New South Wales Repealed Regulations

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This legislation has been repealed.

ABORIGINAL LAND RIGHTS REGULATION 2014

- Made under the Aboriginal Land Rights Act 1983
- As at 24 June 2020
- Reg 553 of 2014

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - PROVISIONS RELATING TO LAND

   4.      Exemption of Aboriginal lands from the payment of rates
   5.      Disposition of mining royalties (section 46)
   6.      Form of application for access permit (hunting, fishing or gathering)

   PART 3 - LOCAL ABORIGINAL LAND COUNCILS

           Division 1 - Manner of constitution

   7.      Application for constitution of an area as a Local Aboriginal Land Council area
   8.      Notification of application for constitution of an area as a Local Aboriginal Land Council area
   9.      Objections to proposal to constitute an area as a Local Aboriginal Land Council area
   10.     Consideration of objections by New South Wales Aboriginal Land Council
   11.     Registrar's recommendation
   12.     Court's recommendation
   13.     Court may review recommendation of the Registrar
   14.     Limitations on areas that may be constituted as Local Aboriginal Land Council areas
   15.     Determination of applications for constitution of an area as a Local Aboriginal Land Council area

           Division 2 - Alterations of boundaries or names and amalgamations

   16.     Alteration of boundaries or dissolution of Local Aboriginal Land Council area
   17.     Change of name of Local Aboriginal Land Council area
   18.     Amalgamation of, and inclusion in, Local Aboriginal Land Council areas
   19.     Transition after boundary change, amalgamation or inclusion

           Division 3 - Board members

   20.     Number of Board members for Council having more than 100 voting members
   21.     Number of Board members for Council having 100 or fewer voting members
   22.     Election of Board members
   23.     Conduct of ballots for Board members
   24.     Assistance to certain electors
   25.     Counting of votes
   26.     Elections to fill casual vacancies
   27.     Elections for Chairperson and Deputy Chairperson of Board
   28.     Decisions of returning officer
   29.     Retention of electoral papers
   30.     Training requirements for Board members

           Division 4 - Meetings

   31.     Meetings of Local Aboriginal Land Councils
   32.     Notice of meetings

           Division 5 - Miscellaneous

   33.     Local Aboriginal Land Council membership rolls (section 60)
   34.     Model rules
   35.     Community, land and business plans
   36.     Staff vacancies

   PART 4 - NEW SOUTH WALES ABORIGINAL LAND COUNCIL

           Division 1 - Calling of election of councillors of New South Wales Aboriginal Land Council

   37.     Notice of election of New South Wales Aboriginal Land Council
   38.     Certification of roll
   39.     Calling for nominations
   40.     Extension of time
   41.     Officers to assist returning officer
   42.     Manner of nominating candidates
   43.     Rejection of nomination
   44.     Return of deposit
   45.     Withdrawal of nomination
   46.     Uncontested election
   47.     Contested election

           Division 2 - Ballot-papers

   48.     Order of candidates' names on ballot-papers
   49.     Printing of ballot-papers
   50.     Directions to electors

           Division 3 - Postal voting

   51.     Applications to vote by post
   52.     Distribution of postal ballot-papers
   53.     Duplicate postal ballot-papers
   54.     Postal voting procedure
   55.     Preliminary scrutiny of postal votes and transmission to regional electoral officer

           Division 4 - Voting at polling places

   56.     Appointment of polling places
   57.     Arrangements at polling places
   58.     Hours of polling
   59.     Questions to be put to voter
   60.     Questions for challenged voters
   61.     Errors not to forfeit vote
   62.     Initialling of ballot-papers and marking of rolls
   63.     Recording of vote
   64.     Spoilt ballot-papers
   65.     Assistance to certain electors
   66.     Voting procedure--disputed votes

           Division 5 - The scrutiny

   67.     Scrutineers
   68.     Scrutiny of votes at close of poll
   69.     Informal ballot-papers
   70.     Transmission of ballot-papers by deputy electoral officers to regional electoral officers
   71.     Counting of votes
   72.     Candidates to be informed of result of count
   73.     Recount
   74.     Returning officer to be advised of result

           Division 6 - Miscellaneous electoral provisions

   75.     Signature to electoral paper
   76.     Death of candidate
   77.     Decisions of returning officer
   78.     Notification of result of election
   79.     Retention of electoral papers
   80.     Offences
   81.     Advertising by New South Wales Electoral Commission

           Division 7 - Casual vacancies

   82.     Casual vacancy to be filled

           Division 8 - Meetings

   83.     Annual meetings of New South Wales Aboriginal Land Council
   84.     Meeting place
   85.     Notice of meetings

           Division 9 - Miscellaneous

   86.     Model rules
   87.     Community, land and business plans
   88.     Staff vacancies
   89.     Training requirements for councillors

   PART 5 - FINANCE

   90.     Investment of money in New South Wales Aboriginal Land Council Account (section 149(5))
   91.     Investment of money in Local Aboriginal Land Council Accounts (section 152)
   92.     Auditors
   93.     Documents to be furnished to New South Wales Aboriginal Land Council

   PART 6 - HONESTY AND DISCLOSURE OF INTERESTS

   94.     Codes of conduct (section 177(6))

   PART 7 - ADMINISTRATION OF COUNCILS AND PERFORMANCE IMPROVEMENT ORDERS

           Division 1 - Administration of Councils

   95.     Functions that may be exercised by administrator or interim administrator
   95A.    List of Administrators for Local Aboriginal Land Councils
   96.     Election of Board members after administration (LALCs)
   97.     Election of councillors after administration (NSWALC)

           Division 2 - Performance improvement orders

   97A.    Performance improvement criteria

   PART 8 - DISPUTE RESOLUTION

   98.     Application of Commercial Arbitration Act 2010 to arbitrations under the Act

   PART 9 - LAND DEALINGS

           Division 1 - Approval of land dealings

   99.     Interpretation
   100.    Form of certificates
   101.    Notice of meetings of LALCs
   102.    Applications for approval of land dealings
   103.    Approval application fees
   104.    Application assessment fees
   105.    Application procedures
   106.    Register of members for expert advisory panels
   107.    Expert advisory panels
   108.    Assessments and reports by expert advisory panels
   109.    Pecuniary interests in land dealings

           Division 2 - Community development levy and New South Wales Aboriginal Land Council Community Development Fund

   110.    Amount of community development levy
   111.    Transactions to which community development levy does not apply
   112.    Periods within which community development levy payable
   113.    Application of Duties Act 1997
   114.    Interim payment of duty

   PART 10 - MISCELLANEOUS

   115.    Certain information on land register to be made available
   116.    Delegation by Registrar
   117.    Copies of minutes to be made available in certain circumstances
   118.    Savings
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           Schedule 6 (Repealed)
           SCHEDULE 7


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