New South Wales Consolidated Acts

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 40B

40B Lease, use etc of land

(1) The New South Wales Aboriginal Land Council may, subject to the provisions of any other Act:

(a) lease or change the use of land vested in it, and

(b) grant an easement over land vested in it, and

(c) release an easement benefiting land vested in it.

(2) A Local Aboriginal Land Council may, subject to the provisions of any other Act and with the approval of the New South Wales Aboriginal Land Council:

(a) lease land vested in it for a period of 3 or more years (including any option to renew the lease), and

(a1) change the use of land vested in it, and

(b) grant an easement over land vested in it, and

(c) release an easement benefiting land vested in it,

but only if the lease, change of use or the grant or release of the easement has been approved at a meeting of the Local Aboriginal Land Council specifically called for that purpose at which a quorum was present.

(2A) A Local Aboriginal Land Council may, subject to the provisions of any other Act, lease land vested in it for a period of less than 3 years (including any option to renew the lease), but only if the lease has been approved at a meeting of the Local Aboriginal Land Council specifically called for that purpose at which a quorum was present.

(3) The New South Wales Aboriginal Land Council may not refuse to give an approval of a lease or change of use under this section except on the ground that the terms or conditions of the lease are inequitable to the Local Aboriginal Land Council concerned or that the change of use would be detrimental to the interests of other Local Aboriginal Land Councils.

(4) Nothing in this section authorises the change of use of land claimed and granted to an Aboriginal Land Council under section 36 if the change of use contravenes a condition imposed when the claim was granted under that section.