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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

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.