New South Wales Consolidated Acts

ABORIGINAL LAND RIGHTS ACT 1983 - SECT 52

52 Functions of Local Aboriginal Land Councils

(1) A Local Aboriginal Land Council has the functions conferred or imposed on it by or under this or any other Act.

(2) Land acquisition A Local 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 and to use, manage, control, hold 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 concerned,

(f) to make written applications to the New South Wales Aboriginal Land Council for the acquisition by the New South Wales Aboriginal Land Council of land on behalf of, or to be vested in, the Local Aboriginal Land Council,

(g) to make claims to Crown lands or to enter into Aboriginal Land Agreements.

(3) Land use and management A Local Aboriginal Land Council has the following functions in relation to land use and management--

(a) to consider applications to prospect or mine for minerals on the Council's land and to make recommendations to the New South Wales Aboriginal Land Council in respect of such applications,

(b) to protect the interests of Aboriginal persons in its area in relation to the acquisition, management, use, control and disposal of its land.

(4) Aboriginal culture and heritage A Local 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 the Council's area, subject to any other law,

(b) to promote awareness in the community of the culture and heritage of Aboriginal persons in the Council's area.

(5) Financial stewardship A Local Aboriginal Land Council has the following functions in relation to financial management and business planning--

(a) to prepare and implement, in accordance with this Act, a community, land and business plan,

(b) to manage, in accordance with this Act and consistently with its community, land and business plan, the investment of any assets of the Council,

(c) to facilitate business enterprises (including by establishing, acquiring, operating or managing business enterprises), in accordance with this Act and the regulations and consistently with its community, land and business plan.

(5A) Corporations A Local Aboriginal Land Council may establish, acquire, operate or manage the following--

(a) an Aboriginal and Torres Strait Islander corporation within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth,

(b) a company within the meaning of the Corporations Act 2001 of the Commonwealth.

(6) Other functions prescribed by regulations A Local Aboriginal Land Council has any other functions prescribed by the regulations.

Note : Under section 50 of the Interpretation Act 1987 , a Local 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. This provision is subject to the provisions of this Act.