Fact Sheet 6 - Determination and Dealing Approval Certificates ALRA NSWALC

Fact Sheet 6 (a) the community, land and business plan of the LALC and whether, and to what extent Determination and the land dealing is consistent with Dealing Approval that plan, Certificates (b) the terms of the land dealing and whether those terms are fair and In accordance with the Aboriginal equitable to the LALC in all the Land Rights Act 1983 (ALRA), one circumstances, of the New South Wal. [...] Aboriginal persons, Section 42G(2) of the ALRA states (d) any assessment of the application that NSWALC “may refuse to for approval of the land dealing by approve a land dealing if it an expert advisory panel under considers that the dealing is, or is this Division, likely to be, contrary to the interests of the members of the Local (e) whether it is likely that the Aboriginal Land Council or othe. [...] conditions on a LALC land dealing, including; Review of NSWALC • a condition that is to be satisfied decisions before completion of the land dealing, If a LALC does not think that NSWALC’s decision is lawful, it can • a condition that requires the commence proceedings for judicial LALC or one or more parties to the review of NSWALC’s decision in the land dealing to enter into an Land and Environme. [...] Following the referral of a dispute to the Registrar, the Registrar may, Only the LALC that has made the with the parties’ consent, attempt to Land Dealing Application to NSWALC resolve the dispute by mediation/ may commence proceedings for conciliation/arbitration or can refer judicial review of that decision in the the dispute for Land and Environment Court. [...] The referral does not require the Registrar to resolve the dispute before court proceedings can commence but the referral may provide a non-litigious option for the LALC and NSWALC to discuss the dispute without going to court.