What does The Aboriginal Land Rights Act do?
The right to claim land was introduced in 1983 when the Aboriginal Land Rights Act, 1983 (ALRA) became law in NSW.
The purpose of the ALRA is:
- To provide land rights for Aboriginal persons in New South Wales
- To provide for representative Aboriginal Land Councils in New South Wales
- To vest land in those Councils
- To provide ownership and management of land and other assets for those Councils
- To provide the allocation of funds to and by those Councils
- To provide for the provision of community benefit schemes by or on behalf of those Councils
The principle of self-determination underpins the ALRA.
Since the introduction of the ALRA, decision making rights and ownership have been given to Aboriginal Land Councils. The ALRA provides for a self-funded and self-regulated network of independent Aboriginal bodies corporate.
It also sets out a regulatory framework for Aboriginal Land Councils, including their statutory reporting obligations.
Administering the Act
The Minister for Aboriginal Affairs and Treaty manages The ALRA. The minister gives responsibilities to:
- The NSW Aboriginal Land Council
- The Registrar, ALRA
- The Minister/s administering the Crown Lands Management Act 2016
The Role of Aboriginal Affairs and the Minister for Aboriginal Affairs and Treaty
Aboriginal Affairs supports the Minister for Aboriginal Affairs and Treaty to administer the ALRA, to deliver land rights for Aboriginal people in NSW.
The Minister's powers include:
- Working with the NSWALC and the Office of the Registrar of the ALRA, to ensure compliance with the Act
- Monitoring the operations of Local Aboriginal Land Councils
- Monitoring the operations of the NSWALC
- Appointing and monitoring investigators and administrators appointed to Aboriginal Land Councils
- Conducting legislative reviews of the Act
- Aboriginal Affairs provides advice to the Minister about their legal responsibilities, including:
- Considering advice from NSWALC on land rights and Aboriginal affairs more generally
- Receipt of the NSWALC Annual Report, which the Minister is to table in both Houses of the Parliament
- Help determine the date for the four yearly election of the NSWALC Council
- Receipt of reports from NSWALC on the funds for Local Aboriginal Land Councils and their compliance with the Act
- Receipt of monthly reports of appointed investigators and administrators to Aboriginal Land Councils.
- Briefings on recommendations for the appointment of investigators and administrators to Aboriginal Land Councils, with the approval of NSWALC
- Receipt of monthly reports of appointed investigators and administrators to Aboriginal Land Councils
- The acquisition of land in exceptional circumstances for the purposes of the Act
The Minister has limited ability to intervene in the operations of ALC’s. The minister does not have the power to:
- Approve or deny land claims. This sits with the Minister/s administering the Crown Land Management Act 2016
- Intervene in housing and other operational matters of LALC’s NSWALC and the Registrar of the ALRA regulate this.
- Approve the development of the of Local Government Local Environmental Plans. This includes changes to zoning.
Statutory Review
The ALRA requires the Minister for Aboriginal Affairs and Treaty to review the terms of the Act every 5 years, from December 2006.
The most recent review of the ALRA was undertaken in 2021. The review recommended a three-stage reform process of a range of operational amendments.
The ALRA Amendment Act was stage 1 of the reform process. This included amendments to improve the administration of the ALRA.
The next stage will focus on reform of land dealings that are subject to native title. It will also consider further ways for the ALRA to better intersect with other legislative frameworks
The report can be accessed here.
The next statutory review of the ALRA is due in 2026.
Ministerial Appointments
When a Local Aboriginal Land Council needs help solving problems, administrators and investigators can be brought in. This helps ensure they operate in the best interests of their members.
The Minister for Aboriginal Affairs and Treaty must have the approval of the (NSWALC) before appointing an investigator or administrator to a LALC.
The Minister can extend or remove appointments with the consent of the NSWALC.
Administrators and investigators work independently of the Minister, Aboriginal Affairs and the NSWALC. Their roles and duties are set out with any specific issues that need addressing.
The NSWALC covers the costs of the administrator and/or investigator. These funds may be recovered from the land council where the appointment was made. The NSW Government does not pay for appointments.
The NSWALC covers the costs of the administrator and/or investigator. These funds may be recovered from the land council where the appointment was made. The NSW Government does not pay for appointments.
The ALRA protects appointees from personal liability where they act in good faith to execute the Act or any other legislation.
What do investigators do?
Investigators look at problems within a land council. They advise the Minister and the NSW Aboriginal Land Council how they can better operate in the interest of their members. This includes managing their funds and properties. Investigators must also report any wrongdoing to the appropriate authorities.
Any member of the land council with access to the land council’s records, must give an investigator complete access to them. A person must not hinder or delay the investigation.
What do administrators do?
Administrators are only appointed to handle serious governance and financial problems, as set out in the ALRA.
They are usually appointed to remedy and restore effective operations, administration, and governance.
Administrators are appointed in one of two ways; take over full functions of the board/council or to perform specific tasks only.
When an administrator is appointed with full functions, the sitting Board is removed from office. A new board must be appointed before the end of the administrator’s term.
If an administrator is appointed to perform specific tasks, the board remains in office to carry out the remaining operations.
Administrators must not deal with Land Council land. Administrators must get the approval of all council members at a land dealing meeting. There are very few situations where this is not the case, such as social housing without approval from the NSWALC.
Any member of the land council with access to the land council’s records, must give an administrator complete access to them. A person must not hinder or delay the investigation.
There are several steps to appointing an administrator, under the ALRA. The Minister must give the land council notice and ask for submissions as to why an administrator should or should not be appointed.
Procedural fairness must be given to a land council when the Minister is considering appointing an administrator.
Rate Exemptions
Local Aboriginal Land Councils (LALCs) may be exempt from paying rates and charges on certain types of land.
The types of land which may be exempt from rates include:
- Land not being used for a commercial or residential purpose (vacant land)
- Land not being used for a residential purpose and declared by the LALC to be of cultural or spiritual significance.
The Minister must approve a Council members’ statement that the land meets the above criteria. This can include land being used for a commercial purpose such as a cultural centre or museum.