SCHEDULE 1 - Guidelines SCHEDULE 1 - Guidelines

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