You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (1983 - 42)
Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 19 November 2017 at 14:07)
Part 1
Part 1 Preliminary
1   Name of Act
This Act may be cited as the Aboriginal Land Rights Act 1983.
2   Commencement
(1)  Sections 1 and 2 shall commence on the date of assent to this Act.
(2)  Except as provided by subsection (1), the several provisions of this Act shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3   Purpose of Act
The purposes of this Act are as follows:
(a)  to provide land rights for Aboriginal persons in New South Wales,
(b)  to provide for representative Aboriginal Land Councils in New South Wales,
(c)  to vest land in those Councils,
(d)  to provide for the acquisition of land, and the management of land and other assets and investments, by or for those Councils and the allocation of funds to and by those Councils,
(e)  to provide for the provision of community benefit schemes by or on behalf of those Councils.
4   Definitions
(1)  In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
Aboriginal Land Council means the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council.
Aboriginal owners of land means the Aboriginal persons whose names are entered on the Register of Aboriginal Owners because of the persons’ cultural association with particular land.
Note.
 An Aboriginal person’s name and other relevant information is entered in the Register of Aboriginal Owners.
Aboriginal person means a person who:
(a)  is a member of the Aboriginal race of Australia, and
(b)  identifies as an Aboriginal person, and
(c)  is accepted by the Aboriginal community as an Aboriginal person.
adult Aboriginal person means an Aboriginal person who has attained the age of 18 years.
authority, in Division 5 of Part 10, means the Ombudsman, the Independent Commission Against Corruption, the Commissioner of Police or the Director of Public Prosecutions.
Board means a Board of a Local Aboriginal Land Council.
Board member means a member of a Board of a Local Aboriginal Land Council.
code of conduct means the code of conduct that applies to an Aboriginal Land Council by the operation of this Act.
Commonwealth Native Title Act or NTA means the Native Title Act 1993 of the Commonwealth.
community benefit means a benefit or service provided for the benefit of Aboriginal persons, and may include, but is not limited to, the following:
(a)  funeral funds,
(b)  residential accommodation,
(c)  education and training,
(d)  scholarships and other assistance for education and training,
(e)  cultural activities,
(f)  child care,
(g)  aged care services.
community benefits scheme means a scheme for the provision of community benefits funded wholly or in part by an Aboriginal Land Council.
community development levy means the levy payable under Division 4A of Part 2.
community, land and business plan means a plan prepared and approved under Division 6 of Part 5 or Division 5 of Part 7.
compliance direction means a direction issued by the Registrar under Part 12.
councillor means a member of the New South Wales Aboriginal Land Council.
Court means the Land and Environment Court.
investigator means a person appointed under section 216 to investigate the affairs, or specified affairs, of an Aboriginal Land Council.
land includes any estate or interest in land, whether legal or equitable.
land claim means a claim for land made under section 36.
Local Aboriginal Land Council means a Local Aboriginal Land Council constituted under this Act.
Local Aboriginal Land Council area means a Local Aboriginal Land Council area constituted under this Act.
native title or native title rights and interests has the same meaning as in the Commonwealth Native Title Act.
New South Wales Aboriginal Land Council means the New South Wales Aboriginal Land Council constituted under this Act.
non-voting member, of a Local Aboriginal Land Council, means a member of that Council who does not have voting rights in relation to that Council.
officer of an Aboriginal Land Council means:
(a)  in relation to a Local Aboriginal Land Council, a Board member of the Council, or
(b)  in relation to the New South Wales Aboriginal Land Council, a councillor.
records includes any of the following (whether in a written or electronic form):
(a)  financial statements (including statements or lists of assets or liabilities),
(b)  bank statements or other authorised deposit-taking institution statements,
(c)  membership rolls,
(d)  voting rolls,
(e)  minutes of meetings,
(f)  attendance lists of meetings,
(g)  leases, contracts and other documents relating to arrangements to which an Aboriginal Land Council is a party.
Region means a Region specified in Schedule 5.
Register of Aboriginal Land Claims means the Register of Aboriginal Land Claims established under Division 2 of Part 9.
Register of Aboriginal Owners means the Register of Aboriginal Owners established under Division 3 of Part 9.
Registrar means the Registrar appointed under this Act.
regulations means regulations made under this Act.
relative, in relation to a person, means any of the following:
(a)  the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse or de facto partner,
(b)  the spouse or de facto partner of the person or of a person referred to in paragraph (a).
residential tenancy agreement has the same meaning as in the Residential Tenancies Act 2010.
rules means the rules of an Aboriginal Land Council that apply to the Council by the operation of this Act.
satisfactory financial statements and documents means financial statements and documents furnished to the New South Wales Aboriginal Land Council under Division 2 of Part 8 by a Local Aboriginal Land Council that are determined by the New South Wales Aboriginal Land Council to be satisfactory in accordance with the requirements of that Division.
short-term residential tenancy agreement means a residential tenancy agreement:
(a)  that is a fixed term agreement (within the meaning of the Residential Tenancies Act 2010) for a term of less than 3 years (including any option to renew the agreement) or is a periodic agreement (within the meaning of that Act), and
(b)  where the only parties to the agreement are a Local Aboriginal Land Council and one or more natural persons.
voting member, of a Local Aboriginal Land Council, means a member of that Council who has voting rights in relation to that Council.
voting rights, in relation to a Local Aboriginal Land Council, means the right of a member of the Council to vote in the elections held by, and on any matter to be decided by, the Council.
Note.
 The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2)  A reference in this Act to:
(a)  a function includes a reference to a power, authority and duty, and
(b)  the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(3)  The Chairperson of an Aboriginal Land Council may be referred to as the Chairman or Chairwoman, as the case requires.
(4)  Notes included in this Act are explanatory notes and do not form part of this Act.
5–34C   (Repealed)