ABORIGINAL LAND RIGHTS ACT 1983 - SECT 52A
Community benefits schemes
ABORIGINAL LAND RIGHTS ACT 1983 - SECT 52A
Community benefits schemes
(1) A Local Aboriginal Land Council may, in accordance with an approval of the
New South Wales Aboriginal Land Council-- (a) directly or indirectly, provide
community benefits under community benefits schemes, and
(b) without limiting
paragraph (a), provide, acquire, construct, upgrade or extend residential
accommodation for Aboriginal persons in its area.
(1A) Despite subsection
(1), the approval of the New South Wales Aboriginal Land Council is not
required for a community benefits scheme for the provision or acquisition of
residential accommodation for Aboriginal persons in its area, or for
constructing, upgrading or extending any such accommodation, if the
Local Aboriginal Land Council is-- (a) a registered Aboriginal housing
organisation (within the meaning of the Aboriginal Housing Act 1998 ), or
(b) a registered community housing provider (within the meaning of the
Community Housing Providers National Law (NSW) .
(2) The
New South Wales Aboriginal Land Council must not approve a
community benefits scheme of a Local Aboriginal Land Council unless it is
satisfied that-- (a) the proposed scheme complies with this Act and the
regulations, and
(b) the proposed scheme is consistent with any applicable
policy of the New South Wales Aboriginal Land Council, and
(c) the proposed
scheme is consistent with the community, land and business plan of the
Local Aboriginal Land Council, and
(d) the proposed scheme is fair and
equitable and will be administered in a way that is responsible and
transparent, and
(e) the proposed scheme is not likely to prevent the
Local Aboriginal Land Council from being able to meet its debts as and when
they fall due, and
(f) the need for the proposed benefits is not otherwise
being adequately met.
(3) A Local Aboriginal Land Council must ensure that
any community benefits scheme under which community benefits are provided by
it or on its behalf-- (a) complies with this Act and the regulations, and
(b)
is consistent with any applicable policy of the
New South Wales Aboriginal Land Council, and
(c) is consistent with the
community, land and business plan of the Local Aboriginal Land Council.
(4) A
Local Aboriginal Land Council may provide community benefits under a
community benefits scheme to persons within the areas of other
Local Aboriginal Land Councils and may provide community benefits in
conjunction with one or more other Aboriginal Land Councils.