New South Wales Consolidated Acts

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 37

37 Aboriginal lands in travelling stock reserves

(1) Where a claim by an Aboriginal Land Council is lodged under section 36 in respect of land which is or is part of a travelling stock reserve within the meaning of the Rural Lands Protection Act 1998 (not being a travelling stock reserve in the Western Division within the meaning of the Crown Lands Act 1989 ), the Registrar shall, in addition to complying with section 36 (4) (c), refer a copy of the claim to the Pastures Protection Board for the district in which that land is situated.

(2) This section has effect notwithstanding the provisions of the Rural Lands Protection Act 1998 or Crown Lands Act 1989 .

(3) Subject to subsection (4), the Crown Lands Minister within the meaning of section 36 may, in respect of the land referred to in subsection (1), enter into an agreement with the claimant Aboriginal Land Council so referred to, so as to achieve the following purposes:

(a) the vesting of the freehold title to that land, subject to any existing easements, in the claimant Aboriginal Land Council,

(b) the leasing in perpetuity of that land to Her Majesty at a nominal rent,

(c) the preparation of a plan of management in respect of that land giving the claimant Aboriginal Land Council or Aborigines defined rights, or conferring or imposing on the claimant Aboriginal Land Council or on Aborigines defined functions, in respect of that land.

(4) The Minister referred to in subsection (3) shall not enter into an agreement under that subsection in respect of land unless the Minister is satisfied that Aborigines have traditional rights to the land or that Aborigines have had a long association with the land.

(4A) The Minister referred to in subsection (3) shall not enter into an agreement under that subsection in respect of land which is or is part of a travelling stock reserve within the meaning of the Rural Lands Protection Act 1998 without the approval of the Minister administering that Act.

(5) For the purposes of giving effect to an agreement referred to in subsection (3):

(a) the Minister so referred to may, by notification published in the Gazette, vest the freehold title to land, subject to any existing easements, in the claimant Aboriginal Land Council and that notification shall have effect according to its tenor, and

(b) the Minister so referred to and the claimant Aboriginal Land Council may execute any necessary instruments.

(6) Subject to any plan of management prepared as referred to in subsection (3) in respect of the land, the vesting of the freehold title to any land in an Aboriginal Land Council, and the holding of the land under perpetual lease by Her Majesty, under this section shall not affect:

(a) the application of the provisions of the Rural Lands Protection Act 1998 , or regulations under that Act, to the land, or

(b) the status of the land for the purposes of any other law, other than a law relating to the registration of titles.

(7) There shall be no appeal against, or review of, a decision of the Minister referred to in subsection (3) not to enter into an agreement under this section.

(8) Duty under the Duties Act 1997 is not payable in respect of an agreement or other instrument executed for the purposes of this section.