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

ABORIGINAL LAND CLAIMS

THE LAND CLAIM PROCESS

Land claims must be made in writing, using the form Land Claim for Land Pursuant to Aboriginal Land Rights Act 1983 NSW [PDF]. The claim must clearly identify the land claimed (see Information required to lodge a land claim).

The Registrar does not determine land claims. The Office of the Registrar receives land claims, assesses whether the information required has been provided, registers claims and sends them to the NSW Minister for Lands for a determination.

The Office of the Registrar is responsible for the Register of Aboriginal Land Claims. When claims are received they are dated and numbered and recorded in the Register. When the claim has been determined the outcome is also recorded in the Register.

The Registrar keeps a Register of all Aboriginal land claims made.

ROLE OF THE REGISTRAR IN THE LAND CLAIM PROCESS

When a land claim is lodged with the Office of the Registrar:

The claim is checked to see if the land lies within the boundary of the LALC which lodged the claim and the information required has been provided
If these are met, the claim is registered, dated and allocated a land claim number in the Register of Aboriginal Land Claims
The claimant LALC and NSWALC are sent written confirmation that the claim has been accepted
The claim is forwarded to the Minister for Lands. The claim is investigated by the Department of Primary Industries and the Minister for Lands determines whether the land is claimable under the Aboriginal Land Rights Act. The Minister informs the Registrar and the land council which claimed the land of the decision
The Office of the Registrar enters the decision in the Register of Aboriginal Land Claims
If the Minister refuses a land claim, the claimant Aboriginal Land Council may appeal the decision to the Land and Environment Court