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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 15:05)
Part 5 Division 1A
Division 1A Functions of Local Aboriginal Land Councils
52   Functions of Local Aboriginal Land Councils
(1)  A Local Aboriginal Land Council has the functions conferred or imposed on it by or under this or any other Act.
(2) Land acquisition A Local Aboriginal Land Council has the following functions in relation to the acquisition of land and related matters:
(a)  in accordance with this Act and the regulations, to acquire land and to use, manage, control, hold or dispose of, or otherwise deal with, land vested in or acquired by the Council,
(b)  functions relating to the acquisition of land and any other functions conferred on it by or under Part 4A of the NPW Act,
(c)  to submit proposals for the listing in Schedule 14 to the NPW Act of lands of cultural significance to Aboriginal persons that are reserved under the NPW Act,
(d)  to negotiate the lease by the Council or by the Council and one or more other Aboriginal Land Councils of lands to which section 36A applies to the Minister administering the NPW Act,
(e)  when exercising its functions with respect to land that is the subject of a lease, or proposed lease, under Part 4A of the NPW Act, to act in the best interests of the Aboriginal owners of the land concerned,
(f)  to make written applications to the New South Wales Aboriginal Land Council for the acquisition by the New South Wales Aboriginal Land Council of land on behalf of, or to be vested in, the Local Aboriginal Land Council,
(g)  to make claims to Crown lands or to enter into Aboriginal Land Agreements.
(3) Land use and management A Local Aboriginal Land Council has the following functions in relation to land use and management:
(a)  to consider applications to prospect or mine for minerals on the Council’s land and to make recommendations to the New South Wales Aboriginal Land Council in respect of such applications,
(b)  to protect the interests of Aboriginal persons in its area in relation to the acquisition, management, use, control and disposal of its land.
(4) Aboriginal culture and heritage A Local Aboriginal Land Council has the following functions in relation to Aboriginal culture and heritage:
(a)  to take action to protect the culture and heritage of Aboriginal persons in the Council’s area, subject to any other law,
(b)  to promote awareness in the community of the culture and heritage of Aboriginal persons in the Council’s area.
(5) Financial stewardship A Local Aboriginal Land Council has the following functions in relation to financial management and business planning:
(a)  to prepare and implement, in accordance with this Act, a community, land and business plan,
(b)  to manage, in accordance with this Act and consistently with its community, land and business plan, the investment of any assets of the Council,
(c)  to facilitate business enterprises (including by establishing, acquiring, operating or managing business enterprises), in accordance with this Act and the regulations and consistently with its community, land and business plan.
(5A) Corporations A Local Aboriginal Land Council may establish, acquire, operate or manage the following:
(a)  an Aboriginal and Torres Strait Islander corporation within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth,
(b)  a company within the meaning of the Corporations Act 2001 of the Commonwealth.
(5B)    (Repealed)
(6) Other functions prescribed by regulations A Local Aboriginal Land Council has any other functions prescribed by the regulations.
Note.
 Under section 50 of the Interpretation Act 1987, a Local Aboriginal Land Council has certain functions as a statutory corporation, including the power to purchase, exchange, take on lease, hold, dispose of and otherwise deal with property. This provision is subject to the provisions of this Act.
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.
52AA   Powers of Local Aboriginal Land Councils with respect to property
(1)  A Local Aboriginal Land Council may do or suffer in relation to its property any act or thing that it could lawfully do or suffer if it were a natural person having, in the case of land, the same estate or interest in the property as the Council.
(2)  In particular, without limiting the generality of subsection (1), a Local Aboriginal Land Council may do or suffer any such act or thing to enable it to:
(a)  improve, or cause to be improved, any land vested in it, or
(b)  explore for and exploit, or cause to be explored for or exploited, mineral resources or other natural resources vested in it.
(3)  This section is subject to this Act.
52B   (Repealed)
52C   Local Aboriginal Land Councils’ responsibilities in relation to certain arrangements and transfers
(1)  In this section:
enter into includes participate in.
entity means any partnership, trust, corporation, joint venture, syndicate or other body (whether or not incorporated).
(2)  This section applies to an arrangement entered into by a Local Aboriginal Land Council:
(a)  for the purpose of exercising any of the Council’s functions under this Act (including providing a community benefits scheme), and
(b)  that includes the formation, acquisition, operation or management of an entity.
(3) Local Aboriginal Land Councils to report on certain arrangements A Local Aboriginal Land Council must include, in the accounts and records of the Council under this Act and the regulations, details of any operations that are carried out under an arrangement to which this section applies (including any activities or operations carried out by the entity formed, acquired, operated or managed and any financial matters relating to any such entity).
(4)  Before entering into an arrangement to which this section applies, a Local Aboriginal Land Council must take reasonable steps to ensure that the Local Aboriginal Land Council will not be prevented from complying with the Council’s reporting obligations in relation to operations carried out under such an arrangement (including any financial matters relating to the entity formed, acquired, operated or managed under the arrangement).
(5) Risk assessment and approval for transfer of certain assets Before transferring assets (other than land) in connection with an arrangement to which this section applies, a Local Aboriginal Land Council must, if required to do so by any applicable policy of the New South Wales Aboriginal Land Council (or, if there is no such policy, by the regulations):
(a)  conduct a risk assessment with respect to the proposed transfer in accordance with any applicable policy of the New South Wales Aboriginal Land Council or any such regulation, and
(b)  obtain the approval of the members of the Local Aboriginal Land Council to the transfer.
(6) Requirements for approval resolutions Any Local Aboriginal Land Council resolution that approves the Council’s proposed transfer of an asset (other than land) under this section must:
(a)  contain a statement identifying the purpose of the action and any conditions to which the approval is subject, and
(b)  be made at a meeting of the Council:
(i)  in respect of which notice was given, in accordance with the regulations, not less than 14 days before the day on which the meeting is held, and
(ii)  at which a quorum is present, and
(c)  be passed by not less than 80% of the votes cast.
(7) Approval of termination of certain arrangements A Local Aboriginal Land Council must not terminate an arrangement to which this section applies, or dispose of an interest in an entity formed, acquired, operated or managed under such an arrangement, otherwise than in accordance with the approval of the Board of the Council.
52D   Duty of Aboriginal Land Council not to transfer land or other assets to Council members, Board members, staff or consultants
(1)  A Local Aboriginal Land Council must ensure that no part of the income or property of the Council is transferred directly or indirectly by way of dividend or bonus or otherwise by way of profit to members of the Council, Board members or any member of staff of, or consultant to, the Council.
(2)  Nothing in this section prevents:
(a)  the provision of a benefit in good faith to a Council member, Board member, member of staff or consultant in accordance with this Act, or
(b)  the payment in good faith of remuneration to any such member, Board member, member of staff or consultant.
52E   Delegation of functions by Local Aboriginal Land Councils
(1)  A Local Aboriginal Land Council may, by resolution, delegate to the Board, any of the functions of the Council with respect to the acquisition of land other than:
(a)  this power of delegation, and
(b)  any function under this or any other Act that is expressly required to be exercised by resolution of the voting members of the Council.
(2)  Each Local Aboriginal Land Council must, once every year, review all its delegations.
52F   Rules of Local Aboriginal Land Councils
(1)  The purpose of this section is to provide rules for Local Aboriginal Land Councils relating to those Councils’ functions and operations.
(2)  The rules prescribed by the regulations as model rules are the rules for a Local Aboriginal Land Council.
(3)  However, a Local Aboriginal Land Council may prepare its own rules and submit them to the Registrar for approval.
(4)  On approval by the Registrar, the rules prepared by a Local Aboriginal Land Council, to the extent that they are not inconsistent with this Act or the regulations, become the rules of the Council to the exclusion of the model rules.
(5)  A Local Aboriginal Land Council’s rules may, with the approval of the Registrar, be amended, repealed or replaced from time to time.
(6)  A Local Aboriginal Land Council may appeal to the Court against the Registrar’s refusal to approve of rules or to approve of an amendment, a repeal or a replacement of its rules.
(7)  On the hearing of an appeal under subsection (6), the Court may direct the Registrar to approve of rules, or an amendment, a repeal or a replacement of rules, specified in the direction.
52G   Functions exercised by Council resolution
(1)  The following functions are to be exercised, in accordance with this Act, by resolution of the voting members of a Local Aboriginal Land Council:
(a)  acceptance of persons as qualified for membership,
(b)    (Repealed)
(c)  approval of the rules and code of conduct of the Council and any amendment to or repeal or replacement of those rules or that code,
(d)  approval or amendment of the community, land and business plan of the Council,
(d1)  approval of transfers of assets under section 52C,
(e)  approval of dealings with land (within the meaning of Division 4 of Part 2) and land dealing approval agreements (within the meaning of that Division), other than any such dealings or agreements that do not require the approval of the New South Wales Aboriginal Land Council,
(f)  receipt of the annual budget and the financial statements of the Council,
(g)  election of Board members,
(h)  suspension of members from attending or voting at meetings of the Council,
(i)  approval of requests to change the name of the Council’s area or for the amalgamation or dissolution of the Council, or its re-allocation to another Region.
(2)  For the avoidance of doubt, subsection (1) (f) requires a resolution of the Council confirming receipt by the Council of the annual budget and financial statements, not a resolution approving the contents of the annual budget and financial statements.
52H   Meetings of Local Aboriginal Land Councils
Part 1 of Schedule 3 has effect.