Anangu Pitjantjatjara Yankunytjatjara Land Rights Act, 1981
Encyclopedia
The Anangu Pitjantjatjara Yankunytjatjara Land Rights Act, 1981 grants certain land and other rights to the Anangu Pitjantjatjara Yankunytjatjara
people in South Australia
.
The Act began its life as the Pitjantjatjara Land Rights Act and commenced operation on 2 October 1981. Symbolically, the Act came into force on the one year anniversary of the date when Premier Tonkin and the Chairman of the
Pitjantjatjara Council, Mr Kawaki Thompson, signed their agreement to a Pitjantjatjara
Land Rights Bill.
provides the following history to the Act:
The Commonwealth Government's "Documenting Democracy" site states that a Parliamentary Committee investigated the merits of such a Bill, and reported in 1979 in favour of an Act that would give total rights to the Pitjantjatjara people over their traditional land in the northwest of South Australia
.
Lawson continues:
of Indigenous peoples, was an important milestone in the struggle for land rights not only
for Anangu
but for Indigenous communities worldwide. During discussion of the Bill,
then State Premier, Hon David Tonkin
, described it as “very much one of the most
significant pieces of legislation which has come before this Parliament in its entire history.”
In 1984, the High Court of Australia
described the Act as:
In 2001, the ongoing significance of the Act was recognised in a major
Centenary of Federation project charting the development of Australian democracy
through key documents.
The westerly section that comprises over half the APY Lands was formerly the North West Aboriginal Reserve, first proclaimed in 1921. Other former leasehold land, formerly known as Everard Park, Kenmore Park and Granite Downs
are included in the lands .
Anangu Pitjantjatjara Yankunytjatjara
Anangu Pitjantjatjara Yankunytjatjara is a large Aboriginal local government area located in the remote north west of South Australia...
people in South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
.
The Act began its life as the Pitjantjatjara Land Rights Act and commenced operation on 2 October 1981. Symbolically, the Act came into force on the one year anniversary of the date when Premier Tonkin and the Chairman of the
Pitjantjatjara Council, Mr Kawaki Thompson, signed their agreement to a Pitjantjatjara
Land Rights Bill.
History
The Hon Robert Lawson QC MLCRobert Lawson (Australian politician)
Robert David Lawson QC, RFD was an Australian politician from 1993 to 2010 as a Liberal Party of Australia member of the South Australian Legislative Council.Prior to entering politics, Lawson was appointed Queen's Counsel....
provides the following history to the Act:
In 1976, an activist group, the Pitjantjatjara Council ('the Pit Council') was formed to lobby for land rights for the Pitjantjatjara people across South Australia, Western Australia and the Northern Territory. Premier Dunstan established a Working Party to investigate the feasibility of a separate lands trust to cover the North-West Reserve.
'Helped by their solicitors', the Pit Council concluded that they should 'avoid imposing an alien notion like trusteeship': [Cocks, 66, 68]. The solution was vesting title in a new entity of which all Pitjatjantjara people would be members. It appears that the aboriginal people had been convinced that they needed the 'fee simple' to their lands. They wanted something superior to the communal title arrangements which had been granted by the Fraser government under the Aboriginal Land Rights (Northern Territory) Act, 1976 (the 'NT Act').
In November 1978, Dunstan introduced a Bill which adopted most of the recommendations of the Working Party. In his second reading speech Dunstan did not disguise that he was seeking a wider audience than his Parliamentary colleagues and the indigenous people of the north-west.
The Commonwealth Government's "Documenting Democracy" site states that a Parliamentary Committee investigated the merits of such a Bill, and reported in 1979 in favour of an Act that would give total rights to the Pitjantjatjara people over their traditional land in the northwest of South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
.
Lawson continues:
...the provisions of this Bill will give South Australians an honourable place in international eyes with regard to the relation of Government to the treatment and status of ethnic minorities.
The Bill had not passed when Labor lost office in September 1979, Dunstan having resigned in February of that year.
In October 1980, the Tonkin Liberal government introduced an amended Bill after a long period of negotiations in which Premier Tonkin took a leading and personal role. The earlier Bill was said to be 'unworkable', especially in its dealing with issues relating to exploration and mining. The new Bill finally passed through both Houses in March 1981.
Significance
The Act, which introduced new concepts of land holding and land control for the benefitof Indigenous peoples, was an important milestone in the struggle for land rights not only
for Anangu
Anangu
Anangu, more accurately "Aṉaŋu" or "Arnangu" is a word found in a number of eastern varieties of the Western Desert Language , an Australian Aboriginal language of the Pama–Nyungan family, spoken in the desert regions of western and central Australia. Before the arrival of non-Aboriginal people in...
but for Indigenous communities worldwide. During discussion of the Bill,
then State Premier, Hon David Tonkin
David Tonkin
Dr David Oliver Tonkin AO was the 38th Premier of South Australia, serving from 18 September 1979 to 10 November 1982. He was elected to the House of Assembly seat of Bragg at the 1970 election, serving until 1983. He became the leader of the South Australian division of the Liberal Party of...
, described it as “very much one of the most
significant pieces of legislation which has come before this Parliament in its entire history.”
In 1984, the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
described the Act as:
‘a special measure for the purpose of adjusting the law of the State to grant legal recognition and protection of the claims of the Anunga [sic] Pitjantjatjara to the traditional homelands on which they live and as the legal means by which present and future generations may take up and rebuild their relationship with their country in accordance with tradition, free of disturbance from others’.
In 2001, the ongoing significance of the Act was recognised in a major
Centenary of Federation project charting the development of Australian democracy
through key documents.
Geographical Scope
The land grant of all Anangu Pitjantjatjara land is dated 30 October 1981 and covers an area of about 102,650 square kilometres or about 10.4% of the State.The westerly section that comprises over half the APY Lands was formerly the North West Aboriginal Reserve, first proclaimed in 1921. Other former leasehold land, formerly known as Everard Park, Kenmore Park and Granite Downs
Granite Downs
Granite Downs is a 9000 km2 former cattle station in arid northern South Australia. It is now part of the Anangu Pitjantjatjara Yankunytjatjara lands.-Birds:...
are included in the lands .