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DRAFT LAND DEALINGS POLICY

As Local Aboriginal Land Councils (LALCs) are aware recent amendments to the land dealing provisions of the Aboriginal Land Rights Act (1983) are due to come into force on March 31, 2010.

The new provisions will make fundamental changes to the way LALCs are required to go about land dealing proposals and subsequent approval processes required from NSWALC.

In readiness for the introduction of these new provisions the New South Wales Aboriginal Land Council (NSWALC) approved the attached NSWALC Draft Land Dealings Policy for distribution to the Local Aboriginal Land Council network.

As LALCs would be aware Section 113(b) of the ALRA states that NSWALC may prepare and implement policies about land dealings by Aboriginal Land Councils, including assessment and approval of land dealings.

Section 114 states that before NSWALC can adopt such a policy it must:

• (a) refer the policy to each Local Aboriginal Land Council for comment, and
• (b) consider any submissions made by any Local Aboriginal Land Council within 30 days of referral of the policy.

It must subsequently obtain the approval of the Minister to the policy.

Such a policy does not take effect until its publication in the Government Gazette or on a later day specified in the policy.

A copy of the policy and supporting documents are being sent by way of registered post on January 4, 2010 to each Local Aboriginal Land Council.

The deadline for LALCs to provide comment will be February 19, 2010.

A background briefing on the draft policy and the new land dealing provisions together with a range of fact sheets (below) are available for the information of all LALCs.

Fact Sheets

1. Why is the ALRA changing
2. Changes for LALCs
3. Changes for NSWALC
4. Changes for Developers
5. Two certificate process
6. Indefeasibility of Title
7. Expert Panel
8. Community Development Levy
9. Community Development Levy use
10. Process before issuing a registration approval certificate
11. Conditions on Approvals
12. Review of NSWALC Decisions
13. Feasibility Study & Business Plan
14. Methods of Sale of Land
15. Valuation of LALC Land
16. Transfer of Aboriginal Land Council assets under ALRA 1983 (NSW) 
17. Disclosure of Pecuniary Interest under ALRA 1983 (NSW)
    

The NSWALC welcomes comments on the Land Dealings Policy from Local Aboriginal Land Councils.

If you wish to provide comments or discuss the policy please contact:

Clare McHugh
Ph: (02) 9689 4522
Fax: (02) 9689 4505
Email: Clare.McHugh@alc.org.au

A number of Land Dealing Policy Workshops are planned for the network in early 2010. Further advice will be provided to the network on these matters in early January 2010.