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Contents (1983 - 42)
Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 18 November 2017 at 10:11)
Part 2 Division 4 Section 42G
42G   Approval of LALC land dealings by NSWALC
(1) Approval requirements The New South Wales Aboriginal Land Council must (subject to subsection (2) and any requirements of the regulations), on an application for approval of a land dealing being made by a Local Aboriginal Land Council in accordance with this Act, approve (with or without conditions) the land dealing if the New South Wales Aboriginal Land Council is satisfied that:
(a)  the application is in accordance with this Act, and
(b)  the members of the Local Aboriginal Land Council have passed a resolution in accordance with subsection (5) and that the dealing is in accordance with that resolution.
(2) Refusal if contrary to LALC members’ interests The New South Wales Aboriginal Land Council may refuse to approve a land dealing if it considers that the dealing is, or is likely to be, contrary to the interests of the members of the Local Aboriginal Land Council or other Aboriginal persons within the area of that Council.
(3)  In considering whether a land dealing is contrary to any such interests, the New South Wales Aboriginal Land Council may consider (and is not limited to considering) the following:
(a)  the community, land and business plan of the Local Aboriginal Land Council and whether, and to what extent, the land dealing is consistent with that plan,
(b)  the terms of the land dealing and whether those terms are fair and equitable to the Local Aboriginal Land Council in all the circumstances,
(c)  whether the Local Aboriginal Land Council, in passing the resolution, had proper regard to the cultural and heritage significance of the land to Aboriginal persons,
(d)  any assessment of the application for approval of the land dealing by an expert advisory panel under this Division,
(e)  whether it is likely that the proceeds of the land dealing will be managed and applied in the interests of the members of the Local Aboriginal Land Council or other Aboriginal persons within the area of the Council,
(f)  any applicable policy of the New South Wales Aboriginal Land Council in relation to land dealings by Local Aboriginal Land Councils.
(4)  The New South Wales Aboriginal Land Council is not required to consider any additional information or other material provided by a person other than the Local Aboriginal Land Council in considering whether a land dealing is, or is likely to be, contrary to the interests of the members of the Local Aboriginal Land Council or other Aboriginal persons within the area of that Council.
(5) Requirements for approval resolutions A Local Aboriginal Land Council resolution approving a land dealing must:
(a)  be passed at a meeting of which prior notice was given, in accordance with the regulations, and at which a quorum was present, and
(b)  be passed by not less than 80 per cent of the voting members of the Council present at the meeting, and
(c)  contain the following matters:
(i)  the identity of the land,
(ii)  a statement that the impact of the land dealing on the cultural and heritage significance of the land to Aboriginal persons has been considered in determining whether to approve the dealing,
(iii)  the manner in which the land is to be dealt with,
(iv)  any conditions to which the approval of the dealing is subject.
(6) Conditions of approval The New South Wales Aboriginal Land Council may only impose the following kinds of conditions on an approval of a land dealing:
(a)  a condition that is to be satisfied before completion of the land dealing,
(b)  a condition that requires the Local Aboriginal Land Council or one or more parties to the land dealing to enter into an agreement with the New South Wales Aboriginal Land Council as to specified matters to be carried out before or after the dealing is completed.
Note.
 Section 119 enables conditions to be imposed on approvals and also enables approvals to be revoked.
(7)  Without limiting any other action that may be taken, failure by a Local Aboriginal Land Council to comply with a provision of a land dealing approval agreement is taken to be a breach by the Council of this Act.
(8) Approval may relate to more than one dealing An approval under this section may relate to one or more land dealings.