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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 18 November 2019 at 09:15)
Part 4A Division 2
Division 2 Negotiations for lease
71E   Application of Division
This Division applies to and in respect of Schedule 14 lands and ALR Act lands.
71F   Purpose of negotiations
(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.