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Contents (1983 - 42)
Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 23 November 2017 at 22:17)
Part 5 Division 7
Division 7 Changes to Local Aboriginal Land Councils and areas of Local Aboriginal Land Councils
87   Changes to Local Aboriginal Land Council areas
(1)  The Minister may, by order published in the Gazette, do any one or more of the following:
(a)  change the name of a Local Aboriginal Land Council area,
(b)  change the boundaries of a Local Aboriginal Land Council area,
(c)  amalgamate 2 or more Local Aboriginal Land Council areas and constitute the amalgamated area as a Local Aboriginal Land Council area,
(d)  without limiting paragraph (b) or (c), include the whole of the area of a Local Aboriginal Land Council within the area of one or more other Local Aboriginal Land Councils,
(e)  dissolve a Local Aboriginal Land Council.
(2)  If the Minister makes an order under subsection (1) (b), (c), (d) or (e), the Minister may, in the same order, specify the Councils to which members of existing Councils affected by the order may (with the members’ consent) be allocated, or a method of determining the allocation of members (with the members’ consent).
(3)  The Minister may make an order under subsection (1) only if the order concerned is permitted or required by or under this Act or the regulations.
(4)  The regulations may make provision of a savings or transitional nature consequent on the making of orders under this section, including (but not limited to) construing references to Local Aboriginal Land Council areas and Councils and elections for Boards of new Local Aboriginal Land Councils.
88   Effect of dissolution
On the day an order dissolving a Local Aboriginal Land Council takes effect, the Council ceases to exist and the Board members of the Council cease to hold office.
89   Transfer of assets, rights and liabilities
(1)  If the Minister makes an order under section 87 (1), the Minister may, after consulting with the New South Wales Aboriginal Land Council, by order in writing, direct that all or part of the assets, rights and liabilities be transferred to an Aboriginal Land Council specified in the order.
(2)  An order under this section may be subject to specified terms and conditions.
(3)  More than one order may be made in respect of the same assets, rights and liabilities following the making of an order referred to in subsection (1).
(4)  Schedule 3A has effect with respect to the transfer of assets, rights and liabilities under this section.
(5)  Words and expressions used in this section have the same meanings as they have in Schedule 3A.
(6)  Despite any other provision of this section, lands vested in a Local Aboriginal Land Council under Part 4A of the NPW Act vest in accordance with that Part.
Note.
 Part 4A of the NPW Act deals with lands reserved or dedicated under that Act that are vested in an Aboriginal Land Council or Councils and are leased by that Council or Councils to the Minister administering that Act.
(7)  An order under this section must, if the Aboriginal Land Council from which the assets, rights or liabilities are to be transferred under this section is a deductible gift recipient, provide for the transfer of the assets, rights or liabilities to an Aboriginal Land Council that is also a deductible gift recipient.
(8)  In this section, an Aboriginal Land Council is a deductible gift recipient if the Council is endorsed as a deductible gift recipient under the Income Tax Assessment Act 1997 of the Commonwealth.
90   Voluntary changes
(1)  The Minister may make an order under section 87 in relation to a Local Aboriginal Land Council area or a Local Aboriginal Land Council on application made by an Aboriginal Land Council or a person in accordance with the regulations.
(2)  For the purposes of this section, regulations may be made for or with respect to the following matters:
(a)  the persons who may apply for an order under section 87,
(b)  applications for the making of an order,
(c)  procedures for approval of applications,
(d)  the making of recommendations to the Minister with respect to proposals to change Local Aboriginal Land Council areas,
(e)  determination of applications,
(f)  the functions of the Registrar in relation to applications,
(g)  the lodging of objections against the refusal of applications,
(h)  the reference to the Court of any such objections and the hearing and determination of any such objections.
91   Changes on initiative of Minister
(1)  The Minister may make an order under section 87 in relation to a Local Aboriginal Land Council area or a Local Aboriginal Land Council if the Minister is satisfied that the Council:
(a)  has less than 50 voting members, or
(b)  has less than 3% of the potential members who reside in its area, as determined from the most recent available Australian census data, or
(c)  has a membership that is in significant decline, or
(d)  has not, for a period of not less than 3 months, been able to elect the required number of Board members, or
(e)  cannot pay its debts as and when they fall due, or
(f)  has had qualified audits or has failed to provide complete financial statements for any 3 of the last 5 years, or
(g)  has had an administrator appointed under this Act for any 3 of the last 5 years, or
(h)  is the subject of a report by an investigator or administrator under this Act, the New South Wales Aboriginal Land Council or the Local Aboriginal Land Council that has found that the Local Aboriginal Land Council has ceased to function, or
(i)  has had an administrator appointed for a period of 6 months on one or more grounds, including the ground that the Local Aboriginal Land Council had been operating a community benefits scheme for the provision or acquisition of residential accommodation for Aboriginal persons in its area and the scheme continues to operate in contravention of the requirement for approval of the New South Wales Aboriginal Land Council under section 52A.
Note.
 Section 52A (1A) provides that the approval of the New South Wales Aboriginal Land Council is not required if the Local Aboriginal Land Council is a registered Aboriginal housing organisation (within the meaning of the Aboriginal Housing Act 1998) or a registered community housing provider (within the meaning of the Community Housing Providers National Law (NSW)).
(2)  The Minister may take action on a ground specified subsection (1) (a)–(f) on the basis of a report by the Registrar.
(3)  The Minister may not make an order on a ground specified in subsection (1):
(a)  in the case of an order amalgamating one or more Local Aboriginal Land Councils—except with the consent of the Councils, or
(b)  in the case of an order including the area of a dissolved Local Aboriginal Land Council in the area of one or more other Councils—except with the consent of those other Councils.
92   Objections to Minister’s changes
(1)  Before taking action on a ground under section 91, the Minister must notify the following persons of the proposed action and of their rights under this section:
(a)  the New South Wales Aboriginal Land Council,
(b)  the Board of any Local Aboriginal Land Council affected,
(c)  the members of any such Council,
(d)  any investigator appointed to investigate the affairs of any such Council,
(e)  any administrator of any such Council.
(2)  A person notified of a proposed action may make submissions, within 21 days of being notified, to the Minister about the proposed action.
(3)  Before determining whether to take the action, the Minister must consider any submissions received under this section.