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Contents (1983 - 42)
Aboriginal Land Rights Act 1983 No 42
Current version for 1 July 2018 to date (accessed 19 July 2018 at 02:43)
Part 2 Division 5
Division 5 Rates
43   Exemption of Aboriginal lands from the payment of rates
(1)  The regulations may declare that specified land (being land vested in an Aboriginal Land Council) is exempt from:
(a)  the payment of rates and charges, or from the payment of specified rates and charges, under the Local Government Act 1993, or
(b)  the payment of rates, levies and charges, or from the payment of specified rates, levies and charges, under the Hunter Water Act 1991, or
(c)  the payment of service charges, or the payment of specified service charges, under the following Acts:
(2)  A regulation made under subsection (1) may provide that the exemption referred to in that subsection is to operate for a limited period of time.
44   Proceedings for non-payment of certain rates for Aboriginal lands barred
Notwithstanding the provisions of:
(c)  the Hunter Water Act 1991, or
or any other rule of law, land vested in an Aboriginal Land Council shall not be sold, whether by way of writ of execution or otherwise, for overdue rates payable under any of those Acts nor shall action be taken to wind up any such Council because of non-payment of any such rates.
44A   Payment of rates by NSW Aboriginal Land Council
(1)  Where rates payable under an Act referred to in section 44 have been unpaid for a period of not less than 12 months in respect of a rating year commencing on 1 January 1985 or any subsequent date, the New South Wales Aboriginal Land Council shall, within 30 days after receipt of a notice from the appropriate rating authority specifying the total of the amount unpaid, the amount of any interest accrued on that amount and any extra charges, pay that total to that rating authority.
(2)  A rating authority may recover an amount unpaid after the expiration of the period of 30 days referred to in subsection (1) from the New South Wales Aboriginal Land Council as a debt in a court of competent jurisdiction.
(3)  The New South Wales Aboriginal Land Council may recover an amount paid under this section from the Local Aboriginal Land Council in whose area the land subject to the rate is situated.