Assessing e Values and Management of the NSW Travelling ... - Land

ASSESSING THE VALUES AND MANAGEMENT OF THE NSW TRAVELLING STOCK RESERVE
Appendix C. How Aboriginal Land Claims Are Determined
Background
Under the NSW Aboriginal Land Rights Act, 1983, Crown land not required for an essential
public purpose or for residential lands, or where the land is not lawfully used or occupied
is returned to Aboriginal people. The Aboriginal Land Rights Act aims to redress past
injustices when Aboriginal people were dispossessed of their land following the arrival of
European settlers.
Once a claim is lodged with the Aboriginal Land Rights Registrar, it is then forwarded to the
Department of Lands for investigation. This investigation is carried out on behalf of the
Minister for Lands.
What happens when a land claim is received by the department
In determining a land claim, the department must undertake a rigorous investigation and
assessment process, which involves both regional staff and the Aboriginal Land Claim
Investigations Unit located in Sydney.
Investigation involves field inspection and referral to other public authorities likely to have an
interest in the land being claimed. The findings of the investigation are compiled by the
Aboriginal Land Claim Investigations Unit, which then submits all relevant information,
including recommendations, for the Minister’s consideration and determination.
On what grounds is a land claim assessed
The NSW Aboriginal Land Rights Act, 1983, provides specific criteria that must be
considered in the investigation of all Aboriginal land claims. Claimed land that meets all the
criteria (listed below) must be recommended by the department for granting.
Claims for land that fail any of the following eight criteria must be recommended for refusal.
1) Land is vested in Her Majesty (Sec. 36(1))
2) Land is able to be lawfully sold or leased, or is reserved or dedicated for any purpose,
under the Crown Lands Act 1989 or the Western Lands Act 1901 (Sec. 36(1)(a))
3) Land is not protected by the Savings, Transitional and Other Provisions - Schedule 4
Clause 8.
4) Land is not the subject of a registered application for the determination of native title
except a non claimant application that is unopposed (Sec. 36(1)(d))
5) Land is not subject of an approved determination of native title (Sec. 36(1)(e))
6) Land is not lawfully used or occupied (Sec. 36(1)(b))
7) Land is not needed or likely to be needed for residential lands (Sec. 36(1)(b1)
8) Land is not needed or likely to be needed, for an essential public purpose (Sec.
36(1)(c))
Aboriginal lands in Travelling Stock Reserves
Land claims lodged in respect of land which is or is part of a TSR shall be referred to the
LHPA (RLPB) for the district in which that land is situated. Under Sec. 37(3) the Crown
Lands Minister may enter into an agreement with the claimant ALC to achieve the following:
1) The vesting of the freehold title to that land, subject to any easements in the claimant
ALC
2) The leasing in perpetuity of that land to the Crown at a nominal rent
3) The preparation of a plan of management in respect of that land giving the claimant
ALC or Aborigines defined rights or defined functions, in respect of that land.
It must be shown that Aborigines have traditional rights to or long association with the land
for such an agreement to be entered into.
It is also possible for a claim to be granted outright if meets all the eight criteria listed above.
REPORT ON METHODOLOGY AND FINDINGS AUGUST 2009 Page 70 of 88