Governance

The Primary Rules under which L&DLALC Operates

The legislation under which LDLALC is constituted, and the objectives which the Land Council is obliged to pursue, is stated in Section 1.1.  In the words of the Act, the object of Local Aboriginal Land Councils is to “improve, protect and foster the best interests of all Aboriginal persons within the Council’s area and other persons who are members of the Council”.  In addition to the five functions listed in Section 1.1, all Land Councils are now required by law to:

  • Prepare and implement, in accordance with the Act, a community, land and business plan;
  • Manage, in accordance with the Act and consistently with its community land and business plan, the investment of any assets of the Council;
  • Facilitate business enterprises, in accordance with this Act and the regulations and consistently with its community, land and business plan;
  • Directly or indirectly, provide community benefits under community benefits schemes;
  • Provide, acquire, construct, upgrade or extend residential accommodation for Aboriginal persons in its area; and/or to
  • Establish or participate in the establishment of, a trust for the purpose of providing a community benefits scheme.

Below is the website for the Aboriginal Land Rights Act 1983

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1983%20AND%20no%3D42&nohits=y

The extract below from the Aboriginal Land Rights Act, 1983 clearly sets out the functions of Boards of Local Aboriginal Land Councils.

Functions of Boards of Local Aboriginal Land Councils

(1)  A Board of a Local Aboriginal Land Council has the following functions:

(a)  to direct and control the affairs of the Council,

(b)  to facilitate communication between the Council’s members and the New South Wales Aboriginal Land Council,

(c)  to review the performance of the Council in the exercise of its functions and the achievement of its objectives,

(c1)  without limiting paragraph (a), to enter into short-term residential tenancy agreements in relation to land vested in the Council and to manage or terminate such agreements,

(d)  any other functions conferred on the Board by or under this Act.

(2)  The functions of the Board of a Local Aboriginal Land Council are to be exercised in accordance with this Act and the regulations and consistently with the community, land and business plan of the Council.