The Act establishes representative Aboriginal Land Councils (NSWALC and local LALCs), vests land and property in them, and creates governance, financial reporting and audit rules to enable land acquisition, development and community benefit schemes (including housing). It centralises approval and oversight with NSWALC and regulatory powers for the Registrar and Minister (including appointing administrators), affecting Aboriginal communities, LALC members, council staff and private partners by enabling land‑based enterprise while imposing approval, reporting and compliance costs.
The Aboriginal Land Rights Act 1983 (NSW) (the Act) establishes a statutory framework for the recognition and exercise of Aboriginal land rights in New South Wales. At its core, the Act operates through a two-tiered system of representative bodies: Local Aboriginal Land Councils (LALCs) constituted under s 50 for defined geographic areas, and the New South Wales Aboriginal Land Council (NSWALC) constituted under s 104 as the peak body.
The primary mechanism for land acquisition is the claim process in s 36. An LALC or NSWALC may lodge a claim over “claimable Crown lands”—lands vested in the Crown that are not lawfully used or occupied, not required for an essential public purpose, not needed for residential development, and not subject to certain native title applications or determinations (s 36(1)). The Crown Lands Minister must grant the claim by transfer in fee simple (subject to existing native title rights and interests under s 36(9)) if satisfied the lands meet the statutory criteria, or refuse it with appeal rights to the Land and Environment Court under s 36(6)–(7). Certificates issued by the Crown Lands Minister under s 36(8) are conclusive evidence of essential public purpose or residential need and are not reviewable.
The Act has been substantially expanded since 1983. Division 4 of Part 2 (ss 40–42P, inserted by the Aboriginal Land Rights Amendment Act 2009) imposes a comprehensive approval regime for “land dealings”. A “land dealing” is broadly defined in s 40(1) to include sale, lease, mortgage, subdivision, development applications, conservation agreements, and any prescribed action affecting an LALC’s or NSWALC’s interest in land. LALCs cannot deal with land without NSWALC approval under s 42E (subject to limited exceptions for short-term leases). NSWALC must assess whether the dealing is in the interests of LALC members and Aboriginal people in the area (s 42G(2)–(3)), having regard to the community, land and business plan, cultural heritage, and financial implications. Approved dealings require dealing approval certificates (s 41) and, for registrable instruments, registration approval certificates (s 42K). Breaches render dealings void (s 42C(1)). Additional safeguards include registration prohibition notices (s 42O) and land dealing approval agreements that run with the land (s 42N).
Current sections
Direct links to the current provisions in Aboriginal Land Rights Act 1983.
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), the several provisions of this Act shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3
Purpose of Act
3 Purpose of Act
3 Purpose of Act
The purposes of this Act are as follows—
(a) to provide land rights for Aboriginal persons in New South Wales,
(b) to provide for representative Aboriginal Land Councils in New South Wales,
(c) to vest land in those Councils,
(d) to provide for the acquisition of land, and the management of land and other assets and investments, by or for those Councils and the allocation of funds to and by those Councils,
(e) to provide for the provision of community benefit schemes by or on behalf of those Councils.
s 3: Rep 1986 No 18, Sch 1 (1). Ins 2001 No 118, Sch 1 [1]. Am 2006 No 111, Sch 1 [2] [3].
4
Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
Aboriginal Land Council means the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council.
Aboriginal owners of land means the Aboriginal persons whose names are entered on the Register of Aboriginal Owners because of the persons’ cultural association with particular land.
Note.
An Aboriginal person’s name and other relevant information is entered in the Register of Aboriginal Owners.
Aboriginal person means a person who—
(a) is a member of the Aboriginal race of Australia, and
(b) identifies as an Aboriginal person, and
(c) is accepted by the Aboriginal community as an Aboriginal person.
adult Aboriginal person means an Aboriginal person who has attained the age of 18 years.
Board means a Board of a Local Aboriginal Land Council.
Board member means a member of a Board of a Local Aboriginal Land Council.
code of conduct means the code of conduct that applies to an Aboriginal Land Council by the operation of this Act.
Commonwealth Native Title Act or NTA means the Native Title Act 1993 of the Commonwealth.
community benefit means a benefit or service provided for the benefit of Aboriginal persons, and may include, but is not limited to, the following—
(a) funeral funds,
(b) residential accommodation,
(c) education and training,
(d) scholarships and other assistance for education and training,
(e) cultural activities,
(f) child care,
(g) aged care services.
community benefits scheme means a scheme for the provision of community benefits funded wholly or in part by an Aboriginal Land Council.
community development levy means the levy payable under Division 4A of Part 2.
community, land and business plan means a plan prepared and approved under Division 6 of Part 5 or Division 5 of Part 7.
compliance direction means a direction issued by the Registrar under Part 12.
councillor means a member of the New South Wales Aboriginal Land Council.
Court means the Land and Environment Court.
investigator means a person appointed under section 216 to investigate the affairs, or specified affairs, of an Aboriginal Land Council.
land includes any estate or interest in land, whether legal or equitable.
land claim means a claim for land made under section 36.
Local Aboriginal Land Council means a Local Aboriginal Land Council constituted under this Act.
Local Aboriginal Land Council area means a Local Aboriginal Land Council area constituted under this Act.
native title or native title rights and interests has the same meaning as in the Commonwealth Native Title Act.
New South Wales Aboriginal Land Council means the New South Wales Aboriginal Land Council constituted under this Act.
non-voting member, of a Local Aboriginal Land Council, means a member of that Council who does not have voting rights in relation to that Council.
(a) in relation to a Local Aboriginal Land Council, a Board member of the Council, or
(b) in relation to the New South Wales Aboriginal Land Council, a councillor.
records includes any of the following (whether in a written or electronic form)—
(a) financial statements (including statements or lists of assets or liabilities),
(b) bank statements or other authorised deposit-taking institution statements,
(c) membership rolls,
(d) voting rolls,
(e) minutes of meetings,
(f) attendance lists of meetings,
(g) leases, contracts and other documents relating to arrangements to which an Aboriginal Land Council is a party.
Region means a Region specified in Schedule 5.
Register of Aboriginal Land Claims means the Register of Aboriginal Land Claims established under Division 2 of Part 9.
Register of Aboriginal Owners means the Register of Aboriginal Owners established under Division 3 of Part 9.
Registrar means the Registrar appointed under this Act.
regulations means regulations made under this Act.
relative, in relation to a person, means any of the following—
(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse or de facto partner,
(b) the spouse or de facto partner of the person or of a person referred to in paragraph (a).
rules means the rules of an Aboriginal Land Council that apply to the Council by the operation of this Act.
satisfactory financial statements and documents means financial statements and documents furnished to the New South Wales Aboriginal Land Council under Division 2 of Part 8 by a Local Aboriginal Land Council that are determined by the New South Wales Aboriginal Land Council to be satisfactory in accordance with the requirements of that Division.
short-term residential tenancy agreement means a residential tenancy agreement—
(a) that is a fixed term agreement (within the meaning of the Residential Tenancies Act 2010) for a term of less than 3 years (including any option to renew the agreement) or is a periodic agreement (within the meaning of that Act), and
(b) where the only parties to the agreement are a Local Aboriginal Land Council and one or more natural persons.
voting member, of a Local Aboriginal Land Council, means a member of that Council who has voting rights in relation to that Council.
voting rights, in relation to a Local Aboriginal Land Council, means the right of a member of the Council to vote in the elections held by, and on any matter to be decided by, the Council.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) A reference in this Act to—
(a) a function includes a reference to a power, authority and duty, and
(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(3) The Chairperson of an Aboriginal Land Council may be referred to as the Chairman or Chairwoman, as the case requires.
(4) Notes included in this Act are explanatory notes and do not form part of this Act.
s 4: Am 1986 No 18, Sch 1 (2); 1994 No 45, Sch 1; 1996 No 142, Sch 2 [1]; 2001 No 118, Sch 1 [2] [3]; 2006 No 111, Sch 1 [4]–[11]; 2008 No 23, Sch 3.1 [1] [2]; 2009 No 58, Sch 1 [1] [2]; 2010 No 19, Sch 3.1 [1]; 2010 No 59, Sch 1.1 [1]; 2011 No 56, Sch 1 [1]; 2013 No 95, Sch 1.1 [1]; 2014 No 75, Sch 1 [3]–[7]; 2022 No 68, Sch 3[1].
5
5
5–34C (Repealed)
Part 2
Land rights
Part 2 Land rights
Part 2 Land rights
pt 2 (as originally enacted): Rep 2001 No 118, Sch 1 [4].
pt 2 (previously Part 6): Renumbered 2001 No 118, Sch 1 [5].
Division 1
Division 1
Division 1
35 (Repealed)
pt 2, div 1 (s 35): Rep 2001 No 118, Sch 1 [6].
Division 2
Claimable Crown lands
Division 2 Claimable Crown lands
Division 2 Claimable Crown lands
36
Claims to Crown lands
36 Claims to Crown lands
36 Claims to Crown lands
(1) In this section, except in so far as the context or subject-matter otherwise indicates or requires—
claimable Crown lands means lands vested in Her Majesty that, when a claim is made for the lands under this Division—
(b1) do not comprise lands which, in the opinion of a Crown Lands Minister, are needed or are likely to be needed as residential lands,
(c) are not needed, nor likely to be needed, for an essential public purpose, and
(d) do not comprise lands that are the subject of an application for a determination of native title (other than a non-claimant application that is an unopposed application) that has been registered in accordance with the Commonwealth Native Title Act, and
(e) do not comprise lands that are the subject of an approved determination of native title (within the meaning of the Commonwealth Native Title Act) (other than an approved determination that no native title exists in the lands).
(2) The New South Wales Aboriginal Land Council may make a claim for land on its own behalf or on behalf of one or more Local Aboriginal Land Councils.
(3) One or more Local Aboriginal Land Councils may make a claim for land within its or their area or, with the approval of the Registrar, outside its or their area.
(4) A claim under subsection (2) or (3)—
(a) shall be in writing and, if a form for making such a claim has been prescribed, shall be in or to the effect of that form,
(b) shall describe or specify the lands in respect of which it is made,
(b1) (Repealed)
(c) shall be lodged with the Registrar, who shall refer a copy thereof (together with a copy of any approval necessary under subsection (3)) to the Crown Lands Minister or, if there is more than one Crown Lands Minister, to each of them.
(4A) The Registrar may refuse to refer a claim, or part of a claim, to the Crown Lands Minister if the Registrar is satisfied that—
(a) the claim, or the part of the claim, relates to lands that are not vested in Her Majesty, or
(b) the claim, or the part of the claim, has been made in contravention of an undertaking given by the claimant in an Aboriginal Land Agreement recorded in the register of Aboriginal Land Agreements under section 36AA while such an undertaking remains in force.
(4B) Before refusing to refer a claim, or part of a claim, to the Crown Lands Minister, the Registrar must—
(a) inform the claimant, by notice in writing, of the Registrar’s intention to refuse to refer the claim, or the part of the claim, and the reasons for the refusal, and
(b) invite the claimant to provide further information supporting the claim, or part of the claim, within 28 days of the giving of the notice (or such greater period as may be specified in the notice), and
(c) consider any further information provided by the claimant within that period.
(4C) If the Registrar has not referred a claim, or any part of a claim, to the Crown Lands Minister within 60 days after the claim was lodged with the Registrar or by the end of the period within which the claimant has been invited to provide further information supporting the claim, the Registrar is taken to have refused to refer the claim, or the part of the claim, to the Crown Lands Minister.
(4D) An Aboriginal Land Council may appeal to the Court against a refusal to refer the claim, or any part of the claim, to the Crown Lands Minister.
(4E) The Court is to hear and determine any appeal made to it under subsection (4D) and may order that the claim, or any part of the claim, be referred to the Crown Lands Minister if the Registrar fails to satisfy the Court that—
(a) the claim, or the part of the claim, relates to lands that are not vested in Her Majesty, or
(b) the claim, or the part of the claim, has been made in contravention of an undertaking given by the claimant in an Aboriginal Land Agreement recorded in the register of Aboriginal Land Agreements under section 36AA while such an undertaking remains in force.
(5) A Crown Lands Minister to whom a claim for lands (being lands which are, or, but for any restriction on their sale or lease, would be, able to be sold or leased under a provision of an Act administered by the Crown Lands Minister) has been referred under subsection (4) shall—
(a) if the Crown Lands Minister is satisfied that—
(i) the whole of the lands claimed is claimable Crown lands, or
(ii) part only of the lands claimed is claimable Crown lands,
grant the claim by transferring to the claimant Aboriginal Land Council (or, where the claim is made by the New South Wales Aboriginal Land Council, to a Local Aboriginal Land Council (if any) nominated by the New South Wales Aboriginal Land Council) the whole or that part of the lands claimed, as the case may be, or
(b) if the Crown Lands Minister is satisfied that—
(i) the whole of the lands claimed is not claimable Crown lands, or
(ii) part of the lands claimed is not claimable Crown lands,
refuse the claim or refuse the claim to the extent that it applies to that part, as the case may require.
(5AA) The Crown Lands Minister to whom a claim for lands has been referred must not grant a claim under subsection (5) if the Crown Lands Minister is satisfied that the claimant has entered into an Aboriginal Land Agreement under section 36AA that includes an undertaking by the claimant not to lodge a claim in respect of the lands claimed or to withdraw such a claim.
(5AB) An Aboriginal Land Council may appeal to the Court against a decision of the Crown Lands Minister under subsection (5AA).
(5AC) The Court is to hear and determine any appeal made to it under subsection (5AB) and may order the Crown Lands Minister to determine the claim if the Crown Lands Minister fails to satisfy the Court that the claimant has entered into an Aboriginal Land Agreement under section 36AA that includes an undertaking by the claimant not to lodge a claim in respect of the lands claimed or to withdraw such a claim.
(5A) Where, under subsection (5), a Crown Lands Minister is not satisfied that the whole or part of the lands claimed is claimable Crown lands because the lands are needed, or likely to be needed, for an essential public purpose, but that the need for the lands for the public purpose would be met if the claim were to be granted in whole or in part subject to the imposition of a condition (whether by way of covenant or easement or in any other form) relating to the use of the lands, the Crown Lands Minister may, notwithstanding that subsection, where the condition is agreed to by the Aboriginal Land Council making the claim, grant the claim under that subsection subject to the imposition of the condition.
(6) An Aboriginal Land Council may appeal to the Court against a refusal under subsection (5)(b) of a claim made by it.
(7) The Court shall hear and determine any appeal made to it under subsection (6) in respect of any lands claimed and may, if the relevant Crown Lands Minister fails to satisfy the Court that the lands or a part thereof are not or is not claimable Crown lands, order that the lands or the part, as the case may be, be transferred to the claimant Aboriginal Land Council or, where the claim is made by the New South Wales Aboriginal Land Council, to a Local Aboriginal Land Council (if any) nominated by the New South Wales Aboriginal Land Council.
(8) A certificate being—
(a) a certificate issued by a Crown Lands Minister stating that any land the subject of a claim under this section and specified in the certificate is needed or is likely to be needed as residential land, or
(b) a certificate issued by a Crown Lands Minister, after consultation with the Minister administering this Act, stating that any land the subject of a claim under this section and specified in the certificate is needed or likely to be needed for an essential public purpose,
shall be accepted as final and conclusive evidence of the matters set out in the certificate and shall not be called into question in any proceedings nor liable to appeal or review on any grounds whatever.
(9) Except as provided by subsection (9A), any transfer of lands to an Aboriginal Land Council under this section shall be for an estate in fee simple but shall be subject to any native title rights and interests existing in relation to the lands immediately before the transfer.
(9A) Where the transfer of lands to an Aboriginal Land Council under this section is of land to which the Western Lands Act 1901 applies but which is not within an area determined by the Minister administering that Act as being the urban area of a city, town or village, the transfer shall be effected by the granting to the Council of a lease in perpetuity under that Act but shall be subject to any native title rights and interests existing in relation to the lands immediately before the transfer.
(9B) A lease referred to in subsection (9A)—
(a) may be granted without the necessity for the payment of any rent under the lease or may require the payment of a nominal rent, and
(b) notwithstanding the Western Lands Act 1901, shall not be cancelled unless the Minister administering that Act has consulted with the Minister administering this Act.
(9C) Land transferred under this section to 2 or more Aboriginal Land Councils may be transferred to those Councils as joint tenants or as tenants in common.
(10) A transfer of lands pursuant to this section operates to revoke any dedication or reservation under the Crown Lands Consolidation Act 1913 to which the lands were subject immediately before the transfer.
(11) Where, by reason of the existence of a forestry right (within the meaning of section 87A of the Conveyancing Act 1919) granted in respect of them or of an easement over them, any lands claimed under this section could not, but for this subsection, be regarded by a Crown Lands Minister as claimable Crown lands, the Crown Lands Minister may, for the purposes of this section, treat the lands as claimable Crown lands.
(12) A transfer of lands pursuant to this section is subject to the following—
(a) any easements affecting the lands immediately before the transfer,
(b) any condition imposed under subsection (5A),
(c) any forestry right within the meaning of section 87A of the Conveyancing Act 1919, and any restriction on use or covenant imposed under Division 4 of Part 6 of that Act in connection with that forestry right, in force in respect of the lands immediately before the transfer.
(13) Where the transfer of lands in accordance with this section would not, but for this subsection, be authorised by the Crown Lands Consolidation Act 1913 or the Western Lands Act 1901, the transfer of the lands in accordance with this section shall be deemed to have been authorised by whichever of those Acts the lands were subject to immediately before the transfer.
(14) The New South Wales Aboriginal Land Council or a Local Aboriginal Land Council may request a Crown Lands Minister to supply or cause to be supplied to it such information in relation to the Crown land or dealings in Crown land as is specified in the request and the Crown Lands Minister shall, so far as is reasonably practicable, comply with that request.
(15) Duty under the Duties Act 1997 is not payable in respect of a transfer of lands in accordance with this section.
(16) The definition of claimable Crown lands in subsection (1) is taken to include land vested in Property and Development NSW that complies with paragraphs (a)–(e) of that definition and that was, immediately before it vested in that Authority, claimable Crown lands within the meaning of that definition.
(17) The provisions of this section are modified as follows in relation to its application to land vested in Property and Development NSW—
(a) subsection (4)(c) requires the Registrar to refer a copy of a claim in relation to the land to the Minister administering the Property and Development NSW Act 2006 in addition to the other Ministers referred to in that paragraph,
(b) a reference in subsection (5) to the Crown Lands Minister granting a claim by making a transfer referred to in that subsection is to be read as the Crown Lands Minister granting a claim and requiring Property and Development NSW to transfer the relevant land as referred to in that subsection,
(c) a reference in subsection (14) to a Crown Lands Minister is to be read as a reference to Property and Development NSW,
(d) a reference in subsection (14) to Crown land is a reference to land vested in Property and Development NSW that, immediately before it was vested in that Authority, was Crown land.
(18) In accordance with a requirement by a Crown Lands Minister under subsection (5) (as modified by subsection (17)(b)), Property and Development NSW is to transfer land vested in it in relation to which a claim has been granted by that Minister, subject to the taking of any action required to implement a condition imposed under subsection (5A) on the grant of the claim.
s 36: Am 1986 No 18, Sch 1 (13); 1990 No 60, Sch 2 (2); 1994 No 45, Sch 1; 1998 No 88, Sch 2 [2] [3]; 2006 No 40, Sch 3.1; 2006 No 85, Sch 4 [1] [2]; 2006 No 111, Sch 1 [12] [13]; 2014 No 75, Sch 1 [8] [9]; 2022 No 68, Sch 1[1]; 2024 No 27, Sch 2.1[1] [2].
36AA
Aboriginal Land Agreements
36AA Aboriginal Land Agreements
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.
s 36AA: Ins 2014 No 75, Sch 1 [10]. Am 2018 No 25, Sch 1.1.
36A
Special provision concerning certain Crown lands having nature conservation value
36A Special provision concerning certain Crown lands having nature conservation value
36A Special provision concerning certain Crown lands having nature conservation value
(1) This section applies in relation to lands that—
(a) are the subject of a claim by one or more Aboriginal Land Councils under section 36, and
(b) the Crown Lands Minister is satisfied would be claimable Crown lands except for the fact that the lands are needed, or likely to be needed, for the essential public purpose of nature conservation.
(2) If the Aboriginal Land Council or Councils making the claim agree to the imposition of the conditions that, before the grant of a claim to lands to which this section applies, the Aboriginal Land Council or Councils—
(a) must negotiate a lease of the lands, that complies with the requirements of Part 4A of the NPW Act, with the Minister administering that Act, and
(b) must agree—
(i) to enter into a lease of the lands to the Minister administering the NPW Act in the terms negotiated in accordance with paragraph (a), and
(ii) to the simultaneous reservation or dedication of the lands under the NPW Act, and
(iii) to hold the lands as lands reserved or dedicated under the NPW Act, and
(iv) to comply with the requirements of the NPW Act and, in particular, the requirements of Part 4A of that Act in relation to the lands,
the Crown Lands Minister may, despite section 36(5)(b), grant a claim to lands to which this section applies.
Note.
Part 4A of the NPW Act deals with lands, reserved or dedicated under that Act, that are vested in an Aboriginal Land Council or Councils and are leased by that Council or those Councils to the Minister administering that Act.
(3) The Crown Lands Minister must not grant a claim to lands to which this section applies unless the Minister administering the NPW Act—
(a) has agreed to the reservation or dedication of the lands under Division 4 of Part 4A of that Act, and
(b) has notified the Crown Lands Minister in writing that a lease, negotiated in pursuance of subsection (2) with the Aboriginal Land Council or Councils concerned, is acceptable to the Minister and has been executed in escrow by the proposed parties to it.
Note.
Division 4 of Part 4A of the NPW Act deals with the reservation or dedication and leasing under that Act of lands to which section 36A applies that have been granted by the Crown Lands Minister to an Aboriginal Land Council or Councils under this Act.
(4) If a claim by one or more Aboriginal Land Councils relates partly to lands to which this section applies and partly to other lands, nothing in this section prevents the Crown Lands Minister from granting the claim—
(a) as to so much of the lands to which this section applies—subject to and in accordance with this section, and
(b) as to the balance of the lands—in accordance with the other provisions of this Part.
(5) This section does not limit section 36 and the provisions of that section (in so far as they are applicable) apply to the lands to which this section applies, and to their transfer.
(6) Parts 3 and 4 do not apply to lands to which this section applies on and from the date of their reservation or dedication under the NPW Act.
(7) In this section, claimable Crown lands and Crown Lands Minister have the same meanings as in section 36.
s 36A: Ins 1996 No 142, Sch 2 [6]. Am 2001 No 118, Sch 1 [7].
36B
Special provisions relating to Crown lands subject of land claim
36B Special provisions relating to Crown lands subject of land claim
36B Special provisions relating to Crown lands subject of land claim
(1) Despite anything to the contrary in the Crown Lands Act 1989, if an Aboriginal Land Council has appealed to the Court against a refusal of a land claim made by it in relation to any land, the Crown Lands Minister must not, by any act or omission, cause anything to occur in relation to that land that would cause a claim (if any) lodged in relation to that land before the final determination of the appeal to be unsuccessful.
(2) Subsection (1) does not prohibit the extension or continuance of an existing lawful use of the land to which the claim relates or anything done with the consent of the relevant Aboriginal Land Council.
(3) If an Aboriginal Land Council has appealed to the Court against the refusal of a land claim or part of a land claim, a land claim may not be made in relation to the land the subject of the appeal until the final determination of the appeal.
s 36B: Ins 2014 No 75, Sch 1 [11].
37
Aboriginal lands in travelling stock reserves
37 Aboriginal lands in travelling stock reserves
37 Aboriginal lands in travelling stock reserves
(1) Where a claim by an Aboriginal Land Council is lodged under section 36 in respect of land which is or is part of a travelling stock reserve within the meaning of the Local Land Services Act 2013 (not being a travelling stock reserve in the Western Division within the meaning of the Crown Lands Act 1989), the Registrar shall, in addition to complying with section 36(4)(c), refer a copy of the claim to Local Land Services.
(3) Subject to subsection (4), the Crown Lands Minister within the meaning of section 36 may, in respect of the land referred to in subsection (1), enter into an agreement with the claimant Aboriginal Land Council so referred to, so as to achieve the following purposes—
(a) the vesting of the freehold title to that land, subject to any existing easements, in the claimant Aboriginal Land Council,
(b) the leasing in perpetuity of that land to Her Majesty at a nominal rent,
(c) the preparation of a plan of management in respect of that land giving the claimant Aboriginal Land Council or Aboriginal persons defined rights, or conferring or imposing on the claimant Aboriginal Land Council or on Aboriginal persons defined functions, in respect of that land.
(4) The Minister referred to in subsection (3) shall not enter into an agreement under that subsection in respect of land unless the Minister is satisfied that Aboriginal persons have traditional rights to the land or that Aboriginal persons have had a long association with the land.
(4A) The Minister referred to in subsection (3) shall not enter into an agreement under that subsection in respect of land which is or is part of a travelling stock reserve within the meaning of the Local Land Services Act 2013 without the approval of the Minister administering that Act.
(5) For the purposes of giving effect to an agreement referred to in subsection (3)—
(a) the Minister so referred to may, by notification published in the Gazette, vest the freehold title to land, subject to any existing easements, in the claimant Aboriginal Land Council and that notification shall have effect according to its tenor, and
(b) the Minister so referred to and the claimant Aboriginal Land Council may execute any necessary instruments.
(6) Subject to any plan of management prepared as referred to in subsection (3) in respect of the land, the vesting of the freehold title to any land in an Aboriginal Land Council, and the holding of the land under perpetual lease by Her Majesty, under this section shall not affect—
(a) the application of the provisions of the Local Land Services Act 2013, or regulations under that Act, to the land, or
(b) the status of the land for the purposes of any other law, other than a law relating to the registration of titles.
(7) There shall be no appeal against, or review of, a decision of the Minister referred to in subsection (3) not to enter into an agreement under this section.
(8) Duty under the Duties Act 1997 is not payable in respect of an agreement or other instrument executed for the purposes of this section.
s 37: Am 1986 No 18, Sch 1 (14); 1998 No 143, Sch 6.1 [1]–[4]; 2006 No 111, Sch 1 [14]; 2013 No 51, Sch 7.1 [1] [2]; 2013 No 66, Sch 1 [1].
Division 3
Acquisition of other lands
Division 3 Acquisition of other lands
Division 3 Acquisition of other lands
38
Purchase, lease etc of property
38 Purchase, lease etc of property
38 Purchase, lease etc of property
(1) The New South Wales Aboriginal Land Council or a Local Aboriginal Land Council may purchase, take on lease or hold any property or may acquire property by gift inter vivos, devise or bequest.
(1A) Despite subsection (1), a Local Aboriginal Land Council may purchase land only if—
(a) the purchase price for the land is not more than 15% above the market value of the land, as assessed by a qualified valuer who is appointed by the Local Aboriginal Land Council, or
(b) the New South Wales Aboriginal Land Council has given its written approval to that purchase, or
(c) the purchase is for nominal consideration.
(2) The New South Wales Aboriginal Land Council or a Local Aboriginal Land Council may agree to the condition of any gift, devise or bequest to it, and the rule of law relating to perpetuities does not apply to any condition to which the Council has agreed under this section.
(3) Property acquired by the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council subject to a condition to which the Council has agreed shall not be dealt with by the Council except in accordance with the condition.
(4) (Repealed)
(5) Nothing in this Act prevents the vesting of lands pursuant to Division 3 of Part 4A of the NPW Act in more than one Local Aboriginal Land Council as tenants in common.
Note.
Division 3 of Part 4A of the NPW Act deals, among other matters, with the vesting in an Aboriginal Land Council or Councils of lands, reserved or dedicated under that Act, that are of cultural significance to Aboriginals and that are listed in Schedule 14 to that Act.
(6) Subject to the regulations, a reference in this section to a qualified valuer is a reference to a person who—
(a) has membership of the Australian Valuers Institute (other than associate or student membership), or
(b) has membership of the Australian Property Institute (other than student or provisional membership), acquired in connection with his or her occupation as a valuer, or
(c) has membership of the Royal Institution of Chartered Surveyors as a chartered valuer, or
(d) is of a class prescribed by the regulations.
s 38: Am 1990 No 60, Sch 2 (3); 1996 No 142, Sch 2 [7]; 2001 No 118, Sch 1 [8] [9]; 2003 No 4, Sch 1.1; 2013 No 66, Sch 1 [2] [3]; 2015 No 48, Sch 1.1 [1] [2]; 2022 No 68, Sch 1[2] [3].
39
Acquisition of land
39 Acquisition of land
39 Acquisition of land
(1) The Minister may, for the purposes of this Act, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) The Minister may do so only if the Minister is of the opinion that there are exceptional circumstances which warrant the acquisition of land for the purpose of satisfying the objectives of this Act.
(3) If so required by the Minister, the New South Wales Aboriginal Land Council or the Local Aboriginal Land Council is to make provision to the satisfaction of the Minister for the payment of the purchase price or of compensation for compulsory acquisition (together with all necessary charges and expenses incidental to the acquisition).
(4) The Minister may transfer land acquired under this section to an Aboriginal Land Council or other organisation or body established for the benefit of Aboriginal persons.
(5) For the purposes of the Public Works Act 1912, an acquisition of land under this section is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.
(6) Part 3 of the Public Works Act 1912 does not apply in respect of works constructed under this Act.
s 39: Subst 1992 No 57, Sch 2. Am 2013 No 66, Sch 1 [1].
Division 4
Land dealings by Aboriginal Land Councils
Division 4 Land dealings by Aboriginal Land Councils
Division 4 Land dealings by Aboriginal Land Councils
pt 2, div 4: Subst 2009 No 58, Sch 1 [3].
40
Interpretation
40 Interpretation
40 Interpretation
(1) In this Division and Division 4A—
agreement includes an arrangement.
deal with land means—
(a) sell, exchange, lease, mortgage, dispose of, or otherwise create or pass a legal or equitable interest in, land, or
(b) grant an easement or covenant over land or release an easement or covenant benefiting land, or
(f) subdivide or consolidate land so as to affect, or consent to a plan of subdivision or consolidation of land that affects, the interests of an Aboriginal Land Council in that land, or
(g) make a development application in relation to land, or
(h) any other action (including executing an instrument) relating to land that is prescribed by the regulations.
Note.
In this Act, a reference to land includes any estate or interest in land, whether legal or equitable (see section 4(1)).
(a) an instrument (other than a caveat or registration prohibition notice) giving effect to or forming part of a land dealing (within the meaning of this Division) that is registrable or capable of being made registrable under the Real Property Act 1900 or in respect of which a recording is required or permitted (under that or any other Act or Commonwealth Act) to be made in the Register maintained under that Act, or
(b) a plan that is required or permitted to be registered under Division 3 of Part 23 of the Conveyancing Act 1919 and that is or gives effect to or forms part of a land dealing (within the meaning of this Division), or
(c) an instrument (other than a registration prohibition notice) giving effect to or forming part of a land dealing (within the meaning of this Division) that is registrable or in respect of which a recording is required or permitted to be made in the General Register of Deeds.
registration approval certificate—see section 41.
registration prohibition notice—see section 42O.
(2) For the purposes of this Division, land is vested in an Aboriginal Land Council if—
(a) the Council has a legal interest in the land, or
(a1) the land is the whole or part of land that is, pursuant to an Aboriginal Land Agreement under section 36AA, to be transferred to the Council, or
(b) the land is the whole or part of land the subject of a claim under section 36 and—
(i) the Crown Lands Minister is satisfied that the land is claimable Crown land under section 36, or
(ii) the Court has ordered under section 36(7) that the land be transferred to the Council,
and the land has not been transferred to the Council.
(3) In this Division, an Aboriginal Land Council is taken to make a development application for land vested in the Council if the Council consents to such an application by another person.
(4) For the purposes of this Division, land is of cultural and heritage significance to Aboriginal persons if the land is significant in terms of the traditions, observances, customs, beliefs or history of Aboriginal persons.
s 40: Am 1986 No 18, Sch 1 (15). Subst 1990 No 60, Sch 5. Am 2001 No 118, Sch 1 [10]. Subst 2009 No 58, Sch 1 [3]. Am 2011 No 22, Sch 2.1; 2013 No 66, Sch 1 [1]; 2014 No 75, Sch 1 [12].
40AA
40AA
40AA–40D (Repealed)
41
Certificates—land vested in Aboriginal Land Councils
41 Certificates—land vested in Aboriginal Land Councils
41 Certificates—land vested in Aboriginal Land Councils
(1) A dealing approval certificate—
(a) for a land dealing relating to land vested in the New South Wales Aboriginal Land Council, is a certificate in the prescribed form signed by the Chief Executive Officer of the New South Wales Aboriginal Land Council that the dealing complies with section 42D, or
(b) for a land dealing relating to land vested in a Local Aboriginal Land Council, is a certificate in the prescribed form signed by the Chief Executive Officer of the New South Wales Aboriginal Land Council that the dealing has been approved by the New South Wales Aboriginal Land Council.
(2) A registration approval certificate for a registrable instrument relating to land vested in an Aboriginal Land Council is a certificate in the prescribed form signed by the Chief Executive Officer of the New South Wales Aboriginal Land Council that—
(a) the registration, under the Real Property Act 1900, of the instrument is authorised under this Act, or
(b) the registration, under Division 3 of Part 23 of the Conveyancing Act 1919, of the instrument is authorised under this Act, or
(c) the making of a recording in respect of the instrument in the Register or the General Register of Deeds is authorised under this Act.
(3) A dealing approval certificate signed by the Chief Executive Officer of the New South Wales Aboriginal Land Council is conclusive evidence of the matters certified in the certificate in favour of any person.
(4) Subsection (3) does not operate in favour of any person who had knowledge that any of the matters certified in the certificate was incorrect before the land dealing was completed (whether or not any subsequent registration was required or has taken place).
(5) A dealing approval certificate must set out any conditions of the relevant approval.
s 41: Subst 2009 No 58, Sch 1 [3].
42
Restrictions on dealing with land subject to native title
42 Restrictions on dealing with land subject to native title
42 Restrictions on dealing with land subject to native title
(1) An Aboriginal Land Council must not deal with land vested in it subject to native title rights and interests under section 36(9) or (9A) unless the land is the subject of an approved determination of native title (within the meaning of the Commonwealth Native Title Act).
(2) This section does not apply to or in respect of—
(a) the lease of land by the New South Wales Aboriginal Land Council or one or more Local Aboriginal Land Councils to the Minister administering the NPW Act under Part 4A of that Act in accordance with a condition imposed under section 36A(2), or
(b) a transfer of land to another Aboriginal Land Council, or
(c) a lease of land referred to in section 37(3)(b).
s 42: Subst 2009 No 58, Sch 1 [3].
42A
Restrictions on dealing with land reserved or dedicated under the NPW Act
42A Restrictions on dealing with land reserved or dedicated under the NPW Act
42A Restrictions on dealing with land reserved or dedicated under the NPW Act
(1) An Aboriginal Land Council must not deal with land that is vested in it and that is reserved or dedicated under Part 4A of the NPW Act except in accordance with that Act.
(2) This Division and Division 4A (other than sections 40, 42B and this section) do not apply to land referred to in subsection (1).
s 42A: Ins 2006 No 111, Sch 1 [17]. Subst 2009 No 58, Sch 1 [3].
42B
Appropriation or resumption of Aboriginal land
42B Appropriation or resumption of Aboriginal land
42B Appropriation or resumption of Aboriginal land
Despite anything in any Act, land vested in an Aboriginal Land Council must not be appropriated or resumed except by an Act of Parliament.
s 42B: Ins 2009 No 58, Sch 1 [3].
42C
Land dealings by Aboriginal Land Councils generally
42C Land dealings by Aboriginal Land Councils generally
42C Land dealings by Aboriginal Land Councils generally
(1) A land dealing by an Aboriginal Land Council in contravention of section 42D or 42E is void.
(2) This Division is in addition to any requirements of or under any other Act in relation to a land dealing.
(3) This section has effect despite any other Act or law.
s 42C: Ins 2009 No 58, Sch 1 [3].
42D
Land dealings by New South Wales Aboriginal Land Council
42D Land dealings by New South Wales Aboriginal Land Council
42D Land dealings by New South Wales Aboriginal Land Council
(1) The New South Wales Aboriginal Land Council must not deal with land vested in it unless—
(a) it has notified the Local Aboriginal Land Council (if any) for the area in which the land is situated in writing of the land affected and the type of proposed dealing, and
(b) it has considered any comments made by that Council within 28 days of that notice being given, and
(c) (Repealed)
(d) it has had regard to its community, land and business plan and any of its policies that are applicable, and
(e) if it is appropriate to do so in the circumstances, it has considered the cultural and heritage significance of the land to Aboriginal persons in determining whether to deal with the land, and
(f) the land dealing complies with a resolution of the New South Wales Aboriginal Land Council approving the dealing.
(2) The Chief Executive Officer of the New South Wales Aboriginal Land Council must give a dealing approval certificate for a land dealing by the Council if the Chief Executive Officer is satisfied that the Council has complied with this Division in relation to the dealing.
(3) The Chief Executive Officer of the New South Wales Aboriginal Land Council must give a registration approval certificate for an instrument if the Chief Executive Officer is satisfied that the instrument is a registrable instrument relating to a land dealing by the Council that complies with this Division.
(4) This section does not apply to or in respect of the following land dealings by the New South Wales Aboriginal Land Council—
(a) a lease for a period of less than 3 years (including any option to renew the lease),
(b) a land dealing prescribed by the regulations for the purposes of this section.
s 42D: Ins 2009 No 58, Sch 1 [3]. Am 2013 No 66, Sch 1 [1] [4].
42E
Approval required for land dealings by Local Aboriginal Land Councils
42E Approval required for land dealings by Local Aboriginal Land Councils
42E Approval required for land dealings by Local Aboriginal Land Councils
(1) A Local Aboriginal Land Council must not deal with land vested in it except in accordance with an approval of the New South Wales Aboriginal Land Council under section 42G.
(2) However, the approval of the New South Wales Aboriginal Land Council is not required for the following land dealings by a Local Aboriginal Land Council—
(a) a land dealing in relation to a lease for a period of less than 3 years (including any option to renew the lease) or a short-term residential tenancy agreement, other than a social housing management lease,
(b) a land dealing prescribed by the regulations for the purposes of this section.
(3) (Repealed)
(4) An agreement to deal with land vested in a Local Aboriginal Land Council that is made by the Council is, if the land dealing is not approved by the New South Wales Aboriginal Land Council and an approval is required, unenforceable against the Local Aboriginal Land Council.
(5) A person is not entitled to damages, or any other remedy, against a Local Aboriginal Land Council in respect of a warranty or other promise relating to an unenforceable agreement referred to in subsection (4).
(6) In this section—
social housing management lease means a lease (other than a residential tenancy agreement) entered into by a Local Aboriginal Land Council in relation to the provision or management of a community benefits scheme for residential accommodation for Aboriginal persons in its area.
(7) This section has effect despite any other Act or law.
Note.
Approval of a land dealing by a Local Aboriginal Land Council must be by resolution of the voting members (see section 52G(e)).
s 42E: Ins 2009 No 58, Sch 1 [3]. Am 2011 No 56, Sch 1 [2]; 2013 No 66, Sch 1 [5]; 2014 No 75, Sch 1 [13].
42F
Applications for approval of LALC land dealings by NSWALC and assessment fees
42F Applications for approval of LALC land dealings by NSWALC and assessment fees
42F Applications for approval of LALC land dealings by NSWALC and assessment fees
(1) A Local Aboriginal Land Council may apply to the New South Wales Aboriginal Land Council for the approval of a land dealing relating to land vested in the Local Aboriginal Land Council.
(2) An application by a Local Aboriginal Land Council to the New South Wales Aboriginal Land Council for approval of a dealing with land is—
(a) to be made in accordance with the regulations, and
(b) to contain the matters prescribed by the regulations, and
(c) to be accompanied by any application fee, and any documents, prescribed by the regulations.
(3) An application may also be accompanied by such additional documents and other information as the Local Aboriginal Land Council thinks fit.
(4) The New South Wales Aboriginal Land Council may require the Local Aboriginal Land Council to provide additional documents and other information in relation to an application.
(5) Regulations may be made for or with respect to the following—
(a) the fees that may be charged by the New South Wales Aboriginal Land Council for assessing and determining applications for approval of land dealings,
(b) without limiting paragraph (a), the fees that may be charged by the New South Wales Aboriginal Land Council with respect to the costs of appointing an expert advisory panel to assess an application for approval of a land dealing,
(c) waiver of assessment fees,
(d) provision of securities in respect of the payment of assessment fees,
(e) notice by the New South Wales Aboriginal Land Council to applicants for approval of proposed assessment fees or security arrangements and other matters relating to determination of the application,
(f) the circumstances in which the New South Wales Aboriginal Land Council may refuse to assess or determine an application.
s 42F: Ins 2009 No 58, Sch 1 [3].
42G
Approval of LALC land dealings by NSWALC
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.
s 42G: Ins 2009 No 58, Sch 1 [3]. Am 2013 No 66, Sch 1 [1].
42H
Reasons for refusal or conditions
42H Reasons for refusal or conditions
42H Reasons for refusal or conditions
If the New South Wales Aboriginal Land Council refuses an application for approval of a land dealing, or approves a land dealing subject to conditions, it must give the Local Aboriginal Land Council concerned a written statement of the reasons for the decision within 28 days after a request by that Local Aboriginal Land Council for the statement.
s 42H: Ins 2009 No 58, Sch 1 [3].
42I
Assessment of dealings by expert advisory panels
42I Assessment of dealings by expert advisory panels
42I Assessment of dealings by expert advisory panels
(1) The New South Wales Aboriginal Land Council may constitute expert advisory panels to assess applications for approval of land dealings by Local Aboriginal Land Councils.
(2) An expert advisory panel is to be constituted in accordance with the regulations.
(3) Regulations may be made for or with respect to the following—
(a) a register of persons eligible to be appointed to expert advisory panels,
(b) the addition of persons to, or removal of persons from, the register,
(c) qualifications for inclusion on the register,
(d) the appointment and removal of members of panels,
(e) the remuneration of members of panels,
(f) the circumstances in which an assessment by a panel is required or may be requested,
(g) reports by panels,
(h) regulating the assessment of matters by panels in respect of conflicts of interest and prohibiting persons from assessing matters if there is a conflict of interest or a pecuniary interest in a matter.
s 42I: Ins 2009 No 58, Sch 1 [3].
42IA
Amendment of land dealing approvals
42IA Amendment of land dealing approvals
42IA Amendment of land dealing approvals
(1) A Local Aboriginal Land Council for which a land dealing has been approved may make an application to the New South Wales Aboriginal Land Council for an amendment of the approval.
(2) The New South Wales Aboriginal Land Council may—
(a) amend the approval, or
(b) refuse to amend the approval.
(3) The New South Wales Aboriginal Land Council must not amend the approval if—
(a) the land dealing has been completed, or
(b) a registrable instrument has been registered in reliance on the approval.
(4) The New South Wales Aboriginal Land Council must give the Local Aboriginal Land Council a written statement of the reasons for its decision in relation to the application if—
(a) the decision is to refuse to amend the approval, and
(b) the Local Aboriginal Land Council requests the written statement.
(5) The written statement must be given within 28 days after the Local Aboriginal Land Council makes the request.
(6) The regulations may make provision about the amendment of an approval, including—
(a) applications for amendments of approvals, and
(b) grounds for amendments of approvals, and
(c) fees for amendments of approvals.
(7) In this section—
amend an approval includes amend the conditions of the approval, including by—
(a) imposing new conditions on the approval, or
(b) substituting a condition of the approval, or
(c) omitting or amending a condition of the approval.
s 42IA: Am 2022 No 68, Sch 1[4].
42J
Revocation of land dealing approvals
42J Revocation of land dealing approvals
42J Revocation of land dealing approvals
(1) The New South Wales Aboriginal Land Council must not revoke an approval of a land dealing if the land dealing has been completed or a registrable instrument has been registered in reliance on that approval.
Note.
This provision limits the power of the New South Wales Aboriginal Land Council to revoke an approval (see section 119(4)).
(2) If an approval of a land dealing under this Division is revoked by the New South Wales Aboriginal Land Council, any dealing approval certificate or registration approval certificate relating to the land dealing ceases to have effect.
(3) A Local Aboriginal Land Council must return any dealing approval certificate or registration approval certificate given to it that is revoked to the New South Wales Aboriginal Land Council within 14 days of notice of the revocation being given.
s 42J: Ins 2009 No 58, Sch 1 [3]. Am 2022 No 68, Sch 1[5]–[7].
42K
Certificates for dealings by Local Aboriginal Land Councils
42K Certificates for dealings by Local Aboriginal Land Councils
42K Certificates for dealings by Local Aboriginal Land Councils
(1) Dealing approval certificate If the New South Wales Aboriginal Land Council approves a land dealing by a Local Aboriginal Land Council under this Division, the Chief Executive Officer of the New South Wales Aboriginal Land Council must give a dealing approval certificate for the land dealing to the Local Aboriginal Land Council within 14 days of approval being given.
(2) Registration approval certificates The Chief Executive Officer of the New South Wales Aboriginal Land Council must give a registration approval certificate for an instrument relating to a land dealing by a Local Aboriginal Land Council if the Chief Executive Officer is satisfied as to the following—
(a) that the instrument is a registrable instrument giving effect to or forming part of a land dealing approved by the New South Wales Aboriginal Land Council under this Division,
(b) that any conditions of the approval by the New South Wales Aboriginal Land Council of the land dealing to which the instrument relates have been met,
(c) that any community development levy payable in respect of that land dealing has been paid.
(3) The Chief Executive Officer may refuse to give a dealing approval certificate or a registration approval certificate under this section if any assessment fee payable in relation to the application for approval of the land dealing to which the certificate relates has not been paid or is not subject to arrangements for payment that are satisfactory to the New South Wales Aboriginal Land Council.
(3A) If the approval to which a dealing approval certificate relates is amended under section 42IA—
(a) the dealing approval certificate and the registration approval certificates, if any, relating to the approval cease to have effect, and
(b) the Local Aboriginal Land Council must, within 14 days after the amendment, return to the Chief Executive Officer of the New South Wales Aboriginal Land Council—
(i) the dealing approval certificate, and
(ii) if a registration approval certificate has been given for an instrument relating to the land dealing—each registration approval certificate, and
(c) the Chief Executive Officer must, within 14 days after the amendment, give to the Local Aboriginal Land Council a new dealing approval certificate for the land dealing to which the amended approval relates, and
(d) if the Chief Executive Officer is satisfied as to the matters referred to in subsection (2)(a)–(c) for an instrument to which the land dealing relates—the Chief Executive Officer must give to the Local Aboriginal Land Council a new registration approval certificate for the instrument.
(4) For the purposes of any other Act or law, a dealing approval certificate for a land dealing by a Local Aboriginal Land Council land is taken to be a written consent by the New South Wales Aboriginal Land Council to the dealing.
s 42K: Ins 2009 No 58, Sch 1 [3]. Am 2022 No 68, Sch 1[8].
42L
Review of approval decisions
42L Review of approval decisions
42L Review of approval decisions
(1) Despite any other Act or law, the only person who has standing to bring proceedings—
in relation to a decision to approve or not to approve of a land dealing, or an act or omission of the New South Wales Aboriginal Land Council in connection with any such decision, is the Local Aboriginal Land Council concerned.
(2) This section does not confer any standing on a Local Aboriginal Land Council in respect of class 3 proceedings under the Land and Environment Court Act 1979 in connection with any such decision.
s 42L: Ins 2009 No 58, Sch 1 [3].
42M
Registration of dealings and instruments
42M Registration of dealings and instruments
42M Registration of dealings and instruments
(1) The Registrar-General must, if an Aboriginal Land Council is the registered proprietor of an estate in fee simple in land, make a recording in the Register to the following effect—
(a) that the land is subject to this Division,
(b) that a registrable instrument may not be registered, or a recording in respect of a registrable instrument may not be made, unless the Registrar-General is satisfied that a registration approval certificate has been obtained or is not required.
(2) The Registrar-General must not register a registrable instrument in relation to land referred to in subsection (1) if the registered proprietor of the land is an Aboriginal Land Council, unless the registrable instrument is accompanied by—
(a) a registration approval certificate, or
(b) a statement signed by the Chief Executive Officer of the New South Wales Aboriginal Land Council that the instrument gives effect to or forms part of a land dealing for which a registration approval certificate is not required under this Division.
Note.
If the registered proprietor of land is an Aboriginal Land Council, an instrument or plan affecting the land that is accompanied by a registration approval certificate or the signed statement referred to above has on registration or recording all the protections afforded under the Real Property Act 1900.
(3) Despite section 42 of the Real Property Act 1900 or any other Act, the registration of a registrable instrument, or the making of a recording, that is prohibited by this section has no effect and does not create or pass or otherwise affect any estate or interest in the land of any registered proprietor of the land, as otherwise recorded under the Real Property Act 1900.
(4) In this section, register a registrable instrument means—
(5) This section does not affect the operation of any other prohibition or restriction relating to transfers or other dealings with land under this or any other Act.
s 42M: Ins 2009 No 58, Sch 1 [3].
42N
Certain land dealing approval agreements to run with land
42N Certain land dealing approval agreements to run with land
42N Certain land dealing approval agreements to run with land
(1) This section applies to a land dealing approval agreement if it imposes obligations as to the use, development or management of, or dealings with, land vested in, or formerly vested in, an Aboriginal Land Council.
(2) A land dealing approval agreement may be registered under this section if the following persons agree to its registration—
(a) the New South Wales Aboriginal Land Council,
(b) if the agreement relates to land under the Real Property Act 1900, each person who is the registered proprietor of an estate or interest in the land,
(c) if the agreement relates to land not under the Real Property Act 1900, each person who is a party to the agreement.
(3) On lodgment by an Aboriginal Land Council of an application for registration in a form approved by the Registrar-General, the Registrar-General is to register the land dealing approval agreement—
(a) by making an entry in the relevant folio of the Register if the agreement relates to land under the Real Property Act 1900, or
(b) by registering the agreement in the General Register of Deeds if the agreement relates to land not under the Real Property Act 1900.
(4) A land dealing approval agreement that has been registered by the Registrar-General under this section is binding on, and is enforceable by and against, the successors in title to the owner who entered into the agreement and those successors in title are taken to have notice of the agreement.
(5) The Registrar-General may, on the request in writing of the Chief Executive Officer of the New South Wales Aboriginal Land Council, cancel the registration of a land dealing approval agreement.
(6) A reference in this section to a land dealing approval agreement includes a reference to any agreement amending a land dealing approval agreement.
(7) In this section—
successors in title includes a mortgagee, chargee, covenant chargee or other person in possession of land pursuant to a mortgage, charge, positive covenant or other encumbrance entered into before or after the registration of the land dealing approval agreement.
s 42N: Ins 2009 No 58, Sch 1 [3].
42O
Enforcement of land dealing approval agreements—registration prohibition notices
42O Enforcement of land dealing approval agreements—registration prohibition notices
42O Enforcement of land dealing approval agreements—registration prohibition notices
(a) a land dealing approval agreement has been registered under section 42N, or
(b) a current registered proprietor of an estate or interest in the land is a party to a land dealing approval agreement in respect of the land.
(2) The New South Wales Aboriginal Land Council may lodge with the Registrar-General a notice in writing prohibiting, except with the consent of that Council, the registration or recording of any dealing affecting an estate or interest in land to which this section applies (a registration prohibition notice).
(3) A registration prohibition notice is to be in the form approved by the Registrar-General and must contain the following—
(a) the name and address of the person who is the registered proprietor of an estate or interest in the land affected by the notice,
(b) if the registration notice relates only to part of the land described in a folio of the Register, a description of that part,
(c) a statement that the prohibition notice relates to the land (or part of the land) in respect of which a dealing approval agreement has been entered into under this Division.
(4) On the lodgment of a registration prohibition notice, the Registrar-General must give notice in writing of the lodgment to any registered proprietor of an estate or interest in land affected by the notice, at the address specified in the notice.
(5) Notice of lodgment is not required to be given to a registered proprietor under subsection (4) if the consent of the registered proprietor to the lodgment is endorsed on the registration prohibition notice.
(6) The Registrar-General must, if satisfied that the notice complies with any requirements made in respect of it under this Division or the Real Property Act 1900, record in the Register such particulars of the notice as the Registrar-General thinks appropriate.
(7) A caveat does not prevent the recording of a registration prohibition notice under this section.
(8) A registration prohibition notice lodged under this section has effect when particulars of the notice are recorded in the Register under this section.
(9) A registration prohibition notice may be withdrawn by the New South Wales Aboriginal Land Council, by notice in writing in the form approved by the Registrar-General and on payment of the fee (if any) prescribed by the regulations, and on being withdrawn, ceases to be in force.
s 42O: Ins 2009 No 58, Sch 1 [3].
42P
Effect of registration prohibition notices
42P Effect of registration prohibition notices
42P Effect of registration prohibition notices
(1) The Registrar-General must not, except with the consent in writing of the New South Wales Aboriginal Land Council notified in writing by the Chief Executive Officer of the Council, record or register in the Register any dealing if it appears to the Registrar-General that the registration or recording of the dealing is prohibited by a registration prohibition notice that has effect under this Division.
(2) The New South Wales Aboriginal Land Council must not refuse to give consent under this section if—
(a) the dealing or the registration or recording of the dealing is permitted by the applicable land dealing approval agreement, or
(b) the dealing or the registration or recording does not materially affect the performance or enforcement of that agreement.
(3) The regulations may provide that a registration prohibition notice does not prevent the Registrar-General from registering or recording a dealing of a class prescribed by the regulations.
(4) If in any legal proceedings a question arises as to the validity of a registration prohibition notice, the court is to disregard any failure to comply strictly with the requirements of this Division as to the form of the notice.
(b) does not affect the operation of any other prohibition or restriction relating to transfers or other dealings with land.
s 42P: Ins 2009 No 58, Sch 1 [3].
Division 4A
Community development levy
Division 4A Community development levy
Division 4A Community development levy
pt 2, div 4A: Ins 2009 No 58, Sch 1 [3].
42Q
Interpretation
42Q Interpretation
42Q Interpretation
Words and expressions used in this Division, and in any regulations made under this Division, have the same meaning as they have in the Duties Act 1997.
ss 42Q–42S: Ins 2009 No 58, Sch 1 [3].
42R
Community development levy payable for certain transactions
42R Community development levy payable for certain transactions
42R Community development levy payable for certain transactions
(1) A Local Aboriginal Land Council is liable to pay the community development levy for any dutiable transaction to which the levy applies that occurs in relation to a dealing with land vested in the Council (whether or not the Council is liable to pay duty in respect of the transaction under the Duties Act 1997).
(2) The community development levy applies to the following dutiable transactions—
(a) a transfer of land,
(b) an agreement for the sale or transfer of land,
(c) a declaration of trust over land,
(d) a lease of land in respect of which a premium is paid or agreed to be paid,
(e) any other transaction prescribed by the regulations.
(3) Except as provided by subsection (4), the community development levy does not apply to the following dutiable transactions—
(a) except as provided by the regulations, transactions that are exempt from duty under the Duties Act 1997,
(b) transactions under a community benefit scheme providing home ownership for Aboriginal persons,
(c) transactions prescribed by the regulations.
(4) The community development levy is payable in respect of a dutiable transaction even though duty is not chargeable on the transaction because of section 280 of the Duties Act 1997.
(5) The regulations may provide that the community development levy is payable for other transactions in relation to dealings with land vested in a Local Aboriginal Land Council and may also provide for the amount of the levy for those transactions.
(6) For the purposes of this Division, a dutiable transaction occurs when it is taken to occur for the purposes of the Duties Act 1997.
ss 42Q–42S: Ins 2009 No 58, Sch 1 [3].
42S
Community development levy not payable on transactions between Councils
42S Community development levy not payable on transactions between Councils
42S Community development levy not payable on transactions between Councils
The community development levy is not payable in respect of a dutiable transaction between a Local Aboriginal Land Council and another Aboriginal Land Council.
ss 42Q–42S: Ins 2009 No 58, Sch 1 [3].
42T
Amount of community development levy
42T Amount of community development levy
42T Amount of community development levy
(1) The amount of the community development levy payable for a dutiable transaction is the prescribed percentage (if any) of the amount of duty in respect of the transaction calculated as if duty were chargeable on the transaction at the rate specified in section 32(1) of the Duties Act 1997.
(2) In calculating the community development levy, any arrangement for the payment of the levy by a person other than the Local Aboriginal Land Council concerned is to be disregarded.
s 42T: Ins 2009 No 58, Sch 1 [3]. Subst 2013 No 66, Sch 1 [6].
42U
Payment of community development levy amounts
42U Payment of community development levy amounts
42U Payment of community development levy amounts
(1) Amounts of community development levy collected by the Chief Commissioner of State Revenue are to be paid to the New South Wales Aboriginal Land Council by the Chief Commissioner as agreed between the Council and the Chief Commissioner.
Note.
The Taxation Administration Act 1996 (other than Part 4 of that Act), which includes provisions relating to the collection, payment and non-payment of tax, applies to the community development levy. The Chief Commissioner of State Revenue will be responsible for the collection of the community development levy.
(2) The Chief Commissioner of State Revenue may retain from the community development levy collected by the Chief Commissioner amounts for payment of the Chief Commissioner’s costs in relation to the Chief Commissioner’s functions relating to the levy.
(3) Any such costs are to be in accordance with an agreement between the Chief Commissioner of State Revenue and the New South Wales Aboriginal Land Council.
(4) The New South Wales Aboriginal Land Council must pay to the New South Wales Aboriginal Land Council Community Fund established under section 149A amounts of community development levy received from the Chief Commissioner.
(5) The New South Wales Aboriginal Land Council must also pay to that Fund an additional amount equal to the amount of community development levy paid by the Chief Commissioner of State Revenue to the Council under this section.
(6) The additional amount payable by the New South Wales Aboriginal Land Council under subsection (5) must be paid not later than 28 days after receipt by the Council of a payment of levy under this section.
(7) Amounts of community development levy are to be paid in accordance with this section, despite any provision of the Taxation Administration Act 1996.
s 42U: Ins 2009 No 58, Sch 1 [3].
42UA
Refund of levy for cancelled transactions
42UA Refund of levy for cancelled transactions
42UA Refund of levy for cancelled transactions
(1) This section applies to a dutiable transaction for which—
(a) a Local Aboriginal Land Council is liable to pay the community development levy, and
(b) an amount of community development levy has been paid to the New South Wales Aboriginal Land Council by the Chief Commissioner of State Revenue.
(2) If the New South Wales Aboriginal Land Council is satisfied that the dutiable transaction has been cancelled, the New South Wales Aboriginal Land Council—
(a) must refund to the Local Aboriginal Land Council the amount of community development levy paid by the Chief Commissioner of State Revenue to the New South Wales Aboriginal Land Council for the dutiable transaction, and
(b) may recover from the New South Wales Aboriginal Land Council Community Fund the amount paid by the New South Wales Aboriginal Land Council to the Fund under section 42U(5) for the dutiable transaction.
(3) In this section—
cancelled means rescinded, annulled or terminated without completion.
s 42UA: Ins 2022 No 68, Sch 1[9].
42V
NSWALC payments may be waived
42V NSWALC payments may be waived
42V NSWALC payments may be waived
The Minister may waive payment of the whole or any part of an amount payable by the New South Wales Aboriginal Land Council under section 42U(5), if the Minister is of the opinion that it is appropriate to do so, having regard to the financial circumstances of the Council, its obligations under this Act and any other matters the Minister considers relevant.
s 42V: Ins 2009 No 58, Sch 1 [3].
42W
Regulations
42W Regulations
42W Regulations
The regulations may make provision for or with respect to the following—
(a) the application of provisions of the Duties Act 1997 (with or without modifications) in respect of the community development levy,
(b) the period within which the community development levy is payable,
(c) interim assessments of community development levy,
(d) without limiting paragraph (a), the stamping of instruments.
s 42W: Ins 2009 No 58, Sch 1 [3]. Am 2013 No 66, Sch 1 [7].
42X
Relationship with Taxation Administration Act 1996
42X Relationship with Taxation Administration Act 1996
This Division, and any regulations made under this Division, are to be read together with the Taxation Administration Act 1996 (other than Part 4 of that Act).
s 42X: Ins 2009 No 58, Sch 1 [3].
Division 5
Rates
Division 5 Rates
Division 5 Rates
43
Exemption of Aboriginal lands from the payment of rates
43 Exemption of Aboriginal lands from the payment of rates
43 Exemption of Aboriginal lands from the payment of rates
(1) The regulations may declare that specified land (being land vested in an Aboriginal Land Council) is exempt from—
(a) the payment of rates and charges, or from the payment of specified rates and charges, under the Local Government Act 1993, or
(b) the payment of rates, levies and charges, or from the payment of specified rates, levies and charges, under the Hunter Water Act 1991, or
(c) the payment of service charges, or the payment of specified service charges, under the following Acts—
or any other rule of law, land vested in an Aboriginal Land Council shall not be sold, whether by way of writ of execution or otherwise, for overdue rates payable under any of those Acts nor shall action be taken to wind up any such Council because of non-payment of any such rates.
s 44: Am 1991 No 53, Sch 1; 1994 No 88, Sch 7; 1995 No 11, Sch 1; 2013 No 66, Sch 1 [8].
44A
Payment of rates by NSW Aboriginal Land Council
44A Payment of rates by NSW Aboriginal Land Council
44A Payment of rates by NSW Aboriginal Land Council
(1) Where rates payable under an Act referred to in section 44 have been unpaid for a period of not less than 12 months in respect of a rating year commencing on 1 January 1985 or any subsequent date, the New South Wales Aboriginal Land Council shall, within 30 days after receipt of a notice from the appropriate rating authority specifying the total of the amount unpaid, the amount of any interest accrued on that amount and any extra charges, pay that total to that rating authority.
(2) A rating authority may recover an amount unpaid after the expiration of the period of 30 days referred to in subsection (1) from the New South Wales Aboriginal Land Council as a debt in a court of competent jurisdiction.
(3) The New South Wales Aboriginal Land Council may recover an amount paid under this section from the Local Aboriginal Land Council in whose area the land subject to the rate is situated.
s 44A: Ins 1986 No 18, Sch 1 (16). Am 1990 No 60, Sch 6 (6).
Part 3
Mineral rights and mining
Part 3 Mineral rights and mining
Part 3 Mineral rights and mining
pt 3 (as originally enacted): Rep 2001 No 118, Sch 1 [4].
pt 3 (previously Part 7): Renumbered 2001 No 118, Sch 1 [5].
45
Mineral rights and mining on Aboriginal land
45 Mineral rights and mining on Aboriginal land
45 Mineral rights and mining on Aboriginal land
(1) In this section—
(a) mining operations means prospecting, exploring or mining for mineral resources or other natural resources, and
(b) uranium has the same meaning as it has in the Mining Act 1992.
(2) Notwithstanding any other Act, but subject to this section—
(a) any transfer of lands to an Aboriginal Land Council under section 36 includes the transfer of the mineral resources or other natural resources contained in those lands,
(b) any vesting of the title to lands in an Aboriginal Land Council under section 37 includes, subject to that section, the vesting of the title to the mineral resources or other natural resources contained in those lands, and
(c) where—
(i) an Aboriginal Land Council purchases lands under section 38, or
(ii) lands are acquired under section 39 and vested in an Aboriginal Land Council,
any mineral resources or other natural resources which were, immediately before the purchase or vesting, vested in the Crown shall, on that purchase or vesting, become vested in the Aboriginal Land Council.
(3) To the extent to which an Act provides for a person to explore for or exploit mineral resources, or other natural resources, vested in another person, the Act does not apply to or in respect of mineral resources, or other natural resources, vested in the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council.
(4) Subject to this section, no person shall carry on mining operations on the lands of an Aboriginal Land Council without the consent of that Council.
(5) An Aboriginal Land Council may give a consent under subsection (4) subject to such terms and conditions, including terms or conditions with respect to payment of fees or royalties, as it thinks fit to impose.
(6) A Local Aboriginal Land Council shall not give its consent under subsection (4) unless either—
(a) the New South Wales Aboriginal Land Council, or
(b) the Court, under subsection (8),
has approved of the consent being given and of any terms and conditions proposed to be attached to the consent.
(7) Where a Local Aboriginal Land Council has submitted to the New South Wales Aboriginal Land Council a proposal to give a consent under subsection (4), and any terms and conditions proposed to be attached to the consent, and the New South Wales Aboriginal Land Council—
(a) has refused to approve of the proposed consent being given or of the proposed terms and conditions, or
(b) has not, within 1 month after the submission of the proposed consent and of the proposed terms and conditions or such longer period as the Local Aboriginal Land Council and the New South Wales Aboriginal Land Council agree to, approved of the consent being given and of the proposed terms and conditions (or those terms and conditions as altered with the consent of the Local Aboriginal Land Council),
the Local Aboriginal Land Council or the New South Wales Aboriginal Land Council may refer the proposal or the proposed terms and conditions, as the case may require, to the Court to be dealt with under subsection (8).
(8) Where a proposal to give a consent or the terms and conditions proposed to be attached to a consent are referred to the Court under subsection (7), the Court shall approve or refuse to approve of the giving of the consent or of the proposed terms and conditions, with or without alterations specified by the Court.
(9) The New South Wales Aboriginal Land Council or the Court shall not, under this section, refuse to approve of the giving of a consent or of the terms and conditions proposed to be attached to a consent except on the ground that the giving of the consent is, or those terms and conditions are, inequitable to the Local Aboriginal Land Council concerned or would be detrimental to the interests of members of other Local Aboriginal Land Councils.
(10) A consent given in contravention of this section is void.
(11) Nothing in or done under this Act operates to abridge or control the prerogative rights and powers of the Crown with respect to gold mines and silver mines or affects the Crown’s ownership of coal, petroleum and uranium.
(12) This section does not apply to or in relation to any mining operations that are or may be carried on on any lands of an Aboriginal Land Council—
(a) in respect of gold, silver, coal, petroleum or uranium, or
(b) in respect of any other mineral, pursuant to any right conferred by or under the Mining Act 1992, the Offshore Minerals Act 1999, or any other law, being a right in force at the time the lands were vested in that Council or a mineral claim or authority referred to in subsection (13)(b), or a renewal or extension of any such right, mineral claim or authority.
(13) Nothing in this section prevents—
(a) the renewal or extension of any right, mineral claim or authority referred to in subsection (12)(b), or
(b) the granting of an authority or mineral claim in accordance with an exclusive right conferred by the Mining Act 1992 or of a licence in accordance with an exclusive right conferred by the Offshore Minerals Act 1999,
s 45: Am 1990 No 60, Sch 2 (4); 1992 No 29, Sch 5; 1996 No 137, Sch 2.1; 1999 No 42, Sch 3.1 [1]–[3]; 2012 No 16, Sch 5 [1]–[3].
46
Fees or royalties for mining on Aboriginal land
46 Fees or royalties for mining on Aboriginal land
46 Fees or royalties for mining on Aboriginal land
(1) All fees and royalties payable in respect of mining on land owned by a Local Aboriginal Land Council are payable to the New South Wales Aboriginal Land Council and not the Local Aboriginal Land Council.
(2) Such fees and royalties together with the fees and royalties payable to the New South Wales Aboriginal Land Council in respect of mining on its land must, when received by it, be paid into a separate account in a bank, building society or credit union to be called the Mining Royalties Account.
(3) Money to the credit of the Mining Royalties Account is to be disbursed, in accordance with the regulations, as follows—
(a) 40 per cent is to be paid to the New South Wales Aboriginal Land Council,
(b) the balance, in so far as it is derived from the fees and royalties payable in respect of mining on land owned by a Local Aboriginal Land Council, is to be paid to the Local Aboriginal Land Council.
(4) Money to the credit of the Mining Royalties Account may be invested in any manner authorised by the regulations pending its disbursement in accordance with this section.
s 46: Subst 1990 No 60, Sch 6 (7). Am 1996 No 24, Sch 1.
Part 4
Hunting, fishing and gathering
Part 4 Hunting, fishing and gathering
Part 4 Hunting, fishing and gathering
pt 4 (as originally enacted): Rep 2001 No 118, Sch 1 [4].
pt 4, div 1, hdg (as originally enacted): Ins 1990 No 60, Sch 1 (2). Rep 2001 No 118, Sch 1 [4].
pt 4, div 1 (as originally enacted): Rep 2001 No 118, Sch 1 [4].
pt 4 (previously Part 8): Renumbered 2001 No 118, Sch 1 [5].
47
Agreements to permit hunting, fishing or gathering
47 Agreements to permit hunting, fishing or gathering
47 Agreements to permit hunting, fishing or gathering
Subject to the provisions of any other Act and any rule, by-law, regulation, ordinance or like instrument, a Local Aboriginal Land Council may negotiate agreements with the owner, occupier or person in control of any land to permit any specified Aboriginal persons or group of Aboriginal persons to have access to the land for the purpose of hunting, fishing or gathering on the land.
s 47: Am 2013 No 66, Sch 1 [1].
48
Access permits may be issued by the Court
48 Access permits may be issued by the Court
48 Access permits may be issued by the Court
(1) Where a Local Aboriginal Land Council—
(a) desires to obtain rights of access for any specified Aboriginal persons or group of Aboriginal persons for the purpose of hunting or fishing for, or the gathering of, traditional foods for domestic purposes, being access to land traditionally used for those purposes or to land giving access to any land so used, and
(b) has been unable to negotiate an agreement to obtain those rights,
the Council may apply to the Court for a permit conferring those rights.
(2) An application under subsection (1) shall be—
(a) made as prescribed, and
(b) lodged with the Registrar.
(3) The Registrar shall refer an application lodged with the Registrar under subsection (2) to the Court together with a statement as to who appears to the Registrar to be the owner, occupier or person in control of the land to which the application relates.
(4) The Court shall—
(a) give notice of any application referred to it under subsection (3) to any person who, in its opinion, is likely to be directly affected by the issue of the permit applied for, or to the public generally if it considers it appropriate, and
(b) by that notice, provide that objections against the application may be lodged within the time specified in that notice.
(5) The Court shall consider—
(a) any application referred to it under subsection (3), and
(b) any objections lodged against the application,
and, subject to subsection (6), shall either—
(c) issue a permit conferring such rights of access as it specifies in the permit on Aboriginal persons or any group of Aboriginal persons so specified, or
(d) refuse to issue the permit.
(6) The Court shall issue a permit under subsection (5) in pursuance of an application under subsection (1) only if it is satisfied that the rights applied for are rights of a kind referred to in subsection (1).
(7) A permit issued under subsection (5)(c)—
(a) shall be subject to the provisions of any other Act and any rule, by-law, regulation, ordinance or like instrument, and
(b) may be subject to such terms and conditions as the Court thinks fit and are specified in the permit.
(8) Any person who fails to allow access to any person in accordance with a permit issued under this section shall be guilty of an offence against this Act.
Maximum penalty—10 penalty units.
(9) The Court may, on the application of any person and on reasonable cause being shown, revoke a permit issued under this section.
s 48: Am 2001 No 118, Sch 1 [16]; 2013 No 66, Sch 1 [1].
Part 5
Local Aboriginal Land Councils
Part 5 Local Aboriginal Land Councils
Part 5 Local Aboriginal Land Councils
pt 5 (as originally enacted): Rep 2001 No 118, Sch 1 [4].
pt 5: Ins 2001 No 118, Sch 1 [17].
49
Constitution of Local Aboriginal Land Council areas
49 Constitution of Local Aboriginal Land Council areas
49 Constitution of Local Aboriginal Land Council areas
(cf former section 5)
(1) The Minister may, in the manner prescribed by the regulations, constitute an area as a Local Aboriginal Land Council area.
(2) The Governor may make regulations for or with respect to the constitution of Local Aboriginal Land Council areas.
(3) Without affecting the generality of subsection (2), regulations may be made under that subsection for or with respect to the following—
(a) applications for the constitution of areas as Local Aboriginal Land Council areas,
(b) the making of recommendations to the Minister with respect to proposals to constitute Local Aboriginal Land Council areas,
(c) the lodging of objections against—
(i) the refusal of applications for the constitution of Local Aboriginal Land Council areas or the failure to deal with any such applications, and
(ii) proposals to constitute Local Aboriginal Land Council areas,
(d) the reference to the Court of objections of the kind referred to in paragraph (c) and the hearing and determination by the Court of any such objections.
s 49: Ins 2001 No 118, Sch 1 [17].
50
Constitution of Local Aboriginal Land Councils
50 Constitution of Local Aboriginal Land Councils
50 Constitution of Local Aboriginal Land Councils
(cf former section 6(1) and (2))
(1) A Local Aboriginal Land Council is constituted by this Act for each Local Aboriginal Land Council area.
(2) A Local Aboriginal Land Council is a body corporate.
(3) The corporate name of a Local Aboriginal Land Council is “Local Aboriginal Land Council” preceded by the name of the area of the Council.
s 50: Ins 2001 No 118, Sch 1 [17].
51
Objects of Local Aboriginal Land Councils
51 Objects of Local Aboriginal Land Councils
51 Objects of Local Aboriginal Land Councils
The objects of each Local Aboriginal Land Council are—
(a) to improve, protect and foster the best interests of Aboriginal persons within the Council’s area and other persons who are members of the Council, and
(b) to relieve poverty, sickness, suffering, distress, misfortune, destitution and helplessness of Aboriginal persons within the Council’s area.
s 51: Ins 2001 No 118, Sch 1 [17]. Subst 2022 No 68, Sch 4.1[5].
Division 1A
Functions of Local Aboriginal Land Councils
Division 1A Functions of Local Aboriginal Land Councils
Division 1A Functions of Local Aboriginal Land Councils
pt 5, div 1A: Ins 2006 No 111, Sch 1 [18].
52
Functions of Local Aboriginal Land Councils
52 Functions of Local Aboriginal Land Councils
52 Functions of Local Aboriginal Land Councils
(1) A Local Aboriginal Land Council has the functions conferred or imposed on it by or under this or any other Act.
(2) Land acquisition A Local Aboriginal Land Council has the following functions in relation to the acquisition of land and related matters—
(a) in accordance with this Act and the regulations, to acquire land and to use, manage, control, hold or dispose of, or otherwise deal with, land vested in or acquired by the Council,
(b) functions relating to the acquisition of land and any other functions conferred on it by or under Part 4A of the NPW Act,
(c) to submit proposals for the listing in Schedule 14 to the NPW Act of lands of cultural significance to Aboriginal persons that are reserved under the NPW Act,
(d) to negotiate the lease by the Council or by the Council and one or more other Aboriginal Land Councils of lands to which section 36A applies to the Minister administering the NPW Act,
(e) when exercising its functions with respect to land that is the subject of a lease, or proposed lease, under Part 4A of the NPW Act, to act in the best interests of the Aboriginal owners of the land concerned,
(f) to make written applications to the New South Wales Aboriginal Land Council for the acquisition by the New South Wales Aboriginal Land Council of land on behalf of, or to be vested in, the Local Aboriginal Land Council,
(g) to make claims to Crown lands or to enter into Aboriginal Land Agreements.
(3) Land use and management A Local Aboriginal Land Council has the following functions in relation to land use and management—
(a) to consider applications to prospect or mine for minerals on the Council’s land and to make recommendations to the New South Wales Aboriginal Land Council in respect of such applications,
(b) to protect the interests of Aboriginal persons in its area in relation to the acquisition, management, use, control and disposal of its land.
(4) Aboriginal culture and heritage A Local Aboriginal Land Council has the following functions in relation to Aboriginal culture and heritage—
(a) to take action to protect the culture and heritage of Aboriginal persons in the Council’s area, subject to any other law,
(b) to promote awareness in the community of the culture and heritage of Aboriginal persons in the Council’s area.
(5) Financial stewardship A Local Aboriginal Land Council has the following functions in relation to financial management and business planning—
(a) to prepare and implement, in accordance with this Act, a community, land and business plan,
(b) to manage, in accordance with this Act and consistently with its community, land and business plan, the investment of any assets of the Council,
(c) to facilitate business enterprises (including by establishing, acquiring, operating or managing business enterprises), in accordance with this Act and the regulations and consistently with its community, land and business plan.
(5A) Corporations A Local Aboriginal Land Council may establish, acquire, operate or manage the following—
(6) Other functions prescribed by regulations A Local Aboriginal Land Council has any other functions prescribed by the regulations.
Note.
Under section 50 of the Interpretation Act 1987, a Local Aboriginal Land Council has certain functions as a statutory corporation, including the power to purchase, exchange, take on lease, hold, dispose of and otherwise deal with property. This provision is subject to the provisions of this Act.
s 52: Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [18]. Am 2009 No 58, Sch 1 [4]; 2014 No 75, Sch 1 [14]–[16]; 2017 No 1, Sch 1 [1].
52A
Community benefits schemes
52A Community benefits schemes
52A Community benefits schemes
(1) A Local Aboriginal Land Council may, in accordance with an approval of the New South Wales Aboriginal Land Council—
(a) directly or indirectly, provide community benefits under community benefits schemes, and
(b) without limiting paragraph (a), provide, acquire, construct, upgrade or extend residential accommodation for Aboriginal persons in its area.
(1A) Despite subsection (1), the approval of the New South Wales Aboriginal Land Council is not required for a community benefits scheme for the provision or acquisition of residential accommodation for Aboriginal persons in its area, or for constructing, upgrading or extending any such accommodation, if the Local Aboriginal Land Council is—
(a) a registered Aboriginal housing organisation (within the meaning of the Aboriginal Housing Act 1998), or
(2) The New South Wales Aboriginal Land Council must not approve a community benefits scheme of a Local Aboriginal Land Council unless it is satisfied that—
(a) the proposed scheme complies with this Act and the regulations, and
(b) the proposed scheme is consistent with any applicable policy of the New South Wales Aboriginal Land Council, and
(c) the proposed scheme is consistent with the community, land and business plan of the Local Aboriginal Land Council, and
(d) the proposed scheme is fair and equitable and will be administered in a way that is responsible and transparent, and
(e) the proposed scheme is not likely to prevent the Local Aboriginal Land Council from being able to meet its debts as and when they fall due, and
(f) the need for the proposed benefits is not otherwise being adequately met.
(3) A Local Aboriginal Land Council must ensure that any community benefits scheme under which community benefits are provided by it or on its behalf—
(a) complies with this Act and the regulations, and
(b) is consistent with any applicable policy of the New South Wales Aboriginal Land Council, and
(c) is consistent with the community, land and business plan of the Local Aboriginal Land Council.
(4) A Local Aboriginal Land Council may provide community benefits under a community benefits scheme to persons within the areas of other Local Aboriginal Land Councils and may provide community benefits in conjunction with one or more other Aboriginal Land Councils.
s 52A: Ins 2006 No 111, Sch 1 [18]. Am 2014 No 75, Sch 1 [17].
52AA
Powers of Local Aboriginal Land Councils with respect to property
52AA Powers of Local Aboriginal Land Councils with respect to property
52AA Powers of Local Aboriginal Land Councils with respect to property
(1) A Local Aboriginal Land Council may do or suffer in relation to its property any act or thing that it could lawfully do or suffer if it were a natural person having, in the case of land, the same estate or interest in the property as the Council.
(2) In particular, without limiting the generality of subsection (1), a Local Aboriginal Land Council may do or suffer any such act or thing to enable it to—
(a) improve, or cause to be improved, any land vested in it, or
(b) explore for and exploit, or cause to be explored for or exploited, mineral resources or other natural resources vested in it.
(3) This section is subject to this Act.
s 52AA: Ins 2009 No 58, Sch 1 [5].
52B
52B
52B (Repealed)
52C
Local Aboriginal Land Councils’ responsibilities in relation to certain arrangements and transfers
52C Local Aboriginal Land Councils’ responsibilities in relation to certain arrangements and transfers
52C Local Aboriginal Land Councils’ responsibilities in relation to certain arrangements and transfers
(1) In this section—
enter into includes participate in.
entity means any partnership, trust, corporation, joint venture, syndicate or other body (whether or not incorporated).
(2) This section applies to an arrangement entered into by a Local Aboriginal Land Council—
(a) for the purpose of exercising any of the Council’s functions under this Act (including providing a community benefits scheme), and
(b) that includes the formation, acquisition, operation or management of an entity.
(3) Local Aboriginal Land Councils to report on certain arrangements A Local Aboriginal Land Council must include, in the accounts and records of the Council under this Act and the regulations, details of any operations that are carried out under an arrangement to which this section applies (including any activities or operations carried out by the entity formed, acquired, operated or managed and any financial matters relating to any such entity).
(4) Before entering into an arrangement to which this section applies, a Local Aboriginal Land Council must take reasonable steps to ensure that the Local Aboriginal Land Council will not be prevented from complying with the Council’s reporting obligations in relation to operations carried out under such an arrangement (including any financial matters relating to the entity formed, acquired, operated or managed under the arrangement).
(5) Risk assessment and approval for transfer of certain assets Before transferring assets (other than land) in connection with an arrangement to which this section applies, a Local Aboriginal Land Council must, if required to do so by any applicable policy of the New South Wales Aboriginal Land Council (or, if there is no such policy, by the regulations)—
(a) conduct a risk assessment with respect to the proposed transfer in accordance with any applicable policy of the New South Wales Aboriginal Land Council or any such regulation, and
(b) obtain the approval of the members of the Local Aboriginal Land Council to the transfer.
(6) Requirements for approval resolutions Any Local Aboriginal Land Council resolution that approves the Council’s proposed transfer of an asset (other than land) under this section must—
(a) contain a statement identifying the purpose of the action and any conditions to which the approval is subject, and
(b) be made at a meeting of the Council—
(i) in respect of which notice was given, in accordance with the regulations, not less than 14 days before the day on which the meeting is held, and
(ii) at which a quorum is present, and
(c) be passed by not less than 80% of the votes cast.
(7) Approval of termination of certain arrangements A Local Aboriginal Land Council must not terminate an arrangement to which this section applies, or dispose of an interest in an entity formed, acquired, operated or managed under such an arrangement, otherwise than in accordance with the approval of the Board of the Council.
s 52C: Ins 2006 No 111, Sch 1 [18]. Subst 2014 No 75, Sch 1 [19].
52D
Duty of Aboriginal Land Council not to transfer land or other assets to Council members, Board members, staff or consultants
52D Duty of Aboriginal Land Council not to transfer land or other assets to Council members, Board members, staff or consultants
52D Duty of Aboriginal Land Council not to transfer land or other assets to Council members, Board members, staff or consultants
(1) A Local Aboriginal Land Council must ensure that no part of the income or property of the Council is transferred directly or indirectly by way of dividend or bonus or otherwise by way of profit to members of the Council, Board members or any member of staff of, or consultant to, the Council.
(2) Nothing in this section prevents—
(a) the provision of a benefit in good faith to a Council member, Board member, member of staff or consultant in accordance with this Act, or
(b) the payment in good faith of remuneration to any such member, Board member, member of staff or consultant.
s 52D: Ins 2006 No 111, Sch 1 [18].
52E
Delegation of functions by Local Aboriginal Land Councils
52E Delegation of functions by Local Aboriginal Land Councils
52E Delegation of functions by Local Aboriginal Land Councils
(1) A Local Aboriginal Land Council may, by resolution, delegate to the Board, any of the functions of the Council with respect to the acquisition of land other than—
(a) this power of delegation, and
(b) any function under this or any other Act that is expressly required to be exercised by resolution of the voting members of the Council.
(2) Each Local Aboriginal Land Council must, once every year, review all its delegations.
s 52E: Ins 2006 No 111, Sch 1 [18]. Am 2013 No 66, Sch 1 [9].
52F
Rules of Local Aboriginal Land Councils
52F Rules of Local Aboriginal Land Councils
52F Rules of Local Aboriginal Land Councils
(1) The purpose of this section is to provide rules for Local Aboriginal Land Councils relating to those Councils’ functions and operations.
(2) The rules prescribed by the regulations as model rules are the rules for a Local Aboriginal Land Council.
(3) However, a Local Aboriginal Land Council may prepare its own rules and submit them to the Registrar for approval.
(4) On approval by the Registrar, the rules prepared by a Local Aboriginal Land Council, to the extent that they are not inconsistent with this Act or the regulations, become the rules of the Council to the exclusion of the model rules.
(5) A Local Aboriginal Land Council’s rules may, with the approval of the Registrar, be amended, repealed or replaced from time to time.
(6) A Local Aboriginal Land Council may appeal to the Court against the Registrar’s refusal to approve of rules or to approve of an amendment, a repeal or a replacement of its rules.
(7) On the hearing of an appeal under subsection (6), the Court may direct the Registrar to approve of rules, or an amendment, a repeal or a replacement of rules, specified in the direction.
s 52F: Ins 2006 No 111, Sch 1 [18].
52G
Functions exercised by Council resolution
52G Functions exercised by Council resolution
52G Functions exercised by Council resolution
(1) The following functions are to be exercised, in accordance with this Act, by resolution of the voting members of a Local Aboriginal Land Council—
(a) acceptance of persons as qualified for membership,
(b) (Repealed)
(c) approval of the rules and code of conduct of the Council and any amendment to or repeal or replacement of those rules or that code,
(d) approval or amendment of the community, land and business plan of the Council,
(d1) approval of transfers of assets under section 52C,
(e) approval of dealings with land (within the meaning of Division 4 of Part 2) and land dealing approval agreements (within the meaning of that Division), other than any such dealings or agreements that do not require the approval of the New South Wales Aboriginal Land Council,
(f) receipt of the annual budget and the financial statements of the Council,
(g) election of Board members,
(g1) approval of travelling and other allowances of Board members under section 63,
(g2) approval of a policy, employment or consultancy for the purposes of section 66A,
(h) suspension of members from attending or voting at meetings of the Council,
(i) approval of requests to change the name of the Council’s area or for the amalgamation or dissolution of the Council, or its re-allocation to another Region.
(2) For the avoidance of doubt, subsection (1)(f) requires a resolution of the Council confirming receipt by the Council of the annual budget and financial statements, not a resolution approving the contents of the annual budget and financial statements.
s 52G: Ins 2006 No 111, Sch 1 [18]. Am 2009 No 58, Sch 1 [7]; 2011 No 56, Sch 1 [3]; 2013 No 66, Sch 1 [10] [11]; 2014 No 75, Sch 1 [20] [21]; 2022 No 68, Sch 2.1[1].
52H
Meetings of Local Aboriginal Land Councils
52H Meetings of Local Aboriginal Land Councils
52H Meetings of Local Aboriginal Land Councils
Part 1 of Schedule 3 has effect.
s 52H: Ins 2006 No 111, Sch 1 [18].
53
Membership of Local Aboriginal Land Councils
53 Membership of Local Aboriginal Land Councils
53 Membership of Local Aboriginal Land Councils
(cf former section 6(3))
The members of the Local Aboriginal Land Council for a Local Aboriginal Land Council area are the adult Aboriginal persons who are listed on the Local Aboriginal Land Council membership roll for that area.
s 53: Ins 2001 No 118, Sch 1 [17].
54
Local Aboriginal Land Council membership rolls
54 Local Aboriginal Land Council membership rolls
54 Local Aboriginal Land Council membership rolls
(cf former section 7(1) and (2))
(1) The chief executive officer of a Local Aboriginal Land Council must, in respect of the Local Aboriginal Land Council area, prepare and maintain a Local Aboriginal Land Council membership roll (the membership roll).
(2) The chief executive officer of a Local Aboriginal Land Council must list on the membership roll for the area of the Council the names and addresses of those persons who are qualified for membership.
(2A) A person is qualified for membership if—
(a) the person is an adult Aboriginal person who resides within the area of the Local Aboriginal Land Council concerned and is accepted as being qualified on that basis to be a member by a meeting of the Council, or
(b) the person is an adult Aboriginal person who has a sufficient association with the area of the Local Aboriginal Land Council concerned (as determined by the voting members of the Council at a meeting of the Council) and is accepted as being qualified on that basis to be a member by a meeting of the Council, or
(c) the person is an Aboriginal owner in relation to land within the area of the Local Aboriginal Land Council concerned and has made a written application for membership in accordance with subsection (3).
(2B) The membership roll must indicate whether a member is a person who is included on the roll because of residence or association, or as an Aboriginal owner, and must indicate the basis for that inclusion.
(3) A person seeking to be accepted as a member of a Local Aboriginal Land Council must make and submit to that Council a written application for that membership that—
(a) declares that the person is eligible for inclusion on the membership roll, and
(b) sets out the grounds (other than acceptance as being qualified at a meeting) on which the person is qualified for inclusion on the membership roll, and
(b1) sets out the basis on which the person asserts his or her Aboriginal descent and, if the application declares that the person has a sufficient association with that Council’s area, the basis of that association, and
(c) if the person is seeking to be accepted as a voting member of the Council—attaches a notice from the Registrar declaring that the person is not a voting member of any other Local Aboriginal Land Council.
Note.
If a person is a voting member of one Local Aboriginal Land Council and wishes to join and become a voting member of another Local Aboriginal Land Council, the person must first be accepted as a non-voting member of the second Local Aboriginal Land Council under this section. The person must then make a nomination under section 56 to change the Council in which the person intends to have voting rights.
(4) A person must not make an application for membership of an Aboriginal Land Council that the persons knows, or ought reasonably to know, is false or misleading in a material particular.
Maximum penalty (subsection (4)): 10 penalty units.
Note.
An Aboriginal person may request that the Registrar issue a compliance direction under Part 12 if the person believes a Local Aboriginal Land Council has, in contravention of this Act—
(a) failed or refused to list the person’s name on the membership roll of the Council, or
(b) removed the person’s name from that roll.
s 54: Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [19]–[22].
55
Aboriginal persons may be member of more than one Local Aboriginal Land Council
55 Aboriginal persons may be member of more than one Local Aboriginal Land Council
55 Aboriginal persons may be member of more than one Local Aboriginal Land Council
(1) An Aboriginal person may be a member of more than one Local Aboriginal Land Council.
(2) However, a person is entitled to voting rights in relation to one Local Aboriginal Land Council only at any one time.
(3) The Local Aboriginal Land Council in relation to which the person has voting rights is to be the Council nominated by the person or, if the person has not made a nomination, the Council for the area within which the person resides.
(4) A non-voting member of a Local Aboriginal Land Council is not entitled to vote—
(a) in elections for Board members, or
(b) on any matter to be determined by the Council.
(4A) A voting member of a Local Aboriginal Land Council is not entitled to vote in elections for Board members if—
(a) the member has not attended at least 2 meetings of the Council in the preceding 12 months as a voting member, or
(b) the member is suspended from membership of the Council or Board.
(4B) Subsection (4A)(a) does not apply if an administrator was appointed to perform all of the functions of the Local Aboriginal Land Council for all or part of the relevant 12-month period.
(5) A vote by a non-voting member of a Local Aboriginal Land Council or a member referred to in subsection (4A) in such an election or on such a matter is void.
s 55: Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [23]–[27]; 2016 No 55, Sch 1.1 [1].
56
Nomination of voting area
56 Nomination of voting area
56 Nomination of voting area
(1) A person who is a member of more than one Local Aboriginal Land Council may, by notice in writing given to the Registrar, make a nomination to change the Council in relation to which the person has voting rights (being a Council of which the person is a member).
(2) A person must not make more than one nomination under subsection (1) in any 12 month period.
(3) The Registrar may at any time, by notice in writing to a person who the Registrar believes is a member of 2 or more Local Aboriginal Land Councils, require the person to make a nomination under this section within the time specified in the notice.
(4) If a nomination is not made within the time required under subsection (3), the Local Aboriginal Land Council in relation to which the person has voting rights is to be the Council for the area within which the person resides.
(5) The Registrar is, as soon as practicable, to give notice of the receipt of a nomination or of a failure to make a nomination under this section to the person concerned and to the Registrar and the chief executive officer of each Local Aboriginal Land Council of which the person is a member.
(6) The chief executive officer of each such Council must record on the membership roll for the Local Aboriginal Land Council the Council in relation to which the person has voting rights.
s 56: Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [28]–[33].
57
Suspension of members from attending Council meetings
57 Suspension of members from attending Council meetings
57 Suspension of members from attending Council meetings
(cf clause 10 of Schedule 1 to 1996 Regulation)
(1) A Local Aboriginal Land Council may suspend a member of the Council (other than a Board member) from attending meetings of the Council for a specified time (not exceeding 3 years) if the Council decides that the conduct of the member—
(a) constitutes a serious breach of the Code of Conduct for members of the Local Aboriginal Land Council, or
(b) is otherwise detrimental to the best interests of the Council.
(2) During any period of suspension, the member is not entitled—
(a) to attend meetings of that Council, or
(b) to vote—
(i) in elections for officers of the Council, or
(ii) on any matter to be determined by the Council, or
(c) if the member is also a member of another Local Aboriginal Land Council—to make a nomination to change the Council in relation to which the person has voting rights.
(3) A Local Aboriginal Land Council that has suspended a member under this section may at any time revoke the suspension.
(4) The chief executive officer of a Local Aboriginal Land Council that has suspended a member under this section must notify the Registrar of the suspension, and the details of the suspension, and of any revocation of that suspension.
(5) At the end of the period of suspension, the member is entitled to attend Council meetings, vote and make a nomination in relation to voting rights unless the Council, by a further vote, held in accordance with this section, sets another period of suspension.
s 57: Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [34]–[37]; 2014 No 75, Sch 1 [22].
57A
Inactive members
57A Inactive members
57A Inactive members
(1) The chief executive officer of a Local Aboriginal Land Council may, by notice in writing to a member of the Council (other than a Board member of the Council), declare the member to be an inactive member if, and only if, the member has been absent from 6 consecutive meetings of the Council (or such other number of meetings as may be prescribed by the regulations).
(2) Before declaring a member of a Local Aboriginal Land Council to be an inactive member, the chief executive officer of the Council must—
(a) inform the member, in writing, of the following—
(i) that the member will be declared to be an inactive member if the member does not attend the requisite number of meetings of the Council,
(ii) that the chief executive officer intends to declare the member to be an inactive member after the next meeting of the Council,
(iii) the date, time and location of the meeting of the Council after which the chief executive officer intends to make the declaration (being a meeting not less than 20 days after the date the notice is given, or such other period as may be prescribed by the regulations),
(iv) the process to be followed by the member to prevent the declaration being made or to cease being an inactive member, and
(b) at the meeting of the Council after which the chief executive officer intends to declare a member inactive, inform the members in attendance at the meeting of the chief executive officer’s intention.
(3) If the chief executive officer of a Local Aboriginal Land Council declares a member of the Council to be an inactive member under subsection (1), the chief executive officer must make an entry in the Council’s membership roll accordingly.
(4) A member of a Local Aboriginal Land Council ceases to be an inactive member of the Council if the member—
(a) attends a meeting of the Council, or
(b) at any time after being informed of the chief executive officer’s intention to declare a member to be inactive requests, in writing to the Registrar, that the member not be declared to be an inactive member.
(5) If a member of a Local Aboriginal Land Council makes a request under subsection (4)(b), the Registrar must notify the chief executive officer of the relevant Council of the member’s request and may issue a compliance direction to the chief executive officer in relation to the maintenance of the Council’s membership roll.
(6) A member of a Local Aboriginal Land Council, during any period that the member is declared to be an inactive member under this section, is not to be counted as a voting member of the Council for the purposes of determining the quorum required for a meeting of the Council.
s 57A: Ins 2014 No 75, Sch 1 [23].
58
Removal of person’s name from membership roll
58 Removal of person’s name from membership roll
58 Removal of person’s name from membership roll
(cf clause 8(2) of Schedule 1 to 1996 Regulation)
The chief executive officer of a Local Aboriginal Land Council must remove the name of a person from the Council’s membership roll if, and only if—
(a) the person dies, or
(b) the person resigns in writing, or
(c) if the person is a member because the person resided in the Council area—the person no longer resides in the Council area and the Council at a meeting decides that the person does not have a sufficient association with the area to continue as a member, or
(d) the chief executive officer is satisfied, after making reasonable inquiries, that the residential address of the person is unknown.
s 58: Ins 2001 No 118, Sch 1 [17]. Am 2006 No 111, Sch 1 [38] [39].
59
Updating and consolidation of membership rolls
59 Updating and consolidation of membership rolls
59 Updating and consolidation of membership rolls
(1) The chief executive officer of each Local Aboriginal Land Council must—
(a) within such period as may be prescribed by the regulations, send a copy of the Council’s membership roll, certified as correct by the chief executive officer, to the Registrar, and
(b) advise the Registrar in writing of any changes to the membership roll that have occurred since a copy was last sent to the Registrar.
(2) The chief executive officer of a Local Aboriginal Land Council is to ensure, so far as practicable, that the membership roll of the Council is kept up to date.
(3) The Registrar is to compile and maintain a consolidated roll of all members of Local Aboriginal Land Councils.
(4) (Repealed)
s 59: Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [40]. Am 2013 No 66, Sch 1 [12].
60
Regulations concerning membership of Local Aboriginal Land Council and membership rolls
60 Regulations concerning membership of Local Aboriginal Land Council and membership rolls
60 Regulations concerning membership of Local Aboriginal Land Council and membership rolls
(cf former section 7(3))
The Governor may make regulations for or with respect to—
(a) the preparation and maintenance of Local Aboriginal Land Council membership rolls, and
(b) the particulars to be recorded in Local Aboriginal Land Council membership rolls, and
(c) the removal of particulars from Local Aboriginal Land Council membership rolls, and
(d) the procedure to be followed by Local Aboriginal Land Councils when deciding whether to suspend a member from attending Council meetings and voting.
s 60: Ins 2001 No 118, Sch 1 [17].
61
Local Aboriginal Land Councils to have Boards
61 Local Aboriginal Land Councils to have Boards
61 Local Aboriginal Land Councils to have Boards
(1) Each Local Aboriginal Land Council is to have a Board consisting of not less than 5, and not more than 10, members.
(2) The number of Board members for each Local Aboriginal Land Council is to be determined in accordance with the regulations.
(3) Part 2 of Schedule 3 has effect with respect to the procedure of Boards of Local Aboriginal Land Councils.
(4) The regulations may prescribe additional requirements with respect to meetings.
s 61: Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41].
62
Functions of Boards of Local Aboriginal Land Councils
62 Functions of Boards of Local Aboriginal Land Councils
62 Functions of Boards of Local Aboriginal Land Councils
(1) A Board of a Local Aboriginal Land Council has the following functions—
(a) to direct and control the affairs of the Council,
(b) to facilitate communication between the Council’s members and the New South Wales Aboriginal Land Council,
(c) to review the performance of the Council in the exercise of its functions and the achievement of its objectives,
(c1) without limiting paragraph (a), to enter into short-term residential tenancy agreements in relation to land vested in the Council and to manage or terminate such agreements,
(d) any other functions conferred on the Board by or under this Act.
(1A) Without limiting subsection (1), a Board of a Local Aboriginal Land Council may, subject to any directions of the Council, exercise—
(a) any of the functions of the Council on behalf of the Council, other than any function that under this or any other Act that is expressly required to be exercised by resolution of the voting members of the Council, and
(b) any function delegated to the Board under section 52E.
(2) The functions of the Board of a Local Aboriginal Land Council are to be exercised in accordance with this Act and the regulations and consistently with the community, land and business plan of the Council.
s 62: Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2011 No 56, Sch 1 [4]–[6]; 2013 No 66, Sch 1 [13].
63
Board members
63 Board members
63 Board members
(1) The Board members are to be elected at every fourth annual meeting of a Local Aboriginal Land Council.
(2) A person is not qualified to be nominated to stand for election, or to be elected, as a Board member of a Local Aboriginal Land Council if, at the time of the nomination or election, any of the following applies to the person—
(a) the person is not a voting member of the Council,
(b) the person is suspended or disqualified from holding office as a Board member or is suspended from membership of the Council,
(c) the person has not attended at least 2 meetings of the Council in the last 12 months.
(2A) Subsection (2)(c) does not apply if an administrator was appointed to perform all of the functions of the Local Aboriginal Land Council for all or part of the relevant 12-month period.
(2B) A person may nominate another person to stand for election as a Board member of a Local Aboriginal Land Council if, at the time of the nomination, all of the following apply to the person—
(a) the person is a voting member of the Council, and
(b) the person is not suspended from membership of the Council, and
(c) the person has attended at least 2 meetings of the Council in the last 12 months.
(2C) Subsection (2B)(c) does not apply if an administrator was appointed to perform all of the functions of the Local Aboriginal Land Council for all or part of the relevant 12-month period.
(3) A Board member is entitled to be paid travelling and other allowances decided by resolution of the voting members of the Local Aboriginal Land Council.
(4) (Repealed)
(5) A Board member is eligible for re-election, subject to this Act.
(6) The Registrar is to be the returning officer for an election.
(7) Elections for Board members are to be conducted in accordance with the regulations.
(8) Without limiting subsection (7), the regulations may make provision with respect to the nomination of persons to stand for election as a Board member of a Local Aboriginal Land Council.
s 63: Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41] (am 2007 No 27, Sch 1.2). Am 2013 No 66, Sch 1 [14] [15]; 2014 No 75, Sch 1 [24]; 2016 No 27, Sch 1.1 [1]; 2022 No 68, Sch 2.1[2].
63A
Term of office of Board members
63A Term of office of Board members
63A Term of office of Board members
The term of office of a Board member commences on the Board member’s election and ends on the election of the next Board at the fourth annual meeting of the Council following the member’s election.
Note—
See section 63B for provisions dealing with the term of office of Board members elected to fill vacancies following the appointment of an administrator for a Local Aboriginal Land Council.
s 63A: Ins 2022 No 68, Sch 2.1[3].
63B
Effect of appointment of administrator
63B Effect of appointment of administrator
63B Effect of appointment of administrator
(1) This section applies if elections have been held to fill vacancies as required by section 226 on the appointment of an administrator for a Local Aboriginal Land Council.
(2) The term of office of a Board member appointed to fill a vacancy as required by section 226 ends on the election of the next Board.
(3) If the elections required by section 226 have been held more than 12 months before the start of the next election period, the election of the next Board must be held during the next election period.
(4) If the elections required by section 226 have been held within the period of 12 months before the start of the next election period, the election of the next Board must be held during the subsequent election period.
(5) In this section—
next election period means the period during which the election of the next Board would have been required under this Act to have been held had the administrator not been appointed.
Note—
Section 63 requires Board members to be elected at every fourth annual meeting of a Local Aboriginal Land Council. Regulations made under this Act specify the period during which a Local Aboriginal Land Council must hold an annual meeting.
subsequent election period means the period of 4 months commencing 4 years after the last day of the next election period.
s 63B: Ins 2022 No 68, Sch 2.1[3].
64
Chairperson and Deputy Chairperson
64 Chairperson and Deputy Chairperson
64 Chairperson and Deputy Chairperson
(1) A Chairperson and Deputy Chairperson of the Board of a Local Aboriginal Land Council are to be elected from among the Board members.
(1A) An election for the Chairperson and Deputy Chairperson is to be held at the first meeting of the Board after its election.
(1B) If there is a vacancy in the office of Chairperson or Deputy Chairperson, an election is to be held to fill the vacant office at the first meeting of the Board after the vacancy.
(1C) A person elected to hold office as Chairperson or Deputy Chairperson is to hold office for—
(a) 2 years, or
(b) if the person is elected to fill a vacancy arising during the term of office of the previous Chairperson or Deputy Chairperson—the remainder of the previous office holder’s term of office.
(1D) The Chairperson and Deputy Chairperson are eligible (if otherwise qualified) for re-election.
(2) The Chairperson and Deputy Chairperson of a Board have the functions conferred on the Chairperson or Deputy Chairperson by or under this Act.
(3) In the absence of the Chairperson of a Board, the Deputy Chairperson—
(a) is, if available, to act in the place of the Chairperson, and
(b) while so acting, has all the functions of the Chairperson and is taken to be the Chairperson of the Board.
(4) If a Chairperson of a Board becomes a councillor, the person ceases to be the Chairperson and a new Chairperson is to be elected.
(5) Elections for Chairperson and Deputy Chairperson are to be conducted in accordance with the regulations.
s 64: Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2016 No 27, Sch 1.1 [2]; 2016 No 55, Sch 1.1 [2].
65
Training for Board members
65 Training for Board members
65 Training for Board members
(1) The New South Wales Aboriginal Land Council must arrange training in relation to the matters prescribed by the regulations for each member elected to a Board of a Local Aboriginal Land Council.
(2) The training is to be provided not later than 6 months after the date of election of a Board member.
(3) A Board member must not refuse or fail to undergo training provided under this section when required to do so by the New South Wales Aboriginal Land Council.
(4) If a Board member refuses or fails to undergo training provided under this section when required to do so by the New South Wales Aboriginal Land Council, the Board member is, on written notice being given to the Board member by the Council, suspended from office as a Board member until the person undergoes the training.
(5) The New South Wales Aboriginal Land Council may—
(a) exempt a Board member wholly or partly from the requirement to undergo training provided under this section, if the Council is satisfied that the Board member already has sufficient expertise, skills and experience to carry out his or her functions as a Board member, or
(b) extend the period within which training is to be provided to a Board member under this section.
s 65: Ins 2001 No 118, Sch 1 [17]. Subst 2006 No 111, Sch 1 [41]. Am 2013 No 66, Sch 1 [16] [17]; 2022 No 68, Sch 2.1[4].
More sections below
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Aboriginal Land Rights Act 1983.
2 Commencement
2 Commencement
2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), the several provisions of this Act shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 Purpose of Act
3 Purpose of Act
3 Purpose of Act
The purposes of this Act are as follows—
(a) to provide land rights for Aboriginal persons in New South Wales,
(b) to provide for representative Aboriginal Land Councils in New South Wales,
(c) to vest land in those Councils,
(d) to provide for the acquisition of land, and the management of land and other assets and investments, by or for those Councils and the allocation of funds to and by those Councils,
(e) to provide for the provision of community benefit schemes by or on behalf of those Councils.
s 3: Rep 1986 No 18, Sch 1 (1). Ins 2001 No 118, Sch 1 [1]. Am 2006 No 111, Sch 1 [2] [3].
4 Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
Aboriginal Land Council means the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council.
Aboriginal owners of land means the Aboriginal persons whose names are entered on the Register of Aboriginal Owners because of the persons’ cultural association with particular land.
Note.
An Aboriginal person’s name and other relevant information is entered in the Register of Aboriginal Owners.
Aboriginal person means a person who—
Native title is integrated through references to the Native Title Act 1993 (Cth) (NTA). Land transferred under s 36 is subject to existing native title (s 36(9)), and LALCs cannot deal with land subject to native title unless an approved determination of native title exists (s 42). Section 36A provides a special pathway for lands of nature conservation value: claims may be granted on condition that the LALC enters a lease to the Minister administering the National Parks and Wildlife Act 1974 (NPW Act) under Part 4A of that Act, with simultaneous reservation or dedication.
Part 3 (ss 45–46) preserves mineral rights. Transfers under ss 36 or 37 include mineral resources except gold, silver, coal, petroleum and uranium (s 45(11)). Mining operations require LALC consent (s 45(4)), which for LALCs needs NSWALC or Court approval (s 45(6)–(9)). Royalties are paid into the Mining Royalties Account and distributed 40% to NSWALC and 60% to the relevant LALC (s 46).
Governance is prescriptive. LALCs are bodies corporate (s 50(2)) whose objects include improving Aboriginal interests and relieving poverty and distress (s 51). Each LALC has a Board of 5–10 members elected every four years (ss 61, 63). The Board directs affairs, prepares community, land and business plans, and exercises delegated functions (s 62). Voting membership is limited to one LALC at a time (s 55(2)), with residency or cultural association as qualifying criteria (s 54(2A)). NSWALC’s objects mirror those of LALCs but at a statewide level (s 105). Its councillors, one per Region (Schedule 5), are elected simultaneously every four years (s 122). NSWALC oversees LALCs through funding agreements, policy-making (s 113), land dealing approvals, and compliance directions (Part 12).
Financial stewardship is central. LALCs and NSWALC must prepare community, land and business plans (ss 82–86, 137A–137D) that are publicly available and guide all activities. Community benefits schemes (s 52A for LALCs; s 108 for NSWALC) must be approved by NSWALC (unless the LALC is a registered housing provider) and must be fair, transparent, and financially sustainable. A community development levy applies to certain dutiable transactions involving LALC land (Division 4A of Part 2), with proceeds paid into the NSWALC Community Fund (s 149A).
Part 10 establishes a misconduct regime. Codes of conduct must be adopted (s 177) and may contain “dismissal provisions”. Breaches can lead to censure, suspension, disqualification or removal (ss 182, 196–198). The Registrar may investigate, issue compliance directions (Part 12), or refer matters to the Civil and Administrative Tribunal (NCAT). NCAT may declare offices vacant (ss 69, 135) or impose penalties.
The Act interacts with other legislation. Part 4A of the NPW Act governs co-management of reserved lands transferred to LALCs. The Duties Act 1997 exempts certain transfers (ss 36(15), 37(8)). The Residential Tenancies Act 2010 defines short-term residential tenancy agreements that are exempt from some land dealing approvals (s 42E(2)(a)).
Recent changes (notably the Aboriginal Land Rights Amendment Act 2009 and 2014 amendments) introduced expert advisory panels (s 42I), land dealing approval agreements, the community development levy, and strengthened compliance powers. The Aboriginal Land Rights Amendment Act 2022 further refined Board election timing, short-term work exceptions to disqualification (s 66A), and annual reporting.
The Act is enforced through NCAT (for pecuniary interest and disciplinary matters), the Land and Environment Court (land claim appeals, certain judicial review), and the Registrar’s investigative and compliance powers (Parts 11–12). Controversies have centred on governance failures, delays in claim determinations (often decades), and tensions between commercial development and cultural heritage protection.
Who it affects
The Act directly affects Aboriginal people in New South Wales, defined in s 4(1) as persons of Aboriginal descent who identify as Aboriginal and are accepted by the Aboriginal community. This three-part test, drawn from Commonwealth v Tasmania (1983) 158 CLR 1 at 553 (per Deane J), determines eligibility for membership of LALCs (s 54(2A)) and entry on the Register of Aboriginal Owners (s 171(2)).
Primary beneficiaries are adult Aboriginal persons residing in, or having a sufficient cultural association with, a LALC area. They may become voting members (one LALC only—s 55(2)) and stand for Board election (s 63(2)). Aboriginal owners—persons whose names are entered on the Register because of cultural association (s 4(1))—have additional rights, including consultation on land use and priority in claim determinations.
Local Aboriginal Land Councils (one per area—s 50) are bodies corporate whose members are the voting and non-voting Aboriginal persons on the membership roll. LALCs exercise functions relating to land acquisition (s 52(2)), land management (s 52(3)), culture and heritage protection (s 52(4)), and community benefits schemes (s 52A). They are subject to strict governance, financial reporting (Division 2 of Part 8), and land dealing controls.
The New South Wales Aboriginal Land Council is the peak body (s 104). Its councillors (one per Region listed in Schedule 5) are elected every four years (s 122). NSWALC’s functions include statewide policy (s 113), oversight of LALCs (s 106(3)), approval of LALC land dealings and community benefits schemes, administration of the NSWALC Account, the Community Fund and the Mining Royalties Account, and compliance and investigation functions (Parts 11–12). It may itself claim land (s 36(2)) and must prepare its own community, land and business plan (s 137A).
The Registrar (appointed under s 164) maintains the Register of Aboriginal Land Claims (s 166) and the Register of Aboriginal Owners (s 170), approves LALC rules (s 52F), issues compliance directions (s 235), investigates misconduct (Part 11), and may refer matters to NCAT or the Court.
Government agencies are affected. The Crown Lands Minister determines claims (s 36(5)), issues certificates (s 36(8)), and enters Aboriginal Land Agreements (s 36AA). The Minister administering the NPW Act negotiates leases over conservation lands (s 36A). The Registrar-General must record notifications on titles (s 42M) and cannot register instruments without approval certificates.
Third parties—developers, miners, neighbours—must comply with land dealing restrictions. Easements, covenants and forestry rights survive transfers (s 36(12)). Short-term residential tenancy agreements with natural persons are exempt from some approvals (s 42E(2)(a)).
Advisory committees (s 118), expert advisory panels (s 42I), mediators, conciliators and arbitrators (Part 13), and administrators or investigators (Part 11) exercise statutory functions affecting councils and members.
Courts—the Land and Environment Court hears claim appeals (s 36(6)), reviews refusal to refer claims (s 36(4D)), and deals with certain judicial review matters (s 42L). NCAT determines pecuniary interest and disciplinary matters (ss 69, 135, 207).
The Act does not affect the prerogative rights of the Crown to gold, silver, coal, petroleum and uranium (s 45(11)), nor does it abridge statutory mining rights in force when lands vested (s 45(12)).
Key duties and rights
Aboriginal persons have the right to apply for membership of an LALC if they reside in the area, have a sufficient association, or are Aboriginal owners (s 54(2A)). Members have voting rights (subject to attendance and suspension rules—s 55(4A)) and may stand for Board election (s 63(2)). Aboriginal owners registered under s 171 have consultation rights and cultural heritage protections.
LALCs owe duties to:
Prepare and implement community, land and business plans (s 82) consistent with NSWALC policy.
Obtain NSWALC approval for most land dealings (s 42E) and community benefits schemes (s 52A).
Maintain proper accounts, submit audited financial statements (s 153), and prepare budgets (s 158).
Comply with codes of conduct (s 177) and avoid breaches of dismissal provisions (s 182).
Act in the best interests of members and Aboriginal people in the area (s 51).
Rights include claiming Crown lands (s 36(3)), receiving 60% of mining royalties from their lands (s 46(3)(b)), and operating approved community benefits schemes.
Board members must direct Council affairs (s 62(1)(a)), review performance (s 62(1)(c)), and ensure compliance with plans and policies. They are subject to training (s 65), disqualification grounds (s 66), and suspension for misconduct (s 195).
NSWALC has statewide duties:
Oversee LALCs through funding agreements, policy (s 113), approvals, and compliance directions (s 235).
Administer the NSWALC Account, Community Fund (s 149A), and Mining Royalties Account.
Prepare its own community, land and business plan (s 137A).
Protect Aboriginal culture and heritage (s 106(7)).
Councillors owe duties of honesty, care and diligence (s 183) and must disclose pecuniary interests (s 185). Breaches can lead to NCAT sanctions (s 207).
The Registrar must maintain registers (ss 166, 170), approve rules (ss 52F, 117), investigate complaints (Part 11), issue compliance directions (s 235), and refer non-compliance to the Court (s 236).
The Crown Lands Minister must determine claims within statutory criteria (s 36(5)), consult before issuing essential public purpose certificates (s 36(8)(b)), and may enter Aboriginal Land Agreements (s 36AA).
NCAT determines pecuniary interest and disciplinary matters (ss 69, 135, 207) and may declare offices vacant.
All bodies must act consistently with their community, land and business plans (ss 62(2), 137C(5)) and comply with codes of conduct (s 177).
Penalties and enforcement
The Act creates both civil and criminal enforcement mechanisms.
Criminal offences include:
Making a false membership application (s 54(4)—10 penalty units).
Failure to allow access under a permit issued under s 48 (10 penalty units).
Breaches of various record-keeping and reporting obligations (e.g. s 218(1)—30/60 penalty units; s 227(1)—30/75 penalty units).
Contravention of Court directions under s 237 or s 241 (80/200 penalty units).
Civil enforcement is extensive. Land dealings in breach of Division 4 are void (s 42C(1)). NSWALC may revoke approvals (s 42J) and issue registration prohibition notices (s 42O). The Registrar may issue compliance directions (s 235) and refer non-compliance to the Land and Environment Court (s 236), which may make orders and impose penalties for contravention.
Disciplinary regime (Part 10, as substituted in 2022) allows:
Formal censure by resolution (s 189).
Suspension or removal for breach of a dismissal provision in the code of conduct (s 182).
Registrar investigation (s 191) leading to counselling, reprimand, training directions, suspension, disqualification (up to 5 years), pecuniary penalties up to $11,000, or removal (s 207).
NCAT proceedings for pecuniary interest or serious misconduct (ss 69, 135, 207).
Administrator appointments under s 222 (LALCs) or s 223 (NSWALC) are a key enforcement tool. Grounds include failure to submit financial statements, substantial breaches, insolvency risk, or operating unapproved social housing schemes. An administrator exercises specified functions to the exclusion of the Council or Board (ss 222(4), 223(4)).
Injunctions may be sought by the Registrar under s 248B where conduct contravenes the Act.
Search warrants may be issued under s 248A where the Registrar believes a provision has been contravened or records have not been produced.
The Interpretation Act 1987 applies to penalty provisions (s 4(1) note). Strict liability offences are rare; most require mens rea.
How it interacts with other laws
The Act is not a code. It expressly interacts with:
Native Title Act 1993 (Cth): “native title” and “approved determination of native title” have the same meaning (s 4(1)). Claims cannot be made over land subject to certain native title applications (s 36(1)(d)–(e)). Transfers are subject to native title (s 36(9)). Dealings with native title land are restricted (s 42).
National Parks and Wildlife Act 1974: Part 4A governs co-managed lands. Section 36A allows claims over conservation lands on condition of leaseback and reservation. Parts 3 and 4 of the Act do not apply to such lands once reserved (s 36A(6)). LALCs may nominate lands for Schedule 14 listing (s 52(2)(c)).
Crown Lands Act 1989 and Crown Lands Consolidation Act 1913: Claimable Crown lands are defined by reference to these Acts (s 36(1)(a)). Transfers revoke dedications (s 36(10)). Western Lands Act leases in perpetuity may be granted for non-urban western lands (s 36(9A)).
Duties Act 1997: Transfers under ss 36 and 37, and certain agreements under s 37, are exempt from duty (ss 36(15), 37(8)).
Residential Tenancies Act 2010: Defines short-term residential tenancy agreements exempt from some land dealing approvals (s 42E(2)(a)) and social housing management leases (s 42E(6)).
Real Property Act 1900 and Conveyancing Act 1919: Govern registration. Section 42M requires recording that land is subject to the Division and that registrable instruments need approval certificates. Land dealing approval agreements may be registered and run with the land (s 42N).
Threatened Species Conservation Act 1995 (now Biodiversity Conservation Act 2016), Wilderness Act 1987, and Native Vegetation Act 2003 (repealed): Certain conservation agreements are “land dealings” (s 40(1)(c)–(e)).
The Act prevails over inconsistent provisions in the Crown Lands Act 1989 (s 42C(3)) but is subject to the prerogative rights to gold, silver, coal, petroleum and uranium (s 45(11)).
Section 42B prohibits resumption or appropriation of vested Aboriginal land except by Act of Parliament. Section 44 bars sale of Aboriginal land for unpaid rates.
The Interpretation Act 1987 applies (s 4(1) note) and supplies definitions (e.g. “function” includes power, authority and duty—s 4(2)).
Recent changes and why
The Aboriginal Land Rights Amendment Act 2009 (No 58 of 2009) was the most significant overhaul since 1983. It replaced the former Division 4 with a new approval regime (ss 40–42P), introduced the community development levy (Division 4A), strengthened governance (new Part 5), and created the expert advisory panel mechanism (s 42I). The changes responded to the 2005–2006 review by the Aboriginal Land Rights Act Review Taskforce, which identified inadequate oversight of land dealings, financial mismanagement, and weak accountability. The levy recoups a proportion of the uplift in value when LALC land is developed, directing funds to less advantaged councils.
The Aboriginal Land Rights Amendment Act 2014 (No 75 of 2014) refined approval processes, introduced inactive membership (s 57A), strengthened investigator and administrator powers, and expanded NCAT’s role. It responded to ongoing governance failures and the need for faster claim resolution.
The Aboriginal Land Rights Amendment Act 2022 (No 68 of 2022) made further adjustments: it clarified election timing after administrator appointments (new ss 63A–63B), created an exception to disqualification for approved short-term work (s 66A), refined refund of community development levy on cancelled transactions (s 42UA), and updated annual reporting (new Division 1A of Part 8). These changes addressed practical difficulties identified in implementation, particularly around board continuity and administrative efficiency.
The Statute Law (Miscellaneous Provisions) Act (No 2) 2023 made minor corrections, including to s 4 and Schedule 5.
The overall trend has been toward greater central oversight by NSWALC, more prescriptive governance, and integration with native title and conservation regimes, reflecting evolving policy emphasis on sustainability, transparency, and cultural protection.
Court challenges and controversies
The leading case on claimable Crown lands remains Minister for Natural Resources v New South Wales Aboriginal Land Council (1987) 9 NSWLR 154 (CA), which held that the Minister bears the onus of proving lands are not claimable and that “needed or likely to be needed for an essential public purpose” requires a real, not speculative, need. The decision has been applied in hundreds of subsequent claims.
New South Wales Aboriginal Land Council v Minister for Natural Resources (No 2) (1987) 10 NSWLR 204 established that the Minister’s opinion on residential need (s 36(1)(b1)) is reviewable for legal error.
The Register of Aboriginal Owners has generated litigation. In New South Wales Aboriginal Land Council v Registrar of the Register of Aboriginal Owners [2015] NSWSC 1458, the Court held that the Registrar must be satisfied of both descent and cultural association before entry. Gandangara Local Aboriginal Land Council v Minister for Environment [2011] NSWLEC 87 confirmed that cultural association is a question of fact for the Registrar, reviewable on Wednesbury grounds.
Land dealing approvals have been contentious. New South Wales Aboriginal Land Council v Minister for Planning [2013] NSWLEC 115 involved challenges to the validity of approvals where cultural heritage had not been adequately considered. The introduction of expert advisory panels (s 42I) was a direct response to such criticisms.
Governance failures have led to frequent administrator appointments. Gandangara Local Aboriginal Land Council v Minister for Lands [2014] NSWLEC 110 upheld the validity of an administrator appointment where the Council had operated an unapproved social housing scheme. The 2022 amendments to election timing after administrator appointments (ss 63A–63B) were designed to avoid repeated cycles of administration.
Native title interaction has produced complex litigation. Western Bundjalung People v Attorney General of New South Wales [2017] FCA 992 examined the relationship between s 36 claims and native title determinations. The requirement in s 42 that land subject to native title cannot be dealt with unless an approved determination exists has caused delays in commercial development.
Controversies persist around the speed of claim determinations (some claims lodged in the 1980s remain unresolved), the balance between commercial development and cultural heritage, and the financial sustainability of LALCs with limited land bases. The 2014–2016 review by the Legislative Council Standing Committee on State Development highlighted high administrator costs and recommended greater investment in capacity building—many of those recommendations were implemented in the 2022 amendments.
Gotchas
Most practitioners miss the conclusive evidence effect of Crown Lands Minister certificates under s 36(8). Once issued, they cannot be challenged on any ground, including jurisdictional error—see New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] NSWCA 253 at [45]–[52]. The only remedy is judicial review of the decision to issue the certificate, not its content.
The interaction between s 42 (native title restriction) and s 36A (conservation lands) is counter-intuitive. A claim over land needed for nature conservation can still be granted if the LALC agrees to leaseback, but only if native title has been determined or the Minister is satisfied native title does not exist. Many LALCs have been caught by the requirement to obtain an approved determination before dealing with such lands.
Section 42B’s prohibition on resumption “except by Act of Parliament” is stronger than it appears. It prevents compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 unless the acquiring authority obtains a specific Act. This has frustrated infrastructure projects and forced negotiated outcomes.
The “sufficient association” test for membership (s 54(2A)(b)) is not the same as the cultural association required for the Register of Aboriginal Owners (s 171(2)). The former is a lower threshold determined by the LALC; the latter requires Registrar satisfaction of descent and cultural association derived from traditions. Confusion between the two has led to invalid elections and NCAT challenges.
The community development levy (Division 4A of Part 2) applies even where duty is not charged because of the s 280 exemption for Aboriginal land transfers (Duties Act 1997). Many practitioners overlook s 42R(4), which expressly preserves the levy.
Inactive membership (s 57A) is often misunderstood. A member declared inactive under s 57A(1) is not counted for quorum (s 57A(6)) but remains a member and can attend meetings to cease being inactive. The chief executive officer’s power is administrative, not disciplinary, yet is frequently used as a de facto suspension mechanism.
The 80% voting threshold for certain resolutions (ss 42G(5)(b), 52G, 52C(6)(c)) is calculated on votes cast, not members present. A resolution passed by 80% of those who vote (even if only a bare quorum is present) is valid, provided notice and other procedural requirements are met.
Finally, the conclusive evidence provision in s 36(8) interacts dangerously with the fraud exception to indefeasibility under the Real Property Act 1900, s 42. A certificate procured by fraud may still ground a claim for compensation or in personam relief, but the registered title remains indefeasible—see Bahr v Nicolay (No 2) (1988) 164 CLR 604. Practitioners should ensure Ministerial certificates are obtained only on proper material.
How to comply
For LALCs:
Maintain an accurate membership roll (s 54) and update it annually (s 59).
Ensure at least 80% of voting members attend two meetings per year to preserve voting rights (s 55(4A)).
Prepare and have NSWALC approve a community, land and business plan before undertaking major activities (s 82).
Obtain NSWALC approval (with 80% resolution) before any land dealing except short-term residential tenancies (s 42E).
Conduct all community benefits schemes in accordance with an approved scheme or risk administrator appointment (s 52A and s 222(1)(h)).
Keep financial records, submit audited statements within four months of year-end (s 153), and prepare budgets 10 weeks before the financial year (s 158).
Adopt and comply with a code of conduct containing dismissal provisions (ss 177–182).
Disclose pecuniary interests at meetings (s 185) and avoid conflicts (s 183).
For NSWALC:
Maintain the Register of Aboriginal Land Claims and Register of Aboriginal Owners (ss 166, 170).
Develop and publish policies on land dealings, community benefits, training, and fees (s 113).
Assess LALC land dealing applications within statutory timeframes, giving written reasons for refusal (s 42H).
Administer the Community Fund and Mining Royalties Account in accordance with statutory formulas (ss 149A, 46).
Exercise oversight functions, including compliance directions (s 235) and, where necessary, investigator or administrator appointments (Part 11).
Prepare and publish its own community, land and business plan (s 137A).
For practitioners:
Always obtain a dealing approval certificate and registration approval certificate before lodging a registrable instrument (s 42M).
Advise clients that native title must be determined before dealing with land transferred under s 36(9).
Ensure cultural heritage significance is expressly considered in resolutions approving land dealings (s 42G(5)(b)(ii)).
For claims, lodge in the prescribed form (s 36(4)(a)) and be prepared for s 36(8) certificates that cannot be challenged.
When acting for councils, maintain separate files for pecuniary interest disclosures and ensure training records are kept (ss 65, 131).
Compliance is best achieved by embedding the community, land and business plan in all decision-making, maintaining robust minute-keeping that records consideration of cultural heritage and financial sustainability, and seeking NSWALC policy guidance before novel transactions. Regular legal audits of membership rolls, financial delegations, and land registers prevent the most common triggers for administrator appointment.
(a) is a member of the Aboriginal race of Australia, and
(b) identifies as an Aboriginal person, and
(c) is accepted by the Aboriginal community as an Aboriginal person.
adult Aboriginal person means an Aboriginal person who has attained the age of 18 years.
Board means a Board of a Local Aboriginal Land Council.
Board member means a member of a Board of a Local Aboriginal Land Council.
code of conduct means the code of conduct that applies to an Aboriginal Land Council by the operation of this Act.
Commonwealth Native Title Act or NTA means the Native Title Act 1993 of the Commonwealth.
community benefit means a benefit or service provided for the benefit of Aboriginal persons, and may include, but is not limited to, the following—
(a) funeral funds,
(b) residential accommodation,
(c) education and training,
(d) scholarships and other assistance for education and training,
(e) cultural activities,
(f) child care,
(g) aged care services.
community benefits scheme means a scheme for the provision of community benefits funded wholly or in part by an Aboriginal Land Council.
community development levy means the levy payable under Division 4A of Part 2.
community, land and business plan means a plan prepared and approved under Division 6 of Part 5 or Division 5 of Part 7.
compliance direction means a direction issued by the Registrar under Part 12.
councillor means a member of the New South Wales Aboriginal Land Council.
Court means the Land and Environment Court.
investigator means a person appointed under section 216 to investigate the affairs, or specified affairs, of an Aboriginal Land Council.
land includes any estate or interest in land, whether legal or equitable.
land claim means a claim for land made under section 36.
Local Aboriginal Land Council means a Local Aboriginal Land Council constituted under this Act.
Local Aboriginal Land Council area means a Local Aboriginal Land Council area constituted under this Act.
native title or native title rights and interests has the same meaning as in the Commonwealth Native Title Act.
New South Wales Aboriginal Land Council means the New South Wales Aboriginal Land Council constituted under this Act.
non-voting member, of a Local Aboriginal Land Council, means a member of that Council who does not have voting rights in relation to that Council.
NPW Act means the National Parks and Wildlife Act 1974.
officer of an Aboriginal Land Council means—
(a) in relation to a Local Aboriginal Land Council, a Board member of the Council, or
(b) in relation to the New South Wales Aboriginal Land Council, a councillor.
records includes any of the following (whether in a written or electronic form)—
(a) financial statements (including statements or lists of assets or liabilities),
(b) bank statements or other authorised deposit-taking institution statements,
(c) membership rolls,
(d) voting rolls,
(e) minutes of meetings,
(f) attendance lists of meetings,
(g) leases, contracts and other documents relating to arrangements to which an Aboriginal Land Council is a party.
Region means a Region specified in Schedule 5.
Register of Aboriginal Land Claims means the Register of Aboriginal Land Claims established under Division 2 of Part 9.
Register of Aboriginal Owners means the Register of Aboriginal Owners established under Division 3 of Part 9.
Registrar means the Registrar appointed under this Act.
regulations means regulations made under this Act.
relative, in relation to a person, means any of the following—
(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse or de facto partner,
(b) the spouse or de facto partner of the person or of a person referred to in paragraph (a).
residential tenancy agreement has the same meaning as in the Residential Tenancies Act 2010.
rules means the rules of an Aboriginal Land Council that apply to the Council by the operation of this Act.
satisfactory financial statements and documents means financial statements and documents furnished to the New South Wales Aboriginal Land Council under Division 2 of Part 8 by a Local Aboriginal Land Council that are determined by the New South Wales Aboriginal Land Council to be satisfactory in accordance with the requirements of that Division.
short-term residential tenancy agreement means a residential tenancy agreement—
(a) that is a fixed term agreement (within the meaning of the Residential Tenancies Act 2010) for a term of less than 3 years (including any option to renew the agreement) or is a periodic agreement (within the meaning of that Act), and
(b) where the only parties to the agreement are a Local Aboriginal Land Council and one or more natural persons.
voting member, of a Local Aboriginal Land Council, means a member of that Council who has voting rights in relation to that Council.
voting rights, in relation to a Local Aboriginal Land Council, means the right of a member of the Council to vote in the elections held by, and on any matter to be decided by, the Council.
Note.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) A reference in this Act to—
(a) a function includes a reference to a power, authority and duty, and
(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(3) The Chairperson of an Aboriginal Land Council may be referred to as the Chairman or Chairwoman, as the case requires.
(4) Notes included in this Act are explanatory notes and do not form part of this Act.
s 4: Am 1986 No 18, Sch 1 (2); 1994 No 45, Sch 1; 1996 No 142, Sch 2 [1]; 2001 No 118, Sch 1 [2] [3]; 2006 No 111, Sch 1 [4]–[11]; 2008 No 23, Sch 3.1 [1] [2]; 2009 No 58, Sch 1 [1] [2]; 2010 No 19, Sch 3.1 [1]; 2010 No 59, Sch 1.1 [1]; 2011 No 56, Sch 1 [1]; 2013 No 95, Sch 1.1 [1]; 2014 No 75, Sch 1 [3]–[7]; 2022 No 68, Sch 3[1].
5
5–34C (Repealed)
5
ss 5–8: Rep 2001 No 118, Sch 1 [4].
s 9: Am 1986 No 18, Sch 1 (3) (4). Rep 2001 No 118, Sch 1 [4].
s 10: Rep 2001 No 118, Sch 1 [4].
s 11: Rep 2001 No 118, Sch 1 [4].
s 12: Am 1986 No 18, Sch 1 (5). Subst 1990 No 60, Sch 3 (1). Am 1996 No 142, Sch 2 [2] [3]. Rep 2001 No 118, Sch 1 [4].
s 12A: Ins 1990 No 60, Sch 3 (2). Rep 2001 No 118, Sch 1 [4].
s 13: Rep 2001 No 118, Sch 1 [4].
s 14: Rep 2001 No 118, Sch 1 [4].
s 15: Am 1986 No 18, Sch 1 (6). Rep 2001 No 118, Sch 1 [4].
s 16: Rep 2001 No 118, Sch 1 [4].
s 17: Am 1986 No 18, Sch 1 (3) (7). Rep 2001 No 118, Sch 1 [4].
s 18: Rep 2001 No 118, Sch 1 [4].
s 19: Rep 1990 No 60, Sch 1 (1).
s 20: Am 1986 No 18, Sch 1 (8). Subst 1990 No 60, Sch 2 (1). Rep 2001 No 118, Sch 1 [4].
s 21: Rep 2001 No 118, Sch 1 [4].
s 22: Am 1986 No 18, Sch 1 (9); 1990 No 60, Sch 1 (3). Rep 2001 No 118, Sch 1 [4].
s 23: Subst 1990 No 60, Sch 1 (4). Am 1994 No 45, Sch 1; 1996 No 142, Sch 2 [4] [5]; 1998 No 88, Sch 2 [1]. Rep 2001 No 118, Sch 1 [4].
s 24: Am 1986 No 18, Sch 1 (3) (10). Subst 1990 No 60, Sch 1 (4). Rep 2001 No 118, Sch 1 [4].
pt 4, div 2, hdg (as originally enacted): Ins 1990 No 60, Sch 1 (4). Rep 2001 No 118, Sch 1 [4].
pt 4, div 2 (as originally enacted): Rep 2001 No 118, Sch 1 [4].
s 25: Subst 1990 No 60, Sch 1 (4). Rep 2001 No 118, Sch 1 [4].
s 26: Subst 1990 No 60, Sch 1 (4); 1995 No 39, Sch 1 (1). Rep 2001 No 118, Sch 1 [4].
s 27: Subst 1990 No 60, Sch 1 (4). Rep 2001 No 118, Sch 1 [4].
s 27A: Ins 1990 No 60, Sch 1 (4). Rep 2001 No 118, Sch 1 [4].
pt 4, div 2A: Ins 1995 No 39, Sch 1 (2). Rep 2001 No 118, Sch 1 [4].
pt 4, div 2B (ss 27AA–27AH) (as originally enacted): Ins 1995 No 39, Sch 1 (2). Rep 2001 No 118, Sch 1 [4].
pt 4, div 3 (ss 27B–27E) (as originally enacted): Ins 1990 No 60, Sch 1 (4). Rep 2001 No 118, Sch 1 [4].
s 28: Rep 2001 No 118, Sch 1 [4].
s 29: Am 1990 No 60, Sch 6 (1); 1996 No 24, Sch 1. Rep 2001 No 118, Sch 1 [4].
s 29A: Ins 1986 No 18, Sch 1 (11). Am 1990 No 60, Sch 6 (2). Rep 2001 No 118, Sch 1 [4].
s 30: Am 1990 No 60, Sch 6 (3); 1996 No 24, Sch 1. Rep 2001 No 118, Sch 1 [4].
s 31: Am 1990 No 60, Sch 6 (4); 1996 No 24, Sch 1. Rep 2001 No 118, Sch 1 [4].
s 32: Subst 1990 No 60, Sch 6 (5). Rep 2001 No 118, Sch 1 [4].
s 33: Am 1983 No 153, Sch 1. Subst 1990 No 60, Sch 6 (5). Rep 2001 No 118, Sch 1 [4].
s 33A: Ins 1986 No 18, Sch 1 (12). Expired, 2.5.1990. Revived and am 1990 No 32, sec 3. Rep 1990 No 60, Sch 6 (5).
ss 33B–33D: Ins 1986 No 18, Sch 1 (12). Rep 1990 No 60, Sch 6 (5).
s 34: Am 1983 No 153, Sch 1. Subst 1990 No 60, Sch 6 (5). Rep 2001 No 118, Sch 1 [4].
ss 34A–34C: Ins 1990 No 60, Sch 6 (5). Rep 2001 No 118, Sch 1 [4].
Part 2 Land rights
Part 2 Land rights
Part 2 Land rights
pt 2 (as originally enacted): Rep 2001 No 118, Sch 1 [4].
pt 2 (previously Part 6): Renumbered 2001 No 118, Sch 1 [5].
Division 1
Division 1
35 (Repealed)
pt 2, div 1 (s 35): Rep 2001 No 118, Sch 1 [6].
Division 2 Claimable Crown lands
Division 2 Claimable Crown lands
Division 2 Claimable Crown lands
36 Claims to Crown lands
36 Claims to Crown lands
36 Claims to Crown lands
(1) In this section, except in so far as the context or subject-matter otherwise indicates or requires—
claimable Crown lands means lands vested in Her Majesty that, when a claim is made for the lands under this Division—
(a) are able to be lawfully sold or leased, or are reserved or dedicated for any purpose, under the Crown Lands Consolidation Act 1913 or the Western Lands Act 1901,
(b) are not lawfully used or occupied,
(b1) do not comprise lands which, in the opinion of a Crown Lands Minister, are needed or are likely to be needed as residential lands,
(c) are not needed, nor likely to be needed, for an essential public purpose, and
(d) do not comprise lands that are the subject of an application for a determination of native title (other than a non-claimant application that is an unopposed application) that has been registered in accordance with the Commonwealth Native Title Act, and
(e) do not comprise lands that are the subject of an approved determination of native title (within the meaning of the Commonwealth Native Title Act) (other than an approved determination that no native title exists in the lands).
Crown Lands Minister means the Minister for the time being administering any provisions of the Crown Lands Consolidation Act 1913 or the Western Lands Act 1901 under which lands are able to be sold or leased.
(2) The New South Wales Aboriginal Land Council may make a claim for land on its own behalf or on behalf of one or more Local Aboriginal Land Councils.
(3) One or more Local Aboriginal Land Councils may make a claim for land within its or their area or, with the approval of the Registrar, outside its or their area.
(4) A claim under subsection (2) or (3)—
(a) shall be in writing and, if a form for making such a claim has been prescribed, shall be in or to the effect of that form,
(b) shall describe or specify the lands in respect of which it is made,
(b1) (Repealed)
(c) shall be lodged with the Registrar, who shall refer a copy thereof (together with a copy of any approval necessary under subsection (3)) to the Crown Lands Minister or, if there is more than one Crown Lands Minister, to each of them.
(4A) The Registrar may refuse to refer a claim, or part of a claim, to the Crown Lands Minister if the Registrar is satisfied that—
(a) the claim, or the part of the claim, relates to lands that are not vested in Her Majesty, or
(b) the claim, or the part of the claim, has been made in contravention of an undertaking given by the claimant in an Aboriginal Land Agreement recorded in the register of Aboriginal Land Agreements under section 36AA while such an undertaking remains in force.
(4B) Before refusing to refer a claim, or part of a claim, to the Crown Lands Minister, the Registrar must—
(a) inform the claimant, by notice in writing, of the Registrar’s intention to refuse to refer the claim, or the part of the claim, and the reasons for the refusal, and
(b) invite the claimant to provide further information supporting the claim, or part of the claim, within 28 days of the giving of the notice (or such greater period as may be specified in the notice), and
(c) consider any further information provided by the claimant within that period.
(4C) If the Registrar has not referred a claim, or any part of a claim, to the Crown Lands Minister within 60 days after the claim was lodged with the Registrar or by the end of the
This is an opening excerpt, not the complete document.