In this Part:Aboriginal Land Council, Local Aboriginal Land Council and New South Wales Aboriginal Land Council have the same meanings as in the Aboriginal Land Rights Act 1983.
Aboriginal negotiating panel means a panel appointed in accordance with section 71G or 71H of Division 2.
Aboriginal owner board members—see section 5 (1).
Aboriginal owners—see section 5 (1).
ALR Act lands means lands to which section 36A of the Aboriginal Land Rights Act 1983 applies that are granted to one or more Aboriginal Land Councils under that Act.
Note. Part 2 of the Aboriginal Land Rights Act 1983 makes provision as to land rights and the grant of claims to Crown lands. Section 36A, within that Part, makes provision for the grant of certain land claims, despite the fact that the lands involved are needed, or likely to be needed, for the essential public purpose of nature conservation, if the claimant Aboriginal Land Councils are prepared to lease the lands to the Minister administering this Act and are agreeable to the reservation or dedication of the lands under this Act and in accordance with the requirements of this Part.board of management—see section 5 (1).
native title or native title rights and interests has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.
Registrar means the Registrar appointed under the Aboriginal Land Rights Act 1983.
Schedule 14 lands means lands reserved under this Act that are listed in Schedule 14.
(1) The purpose of this Part is to make provision as to the lease to the Minister, and the reservation, under this Act of Schedule 14 lands and ALR Act lands.(2) So far as Schedule 14 lands are concerned, this Part provides for the recognition of the cultural significance of those lands to Aboriginal persons and the revocation of their reservation under this Act to enable them:(a) to be vested, on behalf of the Aboriginal owners, in one or more Local Aboriginal Land Councils or the New South Wales Aboriginal Land Council, and(b) to be leased by the Aboriginal Land Council or Councils to the Minister, and(c) to be then reserved under this Act in accordance with this Part.(3) So far as ALR Act lands are concerned, this Part provides for the lease of the lands by the Aboriginal Land Council or Councils in which they are vested to the Minister and the reservation of the lands under this Act in accordance with this Part.(4) The taking of any action referred to in this section in relation to Schedule 14 lands or ALR Act lands is subject to any native title rights and interests existing in relation to the lands immediately before the taking of the action and does not extinguish or impair such rights and interests.
71D Recognition of cultural significance of certain lands to Aboriginal persons
(1) Parliament recognises that certain lands reserved under this Act are of cultural significance to Aboriginal persons. Land is of cultural significance to Aboriginal persons if the land is significant in terms of the traditions, observances, customs, beliefs or history of Aboriginal persons.(2) The lands listed in Schedule 14 are identified as being of cultural significance to Aboriginal persons.
Division 2 Negotiations for lease
This Division applies to and in respect of Schedule 14 lands and ALR Act lands.
(1) Negotiations under this Division are to be conducted for 2 purposes.(2) Firstly, so far as Schedule 14 lands are concerned, negotiations are to be conducted to determine whether one or more Local Aboriginal Land Councils or the New South Wales Aboriginal Land Council wishes to have the present reservation of lands revoked so that the lands may be vested, subject to native title, in the Aboriginal Land Council or Councils in return for:(a) a lease of the lands from the Aboriginal Land Council or Councils to the Minister, and(b) the reservation of the lands in accordance with this Part.(3) So far as lands that are the subject of a claim referred to in section 36A of the Aboriginal Land Rights Act 1983 are concerned, negotiations are to be conducted with the Aboriginal Land Council or Councils that have claimed the lands under that Act to determine whether the Aboriginal Land Council or Councils are agreeable, if the claim is granted, to the lease of the lands to the Minister and the reservation of the lands in accordance with this Part.(4) Secondly, if negotiations under subsection (2) or (3) result in an affirmative response, the negotiations are to continue with a view to settling the provisions of the proposed lease between the Aboriginal Land Council or Councils concerned and the Minister.
71G Selection of representatives for negotiations before Aboriginal owners identified
(1) This section applies if, at the time negotiations under this Division commence, Aboriginal owners of the lands that are the subject of the negotiations have not been identified.(2) The Minister administering the Aboriginal Land Rights Act 1983 may, for the purposes of the conduct of negotiations under this Division in circumstances referred to in subsection (1), appoint a negotiating panel from Aboriginal persons to represent Aboriginal persons who, in the Minister’s opinion, have a cultural association with the lands concerned.(3) The Minister may, for the purposes of making appointments to the panel, consult with any other person or body (including any group formed by Aboriginal persons) that may, in the Minister’s opinion, assist the Minister to ensure that the panel is appropriately constituted.
71H Selection of representatives for negotiations after Aboriginal owners identified
(1) This section applies if, at the time negotiations under this Division commence, the Minister administering the Aboriginal Land Rights Act 1983 is, after consulting the Registrar, satisfied a sufficient number of Aboriginal owners of the lands concerned has been identified to enable that Minister to select a negotiating panel from their number that will adequately represent the wishes of Aboriginal persons who have a cultural association with the lands.(2) The Minister administering the Aboriginal Land Rights Act 1983 may, for the purposes of the conduct of negotiations under this Division in circumstances referred to in subsection (1), and after consulting the Aboriginal owners of the lands concerned or any group representing them concerning nominees to the negotiating panel, appoint a negotiating panel from the Aboriginal owners to represent Aboriginal persons who have a cultural association with the lands concerned.(3) The Minister may, for the purposes of making appointments to the panel, consult with any other person or body (including any group formed by Aboriginal persons) that, in the Minister’s opinion, may assist the Minister to ensure that the panel is appropriately constituted.
71I Role of Aboriginal negotiating panel
The role of an Aboriginal negotiating panel is:(a) to participate in negotiations with the Minister and one or more Aboriginal Land Councils for the purposes of this Division, and(b) to provide the Minister with advice as to the cultural significance to Aboriginal persons of any ALR Act lands that are the subject of negotiations under this Part, and(c) to recommend a name for any lands to be reserved pursuant to this Part as a result of the negotiations.
71J Minister may negotiate with Aboriginal negotiating panel and Aboriginal Land Councils
(1) The Minister may enter into negotiations for the purposes of this Division with an Aboriginal negotiating panel appointed in accordance with this Division and:(a) one or more Local Aboriginal Land Councils whose members have a cultural association with Schedule 14 lands, or(b) the New South Wales Aboriginal Land Council on behalf of one or more Local Aboriginal Land Councils referred to in paragraph (a), or(c) the New South Wales Aboriginal Land Council on its own behalf, or(d) one or more Aboriginal Land Councils that have made a claim for lands to which section 36A of the Aboriginal Land Rights Act 1983 applies.(2) The Minister may enter into negotiations with one Local Aboriginal Land Council whose members have a cultural association with Schedule 14 lands with which members of one or more other Local Aboriginal Land Councils also have a cultural association only if:(a) the members of each of those Councils, and(b) the Aboriginal negotiating panel,consent to the Minister negotiating with that Local Aboriginal Land Council.
71K Referral of disagreements between Aboriginal negotiating panel and Aboriginal Land Councils to mediation
(1) Any disagreement between an Aboriginal negotiating panel and an Aboriginal Land Council or Councils concerning negotiations under this Division that cannot be resolved otherwise is to be referred to a mediator selected by, and acceptable to, the Aboriginal negotiating panel and the Aboriginal Land Council or Councils for resolution.(2) The Minister may decline to proceed with the negotiations until the disagreement has been resolved.(3) The Aboriginal negotiating panel and the Aboriginal Land Council or Councils concerned are to be jointly responsible for payment of the costs of the mediation.(4) The regulations may make provision for or with respect to the mediation of disagreements under this section including the exoneration of mediators from liability.
71L Preference to vesting in Local Aboriginal Land Council—Schedule 14 lands
If both a Local Aboriginal Land Council or Councils and the New South Wales Aboriginal Land Council on its own behalf indicate that they wish Schedule 14 lands to be vested in them, the Minister is to give preference with respect to the vesting:(a) if the Minister is satisfied, after consulting the Registrar, that sufficient Aboriginal owners of the lands have been identified to adequately represent the wishes of Aboriginal persons who have a cultural association with the lands—to the wishes of the Aboriginal owners, or(b) if Aboriginal owners of the lands have not been so identified—to the wishes of the Local Aboriginal Land Council or Councils.
Division 3 Vesting and reservation of Schedule 14 lands
This Division applies to and in respect of Schedule 14 lands only unless this Act otherwise expressly provides.Note. See Division 4 as to the application of sections 71R–71U to ALR Act lands and Division 8 as to the application of sections 71R–71T to lands added to national parks or other areas reserved or dedicated under this Part.
71N Tabling of proposal if change of land classification involved
(1) This section applies if, as a result of negotiations concerning Schedule 14 lands, it is proposed that the classification of the lands concerned under this Act, as listed in Schedule 14, be changed to another classification (such as, for example, from a nature reserve to a national park) when the lands are vested in an Aboriginal Land Council or Councils under this Part.(2) The Minister is to cause a notification of such a proposal to be laid before each House of Parliament as soon as practicable after the parties to the negotiations decide that the classification of the lands should be changed.(3) If a House of Parliament passes a resolution of which notice has been given within 15 sitting days of that House after a notification has been laid before it (whether or not those sitting days occur during the same session) and the resolution disallows the notification, no further action is to be taken in the matter.(4) Nothing in this section prevents the Minister, at some later time, causing to be laid before each House of Parliament in accordance with this Division a notification that has previously been tabled, either with or without amendments.
71O Vesting and reservation of Schedule 14 lands
(1) This section applies if:(a) no change in the classification of the Schedule 14 lands to which negotiations relate is proposed, or(b) no resolution disallowing a notification concerning a change in the classification of the Schedule 14 lands is or can be passed.(2) On completion of negotiations concerning the Schedule 14 lands and preparation of a draft lease in respect of those lands that is acceptable to, and has been executed in escrow by, the Minister and the Aboriginal Land Council or Councils concerned, the Governor may, by proclamation published in the Gazette:(a) revoke the existing reservation under this Act of the lands that are the subject of the proposed lease, and(b) vest those lands in the Aboriginal Land Council or Councils that are to lease the lands to the Minister (and, if more than one, as joint tenants (without the benefit of survivorship)), subject to the following:(i) any native title rights and interests that exist in relation to the lands concerned,(ii) any existing interest within the meaning of section 39,(iii) any licence issued under Part 9,(iv) any lease, licence, franchise or easement granted under Part 12,(v) any authority or consent issued under this Act or the regulations, and(c) reserve or dedicate those lands, with the appropriate classification, under this Act, subject to any matter referred to in paragraph (b) (i)–(v).
71P Effect of publication of proclamation
(1) On publication of the proclamation, the existing reservation under this Act of the lands described in the proclamation is revoked. This subsection has effect despite anything else in this Act.(2) On publication of the proclamation, the lands described in the proclamation vest, by virtue of the proclamation and the operation of this section, in the Aboriginal Land Council or Councils (and, if more than one, as joint tenants (without the benefit of survivorship)) named as lessor or lessors in the lease for an estate in fee simple without the necessity for any further assurance, but subject to the following:(a) any native title rights and interests that exist in relation to the lands concerned,(b) any existing interest within the meaning of section 39,(c) any licence issued under Part 9,(d) any lease, licence, franchise or easement granted under Part 12,(e) any authority or consent issued under this Act or the regulations.(3) On publication of the proclamation, the lease takes effect and is taken to have been executed on, and its term commences to run from, the date of publication of the proclamation.(4) On publication of the proclamation, the lands described in the proclamation are, despite the fact that the lands are vested in the Aboriginal Land Council or Councils, reserved, with the appropriate classification, under this Act in accordance with this Part, subject to any matter referred to in subsection (2) (a)–(e).
71Q Certain other consequences of publication of proclamation
On publication of the proclamation:(a) the Director-General continues, until the establishment of a board of management for the lands, to have the care, control and management of the lands and may exercise on and with respect to those lands any power, authority, duty or function conferred or imposed on the Director-General by or under this or any other Act, and(b) the Service and the officers, employees and contractors of the Minister, the Director-General and the Service may (subject to any plan of management in force with respect to the lands and to any directions given and supervision and oversight exercised by the board of management for the lands) exercise on and with respect to those lands any power, authority, duty or function conferred or imposed on any one or more of them by or under this or any other Act, and(c) any regulations that, immediately before that publication, applied to the lands continue to apply to the lands and may be amended and repealed accordingly, and(d) any plan of management that, immediately before that publication, applied to the lands continues, subject to this Act, to apply to the lands and may be amended, altered or cancelled accordingly, and(e) any existing interest (within the meaning of section 39), any licence issued under Part 9, any lease, licence, franchise or easement granted under Part 12 and any authority or consent issued under this Act or the regulations that affect the lands, or any part of the lands, and that are current at the date of the proclamation continue to have effect and may be terminated or otherwise dealt with in accordance with this Act or the instrument under which they were granted, and(f) any fee, rent or other sum that is payable under or with respect to any matter referred to in paragraph (e) is, despite any other requirement to the contrary, to be paid as required by section 138, and(g) any declaration made under Division 3 of Part 4 or under the Wilderness Act 1987 with respect to the lands, or any part of the lands, continues in force and may be varied or revoked accordingly.
71R Certain provisions not to apply to lands reserved under this Division
(1) The provisions of Division 2 of Part 3, Division 1 of Part 4 and sections 33, 35, 46, 47B–47D, 49, 58, 58K (4)–(6), 58S and 62 do not apply to or in respect of lands reserved under this Division.(2) Sections 47GA–47GG, 47O and 47R–47Y do not apply to or in respect of a state conservation area or a regional park reserved under this Part.(3) Subsection (1) does not limit section 71Q.
71S Application of certain provisions to lands reserved under this Division
The following provisions apply to and in respect of lands reserved under this Division in the same way as they apply to and in respect of lands reserved under Part 4:Sections 37–44, 47G, 47H, 47I, 47J, 47K, 47L, 47P (2), 47Z, 47ZA, 47ZB, 52–55, 58M, 58N, 58O, 58P and 64.
(1) The proclamation laid before Parliament under this Division must assign a name to the Schedule 14 lands (or the part or parts of Schedule 14 lands) proposed to be reserved under this Division.(2) The name so assigned must be the name recommended by the Aboriginal negotiating panel involved in the negotiations for the vesting and leasing of the lands, and may be the same name as, or a different name from, that listed in Schedule 14.(3) The Governor may, on the recommendation of the Aboriginal owner board members for lands reserved under this Division, by proclamation published on the NSW legislation website:(a) alter the name of the lands, and(b) amend Schedule 14 by omitting the former name, and by inserting instead the new name, of the lands.(4) If a part or parts only of Schedule 14 lands are reserved under this Division, the Governor may, by proclamation published on the NSW legislation website, assign a new name for the part or parts of the Schedule 14 lands that are not reserved under this Division.(5) Section 12 (1) of the Geographical Names Act 1966 does not apply to a name assigned under this Division (or that name as altered or amended). The name so assigned, or the name as so altered or amended, is, for the purposes of the Geographical Names Act 1966, the geographical name of the place to which it relates.(6) If, before the reservation under this Division of Schedule 14 lands, the name of the lands is altered pursuant to the publication of a proclamation under Part 4 of this Act, that proclamation or another proclamation published on the NSW legislation website may amend Schedule 14 by omitting the former name, and by inserting instead the new name, of the lands.
71V No consideration payable by Aboriginal Land Council on vesting of lands
(1) No consideration is payable to the Crown by an Aboriginal Land Council or Councils in relation to the vesting in the Council or Councils of lands pursuant to the publication of a proclamation under this Division.(2) No stamp duty under the Stamp Duties Act 1920 is payable by an Aboriginal Land Council or Councils in relation to any such vesting.
71W Reservation of part only of Schedule 14 lands
(1) Nothing in this Part prevents the negotiation of a lease and the reservation under this Part of a part or parts only of Schedule 14 lands.(2) In that event:(a) on the establishment of a board of management for the part or parts of the Schedule 14 lands that are the subject of the lease, the care, control and management of that part or those parts only of the Schedule 14 lands vest in the board of management, and(b) the provisions of this Act relating to the harming of animals and the picking of timber, vegetation, plants and similar things by Aboriginal persons apply to and in respect of the part or parts only of the Schedule 14 lands that are the subject of the lease, and(c) the provisions of this Part relating to Schedule 14 lands that are leased and reserved under this Part apply to and in respect of the part or parts only of the Schedule 14 lands that are the subject of the lease.Note. See sections 31, 47BA, 47OA, 48, 58 (4A), 58K (4A) and 63 as to the vesting of reserved lands on the establishment of a board of management under this Part and sections 45 (6), 56 (7), 57 (7), 58H (7), 58I (7), 58Q (7) and 58R (7) as to the harming of animals and the picking of timber, vegetation, plants and similar things by Aboriginal persons.
Division 4 Reservation or dedication of ALR Act lands
(1) This Division applies to and in respect of lands to which section 36A of the Aboriginal Land Rights Act 1983 applies and to ALR Act lands only.(2) This Division applies to lands only if:(a) the Minister is satisfied that the lands proposed to be reserved under this Act are of sufficient natural conservation value to justify such reservation, and(b) negotiations under Division 2 concerning the preparation of a draft lease in respect of the lands have been concluded and a lease, prepared as the result of the negotiations, has been executed in escrow by the Minister and the Aboriginal Land Council or Councils concerned.Note. Section 36A of the Aboriginal Land Rights Act 1983 applies to certain Crown lands having nature conservation value that are the subject of a claim under that Act.
71Y Reservation of ALR Act lands
The Governor may, on the grant under the Aboriginal Land Rights Act 1983 of ALR Act lands that are referred to in section 71X (2), by notice published in the Gazette, reserve the lands under this Act and in accordance with this Part as a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area.
71Z Effect of publication of notice
(1) On publication of the notice, the lease of the lands takes effect and is taken to have been executed on, and its term commences to run from, the date of publication of the notice.(2) On publication of the notice, the lands described in the notice are, despite the fact that the lands are vested in the Aboriginal Land Council or Councils, reserved under this Act according to the tenor of the notice.(3) The leasing and vesting of ALR Act lands under this section is subject to the following:(a) any native title rights and interests that exist in relation to the lands concerned,(b) any existing interest within the meaning of section 39.
71AA Certain other consequences of publication of proclamation
On publication of a proclamation under this Division:(a) the Director-General has, until the establishment of a board of management for the lands, the care, control and management of the lands and may exercise on and with respect to those lands any power, authority, duty or function conferred or imposed on the Director-General by or under this or any other Act, and(b) the Service and the officers, employees and contractors of the Minister, the Director-General and the Service may (subject to any plan of management in force with respect to the lands and to any directions given and supervision and oversight exercised by the board of management for the lands) exercise on and with respect to those lands any power, authority, duty or function conferred or imposed on any one or more of them by or under this or any other Act.
71AB Applications of certain provisions to ALR Act lands
(1) Sections 71R, 71S and 71T apply to and in respect of ALR Act lands in the same way that they apply to and in respect of Schedule 14 lands.(2) Section 71U (1)–(4) applies to and in respect of ALR Act lands in the same way that it applies to and in respect of Schedule 14 lands except that:(a) references in those subsections to a proclamation under Division 3 are to be read as references to a proclamation under this Division, and(b) references in those subsections to Schedule 14 lands are to be read as references to ALR Act lands.
Division 5 Provisions as to leases
This Division applies to and in respect of Schedule 14 lands and ALR Act lands.
71AD Matters to be covered in lease between Aboriginal Land Council and Minister
(1) A lease of lands under this Part must make provision for the following:(a) the leasing of the whole of the lands vested in the Aboriginal Land Council or Councils to the Minister, subject to native title,(b) a term of at least 30 years,(c) the renewal of the lease for a further term of at least 30 years, with no limitation on the number of times the lease may be so renewed, provided that each party consents to the renewal,(d) the manner in which the lease is to be renewed,(e) the replacement of the lease, in accordance with this Part, with a new lease,(f) an acknowledgement that the care, control and management of the lands is to be vested in a board of management established under this Part,(g) an acknowledgement that the Aboriginal Land Council or Councils in which the lands are vested hold the lands on behalf of the Aboriginal owners of the lands,(h) an acknowledgement that the Service and the officers, employees and contractors of the Minister, the Director-General and the Service are (subject to any plan of management in force with respect to the lands and to any directions given and supervision and oversight exercised by the board of management for the lands) entitled to exercise on and with respect to the lands any power, authority, duty or function conferred or imposed on any one or more of them by or under this or any other Act,(i) an acknowledgement that the Aboriginal owners of the lands, and any other Aboriginal persons who have the consent of the Aboriginal owner board members, are entitled (subject to this and any other Act applying to the lands and any plan of management in force with respect to the lands) to enter and use the lands for hunting or fishing for, or the gathering of, traditional foods for domestic purposes and for ceremonial and cultural purposes to the extent that that entry or use is in accordance with the tradition of the Aboriginal owners,(j) an acknowledgement that the Aboriginal Land Council or Councils in which the lands are vested and their employees, contractors and agents must comply with the provisions of this and any other Act applying to the lands, the regulations and any plan of management in force with respect to the lands, including provisions concerning the protection of animals, trees, timber, plants, flowers and vegetation,(k) an acknowledgement that the lease is subject to any existing interest within the meaning of section 39, any licence issued under Part 9, any lease, licence, franchise or easement granted under Part 12 and any authority or consent issued under this Act or the regulations affecting the lands, or any part of the lands, that is current on the date on which the lands are vested in the Aboriginal Land Council or Councils,(l) the grant, extension or extinguishment of any interest, licence, lease, franchise, easement, authority or consent of a kind referred to in paragraph (k) subject to the requirements of this Act and, in the case of an extension or extinguishment, to any instrument under which the interest, licence, lease, franchise, easement, authority or consent was granted,(m) an acknowledgement that the public generally has (subject to any plan of management in force with respect to the lands) a right of access to the lands in accordance with this Act and the regulations,(n) a term acknowledging that the lands, or any part of the lands, may not be the subject of any sale, exchange, disposal or mortgage and providing that, to the extent to which the lands may otherwise be dealt with, any such dealing must be only with the prior written consent of the Minister.(2) A lease under this Part must also make provision for the following:(a) a requirement that the Minister consult with the Aboriginal Land Council or Councils in which the lands are vested before the making, amending or repealing of any regulations in respect of the lands,(b) a requirement that consultations concerning the operation of the lease are to involve the Director-General and the board of management for the lands,(c) the compliance by the parties to the lease with any requirements that arise because the lands are, or a part of the lands is, situated in an area listed as an item of cultural heritage or natural heritage of outstanding universal value in accordance with:(i) the World Heritage Properties Conservation Act 1983 of the Commonwealth, and(ii) the Convention for the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization, being the convention a copy of the English text of which is set out in the Schedule to the Commonwealth Act referred to in subparagraph (i).(3) As a condition of a lease under this Part, the Minister must undertake to use the Minister’s best endeavours to implement the Aboriginal Employment and Training Plan 1991–1996 published by the National Parks and Wildlife Service in October 1991 or any plan replacing that Plan and, in particular, any timetable set out in such a plan. The Minister must report to Parliament from time to time on progress achieved in implementing any such plan.(4) The lease may make provision for such other matters, not inconsistent with this Act or the regulations, as the Minister and the Aboriginal Land Council or Councils consider appropriate.
(1) The Minister is to pay rent under any lease entered into with an Aboriginal Land Council or Councils under this Part.(2) All rent payable by virtue of this section is payable out of the Consolidated Fund, which, to the necessary extent, is appropriated accordingly.(3) The rent is to be an amount, negotiated by the parties or otherwise fixed in accordance with this section, that compensates the Aboriginal Land Council or Councils for the fact that it or they do not have the full use and enjoyment of the lands the subject of the lease.(4) In negotiating the rent, the parties are to have regard to the following matters:(a) the nature, size and location of the lands concerned and the nature of the infrastructure and improvements, if any, on the lands,(b) the nature of the ownership rights in the lands that the Aboriginal Land Council or Councils possess,(c) the provisions of this Act and the lease relating to the lands,(d) the extent to which the cultural significance of the lands to Aboriginal persons restricts the use that may be made of the lands under the lease,(e) the arrangements contained in this Act and the lease for the care, control, management and development of the lands,(f) the amount of rent payable under leases of lands adjoining or in the vicinity of the lands the subject of the lease,(g) the amounts realised on recent sales of freehold or leasehold land adjoining or in the vicinity of the lands the subject of the lease.(5) If the parties are unable to agree on the rent to be paid, the matter is to be referred to a mediator, experienced in valuation matters, selected by, and acceptable to, the Minister and the Aboriginal Land Council or Councils.(6) The regulations may make provision for and with respect to the mediation of a matter under this section including the remuneration of mediators and the exoneration of mediators from liability.(7) If the mediator is unable to resolve the matter within a reasonable period, the Minister may request the Valuer-General to fix the rent to be paid.(8) The Valuer-General, in fixing the rent, is to have regard to the matters referred to in subsection (4) and any other matters that the Valuer-General notifies to the parties and considers to be relevant. The decision of the Valuer-General as to the rent is final.(9) The rent is payable by the Minister, on annual rests, to the credit of the separate account in the Fund referred to in section 138 (1B) for payment out in accordance with section 139 (5).
On publication of a proclamation under Division 3 or 4, the Minister must cause the date of publication of the proclamation to be inserted in the lease as:(a) the date of execution of the lease, and(b) the date of the commencement of the term of the lease.
71AG Registrar-General to enter particulars of vesting and lease in register
(1) On publication of a proclamation under Division 3 or 4, there must be lodged at the Land Titles Office:(a) all title documents held by the Minister or the Director-General (in the case of Schedule 14 lands) or by the Aboriginal Land Council or Councils concerned (in the case of ALR Act lands) in relation to the lands referred to in the proclamation, and(b) the lease, completed with the date of execution and commencement of the term.(2) On lodgment of those documents, the Registrar-General must enter in the appropriate register particulars of:(a) in the case of Schedule 14 land—the vesting of the lands in the Aboriginal Land Council or Councils concerned, and(b) in the case of Schedule 14 lands and ALR Act lands—of the lease of those lands to the Minister.(3) Following entry of the particulars, the Registrar-General must deliver the title documents to the Aboriginal Land Council or Councils.
71AH Regular review of lease required
(1) At least once every 5 years during the term of a lease under this Part:(a) the Director-General, on behalf of the Minister, and(b) the Aboriginal Land Council or Councils in which the lands are vested, and(c) the Aboriginal owner board members for the lands concerned,must consider whether or not any one or more of the provisions of the lease (including provisions relating to rent and the term of the lease) require amendment.(2) The review must include a consideration of the adequacy of the then existing arrangements for management of the lands concerned and whether a recommendation should be made for amendments to this Act to meet specific requirements relating to the management of those lands.(3) If a party to the lease or the Aboriginal owner board members fail to agree to an amendment proposed by another party, the disagreement is to be arbitrated in accordance with this Part.(4) A lease may be amended by agreement of the parties and the Aboriginal owner board members as a result of the consultations despite any other provision of this or any other Act or law or of the lease.
71AI Re-negotiation of lease before expiry of lease term
(1) At least 5 years before the expiry of each term of a lease under this Part:(a) the Director-General, on behalf of the Minister, and(b) the Aboriginal Land Council or Councils in which the lands are vested, and(c) the Aboriginal owner board members for the lands concerned,must consider whether or not any one or more of the provisions of the lease should be amended to enable the lease to operate more effectively.(2) If it is agreed that a provision does require amendment, the Director-General, the Aboriginal Land Council or Councils and the Aboriginal owner board members must negotiate on and prepare the required amendment at least 2 years before the expiry of the then current term of the lease.(3) Any amendment prepared in accordance with subsection (2) and agreed to by the Aboriginal Land Council or Councils must be presented to the Minister for approval at least 18 months before the expiry of the then current term of the lease.(4) If an amendment is approved by the Minister, a new lease must be prepared incorporating the amended provision.(5) At least 6 months before the expiry of the then current term of the lease, the new lease should, if at all possible, be executed in escrow by the Minister and the Aboriginal Land Council or Councils in which the lands are vested.(6) A lease executed under subsection (5) takes effect, in substitution for the previous lease between the Minister and the Aboriginal Land Council or Councils, on the expiration of the term of the previous lease.(7) If the Director-General and the Aboriginal Land Council or Councils agree that no provisions of the lease require amendment, the lease between the parties operates for a further term of 30 years, commencing on the expiration of the current term of the lease, in accordance with its provisions and the requirements of this Part.(8) The times specified by this section for the consideration of the provisions of the lease, the negotiation and preparation of amendments, the presentation of the amendments to the Minister and the execution of the lease may be varied by the agreement of the parties.
71AJ Dating and registration of re-negotiated lease
(1) The Minister must cause the date on which a re-negotiated lease takes effect under this Division to be inserted in the lease as:(a) the date of execution of the lease, and(b) the date of the commencement of the term of the lease.(2) The Aboriginal Land Council or Councils in which the lands are vested must cause all title documents held by the Aboriginal Land Council or Councils in relation to the lands referred to in the re-negotiated lease to be lodged at the Land Titles Office to enable the lease to be lodged for registration and the Registrar-General to enter in the appropriate register particulars of the lease.(3) Following entry of the particulars, the Registrar-General must return the title documents to the Aboriginal Land Council or Councils.
A lease under this Part may be varied only by the agreement of the parties and the Aboriginal owner board members for the land concerned, not inconsistent with this Act, or by an Act of Parliament.
(1) A lease under this Part does not expire by effluxion of time except as otherwise provided by this Part.(2) On the expiry of the then current term of a lease under this Part, the Minister holds over under the lease until such time as the lease is renewed or replaced.(3) The term of a lease that renews or replaces a lease whose term has expired runs from the date of execution of the new lease by the Minister.(4) For the avoidance of doubt, the expiry of a term of a lease under this Part does not affect:(a) the reservation under this Act of the land that is the subject of the lease as a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, or(b) the establishment of any board of management under this Act for the land that is the subject of the lease and the appointment of any member of any such board.
Division 6 Boards of management
This Division applies to and in respect of Schedule 14 lands and ALR Act lands.
(1) There is to be a board of management for each area of Schedule 14 lands and ALR Act lands leased and reserved under this Part. A board of management is to be established as soon as practicable after the lands are leased and reserved.(2) A board of management is to consist of at least 11, but no more than 13, members appointed by the Minister with the concurrence of the Minister administering the Aboriginal Land Rights Act 1983.(3) Of the members:(a) the majority are to be Aboriginal owners of the lands concerned nominated by themselves or by another Aboriginal owner of the lands with the consent of the nominee, and(b) one is to be a person appointed from nominees of a Local Aboriginal Land Council or Councils in whose area or areas the whole or part of the lands are located, and(c) one is to be a person appointed to represent the local council or councils (if any) whose area or areas comprise, or adjoin, the lands, and(d) one is to be an officer of the Service for the time being nominated by the Director-General, and(e) one is to be a person appointed from a panel of persons nominated by a group concerned in the conservation of the region in which the lands are located to represent conservation interests, and(f) one is to be a person appointed on the nomination of owners, lessees and occupiers of land adjoining or in the vicinity of the lands to represent those owners, lessees and occupiers.(4) The Minister, in appointing Aboriginal owners under subsection (3) (a), is to have regard to such matters as the gender of the nominees and their cultural affiliations and family groupings in an endeavour to ensure that a representative group of members is appointed.(5) A matter or thing done or omitted to be done by a board of management, a member of a board of management or a person acting under the direction of a board of management does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act (or any regulation under this Act), subject the member or the person so acting personally to any action, liability, claim or demand.(6) However, any such liability attaches instead to the Crown.(6A) Schedule 14A contains provisions with respect to the constitution and procedure of boards of management.(7) Subject to this Act (including Schedule 14A), the regulations may make provision with respect to the constitution and procedure of a board of management including the declaration of pecuniary interests by members.
71AO Functions of boards of management
(1) A board of management for lands to which this Division applies has the following functions:(a) the care, control and management of the lands,(b) the preparation of plans of management for the lands,(c) the supervision of payments from the Fund with respect to the lands.(2) Without limiting subsection (1), a board of management has the function of considering proposals for the carrying out, by Aboriginal owners or other Aboriginal persons, of cultural activities (such as hunting and gathering) within the lands and of approving, or refusing to approve, the carrying out of those activities.(3) A board of management must exercise its functions in accordance with any plan of management in force with respect to the lands for which it is established.(4) In the exercise of its functions, a board of management is subject to the control and direction of the Minister.(5) Despite subsection (4), the Minister may not give directions to a board of management in relation to:(a) the contents of any report, advice, information or recommendation that is to be or may be made or given by the board, or(b) any decision of the board, that is not inconsistent with this Act and the plan of management for the lands for which it was established, relating to the care, control and management of Aboriginal heritage and culture within the lands.(6) In the exercise of its functions with respect to the care, control and management of lands for which no plan of management is in force, a board of management is to consult with and have regard to the advice of the Director-General.(7) A board of management may delegate the exercise of any function of the board of management under this Act (other than this power of delegation) to:(a) a member of the board, or(b) a member of staff of the Department, or(c) any person, or any class of persons, authorised for the purposes of this subsection by the regulations.
71AP Term of office of board members
Subject to Schedule 14A and the regulations, a member of a board of management holds office for such period (being not less than 4 years and not more than 6 years) as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.
71AQ Board of management’s accounts, budgets, quarterly and annual reports
(1) A board of management must cause proper accounts and records to be kept in relation to all of its operations.(2) A board of management must, before the commencement of each financial year, prepare and submit to the Minister a detailed budget relating to its proposed operations during that financial year.(3) The board of management must furnish to the Minister such information relating to the budget as the Minister requests.(4) A board of management must monitor its financial activities to determine whether it is operating in accordance with its budget.(5) A board of management must in each year, as soon as practicable after 30 June, but on or before 1 October, forward to the Minister an annual report of its operations for the 12 months ending on 30 June in that year.(6) The regulations may prescribe the form and content of budgets and reports under this section.
Division 7 Addition of lands to Schedule 14
This Division applies to and in respect of lands proposed for addition to Schedule 14 only.
71AS Proposals for additions to Schedule 14
(1) Any person or body (including a statutory authority) may submit to the Director-General a written proposal that lands reserved under this Act be identified as having cultural significance to Aboriginal persons and listed in Schedule 14.(2) A copy of the proposal is to be given to the Registrar who must notify the following persons and bodies of the proposal:(a) the New South Wales Aboriginal Land Council, and(b) the Local Aboriginal Land Council or Councils in whose area or areas the lands the subject of the proposal are located, and(c) the Aboriginal owners of the lands concerned (if they have been identified), and(d) any body representing Aboriginal persons that the Registrar considers to be relevant.(3) The Registrar is to provide the Director-General with the names of the persons and bodies that the Registrar has notified of the proposal.Note. Land in Zone 1, 2 or 3 of the Brigalow and Nandewar Community Conservation Area (established under the Brigalow and Nandewar Community Conservation Area Act 2005) is not eligible to be proposed under this section for listing in Schedule 14 to this Act.
(1) The Director-General must, after receiving a proposal, make an assessment of the cultural significance to Aboriginal persons of the lands referred to in the proposal and make a report to the Minister in relation to the proposal.(2) The Director-General is to consult with:(a) the person or body that submitted the proposal, and(b) the persons and bodies notified of the proposal by the Registrar, and(c) any other person or body that the Director-General considers should be consulted,in relation to the making of the assessment and report.
(1) In preparing a report for the Minister, the Director-General is to consider the following:(a) whether the lands concerned contain places of spiritual or mythological importance in accordance with Aboriginal custom or lore,(b) whether the lands contain places used for the conduct of ceremonial activities by Aboriginal persons, including areas recognised for gender specific cultural activities,(c) whether the lands contain areas that are significant for their association with Aboriginal life after occupation of the area in which the lands are situated by persons of European extraction.(2) The Director-General’s report is to make comment on the following matters in relation to the lands concerned:(a) whether Aboriginal burials or remains, or both, are present,(b) the rarity of types of Aboriginal sites and objects on the lands in the context of the cultural area in which the lands are located,(c) the diversity of Aboriginal sites and objects on the lands,(d) the antiquity of Aboriginal sites and objects on the lands,(e) whether the lands have been listed:on the basis, or partly on the basis, of their cultural significance to Aboriginal persons.(i) in the Register of the National Estate kept in pursuance of the Australian Heritage Commission Act 1975 of the Commonwealth, or(ii) as an item of cultural heritage of outstanding universal value in accordance with the World Heritage Properties Conservation Act 1983 of the Commonwealth and the Convention for the Protection of the World Cultural and Natural Heritage that is referred to in section 71AD (2) (c) (ii),(3) The Director-General must also indicate in the report whether any disagreement exists among the persons or bodies consulted by the Director-General regarding the proposal as to whether the lands are of cultural significance to Aboriginal persons or should be listed in Schedule 14, or both.(4) The Director-General may include any other matters in the report that the Director-General considers to be relevant.
71AV Consideration of report by Minister
(1) On receiving a report from the Director-General, the Minister is to consider whether the lands concerned are of cultural significance to Aboriginal persons and, if so, whether the Minister should recommend to the Governor that the lands be listed in Schedule 14.(2) The Minister is not to make a recommendation that the lands be listed in Schedule 14 unless the Minister is satisfied that the cultural significance of the lands to Aboriginal persons is at least equivalent to that of the lands already listed in the Schedule.
71AW Listing of additional lands in Schedule 14
(1) Additional lands may be listed in Schedule 14 only by an Act of Parliament.(2) If Parliament approves of the listing of lands in Schedule 14 following the making of a recommendation by the Minister to the Governor that the lands be so listed, the lands may be dealt with in accordance with the provisions of this Part that apply to Schedule 14 lands and, in particular, with the provisions of Divisions 2, 3, 5 and 6.
Division 8 Addition of lands to Schedule 14 lands or ALR Act lands leased under Part
This Division applies to and in respect of Schedule 14 lands and ALR Act lands that are leased and reserved under this Part.
In this Division, area means lands reserved under this Part as a national park, historic site, state conservation area or regional park or dedicated under this Part as a nature reserve, state game reserve, karst conservation reserve or Aboriginal area.
71AZ Additions may be made to reserved lands leased under Part
(1) Nothing in this Act prevents the reservation of lands, in accordance with this Division, as part of an area that has been leased and reserved in accordance with this Part (whether those lands are to be reserved as the same category of reserved lands as the area already leased and reserved or otherwise).(2) Lands may be reserved as part of an area referred to in this section only with the consent of:(a) the Aboriginal Land Council or Councils in which they are vested, and(b) the board of management for the area.
71BA Addition of lands already reserved under Act
(1) Lands that are reserved under this Act may be added as part of an area that is leased under this Part only if the lands are listed in Schedule 14.(2) The Governor may, by proclamation published in the Gazette, declare that the whole or part of lands listed in Schedule 14, be taken to be reserved as part of an area reserved under this Part.(3) On the publication of the proclamation:(a) the lands are reserved as part of the area, and(b) the lands are vested in the Aboriginal Land Council or Councils in which the area is vested, and(c) the care, control and management of the lands is to be exercised:(i) by the board of management for the area, or(ii) if a board of management has not been established for the area, by the Director-General until a board of management is established for the area, and(d) the lease over the area negotiated under this Part is taken to extend and apply to the lands in the same way that the lease applies to the area, and(e) the provisions of this Act and any instrument made under this Act (including any plan of management or regulations) apply to the lands in the same way that they apply to the area.(4) Subsections (2) and (3) apply, in relation to the lands added to the area, subject to the following:(a) any native title rights and interests that exist in relation to the lands,(b) any existing interest within the meaning of section 39,(c) any licence issued under Part 9,(d) any lease, licence, franchise or easement granted under Part 12,(e) any authority or consent issued under this Act or the regulations.(5) Despite subsection (3) (e), a plan of management applying to land in an area already leased and reserved under this Part only applies to lands added to the area if the plan of management already applies to lands of the same reservation category.Note. For example, if the plan of management applies only to land reserved as a national park and the added land is to be reserved as a state conservation area, the plan of management will not apply to the newly added state conservation area land.
71BB Tabling of proclamation to add lands if change of land classification involved
(1) A copy of a proclamation published under section 71BA is to be laid before each House of Parliament within 14 sitting days of that House after the publication of the proclamation if the classification of the lands specified in the proclamation is changed from the classification that the lands have in Schedule 14.(2) If a House of Parliament passes a resolution of which notice has been given within 15 sitting days of that House after a copy of a proclamation has been laid before it under this section (whether or not those sitting days occur during the same session) and the resolution disallows the reservation taken to be effected by the proclamation of any lands:(a) the reservation of the lands as part of the area leased under this Part ceases to have effect on the disallowance, and(b) the lands cease to be part of the area concerned and revert to the classification, as lands reserved under this Act and listed in Schedule 14, that they had before the publication of the proclamation, and(c) the vesting of the lands in an Aboriginal Land Council or Councils is of no effect, and(d) the care, control and management of the lands is to be exercised by the person or body that had the care, control and management of the lands before the publication of the proclamation, and(e) the lease of the lands does not operate in respect of the lands, and(f) the provisions of this Act and any instrument made under this Act that applied to the lands by reason only of the publication of the proclamation cease to apply to the lands.
71BC Addition of lands not already reserved under Act
(1) The Governor may, by proclamation published in the Gazette, reserve or dedicate, as part of an area leased under this Part any of the following:(a) Crown lands,(b) lands of the Crown,(c) lands acquired under section 145, 146 or 148,(d) Aboriginal lands.(2) On the publication of the proclamation:(a) the lands described in the proclamation become Crown lands to the extent to which they were not Crown lands immediately before that publication, and(b) if a trustee of all or any part of the lands so described was holding office under any this or any other Act immediately before that publication, the trustee ceases to hold that office in respect of those lands, and(c) any by-laws or regulations that, immediately before that publication, applied to the lands cease to apply so far as they relate to the lands, and(d) the lands are reserved as part of the area, and(e) the lands are vested, or in the case of Aboriginal lands, remain vested, in the Aboriginal Land Council or Councils in which the area is vested, and(f) the care, control and management of the lands is to be exercised:(i) by the board of management for the area, or(ii) if a board of management has not been established for the area, by the Director-General until a board of management is established for the area, and(g) the lease over the area is taken to extend and apply to the lands in the same way that it applies to the area, and(h) the provisions of this Act and any instrument made under this Act (including any plan of management or regulations) apply to the lands in the same way that they apply to the area.(3) Subsection (2) applies, in relation to the lands added to the area, subject to the following:(a) any native title rights and interests in relation to the lands,(b) any existing interest within the meaning of section 39.(3A) Despite subsection (2) (h), a plan of management applying to land in an area already leased and reserved under this Part only applies to lands added to the area if the plan of management already applies to lands of the same reservation category.Note. For example, if the plan of management applies only to land reserved as a national park and the added land is to be reserved as a state conservation area, the plan of management will not apply to the newly added state conservation area land.(4) To the extent to which a reservation (other than a reservation under Division 4 or this Division), Crown grant or vesting affects lands described in a proclamation published under this section, the publication revokes the reservation, grant or vesting, and the instruments of title (if any) must be surrendered for cancellation or notation.(5) In this section, Aboriginal lands, in relation to an Aboriginal Land Council or Councils that are the lessors of an area leased under this Part, means:(a) lands owned in fee simple by the Aboriginal Land Council or Councils (other than lands referred to in paragraph (b)), or(b) lands granted to the Aboriginal Land Council or Councils under Part 2 of the Aboriginal Land Rights Act 1983, whether or not subject to conditions of the kind referred to in section 36A (2) of that Act,that the Aboriginal Land Council or Councils have requested, by written notice served on the Minister, be reserved as part of the area vested in the Aboriginal Land Council or Councils.
71BD Application of certain provisions to additional lands
(1) Sections 71R, 71S and 71T apply to and in respect of lands added to an area reserved under this Part in the same way that they apply to and in respect of lands reserved under Division 3 or 4 except as provided in this section.(2) Despite subsection (1), sections 34, 47C, 47I (as substituted by the National Parks and Wildlife Amendment Act 1996), 47Q (as inserted by the National Parks and Wildlife Amendment Act 1996), 47Z (as inserted by that Act), 49, 50, 58B and 58N apply to and in respect of lands reserved under this Part.
71BE Review of lease after addition of lands
(1) A party to a lease under this Part may request a review of the provisions of the lease if:(a) lands are added to the lands originally leased, and(b) the next regular review of the lease in accordance with the requirements of Division 5 is not due within the 2 years next following the date of publication of the proclamation by which lands are added to the lands originally leased.(2) Section 71AH applies to and in respect of the review of a lease under this section in the same way that it applies to and in respect of a lease referred to in that section.
This Division applies to and with respect to Schedule 14 lands and ALR Act lands.
71BG Aboriginal Land Councils to act with agreement of Aboriginal owner board members
An Aboriginal Land Council or Councils in which reserved or dedicated lands are vested must, when exercising any power, authority, duty or function conferred or imposed on it or them under this Act or under the lease of the lands made under this Part (but subject to the requirements of this Act and any instrument, including the lease, made under this Act), act only with the agreement of the Aboriginal owner board members for the lands.
71BH Regard to be had to interests of Aboriginal owners
The Director-General and the National Parks and Wildlife Service must, when exercising any power, authority, duty or function conferred or imposed on them under this Act in relation to management of the lands to which this Part applies (but subject to the requirements of this Act and any instrument, including the lease, made under this Act), have regard to the interests of the Aboriginal owners of the lands concerned.
71BI Land management activities subject to native title
(1) Despite any other provision of this Act:(a) the exercise of functions by a board of management, and(b) the exercise of powers, authorities, duties and functions by the Director-General and the National Parks and Wildlife Service,in relation to the management of the lands to which this Part applies is subject to the preservation of native title rights and interests (if any) that exist in relation to the lands.(2) If at any time an approved determination of native title is made that native title exists in relation to lands to which this Part applies, the Minister, the Aboriginal Land Council or Councils in which the lands concerned are vested and the board of management for the lands are authorised to enter into arrangements with the common law native title holders or their representatives (or both) to ensure that the native title rights and interests in relation to the lands are preserved.(3) An arrangement of the kind referred to in subsection (2) may be entered into despite any provision of this or any other Act or law and despite the fact that the entry into of the arrangement may involve the breach of another previously concluded arrangement.(4) No compensation is payable in respect of the breach of an arrangement because of the operation of this section.Note. Approved determination of native title is defined in section 253 of the Native Title Act 1993 of the Commonwealth.
(1) Any dispute between:(a) the Director-General and a board of management, or(b) the Minister or Director-General and an Aboriginal Land Council or Councils,concerning matters arising under this Part (other than matters in respect of which a direction has been given to the Director-General by a board of management in accordance with this Part) is to be arbitrated by a panel of 3 arbitrators.(2) One of the 3 arbitrators is to be appointed by the Director-General, one by the board of management for the lands concerned and the third by agreement between the first 2 arbitrators or, failing such agreement, by the Chief Judge of the Land and Environment Court.(3) The procedures to apply to an arbitration are to be determined by the panel of arbitrators.(4) In conducting an arbitration, the arbitrators are to have regard to:(a) the preservation of the rights and interests of native title holders, and(b) the views on the subject of the dispute expressed by the Aboriginal owner board members,in relation to the lands concerned.(5) The regulations may make provision with respect to the arbitration of disputes under this section including as to the fixing and payment of the remuneration and expenses of the arbitrators.
71BK Dissolution of Local Aboriginal Land Council
(1) If lands to which this Part applies are vested:(a) in one Local Aboriginal Land Council and that Council is dissolved, or(b) in more than one Local Aboriginal Land Council and each of the Councils in which the lands are vested is dissolved,the lands are on and from the date of dissolution vested in the Aboriginal owners of the lands recorded in the register of Aboriginal owners until a new Aboriginal Land Council or Councils are constituted for the area or areas that constituted or included the area or areas of the dissolved Aboriginal Land Council or Councils.(2) On the constitution of the new Aboriginal Land Council or Councils, the lands vest in that Council or those Councils.(3) If lands to which this Part applies are vested in more than one Aboriginal Land Council and one or more but not all of the Councils in which the lands are vested are dissolved, on constitution of a new Aboriginal Land Council or Councils to replace the dissolved Council or Councils, the lands vest in that new Council or those new Councils for the interest held immediately before the dissolution by the dissolved Council or Councils.
71BL Status of leased lands and board of management
(1) A lease of lands to the Minister under this Part is taken, for the purposes of any Act or law, not to be a lease of lands for private purposes.(2) Each board of management is taken, for the purposes of the Environmental Planning and Assessment Act 1979 and any regulation or planning instrument made under that Act, to be a public authority and, for all purposes under that Act and any such regulation or planning instrument, to occupy in respect of the lands of which it has care, control and management under this Part, the same position that the Director-General occupies in respect of lands of which the Director-General has care, control and management under this Act.
71BM Omission of land from Schedule 14
Schedule 14 may be amended by the omission of lands only by Act of Parliament.
(1) The Minister is to review the operation of this Part to determine whether the policy objectives of the Part remain valid and whether the terms of the Part remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the National Parks and Wildlife Amendment (Aboriginal Ownership) Act 1996.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.