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ABORIGINAL LAND RIGHTS ACT 1983 - SECT 42G
Approval of LALC land dealings by NSWALC
42G Approval of LALC land dealings by NSWALC
(1) Approval requirements The New South Wales Aboriginal Land Council must
(subject to subsection (2) and any requirements of the regulations), on an
application for approval of a land dealing being made by a
Local Aboriginal Land Council in accordance with this Act, approve (with or
without conditions) the land dealing if the
New South Wales Aboriginal Land Council is satisfied that-- (a) the
application is in accordance with this Act, and
(b) the members of the
Local Aboriginal Land Council have passed a resolution in accordance with
subsection (5) and that the dealing is in accordance with that resolution.
(2) Refusal if contrary to LALC members' interests The
New South Wales Aboriginal Land Council may refuse to approve a land dealing
if it considers that the dealing is, or is likely to be, contrary to the
interests of the members of the Local Aboriginal Land Council or other
Aboriginal persons within the area of that Council.
(3) In considering
whether a land dealing is contrary to any such interests, the
New South Wales Aboriginal Land Council may consider (and is not limited to
considering) the following-- (a) the community, land and business plan of the
Local Aboriginal Land Council and whether, and to what extent, the
land dealing is consistent with that plan,
(b) the terms of the land dealing
and whether those terms are fair and equitable to the
Local Aboriginal Land Council in all the circumstances,
(c) whether the
Local Aboriginal Land Council, in passing the resolution, had proper regard to
the cultural and heritage significance of the land to Aboriginal persons,
(d)
any assessment of the application for approval of the land dealing by an
expert advisory panel under this Division,
(e) whether it is likely that the
proceeds of the land dealing will be managed and applied in the interests of
the members of the Local Aboriginal Land Council or other Aboriginal persons
within the area of the Council,
(f) any applicable policy of the
New South Wales Aboriginal Land Council in relation to land dealings by
Local Aboriginal Land Councils.
(4) The
New South Wales Aboriginal Land Council is not required to consider any
additional information or other material provided by a person other than the
Local Aboriginal Land Council in considering whether a land dealing is, or is
likely to be, contrary to the interests of the members of the
Local Aboriginal Land Council or other Aboriginal persons within the area of
that Council.
(5) Requirements for approval resolutions A
Local Aboriginal Land Council resolution approving a land dealing must-- (a)
be passed at a meeting of which prior notice was given, in accordance with the
regulations, and at which a quorum was present, and
(b) be passed by not less
than 80 per cent of the voting members of the Council present at the meeting,
and
(c) contain the following matters-- (i) the identity of the land,
(ii) a
statement that the impact of the land dealing on the cultural and heritage
significance of the land to Aboriginal persons has been considered in
determining whether to approve the dealing,
(iii) the manner in which the
land is to be dealt with,
(iv) any conditions to which the approval of the
dealing is subject.
(6) Conditions of approval The
New South Wales Aboriginal Land Council may only impose the following kinds of
conditions on an approval of a land dealing-- (a) a condition that is to be
satisfied before completion of the land dealing,
(b) a condition that
requires the Local Aboriginal Land Council or one or more parties to the
land dealing to enter into an agreement with the
New South Wales Aboriginal Land Council as to specified matters to be carried
out before or after the dealing is completed.
Note : Section 119 enables
conditions to be imposed on approvals and also enables approvals to be
revoked.
(7) Without limiting any other action that may be taken, failure by
a Local Aboriginal Land Council to comply with a provision of a
land dealing approval agreement is taken to be a breach by the Council of this
Act.
(8) Approval may relate to more than one dealing An approval under this
section may relate to one or more land dealings.
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