AGY-1731 | NSW Aboriginal Land Council

Full description

The New South Wales Aboriginal Land Council was established under the NSW Aboriginal Land Rights Act 1983 (Act No. 42, 1983) (1). When the Act received its assent on 4 May 1983 it repealed the Aborigines Act 1969 (Act No. 8, 1969) and most of the amending act of 1973. The NSW Aboriginal Land Rights Act 1983, had its beginnings in a recommendation of the Select Committee Report Upon Aborigines, 1980. The Committee included representatives of all political parties and was headed by Maurie Keane, MP. A key recommendation of the Report was that Aboriginal Land Rights was fundamental to Aboriginal self-determination and autonomy, and the economic base needed for Aboriginal self-management depended on providing a viable land base. (2)

The Aboriginal Land Council was established on 10 June 1983 as a non-Government statutory corporation under the NSW Minister for Aboriginal Affairs. Its purpose was to acquire, manage, and develop land to meet the social, spiritual and economic needs of the Aboriginal people of NSW. (3) Under Part 3 of the NSW Aboriginal Land Rights Act 1983, the Council was to be funded each year by 7.5 per cent of land tax revenue. This funding would end in 1998 by which time the Land Council would be self funding. The Act established a three-tier system of councils in an attempt to achieve a high degree of participation and involvement by every Aboriginal person in the affairs of their local community. The system consisted of:
* the NSW Aboriginal Land Council; consists of one delegate from each Regional Council.
* Regional Aboriginal Land Councils (RALCs); consists of two delegates from each Local Aboriginal Land Council in the Region. In 1997, there were 13 Regional Councils.
* Local Aboriginal Land Councils (LALCs); consists of all adult Aborigines in a local area wanting to be members. By 1997, the number of LALCs had increased from 113 to 117.

The NSW Aboriginal Land Council consists of an elected Council of 13 members who in turn elect a chairperson, secretary, and treasurer; the Secretariat; Internal Audit; and the Executive Director. Administration of the Council is the responsibility of the Executive Director who oversees the activities of the following units: executive section, financial control, administration, human resources, land rights, native title, and field liaison. The NSW Aboriginal Land Council's functions are to oversee and support the operations of all Aboriginal Land Councils in NSW. This involved:
* administering the NSW Aboriginal Land Council Account into which is paid an amount of monies from Consolidated Revenue which in 1997 was equivalent to 7.5 percent of the NSW Land Tax annually. Part of this money is invested while the remaining funds are used to meet the expenditure costs of running all Aboriginal land councils in NSW;
* granting funds for payment of the administrative costs and expenses of Regional and Local Aboriginal Land Councils; acquiring land on its own behalf or on behalf of or to be invested in a Local Aboriginal Land Council;
* determining and approving the terms and conditions of agreement proposed by Local Aboriginal Land Councils to allow mining or mineral exploration on Aboriginal land;
* managing the affairs of a land council; if that council agrees this is necessary;
* ensuring Regional and Local Land Councils comply with the Act. (4)

The Aboriginal Land Rights Act, 1983 abolished the Aboriginal Lands Trust and transferred the Trust's property to the Minister for Aboriginal Affairs pending their eventual transfer to the relevant Land Council. The Aboriginal Lands Trust was incorporated by the Aborigines (Amendment) Act 1973 (Act No. 35, 1973) for the purpose of vesting in the Aboriginal people the title to lands classified as Aboriginal Reserves in New South Wales. (5)

The Aboriginal Land Rights (Amendment) Act, 1990 (Act No. 60, 1990) increased the Land Councils functions by giving it a statutory role as 'adviser' to the Government on Land Rights. Amendments to the Act also gave Local Land Councils power to manage their own affairs with advice from Regional Councils, allowing them to sell, mortgage or lease land that was not of cultural significance with the consent of the majority of members and the NSWALC. (6) The amendments effectively handed back control to the Local Land Councils, allowing them to take care of their own affairs at a local level. This usually involved assisting local Aboriginal people with housing, legal, and other day-to-day matters. The Aboriginal Land Rights (Amendment) Act 1990 altered the composition of the Aboriginal Land Council to one full-time Aboriginal councillor for each regional land council area. Councillors were elected by the regional land councils from their membership. The Amending Act listed the functions, rules and procedures of the Aboriginal Land Council and of the Regional Councils, set procedures for the disposal of land and regulated the finances of the Council. Amendments to the financial accountability of the Land Council provided for a more centralised structure and greater financial accountability. (7)

The responsibilities of the Aboriginal Land Council are affected by a range of legislation. The Native Title (New South Wales) Amendment Act 1998 amended the Native Title (New South Wales) Act, 1994 after the enactment of the Commonwealth's Native Title Amendment Act, 1998. In 1998, the Aboriginal Housing Act repealed Section 56 of the Aboriginal Land Rights Act, 1983, to allow the Housing Commission to acquire land for the purpose of housing Aborigines. The National Parks and Wildlife Amendment (Aboriginal Ownership) Act 1996 (No. 142, 1996) was introduced to provide for the grant of certain land claims subject to lease, and reservation or dedication, of the land under the National Parks and Wildlife Act 1974 (No.142, 1996) (NPW Act). (8)

The NSW Aboriginal Land Council was the responsibility of the portfolio for Aboriginal Affairs until 25 March 1988 when the portfolio was abolished upon the election of the Greiner Government. Responsibility for the Aboriginal Land Council was transferred to the Premier. Although an Office of Aboriginal Affairs was established in the Premier's Department to advise the government on policy and programs for Aborigines and to evaluate the services provided to them, it was unrelated to the Council which continued to report directly to the Premier. On 26 May 1993, the portfolio of Aboriginal Affairs was re-established and responsibility for the NSW Aboriginal Land Council was transferred from the Premier to the re-established portfolio. Although the Council was a statutory body within the Ministry for Aboriginal Affairs, the Land Council continued to submit its annual report directly to the Premier rather than the Minister for Aboriginal Affairs. (9)

In 1993, the NSW Aboriginal Land Council was nominated by the NSW Government to act as the State's representative body on Native Title issues under section 202 of the Commonwealth Native Title Act.

On 25 October 2002 the Aboriginal Land Rights Amendment Act 2001 (Act No.118, 2001) amended the Aboriginal Land Rights Act 1983. The New South Wales Aboriginal Land Council was reconstituted under section 104 as a body corporate with the corporate name of the New South Wales Aboriginal Land Council. The amended objects of the New South Wales Aboriginal Land Council were: (a) to improve, protect and foster the best interests of Aboriginal persons within New South Wales, and (b) to relieve poverty, sickness, suffering, distress, misfortune, destitution and helplessness of Aboriginal persons within New South Wales. (10)

From 25 October 2002, the amended functions of the New South Wales Aboriginal Land Council were: (a) to administer the New South Wales Aboriginal Land Council Account and the Mining Royalties Account established under this Act, (b) to grant funds for the payment of the costs and expenses of Local and Regional Aboriginal Land Councils (whether under funding agreements with Local and Regional Aboriginal Land Councils or otherwise), (c) to acquire land on its own behalf or on behalf of or to be vested in a Local Aboriginal Land Council and to transfer land acquired on behalf of a Local Aboriginal Land Council to such a Council, (d) to negotiate the acquisition by the Council or by one or more Local Aboriginal Land Councils of lands of cultural significance to Aboriginal persons that are listed in Schedule 14 to the NPW Act and the lease of those lands to the Minister administering that Act, (e) to submit proposals to the Director-General of National Parks and Wildlife for the listing in that Schedule of other lands of cultural significance to Aboriginal persons that are reserved or dedicated under the NPW Act, (f) to negotiate the lease by the Council or by one or more Local Aboriginal Land Councils of lands to which section 36A applies to the Minister administering the NPW Act, (g) to determine and approve or disapprove of the terms and conditions of agreements proposed by Local Aboriginal Land Councils to allow mining or mineral exploration on land, (h) to make claims to Crown lands, either on its own behalf or, if requested by a Local Aboriginal Land Council, on behalf of that Council, (i) with the agreement of a Local Aboriginal Land Council, to manage any of the affairs of that Council, (j) to mediate, conciliate and arbitrate disputes relating to the operation of this Act between Aboriginal Land Councils, between those Councils and individuals, or between individual members of those Councils and to refer such disputes to the Registrar or independent mediators, conciliators and arbitrators, (k) to make grants or lend money to, or invest money for or on behalf of, Aboriginal persons, (l) with the approval of the Minister, to make grants or lend money to a funeral benefits scheme established for the benefit of Aboriginal persons, (m) to hold, dispose of, or otherwise deal with land vested in or acquired by it, (n) to assist Local and Regional Aboriginal Land Councils in complying with this Act in respect of the establishment and keeping of accounts and the preparation and submission of budgets and financial reports, (o) to assist Local and Regional Aboriginal Land Councils in conducting elections in accordance with this Act for Chairpersons and other officers, (p) to advise the Minister on matters relating to Aboriginal land rights, (q) to compile and maintain a register of all land held by Local Aboriginal Land Councils, (r) to compile and maintain a consolidated roll of all members of Local Aboriginal Land Councils, (s) to make prescribed information contained in the land register or consolidated membership roll that relates to a Local Aboriginal Land Council available on request to the members of that Local Aboriginal Land Council, (t) to promote the protection of Aboriginal culture and the heritage of Aboriginal people in New South Wales, (u) to provide or make available appropriate training for staff, officers and members of Aboriginal Land Councils (including but not limited to training in computer, administration, financial, accounting and ethical practice skills), (v) to exercise the functions conferred or imposed, by the Commonwealth Native Title Act, on a representative Aboriginal/Torres Strait Islander body (within the meaning of that Act) if the Council is determined to be such a body by the relevant Commonwealth Minister under that Act, (w) to ensure that no part of the income or property of the Council is transferred directly or indirectly by way of dividend or bonus or otherwise by way of profit to councillors or members of staff of the Council (but nothing in this paragraph prevents the payment in good faith of remuneration to any councillor or member of staff of the Council), and, (x) to exercise such other functions as are conferred or imposed on it by or under this or any other Act. (11) Further amendments to functions were made by the Aboriginal Land Rights Amendment Act 2006 Act No.111,2006) relating the functions to Land acquisition, Oversight of Local Aboriginal Land Councils, Policy and advice, Administration of statutory accounts, Native title, Aboriginal culture and heritage and financial stewardship. (12)