New South Wales Consolidated Acts

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 36AA

36AA Aboriginal Land Agreements

(1) In this section,
"Aboriginal Land Agreement" means an agreement, in writing, between the Crown Lands Minister and one or more Aboriginal Land Councils (whether or not the agreement also includes other parties) that, in addition to any other matter that may be included in the agreement, makes provision for--

(a) the exchange, transfer or lease of land to an Aboriginal Land Council, or

(b) an undertaking by an Aboriginal Land Council not to lodge a claim, or to withdraw a claim, in relation to specified land.

(2) An Aboriginal Land Council and the Crown Lands Minister may, at any time by notice in writing, commence negotiation, in good faith and in a manner agreed between the parties, for an Aboriginal Land Agreement whether or not a claim has been made under section 36 by the Council in relation to the land that is the subject of the proposed agreement.

(3) The Aboriginal Land Council or the Crown Lands Minister may, with the approval of the other party, invite one or more other Aboriginal Land Councils, or any other person, to join the negotiations and enter into the Aboriginal Land Agreement.

(4) An Aboriginal Land Council, the Crown Lands Minister or any other party may, at any time before the making of an Aboriginal Land Agreement, withdraw from negotiation for the agreement by notice in writing to the other party or parties.

(5) Without limiting the matters that may be included in an Aboriginal Land Agreement, such an agreement may make provision for or with respect to the following--

(a) financial or other consideration,

(b) exchange, transfer or lease of land,

(c) conditions or restrictions on the use of any land to which the agreement relates,

(d) joint access to and management of land (including a lease of a type referred to in section 36A),

(e) undertakings by an Aboriginal Land Council or the Crown Lands Minister with regard to the lease, transfer, management or use of any land,

(f) the duration of the agreement,

(g) the resolution of disputes arising under the agreement.

(6) The Crown Lands Minister may enter into an Aboriginal Land Agreement whether or not a claim has been made under section 36 in relation to any lands to which the agreement relates.

(7) If a proposed Aboriginal Land Agreement provides for the transfer or lease of lands for which a Minister other than the Crown Lands Minister is responsible, the concurrence of that other Minister is required before the agreement is made.

(8) The provisions of section 36(9)-(13), (15) and (17) apply (with necessary modifications) to the transfer of lands in accordance with an Aboriginal Land Agreement in the same way as those provisions apply to the transfer of lands under that section.

(9) An Aboriginal Land Council or the Crown Lands Minister may, at any time during the negotiation for an Aboriginal Land Agreement, notify the other party, in writing, that the agreement must not make provision with respect to specified lands.

(10) The Crown Lands Minister is, on the making of an Aboriginal Land Agreement, authorised to transfer or lease Crown lands the subject of the agreement in accordance with the agreement.

(11) If an Aboriginal Land Agreement provides for termination or transfer of an interest in land, other than an interest of the Crown, the transfer or termination may only be effected with the approval of the holder of the interest.

(11A) The termination or transfer of an interest in land does not require the approval of the holder of the interest under subsection (11) if--

(a) the holder's interest remains in force or is restored in substantially the same terms, or

(b) the Crown Lands Minister may, under any other Act or law, terminate or transfer the interest without the holder's approval.

(12) The Registrar is to keep and maintain a register in relation to Aboriginal Land Agreements made under this section.

(13) The register required to be kept under this section is, subject to the regulations, to include such information and to be in such form as is determined by the Registrar.

(14) The provisions of the Crown Lands Act 1989 that provide for the transfer of Crown lands do not apply in respect of the transfer of land carried out in accordance with an Aboriginal Land Agreement.

(15) In this section--

"Crown Lands Minister" has the same meaning as in section 36.

"interest in land" includes--

(a) a legal or equitable interest in the land, or

(b) an easement, right, charge, power or privilege over, or in connection with, the land.