You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (1983 - 42)
Aboriginal Land Rights Act 1983 No 42
Current version for 3 April 2017 to date (accessed 19 November 2017 at 14:09)
Part 7 Division 2
Division 2 Functions of New South Wales Aboriginal Land Council
106   Functions of New South Wales Aboriginal Land Council
(1)  The New South Wales Aboriginal Land Council has the functions conferred or imposed on it by or under this or any other Act.
(2) Land acquisition The New South Wales 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 on its own behalf or on behalf of or to be vested in a Local Aboriginal Land Council and to use, manage, control, hold, transfer to a Local Aboriginal Land Council 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,
(f)  to make claims to Crown lands or enter into Aboriginal Land Agreements, either on its own behalf or, if requested by a Local Aboriginal Land Council, on behalf of that Council,
(g)  to compile and maintain a register of all land held by Local Aboriginal Land Councils and to make the information available on request to the members of the Council concerned.
(3) Oversight of Local Aboriginal Land Councils The New South Wales Aboriginal Land Council has the following functions in relation to Local Aboriginal Land Councils:
(a)  with the agreement of a Local Aboriginal Land Council, to manage any of the affairs of the Council,
(a1)  to assist and support Local Aboriginal Land Councils in exercising functions under this Act (including by the grant or loan of funds to Councils),
(b)  to assist Local Aboriginal Land Councils in complying with this Act in respect of the establishment and keeping of accounts and the preparation and submission of budgets and financial reports,
(c)  to assist Local Aboriginal Land Councils in the preparation and implementation of community, land and business plans,
(d)    (Repealed)
(e)  to assist Local Aboriginal Land Councils in conducting elections in accordance with this Act for Board members,
(f)  to determine and approve or disapprove of the terms and conditions of agreements proposed by Local Aboriginal Land Councils to allow mining or mineral exploration on land,
(g)  to mediate, conciliate and arbitrate disputes relating to the operation of this Act or the regulations between Aboriginal Land Councils, between those Councils and individuals and between individual members of those Councils and to refer such disputes to the Registrar or independent mediators, conciliators and arbitrators,
(h)  to approve land dealings by Local Aboriginal Land Councils.
(4) Policy and advice The New South Wales Aboriginal Land Council has the following functions in relation to policy and advice:
(a)  to advise the Minister on matters relating to Aboriginal land rights,
(b)  to prepare and implement policies relating to its functions under this Act and the functions of Local Aboriginal Land Councils under this Act.
(5) Administration of statutory accounts The New South Wales Aboriginal Land Council is to administer the New South Wales Aboriginal Land Council Account, the New South Wales Aboriginal Land Council Community Fund and the Mining Royalties Account established under this Act.
(6) Native title The New South Wales Aboriginal Land Council is to exercise the functions conferred or imposed, by the Commonwealth Native Title Act, on a representative Aboriginal/Torres Strait Islander body (within the meaning of that Act) if the Council is determined to be such a body by the relevant Commonwealth Minister under that Act.
(7) Aboriginal culture and heritage The New South Wales 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 New South Wales, subject to any other law,
(b)  to promote awareness in the community of the culture and heritage of Aboriginal persons in New South Wales.
(8) Financial stewardship The New South Wales Aboriginal Land Council has the following functions in relation to financial management and business planning:
(a)  to prepare and implement policies relating to community, land and business plans required to be adopted by Aboriginal Land Councils,
(b)  to prepare and implement, in accordance with this Act, a community, land and business plan,
(c)  to manage, in accordance with this Act, the investment of any assets of the Council,
(d)  to facilitate business enterprises (including by establishing, acquiring, operating or managing business enterprises), in accordance with this Act,
(e)  to grant funds for the payment of the costs and expenses of Local Aboriginal Land Councils (whether under funding agreements with Local Aboriginal Land Councils or otherwise).
(9) Other functions prescribed by regulations The New South Wales Aboriginal Land Council has any other functions prescribed by the regulations.
Note.
 Under section 50 of the Interpretation Act 1987, the New South Wales 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. That provision is subject to the provisions of this Act.
106A   Powers of New South Wales Aboriginal Land Council with respect to property
(1)  The New South Wales 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), the 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.
107   Training
(1)  The New South Wales Aboriginal Land Council is to provide or arrange training, in accordance with the regulations, for the purpose of developing the capacity of the following persons to exercise functions under this Act or the regulations:
(a)  councillors,
(b)  Board members,
(c)  members of staff of Aboriginal Land Councils.
(2)  The New South Wales Aboriginal Land Council is to prepare and implement a capacity development plan for the purposes of carrying out its functions under this section.
(3)  Regulations may be made for or with respect to requirements for a capacity development plan.
108   Community benefits schemes
(1)  The New South Wales Aboriginal Land Council has the following functions in relation to community benefits schemes:
(a)  directly or indirectly, to provide community benefits under community benefits schemes,
(b)    (Repealed)
(c)  to consider and approve the provision of community benefits schemes by or on behalf of Local Aboriginal Land Councils,
(d)  to make grants or lend money to, or invest money for or on behalf of, Aboriginal persons,
(e)  without limiting paragraph (a), to provide, acquire, construct, upgrade or extend residential accommodation for Aboriginal persons in the State,
(f)    (Repealed)
(g)  to maintain a register of approvals by the Council of community benefits schemes and to notify the Minister of any such approvals.
(2)  The New South Wales 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 Council, and
(c)  is consistent with the community, land and business plan of the Council, and
(d)  is fair and equitable and administered in a responsible and transparent way, and
(e)  will not prevent the Council from being able to meet its debts as and when they fall due.
(3)  The New South Wales Aboriginal Land Council may provide community benefits under a community benefits scheme to Aboriginal persons within the area of one or more Local Aboriginal Land Councils and may provide community benefits in conjunction with one or more Local Aboriginal Land Councils.
109   (Repealed)
110   Report on actions to increase membership of Local Aboriginal Land Councils
The New South Wales Aboriginal Land Council is to include in its annual report a report of the actions it has taken to increase the membership of Local Aboriginal Land Councils.
111   New South Wales Aboriginal Land Council’s 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 the New South Wales 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) NSWALC to report on certain arrangements The New South Wales Aboriginal Land Council must include, in the accounts and records of the Council under this Act and the regulations, details of any operations 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, the New South Wales Aboriginal Land Council must take reasonable steps to ensure that the Council will not be prevented from complying with the Council’s reporting obligations in relation to the 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 in connection with an arrangement to which this section applies the New South Wales Aboriginal Land Council must, if required to do so by any applicable policy of the New South Wales Aboriginal Land Council (or, if no such policy exists, by the regulations):
(a)  conduct a risk assessment with respect to the proposed transfer in accordance with any applicable policy of the Council (or, if no such policy exists, the regulations), and
(b)  obtain the approval of the councillors to the transfer.
(6)  A requirement under this section that a risk assessment be conducted, or that the approval of the councillors be obtained, in relation to the proposed transfer of land in connection with an arrangement to which this section applies, is in addition to the requirements of section 42D.
(7) Requirement for approval resolutions A resolution that approves the New South Wales Aboriginal Land Council’s proposed transfer or disposal of an asset or termination of an arrangement under this section must contain a statement identifying the purpose of the proposed action and any conditions to which the approval is subject.
(8) Approval of termination of certain arrangements The New South Wales Aboriginal Land Council may 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 councillors.
112   Duty of New South Wales Aboriginal Land Council not to transfer land or other assets to councillors, staff or consultants
(1)  The New South Wales 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 councillors 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 councillor, member of staff or consultant in accordance with this Act, or
(b)  the payment in good faith of remuneration to any such councillor, member of staff or consultant.
113   Policies relating to Aboriginal Land Council functions
(1)  The New South Wales Aboriginal Land Council may prepare and implement policies about the following matters:
(a)  the contents, preparation and approval of community, land and business plans of Local Aboriginal Land Councils,
(b)  land dealings by Aboriginal Land Councils, including the assessment and approval by the New South Wales Aboriginal Land Council of land dealings by Local Aboriginal Land Councils,
(b1)  the provision of amounts from the New South Wales Aboriginal Land Council Community Fund to Local Aboriginal Land Councils on the basis of need so as to increase resources and assets available for less advantaged Local Aboriginal Land Councils,
(c)  the management of investments by Local Aboriginal Land Councils,
(d)  the provision of training to members of staff, Board members and councillors,
(e)  community benefits schemes,
(f)  financial and reporting requirements for Aboriginal Land Councils, including any requirements for the verification and certification of accounts,
(g)  fees for assessments conducted by the Council,
(g1)  the entering into arrangements by Aboriginal Land Councils that include the formation, acquisition, operation or management of an entity (within the meaning of section 52C) for the purpose of exercising any of the Aboriginal Land Council’s functions under this Act (including providing a community benefits scheme),
(h)  any other matters prescribed by the regulations.
(2)  Without limiting subsection (1), a policy relating to community benefits schemes that provide residential accommodation is to include criteria for determining applications for approval that have been determined after consultation with the Aboriginal Housing Office.
(3)  The New South Wales Aboriginal Land Council must review all of its policies every 5 years.
(4)  The New South Wales Aboriginal Land Council must make copies of its policies publicly available.
114   Procedure for making policies
(1)  Before the New South Wales Aboriginal Land Council adopts a policy it must:
(a)  refer the policy to each Local Aboriginal Land Council for comment, and
(b)  consider any submissions made by any Local Aboriginal Land Council within 30 days of the referral of the policy, and
(c)  obtain the approval of the Minister to the policy.
(2)  A policy takes effect on its publication in the Gazette or on a later day specified in the policy.
(3)  A policy may be amended or revoked in the same way as a policy may be made.
115   New South Wales Aboriginal Land Council may give other Councils directions regarding certain matters
(1)  The New South Wales Aboriginal Land Council may give directions to Local Aboriginal Land Councils with respect to the following:
(a)  the form, contents and method of preparation of community, land and business plans,
(b)  the keeping of records (including records relating to land and other assets),
(c)  any other matters prescribed by the regulations.
(2)  A Local Aboriginal Land Council must comply with a direction given under this section.
(3)  A direction must not be inconsistent with this Act or the regulations or any applicable policy of the New South Wales Aboriginal Land Council.
116   Delegation by New South Wales Aboriginal Land Council
(1)  The New South Wales Aboriginal Land Council may delegate to the Chief Executive Officer or any other person or body (not including another member of staff of the Council) any of the functions of the Council, other than the following:
(a)  the administration of the New South Wales Aboriginal Land Council Account, the New South Wales Aboriginal Land Council Community Fund and the Mining Royalties Account established under this Act,
(b)  the granting of funds for the payment of the costs and expenses of Local Aboriginal Land Councils and advisory committees of the Council,
(c)  the acquisition of land on the Council’s behalf, or on behalf of a Local Aboriginal Land Council, and the transfer of such land to a Local Aboriginal Land Council and the disposal of, or otherwise dealing with, land vested in or acquired by the Council,
(d)  the negotiation of the acquisition by the Council, or by one or more Local Aboriginal Land Councils, of land of cultural significance to Aboriginal persons that is listed in Schedule 14 to the NPW Act and the lease of that land to the Minister administering that Act,
(e)  the negotiation of the lease by the Council, or by one or more Local Aboriginal Land Councils, of land to which section 36A applies to the Minister administering the NPW Act,
(f)  the determination and approval of terms and conditions of agreements proposed by Local Aboriginal Land Councils to allow mining or mineral exploration on land,
(f1)  approval under Division 4 of Part 2 of land dealings by Local Aboriginal Land Councils,
(g)    (Repealed)
(h)  advising the Minister on matters relating to Aboriginal land rights,
(i)  this power of delegation,
(j)  any function under this or any other Act that is expressly required to be exercised by resolution of the Council.
(2)  The New South Wales Aboriginal Land Council must, once every year, review all of its delegations.
117   Rules of the New South Wales Aboriginal Land Council
(1)  The purpose of this section is to provide rules for the New South Wales Aboriginal Land Council relating to the Council’s functions and operations.
(2)  The rules prescribed by the regulations as model rules are the rules for the New South Wales Aboriginal Land Council.
(3)  However, the New South Wales 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 the New South Wales 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)  The New South Wales Aboriginal Land Council’s rules may, with the approval of the Registrar, be amended, repealed or replaced from time to time.
(6)  The New South Wales 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.
118   Advisory committees
(1)  The New South Wales Aboriginal Land Council may from time to time appoint such advisory committees as the Council considers appropriate for the purpose of advising the Council, carrying out consultations with Aboriginal persons or facilitating discussion about issues arising under this Act.
(2)  An advisory committee has such functions as the Council may from time to time determine in respect of it.
(3)  An advisory committee consists of such persons appointed by the Council as the Council thinks fit.
(4)  A committee member holds office for such period as is specified in the instrument of appointment of the committee member, but any such appointment may be terminated by the Council at any time.
(5)  One of the committee members, in and by the instrument of appointment of the committee member, is to be appointed as chairperson of the committee.
(6)  The procedure for the calling of meetings of an advisory committee and for the conduct of business at those meetings is to be as determined by the Council or (subject to any determination of the Council) by the committee.
(7)  A committee member is entitled to be paid such travelling and other allowances as the Minister may from time to time determine in respect of the committee member.
119   Approvals
(1)  The New South Wales Aboriginal Land Council may impose conditions on any approval given by the Council under this Act.
(2)  Without limiting subsection (1), an approval may impose a time within which a condition must be complied with.
(3)  A Local Aboriginal Land Council must comply with the conditions of an approval given to the Council by the New South Wales Aboriginal Land Council.
(4)  The New South Wales Aboriginal Land Council may revoke an approval given by the Council under this Act.