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Short title
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These regulations may be cited as the Aboriginal Lands Regulations 2018 .
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Tasmania regulation
These regulations set out procedural rules and decision-guidance under the Aboriginal Lands Act 1995 for renewal of leases and licences and for appeals. They prescribe public notice and hearing procedures (with narrow confidentiality exceptions) and give Councils the Schedule 1 factors to use when deciding further leases or licences.
They affect Aboriginal councils, local Aboriginal groups, applicants and lessees: councils and applicants carry consultation and compliance costs, while the Commissioner holds broad discretion over hearing location, formality and confidential evidence (Regs 4–6; Sch 1).
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Direct links to the current provisions in Aboriginal Lands Regulations 2018.
These regulations may be cited as the Aboriginal Lands Regulations 2018 .
These regulations take effect on 4 June 2018.
In these regulations –
Act means the Aboriginal Lands Act 1995 ;
Commissioner means the Executive Commissioner of the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997.
For section 28(2) of the Act, the guidelines in Schedule 1 are prescribed.
(1) An appeal under section 29 of the Act is to be heard at a place determined by the Commissioner.
(2) Before an appeal is heard, the Commissioner is to give reasonable notice of the hearing in at least 3 newspapers published and circulated generally in Tasmania stating –
(a) the subject of the appeal; and
(b) the time and place at which the appeal is to be heard.
(1) An appeal is to be heard in public.
(2) The Commissioner may receive evidence in private if –
(a) a person who appears to give evidence at a hearing objects to doing so in public and the Commissioner considers that –
(i) the evidence may be of a confidential nature; and
(ii) the interest in confidentiality is greater than the interest in having the evidence taken in public; or
(b) the Commissioner considers that –
(i) the evidence to be given at the hearing may be of a confidential nature even though the person who appears to give the evidence has not objected to doing so in public; and
(ii) the interest in confidentiality is greater than the interest in having the evidence taken in public; or
(c) an Aboriginal person who appears to give evidence at a hearing objects to doing so in public and the Commissioner considers that the evidence may relate to Aboriginal historical or cultural matters.
(3) At the hearing, the Commissioner –
(a) may inform himself or herself about any matter in any way he or she thinks fit; and
(b) may receive oral or written evidence; and
(c) may receive evidence on oath or affirmation; and
(d) is not bound to act in a formal manner; and
(e) is not bound by the rules of evidence.
1. In determining whether to grant a further lease or licence under section 28 of the Act in relation to any Aboriginal land, the Council is to consider the following:
(a) whether the proposed lease or licence –
(i) may affect any Aboriginal historical, cultural or social interest in the land; or
(ii) may impede the Council in sustainably managing the land; or
(iii) is contrary to, or may adversely affect, any management plan or draft management plan in respect of the land; or
(iv) may tend to deprive any Aboriginal group or Aboriginal person of a connection with the land;
(b) whether there has been any adverse effect upon the land as a result of the grant of the existing lease or licence;
(c) whether the local Aboriginal group or, if no such group has been nominated, the local Aboriginal community, agrees to the grant of the proposed lease or licence.
2. In determining the terms and conditions of a further lease or licence to be granted under section 28 of the Act in relation to any Aboriginal land, the Council is to consider the following:
(a) whether the proposed lease or licence may –
(i) affect any Aboriginal historical, cultural or social interest in the land; or
(ii) impede the Council in sustainably managing the land;
(b) whether it is necessary or desirable to protect or encourage the association or connection of any local Aboriginal group, local Aboriginal community or local Aboriginal person with the land.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 30 May 2018
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
These regulations may be cited as the Aboriginal Lands Regulations 2018 .
These regulations take effect on 4 June 2018.
In these regulations –
Act means the Aboriginal Lands Act 1995 ;
Commissioner means the Executive Commissioner of the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997.
For section 28(2) of the Act, the guidelines in Schedule 1 are prescribed.
(1) An appeal under section 29 of the Act is to be heard at a place determined by the Commissioner.
(2) Before an appeal is heard, the Commissioner is to give reasonable notice of the hearing in at least 3 newspapers published and circulated generally in Tasmania stating –
(a) the subject of the appeal; and
(b) the time and place at which the appeal is to be heard.
(1) An appeal is to be heard in public.
(2) The Commissioner may receive evidence in private if –
(a) a person who appears to give evidence at a hearing objects to doing so in public and the Commissioner considers that –
(i) the evidence may be of a confidential nature; and
(ii) the interest in confidentiality is greater than the interest in having the evidence taken in public; or
(b) the Commissioner considers that –
(i) the evidence to be given at the hearing may be of a confidential nature even though the person who appears to give the evidence has not objected to doing so in public; and
(ii) the interest in confidentiality is greater than the interest in having the evidence taken in public; or
(c) an Aboriginal person who appears to give evidence at a hearing objects to doing so in public and the Commissioner considers that the evidence may relate to Aboriginal historical or cultural matters.
(3) At the hearing, the Commissioner –
(a) may inform himself or herself about any matter in any way he or she thinks fit; and
(b) may receive oral or written evidence; and
(c) may receive evidence on oath or affirmation; and
(d) is not bound to act in a formal manner; and
(e) is not bound by the rules of evidence.
Regulation 4
1. In determining whether to grant a further lease or licence under section 28 of the Act in relation to any Aboriginal land, the Council is to consider the following:
(a) whether the proposed lease or licence –
(i) may affect any Aboriginal historical, cultural or social interest in the land; or
(ii) may impede the Council in sustainably managing the land; or
(iii) is contrary to, or may adversely affect, any management plan or draft management plan in respect of the land; or
(iv) may tend to deprive any Aboriginal group or Aboriginal person of a connection with the land;
(b) whether there has been any adverse effect upon the land as a result of the grant of the existing lease or licence;
(c) whether the local Aboriginal group or, if no such group has been nominated, the local Aboriginal community, agrees to the grant of the proposed lease or licence.
2. In determining the terms and conditions of a further lease or licence to be granted under section 28 of the Act in relation to any Aboriginal land, the Council is to consider the following:
(a) whether the proposed lease or licence may –
(i) affect any Aboriginal historical, cultural or social interest in the land; or
(ii) impede the Council in sustainably managing the land;
(b) whether it is necessary or desirable to protect or encourage the association or connection of any local Aboriginal group, local Aboriginal community or local Aboriginal person with the land.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 30 May 2018