- Aboriginal Land Rights Act 1983 No 42
- Status information
- Long title
- Part 1 Preliminary
- Part 2 Land rights
- Division 1
- Division 2 Claimable Crown lands
- Division 3 Acquisition of other lands
- 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- 40AA–40D (Repealed)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
- Division 5 Rates
- Part 3 Mineral rights and mining
- Part 4 Hunting, fishing and gathering
- Part 5 Local Aboriginal Land Councils
- Division 1 Constitution of Local Aboriginal Land Councils and Local Aboriginal Land Council areas
- 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- 52B (Repealed)
- 52C Local Aboriginal Land Councils’ responsibilities in relation to certain arrangements and transfers
- 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
- 57A Inactive members
- 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 NCAT may declare particular offices of Local Aboriginal Land Council vacant
- 70 (Repealed)
- 71 Effect of order declaring vacancy
- 72 Delegation by Boards
- Division 4
- 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
- Division 7 Changes to Local Aboriginal Land Councils and areas of Local Aboriginal Land Councils
- Part 6 Regions
- Part 7 New South Wales Aboriginal Land Council
- Division 1 Constitution 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 (Repealed)
- 110 Report on actions to increase membership of Local Aboriginal Land Councils
- 111 New South Wales Aboriginal Land Council’s responsibilities in relation to certain arrangements and transfers
- 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
- Division 5 Community, land and business plans
- Divisions 6–8
- Division 9 Chief Executive Officer of New South Wales Aboriginal Land Council
- Division 10 Staff of New South Wales Aboriginal Land Council
- Division 11
- Part 8 Finance
- Division 1 Establishment of accounts
- Division 2 Keeping of accounts
- 153 Local Aboriginal Land Councils to keep accounts
- 154 (Repealed)
- 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
- Part 9 Registrar and Registers of Aboriginal Land Claims and Aboriginal Owners
- Part 10 Conduct, disclosure and disciplinary matters
- Division 1 Honesty, care and diligence
- Division 2 Codes of conduct
- Division 3
- Division 3A Disciplinary action
- 181A Interpretation
- 181B Grounds for disciplinary action
- 181C Formal censure for misconduct
- 181D Initiating disciplinary proceedings
- 181E Registrar to investigate misconduct
- 181F Registrar may take disciplinary action
- 181G–181I (Repealed)
- 181J Appeals against disciplinary action by Registrar
- 181K Referral of matters to NCAT
- 181L Alternatives to suspension or referral to NCAT
- 181M Expenses to be borne by Aboriginal Land Councils
- 181N (Repealed)
- 181O Other proceedings or actions not affected
- Division 4 Duties of disclosure
- Division 5
- Division 6 Proceedings before NCAT
- 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
- 221B Privilege
- 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 amend instrument of appointment of administrator
- 232 Minister may remove administrator
- Division 3 Non-functioning Aboriginal Land Councils and assistance to Local Aboriginal Land Councils
- Division 4 Performance improvement orders for Local Aboriginal Land Councils
- Part 12 Compliance directions
- Part 13 Dispute resolution
- Part 14 Miscellaneous
- 242 Exclusion of personal liability
- 243 Delegation
- 243A Effect of suspension of Board members and councillors
- 244 Service of documents
- 245 Authentication of certain documents
- 246 Proof of certain matters not required
- 246A Correction of errors in documents
- 247 Aboriginal Land Councils not statutory bodies representing the Crown
- 248 Aboriginal Land Councils to be public authorities etc for certain purposes
- 248A Search warrants
- 248B Injunctions
- 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 (Repealed)
- Schedule 3 Procedure of Boards and Councils
- Schedule 3A Transfer of assets, rights and liabilities
- Schedule 4 Savings, transitional and other provisions
- Schedule 5 Regions
- Schedule 6 (Repealed)
- Historical notes
Aboriginal Land Rights Act 1983 No 42
Current
version
for 6 December 2019
to date
(accessed 1 March 2020 at 23:58)
Status information
Currency of version
Current version for 6 December 2019 to date (accessed 1 March 2020 at 23:58)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
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Historical Notes
Does not include amendments by—
Government Sector Finance Legislation (Repeal and Amendment) Act 2018 No 70 (not commenced)
Government Sector Finance Legislation (Repeal and Amendment) Act 2018 No 70 (not commenced)
Editorial note
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.
This version has been updated.
Responsible Minister
Special Minister of State, Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.