Commonwealth Consolidated Acts

ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 28

Delegation to Council Chair or Council member or staff member

  (1)   A Land Council may, in writing under its common seal, delegate to the following:

  (a)   the Chair or another member of the Council;

  (b)   a member of the staff of the Council;

any of the Council's functions or powers under this Act other than the following:

  (c)   the giving or withholding of consent in relation to the acquisition or grant of an estate or interest in Aboriginal land under an agreement or agreements:

  (i)   that will have effect for a period that exceeds, or for periods that together exceed, 2 years; or

  (ii)   in respect of which the approval of the Minister is required by subsection   27(3);

  (ca)   the making of a request under section   21E;

  (d)   the making of determinations under section   35;

  (e)   the giving or refusing of a consent under subsection   42(1);

  (f)   the giving of a consent under section   48C;

  (g)   any function or power prescribed by the regulations.

Delegation to Council committee

  (2)   A Land Council may, in writing under its common seal, delegate to a committee appointed under section   29A any of the Council's functions or powers under this Act other than the following:

  (aa)   the making of a request under section   21E;

  (a)   the making of determinations under section   35;

  (b)   any function or power prescribed by the regulations.

Functions and powers that depend on satisfaction of certain matters

  (4)   Where the provisions of this Act require that a Land Council, before performing a function or exercising a power conferred upon it to do, or to consent to the doing of, an act or thing, satisfy itself that:

  (a)   the traditional Aboriginal owners (if any) of the land affected by the performance of the function or the exercise of the power understand the nature and purpose of the act or thing and consent to it; and

  (b)   any Aboriginal community or group that may be affected by the doing of the act or thing has been consulted and has had adequate opportunity to express its views to the Land Council;

then, if that function or power is delegated, the delegate may perform the function or exercise the power if the delegate is satisfied:

  (c)   of the matter referred to in paragraph   (a); and

  (d)   that any Aboriginal community or group that may be affected by the doing of the act or thing has been consulted and has had adequate opportunity to express its views to the delegate.