New South Wales Consolidated Acts

ABORIGINAL LAND RIGHTS ACT 1983

- As at 1 July 2008
- Act 42 of 1983

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Purpose of Act
   4.      Definitions
           5-34C. (Repealed)

   PART 2 - LAND RIGHTS

           Division 1 - (Repealed)
           None

           Division 2 - Claimable Crown lands

   36.     Claims to Crown lands
   36A.    Special provision concerning certain Crown lands having nature conservation value
   37.     Aboriginal lands in travelling stock reserves

           Division 3 - Acquisition of other lands

   38.     Purchase, lease etc of property
   39.     Acquisition of land

           Division 4 - Disposal and use of Aboriginal land

   40.     Disposal of land restricted
   40AA.   Disposal of land subject to native title restricted
   40AB.   Disposal of land reserved or dedicated under NPW Act restricted
   40A.    Transfer of land from one Council to another
   40B.    Lease, use etc of land
   40C.    Sale etc of land by New South Wales Aboriginal Land Council
   40D.    Sale etc of land by Local Aboriginal Land Council
   41.     Powers of Aboriginal Land Councils with respect to property
   42.     Appropriation or resumption of Aboriginal lands
   42A.    Unlawful land dealings

           Division 5 - Rates

   43.     Exemption of Aboriginal lands from the payment of rates
   44.     Proceedings for non-payment of certain rates for Aboriginal lands barred
   44A.    Payment of rates by NSW Aboriginal Land Council

   PART 3 - MINERAL RIGHTS AND MINING

   45.     Mineral rights and mining on Aboriginal land
   46.     Fees or royalties for mining on Aboriginal land

   PART 4 - HUNTING, FISHING AND GATHERING

   47.     Agreements to permit hunting, fishing or gathering
   48.     Access permits may be issued by the Court

   PART 5 - LOCAL ABORIGINAL LAND COUNCILS

           Division 1 - Constitution of Local Aboriginal Land Councils and Local Aboriginal Land Council areas

   49.     Constitution of Local Aboriginal Land Council areas
   50.     Constitution of Local Aboriginal Land Councils
   51.     Objects of Local Aboriginal Land Councils

           Division 1A - Functions of Local Aboriginal Land Councils

   52.     Functions of Local Aboriginal Land Councils
   52A.    Community benefits schemes
   52B.    Social housing schemes
   52C.    Trusts
   52D.    Duty of Aboriginal Land Council not to transfer land or other assets to Council members, Board members, staff or consultants
   52E.    Delegation of functions by Local Aboriginal Land Councils
   52F.    Rules of Local Aboriginal Land Councils
   52G.    Functions to be exercised by Council resolution
   52H.    Meetings of Local Aboriginal Land Councils

           Division 2 - Membership of Local Aboriginal Land Councils

   53.     Membership of Local Aboriginal Land Councils
   54.     Local Aboriginal Land Council membership rolls
   55.     Aboriginal persons may be member of more than one Local Aboriginal Land Council
   56.     Nomination of voting area
   57.     Suspension of members from attending Council meetings
   58.     Removal of person’s name from membership roll
   59.     Updating and consolidation of membership rolls
   60.     Regulations concerning membership of Local Aboriginal Land Council and membership rolls

           Division 3 - Boards of Local Aboriginal Land Councils

   61.     Local Aboriginal Land Councils to have Boards
   62.     Functions of Boards of Local Aboriginal Land Councils
   63.     Board members
   64.     Chairperson and Deputy Chairperson
   65.     Training for Board members
   66.     Grounds for disqualification from office
   67.     Vacancy in office
   68.     Casual vacancy
   69.     ADT may declare particular offices of Local Aboriginal Land Council vacant
   70.     Appeals to Supreme Court against order
   71.     Effect of order declaring vacancy
   72.     Delegation by Boards

           Division 4 - (Repealed)
           None

           Division 5 - Staff of Local Aboriginal Land Councils

   78.     Staff
   78A.    Chief executive officer
   78B.    Certain persons must not be employed as chief executive officers
   78C.    Filling of vacancy in position of chief executive officer
   79.     Certain persons must not be employed
   79A.    Advertising vacancies
   80.     Appointments and promotion to be on merit
   81.     Consultants to be engaged on merit

           Division 6 - Community, land and business plans

   82.     Community, land and business plans
   83.     Matters covered by plans
   84.     Approval of community, land and business plans
   85.     Approval of plan by New South Wales Aboriginal Land Council
   86.     Administration may follow plan failure

           Division 7 - Changes to Local Aboriginal Land Councils and areas of Local Aboriginal Land Councils

   87.     Changes to Local Aboriginal Land Council areas
   88.     Effect of dissolution
   89.     Transfer of assets, rights and liabilities
   90.     Voluntary changes
   91.     Changes on initiative of Minister
   92.     Objections to Minister’s changes

   PART 6 - REGIONS

   93.     Regions
           94-103. (Repealed)

   PART 7 - NEW SOUTH WALES ABORIGINAL LAND COUNCIL

           Division 1 - Constitution of New South Wales Aboriginal Land Council

   104.    Constitution of NSW Aboriginal Land Council
   105.    Objects of New South Wales Aboriginal Land Council

           Division 2 - Functions of New South Wales Aboriginal Land Council

   106.    Functions of New South Wales Aboriginal Land Council
   107.    Training
   108.    Community benefits schemes
   109.    Social housing schemes
   110.    Increased membership of Local Aboriginal Land Councils
   111.    Trusts
   112.    Duty of New South Wales Aboriginal Land Council not to transfer land or other assets to councillors, staff or consultants
   113.    Policies relating to Aboriginal Land Council functions
   114.    Procedure for making policies
   115.    New South Wales Aboriginal Land Council may give other Councils directions regarding certain matters
   116.    Delegation by New South Wales Aboriginal Land Council
   117.    Rules of the New South Wales Aboriginal Land Council
   118.    Advisory committees
   119.    Approvals

           Division 3 - Councillors of NSW Aboriginal Land Council

   120.    Membership of New South Wales Aboriginal Land Council
   121.    Election of councillors
   122.    Timing of elections
   123.    Declaration of election
   124.    Councillors pending determination of disputed return
   125.    Method of disputing elections and returns
   126.    Procedure
   127.    Immaterial errors not to invalidate election
   128.    Decisions to be final
   129.    Chairperson and Deputy Chairperson
   130.    Role of councillors of NSW Aboriginal Land Council
   131.    Training for councillors

           Division 4 - Removal from office

   132.    Grounds for disqualification from office
   133.    Vacancy in office
   134.    Casual vacancy
   135.    ADT may declare particular offices of New South Wales Aboriginal Land Council vacant
   136.    Appeals to Supreme Court against order
   137.    Effect of order declaring vacancy

           Division 5 - Community, land and business plans

   137A.   Community, land and business plans
   137B.   Matters covered by plans
   137C.   Approval of community, land and business plans
   137D.   Administration may follow plan failure
           Divisions 6-8 - (Repealed)
           None

           Division 9 - Chief Executive Officer of New South Wales Aboriginal Land Council
           None

   138.    Chief Executive Officer
   138A.   Certain persons must not be employed as Chief Executive Officer
   139.    Functions of Chief Executive Officer
   140.    Attendance of Chief Executive Officer at meetings
   141.    Filling of vacancy in position of Chief Executive Officer
   141A.   Delegations by Chief Executive Officer

           Division 10 - Staff of New South Wales Aboriginal Land Council

   142.    Staff organisation structure
   143.    Appointments and promotion to be on merit
   143A.   Vacancies to be advertised
   144.    Certain persons must not be employed
   145.    Consultants to be engaged on merit

           Division 11 - (Repealed)
           None

   PART 8 - FINANCE

           Division 1 - Establishment of accounts

   149.    NSW Aboriginal Land Council Account
   150.    Preservation of money in NSW Aboriginal Land Council Account
   151.    (Repealed)
   152.    Local Aboriginal Land Council Accounts

           Division 2 - Keeping of accounts

   153.    Local Aboriginal Land Councils to keep accounts
   154.    Regulations may set requirements to judge satisfactory financial statements
   155.    Local Aboriginal Land Councils may request special auditor
   156.    Financial year of Aboriginal Land Councils
   157.    Budget of New South Wales Aboriginal Land Council
   158.    Budget of Local Aboriginal Land Councils
   159.    Quarterly and six monthly reports by New South Wales Aboriginal Land Council
   160.    NSW Aboriginal Land Council may give other Councils directions regarding accounting
   161.    Annual reports

           Division 3 - Funding of Local Aboriginal Land Councils

   162.    Funding agreements
   163.    Cessation of funding

   PART 9 - REGISTRAR AND REGISTERS OF ABORIGINAL LAND CLAIMS AND ABORIGINAL OWNERS
   None

           Division 1 - Registrar

   164.    Appointment of Registrar
   165.    Functions of Registrar
   165A.   Delegation

           Division 2 - Register of Aboriginal Land Claims

   166.    Register of Aboriginal Land Claims
   167.    Contents of Register of Aboriginal Land Claims
   168.    Registrar may request information from Crown Lands Minister
   169.    Regulations may provide for public inspection of Register

           Division 3 - Register of Aboriginal Owners

   170.    Register of Aboriginal Owners
   171.    Contents of Register of Aboriginal Owners
   172.    Requests for entry of names in Register
   173.    Requests for opening of parts of Register of Aboriginal Owners
   174.    Rectification of Register
   175.    Reference by Registrar to Land and Environment Court

   PART 10 - HONESTY AND DISCLOSURE OF INTERESTS
   None

           Division 1 - Honesty, care and diligence

   176.    Conduct of councillors, Board members and staff of Aboriginal Land Councils

           Division 2 - Codes of conduct

   177.    Codes of conduct

           Division 3 - Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal

   178.    Establishment of Pecuniary Interest and Disciplinary Tribunal
   179.    Constitution of Pecuniary Interest and Disciplinary Tribunal
   180.    Functions of Pecuniary Interest and Disciplinary Tribunal
   181.    Annual report

           Division 3A - Misbehaviour

   181A.   Interpretation
   181B.   Formal censure for misbehaviour
   181C.   Process for initiating suspension or other action
   181D.   Grounds on which a person may be suspended or action taken
   181E.   How requests and reports are to be dealt with
   181F.   Suspension by Registrar for misbehaviour
   181G.   When suspension order takes effect
   181H.   Appeals against suspension
   181I.   Actions by Registrar against members of staff for misbehaviour
   181J.   Appeals against action against members of staff
   181K.   Referral of matters to Pecuniary Interest and Disciplinary Tribunal
   181L.   Alternatives to suspension or referral to Pecuniary Interest and Disciplinary Tribunal
   181M.   Expenses to be borne by Aboriginal Land Councils
   181N.   Reasons to be given
   181O.   Other proceedings or actions not affected

           Division 4 - Duties of disclosure

              Subdivision 1 - Preliminary

   182.    Definition of “pecuniary interest”
   183.    Persons who have pecuniary interests

              Subdivision 2 - Disclosure of pecuniary interests at meetings

   184.    Disclosure and presence in meetings
   185.    Disclosures to be recorded
   186.    General disclosure
   187.    Disclosure by consultants
   188.    Circumstances in which sections 184 and 187 are not breached

           Division 5 - Complaints concerning non-disclosure

   189.    Complaints concerning failure to disclose pecuniary interests
   190.    Registrar may require further information
   191.    Inquiries regarding complaints
   192.    Decision not to inquire into complaint
   193.    Referral and investigation of complaints by other authorities
   194.    Pecuniary Interest and Disciplinary Tribunal to be notified of inquiries
   195.    Persons to be notified of complaint
   196.    Reports of investigation of complaints by authorities
   197.    Presentation of reports to Pecuniary Interest and Disciplinary Tribunal

           Division 6 - Proceedings before the Pecuniary Interest and Disciplinary Tribunal

              Subdivision 1 - Proceedings relating to pecuniary interest matters

   198.    Pecuniary Interest and Disciplinary Tribunal to decide whether or not to conduct proceedings into a complaint
   199.    Circumstances in which Pecuniary Interest and Disciplinary Tribunal may dispense with hearing

              Subdivision 2 - Proceedings relating to misbehaviour

   199A.   Pecuniary Interest and Disciplinary Tribunal to decide whether or not to conduct proceedings into a referred matter relating to misbehaviour
   199B.   Circumstances in which Pecuniary Interest and Disciplinary Tribunal may dispense with hearing

              Subdivision 3 - General provisions

   200.    General conduct of proceedings
   201.    Private and public hearings
   202.    Representation at hearings
   203.    Presentation of cases at hearings
   204.    Power to summon witnesses and take evidence at hearings
   205.    Power to obtain documents
   206.    Privilege concerning answers and documents
   207.    Additional complaints
   208.    Adjournments
   209.    Release of information
   210.    Witnesses’ expenses
   211.    Decision of Pecuniary Interest and Disciplinary Tribunal-interest matters
   211A.   Decision of Pecuniary Interest and Disciplinary Tribunal-misbehaviour matters
   212.    Standard of proof
   213.    Pecuniary Interest and Disciplinary Tribunal to provide details of its decisions
   214.    Appeals to Supreme Court
   215.    Referral of matters by Pecuniary Interest and Disciplinary Tribunal

   PART 11 - INVESTIGATION AND ADMINISTRATION OF ABORIGINAL LAND COUNCILS

           Division 1 - Investigation of Aboriginal Land Councils

   216.    Appointment of investigator into Aboriginal Land Councils
   217.    Contents of investigator’s instrument of appointment
   218.    Aboriginal Land Councils to assist investigators
   219.    Investigator to report
   220.    Minister may extend term of office of investigator
   221.    Minister may remove an investigator
   221A.   Provision of information to Registrar and New South Wales Aboriginal Land Council

           Division 2 - Administration of Aboriginal Land Councils

   222.    Administrators-Local Aboriginal Land Councils
   223.    Administrators-New South Wales Aboriginal Land Council
   223A.   Notice of appointment of administrator
   223B.   Interim actions pending appointment of administrator
   224.    Contents of administrator’s instrument of appointment
   225.    Certain persons ineligible to be administrators
   226.    Removal of office holders on appointment of administrator
   227.    Officers to assist administrator
   228.    Administrator of an Aboriginal Land Council may call meetings
   229.    Administrator to report monthly
   230.    Administrator may not buy or sell Local Aboriginal Land Council land without consent
   231.    Minister may extend term of office of administrator
   232.    Minister may remove administrator

           Division 3 - Non-functioning Aboriginal Land Councils and assistance to Local Aboriginal Land Councils

   233.    Failure of NSW Aboriginal Land Council to function
   234.    Appointment of advisors

   PART 12 - COMPLIANCE DIRECTIONS

   235.    Registrar may issue compliance directions
   236.    Registrar may refer failure to comply to Court
   237.    Court to determine compliance matters

   PART 13 - DISPUTE RESOLUTION

   238.    Application of Part
   239.    Mediation, conciliation or arbitration of disputes by NSW Aboriginal Land Council
   240.    Application of Commercial Arbitration Act 1984
   241.    Reference of disputes to Court

   PART 14 - MISCELLANEOUS

   242.    Exclusion of personal liability
   243.    Delegation
   244.    Service of documents
   245.    Authentication of certain documents
   246.    Proof of certain matters not required
   247.    Aboriginal Land Councils not statutory bodies representing the Crown
   248.    Aboriginal Land Councils to be public authorities etc for certain purposes
   249.    Proceedings for offences
   249A.   Offences by corporations
   250.    Establishment of new Local Aboriginal Land Councils
   251.    (Repealed)
   252.    Regulations
   252A.   Review of Act
   253.    Savings, transitional and other provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 3A
           SCHEDULE 4
           SCHEDULE 5
           Schedule 6 (Repealed)