Aboriginal Lands Regulations 2018 (TAS)

Aboriginal Lands Regulations 2018

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council and on being satisfied that the Aboriginal Land Council of Tasmania has been consulted, make the following regulations under the Aboriginal Lands Act 1995 .21 May 2018

C. WARNER

Governor

By Her Excellency’s Command,

J. PETRUSMA

Minister for Aboriginal Affairs

1Short titleThese regulations may be cited as the Aboriginal Lands Regulations 2018 . 2CommencementThese regulations take effect on 4 June 2018. 3InterpretationIn these regulations – Act means the Aboriginal Lands Act 1995 ; Commissioner means the Executive Commissioner of the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997. 4GuidelinesFor section 28(2) of the Act, the guidelines in Schedule 1 are prescribed. 5Hearing of appeal (1) An appeal under section 29 of the Act is to be heard at a place determined by the Commissioner. (2)  Before an appeal is heard, the Commissioner is to give reasonable notice of the hearing in at least 3 newspapers published and circulated generally in Tasmania stating – (a) the subject of the appeal; and (b) the time and place at which the appeal is to be heard. 6Procedure at hearing (1)  An appeal is to be heard in public. (2)  The Commissioner may receive evidence in private if – (a) a person who appears to give evidence at a hearing objects to doing so in public and the Commissioner considers that – (i) the evidence may be of a confidential nature; and (ii) the interest in confidentiality is greater than the interest in having the evidence taken in public; or (b) the Commissioner considers that – (i) the evidence to be given at the hearing may be of a confidential nature even though the person who appears to give the evidence has not objected to doing so in public; and (ii) the interest in confidentiality is greater than the interest in having the evidence taken in public; or (c) an Aboriginal person who appears to give evidence at a hearing objects to doing so in public and the Commissioner considers that the evidence may relate to Aboriginal historical or cultural matters. (3)  At the hearing, the Commissioner – (a) may inform himself or herself about any matter in any way he or she thinks fit; and (b) may receive oral or written evidence; and (c) may receive evidence on oath or affirmation; and (d) is not bound to act in a formal manner; and (e) is not bound by the rules of evidence. Schedule 1Guidelines

Regulation 4

1.   In determining whether to grant a further lease or licence under section 28 of the Act in relation to any Aboriginal land, the Council is to consider the following: (a) whether the proposed lease or licence – (i) may affect any Aboriginal historical, cultural or social interest in the land; or (ii) may impede the Council in sustainably managing the land; or (iii) is contrary to, or may adversely affect, any management plan or draft management plan in respect of the land; or (iv) may tend to deprive any Aboriginal group or Aboriginal person of a connection with the land; (b) whether there has been any adverse effect upon the land as a result of the grant of the existing lease or licence; (c) whether the local Aboriginal group or, if no such group has been nominated, the local Aboriginal community, agrees to the grant of the proposed lease or licence. 2.   In determining the terms and conditions of a further lease or licence to be granted under section 28 of the Act in relation to any Aboriginal land, the Council is to consider the following: (a) whether the proposed lease or licence may – (i) affect any Aboriginal historical, cultural or social interest in the land; or (ii) impede the Council in sustainably managing the land; (b) whether it is necessary or desirable to protect or encourage the association or connection of any local Aboriginal group, local Aboriginal community or local Aboriginal person with the land.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 30 May 2018

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) prescribe guidelines for section 28 of the Aboriginal Lands Act 1995; and (b) prescribe the procedure for hearing an appeal under section 29 of that Act; and (c) are made consequentially on the repeal of the Aboriginal Lands Regulations 2008 under section 11 of the Subordinate Legislation Act 1992 .