Review of Anangu Pitjatjantjara Yunkunytjatjara Lands (SA)
Thursday 5 December 2013 @ 2.19 p.m. | Legal Research
After only a single set of structural and extensive amendments, it has been recommended that the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (SA) (APY Land Act) undergo extensive review and change.
The Act and its Effect on Native Title
On 19 March 1981, the South Australian Parliament passed the Pitjantjatjara Land Rights Act 1981, thereby providing Anangu (Pitjantjatjara and Yankunytjatjara people) with the inalienable freehold title to 102 630 square kilometres of land in the north west corner of the State.
In passing this Act, Parliament recognised the determination of Pitjantjatjara and Yankunytjatjara communities to control the management, use and development of their traditional lands. The APY Land Act was landmark legislation for Indigenous communities across Australia and overseas.
In November 2006, a parliamentary review concluded that the APY Land Act permit system was working well and did not need to be changed. At that time, the State Government also noted that the existing system was “working well” and that it could “see no reason to change the current access arrangements.”
The current review has been prompted partly by a need to keep up with the times - the Act has been significantly amended just once in its 32 years - and partly because of concerns about the overlying organisation's structure, operations and accountability.
Structure of the APY Lands Organisation
The APY Lands organisation has a statutory obligation to consult with and protect the interests of Traditional Owners over Land management, but it has experienced financial troubles and only recently moved its ledger back into the black.
Amendments to the Act will do little to address many of the most pressing problems on the APY Lands unless other significant changes are made. In reviewing current and former programs and projects, the Committee has been confronted by the extent to which many of these have operated as uncoordinated, fragmentary efforts with an emphasis on shortterm outcomes. The inability of some government agencies and departments to coordinate their efforts and to consult genuinely with Anangu continues to be a major obstacle. It is essential that in tandem with likely changes to governance on the APY Lands, steps be taken to build within and across these agencies and departments a capacity to respond to complexities in a flexible and sustainable manner.
Reaction to Review
But Anangu activist George Kenmore, who wants a royal commission to investigate APY's finances, says the process hasn't allowed enough time for people to give their views. He thinks the government is pushing its own agenda.
"They shouldn't be trying to set up a structure anymore, they should be having a look how can they control the money so service providers don't keep it in the bank in Adelaide. And then you can do a proper management review on it, how it would be run. But they're trying to take a short cut and by taking short cuts they will fail."
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
Sources:
Review of oldest Lands Rights in Australia a challenge
Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 (No. 20) in TimeBase LawOne
