ABORIGINAL LAND RIGHTS ACT 1983 - SECT 42K
Certificates for dealings by Local Aboriginal Land Councils
ABORIGINAL LAND RIGHTS ACT 1983 - SECT 42K
Certificates for dealings by Local Aboriginal Land Councils
(1) Dealing approval certificate If the
New South Wales Aboriginal Land Council approves a land dealing by a
Local Aboriginal Land Council under this Division, the Chief Executive Officer
of the New South Wales Aboriginal Land Council must give a
dealing approval certificate for the land dealing to the
Local Aboriginal Land Council within 14 days of approval being given.
(2)
Registration approval certificates The Chief Executive Officer of the
New South Wales Aboriginal Land Council must give a
registration approval certificate for an instrument relating to a land dealing
by a Local Aboriginal Land Council if the Chief Executive Officer is satisfied
as to the following-- (a) that the instrument is a registrable instrument
giving effect to or forming part of a land dealing approved by the
New South Wales Aboriginal Land Council under this Division,
(b) that any
conditions of the approval by the New South Wales Aboriginal Land Council of
the land dealing to which the instrument relates have been met,
(c) that any
community development levy payable in respect of that land dealing has been
paid.
(3) The Chief Executive Officer may refuse to give a
dealing approval certificate or a registration approval certificate under this
section if any assessment fee payable in relation to the application for
approval of the land dealing to which the certificate relates has not been
paid or is not subject to arrangements for payment that are satisfactory to
the New South Wales Aboriginal Land Council.
(3A) If the approval to which a
dealing approval certificate relates is amended under section 42IA-- (a) the
dealing approval certificate and the registration approval certificates, if
any, relating to the approval cease to have effect, and
(b) the
Local Aboriginal Land Council must, within 14 days after the amendment, return
to the Chief Executive Officer of the
New South Wales Aboriginal Land Council-- (i) the
dealing approval certificate, and
(ii) if a registration approval certificate
has been given for an instrument relating to the land dealing--each
registration approval certificate, and
(c) the Chief Executive Officer must,
within 14 days after the amendment, give to the Local Aboriginal Land Council
a new dealing approval certificate for the land dealing to which the amended
approval relates, and
(d) if the Chief Executive Officer is satisfied as to
the matters referred to in subsection (2)(a)-(c) for an instrument to which
the land dealing relates--the Chief Executive Officer must give to the
Local Aboriginal Land Council a new registration approval certificate for the
instrument.
(4) For the purposes of any other Act or law, a
dealing approval certificate for a land dealing by a
Local Aboriginal Land Council land is taken to be a written consent by the
New South Wales Aboriginal Land Council to the dealing.