OFFICE OF THE REGISTRAR, Aboriginal Land Rights Act 1983 (NSW)

ABORIGINAL LAND CLAIMS

OVERVIEW

The Aboriginal Land Rights Act 1983 (ALRA) provides that the New South Wales Aboriginal Land Council (NSWALC) and Local Aboriginal Land Councils (LALCs) may make claim(s) to claimable Crown land(s). The relevant sections of the Act are sections 36 and 37.

NSWALC may make a claim for land on its own behalf or on behalf of one or more LALCs
One or more LALCs may make a claim for land within its or their area or, with the approval of the Registrar, outside its or their area.

Since 1983 a total of 2,325 land claims have been granted covering a total area of 81,813 ha.

WHAT LAND CAN BE CLAIMED?

'Claimable Crown lands' means lands that:

are able to be lawfully sold or leased, or are reserved or dedicated under the Crown Lands Act 1989
are not lawfully used or occupied
are not needed or likely to be needed as residential lands in the opinion of the Minister administering the Crown Lands Act
are not needed or likely to be needed for an essential public purpose
are not subject to native title or an application for a determination of native title (other than an unopposed non-claimant application)

Land that is needed for the purpose of nature conservation may be claimed if the land council making the claim agrees to lease the land as a national park under Part 4A of the National Parks and Wildlife Act 1974 (NPW Act).