New South Wales Consolidated Acts

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 171

171 Contents of Register of Aboriginal Owners

(cf former section 49C)

(1) The Registrar is to enter in the Register of Aboriginal Owners--

(a) the names of Aboriginal persons who have a cultural association with land in the State, and

(b) the location of the land with which the Aboriginal person has a cultural association, and

(c) the nature of the cultural association that the Aboriginal person has with the land.

(2) The name of an Aboriginal person must not be entered in the Register unless the Aboriginal person--

(a) is directly descended from the original Aboriginal inhabitants of the cultural area in which the land is situated, and

(b) has a cultural association with the land that derives from the traditions, observances, customs, beliefs or history of the original Aboriginal inhabitants of the cultural area in which the land is situated, and

(c) has consented to the entry of the person's name in the Register.

(3) The Registrar is to give priority to the entry in the Register of the names of Aboriginal persons who have a cultural association with--

(a) lands listed in Schedule 14 to the NPW Act, and

(b) lands to which section 36A applies.

Note : Schedule 14 to the NPW Act lists lands of cultural significance to Aboriginal persons that are reserved or dedicated under that Act.
Section 36A applies to lands that are the subject of a claim by one or more Aboriginal Land Councils under section 36 of this Act and that the Crown Lands Minister is satisfied would be claimable lands except for the fact that the lands are needed, or likely to be needed, for the essential public purpose of nature conservation.