Background Aboriginal people were the first people to find opals in the area. During the
First World War, they traded in black opals at
Coober Pedy. Conditions were harsh. In 1976, with the help of new large machinery, non-
Indigenous people came to the area to mine, and a small township was established. At around the same time,
Anangu began their struggle for
land rights. Consequently, by the time the
South Australian Parliament began to seriously consider granting land rights in the area, a growing number of opal miners were setting up operations around Mintabie. In November 1978, a
Labor Government under
Don Dunstan introduced a Bill to establish Pitjantjatjara land rights. A group of miners from Mintabie voiced strong opposition to the Bill, warning that the proposed legislation would "...act against future opal prospecting and mining ... tend to hinder any other industry set up by people other than Aboriginals... [and] give no real benefit to the Aboriginals but ... cause plenty of friction with the rest of the population. The Bill was still before Parliament when a state election was called. After the election, Anangu entered into a fresh round of negotiations with the newly elected
Liberal government, under premier
David Tonkin. On 2 October 1980 the Pitjantjatjara Council formally reached an agreement with the government on the provisions of a new Bill. Introduced into Parliament on 23 October 1980, the "Pitjantjatjara Land Rights Bill 1980" proposed granting Anangu title to a large area of land, which included the township of Mintabie. The Bill recognised that opal mining would continue at Mintabie and included provisions to control that activity. Certain occupancy rights were to be provided to prospectors but these would be balanced with processes that Anangu could use, if necessary, to have someone evicted from Mintabie. In November 1980, the Mintabie Precious Stones Field was proclaimed by the government. Certain areas of this land were excluded from opal mining activity, including the township of Mintabie. Its name was assigned by notice in the
Government Gazette on 25 June 1981. In a written submission to the Select Committee, the Pitjantjatjara Council explained that while it did "not wish to interfere with any person who wishes to mine, conduct business or otherwise live at or visit Mintabie lawfully," it had serious concerns about "sly grog selling" and consequent violence in the community, so expressed a wish that the Bill should include the Mintabie area under their title to enable integrated rules to apply to the whole area. The opal miners of Mintabie – and also some from Coober Pedy – opposed the Bill, sometimes vehemently, suggesting that confrontation and bloodshed may follow if the Mintabie Precious Stones Field were excised from the Act.
APY Land Rights Act 1981 lease-back After extensive discussions with both the Pitjantjatjara Council and the Mintabie Progress Association, the Parliamentary Select Committee recommended that the area of land covering the township of Mintabie be included in the grant of land to Anangu but would be leased back to the Crown for a period of 21 years. Such an arrangement would enable the Crown to "issue Annual Licenses to persons entering... and wishing to reside" at Mintabie. In March 1981, the Committee tabled its report and the Bill proceeded through Parliament. On 2 October 1981, the
Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 came into operation, giving Anangu inalienable freehold title to the APY Lands. On that day, under Section 28(2) of the Act, the township of Mintabie was "deemed to have been leased by Anangu Pitjantjatjara Yankunytjatjara to the Crown for a term of twenty-one years", until 21 October 2002.
2009 Amendment and 2012 extension In December 2009, the South Australian Parliament passed the Aṉangu Pitjantjatjara Yankunytjatjara Land Rights (Mintabie) Amendment Bill. It was an amendment to the
APY Land Rights Act 1981, the
Opal Mining Act 1995 and by-laws under the
APY Land Rights Act 1981, affecting the residents of Mintabie. This Act changed the licensing system for residential and commercial premises effective 1 July 2012, allowing the Minister responsible for the
Opal Mining Act to grant licences. In April 2012, after several earlier extensions had been granted by APY and the Minister for Mineral Resources and Energy had taken over from the Minister of Lands as the responsible Minister, As all land in the town was leased from the government, and these leases were renewed every year, this amounted to a compulsory closure of the town in 2019. Management of the land would revert to the local
Aboriginal land council, Anangu Pitjantjatjara Yankunytjatjara (APY). The APY Lands executive board would not allow residents to live in the town once it was transitioned to their control, with the date originally set at 1 July 2019. This date was extended following negotiations to 3 January 2020, after residents settled the Federal Court litigation instituted to keep the town open. Falling in the middle of a
heatwave, local residents complained of the difficulties of relocating at such a time. ==Geography==