Acquisition of land by the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council

Acquisition of land by Request

Where The State of New South Wales vests land in the New South Wales Aboriginal Land Council or in a Local Aboriginal Land Council under the Aboriginal Land Rights Act 1983 (NSW), NSW LRS may lodge a Request form 11R to record the Aboriginal Land Council as the registered proprietor on the title.

The request does not require marking by Revenue NSW.

A certificate of title is issued.

The name of the Aboriginal Land Council is shown in the first schedule.

Any reference to minerals and/or reservations is removed from the title and replaced with a new minerals notification in the second schedule. See Minerals below.

An appropriate notification is also entered in the second schedule. The two key notifications are as follows:

"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."

For more information see:
Aboriginal Bodies
Dealings Involving the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council

Acquisition of land by Transfer

Land may be transferred to the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council by way of transfer (form 01T). See section 38 Aboriginal Land Rights Act 1983.

A Transfer to a Local Aboriginal Land Council must also be accompanied by:

  • a letter from the Local Aboriginal Land Council stating that the purchase price was not more than 5% above the market value of the land, as assessed by a ‘qualified valuer’ who is appointed by the Local Aboriginal Land Council, and a certified copy of the qualified valuer’s assessment, or
  • written approval for the purchase from the New South Wales Aboriginal Land Council.


 On registration the following notification will be entered:

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.

For more information see:

Aboriginal bodies

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

Minerals

When land is acquired by the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council pursuant to:

  • s36 or s37 Aboriginal Land Rights Act 1983 (NSW): all minerals in the land are also acquired;
  • s38 or s39 Aboriginal Land Rights Act 1983 (NSW): the minerals of the Crown are also acquired,
    except for gold, silver, coal and petroleum, see s45(12) Aboriginal Land Rights Act 1983 (NSW).

Accordingly, on registration of such a transfer, the existing minerals restrictions notification will be removed from the title and the following notification will be entered in the second schedule:

"The Reservation and Exception to the Crown of all Gold, Silver, Coal and Petroleum."

Staff processing information

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