Division 6Division 6 Community, land and business plans
82 Community, land and business plans
(1) A Local Aboriginal Land Council must prepare and implement a community, land and business plan.(2) A Local Aboriginal Land Council preparing a community, land and business plan must consult with the following persons:(a) members of the Council,(b) persons who have a cultural association with the land within the Council’s area,(c) any other persons required to be consulted by the regulations or a policy of the New South Wales Aboriginal Land Council.(3) A Local Aboriginal Land Council may amend a community, land and business plan.(4) The provisions of this Division apply to any proposed amendment in the same way as they apply to the preparation and approval of a plan.(5) The New South Wales Aboriginal Land Council may exempt a Local Aboriginal Land Council wholly or partly from the requirement to prepare a community, land and business plan, if the New South Wales Aboriginal Land Council is satisfied that, having regard to the limited operations of the Local Aboriginal Land Council, compliance is not appropriate.(6) For the purposes of this section, a person has a cultural association with land if the person is an Aboriginal owner in relation to land within the area of the Local Aboriginal Land Council concerned or is a person of a class prescribed by the regulations for the purposes of this subsection.
(1) A community, land and business plan of a Local Aboriginal Land Council must contain the following matters:(a) the objectives and strategy of the Council for the acquisition, management and development of land and other assets,(b) the objectives and strategy of the Council for the provision and management of community benefits schemes,(c) the objectives and strategy of the Council for carrying out business enterprises and investment,(d) the objectives and strategy of the Council in relation to Aboriginal culture and heritage,(e) if the plan contains particular proposals related to the strategies in paragraph (a), (b) or (c), strategies for the development or acquisition of human resources and skills to implement the proposals,(f) timelines for the achievement of proposed strategies and proposals in the plan,(g) particulars of the assets and liabilities of the Council,(h) any matter required to be included by a policy of the New South Wales Aboriginal Land Council,(i) any other matter prescribed by the regulations.(2) A community, land and business plan must contain the following matters in relation to land:(a) the identity of, and particulars of any encumbrance affecting, any parcel of land of the Council,(b) the particulars of any other interest in land of the Council,(c) whether, and what, land is subject to the restriction contained in section 40AA or to Part 4A of the NPW Act,(d) any conditions affecting land of the Council under section 36 or 39,(e) any other matters prescribed by the regulations.
84 Approval of community, land and business plans
(1) A community, land and business plan is adopted by a Local Aboriginal Land Council if it is approved by a meeting of the members of the Council, of which not less than 14 days notice was given.(2) A Local Aboriginal Land Council must submit a proposed community, land and business plan to the New South Wales Aboriginal Land Council not less than 28 days before any such meeting.(3) A Local Aboriginal Land Council must make available to its members, on request, for a period of not less than 14 days before any such meeting and at the meeting, a summary of the proposed community, land and business plan or a copy of the plan.(4) The summary is to contain the matters prescribed by the regulations.(5) More than one meeting may be called to enable approval of a community, land and business plan.(6) A community, land and business plan approved by a Local Aboriginal Land Council takes effect when it is approved by the New South Wales Aboriginal Land Council.(7) A community, land and business plan has effect for the period (not exceeding 5 years) specified in the plan or until it is replaced, whichever occurs first.(8) Failure to comply with a requirement of this Division for the preparation or approval of a community, land or business plan does not affect the validity of the plan.
85 Approval of plan by New South Wales Aboriginal Land Council
(1) The New South Wales Aboriginal Land Council must not approve a community, land and business plan unless it is satisfied that the plan complies with this Act and the regulations and is consistent with any applicable policy of the Council.(2) If a Local Aboriginal Land Council is not able to reach agreement on a proposed community, land and business plan within 3 months after it is first proposed for approval at a meeting of the Council, the Chairperson of the Board may refer the proposed plan to the New South Wales Aboriginal Land Council.(3) The New South Wales Aboriginal Land Council may amend or replace a proposed community, land and business plan referred to it under subsection (2) and may refer the amended or replaced plan to the Local Aboriginal Land Council for approval.
86 Administration may follow plan failure
(1) A failure by a Local Aboriginal Land Council to approve the same or another proposed community, land and business plan after a plan is referred to it by the New South Wales Aboriginal Land Council under section 85 (3) is, for the purposes of section 222 (1) (e), a substantial breach of the requirements of this Act.(2) A substantial failure by a Local Aboriginal Land Council to comply with its community, land and business plan is, for the purposes of section 222 (1) (e), a substantial breach of the requirements of this Act.Note. The effect of a substantial breach is that an administrator may be appointed for the Local Aboriginal Land Council.