What it does
The Aboriginal Land Rights Regulation 2020 (NSW) is the principal subordinate legislation supporting the Aboriginal Land Rights Act 1983. It commenced on 1 September 2020, replacing the Aboriginal Land Rights Regulation 2014 which was repealed on that date by operation of section 10(2) of the Subordinate Legislation Act 1989. The Regulation provides detailed procedural, financial and governance rules for the New South Wales Aboriginal Land Council (NSWALC) and Local Aboriginal Land Councils (LALCs). Its scope is broad, covering land dealings and approvals, a community development levy on certain dutiable transactions, exemptions from rates and charges for Aboriginal lands, the disposition of mining royalties, the procedure for applying for access permits for hunting, fishing or gathering, and the constitution and alteration of LALC areas. It prescribes the number of Board members for LALCs based on voting membership size, the conduct of elections for Board members and for NSWALC councillors (including postal voting, scrutiny and recount procedures), training requirements for Board members and councillors, the form and content of community, land and business plans, and the establishment of registers for expert advisory panels and for administrators. The Regulation also contains model rules for both LALCs and NSWALC (Schedule 1 and Schedule 2 respectively), prescribed codes of conduct for each level of council (Schedule 3 and Schedule 4), and prescribed forms for dealing approval certificates, registration approval certificates, certification of Regional Electoral Rolls and postal vote declarations (Schedule 5). Financial provisions govern investment of moneys in council accounts, the list of approved auditors, and the documents that LALCs must furnish to NSWALC. Administrative provisions cover the functions of administrators and interim administrators, the list of persons eligible for appointment as administrators (reviewed at least every five years), and performance improvement criteria that NSWALC must consider before making a performance improvement order in respect of a LALC. The Regulation also modifies the application of the Commercial Arbitration Act 2010 to arbitrations under the Act, requires NSWALC to make land register information available on request to LALC members, authorises the Registrar to delegate functions to any NSWALC staff member, and provides for requests for copies of minutes between councils. A savings provision (cl 113) ensures that any act, matter or thing that had effect under the repealed 2014 Regulation continues to have effect under the 2020 Regulation.