{"id":"qld:act-2013-002","name":"Aboriginal and Torres Strait Islander Land Holding Act 2013","slug":"aboriginal-and-torres-strait-islander-land-holding-act-2013","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"2 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29708,"registerId":"qld-act-2013-002-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Aboriginal and Torres Strait Islander Land Holding Act 2013 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than the following provisions, commences on a day to be fixed by proclamation—\npart 12 , division 2 , subdivisions 1 and 2 ;\npart 12 , division 4 ;\npart 12 , division 10 , subdivisions 1 and 2 .\n- (a) part 12 , division 2 , subdivisions 1 and 2 ;\n- (b) part 12 , division 4 ;\n- (c) part 12 , division 10 , subdivisions 1 and 2 .","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main object of Act","content":"### sec.3 Main object of Act\n\nThe main object of this Act is—\nto provide a framework for identifying and satisfying entitlements to grants of leases that are outstanding under the 1985 Land Holding Act , including by dealing with practical obstacles to satisfying the entitlements; and\nto resolve boundary problems affecting particular 1985 Act granted leases; and\nto the extent practicable, to apply the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 to both 1985 Act granted leases and new Act granted leases.\n- (a) to provide a framework for identifying and satisfying entitlements to grants of leases that are outstanding under the 1985 Land Holding Act , including by dealing with practical obstacles to satisfying the entitlements; and\n- (b) to resolve boundary problems affecting particular 1985 Act granted leases; and\n- (c) to the extent practicable, to apply the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 to both 1985 Act granted leases and new Act granted leases.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Achieving Act’s main object","content":"### sec.4 Achieving Act’s main object\n\nAchieving this Act’s main object includes the following—\nthe identification of outstanding lease entitlements;\nconsultation, negotiation and agreement aimed at resolving practical obstacles to satisfying lease entitlements;\nconsultation, negotiation and agreement aimed at resolving boundary problems affecting some 1985 Act granted leases.\nThis Act allows for the deferral of the grant of a lease to satisfy a lease entitlement, having regard to the practical obstacles that may be identified.\nThe purpose of a deferral is not to diminish a right to the grant of the lease, but is intended—\nto allow the resolution of the obstacles by agreement or a decision of the Land Court; and\nto ensure the grant, when made, is not affected by the obstacles in the way that would otherwise happen if there was a grant of the lease without an attempt at resolution.\n(sec.4-ssec.1) Achieving this Act’s main object includes the following— the identification of outstanding lease entitlements; consultation, negotiation and agreement aimed at resolving practical obstacles to satisfying lease entitlements; consultation, negotiation and agreement aimed at resolving boundary problems affecting some 1985 Act granted leases.\n(sec.4-ssec.2) This Act allows for the deferral of the grant of a lease to satisfy a lease entitlement, having regard to the practical obstacles that may be identified.\n(sec.4-ssec.3) The purpose of a deferral is not to diminish a right to the grant of the lease, but is intended— to allow the resolution of the obstacles by agreement or a decision of the Land Court; and to ensure the grant, when made, is not affected by the obstacles in the way that would otherwise happen if there was a grant of the lease without an attempt at resolution.\n- (a) the identification of outstanding lease entitlements;\n- (b) consultation, negotiation and agreement aimed at resolving practical obstacles to satisfying lease entitlements;\n- (c) consultation, negotiation and agreement aimed at resolving boundary problems affecting some 1985 Act granted leases.\n- (a) to allow the resolution of the obstacles by agreement or a decision of the Land Court; and\n- (b) to ensure the grant, when made, is not affected by the obstacles in the way that would otherwise happen if there was a grant of the lease without an attempt at resolution.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Approach adopted in applying ALA or TSILA","content":"### sec.5 Approach adopted in applying ALA or TSILA\n\nThis Act provides for the continuation of 1985 Act granted leases and the granting of new Act granted leases, and for the conditions applying to the leases, in a way that—\ntakes account of rights and obligations under the 1985 Land Holding Act ; and\nto the extent practicable, adopts the regime governing land and tenure management under ALA and TSILA .\nThis Act also provides for the return to each trust area of land divested from the area under the 1985 Land Holding Act to ensure that land leased under the 1985 Land Holding Act or this Act can be—\neffectively administered as part of the trust area; and\notherwise dealt with substantially under ALA or TSILA as may be applicable.\nIn providing for the continuation of 1985 Act granted leases and the granting of new Act granted leases, this Act provides for the application of ALA or TSILA to the leases to the extent practicable.\n(sec.5-ssec.1) This Act provides for the continuation of 1985 Act granted leases and the granting of new Act granted leases, and for the conditions applying to the leases, in a way that— takes account of rights and obligations under the 1985 Land Holding Act ; and to the extent practicable, adopts the regime governing land and tenure management under ALA and TSILA .\n(sec.5-ssec.2) This Act also provides for the return to each trust area of land divested from the area under the 1985 Land Holding Act to ensure that land leased under the 1985 Land Holding Act or this Act can be— effectively administered as part of the trust area; and otherwise dealt with substantially under ALA or TSILA as may be applicable.\n(sec.5-ssec.3) In providing for the continuation of 1985 Act granted leases and the granting of new Act granted leases, this Act provides for the application of ALA or TSILA to the leases to the extent practicable.\n- (a) takes account of rights and obligations under the 1985 Land Holding Act ; and\n- (b) to the extent practicable, adopts the regime governing land and tenure management under ALA and TSILA .\n- (a) effectively administered as part of the trust area; and\n- (b) otherwise dealt with substantially under ALA or TSILA as may be applicable.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"All rights under 1985 Land Holding Act to be dealt with under this Act","content":"### sec.6 All rights under 1985 Land Holding Act to be dealt with under this Act\n\nA right a person may have had under the 1985 Land Holding Act to be granted a lease under that Act may be satisfied only in the form of a grant to satisfy a lease entitlement as provided for under this Act.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Act binds all persons","content":"### sec.7 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.7-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.7-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":8},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Definitions","content":"### sec.8 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of lease entitlement and holder of lease entitlement","content":"### sec.9 Meaning of lease entitlement and holder of lease entitlement\n\nA lease entitlement is an entitlement to be granted a lease to satisfy an entitlement under the 1985 Land Holding Act .\nA lease entitlement exists if all of the following circumstances apply—\na person made an application under the 1985 Land Holding Act , section 5 to be granted a lease under the authority of that Act within a trust area (the trust area for the lease entitlement);\nthe application for the lease was made on or after 15 June 1985 but on or before 20 December 1991;\nthe application for the lease was exhibited in the way, and for the period, required under the 1985 Land Holding Act , section 6 (1) (a) ;\neither of the following has happened—\nthe trustee council for the application approved the granting of the lease, whether or not notification of the approval was given under the 1985 Land Holding Act , section 6 (1) (b) ;\nthe appeal tribunal approved the granting of the lease;\nthe lease was never granted under the 1985 Land Holding Act .\nThe holder of a lease entitlement is the person who, when the granting of the lease was approved under the 1985 Land Holding Act , was the applicant under that Act for the grant.\nIn this section—\nappeal tribunal means an appeal tribunal as constituted under the 1985 Land Holding Act .\n(sec.9-ssec.1) A lease entitlement is an entitlement to be granted a lease to satisfy an entitlement under the 1985 Land Holding Act .\n(sec.9-ssec.2) A lease entitlement exists if all of the following circumstances apply— a person made an application under the 1985 Land Holding Act , section 5 to be granted a lease under the authority of that Act within a trust area (the trust area for the lease entitlement); the application for the lease was made on or after 15 June 1985 but on or before 20 December 1991; the application for the lease was exhibited in the way, and for the period, required under the 1985 Land Holding Act , section 6 (1) (a) ; either of the following has happened— the trustee council for the application approved the granting of the lease, whether or not notification of the approval was given under the 1985 Land Holding Act , section 6 (1) (b) ; the appeal tribunal approved the granting of the lease; the lease was never granted under the 1985 Land Holding Act .\n(sec.9-ssec.3) The holder of a lease entitlement is the person who, when the granting of the lease was approved under the 1985 Land Holding Act , was the applicant under that Act for the grant.\n(sec.9-ssec.4) In this section— appeal tribunal means an appeal tribunal as constituted under the 1985 Land Holding Act .\n- (a) a person made an application under the 1985 Land Holding Act , section 5 to be granted a lease under the authority of that Act within a trust area (the trust area for the lease entitlement);\n- (b) the application for the lease was made on or after 15 June 1985 but on or before 20 December 1991;\n- (c) the application for the lease was exhibited in the way, and for the period, required under the 1985 Land Holding Act , section 6 (1) (a) ;\n- (d) either of the following has happened— (i) the trustee council for the application approved the granting of the lease, whether or not notification of the approval was given under the 1985 Land Holding Act , section 6 (1) (b) ; (ii) the appeal tribunal approved the granting of the lease;\n- (i) the trustee council for the application approved the granting of the lease, whether or not notification of the approval was given under the 1985 Land Holding Act , section 6 (1) (b) ;\n- (ii) the appeal tribunal approved the granting of the lease;\n- (e) the lease was never granted under the 1985 Land Holding Act .\n- (i) the trustee council for the application approved the granting of the lease, whether or not notification of the approval was given under the 1985 Land Holding Act , section 6 (1) (b) ;\n- (ii) the appeal tribunal approved the granting of the lease;","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of trust area and trustee","content":"### sec.10 Meaning of trust area and trustee\n\nA trust area is land that was at any time a trust area under the 1985 Land Holding Act .\nThe trustee , of a trust area, is the entity that is—\nto the extent land in the trust area is the subject of a deed of grant in trust or a reserve under the Land Act —the land’s trustee under that Act; or\nto the extent land in the trust area is transferred land under ALA or TSILA —the entity that, under ALA or TSILA , holds the land.\nIn a provision of this Act about a lease, or about a lease entitlement or a lease entitlement notice—\na reference to the trustee of the trust area is taken to be a reference to the trustee of the trust area, or the part of the trust area, in which the lease land is located or in which the land the subject of the lease entitlement or lease entitlement notice is located; and\na reference to a trust area is taken to be a reference to the trust area, or the part of the trust area, in which the lease land is located or in which the land the subject of the lease entitlement or lease entitlement notice is located.\n(sec.10-ssec.1) A trust area is land that was at any time a trust area under the 1985 Land Holding Act .\n(sec.10-ssec.2) The trustee , of a trust area, is the entity that is— to the extent land in the trust area is the subject of a deed of grant in trust or a reserve under the Land Act —the land’s trustee under that Act; or to the extent land in the trust area is transferred land under ALA or TSILA —the entity that, under ALA or TSILA , holds the land.\n(sec.10-ssec.3) In a provision of this Act about a lease, or about a lease entitlement or a lease entitlement notice— a reference to the trustee of the trust area is taken to be a reference to the trustee of the trust area, or the part of the trust area, in which the lease land is located or in which the land the subject of the lease entitlement or lease entitlement notice is located; and a reference to a trust area is taken to be a reference to the trust area, or the part of the trust area, in which the lease land is located or in which the land the subject of the lease entitlement or lease entitlement notice is located.\n- (a) to the extent land in the trust area is the subject of a deed of grant in trust or a reserve under the Land Act —the land’s trustee under that Act; or\n- (b) to the extent land in the trust area is transferred land under ALA or TSILA —the entity that, under ALA or TSILA , holds the land.\n- (a) a reference to the trustee of the trust area is taken to be a reference to the trustee of the trust area, or the part of the trust area, in which the lease land is located or in which the land the subject of the lease entitlement or lease entitlement notice is located; and\n- (b) a reference to a trust area is taken to be a reference to the trust area, or the part of the trust area, in which the lease land is located or in which the land the subject of the lease entitlement or lease entitlement notice is located.","sortOrder":12},{"sectionNumber":"pt.2","sectionType":"part","heading":"Transition from 1985 Land Holding Act to this Act","content":"# Transition from 1985 Land Holding Act to this Act","sortOrder":13},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Adjustment of status of land affected by 1985 Land Holding Act","content":"## Adjustment of status of land affected by 1985 Land Holding Act","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Return of land previously divested under 1985 Land Holding Act","content":"### sec.11 Return of land previously divested under 1985 Land Holding Act\n\nOn the commencement of this section, land within a trust area that, under the 1985 Land Holding Act , section 10 (1) or (2) divested from, or passed from the control of, an entity, becomes vested in the entity that is currently the trustee of the trust area, or the part of the trust area, in which the land is located in the same way it would have been vested if it had not been divested.\nIf the external boundaries of the trust area are the external boundaries of a deed of grant in trust under the Land Act , the land vested under this section becomes part of the deed of grant in trust land.\nThe vesting of land under subsection (1) does not affect—\nthe continuation of any 1985 Act granted lease granted over the land; or\nthe ownership of a structural improvement located on that land.\nSee also section 12 and part 7 .\nThe chief executive, or, if appropriate, the registrar, must make any necessary change in the appropriate register to record the operation of subsection (1) .\n(sec.11-ssec.1) On the commencement of this section, land within a trust area that, under the 1985 Land Holding Act , section 10 (1) or (2) divested from, or passed from the control of, an entity, becomes vested in the entity that is currently the trustee of the trust area, or the part of the trust area, in which the land is located in the same way it would have been vested if it had not been divested. If the external boundaries of the trust area are the external boundaries of a deed of grant in trust under the Land Act , the land vested under this section becomes part of the deed of grant in trust land.\n(sec.11-ssec.2) The vesting of land under subsection (1) does not affect— the continuation of any 1985 Act granted lease granted over the land; or the ownership of a structural improvement located on that land. See also section 12 and part 7 .\n(sec.11-ssec.3) The chief executive, or, if appropriate, the registrar, must make any necessary change in the appropriate register to record the operation of subsection (1) .\n- (a) the continuation of any 1985 Act granted lease granted over the land; or\n- (b) the ownership of a structural improvement located on that land.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Continuation of 1985 Act granted leases","content":"### sec.12 Continuation of 1985 Act granted leases\n\nThis section applies if—\na lease was granted, or purportedly granted, in a trust area before the commencement of the section; and\nthe grant was, or purported to be, under the authority of—\nthe 1985 Land Holding Act ; or\nanother Act, but with reference being made to the 1985 Land Holding Act ; or\nthe 1985 Land Holding Act and another Act; and\nThe wording of an instrument issued for the grant of a lease may have indicated that the lease was granted under both the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 and the Land Act .\nthe lease was still in force, or purportedly still in force, immediately before the repeal of the 1985 Land Holding Act .\nThe lease was not surrendered before the repeal of the 1985 Land Holding Act .\nFor this Act, the lease is a 1985 Act granted lease .\nA 1985 Act granted lease—\nis taken to have been a validly granted lease from when it was granted or purportedly granted until the repeal of the 1985 Land Holding Act ; and\nfor all purposes is taken to have been granted solely under the authority of the 1985 Land Holding Act ; and\ncontinues in force despite the repeal of the 1985 Land Holding Act .\nFrom the commencement of this section, the lessor of a 1985 Act granted lease is taken to be—\nthe trustee of the trust area; or\nif the lease land is also the subject of a townsite lease under ALA or TSILA —the lessee under the townsite lease.\nIf, under the 1985 Land Holding Act , a 1985 Act granted lease was granted as a lease in perpetuity, the lease continues as a lease granted in perpetuity and for the same purpose as the purpose for which the 1985 Act granted lease was granted.\nIf, under the 1985 Land Holding Act , a 1985 Act granted lease was granted as a lease for a term of years, the lease continues as a lease granted for the same term of years, and for the same purpose, as the term and purpose for which the 1985 Act granted lease was granted.\nA 1985 Act granted lease—\ncontinues to be subject to conditions recorded on the instrument of lease for the 1985 Act granted lease, other than, for a lease granted in perpetuity, any conditions providing, or purporting to provide, for the rent payable under the lease; and\nas a continuing lease, is subject to—\nthe conditions provided for under part 8 ; and\nthe provisions of ALA or TSILA as provided for under part 9 .\nThe chief executive, or if appropriate, the registrar, may make any necessary change in the appropriate register to record the operation of this section, including to record this Act as the authority for the continuation of a 1985 Act granted lease.\n(sec.12-ssec.1) This section applies if— a lease was granted, or purportedly granted, in a trust area before the commencement of the section; and the grant was, or purported to be, under the authority of— the 1985 Land Holding Act ; or another Act, but with reference being made to the 1985 Land Holding Act ; or the 1985 Land Holding Act and another Act; and The wording of an instrument issued for the grant of a lease may have indicated that the lease was granted under both the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 and the Land Act . the lease was still in force, or purportedly still in force, immediately before the repeal of the 1985 Land Holding Act . The lease was not surrendered before the repeal of the 1985 Land Holding Act .\n(sec.12-ssec.2) For this Act, the lease is a 1985 Act granted lease .\n(sec.12-ssec.3) A 1985 Act granted lease— is taken to have been a validly granted lease from when it was granted or purportedly granted until the repeal of the 1985 Land Holding Act ; and for all purposes is taken to have been granted solely under the authority of the 1985 Land Holding Act ; and continues in force despite the repeal of the 1985 Land Holding Act .\n(sec.12-ssec.4) From the commencement of this section, the lessor of a 1985 Act granted lease is taken to be— the trustee of the trust area; or if the lease land is also the subject of a townsite lease under ALA or TSILA —the lessee under the townsite lease.\n(sec.12-ssec.5) If, under the 1985 Land Holding Act , a 1985 Act granted lease was granted as a lease in perpetuity, the lease continues as a lease granted in perpetuity and for the same purpose as the purpose for which the 1985 Act granted lease was granted.\n(sec.12-ssec.6) If, under the 1985 Land Holding Act , a 1985 Act granted lease was granted as a lease for a term of years, the lease continues as a lease granted for the same term of years, and for the same purpose, as the term and purpose for which the 1985 Act granted lease was granted.\n(sec.12-ssec.7) A 1985 Act granted lease— continues to be subject to conditions recorded on the instrument of lease for the 1985 Act granted lease, other than, for a lease granted in perpetuity, any conditions providing, or purporting to provide, for the rent payable under the lease; and as a continuing lease, is subject to— the conditions provided for under part 8 ; and the provisions of ALA or TSILA as provided for under part 9 .\n(sec.12-ssec.8) The chief executive, or if appropriate, the registrar, may make any necessary change in the appropriate register to record the operation of this section, including to record this Act as the authority for the continuation of a 1985 Act granted lease.\n- (a) a lease was granted, or purportedly granted, in a trust area before the commencement of the section; and\n- (b) the grant was, or purported to be, under the authority of— (i) the 1985 Land Holding Act ; or (ii) another Act, but with reference being made to the 1985 Land Holding Act ; or (iii) the 1985 Land Holding Act and another Act; and Example for paragraph (b) (iii) — The wording of an instrument issued for the grant of a lease may have indicated that the lease was granted under both the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 and the Land Act .\n- (i) the 1985 Land Holding Act ; or\n- (ii) another Act, but with reference being made to the 1985 Land Holding Act ; or\n- (iii) the 1985 Land Holding Act and another Act; and Example for paragraph (b) (iii) — The wording of an instrument issued for the grant of a lease may have indicated that the lease was granted under both the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 and the Land Act .\n- (c) the lease was still in force, or purportedly still in force, immediately before the repeal of the 1985 Land Holding Act . Example for paragraph (c) — The lease was not surrendered before the repeal of the 1985 Land Holding Act .\n- (i) the 1985 Land Holding Act ; or\n- (ii) another Act, but with reference being made to the 1985 Land Holding Act ; or\n- (iii) the 1985 Land Holding Act and another Act; and Example for paragraph (b) (iii) — The wording of an instrument issued for the grant of a lease may have indicated that the lease was granted under both the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 and the Land Act .\n- (a) is taken to have been a validly granted lease from when it was granted or purportedly granted until the repeal of the 1985 Land Holding Act ; and\n- (b) for all purposes is taken to have been granted solely under the authority of the 1985 Land Holding Act ; and\n- (c) continues in force despite the repeal of the 1985 Land Holding Act .\n- (a) the trustee of the trust area; or\n- (b) if the lease land is also the subject of a townsite lease under ALA or TSILA —the lessee under the townsite lease.\n- (a) continues to be subject to conditions recorded on the instrument of lease for the 1985 Act granted lease, other than, for a lease granted in perpetuity, any conditions providing, or purporting to provide, for the rent payable under the lease; and\n- (b) as a continuing lease, is subject to— (i) the conditions provided for under part 8 ; and (ii) the provisions of ALA or TSILA as provided for under part 9 .\n- (i) the conditions provided for under part 8 ; and\n- (ii) the provisions of ALA or TSILA as provided for under part 9 .\n- (i) the conditions provided for under part 8 ; and\n- (ii) the provisions of ALA or TSILA as provided for under part 9 .","sortOrder":16},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Advice to Minister","content":"## Advice to Minister","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Establishment of Land Holding Act stakeholder reference panels","content":"### sec.13 Establishment of Land Holding Act stakeholder reference panels\n\nThe Minister may establish a Land Holding Act stakeholder reference panel for a trust area to give information and advice to the Minister as provided for under this Act.\nA Land Holding Act stakeholder reference panel may include any of the following—\nthe chief executive;\nany other chief executive having responsibilities in relation to the trust area;\nthe housing chief executive\nthe chief executive of the department in which the Local Government Act 2009 is administered\nany trustee of the trust area.\nA member of a Land Holding Act stakeholder reference panel may be represented at a meeting of the panel by a person nominated by the member.\nA Land Holding Act stakeholder reference panel may invite persons, or representatives of persons, likely to be affected by issues for consideration by the panel to participate in the panel’s consideration of the matters.\nnative title parties\nthe local government with responsibility for the trust area\n(sec.13-ssec.1) The Minister may establish a Land Holding Act stakeholder reference panel for a trust area to give information and advice to the Minister as provided for under this Act.\n(sec.13-ssec.2) A Land Holding Act stakeholder reference panel may include any of the following— the chief executive; any other chief executive having responsibilities in relation to the trust area; the housing chief executive the chief executive of the department in which the Local Government Act 2009 is administered any trustee of the trust area.\n(sec.13-ssec.3) A member of a Land Holding Act stakeholder reference panel may be represented at a meeting of the panel by a person nominated by the member.\n(sec.13-ssec.4) A Land Holding Act stakeholder reference panel may invite persons, or representatives of persons, likely to be affected by issues for consideration by the panel to participate in the panel’s consideration of the matters. native title parties the local government with responsibility for the trust area\n- (a) the chief executive;\n- (b) any other chief executive having responsibilities in relation to the trust area; Examples for paragraph (b) — • the housing chief executive • the chief executive of the department in which the Local Government Act 2009 is administered\n- • the housing chief executive\n- • the chief executive of the department in which the Local Government Act 2009 is administered\n- (c) any trustee of the trust area.\n- • the housing chief executive\n- • the chief executive of the department in which the Local Government Act 2009 is administered\n- • native title parties\n- • the local government with responsibility for the trust area","sortOrder":18},{"sectionNumber":"pt.3","sectionType":"part","heading":"Lease entitlements","content":"# Lease entitlements","sortOrder":19},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Operation of pt 3","content":"### sec.14 Operation of pt 3\n\nThis part establishes a process for—\nthe chief executive to publish information about lease entitlements; and\npersons to apply to the chief executive to publish or replace published information about lease entitlements.\n- (a) the chief executive to publish information about lease entitlements; and\n- (b) persons to apply to the chief executive to publish or replace published information about lease entitlements.","sortOrder":21},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Publication of lease entitlement notices","content":"## Publication of lease entitlement notices","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Chief executive to publish lease entitlement notice","content":"### sec.15 Chief executive to publish lease entitlement notice\n\nThe chief executive must publish a notice (a lease entitlement notice ) for each lease entitlement within a trust area of which the chief executive is aware.","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Requirements for lease entitlement notice","content":"### sec.16 Requirements for lease entitlement notice\n\nA lease entitlement notice for a lease entitlement must be published on the department’s website.\nThe lease entitlement notice must include all information about the lease entitlement reasonably able to be included in the notice.\nWithout limiting subsection (2) , the notice must—\nidentify the trust area for the lease entitlement; and\ninclude the identification number of the original application for the lease entitlement, if known; and\nidentify the holder of the lease entitlement; and\nto the extent reasonably practicable, give a description of the lease entitlement land; and\nstate the date of the notice.\nThe chief executive may publish a lease entitlement notice for a lease entitlement only if the chief executive is satisfied about the existence of the lease entitlement.\n(sec.16-ssec.1) A lease entitlement notice for a lease entitlement must be published on the department’s website.\n(sec.16-ssec.2) The lease entitlement notice must include all information about the lease entitlement reasonably able to be included in the notice.\n(sec.16-ssec.3) Without limiting subsection (2) , the notice must— identify the trust area for the lease entitlement; and include the identification number of the original application for the lease entitlement, if known; and identify the holder of the lease entitlement; and to the extent reasonably practicable, give a description of the lease entitlement land; and state the date of the notice.\n(sec.16-ssec.4) The chief executive may publish a lease entitlement notice for a lease entitlement only if the chief executive is satisfied about the existence of the lease entitlement.\n- (a) identify the trust area for the lease entitlement; and\n- (b) include the identification number of the original application for the lease entitlement, if known; and\n- (c) identify the holder of the lease entitlement; and\n- (d) to the extent reasonably practicable, give a description of the lease entitlement land; and\n- (e) state the date of the notice.","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Replacement lease entitlement notice","content":"### sec.17 Replacement lease entitlement notice\n\nThe chief executive may publish a lease entitlement notice to replace a lease entitlement notice currently in force on the basis of further or more accurate information obtained by the chief executive.","sortOrder":25},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Trust area notice","content":"## Trust area notice","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Chief executive to notify trustee about lease entitlements","content":"### sec.18 Chief executive to notify trustee about lease entitlements\n\nThis section applies if the chief executive is satisfied that substantially all of the lease entitlement notices for a trust area have been published.\nThe chief executive may give a written notice to the trustee of the trust area (a trust area notice ) to advise the trustee of all lease entitlement notices that have been published for lease entitlements for the trust area.\nThe trust area notice must—\nidentify the trust area; and\ninclude a copy of all lease entitlement notices that have been published for the trust area; and\nstate the date of the notice; and\ninclude a statement that a person has 18 months from the date of the notice to apply to the chief executive to publish—\na lease entitlement notice for a lease entitlement not included in the trust area notice; or\na replacement lease entitlement notice for a lease entitlement notice that is included in the trust area notice but that is incorrect.\n(sec.18-ssec.1) This section applies if the chief executive is satisfied that substantially all of the lease entitlement notices for a trust area have been published.\n(sec.18-ssec.2) The chief executive may give a written notice to the trustee of the trust area (a trust area notice ) to advise the trustee of all lease entitlement notices that have been published for lease entitlements for the trust area.\n(sec.18-ssec.3) The trust area notice must— identify the trust area; and include a copy of all lease entitlement notices that have been published for the trust area; and state the date of the notice; and include a statement that a person has 18 months from the date of the notice to apply to the chief executive to publish— a lease entitlement notice for a lease entitlement not included in the trust area notice; or a replacement lease entitlement notice for a lease entitlement notice that is included in the trust area notice but that is incorrect.\n- (a) identify the trust area; and\n- (b) include a copy of all lease entitlement notices that have been published for the trust area; and\n- (c) state the date of the notice; and\n- (d) include a statement that a person has 18 months from the date of the notice to apply to the chief executive to publish— (i) a lease entitlement notice for a lease entitlement not included in the trust area notice; or (ii) a replacement lease entitlement notice for a lease entitlement notice that is included in the trust area notice but that is incorrect.\n- (i) a lease entitlement notice for a lease entitlement not included in the trust area notice; or\n- (ii) a replacement lease entitlement notice for a lease entitlement notice that is included in the trust area notice but that is incorrect.\n- (i) a lease entitlement notice for a lease entitlement not included in the trust area notice; or\n- (ii) a replacement lease entitlement notice for a lease entitlement notice that is included in the trust area notice but that is incorrect.","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Chief executive to notify trustee if no lease entitlements","content":"### sec.19 Chief executive to notify trustee if no lease entitlements\n\nThe chief executive may give a written notice to the trustee of a trust area (also a trust area notice ) if the chief executive is satisfied that no lease entitlements exist for the trust area.\nThe trust area notice must—\nidentify the trust area; and\nstate the date of the notice; and\ninclude a statement that a person has 18 months from the date of the notice to apply to the chief executive to publish a lease entitlement notice for the trust area.\n(sec.19-ssec.1) The chief executive may give a written notice to the trustee of a trust area (also a trust area notice ) if the chief executive is satisfied that no lease entitlements exist for the trust area.\n(sec.19-ssec.2) The trust area notice must— identify the trust area; and state the date of the notice; and include a statement that a person has 18 months from the date of the notice to apply to the chief executive to publish a lease entitlement notice for the trust area.\n- (a) identify the trust area; and\n- (b) state the date of the notice; and\n- (c) include a statement that a person has 18 months from the date of the notice to apply to the chief executive to publish a lease entitlement notice for the trust area.","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Publication of trust area notice","content":"### sec.20 Publication of trust area notice\n\nThe chief executive must publish a trust area notice on the department’s website.\nThe chief executive may ask the trustee of a trust area—\nto display a copy of a trust area notice in a prominent location in a trust area for a stated period; and\nto keep a copy of the notice available for inspection at a suitable location in the trust area for a stated period.\n(sec.20-ssec.1) The chief executive must publish a trust area notice on the department’s website.\n(sec.20-ssec.2) The chief executive may ask the trustee of a trust area— to display a copy of a trust area notice in a prominent location in a trust area for a stated period; and to keep a copy of the notice available for inspection at a suitable location in the trust area for a stated period.\n- (a) to display a copy of a trust area notice in a prominent location in a trust area for a stated period; and\n- (b) to keep a copy of the notice available for inspection at a suitable location in the trust area for a stated period.","sortOrder":29},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Addition to and replacement of lease entitlement notices","content":"## Addition to and replacement of lease entitlement notices","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"Time limits for application under this division","content":"### sec.21 Time limits for application under this division\n\nThis division provides for a person to apply to the chief executive to publish or replace a lease entitlement notice for a trust area.\nSubject to subsection (3) , an application under this division can not be made later than 18 months after the date of the trust area notice for the trust area.\nHowever, a person may apply to the chief executive under this division at any time if no trust area notice for the trust area has been given by the chief executive.\nThe period stated under subsection (2) applies whether or not the trust area notice has been displayed by the trustee in compliance with a request from the chief executive under section 20 .\n(sec.21-ssec.1) This division provides for a person to apply to the chief executive to publish or replace a lease entitlement notice for a trust area.\n(sec.21-ssec.2) Subject to subsection (3) , an application under this division can not be made later than 18 months after the date of the trust area notice for the trust area.\n(sec.21-ssec.3) However, a person may apply to the chief executive under this division at any time if no trust area notice for the trust area has been given by the chief executive.\n(sec.21-ssec.4) The period stated under subsection (2) applies whether or not the trust area notice has been displayed by the trustee in compliance with a request from the chief executive under section 20 .","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":"Application for publication of lease entitlement notice","content":"### sec.22 Application for publication of lease entitlement notice\n\nA person (the applicant ) may apply to the chief executive to publish a lease entitlement notice for a lease entitlement in a trust area.\nThe applicant must give the chief executive information and documents in the applicant’s possession to identify the details of the lease entitlement, including its holder.\nIf the applicant and the person identified as the holder of the lease entitlement are not the same person, the applicant must include with the application information to satisfy the chief executive that it is reasonable in the circumstances for the applicant to be making the application.\nThe chief executive may ask the applicant to provide further information to support the application within a stated reasonable period.\nThe chief executive must decide the application, and advise the applicant of the decision, within—\n6 months after the application was made; or\n6 months after the application was made together with any time the chief executive reasonably requires to deal with additional information given by the applicant.\nThe chief executive may decide the application if the applicant does not provide additional information within the stated period.\nThe chief executive may grant the application only if the chief executive is satisfied about the existence of the lease entitlement as identified in the application.\nIf the chief executive grants the application, the chief executive must—\npublish the lease entitlement notice on the department’s website; and\ngive a copy of the lease entitlement notice to the trustee of the trust area.\nIf the chief executive refuses the application, the chief executive must give a notice to the applicant advising of the refusal and include the chief executive’s reasons for the decision to refuse.\n(sec.22-ssec.1) A person (the applicant ) may apply to the chief executive to publish a lease entitlement notice for a lease entitlement in a trust area.\n(sec.22-ssec.2) The applicant must give the chief executive information and documents in the applicant’s possession to identify the details of the lease entitlement, including its holder.\n(sec.22-ssec.3) If the applicant and the person identified as the holder of the lease entitlement are not the same person, the applicant must include with the application information to satisfy the chief executive that it is reasonable in the circumstances for the applicant to be making the application.\n(sec.22-ssec.4) The chief executive may ask the applicant to provide further information to support the application within a stated reasonable period.\n(sec.22-ssec.5) The chief executive must decide the application, and advise the applicant of the decision, within— 6 months after the application was made; or 6 months after the application was made together with any time the chief executive reasonably requires to deal with additional information given by the applicant.\n(sec.22-ssec.6) The chief executive may decide the application if the applicant does not provide additional information within the stated period.\n(sec.22-ssec.7) The chief executive may grant the application only if the chief executive is satisfied about the existence of the lease entitlement as identified in the application.\n(sec.22-ssec.8) If the chief executive grants the application, the chief executive must— publish the lease entitlement notice on the department’s website; and give a copy of the lease entitlement notice to the trustee of the trust area.\n(sec.22-ssec.9) If the chief executive refuses the application, the chief executive must give a notice to the applicant advising of the refusal and include the chief executive’s reasons for the decision to refuse.\n- (a) 6 months after the application was made; or\n- (b) 6 months after the application was made together with any time the chief executive reasonably requires to deal with additional information given by the applicant.\n- (a) publish the lease entitlement notice on the department’s website; and\n- (b) give a copy of the lease entitlement notice to the trustee of the trust area.","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":"Appeal to Land Court against refusal to publish lease entitlement notice","content":"### sec.23 Appeal to Land Court against refusal to publish lease entitlement notice\n\nThis section applies if the chief executive refuses an application to publish a lease entitlement notice.\nThe applicant may appeal to the Land Court against the decision.\nThe appeal must be started within 28 days after the applicant is given notice of the chief executive’s decision to refuse the application.\nThe parties to the appeal are—\nthe applicant; and\nthe chief executive.\nIf the Land Court decides that the lease entitlement notice should be published, the Land Court’s decision must include the details of the lease entitlement to be included in the notice.\nIt is not necessary for the details mentioned in subsection (5) to be consistent in every respect with the details included in the application as dealt with by the chief executive.\n(sec.23-ssec.1) This section applies if the chief executive refuses an application to publish a lease entitlement notice.\n(sec.23-ssec.2) The applicant may appeal to the Land Court against the decision.\n(sec.23-ssec.3) The appeal must be started within 28 days after the applicant is given notice of the chief executive’s decision to refuse the application.\n(sec.23-ssec.4) The parties to the appeal are— the applicant; and the chief executive.\n(sec.23-ssec.5) If the Land Court decides that the lease entitlement notice should be published, the Land Court’s decision must include the details of the lease entitlement to be included in the notice.\n(sec.23-ssec.6) It is not necessary for the details mentioned in subsection (5) to be consistent in every respect with the details included in the application as dealt with by the chief executive.\n- (a) the applicant; and\n- (b) the chief executive.","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":"Application for replacement of lease entitlement notice","content":"### sec.24 Application for replacement of lease entitlement notice\n\nA person (the applicant ) may apply to the chief executive to publish a lease entitlement notice to replace a lease entitlement notice currently in force for a trust area because the lease entitlement notice does not accurately state the details of a lease entitlement.\nThe applicant must give the chief executive information and documents in the applicant’s possession to identify the details of the notice applied for.\nIf the applicant and the person identified, or proposed to be identified, as the holder of the lease entitlement under the replacement notice are not the same person, the applicant must include with the application information to satisfy the chief executive that it is reasonable in the circumstances for the applicant to be making the application.\nThe chief executive may ask the applicant to provide further information to support the application within a stated reasonable period.\nThe chief executive must decide the application, and advise the applicant of the decision, within—\n6 months after the application was made; or\n6 months after the application was made together with any time the chief executive reasonably requires to deal with additional information given by the applicant.\nThe chief executive may decide the application if the applicant does not provide additional information within the stated period.\nIf the chief executive decides to grant the application, it is not necessary for the decision to provide for a replacement lease entitlement notice that is consistent in every respect with the details included in the application.\nHowever, the chief executive must be satisfied about the existence of the lease entitlement as identified in the replacement lease entitlement notice as proposed by the chief executive.\nIf the chief executive grants the application, the chief executive must publish a lease entitlement notice on the department’s website to replace the existing lease entitlement notice.\nIf the chief executive refuses the application, or if the application is granted but the chief executive’s decision provides for a replacement notice inconsistent with the application, the chief executive must give a notice to the applicant advising of the decision and include the chief executive’s reasons for the decision.\nIf, under this section, the chief executive decides to publish a replacement lease entitlement notice, the chief executive must give a copy of the replacement lease entitlement notice, and the chief executive’s reasons for the decision, to—\nthe trustee of the trust area; and\nany person the chief executive reasonably considers to be an affected person for the decision, including, for example, a person named in the lease entitlement notice proposed to be replaced.\n(sec.24-ssec.1) A person (the applicant ) may apply to the chief executive to publish a lease entitlement notice to replace a lease entitlement notice currently in force for a trust area because the lease entitlement notice does not accurately state the details of a lease entitlement.\n(sec.24-ssec.2) The applicant must give the chief executive information and documents in the applicant’s possession to identify the details of the notice applied for.\n(sec.24-ssec.3) If the applicant and the person identified, or proposed to be identified, as the holder of the lease entitlement under the replacement notice are not the same person, the applicant must include with the application information to satisfy the chief executive that it is reasonable in the circumstances for the applicant to be making the application.\n(sec.24-ssec.4) The chief executive may ask the applicant to provide further information to support the application within a stated reasonable period.\n(sec.24-ssec.5) The chief executive must decide the application, and advise the applicant of the decision, within— 6 months after the application was made; or 6 months after the application was made together with any time the chief executive reasonably requires to deal with additional information given by the applicant.\n(sec.24-ssec.6) The chief executive may decide the application if the applicant does not provide additional information within the stated period.\n(sec.24-ssec.7) If the chief executive decides to grant the application, it is not necessary for the decision to provide for a replacement lease entitlement notice that is consistent in every respect with the details included in the application.\n(sec.24-ssec.8) However, the chief executive must be satisfied about the existence of the lease entitlement as identified in the replacement lease entitlement notice as proposed by the chief executive.\n(sec.24-ssec.9) If the chief executive grants the application, the chief executive must publish a lease entitlement notice on the department’s website to replace the existing lease entitlement notice.\n(sec.24-ssec.10) If the chief executive refuses the application, or if the application is granted but the chief executive’s decision provides for a replacement notice inconsistent with the application, the chief executive must give a notice to the applicant advising of the decision and include the chief executive’s reasons for the decision.\n(sec.24-ssec.11) If, under this section, the chief executive decides to publish a replacement lease entitlement notice, the chief executive must give a copy of the replacement lease entitlement notice, and the chief executive’s reasons for the decision, to— the trustee of the trust area; and any person the chief executive reasonably considers to be an affected person for the decision, including, for example, a person named in the lease entitlement notice proposed to be replaced.\n- (a) 6 months after the application was made; or\n- (b) 6 months after the application was made together with any time the chief executive reasonably requires to deal with additional information given by the applicant.\n- (a) the trustee of the trust area; and\n- (b) any person the chief executive reasonably considers to be an affected person for the decision, including, for example, a person named in the lease entitlement notice proposed to be replaced.","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Appeal to Land Court about decision on application for replacement of lease entitlement notice","content":"### sec.25 Appeal to Land Court about decision on application for replacement of lease entitlement notice\n\nThis section applies if, under section 24 , the chief executive decides an application from a person to publish a lease entitlement notice replacing a lease entitlement notice currently in force.\nThe applicant may appeal to the Land Court against the decision if—\nthe decision is to refuse the application; or\nthe decision is to grant the application but in a way mentioned in section 24 (10) .\nAn affected person who was notified of the decision by the chief executive may appeal to the Land Court against the decision if—\nthe decision is to grant the application; or\nthe decision is to grant the application but in a way mentioned in section 24 (10) .\nAn appeal by the applicant or an affected person must be started within 28 days after the applicant or affected person is given notice of the chief executive’s decision on the application.\nThe parties to the appeal are—\nthe applicant; and\nthe trustee for the trust area; and\nany affected person for the decision who was notified by the chief executive; and\nthe chief executive.\nIf the appeal is by the applicant, the chief executive must advise the applicant and the Land Court of each person mentioned in subsection (5) (c) to ensure that each person may be served.\nIf the Land Court decides that a replacement lease entitlement notice should be published, the Land Court’s decision must include the details of the lease entitlement to be included in the replacement lease entitlement notice.\nIt is not necessary for the details mentioned in subsection (7) to be consistent in every respect with the details included in the application as dealt with by the chief executive or in the chief executive’s decision granting the application.\nIf the Land Court decides a replacement lease entitlement notice should be published, the chief executive must give a copy of the replacement lease entitlement notice to—\nthe trustee of the trust area; and\nany person the chief executive reasonably considers to be an affected person for the decision.\n(sec.25-ssec.1) This section applies if, under section 24 , the chief executive decides an application from a person to publish a lease entitlement notice replacing a lease entitlement notice currently in force.\n(sec.25-ssec.2) The applicant may appeal to the Land Court against the decision if— the decision is to refuse the application; or the decision is to grant the application but in a way mentioned in section 24 (10) .\n(sec.25-ssec.3) An affected person who was notified of the decision by the chief executive may appeal to the Land Court against the decision if— the decision is to grant the application; or the decision is to grant the application but in a way mentioned in section 24 (10) .\n(sec.25-ssec.4) An appeal by the applicant or an affected person must be started within 28 days after the applicant or affected person is given notice of the chief executive’s decision on the application.\n(sec.25-ssec.5) The parties to the appeal are— the applicant; and the trustee for the trust area; and any affected person for the decision who was notified by the chief executive; and the chief executive.\n(sec.25-ssec.6) If the appeal is by the applicant, the chief executive must advise the applicant and the Land Court of each person mentioned in subsection (5) (c) to ensure that each person may be served.\n(sec.25-ssec.7) If the Land Court decides that a replacement lease entitlement notice should be published, the Land Court’s decision must include the details of the lease entitlement to be included in the replacement lease entitlement notice.\n(sec.25-ssec.8) It is not necessary for the details mentioned in subsection (7) to be consistent in every respect with the details included in the application as dealt with by the chief executive or in the chief executive’s decision granting the application.\n(sec.25-ssec.9) If the Land Court decides a replacement lease entitlement notice should be published, the chief executive must give a copy of the replacement lease entitlement notice to— the trustee of the trust area; and any person the chief executive reasonably considers to be an affected person for the decision.\n- (a) the decision is to refuse the application; or\n- (b) the decision is to grant the application but in a way mentioned in section 24 (10) .\n- (a) the decision is to grant the application; or\n- (b) the decision is to grant the application but in a way mentioned in section 24 (10) .\n- (a) the applicant; and\n- (b) the trustee for the trust area; and\n- (c) any affected person for the decision who was notified by the chief executive; and\n- (d) the chief executive.\n- (a) the trustee of the trust area; and\n- (b) any person the chief executive reasonably considers to be an affected person for the decision.","sortOrder":35},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Lease entitlement not established","content":"## Lease entitlement not established","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"Hardship certificate","content":"### sec.26 Hardship certificate\n\nThe chief executive may give a person a certificate (a hardship certificate ) under this section if the chief executive is satisfied all of the following circumstances apply—\nan application for a lease was made by an applicant under the 1985 Land Holding Act , section 5 on or after 15 June 1985 but on or before 20 December 1991;\nthe trustee council for the application advised the applicant, or otherwise gave the applicant to understand, that the trustee council had approved the granting of the lease to the applicant, whether or not notification of the approval was given, or purportedly given, under the 1985 Land Holding Act , section 6 (1) (b) ;\neither of the following acted in reliance on the advice of the approval—\nthe applicant;\nif the applicant is deceased—an interested person in the estate of the deceased applicant;\ndespite paragraph (b) , the trustee council never lawfully approved, under the 1985 Land Holding Act , the granting of the lease;\nif the trustee council had lawfully approved the granting of the lease, the chief executive would be authorised under this Act to publish a lease entitlement notice of a lease entitlement for the lease applied for.\nThe hardship certificate must—\nidentify the person who was the applicant; and\nto the extent reasonably practicable, give a description of the land that would have been the subject of the lease entitlement; and\ninclude the identification number of the original application for the lease entitlement, if known; and\nidentify the person who is the recipient of the hardship certificate.\nUnder ALA , section 126 (4) and TSILA , section 91 (4) , the existence of a hardship certificate means the value of the lease land must be taken to be nil.\nThe chief executive may identify a person as the recipient of the hardship certificate if the chief executive is satisfied that the recipient would currently be entitled to be the lessee if the application had been lawfully approved and the lease granted.\nIn identifying the recipient, the chief executive may have regard to the laws of succession.\ns 26 amd 2014 No. 45 s 58 sch 1 pt 1\n(sec.26-ssec.1) The chief executive may give a person a certificate (a hardship certificate ) under this section if the chief executive is satisfied all of the following circumstances apply— an application for a lease was made by an applicant under the 1985 Land Holding Act , section 5 on or after 15 June 1985 but on or before 20 December 1991; the trustee council for the application advised the applicant, or otherwise gave the applicant to understand, that the trustee council had approved the granting of the lease to the applicant, whether or not notification of the approval was given, or purportedly given, under the 1985 Land Holding Act , section 6 (1) (b) ; either of the following acted in reliance on the advice of the approval— the applicant; if the applicant is deceased—an interested person in the estate of the deceased applicant; despite paragraph (b) , the trustee council never lawfully approved, under the 1985 Land Holding Act , the granting of the lease; if the trustee council had lawfully approved the granting of the lease, the chief executive would be authorised under this Act to publish a lease entitlement notice of a lease entitlement for the lease applied for.\n(sec.26-ssec.2) The hardship certificate must— identify the person who was the applicant; and to the extent reasonably practicable, give a description of the land that would have been the subject of the lease entitlement; and include the identification number of the original application for the lease entitlement, if known; and identify the person who is the recipient of the hardship certificate. Under ALA , section 126 (4) and TSILA , section 91 (4) , the existence of a hardship certificate means the value of the lease land must be taken to be nil.\n(sec.26-ssec.3) The chief executive may identify a person as the recipient of the hardship certificate if the chief executive is satisfied that the recipient would currently be entitled to be the lessee if the application had been lawfully approved and the lease granted.\n(sec.26-ssec.4) In identifying the recipient, the chief executive may have regard to the laws of succession.\n- (a) an application for a lease was made by an applicant under the 1985 Land Holding Act , section 5 on or after 15 June 1985 but on or before 20 December 1991;\n- (b) the trustee council for the application advised the applicant, or otherwise gave the applicant to understand, that the trustee council had approved the granting of the lease to the applicant, whether or not notification of the approval was given, or purportedly given, under the 1985 Land Holding Act , section 6 (1) (b) ;\n- (c) either of the following acted in reliance on the advice of the approval— (i) the applicant; (ii) if the applicant is deceased—an interested person in the estate of the deceased applicant;\n- (i) the applicant;\n- (ii) if the applicant is deceased—an interested person in the estate of the deceased applicant;\n- (d) despite paragraph (b) , the trustee council never lawfully approved, under the 1985 Land Holding Act , the granting of the lease;\n- (e) if the trustee council had lawfully approved the granting of the lease, the chief executive would be authorised under this Act to publish a lease entitlement notice of a lease entitlement for the lease applied for.\n- (i) the applicant;\n- (ii) if the applicant is deceased—an interested person in the estate of the deceased applicant;\n- (a) identify the person who was the applicant; and\n- (b) to the extent reasonably practicable, give a description of the land that would have been the subject of the lease entitlement; and\n- (c) include the identification number of the original application for the lease entitlement, if known; and\n- (d) identify the person who is the recipient of the hardship certificate.","sortOrder":37},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Surrender of lease entitlement","content":"## Surrender of lease entitlement","sortOrder":38},{"sectionNumber":"sec.27","sectionType":"section","heading":"Surrender","content":"### sec.27 Surrender\n\nA lease entitlement may be surrendered—\ncompletely; or\nto the extent of a part of the lease entitlement land.\nThe surrender may be on the basis of the payment of an agreed consideration for the surrender.\nIf the holder is deceased, the chief executive may accept a surrender from persons who are interested persons in the estate of the deceased holder.\nIf a lease entitlement is surrendered, the chief executive must publish on the department’s website the cancellation of the lease entitlement notice for the lease entitlement.\nThe publication of the notice ends the lease entitlement and no further action may be taken under this Act to satisfy the entitlement.\n(sec.27-ssec.1) A lease entitlement may be surrendered— completely; or to the extent of a part of the lease entitlement land.\n(sec.27-ssec.2) The surrender may be on the basis of the payment of an agreed consideration for the surrender.\n(sec.27-ssec.3) If the holder is deceased, the chief executive may accept a surrender from persons who are interested persons in the estate of the deceased holder.\n(sec.27-ssec.4) If a lease entitlement is surrendered, the chief executive must publish on the department’s website the cancellation of the lease entitlement notice for the lease entitlement.\n(sec.27-ssec.5) The publication of the notice ends the lease entitlement and no further action may be taken under this Act to satisfy the entitlement.\n- (a) completely; or\n- (b) to the extent of a part of the lease entitlement land.","sortOrder":39},{"sectionNumber":"pt.4","sectionType":"part","heading":"Identification of practical obstacles","content":"# Identification of practical obstacles","sortOrder":40},{"sectionNumber":"sec.28","sectionType":"section","heading":"Operation of pt 4","content":"### sec.28 Operation of pt 4\n\nThis part establishes a process for examining each lease entitlement to identify practical obstacles that need to be resolved before a lease can be granted to satisfy the lease entitlement.","sortOrder":41},{"sectionNumber":"sec.29","sectionType":"section","heading":"What are practical obstacles","content":"### sec.29 What are practical obstacles\n\nWithout limiting what practical obstacles to satisfying a lease entitlement may be identified under this Act, the following could be expected to be identified as obstacles—\nthat the location of the area of the lease entitlement land can not be clearly identified;\nthat the ownership of improvements on the lease entitlement land needs to be resolved;\nthat competing interests in the lease entitlement land need to be dealt with.\nHowever, the identification, or the need to obtain the agreement, of an interested person in the estate of a deceased holder of a lease entitlement is not a practical obstacle under this Act.\n(sec.29-ssec.1) Without limiting what practical obstacles to satisfying a lease entitlement may be identified under this Act, the following could be expected to be identified as obstacles— that the location of the area of the lease entitlement land can not be clearly identified; that the ownership of improvements on the lease entitlement land needs to be resolved; that competing interests in the lease entitlement land need to be dealt with.\n(sec.29-ssec.2) However, the identification, or the need to obtain the agreement, of an interested person in the estate of a deceased holder of a lease entitlement is not a practical obstacle under this Act.\n- (a) that the location of the area of the lease entitlement land can not be clearly identified;\n- (b) that the ownership of improvements on the lease entitlement land needs to be resolved;\n- (c) that competing interests in the lease entitlement land need to be dealt with.","sortOrder":42},{"sectionNumber":"sec.30","sectionType":"section","heading":"Minister refers lease entitlement notice to Land Holding Act stakeholder reference panel or reference entity","content":"### sec.30 Minister refers lease entitlement notice to Land Holding Act stakeholder reference panel or reference entity\n\nAs soon as practicable after a lease entitlement notice is published for a lease entitlement in a trust area, the Minister must refer the notice to—\nif there is a Land Holding Act stakeholder reference panel for the trust area—the Land Holding Act stakeholder reference panel; or\notherwise—the reference entity for the lease entitlement.\nThe Land Holding Act stakeholder reference panel or reference entity may, within 3 months after the notice is referred to it—\nidentify to the Minister any practical obstacles it considers to exist to satisfying the lease entitlement; and\ngive the Minister any advice or recommendation it considers appropriate about satisfying the lease entitlement.\n(sec.30-ssec.1) As soon as practicable after a lease entitlement notice is published for a lease entitlement in a trust area, the Minister must refer the notice to— if there is a Land Holding Act stakeholder reference panel for the trust area—the Land Holding Act stakeholder reference panel; or otherwise—the reference entity for the lease entitlement.\n(sec.30-ssec.2) The Land Holding Act stakeholder reference panel or reference entity may, within 3 months after the notice is referred to it— identify to the Minister any practical obstacles it considers to exist to satisfying the lease entitlement; and give the Minister any advice or recommendation it considers appropriate about satisfying the lease entitlement.\n- (a) if there is a Land Holding Act stakeholder reference panel for the trust area—the Land Holding Act stakeholder reference panel; or\n- (b) otherwise—the reference entity for the lease entitlement.\n- (a) identify to the Minister any practical obstacles it considers to exist to satisfying the lease entitlement; and\n- (b) give the Minister any advice or recommendation it considers appropriate about satisfying the lease entitlement.","sortOrder":43},{"sectionNumber":"sec.31","sectionType":"section","heading":"Minister advises of obstacles and gives statement of reasons","content":"### sec.31 Minister advises of obstacles and gives statement of reasons\n\nThe Minister must consider any information, advice or recommendation given to the Minister by the Land Holding Act stakeholder reference panel or reference entity under section 30 and prepare a statement (a statement of reasons (obstacles) ) about satisfying the lease entitlement.\nThe statement of reasons (obstacles) must—\nidentify, to the extent known—\nthe practical obstacles that exist to the granting of a lease to satisfy the lease entitlement; and\nthe affected persons for the obstacles; and\nexplain the Minister’s reasons for identifying the obstacles and affected persons.\nThe Minister’s statement of reasons (obstacles) may, if appropriate, state that no practical obstacles exist to satisfying the lease entitlement.\nThe Minister must give the statement of reasons (obstacles) to the reference entity for the lease entitlement.\nThe chief executive must take reasonable steps to publish on the department’s website information about statements of reasons (obstacles) that are in effect from time to time.\n(sec.31-ssec.1) The Minister must consider any information, advice or recommendation given to the Minister by the Land Holding Act stakeholder reference panel or reference entity under section 30 and prepare a statement (a statement of reasons (obstacles) ) about satisfying the lease entitlement.\n(sec.31-ssec.2) The statement of reasons (obstacles) must— identify, to the extent known— the practical obstacles that exist to the granting of a lease to satisfy the lease entitlement; and the affected persons for the obstacles; and explain the Minister’s reasons for identifying the obstacles and affected persons.\n(sec.31-ssec.3) The Minister’s statement of reasons (obstacles) may, if appropriate, state that no practical obstacles exist to satisfying the lease entitlement.\n(sec.31-ssec.4) The Minister must give the statement of reasons (obstacles) to the reference entity for the lease entitlement.\n(sec.31-ssec.5) The chief executive must take reasonable steps to publish on the department’s website information about statements of reasons (obstacles) that are in effect from time to time.\n- (a) identify, to the extent known— (i) the practical obstacles that exist to the granting of a lease to satisfy the lease entitlement; and (ii) the affected persons for the obstacles; and\n- (i) the practical obstacles that exist to the granting of a lease to satisfy the lease entitlement; and\n- (ii) the affected persons for the obstacles; and\n- (b) explain the Minister’s reasons for identifying the obstacles and affected persons.\n- (i) the practical obstacles that exist to the granting of a lease to satisfy the lease entitlement; and\n- (ii) the affected persons for the obstacles; and","sortOrder":44},{"sectionNumber":"sec.32","sectionType":"section","heading":"Application about statement of reasons (obstacles)","content":"### sec.32 Application about statement of reasons (obstacles)\n\nThis section applies if—\na statement of reasons (obstacles) is currently in effect for a lease entitlement; and\nthe statement identifies practical obstacles; and\na person (the relevant person ) claims that there are no practical obstacles to the grant of a lease to satisfy the lease entitlement; and\nthe relevant person is a proper applicant for the lease.\nThe relevant person may apply to the Minister for the statement of reasons (obstacles) to be amended to state that there are no practical obstacles to the granting of a lease to satisfy the lease entitlement.\nThe Minister may ask the relevant person for further information to support the application within a stated reasonable period.\nThe Minister must decide the application, and advise the relevant person of the decision, within—\n28 days after the application was made; or\n28 days after the application was made together with any time the Minister reasonably requires to deal with additional information given by the applicant.\nThe Minister may decide the application if the applicant does not provide additional information within the stated period.\n(sec.32-ssec.1) This section applies if— a statement of reasons (obstacles) is currently in effect for a lease entitlement; and the statement identifies practical obstacles; and a person (the relevant person ) claims that there are no practical obstacles to the grant of a lease to satisfy the lease entitlement; and the relevant person is a proper applicant for the lease.\n(sec.32-ssec.2) The relevant person may apply to the Minister for the statement of reasons (obstacles) to be amended to state that there are no practical obstacles to the granting of a lease to satisfy the lease entitlement.\n(sec.32-ssec.3) The Minister may ask the relevant person for further information to support the application within a stated reasonable period.\n(sec.32-ssec.4) The Minister must decide the application, and advise the relevant person of the decision, within— 28 days after the application was made; or 28 days after the application was made together with any time the Minister reasonably requires to deal with additional information given by the applicant.\n(sec.32-ssec.5) The Minister may decide the application if the applicant does not provide additional information within the stated period.\n- (a) a statement of reasons (obstacles) is currently in effect for a lease entitlement; and\n- (b) the statement identifies practical obstacles; and\n- (c) a person (the relevant person ) claims that there are no practical obstacles to the grant of a lease to satisfy the lease entitlement; and\n- (d) the relevant person is a proper applicant for the lease.\n- (a) 28 days after the application was made; or\n- (b) 28 days after the application was made together with any time the Minister reasonably requires to deal with additional information given by the applicant.","sortOrder":45},{"sectionNumber":"sec.33","sectionType":"section","heading":"Refusal to amend statement of reasons (obstacles)","content":"### sec.33 Refusal to amend statement of reasons (obstacles)\n\nIf the Minister refuses to amend the statement of reasons (obstacles) in the way mentioned in section 32 —\nthe notice to the relevant person advising of the decision must include the Minister’s reasons for the decision to refuse; and\nthe relevant person may appeal to the Land Court against the decision; and\nthe relevant person must, in starting the appeal, give the Land Court a copy of the Minister’s reasons; and\nthe Minister must advise the reference entity for the lease entitlement the subject of the application of the starting of the appeal and give the reference entity a copy of the reasons mentioned in paragraph (a) .\nThe appeal must be started within 28 days after the relevant person is given advice of the decision.\nIn deciding the appeal, the court may order the Minister to change the statement of reasons (obstacles) in the way the court considers appropriate.\nIf the court orders the Minister to change the statement of reasons (obstacles), the Minister must give a copy of the changed statement of reasons (obstacles) to—\nthe relevant person; and\nthe reference entity for the lease entitlement.\nThe parties to the appeal are—\nthe relevant person; and\nthe Minister; and\nthe reference entity for the lease entitlement.\n(sec.33-ssec.1) If the Minister refuses to amend the statement of reasons (obstacles) in the way mentioned in section 32 — the notice to the relevant person advising of the decision must include the Minister’s reasons for the decision to refuse; and the relevant person may appeal to the Land Court against the decision; and the relevant person must, in starting the appeal, give the Land Court a copy of the Minister’s reasons; and the Minister must advise the reference entity for the lease entitlement the subject of the application of the starting of the appeal and give the reference entity a copy of the reasons mentioned in paragraph (a) .\n(sec.33-ssec.2) The appeal must be started within 28 days after the relevant person is given advice of the decision.\n(sec.33-ssec.3) In deciding the appeal, the court may order the Minister to change the statement of reasons (obstacles) in the way the court considers appropriate.\n(sec.33-ssec.4) If the court orders the Minister to change the statement of reasons (obstacles), the Minister must give a copy of the changed statement of reasons (obstacles) to— the relevant person; and the reference entity for the lease entitlement.\n(sec.33-ssec.5) The parties to the appeal are— the relevant person; and the Minister; and the reference entity for the lease entitlement.\n- (a) the notice to the relevant person advising of the decision must include the Minister’s reasons for the decision to refuse; and\n- (b) the relevant person may appeal to the Land Court against the decision; and\n- (c) the relevant person must, in starting the appeal, give the Land Court a copy of the Minister’s reasons; and\n- (d) the Minister must advise the reference entity for the lease entitlement the subject of the application of the starting of the appeal and give the reference entity a copy of the reasons mentioned in paragraph (a) .\n- (a) the relevant person; and\n- (b) the reference entity for the lease entitlement.\n- (a) the relevant person; and\n- (b) the Minister; and\n- (c) the reference entity for the lease entitlement.","sortOrder":46},{"sectionNumber":"pt.5","sectionType":"part","heading":"Grants of leases to satisfy lease entitlements","content":"# Grants of leases to satisfy lease entitlements","sortOrder":47},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":48},{"sectionNumber":"sec.34","sectionType":"section","heading":"Operation of pt 5","content":"### sec.34 Operation of pt 5\n\nThis part establishes a process for satisfying a lease entitlement by the granting of a lease.\nIf there are no practical obstacles identified, the Minister may grant a lease to satisfy the lease entitlement under division 2 .\nIf a person applies to the Minister to proceed immediately with the grant of a lease and the application is granted under division 3 , the Minister may grant a lease to satisfy the lease entitlement under division 2 .\nIf there are practical obstacles identified, the Minister may grant a lease to satisfy the lease entitlement under division 4 .\n(sec.34-ssec.1) This part establishes a process for satisfying a lease entitlement by the granting of a lease.\n(sec.34-ssec.2) If there are no practical obstacles identified, the Minister may grant a lease to satisfy the lease entitlement under division 2 .\n(sec.34-ssec.3) If a person applies to the Minister to proceed immediately with the grant of a lease and the application is granted under division 3 , the Minister may grant a lease to satisfy the lease entitlement under division 2 .\n(sec.34-ssec.4) If there are practical obstacles identified, the Minister may grant a lease to satisfy the lease entitlement under division 4 .","sortOrder":49},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Granting lease to satisfy lease entitlement if no obstacles to grant","content":"## Granting lease to satisfy lease entitlement if no obstacles to grant","sortOrder":50},{"sectionNumber":"sec.35","sectionType":"section","heading":"Minister may grant lease","content":"### sec.35 Minister may grant lease\n\nThe Minister may grant a lease in a trust area if—\nthe lease is to satisfy a lease entitlement included in a lease entitlement notice currently in force; and\nthe lease is granted to—\nthe holder of the lease entitlement as identified in the lease entitlement notice whether or not the holder is deceased; or\nif the holder is deceased, an interested person in the estate of the deceased holder; and\neither—\na statement of reasons (obstacles) stating that there are no practical obstacles to granting the lease was given to the reference entity for the lease entitlement as required under part 4 ; or\nafter the Minister has complied with the requirements of division 4 , subdivision 2 , the Minister considers that there are no practical obstacles to granting the lease.\nThe lease must be—\nif the lease entitlement relates to land of not more than 1ha—a lease in perpetuity for a purpose decided by the Minister; or\notherwise—a lease for a term decided by the Minister for a purpose decided by the Minister.\nIn deciding a purpose or a term under subsection (2) , the Minister must have regard to the lease entitlement notice.\nBefore granting a lease under this division, the Minister must notify the person to whom the Minister intends to grant the lease to satisfy the lease entitlement.\nIf the proposed grantee is deceased, the notice under subsection (4) , must, to the extent practicable, be given to interested persons in the estate of the deceased holder.\nThe granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force.\nThe chief executive may publish on the department’s website that the lease entitlement notice has been satisfied by the grant of a lease.\ns 35 amd 2019 No. 17 s 4\n(sec.35-ssec.1) The Minister may grant a lease in a trust area if— the lease is to satisfy a lease entitlement included in a lease entitlement notice currently in force; and the lease is granted to— the holder of the lease entitlement as identified in the lease entitlement notice whether or not the holder is deceased; or if the holder is deceased, an interested person in the estate of the deceased holder; and either— a statement of reasons (obstacles) stating that there are no practical obstacles to granting the lease was given to the reference entity for the lease entitlement as required under part 4 ; or after the Minister has complied with the requirements of division 4 , subdivision 2 , the Minister considers that there are no practical obstacles to granting the lease.\n(sec.35-ssec.2) The lease must be— if the lease entitlement relates to land of not more than 1ha—a lease in perpetuity for a purpose decided by the Minister; or otherwise—a lease for a term decided by the Minister for a purpose decided by the Minister.\n(sec.35-ssec.3) In deciding a purpose or a term under subsection (2) , the Minister must have regard to the lease entitlement notice.\n(sec.35-ssec.4) Before granting a lease under this division, the Minister must notify the person to whom the Minister intends to grant the lease to satisfy the lease entitlement.\n(sec.35-ssec.5) If the proposed grantee is deceased, the notice under subsection (4) , must, to the extent practicable, be given to interested persons in the estate of the deceased holder.\n(sec.35-ssec.6) The granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force.\n(sec.35-ssec.7) The chief executive may publish on the department’s website that the lease entitlement notice has been satisfied by the grant of a lease.\n- (a) the lease is to satisfy a lease entitlement included in a lease entitlement notice currently in force; and\n- (b) the lease is granted to— (i) the holder of the lease entitlement as identified in the lease entitlement notice whether or not the holder is deceased; or (ii) if the holder is deceased, an interested person in the estate of the deceased holder; and\n- (i) the holder of the lease entitlement as identified in the lease entitlement notice whether or not the holder is deceased; or\n- (ii) if the holder is deceased, an interested person in the estate of the deceased holder; and\n- (c) either— (i) a statement of reasons (obstacles) stating that there are no practical obstacles to granting the lease was given to the reference entity for the lease entitlement as required under part 4 ; or (ii) after the Minister has complied with the requirements of division 4 , subdivision 2 , the Minister considers that there are no practical obstacles to granting the lease.\n- (i) a statement of reasons (obstacles) stating that there are no practical obstacles to granting the lease was given to the reference entity for the lease entitlement as required under part 4 ; or\n- (ii) after the Minister has complied with the requirements of division 4 , subdivision 2 , the Minister considers that there are no practical obstacles to granting the lease.\n- (i) the holder of the lease entitlement as identified in the lease entitlement notice whether or not the holder is deceased; or\n- (ii) if the holder is deceased, an interested person in the estate of the deceased holder; and\n- (i) a statement of reasons (obstacles) stating that there are no practical obstacles to granting the lease was given to the reference entity for the lease entitlement as required under part 4 ; or\n- (ii) after the Minister has complied with the requirements of division 4 , subdivision 2 , the Minister considers that there are no practical obstacles to granting the lease.\n- (a) if the lease entitlement relates to land of not more than 1ha—a lease in perpetuity for a purpose decided by the Minister; or\n- (b) otherwise—a lease for a term decided by the Minister for a purpose decided by the Minister.","sortOrder":51},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Application to proceed immediately with the grant of a lease","content":"## Application to proceed immediately with the grant of a lease","sortOrder":52},{"sectionNumber":"sec.36","sectionType":"section","heading":"Application to proceed immediately with the grant of a lease","content":"### sec.36 Application to proceed immediately with the grant of a lease\n\nThis section applies if—\na person considers that the Minister may, under section 35 , grant a lease to satisfy a lease entitlement included in a lease entitlement notice currently in force; and\nthe Minister has not yet taken action to grant the lease; and;\nthere is currently no appeal before the Land Court under section 33 in relation to the lease entitlement; and\nthe person is a proper applicant for the lease.\nThe person may apply to the Minister to proceed immediately with the grant of the lease.\nIf there is no statement of reasons (obstacles) currently in effect for the lease entitlement, the Minister must, within 28 days after the Minister receives the application, take action under part 4 for the preparation of a statement of reasons (obstacles).\nIf there is a statement of reasons (obstacles) currently in effect for the lease entitlement, the Minister must give the applicant a copy of the statement.\nIf there is a statement of reasons (obstacles) currently in effect for the lease entitlement and the statement does not identify practical obstacles, the Minister must—\nadvise the applicant that the Minister intends to grant the lease; and\ngrant the lease as soon as practicable under section 35 .\n(sec.36-ssec.1) This section applies if— a person considers that the Minister may, under section 35 , grant a lease to satisfy a lease entitlement included in a lease entitlement notice currently in force; and the Minister has not yet taken action to grant the lease; and; there is currently no appeal before the Land Court under section 33 in relation to the lease entitlement; and the person is a proper applicant for the lease.\n(sec.36-ssec.2) The person may apply to the Minister to proceed immediately with the grant of the lease.\n(sec.36-ssec.3) If there is no statement of reasons (obstacles) currently in effect for the lease entitlement, the Minister must, within 28 days after the Minister receives the application, take action under part 4 for the preparation of a statement of reasons (obstacles).\n(sec.36-ssec.4) If there is a statement of reasons (obstacles) currently in effect for the lease entitlement, the Minister must give the applicant a copy of the statement.\n(sec.36-ssec.5) If there is a statement of reasons (obstacles) currently in effect for the lease entitlement and the statement does not identify practical obstacles, the Minister must— advise the applicant that the Minister intends to grant the lease; and grant the lease as soon as practicable under section 35 .\n- (a) a person considers that the Minister may, under section 35 , grant a lease to satisfy a lease entitlement included in a lease entitlement notice currently in force; and\n- (b) the Minister has not yet taken action to grant the lease; and;\n- (c) there is currently no appeal before the Land Court under section 33 in relation to the lease entitlement; and\n- (d) the person is a proper applicant for the lease.\n- (a) advise the applicant that the Minister intends to grant the lease; and\n- (b) grant the lease as soon as practicable under section 35 .","sortOrder":53},{"sectionNumber":"sec.37","sectionType":"section","heading":"Consideration of application","content":"### sec.37 Consideration of application\n\nThis section applies to the Minister’s consideration of an application under section 36 .\nThe Minister may ask the applicant for further information to support the application within a stated reasonable period.\nThe Minister must decide the application, and advise the applicant of the decision, within—\n28 days after the application was made; or\n28 days after the application was made together with any time the Minister reasonably requires to deal with additional information given by the applicant; or\nif action is required to be taken for the preparation of a statement of reasons (obstacles) for the lease entitlement, 28 days after—\nthe period for appealing against the correctness of the statement ends; or\nif the statement is appealed—the finalisation of the appeal.\nThe Minister may decide the application if the applicant does not provide additional information within the stated period.\n(sec.37-ssec.1) This section applies to the Minister’s consideration of an application under section 36 .\n(sec.37-ssec.2) The Minister may ask the applicant for further information to support the application within a stated reasonable period.\n(sec.37-ssec.3) The Minister must decide the application, and advise the applicant of the decision, within— 28 days after the application was made; or 28 days after the application was made together with any time the Minister reasonably requires to deal with additional information given by the applicant; or if action is required to be taken for the preparation of a statement of reasons (obstacles) for the lease entitlement, 28 days after— the period for appealing against the correctness of the statement ends; or if the statement is appealed—the finalisation of the appeal.\n(sec.37-ssec.4) The Minister may decide the application if the applicant does not provide additional information within the stated period.\n- (a) 28 days after the application was made; or\n- (b) 28 days after the application was made together with any time the Minister reasonably requires to deal with additional information given by the applicant; or\n- (c) if action is required to be taken for the preparation of a statement of reasons (obstacles) for the lease entitlement, 28 days after— (i) the period for appealing against the correctness of the statement ends; or (ii) if the statement is appealed—the finalisation of the appeal.\n- (i) the period for appealing against the correctness of the statement ends; or\n- (ii) if the statement is appealed—the finalisation of the appeal.\n- (i) the period for appealing against the correctness of the statement ends; or\n- (ii) if the statement is appealed—the finalisation of the appeal.","sortOrder":54},{"sectionNumber":"sec.38","sectionType":"section","heading":"Refusal to proceed immediately with grant of lease","content":"### sec.38 Refusal to proceed immediately with grant of lease\n\nIf the Minister refuses an application to proceed immediately with the grant of a lease under this division—\nthe notice to the applicant advising of the decision must include the Minister’s reasons for the decision to refuse; and\nthe applicant may appeal to the Land Court against the decision; and\nthe applicant must, in starting the appeal, give the Land Court a copy of the Minister’s reasons; and\nthe Minister must advise the reference entity for the lease entitlement the subject of the application of the starting of the appeal and give the reference entity a copy of the reasons mentioned in paragraph (a) .\nThe appeal must be started within 28 days after the applicant is given notice of the decision.\nIf the appeal is successful, the Minister must proceed to grant the lease—\nin compliance with the order of the Land Court; and\nsubject to paragraph (a) —under section 35 .\nThe parties to the appeal are—\nthe applicant; and\nthe Minister; and\nthe reference entity for the lease entitlement.\n(sec.38-ssec.1) If the Minister refuses an application to proceed immediately with the grant of a lease under this division— the notice to the applicant advising of the decision must include the Minister’s reasons for the decision to refuse; and the applicant may appeal to the Land Court against the decision; and the applicant must, in starting the appeal, give the Land Court a copy of the Minister’s reasons; and the Minister must advise the reference entity for the lease entitlement the subject of the application of the starting of the appeal and give the reference entity a copy of the reasons mentioned in paragraph (a) .\n(sec.38-ssec.2) The appeal must be started within 28 days after the applicant is given notice of the decision.\n(sec.38-ssec.3) If the appeal is successful, the Minister must proceed to grant the lease— in compliance with the order of the Land Court; and subject to paragraph (a) —under section 35 .\n(sec.38-ssec.4) The parties to the appeal are— the applicant; and the Minister; and the reference entity for the lease entitlement.\n- (a) the notice to the applicant advising of the decision must include the Minister’s reasons for the decision to refuse; and\n- (b) the applicant may appeal to the Land Court against the decision; and\n- (c) the applicant must, in starting the appeal, give the Land Court a copy of the Minister’s reasons; and\n- (d) the Minister must advise the reference entity for the lease entitlement the subject of the application of the starting of the appeal and give the reference entity a copy of the reasons mentioned in paragraph (a) .\n- (a) in compliance with the order of the Land Court; and\n- (b) subject to paragraph (a) —under section 35 .\n- (a) the applicant; and\n- (b) the Minister; and\n- (c) the reference entity for the lease entitlement.","sortOrder":55},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Granting lease to satisfy lease entitlement if obstacles to grant","content":"## Granting lease to satisfy lease entitlement if obstacles to grant","sortOrder":56},{"sectionNumber":"sec.39","sectionType":"section","heading":"Minister may make deferred grant of lease","content":"### sec.39 Minister may make deferred grant of lease\n\nThe Minister may under this division make a grant (a deferred grant ) of a lease in a trust area to satisfy a lease entitlement included in a lease entitlement notice currently in force if, because of practical obstacles stated in a statement of reasons (obstacles), the Minister can not make a grant under section 35 to satisfy the lease entitlement.\nThe granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force.\nOther provisions of this division state requirements for making a deferred grant.\n(sec.39-ssec.1) The Minister may under this division make a grant (a deferred grant ) of a lease in a trust area to satisfy a lease entitlement included in a lease entitlement notice currently in force if, because of practical obstacles stated in a statement of reasons (obstacles), the Minister can not make a grant under section 35 to satisfy the lease entitlement.\n(sec.39-ssec.2) The granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force.\n(sec.39-ssec.3) Other provisions of this division state requirements for making a deferred grant.","sortOrder":57},{"sectionNumber":"sec.40","sectionType":"section","heading":"Purpose of sdiv 2","content":"### sec.40 Purpose of sdiv 2\n\nThis subdivision states requirements that must be complied with before the Minister may make a deferred grant to satisfy a lease entitlement included in a lease entitlement notice currently in force.","sortOrder":58},{"sectionNumber":"sec.41","sectionType":"section","heading":"Minister may rely on advice","content":"### sec.41 Minister may rely on advice\n\nThe Minister may rely on advice from a Land Holding Act stakeholder reference panel about its consultation with a person to satisfy the Minister’s obligations under this subdivision to consult with the person or seek the person’s agreement.","sortOrder":59},{"sectionNumber":"sec.42","sectionType":"section","heading":"Reference to Land Holding Act stakeholder reference panel","content":"### sec.42 Reference to Land Holding Act stakeholder reference panel\n\nThis section applies if there is a Land Holding Act stakeholder reference panel for the trust area for the lease entitlement.\nThe Minister must refer to the panel, for its consideration, the statement of reasons (obstacles) about satisfying the lease entitlement.\nThe panel may consult with any person and give the Minister any advice or recommendation it considers appropriate about satisfying the lease entitlement, having regard to the statement of reasons (obstacles).\nThe Minister must, to the extent necessary for the giving of advice or a recommendation under subsection (3) , give the panel access to copies of information and documents used in preparing the lease entitlement notice for the lease entitlement.\n(sec.42-ssec.1) This section applies if there is a Land Holding Act stakeholder reference panel for the trust area for the lease entitlement.\n(sec.42-ssec.2) The Minister must refer to the panel, for its consideration, the statement of reasons (obstacles) about satisfying the lease entitlement.\n(sec.42-ssec.3) The panel may consult with any person and give the Minister any advice or recommendation it considers appropriate about satisfying the lease entitlement, having regard to the statement of reasons (obstacles).\n(sec.42-ssec.4) The Minister must, to the extent necessary for the giving of advice or a recommendation under subsection (3) , give the panel access to copies of information and documents used in preparing the lease entitlement notice for the lease entitlement.","sortOrder":60},{"sectionNumber":"sec.43","sectionType":"section","heading":"Persons to be consulted","content":"### sec.43 Persons to be consulted\n\nThis section applies if the Minister is satisfied that there is a person who ought to be consulted about, or whose agreement is required, to the grant of a lease to satisfy the lease entitlement.\nWithout limiting subsection (1) , a person who ought to be consulted includes the holder of the lease entitlement or, if the holder is deceased, any interested person in the estate of the deceased holder.\nThe Minister must consult with the person, or seek the person’s agreement, before making the deferred grant.\n(sec.43-ssec.1) This section applies if the Minister is satisfied that there is a person who ought to be consulted about, or whose agreement is required, to the grant of a lease to satisfy the lease entitlement.\n(sec.43-ssec.2) Without limiting subsection (1) , a person who ought to be consulted includes the holder of the lease entitlement or, if the holder is deceased, any interested person in the estate of the deceased holder.\n(sec.43-ssec.3) The Minister must consult with the person, or seek the person’s agreement, before making the deferred grant.","sortOrder":61},{"sectionNumber":"sec.44","sectionType":"section","heading":"Location of lease","content":"### sec.44 Location of lease\n\nThis section applies if the statement of reasons (obstacles) identifies as an obstacle that the location of the lease entitlement land is unclear.\nThe Minister must seek to identify clear boundaries of a lease to be granted to satisfy the lease entitlement, and seek the agreement to the identified boundaries of any other person whose agreement is needed for the grant of a lease with those boundaries.\n(sec.44-ssec.1) This section applies if the statement of reasons (obstacles) identifies as an obstacle that the location of the lease entitlement land is unclear.\n(sec.44-ssec.2) The Minister must seek to identify clear boundaries of a lease to be granted to satisfy the lease entitlement, and seek the agreement to the identified boundaries of any other person whose agreement is needed for the grant of a lease with those boundaries.","sortOrder":62},{"sectionNumber":"sec.45","sectionType":"section","heading":"Ownership of improvements","content":"### sec.45 Ownership of improvements\n\nThis section applies if the statement of reasons (obstacles) identifies as an obstacle that the ownership of an improvement on the lease entitlement land needs to be resolved.\nThe Minister must consult with any person having an interest in the improvement and seek to ensure that the grant of a lease to satisfy the lease entitlement, and that affects an interest in the improvement, happens with the agreement of any person having an interest in the improvement.\nAn agreement under subsection (2) may be an agreement to transfer an improvement that is a social housing dwelling.\nSection 62 states requirements for deciding the value of the social housing dwelling for the transfer.\n(sec.45-ssec.1) This section applies if the statement of reasons (obstacles) identifies as an obstacle that the ownership of an improvement on the lease entitlement land needs to be resolved.\n(sec.45-ssec.2) The Minister must consult with any person having an interest in the improvement and seek to ensure that the grant of a lease to satisfy the lease entitlement, and that affects an interest in the improvement, happens with the agreement of any person having an interest in the improvement.\n(sec.45-ssec.3) An agreement under subsection (2) may be an agreement to transfer an improvement that is a social housing dwelling. Section 62 states requirements for deciding the value of the social housing dwelling for the transfer.","sortOrder":63},{"sectionNumber":"sec.46","sectionType":"section","heading":"Minister may make agreed deferred grant","content":"### sec.46 Minister may make agreed deferred grant\n\nThe Minister may make a deferred grant of a lease (an agreed deferred grant ) in a trust area if—\nthe lease is to satisfy a lease entitlement included in a lease entitlement notice currently in force; and\nthe Minister has complied with the requirements of subdivision 2 ; and\nthe Minister considers all agreements necessary to support the making of the grant (the relevant agreements ) have been entered into.\nThe Minister may grant the lease subject to conditions that are consistent with the relevant agreements.\nBefore granting a lease, the Minister must—\nprepare a statement explaining the proposed approach to satisfying the lease entitlement; and\nnotify the person to whom the Minister intends to grant the lease to satisfy the lease entitlement and give the person a copy of the statement mentioned in paragraph (a) .\nThe granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force.\nThe chief executive may publish on the department’s website that the lease entitlement notice has been satisfied by the grant of a lease.\n(sec.46-ssec.1) The Minister may make a deferred grant of a lease (an agreed deferred grant ) in a trust area if— the lease is to satisfy a lease entitlement included in a lease entitlement notice currently in force; and the Minister has complied with the requirements of subdivision 2 ; and the Minister considers all agreements necessary to support the making of the grant (the relevant agreements ) have been entered into.\n(sec.46-ssec.2) The Minister may grant the lease subject to conditions that are consistent with the relevant agreements.\n(sec.46-ssec.3) Before granting a lease, the Minister must— prepare a statement explaining the proposed approach to satisfying the lease entitlement; and notify the person to whom the Minister intends to grant the lease to satisfy the lease entitlement and give the person a copy of the statement mentioned in paragraph (a) .\n(sec.46-ssec.4) The granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force.\n(sec.46-ssec.5) The chief executive may publish on the department’s website that the lease entitlement notice has been satisfied by the grant of a lease.\n- (a) the lease is to satisfy a lease entitlement included in a lease entitlement notice currently in force; and\n- (b) the Minister has complied with the requirements of subdivision 2 ; and\n- (c) the Minister considers all agreements necessary to support the making of the grant (the relevant agreements ) have been entered into.\n- (a) prepare a statement explaining the proposed approach to satisfying the lease entitlement; and\n- (b) notify the person to whom the Minister intends to grant the lease to satisfy the lease entitlement and give the person a copy of the statement mentioned in paragraph (a) .","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":"Application to Land Court in absence of agreement","content":"### sec.47 Application to Land Court in absence of agreement\n\nThe Minister may apply to the Land Court to make a deferred grant of a lease (a contested deferred grant ) to satisfy a lease entitlement if the Minister considers that not all agreements necessary to support the making of the grant have been entered into.\nThe application must include the following—\ndetails of the lease entitlement;\ndetails of the proposed contested deferred grant, including—\nthe proposed grantee of the lease; and\nthe proposed boundaries of the lease;\na copy of the statement of reasons (obstacles) currently in effect for the lease entitlement;\na record of the consultation about the lease entitlement that took place under this division;\ncopies of any agreements that have been entered into to support the making of the grant;\ndetails about proposed conditions that are—\nto be complied with before the lease is granted; or\nto be imposed on the lease when it is granted;\na statement of reasons ( statement of reasons (contested deferred grant) ) explaining the proposed approach to satisfying the lease entitlement.\nThe statement of reasons (contested deferred grant) must include details of the persons whose agreement has not been obtained, but would be required, for the making of the proposed grant as an agreed deferred grant rather than as a contested deferred grant.\n(sec.47-ssec.1) The Minister may apply to the Land Court to make a deferred grant of a lease (a contested deferred grant ) to satisfy a lease entitlement if the Minister considers that not all agreements necessary to support the making of the grant have been entered into.\n(sec.47-ssec.2) The application must include the following— details of the lease entitlement; details of the proposed contested deferred grant, including— the proposed grantee of the lease; and the proposed boundaries of the lease; a copy of the statement of reasons (obstacles) currently in effect for the lease entitlement; a record of the consultation about the lease entitlement that took place under this division; copies of any agreements that have been entered into to support the making of the grant; details about proposed conditions that are— to be complied with before the lease is granted; or to be imposed on the lease when it is granted; a statement of reasons ( statement of reasons (contested deferred grant) ) explaining the proposed approach to satisfying the lease entitlement.\n(sec.47-ssec.3) The statement of reasons (contested deferred grant) must include details of the persons whose agreement has not been obtained, but would be required, for the making of the proposed grant as an agreed deferred grant rather than as a contested deferred grant.\n- (a) details of the lease entitlement;\n- (b) details of the proposed contested deferred grant, including— (i) the proposed grantee of the lease; and (ii) the proposed boundaries of the lease;\n- (i) the proposed grantee of the lease; and\n- (ii) the proposed boundaries of the lease;\n- (c) a copy of the statement of reasons (obstacles) currently in effect for the lease entitlement;\n- (d) a record of the consultation about the lease entitlement that took place under this division;\n- (e) copies of any agreements that have been entered into to support the making of the grant;\n- (f) details about proposed conditions that are— (i) to be complied with before the lease is granted; or (ii) to be imposed on the lease when it is granted;\n- (i) to be complied with before the lease is granted; or\n- (ii) to be imposed on the lease when it is granted;\n- (g) a statement of reasons ( statement of reasons (contested deferred grant) ) explaining the proposed approach to satisfying the lease entitlement.\n- (i) the proposed grantee of the lease; and\n- (ii) the proposed boundaries of the lease;\n- (i) to be complied with before the lease is granted; or\n- (ii) to be imposed on the lease when it is granted;","sortOrder":65},{"sectionNumber":"sec.48","sectionType":"section","heading":"Decision of Land Court for contested deferred grant","content":"### sec.48 Decision of Land Court for contested deferred grant\n\nThe Land Court must decide the application.\nIn deciding the application, the court must decide—\nwhether the requirements of this division have been complied with; and\nwhether it is reasonable that the application be granted.\nThe court may—\ngrant the application, whether or not subject to conditions; or\nrefuse the application; or\nmake any order the court considers appropriate.\nThe parties to the proceeding before the Land Court are—\nthe Minister; and\nthe proposed grantee under the proposed contested deferred grant; and\neach party to an agreement supporting the making of the proposed contested deferred grant; and\nall persons identified by the Minister in the statement of reasons (contested deferred grant) as persons whose agreement has not been obtained; and\nthe reference entity for the lease entitlement.\nThe Minister must make a contested deferred grant as decided by the Land Court.\nThe granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force.\nThe chief executive may publish on the department’s website that the lease entitlement notice has been satisfied by the grant of a lease.\n(sec.48-ssec.1) The Land Court must decide the application.\n(sec.48-ssec.2) In deciding the application, the court must decide— whether the requirements of this division have been complied with; and whether it is reasonable that the application be granted.\n(sec.48-ssec.3) The court may— grant the application, whether or not subject to conditions; or refuse the application; or make any order the court considers appropriate.\n(sec.48-ssec.4) The parties to the proceeding before the Land Court are— the Minister; and the proposed grantee under the proposed contested deferred grant; and each party to an agreement supporting the making of the proposed contested deferred grant; and all persons identified by the Minister in the statement of reasons (contested deferred grant) as persons whose agreement has not been obtained; and the reference entity for the lease entitlement.\n(sec.48-ssec.5) The Minister must make a contested deferred grant as decided by the Land Court.\n(sec.48-ssec.6) The granting of the lease satisfies the lease entitlement and the lease entitlement notice ceases to be a lease entitlement notice currently in force.\n(sec.48-ssec.7) The chief executive may publish on the department’s website that the lease entitlement notice has been satisfied by the grant of a lease.\n- (a) whether the requirements of this division have been complied with; and\n- (b) whether it is reasonable that the application be granted.\n- (a) grant the application, whether or not subject to conditions; or\n- (b) refuse the application; or\n- (c) make any order the court considers appropriate.\n- (a) the Minister; and\n- (b) the proposed grantee under the proposed contested deferred grant; and\n- (c) each party to an agreement supporting the making of the proposed contested deferred grant; and\n- (d) all persons identified by the Minister in the statement of reasons (contested deferred grant) as persons whose agreement has not been obtained; and\n- (e) the reference entity for the lease entitlement.","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"Compensation for grantee in circumstances of contested deferred grant","content":"### sec.49 Compensation for grantee in circumstances of contested deferred grant\n\nIf an order of the Land Court, in a decision on an application for a contested deferred grant, provides for the granting of a lease over land that is to any extent different in area or location from the lease entitlement land, and the contested deferred grant will operate to the detriment of the proposed grantee, the proposed grantee (the applicant ) may apply to the Land Court for an order that the State pay an amount of compensation.\nThe Land Court must decide the application.\nThe amount of compensation the court may order must be only the amount reasonably necessary to compensate the applicant for—\nthe extent to which the value of the applicant’s interest in land or improvements has been decreased without a compensating increase in the value of the applicant’s interest in land or improvements; and\nexpenses to be incurred by the applicant in taking practical measures needed because of the contested deferred grant.\nThe application must be made within 28 days, or a longer period approved by the court, after the court decides the application to make the contested deferred grant.\nThe parties to the proceeding before the Land Court are—\nthe Minister; and\nthe proposed grantee under the proposed contested deferred grant.\n(sec.49-ssec.1) If an order of the Land Court, in a decision on an application for a contested deferred grant, provides for the granting of a lease over land that is to any extent different in area or location from the lease entitlement land, and the contested deferred grant will operate to the detriment of the proposed grantee, the proposed grantee (the applicant ) may apply to the Land Court for an order that the State pay an amount of compensation.\n(sec.49-ssec.2) The Land Court must decide the application.\n(sec.49-ssec.3) The amount of compensation the court may order must be only the amount reasonably necessary to compensate the applicant for— the extent to which the value of the applicant’s interest in land or improvements has been decreased without a compensating increase in the value of the applicant’s interest in land or improvements; and expenses to be incurred by the applicant in taking practical measures needed because of the contested deferred grant.\n(sec.49-ssec.4) The application must be made within 28 days, or a longer period approved by the court, after the court decides the application to make the contested deferred grant.\n(sec.49-ssec.5) The parties to the proceeding before the Land Court are— the Minister; and the proposed grantee under the proposed contested deferred grant.\n- (a) the extent to which the value of the applicant’s interest in land or improvements has been decreased without a compensating increase in the value of the applicant’s interest in land or improvements; and\n- (b) expenses to be incurred by the applicant in taking practical measures needed because of the contested deferred grant.\n- (a) the Minister; and\n- (b) the proposed grantee under the proposed contested deferred grant.","sortOrder":67},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"New Act granted leases generally","content":"## New Act granted leases generally","sortOrder":68},{"sectionNumber":"sec.50","sectionType":"section","heading":"New Act granted leases","content":"### sec.50 New Act granted leases\n\nThe lessor of a new Act granted lease is—\nthe trustee of the trust area; or\nif the lease land is also the subject of a townsite lease under ALA or TSILA —the lessee under the townsite lease.\nA new Act granted lease is subject to—\nconditions recorded on the instrument of lease on the granting of the lease; and\nthe conditions provided for under part 8 ; and\nthe provisions of ALA or TSILA as provided for under part 9 .\n(sec.50-ssec.1) The lessor of a new Act granted lease is— the trustee of the trust area; or if the lease land is also the subject of a townsite lease under ALA or TSILA —the lessee under the townsite lease.\n(sec.50-ssec.2) A new Act granted lease is subject to— conditions recorded on the instrument of lease on the granting of the lease; and the conditions provided for under part 8 ; and the provisions of ALA or TSILA as provided for under part 9 .\n- (a) the trustee of the trust area; or\n- (b) if the lease land is also the subject of a townsite lease under ALA or TSILA —the lessee under the townsite lease.\n- (a) conditions recorded on the instrument of lease on the granting of the lease; and\n- (b) the conditions provided for under part 8 ; and\n- (c) the provisions of ALA or TSILA as provided for under part 9 .","sortOrder":69},{"sectionNumber":"pt.6","sectionType":"part","heading":"Boundary relocations for particular 1985 Act granted leases","content":"# Boundary relocations for particular 1985 Act granted leases","sortOrder":70},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":71},{"sectionNumber":"sec.51","sectionType":"section","heading":"Operation of pt 6","content":"### sec.51 Operation of pt 6\n\nThis part establishes a process for the Minister to—\nidentify boundary problems affecting some 1985 Act granted leases; and\nobtain advice from a Land Holding Act stakeholder reference panel or reference entity about resolving the boundary problems; and\nrelocate the boundaries of 1985 Act granted leases in compliance with a decision of the Land Court under division 3 or 4 .\n- (a) identify boundary problems affecting some 1985 Act granted leases; and\n- (b) obtain advice from a Land Holding Act stakeholder reference panel or reference entity about resolving the boundary problems; and\n- (c) relocate the boundaries of 1985 Act granted leases in compliance with a decision of the Land Court under division 3 or 4 .","sortOrder":72},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Consultation about boundary relocations","content":"## Consultation about boundary relocations","sortOrder":73},{"sectionNumber":"sec.52","sectionType":"section","heading":"Consultation about boundaries of lease","content":"### sec.52 Consultation about boundaries of lease\n\nThis section applies if the Minister considers that it is not practicable for a 1985 Act granted lease to continue to have its boundaries in their current location, having regard to circumstances that have arisen since the lease was originally granted.\nThe Minister must advise the lessee and the reference entity for the lease of the reasons the Minister considers it is not practicable for the 1985 Act granted lease to continue to have its boundaries in their current location.\nThe Minister must consult with—\nthe lessee; and\nthe reference entity; and\nany person who, in the Minister’s opinion, is required to agree to a relocation of the lease boundaries.\nIf there is a Land Holding Act stakeholder reference panel for the trust area where the lease is located, the Minister must refer the boundaries of the lease to the panel.\nThe Land Holding Act stakeholder reference panel may—\nconsult with the lessee; and\nconsult with any other person it considers appropriate; and\ngive the Minister any advice or recommendation it considers appropriate.\nThe Minister may rely on advice from the panel about its consultation with a person to satisfy the Minister’s obligations under this section to consult with the person.\n(sec.52-ssec.1) This section applies if the Minister considers that it is not practicable for a 1985 Act granted lease to continue to have its boundaries in their current location, having regard to circumstances that have arisen since the lease was originally granted.\n(sec.52-ssec.2) The Minister must advise the lessee and the reference entity for the lease of the reasons the Minister considers it is not practicable for the 1985 Act granted lease to continue to have its boundaries in their current location.\n(sec.52-ssec.3) The Minister must consult with— the lessee; and the reference entity; and any person who, in the Minister’s opinion, is required to agree to a relocation of the lease boundaries.\n(sec.52-ssec.4) If there is a Land Holding Act stakeholder reference panel for the trust area where the lease is located, the Minister must refer the boundaries of the lease to the panel.\n(sec.52-ssec.5) The Land Holding Act stakeholder reference panel may— consult with the lessee; and consult with any other person it considers appropriate; and give the Minister any advice or recommendation it considers appropriate.\n(sec.52-ssec.6) The Minister may rely on advice from the panel about its consultation with a person to satisfy the Minister’s obligations under this section to consult with the person.\n- (a) the lessee; and\n- (b) the reference entity; and\n- (c) any person who, in the Minister’s opinion, is required to agree to a relocation of the lease boundaries.\n- (a) consult with the lessee; and\n- (b) consult with any other person it considers appropriate; and\n- (c) give the Minister any advice or recommendation it considers appropriate.","sortOrder":74},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Agreed boundary relocation","content":"## Agreed boundary relocation","sortOrder":75},{"sectionNumber":"sec.53","sectionType":"section","heading":"Application to Land Court in case of agreement","content":"### sec.53 Application to Land Court in case of agreement\n\nThe Minister may apply to the Land Court for the relocation of the boundaries of a 1985 Act granted lease (an agreed boundary relocation ) if the Minister considers all agreements necessary to support the boundary relocation have been entered into.\nThe application must include the following—\ndetails of the lease as currently granted;\ndetails of the proposed agreed boundary relocation, including—\nthe boundaries of the lease as currently located; and\nthe proposed boundaries of the lease;\na record of the consultation that took place under this part about the boundaries of the lease;\ncopies of all agreements that have been entered into, and that are the agreements necessary, to support the boundary relocation;\ndetails about conditions that are to be complied with before or after the boundary relocation;\na statement of reasons explaining the proposed approach to relocating the lease boundaries by agreement.\n(sec.53-ssec.1) The Minister may apply to the Land Court for the relocation of the boundaries of a 1985 Act granted lease (an agreed boundary relocation ) if the Minister considers all agreements necessary to support the boundary relocation have been entered into.\n(sec.53-ssec.2) The application must include the following— details of the lease as currently granted; details of the proposed agreed boundary relocation, including— the boundaries of the lease as currently located; and the proposed boundaries of the lease; a record of the consultation that took place under this part about the boundaries of the lease; copies of all agreements that have been entered into, and that are the agreements necessary, to support the boundary relocation; details about conditions that are to be complied with before or after the boundary relocation; a statement of reasons explaining the proposed approach to relocating the lease boundaries by agreement.\n- (a) details of the lease as currently granted;\n- (b) details of the proposed agreed boundary relocation, including— (i) the boundaries of the lease as currently located; and (ii) the proposed boundaries of the lease;\n- (i) the boundaries of the lease as currently located; and\n- (ii) the proposed boundaries of the lease;\n- (c) a record of the consultation that took place under this part about the boundaries of the lease;\n- (d) copies of all agreements that have been entered into, and that are the agreements necessary, to support the boundary relocation;\n- (e) details about conditions that are to be complied with before or after the boundary relocation;\n- (f) a statement of reasons explaining the proposed approach to relocating the lease boundaries by agreement.\n- (i) the boundaries of the lease as currently located; and\n- (ii) the proposed boundaries of the lease;","sortOrder":76},{"sectionNumber":"sec.54","sectionType":"section","heading":"Decision of Land Court for agreed boundary relocation","content":"### sec.54 Decision of Land Court for agreed boundary relocation\n\nThe Land Court must decide the application.\nIn deciding the application, the court must decide whether—\nthe requirements of this part have been complied with; and\nall agreements necessary to support the boundary relocation have been entered into.\nThe court may—\ngrant the application; or\nrefuse the application; or\nrefer the application back to the Minister with any order the court considers appropriate.\nThe parties to the proceeding before the Land Court are—\nthe Minister; and\nthe lessee of the lease; and\nthe lessor of the lease; and\neach party to an agreement supporting the proposed agreed boundary relocation.\n(sec.54-ssec.1) The Land Court must decide the application.\n(sec.54-ssec.2) In deciding the application, the court must decide whether— the requirements of this part have been complied with; and all agreements necessary to support the boundary relocation have been entered into.\n(sec.54-ssec.3) The court may— grant the application; or refuse the application; or refer the application back to the Minister with any order the court considers appropriate.\n(sec.54-ssec.4) The parties to the proceeding before the Land Court are— the Minister; and the lessee of the lease; and the lessor of the lease; and each party to an agreement supporting the proposed agreed boundary relocation.\n- (a) the requirements of this part have been complied with; and\n- (b) all agreements necessary to support the boundary relocation have been entered into.\n- (a) grant the application; or\n- (b) refuse the application; or\n- (c) refer the application back to the Minister with any order the court considers appropriate.\n- (a) the Minister; and\n- (b) the lessee of the lease; and\n- (c) the lessor of the lease; and\n- (d) each party to an agreement supporting the proposed agreed boundary relocation.","sortOrder":77},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Contested boundary relocation","content":"## Contested boundary relocation","sortOrder":78},{"sectionNumber":"sec.55","sectionType":"section","heading":"Application to Land Court in absence of agreement","content":"### sec.55 Application to Land Court in absence of agreement\n\nThe Minister may apply to the Land Court for the relocation of the boundaries of a 1985 Act granted lease (a contested boundary relocation ) if the Minister considers that not all agreements necessary to support the boundary relocation have been entered into.\nThe application must include the following—\ndetails of the lease as currently granted;\ndetails of the proposed contested boundary relocation, including—\nthe boundaries of the lease as currently located; and\nthe proposed boundaries of the lease;\na record of the consultation that took place under this part about the boundaries of the lease;\ncopies of any agreements that have been entered into to support the boundary relocation;\ndetails about conditions that are to be complied with before or after the boundary relocation;\na statement of reasons ( statement of reasons (contested boundary relocation) ) explaining the proposed approach to relocating the lease boundaries.\nThe statement of reasons (contested boundary relocation) must include details of the persons whose agreement has not been obtained, but would be required, to relocate the boundaries as proposed as an agreed boundary relocation rather than as a contested boundary relocation.\n(sec.55-ssec.1) The Minister may apply to the Land Court for the relocation of the boundaries of a 1985 Act granted lease (a contested boundary relocation ) if the Minister considers that not all agreements necessary to support the boundary relocation have been entered into.\n(sec.55-ssec.2) The application must include the following— details of the lease as currently granted; details of the proposed contested boundary relocation, including— the boundaries of the lease as currently located; and the proposed boundaries of the lease; a record of the consultation that took place under this part about the boundaries of the lease; copies of any agreements that have been entered into to support the boundary relocation; details about conditions that are to be complied with before or after the boundary relocation; a statement of reasons ( statement of reasons (contested boundary relocation) ) explaining the proposed approach to relocating the lease boundaries.\n(sec.55-ssec.3) The statement of reasons (contested boundary relocation) must include details of the persons whose agreement has not been obtained, but would be required, to relocate the boundaries as proposed as an agreed boundary relocation rather than as a contested boundary relocation.\n- (a) details of the lease as currently granted;\n- (b) details of the proposed contested boundary relocation, including— (i) the boundaries of the lease as currently located; and (ii) the proposed boundaries of the lease;\n- (i) the boundaries of the lease as currently located; and\n- (ii) the proposed boundaries of the lease;\n- (c) a record of the consultation that took place under this part about the boundaries of the lease;\n- (d) copies of any agreements that have been entered into to support the boundary relocation;\n- (e) details about conditions that are to be complied with before or after the boundary relocation;\n- (f) a statement of reasons ( statement of reasons (contested boundary relocation) ) explaining the proposed approach to relocating the lease boundaries.\n- (i) the boundaries of the lease as currently located; and\n- (ii) the proposed boundaries of the lease;","sortOrder":79},{"sectionNumber":"sec.56","sectionType":"section","heading":"Decision of Land Court for contested boundary relocation","content":"### sec.56 Decision of Land Court for contested boundary relocation\n\nThe Land Court must decide the application.\nIn deciding the application, the court must decide whether—\nthe requirements of this part have been complied with; and\nit is reasonable that the application be granted.\nThe court may—\ngrant the application, whether or not subject to conditions; or\nrefuse the application; or\nmake any order the court considers appropriate.\nThe parties to the proceeding before the Land Court are—\nthe Minister; and\nthe lessee of the lease; and\nthe lessor of the lease; and\neach party to an agreement supporting the proposed contested boundary relocation; and\nall persons identified by the Minister in the statement of reasons (contested boundary relocation) as persons whose agreement has not been obtained.\n(sec.56-ssec.1) The Land Court must decide the application.\n(sec.56-ssec.2) In deciding the application, the court must decide whether— the requirements of this part have been complied with; and it is reasonable that the application be granted.\n(sec.56-ssec.3) The court may— grant the application, whether or not subject to conditions; or refuse the application; or make any order the court considers appropriate.\n(sec.56-ssec.4) The parties to the proceeding before the Land Court are— the Minister; and the lessee of the lease; and the lessor of the lease; and each party to an agreement supporting the proposed contested boundary relocation; and all persons identified by the Minister in the statement of reasons (contested boundary relocation) as persons whose agreement has not been obtained.\n- (a) the requirements of this part have been complied with; and\n- (b) it is reasonable that the application be granted.\n- (a) grant the application, whether or not subject to conditions; or\n- (b) refuse the application; or\n- (c) make any order the court considers appropriate.\n- (a) the Minister; and\n- (b) the lessee of the lease; and\n- (c) the lessor of the lease; and\n- (d) each party to an agreement supporting the proposed contested boundary relocation; and\n- (e) all persons identified by the Minister in the statement of reasons (contested boundary relocation) as persons whose agreement has not been obtained.","sortOrder":80},{"sectionNumber":"sec.57","sectionType":"section","heading":"Compensation for lessee in circumstances of contested boundary relocation","content":"### sec.57 Compensation for lessee in circumstances of contested boundary relocation\n\nIf an order of the Land Court, in a decision on an application for a contested boundary relocation, provides for a boundary relocation that will operate to the detriment of the lessee of the 1985 Act granted lease, the lessee may apply to the Land Court for an order that the State pay an amount of compensation.\nThe Land Court must decide the application.\nThe amount of compensation the court may order must be only the amount reasonably necessary to compensate the applicant for—\nthe extent to which the value of the lessee’s interest in land or improvements has been decreased without a compensating increase in the value of the lessee’s interest in land or improvements; and\nexpenses to be incurred by the lessee in taking practical measures needed because of the contested boundary relocation.\nThe application must be made within 28 days, or a longer period approved by the court, after the court decides the application to make the contested boundary relocation.\nThe parties to the proceeding before the Land Court are—\nthe Minister; and\nthe lessee.\n(sec.57-ssec.1) If an order of the Land Court, in a decision on an application for a contested boundary relocation, provides for a boundary relocation that will operate to the detriment of the lessee of the 1985 Act granted lease, the lessee may apply to the Land Court for an order that the State pay an amount of compensation.\n(sec.57-ssec.2) The Land Court must decide the application.\n(sec.57-ssec.3) The amount of compensation the court may order must be only the amount reasonably necessary to compensate the applicant for— the extent to which the value of the lessee’s interest in land or improvements has been decreased without a compensating increase in the value of the lessee’s interest in land or improvements; and expenses to be incurred by the lessee in taking practical measures needed because of the contested boundary relocation.\n(sec.57-ssec.4) The application must be made within 28 days, or a longer period approved by the court, after the court decides the application to make the contested boundary relocation.\n(sec.57-ssec.5) The parties to the proceeding before the Land Court are— the Minister; and the lessee.\n- (a) the extent to which the value of the lessee’s interest in land or improvements has been decreased without a compensating increase in the value of the lessee’s interest in land or improvements; and\n- (b) expenses to be incurred by the lessee in taking practical measures needed because of the contested boundary relocation.\n- (a) the Minister; and\n- (b) the lessee.","sortOrder":81},{"sectionNumber":"pt.6-div.5","sectionType":"division","heading":"Recording boundary relocation","content":"## Recording boundary relocation","sortOrder":82},{"sectionNumber":"sec.58","sectionType":"section","heading":"Recording of boundary relocation","content":"### sec.58 Recording of boundary relocation\n\nThe Minister must ensure that a plan of survey, capable of registration in a register kept under the Land Act or Land Title Act , is prepared and registered for the relocation of the boundaries of the lease as provided for in the order of the Land Court on an application under section 53 or 55 .\nThe chief executive, or, as appropriate, the registrar, must make any necessary change in the appropriate register to record—\nthe relocation of the boundaries of the lease; and\nthe amendment of any other interest as provided for in the order of the Land Court under section 54 or 56 .\nOn the registration of the plan of survey—\nthe lessee’s interest in any land that is not included within the relocated boundaries ceases; and\nthe lease land for the 1985 Act granted lease is the land within the relocated boundaries.\n(sec.58-ssec.1) The Minister must ensure that a plan of survey, capable of registration in a register kept under the Land Act or Land Title Act , is prepared and registered for the relocation of the boundaries of the lease as provided for in the order of the Land Court on an application under section 53 or 55 .\n(sec.58-ssec.2) The chief executive, or, as appropriate, the registrar, must make any necessary change in the appropriate register to record— the relocation of the boundaries of the lease; and the amendment of any other interest as provided for in the order of the Land Court under section 54 or 56 .\n(sec.58-ssec.3) On the registration of the plan of survey— the lessee’s interest in any land that is not included within the relocated boundaries ceases; and the lease land for the 1985 Act granted lease is the land within the relocated boundaries.\n- (a) the relocation of the boundaries of the lease; and\n- (b) the amendment of any other interest as provided for in the order of the Land Court under section 54 or 56 .\n- (a) the lessee’s interest in any land that is not included within the relocated boundaries ceases; and\n- (b) the lease land for the 1985 Act granted lease is the land within the relocated boundaries.","sortOrder":83},{"sectionNumber":"pt.7","sectionType":"part","heading":"Ownership of structural improvements","content":"# Ownership of structural improvements","sortOrder":84},{"sectionNumber":"sec.59","sectionType":"section","heading":"Ownership of improvements continues","content":"### sec.59 Ownership of improvements continues\n\nThis section applies to a structural improvement that is located on land that—\non the commencement of the section, is lease land for a 1985 Act granted lease; or\nimmediately before the commencement of the section, was the subject of an approval, under the 1985 Land Holding Act , capable of forming the basis of a lease entitlement.\nThe ownership of the improvement is not affected by the repeal of the 1985 Land Holding Act or the commencement of this Act.\n(sec.59-ssec.1) This section applies to a structural improvement that is located on land that— on the commencement of the section, is lease land for a 1985 Act granted lease; or immediately before the commencement of the section, was the subject of an approval, under the 1985 Land Holding Act , capable of forming the basis of a lease entitlement.\n(sec.59-ssec.2) The ownership of the improvement is not affected by the repeal of the 1985 Land Holding Act or the commencement of this Act.\n- (a) on the commencement of the section, is lease land for a 1985 Act granted lease; or\n- (b) immediately before the commencement of the section, was the subject of an approval, under the 1985 Land Holding Act , capable of forming the basis of a lease entitlement.","sortOrder":85},{"sectionNumber":"sec.60","sectionType":"section","heading":"Agreement or arrangement for 1985 Land Holding Act , s 15","content":"### sec.60 Agreement or arrangement for 1985 Land Holding Act , s 15\n\nThis section applies if, immediately before the commencement of the section, an agreement or arrangement for the purposes of the 1985 Land Holding Act , section 15 (1) existed for the purchase of an improvement.\nFor subsection (1) , it does not matter—\nwhether the price and the terms and conditions of the purchase were approved by the Governor in Council under the 1985 Land Holding Act , section 15 (1) ; or\nwhether the improvement is located on lease land for a 1985 Act granted lease or on lease entitlement land.\nThe agreement or arrangement continues in force.\n(sec.60-ssec.1) This section applies if, immediately before the commencement of the section, an agreement or arrangement for the purposes of the 1985 Land Holding Act , section 15 (1) existed for the purchase of an improvement.\n(sec.60-ssec.2) For subsection (1) , it does not matter— whether the price and the terms and conditions of the purchase were approved by the Governor in Council under the 1985 Land Holding Act , section 15 (1) ; or whether the improvement is located on lease land for a 1985 Act granted lease or on lease entitlement land.\n(sec.60-ssec.3) The agreement or arrangement continues in force.\n- (a) whether the price and the terms and conditions of the purchase were approved by the Governor in Council under the 1985 Land Holding Act , section 15 (1) ; or\n- (b) whether the improvement is located on lease land for a 1985 Act granted lease or on lease entitlement land.","sortOrder":86},{"sectionNumber":"sec.61","sectionType":"section","heading":"Gazette notice for completed agreement or arrangement","content":"### sec.61 Gazette notice for completed agreement or arrangement\n\nThe housing chief executive may by gazette notice declare that—\nthe purchaser under an agreement or arrangement mentioned in section 60 has no obligation to pay any further amount under the agreement or arrangement; and\nthe agreement or arrangement may be taken to be completed; and\nthe purchaser is the owner of the improvement stated in the notice.\nThe housing chief executive may publish a gazette notice under subsection (1) only with the agreement of each of the following—\nthe purchaser under the agreement or arrangement, or, if the purchaser is deceased, some or all of the persons who are interested persons in the estate of the deceased purchaser;\nthe owner of the improvement the subject of the notice.\nThe declaration has effect on the publication of the gazette notice.\nIt is not necessary that the improvement the subject of the gazette notice be the same as the improvement the subject of the agreement or arrangement mentioned in section 60 .\n(sec.61-ssec.1) The housing chief executive may by gazette notice declare that— the purchaser under an agreement or arrangement mentioned in section 60 has no obligation to pay any further amount under the agreement or arrangement; and the agreement or arrangement may be taken to be completed; and the purchaser is the owner of the improvement stated in the notice.\n(sec.61-ssec.2) The housing chief executive may publish a gazette notice under subsection (1) only with the agreement of each of the following— the purchaser under the agreement or arrangement, or, if the purchaser is deceased, some or all of the persons who are interested persons in the estate of the deceased purchaser; the owner of the improvement the subject of the notice.\n(sec.61-ssec.3) The declaration has effect on the publication of the gazette notice.\n(sec.61-ssec.4) It is not necessary that the improvement the subject of the gazette notice be the same as the improvement the subject of the agreement or arrangement mentioned in section 60 .\n- (a) the purchaser under an agreement or arrangement mentioned in section 60 has no obligation to pay any further amount under the agreement or arrangement; and\n- (b) the agreement or arrangement may be taken to be completed; and\n- (c) the purchaser is the owner of the improvement stated in the notice.\n- (a) the purchaser under the agreement or arrangement, or, if the purchaser is deceased, some or all of the persons who are interested persons in the estate of the deceased purchaser;\n- (b) the owner of the improvement the subject of the notice.","sortOrder":87},{"sectionNumber":"sec.62","sectionType":"section","heading":"Use of valuation methodology for social housing dwelling","content":"### sec.62 Use of valuation methodology for social housing dwelling\n\nThis section applies if—\na social housing dwelling is located on the lease land for a 1985 Act granted lease, a new Act granted lease or a proposed new Act granted lease; and\nthe owner of the dwelling is—\nthe State; or\nthe trustee of the trust area, or the part of the trust area, where the dwelling is located; or\nif the lease land is also the subject of a townsite lease under ALA or TSILA —the lessee under the townsite lease.\nThe owner of the dwelling may transfer the dwelling to a person who is or is to become the lessee under the lease.\nThe value of the dwelling for the transfer is—\nif in the trust area there is in operation a valuation methodology agreed under ALA , section 128 (2) or TSILA , section 93 (2) —the value decided by using the methodology; or\notherwise—the value decided by using the valuation methodology decided by the housing chief executive.\nSubsection (3) does not apply if the value is decided by the Land Court in deciding an application for—\na contested deferred grant; or\nan agreed boundary relocation; or\na contested boundary relocation.\ns 62 amd 2014 No. 45 s 58 sch 1 pt 1\n(sec.62-ssec.1) This section applies if— a social housing dwelling is located on the lease land for a 1985 Act granted lease, a new Act granted lease or a proposed new Act granted lease; and the owner of the dwelling is— the State; or the trustee of the trust area, or the part of the trust area, where the dwelling is located; or if the lease land is also the subject of a townsite lease under ALA or TSILA —the lessee under the townsite lease.\n(sec.62-ssec.2) The owner of the dwelling may transfer the dwelling to a person who is or is to become the lessee under the lease.\n(sec.62-ssec.3) The value of the dwelling for the transfer is— if in the trust area there is in operation a valuation methodology agreed under ALA , section 128 (2) or TSILA , section 93 (2) —the value decided by using the methodology; or otherwise—the value decided by using the valuation methodology decided by the housing chief executive.\n(sec.62-ssec.4) Subsection (3) does not apply if the value is decided by the Land Court in deciding an application for— a contested deferred grant; or an agreed boundary relocation; or a contested boundary relocation.\n- (a) a social housing dwelling is located on the lease land for a 1985 Act granted lease, a new Act granted lease or a proposed new Act granted lease; and\n- (b) the owner of the dwelling is— (i) the State; or (ii) the trustee of the trust area, or the part of the trust area, where the dwelling is located; or (iii) if the lease land is also the subject of a townsite lease under ALA or TSILA —the lessee under the townsite lease.\n- (i) the State; or\n- (ii) the trustee of the trust area, or the part of the trust area, where the dwelling is located; or\n- (iii) if the lease land is also the subject of a townsite lease under ALA or TSILA —the lessee under the townsite lease.\n- (i) the State; or\n- (ii) the trustee of the trust area, or the part of the trust area, where the dwelling is located; or\n- (iii) if the lease land is also the subject of a townsite lease under ALA or TSILA —the lessee under the townsite lease.\n- (a) if in the trust area there is in operation a valuation methodology agreed under ALA , section 128 (2) or TSILA , section 93 (2) —the value decided by using the methodology; or\n- (b) otherwise—the value decided by using the valuation methodology decided by the housing chief executive.\n- (a) a contested deferred grant; or\n- (b) an agreed boundary relocation; or\n- (c) a contested boundary relocation.","sortOrder":88},{"sectionNumber":"pt.8","sectionType":"part","heading":"Conditions and requirements applying to leases","content":"# Conditions and requirements applying to leases","sortOrder":89},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Conditions and requirements applying to leases other than term leases","content":"## Conditions and requirements applying to leases other than term leases","sortOrder":90},{"sectionNumber":"sec.63","sectionType":"section","heading":"Operation of div 1","content":"### sec.63 Operation of div 1\n\nThis division states standard conditions and other requirements that apply to 1985 Act granted leases and new Act granted leases, other than leases granted for a term of years.","sortOrder":91},{"sectionNumber":"sec.64","sectionType":"section","heading":"Dealings","content":"### sec.64 Dealings\n\nA lease may be transferred only to—\nan Aborigine or Torres Strait Islander; or\na person who is not an Aborigine or Torres Strait Islander if the person is the spouse, or former spouse, of an Aborigine or Torres Strait Islander or of an Aborigine or Torres Strait Islander who is deceased.\nA lease may be transferred only with the lessor’s prior written consent.\nAn interest under a lease, other than a mortgage of the lease, but including a sublease, may be created only with the lessor’s prior written consent.\nThe lessor must not unreasonably withhold consent under subsection (2) or (3) .\nA lease may be mortgaged without the consent of the Minister or the lessor.\n(sec.64-ssec.1) A lease may be transferred only to— an Aborigine or Torres Strait Islander; or a person who is not an Aborigine or Torres Strait Islander if the person is the spouse, or former spouse, of an Aborigine or Torres Strait Islander or of an Aborigine or Torres Strait Islander who is deceased.\n(sec.64-ssec.2) A lease may be transferred only with the lessor’s prior written consent.\n(sec.64-ssec.3) An interest under a lease, other than a mortgage of the lease, but including a sublease, may be created only with the lessor’s prior written consent.\n(sec.64-ssec.4) The lessor must not unreasonably withhold consent under subsection (2) or (3) .\n(sec.64-ssec.5) A lease may be mortgaged without the consent of the Minister or the lessor.\n- (a) an Aborigine or Torres Strait Islander; or\n- (b) a person who is not an Aborigine or Torres Strait Islander if the person is the spouse, or former spouse, of an Aborigine or Torres Strait Islander or of an Aborigine or Torres Strait Islander who is deceased.","sortOrder":92},{"sectionNumber":"sec.65","sectionType":"section","heading":"Registration of dealings","content":"### sec.65 Registration of dealings\n\nAll leases and any sublease of a lease, and any transfer, amendment or surrender of a lease or sublease, must be registered in the appropriate register.\nDespite the Land Title Act , section 65 (2) , an instrument of lease for a new Act granted lease, or a sublease of a 1985 Act granted lease or new Act granted lease, must include a plan of survey identifying the land subject to the lease or sublease.\nSubsection (2) does not apply to a sublease entered into only for an area completely within a building.\n(sec.65-ssec.1) All leases and any sublease of a lease, and any transfer, amendment or surrender of a lease or sublease, must be registered in the appropriate register.\n(sec.65-ssec.2) Despite the Land Title Act , section 65 (2) , an instrument of lease for a new Act granted lease, or a sublease of a 1985 Act granted lease or new Act granted lease, must include a plan of survey identifying the land subject to the lease or sublease.\n(sec.65-ssec.3) Subsection (2) does not apply to a sublease entered into only for an area completely within a building.","sortOrder":93},{"sectionNumber":"sec.66","sectionType":"section","heading":"Lease for residential purposes","content":"### sec.66 Lease for residential purposes\n\nThis section applies if, under a lease, land must be used primarily for residential purposes.\nIf, on the commencement of this section, there is no private residential premises on the land, the lessee must ensure a private residential premises is built on the land—\nfor a 1985 Act granted lease—within 8 years after the commencement of this section; or\nfor a new Act granted lease—within 8 years after the lease is granted.\nThe annual rental for the lease is the amount, of not more than $1, decided by the lessor.\n(sec.66-ssec.1) This section applies if, under a lease, land must be used primarily for residential purposes.\n(sec.66-ssec.2) If, on the commencement of this section, there is no private residential premises on the land, the lessee must ensure a private residential premises is built on the land— for a 1985 Act granted lease—within 8 years after the commencement of this section; or for a new Act granted lease—within 8 years after the lease is granted.\n(sec.66-ssec.3) The annual rental for the lease is the amount, of not more than $1, decided by the lessor.\n- (a) for a 1985 Act granted lease—within 8 years after the commencement of this section; or\n- (b) for a new Act granted lease—within 8 years after the lease is granted.","sortOrder":94},{"sectionNumber":"sec.67","sectionType":"section","heading":"Subleases","content":"### sec.67 Subleases\n\nA sublease of a lease may be transferred only with the prior written consent of the lessor and lessee of the lease.\nThe lessor and lessee must not unreasonably withhold consent under subsection (1) .\nA sublease of a lease may be amended only with the prior written consent of the lessor of the lease.\nThe lessor must not unreasonably withhold consent under subsection (3) .\nAn amendment of a sublease must not—\nincrease or decrease the area subleased; or\nadd or remove a party to the sublease; or\nbe lodged for registration after the sublease’s term has ended.\nA sublease of a lease executed after the registration of a mortgage over the lease is valid as against the mortgagee only if the mortgagee agreed to the sublease before its registration.\nAn amendment of a sublease of a lease executed after the registration of a mortgage over the lease is valid as against the mortgagee only if the mortgagee agreed to the amendment before the registration of the document of amendment.\nAn obligation applying to the lessee under a lease continues to apply to the lessee even if the lease is subleased.\nSubsection (8) does not stop the sublessee from agreeing, under the sublease, to fulfil the obligation for the lessor.\nA lessee’s obligation to ensure a private residential premises is built on lease land continues as the lessee’s obligation. However, the lessee and a sublessee may agree that the sublessee will build the premises.\n(sec.67-ssec.1) A sublease of a lease may be transferred only with the prior written consent of the lessor and lessee of the lease.\n(sec.67-ssec.2) The lessor and lessee must not unreasonably withhold consent under subsection (1) .\n(sec.67-ssec.3) A sublease of a lease may be amended only with the prior written consent of the lessor of the lease.\n(sec.67-ssec.4) The lessor must not unreasonably withhold consent under subsection (3) .\n(sec.67-ssec.5) An amendment of a sublease must not— increase or decrease the area subleased; or add or remove a party to the sublease; or be lodged for registration after the sublease’s term has ended.\n(sec.67-ssec.6) A sublease of a lease executed after the registration of a mortgage over the lease is valid as against the mortgagee only if the mortgagee agreed to the sublease before its registration.\n(sec.67-ssec.7) An amendment of a sublease of a lease executed after the registration of a mortgage over the lease is valid as against the mortgagee only if the mortgagee agreed to the amendment before the registration of the document of amendment.\n(sec.67-ssec.8) An obligation applying to the lessee under a lease continues to apply to the lessee even if the lease is subleased.\n(sec.67-ssec.9) Subsection (8) does not stop the sublessee from agreeing, under the sublease, to fulfil the obligation for the lessor. A lessee’s obligation to ensure a private residential premises is built on lease land continues as the lessee’s obligation. However, the lessee and a sublessee may agree that the sublessee will build the premises.\n- (a) increase or decrease the area subleased; or\n- (b) add or remove a party to the sublease; or\n- (c) be lodged for registration after the sublease’s term has ended.","sortOrder":95},{"sectionNumber":"sec.68","sectionType":"section","heading":"Surrenders","content":"### sec.68 Surrenders\n\nThe lessee of a lease may surrender all or part of the lease only if each of the following has given written agreement to the surrender—\nthe mortgagee of a registered mortgage of the lease or of an interest under the lease;\nthe holder of a sublease under the lease.\nThe lessee must notify the holder of a registered interest under the lease of the lessee’s intention to surrender the lease at least 28 days before the surrender takes effect.\nThe surrender of a lease may be on the basis of the payment of an agreed consideration for the surrender.\n(sec.68-ssec.1) The lessee of a lease may surrender all or part of the lease only if each of the following has given written agreement to the surrender— the mortgagee of a registered mortgage of the lease or of an interest under the lease; the holder of a sublease under the lease.\n(sec.68-ssec.2) The lessee must notify the holder of a registered interest under the lease of the lessee’s intention to surrender the lease at least 28 days before the surrender takes effect.\n(sec.68-ssec.3) The surrender of a lease may be on the basis of the payment of an agreed consideration for the surrender.\n- (a) the mortgagee of a registered mortgage of the lease or of an interest under the lease;\n- (b) the holder of a sublease under the lease.","sortOrder":96},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Term leases","content":"## Term leases","sortOrder":97},{"sectionNumber":"sec.69","sectionType":"section","heading":"Entitlement to apply for lease under ALA or TSILA","content":"### sec.69 Entitlement to apply for lease under ALA or TSILA\n\nSubsections (2) and (3) apply to a 1985 Act granted lease or a new Act granted lease, granted for a term of years, if the lease is—\nover Aboriginal trust land in a trust area; or\nover transferred land under ALA in a trust area; or\nin force as a sublease of a townsite lease under ALA in a trust area.\nBefore the term of the lease has expired, the holder of the lease may apply to the following person to be granted a lease under ALA over the lease land for the 1985 Act granted lease or new Act granted lease—\nif subsection (1) (a) or (b) applies—the trustee of the trust area;\nif subsection (1) (c) applies—the lessee of the townsite lease.\nThe application may be considered, and a lease may be granted, under ALA .\nSubsections (5) and (6) apply to a 1985 Act granted lease or a new Act granted lease, granted for a term of years, if the lease is—\nover Torres Strait Islander trust land in a trust area; or\nover transferred land under TSILA in a trust area; or\nin force as a sublease of a townsite lease under TSILA in a trust area.\nBefore the term of the lease has expired, the holder of the lease may apply to the following person to be granted a lease under TSILA over the lease land for the 1985 Act granted lease or new Act granted lease—\nif subsection (4) (a) or (b) applies—the trustee of the trust area;\nif subsection (4) (c) applies—the lessee of the townsite lease.\nThe application may be considered, and a lease may be granted, under TSILA .\ns 69 amd 2014 No. 45 s 58 sch 1 pt 1\n(sec.69-ssec.1) Subsections (2) and (3) apply to a 1985 Act granted lease or a new Act granted lease, granted for a term of years, if the lease is— over Aboriginal trust land in a trust area; or over transferred land under ALA in a trust area; or in force as a sublease of a townsite lease under ALA in a trust area.\n(sec.69-ssec.2) Before the term of the lease has expired, the holder of the lease may apply to the following person to be granted a lease under ALA over the lease land for the 1985 Act granted lease or new Act granted lease— if subsection (1) (a) or (b) applies—the trustee of the trust area; if subsection (1) (c) applies—the lessee of the townsite lease.\n(sec.69-ssec.3) The application may be considered, and a lease may be granted, under ALA .\n(sec.69-ssec.4) Subsections (5) and (6) apply to a 1985 Act granted lease or a new Act granted lease, granted for a term of years, if the lease is— over Torres Strait Islander trust land in a trust area; or over transferred land under TSILA in a trust area; or in force as a sublease of a townsite lease under TSILA in a trust area.\n(sec.69-ssec.5) Before the term of the lease has expired, the holder of the lease may apply to the following person to be granted a lease under TSILA over the lease land for the 1985 Act granted lease or new Act granted lease— if subsection (4) (a) or (b) applies—the trustee of the trust area; if subsection (4) (c) applies—the lessee of the townsite lease.\n(sec.69-ssec.6) The application may be considered, and a lease may be granted, under TSILA .\n- (a) over Aboriginal trust land in a trust area; or\n- (b) over transferred land under ALA in a trust area; or\n- (c) in force as a sublease of a townsite lease under ALA in a trust area.\n- (a) if subsection (1) (a) or (b) applies—the trustee of the trust area;\n- (b) if subsection (1) (c) applies—the lessee of the townsite lease.\n- (a) over Torres Strait Islander trust land in a trust area; or\n- (b) over transferred land under TSILA in a trust area; or\n- (c) in force as a sublease of a townsite lease under TSILA in a trust area.\n- (a) if subsection (4) (a) or (b) applies—the trustee of the trust area;\n- (b) if subsection (4) (c) applies—the lessee of the townsite lease.","sortOrder":98},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":null,"content":"","sortOrder":99},{"sectionNumber":"sec.69A","sectionType":"section","heading":null,"content":"### Section sec.69A\n\ns 69A ins 2019 No. 17 s 5\nexp 30 June 2022 (see s 69B)","sortOrder":100},{"sectionNumber":"sec.69B","sectionType":"section","heading":null,"content":"### Section sec.69B\n\ns 69B ins 2019 No. 17 s 5\nexp 30 June 2022 (see s 69B)","sortOrder":101},{"sectionNumber":"pt.9","sectionType":"part","heading":"Application of provisions of ALA or TSILA","content":"# Application of provisions of ALA or TSILA","sortOrder":102},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Applying ALA or TSILA","content":"## Applying ALA or TSILA","sortOrder":103},{"sectionNumber":"sec.70","sectionType":"section","heading":"ALA provisions","content":"### sec.70 ALA provisions\n\nThis section and division 2 apply to a 1985 Act granted lease or a new Act granted lease, other than a lease granted for a term of years, if the lease is—\nover Aboriginal trust land; or\nover transferred land under ALA ; or\nin force as a sublease of a townsite lease under ALA .\nALA applies to the lease as provided for in division 2 .\nDespite subsection (2) , a provision of ALA does not apply to the lease if it is in substance equivalent to, or inconsistent with, a provision of part 8 of this Act.\nIf a provision of ALA is changed under division 2 , the provision applies to the lease in the way changed.\n(sec.70-ssec.1) This section and division 2 apply to a 1985 Act granted lease or a new Act granted lease, other than a lease granted for a term of years, if the lease is— over Aboriginal trust land; or over transferred land under ALA ; or in force as a sublease of a townsite lease under ALA .\n(sec.70-ssec.2) ALA applies to the lease as provided for in division 2 .\n(sec.70-ssec.3) Despite subsection (2) , a provision of ALA does not apply to the lease if it is in substance equivalent to, or inconsistent with, a provision of part 8 of this Act.\n(sec.70-ssec.4) If a provision of ALA is changed under division 2 , the provision applies to the lease in the way changed.\n- (a) over Aboriginal trust land; or\n- (b) over transferred land under ALA ; or\n- (c) in force as a sublease of a townsite lease under ALA .","sortOrder":104},{"sectionNumber":"sec.71","sectionType":"section","heading":"TSILA provisions","content":"### sec.71 TSILA provisions\n\nThis section and division 3 apply to a 1985 Act granted lease or a new Act granted lease, other than a lease granted for a term of years, if the lease is—\nover Torres Strait Islander trust land; or\nover transferred land under TSILA ; or\nin force as a sublease of a townsite lease under TSILA .\nTSILA applies to the lease as provided for in division 3 .\nDespite subsection (2) , a provision of TSILA does not apply to the lease if it is in substance equivalent to, or inconsistent with, a provision of part 8 of this Act.\nIf a provision of TSILA is changed under division 3 , the provision applies to the lease in the way changed.\n(sec.71-ssec.1) This section and division 3 apply to a 1985 Act granted lease or a new Act granted lease, other than a lease granted for a term of years, if the lease is— over Torres Strait Islander trust land; or over transferred land under TSILA ; or in force as a sublease of a townsite lease under TSILA .\n(sec.71-ssec.2) TSILA applies to the lease as provided for in division 3 .\n(sec.71-ssec.3) Despite subsection (2) , a provision of TSILA does not apply to the lease if it is in substance equivalent to, or inconsistent with, a provision of part 8 of this Act.\n(sec.71-ssec.4) If a provision of TSILA is changed under division 3 , the provision applies to the lease in the way changed.\n- (a) over Torres Strait Islander trust land; or\n- (b) over transferred land under TSILA ; or\n- (c) in force as a sublease of a townsite lease under TSILA .","sortOrder":105},{"sectionNumber":"sec.72","sectionType":"section","heading":null,"content":"### Section sec.72\n\ns 72 om 2014 No. 45 s 58 sch 1 pt 1","sortOrder":106},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Applying ALA","content":"## Applying ALA","sortOrder":107},{"sectionNumber":"sec.73","sectionType":"section","heading":"Applying ALA , pt 10 , div 4 (Home ownership leases)","content":"### sec.73 Applying ALA , pt 10 , div 4 (Home ownership leases)\n\nALA , part 10 , division 4 , subdivisions 2 and 4 apply to a lease to which this division applies as if the lease were a home ownership lease under ALA .\nSubsection (1) applies to the lease even if it is not granted for residential use.\nFor applying ALA , section 129 , a relevant condition is any condition of the lease as provided for in part 8 of this Act if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease.\nFor applying ALA , sections 130 (2) and 132 (1) (a) , written notice must be given additionally to any person holding a sublease over the lease.\nALA , part 10 , division 4 , subdivision 4 must be applied not only to improvements of the lessee but also to the holder, and improvements of the holder, of any sublease over the lease, and for that purpose, a reference in the subdivision to the lease land is a reference to the land the subject of the sublease.\nAlso, for applying ALA , part 10 , division 4 , subdivision 4 , references to renewal of a lease may be ignored.\nFor ALA , section 142 (3) , the value of the lease land is the amount decided by the chief executive under this Act.\ns 73 amd 2014 No. 45 s 58 sch 1 pt 1\n(sec.73-ssec.1) ALA , part 10 , division 4 , subdivisions 2 and 4 apply to a lease to which this division applies as if the lease were a home ownership lease under ALA .\n(sec.73-ssec.2) Subsection (1) applies to the lease even if it is not granted for residential use.\n(sec.73-ssec.3) For applying ALA , section 129 , a relevant condition is any condition of the lease as provided for in part 8 of this Act if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease.\n(sec.73-ssec.4) For applying ALA , sections 130 (2) and 132 (1) (a) , written notice must be given additionally to any person holding a sublease over the lease.\n(sec.73-ssec.5) ALA , part 10 , division 4 , subdivision 4 must be applied not only to improvements of the lessee but also to the holder, and improvements of the holder, of any sublease over the lease, and for that purpose, a reference in the subdivision to the lease land is a reference to the land the subject of the sublease.\n(sec.73-ssec.6) Also, for applying ALA , part 10 , division 4 , subdivision 4 , references to renewal of a lease may be ignored.\n(sec.73-ssec.7) For ALA , section 142 (3) , the value of the lease land is the amount decided by the chief executive under this Act.","sortOrder":108},{"sectionNumber":"sec.74","sectionType":"section","heading":"Applying ALA , pt 14 (Provisions about mortgages of leases over Aboriginal land)","content":"### sec.74 Applying ALA , pt 14 (Provisions about mortgages of leases over Aboriginal land)\n\nALA , part 14 applies to a lease to which this division applies if it is over Aboriginal land and was granted after the land became Aboriginal land.\nFor applying ALA , part 14 , the lease is taken to be—\nif the lease is granted for residential use—a home ownership lease under ALA ; or\notherwise—a lease granted under ALA , section 120 (1) or 121 (1) .\nFor applying ALA , section 182 (7) , the reference to a person who would be entitled to a grant of the lease is taken to be a reference to a person to whom, under this Act, the lease may be transferred.\ns 74 amd 2014 No. 45 s 58 sch 1 pt 1\n(sec.74-ssec.1) ALA , part 14 applies to a lease to which this division applies if it is over Aboriginal land and was granted after the land became Aboriginal land.\n(sec.74-ssec.2) For applying ALA , part 14 , the lease is taken to be— if the lease is granted for residential use—a home ownership lease under ALA ; or otherwise—a lease granted under ALA , section 120 (1) or 121 (1) .\n(sec.74-ssec.3) For applying ALA , section 182 (7) , the reference to a person who would be entitled to a grant of the lease is taken to be a reference to a person to whom, under this Act, the lease may be transferred.\n- (a) if the lease is granted for residential use—a home ownership lease under ALA ; or\n- (b) otherwise—a lease granted under ALA , section 120 (1) or 121 (1) .","sortOrder":109},{"sectionNumber":"sec.75","sectionType":"section","heading":"Definition for sdiv 3","content":"### sec.75 Definition for sdiv 3\n\nIn this subdivision—\nrelevant lease means a lease to which this division applies, but does not include a lease that, when it was granted, was granted over transferred land under ALA .","sortOrder":110},{"sectionNumber":"sec.76","sectionType":"section","heading":"Applying ALA , s 185 (Relationship with Land Act )","content":"### sec.76 Applying ALA , s 185 (Relationship with Land Act )\n\nALA , section 185 applies for establishing—\nthe relationship between the Land Act and this Act in relation to Aboriginal trust land and a relevant lease; and\nthe status under the Land Act of a relevant lease;\nin the same way it applies for establishing—\nthe relationship between the Land Act and ALA in relation to Aboriginal trust land and a trustee (Aboriginal) lease; and\nthe status under the Land Act of a trustee (Aboriginal) lease.\n- (a) the relationship between the Land Act and this Act in relation to Aboriginal trust land and a relevant lease; and\n- (b) the status under the Land Act of a relevant lease;\n- (c) the relationship between the Land Act and ALA in relation to Aboriginal trust land and a trustee (Aboriginal) lease; and\n- (d) the status under the Land Act of a trustee (Aboriginal) lease.","sortOrder":111},{"sectionNumber":"sec.77","sectionType":"section","heading":"Applying ALA , s 187 (Amending trustee (Aboriginal) lease)","content":"### sec.77 Applying ALA , s 187 (Amending trustee (Aboriginal) lease)\n\nALA , section 187 applies to a relevant lease as if the lease were a registered trustee (Aboriginal) lease.","sortOrder":112},{"sectionNumber":"sec.78","sectionType":"section","heading":"Applying ALA , s 188 (Mortgage of trustee (Aboriginal) lease)","content":"### sec.78 Applying ALA , s 188 (Mortgage of trustee (Aboriginal) lease)\n\nALA , section 188 applies to a relevant lease as if—\nthe lease were a trustee (Aboriginal) lease; and\nthe reference in ALA , section 188 (2) (a) (iii) to a person entitled under ALA to a grant of a lease were a reference to a person to whom, under this Act, the lease may be transferred.\n- (a) the lease were a trustee (Aboriginal) lease; and\n- (b) the reference in ALA , section 188 (2) (a) (iii) to a person entitled under ALA to a grant of a lease were a reference to a person to whom, under this Act, the lease may be transferred.","sortOrder":113},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 om 2014 No. 45 s 58 sch 1 pt 1","sortOrder":114},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Applying TSILA","content":"## Applying TSILA","sortOrder":115},{"sectionNumber":"sec.80","sectionType":"section","heading":"Applying TSILA , pt 8 , div 4 (Home ownership leases)","content":"### sec.80 Applying TSILA , pt 8 , div 4 (Home ownership leases)\n\nTSILA , part 8 , division 4 , subdivisions 2 and 4 apply to a lease to which this division applies as if the lease were a home ownership lease under TSILA .\nSubsection (1) applies to the lease even if it is not granted for residential use.\nFor applying TSILA , section 94 , a relevant condition is any condition of the lease as provided for in part 8 of this Act if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease.\nFor applying TSILA , sections 95 (2) and 97 (1) (a) , written notice must be given additionally to any person holding a sublease over the lease.\nTSILA , part 8 , division 4 , subdivision 4 must be applied not only to improvements of the lessee but also to the holder, and improvements of the holder, of any sublease over the lease, and for that purpose, a reference in the subdivision to the lease land is a reference to the land the subject of the sublease.\nAlso, for applying TSILA , part 8 , division 4 , subdivision 4 , references to renewal of a lease may be ignored.\nFor TSILA , section 107 (3) , the value of the lease land is the amount decided by the chief executive under this Act.\ns 80 amd 2014 No. 45 s 58 sch 1 pt 1\n(sec.80-ssec.1) TSILA , part 8 , division 4 , subdivisions 2 and 4 apply to a lease to which this division applies as if the lease were a home ownership lease under TSILA .\n(sec.80-ssec.2) Subsection (1) applies to the lease even if it is not granted for residential use.\n(sec.80-ssec.3) For applying TSILA , section 94 , a relevant condition is any condition of the lease as provided for in part 8 of this Act if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease.\n(sec.80-ssec.4) For applying TSILA , sections 95 (2) and 97 (1) (a) , written notice must be given additionally to any person holding a sublease over the lease.\n(sec.80-ssec.5) TSILA , part 8 , division 4 , subdivision 4 must be applied not only to improvements of the lessee but also to the holder, and improvements of the holder, of any sublease over the lease, and for that purpose, a reference in the subdivision to the lease land is a reference to the land the subject of the sublease.\n(sec.80-ssec.6) Also, for applying TSILA , part 8 , division 4 , subdivision 4 , references to renewal of a lease may be ignored.\n(sec.80-ssec.7) For TSILA , section 107 (3) , the value of the lease land is the amount decided by the chief executive under this Act.","sortOrder":116},{"sectionNumber":"sec.81","sectionType":"section","heading":"Applying TSILA , pt 10 (Provisions about mortgages of leases over Torres Strait Islander land)","content":"### sec.81 Applying TSILA , pt 10 (Provisions about mortgages of leases over Torres Strait Islander land)\n\nTSILA , part 10 applies to a lease to which this division applies if it is over Torres Strait Islander land and was granted after the land became Torres Strait Islander land.\nFor applying TSILA , part 10 , the lease is taken to be—\nif the lease is granted for residential use—a home ownership lease under TSILA ; or\notherwise—a lease granted under TSILA , section 85 (1) or 86 (1) .\nFor applying TSILA , section 138 (7) , the reference to a person who would be entitled to a grant of the lease is taken to be a reference to a person to whom, under this Act, the lease may be transferred.\ns 81 amd 2014 No. 45 s 58 sch 1 pt 1\n(sec.81-ssec.1) TSILA , part 10 applies to a lease to which this division applies if it is over Torres Strait Islander land and was granted after the land became Torres Strait Islander land.\n(sec.81-ssec.2) For applying TSILA , part 10 , the lease is taken to be— if the lease is granted for residential use—a home ownership lease under TSILA ; or otherwise—a lease granted under TSILA , section 85 (1) or 86 (1) .\n(sec.81-ssec.3) For applying TSILA , section 138 (7) , the reference to a person who would be entitled to a grant of the lease is taken to be a reference to a person to whom, under this Act, the lease may be transferred.\n- (a) if the lease is granted for residential use—a home ownership lease under TSILA ; or\n- (b) otherwise—a lease granted under TSILA , section 85 (1) or 86 (1) .","sortOrder":117},{"sectionNumber":"sec.82","sectionType":"section","heading":"Definition for sdiv 3","content":"### sec.82 Definition for sdiv 3\n\nIn this subdivision—\nrelevant lease means a lease to which this division applies, but does not include a lease that, when it was granted, was granted over transferred land under TSILA .","sortOrder":118},{"sectionNumber":"sec.83","sectionType":"section","heading":"Applying TSILA , s 141 (Relationship with Land Act )","content":"### sec.83 Applying TSILA , s 141 (Relationship with Land Act )\n\nTSILA , section 141 applies for establishing—\nthe relationship between the Land Act and this Act in relation to Torres Strait Islander trust land and a relevant lease; and\nthe status under the Land Act of a relevant lease;\nin the same way it applies for establishing—\nthe relationship between the Land Act and TSILA in relation to Torres Strait Islander trust land and a trustee (Torres Strait Islander) lease; and\nthe status under the Land Act of a trustee (Torres Strait Islander) lease.\n- (a) the relationship between the Land Act and this Act in relation to Torres Strait Islander trust land and a relevant lease; and\n- (b) the status under the Land Act of a relevant lease;\n- (c) the relationship between the Land Act and TSILA in relation to Torres Strait Islander trust land and a trustee (Torres Strait Islander) lease; and\n- (d) the status under the Land Act of a trustee (Torres Strait Islander) lease.","sortOrder":119},{"sectionNumber":"sec.84","sectionType":"section","heading":"Applying TSILA , s 143 (Amending trustee (Torres Strait Islander) lease)","content":"### sec.84 Applying TSILA , s 143 (Amending trustee (Torres Strait Islander) lease)\n\nTSILA , section 143 applies to a relevant lease as if the lease were a registered trustee (Torres Strait Islander) lease.","sortOrder":120},{"sectionNumber":"sec.85","sectionType":"section","heading":"Applying TSILA , s 144 (Mortgage of trustee (Torres Strait Islander) lease)","content":"### sec.85 Applying TSILA , s 144 (Mortgage of trustee (Torres Strait Islander) lease)\n\nTSILA , section 144 applies to a relevant lease as if—\nthe lease were a trustee (Torres Strait Islander) lease; and\nthe reference in TSILA , section 144 (2) (a) (iii) to a person entitled under TSILA to a grant of a lease were a reference to a person to whom, under this Act, the lease may be transferred.\n- (a) the lease were a trustee (Torres Strait Islander) lease; and\n- (b) the reference in TSILA , section 144 (2) (a) (iii) to a person entitled under TSILA to a grant of a lease were a reference to a person to whom, under this Act, the lease may be transferred.","sortOrder":121},{"sectionNumber":"pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":122},{"sectionNumber":"sec.86","sectionType":"section","heading":"Plans of survey","content":"### sec.86 Plans of survey\n\nThe Minister must ensure that a plan of survey, capable of registration in a register kept under the Land Act or Land Title Act , is prepared to show the identified, and as appropriate, the agreed, boundaries of any lease proposed to be granted under this Act.\nIn a proceeding under this Act in the Land Court, the Land Court may order the Minister or the chief executive to prepare a plan of survey, capable of registration in a register kept under the Land Act or Land Title Act , necessary for giving effect to a decision of the court.\n(sec.86-ssec.1) The Minister must ensure that a plan of survey, capable of registration in a register kept under the Land Act or Land Title Act , is prepared to show the identified, and as appropriate, the agreed, boundaries of any lease proposed to be granted under this Act.\n(sec.86-ssec.2) In a proceeding under this Act in the Land Court, the Land Court may order the Minister or the chief executive to prepare a plan of survey, capable of registration in a register kept under the Land Act or Land Title Act , necessary for giving effect to a decision of the court.","sortOrder":123},{"sectionNumber":"sec.87","sectionType":"section","heading":"Limitation on qualification requirement","content":"### sec.87 Limitation on qualification requirement\n\nThe qualification requirement has no effect in relation to any of the following—\nwho may be the holder of a lease entitlement;\nwho may continue to be the holder of a 1985 Act granted lease;\nwho may be the grantee of a new Act granted lease.\nIn this section—\nqualification requirement means any provision under the 1985 Land Holding Act having the effect of requiring residency for any period in a trust area.\n(sec.87-ssec.1) The qualification requirement has no effect in relation to any of the following— who may be the holder of a lease entitlement; who may continue to be the holder of a 1985 Act granted lease; who may be the grantee of a new Act granted lease.\n(sec.87-ssec.2) In this section— qualification requirement means any provision under the 1985 Land Holding Act having the effect of requiring residency for any period in a trust area.\n- (a) who may be the holder of a lease entitlement;\n- (b) who may continue to be the holder of a 1985 Act granted lease;\n- (c) who may be the grantee of a new Act granted lease.","sortOrder":124},{"sectionNumber":"sec.88","sectionType":"section","heading":"Delegations","content":"### sec.88 Delegations\n\nThe Minister may delegate the Minister’s powers under this Act as the Minister to the chief executive.\nA delegation of the Minister’s power to the chief executive may permit the subdelegation of the power to an appropriately qualified public service officer.\nThe chief executive may delegate the chief executive’s powers under this Act as the chief executive to an appropriately qualified public service officer.\nIn this section—\nappropriately qualified , for a person to whom a power under this Act may be delegated or subdelegated, includes having the qualifications, experience or standing appropriate to exercise the power.\n(sec.88-ssec.1) The Minister may delegate the Minister’s powers under this Act as the Minister to the chief executive.\n(sec.88-ssec.2) A delegation of the Minister’s power to the chief executive may permit the subdelegation of the power to an appropriately qualified public service officer.\n(sec.88-ssec.3) The chief executive may delegate the chief executive’s powers under this Act as the chief executive to an appropriately qualified public service officer.\n(sec.88-ssec.4) In this section— appropriately qualified , for a person to whom a power under this Act may be delegated or subdelegated, includes having the qualifications, experience or standing appropriate to exercise the power.","sortOrder":125},{"sectionNumber":"sec.89","sectionType":"section","heading":"Application to Land Court if no interested persons identified","content":"### sec.89 Application to Land Court if no interested persons identified\n\nThis section applies if the Minister is satisfied that—\neither of the following is deceased—\nthe holder of a lease entitlement included in a lease entitlement notice currently in force;\nthe lessee of a 1985 Act granted lease; and\nit has not been possible, after making enquiries that are reasonable in the circumstances, to identify any interested person in the estate of the deceased holder or lessee.\nThe Minister may apply to the Land Court for an order that—\nthe Minister has made all enquiries that are reasonable in the circumstances to identify interested persons; and\nthe lease entitlement or lease is ended, and converted into a right to compensation for its loss.\nCompensation mentioned in subsection (2) (b) may be claimed from the State, commenced by an application to the Minister, within—\n3 years after the court’s order under the subsection; or\na later time approved by the Minister if the Minister considers an extension of time is reasonable in the circumstances.\nIf the Minister and a person claiming compensation can not agree on the amount of compensation, the claimant may apply to the Land Court and the court may decide the amount of the compensation.\nFor a lease entitlement, the compensation is the value of the lease, as at the date the claim is made to the Minister, that would have been granted to satisfy the lease entitlement if the holder had not been deceased.\nFor a 1985 Act granted lease, the compensation is the value of the lease, as at the date the claim is made to the Minister, if the lease had not ended.\n(sec.89-ssec.1) This section applies if the Minister is satisfied that— either of the following is deceased— the holder of a lease entitlement included in a lease entitlement notice currently in force; the lessee of a 1985 Act granted lease; and it has not been possible, after making enquiries that are reasonable in the circumstances, to identify any interested person in the estate of the deceased holder or lessee.\n(sec.89-ssec.2) The Minister may apply to the Land Court for an order that— the Minister has made all enquiries that are reasonable in the circumstances to identify interested persons; and the lease entitlement or lease is ended, and converted into a right to compensation for its loss.\n(sec.89-ssec.3) Compensation mentioned in subsection (2) (b) may be claimed from the State, commenced by an application to the Minister, within— 3 years after the court’s order under the subsection; or a later time approved by the Minister if the Minister considers an extension of time is reasonable in the circumstances.\n(sec.89-ssec.4) If the Minister and a person claiming compensation can not agree on the amount of compensation, the claimant may apply to the Land Court and the court may decide the amount of the compensation.\n(sec.89-ssec.5) For a lease entitlement, the compensation is the value of the lease, as at the date the claim is made to the Minister, that would have been granted to satisfy the lease entitlement if the holder had not been deceased.\n(sec.89-ssec.6) For a 1985 Act granted lease, the compensation is the value of the lease, as at the date the claim is made to the Minister, if the lease had not ended.\n- (a) either of the following is deceased— (i) the holder of a lease entitlement included in a lease entitlement notice currently in force; (ii) the lessee of a 1985 Act granted lease; and\n- (i) the holder of a lease entitlement included in a lease entitlement notice currently in force;\n- (ii) the lessee of a 1985 Act granted lease; and\n- (b) it has not been possible, after making enquiries that are reasonable in the circumstances, to identify any interested person in the estate of the deceased holder or lessee.\n- (i) the holder of a lease entitlement included in a lease entitlement notice currently in force;\n- (ii) the lessee of a 1985 Act granted lease; and\n- (a) the Minister has made all enquiries that are reasonable in the circumstances to identify interested persons; and\n- (b) the lease entitlement or lease is ended, and converted into a right to compensation for its loss.\n- (a) 3 years after the court’s order under the subsection; or\n- (b) a later time approved by the Minister if the Minister considers an extension of time is reasonable in the circumstances.","sortOrder":126},{"sectionNumber":"sec.90","sectionType":"section","heading":"Information Privacy Act does not stop sharing of information necessary for effective operation of this Act","content":"### sec.90 Information Privacy Act does not stop sharing of information necessary for effective operation of this Act\n\nIPA does not operate to stop the disclosure of personal information to the extent its disclosure is reasonably necessary to allow a person to participate effectively in consultation or negotiation about—\nthe identification of a lease entitlement; or\nsatisfying a lease entitlement; or\nrelocating the boundaries of a 1985 Act granted lease; or\nthe ownership of improvements on land the subject of a lease entitlement or a 1985 Act granted lease.\nIn this section—\ndisclose , personal information, see IPA , section 23 .\nIPA means the Information Privacy Act 2009 .\npersonal information means personal information under IPA .\n(sec.90-ssec.1) IPA does not operate to stop the disclosure of personal information to the extent its disclosure is reasonably necessary to allow a person to participate effectively in consultation or negotiation about— the identification of a lease entitlement; or satisfying a lease entitlement; or relocating the boundaries of a 1985 Act granted lease; or the ownership of improvements on land the subject of a lease entitlement or a 1985 Act granted lease.\n(sec.90-ssec.2) In this section— disclose , personal information, see IPA , section 23 . IPA means the Information Privacy Act 2009 . personal information means personal information under IPA .\n- (a) the identification of a lease entitlement; or\n- (b) satisfying a lease entitlement; or\n- (c) relocating the boundaries of a 1985 Act granted lease; or\n- (d) the ownership of improvements on land the subject of a lease entitlement or a 1985 Act granted lease.","sortOrder":127},{"sectionNumber":"sec.91","sectionType":"section","heading":"Review of Act","content":"### sec.91 Review of Act\n\nThe Minister must, within 10 years after the commencement of this section, carry out a review of the operation and effectiveness of the Act .\nThe Minister must, a soon as practicable after the review is completed, cause a report on the outcome to be laid before the Legislative Assembly.\ns 91 amd 2019 No. 17 s 6\n(sec.91-ssec.1) The Minister must, within 10 years after the commencement of this section, carry out a review of the operation and effectiveness of the Act .\n(sec.91-ssec.2) The Minister must, a soon as practicable after the review is completed, cause a report on the outcome to be laid before the Legislative Assembly.","sortOrder":128},{"sectionNumber":"sec.92","sectionType":"section","heading":"Approval of forms","content":"### sec.92 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":129},{"sectionNumber":"sec.93","sectionType":"section","heading":"Regulation-making power","content":"### sec.93 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may provide for fees payable under this Act and for matters for which they are payable.\n(sec.93-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.93-ssec.2) A regulation may provide for fees payable under this Act and for matters for which they are payable.","sortOrder":130},{"sectionNumber":"pt.11","sectionType":"part","heading":"Repeal and transitional provisions for Act No. 2 of 2013","content":"# Repeal and transitional provisions for Act No. 2 of 2013","sortOrder":131},{"sectionNumber":"sec.94","sectionType":"section","heading":"Repeal","content":"### sec.94 Repeal\n\nThe Aborigines and Torres Strait Islanders (Land Holding) Act 1985 , No. 41 is repealed.","sortOrder":132},{"sectionNumber":"sec.95","sectionType":"section","heading":"Continuation of proceeding","content":"### sec.95 Continuation of proceeding\n\nThis section applies if a proceeding was commenced under the 1985 Land Holding Act , but not completed, before the commencement of this section.\nThe proceeding may be completed under the 1985 Land Holding Act as if this Act had not commenced.\n(sec.95-ssec.1) This section applies if a proceeding was commenced under the 1985 Land Holding Act , but not completed, before the commencement of this section.\n(sec.95-ssec.2) The proceeding may be completed under the 1985 Land Holding Act as if this Act had not commenced.","sortOrder":133},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 om 2013 No. 39 s 109 sch 2","sortOrder":134},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional provision for Natural Resources and Other Legislation Amendment Act 2019","content":"# Transitional provision for Natural Resources and Other Legislation Amendment Act 2019","sortOrder":135},{"sectionNumber":"sec.96-oc.2","sectionType":"section","heading":"Application of former s 69A to particular leases","content":"### sec.96-oc.2 Application of former s 69A to particular leases\n\nThis section applies on and from 1 July 2022 in relation to a 1985 Act granted lease or a new Act granted lease if—\nbefore the expiry of former part 8, division 3, the holder of the lease died intestate; and\nthe circumstances mentioned in former section 69A(1)(b) to (e) apply in relation to the deceased holder or the entitled successor; and\nbefore the expiry of former part 8, division 3, the vesting of the relevant interest in the entitled successor had not been recorded under former section 69A(2).\nFor subsection (1)(b), it does not matter whether the JLOMA section 60 certificate under which the vesting of the relevant interest is sought was signed by the chief executive before or after the expiry of former part 8, division 3.\nFormer section 69A(2) to (4) continues to apply in relation to the vesting of the relevant interest as if the section had not expired.\nIn this section—\nentitled successor has the meaning given under former section 69A(1)(d).\nformer , in relation to a provision of this Act, means as in force immediately before the expiry of the provision.\nholder , of a new Act granted lease, includes a person to whom a new Act granted lease is granted after the person’s death.\nSee section 35(1)(b)(i).\nrelevant interest has the meaning given under former section 69A(1)(d)(ii).\ns 96 ins 2019 No. 17 s 8\n(sec.96-oc.2-ssec.1) This section applies on and from 1 July 2022 in relation to a 1985 Act granted lease or a new Act granted lease if— before the expiry of former part 8, division 3, the holder of the lease died intestate; and the circumstances mentioned in former section 69A(1)(b) to (e) apply in relation to the deceased holder or the entitled successor; and before the expiry of former part 8, division 3, the vesting of the relevant interest in the entitled successor had not been recorded under former section 69A(2).\n(sec.96-oc.2-ssec.2) For subsection (1)(b), it does not matter whether the JLOMA section 60 certificate under which the vesting of the relevant interest is sought was signed by the chief executive before or after the expiry of former part 8, division 3.\n(sec.96-oc.2-ssec.3) Former section 69A(2) to (4) continues to apply in relation to the vesting of the relevant interest as if the section had not expired.\n(sec.96-oc.2-ssec.4) In this section— entitled successor has the meaning given under former section 69A(1)(d). former , in relation to a provision of this Act, means as in force immediately before the expiry of the provision. holder , of a new Act granted lease, includes a person to whom a new Act granted lease is granted after the person’s death. See section 35(1)(b)(i). relevant interest has the meaning given under former section 69A(1)(d)(ii).\n- (a) before the expiry of former part 8, division 3, the holder of the lease died intestate; and\n- (b) the circumstances mentioned in former section 69A(1)(b) to (e) apply in relation to the deceased holder or the entitled successor; and\n- (c) before the expiry of former part 8, division 3, the vesting of the relevant interest in the entitled successor had not been recorded under former section 69A(2).","sortOrder":136}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act repeals the 1985 Land Holding Act (s.94) and transfers all outstanding rights into a new, prescribed framework: entitlement identification and publication (s.15–20), Minister-led grants or deferred grants (s.35, s.39–46) and Land Court determination of contested matters (s.47–48, s.53–56). It also subjects continuing and new leases to ALA/TSILA regimes where practicable (s.5, s.70–71) and removes the 1985 Act’s residency qualification requirement (s.87), thereby changing how and to whom entitlements are satisfied."},"complexity_factors":["Extensive procedural steps: publication, trust-area notices, 18‑month application windows, and multiple appeal routes (s.15–24, s.18–21, s.23–25)","Discretionary Ministerial powers paired with mandatory consultation and referral requirements (s.30–33, s.41–46)","Two-tier resolution paths: agreed deferred grants or contested grants submitted to the Land Court with prescribed content and parties (s.46–48, s.53–56)","Cross-references and application of other statutes (ALA, TSILA, Land Act) with carve-outs and adaptations (s.5, s.70–71, s.73–85)","Valuation and compensation rules and time limits for claims (s.49, s.57, s.89)","Mapping and registration obligations requiring survey plans and register updates (s.11, s.58, s.86, s.65)","Special provisions on ownership and transfer of improvements, social housing valuation methodology (s.59–62)","Delegation and information‑sharing rules that affect administration and privacy (s.88, s.90)","Interaction between surviving estate interests, hardship certificates and surrender rules (s.26, s.27, s.89)","Multiple stakeholder bodies: Land Holding Act panels, reference entities, trustees and the Land Court, each with distinct roles (s.13, s.30, s.42, s.47)"],"plain_english_summary":"This Act creates a step-by-step process to identify outstanding lease entitlements that originated under the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 and to satisfy them by granting leases, deferring grants while practical obstacles are resolved, or relocating boundaries (see s.3, s.15, s.35, s.39). It prescribes public notices, consultation, Ministerial decision-making, and Land Court review; affected persons, trustees and lessees must provide evidence and participate, and the State can be ordered to pay compensation in some contested cases (see s.47–49, s.57)."},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act appears to remain focused on its stated purpose: resolving outstanding lease entitlements under the 1985 Land Holding Act, validating existing leases, and integrating both into the modern ALA/TSILA framework. The provisions visible in the excerpt are consistent with and proportionate to the stated objects in sections 3–5. No evidence of significant scope creep from the original intent is apparent in the analysed portion."},"complexity_factors":["Multiple interacting legislative regimes: references to and interplay between the 1985 Land Holding Act, Aboriginal Land Act 1991 (ALA), Torres Strait Islander Land Act 1991 (TSILA), the Land Act, and the Local Government Act 2009","Complex historical transitional provisions requiring analysis of events dating back to 1985 and before to determine current legal status","Layered definitions: key terms like 'trust area', 'trustee', 'lease entitlement', and 'proper applicant' have multi-conditional meanings that depend on other statutory frameworks","Multi-stage administrative and quasi-judicial processes (chief executive decisions → ministerial statements → Land Holding Act stakeholder reference panels → Land Court appeals) with strict and interlocking time limits","Duality of lease types (perpetual vs fixed-term) with different rules applying to each, plus distinction between '1985 Act granted leases' and 'new Act granted leases'","Succession and deceased estate complexity: entitlements may pass to estates and interested persons, requiring application of succession law within an administrative land management framework","The 'deferred grant' concept creates a two-track system for granting leases depending on whether obstacles exist, each with distinct procedural requirements","Retrospective legal validation: the Act deems previously questionable or invalid leases to be valid from their original grant date, creating retrospective legal effects","Multiple parties with standing at different stages (applicants, trustees, affected persons, reference entities, native title parties) each with different rights and obligations","Partial commencement: some provisions commence by proclamation while others commence immediately, adding uncertainty about which provisions are in force at any given time"],"plain_english_summary":"This Act fixes a long-standing injustice by identifying Aboriginal and Torres Strait Islander lease entitlements approved (but never issued) for community trust land between 15 June 1985 and 20 December 1991, resolving practical obstacles, and finally granting or validating those leases. It affects original applicants, their descendants/estates, current leaseholders, community trustees and government agencies. The law restores legal security over land, enabling tenure certainty, investment and dispute resolution for affected communities."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":704},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to remain within its original scope of addressing outstanding lease entitlements from the 1985 Act, resolving boundary problems, and integrating with the Aboriginal Land Act 1991 and Torres Strait Islander Land 1991. The 2019 amendments added transitional provisions for expired sections but did not fundamentally expand the Act's purpose."},"complexity_factors":["Multiple overlapping legislative regimes: integrates with Aboriginal Land Act 1991, Torres Strait Islander Land Act 1991, Land Act, and Land Title Act","Extensive cross-referencing to repealed 1985 Act for definitions and historical entitlements","Nested conditional logic: different processes apply depending on whether obstacles exist, whether agreements are reached, whether holders are deceased, and land type (Aboriginal vs Torres Strait Islander)","Multiple defined terms with complex interdependencies: 'lease entitlement', 'trust area', '1985 Act granted lease', 'new Act granted lease', 'reference entity', 'practical obstacles'","Time-bound application windows (18 months) with exceptions","Three distinct pathways for granting leases: immediate grant, agreed deferred grant, and contested deferred grant with Land Court involvement","Boundary relocation processes with separate agreed and contested pathways","Extensive application of other Acts by reference with modifications (Part 9)","Deceased holder provisions requiring identification of 'interested persons' in estates","Stakeholder reference panels with variable composition across different trust areas"],"plain_english_summary":"This Act deals with **unfinished business from 1985** — specifically, lease entitlements that Aboriginal and Torres Strait Islander people were promised but never actually received under the old *Aborigines and Torres Strait Islanders (Land Holding) Act 1985*.\n\n**What it does:**\n- **Identifies outstanding lease entitlements**: The government must publish notices of who is entitled to leases from the old 1985 Act, and people can apply to have missing entitlements recognised.\n- **Fixes practical problems**: Before granting these leases, the Act sets up a process to resolve obstacles like unclear boundaries, competing claims, or who owns buildings on the land.\n- **Grants the leases**: Once obstacles are sorted (by agreement or Land Court decision), the Minister can grant the lease — either immediately if no obstacles exist, or through a \"deferred grant\" process if negotiation is needed.\n- **Fixes boundary problems**: For leases already granted under the 1985 Act, the Act allows boundaries to be relocated if they're no longer practical.\n- **Protects existing rights**: Leases already granted under the 1985 Act continue under this new law, and land that was wrongly taken out of trust ownership goes back to the trust.\n\n**Who it affects:**\n- Aboriginal and Torres Strait Islander people who applied for leases between June 1985 and December 1991 but never received them\n- Existing leaseholders under the 1985 Act\n- The trustees who manage the land (often Indigenous land councils or similar bodies)\n\n**Why it matters:**\nThis is essentially a **cleanup and delivery mechanism** for historical promises. It recognises that bureaucratic delays and practical problems stopped people getting land they were entitled to nearly 30 years ago, and creates a structured pathway to finally grant those leases while dealing with real-world complications that have developed since."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-and-torres-strait-islander-land-holding-act-2013","history":"/api/acts/aboriginal-and-torres-strait-islander-land-holding-act-2013/history","analysis":"/api/acts/aboriginal-and-torres-strait-islander-land-holding-act-2013/analysis","conflicts":"/api/acts/aboriginal-and-torres-strait-islander-land-holding-act-2013/conflicts","importantCases":"/api/acts/aboriginal-and-torres-strait-islander-land-holding-act-2013/important-cases","documents":"/api/acts/aboriginal-and-torres-strait-islander-land-holding-act-2013/documents"}}