New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"appointed day" , in relation to a provision of this Schedule, means the day
of commencement of the provision.
"former Corporation" means the corporation sole named "The Minister,
Aborigines Act 1969 " constituted under section 6 of the Aborigines Act 1969
as in force immediately before the repeal of that Act by this Act.
"former Trust" means The Aboriginal Lands Trust constituted under the
Aborigines Act 1969 as in force immediately before the repeal of that Act by
this Act.
"instrument" means an Act (other than this Act), a rule, a by-law, a
regulation or an ordinance, or any other instrument or document, whether of
the same or of a different kind or nature.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--Aboriginal Land Rights (Amendment) Act 1990National Parks and Wildlife Amendment (Aboriginal Ownership) Act 1996 .Aboriginal Land Rights Amendment Act 2001Aboriginal Land Rights Amendment Act 2006Aboriginal Land Rights Amendment Act 2009Aboriginal Land Rights Amendment (Housing) Act 2011any other Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(1) Except as provided by Division 1 of Part 6, on and from the appointed day--(a) all real and personal property and all right and interest therein and all management and control thereof that, immediately before that day, was vested in or belonged to the former Trust shall vest in or belong to the New South Wales Aboriginal Land Council (in this clause referred to as
"the Council" ),(b) all debts, money and claims, liquidated and unliquidated, that, immediately before that day, were due or payable to, or recoverable by, the former Trust shall be debts due to, money payable to and claims recoverable by the Council,(c) all suits, actions and proceedings pending immediately before that day at the suit of the former Trust shall be respectively suits, actions and proceedings pending at the suit of the Council and all suits, actions and proceedings so pending at the suit of any person against the former Trust shall be respectively suits, actions and proceedings pending at the suit of that person against the Council,(d) all contracts, agreements, arrangements and undertakings entered into with and all securities lawfully given to or by the former Trust and in force immediately before that day shall be deemed to be contracts, agreements, arrangements and undertakings entered into with and securities given to or by the Council,(e) the Council may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this clause and for the prosecution of suits, actions and proceedings so referred to as the former Trust might have done but for the enactment of this Act,(f) the Council may enforce and realise any security or charge existing immediately before that day in favour of the former Trust and may exercise any powers thereby conferred on the former Trust as if the security or charge were a security or charge in favour of the Council,(g) all debts, money and claims, liquidated and unliquidated, that, immediately before that day, were due or payable by, or recoverable against, the former Trust shall be debts due by, money payable by and claims recoverable against the Council, and(h) all liquidated and unliquidated claims for which the former Trust would, but for the enactment of this Act, have been liable shall be liquidated and unliquidated claims for which the Council shall be liable.
(2) No attornment to the Council by a lessee from the former Trust shall be required.
(1) On and from the appointed day--(a) all real and personal property and all right and interest therein and all management and control thereof that, immediately before that day, was vested in or belonged to the former Corporation shall vest in or belong to the corporation sole constituted under section 50 (in this clause referred to as
"the Minister" ),(b) all debts, money and claims, liquidated and unliquidated, that, immediately before that day, were due or payable to, or recoverable by, the former Corporation shall be debts due to, money payable to and claims recoverable by the Minister,(c) all suits, actions and proceedings pending immediately before that day at the suit of the former Corporation shall be respectively suits, actions and proceedings pending at the suit of the Minister and all suits, actions and proceedings so pending at the suit of any person against the former Corporation shall be respectively suits, actions and proceedings pending at the suit of that person against the Minister,(d) all contracts, agreements, arrangements and undertakings entered into with and all securities lawfully given to or by the former Corporation and in force immediately before that day shall be deemed to be contracts, agreements, arrangements and undertakings entered into with and securities given to or by the Minister,(e) the Minister may, in addition to pursuing any other remedies or exercising any other powers that may be available to the Minister, pursue the same remedies for the recovery of money and claims referred to in this clause and for the prosecution of suits, actions and proceedings so referred to as the former Corporation might have done but for the enactment of this Act,(f) the Minister may enforce and realise any security or charge existing immediately before that day in favour of the former Corporation and may exercise any powers thereby conferred on the former Corporation as if the security or charge were a security or charge in favour of the Minister,(g) all debts, money and claims, liquidated and unliquidated, that, immediately before that day, were due or payable by, or recoverable against, the former Corporation shall be debts due by, money payable by and claims recoverable against the Minister, and(h) all liquidated and unliquidated claims for which the former Corporation would, but for the enactment of this Act, have been liable shall be liquidated and unliquidated claims for which the Minister shall be liable.
(2) No attornment to the Minister by a lessee from the former Corporation shall be required.
(1) Subject to this Act, to the extent that any act, matter or thing done or omitted to be done before the appointed day by, to or in respect of the former Trust would, but for the enactment of this Act, have had, on or after that day, any force or effect or been in operation, that act, matter or thing shall be deemed to have been done or omitted to be done by, to or in respect of the New South Wales Aboriginal Land Council.
(2) Subject to this Act, to the extent that any act, matter or thing done or omitted to be done before the appointed day by, to or in respect of the former Corporation would, but for the enactment of this Act, have had, on or after that day, any force or effect or been in operation, that act, matter or thing shall be deemed to have been done or omitted to be done by, to or in respect of the corporation sole constituted under section 50.
(1) A reference in this clause to assets, debts and liabilities of the New South Wales Aboriginal Land Council is a reference to assets, debts and liabilities of the Council (excluding former Trust lands within the meaning of section 35) which were, immediately before the appointed day, assets, debts or liabilities of the former Trust.
(2) The Minister may, after taking into consideration any recommendations made by the New South Wales Aboriginal Land Council, determine--(a) whether any, and if so what, assets, debts and liabilities of the New South Wales Aboriginal Land Council should be those of a Local Aboriginal Land Council, and(b) whether any, and if so what, assets, debts and liabilities of the corporation sole constituted under section 50 should be those of the New South Wales Aboriginal Land Council, a Regional Aboriginal Land Council, a Local Aboriginal Land Council or some other organisation or body established for the benefit of Aborigines.
(3) A determination made under this clause shall be given effect to by the New South Wales Aboriginal Land Council, the corporation sole constituted under section 50 and the relevant Regional or Local Aboriginal Land Council or organisation or body, as the case may require.
(1) Without affecting anything in clause 5, the Governor may, by proclamation published in the Gazette, declare that any assets, debts or liabilities referred to in that clause and specified or referred to in the proclamation belong to an Aboriginal Land Council or an organisation or body specified in the proclamation.
(2) A proclamation may be published under subclause (1) in respect only of assets, debts and liabilities that are determined under clause 5 to be those of the Aboriginal Land Council or the organisation or body specified in the proclamation in accordance with subclause (1).
(3) The provisions of clauses 2 and 4(1) apply to and in respect of the assets, debts or liabilities to which a proclamation under subclause (1) relates in the same way as they apply to and in respect of the things therein referred to, and so apply as if references therein to--(a) the appointed day were references to the date of publication in the Gazette of the proclamation or a later date specified in the proclamation,(b) the former Trust were references to the New South Wales Aboriginal Land Council or the corporation sole constituted under section 50, as the case may require, and(c) the New South Wales Aboriginal Land Council were references to the Aboriginal Land Council or the organisation or body specified in the proclamation.
(4) For the purposes of subclause (1), any assets, debts or liabilities may be specified or referred to in a proclamation by reference to documents, lists or inventories kept at a place specified in the proclamation.
Subject to the regulations, a reference in an instrument enacted, made, proclaimed or published before the repeal by this Act of the Aborigines Act 1969 , being a reference to, or a reference to be read or construed as a reference to, or deemed or taken to refer to--
(a) the former Trust shall be read and construed as a reference to the New South Wales Aboriginal Land Council, and
(b) the corporation sole constituted under section 6 of the Aborigines Act 1969 , as in force immediately before the repeal of that Act by this Act, shall be read and construed as a reference to the corporation sole constituted under section 50.
Where, but for this clause, any lands would be claimable Crown lands as defined in section 36, those lands shall not, if they were, on the appointed day, the subject of a lease, licence or permissive occupancy, be claimable Crown lands as so defined until the lease, licence or permissive occupancy ceases to be in force.
(1) Notwithstanding any other provision of this Act or any other law, any contracts entered into between the former Trust and its officers or employees in respect of wages, payments or any other benefits or in respect of conditions of employment, or any other contracts entered into between the former Trust and any person and declared by the Minister to be contracts to which this clause applies, are on and from the appointed day or the date of the declaration, as the case may require, null and void and any money which would, but for this clause, have been payable under those contracts shall not be payable or paid by the former Trust, the New South Wales Aboriginal Land Council, the Crown or any other person or body.
(2) Any payments made under a contract referred to in subclause (1) before the appointed day and which, in the Minister's opinion, are excessive may be declared by the Minister by instrument in writing to have been unauthorised payments.
(3) A payment under a contract referred to in subclause (1) after the time that it became null and void under that subclause or an unauthorised payment referred to in subclause (2) shall be repaid to the Crown by the person to whom it was paid, on demand, and if not paid shall be recoverable, wholly or in part, in any court of competent jurisdiction as a debt due to the Crown.
(4) In subclause (3), a reference to the Crown includes a reference to a person or authority nominated by the Minister, by instrument in writing, for the purposes of that subclause.
(5) In the absence of evidence to the contrary, any instrument purported to have been signed by the Minister for the purposes of this clause shall, in any legal proceedings, be accepted without proof of the signature of the Minister.
(1) Where, as at 2 May 1986 (the date of assent to the amending Act), land was being acquired by a Local Aboriginal Land Council with money or other financial assistance provided by a Regional Aboriginal Land Council, the Regional Aboriginal Land Council may, notwithstanding the provisions of this Act, as amended by the amending Act, continue to provide that money or financial assistance and the Local Aboriginal Land Council may continue to acquire and complete the acquisition of that land.
(2) This clause is taken to have commenced on 2 May 1986.
(3) Subclause (1) re-enacts (with minor modifications) clause 1 of Schedule 2 to the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
(4) In this clause--
"amending Act" means the Aboriginal Land Rights (Amendment) Act 1986 .
In this Part--
"appointed day" means the day on which Schedule 1 (3) to the 1990 Act
commences.
"the 1990 Act" means the Aboriginal Land Rights (Amendment) Act 1990 .
(1) Any property that, immediately before the appointed day, was vested in a Regional Aboriginal Land Council is on and from that day vested in the New South Wales Aboriginal Land Council.
(2) On and from the appointed day--(a) all real and personal property (including any estate or interest in, or right to control or manage, real or personal property) that, immediately before the appointed day, was vested in a Regional Aboriginal Land Council vests in the New South Wales Aboriginal Land Council, and(b) all money that, immediately before the appointed day, was payable to a Regional Aboriginal Land Council becomes payable to the New South Wales Aboriginal Land Council, and(c) any liquidated or unliquidated claim that, immediately before the appointed day, was enforceable by or against a Regional Aboriginal Land Council becomes enforceable by or against the New South Wales Aboriginal Land Council, and(d) any proceedings pending immediately before the appointed day at the suit of or against a Regional Aboriginal Land Council becomes a proceeding pending at the suit of or against the New South Wales Aboriginal Land Council, and(e) any contract or arrangement entered into with a Regional Aboriginal Land Council and in force immediately before the appointed day becomes a contract or arrangement entered into with the New South Wales Aboriginal Land Council, and(f) any security or charge given to or by a Regional Aboriginal Land Council and in force immediately before the appointed day becomes a security or charge given to or by the New South Wales Aboriginal Land Council, and(g) any act, matter or thing done or omitted to be done before the appointed day by, to or in respect of a Regional Aboriginal Land Council is (to the extent that that act, matter or thing has any force or effect) to be taken to have been done or omitted by, to or in respect of the New South Wales Aboriginal Land Council.
Any claim made by a Regional Aboriginal Land Council under section 36 which, immediately before the appointed day, had not been granted or refused under that section is to be taken to be a claim made under that section by the New South Wales Aboriginal Land Council on the appointed day.
Money to the credit of the Mining Royalties Account is to be disbursed in accordance with section 46, as amended by the 1990 Act, whenever the money was paid into the Account.
(1) For the purpose of enabling the New South Wales Aboriginal Land Council to be constituted on or after the appointed day, regulations may be made, elections may be held and any other act, matter or thing may be done before that day as if the whole of the 1990 Act commenced on the date of assent to that Act.
(2) The first election of all councillors is to be held as soon as practicable after the date of assent to the 1990 Act.
(3) If elections are not held in accordance with this Act, as amended by the 1990 Act, before the term of office of the current members of the Council expires--(a) the term of office of the current members, and(b) the term of office of the current Chairperson, Secretary and Treasurer of the Council,are extended until the new members are elected.
(4) In this clause--
"current members" means the members of the New South Wales Aboriginal Land Council on the date of assent to the 1990 Act, and
"current Chairperson, Secretary and Treasurer" means the Chairperson, Secretary and Treasurer of the New South Wales Aboriginal Land Council on the date of assent to the 1990 Act.
(1) This clause applies in relation to the first election of councillors of the New South Wales Aboriginal Land Council held after the date of assent to the 1990 Act.
(2) Despite any other provision of this Act--(a) the Registrar is to arrange forthwith the first meeting of the Council after the returning officer for the election has publicly declared elected candidates representing at least 10 Regional Aboriginal Land Council areas, and(b) those candidates hold office and are taken always to have held office as councillors on and from the date on which the returning officer declared them elected, and the Council is taken to be properly constituted even though councillors representing all such areas have not been elected or otherwise appointed, and(c) the terms of office of the persons who were members of the Council on the date of assent to the 1990 Act are taken to have expired on the date referred to in paragraph (b), and(d) the councillors may not elect officers referred to in clause 2 of Schedule 6 until councillors representing all such areas have been elected or otherwise appointed in accordance with this Act, but are at their first meeting to elect members to act in place of those officers and with all the functions of those officers, until an election of the officers can take place in accordance with that clause, and(e) otherwise, the Council is to proceed to transact business at its first and later meetings in accordance with this Act.
(1) Any directions given by the Minister under section 33A (as inserted by the Aboriginal Land Rights (Amendment) Act 1986 ) that were in force immediately before 2 May 1990 are to be taken to be directions given by the Minister under that section (as revived by the amending Act).
(2) This clause is taken to have commenced on 22 June 1990.
(3) Subclause (1) re-enacts (with minor modifications) section 4 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
(4) In this clause--
"amending Act" means the Aboriginal Land Rights (Revival of Financial Provision) Act 1990 .
In this Part--
"appointed day" means the day on which Schedule 2 [6[#93] to the National
Parks and Wildlife Amendment (Aboriginal Ownership) Act 1996 commences.
"Crown Lands Minister" has the same meaning as in section 36.
The provisions of this Act, as amended by the National Parks and Wildlife Amendment (Aboriginal Ownership) Act 1996 , extend to the following claims and the Crown Lands Minister may deal with the claims accordingly--
(a) claims made before the appointed day that were not determined by the Crown Lands Minister before that day,
(b) claims made before the appointed day that have been refused by the Crown Lands Minister but in respect of the refusal of which the right to appeal to the Land and Environment Court has not expired before the appointed day,
(c) claims in respect of which appeals to the Land and Environment Court are pending on the appointed day.
In this Part--
"amending Act" means the Aboriginal Land Rights Amendment Act 2001 .
(1) A Local Aboriginal Land Council area constituted under section 5 immediately before its repeal is taken to be a Local Aboriginal Land Council area constituted under section 49.
(2) A Regional Aboriginal Land Council area constituted under section 14 immediately its repeal is taken to be a Regional Aboriginal Land Council area constituted under section 85.
(1) A Local Aboriginal Land Council constituted under section 6 before its repeal is taken to have been constituted under section 50.
(2) A Regional Aboriginal Land Council constituted under section 15 before its repeal is taken to have been constituted under section 86.
(3) The New South Wales Aboriginal Land Council constituted under section 22 before its repeal is taken to have been constituted under section 104.
(4) No amendment made by the amending Act affects the continuity of any Aboriginal Land Council in existence immediately before the commencement of the amendment.
(1) A person holding an office as a Chairperson, Secretary, Treasurer, Regional or Alternate Representative of a Local Aboriginal Land Council immediately before the commencement of this clause continues, subject to this Act, to hold that office until the office falls vacant pursuant to subclause (2).
(2) At the first annual meeting of a Local Aboriginal Land Council after the commencement of this clause, the offices of Chairperson, Secretary, Treasurer, Regional and Alternate Representative of the Council become vacant. A person elected to such an office at that annual meeting, subject to this Act, holds office until his or her re-election for another term, or the election of his or her successor, at the second annual meeting of the Council following his or her election.
(3) A person holding an office as a Chairperson, Secretary or Treasurer of a Regional Aboriginal Land Council or the New South Wales Aboriginal Land Council immediately before the commencement of this clause continues, subject to this Act, to hold that office until the next annual meeting after that commencement.
Any person employed by an Aboriginal Land Council under this Act immediately before its amendment by the amending Act is taken to be employed by that Council as constituted after that amendment.
Any agreement entered into with the Public Employment Industrial Relations Authority or the Public Employment Office under section 27D of this Act before its repeal by the amending Act and in force immediately before that repeal is taken to be an agreement entered into with the New South Wales Aboriginal Land Council.
A roll prepared for the purposes of this Act before its amendment by the amending Act becomes a membership roll for the purposes of this Act until a membership roll is prepared for the purposes of this Act as so amended.
The person appointed as Registrar under section 49 before its repeal is, on the commencement of the amending Act, taken to have been appointed as Registrar by the Governor under section 164.
(1) The person employed by the New South Wales Aboriginal Land Council as Chief Executive Officer before the commencement of section 138 is taken to have been appointed as Chief Executive Officer by that Council under that section.
(2) Subject to this Act, the terms and conditions of that person's employment (including the duration of the person's employment) remain in force.
The Register of Aboriginal Owners established and kept under section 49B before its repeal by the amending Act is taken to have been established under section 170.
A person who, on the commencement of section 56 (as substituted by the amending Act), is a member of more than one Local Aboriginal Land Council must make a nomination under that section within 8 weeks of the commencement of this clause.
A reference in any Act, instrument or other document to a declaration made under Division 5 of Part 6 is to be taken to be a reference to a declaration made under Division 5 of Part 2.
Despite any provision of Division 2 of Part 8, the regulations may make provision for or with respect to the preparation of the first audited financial statements, budgets, quarterly reports and annual reports of an Aboriginal Land Council required under that Division after the change to the financial year of the Council effected by the amending Act.
(1) A Local Aboriginal Land Council Account established under section 31 before its repeal is taken to have been established under section 152.
(2) A Regional Aboriginal Land Council Account established under section 30 before its repeal is taken to have been established under section 151.
(3) The New South Wales Aboriginal Land Council Account established under section 29 before its repeal is taken to have been established under section 149.
(4) No amendment made by the amending Act affects the continuity of any Aboriginal Land Council Account in existence immediately before the commencement of the amendment.
(1) A delegation made by the Minister under section 55(1) before its repeal is taken to have been made under section 243.
(2) A delegation made by the New South Wales Aboriginal Land Council under section 55(3) before its repeal is taken to have been made under section 146.
A regulation made under section 68 before its repeal is taken to have been made under section 252.
A rule of Court made under section 27AF before its repeal is taken to have been made under section 127.
In this Part--
"disposal" of land means sale, exchange, mortgage or other disposal of land,
change of use of land and the grant of an easement over land, and includes
purported disposal of land.
"Gandangara Estate land" means the land comprised in Deposited Plan 1061416,
being the land formerly comprising lots 6081-6084 (inclusive) in Deposited
Plan 1018026 and lot 2 in Deposited Plan 1041291.
"Gandangara LALC" means the Gandangara Local Aboriginal Land Council.
The requirements of sections 40B and 40D are deemed to have been complied with in respect of any disposal of Gandangara Estate land by Gandangara LALC before the commencement of this Part, and it is to be conclusively presumed for all purposes that any such disposal does not (and did not ever) contravene either of those sections.
(1) Any disposal before the commencement of this Part of Gandangara Estate land by Gandangara LALC or by a person to whom Gandangara Estate land was disposed of before that commencement is validated to the extent of any invalidity that would otherwise have resulted from any contravention of section 40B or 40D in connection with the disposal.
(2) Any act or omission by the Registrar-General in the exercise or purported exercise of a function under the Real Property Act 1900 in connection with a disposal of Gandangara Estate land before the commencement of this Part is validated to the extent of any invalidity that would otherwise have resulted from any contravention of section 40B or 40D in connection with any such disposal.
(1) A certificate may be given under section 40D(2) certifying that a disposal of Gandangara Estate land by Gandangara LALC before the commencement of this Part does not contravene section 40D.
(2) The failure to give or obtain such a certificate does not limit or otherwise affect the operation of this Part or prevent the exercise of any function of the Registrar-General.
(3) The Registrar-General is not required to obtain, and is not to require any other person to obtain, such a certificate as a condition of or as authority for the exercise of any function of the Registrar-General with respect to any such disposal of land.
This Part has effect despite any notice that any person has or had of any contravention of section 40B or 40D in connection with any disposal of Gandangara Estate land. In particular any such notice has no effect for the purposes of section 40D(2) and any certificate issued under that subsection.
In this
Part--
"amending Act" means the Aboriginal Land Rights Amendment Act 2006 .
(1) A person who was an officer of a Local Aboriginal Land Council immediately before the commencement of Division 3 of Part 5 of the Act, as inserted by the amending Act, ceases to hold office on that commencement.
(2) An officer of a Local Aboriginal Land Council is not entitled to any remuneration or compensation because of the loss of office.
(3) Nothing in this clause prevents a former officer of a Local Aboriginal Land Council from seeking election as a Board member.
(1) For the purpose of enabling Boards of Local Aboriginal Land Councils to be constituted on or after the commencement of Division 3 of Part 5 of the Act, as inserted by the amending Act, regulations may be made, elections for Board members may be held and any other act, matter or thing may be done before that commencement as if the whole of the amending Act, and any regulations relating to the elections, commenced on the date of assent to that Act.
(2) If elections for Board members are not held in accordance with this Act, as amended by the amending Act, before the term of office of the current officers of the Local Aboriginal Land Council, or of an administrator of the Council, expires, the term of office of the officers or administrator, as the case may be, is extended until the Board members are elected.
(3) Nothing in this clause prevents the appointment of an administrator from being revoked in accordance with this Act or an administrator from being appointed for a Council.
(1) For the purpose of enabling councillors to be elected on or after the commencement of Part 6 of the Act, as inserted by the amending Act, regulations may be made, elections for councillors may be held and any other act, matter or thing may be done before that commencement as if the whole of the amending Act, and any regulations relating to the elections, commenced on the date of assent to that Act.
(2) If elections for councillors are not held in accordance with this Act, as amended by the amending Act, before the term of office of the administrator of the New South Wales Aboriginal Land Council expires, the term of office of the administrator is extended until the councillors are elected.
(3) Nothing in this clause prevents the appointment of the administrator from being revoked in accordance with this Act.
(1) A Regional Aboriginal Land Council constituted under this Act immediately before the commencement of Part 6, as inserted by the amending Act, ceases to exist on that commencement and the officers of the Council cease to hold office.
(2) An officer of the Council is not entitled to any remuneration or compensation because of the loss of the office.
(1) This clause applies to residential accommodation provided by Local Aboriginal Land Councils to Aboriginal persons that was provided immediately before the commencement of this clause (an
"existing social housing scheme" ).
(2) A Local Aboriginal Land Council must not operate an existing social housing scheme on or after 31 December 2015, except in accordance with an approval of the New South Wales Aboriginal Land Council.
(3) The New South Wales Aboriginal Land Council must not approve an existing social housing scheme unless it is satisfied that--(a) the scheme complies with this Act and the regulations, and(b) the scheme is consistent with any applicable policy of the New South Wales Aboriginal Land Council, and(c) the scheme is consistent with the community, land and business plan (if any) of the Local Aboriginal Land Council, and(d) the scheme is fair and equitable and will be administered in a responsible and transparent way, and(e) the income (including any subsidies and grants) from the existing social housing scheme is or will be sufficient to meet all the expenses of the scheme, including long term maintenance requirements, and(f) it has considered the impact of the scheme on the overall financial position of the Local Aboriginal Land Council.
(4) The New South Wales Aboriginal Land Council may impose conditions on an approval under this clause.
(5) Without limiting subclause (4), the New South Wales Aboriginal Land Council may make it a condition of an approval under this clause that the Local Aboriginal Land Council operate the existing social housing scheme by using the services of another body or agency, or with the assistance of another body or agency, approved by the New South Wales Aboriginal Land Council.
(6) A Local Aboriginal Land Council that fails to obtain the approval of the New South Wales Aboriginal Land Council to operate an existing social housing scheme under this clause may, with the approval of that Council, enter into an agreement or other arrangement with another body or agency for that body or agency to operate the existing social housing scheme.
(7) This clause ceases to apply on the repeal of section 52B by the Aboriginal Land Rights Amendment Act 2014 .
(1) This section applies to a community benefits scheme (other than an existing social housing scheme) under which community benefits were provided by Local Aboriginal Land Councils to Aboriginal persons immediately before the commencement of this clause (an
"existing community benefits scheme" ).
(2) A Local Aboriginal Land Council may continue to operate an existing community benefits scheme despite any other provision of this Act.
(3) The New South Wales Aboriginal Land Council may review an existing community benefits scheme, to determine whether or not--(a) it is fair and equitable and is administered in a responsible and transparent way, or(b) it is likely to prevent the Local Aboriginal Land Council from being able to meet its debts as and when they fall due.
(4) On a review, the New South Wales Aboriginal Land Council may impose conditions on the provision of an existing community benefits scheme by a Local Aboriginal Land Council.
(5) Any such condition is to be consistent with any applicable policy of the New South Wales Aboriginal Land Council.
(6) A Local Aboriginal Land Council must comply with any conditions imposed on it after a review under this clause.
(1) Despite any other provision of this Act, a Local Aboriginal Land Council is to prepare and adopt a community, land and business plan, in accordance with this Act, not later than 18 months after the commencement of Division 6 of Part 5.
(2) The New South Wales Aboriginal Land Council may extend the period within which a Local Aboriginal Land Council is to prepare and adopt a plan, and may waive the requirement wholly or partially in an appropriate case.
(3) Despite any other provision of this Act, the New South Wales Aboriginal Land Council is to prepare and adopt a community, land and business plan, in accordance with this Act, not later than 18 months after the commencement of Division 5 of Part 7.
(4) The Minister may extend the period within which the New South Wales Aboriginal Land Council is to prepare and adopt a plan.
A reference in any Act, instrument or other document to the Aboriginal Land Councils Pecuniary Interest Tribunal is taken to be a reference to the Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal.
(1) Each instrument of appointment of an investigator or administrator under Part 11 that was executed before the commencement of this clause is taken to include (and always to have included) provision to the effect that the New South Wales Aboriginal Land Council may approve the payment of additional remuneration to the investigator or administrator that the Council is satisfied is reasonable.
(2) An amount paid before the commencement of this clause as remuneration to an investigator or administrator appointed under Part 11, being an amount paid with the approval of the New South Wales Aboriginal Land Council in addition to the remuneration specified in the investigator's or administrator's instrument of appointment, is taken to be and always to have been validly paid as remuneration of the investigator or administrator.
(3) Sections 217(2) and 224(2) extend to an instrument of appointment of an investigator or administrator under Part 11 that was executed before the commencement of this clause, with the result that a provision included in such an instrument that would have been valid had sections 217(2) and 224(2) been in force when the instrument was executed is taken to be and always to have been valid.
(1) In this Part--
"amending Act" means the Aboriginal Land Rights Amendment Act 2009 .
"existing land dealing" means a land dealing that was approved by the New South Wales Aboriginal Land Council before the commencement of the new land dealing provisions.
"existing registrable instrument" means a registrable instrument giving effect to or forming part of an existing land dealing.
"former land dealing provisions" means Division 4 of Part 2 of this Act, as in force immediately before its substitution by the amending Act.
"new land dealing provisions" means Division 4 of Part 2 of this Act, as substituted by the amending Act.
(2) Words and expressions used in this Part have the same meaning as they have in Divisions 4 and 4A of Part 2 of this Act, as substituted by the amending Act.
(1) Except as provided by this Part, the new land dealing provisions do not apply to or in respect of an existing registrable instrument or to an existing land dealing.
(2) Except as provided by this clause and clause 52, the former land dealing provisions continue to apply to an existing land dealing and an existing registrable instrument.
(3) If the requirements of the former land dealing provisions were not complied with in relation to a land dealing entered into before the commencement of the new land dealing provisions, the new land dealing provisions apply to that land dealing.
(1) This clause applies to an existing land dealing, other than a dealing for which an existing registrable instrument was lodged with the Registrar-General for registration or recording before the commencement of the new land dealing provisions.
(2) Section 42M applies to a registrable instrument giving effect to an existing land dealing.
(3) The Chief Executive Officer of the New South Wales Aboriginal Land Council must give a registration approval certificate in respect of an existing registrable instrument if the Chief Executive Officer is satisfied that any conditions of the approval by the New South Wales Aboriginal Land Council of the existing land dealing have been met.
(4) A registration approval certificate given under subclause (3) is taken to be a registration approval certificate for the purposes of section 42M(2)(a).
(5) The regulations may make provision for or with respect to applications for registration approval certificates under this clause and the fees for the making of such applications.
Division 4A of Part 2 does not apply to dutiable transactions for existing land dealings.
(1) In this clause--
"amending Act" means the Aboriginal Land Rights Amendment (Housing) Act 2011 .
"commencement date" means the date of assent to the amending Act.
(2) This clause applies to the following functions--(a) the management of a short-term residential tenancy agreement,(b) the termination of a short-term residential tenancy agreement.
(3) The amendment of section 52G, 62 or 230 by the amending Act extends to the exercise of the functions to which this clause applies in relation to a short-term residential tenancy agreement entered into before the commencement date, but only to the extent that those functions are exercised on or after the commencement date.
In this
Part--
"amending Act" means the Aboriginal Land Rights Amendment Act 2013 .
The amendment of section 144 by the amending Act does not affect the employment of a staff member of the New South Wales Aboriginal Land Council if the employment commenced before the commencement of the amendment.
An amendment made to section 70, 71, 136 or 137 by the amending Act applies only to decisions of the Administrative Decisions Tribunal made after the commencement of the amendment.
(1) An amendment made to section 42T, or clause 113 of the Aboriginal Land Rights Regulation 2002 , by the amending Act does not affect any liability for duty charged on a dutiable transaction that occurred before the commencement of the amendment.
(2) Clause 113A of the Aboriginal Land Rights Regulation 2002 (as inserted by the amending Act) does not affect any liability for duty charged on a dutiable transaction that occurred before the commencement of that clause.
In this Part--
"amending Act" means the Aboriginal Land Rights Amendment Act 2014 .
(1) Section 222(1)(h) (as inserted by the amending Act) does not apply until 31 December 2015 in relation to a community benefit scheme for residential accommodation for Aboriginal persons that was provided before the commencement of clause 45.Note : Clause 45 allows an Aboriginal Land Council that provided residential accommodation to Aboriginal persons immediately before the commencement of that clause to continue to provide that residential accommodation without the approval of the New South Wales Aboriginal Land Council until 31 December 2015. Continuing to provide residential accommodation to Aboriginal persons after that date without the approval of the New South Wales Aboriginal Land Council is a ground for the appointment of an administrator for the Council under section 222.
(2) An application for the approval of a community benefits scheme for residential accommodation for Aboriginal persons provided before the commencement of clause 45 that was made, but not finally determined, before the repeal of section 52B by the amending Act is to be determined in accordance with section 52A as amended by the amending Act.
(1) This clause applies in relation to a corporation (an
"existing corporation" ) that was established or acquired by a Local Aboriginal Land Council under the Corporations Act 2001 of the Commonwealth before the commencement of section 52(5B) (as inserted by the amending Act).
(2) If an existing corporation is not a corporation or kind of corporation that is authorised under section 52(5B) to be established or acquired by the Local Aboriginal Land Council, the Council is, within 2 years of the commencement of section 52(5B), to take such steps as are required by the regulations to cease any involvement in the operation or management of the corporation.
(3) This clause ceases to have effect on the amendment of section 52 by the Aboriginal Land Rights Amendment (Local Aboriginal Land Councils) Act 2017 .
In this Part--
"amending Act" means the Aboriginal Land Rights Amendment Act 2022 .
Section 42IA, as inserted by the amending Act, extends to an approval granted but not completed before the commencement of the section.
Section 42UA, as inserted by the amending Act, extends to a dutiable transaction entered into but not completed before the commencement of the section.