Local Government (General) Regulation 2005
Current version for 4 July 2014 to date (accessed 26 November 2014 at 10:05)
Part 4Division 2

Division 2 Preparation and adoption of draft plans of management for community land

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)  placing an advertisement in a newspaper circulating across the State that is primarily concerned with issues of interest to Aboriginal people, 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.

113   Preparation of draft plan of management where land is categorised in more than one category

A draft plan of management that categorises an area of community land, or parts of an area of community land, in more than one category must clearly identify the land or parts of the land and the separate categories (by a map or otherwise).

114   Adoption of draft plan of management in relation to which certain submissions have been made

(1)  This clause applies if:
(a)  a council prepares a draft plan of management, and
(b)  the council receives any submission, made in accordance with the Act, concerning that draft plan that makes any objection to a categorisation of land under the draft plan, and
(c)  the council adopts the plan of management without amending the categorisation that gave rise to the objection.
(2)  If this clause applies, the resolution by which the council adopts the plan of management must state the council’s reasons for categorising the relevant land in the manner that gave rise to the objection.

115   Application of amendments made by Local Government Amendment Act 2000 to draft plans of management

The amendments made to sections 40 and 40A of the Act by Schedule 3 [4]–[6] to the Local Government Amendment Act 2000 do not apply to proposed plans of management amended or adopted after the commencement of those amendments that had been placed on exhibition before the commencement of the amendments.
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