{"id":"tas:sr-2018-017","name":"Aboriginal Lands Regulations 2018","slug":"aboriginal-lands-regulations-2018","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"17 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184788,"registerId":"tas-tas:sr-2018-017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Aboriginal Lands Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-017) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 4 June 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Aboriginal Lands Act 1995](/view/html/inforce/2026-04-12/act-1995-098) ;\n> \n> > ***Commissioner*** means the Executive Commissioner of the Tasmanian Planning Commission established under the *Tasmanian Planning Commission Act 1997*.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Guidelines","content":"### 4 Guidelines\n\n> For [section 28(2)](/view/html/inforce/2026-04-12/act-1995-098#GS28@Gs2@EN) of the Act, the guidelines in [Schedule 1](#JS1@EN) are prescribed.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Hearing of appeal","content":"### 5 Hearing of appeal\n\n> > (1)  An appeal under [section 29](/view/html/inforce/2026-04-12/act-1995-098#GS29@EN) of the Act is to be heard at a place determined by the Commissioner.\n> \n> > (2)  Before an appeal is heard, the Commissioner is to give reasonable notice of the hearing in at least 3 newspapers published and circulated generally in Tasmania stating –\n> > \n> > > > (a) the subject of the appeal; and\n> > > \n> > > > (b) the time and place at which the appeal is to be heard.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Procedure at hearing","content":"### 6 Procedure at hearing\n\n> > (1)  An appeal is to be heard in public.\n> \n> > (2)  The Commissioner may receive evidence in private if –\n> > \n> > > > (a) a person who appears to give evidence at a hearing objects to doing so in public and the Commissioner considers that –\n> > > > \n> > > > > > (i) the evidence may be of a confidential nature; and\n> > > > > \n> > > > > > (ii) the interest in confidentiality is greater than the interest in having the evidence taken in public; or\n> > > \n> > > > (b) the Commissioner considers that –\n> > > > \n> > > > > > (i) the evidence to be given at the hearing may be of a confidential nature even though the person who appears to give the evidence has not objected to doing so in public; and\n> > > > > \n> > > > > > (ii) the interest in confidentiality is greater than the interest in having the evidence taken in public; or\n> > > \n> > > > (c) an Aboriginal person who appears to give evidence at a hearing objects to doing so in public and the Commissioner considers that the evidence may relate to Aboriginal historical or cultural matters.\n> \n> > (3)  At the hearing, the Commissioner –\n> > \n> > > > (a) may inform himself or herself about any matter in any way he or she thinks fit; and\n> > > \n> > > > (b) may receive oral or written evidence; and\n> > > \n> > > > (c) may receive evidence on oath or affirmation; and\n> > > \n> > > > (d) is not bound to act in a formal manner; and\n> > > \n> > > > (e) is not bound by the rules of evidence.","sortOrder":5},{"sectionNumber":"SCHEDULE 1 - Guidelines","sectionType":"part","heading":"SCHEDULE 1 - Guidelines","content":"# SCHEDULE 1 - Guidelines SCHEDULE 1 - Guidelines\n\n[Regulation 4](#GS4@EN)\n\n> **1.**   In determining whether to grant a further lease or licence under [section 28](/view/html/inforce/2026-04-12/act-1995-098#GS28@EN) of the Act in relation to any Aboriginal land, the Council is to consider the following:\n> \n> > > (a) whether the proposed lease or licence –\n> > > \n> > > > > (i) may affect any Aboriginal historical, cultural or social interest in the land; or\n> > > > \n> > > > > (ii) may impede the Council in sustainably managing the land; or\n> > > > \n> > > > > (iii) is contrary to, or may adversely affect, any management plan or draft management plan in respect of the land; or\n> > > > \n> > > > > (iv) may tend to deprive any Aboriginal group or Aboriginal person of a connection with the land;\n> > \n> > > (b) whether there has been any adverse effect upon the land as a result of the grant of the existing lease or licence;\n> > \n> > > (c) whether the local Aboriginal group or, if no such group has been nominated, the local Aboriginal community, agrees to the grant of the proposed lease or licence.\n\n> **2.**   In determining the terms and conditions of a further lease or licence to be granted under [section 28](/view/html/inforce/2026-04-12/act-1995-098#GS28@EN) of the Act in relation to any Aboriginal land, the Council is to consider the following:\n> \n> > > (a) whether the proposed lease or licence may –\n> > > \n> > > > > (i) affect any Aboriginal historical, cultural or social interest in the land; or\n> > > > \n> > > > > (ii) impede the Council in sustainably managing the land;\n> > \n> > > (b) whether it is necessary or desirable to protect or encourage the association or connection of any local Aboriginal group, local Aboriginal community or local Aboriginal person with the land.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 30 May 2018","sortOrder":6}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient legislative text was provided to assess whether the scope changed from the original intent. The document supplied is primarily a status/metadata page. Based on the stability of the instrument (no amendments since commencement in 2018), there is no evidence of scope change."},"complexity_factors":["Very limited substantive content was provided — only metadata and status information, not the actual regulatory text","Regulations of this type typically involve Indigenous land rights law, which can intersect with Commonwealth, State, and common law frameworks — but this cannot be confirmed from the text supplied","The parent Act (Aboriginal Lands Act) would add a layer of complexity requiring cross-referencing","Appears to be a narrow, administrative instrument rather than a broad or multifaceted piece of legislation","No amendments since 2018 suggests limited complexity evolution over time"],"plain_english_summary":"The Aboriginal Lands Regulations 2018 (Tasmania) set out the procedural and administrative rules that put the Aboriginal Lands Act into practice, governing how Aboriginal land is managed, accessed and administered. They affect Tasmanian Aboriginal people, the Aboriginal Land Council of Tasmania, government agencies and anyone interacting with Aboriginal-held land. The regulations have operated unchanged since 4 June 2018."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations do not expand or narrow substantive rights under the Act; they prescribe procedures for hearings and criteria for Council decisions on further leases/licences and so operate within the Act's existing scope (Regs 4–6; Sch 1)."},"complexity_factors":["Cross-references to the Aboriginal Lands Act 1995 (notably sections 28 and 29) require reading the Act alongside these regulations (Reg 4; Sch 1).","Broad procedural discretion granted to the Commissioner (determining hearing place; informality; not bound by rules of evidence) creates interpretive latitude (Regs 5(1), 6(3)).","Confidentiality exceptions allow private evidence where cultural or other confidentiality interests prevail, including specific protection for Aboriginal historical/cultural matters — necessitates case-by-case judgment (Reg 6(2)(a)–(c)).","Prescribed public-notice requirement (publication in at least three newspapers) creates a concrete operational and cost burden for giving notice of appeals (Reg 5(2)).","Schedule 1 lists substantive decision factors (cultural, management-plan, connection, past adverse effects, local Aboriginal group agreement) that require factual inquiry and local consultation (Sch 1(1)–(2)).","Limited definitions in the regulations mean users must consult external legislation for full meaning (definition of Act and Commissioner in Reg 3)."],"plain_english_summary":"These regulations set out procedural rules and decision-guidance under the Aboriginal Lands Act 1995 for renewal of leases and licences and for appeals. They prescribe public notice and hearing procedures (with narrow confidentiality exceptions) and give Councils the Schedule 1 factors to use when deciding further leases or licences.\n\nThey affect Aboriginal councils, local Aboriginal groups, applicants and lessees: councils and applicants carry consultation and compliance costs, while the Commissioner holds broad discretion over hearing location, formality and confidential evidence (Regs 4–6; Sch 1)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations appear tightly focused on their original purpose: operationalising the parent Act's provisions regarding lease/licence decision-making criteria and appeal procedures. There is no evidence of scope creep — the content directly supports sections 28 and 29 of the Aboriginal Lands Act 1995 without expanding into unrelated areas."},"complexity_factors":["Only 2 defined terms in the interpretation section ('Act' and 'Commissioner')","Straightforward procedural structure with 6 regulations plus a short schedule","Limited cross-referencing — primarily references back to the parent Aboriginal Lands Act 1995","Simple conditional logic in section 6(2) with three alternative grounds for private hearings, but these are clearly enumerated rather than nested","No exceptions to exceptions or deeply layered subsections","Schedule 1 guidelines use plain English criteria rather than technical legal tests","Total length is brief — approximately 2 pages of substantive content"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out practical rules for how decisions are made about **Aboriginal land in Tasmania** — specifically, when the Aboriginal Land Council of Tasmania considers granting new leases or licences over land it manages.\n\n**Who it affects:**\n\n- **The Aboriginal Land Council of Tasmania** — the body that makes decisions about leasing Aboriginal land\n- **The Tasmanian Planning Commission's Executive Commissioner** — who hears appeals if someone disagrees with a leasing decision\n- **Aboriginal groups and communities** — who have a say in whether leases are granted and can participate in appeal hearings\n- **Anyone seeking to lease or licence Aboriginal land** — farmers, businesses, or other users\n\n**Key things the regulations do:**\n\n- **Set guidelines for decision-making** (Schedule 1): Before granting a lease, the Council must consider whether it would harm Aboriginal cultural interests, damage the land, conflict with management plans, or cut Aboriginal people's connection to country. They must also check if the local Aboriginal community agrees.\n\n- **Establish appeal procedures**: If someone appeals a leasing decision, the Commissioner decides where to hold the hearing, must advertise it in at least 3 Tasmanian newspapers, and generally holds hearings in public.\n\n- **Protect sensitive information**: The Commissioner can hear evidence in private if it involves confidential matters or Aboriginal historical/cultural information that witnesses don't want shared publicly.\n\n- **Flexible hearing rules**: The Commissioner isn't bound by strict court procedures or evidence rules — they can gather information however they see fit.\n\n**Why it matters:**\n\nThese regulations create a balance between **economic use of Aboriginal land** (through leases and licences) and **protection of Aboriginal cultural heritage and community wishes**. They ensure Aboriginal voices are heard in land management decisions and provide a fair, accessible process for challenging decisions while respecting cultural sensitivities."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-lands-regulations-2018","history":"/api/acts/aboriginal-lands-regulations-2018/history","analysis":"/api/acts/aboriginal-lands-regulations-2018/analysis","conflicts":"/api/acts/aboriginal-lands-regulations-2018/conflicts","importantCases":"/api/acts/aboriginal-lands-regulations-2018/important-cases","documents":"/api/acts/aboriginal-lands-regulations-2018/documents"}}