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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) AMENDMENT (DELEGATION) REGULATION 2013 (SLI NO 272 OF 2013) - SCHEDULE 1

Amendments

   

Aboriginal Land Rights (Northern Territory) Regulations 2007

1  After regulation 6A

Insert:

7   Application for delegation--prescribed information

                   For paragraph 28A(2)(c) of the Act, an application by an Aboriginal and Torres Strait Islander corporation for the delegation of functions or powers of a Land Council must include the following:

                     (a)  the names of the corporation's members;

                     (b)  evidence that the corporation satisfies the requirements of subsection 28A(1) of the Act;

                     (c)  why the corporation seeks the delegation;

                     (d)  why the corporation selected the part of the area of the Land Council (the relevant area ) set out in the application;

                     (e)  a description of any consultation by the corporation with the following persons in relation to the delegation:

                              (i)  traditional Aboriginal owners of land in the relevant area;

                             (ii)  any other Aboriginal community or group that may be affected by the delegation;

                      (f)  a description of any conflict of interest arrangements the corporation has in place;

                     (g)  the qualifications and experience of:

                              (i)  the corporation's officers (within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ); and

                             (ii)  the corporation's employees (within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 );

                            that are relevant to the delegation;

                     (h)  how the corporation proposes to make decisions in relation to the delegated functions or powers, including any proposed ongoing consultation of the persons mentioned in paragraph (e);

                      (i)  an estimation of the resources required to perform or exercise the delegated functions or powers;

                      (j)  the following breakdown of the resources mentioned in paragraph (i):

                              (i)  resources the corporation has at its disposal;

                             (ii)  resources the corporation proposes to obtain from the Land Council;

                            (iii)  resources the corporation proposes to obtain from another source, and the name of that source.

Note:          Examples of resources for paragraphs (i) and (j) are money, employees, premises and equipment.

8   Application for delegation--deemed refusal period

                   For subsection 28A(5) of the Act, the period is 3 months from the day the Land Council receives an application for the delegation of functions or powers.

8A   Application to vary delegation--deemed refusal period

                   For subsection 28B(6) of the Act, the period is 3 months from the day the Land Council receives an application to vary a delegation of functions or powers.



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