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

1. Short title These regulations may be cited as the Aboriginal Lands Regulations 2018 .

2. Commencement These regulations take effect on 4 June 2018.

3. Interpretation In 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.

4. Guidelines For section 28(2) of the Act, the guidelines in Schedule 1 are prescribed.

5. Hearing 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.

6. Procedure 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.