New South Wales Consolidated Regulations

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ABORIGINAL LAND RIGHTS REGULATION 2002 

- Made under the Aboriginal Land Rights Act 1983
- As at 30 May 2012
- Reg 785 of 2002

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Notes
   5.      Repeal

   PART 2 - PROVISIONS RELATING TO LAND

   6.      (Repealed)
   7.      Exemption of Aboriginal lands from the payment of rates
   8.      Disposition of mining royalties (section 46)
   9.      Form of application for access permit (hunting, fishing or gathering)

   PART 3 - LOCAL ABORIGINAL LAND COUNCILS

           Division 1 - Manner of constitution

   10.     Application for constitution of an area as a Local Aboriginal Land Council area
   11.     Notification of application for constitution of an area as a Local Aboriginal Land Council area
   12.     Objections to proposal to constitute an area as a Local Aboriginal Land Council area
   13.     Consideration of objections by New South Wales Aboriginal Land Council
   14.     Registrar’s recommendation
   15.     Court’s recommendation
   16.     Court may review recommendation of the Registrar
   17.     Limitations on areas that may be constituted as Local Aboriginal Land Council areas
   18.     Determination of applications for constitution of an area as a Local Aboriginal Land Council area

           Division 2 - Alterations of boundaries or names and amalgamations

   19.     Alteration of boundaries or dissolution of Local Aboriginal Land Council area
   20.     Change of name of Local Aboriginal Land Council area
   21.     Amalgamation of, and inclusion in, Local Aboriginal Land Council areas
   22.     Transition after boundary change, amalgamation or inclusion

           Division 3 - Board members

   23.     Number of Board members for Council having more than 100 voting members
   24.     Number of Board members for Council having 100 or fewer voting members
   25.     Election of Board members
   25A.    Conduct of ballots for Board members
   25AA.   Assistance to certain electors
   25B.    Counting of votes
   25C.    Elections to fill casual vacancies
   25D.    Elections for Chairperson and Deputy Chairperson of Board
   25E.    Decisions of returning officer
   25F.    Retention of electoral papers
   25G.    Training requirements for Board members

           Division 4 - Meetings

   26.     Meetings of Local Aboriginal Land Councils (section 73)
   27.     Notice of meetings

           Division 5 - Miscellaneous

   28.     Local Aboriginal Land Council membership rolls (section 60)
   29.     Model rules
   30.     Community, land and business plans
   31.     Staff vacancies

   PART 4 - (Repealed)
   None

   PART 5 - NEW SOUTH WALES ABORIGINAL LAND COUNCIL

           Division 1 - Calling of election of councillors of New South Wales Aboriginal Land Council

   42.     Notice of election of New South Wales Aboriginal Land Council
   43.     Certification of roll
   44.     Calling for nominations
   45.     Extension of time
   46.     Officers to assist returning officer
   47.     Manner of nominating candidates
   48.     Rejection of nomination
   49.     Return of deposit
   50.     Withdrawal of nomination
   51.     Uncontested election
   52.     Contested election

           Division 2 - Ballot-papers

   53.     Order of candidates’ names on ballot-papers
   54.     Printing of ballot-papers
   55.     Directions to electors

           Division 3 - Postal voting

   56.     Applications to vote by post
   57.     Distribution of postal ballot-papers
   58.     Duplicate postal ballot-papers
   59.     Postal voting procedure
   60.     Preliminary scrutiny of postal ballot-papers and transmission to regional electoral officer

           Division 4 - Voting at polling places

   61.     Appointment of polling place
   62.     Arrangements at polling place
   63.     Hours of polling
   64.     Questions to be put to voter
   65.     Questions for challenged voters
   66.     Errors not to forfeit vote
   67.     Initialling of ballot-papers and marking of rolls
   68.     Recording of vote
   69.     Spoilt ballot-papers
   70.     Assistance to certain electors
   71.     Voting procedure-disputed votes

           Division 5 - The scrutiny

   72.     Scrutineers
   73.     Scrutiny of votes at close of poll
   74.     Informal ballot-papers
   75.     Transmission of ballot-papers by deputy electoral officers to regional electoral officers
   76.     Counting of votes
   76A.    Candidates to be informed of result of count
   76B.    Recount
   77.     Returning officer to be advised of result

           Division 6 - Miscellaneous electoral provisions

   78.     Signature to electoral paper
   79.     Death of candidate
   80.     Decisions of returning officer
   81.     Notification of result of election
   82.     Retention of electoral papers
   83.     Offences
   83A.    Advertising by New South Wales Electoral Commission

           Division 7 - Casual vacancies

   84.     Casual vacancy to be filled
   85.     (Repealed)

           Division 8 - Meetings

   86.     Annual meetings of New South Wales Aboriginal Land Council
   87.     Meeting place
   88.     Notice of meetings

           Division 9 - Miscellaneous

   89.     Model rules
   90.     Community, land and business plans
   91.     Staff vacancies
   92.     Training requirements for councillors

   PART 6 - FINANCE

   93.     Investment of money in New South Wales Aboriginal Land Council Account (section 149 (5))
   94.     Investment of money in Local Aboriginal Land Council Accounts (section 152)
   95.     Auditors
   96.     Documents to be furnished to New South Wales Aboriginal Land Council

   PART 7 - HONESTY AND DISCLOSURE OF INTERESTS

   97.     Codes of conduct (section 177 (6))

   PART 8 - ADMINISTRATION OF COUNCILS

   98.     Functions that may be exercised by administrator
   99.     Election of Board members after administration (LALCs)
   99A.    Election of councillors after administration (NSWALC)

   PART 9 - DISPUTE RESOLUTION

   100.    Application of Commercial Arbitration Act 2010 to arbitrations under the Act

   PART 10 - LAND DEALINGS

           Division 1 - Approval of land dealings

   101.    Interpretation
   102.    Form of certificates
   103.    Notice of meetings of LALCs
   104.    Applications for approval of land dealings
   105.    Approval application fees
   106.    Application assessment fees
   107.    Application procedures
   108.    Register of members for expert advisory panels
   109.    Expert advisory panels
   110.    Assessments and reports by expert advisory panels
   111.    Pecuniary interests in land dealings
   112.    Effect of other Acts on appointment to panel

           Division 2 - Community development levy and New South Wales Aboriginal Land Council Community Development Fund

   113.    Amount of community development levy
   114.    Periods within which community development levy payable
   115.    Application of Duties Act 1997
   116.    Interim payment of duty

   PART 11 - MISCELLANEOUS

   117.    Certain information on land register to be made available
   118.    Delegation by Registrar
   119.    Copies of minutes to be made available in certain circumstances
   120.    Savings, transitional and other provisions
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 6A
           SCHEDULE 7
           SCHEDULE 8

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