LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 112 Consultation concerning categorisation of land as an area of cultural significance

This legislation has been repealed.

LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - REG 112

112 Consultation concerning categorisation of land as an area of cultural significance

(1) A council that is considering whether or not land is an area of Aboriginal significance (within the meaning of clause 105(a)) must give notice of that consideration to Aboriginal people traditionally associated with the area in which the land is situated.

(2) That notice must be given by--

(a) giving written notice to the following--

(i) the Local Aboriginal Land Council for the area concerned,

(ii) New South Wales Native Title Services Limited (ACN 098 971 209),

(iii) the Registrar appointed under the Aboriginal Land Rights Act 1983 ,

(iv) the Director-General of the Department of Aboriginal Affairs,

(v) the Director-General of the Department of Environment and Conservation, and

(b) publishing the notice--

(i) on the website of the council, and

(ii) in any other manner that the council considers necessary to bring it to the attention of Aboriginal people traditionally associated with the area in which the land is situated, and

(c) placing a written notice on the land in a position where the notice is visible to any person on adjacent public land.

(3) The notice--

(a) must state that submissions may be made to the council, in relation to the council's consideration, by any Aboriginal person traditionally associated with the area in which the community land is situated, and

(b) must specify a period of not less than 28 days after the date on which the notice is given during which submissions may be made to the council.

(4) A council that is considering whether or not land is an area of Aboriginal significance (within the meaning of clause 105(a)) must not make a final determination on that matter unless the council has considered any submissions made under this clause by Aboriginal people traditionally associated with the area in which the community land is situated.

(5) A council must not prepare a draft plan of management that categorises community land as an area of cultural significance on the ground that the land is an area of Aboriginal significance (within the meaning of clause 105(a)) unless the council has called for and considered any submissions made under this clause by Aboriginal people traditionally associated with the area in which the community land is situated.