Document ID: chunk:federal_register_of_legislation:C2007C00447:clause:1_61
Version: federal_register_of_legislation:C2007C00447
Segment Type: clause
Provision Reference: sch 1 cl 61
Character Range: 56359–58311

61  Subsections 28(1), (2) and (3)
Repeal the subsections, substitute:

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);
 (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:
 (a) the making of determinations under section 35;
 (b) any function or power prescribed by the regulations.

Delegation to a body corporate

 (3) A Land Council may, in writing under its common seal, delegate to a body corporate incorporated under the Aboriginal Councils and Associations Act 1976, that has made an application in accordance with section 28A, the Council's functions or powers under the following provisions:
 (a) section 11A (about agreements concerning land under claim);
 (b) section 19 (about dealings with interests in land by Land Trusts);
 (ba) section 19A (about grant of township leases);
 (c) Part IV (about mining);
 (d) section 67B (about granting estates or interests while land is subject to a traditional land claim).