Remaking of the Aboriginal Land Rights Regulation

28 August 2020

The Aboriginal Land Rights Regulation 2014 will be repealed and a new Aboriginal Land Rights Regulation 2020 will commence on 1 September 2020, as part of the NSW Government’s routine process to re-make all regulations.

The NSW Government sought public comments and submissions on Aboriginal Land Rights Regulation 2014 from 11 September to 9 October 2019.

In addition to changes that re-order sections and make stylistic updates, the following key changes have been made to Aboriginal Land Rights Regulation 2020:

IssueWhat has changed?Relevant clauses in the new regulation
Reduced threshold for land dealings requiring NSWALC approvalLocal Aboriginal Land Councils (LALCs) will no longer require NSWALC approval for development applications with an estimated cost of less than $500,000.
 
Board approval will still be required for these land dealings.
 
The change aims to reduce costs and onerous processes for LALCs for smaller land dealings.
 
Please note: Requirements relating to section 42 of the Aboriginal Land Rights Act still apply.
Clause 6
Certain land dealing applications don’t need to include a land valuationA land valuation will not be needed for a land dealing application in relation to a social housing management lease (within the meaning of section 42E of the Aboriginal Land Rights Act).Clause 8(3)
Extended timeframe for the constitution of LALC areasObjectors previously had 90 days to withdraw objections relating to the constitution of LALC areas. This has been increased to 120 days to allow additional time before the matter is referred to the Court.Clause 27
Modernised advertising methods for NSWALC & LALC meetings & staff vacanciesAdvertising in the specified publications can be via print or online formats.Clauses 46, 49, 50, 53

More information

The new Aboriginal Land Rights Regulation 2020 can be accessed by clicking here.

For any enquiries please contact the Strategy & Policy Unit on 02 9689 4444 or policy@alc.org.au.

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