Hi Michelle and Peter
We had a similar issue here and refused the exemption on the basis that changes were made to the Aboriginal Land Rights Regulation 2014 that overrides precedent law (ie Nungera v Maclean Shire).
The LGAct is clear that only “land that is vested in the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council and is declared under Division 5 of Part 2 of the Aboriginal Land Rights Act 1983 to be exempt from payment of rates,”
The Aboriginal Land Rights Act refers to the regulations which is conditional and can be found on the following link.
http://www.legislation.nsw.gov.au/#/view/regulation/2014/553/part2/sec4
We have not had a problem since having the discussion with the local aboriginal land council.
Hope this is helpful.
Regards, Andrew
