New South Wales Consolidated Acts

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 106

106 Functions of New South Wales Aboriginal Land Council

(1) The New South Wales Aboriginal Land Council has the functions conferred or imposed on it by or under this or any other Act.

(2) Land acquisition The New South Wales 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 on its own behalf or on behalf of or to be vested in a Local Aboriginal Land Council and to use, manage, control, hold, transfer to a Local Aboriginal Land Council 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,

(f) to make claims to Crown lands, either on its own behalf or, if requested by a Local Aboriginal Land Council, on behalf of that Council,

(g) to compile and maintain a register of all land held by Local Aboriginal Land Councils and to make the information available on request to the members of the Council concerned.

(3) Oversight of Local Aboriginal Land Councils The New South Wales Aboriginal Land Council has the following functions in relation to Local Aboriginal Land Councils:

(a) with the agreement of a Local Aboriginal Land Council, to manage any of the affairs of the Council,

(b) to assist Local Aboriginal Land Councils in complying with this Act in respect of the establishment and keeping of accounts and the preparation and submission of budgets and financial reports,

(c) to assist Local Aboriginal Land Councils in the preparation and implementation of community, land and business plans,

(d) to approve community, land and business plans of Local Aboriginal Land Councils,

(e) to assist Local Aboriginal Land Councils in conducting elections in accordance with this Act for Board members,

(f) to determine and approve or disapprove of the terms and conditions of agreements proposed by Local Aboriginal Land Councils to allow mining or mineral exploration on land,

(g) to mediate, conciliate and arbitrate disputes relating to the operation of this Act or the regulations between Aboriginal Land Councils, between those Councils and individuals and between individual members of those Councils and to refer such disputes to the Registrar or independent mediators, conciliators and arbitrators,

(h) to approve land dealings by Local Aboriginal Land Councils.

(4) Policy and advice The New South Wales Aboriginal Land Council has the following functions in relation to policy and advice:

(a) to advise the Minister on matters relating to Aboriginal land rights,

(b) to prepare and implement policies relating to its functions under this Act and the functions of Local Aboriginal Land Councils under this Act.

(5) Administration of statutory accounts The New South Wales Aboriginal Land Council is to administer the New South Wales Aboriginal Land Council Account, the New South Wales Aboriginal Land Council Community Fund and the Mining Royalties Account established under this Act.

(6) Native title The New South Wales Aboriginal Land Council is to exercise the functions conferred or imposed, by the Commonwealth Native Title Act, on a representative Aboriginal/Torres Strait Islander body (within the meaning of that Act) if the Council is determined to be such a body by the relevant Commonwealth Minister under that Act.

(7) Aboriginal culture and heritage The New South Wales 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 New South Wales, subject to any other law,

(b) to promote awareness in the community of the culture and heritage of Aboriginal persons in New South Wales.

(8) Financial stewardship The New South Wales Aboriginal Land Council has the following functions in relation to financial management and business planning:

(a) to prepare and implement policies relating to community, land and business plans required to be adopted by Aboriginal Land Councils,

(b) to prepare and implement, in accordance with this Act, a community, land and business plan,

(c) to manage, in accordance with this Act, the investment of any assets of the Council,

(d) to facilitate business enterprises, in accordance with this Act,

(e) to grant funds for the payment of the costs and expenses of Local Aboriginal Land Councils (whether under funding agreements with Local Aboriginal Land Councils or otherwise).

(9) Other functions prescribed by regulations The New South Wales Aboriginal Land Council has any other functions prescribed by the regulations.

Note: Under section 50 of the Interpretation Act 1987 , the New South Wales 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. That provision is subject to the provisions of this Act.