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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 28

Delegation

Delegation to Council Chair or Council member or staff member

             (1)  A Land Council may, in writing under its common seal, delegate to the following:

                     (a)  the Chair or another member of the Council;

                     (b)  a member of the staff of the Council;

any of the Council's functions or powers under this Act other than the following:

                     (c)  the giving or withholding of consent in relation to the acquisition or grant of an estate or interest in Aboriginal land under an agreement or agreements:

                              (i)  that will have effect for a period that exceeds, or for periods that together exceed, 2 years; or

                             (ii)  in respect of which the approval of the Minister is required by subsection 27(3);

                    (ca)  the making of a request under section 21E;

                     (d)  the making of determinations under section 35;

                     (e)  the giving or refusing of a consent under subsection 42(1);

                      (f)  the giving of a consent under section 48C;

                     (g)  any function or power prescribed by the regulations.

Delegation to Council committee

             (2)  A Land Council may, in writing under its common seal, delegate to a committee appointed under section 29A any of the Council's functions or powers under this Act other than the following:

                    (aa)  the making of a request under section 21E;

                     (a)  the making of determinations under section 35;

                     (b)  any function or power prescribed by the regulations.

Delegation to Aboriginal and Torres Strait Islander corporation

             (3)  A Land Council may, in writing under its common seal, delegate to an Aboriginal and Torres Strait Islander corporation that has made an application in accordance with section 28A, the Council's functions or powers under the following provisions:

                     (a)  section 11A (about agreements concerning land under claim);

                     (b)  section 19 (about dealings with interests in land by Land Trusts), except subsection (4) of that section;

                   (ba)  section 19A (about grant of township leases);

                     (c)  Part IV (about mining);

                     (d)  section 67B (about granting estates or interests while land is subject to a traditional land claim);

                     (e)  section 68 (about roads over Aboriginal land);

                      (f)  subsection 70(4) (about access agreements);

and the Council may also delegate to the corporation the Council's other functions and powers, so far as they are associated with the performance of a function, or the exercise of a power, that is:

                     (g)  conferred by a provision mentioned in any of the above paragraphs; and

                     (h)  covered by the delegation.

             (4)  Where the provisions of this Act require that a Land Council, before performing a function or exercising a power conferred upon it to do, or to consent to the doing of, an act or thing, satisfy itself that:

                     (a)  the traditional Aboriginal owners (if any) of the land affected by the performance of the function or the exercise of the power understand the nature and purpose of the act or thing and consent to it; and

                     (b)  any Aboriginal community or group that may be affected by the doing of the act or thing has been consulted and has had adequate opportunity to express its views to the Land Council;

then, if that function or power is delegated, the delegate may perform the function or exercise the power if the delegate is satisfied:

                     (c)  of the matter referred to in paragraph (a); and

                     (d)  that any Aboriginal community or group that may be affected by the doing of the act or thing has been consulted and has had adequate opportunity to express its views to the delegate.



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