Dealings involving the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council

Legislation

The New South Wales Aboriginal Land Council (NSWALC) and all Local Aboriginal Land Councils can deal with land vested in them only in accordance with Part 2, Division 4 Aboriginal Land Rights Act 1983 (NSW).

Registration Approval Certificates (RAC)

All  registrable instruments lodged with NSW LRS giving effect to a land dealing must be accompanied by either a Registration Approval Certificate issued by NSWALC, or a written statement from the Chief Executive Officer (CEO) of NSWALC that a Registration Approval Certificate is not required.

There are two forms of RAC prescribed by the Aboriginal Land Rights Regulation 2010 (NSW):

  • for land vested in NSWALC; and
  • for land vested in a Local Aboriginal Land Council.

For more information see:
NSW LRS Circular 2010/02 Land Dealings By Aboriginal Land Councils Amendments to the Aboriginal Land Rights Act 1983

Execution

For execution requirements for the NSWALC and Local Aboriginal Land Councils see:

Aboriginal Corporations, Aboriginal Associations, The New South Wales Aboriginal Land Council, Local Aboriginal Land Councils

Restrictions notifications

Where a notification regarding restrictions is noted on the Register, the nature of the restrictions must be carefully examined to ensure that the dealing or plan is not contrary to the restrictions and to ascertain if any further requirements must be met.

The two notifications are:

Subject to conditions in Memorandum AI55778. Restrictions on dealings and plans see Part 2, Division 4 Aboriginal Land Rights Act 1983 (This is not affected by section 42) Any dealing or plan must be accompanied by a Registration Approval Certificate or statement of non-requirement.

Subject to conditions in Memorandum AI55778. Restrictions on dealings and plans see Part 2 Division 4 and section 42 Aboriginal Land Rights Act 1983. Approved determination of Native Title is required. Any dealing or plan must also be accompanied by a Registration Approval Certificate or statement of non-requirement.

The first requires a Registration Approval Certificate (or written statement of non-requirement) to be lodged before any dealing or plan may be registered. The second requires both a Registration Approval Certificate (or a written statement of non-requirement) and an approved determination of native title within the meaning of the Commonwealth Native Title Act to be lodged before any dealing or plan may be registered.

Registration Prohibition Notices

A Registration Prohibition Notice may be lodged after a Land Dealing Approval Agreement has been entered into under the Aboriginal Land Rights Act 1983 (NSW).

It must be lodged by NSWALC on request form 11R, be signed by the CEO and witnessed, and must be accompanied by a statutory declaration containing the following information:

  • the name and address of any person who is the registered proprietor of an estate or interest in the land affected by the notice;
  • if the notice relates only to part of land described in the relevant folio of the Register, a description of that part;
  • a statement that the notice relates to the land (or part of the land) in respect of which a Land Dealing Approval Agreement has been entered into.

A Registration Prohibition Notice prevents the registration of all dealings or plans relating to the land unless the consent of NSWALC, notified in writing by the CEO of NSWALC, is provided.

A caveat does not prevent the recording of a Registration Prohibition Notice.

Staff processing information

WARNING   Refer all plans to the Legal Division. Refer all dealings, including caveats, to SD31 and then to the Legal Division.