Commonwealth Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 - SECT 191E

Functions

             (1)  The land management functions of the Indigenous Land Corporation are as follows:

                     (a)  to carry on, or arrange for the carrying on of, land management activities in relation to indigenous-held land under agreements with the holders of the land;

                     (b)  to carry on, or arrange for the carrying on of, land management activities in relation to land held by the Indigenous Land Corporation;

                     (c)  to carry on other land management activities in relation to indigenous-held land;

                     (d)  to make grants of money for the carrying on of land management activities in relation to indigenous-held land;

                     (e)  to make loans of money (whether secured or unsecured) for the purpose of carrying on land management activities in relation to indigenous-held land;

                      (f)  to guarantee loans made for the purpose of carrying on land management activities in relation to indigenous-held land.

Note 1:       Land management activities is defined by subsection (5).

Note 2:       Indigenous-held land is defined by section 4B.

Note 3:       Holder is defined by section 4.

Land management activities relating to particular indigenous-held land

          (1A)  Paragraph (1)(c) does not authorise the Indigenous Land Corporation to carry on a land management activity in relation to particular indigenous-held land otherwise than under an agreement with the holder of the land.

Grants--terms and conditions

             (2)  The Indigenous Land Corporation may make a grant of money on terms and conditions that must relate to:

                     (a)  the purposes for which the money may be spent; or

                     (b)  the period within which the money is to be spent; or

                     (c)  the acquittal of money spent; or

                     (d)  the giving of information in relation to the grant.

If the grant becomes repayable because of a breach of such a term or condition, the Indigenous Land Corporation must take all reasonable steps to recover the repayment.

Loans--terms and conditions

          (2A)  The Indigenous Land Corporation may make a loan of money on terms and conditions that must relate to:

                     (a)  the purposes for which the money may be spent; or

                     (b)  the period within which the money is to be spent; or

                     (c)  the acquittal of money spent; or

                     (d)  the giving of information relating to the loan; or

                     (e)  the repayment of the loan; or

                      (f)  the payment of interest (including interest on interest); or

                     (g)  if the loan is secured--the loan security.

Guarantees--terms and conditions

          (2B)  A guarantee is subject to such terms and conditions as the Indigenous Land Corporation determines.

Performance of functions

             (3)  For the purposes of the performance of the Indigenous Land Corporation's land management functions, the Indigenous Land Corporation must give priority to the following:

                     (a)  pursuing sound land and environmental management practices;

                     (b)  pursuing a policy of granting money or making loans only where the Indigenous Land Corporation considers that alternative approaches (such as guaranteeing loans obtained from external sources or carrying on land management activities under an agreement with the holders of indigenous-held land) are impracticable;

                     (c)  in a case where the Indigenous Land Corporation carries on, or arranges for the carrying on of, land management activities under agreements with holders of indigenous-held land--directly involving the holders of the land in those activities.

Agreements may involve third parties

             (4)  A reference in this section to an agreement with the holder of indigenous-held land includes a reference to an agreement with the holder, where one or more other persons are parties to the agreement.

Definition

             (5)  In this section:

"land management activities" means activities that consist of, or relate to, the managed use, care or improvement of land, and includes:

                     (a)  carrying on a business that involves the use, care or improvement of land; or

                     (b)  providing any of the following services (whether on a commercial basis or otherwise) in connection with a business that involves the use, care or improvement of land:

                              (i)  management services;

                             (ii)  clerical or administrative services;

                            (iii)  services relating to financial administration;

                            (iv)  technical or professional services;

                             (v)  advisory services;

                            (vi)  similar services; or

                     (c)  providing environmental management services (whether on a commercial basis or otherwise) in relation to the use, care or improvement of land; or

                     (d)  providing training (whether on a commercial basis or otherwise) in the skills and knowledge relevant to:

                              (i)  the carrying on of a business that involves the use, care or improvement of land; or

                             (ii)  the managed use, care or improvement of land; or

                     (e)  disseminating information (whether on a commercial basis or otherwise) about:

                              (i)  land management practices; and

                             (ii)  environmental management practices relating to land.