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Contents (1983 - 42)
Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 24 November 2017 at 05:35)
Part 5 Division 6
Division 6 Community, land and business plans
82   Community, land and business plans
(1)  A Local Aboriginal Land Council must prepare and implement a community, land and business plan.
(1A)  A Local Aboriginal Land Council must, within 9 months after the holding of an election of Board members for the Council, approve or amend the community, land and business plan for the Council that was in force immediately before the election.
(2)  A Local Aboriginal Land Council preparing a community, land and business plan must consult with the following persons:
(a)  members of the Council,
(b)  persons who have a cultural association with the land within the Council’s area,
(c)  any other persons required to be consulted by the regulations or a policy of the New South Wales Aboriginal Land Council.
(3)  A Local Aboriginal Land Council may amend a community, land and business plan.
(4)  The provisions of this Division apply to any proposed amendment in the same way as they apply to the preparation and approval of a plan.
(5)  The New South Wales Aboriginal Land Council may exempt a Local Aboriginal Land Council wholly or partly from the requirement to prepare a community, land and business plan, if the New South Wales Aboriginal Land Council is satisfied that, having regard to the limited operations of the Local Aboriginal Land Council, compliance is not appropriate.
(6)  For the purposes of this section, a person has a cultural association with land if the person is an Aboriginal owner in relation to land within the area of the Local Aboriginal Land Council concerned or is a person of a class prescribed by the regulations for the purposes of this subsection.
83   Matters covered by community, land and business plans
A community, land and business plan of a Local Aboriginal Land Council must contain the following:
(a)  the objectives and strategy of the Council in relation to the acquisition, management and development of land and other assets,
(b)  the objectives and strategy of the Council in relation to the provision and management of community benefits schemes,
(c)  the objectives and strategy of the Council in relation to business enterprises and investment,
(d)  the objectives and strategy of the Council in relation to Aboriginal culture and heritage,
(e)  any other matter required to be included in the community, land and business plan by any applicable policy of the New South Wales Aboriginal Land Council,
(f)  any other matter prescribed by the regulations.
84   Approval of community, land and business plans
(1)  A community, land and business plan is adopted by a Local Aboriginal Land Council if it is approved by a meeting of the members of the Council, of which not less than 14 days notice was given.
(1A)  A Local Aboriginal Land Council resolution that approves the adoption of a community, land and business plan must be passed by not less than 80 per cent of the voting members of the Council present at a meeting at which a quorum is present.
(2)    (Repealed)
(3)  A Local Aboriginal Land Council must make available to its members, on request, for a period of not less than 14 days before any such meeting and at the meeting, a summary of the proposed community, land and business plan or a copy of the plan.
(4)  The summary is to contain the matters prescribed by the regulations.
(5)  More than one meeting may be called to enable approval of a community, land and business plan.
(5A)  A Local Aboriginal Land Council must, not more than 14 days after approving or amending a community, land and business plan, provide the New South Wales Aboriginal Land Council with:
(a)  a copy of the plan, and
(b)  documentation demonstrating that the Council approved the plan in accordance with this Division.
(6)  A community, land and business plan for a Local Aboriginal Land Council takes effect on the day on which it is approved or on such later date as may be specified in the plan.
(7)  A community, land and business plan has effect for the period (not exceeding 5 years) specified in the plan or until it is replaced, whichever occurs first.
(8)  Failure to comply with a requirement of this Division for the preparation or approval of a community, land or business plan does not affect the validity of the plan.
85   Chairperson may refer community, land and business plan to New South Wales Aboriginal Land Council
(1)    (Repealed)
(2)  If a Local Aboriginal Land Council is not able to reach agreement on a proposed community, land and business plan within 3 months after it is first proposed for approval at a meeting of the Council, the Chairperson of the Board may refer the proposed plan to the New South Wales Aboriginal Land Council.
(3)  The New South Wales Aboriginal Land Council may amend or replace a proposed community, land and business plan referred to it under subsection (2) and may refer the amended or replaced plan to the Local Aboriginal Land Council for approval.
86   Administration may follow plan failure
(1)  A failure by a Local Aboriginal Land Council to approve the same or another proposed community, land and business plan after a plan is referred to it by the New South Wales Aboriginal Land Council under section 85 (3) is, for the purposes of section 222 (1) (e), a substantial breach of the requirements of this Act.
(2)  A substantial failure by a Local Aboriginal Land Council to comply with its community, land and business plan is, for the purposes of section 222 (1) (e), a substantial breach of the requirements of this Act.
Note.
 The effect of a substantial breach is that an administrator may be appointed for the Local Aboriginal Land Council.