1 Name of Act
2 Commencement
3 Purpose of Act
4 Definitions
5–34C (Repealed)
35(Repealed)
Division 2 Claimable Crown lands
36 Claims to Crown lands
36A Special provision concerning certain Crown lands having nature conservation value
37 Aboriginal lands in travelling stock reserves
Division 3 Acquisition of other lands
38 Purchase, lease etc of property
39 Acquisition of land
Division 4 Land dealings by Aboriginal Land Councils
40 Interpretation
40AA–40D (Repealed)
41 Certificates—land vested in Aboriginal Land Councils
42 Restrictions on dealing with land subject to native title
42A Restrictions on dealing with land reserved or dedicated under the NPW Act
42B Appropriation or resumption of Aboriginal land
42C Land dealings by Aboriginal Land Councils generally
42D Land dealings by New South Wales Aboriginal Land Council
42E Approval required for land dealings by Local Aboriginal Land Councils
42F Applications for approval of LALC land dealings by NSWALC and assessment fees
42G Approval of LALC land dealings by NSWALC
42H Reasons for refusal or conditions
42I Assessment of dealings by expert advisory panels
42J Amendment and revocation of land dealing approvals
42K Certificates for dealings by Local Aboriginal Land Councils
42L Review of approval decisions
42M Registration of dealings and instruments
42N Certain land dealing approval agreements to run with land
42O Enforcement of land dealing approval agreements—registration prohibition notices
42P Effect of registration prohibition notices
Division 4A Community development levy
42Q Interpretation
42R Community development levy payable for certain transactions
42S Community development levy not payable on transactions between Councils
42T Amount of community development levy
42U Payment of community development levy amounts
42V NSWALC payments may be waived
42W Regulations
42X Relationship with Taxation Administration Act 1996
43 Exemption of Aboriginal lands from the payment of rates
44 Proceedings for non-payment of certain rates for Aboriginal lands barred
44A Payment of rates by NSW Aboriginal Land Council
Part 3 Mineral rights and mining
45 Mineral rights and mining on Aboriginal land
46 Fees or royalties for mining on Aboriginal land
Part 4 Hunting, fishing and gathering
47 Agreements to permit hunting, fishing or gathering
48 Access permits may be issued by the Court
Part 5 Local Aboriginal Land Councils
Division 1 Constitution of Local Aboriginal Land Councils and Local Aboriginal Land Council areas
49 Constitution of Local Aboriginal Land Council areas
50 Constitution of Local Aboriginal Land Councils
51 Objects of Local Aboriginal Land Councils
Division 1A Functions of Local Aboriginal Land Councils
52 Functions of Local Aboriginal Land Councils
52A Community benefits schemes
52AA Powers of Local Aboriginal Land Councils with respect to property
52B Social housing schemes
52C Trusts
52D Duty of Aboriginal Land Council not to transfer land or other assets to Council members, Board members, staff or consultants
52E Delegation of functions by Local Aboriginal Land Councils
52F Rules of Local Aboriginal Land Councils
52G Functions exercised by Council resolution
52H Meetings of Local Aboriginal Land Councils
Division 2 Membership of Local Aboriginal Land Councils
53 Membership of Local Aboriginal Land Councils
54 Local Aboriginal Land Council membership rolls
55 Aboriginal persons may be member of more than one Local Aboriginal Land Council
56 Nomination of voting area
57 Suspension of members from attending Council meetings
58 Removal of person’s name from membership roll
59 Updating and consolidation of membership rolls
60 Regulations concerning membership of Local Aboriginal Land Council and membership rolls
Division 3 Boards of Local Aboriginal Land Councils
61 Local Aboriginal Land Councils to have Boards
62 Functions of Boards of Local Aboriginal Land Councils
63 Board members
64 Chairperson and Deputy Chairperson
65 Training for Board members
66 Grounds for disqualification from office
67 Vacancy in office
68 Casual vacancy
69 ADT may declare particular offices of Local Aboriginal Land Council vacant
70 Appeals to Supreme Court against order
71 Effect of order declaring vacancy
72 Delegation by Boards
73–77(Repealed)
Division 5 Staff of Local Aboriginal Land Councils
78 Staff
78A Chief executive officer
78B Certain persons must not be employed as chief executive officers
78C Filling of vacancy in position of chief executive officer
79 Certain persons must not be employed
79A Advertising vacancies
80 Appointments and promotion to be on merit
81 Consultants to be engaged on merit
Division 6 Community, land and business plans
82 Community, land and business plans
83 Matters covered by plans
84 Approval of community, land and business plans
85 Approval of plan by New South Wales Aboriginal Land Council
86 Administration may follow plan failure
Division 7 Changes to Local Aboriginal Land Councils and areas of Local Aboriginal Land Councils
87 Changes to Local Aboriginal Land Council areas
88 Effect of dissolution
89 Transfer of assets, rights and liabilities
90 Voluntary changes
91 Changes on initiative of Minister
92 Objections to Minister’s changes
93 Regions
94–103 (Repealed)
Part 7 New South Wales Aboriginal Land Council
Division 1 Constitution of New South Wales Aboriginal Land Council
104 Constitution of NSW Aboriginal Land Council
105 Objects of New South Wales Aboriginal Land Council
Division 2 Functions of New South Wales Aboriginal Land Council
106 Functions of New South Wales Aboriginal Land Council
106A Powers of New South Wales Aboriginal Land Council with respect to property
107 Training
108 Community benefits schemes
109 Social housing schemes
110 Increased membership of Local Aboriginal Land Councils
111 Trusts
112 Duty of New South Wales Aboriginal Land Council not to transfer land or other assets to councillors, staff or consultants
113 Policies relating to Aboriginal Land Council functions
114 Procedure for making policies
115 New South Wales Aboriginal Land Council may give other Councils directions regarding certain matters
116 Delegation by New South Wales Aboriginal Land Council
117 Rules of the New South Wales Aboriginal Land Council
118 Advisory committees
119 Approvals
Division 3 Councillors of NSW Aboriginal Land Council
120 Membership of New South Wales Aboriginal Land Council
121 Election of councillors
122 Timing of elections
123 Declaration of election
124 Councillors pending determination of disputed return
125 Method of disputing elections and returns
126 Procedure
127 Immaterial errors not to invalidate election
128 Decisions to be final
129 Chairperson and Deputy Chairperson
130 Role of councillors of NSW Aboriginal Land Council
131 Training for councillors
Division 4 Removal from office
132 Grounds for disqualification from office
133 Vacancy in office
134 Casual vacancy
135 ADT may declare particular offices of New South Wales Aboriginal Land Council vacant
136 Appeals to Supreme Court against order
137 Effect of order declaring vacancy
Division 5 Community, land and business plans
137A Community, land and business plans
137B Matters covered by plans
137C Approval of community, land and business plans
137D Administration may follow plan failure
Division 9 Chief Executive Officer of New South Wales Aboriginal Land Council
138 Chief Executive Officer
138A Certain persons must not be employed as Chief Executive Officer
139 Functions of Chief Executive Officer
140 Attendance of Chief Executive Officer at meetings
141 Filling of vacancy in position of Chief Executive Officer
141A Delegations by Chief Executive Officer
Division 10 Staff of New South Wales Aboriginal Land Council
142 Staff organisation structure
143 Appointments and promotion to be on merit
143A Vacancies to be advertised
144 Certain persons must not be employed
145 Consultants to be engaged on merit
146–148(Repealed)
Division 1 Establishment of accounts
149 NSW Aboriginal Land Council Account
149A NSW Aboriginal Land Council Community Fund
150 Preservation of money in NSW Aboriginal Land Council Account
151 (Repealed)
152 Local Aboriginal Land Council Accounts
Division 2 Keeping of accounts
153 Local Aboriginal Land Councils to keep accounts
154 Regulations may set requirements to judge satisfactory financial statements
155 Local Aboriginal Land Councils may request special auditor
156 Financial year of Aboriginal Land Councils
157 Budget of New South Wales Aboriginal Land Council
158 Budget of Local Aboriginal Land Councils
159 Quarterly and six monthly reports by New South Wales Aboriginal Land Council
160 NSW Aboriginal Land Council may give other Councils directions regarding accounting
161 Annual reports
Division 3 Funding of Local Aboriginal Land Councils
162 Funding agreements
163 Cessation of funding
Part 9 Registrar and Registers of Aboriginal Land Claims and Aboriginal Owners
164 Appointment of Registrar
165 Functions of Registrar
165A Delegation
Division 2 Register of Aboriginal Land Claims
166 Register of Aboriginal Land Claims
167 Contents of Register of Aboriginal Land Claims
168 Registrar may request information from Crown Lands Minister
169 Regulations may provide for public inspection of Register
Division 3 Register of Aboriginal Owners
170 Register of Aboriginal Owners
171 Contents of Register of Aboriginal Owners
172 Requests for entry of names in Register
173 Requests for opening of parts of Register of Aboriginal Owners
174 Rectification of Register
175 Reference by Registrar to Land and Environment Court
Part 10 Honesty and disclosure of interests
Division 1 Honesty, care and diligence
176 Conduct of councillors, Board members and staff of Aboriginal Land Councils
177 Codes of conduct
Division 3 Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal
178 Establishment of Pecuniary Interest and Disciplinary Tribunal
179 Constitution of Pecuniary Interest and Disciplinary Tribunal
180 Functions of Pecuniary Interest and Disciplinary Tribunal
181 Annual report
181A Interpretation
181B Formal censure for misbehaviour
181C Process for initiating suspension or other action
181D Grounds on which a person may be suspended or action taken
181E How requests and reports are to be dealt with
181F Suspension by Registrar for misbehaviour
181G When suspension order takes effect
181H Appeals against suspension
181I Actions by Registrar against members of staff for misbehaviour
181J Appeals against action against members of staff
181K Referral of matters to Pecuniary Interest and Disciplinary Tribunal
181L Alternatives to suspension or referral to Pecuniary Interest and Disciplinary Tribunal
181M Expenses to be borne by Aboriginal Land Councils
181N Reasons to be given
181O Other proceedings or actions not affected
Division 4 Duties of disclosure
182 Definition of “pecuniary interest”
183 Persons who have pecuniary interests
Subdivision 2 Disclosure of pecuniary interests at meetings
184 Disclosure and presence in meetings
185 Disclosures to be recorded
186 General disclosure
187 Disclosure by consultants
188 Circumstances in which sections 184 and 187 are not breached
Division 5 Complaints concerning non-disclosure
189 Complaints concerning failure to disclose pecuniary interests
190 Registrar may require further information
191 Inquiries regarding complaints
192 Decision not to inquire into complaint
193 Referral and investigation of complaints by other authorities
194 Pecuniary Interest and Disciplinary Tribunal to be notified of inquiries
195 Persons to be notified of complaint
196 Reports of investigation of complaints by authorities
197 Presentation of reports to Pecuniary Interest and Disciplinary Tribunal
Division 6 Proceedings before the Pecuniary Interest and Disciplinary Tribunal
Subdivision 1 Proceedings relating to pecuniary interest matters
198 Pecuniary Interest and Disciplinary Tribunal to decide whether or not to conduct proceedings into a complaint
199 Circumstances in which Pecuniary Interest and Disciplinary Tribunal may dispense with hearing
Subdivision 2 Proceedings relating to misbehaviour
199A Pecuniary Interest and Disciplinary Tribunal to decide whether or not to conduct proceedings into a referred matter relating to misbehaviour
199B Circumstances in which Pecuniary Interest and Disciplinary Tribunal may dispense with hearing
Subdivision 3 General provisions
200 General conduct of proceedings
201 Private and public hearings
202 Representation at hearings
203 Presentation of cases at hearings
204 Power to summon witnesses and take evidence at hearings
205 Power to obtain documents
206 Privilege concerning answers and documents
207 Additional complaints
208 Adjournments
209 Release of information
210 Witnesses’ expenses
211 Decision of Pecuniary Interest and Disciplinary Tribunal—interest matters
211A Decision of Pecuniary Interest and Disciplinary Tribunal—misbehaviour matters
212 Standard of proof
213 Pecuniary Interest and Disciplinary Tribunal to provide details of its decisions
214 Appeals to Supreme Court
215 Referral of matters by Pecuniary Interest and Disciplinary Tribunal
Part 11 Investigation and administration of Aboriginal Land Councils
Division 1 Investigation of Aboriginal Land Councils
216 Appointment of investigator into Aboriginal Land Councils
217 Contents of investigator’s instrument of appointment
218 Aboriginal Land Councils to assist investigators
219 Investigator to report
220 Minister may extend term of office of investigator
221 Minister may remove an investigator
221A Provision of information to Registrar and New South Wales Aboriginal Land Council
Division 2 Administration of Aboriginal Land Councils
222 Administrators—Local Aboriginal Land Councils
223 Administrators—New South Wales Aboriginal Land Council
223A Notice of appointment of administrator
223B Interim actions pending appointment of administrator
224 Contents of administrator’s instrument of appointment
225 Certain persons ineligible to be administrators
226 Removal of office holders on appointment of administrator
227 Officers to assist administrator
228 Administrator of an Aboriginal Land Council may call meetings
229 Administrator to report monthly
230 Limitations on certain land dealings by administrator
231 Minister may extend term of office of administrator
232 Minister may remove administrator
Division 3 Non-functioning Aboriginal Land Councils and assistance to Local Aboriginal Land Councils
233 Failure of NSW Aboriginal Land Council to function
234 Appointment of advisors
235 Registrar may issue compliance directions
236 Registrar may refer failure to comply to Court
237 Court to determine compliance matters
238 Application of Part
239 Mediation, conciliation or arbitration of disputes by NSW Aboriginal Land Council
239A Compulsory mediation of land dealing application disputes
240 Application of Commercial Arbitration Act 2010
241 Reference of disputes to Court
242 Exclusion of personal liability
243 Delegation
244 Service of documents
245 Authentication of certain documents
246 Proof of certain matters not required
247 Aboriginal Land Councils not statutory bodies representing the Crown
248 Aboriginal Land Councils to be public authorities etc for certain purposes
249 Proceedings for offences
249A Offences by corporations
250 Establishment of new Local Aboriginal Land Councils
251 (Repealed)
252 Regulations
252A Review of Act
253 Savings, transitional and other provisions
Schedule 1 Provisions relating to the Registrar
Schedule 2 Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal
Schedule 3 Procedure of Boards and Councils
Schedule 3A Transfer of assets, rights and liabilities