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ABORIGINAL LAND RIGHTS ACT 1983 - SECT 106
Functions of New South Wales Aboriginal Land Council
(1) The New South Wales Aboriginal Land Council has the functions conferred or
imposed on it by or under this or any other Act.
(2) Land acquisition The
New South Wales Aboriginal Land Council has the following functions in
relation to the acquisition of land and related matters-- (a) in accordance
with this Act and the regulations, to acquire land on its own behalf or on
behalf of or to be vested in a Local Aboriginal Land Council and to use,
manage, control, hold, transfer to a Local Aboriginal Land Council or dispose
of, or otherwise deal with, land vested in or acquired by the Council,
(b)
functions relating to the acquisition of land and any other functions
conferred on it by or under Part 4A of the NPW Act,
(c) to submit proposals
for the listing in Schedule 14 to the NPW Act of lands of cultural
significance to Aboriginal persons that are reserved under the NPW Act,
(d)
to negotiate the lease by the Council or by the Council and one or more other
Aboriginal Land Councils of lands to which section 36A applies to the Minister
administering the NPW Act,
(e) when exercising its functions with respect to
land that is the subject of a lease, or proposed lease, under Part 4A of the
NPW Act, to act in the best interests of the Aboriginal owners of the land,
(f) to make claims to Crown lands or enter into Aboriginal Land Agreements,
either on its own behalf or, if requested by a Local Aboriginal Land Council,
on behalf of that Council,
(g) to compile and maintain a register of all land
held by Local Aboriginal Land Councils and to make the information available
on request to the members of the Council concerned.
(3) Oversight of
Local Aboriginal Land Councils The New South Wales Aboriginal Land Council has
the following functions in relation to Local Aboriginal Land Councils-- (a)
with the agreement of a Local Aboriginal Land Council, to manage any of the
affairs of the Council,
(a1) to assist and support
Local Aboriginal Land Councils in exercising functions under this Act
(including by the grant or loan of funds to Councils),
(b) to assist
Local Aboriginal Land Councils in complying with this Act in respect of the
establishment and keeping of accounts and the preparation and submission of
budgets and financial reports,
(c) to assist Local Aboriginal Land Councils
in the preparation and implementation of community, land and business plans,
(e) to assist Local Aboriginal Land Councils in conducting elections in
accordance with this Act for Board members,
(f) to determine and approve or
disapprove of the terms and conditions of agreements proposed by
Local Aboriginal Land Councils to allow mining or mineral exploration on land,
(g) to mediate, conciliate and arbitrate disputes relating to the operation of
this Act or the regulations between Aboriginal Land Councils, between those
Councils and individuals and between individual members of those Councils and
to refer such disputes to the Registrar or independent mediators, conciliators
and arbitrators,
(h) to approve land dealings by
Local Aboriginal Land Councils.
(4) Policy and advice The
New South Wales Aboriginal Land Council has the following functions in
relation to policy and advice-- (a) to advise the Minister on matters relating
to Aboriginal land rights and the interests of Aboriginal persons,
(b) to
prepare and implement policies relating to its functions under this Act and
the functions of Local Aboriginal Land Councils under this Act.
(5)
Administration of statutory accounts The
New South Wales Aboriginal Land Council is to administer the
New South Wales Aboriginal Land Council Account, the
New South Wales Aboriginal Land Council Community Fund and the Mining
Royalties Account established under this Act.
(6) Native title The
New South Wales Aboriginal Land Council is to exercise the functions conferred
or imposed, by the Commonwealth Native Title Act, on a representative
Aboriginal/Torres Strait Islander body (within the meaning of that Act) if the
Council is determined to be such a body by the relevant Commonwealth Minister
under that Act.
(7) Aboriginal culture and heritage The
New South Wales Aboriginal Land Council has the following functions in
relation to Aboriginal culture and heritage-- (a) to take action to protect
the culture and heritage of Aboriginal persons in New South Wales, subject to
any other law,
(b) to promote awareness in the community of the culture and
heritage of Aboriginal persons in New South Wales.
(8) Financial stewardship
The New South Wales Aboriginal Land Council has the following functions in
relation to financial management and business planning-- (a) to prepare and
implement policies relating to community, land and business plans required to
be adopted by Aboriginal Land Councils,
(b) to prepare and implement, in
accordance with this Act, a community, land and business plan,
(c) to manage,
in accordance with this Act, the investment of any assets of the Council,
(d)
to facilitate business enterprises (including by establishing, acquiring,
operating or managing business enterprises), in accordance with this Act,
(e)
to grant funds for the payment of the costs and expenses of
Local Aboriginal Land Councils (whether under funding agreements with
Local Aboriginal Land Councils or otherwise).
(9) Other functions prescribed
by regulations The New South Wales Aboriginal Land Council has any other
functions prescribed by the regulations.
Note : Under section 50 of the
Interpretation Act 1987 , the New South Wales Aboriginal Land Council has
certain functions as a statutory corporation, including the power to purchase,
exchange, take on lease, hold, dispose of and otherwise deal with property.
That provision is subject to the provisions of this Act.
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