Aboriginal Lands Act 1995

A person who held a lease or licence in respect of land in the 12 month period before that land was vested in the Council under section 27(1) and who is aggrieved by a decision of the Council– in respect of that lease or licence; or in respect of a further lease or licence; or to refuse to grant a further lease or licence– may appeal to the Commissioner within 14 days after the day on which the person is notified of the Council's decision on a review under section 28(3).

The Commissioner is to consult the Council before making a decision under this section.

At the hearing of an appeal, the Commissioner may– dismiss the appeal; or quash the decision of the Council and direct it to take such action as the Commissioner considers necessary.

If an appeal is brought in respect of the revocation or variation of a lease or licence, the Commissioner is to determine whether the revocation or variation takes effect pending the determination or abandonment of the appeal.

The Commissioner is to cause a copy of his or her decision in relation to an appeal under this section to be served on the parties to the appeal and, in the case of a lease which is registered under the Land Titles Act 1980 in respect of Aboriginal land, on the Recorder of Titles.

The Recorder of Titles may make any notations or amendments to the Register as the Recorder considers appropriate to give effect to the decision of the Commissioner.

The Council must comply with any directions given to it under this section.

The decision of the Commissioner on the hearing of an appeal under this section is final.

Subject to this section, an appeal to the Commissioner is to be heard and determined as prescribed.

In this section,Commissioner means the chairperson of the Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997.