New South Wales Consolidated Acts

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ABORIGINAL LAND RIGHTS ACT 1983

- As at 18 October 2017
- Act 42 of 1983

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Purpose of Act
   4.      Definitions
           5-34C. (Repealed)

   PART 2 - LAND RIGHTS

           Division 1 - (Repealed)
           None

           Division 2 - Claimable Crown lands

   36.     Claims to Crown lands
   36AA.   Aboriginal Land Agreements
   36A.    Special provision concerning certain Crown lands having nature conservation value
   36B.    Special provisions relating to Crown lands subject of land claim
   37.     Aboriginal lands in travelling stock reserves

           Division 3 - Acquisition of other lands

   38.     Purchase, lease etc of property
   39.     Acquisition of land

           Division 4 - Land dealings by Aboriginal Land Councils

   40.     Interpretation
           40AA-40D. (Repealed)
   41.     Certificates--land vested in Aboriginal Land Councils
   42.     Restrictions on dealing with land subject to native title
   42A.    Restrictions on dealing with land reserved or dedicated under the NPW Act
   42B.    Appropriation or resumption of Aboriginal land
   42C.    Land dealings by Aboriginal Land Councils generally
   42D.    Land dealings by New South Wales Aboriginal Land Council
   42E.    Approval required for land dealings by Local Aboriginal Land Councils
   42F.    Applications for approval of LALC land dealings by NSWALC and assessment fees
   42G.    Approval of LALC land dealings by NSWALC
   42H.    Reasons for refusal or conditions
   42I.    Assessment of dealings by expert advisory panels
   42J.    Amendment and revocation of land dealing approvals
   42K.    Certificates for dealings by Local Aboriginal Land Councils
   42L.    Review of approval decisions
   42M.    Registration of dealings and instruments
   42N.    Certain land dealing approval agreements to run with land
   42O.    Enforcement of land dealing approval agreements--registration prohibition notices
   42P.    Effect of registration prohibition notices

           Division 4A - Community development levy

   42Q.    Interpretation
   42R.    Community development levy payable for certain transactions
   42S.    Community development levy not payable on transactions between Councils
   42T.    Amount of community development levy
   42U.    Payment of community development levy amounts
   42V.    NSWALC payments may be waived
   42W.    Regulations
   42X.    Relationship with Taxation Administration Act 1996

           Division 5 - Rates

   43.     Exemption of Aboriginal lands from the payment of rates
   44.     Proceedings for non-payment of certain rates for Aboriginal lands barred
   44A.    Payment of rates by NSW Aboriginal Land Council

   PART 3 - MINERAL RIGHTS AND MINING

   45.     Mineral rights and mining on Aboriginal land
   46.     Fees or royalties for mining on Aboriginal land

   PART 4 - HUNTING, FISHING AND GATHERING

   47.     Agreements to permit hunting, fishing or gathering
   48.     Access permits may be issued by the Court

   PART 5 - LOCAL ABORIGINAL LAND COUNCILS

           Division 1 - Constitution of Local Aboriginal Land Councils and Local Aboriginal Land Council areas

   49.     Constitution of Local Aboriginal Land Council areas
   50.     Constitution of Local Aboriginal Land Councils
   51.     Objects of Local Aboriginal Land Councils

           Division 1A - Functions of Local Aboriginal Land Councils

   52.     Functions of Local Aboriginal Land Councils
   52A.    Community benefits schemes
   52AA.   Powers of Local Aboriginal Land Councils with respect to property
   52B.    (Repealed)
   52C.    Local Aboriginal Land Councils' responsibilities in relation to certain arrangements and transfers
   52D.    Duty of Aboriginal Land Council not to transfer land or other assets to Council members, Board members, staff or consultants
   52E.    Delegation of functions by Local Aboriginal Land Councils
   52F.    Rules of Local Aboriginal Land Councils
   52G.    Functions exercised by Council resolution
   52H.    Meetings of Local Aboriginal Land Councils

           Division 2 - Membership of Local Aboriginal Land Councils

   53.     Membership of Local Aboriginal Land Councils
   54.     Local Aboriginal Land Council membership rolls
   55.     Aboriginal persons may be member of more than one Local Aboriginal Land Council
   56.     Nomination of voting area
   57.     Suspension of members from attending Council meetings
   57A.    Inactive members
   58.     Removal of person's name from membership roll
   59.     Updating and consolidation of membership rolls
   60.     Regulations concerning membership of Local Aboriginal Land Council and membership rolls

           Division 3 - Boards of Local Aboriginal Land Councils

   61.     Local Aboriginal Land Councils to have Boards
   62.     Functions of Boards of Local Aboriginal Land Councils
   63.     Board members
   64.     Chairperson and Deputy Chairperson
   65.     Training for Board members
   66.     Grounds for disqualification from office
   67.     Vacancy in office
   68.     Casual vacancy
   69.     NCAT may declare particular offices of Local Aboriginal Land Council vacant
   70.     (Repealed)
   71.     Effect of order declaring vacancy
   72.     Delegation by Boards

           Division 4 - (Repealed)
           None

           Division 5 - Staff of Local Aboriginal Land Councils

   78.     Staff
   78A.    Chief executive officer
   78B.    Certain persons must not be employed as chief executive officers
   78C.    Filling of vacancy in position of chief executive officer
   79.     Certain persons must not be employed
   79A.    Advertising vacancies
   80.     Appointments and promotion to be on merit
   81.     Consultants to be engaged on merit

           Division 6 - Community, land and business plans

   82.     Community, land and business plans
   83.     Matters covered by community, land and business plans
   84.     Approval of community, land and business plans
   85.     Chairperson may refer community, land and business plan to New South Wales Aboriginal Land Council
   86.     Administration may follow plan failure

           Division 7 - Changes to Local Aboriginal Land Councils and areas of Local Aboriginal Land Councils

   87.     Changes to Local Aboriginal Land Council areas
   88.     Effect of dissolution
   89.     Transfer of assets, rights and liabilities
   90.     Voluntary changes
   91.     Changes on initiative of Minister
   92.     Objections to Minister's changes

   PART 6 - REGIONS

   93.     Regions
           94-103. (Repealed)

   PART 7 - NEW SOUTH WALES ABORIGINAL LAND COUNCIL

           Division 1 - Constitution of New South Wales Aboriginal Land Council

   104.    Constitution of NSW Aboriginal Land Council
   105.    Objects of New South Wales Aboriginal Land Council

           Division 2 - Functions of New South Wales Aboriginal Land Council

   106.    Functions of New South Wales Aboriginal Land Council
   106A.   Powers of New South Wales Aboriginal Land Council with respect to property
   107.    Training
   108.    Community benefits schemes
   109.    (Repealed)
   110.    Report on actions to increase membership of Local Aboriginal Land Councils
   111.    New South Wales Aboriginal Land Council's responsibilities in relation to certain arrangements and transfers
   112.    Duty of New South Wales Aboriginal Land Council not to transfer land or other assets to councillors, staff or consultants
   113.    Policies relating to Aboriginal Land Council functions
   114.    Procedure for making policies
   115.    New South Wales Aboriginal Land Council may give other Councils directions regarding certain matters
   116.    Delegation by New South Wales Aboriginal Land Council
   117.    Rules of the New South Wales Aboriginal Land Council
   118.    Advisory committees
   119.    Approvals

           Division 3 - Councillors of NSW Aboriginal Land Council

   120.    Membership of New South Wales Aboriginal Land Council
   121.    Election of councillors
   122.    Timing of elections
   123.    Declaration of election
   124.    Councillors pending determination of disputed return
   125.    Method of disputing elections and returns
   126.    Procedure
   127.    Immaterial errors not to invalidate election
   128.    Decisions to be final
   129.    Chairperson and Deputy Chairperson
   130.    Role of councillors of NSW Aboriginal Land Council
   131.    Training for councillors

           Division 4 - Removal from office

   132.    Grounds for disqualification from office
   132A.   Leave of absence for employees nominated to Council
   133.    Vacancy in office
   134.    Casual vacancy
   135.    NCAT may declare particular offices of New South Wales Aboriginal Land Council vacant
   136.    (Repealed)
   137.    Effect of order declaring vacancy

           Division 5 - Community, land and business plans

   137A.   Community, land and business plans
   137B.   Matters covered by plans
   137C.   Approval of community, land and business plans
   137D.   Administration may follow plan failure
           Divisions 6-8 - (Repealed)
           None

           Division 9 - Chief Executive Officer of New South Wales Aboriginal Land Council
           None

   138.    Chief Executive Officer
   138A.   Certain persons must not be employed as Chief Executive Officer
   139.    Functions of Chief Executive Officer
   140.    Attendance of Chief Executive Officer at meetings
   141.    Filling of vacancy in position of Chief Executive Officer
   141A.   Delegations by Chief Executive Officer

           Division 10 - Staff of New South Wales Aboriginal Land Council

   142.    Staff organisation structure
   143.    Appointments and promotion to be on merit
   143A.   Advertising vacancies
   144.    Certain persons must not be employed
   145.    Consultants to be engaged on merit

           Division 11 - (Repealed)
           None

   PART 8 - FINANCE

           Division 1 - Establishment of accounts

   149.    NSW Aboriginal Land Council Account
   149A.   NSW Aboriginal Land Council Community Fund
   150.    Preservation of money in NSW Aboriginal Land Council Account
   151.    (Repealed)
   152.    Local Aboriginal Land Council Accounts

           Division 2 - Keeping of accounts

   153.    Local Aboriginal Land Councils to keep accounts
   154.    (Repealed)
   155.    Local Aboriginal Land Councils may request special auditor
   156.    Financial year of Aboriginal Land Councils
   157.    Budget of New South Wales Aboriginal Land Council
   158.    Budget of Local Aboriginal Land Councils
   159.    Quarterly and six monthly reports by New South Wales Aboriginal Land Council
   160.    NSW Aboriginal Land Council may give other Councils directions regarding accounting
   161.    Annual reports

           Division 3 - Funding of Local Aboriginal Land Councils

   162.    Funding agreements
   163.    (Repealed)

   PART 9 - REGISTRAR AND REGISTERS OF ABORIGINAL LAND CLAIMS AND ABORIGINAL OWNERS
   None

           Division 1 - Registrar

   164.    Appointment of Registrar
   165.    Functions of Registrar
   165AA.  Registrar to report on exercise of functions
   165A.   Delegation

           Division 2 - Register of Aboriginal Land Claims

   166.    Register of Aboriginal Land Claims
   167.    Contents of Register of Aboriginal Land Claims
   168.    Registrar may request information from Crown Lands Minister
   169.    Regulations may provide for public inspection of Register

           Division 3 - Register of Aboriginal Owners

   170.    Register of Aboriginal Owners
   171.    Contents of Register of Aboriginal Owners
   172.    Requests for entry of names in Register
   173.    Requests for opening of parts of Register of Aboriginal Owners
   174.    Rectification of Register
   175.    Reference by Registrar to Land and Environment Court

   PART 10 - CONDUCT, DISCLOSURE AND DISCIPLINARY MATTERS
   None

           Division 1 - Honesty, care and diligence

   176.    Conduct of councillors, Board members and staff of Aboriginal Land Councils

           Division 2 - Codes of conduct

   177.    Codes of conduct

           Division 3 - (Repealed)
           None

           Division 3A - Disciplinary action

   181A.   Interpretation
   181B.   Grounds for disciplinary action
   181C.   Formal censure for misconduct
   181D.   Initiating disciplinary proceedings
   181E.   Registrar to investigate misconduct
   181F.   Registrar may take disciplinary action
           181G-181I. (Repealed)
   181J.   Appeals against disciplinary action by Registrar
   181K.   Referral of matters to NCAT
   181L.   Alternatives to suspension or referral to NCAT
   181M.   Expenses to be borne by Aboriginal Land Councils
   181N.   (Repealed)
   181O.   Other proceedings or actions not affected

           Division 4 - Duties of disclosure

              Subdivision 1 - Preliminary

   182.    Definition of "pecuniary interest"
   183.    Persons who have pecuniary interests

              Subdivision 2 - Disclosure of pecuniary interests at meetings

   184.    Disclosure and presence in meetings
   185.    Disclosures to be recorded
   186.    General disclosure
   187.    Disclosure by consultants
   188.    Circumstances in which sections 184 and 187 are not breached

           Division 5 - (Repealed)
           None

           Division 6 - Proceedings before NCAT

              Subdivision 1 - (Repealed)
              None

              Subdivision 2 - Proceedings relating to misconduct

   199A.   NCAT to decide whether or not to conduct proceedings into a referred matter relating to misconduct
   199B.   Circumstances in which NCAT may dispense with hearing

              Subdivision 3 - General provisions

           200-206. (Repealed)
   207.    Additional complaints
           208-211. (Repealed)
   211A.   Decision of NCAT--conduct matters
           212-214. (Repealed)
   215.    Referral of matters by NCAT
   215A.   Exclusive jurisdiction of NCAT over Division 4 contraventions

   PART 11 - INVESTIGATION AND ADMINISTRATION OF ABORIGINAL LAND COUNCILS

           Division 1 - Investigation of Aboriginal Land Councils

   216.    Appointment of investigator into Aboriginal Land Councils
   217.    Contents of investigator's instrument of appointment
   218.    Aboriginal Land Councils to assist investigators
   219.    Investigator to report
   220.    Minister may extend term of office of investigator
   221.    Minister may remove an investigator
   221A.   Provision of information to Registrar and New South Wales Aboriginal Land Council
   221B.   Privilege

           Division 2 - Administration of Aboriginal Land Councils

   222.    Administrators--Local Aboriginal Land Councils
   223.    Administrators--New South Wales Aboriginal Land Council
   223A.   Notice of appointment of administrator
   223B.   Interim actions pending appointment of administrator
   224.    Contents of administrator's instrument of appointment
   225.    Certain persons ineligible to be administrators
   226.    Removal of office holders on appointment of administrator
   227.    Officers to assist administrator
   228.    Administrator of an Aboriginal Land Council may call meetings
   229.    Administrator to report monthly
   230.    Limitations on certain land dealings by administrator
   231.    Minister may amend instrument of appointment of administrator
   232.    Minister may remove administrator

           Division 3 - Non-functioning Aboriginal Land Councils and assistance to Local Aboriginal Land Councils

   233.    Failure of NSW Aboriginal Land Council to function
   234.    (Repealed)

           Division 4 - Performance improvement orders for Local Aboriginal Land Councils

   234A.   Performance improvement orders
   234B.   Compliance with performance improvement order
   234C.   Compliance report
   234D.   Appointment of advisors
   234E.   Co-operation with advisor

   PART 12 - COMPLIANCE DIRECTIONS

   235.    Registrar may issue compliance directions
   236.    Registrar may refer failure to comply to Court
   237.    Court to determine compliance matters

   PART 13 - DISPUTE RESOLUTION

   238.    Application of Part
   239.    Mediation, conciliation or arbitration of disputes by NSW Aboriginal Land Council
   239A.   Compulsory mediation of land dealing application disputes
   240.    Application of Commercial Arbitration Act 2010
   241.    Reference of disputes to Court

   PART 14 - MISCELLANEOUS

   242.    Exclusion of personal liability
   243.    Delegation
   243A.   Effect of suspension of Board members and councillors
   244.    Service of documents
   245.    Authentication of certain documents
   246.    Proof of certain matters not required
   246A.   Correction of errors in documents
   247.    Aboriginal Land Councils not statutory bodies representing the Crown
   248.    Aboriginal Land Councils to be public authorities etc for certain purposes
   248A.   Search warrants
   248B.   Injunctions
   249.    Proceedings for offences
   249A.   Offences by corporations
   250.    Establishment of new Local Aboriginal Land Councils
   251.    (Repealed)
   252.    Regulations
   252A.   Review of Act
   253.    Savings, transitional and other provisions
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4
           SCHEDULE 5
           Schedule 6 (Repealed)


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