Aboriginal Land Rights Act 1983

This clause applies to residential accommodation provided by Local Aboriginal Land Councils to Aboriginal persons that was provided immediately before the commencement of this clause (an existing social housing scheme).

A Local Aboriginal Land Council must not operate an existing social housing scheme on or after 31 December 2015, except in accordance with an approval of the New South Wales Aboriginal Land Council.

The New South Wales Aboriginal Land Council must not approve an existing social housing scheme unless it is satisfied that—

the scheme complies with this Act and the regulations, and

the scheme is consistent with any applicable policy of the New South Wales Aboriginal Land Council, and

the scheme is consistent with the community, land and business plan (if any) of the Local Aboriginal Land Council, and

the scheme is fair and equitable and will be administered in a responsible and transparent way, and

the income (including any subsidies and grants) from the existing social housing scheme is or will be sufficient to meet all the expenses of the scheme, including long term maintenance requirements, and

it has considered the impact of the scheme on the overall financial position of the Local Aboriginal Land Council.

The New South Wales Aboriginal Land Council may impose conditions on an approval under this clause.

Without limiting subclause (4), the New South Wales Aboriginal Land Council may make it a condition of an approval under this clause that the Local Aboriginal Land Council operate the existing social housing scheme by using the services of another body or agency, or with the assistance of another body or agency, approved by the New South Wales Aboriginal Land Council.

A Local Aboriginal Land Council that fails to obtain the approval of the New South Wales Aboriginal Land Council to operate an existing social housing scheme under this clause may, with the approval of that Council, enter into an agreement or other arrangement with another body or agency for that body or agency to operate the existing social housing scheme.

This clause ceases to apply on the repeal of section 52B by the Aboriginal Land Rights Amendment Act 2014.