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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 18 September 2019 at 21:54)
Division 1 Preliminary
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.
71C Purpose of Part
(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.