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Contents (1983 - 42)
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Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 21 September 2017 at 00:33)
Part 5 Division 1A Section 52A
52A   Community benefits schemes
(1)  A Local Aboriginal Land Council may, in accordance with an approval of the New South Wales Aboriginal Land Council:
(a)  directly or indirectly, provide community benefits under community benefits schemes, and
(b)  without limiting paragraph (a), provide, acquire, construct, upgrade or extend residential accommodation for Aboriginal persons in its area.
(1A)  Despite subsection (1), the approval of the New South Wales Aboriginal Land Council is not required for a community benefits scheme for the provision or acquisition of residential accommodation for Aboriginal persons in its area, or for constructing, upgrading or extending any such accommodation, if the Local Aboriginal Land Council is:
(a)  a registered Aboriginal housing organisation (within the meaning of the Aboriginal Housing Act 1998), or
(b)  a registered community housing provider (within the meaning of the Community Housing Providers National Law (NSW).
(2)  The New South Wales Aboriginal Land Council must not approve a community benefits scheme of a Local Aboriginal Land Council unless it is satisfied that:
(a)  the proposed scheme complies with this Act and the regulations, and
(b)  the proposed scheme is consistent with any applicable policy of the New South Wales Aboriginal Land Council, and
(c)  the proposed scheme is consistent with the community, land and business plan of the Local Aboriginal Land Council, and
(d)  the proposed scheme is fair and equitable and will be administered in a way that is responsible and transparent, and
(e)  the proposed scheme is not likely to prevent the Local Aboriginal Land Council from being able to meet its debts as and when they fall due, and
(f)  the need for the proposed benefits is not otherwise being adequately met.
(3)  A Local Aboriginal Land Council must ensure that any community benefits scheme under which community benefits are provided by it or on its behalf:
(a)  complies with this Act and the regulations, and
(b)  is consistent with any applicable policy of the New South Wales Aboriginal Land Council, and
(c)  is consistent with the community, land and business plan of the Local Aboriginal Land Council.
(4)  A Local Aboriginal Land Council may provide community benefits under a community benefits scheme to persons within the areas of other Local Aboriginal Land Councils and may provide community benefits in conjunction with one or more other Aboriginal Land Councils.