New South Wales Consolidated Regulations

ABORIGINAL LAND RIGHTS REGULATION 2020

- Made under the Aboriginal Land Rights Act 1983
- As at 27 February 2024
- Reg 466 of 2020

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - LAND DEALINGS AND LAND RIGHTS

           Division 1 - Approval of land dealings

   4.      Interpretation
   5.      Form of certificates
   6.      NSWALC approval not required for certain LALC land dealings
   7.      Notice of meetings of Local Aboriginal Land Councils
   8.      Applications for approval of land dealings
   9.      Application assessment fees
   10.     Application procedures
   11.     Register of members for expert advisory panels
   12.     Expert advisory panels
   13.     Assessments and reports by expert advisory panels
   14.     Pecuniary interests in land dealings

           Division 2 - Community development levy

   15.     Amount of community development levy
   16.     Periods within which community development levy payable
   17.     Application of Duties Act 1997
   18.     Interim payment of duty

           Division 3 - Miscellaneous

   19.     Exemption of Aboriginal lands from the payment of rates
   20.     Disposition of mining royalties
   21.     Application for access permit for hunting, fishing or gathering

   PART 3 - LOCAL ABORIGINAL LAND COUNCILS

           Division 1 - Constitution of Local Aboriginal Land Council area

   22.     Application for constitution of Local Aboriginal Land Council area
   23.     Notification of application for constitution of Local Aboriginal Land Council area
   24.     Objections to proposal to constitute Local Aboriginal Land Council area
   25.     Consideration of objections by New South Wales Aboriginal Land Council
   26.     Registrar's recommendation
   27.     Court's recommendation
   28.     Court may review recommendation of the Registrar
   29.     Limitations on constitution of Local Aboriginal Land Council areas
   30.     Determination of applications for constitution of Local Aboriginal Land Council area

           Division 2 - Alterations of names or boundaries and amalgamations

   31.     Alteration of boundaries or dissolution of Local Aboriginal Land Council area
   32.     Change of name of Local Aboriginal Land Council area
   33.     Amalgamation of and inclusion in Local Aboriginal Land Council areas
   34.     Transition after boundary change, amalgamation or inclusion

           Division 3 - Board members

   35.     Number of Board members for Council having more than 100 voting members
   36.     Number of Board members for Council having 100 or fewer voting members
   37.     Election of Board members
   38.     Conduct of ballots for Board members
   39.     Assistance to certain electors
   40.     Counting of votes
   41.     Elections to fill casual vacancies
   42.     Elections for Chairperson and Deputy Chairperson of Board
   43.     Decisions of returning officer
   44.     Retention of electoral papers
   45.     Training requirements for Board members

           Division 4 - Miscellaneous

   46.     Meetings
   47.     Local Aboriginal Land Council membership rolls
   48.     Community, land and business plans
   49.     (Repealed)

   PART 4 - NEW SOUTH WALES ABORIGINAL LAND COUNCIL

   50.     Meetings
   51.     Casual vacancy to be filled
           52, 53. (Repealed)
   54.     Training requirements for councillors

   PART 5 - ELECTION OF NEW SOUTH WALES ABORIGINAL LAND COUNCIL COUNCILLORS

           Division 1 - Preliminary

   55.     Notice of election of New South Wales Aboriginal Land Council
   56.     Certification of roll
   57.     Regional electoral officers and deputy electoral officers to assist returning officer--the Act, s 121(2)
   57.     Officers to assist returning officer

           Division 2 - Nominations

   58.     Calling for nominations
   59.     Extension of time
   60.     Manner of nominating candidates
   61.     Rejection of nomination
   62.     Return of deposit
   63.     Withdrawal of nomination
   64.     Uncontested election
   65.     Contested election

           Division 3 - Ballot-papers

   66.     Order of candidates' names on ballot-papers
   67.     Printing of ballot-papers
   68.     Directions to electors

           Division 4 - Postal voting

   69.     Applications to vote by post
   70.     Distribution of postal ballot-papers
   71.     Spoilt postal ballot-papers
   72.     Postal voting procedure
   73.     Preliminary scrutiny of postal votes and transmission to regional electoral officer

           Division 5 - Voting at polling places

   74.     Appointment of polling places
   75.     Arrangements at polling places
   76.     Hours of polling
   77.     Questions to be put to voter
   78.     Questions for challenged voters
   79.     Errors not to forfeit vote
   80.     Initialling of ballot-papers and marking of rolls
   81.     Recording of vote
   82.     Spoilt ballot-papers
   83.     Assistance to certain electors
   84.     Procedure for disputed votes

           Division 6 - The scrutiny

   85.     Scrutineers
   86.     Scrutiny of votes at close of poll
   87.     Informal ballot-papers
   88.     Ballot-papers to be provided to regional electoral officer
   89.     Counting of votes
   90.     Candidates to be informed of result of count
   91.     Recount
   92.     Returning officer to be advised of result

           Division 7 - Miscellaneous

   93.     Signature on electoral papers
   94.     Death of candidate
   95.     Decisions of returning officer
   96.     Notification of result of election
   97.     Retention of electoral papers
   98.     Offences
   99.     Advertising by New South Wales Electoral Commission

   PART 6 - FINANCE

   100.    Investment of money in New South Wales Aboriginal Land Council Account
   101.    Investment of money in Local Aboriginal Land Council Accounts
   102.    Auditors
   103.    Documents to be furnished to New South Wales Aboriginal Land Council

   PART 7 - ADMINISTRATION OF COUNCILS

   104.    Functions that may be exercised by administrator or interim administrator
   105.    List of administrators for Local Aboriginal Land Councils
   106.    Election of Local Aboriginal Land Council Board members after administration
   107.    Election of New South Wales Aboriginal Land Council councillors after administration

   PART 8 - MISCELLANEOUS

   108.    Performance improvement criteria
   109.    Application of Commercial Arbitration Act 2010 to arbitrations under the Act
   110.    Certain information on land register to be made available
   111.    Delegation by Registrar
   112.    Copies of minutes to be made available in certain circumstances
   113.    Savings
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5