Transcript Biamanga National Park Gulaga National Park

Office of the Registrar, Aboriginal Land Rights Act 1983
State-wide meeting of Aboriginal
Land Councils
3 – 5 March 2009
Functions of the Registrar
The main functions of the Registrar are:
* to register land claims made under the Aboriginal Land Rights Act 1983 by the
New South Wales Aboriginal Land Council and Local Aboriginal Land Councils and
maintain the Register of Aboriginal Land Claims
Land claim process: roles and responsibilities
Current land claim status March 2009
As at 31 December 2001
Total land claims lodged:
Total land claims determined:
Total land claims granted:
Total land claims refused:
17 137
8 655
2 319
5 348
6 723
6 384
2 000
3 323
Total claims undetermined:
9 087
538
Functions of the Registrar
* to maintain the Register of Aboriginal Owners
The registration of Aboriginal owners
Schedule 14 Vs s.36A
Roles and responsibilities – Land Councils, DECC, Developers
Biamanga NP
Gulaga NP
Mt Grenfell NP
Mutawintji NP
Worimi Conservation Lands
Applications
132
134
94
101
155
Aboriginal Owners
86
88
71
95
153
Total
616
493
Functions of the Registrar
* to maintain the NSW Land Council consolidated membership roll
Land Council responsibilities
Registrar responsibilities and resources: consolidation of all LALC roll
information
Outcomes
Information and feedback: 54(3) c, 56(5) process
Preparation for land council meeting quorums, Board elections, Annual
meetings
Removal of LALC members from the roll
Functions of the Registrar
* to approve the rules of the New South Wales Aboriginal Land Council and Local
Aboriginal Land Councils
Governance of Land Councils
NSWALC
The Registrar/NSWALC/LALC relationship
Information and feedback
Functions of the Registrar
* to carry out such other functions in relation to the constitution of Local
Aboriginal Land Councils (and their areas) and/or the alteration of LALC boundaries
Model rules
Codes of Conduct
Amalgamation?
Dissolution?
How many LALCs is the right number??
Functions of the Registrar
* to issue compliance directions to Aboriginal Land Councils, officers of Aboriginal
Land Councils and councillors relating to the administration and breaches of the
ALRA
Is it an enquiry or a complaint?
Is it a matter for investigation? If yes; who?
Breaches of the ALRA: roles and responsibilities (the food chain)
What is required to initiate an investigation?
Dissemination of accurate information
Functions of the Registrar
* to conduct Land Council Board elections
Delegation to NSWALC
Casual vacancies: NSWALC resources
Disqualification – where its at
Information and feedback
Specific issues
Functions of the Registrar
* to investigate complaints including the non-disclosure of pecuniary interests,
misbehaviour by councillors, Board members and members of staff and/or
consultants to Land Councils
LALC Boards
Disqualification
Misbehaviour
Removal of Chairperson
Censure
CEOs
Employment
Functions of the Registrar
*to mediate, conciliate or arbitrate disputes relating to the ALRA and the regulations
Dispute Resolution: when, how and whom?
When does a dispute go to an independent mediator, conciliator or arbitrator?
Specific issues
The proposed dispute resolution amendment – Land Dealings
Functions of the Registrar (s. 165, ALRA)
*
other functions conferred or imposed on the Registrar:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Disqualification from Office, employment as a CEO,
Misbehaviour & Suspension,
Pecuniary Interests,
Appointment of Investigators,
Provision of information from Aboriginal Land Councils,
Access permits for Hunting, Fishing and Gathering
•
Aboriginal Owners and the National Parks & Wildlife Act
(i)
(ii)
Selection of negotiating panels
Vesting of lands in LALCs
Functions of the Registrar (s. 165, ALRA)
How could the Registrar do it better?
The New Website! www.oralra.nsw.gov.au
Regional visits
Any other ideas?