Section 109 — (Repealed) — Aboriginal Land Rights Act 1983 (New South Wales) — Barrister AI

Cases LegislationBeta Notebook Research Briefs

Section 109 — (Repealed) — Aboriginal Land Rights Act 1983 (New South Wales) — Barrister AI

All legislation

NSWAct

Current

Official source Save

Held text is as at 11 Dec 2024. Later incorporated or unincorporated amendments may not yet appear.Check the official source before relying on current wording →

Ask a question about this ActPro

s 1Name of Act s 2Commencement s 3Purpose of Act s 4Definitions s 5-34C5–34C (Repealed)s 36Claims to Crown lands s 36AAAboriginal Land Agreements s 36ASpecial provision concerning certain Crown lands having nature conservation value s 36BSpecial provisions relating to Crown lands subject of land claim s 37Aboriginal lands in travelling stock reserves s 38Purchase, lease etc of property s 39Acquisition of land s 40Interpretation s 40AA-40D40AA–40D (Repealed)s 41Certificates—land vested in Aboriginal Land Councils s 42Restrictions on dealing with land subject to native title s 42ARestrictions on dealing with land reserved or dedicated under the NPW Act s 42BAppropriation or resumption of Aboriginal land s 42CLand dealings by Aboriginal Land Councils generally s 42DLand dealings by New South Wales Aboriginal Land Council s 42EApproval required for land dealings by Local Aboriginal Land Councils s 42FApplications for approval of LALC land dealings by NSWALC and assessment fees s 42GApproval of LALC land dealings by NSWALC s 42HReasons for refusal or conditions s 42IAssessment of dealings by expert advisory panels s 42IAAmendment of land dealing approvals s 42JRevocation of land dealing approvals s 42KCertificates for dealings by Local Aboriginal Land Councils s 42LReview of approval decisions s 42MRegistration of dealings and instruments s 42NCertain land dealing approval agreements to run with land s 42OEnforcement of land dealing approval agreements—registration prohibition notices s 42PEffect of registration prohibition notices s 42QInterpretation s 42RCommunity development levy payable for certain transactions s 42SCommunity development levy not payable on transactions between Councils s 42TAmount of community development levy s 42UPayment of community development levy amounts s 42UARefund of levy for cancelled transactions s 42VNSWALC payments may be waived s 42WRegulations s 42XRelationship with Taxation Administration Act 1996 s 43Exemption of Aboriginal lands from the payment of rates s 44Proceedings for non-payment of certain rates for Aboriginal lands barred s 44APayment of rates by NSW Aboriginal Land Council s 45Mineral rights and mining on Aboriginal land s 46Fees or royalties for mining on Aboriginal land s 47Agreements to permit hunting, fishing or gathering s 48Access permits may be issued by the Court s 49Constitution of Local Aboriginal Land Council areas s 50Constitution of Local Aboriginal Land Councils s 51Objects of Local Aboriginal Land Councils s 52Functions of Local Aboriginal Land Councils s 52ACommunity benefits schemes s 52AAPowers of Local Aboriginal Land Councils with respect to property s 52B(Repealed)s 52CLocal Aboriginal Land Councils’ responsibilities in relation to certain arrangements and transfers s 52DDuty of Aboriginal Land Council not to transfer land or other assets to Council members, Board members, staff or consultants s 52EDelegation of functions by Local Aboriginal Land Councils s 52FRules of Local Aboriginal Land Councils s 52GFunctions exercised by Council resolution s 52HMeetings of Local Aboriginal Land Councils s 53Membership of Local Aboriginal Land Councils s 54Local Aboriginal Land Council membership rolls s 55Aboriginal persons may be member of more than one Local Aboriginal Land Council s 56Nomination of voting area s 57Suspension of members from attending Council meetings s 57AInactive members s 58Removal of person’s name from membership roll s 59Updating and consolidation of membership rolls s 60Regulations concerning membership of Local Aboriginal Land Council and membership rolls s 61Local Aboriginal Land Councils to have Boards s 62Functions of Boards of Local Aboriginal Land Councils s 63Board members s 63ATerm of office of Board members s 63BEffect of appointment of administrator s 64Chairperson and Deputy Chairperson s 65Training for Board members s 66Grounds for disqualification from office s 66AException to disqualification—approved short-term work s 67Vacancy in office s 68Casual vacancy s 69NCAT may declare particular offices of Local Aboriginal Land Council vacant s 70(Repealed)s 71Effect of order declaring vacancy s 72Delegation by Boards s 78Staff s 78AChief executive officer s 78BCertain persons must not be employed as chief executive officers s 78CFilling of vacancy in position of chief executive officer s 79Certain persons must not be employed s 79AAdvertising vacancies s 80Appointments and promotion to be on merit s 81Consultants to be engaged on merit s 82Community, land and business plans s 83Matters covered by community, land and business plans s 84Approval of community, land and business plans s 85Chairperson may refer community, land and business plan to New South Wales Aboriginal Land Council s 86Administration may follow plan failure s 87Changes to Local Aboriginal Land Council areas s 88Effect of dissolution s 89Transfer of assets, rights and liabilities s 90Voluntary changes s 91Changes on initiative of Minister s 92Objections to Minister’s changes s 93Regions s 94-10394–103 (Repealed)s 104Constitution of NSW Aboriginal Land Council s 105Objects of New South Wales Aboriginal Land Council s 106Functions of New South Wales Aboriginal Land Council s 106APowers of New South Wales Aboriginal Land Council with respect to property s 107Training s 108Community benefits schemes s 109(Repealed)s 110Report on actions to increase membership of Local Aboriginal Land Councils s 111New South Wales Aboriginal Land Council’s responsibilities in relation to certain arrangements and transfers s 112Duty of New South Wales Aboriginal Land Council not to transfer land or other assets to councillors, staff or consultants s 113Policies relating to Aboriginal Land Council functions s 114Procedure for making policies s 115New South Wales Aboriginal Land Council may give other Councils directions regarding certain matters s 116Delegation by New South Wales Aboriginal Land Council s 117Rules of the New South Wales Aboriginal Land Council s 118Advisory committees s 119Approvals s 120ADefinitions s 120Membership of New South Wales Aboriginal Land Council s 121Election of councillors s 121ANSW Aboriginal Land Council to plan for administration of elections s 121BElections administered by Electoral Commissioner s 121CElections administered by electoral services provider s 122Timing of elections s 123Declaration of election s 124Councillors pending determination of disputed return s 125Method of disputing elections and returns s 126Procedure s 127Immaterial errors not to invalidate election s 128Decisions to be final s 129Chairperson and Deputy Chairperson s 130Role of councillors of NSW Aboriginal Land Council s 131Training for councillors s 132Grounds for disqualification from office s 132ALeave of absence for employees nominated to Council s 133Vacancy in office s 134Casual vacancy s 135NCAT may declare particular offices of New South Wales Aboriginal Land Council vacant s 136(Repealed)s 137Effect of order declaring vacancy s 137ACommunity, land and business plans s 137BMatters covered by plans s 137CApproval of community, land and business plans s 137DAdministration may follow plan failure s 138Chief Executive Officer s 138ACertain persons must not be employed as Chief Executive Officer s 139Functions of Chief Executive Officer s 140Attendance of Chief Executive Officer at meetings s 141Filling of vacancy in position of Chief Executive Officer s 141ADelegations by Chief Executive Officer s 142Staff organisation structure s 143Appointments and promotion to be on merit s 143AAdvertising vacancies s 144Certain persons must not be employed s 145Consultants to be engaged on merit s 149NSW Aboriginal Land Council Account s 149ANSW Aboriginal Land Council Community Fund s 150Preservation of NSW Aboriginal Land Council assets s 151(Repealed)s 152Local Aboriginal Land Council Accounts s 152AApplication s 152BDefinitions s 152CBudget of NSW Aboriginal Land Council s 152DAccounts and records s 152EFinancial statements s 152FAnnual reporting information s 152GPublication of annual reporting information s 152HReports relating to funding of Local Aboriginal Land Councils s 153Local Aboriginal Land Councils to keep accounts s 154(Repealed)s 155Local Aboriginal Land Councils may request special auditor s 156Financial year of Aboriginal Land Councils s 157(Repealed)s 158Budget of Local Aboriginal Land Councils s 159(Repealed)s 160NSW Aboriginal Land Council may give other Councils directions regarding accounting s 161Annual reports s 162Funding agreements s 163(Repealed)s 164Appointment of Registrar s 165Functions of Registrar s 165AARegistrar to report on exercise of functions s 165ADelegation s 166Register of Aboriginal Land Claims s 167Contents of Register of Aboriginal Land Claims s 168Registrar may request information from Crown Lands Minister s 169Regulations may provide for public inspection of Register s 170Register of Aboriginal Owners s 171Contents of Register of Aboriginal Owners s 172Requests for entry of names in Register s 173Requests for opening of parts of Register of Aboriginal Owners s 174Rectification of Register s 175Reference by Registrar to Land and Environment Court s 176Definitions s 177Preparation of codes of conduct s 178Dismissal provisions s 179Model code of conduct s 180Prescribed code of conduct s 181Amendment and replacement s 182Breach of dismissal provision s 183General duties s 184Pecuniary interests s 185Duty of officers and staff to disclose pecuniary interests s 186General disclosure s 187Duty of consultants to disclose pecuniary interests s 188Definitions s 189Formal censure for misconduct s 190Complaints s 191Investigations s 192Decision not to investigate complaint s 193Decision to investigate s 194Decision to terminate investigation s 195Suspension during investigation s 196Registrar may take disciplinary action s 197Disciplinary action against officer s 198Disciplinary action against member of staff s 199Appeals against disciplinary action by Registrar s 200Referral of matters to Tribunal s 201Suspension pending Tribunal determination s 202Other proceedings or actions not affected s 203Definitions s 204Tribunal to decide whether or not to conduct proceedings s 205Circumstances in which Tribunal may dispense with hearing s 206Suspension during Tribunal consideration s 207Decision of Tribunal s 208Additional complaints and allegations s 209Referral of matters by Tribunal s 216Appointment of investigator into Aboriginal Land Councils s 217Contents of investigator’s instrument of appointment s 218Aboriginal Land Councils to assist investigators s 219Investigator to report s 220Minister may extend term of office of investigator s 221Minister may remove an investigator s 221AProvision of information to Registrar and New South Wales Aboriginal Land Council s 221BPrivilege s 222Administrators—Local Aboriginal Land Councils s 223Administrators—New South Wales Aboriginal Land Council s 223ANotice of appointment of administrator s 223BInterim actions pending appointment of administrator s 224Contents of administrator’s instrument of appointment s 225Certain persons ineligible to be administrators s 226Removal of office holders on appointment of administrator s 227Officers to assist administrator s 228Administrator of an Aboriginal Land Council may call meetings s 229Administrator to report monthly s 230Limitations on certain land dealings by administrator s 231Minister may amend instrument of appointment of administrator s 232Minister may remove administrator s 233Failure of NSW Aboriginal Land Council to function s 234(Repealed)s 234APerformance improvement orders s 234BCompliance with performance improvement order s 234CCompliance report s 234DAppointment of advisors s 234ECo-operation with advisor s 235Registrar may issue compliance directions s 236Registrar may refer failure to comply to Court s 237Court to determine compliance matters s 238Application of Part s 239Mediation, conciliation or arbitration of disputes by NSW Aboriginal Land Council s 239ACompulsory mediation of land dealing application disputes s 240Application of Commercial Arbitration Act 2010 s 241Reference of disputes to Court s 242Exclusion of personal liability s 243Delegation s 243AEffect of suspension of Board members and councillors s 244Service of documents s 245Execution of documents s 246Proof of certain matters not required s 246ACorrection of errors in documents s 247Aboriginal Land Councils not statutory bodies representing the Crown s 248Aboriginal Land Councils to be public authorities etc for certain purposes s 248ASearch warrants s 248BInjunctions s 249Proceedings for offences s 249AOffences by corporations s 250Establishment of new Local Aboriginal Land Councils s 251(Repealed)s 252Regulations s 252AReview of Act s 253Savings, transitional and other provisions s 1Term of office s 2Remuneration s 3Registrar a statutory officer and not Public Service employee s 4Vacancy in office s 5Removal from office s 6Superannuation and leave—preservation of rights s 1Frequency of meetings s 2General procedure s 3Quorum s 4Presiding member s 5Voting s 6Minutes s 1Frequency of meetings s 2General procedure s 3Quorum s 4Presiding member s 5Voting s 6Transaction of business outside meetings or by electronic means s 7Authentication of documents s 8First meeting s 9Minutes s 1Frequency of meetings s 2General procedure s 3Quorum s 4Presiding member s 5Voting s 5ATransaction of business outside meetings or by electronic means s 6Minutes s 1Definitions s 2Vesting of undertaking in transferee s 3Operation of Schedule s 4Date of vesting s 5Consideration for vesting s 6Duties s 7Transfer of interest in land s 8Determinations of Minister for purposes of orders s 9Confirmation of vesting s 1Definitions s 1ASavings and transitional regulations s 2Transfer of certain property etc of the former Trust s 3Transfer of certain property etc of the former Corporation s 4Effect of certain acts etc of the former Trust and the former Corporation s 5Transfer of certain assets, debts and liabilities of the former Trust and the former Corporation s 6Vesting of certain assets etc referred to in clause 5 s 7Construction of certain references s 8Claimable Crown lands s 9Existing contracts of employment s 9AFunding of acquisition of certain land s 10Definitions s 11Vesting of property in NSW Aboriginal Land Council s 12Claims to Crown lands made by Regional Aboriginal Land Councils s 13Mining Royalties Account s 14Election of members of the NSW Aboriginal Land Council s 15Interim arrangements s 15ASaving of certain directions s 16Definitions s 17Extension of certain provisions to claims to Crown lands s 18Definition s 19Local and Regional Aboriginal Land Council areas s 20Aboriginal Land Councils s 21Existing officers of Aboriginal Land Councils s 22Existing members of staff of Aboriginal Land Councils s 23Existing industrial agreements s 24Membership rolls s 25Registrar s 26Chief Executive Officer of New South Wales Aboriginal Land Council s 27Register of Aboriginal Owners s 28Persons who are members of more than one Local Aboriginal Land Council s 29References to exemptions of Aboriginal lands from payment of rates s 30Changing of financial year s 31Aboriginal Land Councils Accounts s 32Delegations s 33Regulations s 34Rules of Court s 35Definitions s 36Gandangara Estate—deemed compliance with ss 40B and 40D s 37Validation s 38Certificate evidence s 39Notice of contravention s 40Definition s 41Existing officers of Local Aboriginal Land Councils s 42First elections of Boards of Local Aboriginal Land Councils s 43First meetings s 44Regional Aboriginal Land Councils s 45Existing social housing s 46Other existing community benefits s 47Preparation of community, land and business plans s 48References to Aboriginal Land Councils Pecuniary Interest Tribunal s 49Remuneration of investigators and administrators s 50Definitions s 51Existing land dealings s 52Registration approval provisions to apply to existing dealings s 53Application of community development levy provisions to existing land dealings s 54Existing residential tenancy agreements s 55Definition s 56Existing employment of staff members s 57Appeals from decisions of Administrative Decisions Tribunal s 58Community development levy s 59Definition s 60Existing social housing schemes s 61Existing corporations established by Local Aboriginal Land Councils s 62Definition s 63Amendment of land dealing approvals s 64Refund of levy for cancelled transactions

Section Whole Act

Back114 / 392Forward

109

(Repealed)

Repealed

109 (Repealed)

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

Previouss 108Community benefits schemes Nexts 110Report on actions to increase membership of Local Aboriginal Land Councils