. 15D—Dissolution or suspension of co-management board (1) Subject to this section, the Governor may, by regulation, dissolve or suspend the co‑management board. (2) The co-management board must not be dissolved unless the Mamungari Conservation Park is abolished. (3) The co-management board must not be suspended unless the Minister is satisfied that such action is warranted due to continuing failure by the board properly to discharge its responsibilities. (4) On dissolution and during any suspension of the co-management board, any assets and liabilities of the board will be dealt with or disposed of in accordance with the directions of the Minister. 15E—Staff (1) The staffing arrangements for the co-management board will be determined or approved by the Minister after consultation with Maralinga Tjarutja. (2) Any staff under subsection (1) will be— (a) Public Service employees assigned to work with the co-management board; or (b) if appointments have been made under subsection (3)—the persons holding those appointments. (3) The co-management board may, with the approval of the Minister— (a) appoint persons to the staff of the board; and (b) appoint persons to assist in the management of the Mamungari Conservation Park. (4) The co-management board may, with the approval of the Minister administering an administrative unit of the Public Service, on terms and conditions mutually arranged, make use of the services of any officer, or use any facilities or equipment, of that unit. (5) A person employed under subsection (3) is not a Public Service employee. 15F—Accounts and audit (1) The co-management board must cause proper accounts to be kept of its financial affairs. (2) The Auditor-General may at any time, and must in respect of each financial year, audit the accounts of the co-management board. 15G—Annual report (1) The co-management board must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year. (2) The report must include— (a) the audited accounts of the co-management board; and (b) any other information required by or under the regulations. (3) The Minister must, within 6 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament. Division 1B—Special provisions related to Maralinga nuclear test site 15H—Interpretation In this Division— management plan for the Maralinga nuclear test site, means the management plan annexed to the Maralinga nuclear test site handback deed, as varied from time to time. 15I—Guidelines related to Maralinga nuclear test site (1) Maralinga Tjarutja must, within 6 months after the commencement of this section, prepare and submit to the Minister for approval guidelines to be followed in relation to the Maralinga nuclear test site. (2) Maralinga Tjarutja may, with the approval of the Minister, vary or substitute the guidelines prepared under this section. (3) The guidelines may be constituted of the relevant part or parts of the management plan for the Maralinga nuclear test site (and, if so, a variation or substitution of the guidelines may only be made in accordance with the relevant terms of the management plan). (4) The guidelines must contain the following: (a) a clear delineation of the site; (b) an explanation of the nature and extent of any known contamination of the site; (c) any other information required by the regulations, and may contain any other information Maralinga Tjarutja thinks fit in relation to the site. (5) Maralinga Tjarutja must, in a manner approved by the Minister after consultation with Maralinga Tjarutja— (a) provide an explanation of the guidelines, and of any variation or substitution of the guidelines, to traditional owners; and (b) publish the guidelines on the lands. (6) A person is entitled to inspect (without charge) the guidelines— (a) at the places on the lands, and during the times, nominated by Maralinga Tjarutja and approved by the Minister; and (b) during ordinary office hours at the principal office of Maralinga Tjarutja. (7) A person is entitled, on payment of the fee prescribed by the regulations, to a copy of the guidelines. 15J—Immunity from liability (1) This section applies if the Maralinga nuclear test site handback deed— (a) ceases to be in force; or (b) for any other reason fails to provide indemnity for the State or Maralinga Tjarutja in relation to a particular claim for damages. (2) No liability attaches to the State in relation to injury, damage or loss caused by, or related to, the British Nuclear Test Program, or minor trials, conducted at the Maralinga nuclear test site. (3) No liability attaches to Maralinga Tjarutja in relation to injury, damage or loss caused by, or related to, the British Nuclear Test Program, or minor trials, conducted at the Maralinga nuclear test site. 15K—Mining etc prohibited on Maralinga nuclear test site (1) The Mining Act 1971, the Petroleum and Geothermal Energy Act 2000 and the Opal Mining Act 1995 do not apply to, or in relation to, the Maralinga nuclear test site. (2) Despite a provision of this or any other Act or law, the following activities are prohibited on, or in relation to, the Maralinga nuclear test site: (a) prospecting, exploring or mining for minerals (including, to avoid doubt, petroleum); (b) quarrying; (c) any other activity prescribed by the regulations. (3) A person who contravenes subsection (2) is guilty of an offence. Maximum penalty: $120 000. (4) An offence against this section lies within the criminal jurisdiction of the ERD Court. (5) In this section— ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993. 15L—Review of operation of Division by Minister (1) The Minister must cause a review of the operation of this Division to be conducted and a report on the results of the review to be prepared and submitted to him or her. (2) The Minister must ensure that, as part of the review, reasonable steps are taken to seek submissions from— (a) Maralinga Tjarutja; and (b) the Minister responsible for the administration of the Mining Act 1971; and (c) relevant industry, environment and community organisations. (3) The review and the report must be completed before the fifth anniversary of the commencement of this Division. (4) The Minister must cause a copy of the report to be laid before both Houses of Parliament within 6 sitting days after receiving the report. 15M—Evidence (1) A certificate of the Minister certifying that a document is an accurate copy of the Maralinga nuclear test site handback deed as in force on a date specified in the certificate is admissible in evidence in any proceedings and is evidence— (a) of the tabling of the Maralinga nuclear test site handback deed in the House of Assembly; and (b) of any matter so certified. (2) Subsection (1) does not affect any other way in which the tabling or content of the Maralinga nuclear test site handback deed, or the accuracy of a copy of the Maralinga nuclear test site handback deed, may be established. Division 2—Sacred sites 16—Register of sacred sites (1) Maralinga Tjarutja may compile a register of sacred sites recording— (a) where a site has been identified with particularity—the boundaries of the site; or (b) where a site is known to exist but has not been identified with particularity—the boundaries of the area within which it is known to exist. (2) A register compiled pursuant to subsection (1) shall be kept by Maralinga Tjarutja in such manner as it considers appropriate to prevent disclosure of its contents without the authority of Maralinga Tjarutja. Division 3—Entry to the lands 17—Rights of traditional owners with respect to lands (1) Subject to this Act, all traditional owners shall have unrestricted rights of access to the lands. (2) Subsection (1) applies to the Mamungari Conservation Park subject to the provisions of the National Parks and Wildlife Act 1972. 18—Unauthorised entry upon the lands (1) A person (not being a traditional owner) who enters the lands vested in Maralinga Tjarutja without the permission of Maralinga Tjarutja is guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (2). (2) The maximum penalty for an offence against subsection (1) is— (a) where the offence was committed intentionally—a fine of $2 000 plus $500 for each day during which the convicted person remained on the land after the unlawful entry; or (b) in any other case—a fine of $200. (3) An application for permission to enter the lands— (a) may be made by an applicant on behalf of himself, or on behalf of a group of persons; and (b) must— (i) be in writing and lodged with the Council; and (ii) set out— (A) the purpose for which entry to the lands is sought; and (B) the period for which entry to the lands is sought; and (C) the time and place at which the applicant, or the group upon whose behalf the application is made, seeks to enter the lands. (4) The applicant shall, at the request of Maralinga Tjarutja, furnish such further information as it may reasonably require to determine the application. (5) Upon an application under this section, Maralinga Tjarutja may, by instrument in writing— (a) grant permission to enter the lands unconditionally; or (b) grant permission to enter the lands subject to such conditions as it thinks fit; or (c) refuse permission to enter the lands. (6) Where a group of persons is permitted to enter the lands, each member of the group is bound by the conditions (if any) subject to which the permission was granted. (7) A person who contravenes or fails to comply with a condition on which he, or a group of which he is a member, was granted permission to enter the lands is guilty of an offence and liable to a penalty not exceeding the maximum prescribed by subsection (8). (8) The maximum penalty for an offence against subsection (7) is a fine of $2 000 plus $500 for each day (if any) during which the convicted person was on the lands, or a particular part of the lands, in contravention of the condition. (11) This section does not apply to— (a) a police officer acting in the course of carrying out his official duties; or (b) any other officer appointed pursuant to statute acting in the course of carrying out his official duties; or (c) a person acting upon the written authority of the Minister of Aboriginal Affairs, who enters the lands for the purpose of carrying out functions that have been assigned to a Minister or instrumentality of the Crown or a department of government; or (d) a member of the Parliament of the State or the Commonwealth or a person who is genuinely a candidate for election as a member of the Parliament of the State or the Commonwealth; or (da) a person entering the land in accordance with, or to exercise a function under, the Maralinga nuclear test site handback deed; or (db) a person assisting a person referred to in any of the preceding paragraphs; or (e) an Aboriginal person who enters the lands at the invitation of a traditional owner; or (f) a person who proves to the satisfaction of the Minister that he or she carried on the business of taking rabbits on a part of the lands before it became subject to the application of this Act; or (g) entry upon the lands in case of emergency; or (ga) entry upon the road reserve described in Schedule 3 and the Mamungari Conservation Park; or (h) entry upon the lands in pursuance of Division 4 or Division 6 of this Part. (12) Where a person proposes to enter the lands in pursuance of subsection (11)(b), (c), (d), (da), (db) or (e), reasonable notice of the time, place and purpose of the proposed entry must be given to Maralinga Tjarutja. (13) If Maralinga Tjarutja, by notice in writing to the Minister of Aboriginal Affairs, objects to an authorised person entering or remaining upon the lands, the Minister shall revoke or modify the authorisation in order to give effect to the objection unless he is satisfied that there are sufficient reasons why the authorisation should continue notwithstanding the objection. (14) The Council may order that a person who has entered the lands under subsection (11)(e) leave the lands and if the person, having been notified of the order, fails to comply with the order, he shall be guilty of an offence and liable to a penalty not exceeding $2 000. (15) The Minister may, after consultation with Maralinga Tjarutja, impose on a person who may enter the lands under subsection (11)(f) conditions relating to his entry to, and conduct while on, the lands and if such a person, having been notified of a condition imposed under this section, contravenes or fails to comply with that condition, he shall be guilty of an offence and liable to a penalty not exceeding $2 000. 18A—Residence on the lands A person who is entitled under section 18(11)(a), (b), (c), (da) or (db) to enter the lands for the purpose of carrying out, or assisting in carrying out, official duties or functions is entitled to reside on the lands where that is necessary or desirable for the purpose of carrying out that duty or function. 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 res