{"id":"qld:act-1991-032","name":"Aboriginal Land Act 1991","slug":"aboriginal-land-act-1991","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"32 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104860,"registerId":"qld-act-1991-032-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Aboriginal Land Act 1991 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 2 prev s 2 om 1 July 1995 RA s 37\npres s 2 amd 2008 No. 29 s 4 (1) , (11)\nNote—s 2 contained definitions for this Act. Definitions are now located in sch 1 (Dictionary). Annotations for definitions contained in s 2 are located in annotations for sch 1.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Aborigines particularly concerned with land etc.","content":"### sec.3 Aborigines particularly concerned with land etc.\n\nFor the purposes of this Act, an Aborigine is particularly concerned with land if the Aborigine—\nhas a particular connection with the land under Aboriginal tradition; or\nlives on or uses the land or neighbouring land.\nFor the purposes of this Act, Aboriginal people are particularly concerned with land if—\nthey are members of a group that has a particular connection with the land under Aboriginal tradition; or\nthey live on or use the land or neighbouring land.\n(sec.3-ssec.1) For the purposes of this Act, an Aborigine is particularly concerned with land if the Aborigine— has a particular connection with the land under Aboriginal tradition; or lives on or uses the land or neighbouring land.\n(sec.3-ssec.2) For the purposes of this Act, Aboriginal people are particularly concerned with land if— they are members of a group that has a particular connection with the land under Aboriginal tradition; or they live on or use the land or neighbouring land.\n- (a) has a particular connection with the land under Aboriginal tradition; or\n- (b) lives on or uses the land or neighbouring land.\n- (a) they are members of a group that has a particular connection with the land under Aboriginal tradition; or\n- (b) they live on or use the land or neighbouring land.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\ns 4 sub 2008 No. 29 s 6","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Basic concepts","content":"# Basic concepts","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Aboriginal people and their traditions","content":"## Aboriginal people and their traditions","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of Aboriginal people","content":"### sec.5 Meaning of Aboriginal people\n\nAboriginal people are people of the Aboriginal race of Australia.\ns 5 prev s 5 ins 1993 No. 85 s 159 (retro)\nom 2008 No. 29 s 5\ns 5.21 om 1992 No. 20 s 159 sch 2","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of Aborigine","content":"### sec.6 Meaning of Aborigine\n\nAn Aborigine is a person of the Aboriginal race of Australia.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of Aboriginal tradition","content":"### sec.7 Meaning of Aboriginal tradition\n\nAboriginal tradition is the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships.","sortOrder":9},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Aboriginal land","content":"## Aboriginal land","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of Aboriginal land","content":"### sec.8 Meaning of Aboriginal land\n\nAboriginal land is transferred land or granted land.\nAboriginal land includes land that was transferred land and has subsequently become granted land.\ns 8 amd 1993 No. 85 s 160 (amd 1994 No. 61 s 2 sch 2 ) (retro); 2008 No. 29 s 7 ; 2011 No. 26 s 13\n(sec.8-ssec.1) Aboriginal land is transferred land or granted land.\n(sec.8-ssec.2) Aboriginal land includes land that was transferred land and has subsequently become granted land.","sortOrder":11},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Transferable and transferred land","content":"## Transferable and transferred land","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of transferable and transferred land","content":"### sec.9 Meaning of transferable and transferred land\n\nTransferable land is land that is to be granted under part 4 without a claim being made under this Act for the land.\nTransferred land is land that is granted under part 4 without a claim being made under this Act for the land.\ns 9 amd 1993 No. 85 s 160A (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 8\ns 9.05 om 1993 No. 85 s 164B (amd 1994 No. 61 s 2 sch 2 )\ns 9.09 om 1993 No. 85 s 164B (amd 1994 No. 61 s 2 sch 2 )\ns 9.11 ins 1993 No. 85 s 164D (amd 1994 No. 61 s 2 sch 2 )\nom 27 January 1995 RA s 37\n(sec.9-ssec.1) Transferable land is land that is to be granted under part 4 without a claim being made under this Act for the land.\n(sec.9-ssec.2) Transferred land is land that is granted under part 4 without a claim being made under this Act for the land.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Lands that are transferable lands","content":"### sec.10 Lands that are transferable lands\n\nThe following lands are transferable lands—\nDOGIT land;\nAboriginal reserve land;\navailable State land the Minister declares to be transferable land;\nland that is transferable land under section 174 , 175A , 176 or 177 ;\nland that becomes transferable land under section 230 .\nHowever, land mentioned in subsection (1) ceases to be transferable land to the extent either of the following applies—\nit is taken, under the Acquisition Act , by a constructing authority;\nit is available land approved for a grant in fee simple by the chief executive under section 32C .\nAlso, land mentioned in subsection (1) is not transferable land to the extent it is the subject of any of the following—\na declaration in force under section 16 ;\nan offer to allocate available land under section 32T , while the offer is in force;\nan allocation process for available land under part 2A , division 6 , until the process ends.\ns 10 amd 1993 No. 85 s 160B (amd 1994 No. 61 s 2 sch 2 ); 2007 No. 48 s 32 ; 2008 No. 29 s 9 ; 2011 No. 8 s 4 ; 2011 No. 11 s 24 ; 2014 No. 45 ss 4 , 58 sch 1 pt 2 ; 2019 No. 7 s 4 ; 2019 No. 17 s 10 ; 2021 No. 11 s 3\n(sec.10-ssec.1) The following lands are transferable lands— DOGIT land; Aboriginal reserve land; available State land the Minister declares to be transferable land; land that is transferable land under section 174 , 175A , 176 or 177 ; land that becomes transferable land under section 230 .\n(sec.10-ssec.2) However, land mentioned in subsection (1) ceases to be transferable land to the extent either of the following applies— it is taken, under the Acquisition Act , by a constructing authority; it is available land approved for a grant in fee simple by the chief executive under section 32C .\n(sec.10-ssec.3) Also, land mentioned in subsection (1) is not transferable land to the extent it is the subject of any of the following— a declaration in force under section 16 ; an offer to allocate available land under section 32T , while the offer is in force; an allocation process for available land under part 2A , division 6 , until the process ends.\n- (a) DOGIT land;\n- (b) Aboriginal reserve land;\n- (c) available State land the Minister declares to be transferable land;\n- (f) land that is transferable land under section 174 , 175A , 176 or 177 ;\n- (g) land that becomes transferable land under section 230 .\n- (a) it is taken, under the Acquisition Act , by a constructing authority;\n- (b) it is available land approved for a grant in fee simple by the chief executive under section 32C .\n- (a) a declaration in force under section 16 ;\n- (b) an offer to allocate available land under section 32T , while the offer is in force;\n- (c) an allocation process for available land under part 2A , division 6 , until the process ends.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"DOGIT land","content":"### sec.11 DOGIT land\n\nDOGIT land is land that, at the beginning of the enactment day, was—\nprescribed DOGIT land or land granted in trust under the Land Act 1962 for the benefit of Aboriginal inhabitants or for the purpose of an Aboriginal reserve; or\nwithin the external boundaries of an area of such land and—\nreserved and set apart for, or dedicated to, a public purpose under the Land Act 1962 ; or\nland that has become unallocated State land by way of resumption for a public purpose within the meaning of the Land Act 1962 ; or\nsubject to a lease granted under the Land Holding Act ; or\nsubject to a special lease granted under the Land Act 1962 ; or\nthe subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;\na road; or\na stock route or associated reserve.\nDOGIT land includes land within the external boundaries of land mentioned in subsection (1) (a) that has, since the enactment day, ceased to be a road.\nAlso, DOGIT land includes land within the external boundaries of land mentioned in subsection (1) (a) if—\nthe land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and\na lease under that Act has not been granted for the land.\nDOGIT land does not include land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, become a road.\ns 11 amd 1993 No. 85 s 160C (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 10 ; 2010 No. 39 s 304 ; 2011 No. 26 s 14 ; 2013 No. 23 s 4\n(sec.11-ssec.1) DOGIT land is land that, at the beginning of the enactment day, was— prescribed DOGIT land or land granted in trust under the Land Act 1962 for the benefit of Aboriginal inhabitants or for the purpose of an Aboriginal reserve; or within the external boundaries of an area of such land and— reserved and set apart for, or dedicated to, a public purpose under the Land Act 1962 ; or land that has become unallocated State land by way of resumption for a public purpose within the meaning of the Land Act 1962 ; or subject to a lease granted under the Land Holding Act ; or subject to a special lease granted under the Land Act 1962 ; or the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted; a road; or a stock route or associated reserve.\n(sec.11-ssec.2) DOGIT land includes land within the external boundaries of land mentioned in subsection (1) (a) that has, since the enactment day, ceased to be a road.\n(sec.11-ssec.3) Also, DOGIT land includes land within the external boundaries of land mentioned in subsection (1) (a) if— the land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and a lease under that Act has not been granted for the land.\n(sec.11-ssec.4) DOGIT land does not include land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, become a road.\n- (a) prescribed DOGIT land or land granted in trust under the Land Act 1962 for the benefit of Aboriginal inhabitants or for the purpose of an Aboriginal reserve; or\n- (b) within the external boundaries of an area of such land and— (i) reserved and set apart for, or dedicated to, a public purpose under the Land Act 1962 ; or (ii) land that has become unallocated State land by way of resumption for a public purpose within the meaning of the Land Act 1962 ; or (iii) subject to a lease granted under the Land Holding Act ; or (iv) subject to a special lease granted under the Land Act 1962 ; or (v) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted; other than— (vi) a road; or (vii) a stock route or associated reserve.\n- (i) reserved and set apart for, or dedicated to, a public purpose under the Land Act 1962 ; or\n- (ii) land that has become unallocated State land by way of resumption for a public purpose within the meaning of the Land Act 1962 ; or\n- (iii) subject to a lease granted under the Land Holding Act ; or\n- (iv) subject to a special lease granted under the Land Act 1962 ; or\n- (v) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;\n- other than—\n- (vi) a road; or\n- (vii) a stock route or associated reserve.\n- (i) reserved and set apart for, or dedicated to, a public purpose under the Land Act 1962 ; or\n- (ii) land that has become unallocated State land by way of resumption for a public purpose within the meaning of the Land Act 1962 ; or\n- (iii) subject to a lease granted under the Land Holding Act ; or\n- (iv) subject to a special lease granted under the Land Act 1962 ; or\n- (v) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;\n- other than—\n- (vi) a road; or\n- (vii) a stock route or associated reserve.\n- (a) the land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and\n- (b) a lease under that Act has not been granted for the land.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Aboriginal reserve land","content":"### sec.12 Aboriginal reserve land\n\nAboriginal reserve land is land that, at the beginning of the enactment day, is—\nreserved and set apart under the Land Act 1962 for an Aboriginal reserve or for the benefit of Aboriginal inhabitants; or\nwithin the external boundaries of an area of such land and—\nsubject to a lease granted under the Land Holding Act ; or\nthe subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;\nand includes land reserved and set apart under the Land Act 1962 for any other public purpose if the Minister declares the land to be land that was, or is included in land that was, at the beginning of the enactment day, being used as an Aboriginal reserve or for the benefit of Aboriginal people.\nAlso, Aboriginal reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if—\nthe land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and\na lease under that Act has not been granted for the land.\nFurther, Aboriginal reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, ceased to be a road.\nAboriginal reserve land does not include land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, become a road.\ns 12 amd 1993 No. 85 s 160D (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 3 sch ; 2011 No. 26 s 15 ; 2013 No. 23 s 5 ; 2019 No. 17 s 11\n(sec.12-ssec.1) Aboriginal reserve land is land that, at the beginning of the enactment day, is— reserved and set apart under the Land Act 1962 for an Aboriginal reserve or for the benefit of Aboriginal inhabitants; or within the external boundaries of an area of such land and— subject to a lease granted under the Land Holding Act ; or the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted; and includes land reserved and set apart under the Land Act 1962 for any other public purpose if the Minister declares the land to be land that was, or is included in land that was, at the beginning of the enactment day, being used as an Aboriginal reserve or for the benefit of Aboriginal people.\n(sec.12-ssec.2) Also, Aboriginal reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if— the land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and a lease under that Act has not been granted for the land.\n(sec.12-ssec.3) Further, Aboriginal reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, ceased to be a road.\n(sec.12-ssec.4) Aboriginal reserve land does not include land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, become a road.\n- (a) reserved and set apart under the Land Act 1962 for an Aboriginal reserve or for the benefit of Aboriginal inhabitants; or\n- (b) within the external boundaries of an area of such land and— (i) subject to a lease granted under the Land Holding Act ; or (ii) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;\n- (i) subject to a lease granted under the Land Holding Act ; or\n- (ii) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;\n- (i) subject to a lease granted under the Land Holding Act ; or\n- (ii) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;\n- (a) the land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and\n- (b) a lease under that Act has not been granted for the land.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 amd 1993 No. 85 s 160C (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 11 ; 2011 No. 26 s 16\nom 2014 No. 45 s 58 sch 1 pt 2","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 amd 1993 No. 85 s 160C (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 12 ; 2011 No. 26 s 17\nom 2014 No. 45 s 58 sch 1 pt 2","sortOrder":18},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Declarations about particular transferable land","content":"## Declarations about particular transferable land","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Definition for div 4","content":"### sec.15 Definition for div 4\n\nIn this division—\nrelevant land means the following land, or a part of the land—\nDOGIT land;\nAboriginal reserve land, other than land declared by the Minister for section 12 .\ns 15 ins 2008 No. 29 s 13\ns 15 def relevant land amd 2014 No. 45 s 58 sch 1 pt 2 ; 2019 No. 17 s 12\n- (a) DOGIT land;\n- (b) Aboriginal reserve land, other than land declared by the Minister for section 12 .","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Particular land may be declared to be not transferable land","content":"### sec.16 Particular land may be declared to be not transferable land\n\nThe Minister may, by gazette notice, make a declaration that relevant land is not transferable land if the Minister is satisfied that—\nhousing or essential or other infrastructure is situated on the land; or\nthe land is being used as a town site or part of a town site; or\nthe land is being used as if it were a road; or\nhaving regard to the nature or use of the land, it is not appropriate or practicable in the circumstances for the land to be granted in fee simple under this Act.\nIn considering whether to make a declaration under subsection (1) (d) , the Minister may have regard to matters relating to the nature or use of the relevant land the Minister considers appropriate, including, for example—\nwhether the land is likely to be used as a town site or part of a town site; and\nwhether the land is in a condition suitable to be granted under this Act.\nThe Minister must not make a declaration under subsection (1) (d) before—\nif no appeal is made to the Land Court against the decision to make the declaration—the period for making an appeal ends; or\nif an appeal is made to the Land Court against the decision to make the declaration—the day the appeal is finally decided.\ns 16 ins 2008 No. 29 s 13\namd 2011 No. 26 s 18\n(sec.16-ssec.1) The Minister may, by gazette notice, make a declaration that relevant land is not transferable land if the Minister is satisfied that— housing or essential or other infrastructure is situated on the land; or the land is being used as a town site or part of a town site; or the land is being used as if it were a road; or having regard to the nature or use of the land, it is not appropriate or practicable in the circumstances for the land to be granted in fee simple under this Act.\n(sec.16-ssec.2) In considering whether to make a declaration under subsection (1) (d) , the Minister may have regard to matters relating to the nature or use of the relevant land the Minister considers appropriate, including, for example— whether the land is likely to be used as a town site or part of a town site; and whether the land is in a condition suitable to be granted under this Act.\n(sec.16-ssec.3) The Minister must not make a declaration under subsection (1) (d) before— if no appeal is made to the Land Court against the decision to make the declaration—the period for making an appeal ends; or if an appeal is made to the Land Court against the decision to make the declaration—the day the appeal is finally decided.\n- (a) housing or essential or other infrastructure is situated on the land; or\n- (b) the land is being used as a town site or part of a town site; or\n- (c) the land is being used as if it were a road; or\n- (d) having regard to the nature or use of the land, it is not appropriate or practicable in the circumstances for the land to be granted in fee simple under this Act.\n- (a) whether the land is likely to be used as a town site or part of a town site; and\n- (b) whether the land is in a condition suitable to be granted under this Act.\n- (a) if no appeal is made to the Land Court against the decision to make the declaration—the period for making an appeal ends; or\n- (b) if an appeal is made to the Land Court against the decision to make the declaration—the day the appeal is finally decided.","sortOrder":21},{"sectionNumber":"sec.16E","sectionType":"section","heading":null,"content":"### Section sec.16E\n\ns 16E ins 2008 No. 29 s 13\nom 2011 No. 26 s 21","sortOrder":22},{"sectionNumber":"sec.16F","sectionType":"section","heading":null,"content":"### Section sec.16F\n\ns 16F ins 2008 No. 29 s 13\nom 2011 No. 26 s 21","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Notice of intention to make declaration","content":"### sec.17 Notice of intention to make declaration\n\nIf the Minister intends to make a declaration under section 16 , the Minister must—\ngive notice of the Minister’s intention to make the declaration to the trustee of the relevant land; and\nas soon as practicable after giving the notice under paragraph (a) , publish notice of the Minister’s intention to make the declaration in a newspaper or other publication circulating generally in the area where the relevant land is situated; and\nconsider all representations made under subsection (4) .\nThe notice must—\ninclude a description of the relevant land; and\nstate the following—\nthe reasons for the proposed declaration;\nthat a person may make written representations to the Minister about the proposed declaration;\nthe place where the representations may be made;\nthe period in which the representations must be made.\nThe stated period must end at least 28 days after the notice is published.\nA person may make written representations about the proposed declaration to the Minister within the stated period.\ns 17 ins 2008 No. 29 s 13\namd 2011 No. 26 s 19 ; 2013 No. 23 s 352 sch 1 pt 1\n(sec.17-ssec.1) If the Minister intends to make a declaration under section 16 , the Minister must— give notice of the Minister’s intention to make the declaration to the trustee of the relevant land; and as soon as practicable after giving the notice under paragraph (a) , publish notice of the Minister’s intention to make the declaration in a newspaper or other publication circulating generally in the area where the relevant land is situated; and consider all representations made under subsection (4) .\n(sec.17-ssec.2) The notice must— include a description of the relevant land; and state the following— the reasons for the proposed declaration; that a person may make written representations to the Minister about the proposed declaration; the place where the representations may be made; the period in which the representations must be made.\n(sec.17-ssec.3) The stated period must end at least 28 days after the notice is published.\n(sec.17-ssec.4) A person may make written representations about the proposed declaration to the Minister within the stated period.\n- (a) give notice of the Minister’s intention to make the declaration to the trustee of the relevant land; and\n- (b) as soon as practicable after giving the notice under paragraph (a) , publish notice of the Minister’s intention to make the declaration in a newspaper or other publication circulating generally in the area where the relevant land is situated; and\n- (c) consider all representations made under subsection (4) .\n- (a) include a description of the relevant land; and\n- (b) state the following— (i) the reasons for the proposed declaration; (ii) that a person may make written representations to the Minister about the proposed declaration; (iii) the place where the representations may be made; (iv) the period in which the representations must be made.\n- (i) the reasons for the proposed declaration;\n- (ii) that a person may make written representations to the Minister about the proposed declaration;\n- (iii) the place where the representations may be made;\n- (iv) the period in which the representations must be made.\n- (i) the reasons for the proposed declaration;\n- (ii) that a person may make written representations to the Minister about the proposed declaration;\n- (iii) the place where the representations may be made;\n- (iv) the period in which the representations must be made.","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Minister to consider representations and give notice of decision","content":"### sec.18 Minister to consider representations and give notice of decision\n\nAfter considering all representations made under section 17 (4) about the proposed declaration, the Minister must—\ndecide whether to make the declaration; and\ngive notice of the decision to—\neach person who made the representations; and\nthe trustee of the relevant land, if the trustee did not make any representations.\nThe Minister may, after considering the representations, decide to make the declaration for all or a part of the relevant land described in the notice under section 17 .\nIf the Minister decides to make the declaration, the notice must—\ninclude a description of the relevant land to be declared not transferable under this division; and\nstate all of the following—\nthe provision under which the declaration is to be made;\nthe reasons for the decision;\nif the Minister is to make the declaration under section 16 (1) (d) —that a person who made representations about the proposed declaration may appeal against the decision to the Land Court within 28 days after receiving the notice, and how the person may appeal.\ns 18 ins 2008 No. 29 s 13\namd 2011 No. 26 s 20 ; 2013 No. 23 s 352 sch 1 pt 1\n(sec.18-ssec.1) After considering all representations made under section 17 (4) about the proposed declaration, the Minister must— decide whether to make the declaration; and give notice of the decision to— each person who made the representations; and the trustee of the relevant land, if the trustee did not make any representations.\n(sec.18-ssec.2) The Minister may, after considering the representations, decide to make the declaration for all or a part of the relevant land described in the notice under section 17 .\n(sec.18-ssec.3) If the Minister decides to make the declaration, the notice must— include a description of the relevant land to be declared not transferable under this division; and state all of the following— the provision under which the declaration is to be made; the reasons for the decision; if the Minister is to make the declaration under section 16 (1) (d) —that a person who made representations about the proposed declaration may appeal against the decision to the Land Court within 28 days after receiving the notice, and how the person may appeal.\n- (a) decide whether to make the declaration; and\n- (b) give notice of the decision to— (i) each person who made the representations; and (ii) the trustee of the relevant land, if the trustee did not make any representations.\n- (i) each person who made the representations; and\n- (ii) the trustee of the relevant land, if the trustee did not make any representations.\n- (i) each person who made the representations; and\n- (ii) the trustee of the relevant land, if the trustee did not make any representations.\n- (a) include a description of the relevant land to be declared not transferable under this division; and\n- (b) state all of the following— (i) the provision under which the declaration is to be made; (ii) the reasons for the decision; (iii) if the Minister is to make the declaration under section 16 (1) (d) —that a person who made representations about the proposed declaration may appeal against the decision to the Land Court within 28 days after receiving the notice, and how the person may appeal.\n- (i) the provision under which the declaration is to be made;\n- (ii) the reasons for the decision;\n- (iii) if the Minister is to make the declaration under section 16 (1) (d) —that a person who made representations about the proposed declaration may appeal against the decision to the Land Court within 28 days after receiving the notice, and how the person may appeal.\n- (i) the provision under which the declaration is to be made;\n- (ii) the reasons for the decision;\n- (iii) if the Minister is to make the declaration under section 16 (1) (d) —that a person who made representations about the proposed declaration may appeal against the decision to the Land Court within 28 days after receiving the notice, and how the person may appeal.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Notice about declarations—trustee","content":"### sec.19 Notice about declarations—trustee\n\nAs soon as practicable after a declaration that relevant land is not transferable land is made, the chief executive must give the trustee of the land notice of the declaration.\ns 19 ins 2008 No. 29 s 13\namd 2013 No. 23 s 352 sch 1 pt 1","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Notice about declarations—registrar","content":"### sec.20 Notice about declarations—registrar\n\nAs soon as practicable after a declaration that relevant land is not transferable land is made, the chief executive must give the registrar notice of the declaration.\nThe notice must include particulars of the land the subject of the declaration.\nThe registrar must keep records that show the land is not transferable land.\nThe registrar must keep the records in a way that a search of the appropriate register kept by the registrar will show the land is not transferable land.\nAs soon as practicable after a declaration is repealed—\nthe chief executive must give the registrar notice of the fact; and\nthe registrar must amend the registrar’s records to show the land the subject of the repealed declaration is transferable land.\ns 20 ins 2008 No. 29 s 13\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.20-ssec.1) As soon as practicable after a declaration that relevant land is not transferable land is made, the chief executive must give the registrar notice of the declaration.\n(sec.20-ssec.2) The notice must include particulars of the land the subject of the declaration.\n(sec.20-ssec.3) The registrar must keep records that show the land is not transferable land.\n(sec.20-ssec.4) The registrar must keep the records in a way that a search of the appropriate register kept by the registrar will show the land is not transferable land.\n(sec.20-ssec.5) As soon as practicable after a declaration is repealed— the chief executive must give the registrar notice of the fact; and the registrar must amend the registrar’s records to show the land the subject of the repealed declaration is transferable land.\n- (a) the chief executive must give the registrar notice of the fact; and\n- (b) the registrar must amend the registrar’s records to show the land the subject of the repealed declaration is transferable land.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Requirements about plans of subdivision for declarations","content":"### sec.21 Requirements about plans of subdivision for declarations\n\nThis section applies if—\nunder section 16 , the Minister declares land is not transferable land; and\na plan of subdivision is lodged for the land under the Land Title Act or Land Act for the purpose of identifying the land; and\nthe plan of subdivision has been consented to by the Minister.\nThe registrar must register the plan of subdivision without the consent of anyone whose consent would otherwise have been required under the relevant section if the plan otherwise complies with the relevant section.\nIn this section—\nrelevant section means—\nfor freehold land—the Land Title Act , section 50 ; or\nfor other land—the Land Act , section 290J .\ns 21 ins 2008 No. 29 s 13\namd 2011 No. 26 s 22\n(sec.21-ssec.1) This section applies if— under section 16 , the Minister declares land is not transferable land; and a plan of subdivision is lodged for the land under the Land Title Act or Land Act for the purpose of identifying the land; and the plan of subdivision has been consented to by the Minister.\n(sec.21-ssec.2) The registrar must register the plan of subdivision without the consent of anyone whose consent would otherwise have been required under the relevant section if the plan otherwise complies with the relevant section.\n(sec.21-ssec.3) In this section— relevant section means— for freehold land—the Land Title Act , section 50 ; or for other land—the Land Act , section 290J .\n- (a) under section 16 , the Minister declares land is not transferable land; and\n- (b) a plan of subdivision is lodged for the land under the Land Title Act or Land Act for the purpose of identifying the land; and\n- (c) the plan of subdivision has been consented to by the Minister.\n- (a) for freehold land—the Land Title Act , section 50 ; or\n- (b) for other land—the Land Act , section 290J .","sortOrder":28},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Claimable and granted land","content":"## Claimable and granted land","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Meaning of claimable and granted land","content":"### sec.22 Meaning of claimable and granted land\n\nClaimable land is land that may be claimed by, and granted under this Act to, a group of Aboriginal people.\nGranted land is claimable land that has been claimed by, and granted under this Act to, a group of Aboriginal people.\ns 22 amd 1993 No. 85 s 160E (amd 1994 No. 61 s 2 sch 2 ); 2011 No. 26 s 23\n(sec.22-ssec.1) Claimable land is land that may be claimed by, and granted under this Act to, a group of Aboriginal people.\n(sec.22-ssec.2) Granted land is claimable land that has been claimed by, and granted under this Act to, a group of Aboriginal people.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Land that is claimable land","content":"### sec.23 Land that is claimable land\n\nSubject to subsection (3) , claimable land is—\navailable State land declared by regulation to be claimable land for this Act; or\nAboriginal land that—\nis transferred land; and\nbecame transferred land before 22 December 2006.\nA declaration under subsection (1) (a) may describe the available State land concerned in any way, including, for example, describing the land as land included in a stated area of the State.\nA regulation may declare that an area of transferred land is not claimable land.\nA declaration under subsection (3) may be made only if—\nthe land is primarily used or occupied by Aboriginal people for residential or community purposes; or\nthe Minister has consulted with Aboriginal people particularly concerned with the land and a substantial majority of the Aboriginal people are opposed to the land being claimable land.\ns 23 amd 1991 No. 76 s 4\nsub 1993 No. 85 s 160F (amd 1994 No. 61 s 2 sch 2 )\namd 2008 No. 29 s 3 sch ; 2011 No. 26 s 24\n(sec.23-ssec.1) Subject to subsection (3) , claimable land is— available State land declared by regulation to be claimable land for this Act; or Aboriginal land that— is transferred land; and became transferred land before 22 December 2006.\n(sec.23-ssec.2) A declaration under subsection (1) (a) may describe the available State land concerned in any way, including, for example, describing the land as land included in a stated area of the State.\n(sec.23-ssec.3) A regulation may declare that an area of transferred land is not claimable land.\n(sec.23-ssec.4) A declaration under subsection (3) may be made only if— the land is primarily used or occupied by Aboriginal people for residential or community purposes; or the Minister has consulted with Aboriginal people particularly concerned with the land and a substantial majority of the Aboriginal people are opposed to the land being claimable land.\n- (a) available State land declared by regulation to be claimable land for this Act; or\n- (b) Aboriginal land that— (i) is transferred land; and (ii) became transferred land before 22 December 2006.\n- (i) is transferred land; and\n- (ii) became transferred land before 22 December 2006.\n- (i) is transferred land; and\n- (ii) became transferred land before 22 December 2006.\n- (a) the land is primarily used or occupied by Aboriginal people for residential or community purposes; or\n- (b) the Minister has consulted with Aboriginal people particularly concerned with the land and a substantial majority of the Aboriginal people are opposed to the land being claimable land.","sortOrder":31},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Available State land","content":"## Available State land","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Land that is available State land—general","content":"### sec.24 Land that is available State land—general\n\nLand is available State land if it is—\nland, other than excluded land, in which no person other than the State has an interest; or\nland, other than excluded land, that is subject to an interest granted by the State, if an available State land agreement is in force for the land; or\nland inside the Torres Strait area that is land—\nin which no person other than the State has an interest; and\ndeclared under a regulation to be available State land.\nSubsection (1) is subject to sections 26 and 27 .\nIn this section—\ninterest means a legal or equitable interest in the land but does not include native title, a mining interest or an easement.\ns 24 amd 1991 No. 76 s 5 ; 1993 No. 85 s 160G (amd 1994 No. 61 s 2 sch 2 ); 1995 No. 57 s 4 sch 1 ; 2008 No. 29 s 14\nsub 2011 No. 26 s 25\n(sec.24-ssec.1) Land is available State land if it is— land, other than excluded land, in which no person other than the State has an interest; or land, other than excluded land, that is subject to an interest granted by the State, if an available State land agreement is in force for the land; or land inside the Torres Strait area that is land— in which no person other than the State has an interest; and declared under a regulation to be available State land.\n(sec.24-ssec.2) Subsection (1) is subject to sections 26 and 27 .\n(sec.24-ssec.3) In this section— interest means a legal or equitable interest in the land but does not include native title, a mining interest or an easement.\n- (a) land, other than excluded land, in which no person other than the State has an interest; or\n- (b) land, other than excluded land, that is subject to an interest granted by the State, if an available State land agreement is in force for the land; or\n- (c) land inside the Torres Strait area that is land— (i) in which no person other than the State has an interest; and (ii) declared under a regulation to be available State land.\n- (i) in which no person other than the State has an interest; and\n- (ii) declared under a regulation to be available State land.\n- (i) in which no person other than the State has an interest; and\n- (ii) declared under a regulation to be available State land.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Agreement about particular land","content":"### sec.25 Agreement about particular land\n\nThe Minister may enter into a written agreement (an available State land agreement ) about land, other than excluded land—\nwith a person who has an interest in the land granted by the State; and\nunder which the State and the person agree that the land may be available State land.\nThe Minister may enter into an available State land agreement for particular land only if satisfied that entering into the agreement is appropriate in the circumstances having regard to an evaluation of the land under the Land Act , section 16 .\nAn available State land agreement must provide that on the grant of the land under part 4 the person’s interest in the land is to cease and a new interest granted by the trustee of the land is to have effect in substitution for the person’s interest.\nHowever, if the interest is a lease granted under the Land Act the agreement may provide that the lease is to continue in force under section 45 .\nSubsection (6) applies if a proposed available State land agreement is to state that a person’s interest in land is to cease and a new interest granted by the proposed trustee of the land is to have effect in substitution for the person’s interest.\nTo remove any doubt, it is declared that the Minister need not enter into the available State land agreement unless satisfied a new interest granted by the proposed trustee of the land is to have effect in substitution for the person’s interest in the land.\ns 25 ins 2011 No. 26 s 25\n(sec.25-ssec.1) The Minister may enter into a written agreement (an available State land agreement ) about land, other than excluded land— with a person who has an interest in the land granted by the State; and under which the State and the person agree that the land may be available State land.\n(sec.25-ssec.2) The Minister may enter into an available State land agreement for particular land only if satisfied that entering into the agreement is appropriate in the circumstances having regard to an evaluation of the land under the Land Act , section 16 .\n(sec.25-ssec.3) An available State land agreement must provide that on the grant of the land under part 4 the person’s interest in the land is to cease and a new interest granted by the trustee of the land is to have effect in substitution for the person’s interest.\n(sec.25-ssec.4) However, if the interest is a lease granted under the Land Act the agreement may provide that the lease is to continue in force under section 45 .\n(sec.25-ssec.5) Subsection (6) applies if a proposed available State land agreement is to state that a person’s interest in land is to cease and a new interest granted by the proposed trustee of the land is to have effect in substitution for the person’s interest.\n(sec.25-ssec.6) To remove any doubt, it is declared that the Minister need not enter into the available State land agreement unless satisfied a new interest granted by the proposed trustee of the land is to have effect in substitution for the person’s interest in the land.\n- (a) with a person who has an interest in the land granted by the State; and\n- (b) under which the State and the person agree that the land may be available State land.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Watercourses and lakes","content":"### sec.26 Watercourses and lakes\n\nAvailable State land includes a watercourse or lake only to the extent the watercourse or lake is—\nwithin the external boundaries of land that is otherwise available State land; and\ncapable of being owned in fee simple by a person other than the State.\ns 26 amd 2008 No. 29 s 3 sch ; 2010 No. 12 s 6\n- (a) within the external boundaries of land that is otherwise available State land; and\n- (b) capable of being owned in fee simple by a person other than the State.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Tidal land","content":"### sec.27 Tidal land\n\nAvailable State land includes tidal land only if the Minister declares the particular tidal land to be available State land.\nSubject to subsection (1) , this Act applies to tidal land as if it were not tidal land.\ns 27 amd 1993 No. 85 s 160H (amd 1994 No. 61 s 2 sch 2 ); 1994 No. 49 s 6 sch 2 ; 1994 No. 81 s 527 sch 5 ; 2008 No. 29 s 3 sch ; 2019 No. 17 s 13\n(sec.27-ssec.1) Available State land includes tidal land only if the Minister declares the particular tidal land to be available State land.\n(sec.27-ssec.2) Subject to subsection (1) , this Act applies to tidal land as if it were not tidal land.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Meaning of city or town land","content":"### sec.28 Meaning of city or town land\n\nSubject to subsection (2) , city or town land is land that is within the boundaries of a city or town constituted under the Local Government Act 2009 or the City of Brisbane Act 2010 .\nThe Minister may declare a change to the boundaries of a city or town.\nA declaration under subsection (2) has effect only for this Act.\ns 28 amd 1993 No. 85 s 160I (amd 1994 No. 61 s 2 sch 2 ); 2009 No. 17 s 331 sch 1 ; 2010 No. 23 s 352 sch 1 ; 2011 No. 26 s 26 ; 2019 No. 17 s 14\n(sec.28-ssec.1) Subject to subsection (2) , city or town land is land that is within the boundaries of a city or town constituted under the Local Government Act 2009 or the City of Brisbane Act 2010 .\n(sec.28-ssec.2) The Minister may declare a change to the boundaries of a city or town.\n(sec.28-ssec.3) A declaration under subsection (2) has effect only for this Act.","sortOrder":37},{"sectionNumber":"sec.28B","sectionType":"section","heading":null,"content":"### Section sec.28B\n\ns 28B ins 2008 No. 29 s 19\nom 2011 No. 26 s 32","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Meaning of township land","content":"### sec.29 Meaning of township land\n\nA regulation may declare that land is township land for this Act.\ns 29 sub 1993 No. 85 s 160J (amd 1994 No. 61 s 2 sch 2 )","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"National parks","content":"### sec.30 National parks\n\nTo allay any doubt, it is declared that available State land includes any national park.\ns 30 amd 2008 No. 29 s 3 sch","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Land that is not available State land","content":"### sec.31 Land that is not available State land\n\nTo remove any doubt, it is declared that the following land is not available State land—\nthe waters of the sea, and the seabed, other than tidal land declared to be available State land under section 27 (1) ;\nfreehold land;\nan associated reserve;\nland subject to a lease, licence or permit under the Land Act .\nDespite subsection (1) (d) , land subject to a lease, licence or permit under the Land Act is available State land if an available State land agreement is in force for the land.\ns 31 prev s 31 ins 1993 No. 85 s 160M (amd 1994 No. 61 s 2 sch 2 )\namd 2008 No. 29 s 21\nom 2011 No. 26 s 34\npres s 31 amd 1994 No. 81 s 527 sch 5 ; 2008 No. 29 s 3 sch\nsub 2011 No. 26 s 27\n(sec.31-ssec.1) To remove any doubt, it is declared that the following land is not available State land— the waters of the sea, and the seabed, other than tidal land declared to be available State land under section 27 (1) ; freehold land; an associated reserve; land subject to a lease, licence or permit under the Land Act .\n(sec.31-ssec.2) Despite subsection (1) (d) , land subject to a lease, licence or permit under the Land Act is available State land if an available State land agreement is in force for the land.\n- (a) the waters of the sea, and the seabed, other than tidal land declared to be available State land under section 27 (1) ;\n- (b) freehold land;\n- (c) an associated reserve;\n- (d) land subject to a lease, licence or permit under the Land Act .","sortOrder":41},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Application of laws to Aboriginal land","content":"## Application of laws to Aboriginal land","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Application of laws","content":"### sec.32 Application of laws\n\nTo allay any doubt, it is declared that, except as provided by this Act or any other Act, the laws of the State apply to Aboriginal land, persons and things on Aboriginal land, and acts and things done on Aboriginal land, to the same extent, and in the same way, as if the land were not Aboriginal land.\nWithout limiting subsection (1) , to allay any doubt it is declared that this Act has effect subject to the Fisheries Act 1994 .\ns 32 amd 1994 No. 37 s 244 sch 2 ; 2004 No. 5 s 8 sch\n(sec.32-ssec.1) To allay any doubt, it is declared that, except as provided by this Act or any other Act, the laws of the State apply to Aboriginal land, persons and things on Aboriginal land, and acts and things done on Aboriginal land, to the same extent, and in the same way, as if the land were not Aboriginal land.\n(sec.32-ssec.2) Without limiting subsection (1) , to allay any doubt it is declared that this Act has effect subject to the Fisheries Act 1994 .","sortOrder":43},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Providing freehold","content":"# Providing freehold","sortOrder":44},{"sectionNumber":"pt.2A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":45},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Overview","content":"### sec.32A Overview\n\nThis part—\nallows available land to be granted in freehold under the Land Act to an eligible person for the available land; and\nrequires—\nthe trustee of freehold option land to consult on and make a freehold instrument; and\nthe local government for the area in which the land is situated to attach the freehold instrument to its planning scheme; and\nsets out how, and to whom, the trustee may allocate available land depending on whether the person is an eligible person for the land.\ns 32A ins 2014 No. 45 s 5\n- (a) allows available land to be granted in freehold under the Land Act to an eligible person for the available land; and\n- (b) requires— (i) the trustee of freehold option land to consult on and make a freehold instrument; and (ii) the local government for the area in which the land is situated to attach the freehold instrument to its planning scheme; and\n- (i) the trustee of freehold option land to consult on and make a freehold instrument; and\n- (ii) the local government for the area in which the land is situated to attach the freehold instrument to its planning scheme; and\n- (c) sets out how, and to whom, the trustee may allocate available land depending on whether the person is an eligible person for the land.\n- (i) the trustee of freehold option land to consult on and make a freehold instrument; and\n- (ii) the local government for the area in which the land is situated to attach the freehold instrument to its planning scheme; and","sortOrder":46},{"sectionNumber":"pt.2A-div.2","sectionType":"division","heading":"Basic concepts","content":"## Basic concepts","sortOrder":47},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Definitions for pt 2A","content":"### sec.32B Definitions for pt 2A\n\nIn this part—\nallocation method , for available land, means—\nthe auction, ballot or tender to be used to allocate the available land; and\nthe conditions of the auction, ballot or tender.\nallocation notice see section 32Z (1) (a) .\nallocation process , for available land, means—\nif there is an interest holder for the available land—the process stated in division 5 ; or\notherwise—the process stated in division 6 .\nappeal period , for available land, means the period starting on the day a person receives an information notice in relation to the available land and ending—\nif no notice of appeal is filed in relation to the available land—on the last day for making an appeal; or\nif a notice of appeal is filed in relation to the available land—when the appeal is finally decided.\navailable land see section 32D (3) .\nclosing day , for division 6 , see section 32ZA (1) (d) .\neligibility criteria see section 32D (6) (a) .\neligible person , for available land, means a person who meets the eligibility criteria for the land and is—\nan Aboriginal person or Torres Strait Islander; or\nthe spouse or former spouse of—\na person mentioned in paragraph (a) ; or\nan Aboriginal person or Torres Strait Islander who is deceased.\nfreehold instrument means a freehold schedule and the freehold policy for the freehold schedule.\nfreehold option land means land in the Aurukun Shire Council’s area, the Mornington Shire Council’s area or an indigenous local government’s area if—\nany of the following entities are the trustee of the land—\nthe Aurukun Shire Council;\nthe Mornington Shire Council;\nan indigenous local government;\na land trust;\nanother entity holding the land under this Act; and\nthe land is in an urban area.\nfreehold policy , for a freehold schedule, see section 32D (5) .\nfreehold schedule —\nmeans a schedule made as mentioned in section 32D (1) by the trustee of freehold option land; and\nincludes a model freehold schedule.\nindigenous local government see the Local Government Act 2009 , schedule 4 .\ninterest holder , for available land, means a person who holds any of the following interests in the land—\na registered lease granted under this Act or the Land Act , other than a townsite lease;\na lease entitlement under the new Land Holding Act ;\na 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ;\na registered sublease, including a registered sublease of a townsite lease;\na residential tenancy agreement for a social housing dwelling situated on the available land;\na right to occupy or use the available land under section 199 .\ns 32B def interest holder amd 2019 No. 7 s 5\nmodel freehold instrument , for division 4 , subdivision 2 , see section 32F .\nmodel freehold schedule see section 32D (4) .\nnative title holder has the same meaning as it has in the Commonwealth Native Title Act .\noffer means an offer to an eligible person by a trustee to allocate available land to the person under section 32T .\nplanning scheme means a planning scheme under the Planning Act 2016 .\ns 32B def planning scheme sub 2016 No. 27 s 6\nprobity advisor see section 32ZB (1) .\nurban area means an area identified as an area intended for either urban purposes or future urban purposes on a map in a planning scheme used to show zones.\nurban purposes means purposes for which land is used in cities or towns, including residential, industrial, sporting, recreation and commercial purposes.\ns 32B ins 2014 No. 45 s 5\n- (a) the auction, ballot or tender to be used to allocate the available land; and\n- (b) the conditions of the auction, ballot or tender.\n- (a) if there is an interest holder for the available land—the process stated in division 5 ; or\n- (b) otherwise—the process stated in division 6 .\n- (a) if no notice of appeal is filed in relation to the available land—on the last day for making an appeal; or\n- (b) if a notice of appeal is filed in relation to the available land—when the appeal is finally decided.\n- (a) an Aboriginal person or Torres Strait Islander; or\n- (b) the spouse or former spouse of— (i) a person mentioned in paragraph (a) ; or (ii) an Aboriginal person or Torres Strait Islander who is deceased.\n- (i) a person mentioned in paragraph (a) ; or\n- (ii) an Aboriginal person or Torres Strait Islander who is deceased.\n- (i) a person mentioned in paragraph (a) ; or\n- (ii) an Aboriginal person or Torres Strait Islander who is deceased.\n- (a) any of the following entities are the trustee of the land— (i) the Aurukun Shire Council; (ii) the Mornington Shire Council; (iii) an indigenous local government; (iv) a land trust; (v) another entity holding the land under this Act; and\n- (i) the Aurukun Shire Council;\n- (ii) the Mornington Shire Council;\n- (iii) an indigenous local government;\n- (iv) a land trust;\n- (v) another entity holding the land under this Act; and\n- (b) the land is in an urban area.\n- (i) the Aurukun Shire Council;\n- (ii) the Mornington Shire Council;\n- (iii) an indigenous local government;\n- (iv) a land trust;\n- (v) another entity holding the land under this Act; and\n- (a) means a schedule made as mentioned in section 32D (1) by the trustee of freehold option land; and\n- (b) includes a model freehold schedule.\n- (a) a registered lease granted under this Act or the Land Act , other than a townsite lease;\n- (b) a lease entitlement under the new Land Holding Act ;\n- (c) a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ;\n- (d) a registered sublease, including a registered sublease of a townsite lease;\n- (e) a residential tenancy agreement for a social housing dwelling situated on the available land;\n- (f) a right to occupy or use the available land under section 199 .","sortOrder":48},{"sectionNumber":"pt.2A-div.3","sectionType":"division","heading":"Approval for grant of available land","content":"## Approval for grant of available land","sortOrder":49},{"sectionNumber":"sec.32C","sectionType":"section","heading":"Approval for grant of available land","content":"### sec.32C Approval for grant of available land\n\nThe trustee of freehold option land may apply to the chief executive, in the approved form, for available land to be granted in fee simple under the Land Act to the eligible person who has been allocated the available land under this part.\nThe trustee may make the application only if—\nthere is a freehold instrument for the available land; and\nthe trustee has followed the allocation process for the available land.\nInformation in the application must, if the approved form requires, be verified by a statutory declaration.\nIn deciding the application, the chief executive—\nmust be reasonably satisfied—\nagreements or arrangements appropriate to granting the available land as freehold have been entered into or are in place, including, for example, in relation to the following—\nnative title;\nany social housing dwelling on the available land;\nroad access to the available land; and\nthere is a lot on plan description for the available land; and\nif the available land is allocated under section 32ZF —a probity advisor has certified the probity of the allocation process for the available land; and\nmay consider any other matter the chief executive reasonably considers relevant.\nIf the chief executive approves the application, the Governor in Council may grant the land in fee simple under the Land Act .\nSee the Land Act , section 14 .\ns 32C ins 2014 No. 45 s 5\n(sec.32C-ssec.1) The trustee of freehold option land may apply to the chief executive, in the approved form, for available land to be granted in fee simple under the Land Act to the eligible person who has been allocated the available land under this part.\n(sec.32C-ssec.2) The trustee may make the application only if— there is a freehold instrument for the available land; and the trustee has followed the allocation process for the available land.\n(sec.32C-ssec.3) Information in the application must, if the approved form requires, be verified by a statutory declaration.\n(sec.32C-ssec.4) In deciding the application, the chief executive— must be reasonably satisfied— agreements or arrangements appropriate to granting the available land as freehold have been entered into or are in place, including, for example, in relation to the following— native title; any social housing dwelling on the available land; road access to the available land; and there is a lot on plan description for the available land; and if the available land is allocated under section 32ZF —a probity advisor has certified the probity of the allocation process for the available land; and may consider any other matter the chief executive reasonably considers relevant.\n(sec.32C-ssec.5) If the chief executive approves the application, the Governor in Council may grant the land in fee simple under the Land Act . See the Land Act , section 14 .\n- (a) there is a freehold instrument for the available land; and\n- (b) the trustee has followed the allocation process for the available land.\n- (a) must be reasonably satisfied— (i) agreements or arrangements appropriate to granting the available land as freehold have been entered into or are in place, including, for example, in relation to the following— (A) native title; (B) any social housing dwelling on the available land; (C) road access to the available land; and (ii) there is a lot on plan description for the available land; and (iii) if the available land is allocated under section 32ZF —a probity advisor has certified the probity of the allocation process for the available land; and\n- (i) agreements or arrangements appropriate to granting the available land as freehold have been entered into or are in place, including, for example, in relation to the following— (A) native title; (B) any social housing dwelling on the available land; (C) road access to the available land; and\n- (A) native title;\n- (B) any social housing dwelling on the available land;\n- (C) road access to the available land; and\n- (ii) there is a lot on plan description for the available land; and\n- (iii) if the available land is allocated under section 32ZF —a probity advisor has certified the probity of the allocation process for the available land; and\n- (b) may consider any other matter the chief executive reasonably considers relevant.\n- (i) agreements or arrangements appropriate to granting the available land as freehold have been entered into or are in place, including, for example, in relation to the following— (A) native title; (B) any social housing dwelling on the available land; (C) road access to the available land; and\n- (A) native title;\n- (B) any social housing dwelling on the available land;\n- (C) road access to the available land; and\n- (ii) there is a lot on plan description for the available land; and\n- (iii) if the available land is allocated under section 32ZF —a probity advisor has certified the probity of the allocation process for the available land; and\n- (A) native title;\n- (B) any social housing dwelling on the available land;\n- (C) road access to the available land; and","sortOrder":50},{"sectionNumber":"pt.2A-div.4","sectionType":"division","heading":"Freehold instruments","content":"## Freehold instruments","sortOrder":51},{"sectionNumber":"sec.32D","sectionType":"section","heading":"Trustee may make freehold instrument","content":"### sec.32D Trustee may make freehold instrument\n\nThe trustee of freehold option land may, by resolution, make a schedule identifying the freehold option land available to be granted in freehold.\nThe freehold schedule must identify the freehold option land so the boundaries of the land are capable of being decided.\nFreehold option land identified in a freehold schedule is available land .\nA freehold schedule that only identifies freehold option land of a type prescribed by regulation for this subsection is a model freehold schedule .\nIf the trustee makes a freehold schedule, the trustee must, by resolution, make a policy (a freehold policy ) at the same time to help the trustee in implementing the freehold schedule.\nThe freehold policy must be in the approved form and state—\nthe criteria (the eligibility criteria ) for participating in the allocation process for available land; and\nif there is no interest holder for available land—the allocation method for available land; and\nthe sale price of available land and the costs to be recovered from the sale price; and\nhow the community will be consulted about the allocation process for available land; and\nhow the trustee will deal with interests in, or in relation to, available land, before it is allocated; and\nthe social and financial implications for the community in providing freehold; and\nthe social and financial implications for any eligible person who is granted freehold; and\nthe potential to attract investment and new members into the community; and\nany other matter prescribed by regulation.\ns 32D ins 2014 No. 45 s 5\n(sec.32D-ssec.1) The trustee of freehold option land may, by resolution, make a schedule identifying the freehold option land available to be granted in freehold.\n(sec.32D-ssec.2) The freehold schedule must identify the freehold option land so the boundaries of the land are capable of being decided.\n(sec.32D-ssec.3) Freehold option land identified in a freehold schedule is available land .\n(sec.32D-ssec.4) A freehold schedule that only identifies freehold option land of a type prescribed by regulation for this subsection is a model freehold schedule .\n(sec.32D-ssec.5) If the trustee makes a freehold schedule, the trustee must, by resolution, make a policy (a freehold policy ) at the same time to help the trustee in implementing the freehold schedule.\n(sec.32D-ssec.6) The freehold policy must be in the approved form and state— the criteria (the eligibility criteria ) for participating in the allocation process for available land; and if there is no interest holder for available land—the allocation method for available land; and the sale price of available land and the costs to be recovered from the sale price; and how the community will be consulted about the allocation process for available land; and how the trustee will deal with interests in, or in relation to, available land, before it is allocated; and the social and financial implications for the community in providing freehold; and the social and financial implications for any eligible person who is granted freehold; and the potential to attract investment and new members into the community; and any other matter prescribed by regulation.\n- (a) the criteria (the eligibility criteria ) for participating in the allocation process for available land; and\n- (b) if there is no interest holder for available land—the allocation method for available land; and\n- (c) the sale price of available land and the costs to be recovered from the sale price; and\n- (d) how the community will be consulted about the allocation process for available land; and\n- (e) how the trustee will deal with interests in, or in relation to, available land, before it is allocated; and\n- (f) the social and financial implications for the community in providing freehold; and\n- (g) the social and financial implications for any eligible person who is granted freehold; and\n- (h) the potential to attract investment and new members into the community; and\n- (i) any other matter prescribed by regulation.","sortOrder":52},{"sectionNumber":"sec.32E","sectionType":"section","heading":"Trustee may have only 1 freehold instrument","content":"### sec.32E Trustee may have only 1 freehold instrument\n\nThe trustee of freehold option land may have only 1 freehold instrument for the land.\nHowever, if the trustee is an indigenous regional council, the trustee may have more than 1 freehold instrument only if the freehold instruments do not overlap in relation to available land.\nIn this section—\nindigenous regional council see the Local Government Act 2009 , schedule 4 .\ns 32E ins 2014 No. 45 s 5\n(sec.32E-ssec.1) The trustee of freehold option land may have only 1 freehold instrument for the land.\n(sec.32E-ssec.2) However, if the trustee is an indigenous regional council, the trustee may have more than 1 freehold instrument only if the freehold instruments do not overlap in relation to available land.\n(sec.32E-ssec.3) In this section— indigenous regional council see the Local Government Act 2009 , schedule 4 .","sortOrder":53},{"sectionNumber":"sec.32F","sectionType":"section","heading":"Definition for sdiv 2","content":"### sec.32F Definition for sdiv 2\n\nIn this subdivision—\nmodel freehold instrument means a model freehold schedule and the freehold policy for the model freehold schedule.\ns 32F ins 2014 No. 45 s 5","sortOrder":54},{"sectionNumber":"sec.32G","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.32G Application of sdiv 2\n\nThis subdivision states how a freehold instrument may be made, amended or repealed.\ns 32G ins 2014 No. 45 s 5","sortOrder":55},{"sectionNumber":"sec.32H","sectionType":"section","heading":"Minister to make and publish guideline","content":"### sec.32H Minister to make and publish guideline\n\nThe Minister must make, and publish on the department’s website, a guideline about the process for—\nattaching a freehold instrument to a local government’s planning scheme; and\namending or repealing a freehold instrument.\nThe guideline must make provision for a local government to do all of the following things before attaching a freehold instrument to its planning scheme—\npublish a notice about the freehold instrument in a newspaper or other publication circulating generally in the local government’s area at least once;\ncarry out public consultation about the freehold instrument;\ngive the Minister a notice summarising the matters raised during the public consultation and stating how the local government or the trustee dealt with the matters.\ns 32H ins 2014 No. 45 s 5\n(sec.32H-ssec.1) The Minister must make, and publish on the department’s website, a guideline about the process for— attaching a freehold instrument to a local government’s planning scheme; and amending or repealing a freehold instrument.\n(sec.32H-ssec.2) The guideline must make provision for a local government to do all of the following things before attaching a freehold instrument to its planning scheme— publish a notice about the freehold instrument in a newspaper or other publication circulating generally in the local government’s area at least once; carry out public consultation about the freehold instrument; give the Minister a notice summarising the matters raised during the public consultation and stating how the local government or the trustee dealt with the matters.\n- (a) attaching a freehold instrument to a local government’s planning scheme; and\n- (b) amending or repealing a freehold instrument.\n- (a) publish a notice about the freehold instrument in a newspaper or other publication circulating generally in the local government’s area at least once;\n- (b) carry out public consultation about the freehold instrument;\n- (c) give the Minister a notice summarising the matters raised during the public consultation and stating how the local government or the trustee dealt with the matters.","sortOrder":56},{"sectionNumber":"sec.32I","sectionType":"section","heading":"Trustee to consult","content":"### sec.32I Trustee to consult\n\nBefore the trustee of freehold option land starts the process for making a freehold instrument in relation to freehold option land, the trustee must decide on the way (the decided way ) in which the trustee will consult about the making of the freehold instrument.\nSee section 179 .\nThe purpose of the consultation is to enable the trustee to be reasonably satisfied it is appropriate for the freehold option land to be granted in freehold.\nThe decided way must—\nrequire the trustee to consult with the native title holders for the freehold option land proposed to be included in the freehold schedule; and\ninclude how the trustee will notify the community about the freehold instrument; and\nallow a suitable and sufficient opportunity for each person the trustee consults to express their views about the freehold instrument.\nThe trustee must—\nconsult on the freehold instrument in the decided way; and\nkeep records about the consultation showing the consultation was consistent with the decided way.\ns 32I ins 2014 No. 45 s 5\n(sec.32I-ssec.1) Before the trustee of freehold option land starts the process for making a freehold instrument in relation to freehold option land, the trustee must decide on the way (the decided way ) in which the trustee will consult about the making of the freehold instrument. See section 179 .\n(sec.32I-ssec.2) The purpose of the consultation is to enable the trustee to be reasonably satisfied it is appropriate for the freehold option land to be granted in freehold.\n(sec.32I-ssec.3) The decided way must— require the trustee to consult with the native title holders for the freehold option land proposed to be included in the freehold schedule; and include how the trustee will notify the community about the freehold instrument; and allow a suitable and sufficient opportunity for each person the trustee consults to express their views about the freehold instrument.\n(sec.32I-ssec.4) The trustee must— consult on the freehold instrument in the decided way; and keep records about the consultation showing the consultation was consistent with the decided way.\n- (a) require the trustee to consult with the native title holders for the freehold option land proposed to be included in the freehold schedule; and\n- (b) include how the trustee will notify the community about the freehold instrument; and\n- (c) allow a suitable and sufficient opportunity for each person the trustee consults to express their views about the freehold instrument.\n- (a) consult on the freehold instrument in the decided way; and\n- (b) keep records about the consultation showing the consultation was consistent with the decided way.","sortOrder":57},{"sectionNumber":"sec.32J","sectionType":"section","heading":"Trustee to give freehold instrument to Minister or local government","content":"### sec.32J Trustee to give freehold instrument to Minister or local government\n\nThis section applies if, after consulting on a proposed freehold instrument, the trustee decides to continue to make a freehold instrument.\nThe trustee must—\nfor a model freehold instrument—give the model freehold instrument to the Minister for approval; or\notherwise—ask, by notice, the local government for the area in which the proposed freehold option land is situated to attach the freehold instrument to the local government’s planning scheme.\nIn this section—\nproposed freehold option land means freehold option land proposed to be included in a freehold schedule.\ns 32J ins 2014 No. 45 s 5\n(sec.32J-ssec.1) This section applies if, after consulting on a proposed freehold instrument, the trustee decides to continue to make a freehold instrument.\n(sec.32J-ssec.2) The trustee must— for a model freehold instrument—give the model freehold instrument to the Minister for approval; or otherwise—ask, by notice, the local government for the area in which the proposed freehold option land is situated to attach the freehold instrument to the local government’s planning scheme.\n(sec.32J-ssec.3) In this section— proposed freehold option land means freehold option land proposed to be included in a freehold schedule.\n- (a) for a model freehold instrument—give the model freehold instrument to the Minister for approval; or\n- (b) otherwise—ask, by notice, the local government for the area in which the proposed freehold option land is situated to attach the freehold instrument to the local government’s planning scheme.","sortOrder":58},{"sectionNumber":"sec.32K","sectionType":"section","heading":"Local government to follow process in guideline","content":"### sec.32K Local government to follow process in guideline\n\nThis section applies if a local government receives a notice under section 32J (2) (b) in relation to a freehold instrument.\nThe local government must follow the process stated in the guideline made by the Minister under section 32H .\nAfter the process is completed, the local government must give the freehold instrument to the Minister for approval.\ns 32K ins 2014 No. 45 s 5\n(sec.32K-ssec.1) This section applies if a local government receives a notice under section 32J (2) (b) in relation to a freehold instrument.\n(sec.32K-ssec.2) The local government must follow the process stated in the guideline made by the Minister under section 32H .\n(sec.32K-ssec.3) After the process is completed, the local government must give the freehold instrument to the Minister for approval.","sortOrder":59},{"sectionNumber":"sec.32L","sectionType":"section","heading":"Minister may approve","content":"### sec.32L Minister may approve\n\nIf the Minister is given a freehold instrument for approval, the Minister may—\napprove the freehold instrument; or\napprove the freehold instrument on the condition the local government or trustee for the available land amends the freehold instrument in the way the Minister directs; or\nrefuse to approve the freehold instrument.\nIn making a decision under subsection (1) about a freehold instrument, other than a model freehold instrument, the Minister must have regard to information given to the Minister by the local government for the freehold instrument after the local government has completed the process under section 32K .\nThe Minister may approve a freehold instrument if reasonably satisfied—\nfor a model freehold instrument—the model freehold schedule only includes freehold option land of a type prescribed by regulation for section 32D (4) ; and\nthe trustee has consulted with the native title holders for the freehold option land proposed to be included in the freehold schedule; and\nthe consultation was consistent with the way decided by the trustee under section 32I .\nThe Minister must give notice of the decision under subsection (1) to the local government and the trustee for the freehold instrument.\nIf the Minister approves a freehold instrument, the local government must—\nattach the freehold instrument to its planning scheme; and\npublish, in a newspaper or other publication circulating generally in the local government’s area at least once, a notice stating the freehold instrument is approved and attached to its planning scheme.\ns 32N ins 2014 No. 45 s 5\n(sec.32L-ssec.1) If the Minister is given a freehold instrument for approval, the Minister may— approve the freehold instrument; or approve the freehold instrument on the condition the local government or trustee for the available land amends the freehold instrument in the way the Minister directs; or refuse to approve the freehold instrument.\n(sec.32L-ssec.2) In making a decision under subsection (1) about a freehold instrument, other than a model freehold instrument, the Minister must have regard to information given to the Minister by the local government for the freehold instrument after the local government has completed the process under section 32K .\n(sec.32L-ssec.3) The Minister may approve a freehold instrument if reasonably satisfied— for a model freehold instrument—the model freehold schedule only includes freehold option land of a type prescribed by regulation for section 32D (4) ; and the trustee has consulted with the native title holders for the freehold option land proposed to be included in the freehold schedule; and the consultation was consistent with the way decided by the trustee under section 32I .\n(sec.32L-ssec.4) The Minister must give notice of the decision under subsection (1) to the local government and the trustee for the freehold instrument.\n(sec.32L-ssec.5) If the Minister approves a freehold instrument, the local government must— attach the freehold instrument to its planning scheme; and publish, in a newspaper or other publication circulating generally in the local government’s area at least once, a notice stating the freehold instrument is approved and attached to its planning scheme.\n- (a) approve the freehold instrument; or\n- (b) approve the freehold instrument on the condition the local government or trustee for the available land amends the freehold instrument in the way the Minister directs; or\n- (c) refuse to approve the freehold instrument.\n- (a) for a model freehold instrument—the model freehold schedule only includes freehold option land of a type prescribed by regulation for section 32D (4) ; and\n- (b) the trustee has consulted with the native title holders for the freehold option land proposed to be included in the freehold schedule; and\n- (c) the consultation was consistent with the way decided by the trustee under section 32I .\n- (a) attach the freehold instrument to its planning scheme; and\n- (b) publish, in a newspaper or other publication circulating generally in the local government’s area at least once, a notice stating the freehold instrument is approved and attached to its planning scheme.","sortOrder":60},{"sectionNumber":"sec.32M","sectionType":"section","heading":"Amending or repealing freehold instrument","content":"### sec.32M Amending or repealing freehold instrument\n\nA freehold instrument attached to a local government’s planning scheme may be amended or repealed by a trustee only by following the process stated in the guideline made by the Minister under section 32H .\ns 32M ins 2014 No. 45 s 5","sortOrder":61},{"sectionNumber":"sec.32N","sectionType":"section","heading":"Effect of freehold instrument","content":"### sec.32N Effect of freehold instrument\n\nA freehold instrument has effect on and after the day the local government for the area in which the available land is situated attaches the freehold instrument to the local government’s planning scheme.\ns 32N ins 2014 No. 45 s 5","sortOrder":62},{"sectionNumber":"sec.32O","sectionType":"section","heading":"Relationship with planning scheme","content":"### sec.32O Relationship with planning scheme\n\nAttaching a freehold instrument to a planning scheme is not an amendment of the planning scheme.\nA freehold instrument attached to a planning scheme—\ndoes not form part of the planning scheme; and\nis the responsibility of the trustee for the available land; and\nif the planning scheme is amended or repealed and remade (with or without modification)—may be attached without amendment by the local government to the amended or remade planning scheme.\ns 32O ins 2014 No. 45 s 5\n(sec.32O-ssec.1) Attaching a freehold instrument to a planning scheme is not an amendment of the planning scheme.\n(sec.32O-ssec.2) A freehold instrument attached to a planning scheme— does not form part of the planning scheme; and is the responsibility of the trustee for the available land; and if the planning scheme is amended or repealed and remade (with or without modification)—may be attached without amendment by the local government to the amended or remade planning scheme.\n- (a) does not form part of the planning scheme; and\n- (b) is the responsibility of the trustee for the available land; and\n- (c) if the planning scheme is amended or repealed and remade (with or without modification)—may be attached without amendment by the local government to the amended or remade planning scheme.","sortOrder":63},{"sectionNumber":"pt.2A-div.5","sectionType":"division","heading":"Allocation process for available land—interest holder","content":"## Allocation process for available land—interest holder","sortOrder":64},{"sectionNumber":"sec.32P","sectionType":"section","heading":"Application of div 5","content":"### sec.32P Application of div 5\n\nThis division states the allocation process for available land if there is an interest holder for the available land.\ns 32P ins 2014 No. 45 s 5","sortOrder":65},{"sectionNumber":"sec.32Q","sectionType":"section","heading":"Application for available land","content":"### sec.32Q Application for available land\n\nA person who is an eligible person and an interest holder for available land may apply, in the approved form, to the trustee of the land for the land to be granted to the person.\ns 32Q ins 2014 No. 45 s 5","sortOrder":66},{"sectionNumber":"sec.32R","sectionType":"section","heading":"Dwelling on available land","content":"### sec.32R Dwelling on available land\n\nThis section applies if a dwelling is situated on available land the subject of the application.\nThe trustee must give notice about the application to the housing chief executive.\nWithin 28 days after receiving the notice, the housing chief executive must give the trustee a notice (a dwelling notice ) stating whether—\nthe dwelling is a social housing dwelling; and\nif the dwelling is a social housing dwelling—the housing chief executive consents to the applicant making the application.\nIn deciding whether to consent to the applicant making the application, the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be social housing.\nIf the dwelling notice states the housing chief executive consents to the applicant making the application, the trustee must decide the price of the dwelling—\nby agreement with the housing chief executive; or\nby using a methodology agreed between the trustee and the housing chief executive.\nThe housing chief executive must, if asked, give a person a copy of the methodology.\ns 32R ins 2014 No. 45 s 5\namd 2019 No. 7 s 6\n(sec.32R-ssec.1) This section applies if a dwelling is situated on available land the subject of the application.\n(sec.32R-ssec.2) The trustee must give notice about the application to the housing chief executive.\n(sec.32R-ssec.3) Within 28 days after receiving the notice, the housing chief executive must give the trustee a notice (a dwelling notice ) stating whether— the dwelling is a social housing dwelling; and if the dwelling is a social housing dwelling—the housing chief executive consents to the applicant making the application.\n(sec.32R-ssec.4) In deciding whether to consent to the applicant making the application, the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be social housing.\n(sec.32R-ssec.5) If the dwelling notice states the housing chief executive consents to the applicant making the application, the trustee must decide the price of the dwelling— by agreement with the housing chief executive; or by using a methodology agreed between the trustee and the housing chief executive.\n(sec.32R-ssec.6) The housing chief executive must, if asked, give a person a copy of the methodology.\n- (a) the dwelling is a social housing dwelling; and\n- (b) if the dwelling is a social housing dwelling—the housing chief executive consents to the applicant making the application.\n- (a) by agreement with the housing chief executive; or\n- (b) by using a methodology agreed between the trustee and the housing chief executive.","sortOrder":67},{"sectionNumber":"sec.32S","sectionType":"section","heading":"Decision on application","content":"### sec.32S Decision on application\n\nThe trustee must consider the application and decide to approve or refuse the application.\nHowever, if a dwelling is situated on the available land the subject of the application, the trustee—\nmust not decide the application until the trustee receives a notice from the housing chief executive under section 32R (3) ; and\nmust refuse the application if the notice states the dwelling is a social housing dwelling and the housing chief executive does not consent to the applicant making the application.\nThe trustee may approve the application only if the trustee is reasonably satisfied—\nthe applicant is an eligible person for the available land the subject of the application; and\nif there is more than 1 interest holder for the available land, either—\nall interest holders for the available land have made the application; or\nall interest holders for the available land have consented to the applicant making the application; and\nif there is a mortgage over the available land—the mortgagee has consented to the applicant making the application.\nIf the trustee is reasonably satisfied of the matters mentioned in subsection (3) , the trustee must approve the application.\nIf the trustee decides to refuse the application, the trustee must give the applicant an information notice for the decision.\ns 32S ins 2014 No. 45 s 5\n(sec.32S-ssec.1) The trustee must consider the application and decide to approve or refuse the application.\n(sec.32S-ssec.2) However, if a dwelling is situated on the available land the subject of the application, the trustee— must not decide the application until the trustee receives a notice from the housing chief executive under section 32R (3) ; and must refuse the application if the notice states the dwelling is a social housing dwelling and the housing chief executive does not consent to the applicant making the application.\n(sec.32S-ssec.3) The trustee may approve the application only if the trustee is reasonably satisfied— the applicant is an eligible person for the available land the subject of the application; and if there is more than 1 interest holder for the available land, either— all interest holders for the available land have made the application; or all interest holders for the available land have consented to the applicant making the application; and if there is a mortgage over the available land—the mortgagee has consented to the applicant making the application.\n(sec.32S-ssec.4) If the trustee is reasonably satisfied of the matters mentioned in subsection (3) , the trustee must approve the application.\n(sec.32S-ssec.5) If the trustee decides to refuse the application, the trustee must give the applicant an information notice for the decision.\n- (a) must not decide the application until the trustee receives a notice from the housing chief executive under section 32R (3) ; and\n- (b) must refuse the application if the notice states the dwelling is a social housing dwelling and the housing chief executive does not consent to the applicant making the application.\n- (a) the applicant is an eligible person for the available land the subject of the application; and\n- (b) if there is more than 1 interest holder for the available land, either— (i) all interest holders for the available land have made the application; or (ii) all interest holders for the available land have consented to the applicant making the application; and\n- (i) all interest holders for the available land have made the application; or\n- (ii) all interest holders for the available land have consented to the applicant making the application; and\n- (c) if there is a mortgage over the available land—the mortgagee has consented to the applicant making the application.\n- (i) all interest holders for the available land have made the application; or\n- (ii) all interest holders for the available land have consented to the applicant making the application; and","sortOrder":68},{"sectionNumber":"sec.32T","sectionType":"section","heading":"Offer to allocate available land","content":"### sec.32T Offer to allocate available land\n\nIf the trustee approves the eligible person’s application, the trustee must offer, in writing, to allocate the available land to the eligible person.\nHowever, the trustee may make the offer only after the appeal period for the available land.\nIf there is a social housing dwelling on the available land, the trustee must make the offer subject to a condition that the eligible person must purchase the dwelling at the price decided under section 32R (5) .\nThe trustee may make the offer subject to any other conditions the trustee reasonably considers necessary.\nIn deciding whether to impose conditions on the offer under subsection (4) , the trustee must have regard to the freehold instrument.\nIf the trustee decides to impose conditions on the offer, other than a condition mentioned in subsection (3) , the trustee must give the eligible person an information notice for the decision.\nThe trustee must give notice to the chief executive in the approved form about the offer.\ns 32T ins 2014 No. 45 s 5\namd 2019 No. 7 s 7\n(sec.32T-ssec.1) If the trustee approves the eligible person’s application, the trustee must offer, in writing, to allocate the available land to the eligible person.\n(sec.32T-ssec.2) However, the trustee may make the offer only after the appeal period for the available land.\n(sec.32T-ssec.3) If there is a social housing dwelling on the available land, the trustee must make the offer subject to a condition that the eligible person must purchase the dwelling at the price decided under section 32R (5) .\n(sec.32T-ssec.4) The trustee may make the offer subject to any other conditions the trustee reasonably considers necessary.\n(sec.32T-ssec.5) In deciding whether to impose conditions on the offer under subsection (4) , the trustee must have regard to the freehold instrument.\n(sec.32T-ssec.6) If the trustee decides to impose conditions on the offer, other than a condition mentioned in subsection (3) , the trustee must give the eligible person an information notice for the decision.\n(sec.32T-ssec.7) The trustee must give notice to the chief executive in the approved form about the offer.","sortOrder":69},{"sectionNumber":"sec.32U","sectionType":"section","heading":"Acceptance and refusal of offer","content":"### sec.32U Acceptance and refusal of offer\n\nOn receipt of the trustee’s offer, the eligible person may accept or refuse the offer by notice given to the trustee.\nHowever, if the eligible person does not give notice to the trustee within 45 days after the eligible person receives the offer, the eligible person is taken to have refused the offer.\nIf the eligible person refuses the offer, the trustee must give notice about the refusal to the chief executive.\ns 32U ins 2014 No. 45 s 5\n(sec.32U-ssec.1) On receipt of the trustee’s offer, the eligible person may accept or refuse the offer by notice given to the trustee.\n(sec.32U-ssec.2) However, if the eligible person does not give notice to the trustee within 45 days after the eligible person receives the offer, the eligible person is taken to have refused the offer.\n(sec.32U-ssec.3) If the eligible person refuses the offer, the trustee must give notice about the refusal to the chief executive.","sortOrder":70},{"sectionNumber":"sec.32V","sectionType":"section","heading":"Cooling-off period to apply to acceptance","content":"### sec.32V Cooling-off period to apply to acceptance\n\nA cooling-off period , for accepting an offer, is a period of 5 business days—\nstarting on the day the eligible person gives notice about accepting the offer to the trustee; and\nending at 5p.m. on the fifth business day after the day mentioned in paragraph (a) .\nAn eligible person who accepts, or proposes to accept, an offer may give written notice to the trustee—\nwaiving the cooling-off period for accepting the offer; or\nshortening the cooling-off period for accepting the offer.\nAn eligible person who has not waived the cooling-off period for accepting an offer may rescind or revoke the acceptance by giving a signed notice of rescission or revocation to the trustee at any time during—\nthe cooling-off period; or\nif the period has been shortened under subsection (2) (b) , the shortened period.\nIf the acceptance is rescinded or revoked under subsection (3) , the trustee must, within 14 days, refund any deposit paid under the acceptance to the eligible person.\nAn amount payable to the eligible person under subsection (4) is recoverable from the trustee as a debt.\ns 32V ins 2014 No. 45 s 5\n(sec.32V-ssec.1) A cooling-off period , for accepting an offer, is a period of 5 business days— starting on the day the eligible person gives notice about accepting the offer to the trustee; and ending at 5p.m. on the fifth business day after the day mentioned in paragraph (a) .\n(sec.32V-ssec.2) An eligible person who accepts, or proposes to accept, an offer may give written notice to the trustee— waiving the cooling-off period for accepting the offer; or shortening the cooling-off period for accepting the offer.\n(sec.32V-ssec.3) An eligible person who has not waived the cooling-off period for accepting an offer may rescind or revoke the acceptance by giving a signed notice of rescission or revocation to the trustee at any time during— the cooling-off period; or if the period has been shortened under subsection (2) (b) , the shortened period.\n(sec.32V-ssec.4) If the acceptance is rescinded or revoked under subsection (3) , the trustee must, within 14 days, refund any deposit paid under the acceptance to the eligible person.\n(sec.32V-ssec.5) An amount payable to the eligible person under subsection (4) is recoverable from the trustee as a debt.\n- (a) starting on the day the eligible person gives notice about accepting the offer to the trustee; and\n- (b) ending at 5p.m. on the fifth business day after the day mentioned in paragraph (a) .\n- (a) waiving the cooling-off period for accepting the offer; or\n- (b) shortening the cooling-off period for accepting the offer.\n- (a) the cooling-off period; or\n- (b) if the period has been shortened under subsection (2) (b) , the shortened period.","sortOrder":71},{"sectionNumber":"sec.32W","sectionType":"section","heading":"When offer ends","content":"### sec.32W When offer ends\n\nAn offer ends when the first of the following happens—\nthe eligible person refuses the offer under section 32U ;\nthe eligible person gives notice of rescission or revocation of acceptance to the trustee under section 32V ;\nthe eligible person dies;\nthe eligible person is no longer an interest holder for the available land;\nif the offer includes a condition about when the offer ends—the day the offer ends under the condition.\ns 32W ins 2014 No. 45 s 5\n- (a) the eligible person refuses the offer under section 32U ;\n- (b) the eligible person gives notice of rescission or revocation of acceptance to the trustee under section 32V ;\n- (c) the eligible person dies;\n- (d) the eligible person is no longer an interest holder for the available land;\n- (e) if the offer includes a condition about when the offer ends—the day the offer ends under the condition.","sortOrder":72},{"sectionNumber":"sec.32X","sectionType":"section","heading":"Allocation of available land to eligible person","content":"### sec.32X Allocation of available land to eligible person\n\nAfter complying with all conditions of the offer, the eligible person must give notice to the trustee.\nIf, after receiving the notice, the trustee is reasonably satisfied the eligible person has complied with all conditions of the offer, the trustee must allocate the available land to the eligible person.\nAvailable land may be granted in freehold to an eligible person who is allocated the available land. See section 32C .\ns 32X ins 2014 No. 45 s 5\n- (1) After complying with all conditions of the offer, the eligible person must give notice to the trustee.\n- (2) If, after receiving the notice, the trustee is reasonably satisfied the eligible person has complied with all conditions of the offer, the trustee must allocate the available land to the eligible person. Note— Available land may be granted in freehold to an eligible person who is allocated the available land. See section 32C .","sortOrder":73},{"sectionNumber":"pt.2A-div.6","sectionType":"division","heading":"Allocation process for available land if no interest holder","content":"## Allocation process for available land if no interest holder","sortOrder":74},{"sectionNumber":"sec.32Y","sectionType":"section","heading":"Application of div 6","content":"### sec.32Y Application of div 6\n\nThis division states the allocation process for available land if there is no interest holder for the available land.\nA freehold instrument states the allocation method for available land. See section 32D (6) .\ns 32Y ins 2014 No. 45 s 5","sortOrder":75},{"sectionNumber":"sec.32Z","sectionType":"section","heading":"Public notice of intention to allocate available land","content":"### sec.32Z Public notice of intention to allocate available land\n\nBefore allocating available land, the trustee of the available land must publish notice of the trustee’s intention to allocate the available land—\nby gazette notice (the allocation notice ); and\nin a newspaper or other publication circulating generally in the area in which the land is situated at least once.\nThe trustee may act under subsection (1) only if—\nthere is a lot on plan description for the available land; and\nthere is dedicated access to the available land; and\nnative title over the available land has been, or will be, surrendered or extinguished; and\nthe trustee has given notice to the chief executive about the trustee’s intention to allocate the available land.\ns 32Z ins 2014 No. 45 s 5\n(sec.32Z-ssec.1) Before allocating available land, the trustee of the available land must publish notice of the trustee’s intention to allocate the available land— by gazette notice (the allocation notice ); and in a newspaper or other publication circulating generally in the area in which the land is situated at least once.\n(sec.32Z-ssec.2) The trustee may act under subsection (1) only if— there is a lot on plan description for the available land; and there is dedicated access to the available land; and native title over the available land has been, or will be, surrendered or extinguished; and the trustee has given notice to the chief executive about the trustee’s intention to allocate the available land.\n- (a) by gazette notice (the allocation notice ); and\n- (b) in a newspaper or other publication circulating generally in the area in which the land is situated at least once.\n- (a) there is a lot on plan description for the available land; and\n- (b) there is dedicated access to the available land; and\n- (c) native title over the available land has been, or will be, surrendered or extinguished; and\n- (d) the trustee has given notice to the chief executive about the trustee’s intention to allocate the available land.","sortOrder":76},{"sectionNumber":"sec.32ZA","sectionType":"section","heading":"Information to be included in allocation notice","content":"### sec.32ZA Information to be included in allocation notice\n\nThe allocation notice must include the following information for the available land—\nthe eligibility criteria;\nthe allocation method;\nthe conditions applying to an offer of the available land;\nthe day (the closing day ) applications to participate in the allocation process close;\nthe time and place for making applications;\nthe reserve or purchase price;\nthe deposit, if any, to be paid to participate in the allocation process and the proposed date, time and place for payment of the deposit;\nthe proposed date, time and place where the available land will be allocated;\nAfter the appeal period for the available land, the trustee must give notice of the date, time and place where the available land will be allocated. See section 32ZD .\nthe name and contact details of the probity advisor appointed.\nThe closing day must be at least 30 days after the allocation notice is gazetted.\ns 32ZA ins 2014 No. 45 s 5\n(sec.32ZA-ssec.1) The allocation notice must include the following information for the available land— the eligibility criteria; the allocation method; the conditions applying to an offer of the available land; the day (the closing day ) applications to participate in the allocation process close; the time and place for making applications; the reserve or purchase price; the deposit, if any, to be paid to participate in the allocation process and the proposed date, time and place for payment of the deposit; the proposed date, time and place where the available land will be allocated; After the appeal period for the available land, the trustee must give notice of the date, time and place where the available land will be allocated. See section 32ZD . the name and contact details of the probity advisor appointed.\n(sec.32ZA-ssec.2) The closing day must be at least 30 days after the allocation notice is gazetted.\n- (a) the eligibility criteria;\n- (b) the allocation method;\n- (c) the conditions applying to an offer of the available land;\n- (d) the day (the closing day ) applications to participate in the allocation process close;\n- (e) the time and place for making applications;\n- (f) the reserve or purchase price;\n- (g) the deposit, if any, to be paid to participate in the allocation process and the proposed date, time and place for payment of the deposit;\n- (h) the proposed date, time and place where the available land will be allocated; Note— After the appeal period for the available land, the trustee must give notice of the date, time and place where the available land will be allocated. See section 32ZD .\n- (i) the name and contact details of the probity advisor appointed.","sortOrder":77},{"sectionNumber":"sec.32ZB","sectionType":"section","heading":"Probity advisor","content":"### sec.32ZB Probity advisor\n\nThe trustee must appoint an appropriately qualified and independent person (a probity advisor ) to ensure the probity of the allocation process for the available land.\nThe probity advisor must—\nmonitor the allocation process for the available land; and\nadvise the trustee on matters relating to the probity of the allocation process; and\nprepare and give to the trustee a report about the probity of the allocation process and, if reasonably satisfied the allocation process was undertaken correctly, certify that fact.\ns 32ZB ins 2014 No. 45 s 5\n(sec.32ZB-ssec.1) The trustee must appoint an appropriately qualified and independent person (a probity advisor ) to ensure the probity of the allocation process for the available land.\n(sec.32ZB-ssec.2) The probity advisor must— monitor the allocation process for the available land; and advise the trustee on matters relating to the probity of the allocation process; and prepare and give to the trustee a report about the probity of the allocation process and, if reasonably satisfied the allocation process was undertaken correctly, certify that fact.\n- (a) monitor the allocation process for the available land; and\n- (b) advise the trustee on matters relating to the probity of the allocation process; and\n- (c) prepare and give to the trustee a report about the probity of the allocation process and, if reasonably satisfied the allocation process was undertaken correctly, certify that fact.","sortOrder":78},{"sectionNumber":"sec.32ZC","sectionType":"section","heading":"Decision on application to participate in allocation process","content":"### sec.32ZC Decision on application to participate in allocation process\n\nAs soon as practicable after the closing day, the trustee must decide whether each applicant is an eligible person for the available land and give each applicant a notice about the decision.\nIf the trustee decides an applicant is an eligible person for the available land, the trustee must allow the applicant to participate in the allocation process for the available land.\nIf the trustee decides the applicant is not an eligible person for the available land, the trustee—\nmust give the applicant an information notice for the decision; and\nmust not allow the applicant to participate in the allocation process for the available land.\ns 32ZC ins 2014 No. 45 s 5\n(sec.32ZC-ssec.1) As soon as practicable after the closing day, the trustee must decide whether each applicant is an eligible person for the available land and give each applicant a notice about the decision.\n(sec.32ZC-ssec.2) If the trustee decides an applicant is an eligible person for the available land, the trustee must allow the applicant to participate in the allocation process for the available land.\n(sec.32ZC-ssec.3) If the trustee decides the applicant is not an eligible person for the available land, the trustee— must give the applicant an information notice for the decision; and must not allow the applicant to participate in the allocation process for the available land.\n- (a) must give the applicant an information notice for the decision; and\n- (b) must not allow the applicant to participate in the allocation process for the available land.","sortOrder":79},{"sectionNumber":"sec.32ZD","sectionType":"section","heading":"Notice of allocation of available land","content":"### sec.32ZD Notice of allocation of available land\n\nAfter the appeal period for the available land, the trustee must give each applicant who is able to participate in the allocation process for the available land a notice stating—\nthe date, time and place where the available land will be allocated (the allocation date ); and\nif the allocation notice requires a deposit to be paid—the date by which the deposit must be paid; and\nthe applicant must give notice to the trustee before the allocation date if the applicant no longer wishes to participate in the allocation process.\nThe date mentioned in subsection (1) (b) must be—\nat least 30 days after the notice under this section is given; and\nbefore the allocation date.\nIf the applicant does not pay the deposit by the date mentioned in subsection (1) (b) , the applicant must not participate in the allocation process.\ns 32ZD ins 2014 No. 45 s 5\n(sec.32ZD-ssec.1) After the appeal period for the available land, the trustee must give each applicant who is able to participate in the allocation process for the available land a notice stating— the date, time and place where the available land will be allocated (the allocation date ); and if the allocation notice requires a deposit to be paid—the date by which the deposit must be paid; and the applicant must give notice to the trustee before the allocation date if the applicant no longer wishes to participate in the allocation process.\n(sec.32ZD-ssec.2) The date mentioned in subsection (1) (b) must be— at least 30 days after the notice under this section is given; and before the allocation date.\n(sec.32ZD-ssec.3) If the applicant does not pay the deposit by the date mentioned in subsection (1) (b) , the applicant must not participate in the allocation process.\n- (a) the date, time and place where the available land will be allocated (the allocation date ); and\n- (b) if the allocation notice requires a deposit to be paid—the date by which the deposit must be paid; and\n- (c) the applicant must give notice to the trustee before the allocation date if the applicant no longer wishes to participate in the allocation process.\n- (a) at least 30 days after the notice under this section is given; and\n- (b) before the allocation date.","sortOrder":80},{"sectionNumber":"sec.32ZE","sectionType":"section","heading":"How and when trustee may allocate","content":"### sec.32ZE How and when trustee may allocate\n\nThe trustee may allocate the available land only—\nafter the end of the appeal period; and\nby using the allocation method consistent with all of the following for the available land—\nthe freehold instrument;\nthe allocation notice;\nthe probity advisor’s advice.\ns 32ZE ins 2014 No. 45 s 5\n- (a) after the end of the appeal period; and\n- (b) by using the allocation method consistent with all of the following for the available land— (i) the freehold instrument; (ii) the allocation notice; (iii) the probity advisor’s advice.\n- (i) the freehold instrument;\n- (ii) the allocation notice;\n- (iii) the probity advisor’s advice.\n- (i) the freehold instrument;\n- (ii) the allocation notice;\n- (iii) the probity advisor’s advice.","sortOrder":81},{"sectionNumber":"sec.32ZF","sectionType":"section","heading":"Allocation of available land","content":"### sec.32ZF Allocation of available land\n\nThe trustee must allocate the available land to the eligible person who is the winner under the allocation method used to allocate the available land.\nAvailable land may be granted in freehold to an eligible person who is allocated the available land. See section 32C .\ns 32ZF ins 2014 No. 45 s 5","sortOrder":82},{"sectionNumber":"sec.32ZG","sectionType":"section","heading":"Deposits","content":"### sec.32ZG Deposits\n\nThe trustee must refund the deposit of each unsuccessful applicant after the trustee allocates the available land.\ns 32ZG ins 2014 No. 45 s 5","sortOrder":83},{"sectionNumber":"pt.2A-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":84},{"sectionNumber":"sec.32ZH","sectionType":"section","heading":"Continuation of mortgages and easements","content":"### sec.32ZH Continuation of mortgages and easements\n\nA deed of grant for available land approved to be granted in fee simple under section 32C is subject to all registered mortgages and easements to which the available land was subject immediately before it was granted, and in the same priorities.\ns 32ZH ins 2014 No. 45 s 5","sortOrder":85},{"sectionNumber":"sec.32ZI","sectionType":"section","heading":"Cancellation of deeds of grant in trust, reserves etc.","content":"### sec.32ZI Cancellation of deeds of grant in trust, reserves etc.\n\nThis section applies if—\navailable land is subject to any of the following (each an old tenure ) when the trustee for the land applies for the land to be granted in fee simple under section 32C —\na deed of grant in trust;\na reserve dedicated under the Land Act ;\na townsite lease;\nan interest mentioned in section 32B , definition interest holder ; and\na deed of grant in fee simple (a new tenure ) for the available land is registered.\nThe old tenure is cancelled to the extent of the new tenure.\ns 32ZI ins 2014 No. 45 s 5\namd 2014 No. 45 s 58 sch 1 pt 2\n(sec.32ZI-ssec.1) This section applies if— available land is subject to any of the following (each an old tenure ) when the trustee for the land applies for the land to be granted in fee simple under section 32C — a deed of grant in trust; a reserve dedicated under the Land Act ; a townsite lease; an interest mentioned in section 32B , definition interest holder ; and a deed of grant in fee simple (a new tenure ) for the available land is registered.\n(sec.32ZI-ssec.2) The old tenure is cancelled to the extent of the new tenure.\n- (a) available land is subject to any of the following (each an old tenure ) when the trustee for the land applies for the land to be granted in fee simple under section 32C — (i) a deed of grant in trust; (ii) a reserve dedicated under the Land Act ; (iii) a townsite lease; (iv) an interest mentioned in section 32B , definition interest holder ; and\n- (i) a deed of grant in trust;\n- (ii) a reserve dedicated under the Land Act ;\n- (iii) a townsite lease;\n- (iv) an interest mentioned in section 32B , definition interest holder ; and\n- (b) a deed of grant in fee simple (a new tenure ) for the available land is registered.\n- (i) a deed of grant in trust;\n- (ii) a reserve dedicated under the Land Act ;\n- (iii) a townsite lease;\n- (iv) an interest mentioned in section 32B , definition interest holder ; and","sortOrder":86},{"sectionNumber":"pt.3","sectionType":"part","heading":"Formal expression of interest about land","content":"# Formal expression of interest about land","sortOrder":87},{"sectionNumber":"sec.33","sectionType":"section","heading":"Purpose of pt 3","content":"### sec.33 Purpose of pt 3\n\nThe purpose of this part is to provide for a process under which Aboriginal people may formally express an interest to the chief executive in having particular land made transferable land.\ns 33 ins 2008 No. 29 s 15","sortOrder":88},{"sectionNumber":"sec.34","sectionType":"section","heading":"Land to which pt 3 applies","content":"### sec.34 Land to which pt 3 applies\n\nThis part applies to the following land—\navailable State land;\nland dedicated as a reserve under the Land Act ;\na stock route;\nland subject to an occupation licence;\nland held under a lease under the Land Act by or for Aboriginal people.\ns 34 ins 2008 No. 29 s 15\n- (a) available State land;\n- (b) land dedicated as a reserve under the Land Act ;\n- (c) a stock route;\n- (d) land subject to an occupation licence;\n- (e) land held under a lease under the Land Act by or for Aboriginal people.","sortOrder":89},{"sectionNumber":"sec.35","sectionType":"section","heading":"Expression of interest in having land made transferable land","content":"### sec.35 Expression of interest in having land made transferable land\n\nAboriginal people particularly concerned with land mentioned in section 34 may, by notice given to the chief executive (an expression of interest ), express an interest in having the land made transferable land.\nThe expression of interest must—\nbe in the approved form; and\ninclude the details required in the approved form to enable the chief executive to properly consider the expression of interest.\ns 35 ins 2008 No. 29 s 15\n(sec.35-ssec.1) Aboriginal people particularly concerned with land mentioned in section 34 may, by notice given to the chief executive (an expression of interest ), express an interest in having the land made transferable land.\n(sec.35-ssec.2) The expression of interest must— be in the approved form; and include the details required in the approved form to enable the chief executive to properly consider the expression of interest.\n- (a) be in the approved form; and\n- (b) include the details required in the approved form to enable the chief executive to properly consider the expression of interest.","sortOrder":90},{"sectionNumber":"sec.36","sectionType":"section","heading":"Chief executive to consider expression of interest","content":"### sec.36 Chief executive to consider expression of interest\n\nThe chief executive must consider each expression of interest.\nWithout limiting subsection (1) , the chief executive may consider an expression of interest by evaluating the land to which it relates under the Land Act , section 16 .\ns 36 ins 2008 No. 29 s 15\n(sec.36-ssec.1) The chief executive must consider each expression of interest.\n(sec.36-ssec.2) Without limiting subsection (1) , the chief executive may consider an expression of interest by evaluating the land to which it relates under the Land Act , section 16 .","sortOrder":91},{"sectionNumber":"sec.37","sectionType":"section","heading":"Consideration of expression of interest does not impose obligation on State","content":"### sec.37 Consideration of expression of interest does not impose obligation on State\n\nThe chief executive’s consideration of an expression of interest does not impose an obligation on the State under this Act to make the land to which it relates transferable land.\ns 37 prev s 37 om 2011 No. 26 s 38\npres s 37 ins 2008 No. 29 s 15","sortOrder":92},{"sectionNumber":"pt.4","sectionType":"part","heading":"Grant of transferable land as Aboriginal land","content":"# Grant of transferable land as Aboriginal land","sortOrder":93},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Grant of land","content":"## Grant of land","sortOrder":94},{"sectionNumber":"sec.38","sectionType":"section","heading":"Deeds of grant to be prepared","content":"### sec.38 Deeds of grant to be prepared\n\nThe chief executive must prepare such deeds of grant in fee simple as the Minister considers necessary and directs over transferable lands.\nTransferable land need not be surveyed but may be described in a deed of grant in such manner as the Minister directs.\nThe deed of grant must show that the land is held by the grantee—\nif the grantee is a registered native title body corporate appointed as the grantee under section 39 —for the native title holders of the land; or\notherwise—\nfor the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants; or\nif the land is prescribed DOGIT land that is to be held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land—for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\nIf the grantee is a registered native title body corporate appointed under section 39 , the deed of grant also must include information to identify the native title holders of the land.\nSubsections (2) , (3) and (4) have effect despite any other Act or any rule of law or practice.\ns 38 amd 2008 No. 29 s 16 ; 2010 No. 39 s 305 ; 2011 No. 26 s 28\n(sec.38-ssec.1) The chief executive must prepare such deeds of grant in fee simple as the Minister considers necessary and directs over transferable lands.\n(sec.38-ssec.2) Transferable land need not be surveyed but may be described in a deed of grant in such manner as the Minister directs.\n(sec.38-ssec.3) The deed of grant must show that the land is held by the grantee— if the grantee is a registered native title body corporate appointed as the grantee under section 39 —for the native title holders of the land; or otherwise— for the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants; or if the land is prescribed DOGIT land that is to be held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land—for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\n(sec.38-ssec.4) If the grantee is a registered native title body corporate appointed under section 39 , the deed of grant also must include information to identify the native title holders of the land.\n(sec.38-ssec.5) Subsections (2) , (3) and (4) have effect despite any other Act or any rule of law or practice.\n- (a) if the grantee is a registered native title body corporate appointed as the grantee under section 39 —for the native title holders of the land; or\n- (b) otherwise— (i) for the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants; or (ii) if the land is prescribed DOGIT land that is to be held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land—for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\n- (i) for the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants; or\n- (ii) if the land is prescribed DOGIT land that is to be held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land—for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\n- (i) for the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants; or\n- (ii) if the land is prescribed DOGIT land that is to be held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land—for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.","sortOrder":95},{"sectionNumber":"sec.39","sectionType":"section","heading":"Appointment of registered native title body corporate as grantee to hold land for native title holders","content":"### sec.39 Appointment of registered native title body corporate as grantee to hold land for native title holders\n\nThis section applies to transferable land if—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\nthere is a registered native title body corporate for the determination.\nThe Minister may, with the consent of the registered native title body corporate, appoint the body corporate to be the grantee of the land under a deed of grant prepared under section 38 .\nIf the Minister appoints the registered native title body corporate to be the grantee of the land under this section, the body corporate holds the land for the native title holders of the land the subject of the determination mentioned in subsection (1) (a) .\nIn considering whether to appoint a registered native title body corporate under this section, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example—\nwhether the making of the proposed appointment was a matter relevant to the native title claim under the Commonwealth Native Title Act that resulted in the determination that native title existed in relation to all or a part of the land; and\nwhether any Aboriginal people particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed appointment; and\nif the Minister is satisfied Aboriginal people particularly concerned with the land will be adversely affected by the proposed appointment—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.\ns 39 ins 2008 No. 29 s 17\namd 2010 No. 39 s 306 ; 2011 No. 26 s 29\n(sec.39-ssec.1) This section applies to transferable land if— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and there is a registered native title body corporate for the determination.\n(sec.39-ssec.2) The Minister may, with the consent of the registered native title body corporate, appoint the body corporate to be the grantee of the land under a deed of grant prepared under section 38 .\n(sec.39-ssec.3) If the Minister appoints the registered native title body corporate to be the grantee of the land under this section, the body corporate holds the land for the native title holders of the land the subject of the determination mentioned in subsection (1) (a) .\n(sec.39-ssec.4) In considering whether to appoint a registered native title body corporate under this section, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example— whether the making of the proposed appointment was a matter relevant to the native title claim under the Commonwealth Native Title Act that resulted in the determination that native title existed in relation to all or a part of the land; and whether any Aboriginal people particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed appointment; and if the Minister is satisfied Aboriginal people particularly concerned with the land will be adversely affected by the proposed appointment—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.\n- (a) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\n- (b) there is a registered native title body corporate for the determination.\n- (a) whether the making of the proposed appointment was a matter relevant to the native title claim under the Commonwealth Native Title Act that resulted in the determination that native title existed in relation to all or a part of the land; and\n- (b) whether any Aboriginal people particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed appointment; and\n- (c) if the Minister is satisfied Aboriginal people particularly concerned with the land will be adversely affected by the proposed appointment—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.","sortOrder":96},{"sectionNumber":"sec.40","sectionType":"section","heading":"Appointment of grantee to hold land for benefit of Aboriginal people","content":"### sec.40 Appointment of grantee to hold land for benefit of Aboriginal people\n\nThis section applies if the Minister does not appoint, under section 39 , a registered native title body corporate as the grantee of land.\nThe Minister may appoint as grantee of the land—\na CATSI corporation that is qualified to hold the land; or\na land trust.\nHowever, the Minister may appoint a CATSI corporation that is a registered native title body corporate as the grantee of the land under subsection (2) only if—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\na determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances to appoint the CATSI corporation as the grantee of the land.\nThe appointment of the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\nThe land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\nAn ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed grantee for the land under this Act.\nAnthropological research supports the CATSI corporation as being the appropriate grantee.\nBefore making the appointment, the Minister must consult with, and consider the views of, Aboriginal people particularly concerned with the land.\nSubsection (4) does not apply if an ILUA has been entered into for the land and the entity is nominated in the ILUA as the proposed grantee for the land under this Act.\nHowever, in considering whether to appoint an entity nominated in an ILUA as the proposed grantee for the land, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example—\nwhether any Aboriginal people particularly concerned with the land may be adversely affected by the appointment; and\nif the Minister is satisfied any Aboriginal people particularly concerned with the land will be adversely affected by the appointment—any action the entity intends to take to address the concerns of the Aboriginal people.\nAlso, in considering whether to appoint a registered native title body corporate as the proposed grantee for the land, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example, the matters mentioned in section 39 (4) (b) and (c) .\nIn appointing a grantee of land under this section, the Minister must have regard to any Aboriginal tradition applicable to the land.\ns 40 amd 1991 No. 76 s 6 ; 1993 No. 85 s 160K (amd 1994 No. 61 s 2 sch 2 ); 2007 No. 48 s 33 ; 2008 No. 29 s 18 ; 2010 No. 39 s 307\nsub 2011 No. 26 s 30\namd 2014 No. 45 s 58 sch 1 pt 2 ; 2019 No. 7 s 8\n(sec.40-ssec.1) This section applies if the Minister does not appoint, under section 39 , a registered native title body corporate as the grantee of land.\n(sec.40-ssec.2) The Minister may appoint as grantee of the land— a CATSI corporation that is qualified to hold the land; or a land trust.\n(sec.40-ssec.3) However, the Minister may appoint a CATSI corporation that is a registered native title body corporate as the grantee of the land under subsection (2) only if— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances to appoint the CATSI corporation as the grantee of the land. The appointment of the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land. The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed grantee for the land under this Act. Anthropological research supports the CATSI corporation as being the appropriate grantee.\n(sec.40-ssec.4) Before making the appointment, the Minister must consult with, and consider the views of, Aboriginal people particularly concerned with the land.\n(sec.40-ssec.5) Subsection (4) does not apply if an ILUA has been entered into for the land and the entity is nominated in the ILUA as the proposed grantee for the land under this Act.\n(sec.40-ssec.6) However, in considering whether to appoint an entity nominated in an ILUA as the proposed grantee for the land, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example— whether any Aboriginal people particularly concerned with the land may be adversely affected by the appointment; and if the Minister is satisfied any Aboriginal people particularly concerned with the land will be adversely affected by the appointment—any action the entity intends to take to address the concerns of the Aboriginal people.\n(sec.40-ssec.7) Also, in considering whether to appoint a registered native title body corporate as the proposed grantee for the land, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example, the matters mentioned in section 39 (4) (b) and (c) .\n(sec.40-ssec.8) In appointing a grantee of land under this section, the Minister must have regard to any Aboriginal tradition applicable to the land.\n- (a) a CATSI corporation that is qualified to hold the land; or\n- (b) a land trust.\n- (a) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\n- (b) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances to appoint the CATSI corporation as the grantee of the land. Examples of when it is appropriate to appoint the CATSI corporation as the grantee of the land— 1 The appointment of the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed grantee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate grantee.\n- 1 The appointment of the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed grantee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate grantee.\n- 1 The appointment of the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed grantee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate grantee.\n- (a) whether any Aboriginal people particularly concerned with the land may be adversely affected by the appointment; and\n- (b) if the Minister is satisfied any Aboriginal people particularly concerned with the land will be adversely affected by the appointment—any action the entity intends to take to address the concerns of the Aboriginal people.","sortOrder":97},{"sectionNumber":"sec.41","sectionType":"section","heading":"Procedure for appointing particular grantee","content":"### sec.41 Procedure for appointing particular grantee\n\nBefore appointing a grantee of land under this part, other than an entity nominated in an ILUA as the proposed grantee for the land, the Minister must—\npublish notice of the Minister’s intention to appoint the grantee in a newspaper or other publication circulating generally in the area in which the land the subject of the deed of grant is situated; and\nconsider all representations made to the Minister under subsection (4) .\nThe notice must—\ninclude a description of the land; and\nstate the following—\nthe name of the proposed grantee;\nthat an Aboriginal person particularly concerned with the land may make written representations to the Minister about the proposed appointment;\nthe place where the representations may be made;\nthe period in which the representations must be made.\nThe stated period must end at least 28 days after the notice is published.\nAn Aboriginal person particularly concerned with the land may make written representations about the proposed appointment to the Minister within the stated period.\ns 41 ins 2008 No. 29 s 19\namd 2011 No. 26 s 31\n(sec.41-ssec.1) Before appointing a grantee of land under this part, other than an entity nominated in an ILUA as the proposed grantee for the land, the Minister must— publish notice of the Minister’s intention to appoint the grantee in a newspaper or other publication circulating generally in the area in which the land the subject of the deed of grant is situated; and consider all representations made to the Minister under subsection (4) .\n(sec.41-ssec.2) The notice must— include a description of the land; and state the following— the name of the proposed grantee; that an Aboriginal person particularly concerned with the land may make written representations to the Minister about the proposed appointment; the place where the representations may be made; the period in which the representations must be made.\n(sec.41-ssec.3) The stated period must end at least 28 days after the notice is published.\n(sec.41-ssec.4) An Aboriginal person particularly concerned with the land may make written representations about the proposed appointment to the Minister within the stated period.\n- (a) publish notice of the Minister’s intention to appoint the grantee in a newspaper or other publication circulating generally in the area in which the land the subject of the deed of grant is situated; and\n- (b) consider all representations made to the Minister under subsection (4) .\n- (a) include a description of the land; and\n- (b) state the following— (i) the name of the proposed grantee; (ii) that an Aboriginal person particularly concerned with the land may make written representations to the Minister about the proposed appointment; (iii) the place where the representations may be made; (iv) the period in which the representations must be made.\n- (i) the name of the proposed grantee;\n- (ii) that an Aboriginal person particularly concerned with the land may make written representations to the Minister about the proposed appointment;\n- (iii) the place where the representations may be made;\n- (iv) the period in which the representations must be made.\n- (i) the name of the proposed grantee;\n- (ii) that an Aboriginal person particularly concerned with the land may make written representations to the Minister about the proposed appointment;\n- (iii) the place where the representations may be made;\n- (iv) the period in which the representations must be made.","sortOrder":98},{"sectionNumber":"sec.42","sectionType":"section","heading":"Minister to act as soon as possible","content":"### sec.42 Minister to act as soon as possible\n\nThe Minister must, as soon as practicable after the commencement of sections 38 and 40 , give all necessary directions under section 38 , and make all necessary appointments under section 39 or 40 , in relation to land that is transferable land on the enactment day.\nIf, under section 10 (1) (c) or 12 , land becomes transferable land after the enactment day, the Minister must, as soon as practicable after the land becomes transferable land, give all necessary directions under section 38 , and make all necessary appointments under section 39 or 40 , in relation to the land.\nHowever, the Minister need not act as mentioned in subsections (1) and (2) in relation to land until the Minister is reasonably satisfied—\narrangements are in place to ensure—\nthe Commonwealth and the State can continue to provide services to communities on the land after it is granted; and\nthe local government for the area in which the land is situated can continue to provide local government services to communities on the land after it is granted; and\na lease\nif the land is proposed to be granted to an entity other than a registered native title body corporate, arrangements that the Minister considers necessary—\nto support use of the land by Aboriginal people particularly concerned with it; and\nto ensure appropriate services, including, for example, social housing, public works and community infrastructure, can be provided for communities on the land;\nare in place to deal with matters relevant to the use of the land after it is granted; and\nan ILUA\nif the land is or includes township land, arrangements are in place to provide for—\nthe land to continue to be used as township land; and\nresidents of the township land to continue to live on and access the land, and obtain tenure over the land under this Act.\nan ILUA, a townsite lease or another lease\nIn this section—\nlocal government services includes any services a local government might ordinarily provide for the community in its local government area.\ns 42 amd 1993 No. 85 s 160L (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 20 ; 2011 No. 26 s 33 ; 2019 No. 17 s 15\n(sec.42-ssec.1) The Minister must, as soon as practicable after the commencement of sections 38 and 40 , give all necessary directions under section 38 , and make all necessary appointments under section 39 or 40 , in relation to land that is transferable land on the enactment day.\n(sec.42-ssec.2) If, under section 10 (1) (c) or 12 , land becomes transferable land after the enactment day, the Minister must, as soon as practicable after the land becomes transferable land, give all necessary directions under section 38 , and make all necessary appointments under section 39 or 40 , in relation to the land.\n(sec.42-ssec.3) However, the Minister need not act as mentioned in subsections (1) and (2) in relation to land until the Minister is reasonably satisfied— arrangements are in place to ensure— the Commonwealth and the State can continue to provide services to communities on the land after it is granted; and the local government for the area in which the land is situated can continue to provide local government services to communities on the land after it is granted; and a lease if the land is proposed to be granted to an entity other than a registered native title body corporate, arrangements that the Minister considers necessary— to support use of the land by Aboriginal people particularly concerned with it; and to ensure appropriate services, including, for example, social housing, public works and community infrastructure, can be provided for communities on the land; are in place to deal with matters relevant to the use of the land after it is granted; and an ILUA if the land is or includes township land, arrangements are in place to provide for— the land to continue to be used as township land; and residents of the township land to continue to live on and access the land, and obtain tenure over the land under this Act. an ILUA, a townsite lease or another lease\n(sec.42-ssec.4) In this section— local government services includes any services a local government might ordinarily provide for the community in its local government area.\n- (a) arrangements are in place to ensure— (i) the Commonwealth and the State can continue to provide services to communities on the land after it is granted; and (ii) the local government for the area in which the land is situated can continue to provide local government services to communities on the land after it is granted; and Example of an arrangement for paragraph (a) — a lease\n- (i) the Commonwealth and the State can continue to provide services to communities on the land after it is granted; and\n- (ii) the local government for the area in which the land is situated can continue to provide local government services to communities on the land after it is granted; and\n- (b) if the land is proposed to be granted to an entity other than a registered native title body corporate, arrangements that the Minister considers necessary— (i) to support use of the land by Aboriginal people particularly concerned with it; and (ii) to ensure appropriate services, including, for example, social housing, public works and community infrastructure, can be provided for communities on the land;\n- (i) to support use of the land by Aboriginal people particularly concerned with it; and\n- (ii) to ensure appropriate services, including, for example, social housing, public works and community infrastructure, can be provided for communities on the land;\n- are in place to deal with matters relevant to the use of the land after it is granted; and Example of an arrangement for paragraph (b) — an ILUA\n- (c) if the land is or includes township land, arrangements are in place to provide for— (i) the land to continue to be used as township land; and (ii) residents of the township land to continue to live on and access the land, and obtain tenure over the land under this Act. Examples of an arrangement for paragraph (c) — an ILUA, a townsite lease or another lease\n- (i) the land to continue to be used as township land; and\n- (ii) residents of the township land to continue to live on and access the land, and obtain tenure over the land under this Act.\n- (i) the Commonwealth and the State can continue to provide services to communities on the land after it is granted; and\n- (ii) the local government for the area in which the land is situated can continue to provide local government services to communities on the land after it is granted; and\n- (i) to support use of the land by Aboriginal people particularly concerned with it; and\n- (ii) to ensure appropriate services, including, for example, social housing, public works and community infrastructure, can be provided for communities on the land;\n- (i) the land to continue to be used as township land; and\n- (ii) residents of the township land to continue to live on and access the land, and obtain tenure over the land under this Act.","sortOrder":99},{"sectionNumber":"sec.43","sectionType":"section","heading":"Authority to grant fee simple in transferable land","content":"### sec.43 Authority to grant fee simple in transferable land\n\nThe Governor in Council may, under this Act and the Land Act , grant transferable land in fee simple.\ns 43 amd 2008 No. 29 s 3 sch","sortOrder":100},{"sectionNumber":"sec.44","sectionType":"section","heading":"Deed of grant takes effect on delivery","content":"### sec.44 Deed of grant takes effect on delivery\n\nA deed of grant prepared under this division takes effect on the delivery of the deed of grant to the grantee.\nOn delivery of the deed of grant to the grantee, the land the subject of the deed becomes Aboriginal land that is transferred land.\nSubsection (1) has effect despite any other Act or any rule of law or practice.\ns 44 amd 2011 No. 26 s 35\n(sec.44-ssec.1) A deed of grant prepared under this division takes effect on the delivery of the deed of grant to the grantee.\n(sec.44-ssec.2) On delivery of the deed of grant to the grantee, the land the subject of the deed becomes Aboriginal land that is transferred land.\n(sec.44-ssec.3) Subsection (1) has effect despite any other Act or any rule of law or practice.","sortOrder":101},{"sectionNumber":"sec.45","sectionType":"section","heading":"Existing interests","content":"### sec.45 Existing interests\n\nIf transferable land was, immediately before becoming Aboriginal land under this division, subject to an interest or benefited by an easement, the interest continues in force or the land continues to be benefited by the easement.\nWithout limiting subsection (1) , if transferable land was, immediately before becoming Aboriginal land under this division, the subject of—\na 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ; or\na lease under the Land Act ; or\na trustee (Aboriginal) lease;\nthe trustee of the land is, by operation of this section, substituted for the lessor as a party to the lease.\nThe terms of a lease mentioned in subsection (2) are not affected by the operation of this section or any other provision of this Act and, for the purposes of those terms, the Land Act continues to apply to a lease under that Act, with all necessary modifications and such modifications as are prescribed, as if the lease continued to be such a lease and the trustee of the land were the lessor.\nHowever, subsections (5) to (5B) apply if, under an available State land agreement—\nan interest in transferable land (the previous interest ) ends on the grant of the land under this part; and\na new interest granted by the trustee of the land is to have effect in substitution for the previous interest on the grant of the land.\nDespite subsections (1) to (3) , the previous interest ends on the grant of the land.\nHowever, if the previous interest was a lease under the Land Act (the previous lease ) and the interest that is to have effect in substitution for the previous lease is a lease under the Land Title Act (the new lease )—\ndespite section 25 (3) and the available State land agreement, the previous lease does not end until the new lease is registered in the freehold land register; and\nthe lessee of the new lease must lodge the new lease for registration in the freehold land register immediately after the grant of the land; and\nif a sublease was in force under the previous lease immediately before the grant of the land, on the grant of the land the sublease continues under the new lease; and\nsubject to paragraph (e) and subsection (5B) , the new lease must be registered in the freehold land register subject to the same encumbrances to which the previous lease was subject, and in the same priorities, as recorded in the appropriate register immediately before the grant of the land; and\nany particulars recorded in the appropriate register for the previous lease immediately before the grant of the land must be recorded in the freehold land register for the land, to the extent the particulars are relevant to the land.\nIf an easement that burdened the previous lease was in existence immediately before the grant of the land, on the grant of the land the easement—\ncontinues in existence, despite the Land Act , section 372 ; and\nburdens the land the subject of the new lease; and\nis taken to have been registered under the Land Title Act , part 6 , division 4 .\nSubsection (5) applies despite any other Act.\nIn this section—\ninterest includes—\nnative title; and\na right of a local government to access, occupy, use or maintain a facility on the land; and\nan interest in favour of the State or Commonwealth other than an interest that is not registered.\ns 45 amd 1991 No. 76 s 7 ; 1993 No. 85 s 161 (retro); 1994 No. 81 s 527 sch 5 ; 2008 No. 29 s 22 ; 2011 No. 26 s 36 ; 2013 No. 2 s 100 ; 2013 No. 23 s 6 ; 2013 No. 2 s 103 ; 2014 No. 45 s 58 sch 1 pt 2 ; 2021 No. 11 s 4\n(sec.45-ssec.1) If transferable land was, immediately before becoming Aboriginal land under this division, subject to an interest or benefited by an easement, the interest continues in force or the land continues to be benefited by the easement.\n(sec.45-ssec.2) Without limiting subsection (1) , if transferable land was, immediately before becoming Aboriginal land under this division, the subject of— a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ; or a lease under the Land Act ; or a trustee (Aboriginal) lease; the trustee of the land is, by operation of this section, substituted for the lessor as a party to the lease.\n(sec.45-ssec.3) The terms of a lease mentioned in subsection (2) are not affected by the operation of this section or any other provision of this Act and, for the purposes of those terms, the Land Act continues to apply to a lease under that Act, with all necessary modifications and such modifications as are prescribed, as if the lease continued to be such a lease and the trustee of the land were the lessor.\n(sec.45-ssec.4) However, subsections (5) to (5B) apply if, under an available State land agreement— an interest in transferable land (the previous interest ) ends on the grant of the land under this part; and a new interest granted by the trustee of the land is to have effect in substitution for the previous interest on the grant of the land.\n(sec.45-ssec.5) Despite subsections (1) to (3) , the previous interest ends on the grant of the land.\n(sec.45-ssec.5A) However, if the previous interest was a lease under the Land Act (the previous lease ) and the interest that is to have effect in substitution for the previous lease is a lease under the Land Title Act (the new lease )— despite section 25 (3) and the available State land agreement, the previous lease does not end until the new lease is registered in the freehold land register; and the lessee of the new lease must lodge the new lease for registration in the freehold land register immediately after the grant of the land; and if a sublease was in force under the previous lease immediately before the grant of the land, on the grant of the land the sublease continues under the new lease; and subject to paragraph (e) and subsection (5B) , the new lease must be registered in the freehold land register subject to the same encumbrances to which the previous lease was subject, and in the same priorities, as recorded in the appropriate register immediately before the grant of the land; and any particulars recorded in the appropriate register for the previous lease immediately before the grant of the land must be recorded in the freehold land register for the land, to the extent the particulars are relevant to the land.\n(sec.45-ssec.5B) If an easement that burdened the previous lease was in existence immediately before the grant of the land, on the grant of the land the easement— continues in existence, despite the Land Act , section 372 ; and burdens the land the subject of the new lease; and is taken to have been registered under the Land Title Act , part 6 , division 4 .\n(sec.45-ssec.6) Subsection (5) applies despite any other Act.\n(sec.45-ssec.7) In this section— interest includes— native title; and a right of a local government to access, occupy, use or maintain a facility on the land; and an interest in favour of the State or Commonwealth other than an interest that is not registered.\n- (a) a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ; or\n- (b) a lease under the Land Act ; or\n- (c) a trustee (Aboriginal) lease;\n- (a) an interest in transferable land (the previous interest ) ends on the grant of the land under this part; and\n- (b) a new interest granted by the trustee of the land is to have effect in substitution for the previous interest on the grant of the land.\n- (a) despite section 25 (3) and the available State land agreement, the previous lease does not end until the new lease is registered in the freehold land register; and\n- (b) the lessee of the new lease must lodge the new lease for registration in the freehold land register immediately after the grant of the land; and\n- (c) if a sublease was in force under the previous lease immediately before the grant of the land, on the grant of the land the sublease continues under the new lease; and\n- (d) subject to paragraph (e) and subsection (5B) , the new lease must be registered in the freehold land register subject to the same encumbrances to which the previous lease was subject, and in the same priorities, as recorded in the appropriate register immediately before the grant of the land; and\n- (e) any particulars recorded in the appropriate register for the previous lease immediately before the grant of the land must be recorded in the freehold land register for the land, to the extent the particulars are relevant to the land.\n- (a) continues in existence, despite the Land Act , section 372 ; and\n- (b) burdens the land the subject of the new lease; and\n- (c) is taken to have been registered under the Land Title Act , part 6 , division 4 .\n- (a) native title; and\n- (b) a right of a local government to access, occupy, use or maintain a facility on the land; and\n- (c) an interest in favour of the State or Commonwealth other than an interest that is not registered.","sortOrder":102},{"sectionNumber":"sec.45A","sectionType":"section","heading":"Existing interests held by local government","content":"### sec.45A Existing interests held by local government\n\nThis section applies if a local government has an existing interest under section 45 to access, occupy, use or maintain a facility on Aboriginal land.\nIf the local government does not intend to continue to access, occupy, use or maintain the facility, the local government must give the trustee of the land notice of that fact.\nIf subsection (2) does not apply, the local government and the trustee of the land must use their best endeavours to provide for the continued access, occupation, use or maintenance of the facility under a registered interest in the land given by the trustee of the land.\ns 45A ins 2013 No. 2 s 101\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.45A-ssec.1) This section applies if a local government has an existing interest under section 45 to access, occupy, use or maintain a facility on Aboriginal land.\n(sec.45A-ssec.2) If the local government does not intend to continue to access, occupy, use or maintain the facility, the local government must give the trustee of the land notice of that fact.\n(sec.45A-ssec.3) If subsection (2) does not apply, the local government and the trustee of the land must use their best endeavours to provide for the continued access, occupation, use or maintenance of the facility under a registered interest in the land given by the trustee of the land.","sortOrder":103},{"sectionNumber":"sec.46","sectionType":"section","heading":"Interests to be endorsed on deed","content":"### sec.46 Interests to be endorsed on deed\n\ns 46 amd 1992 No. 64 s 3 sch 1 ; 1993 No. 85 s 161A (amd 1994 No. 61 s 2 sch 2 ) (retro); 2008 No. 29 s 3 sch ; 2011 No. 26 s 37\nom 2014 No. 45 s 58 sch 1 pt 2","sortOrder":104},{"sectionNumber":"sec.47","sectionType":"section","heading":"Cancellation of deed of grant in trust","content":"### sec.47 Cancellation of deed of grant in trust\n\nThis section applies if a deed of grant (the new deed ) over all or part of the land comprised in a deed of grant in trust takes effect under section 44 .\nThe deed of grant in trust is cancelled to the extent of the new deed.\ns 47 ins 1991 No. 76 s 8\namd 2004 No. 37 s 86 sch 1 ; 2008 No. 29 s 23 ; 2009 No. 17 s 331 sch 1\nsub 2013 No. 23 s 7\n(sec.47-ssec.1) This section applies if a deed of grant (the new deed ) over all or part of the land comprised in a deed of grant in trust takes effect under section 44 .\n(sec.47-ssec.2) The deed of grant in trust is cancelled to the extent of the new deed.","sortOrder":105},{"sectionNumber":"sec.48","sectionType":"section","heading":"Cancellation of leases over Aurukun and Mornington Shire lease lands","content":"### sec.48 Cancellation of leases over Aurukun and Mornington Shire lease lands\n\ns 48 amd 2008 No. 29 s 3 sch ; 2011 No. 26 s 189 sch ; 2013 No. 23 s 8\nom 2014 No. 45 s 58 sch 1 pt 2","sortOrder":106},{"sectionNumber":"sec.49","sectionType":"section","heading":"Land Court may resolve difficulties","content":"### sec.49 Land Court may resolve difficulties\n\nIf a difficulty arises in—\nthe application of this division to a particular matter; or\nthe application, to a particular matter, of a provision of another Act because of the operation of this division;\nthe Land Court may, on the application of the chief executive or an interested person, make such order as it considers proper to resolve the difficulty.\nAn order made under subsection (1) has effect despite anything contained in this division or in an Act in force immediately before the commencement of this section.\ns 49 amd 2011 No. 26 s 39\n(sec.49-ssec.1) If a difficulty arises in— the application of this division to a particular matter; or the application, to a particular matter, of a provision of another Act because of the operation of this division; the Land Court may, on the application of the chief executive or an interested person, make such order as it considers proper to resolve the difficulty.\n(sec.49-ssec.2) An order made under subsection (1) has effect despite anything contained in this division or in an Act in force immediately before the commencement of this section.\n- (a) the application of this division to a particular matter; or\n- (b) the application, to a particular matter, of a provision of another Act because of the operation of this division;","sortOrder":107},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Approvals to change how land is held","content":"## Approvals to change how land is held","sortOrder":108},{"sectionNumber":"sec.50","sectionType":"section","heading":"Application to hold Aboriginal land for native title holders","content":"### sec.50 Application to hold Aboriginal land for native title holders\n\nThis section applies if—\na CATSI corporation that is the trustee of Aboriginal land becomes a registered native title body corporate after it became the trustee of the land; and\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\nthe registered native title body corporate is registered on the National Native Title Register for the determination.\nThe registered native title body corporate may apply to the Minister in the approved form for an approval to hold the land under this Act for the native title holders of the land.\ns 50 amd 2002 No. 74 s 90 sch ; 2005 No. 8 s 47 ; 2007 No. 48 s 34\nsub 2008 No. 29 s 24 ; 2011 No. 26 s 40\n(sec.50-ssec.1) This section applies if— a CATSI corporation that is the trustee of Aboriginal land becomes a registered native title body corporate after it became the trustee of the land; and under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and the registered native title body corporate is registered on the National Native Title Register for the determination.\n(sec.50-ssec.2) The registered native title body corporate may apply to the Minister in the approved form for an approval to hold the land under this Act for the native title holders of the land.\n- (a) a CATSI corporation that is the trustee of Aboriginal land becomes a registered native title body corporate after it became the trustee of the land; and\n- (b) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\n- (c) the registered native title body corporate is registered on the National Native Title Register for the determination.","sortOrder":109},{"sectionNumber":"sec.51","sectionType":"section","heading":"Decision on application","content":"### sec.51 Decision on application\n\nThe Minister must consider an application made under section 50 and decide—\nto give the approval; or\nto refuse the application.\nIn considering the application, the Minister must have regard to—\nwhether any Aboriginal people particularly concerned with the land, other than native title holders of the land, may be adversely affected by the approval; and\nif the Minister is satisfied Aboriginal people particularly concerned with the land will be adversely affected by the approval—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.\nThe Minister may give the approval only if, having regard to the matters mentioned in subsection (2) , the Minister is satisfied it is appropriate in the circumstances to give the approval.\ns 51 sub 2008 No. 29 s 24 ; 2011 No. 26 s 40\n(sec.51-ssec.1) The Minister must consider an application made under section 50 and decide— to give the approval; or to refuse the application.\n(sec.51-ssec.2) In considering the application, the Minister must have regard to— whether any Aboriginal people particularly concerned with the land, other than native title holders of the land, may be adversely affected by the approval; and if the Minister is satisfied Aboriginal people particularly concerned with the land will be adversely affected by the approval—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.\n(sec.51-ssec.3) The Minister may give the approval only if, having regard to the matters mentioned in subsection (2) , the Minister is satisfied it is appropriate in the circumstances to give the approval.\n- (a) to give the approval; or\n- (b) to refuse the application.\n- (a) whether any Aboriginal people particularly concerned with the land, other than native title holders of the land, may be adversely affected by the approval; and\n- (b) if the Minister is satisfied Aboriginal people particularly concerned with the land will be adversely affected by the approval—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.","sortOrder":110},{"sectionNumber":"sec.52","sectionType":"section","heading":"Notices about decision","content":"### sec.52 Notices about decision\n\nThe Minister must give the registered native title body corporate notice of the Minister’s decision under section 51 .\nIf the Minister gives the approval, the chief executive must notify the approval by gazette notice.\nThe gazette notice must—\nstate the name of the registered native title body corporate; and\ninclude a description of the Aboriginal land held by it that relates to the approval.\nAs soon as practicable after the gazette notice is published, the chief executive must give the registrar notice of the approval.\nThe notice must include a description of the Aboriginal land held by the registered native title body corporate for the native title holders of the land.\nOn receiving the notice, the registrar must record in the freehold land register that the land is held under this Act by the registered native title body corporate for the native title holders of the land.\nIn this section—\ndescription , in relation to land, means the description of the land as shown in the freehold land register.\ns 52 amd 2008 No. 29 s 25 ; 2009 No. 3 s 438\nsub 2011 No. 26 s 40\namd 2010 No. 31 s 493 sch 2 pt 4 (amdt could not be given effect); 2013 No. 23 s 352 sch 1 pt 1 ; 2021 No. 12 s 148 sch 3\n(sec.52-ssec.1) The Minister must give the registered native title body corporate notice of the Minister’s decision under section 51 .\n(sec.52-ssec.2) If the Minister gives the approval, the chief executive must notify the approval by gazette notice.\n(sec.52-ssec.3) The gazette notice must— state the name of the registered native title body corporate; and include a description of the Aboriginal land held by it that relates to the approval.\n(sec.52-ssec.4) As soon as practicable after the gazette notice is published, the chief executive must give the registrar notice of the approval.\n(sec.52-ssec.5) The notice must include a description of the Aboriginal land held by the registered native title body corporate for the native title holders of the land.\n(sec.52-ssec.6) On receiving the notice, the registrar must record in the freehold land register that the land is held under this Act by the registered native title body corporate for the native title holders of the land.\n(sec.52-ssec.7) In this section— description , in relation to land, means the description of the land as shown in the freehold land register.\n- (a) state the name of the registered native title body corporate; and\n- (b) include a description of the Aboriginal land held by it that relates to the approval.","sortOrder":111},{"sectionNumber":"sec.53","sectionType":"section","heading":"Effect of gazette notice","content":"### sec.53 Effect of gazette notice\n\nOn publication of the gazette notice, the registered native title body corporate is taken to hold the land under this Act for the native title holders of the land.\ns 53 ins 2011 No. 26 s 40","sortOrder":112},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Reservations","content":"## Reservations","sortOrder":113},{"sectionNumber":"sec.54","sectionType":"section","heading":"Resource reservations under resource Acts","content":"### sec.54 Resource reservations under resource Acts\n\nA deed of grant of transferred land must contain the reservations to the State taken to be contained in the grant under the following—\nthe Geothermal Energy Act 2010 , section 29\nthe Greenhouse Gas Storage Act 2009 , section 28\nthe Mineral Resources Act 1989 , section 8\nthe Petroleum Act 1923 , section 10\nthe Petroleum and Gas (Production and Safety) Act 2004 , section 27 .\ns 54 amd 2008 No. 29 s 3 sch\nsub 2010 No. 31 s 494\n- • the Geothermal Energy Act 2010 , section 29\n- • the Greenhouse Gas Storage Act 2009 , section 28\n- • the Mineral Resources Act 1989 , section 8\n- • the Petroleum Act 1923 , section 10\n- • the Petroleum and Gas (Production and Safety) Act 2004 , section 27 .","sortOrder":114},{"sectionNumber":"sec.55","sectionType":"section","heading":"Reservations of forest products and quarry material etc.","content":"### sec.55 Reservations of forest products and quarry material etc.\n\nA deed of grant of transferred land may contain a reservation to the State of forest products or quarry material above, on or below the surface of the land only if the Minister declares that—\nthe forest products or quarry material is of vital State interest; and\nthe rights in the forest products or quarry material are reserved to the State.\nIf a deed of grant of transferred land does not contain a reservation of particular forest products or quarry material above, on or below the land, the Minister may declare that—\nthe forest products or quarry material are of vital State interest; and\nrights in the forest products or quarry material are acquired by the State.\nIf the Minister makes a declaration under subsection (1) or (2) , the trustee of the land is entitled to be paid by the State such reasonable compensation because of the reservation or acquisition as is agreed between the State and the trustee or, failing agreement, as is determined by the Land Court.\nDespite subsection (1) , a permit, lease, licence, agreement or contract granted or made under the Forestry Act 1959 , before the day on which land became transferred land, in relation to the getting and selling of forest products or quarry material above, on or below the surface of the land, continues in force as if this section had not been enacted.\ns 55 prev s 55 om 2011 No. 26 s 45\npres s 55 amd 1991 No. 76 s 9 ; 1993 No. 85 s 161B (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 26 ; 2011 No. 26 s 189 sch ; 2019 No. 17 s 16\n(sec.55-ssec.1) A deed of grant of transferred land may contain a reservation to the State of forest products or quarry material above, on or below the surface of the land only if the Minister declares that— the forest products or quarry material is of vital State interest; and the rights in the forest products or quarry material are reserved to the State.\n(sec.55-ssec.2) If a deed of grant of transferred land does not contain a reservation of particular forest products or quarry material above, on or below the land, the Minister may declare that— the forest products or quarry material are of vital State interest; and rights in the forest products or quarry material are acquired by the State.\n(sec.55-ssec.3) If the Minister makes a declaration under subsection (1) or (2) , the trustee of the land is entitled to be paid by the State such reasonable compensation because of the reservation or acquisition as is agreed between the State and the trustee or, failing agreement, as is determined by the Land Court.\n(sec.55-ssec.4) Despite subsection (1) , a permit, lease, licence, agreement or contract granted or made under the Forestry Act 1959 , before the day on which land became transferred land, in relation to the getting and selling of forest products or quarry material above, on or below the surface of the land, continues in force as if this section had not been enacted.\n- (a) the forest products or quarry material is of vital State interest; and\n- (b) the rights in the forest products or quarry material are reserved to the State.\n- (a) the forest products or quarry material are of vital State interest; and\n- (b) rights in the forest products or quarry material are acquired by the State.","sortOrder":115},{"sectionNumber":"pt.5","sectionType":"part","heading":"Claims for claimable land","content":"# Claims for claimable land","sortOrder":116},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Requirements for claims","content":"## Requirements for claims","sortOrder":117},{"sectionNumber":"sec.56","sectionType":"section","heading":"Duly made claims","content":"### sec.56 Duly made claims\n\nA claim for claimable land must comply with the following provisions in order to be duly made—\nsection 57 ;\nsection 58 ;\nsection 59 ;\nsection 60 .\ns 56 amd 2004 No. 4 s 57 sch\n- (a) section 57 ;\n- (b) section 58 ;\n- (c) section 59 ;\n- (d) section 60 .","sortOrder":118},{"sectionNumber":"sec.57","sectionType":"section","heading":"Who may make a claim","content":"### sec.57 Who may make a claim\n\nA group of Aboriginal people may make a claim for an area of claimable land.\nThe claim may be made by members of a group of Aboriginal people on behalf of those Aboriginal people and other Aboriginal people who are members of the group.\n(sec.57-ssec.1) A group of Aboriginal people may make a claim for an area of claimable land.\n(sec.57-ssec.2) The claim may be made by members of a group of Aboriginal people on behalf of those Aboriginal people and other Aboriginal people who are members of the group.","sortOrder":119},{"sectionNumber":"sec.58","sectionType":"section","heading":"Grounds on which claim may be made","content":"### sec.58 Grounds on which claim may be made\n\nA claim under this Act may only be made on 1 or more of the following grounds—\ntraditional affiliation;\nhistorical association.\ns 58 amd 2008 No. 29 s 3 sch ; 2011 No. 26 s 41\n- (a) traditional affiliation;\n- (b) historical association.","sortOrder":120},{"sectionNumber":"sec.59","sectionType":"section","heading":"How claim is to be made","content":"### sec.59 How claim is to be made\n\nA claim under this Act must—\nbe made by written application to the chief executive; and\nbe in the appropriate form made available by the chief executive; and\ninclude—\na description of the land claimed and a map showing clearly the location of the land; and\na statement of the ground on which the claim is made; and\na description of the group of Aboriginal people making the claim; and\na statement of the responsibilities in relation to the land that the claimants agree to assume if the land is granted because of the claim.\ns 59 amd 2011 No. 26 s 42\n- (a) be made by written application to the chief executive; and\n- (b) be in the appropriate form made available by the chief executive; and\n- (c) include— (i) a description of the land claimed and a map showing clearly the location of the land; and (ii) a statement of the ground on which the claim is made; and (iii) a description of the group of Aboriginal people making the claim; and (iv) a statement of the responsibilities in relation to the land that the claimants agree to assume if the land is granted because of the claim.\n- (i) a description of the land claimed and a map showing clearly the location of the land; and\n- (ii) a statement of the ground on which the claim is made; and\n- (iii) a description of the group of Aboriginal people making the claim; and\n- (iv) a statement of the responsibilities in relation to the land that the claimants agree to assume if the land is granted because of the claim.\n- (i) a description of the land claimed and a map showing clearly the location of the land; and\n- (ii) a statement of the ground on which the claim is made; and\n- (iii) a description of the group of Aboriginal people making the claim; and\n- (iv) a statement of the responsibilities in relation to the land that the claimants agree to assume if the land is granted because of the claim.","sortOrder":121},{"sectionNumber":"sec.60","sectionType":"section","heading":"Time limit for making of claims","content":"### sec.60 Time limit for making of claims\n\nA claim under this Act must be made not later than 15 years after the commencement of section 57 .\nThe time for making a claim ended on 22 December 2006.\ns 60 amd 2008 No. 29 s 27","sortOrder":122},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Determination of claims","content":"## Determination of claims","sortOrder":123},{"sectionNumber":"sec.61","sectionType":"section","heading":"Deciding whether claim duly made","content":"### sec.61 Deciding whether claim duly made\n\nIf a claim is made to the chief executive, the chief executive must decide whether the claim appears to be duly made.\nIf the chief executive is satisfied that the claim appears to be duly made, the chief executive must accept the application and refer the claim to the Land Tribunal.\nIf the chief executive is not satisfied, the chief executive must refuse to accept the application.\nThe chief executive must notify the claimants, in writing, of his or her decision.\nIf the chief executive refuses to accept the application, the chief executive must also notify the claimants, in writing, of his or her reasons for refusing to accept the application.\nIf the chief executive refuses to accept the application, the claimants may ask the chairperson of the Land Tribunal to decide whether the claim is duly made.\nIf the chairperson decides that the claim is duly made, the chairperson must direct the chief executive to accept the application under subsection (2) .\nIf the chairperson decides that a claim is not duly made, the chairperson must notify the claimants, in writing, of his or her reasons for refusing to accept the application.\nDespite subsection (1) , if a recommendation has been made to the Minister under section 71 for a grant in fee simple, another claim may not be duly made over the same land.\nNothing in this section prevents the chief executive from accepting an application if—\na claim (the repeat claim ) has been made to the chief executive under section 59 and it appears to the chief executive that the land to which the claim relates is completely or partly the same as land that has previously been claimed (the previous claim ); and\nno recommendation was made to the Minister under section 71 about the previous claim.\ns 61 amd 1993 No. 85 s 161C (amd 1994 No. 61 s 2 sch 2 ); 2011 No. 26 s 43\n(sec.61-ssec.1) If a claim is made to the chief executive, the chief executive must decide whether the claim appears to be duly made.\n(sec.61-ssec.2) If the chief executive is satisfied that the claim appears to be duly made, the chief executive must accept the application and refer the claim to the Land Tribunal.\n(sec.61-ssec.3) If the chief executive is not satisfied, the chief executive must refuse to accept the application.\n(sec.61-ssec.4) The chief executive must notify the claimants, in writing, of his or her decision.\n(sec.61-ssec.5) If the chief executive refuses to accept the application, the chief executive must also notify the claimants, in writing, of his or her reasons for refusing to accept the application.\n(sec.61-ssec.6) If the chief executive refuses to accept the application, the claimants may ask the chairperson of the Land Tribunal to decide whether the claim is duly made.\n(sec.61-ssec.7) If the chairperson decides that the claim is duly made, the chairperson must direct the chief executive to accept the application under subsection (2) .\n(sec.61-ssec.8) If the chairperson decides that a claim is not duly made, the chairperson must notify the claimants, in writing, of his or her reasons for refusing to accept the application.\n(sec.61-ssec.9) Despite subsection (1) , if a recommendation has been made to the Minister under section 71 for a grant in fee simple, another claim may not be duly made over the same land.\n(sec.61-ssec.10) Nothing in this section prevents the chief executive from accepting an application if— a claim (the repeat claim ) has been made to the chief executive under section 59 and it appears to the chief executive that the land to which the claim relates is completely or partly the same as land that has previously been claimed (the previous claim ); and no recommendation was made to the Minister under section 71 about the previous claim.\n- (a) a claim (the repeat claim ) has been made to the chief executive under section 59 and it appears to the chief executive that the land to which the claim relates is completely or partly the same as land that has previously been claimed (the previous claim ); and\n- (b) no recommendation was made to the Minister under section 71 about the previous claim.","sortOrder":124},{"sectionNumber":"sec.62","sectionType":"section","heading":"Tribunal to notify making of claims","content":"### sec.62 Tribunal to notify making of claims\n\nAs soon as practicable after a claim is referred to the Land Tribunal, the tribunal must comply with this section.\nThe tribunal must cause copies of the application to be made available for public inspection at offices of the tribunal during ordinary working hours and at such other places as it considers appropriate.\nThe tribunal must publish notice of the claim in the gazette, a newspaper circulating throughout the State and such regional newspapers as the tribunal considers appropriate.\nThe tribunal must give notice of the claim, by letter or such other means as it considers more effective, to each person that it is aware is or may be an interested person.\nA notice under subsection (3) or (4) must include a statement to the effect that—\ncopies of the application are available for public inspection at places, and during times, specified in the notice; and\ninterested persons may, within the period specified in the notice, apply to the tribunal to be made a party to the proceeding for the hearing of the claim; and\nany other group of Aboriginal people may, within that period, make a claim for the whole or part of the land the subject of the claim or for such an area and additional area of claimable land.\nThe period specified in a notice for the purposes of subsection (5) (b) must be a period of not less than 60 days after the publication of notice of the claim in the gazette.\ns 62 amd 2013 No. 23 s 352 sch 1 pt 1 ; 2013 No. 2 s 104 (amdt could not be given effect)\n(sec.62-ssec.1) As soon as practicable after a claim is referred to the Land Tribunal, the tribunal must comply with this section.\n(sec.62-ssec.2) The tribunal must cause copies of the application to be made available for public inspection at offices of the tribunal during ordinary working hours and at such other places as it considers appropriate.\n(sec.62-ssec.3) The tribunal must publish notice of the claim in the gazette, a newspaper circulating throughout the State and such regional newspapers as the tribunal considers appropriate.\n(sec.62-ssec.4) The tribunal must give notice of the claim, by letter or such other means as it considers more effective, to each person that it is aware is or may be an interested person.\n(sec.62-ssec.5) A notice under subsection (3) or (4) must include a statement to the effect that— copies of the application are available for public inspection at places, and during times, specified in the notice; and interested persons may, within the period specified in the notice, apply to the tribunal to be made a party to the proceeding for the hearing of the claim; and any other group of Aboriginal people may, within that period, make a claim for the whole or part of the land the subject of the claim or for such an area and additional area of claimable land.\n(sec.62-ssec.6) The period specified in a notice for the purposes of subsection (5) (b) must be a period of not less than 60 days after the publication of notice of the claim in the gazette.\n- (a) copies of the application are available for public inspection at places, and during times, specified in the notice; and\n- (b) interested persons may, within the period specified in the notice, apply to the tribunal to be made a party to the proceeding for the hearing of the claim; and\n- (c) any other group of Aboriginal people may, within that period, make a claim for the whole or part of the land the subject of the claim or for such an area and additional area of claimable land.","sortOrder":125},{"sectionNumber":"sec.63","sectionType":"section","heading":"Joint hearing of claims","content":"### sec.63 Joint hearing of claims\n\nIf—\na claim (the first claim ) is duly made under this Act by a group of Aboriginal people for an area of claimable land; and\na claim (the subsequent claim ) is duly made under this Act by another group of Aboriginal people for the whole or a part of the area of claimable land (whether or not an additional area of claimable land is also claimed); and\nthe subsequent claim is referred to the Land Tribunal within the period specified in the notice published under section 62 in relation to the first claim or before the hearing of the first claim has started;\nthen—\nthe first claim and the subsequent claim are to be heard and determined together; and\nif the subsequent claim does not include an additional area of claimable land— section 62 does not apply to the subsequent claim.\ns 63 amd 1993 No. 85 s 161D (amd 1994 No. 61 s 2 sch 2 )\n- (a) a claim (the first claim ) is duly made under this Act by a group of Aboriginal people for an area of claimable land; and\n- (b) a claim (the subsequent claim ) is duly made under this Act by another group of Aboriginal people for the whole or a part of the area of claimable land (whether or not an additional area of claimable land is also claimed); and\n- (c) the subsequent claim is referred to the Land Tribunal within the period specified in the notice published under section 62 in relation to the first claim or before the hearing of the first claim has started;\n- (d) the first claim and the subsequent claim are to be heard and determined together; and\n- (e) if the subsequent claim does not include an additional area of claimable land— section 62 does not apply to the subsequent claim.","sortOrder":126},{"sectionNumber":"sec.64","sectionType":"section","heading":"Repeat claims","content":"### sec.64 Repeat claims\n\nIf a repeat claim mentioned in section 61 (10) has been referred to the Land Tribunal, the tribunal may hear the repeat claim only if a presiding member is satisfied that the repeat claim could be established on 1 or more grounds mentioned in section 65 or 66 because—\nthe basis on which the repeat claim is made is substantially different to the basis on which the previous claim was made; or\ninformation has become available to the tribunal that was not previously available and, if the information had previously been available to the tribunal, it may have affected the decision of the tribunal on the previous claim.\ns 64 prev s 64 amd 2008 No. 29 s 29\nom 2011 No. 26 s 49\npres s 64 ins 1993 No. 85 s 161E (amd 1994 No. 61 s 2 sch 2 )\namd 2011 No. 26 s 44\n- (a) the basis on which the repeat claim is made is substantially different to the basis on which the previous claim was made; or\n- (b) information has become available to the tribunal that was not previously available and, if the information had previously been available to the tribunal, it may have affected the decision of the tribunal on the previous claim.","sortOrder":127},{"sectionNumber":"sec.65","sectionType":"section","heading":"Establishment of claim on ground of traditional affiliation","content":"### sec.65 Establishment of claim on ground of traditional affiliation\n\nA claim by a group of Aboriginal people for an area of claimable land on the ground of traditional affiliation is established if the Land Tribunal is satisfied that the members of the group have a common connection with the land based on spiritual and other associations with, rights in relation to, and responsibilities for, the land under Aboriginal tradition.\nIn determining the claim, the tribunal must consult with, and consider the views of, the persons recognised under Aboriginal tradition as the elders of the group of Aboriginal people.\n(sec.65-ssec.1) A claim by a group of Aboriginal people for an area of claimable land on the ground of traditional affiliation is established if the Land Tribunal is satisfied that the members of the group have a common connection with the land based on spiritual and other associations with, rights in relation to, and responsibilities for, the land under Aboriginal tradition.\n(sec.65-ssec.2) In determining the claim, the tribunal must consult with, and consider the views of, the persons recognised under Aboriginal tradition as the elders of the group of Aboriginal people.","sortOrder":128},{"sectionNumber":"sec.66","sectionType":"section","heading":"Establishment of claim on ground of historical association","content":"### sec.66 Establishment of claim on ground of historical association\n\nA claim by a group of Aboriginal people for an area of claimable land on the ground of historical association is established if the Land Tribunal is satisfied that the group has an association with the land based on them or their ancestors having, for a substantial period, lived on or used—\nthe land; or\nland in the district or region in which the land is located.\nWithout limiting subsection (1) , the claim may be established whether or not all or a majority of the members of the group have themselves lived on or used such land.\nIn determining the claim, the tribunal must consult with, and consider the views of, the persons recognised under Aboriginal tradition as the elders of the group of Aboriginal people.\n(sec.66-ssec.1) A claim by a group of Aboriginal people for an area of claimable land on the ground of historical association is established if the Land Tribunal is satisfied that the group has an association with the land based on them or their ancestors having, for a substantial period, lived on or used— the land; or land in the district or region in which the land is located.\n(sec.66-ssec.2) Without limiting subsection (1) , the claim may be established whether or not all or a majority of the members of the group have themselves lived on or used such land.\n(sec.66-ssec.3) In determining the claim, the tribunal must consult with, and consider the views of, the persons recognised under Aboriginal tradition as the elders of the group of Aboriginal people.\n- (a) the land; or\n- (b) land in the district or region in which the land is located.","sortOrder":129},{"sectionNumber":"sec.67","sectionType":"section","heading":"Claim may be established for only part of land claimed","content":"### sec.67 Claim may be established for only part of land claimed\n\nA claim by a group of Aboriginal people for an area of claimable land may be established for a part only of the land.\ns 67 prev s 67 ins 1993 No. 85 s 161G (amd 1994 No. 61 s 2 sch 2 )\nom 2011 No. 26 s 52","sortOrder":130},{"sectionNumber":"sec.68","sectionType":"section","heading":"Claim may be established on more than 1 ground","content":"### sec.68 Claim may be established on more than 1 ground\n\nA claim by a group of Aboriginal people for an area of claimable land may be established on more than 1 ground.\ns 68 prev s 68 om 2011 No. 26 s 52","sortOrder":131},{"sectionNumber":"sec.69","sectionType":"section","heading":"Time at which it is to be decided whether land is claimable land","content":"### sec.69 Time at which it is to be decided whether land is claimable land\n\nThe question whether land claimed under this Act is claimable land is to be decided as at the beginning of the day on which the relevant claim for the land was made under this part.\ns 69 amd 2011 No. 26 s 46","sortOrder":132},{"sectionNumber":"sec.70","sectionType":"section","heading":"Amendment of claim","content":"### sec.70 Amendment of claim\n\nA claim under this Act may be amended with the leave of the Land Tribunal.\nIf a claim is amended to include land that was not claimed in the original claim, section 62 applies as if a separate claim had been made for that land and the claim had been referred to the tribunal.\ns 70 prev s 70 om 2011 No. 26 s 54\n(sec.70-ssec.1) A claim under this Act may be amended with the leave of the Land Tribunal.\n(sec.70-ssec.2) If a claim is amended to include land that was not claimed in the original claim, section 62 applies as if a separate claim had been made for that land and the claim had been referred to the tribunal.","sortOrder":133},{"sectionNumber":"sec.71","sectionType":"section","heading":"Recommendation to Minister","content":"### sec.71 Recommendation to Minister\n\nSubject to section 72 , if a claim by a group of Aboriginal people for an area of claimable land is established, the Land Tribunal must recommend to the Minister that the land be granted in fee simple to the group.\nWhen the tribunal makes a recommendation under subsection (1) , the tribunal must also make recommendations to the Minister as to the entity, or the persons who are to be represented by an entity, that should be appointed to be the grantee of the land as trustee for the benefit of the group of Aboriginal people concerned.\nIn making recommendations under subsection (2) , the tribunal must, unless it is satisfied that exceptional circumstances exist that require it to do otherwise, act in a manner that is consistent with—\nany Aboriginal tradition applicable to the land; and\nthe views of the group of Aboriginal people concerned so far as they are not inconsistent with any such Aboriginal tradition.\nWhen the tribunal makes a recommendation under subsection (1) , the tribunal must advise the Minister, in writing, in relation to each of the following matters—\nthe number of Aborigines who will be advantaged by a grant of the land, and the nature and extent of the advantage that will accrue to them;\nthe responsibilities in relation to the land that the group of Aboriginal people concerned agree to assume if the land is granted because of the claim, and how those responsibilities should be expressed in any deed of grant for the land;\nthe detriment to persons or communities (including other Aboriginal groups and Torres Strait Islanders) that might result from a grant of the land;\nthe effect (if any) that a grant of the land is likely to have on the existing and proposed patterns of land usage in the region of the land.\nIn this section—\nMinister means the Minister administering the Land Act .\ns 71 amd 2003 No. 77 s 4 ; 2008 No. 29 s 3 sch ; 2011 No. 26 s 47\n(sec.71-ssec.1) Subject to section 72 , if a claim by a group of Aboriginal people for an area of claimable land is established, the Land Tribunal must recommend to the Minister that the land be granted in fee simple to the group.\n(sec.71-ssec.2) When the tribunal makes a recommendation under subsection (1) , the tribunal must also make recommendations to the Minister as to the entity, or the persons who are to be represented by an entity, that should be appointed to be the grantee of the land as trustee for the benefit of the group of Aboriginal people concerned.\n(sec.71-ssec.3) In making recommendations under subsection (2) , the tribunal must, unless it is satisfied that exceptional circumstances exist that require it to do otherwise, act in a manner that is consistent with— any Aboriginal tradition applicable to the land; and the views of the group of Aboriginal people concerned so far as they are not inconsistent with any such Aboriginal tradition.\n(sec.71-ssec.4) When the tribunal makes a recommendation under subsection (1) , the tribunal must advise the Minister, in writing, in relation to each of the following matters— the number of Aborigines who will be advantaged by a grant of the land, and the nature and extent of the advantage that will accrue to them; the responsibilities in relation to the land that the group of Aboriginal people concerned agree to assume if the land is granted because of the claim, and how those responsibilities should be expressed in any deed of grant for the land; the detriment to persons or communities (including other Aboriginal groups and Torres Strait Islanders) that might result from a grant of the land; the effect (if any) that a grant of the land is likely to have on the existing and proposed patterns of land usage in the region of the land.\n(sec.71-ssec.5) In this section— Minister means the Minister administering the Land Act .\n- (a) any Aboriginal tradition applicable to the land; and\n- (b) the views of the group of Aboriginal people concerned so far as they are not inconsistent with any such Aboriginal tradition.\n- (a) the number of Aborigines who will be advantaged by a grant of the land, and the nature and extent of the advantage that will accrue to them;\n- (b) the responsibilities in relation to the land that the group of Aboriginal people concerned agree to assume if the land is granted because of the claim, and how those responsibilities should be expressed in any deed of grant for the land;\n- (c) the detriment to persons or communities (including other Aboriginal groups and Torres Strait Islanders) that might result from a grant of the land;\n- (d) the effect (if any) that a grant of the land is likely to have on the existing and proposed patterns of land usage in the region of the land.","sortOrder":134},{"sectionNumber":"sec.72","sectionType":"section","heading":"Resolution of conflicting claims","content":"### sec.72 Resolution of conflicting claims\n\nSubject to subsection (2) , if claims by 2 or more groups of Aboriginal people for the same area of claimable land are established on the same ground, the Land Tribunal must recommend to the Minister that the land be granted jointly to the groups.\nIf—\nmore than 1 claim is established; and\neach of the competing claims is established on 1 or more grounds; and\n1 or more of the claims is established on the ground of traditional affiliation;\na recommendation must not be made in favour of any other group on the ground of historical association.\nIn this section—\nMinister means the Minister administering the Land Act .\ns 72 prev s 72 amd 1992 No. 36 s 1 sch 2\nom 2008 No. 29 s 31\npres s 72 amd 1993 No. 85 s 161F (amd 1994 No. 61 s 2 sch 2 ); 2003 No. 77 s 5 ; 2008 No. 29 s 3 sch ; 2011 No. 26 s 48\n(sec.72-ssec.1) Subject to subsection (2) , if claims by 2 or more groups of Aboriginal people for the same area of claimable land are established on the same ground, the Land Tribunal must recommend to the Minister that the land be granted jointly to the groups.\n(sec.72-ssec.2) If— more than 1 claim is established; and each of the competing claims is established on 1 or more grounds; and 1 or more of the claims is established on the ground of traditional affiliation; a recommendation must not be made in favour of any other group on the ground of historical association.\n(sec.72-ssec.3) In this section— Minister means the Minister administering the Land Act .\n- (a) more than 1 claim is established; and\n- (b) each of the competing claims is established on 1 or more grounds; and\n- (c) 1 or more of the claims is established on the ground of traditional affiliation;","sortOrder":135},{"sectionNumber":"sec.73","sectionType":"section","heading":"Notification of parties","content":"### sec.73 Notification of parties\n\nIf a claim by a group of Aboriginal people for an area of claimable land is established on 1 or more grounds, the Land Tribunal must notify each party to the proceeding, in writing—\nthat the claim has been so established; and\nof the recommendations (if any) made to the Minister in relation to the claim.\nIf a claim by a group of Aboriginal people for an area of claimable land is not established on 1 or more grounds, the Land Tribunal must notify each party to the proceeding, in writing, that the claim has not been so established.\nIn this section—\nMinister means the Minister administering the Land Act .\ns 73 amd 2003 No. 77 s 6 ; 2008 No. 29 s 3 sch\n(sec.73-ssec.1) If a claim by a group of Aboriginal people for an area of claimable land is established on 1 or more grounds, the Land Tribunal must notify each party to the proceeding, in writing— that the claim has been so established; and of the recommendations (if any) made to the Minister in relation to the claim.\n(sec.73-ssec.2) If a claim by a group of Aboriginal people for an area of claimable land is not established on 1 or more grounds, the Land Tribunal must notify each party to the proceeding, in writing, that the claim has not been so established.\n(sec.73-ssec.3) In this section— Minister means the Minister administering the Land Act .\n- (a) that the claim has been so established; and\n- (b) of the recommendations (if any) made to the Minister in relation to the claim.","sortOrder":136},{"sectionNumber":"pt.6","sectionType":"part","heading":"Grant of claimable land as Aboriginal land","content":"# Grant of claimable land as Aboriginal land","sortOrder":137},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Grant of land","content":"## Grant of land","sortOrder":138},{"sectionNumber":"sec.74","sectionType":"section","heading":"Deeds of grant to be prepared","content":"### sec.74 Deeds of grant to be prepared\n\nIf—\nthe Land Tribunal recommends to the Minister that an area of land be granted in fee simple to a group of Aboriginal people; and\nthe Minister is satisfied that the land, or a part of the land, should be so granted to the group;\nthe Minister must direct the chief executive to prepare a deed of grant in fee simple over the land or that part of the land.\nThe land need not be surveyed but may be described in the deed of grant in such manner as the Minister directs.\nThe deed of grant must show that the land is held by the grantees for the benefit of the group of Aboriginal people and their ancestors and descendants.\nThe deed of grant must specify—\nthe ground on which the Land Tribunal recommended that the land be granted; and\nthe responsibilities that the group of Aboriginal people have agreed to assume in relation to the land.\nSubsections (2) , (3) and (4) have effect despite any other Act or any rule of law or practice.\ns 74 prev s 74 om 2011 No. 26 s 56\npres s 74 amd 2008 No. 29 s 28\n(sec.74-ssec.1) If— the Land Tribunal recommends to the Minister that an area of land be granted in fee simple to a group of Aboriginal people; and the Minister is satisfied that the land, or a part of the land, should be so granted to the group; the Minister must direct the chief executive to prepare a deed of grant in fee simple over the land or that part of the land.\n(sec.74-ssec.2) The land need not be surveyed but may be described in the deed of grant in such manner as the Minister directs.\n(sec.74-ssec.3) The deed of grant must show that the land is held by the grantees for the benefit of the group of Aboriginal people and their ancestors and descendants.\n(sec.74-ssec.4) The deed of grant must specify— the ground on which the Land Tribunal recommended that the land be granted; and the responsibilities that the group of Aboriginal people have agreed to assume in relation to the land.\n(sec.74-ssec.5) Subsections (2) , (3) and (4) have effect despite any other Act or any rule of law or practice.\n- (a) the Land Tribunal recommends to the Minister that an area of land be granted in fee simple to a group of Aboriginal people; and\n- (b) the Minister is satisfied that the land, or a part of the land, should be so granted to the group;\n- (a) the ground on which the Land Tribunal recommended that the land be granted; and\n- (b) the responsibilities that the group of Aboriginal people have agreed to assume in relation to the land.","sortOrder":139},{"sectionNumber":"sec.75","sectionType":"section","heading":"Appointment of grantee","content":"### sec.75 Appointment of grantee\n\nThe Minister may appoint the following entities as grantee of land the subject of a deed of grant prepared under section 74 —\na CATSI corporation that is qualified to hold the land; or\na land trust.\nHowever, the Minister may appoint a CATSI corporation that is a registered native title body corporate as a grantee of land under subsection (1) only if—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\nthe registered native title body corporate is registered on the National Native Title Register for the determination.\nBefore making the appointment, the Minister—\nmust consult with, and consider the views of, the group of Aboriginal people concerned; and\nunless the Minister is satisfied that exceptional circumstances exist that require the Minister to do otherwise, must have regard to—\nany Aboriginal tradition applicable to the land; and\nthe views of the group to the extent the views are not inconsistent with any Aboriginal tradition applicable to the land.\nAlso, in considering whether to appoint a registered native title body corporate as the proposed grantee for the land, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example—\nwhether any of the group of Aboriginal people concerned, other than the native title holders of the land, may be adversely affected by the proposed appointment; and\nif the Minister is satisfied any of the group of Aboriginal people concerned will be adversely affected by the proposed appointment—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.\ns 75 amd 2007 No. 48 s 35\nsub 2011 No. 26 s 50\n(sec.75-ssec.1) The Minister may appoint the following entities as grantee of land the subject of a deed of grant prepared under section 74 — a CATSI corporation that is qualified to hold the land; or a land trust.\n(sec.75-ssec.2) However, the Minister may appoint a CATSI corporation that is a registered native title body corporate as a grantee of land under subsection (1) only if— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and the registered native title body corporate is registered on the National Native Title Register for the determination.\n(sec.75-ssec.3) Before making the appointment, the Minister— must consult with, and consider the views of, the group of Aboriginal people concerned; and unless the Minister is satisfied that exceptional circumstances exist that require the Minister to do otherwise, must have regard to— any Aboriginal tradition applicable to the land; and the views of the group to the extent the views are not inconsistent with any Aboriginal tradition applicable to the land.\n(sec.75-ssec.4) Also, in considering whether to appoint a registered native title body corporate as the proposed grantee for the land, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example— whether any of the group of Aboriginal people concerned, other than the native title holders of the land, may be adversely affected by the proposed appointment; and if the Minister is satisfied any of the group of Aboriginal people concerned will be adversely affected by the proposed appointment—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.\n- (a) a CATSI corporation that is qualified to hold the land; or\n- (b) a land trust.\n- (a) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\n- (b) the registered native title body corporate is registered on the National Native Title Register for the determination.\n- (a) must consult with, and consider the views of, the group of Aboriginal people concerned; and\n- (b) unless the Minister is satisfied that exceptional circumstances exist that require the Minister to do otherwise, must have regard to— (i) any Aboriginal tradition applicable to the land; and (ii) the views of the group to the extent the views are not inconsistent with any Aboriginal tradition applicable to the land.\n- (i) any Aboriginal tradition applicable to the land; and\n- (ii) the views of the group to the extent the views are not inconsistent with any Aboriginal tradition applicable to the land.\n- (i) any Aboriginal tradition applicable to the land; and\n- (ii) the views of the group to the extent the views are not inconsistent with any Aboriginal tradition applicable to the land.\n- (a) whether any of the group of Aboriginal people concerned, other than the native title holders of the land, may be adversely affected by the proposed appointment; and\n- (b) if the Minister is satisfied any of the group of Aboriginal people concerned will be adversely affected by the proposed appointment—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.","sortOrder":140},{"sectionNumber":"sec.76","sectionType":"section","heading":"Authority to grant fee simple in claimable land","content":"### sec.76 Authority to grant fee simple in claimable land\n\nThe Governor in Council may, under this Act and the Land Act , grant claimable land in fee simple.\ns 76 prev s 76 amd 2002 No. 74 s 90 sch ; 2007 No. 48 s 36\nsub 2008 No. 29 s 33\nom 2011 No. 26 s 58\npres s 76 amd 2008 No. 29 s 3 sch ; 2011 No. 26 s 51","sortOrder":141},{"sectionNumber":"sec.77","sectionType":"section","heading":"Deed of grant takes effect on delivery","content":"### sec.77 Deed of grant takes effect on delivery\n\nA deed of grant prepared under this division takes effect on the delivery of the deed of grant to the grantee.\nOn delivery of the deed of grant to the grantee, the land the subject of the deed becomes granted land and, if the land is not already Aboriginal land, becomes Aboriginal land.\nSubsection (1) has effect despite any other Act or any rule of law or practice.\ns 77 prev s 77 sub 2008 No. 29 s 33\nom 2011 No. 26 s 58\npres s 77 amd 2011 No. 26 s 53\n(sec.77-ssec.1) A deed of grant prepared under this division takes effect on the delivery of the deed of grant to the grantee.\n(sec.77-ssec.2) On delivery of the deed of grant to the grantee, the land the subject of the deed becomes granted land and, if the land is not already Aboriginal land, becomes Aboriginal land.\n(sec.77-ssec.3) Subsection (1) has effect despite any other Act or any rule of law or practice.","sortOrder":142},{"sectionNumber":"sec.78","sectionType":"section","heading":"Existing interests","content":"### sec.78 Existing interests\n\nIf granted land was, immediately before becoming Aboriginal land under this division, subject to an interest or benefited by an easement, the interest continues in force or the land continues to be benefited by the easement.\nIn this section—\ninterest includes native title, but does not include an interest in favour of the State or Commonwealth that is not registered.\ns 78 prev s 78 amd 2008 No. 29 s 34 ; 2009 No. 3 s 439\nom 2011 No. 26 s 58\npres s 78 amd 1993 No. 85 s 162 (retro); 2008 No. 29 s 30\namd 2010 No. 31 s 493 sch 2 pt 4 (amdt could not be given effect)\n(sec.78-ssec.1) If granted land was, immediately before becoming Aboriginal land under this division, subject to an interest or benefited by an easement, the interest continues in force or the land continues to be benefited by the easement.\n(sec.78-ssec.2) In this section— interest includes native title, but does not include an interest in favour of the State or Commonwealth that is not registered.","sortOrder":143},{"sectionNumber":"sec.79","sectionType":"section","heading":"Cancellation of existing deed of grant","content":"### sec.79 Cancellation of existing deed of grant\n\nIf—\nland is the subject of a deed of grant issued under part 4 (the existing deed ); and\na deed of grant (the new deed ) over the whole or a part of the land takes effect under section 77 ;\nthe existing deed is cancelled, to the extent of the new deed, by operation of this section.\nThe Minister must cause notice to be given to the registrar of the day of delivery of the new deed to the grantees and the registrar must note the cancellation of the existing deed in the register accordingly.\nThe trustee that holds the existing deed must, on receipt of notice by the Minister so to do, deliver the existing deed to the chief executive within such reasonable period, as is specified in the notice.\nIf the existing deed is cancelled only in relation to part of the land, the chief executive must prepare and issue to the trustee that holds the deed a deed of grant under the Land Act (the replacement deed ) over the remaining part of the land.\nThe replacement deed is, for the purposes of this Act, taken to be a deed of grant prepared and issued under part 4 .\nThe chief executive must endorse on the replacement deed, in the proper order of priority, the instruments under which existing relevant interests arose.\ns 79 prev s 79 amd 2008 No. 29 s 35\nom 2011 No. 26 s 58\npres s 79 amd 2008 No. 29 s 31 ; 2011 No. 26 s 55 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2021 No. 12 s 148 sch 3\n(sec.79-ssec.1) If— land is the subject of a deed of grant issued under part 4 (the existing deed ); and a deed of grant (the new deed ) over the whole or a part of the land takes effect under section 77 ; the existing deed is cancelled, to the extent of the new deed, by operation of this section.\n(sec.79-ssec.2) The Minister must cause notice to be given to the registrar of the day of delivery of the new deed to the grantees and the registrar must note the cancellation of the existing deed in the register accordingly.\n(sec.79-ssec.3) The trustee that holds the existing deed must, on receipt of notice by the Minister so to do, deliver the existing deed to the chief executive within such reasonable period, as is specified in the notice.\n(sec.79-ssec.4) If the existing deed is cancelled only in relation to part of the land, the chief executive must prepare and issue to the trustee that holds the deed a deed of grant under the Land Act (the replacement deed ) over the remaining part of the land.\n(sec.79-ssec.5) The replacement deed is, for the purposes of this Act, taken to be a deed of grant prepared and issued under part 4 .\n(sec.79-ssec.6) The chief executive must endorse on the replacement deed, in the proper order of priority, the instruments under which existing relevant interests arose.\n- (a) land is the subject of a deed of grant issued under part 4 (the existing deed ); and\n- (b) a deed of grant (the new deed ) over the whole or a part of the land takes effect under section 77 ;","sortOrder":144},{"sectionNumber":"sec.80","sectionType":"section","heading":"Land Court may resolve difficulties","content":"### sec.80 Land Court may resolve difficulties\n\nIf a difficulty arises in—\nthe application of this division to a particular matter; or\nthe application, to a particular matter, of a provision of another Act because of the operation of this division;\nthe Land Court may, on the application of the chief executive or an interested person, make such order as it considers proper to resolve the difficulty.\nAn order made under subsection (1) has effect despite anything contained in this part or in an Act in force immediately before the commencement of this section.\ns 80 amd 2011 No. 26 s 57\n(sec.80-ssec.1) If a difficulty arises in— the application of this division to a particular matter; or the application, to a particular matter, of a provision of another Act because of the operation of this division; the Land Court may, on the application of the chief executive or an interested person, make such order as it considers proper to resolve the difficulty.\n(sec.80-ssec.2) An order made under subsection (1) has effect despite anything contained in this part or in an Act in force immediately before the commencement of this section.\n- (a) the application of this division to a particular matter; or\n- (b) the application, to a particular matter, of a provision of another Act because of the operation of this division;","sortOrder":145},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Reservations","content":"## Reservations","sortOrder":146},{"sectionNumber":"sec.81","sectionType":"section","heading":"Resource reservations under other Acts","content":"### sec.81 Resource reservations under other Acts\n\nA deed of grant of granted land must contain the reservations to the State taken to be contained in the grant under the following—\nthe Geothermal Energy Act 2010 , section 29\nthe Greenhouse Gas Storage Act 2009 , section 28\nthe Mineral Resources Act 1989 , section 8\nthe Petroleum Act 1923 , section 10\nthe Petroleum and Gas (Production and Safety) Act 2004 , section 27 .\ns 81 amd 2008 No. 29 s 3 sch ; 2011 No. 26 s 59\nsub 2010 No. 31 s 495\namd 2014 No. 45 s 6\n- • the Geothermal Energy Act 2010 , section 29\n- • the Greenhouse Gas Storage Act 2009 , section 28\n- • the Mineral Resources Act 1989 , section 8\n- • the Petroleum Act 1923 , section 10\n- • the Petroleum and Gas (Production and Safety) Act 2004 , section 27 .","sortOrder":147},{"sectionNumber":"sec.82","sectionType":"section","heading":"Reservations of forest products and quarry material etc.","content":"### sec.82 Reservations of forest products and quarry material etc.\n\nA deed of grant of granted land that was transferred land may contain a reservation to the State of forest products or quarry material above, on or below the surface of the land only if the Minister declares that—\nthe forest products or quarry material is of vital State interest; and\nthe rights in the forest products or quarry material are reserved to the State.\nA deed of grant of granted land that was not transferred land must contain a reservation to the State of—\nall forest products; and\nall quarry material;\nabove, on and below the surface of the land.\nDespite subsection (1) , a permit, lease, licence, agreement or contract granted or made under the Forestry Act 1959 , before the day on which transferred land became granted land, in relation to the getting and selling of forest products or quarry material above, on or below the surface of the land, continues in force as if this section had not been enacted.\nIf a deed of grant of granted land that was transferred land does not contain a reservation of particular forest products or quarry material above, on or below the land, the Minister may declare that—\nthe forest products or quarry material is of vital State interest; and\nthe rights in the forest products or quarry material are acquired by the State.\nIf the Minister makes a declaration under subsection (1) or (4) , the trustee of the land is entitled to be paid by the State such reasonable compensation because of the reservation or acquisition as is agreed on between the State and the trustee or, failing agreement, as is determined by the Land Court.\ns 82 amd 1991 No. 76 s 10 ; 1993 No. 85 s 162A (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 36 ; 2011 No. 26 s 60 ; 2019 No. 17 s 17\n(sec.82-ssec.1) A deed of grant of granted land that was transferred land may contain a reservation to the State of forest products or quarry material above, on or below the surface of the land only if the Minister declares that— the forest products or quarry material is of vital State interest; and the rights in the forest products or quarry material are reserved to the State.\n(sec.82-ssec.2) A deed of grant of granted land that was not transferred land must contain a reservation to the State of— all forest products; and all quarry material; above, on and below the surface of the land.\n(sec.82-ssec.3) Despite subsection (1) , a permit, lease, licence, agreement or contract granted or made under the Forestry Act 1959 , before the day on which transferred land became granted land, in relation to the getting and selling of forest products or quarry material above, on or below the surface of the land, continues in force as if this section had not been enacted.\n(sec.82-ssec.4) If a deed of grant of granted land that was transferred land does not contain a reservation of particular forest products or quarry material above, on or below the land, the Minister may declare that— the forest products or quarry material is of vital State interest; and the rights in the forest products or quarry material are acquired by the State.\n(sec.82-ssec.5) If the Minister makes a declaration under subsection (1) or (4) , the trustee of the land is entitled to be paid by the State such reasonable compensation because of the reservation or acquisition as is agreed on between the State and the trustee or, failing agreement, as is determined by the Land Court.\n- (a) the forest products or quarry material is of vital State interest; and\n- (b) the rights in the forest products or quarry material are reserved to the State.\n- (a) all forest products; and\n- (b) all quarry material;\n- (a) the forest products or quarry material is of vital State interest; and\n- (b) the rights in the forest products or quarry material are acquired by the State.","sortOrder":148},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Access to coastal land","content":"## Access to coastal land","sortOrder":149},{"sectionNumber":"sec.83","sectionType":"section","heading":"Rights of access preserved","content":"### sec.83 Rights of access preserved\n\nIf—\nland that is an area of coast becomes Aboriginal land because of a claim under this Act; and\na right of access to or across the area (whether by persons generally or particular persons) existed immediately before the land became claimable land;\nthe right of access continues in force as if the land had not become Aboriginal land.\nIn this section—\ncoast means all land, including the bed and banks of any river, stream, watercourse, lake or other body of water, that is—\nabove the highest astronomical tide mark and within 400m, measured by the shortest distance, of that mark; or\nbelow the highest astronomical tide mark.\nhighest astronomical tide means the highest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions.\ns 83 amd 2008 No. 29 s 37\n(sec.83-ssec.1) If— land that is an area of coast becomes Aboriginal land because of a claim under this Act; and a right of access to or across the area (whether by persons generally or particular persons) existed immediately before the land became claimable land; the right of access continues in force as if the land had not become Aboriginal land.\n(sec.83-ssec.2) In this section— coast means all land, including the bed and banks of any river, stream, watercourse, lake or other body of water, that is— above the highest astronomical tide mark and within 400m, measured by the shortest distance, of that mark; or below the highest astronomical tide mark. highest astronomical tide means the highest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions.\n- (a) land that is an area of coast becomes Aboriginal land because of a claim under this Act; and\n- (b) a right of access to or across the area (whether by persons generally or particular persons) existed immediately before the land became claimable land;\n- (a) above the highest astronomical tide mark and within 400m, measured by the shortest distance, of that mark; or\n- (b) below the highest astronomical tide mark.","sortOrder":150},{"sectionNumber":"sec.83A","sectionType":"section","heading":null,"content":"### Section sec.83A\n\ns 83A ins 2007 No. 48 s 38\nom 2011 No. 26 s 61","sortOrder":151},{"sectionNumber":"sec.83B","sectionType":"section","heading":null,"content":"### Section sec.83B\n\ns 83B ins 2007 No. 48 s 38\nom 2011 No. 26 s 61","sortOrder":152},{"sectionNumber":"sec.83C","sectionType":"section","heading":null,"content":"### Section sec.83C\n\ns 83C ins 2007 No. 48 s 38\nom 2011 No. 26 s 61","sortOrder":153},{"sectionNumber":"sec.83D","sectionType":"section","heading":null,"content":"### Section sec.83D\n\ns 83D ins 2007 No. 48 s 38\nom 2011 No. 26 s 61","sortOrder":154},{"sectionNumber":"sec.83E","sectionType":"section","heading":null,"content":"### Section sec.83E\n\ns 83E (prev s 83F) ins 2007 No. 48 s 38\nrenum 2008 No. 29 s 3 sch\nom 2011 No. 26 s 61","sortOrder":155},{"sectionNumber":"pt.7","sectionType":"part","heading":"Register of entities holding Aboriginal land","content":"# Register of entities holding Aboriginal land","sortOrder":156},{"sectionNumber":"sec.84","sectionType":"section","heading":"Keeping register of entities holding Aboriginal land","content":"### sec.84 Keeping register of entities holding Aboriginal land\n\nThe chief executive must keep a register of entities that hold Aboriginal land (the Aboriginal land holding entity register ).\nThe register must contain the following information for each entity—\nthe entity’s name, address for the service of documents and contact telephone number;\na description of the Aboriginal land held by the entity.\nIf the entity is a land trust, the register must also contain all the following information about the land trust—\nthe names and addresses of all the current members of the land trust;\nthe name of each member of the land trust’s executive committee, and the position held by the member;\na contact telephone number for the chairperson and secretary of the land trust;\na copy of the land trust’s adopted rules;\ncopies of annual financial statements and audit reports the chief executive receives from the land trust under this Act;\na statement about whether or not the land trust has, for each financial year, operated in compliance with the Act .\nUnder section 258 , the chief executive must record in the register whether or not a land trust has operated in compliance with the Act .\nThe chief executive may keep the register in the form the chief executive considers appropriate, including, for example, in electronic form.\ns 84 ins 2011 No. 26 s 61\n(sec.84-ssec.1) The chief executive must keep a register of entities that hold Aboriginal land (the Aboriginal land holding entity register ).\n(sec.84-ssec.2) The register must contain the following information for each entity— the entity’s name, address for the service of documents and contact telephone number; a description of the Aboriginal land held by the entity.\n(sec.84-ssec.3) If the entity is a land trust, the register must also contain all the following information about the land trust— the names and addresses of all the current members of the land trust; the name of each member of the land trust’s executive committee, and the position held by the member; a contact telephone number for the chairperson and secretary of the land trust; a copy of the land trust’s adopted rules; copies of annual financial statements and audit reports the chief executive receives from the land trust under this Act; a statement about whether or not the land trust has, for each financial year, operated in compliance with the Act . Under section 258 , the chief executive must record in the register whether or not a land trust has operated in compliance with the Act .\n(sec.84-ssec.4) The chief executive may keep the register in the form the chief executive considers appropriate, including, for example, in electronic form.\n- (a) the entity’s name, address for the service of documents and contact telephone number;\n- (b) a description of the Aboriginal land held by the entity.\n- (a) the names and addresses of all the current members of the land trust;\n- (b) the name of each member of the land trust’s executive committee, and the position held by the member;\n- (c) a contact telephone number for the chairperson and secretary of the land trust;\n- (d) a copy of the land trust’s adopted rules;\n- (e) copies of annual financial statements and audit reports the chief executive receives from the land trust under this Act;\n- (f) a statement about whether or not the land trust has, for each financial year, operated in compliance with the Act . Note— Under section 258 , the chief executive must record in the register whether or not a land trust has operated in compliance with the Act .","sortOrder":157},{"sectionNumber":"sec.85","sectionType":"section","heading":"Giving information for register to the chief executive","content":"### sec.85 Giving information for register to the chief executive\n\nEach entity, other than a land trust, that holds Aboriginal land must—\nas soon as practicable after the end of each financial year, give to the chief executive the information mentioned in section 84 (2) for the entity; and\nas soon as practicable after any of the information changes—give the chief executive a notice of the change.\nA land trust must give to the chief executive all the information the chief executive reasonably requires to ensure the information in the register about the land trust is accurate.\ns 85 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.85-ssec.1) Each entity, other than a land trust, that holds Aboriginal land must— as soon as practicable after the end of each financial year, give to the chief executive the information mentioned in section 84 (2) for the entity; and as soon as practicable after any of the information changes—give the chief executive a notice of the change.\n(sec.85-ssec.2) A land trust must give to the chief executive all the information the chief executive reasonably requires to ensure the information in the register about the land trust is accurate.\n- (a) as soon as practicable after the end of each financial year, give to the chief executive the information mentioned in section 84 (2) for the entity; and\n- (b) as soon as practicable after any of the information changes—give the chief executive a notice of the change.","sortOrder":158},{"sectionNumber":"sec.86","sectionType":"section","heading":"Obtaining information in register","content":"### sec.86 Obtaining information in register\n\nA person may, in the approved form, ask the chief executive to give the person information included in the Aboriginal land holding entity register.\nThe chief executive must, if asked under subsection (1) , give the person the information included in the publicly available part of the register.\nThe chief executive may, if asked under subsection (1) , give the person the additional information for a land trust only if the chairperson of the land trust consents in writing to the giving of the information.\nIn this section—\nadditional information , for a land trust, means the following—\nthe names of all the current members of the land trust;\nthe information mentioned in section 84 (3) (b) , (d) or (e) .\npublicly available part , of the Aboriginal land holding entity register, means the part of the register containing all the following information—\nthe information mentioned in section 84 (2) ;\nfor a land trust—\nthe names of the chairperson and secretary of the land trust; and\nthe information mentioned in section 84 (3) (f) .\ns 86 ins 2011 No. 26 s 61\n(sec.86-ssec.1) A person may, in the approved form, ask the chief executive to give the person information included in the Aboriginal land holding entity register.\n(sec.86-ssec.2) The chief executive must, if asked under subsection (1) , give the person the information included in the publicly available part of the register.\n(sec.86-ssec.3) The chief executive may, if asked under subsection (1) , give the person the additional information for a land trust only if the chairperson of the land trust consents in writing to the giving of the information.\n(sec.86-ssec.4) In this section— additional information , for a land trust, means the following— the names of all the current members of the land trust; the information mentioned in section 84 (3) (b) , (d) or (e) . publicly available part , of the Aboriginal land holding entity register, means the part of the register containing all the following information— the information mentioned in section 84 (2) ; for a land trust— the names of the chairperson and secretary of the land trust; and the information mentioned in section 84 (3) (f) .\n- (a) the names of all the current members of the land trust;\n- (b) the information mentioned in section 84 (3) (b) , (d) or (e) .\n- (a) the information mentioned in section 84 (2) ;\n- (b) for a land trust— (i) the names of the chairperson and secretary of the land trust; and (ii) the information mentioned in section 84 (3) (f) .\n- (i) the names of the chairperson and secretary of the land trust; and\n- (ii) the information mentioned in section 84 (3) (f) .\n- (i) the names of the chairperson and secretary of the land trust; and\n- (ii) the information mentioned in section 84 (3) (f) .","sortOrder":159},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transfer of Aboriginal land by Minister","content":"# Transfer of Aboriginal land by Minister","sortOrder":160},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":161},{"sectionNumber":"sec.87","sectionType":"section","heading":"Purpose of pt 8","content":"### sec.87 Purpose of pt 8\n\nThe purpose of this part is to provide for—\nparticular Aboriginal land to vest in the State; and\nthe transfer of Aboriginal land that vests in the State to another entity to hold as Aboriginal land.\ns 87 ins 2011 No. 26 s 61\n- (a) particular Aboriginal land to vest in the State; and\n- (b) the transfer of Aboriginal land that vests in the State to another entity to hold as Aboriginal land.","sortOrder":162},{"sectionNumber":"sec.88","sectionType":"section","heading":"Application of pt 8","content":"### sec.88 Application of pt 8\n\nThis part applies to Aboriginal land that is or was held by a CATSI corporation for the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants, if—\nunder the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) —\nthe corporation stops being registered; and\nthe land is vested in the State; or\nthe corporation is no longer qualified to hold the land.\ns 88 ins 2011 No. 26 s 61\n- (a) under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) — (i) the corporation stops being registered; and (ii) the land is vested in the State; or\n- (i) the corporation stops being registered; and\n- (ii) the land is vested in the State; or\n- (b) the corporation is no longer qualified to hold the land.\n- (i) the corporation stops being registered; and\n- (ii) the land is vested in the State; or","sortOrder":163},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Vesting and transfer of land","content":"## Vesting and transfer of land","sortOrder":164},{"sectionNumber":"sec.89","sectionType":"section","heading":"Vesting of land in the State","content":"### sec.89 Vesting of land in the State\n\nIf the CATSI corporation is no longer qualified to hold the land, the Minister may, by gazette notice, declare that the land vests in the State.\nThe gazette notice must—\ninclude a description of the land; and\nstate the reason that the CATSI corporation is no longer qualified to hold the land.\ns 89 ins 2011 No. 26 s 61\n(sec.89-ssec.1) If the CATSI corporation is no longer qualified to hold the land, the Minister may, by gazette notice, declare that the land vests in the State.\n(sec.89-ssec.2) The gazette notice must— include a description of the land; and state the reason that the CATSI corporation is no longer qualified to hold the land.\n- (a) include a description of the land; and\n- (b) state the reason that the CATSI corporation is no longer qualified to hold the land.","sortOrder":165},{"sectionNumber":"sec.90","sectionType":"section","heading":"How land is held by the State","content":"### sec.90 How land is held by the State\n\nThis section applies if—\nthe land vests in the State under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; or\nthe land vests in the State under section 89 .\nThe land—\nvests in the State in fee simple; and\nthe State holds the land for the benefit of the persons for whose benefit the land was held immediately before it vested in the State.\ns 90 ins 2011 No. 26 s 61\n(sec.90-ssec.1) This section applies if— the land vests in the State under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; or the land vests in the State under section 89 .\n(sec.90-ssec.2) The land— vests in the State in fee simple; and the State holds the land for the benefit of the persons for whose benefit the land was held immediately before it vested in the State.\n- (a) the land vests in the State under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; or\n- (b) the land vests in the State under section 89 .\n- (a) vests in the State in fee simple; and\n- (b) the State holds the land for the benefit of the persons for whose benefit the land was held immediately before it vested in the State.","sortOrder":166},{"sectionNumber":"sec.91","sectionType":"section","heading":"Minister to transfer land as soon as practicable","content":"### sec.91 Minister to transfer land as soon as practicable\n\nThe Minister must, by gazette notice as soon as practicable after the land vests in the State, transfer the land under this part.\nThe gazette notice must include—\na description of the land being transferred; and\nthe name of the entity to whom the land is transferred.\ns 91 ins 2011 No. 26 s 61\n(sec.91-ssec.1) The Minister must, by gazette notice as soon as practicable after the land vests in the State, transfer the land under this part.\n(sec.91-ssec.2) The gazette notice must include— a description of the land being transferred; and the name of the entity to whom the land is transferred.\n- (a) a description of the land being transferred; and\n- (b) the name of the entity to whom the land is transferred.","sortOrder":167},{"sectionNumber":"sec.92","sectionType":"section","heading":"Transfer to registered native title body corporate to hold for native title holders","content":"### sec.92 Transfer to registered native title body corporate to hold for native title holders\n\nThis section applies if—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\nthere is a registered native title body corporate for the determination.\nThe Minister may, with the consent of the registered native title body corporate, transfer the land to it.\nIf the Minister transfers the land under this section to a registered native title body corporate, the body corporate holds the land for the native title holders of the land the subject of the determination mentioned in subsection (1) (a) .\nIn considering whether to transfer the land to a registered native title body corporate, the Minister may have regard to any matter the Minister considers relevant to the proposed transfer, including, for example—\nwhether any Aboriginal people particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed transfer; and\nif the Minister is satisfied any Aboriginal people particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.\ns 92 ins 2011 No. 26 s 61\n(sec.92-ssec.1) This section applies if— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and there is a registered native title body corporate for the determination.\n(sec.92-ssec.2) The Minister may, with the consent of the registered native title body corporate, transfer the land to it.\n(sec.92-ssec.3) If the Minister transfers the land under this section to a registered native title body corporate, the body corporate holds the land for the native title holders of the land the subject of the determination mentioned in subsection (1) (a) .\n(sec.92-ssec.4) In considering whether to transfer the land to a registered native title body corporate, the Minister may have regard to any matter the Minister considers relevant to the proposed transfer, including, for example— whether any Aboriginal people particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed transfer; and if the Minister is satisfied any Aboriginal people particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.\n- (a) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\n- (b) there is a registered native title body corporate for the determination.\n- (a) whether any Aboriginal people particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed transfer; and\n- (b) if the Minister is satisfied any Aboriginal people particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.","sortOrder":168},{"sectionNumber":"sec.93","sectionType":"section","heading":"Transfer to entity to hold for benefit of Aboriginal people","content":"### sec.93 Transfer to entity to hold for benefit of Aboriginal people\n\nThis section applies if the Minister does not transfer the land under section 92 to a registered native title body corporate.\nThe Minister may transfer the land to—\na CATSI corporation that is qualified to hold the land; or\na land trust.\nHowever, the Minister may transfer the land to a CATSI corporation that is a registered native title body corporate under subsection (2) only if—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\na determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation.\nThe transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\nThe land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\nAn ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\nAnthropological research supports the CATSI corporation as being the appropriate transferee.\nBefore transferring the land, the Minister must consult with, and consider the views of—\nif the land is transferred land—Aboriginal people particularly concerned with the land; or\nif the land is granted land—the group of Aboriginal people for whom the land is held.\nAlso, in considering whether to transfer the land to a registered native title body corporate, the Minister may have regard to any matter the Minister considers relevant to the proposed transfer, including, for example—\nwhether any Aboriginal people particularly concerned with the land may be adversely affected by the proposed transfer; and\nif the Minister is satisfied any Aboriginal people particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.\nIn deciding to transfer land under this section, the Minister must have regard to any Aboriginal tradition applicable to the land.\nIf the land is transferred under this section, the entity to whom the land is transferred holds the land for the benefit of the persons for whose benefit the land was held immediately before it was transferred.\ns 93 ins 2011 No. 26 s 61\namd 2019 No. 7 s 9\n(sec.93-ssec.1) This section applies if the Minister does not transfer the land under section 92 to a registered native title body corporate.\n(sec.93-ssec.2) The Minister may transfer the land to— a CATSI corporation that is qualified to hold the land; or a land trust.\n(sec.93-ssec.3) However, the Minister may transfer the land to a CATSI corporation that is a registered native title body corporate under subsection (2) only if— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation. The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land. The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. Anthropological research supports the CATSI corporation as being the appropriate transferee.\n(sec.93-ssec.4) Before transferring the land, the Minister must consult with, and consider the views of— if the land is transferred land—Aboriginal people particularly concerned with the land; or if the land is granted land—the group of Aboriginal people for whom the land is held.\n(sec.93-ssec.5) Also, in considering whether to transfer the land to a registered native title body corporate, the Minister may have regard to any matter the Minister considers relevant to the proposed transfer, including, for example— whether any Aboriginal people particularly concerned with the land may be adversely affected by the proposed transfer; and if the Minister is satisfied any Aboriginal people particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.\n(sec.93-ssec.6) In deciding to transfer land under this section, the Minister must have regard to any Aboriginal tradition applicable to the land.\n(sec.93-ssec.7) If the land is transferred under this section, the entity to whom the land is transferred holds the land for the benefit of the persons for whose benefit the land was held immediately before it was transferred.\n- (a) a CATSI corporation that is qualified to hold the land; or\n- (b) a land trust.\n- (a) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\n- (b) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation. Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (a) if the land is transferred land—Aboriginal people particularly concerned with the land; or\n- (b) if the land is granted land—the group of Aboriginal people for whom the land is held.\n- (a) whether any Aboriginal people particularly concerned with the land may be adversely affected by the proposed transfer; and\n- (b) if the Minister is satisfied any Aboriginal people particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people.","sortOrder":169},{"sectionNumber":"sec.94","sectionType":"section","heading":"Procedure for transferring land","content":"### sec.94 Procedure for transferring land\n\nBefore transferring the land, the Minister must—\npublish notice of the Minister’s intention to transfer the land in a newspaper or other publication circulating generally in the area in which the land is situated; and\nconsider all representations made to the Minister under subsection (4) .\nThe notice must—\ninclude a description of the land; and\nstate the following—\nthe name of the proposed transferee;\nif the land is transferred land—that an Aboriginal person particularly concerned with the land may make written representations to the Minister about the proposed transfer;\nif the land is granted land—that the group of Aboriginal people for whom the land is held may make written representations to the Minister about the proposed transfer;\nthe place where the representations may be made;\nthe period in which the representations must be made.\nThe stated period must end at least 28 days after the notice is published.\nA person, or the group, mentioned in subsection (2) (b) (ii) or (iii) may make written representations about the proposed transfer to the Minister within the stated period.\ns 94 ins 2011 No. 26 s 61\n(sec.94-ssec.1) Before transferring the land, the Minister must— publish notice of the Minister’s intention to transfer the land in a newspaper or other publication circulating generally in the area in which the land is situated; and consider all representations made to the Minister under subsection (4) .\n(sec.94-ssec.2) The notice must— include a description of the land; and state the following— the name of the proposed transferee; if the land is transferred land—that an Aboriginal person particularly concerned with the land may make written representations to the Minister about the proposed transfer; if the land is granted land—that the group of Aboriginal people for whom the land is held may make written representations to the Minister about the proposed transfer; the place where the representations may be made; the period in which the representations must be made.\n(sec.94-ssec.3) The stated period must end at least 28 days after the notice is published.\n(sec.94-ssec.4) A person, or the group, mentioned in subsection (2) (b) (ii) or (iii) may make written representations about the proposed transfer to the Minister within the stated period.\n- (a) publish notice of the Minister’s intention to transfer the land in a newspaper or other publication circulating generally in the area in which the land is situated; and\n- (b) consider all representations made to the Minister under subsection (4) .\n- (a) include a description of the land; and\n- (b) state the following— (i) the name of the proposed transferee; (ii) if the land is transferred land—that an Aboriginal person particularly concerned with the land may make written representations to the Minister about the proposed transfer; (iii) if the land is granted land—that the group of Aboriginal people for whom the land is held may make written representations to the Minister about the proposed transfer; (iv) the place where the representations may be made; (v) the period in which the representations must be made.\n- (i) the name of the proposed transferee;\n- (ii) if the land is transferred land—that an Aboriginal person particularly concerned with the land may make written representations to the Minister about the proposed transfer;\n- (iii) if the land is granted land—that the group of Aboriginal people for whom the land is held may make written representations to the Minister about the proposed transfer;\n- (iv) the place where the representations may be made;\n- (v) the period in which the representations must be made.\n- (i) the name of the proposed transferee;\n- (ii) if the land is transferred land—that an Aboriginal person particularly concerned with the land may make written representations to the Minister about the proposed transfer;\n- (iii) if the land is granted land—that the group of Aboriginal people for whom the land is held may make written representations to the Minister about the proposed transfer;\n- (iv) the place where the representations may be made;\n- (v) the period in which the representations must be made.","sortOrder":170},{"sectionNumber":"sec.95","sectionType":"section","heading":"Effect of gazette notice about transfer","content":"### sec.95 Effect of gazette notice about transfer\n\nThe transfer of the land under this part has effect on publication of the gazette notice about the transfer under section 91 .\ns 95 ins 2011 No. 26 s 61","sortOrder":171},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Notices to registrar","content":"## Notices to registrar","sortOrder":172},{"sectionNumber":"sec.96","sectionType":"section","heading":"Notice about land","content":"### sec.96 Notice about land\n\nIf land vests in the State or is transferred under this part, the chief executive must give the registrar notice of the vesting or transfer.\nThe notice must include particulars of the land the subject of the vesting or transfer.\nOn receiving the notice, the registrar must record in the freehold land register the vesting or transfer.\ns 96 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.96-ssec.1) If land vests in the State or is transferred under this part, the chief executive must give the registrar notice of the vesting or transfer.\n(sec.96-ssec.2) The notice must include particulars of the land the subject of the vesting or transfer.\n(sec.96-ssec.3) On receiving the notice, the registrar must record in the freehold land register the vesting or transfer.","sortOrder":173},{"sectionNumber":"pt.9","sectionType":"part","heading":"General provisions for dealing with Aboriginal land","content":"# General provisions for dealing with Aboriginal land","sortOrder":174},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Trustee’s power to deal with Aboriginal land","content":"## Trustee’s power to deal with Aboriginal land","sortOrder":175},{"sectionNumber":"sec.97","sectionType":"section","heading":"Power to deal with Aboriginal land","content":"### sec.97 Power to deal with Aboriginal land\n\nThis section applies subject to this part and parts 2A and 10 .\nThe trustee of Aboriginal land may—\ngrant, transfer or otherwise create an interest in, or in relation to, the land in the way the trustee considers appropriate, including, for example, by—\ngranting a lease or licence over all or a part of the land; or\nconsenting to the creation of a mining interest in the land; or\ngranting an easement over the land; or\nentering into a conservation agreement under the Nature Conservation Act 1992 , section 45 , for the land; or\nentering into an agreement with the State or the Commonwealth in relation to the getting and sale of forest products or quarry material above, on or below the land; or\ndedicate a part of the land to public use by registering a plan of subdivision under the Land Title Act , part 4 , division 3 ; or\nsurrender all or a part of the land to the State.\nFor restrictions on dealing with particular land in the Cape York Peninsula Region, see section 114 .\nThe lessee of a townsite lease may grant a licence for the use of all or a part of the lease land.\ns 97 ins 2011 No. 26 s 61\namd 2014 No. 45 s 7\n(sec.97-ssec.1) This section applies subject to this part and parts 2A and 10 .\n(sec.97-ssec.2) The trustee of Aboriginal land may— grant, transfer or otherwise create an interest in, or in relation to, the land in the way the trustee considers appropriate, including, for example, by— granting a lease or licence over all or a part of the land; or consenting to the creation of a mining interest in the land; or granting an easement over the land; or entering into a conservation agreement under the Nature Conservation Act 1992 , section 45 , for the land; or entering into an agreement with the State or the Commonwealth in relation to the getting and sale of forest products or quarry material above, on or below the land; or dedicate a part of the land to public use by registering a plan of subdivision under the Land Title Act , part 4 , division 3 ; or surrender all or a part of the land to the State. For restrictions on dealing with particular land in the Cape York Peninsula Region, see section 114 .\n(sec.97-ssec.3) The lessee of a townsite lease may grant a licence for the use of all or a part of the lease land.\n- (a) grant, transfer or otherwise create an interest in, or in relation to, the land in the way the trustee considers appropriate, including, for example, by— (i) granting a lease or licence over all or a part of the land; or (ii) consenting to the creation of a mining interest in the land; or (iii) granting an easement over the land; or (iv) entering into a conservation agreement under the Nature Conservation Act 1992 , section 45 , for the land; or (v) entering into an agreement with the State or the Commonwealth in relation to the getting and sale of forest products or quarry material above, on or below the land; or\n- (i) granting a lease or licence over all or a part of the land; or\n- (ii) consenting to the creation of a mining interest in the land; or\n- (iii) granting an easement over the land; or\n- (iv) entering into a conservation agreement under the Nature Conservation Act 1992 , section 45 , for the land; or\n- (v) entering into an agreement with the State or the Commonwealth in relation to the getting and sale of forest products or quarry material above, on or below the land; or\n- (b) dedicate a part of the land to public use by registering a plan of subdivision under the Land Title Act , part 4 , division 3 ; or\n- (c) surrender all or a part of the land to the State.\n- (i) granting a lease or licence over all or a part of the land; or\n- (ii) consenting to the creation of a mining interest in the land; or\n- (iii) granting an easement over the land; or\n- (iv) entering into a conservation agreement under the Nature Conservation Act 1992 , section 45 , for the land; or\n- (v) entering into an agreement with the State or the Commonwealth in relation to the getting and sale of forest products or quarry material above, on or below the land; or","sortOrder":176},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 ins 2011 No. 26 s 61\nom 2014 No. 45 s 9","sortOrder":177},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 ins 2011 No. 26 s 61\nom 2014 No. 45 s 9","sortOrder":178},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Sale or mortgage prohibited","content":"## Sale or mortgage prohibited","sortOrder":179},{"sectionNumber":"sec.100","sectionType":"section","heading":"Prohibition on sale or mortgage of Aboriginal land","content":"### sec.100 Prohibition on sale or mortgage of Aboriginal land\n\nThe trustee of Aboriginal land must not sell or mortgage the land.\ns 100 ins 2011 No. 26 s 61","sortOrder":180},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Grant of licences","content":"## Grant of licences","sortOrder":181},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 ins 2011 No. 26 s 61\nom 2014 No. 45 s 10","sortOrder":182},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 ins 2011 No. 26 s 61\nom 2014 No. 45 s 10","sortOrder":183},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Transfer of Aboriginal land by trustee","content":"## Transfer of Aboriginal land by trustee","sortOrder":184},{"sectionNumber":"sec.103","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.103 Application of sdiv 1\n\nThis subdivision applies to Aboriginal land held by—\na land trust; or\nAurukun Shire Council; or\nMornington Shire Council.\ns 103 ins 2011 No. 26 s 61\n- (a) a land trust; or\n- (b) Aurukun Shire Council; or\n- (c) Mornington Shire Council.","sortOrder":185},{"sectionNumber":"sec.104","sectionType":"section","heading":"Transfer of Aboriginal land","content":"### sec.104 Transfer of Aboriginal land\n\nThe trustee of the Aboriginal land (the transferor ) may transfer all or a part of the land only—\nwith the Minister’s written approval; and\nif the trustee is a land trust—to a following entity (the transferee )—\nanother land trust;\na CATSI corporation that is qualified to hold the land;\nAurukun Shire Council;\nMornington Shire Council; and\nif the trustee is Aurukun Shire Council or Mornington Shire Council—to a CATSI corporation that is qualified to hold the land (also the transferee ).\nIf a trustee transfers land under this subdivision—\nall improvements on the land must be transferred with the land; and\nfor a transferee that is a registered native title body corporate—the transferee holds the land for—\nthe native title holders of the land if the transferor and the transferee agree it is to be held for the native title holders; or\nthe benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land and subparagraph (i) does not apply to the transfer; or\nthe benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land and subparagraph (i) does not apply to the transfer; and\nfor a transferee that is not a registered native title body corporate—the transferee holds the land for—\nthe benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land; or\nthe benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land; and\nif the trustee is a land trust and all the Aboriginal land held by the trustee is transferred to the transferee—\nthe land trust for the land that is transferred is dissolved; and\nall the assets and liabilities of the trustee become the assets and liabilities of the transferee; and\nif the trustee is a land trust and paragraph (d) does not apply—the assets and liabilities of the trustee mentioned in section 106 (1) (a) (ii) become the assets and liabilities of the transferee.\ns 104 ins 2011 No. 26 s 61\namd 2013 No. 2 s 105 (amdt could not be given effect); 2019 No. 7 s 10\n(sec.104-ssec.1) The trustee of the Aboriginal land (the transferor ) may transfer all or a part of the land only— with the Minister’s written approval; and if the trustee is a land trust—to a following entity (the transferee )— another land trust; a CATSI corporation that is qualified to hold the land; Aurukun Shire Council; Mornington Shire Council; and if the trustee is Aurukun Shire Council or Mornington Shire Council—to a CATSI corporation that is qualified to hold the land (also the transferee ).\n(sec.104-ssec.2) If a trustee transfers land under this subdivision— all improvements on the land must be transferred with the land; and for a transferee that is a registered native title body corporate—the transferee holds the land for— the native title holders of the land if the transferor and the transferee agree it is to be held for the native title holders; or the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land and subparagraph (i) does not apply to the transfer; or the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land and subparagraph (i) does not apply to the transfer; and for a transferee that is not a registered native title body corporate—the transferee holds the land for— the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land; or the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land; and if the trustee is a land trust and all the Aboriginal land held by the trustee is transferred to the transferee— the land trust for the land that is transferred is dissolved; and all the assets and liabilities of the trustee become the assets and liabilities of the transferee; and if the trustee is a land trust and paragraph (d) does not apply—the assets and liabilities of the trustee mentioned in section 106 (1) (a) (ii) become the assets and liabilities of the transferee.\n- (a) with the Minister’s written approval; and\n- (b) if the trustee is a land trust—to a following entity (the transferee )— (i) another land trust; (ii) a CATSI corporation that is qualified to hold the land; (iii) Aurukun Shire Council; (iv) Mornington Shire Council; and\n- (i) another land trust;\n- (ii) a CATSI corporation that is qualified to hold the land;\n- (iii) Aurukun Shire Council;\n- (iv) Mornington Shire Council; and\n- (c) if the trustee is Aurukun Shire Council or Mornington Shire Council—to a CATSI corporation that is qualified to hold the land (also the transferee ).\n- (i) another land trust;\n- (ii) a CATSI corporation that is qualified to hold the land;\n- (iii) Aurukun Shire Council;\n- (iv) Mornington Shire Council; and\n- (a) all improvements on the land must be transferred with the land; and\n- (b) for a transferee that is a registered native title body corporate—the transferee holds the land for— (i) the native title holders of the land if the transferor and the transferee agree it is to be held for the native title holders; or (ii) the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land and subparagraph (i) does not apply to the transfer; or (iii) the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land and subparagraph (i) does not apply to the transfer; and\n- (i) the native title holders of the land if the transferor and the transferee agree it is to be held for the native title holders; or\n- (ii) the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land and subparagraph (i) does not apply to the transfer; or\n- (iii) the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land and subparagraph (i) does not apply to the transfer; and\n- (c) for a transferee that is not a registered native title body corporate—the transferee holds the land for— (i) the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land; or (ii) the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land; and\n- (i) the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land; or\n- (ii) the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land; and\n- (d) if the trustee is a land trust and all the Aboriginal land held by the trustee is transferred to the transferee— (i) the land trust for the land that is transferred is dissolved; and (ii) all the assets and liabilities of the trustee become the assets and liabilities of the transferee; and\n- (i) the land trust for the land that is transferred is dissolved; and\n- (ii) all the assets and liabilities of the trustee become the assets and liabilities of the transferee; and\n- (e) if the trustee is a land trust and paragraph (d) does not apply—the assets and liabilities of the trustee mentioned in section 106 (1) (a) (ii) become the assets and liabilities of the transferee.\n- (i) the native title holders of the land if the transferor and the transferee agree it is to be held for the native title holders; or\n- (ii) the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land and subparagraph (i) does not apply to the transfer; or\n- (iii) the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land and subparagraph (i) does not apply to the transfer; and\n- (i) the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land; or\n- (ii) the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land; and\n- (i) the land trust for the land that is transferred is dissolved; and\n- (ii) all the assets and liabilities of the trustee become the assets and liabilities of the transferee; and","sortOrder":186},{"sectionNumber":"sec.105","sectionType":"section","heading":"Application for approval to transfer","content":"### sec.105 Application for approval to transfer\n\nThe trustee of the Aboriginal land may apply to the Minister for an approval to transfer all or a part of the land.\nThe application must—\nbe in the approved form; and\nif the transferor or transferee is a land trust—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 106 (1) (a) or (b) that applies to the transfer; and\nif the transferee is a CATSI corporation—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 106 (1) (c) or (d) that applies to the transfer.\ns 105 ins 2011 No. 26 s 61\namd 2019 No. 7 s 11\n(sec.105-ssec.1) The trustee of the Aboriginal land may apply to the Minister for an approval to transfer all or a part of the land.\n(sec.105-ssec.2) The application must— be in the approved form; and if the transferor or transferee is a land trust—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 106 (1) (a) or (b) that applies to the transfer; and if the transferee is a CATSI corporation—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 106 (1) (c) or (d) that applies to the transfer.\n- (a) be in the approved form; and\n- (b) if the transferor or transferee is a land trust—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 106 (1) (a) or (b) that applies to the transfer; and\n- (c) if the transferee is a CATSI corporation—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 106 (1) (c) or (d) that applies to the transfer.","sortOrder":187},{"sectionNumber":"sec.106","sectionType":"section","heading":"Minister’s approval to transfer","content":"### sec.106 Minister’s approval to transfer\n\nThe Minister may give an approval to transfer the land only if satisfied—\nif the transferor is a land trust—at least 75% of the transferor’s members present at a general meeting of the transferor, agree to the transfer of—\nthe land; and\nthe assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\nif the transferee is a land trust—at least 75% of the transferee’s members present at a general meeting of the transferee, agree to the transfer of—\nthe land; and\nthe assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\nif the transferee is a CATSI corporation—\nthe transferee agrees to the transfer; and\nthe transferee is qualified to hold the land; and\nif the transferee is a CATSI corporation that is a registered native title body corporate—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\na determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and\nThe transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\nThe land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\nAn ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\nAnthropological research supports the CATSI corporation as being the appropriate transferee.\nit is appropriate in the circumstances to transfer the land.\nIf the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice.\nThe gazette notice must—\ninclude all of the following—\nthe name of the transferor;\na description of the land being transferred;\ndetails of each registered interest in the land being transferred;\na description of all Aboriginal land, if any, that will be held by the transferor after the transfer;\nthe name of the transferee;\na description of all Aboriginal land that will be held by the transferee after the transfer; and\nif the transferor is a land trust that is dissolved under section 104 (2) (d) (i) because of the transfer—state the land trust will be dissolved.\nIn this section—\ndescription , in relation to land, means the description of the land as shown in the freehold land register.\nregistered interest means an interest registered under the Land Title Act .\ns 106 ins 2011 No. 26 s 61\namd 2019 No. 7 s 12\n(sec.106-ssec.1) The Minister may give an approval to transfer the land only if satisfied— if the transferor is a land trust—at least 75% of the transferor’s members present at a general meeting of the transferor, agree to the transfer of— the land; and the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and if the transferee is a land trust—at least 75% of the transferee’s members present at a general meeting of the transferee, agree to the transfer of— the land; and the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and if the transferee is a CATSI corporation— the transferee agrees to the transfer; and the transferee is qualified to hold the land; and if the transferee is a CATSI corporation that is a registered native title body corporate— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land. The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. Anthropological research supports the CATSI corporation as being the appropriate transferee. it is appropriate in the circumstances to transfer the land.\n(sec.106-ssec.2) If the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice.\n(sec.106-ssec.3) The gazette notice must— include all of the following— the name of the transferor; a description of the land being transferred; details of each registered interest in the land being transferred; a description of all Aboriginal land, if any, that will be held by the transferor after the transfer; the name of the transferee; a description of all Aboriginal land that will be held by the transferee after the transfer; and if the transferor is a land trust that is dissolved under section 104 (2) (d) (i) because of the transfer—state the land trust will be dissolved.\n(sec.106-ssec.4) In this section— description , in relation to land, means the description of the land as shown in the freehold land register. registered interest means an interest registered under the Land Title Act .\n- (a) if the transferor is a land trust—at least 75% of the transferor’s members present at a general meeting of the transferor, agree to the transfer of— (i) the land; and (ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\n- (i) the land; and\n- (ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\n- (b) if the transferee is a land trust—at least 75% of the transferee’s members present at a general meeting of the transferee, agree to the transfer of— (i) the land; and (ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\n- (i) the land; and\n- (ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\n- (c) if the transferee is a CATSI corporation— (i) the transferee agrees to the transfer; and (ii) the transferee is qualified to hold the land; and\n- (i) the transferee agrees to the transfer; and\n- (ii) the transferee is qualified to hold the land; and\n- (d) if the transferee is a CATSI corporation that is a registered native title body corporate— (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\n- (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (e) it is appropriate in the circumstances to transfer the land.\n- (i) the land; and\n- (ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\n- (i) the land; and\n- (ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\n- (i) the transferee agrees to the transfer; and\n- (ii) the transferee is qualified to hold the land; and\n- (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\n- (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (a) include all of the following— (i) the name of the transferor; (ii) a description of the land being transferred; (iii) details of each registered interest in the land being transferred; (iv) a description of all Aboriginal land, if any, that will be held by the transferor after the transfer; (v) the name of the transferee; (vi) a description of all Aboriginal land that will be held by the transferee after the transfer; and\n- (i) the name of the transferor;\n- (ii) a description of the land being transferred;\n- (iii) details of each registered interest in the land being transferred;\n- (iv) a description of all Aboriginal land, if any, that will be held by the transferor after the transfer;\n- (v) the name of the transferee;\n- (vi) a description of all Aboriginal land that will be held by the transferee after the transfer; and\n- (b) if the transferor is a land trust that is dissolved under section 104 (2) (d) (i) because of the transfer—state the land trust will be dissolved.\n- (i) the name of the transferor;\n- (ii) a description of the land being transferred;\n- (iii) details of each registered interest in the land being transferred;\n- (iv) a description of all Aboriginal land, if any, that will be held by the transferor after the transfer;\n- (v) the name of the transferee;\n- (vi) a description of all Aboriginal land that will be held by the transferee after the transfer; and","sortOrder":188},{"sectionNumber":"sec.107","sectionType":"section","heading":"Effect of gazette notice about transfer","content":"### sec.107 Effect of gazette notice about transfer\n\nOn publication of the gazette notice the Aboriginal land proposed to be transferred may be transferred to the transferee.\ns 107 ins 2011 No. 26 s 61","sortOrder":189},{"sectionNumber":"sec.108","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.108 Application of sdiv 2\n\nThis subdivision applies to Aboriginal land held by a CATSI corporation.\nHowever, this subdivision does not apply to a transfer of Aboriginal land from a registered native title body corporate (the original body corporate ) to another registered native title body corporate that, under the Commonwealth Native Title Act , replaces the original body corporate.\ns 108 ins 2011 No. 26 s 61\n(sec.108-ssec.1) This subdivision applies to Aboriginal land held by a CATSI corporation.\n(sec.108-ssec.2) However, this subdivision does not apply to a transfer of Aboriginal land from a registered native title body corporate (the original body corporate ) to another registered native title body corporate that, under the Commonwealth Native Title Act , replaces the original body corporate.","sortOrder":190},{"sectionNumber":"sec.109","sectionType":"section","heading":"Transfer of Aboriginal land","content":"### sec.109 Transfer of Aboriginal land\n\nThe trustee of the Aboriginal land (the transferor ) may transfer all or a part of the land only—\nwith the Minister’s written approval; and\nto another CATSI corporation that is qualified to hold the land (the transferee ).\nThe transferee holds the land for—\nthe native title holders of the land, if—\nthe transferee is a registered native title body corporate; and\nthe transferor and the transferee agree it is to be held for the native title holders; or\notherwise—\nthe benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land; or\nthe benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land.\ns 109 ins 2011 No. 26 s 61\namd 2019 No. 7 s 13\n(sec.109-ssec.1) The trustee of the Aboriginal land (the transferor ) may transfer all or a part of the land only— with the Minister’s written approval; and to another CATSI corporation that is qualified to hold the land (the transferee ).\n(sec.109-ssec.2) The transferee holds the land for— the native title holders of the land, if— the transferee is a registered native title body corporate; and the transferor and the transferee agree it is to be held for the native title holders; or otherwise— the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land; or the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land.\n- (a) with the Minister’s written approval; and\n- (b) to another CATSI corporation that is qualified to hold the land (the transferee ).\n- (a) the native title holders of the land, if— (i) the transferee is a registered native title body corporate; and (ii) the transferor and the transferee agree it is to be held for the native title holders; or\n- (i) the transferee is a registered native title body corporate; and\n- (ii) the transferor and the transferee agree it is to be held for the native title holders; or\n- (b) otherwise— (i) the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land; or (ii) the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land.\n- (i) the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land; or\n- (ii) the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land.\n- (i) the transferee is a registered native title body corporate; and\n- (ii) the transferor and the transferee agree it is to be held for the native title holders; or\n- (i) the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land; or\n- (ii) the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land.","sortOrder":191},{"sectionNumber":"sec.110","sectionType":"section","heading":"Application for approval to transfer","content":"### sec.110 Application for approval to transfer\n\nThe trustee of the Aboriginal land may apply to the Minister for an approval to transfer all or a part of the land.\nThe application must be in the approved form.\ns 110 ins 2011 No. 26 s 61\n(sec.110-ssec.1) The trustee of the Aboriginal land may apply to the Minister for an approval to transfer all or a part of the land.\n(sec.110-ssec.2) The application must be in the approved form.","sortOrder":192},{"sectionNumber":"sec.111","sectionType":"section","heading":"Minister’s approval to transfer","content":"### sec.111 Minister’s approval to transfer\n\nThe Minister may give an approval to transfer the land only if satisfied—\nthe transferee agrees to the transfer; and\nthe transferee is qualified to hold the land; and\nif the transferee is a CATSI corporation that is a registered native title body corporate—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\na determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and\nThe transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\nThe land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\nAn ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\nAnthropological research supports the CATSI corporation as being the appropriate transferee.\nit is appropriate in the circumstances to transfer the land.\nIf the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice.\nThe gazette notice must include all of the following—\nthe name of the transferor;\na description of the land being transferred;\nthe name of the transferee.\nIn this section—\ndescription , in relation to land, means the description of the land as shown in the freehold land register.\ns 111 ins 2011 No. 26 s 61\namd 2019 No. 7 s 14\n(sec.111-ssec.1) The Minister may give an approval to transfer the land only if satisfied— the transferee agrees to the transfer; and the transferee is qualified to hold the land; and if the transferee is a CATSI corporation that is a registered native title body corporate— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land. The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. Anthropological research supports the CATSI corporation as being the appropriate transferee. it is appropriate in the circumstances to transfer the land.\n(sec.111-ssec.2) If the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice.\n(sec.111-ssec.3) The gazette notice must include all of the following— the name of the transferor; a description of the land being transferred; the name of the transferee.\n(sec.111-ssec.4) In this section— description , in relation to land, means the description of the land as shown in the freehold land register.\n- (a) the transferee agrees to the transfer; and\n- (b) the transferee is qualified to hold the land; and\n- (c) if the transferee is a CATSI corporation that is a registered native title body corporate— (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\n- (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (d) it is appropriate in the circumstances to transfer the land.\n- (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\n- (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (a) the name of the transferor;\n- (b) a description of the land being transferred;\n- (c) the name of the transferee.","sortOrder":193},{"sectionNumber":"sec.112","sectionType":"section","heading":"Effect of gazette notice about transfer","content":"### sec.112 Effect of gazette notice about transfer\n\nOn publication of the gazette notice the Aboriginal land proposed to be transferred may be transferred to the transferee.\ns 112 ins 2011 No. 26 s 61","sortOrder":194},{"sectionNumber":"sec.113","sectionType":"section","heading":"Exemption","content":"### sec.113 Exemption\n\nIf a trustee of Aboriginal land transfers all or a part of the land under this division, no fee or charge is payable by the trustee or the entity to whom the land is transferred in relation to lodgement and registration of any instrument in the land registry to give effect to the transfer.\ns 113 ins 2011 No. 26 s 61","sortOrder":195},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Land in Cape York Peninsula Region","content":"## Land in Cape York Peninsula Region","sortOrder":196},{"sectionNumber":"sec.114","sectionType":"section","heading":"Dealing with Aboriginal land in Cape York Peninsula Region","content":"### sec.114 Dealing with Aboriginal land in Cape York Peninsula Region\n\nSubsection (2) applies to Aboriginal land in the Cape York Peninsula Region if the State and the trustee of the land agree the land or a part of the land is to become a national park (Cape York Peninsula Aboriginal land).\nThe trustee must, before the land or part becomes a national park (Cape York Peninsula Aboriginal land), enter into an indigenous management agreement with the State about the management of the land or part.\nThe trustee of land that is a national park (Cape York Peninsula Aboriginal land)—\nmay surrender all or any part of the land to the State; and\nmust not, other than under the Nature Conservation Act 1992 , sections 42AD and 42AE , transfer, grant or otherwise create, or consent to the creation of, any other interest in the land.\nSubsection (3) (b) applies despite any other provision of this or another Act.\ns 114 ins 2011 No. 26 s 61\n(sec.114-ssec.1) Subsection (2) applies to Aboriginal land in the Cape York Peninsula Region if the State and the trustee of the land agree the land or a part of the land is to become a national park (Cape York Peninsula Aboriginal land).\n(sec.114-ssec.2) The trustee must, before the land or part becomes a national park (Cape York Peninsula Aboriginal land), enter into an indigenous management agreement with the State about the management of the land or part.\n(sec.114-ssec.3) The trustee of land that is a national park (Cape York Peninsula Aboriginal land)— may surrender all or any part of the land to the State; and must not, other than under the Nature Conservation Act 1992 , sections 42AD and 42AE , transfer, grant or otherwise create, or consent to the creation of, any other interest in the land.\n(sec.114-ssec.4) Subsection (3) (b) applies despite any other provision of this or another Act.\n- (a) may surrender all or any part of the land to the State; and\n- (b) must not, other than under the Nature Conservation Act 1992 , sections 42AD and 42AE , transfer, grant or otherwise create, or consent to the creation of, any other interest in the land.","sortOrder":197},{"sectionNumber":"pt.9-div.6","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":198},{"sectionNumber":"sec.115","sectionType":"section","heading":"Trustee to advise chief executive of change to description of land","content":"### sec.115 Trustee to advise chief executive of change to description of land\n\nIf a trustee deals with Aboriginal land held by the trustee in a way that changes the description of the land as shown in the freehold land register, the trustee must as soon as practicable after the dealing happens give the chief executive notice of the change.\ns 115 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1","sortOrder":199},{"sectionNumber":"sec.116","sectionType":"section","heading":"Particular dealings in Aboriginal land void","content":"### sec.116 Particular dealings in Aboriginal land void\n\nA grant, transfer or other creation of an interest in Aboriginal land in contravention of this part or part 2A or 10 is void.\nSubsection (1) does not apply to a registered interest.\ns 116 ins 2011 No. 26 s 61\namd 2014 No. 45 s 11\n(sec.116-ssec.1) A grant, transfer or other creation of an interest in Aboriginal land in contravention of this part or part 2A or 10 is void.\n(sec.116-ssec.2) Subsection (1) does not apply to a registered interest.","sortOrder":200},{"sectionNumber":"sec.117","sectionType":"section","heading":"Provision about resumption of Aboriginal land etc.","content":"### sec.117 Provision about resumption of Aboriginal land etc.\n\nAn interest in Aboriginal land can not be resumed, taken or otherwise compulsorily acquired, sold or dealt with other than under the Acquisition Act by a constructing authority.\nHowever, an interest in Aboriginal land may be taken under the Acquisition Act only for a relevant purpose.\nTo remove any doubt, it is declared that, for taking an interest in Aboriginal land under the Acquisition Act , the Aboriginal land is land as defined in that Act.\nSubsection (1) has effect despite any other Act, whether enacted before or after the commencement of this section.\nIn this section—\nrelevant purpose means any purpose for which land may be taken under the Acquisition Act by a constructing authority, other than a purpose under—\nthe Geothermal Energy Act 2010 ; or\nthe Greenhouse Gas Storage Act 2009 ; or\nthe Petroleum and Gas (Production and Safety) Act 2004 ; or\nthe State Development and Public Works Organisation Act 1971 .\ns 117 ins 2011 No. 26 s 61\n(sec.117-ssec.1) An interest in Aboriginal land can not be resumed, taken or otherwise compulsorily acquired, sold or dealt with other than under the Acquisition Act by a constructing authority.\n(sec.117-ssec.2) However, an interest in Aboriginal land may be taken under the Acquisition Act only for a relevant purpose.\n(sec.117-ssec.3) To remove any doubt, it is declared that, for taking an interest in Aboriginal land under the Acquisition Act , the Aboriginal land is land as defined in that Act.\n(sec.117-ssec.4) Subsection (1) has effect despite any other Act, whether enacted before or after the commencement of this section.\n(sec.117-ssec.5) In this section— relevant purpose means any purpose for which land may be taken under the Acquisition Act by a constructing authority, other than a purpose under— the Geothermal Energy Act 2010 ; or the Greenhouse Gas Storage Act 2009 ; or the Petroleum and Gas (Production and Safety) Act 2004 ; or the State Development and Public Works Organisation Act 1971 .\n- (a) the Geothermal Energy Act 2010 ; or\n- (b) the Greenhouse Gas Storage Act 2009 ; or\n- (c) the Petroleum and Gas (Production and Safety) Act 2004 ; or\n- (d) the State Development and Public Works Organisation Act 1971 .","sortOrder":201},{"sectionNumber":"sec.118","sectionType":"section","heading":"Devolution of granted land","content":"### sec.118 Devolution of granted land\n\nThis section applies if—\na trustee holds granted land for the benefit of a single group of Aboriginal people; and\nthe last surviving member of the group dies without leaving a descendant.\nThe trustee holds the land for the benefit of Aboriginal people particularly concerned with the land unless the Minister decides, in writing, that the trustee holds the land for a stated group of Aboriginal people.\nThe chief executive must give notice to the registrar about how the land is vested in the trustee.\nOn receiving the notice, the registrar must record in the freehold land register how the land is vested in the trustee.\nBefore making a decision under subsection (2) , the Minister must consult with the Aboriginal people particularly concerned with the land and, unless the Minister is satisfied that exceptional circumstances exist that require the Minister to do otherwise, must have regard to—\nany Aboriginal tradition applicable to the land; and\nthe views of the Aboriginal people to the extent they are not inconsistent with the Aboriginal tradition.\nSubsection (2) applies despite any other Act.\ns 118 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1 ; 2021 No. 12 s 148 sch 3\n(sec.118-ssec.1) This section applies if— a trustee holds granted land for the benefit of a single group of Aboriginal people; and the last surviving member of the group dies without leaving a descendant.\n(sec.118-ssec.2) The trustee holds the land for the benefit of Aboriginal people particularly concerned with the land unless the Minister decides, in writing, that the trustee holds the land for a stated group of Aboriginal people.\n(sec.118-ssec.3) The chief executive must give notice to the registrar about how the land is vested in the trustee.\n(sec.118-ssec.4) On receiving the notice, the registrar must record in the freehold land register how the land is vested in the trustee.\n(sec.118-ssec.5) Before making a decision under subsection (2) , the Minister must consult with the Aboriginal people particularly concerned with the land and, unless the Minister is satisfied that exceptional circumstances exist that require the Minister to do otherwise, must have regard to— any Aboriginal tradition applicable to the land; and the views of the Aboriginal people to the extent they are not inconsistent with the Aboriginal tradition.\n(sec.118-ssec.6) Subsection (2) applies despite any other Act.\n- (a) a trustee holds granted land for the benefit of a single group of Aboriginal people; and\n- (b) the last surviving member of the group dies without leaving a descendant.\n- (a) any Aboriginal tradition applicable to the land; and\n- (b) the views of the Aboriginal people to the extent they are not inconsistent with the Aboriginal tradition.","sortOrder":202},{"sectionNumber":"pt.10","sectionType":"part","heading":"Leasing of Aboriginal land","content":"# Leasing of Aboriginal land","sortOrder":203},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":204},{"sectionNumber":"sec.119","sectionType":"section","heading":"Definitions for pt 10","content":"### sec.119 Definitions for pt 10\n\nIn this part—\nhome ownership lease see sections 120 (2) and 121 (2) .\nlessee means—\nfor a part 10 lease granted under a townsite lease—the sublessee under the townsite lease; or\nfor another part 10 lease—the lessee under the lease.\nlessor means—\nfor a part 10 lease granted under a townsite lease—the lessee of the townsite lease; or\nfor another part 10 lease—the trustee of the lease land.\npart 10 lease means a lease granted under this part.\ntownsite lease see section 120 (3) .\ns 119 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n- (a) for a part 10 lease granted under a townsite lease—the sublessee under the townsite lease; or\n- (b) for another part 10 lease—the lessee under the lease.\n- (a) for a part 10 lease granted under a townsite lease—the lessee of the townsite lease; or\n- (b) for another part 10 lease—the trustee of the lease land.","sortOrder":205},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Grant of leases for Aboriginal land","content":"## Grant of leases for Aboriginal land","sortOrder":206},{"sectionNumber":"sec.120","sectionType":"section","heading":"Grant of lease by trustee of Aboriginal land","content":"### sec.120 Grant of lease by trustee of Aboriginal land\n\nThe trustee of Aboriginal land may grant a lease over all or a part of the land for not more than 99 years.\nWithout limiting subsection (1) , the trustee of Aboriginal land may grant a lease (a home ownership lease ) over all or a part of the land for 99 years to any of the following for residential use—\nan Aboriginal person;\na person who is not an Aboriginal person if—\nthe person is the spouse or former spouse of—\na person mentioned in paragraph (a) ; or\na person mentioned in paragraph (a) who is deceased; or\nthe lease supports another part 10 lease granted to the person.\nThe trustee of Aboriginal land may grant a perpetual lease (a townsite lease ) over all or a part of the land if—\nthe land or part is township land; and\nthe lease is granted to a local government.\ns 120 ins 2011 No. 26 s 61\namd 2013 No. 2 s 106 (amdt could not be given effect)\nsub 2014 No. 45 s 12\n(sec.120-ssec.1) The trustee of Aboriginal land may grant a lease over all or a part of the land for not more than 99 years.\n(sec.120-ssec.2) Without limiting subsection (1) , the trustee of Aboriginal land may grant a lease (a home ownership lease ) over all or a part of the land for 99 years to any of the following for residential use— an Aboriginal person; a person who is not an Aboriginal person if— the person is the spouse or former spouse of— a person mentioned in paragraph (a) ; or a person mentioned in paragraph (a) who is deceased; or the lease supports another part 10 lease granted to the person.\n(sec.120-ssec.3) The trustee of Aboriginal land may grant a perpetual lease (a townsite lease ) over all or a part of the land if— the land or part is township land; and the lease is granted to a local government.\n- (a) an Aboriginal person;\n- (b) a person who is not an Aboriginal person if— (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a) ; or (B) a person mentioned in paragraph (a) who is deceased; or (ii) the lease supports another part 10 lease granted to the person.\n- (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a) ; or (B) a person mentioned in paragraph (a) who is deceased; or\n- (A) a person mentioned in paragraph (a) ; or\n- (B) a person mentioned in paragraph (a) who is deceased; or\n- (ii) the lease supports another part 10 lease granted to the person.\n- (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a) ; or (B) a person mentioned in paragraph (a) who is deceased; or\n- (A) a person mentioned in paragraph (a) ; or\n- (B) a person mentioned in paragraph (a) who is deceased; or\n- (ii) the lease supports another part 10 lease granted to the person.\n- (A) a person mentioned in paragraph (a) ; or\n- (B) a person mentioned in paragraph (a) who is deceased; or\n- (a) the land or part is township land; and\n- (b) the lease is granted to a local government.","sortOrder":207},{"sectionNumber":"sec.121","sectionType":"section","heading":"Grant of lease by lessee of townsite lease","content":"### sec.121 Grant of lease by lessee of townsite lease\n\nThe lessee of a townsite lease may grant a lease for not more than 99 years over all or a part of the lease land.\nWithout limiting subsection (1) , the lessee of a townsite lease may grant a lease (also a home ownership lease ) over all or a part of the lease land for 99 years to any of the following for residential use—\nan Aboriginal person;\na person who is not an Aboriginal person if—\nthe person is the spouse or former spouse of—\na person mentioned in paragraph (a) ; or\na person mentioned in paragraph (a) who is deceased; or\nthe lease supports another part 10 lease granted to the person.\ns 121 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.121-ssec.1) The lessee of a townsite lease may grant a lease for not more than 99 years over all or a part of the lease land.\n(sec.121-ssec.2) Without limiting subsection (1) , the lessee of a townsite lease may grant a lease (also a home ownership lease ) over all or a part of the lease land for 99 years to any of the following for residential use— an Aboriginal person; a person who is not an Aboriginal person if— the person is the spouse or former spouse of— a person mentioned in paragraph (a) ; or a person mentioned in paragraph (a) who is deceased; or the lease supports another part 10 lease granted to the person.\n- (a) an Aboriginal person;\n- (b) a person who is not an Aboriginal person if— (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a) ; or (B) a person mentioned in paragraph (a) who is deceased; or (ii) the lease supports another part 10 lease granted to the person.\n- (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a) ; or (B) a person mentioned in paragraph (a) who is deceased; or\n- (A) a person mentioned in paragraph (a) ; or\n- (B) a person mentioned in paragraph (a) who is deceased; or\n- (ii) the lease supports another part 10 lease granted to the person.\n- (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a) ; or (B) a person mentioned in paragraph (a) who is deceased; or\n- (A) a person mentioned in paragraph (a) ; or\n- (B) a person mentioned in paragraph (a) who is deceased; or\n- (ii) the lease supports another part 10 lease granted to the person.\n- (A) a person mentioned in paragraph (a) ; or\n- (B) a person mentioned in paragraph (a) who is deceased; or","sortOrder":208},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Common provisions for part 10 leases","content":"## Common provisions for part 10 leases","sortOrder":209},{"sectionNumber":"sec.122","sectionType":"section","heading":"General conditions of particular leases","content":"### sec.122 General conditions of particular leases\n\nA part 10 lease, other than a townsite lease, may include any of the following conditions—\na stated standard terms document under the Land Title Act forms part of the lease;\nthe lease must not be transferred without the lessor’s prior written consent;\nan interest under the lease, other than a mortgage of the lease, must not be created without the lessor’s prior written consent.\nIf a part 10 lease includes a condition mentioned in subsection (1) (b) or (c) , the lessor must not unreasonably withhold consent to the transfer or the creation of an interest under the lease.\nA part 10 lease may be mortgaged without the consent of the lessor.\nSubject to subsection (3) , this section does not limit the conditions that may be imposed on a part 10 lease.\ns 122 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.122-ssec.1) A part 10 lease, other than a townsite lease, may include any of the following conditions— a stated standard terms document under the Land Title Act forms part of the lease; the lease must not be transferred without the lessor’s prior written consent; an interest under the lease, other than a mortgage of the lease, must not be created without the lessor’s prior written consent.\n(sec.122-ssec.2) If a part 10 lease includes a condition mentioned in subsection (1) (b) or (c) , the lessor must not unreasonably withhold consent to the transfer or the creation of an interest under the lease.\n(sec.122-ssec.3) A part 10 lease may be mortgaged without the consent of the lessor.\n(sec.122-ssec.4) Subject to subsection (3) , this section does not limit the conditions that may be imposed on a part 10 lease.\n- (a) a stated standard terms document under the Land Title Act forms part of the lease;\n- (b) the lease must not be transferred without the lessor’s prior written consent;\n- (c) an interest under the lease, other than a mortgage of the lease, must not be created without the lessor’s prior written consent.","sortOrder":210},{"sectionNumber":"sec.123","sectionType":"section","heading":"Option to renew particular lease","content":"### sec.123 Option to renew particular lease\n\nA part 10 lease granted under section 120 (1) or 121 (1) may include an option to renew the lease.\nThe term of the renewed lease must not be more than the initial term of the lease.\ns 123 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.123-ssec.1) A part 10 lease granted under section 120 (1) or 121 (1) may include an option to renew the lease.\n(sec.123-ssec.2) The term of the renewed lease must not be more than the initial term of the lease.","sortOrder":211},{"sectionNumber":"sec.124","sectionType":"section","heading":"Transfer of lease","content":"### sec.124 Transfer of lease\n\nA part 10 lease must not be transferred to a person who, under this Act, would not be entitled to a grant of the lease.\ns 124 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12","sortOrder":212},{"sectionNumber":"sec.125","sectionType":"section","heading":"Lease etc. to be registered","content":"### sec.125 Lease etc. to be registered\n\nThe lessee of a part 10 lease must register the lease and an amendment, surrender or transfer of the lease.\nDespite the Land Title Act , section 65 (2) , an instrument of lease for Aboriginal land must include a plan of survey identifying the lease land.\nSubsection (2) does not apply to a lease entered into only in relation to an area completely within a building.\ns 125 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n- (1) The lessee of a part 10 lease must register the lease and an amendment, surrender or transfer of the lease.\n- (2) Despite the Land Title Act , section 65 (2) , an instrument of lease for Aboriginal land must include a plan of survey identifying the lease land.\n- (3) Subsection (2) does not apply to a lease entered into only in relation to an area completely within a building.","sortOrder":213},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Home ownership leases","content":"## Home ownership leases","sortOrder":214},{"sectionNumber":"sec.126","sectionType":"section","heading":"General conditions and requirements","content":"### sec.126 General conditions and requirements\n\nA home ownership lease is subject to all of the following conditions—\nthe annual rental under the lease is the amount, of not more than $1, decided by the lessor;\nthe consideration payable for the lease must include, as a lump sum payment, an amount equal to the value of the lease land as decided by the lessor using at least 1 of the following—\na valuation methodology decided by the chief executive;\nthe benchmark purchase price, as prescribed by regulation, for land in the part of the State in which the lease land is situated;\nthe lease land must be used primarily for residential use;\nif a dwelling for residential use is not situated on the lease land when the lease is granted—the lessee must ensure a dwelling for residential use is built on the land within 8 years after the lease is granted.\nA lessor may grant a home ownership lease only if the amount equal to the value of the lease land decided under subsection (1) (b) has been paid to the lessor.\nThe chief executive—\nmust, if asked, give a person a copy of the valuation methodology mentioned in subsection (1) (b) (i) ; and\nmay make the valuation methodology available for inspection on the department’s website.\nHowever, the value of the lease land under subsection (1) (b) must be taken to be nil if—\nthe lessee is the recipient of a hardship certificate under the new Land Holding Act ; and\nthe certificate has not previously been used under this section, whether or not the land identified in the certificate is the same as the lease land.\ns 126 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.126-ssec.1) A home ownership lease is subject to all of the following conditions— the annual rental under the lease is the amount, of not more than $1, decided by the lessor; the consideration payable for the lease must include, as a lump sum payment, an amount equal to the value of the lease land as decided by the lessor using at least 1 of the following— a valuation methodology decided by the chief executive; the benchmark purchase price, as prescribed by regulation, for land in the part of the State in which the lease land is situated; the lease land must be used primarily for residential use; if a dwelling for residential use is not situated on the lease land when the lease is granted—the lessee must ensure a dwelling for residential use is built on the land within 8 years after the lease is granted.\n(sec.126-ssec.2) A lessor may grant a home ownership lease only if the amount equal to the value of the lease land decided under subsection (1) (b) has been paid to the lessor.\n(sec.126-ssec.3) The chief executive— must, if asked, give a person a copy of the valuation methodology mentioned in subsection (1) (b) (i) ; and may make the valuation methodology available for inspection on the department’s website.\n(sec.126-ssec.4) However, the value of the lease land under subsection (1) (b) must be taken to be nil if— the lessee is the recipient of a hardship certificate under the new Land Holding Act ; and the certificate has not previously been used under this section, whether or not the land identified in the certificate is the same as the lease land.\n- (a) the annual rental under the lease is the amount, of not more than $1, decided by the lessor;\n- (b) the consideration payable for the lease must include, as a lump sum payment, an amount equal to the value of the lease land as decided by the lessor using at least 1 of the following— (i) a valuation methodology decided by the chief executive; (ii) the benchmark purchase price, as prescribed by regulation, for land in the part of the State in which the lease land is situated;\n- (i) a valuation methodology decided by the chief executive;\n- (ii) the benchmark purchase price, as prescribed by regulation, for land in the part of the State in which the lease land is situated;\n- (c) the lease land must be used primarily for residential use;\n- (d) if a dwelling for residential use is not situated on the lease land when the lease is granted—the lessee must ensure a dwelling for residential use is built on the land within 8 years after the lease is granted.\n- (i) a valuation methodology decided by the chief executive;\n- (ii) the benchmark purchase price, as prescribed by regulation, for land in the part of the State in which the lease land is situated;\n- (a) must, if asked, give a person a copy of the valuation methodology mentioned in subsection (1) (b) (i) ; and\n- (b) may make the valuation methodology available for inspection on the department’s website.\n- (a) the lessee is the recipient of a hardship certificate under the new Land Holding Act ; and\n- (b) the certificate has not previously been used under this section, whether or not the land identified in the certificate is the same as the lease land.","sortOrder":215},{"sectionNumber":"sec.127","sectionType":"section","heading":"Additional requirement if dwelling situated on land","content":"### sec.127 Additional requirement if dwelling situated on land\n\nThis section applies if—\na lessor proposes to grant a home ownership lease; and\na dwelling is situated on the lease land.\nThe lessor must give the housing chief executive notice of the lessor’s intention to grant the lease.\nWithin 28 days after receiving the notice, the housing chief executive must give the lessor a notice stating whether or not the dwelling is a social housing dwelling.\nThe lessor must not grant the lease before receiving the notice under subsection (3) .\nThis section and section 128 do not limit section 126 .\ns 127 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.127-ssec.1) This section applies if— a lessor proposes to grant a home ownership lease; and a dwelling is situated on the lease land.\n(sec.127-ssec.2) The lessor must give the housing chief executive notice of the lessor’s intention to grant the lease.\n(sec.127-ssec.3) Within 28 days after receiving the notice, the housing chief executive must give the lessor a notice stating whether or not the dwelling is a social housing dwelling.\n(sec.127-ssec.4) The lessor must not grant the lease before receiving the notice under subsection (3) .\n(sec.127-ssec.5) This section and section 128 do not limit section 126 .\n- (a) a lessor proposes to grant a home ownership lease; and\n- (b) a dwelling is situated on the lease land.","sortOrder":216},{"sectionNumber":"sec.128","sectionType":"section","heading":"Additional conditions and requirements for social housing dwelling","content":"### sec.128 Additional conditions and requirements for social housing dwelling\n\nThis section applies if the notice under section 127 (3) states the dwelling is a social housing dwelling.\nBefore the lease is granted, the lessor must decide the price of the dwelling—\nby agreement with the housing chief executive; or\nby using a methodology agreed between the lessor and the housing chief executive.\nThe consideration payable for the lease must include, as a lump sum payment, an amount equal to the price of the dwelling decided under subsection (2) .\nThe lessor may grant the lease only if—\nthe housing chief executive has given written approval that the grant may include the sale of the dwelling; and\nthe amount equal to the price of the dwelling decided under subsection (2) has been paid to the lessor.\nIn considering whether to give the approval mentioned in subsection (4) (a) , the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be social housing.\nIf the lessor grants the lease, and within 28 days after the lease is registered, the lessor must give the housing chief executive—\na notice stating—\nthe day the lease was registered; and\nthe names of the parties to the lease; and\nevidence showing the consideration for the lease under subsection (3) and section 126 (1) (b) has been paid to the lessor.\nAn amount paid under subsection (3) for the price of a dwelling must be used by the lessor as required under section 288 .\ns 128 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\namd 2019 No. 7 s 15\n(sec.128-ssec.1) This section applies if the notice under section 127 (3) states the dwelling is a social housing dwelling.\n(sec.128-ssec.2) Before the lease is granted, the lessor must decide the price of the dwelling— by agreement with the housing chief executive; or by using a methodology agreed between the lessor and the housing chief executive.\n(sec.128-ssec.3) The consideration payable for the lease must include, as a lump sum payment, an amount equal to the price of the dwelling decided under subsection (2) .\n(sec.128-ssec.4) The lessor may grant the lease only if— the housing chief executive has given written approval that the grant may include the sale of the dwelling; and the amount equal to the price of the dwelling decided under subsection (2) has been paid to the lessor.\n(sec.128-ssec.5) In considering whether to give the approval mentioned in subsection (4) (a) , the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be social housing.\n(sec.128-ssec.6) If the lessor grants the lease, and within 28 days after the lease is registered, the lessor must give the housing chief executive— a notice stating— the day the lease was registered; and the names of the parties to the lease; and evidence showing the consideration for the lease under subsection (3) and section 126 (1) (b) has been paid to the lessor. An amount paid under subsection (3) for the price of a dwelling must be used by the lessor as required under section 288 .\n- (a) by agreement with the housing chief executive; or\n- (b) by using a methodology agreed between the lessor and the housing chief executive.\n- (a) the housing chief executive has given written approval that the grant may include the sale of the dwelling; and\n- (b) the amount equal to the price of the dwelling decided under subsection (2) has been paid to the lessor.\n- (a) a notice stating— (i) the day the lease was registered; and (ii) the names of the parties to the lease; and\n- (i) the day the lease was registered; and\n- (ii) the names of the parties to the lease; and\n- (b) evidence showing the consideration for the lease under subsection (3) and section 126 (1) (b) has been paid to the lessor.\n- (i) the day the lease was registered; and\n- (ii) the names of the parties to the lease; and","sortOrder":217},{"sectionNumber":"sec.129","sectionType":"section","heading":"Grounds for forfeiture","content":"### sec.129 Grounds for forfeiture\n\nA home ownership lease may be forfeited only if—\nthe lessee breaches either of the following conditions and fails to remedy the breach within 6 months after receiving notice of the breach from the lessor—\na condition of the lease mentioned in section 126 (1) (d) ;\nanother condition if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease; or\nthe lessee acquired the lease by fraud.\ns 129 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n- (a) the lessee breaches either of the following conditions and fails to remedy the breach within 6 months after receiving notice of the breach from the lessor— (i) a condition of the lease mentioned in section 126 (1) (d) ; (ii) another condition if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease; or\n- (i) a condition of the lease mentioned in section 126 (1) (d) ;\n- (ii) another condition if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease; or\n- (b) the lessee acquired the lease by fraud.\n- (i) a condition of the lease mentioned in section 126 (1) (d) ;\n- (ii) another condition if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease; or","sortOrder":218},{"sectionNumber":"sec.130","sectionType":"section","heading":"Referral to Land Court for forfeiture","content":"### sec.130 Referral to Land Court for forfeiture\n\nBefore a home ownership lease is forfeited, the lessor must refer the proposed forfeiture to the Land Court to decide whether the lease may be forfeited.\nAt least 28 days before the lessor refers the proposed forfeiture to the Land Court, the lessor must give notice of the proposed referral to the lessee and any mortgagee of the lease.\nThe notice must state the grounds on which the lessor reasonably considers the lease may be forfeited.\nIf the lessor refers the proposed forfeiture to the Land Court, the lessor must file a copy of the notice in the court.\nIn deciding whether the lease may be forfeited, the Land Court must have regard to—\nthe grounds stated in the notice under subsection (3) ; and\nif the proposed forfeiture is because of a breach of a condition of the lease—whether the court considers the breach is of a serious nature and warrants forfeiture of the lease.\nA decision by the Land Court that the lease may be forfeited may be subject to conditions.\ns 130 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.130-ssec.1) Before a home ownership lease is forfeited, the lessor must refer the proposed forfeiture to the Land Court to decide whether the lease may be forfeited.\n(sec.130-ssec.2) At least 28 days before the lessor refers the proposed forfeiture to the Land Court, the lessor must give notice of the proposed referral to the lessee and any mortgagee of the lease.\n(sec.130-ssec.3) The notice must state the grounds on which the lessor reasonably considers the lease may be forfeited.\n(sec.130-ssec.4) If the lessor refers the proposed forfeiture to the Land Court, the lessor must file a copy of the notice in the court.\n(sec.130-ssec.5) In deciding whether the lease may be forfeited, the Land Court must have regard to— the grounds stated in the notice under subsection (3) ; and if the proposed forfeiture is because of a breach of a condition of the lease—whether the court considers the breach is of a serious nature and warrants forfeiture of the lease.\n(sec.130-ssec.6) A decision by the Land Court that the lease may be forfeited may be subject to conditions.\n- (a) the grounds stated in the notice under subsection (3) ; and\n- (b) if the proposed forfeiture is because of a breach of a condition of the lease—whether the court considers the breach is of a serious nature and warrants forfeiture of the lease.","sortOrder":219},{"sectionNumber":"sec.131","sectionType":"section","heading":"Lessor’s options if Land Court decides lease may be forfeited","content":"### sec.131 Lessor’s options if Land Court decides lease may be forfeited\n\nIf the Land Court decides a home ownership lease may be forfeited, the lessor may—\nif the proposed forfeiture is subject to conditions decided by the court—forfeit the lease under this subdivision if the conditions of forfeiture are satisfied; or\notherwise—forfeit the lease under this subdivision.\nIf the proposed forfeiture is because of a breach of a lease condition, the lessor may decide not to forfeit the lease and instead allow the lease to continue subject to the lease being amended to include conditions agreed between the lessor and the lessee.\ns 131 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.131-ssec.1) If the Land Court decides a home ownership lease may be forfeited, the lessor may— if the proposed forfeiture is subject to conditions decided by the court—forfeit the lease under this subdivision if the conditions of forfeiture are satisfied; or otherwise—forfeit the lease under this subdivision.\n(sec.131-ssec.2) If the proposed forfeiture is because of a breach of a lease condition, the lessor may decide not to forfeit the lease and instead allow the lease to continue subject to the lease being amended to include conditions agreed between the lessor and the lessee.\n- (a) if the proposed forfeiture is subject to conditions decided by the court—forfeit the lease under this subdivision if the conditions of forfeiture are satisfied; or\n- (b) otherwise—forfeit the lease under this subdivision.","sortOrder":220},{"sectionNumber":"sec.132","sectionType":"section","heading":"Notice and effect of forfeiture","content":"### sec.132 Notice and effect of forfeiture\n\nIf the lessor forfeits a home ownership lease, the lessor must, within 60 days after the Land Court makes its decision about forfeiture of the lease, give notice that the lease is forfeited to—\nthe lessee and any mortgagee of the lease; and\nthe registrar.\nOn receiving the notice, the registrar must record the forfeiture of the lease in the appropriate register.\nThe forfeiture of the lease takes effect on the day the registrar acts under subsection (2) .\nOn forfeiture of the lease—\nthe lease ends; and\nthe lessee is divested of any interest in the lease; and\nany person occupying the lease land must immediately vacate the land.\ns 132 ins 2011 No. 26 s 61\namd 2013 No. 2 s 107\nsub 2014 No. 45 s 12\namd 2021 No. 12 s 148 sch 3\n(sec.132-ssec.1) If the lessor forfeits a home ownership lease, the lessor must, within 60 days after the Land Court makes its decision about forfeiture of the lease, give notice that the lease is forfeited to— the lessee and any mortgagee of the lease; and the registrar.\n(sec.132-ssec.2) On receiving the notice, the registrar must record the forfeiture of the lease in the appropriate register.\n(sec.132-ssec.3) The forfeiture of the lease takes effect on the day the registrar acts under subsection (2) .\n(sec.132-ssec.4) On forfeiture of the lease— the lease ends; and the lessee is divested of any interest in the lease; and any person occupying the lease land must immediately vacate the land.\n- (a) the lessee and any mortgagee of the lease; and\n- (b) the registrar.\n- (a) the lease ends; and\n- (b) the lessee is divested of any interest in the lease; and\n- (c) any person occupying the lease land must immediately vacate the land.","sortOrder":221},{"sectionNumber":"sec.133","sectionType":"section","heading":"Extension of term of lease if proposed forfeiture","content":"### sec.133 Extension of term of lease if proposed forfeiture\n\nThis section applies to a home ownership lease if—\na proposed forfeiture of the lease has been referred to the Land Court; and\nafter the referral but before the Land Court decides on the matter, the term of the lease would, but for subsection (2) , end.\nThe term of the lease is taken to continue until—\nif the lease is forfeited—the forfeiture of the lease takes effect as mentioned in section 132 (3) ; or\notherwise—the end of 60 days after the Land Court makes its decision.\nSubsection (2) applies to the lease despite the provisions of the lease and any other provision of this Act.\ns 133 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.133-ssec.1) This section applies to a home ownership lease if— a proposed forfeiture of the lease has been referred to the Land Court; and after the referral but before the Land Court decides on the matter, the term of the lease would, but for subsection (2) , end.\n(sec.133-ssec.2) The term of the lease is taken to continue until— if the lease is forfeited—the forfeiture of the lease takes effect as mentioned in section 132 (3) ; or otherwise—the end of 60 days after the Land Court makes its decision.\n(sec.133-ssec.3) Subsection (2) applies to the lease despite the provisions of the lease and any other provision of this Act.\n- (a) a proposed forfeiture of the lease has been referred to the Land Court; and\n- (b) after the referral but before the Land Court decides on the matter, the term of the lease would, but for subsection (2) , end.\n- (a) if the lease is forfeited—the forfeiture of the lease takes effect as mentioned in section 132 (3) ; or\n- (b) otherwise—the end of 60 days after the Land Court makes its decision.","sortOrder":222},{"sectionNumber":"sec.134","sectionType":"section","heading":"Application to renew lease","content":"### sec.134 Application to renew lease\n\nThe lessee under a home ownership lease may apply in writing to the lessor to renew the lease.\nThe application must—\nstate the name of the lessee; and\ninclude information to identify the lease.\ns 134 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.134-ssec.1) The lessee under a home ownership lease may apply in writing to the lessor to renew the lease.\n(sec.134-ssec.2) The application must— state the name of the lessee; and include information to identify the lease.\n- (a) state the name of the lessee; and\n- (b) include information to identify the lease.","sortOrder":223},{"sectionNumber":"sec.135","sectionType":"section","heading":"Notice of expiry of lease","content":"### sec.135 Notice of expiry of lease\n\nThis section applies if the lessee under a home ownership lease has not, under section 134 , applied for renewal of the lease at least 2 years before the term of the lease ends.\nAt least 1 year before the term of the lease ends, the lessor must give the lessee notice stating—\nthe day the term of the lease ends; and\nthat the lessee may apply under this subdivision for renewal of the lease; and\nhow the lessee may apply.\ns 135 prev s 135 om 2011 No. 26 s 83\npres s 135 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.135-ssec.1) This section applies if the lessee under a home ownership lease has not, under section 134 , applied for renewal of the lease at least 2 years before the term of the lease ends.\n(sec.135-ssec.2) At least 1 year before the term of the lease ends, the lessor must give the lessee notice stating— the day the term of the lease ends; and that the lessee may apply under this subdivision for renewal of the lease; and how the lessee may apply.\n- (a) the day the term of the lease ends; and\n- (b) that the lessee may apply under this subdivision for renewal of the lease; and\n- (c) how the lessee may apply.","sortOrder":224},{"sectionNumber":"sec.136","sectionType":"section","heading":"Lessor to consider and decide application","content":"### sec.136 Lessor to consider and decide application\n\nWithin 6 months after an application is made under section 134 , the lessor must consider the application and decide to renew or not to renew the home ownership lease.\ns 136 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12","sortOrder":225},{"sectionNumber":"sec.137","sectionType":"section","heading":"Decision to renew lease","content":"### sec.137 Decision to renew lease\n\nIf the lessor decides to renew the home ownership lease, the lessor must give the lessee—\nnotice of the decision; and\na copy of the renewed lease.\nThe renewed lease—\nhas effect immediately after the lease it replaces (the replaced lease ) ends; and\nis subject to all the conditions to which the replaced lease was subject immediately before it ended.\nNo amount is payable under section 126 (1) (b) for the renewed lease.\ns 137 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.137-ssec.1) If the lessor decides to renew the home ownership lease, the lessor must give the lessee— notice of the decision; and a copy of the renewed lease.\n(sec.137-ssec.2) The renewed lease— has effect immediately after the lease it replaces (the replaced lease ) ends; and is subject to all the conditions to which the replaced lease was subject immediately before it ended.\n(sec.137-ssec.3) No amount is payable under section 126 (1) (b) for the renewed lease.\n- (a) notice of the decision; and\n- (b) a copy of the renewed lease.\n- (a) has effect immediately after the lease it replaces (the replaced lease ) ends; and\n- (b) is subject to all the conditions to which the replaced lease was subject immediately before it ended.","sortOrder":226},{"sectionNumber":"sec.138","sectionType":"section","heading":"Lessor may decide not to renew lease","content":"### sec.138 Lessor may decide not to renew lease\n\nThe lessor may decide not to renew the home ownership lease only if the lessor is reasonably satisfied—\nthe lease land is not being used primarily for residential use; or\nthe lessee acquired the lease by fraud.\ns 138 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n- (a) the lease land is not being used primarily for residential use; or\n- (b) the lessee acquired the lease by fraud.","sortOrder":227},{"sectionNumber":"sec.139","sectionType":"section","heading":"Notice about decision not to renew lease","content":"### sec.139 Notice about decision not to renew lease\n\nIf the lessor decides not to renew the home ownership lease, the lessor must give the lessee an information notice for the decision.\ns 139 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12","sortOrder":228},{"sectionNumber":"sec.140","sectionType":"section","heading":"Extension of term of lease if application for renewal","content":"### sec.140 Extension of term of lease if application for renewal\n\nThis section applies to a home ownership lease if—\nthe lessee has applied to renew the lease under section 134 ; and\nbefore the lessor decides the application, the term of the lease would, but for subsection (2) , end.\nThe term of the lease is taken to continue until notice of the lessor’s decision is given to the lessee under this subdivision.\nSubsection (2) applies to the lease despite the provisions of the lease and any other provision of this Act.\ns 140 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.140-ssec.1) This section applies to a home ownership lease if— the lessee has applied to renew the lease under section 134 ; and before the lessor decides the application, the term of the lease would, but for subsection (2) , end.\n(sec.140-ssec.2) The term of the lease is taken to continue until notice of the lessor’s decision is given to the lessee under this subdivision.\n(sec.140-ssec.3) Subsection (2) applies to the lease despite the provisions of the lease and any other provision of this Act.\n- (a) the lessee has applied to renew the lease under section 134 ; and\n- (b) before the lessor decides the application, the term of the lease would, but for subsection (2) , end.","sortOrder":229},{"sectionNumber":"sec.141","sectionType":"section","heading":"Right to remove improvements if lease forfeited or not renewed","content":"### sec.141 Right to remove improvements if lease forfeited or not renewed\n\nIf the lessor forfeits or decides not to renew a home ownership lease, the lessor must allow the lessee to remove the lessee’s improvements on the lease land within a reasonable period of at least 28 days decided by the lessor.\nIf the improvements are not removed within the period, they become the property of the lessor.\ns 141 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.141-ssec.1) If the lessor forfeits or decides not to renew a home ownership lease, the lessor must allow the lessee to remove the lessee’s improvements on the lease land within a reasonable period of at least 28 days decided by the lessor.\n(sec.141-ssec.2) If the improvements are not removed within the period, they become the property of the lessor.","sortOrder":230},{"sectionNumber":"sec.142","sectionType":"section","heading":"Payment by lessor if lease forfeited or not renewed","content":"### sec.142 Payment by lessor if lease forfeited or not renewed\n\nIf the lessor forfeits or decides not to renew a home ownership lease, the lessor must pay to the person who was the lessee the amount decided by the lessor under subsection (2) (the required amount ).\nThe required amount is the amount equal to the combined value of the following (the maximum amount ) less any amounts deducted from the maximum amount under section 144 —\nthe value of the lease land on the day the lease is forfeited or ends;\nthe value of the lessee’s improvements on the land that become the property of the lessor.\nThe value of the lease land must be the amount decided by the lessor using the valuation methodology mentioned in section 126 (1) (b) (i) .\nThe value of any improvements on the lease land must be decided by the lessor based on the market value of the improvements in a sale of a lease of the same term and tenure as the forfeited or non-renewed lease.\nThe lessor must decide the required amount as soon as practicable after giving the person notice that the lease is forfeited or not renewed.\nOn deciding the required amount, the lessor must give the person an information notice for the decision.\nThis section is subject to section 143 .\ns 142 ins 2011 No. 26 s 61\namd 2013 No. 2 s 108\nsub 2014 No. 45 s 12\n(sec.142-ssec.1) If the lessor forfeits or decides not to renew a home ownership lease, the lessor must pay to the person who was the lessee the amount decided by the lessor under subsection (2) (the required amount ).\n(sec.142-ssec.2) The required amount is the amount equal to the combined value of the following (the maximum amount ) less any amounts deducted from the maximum amount under section 144 — the value of the lease land on the day the lease is forfeited or ends; the value of the lessee’s improvements on the land that become the property of the lessor.\n(sec.142-ssec.3) The value of the lease land must be the amount decided by the lessor using the valuation methodology mentioned in section 126 (1) (b) (i) .\n(sec.142-ssec.4) The value of any improvements on the lease land must be decided by the lessor based on the market value of the improvements in a sale of a lease of the same term and tenure as the forfeited or non-renewed lease.\n(sec.142-ssec.5) The lessor must decide the required amount as soon as practicable after giving the person notice that the lease is forfeited or not renewed.\n(sec.142-ssec.6) On deciding the required amount, the lessor must give the person an information notice for the decision.\n(sec.142-ssec.7) This section is subject to section 143 .\n- (a) the value of the lease land on the day the lease is forfeited or ends;\n- (b) the value of the lessee’s improvements on the land that become the property of the lessor.","sortOrder":231},{"sectionNumber":"sec.143","sectionType":"section","heading":"Unclaimed amount","content":"### sec.143 Unclaimed amount\n\nIf the lessor can not find the person entitled to receive the required amount, or the person does not collect the amount from the lessor within 9 years after the day the lease is forfeited or not renewed, the required amount is forfeited to the lessor.\ns 143 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1\nsub 2014 No. 45 s 12","sortOrder":232},{"sectionNumber":"sec.144","sectionType":"section","heading":"Amount owing to lessor or mortgagee","content":"### sec.144 Amount owing to lessor or mortgagee\n\nIf the lessor forfeits or decides not to renew a home ownership lease, the lessor may deduct the following amounts from the maximum amount—\nan amount in payment of all costs properly incurred by the lessor in forfeiting or not renewing the lease;\nan amount in payment of expenses incurred by the lessor to rectify damage caused to the lease land by the person who was the lessee;\nany amount owing to the lessor by the person under the lease;\nany amount owing to a mortgagee of the lease by the person under a mortgage of the lease.\ns 144 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n- (a) an amount in payment of all costs properly incurred by the lessor in forfeiting or not renewing the lease;\n- (b) an amount in payment of expenses incurred by the lessor to rectify damage caused to the lease land by the person who was the lessee;\n- (c) any amount owing to the lessor by the person under the lease;\n- (d) any amount owing to a mortgagee of the lease by the person under a mortgage of the lease.","sortOrder":233},{"sectionNumber":"sec.145","sectionType":"section","heading":"Payment of amount to mortgagee in discharge of mortgage","content":"### sec.145 Payment of amount to mortgagee in discharge of mortgage\n\nThis section applies if—\nthe lessor forfeits or decides not to renew a home ownership lease; and\nunder a mortgage of the lease, an amount is owing to a mortgagee of the lease by the person who was the lessee.\nThe lessor must pay to the mortgagee—\nif the amount that may be deducted from the maximum amount under section 144 (d) is less than the difference between the maximum amount and the amounts deducted under section 144 (a) , (b) and (c) —the amount that may be deducted from the maximum amount under section 144 (d) ; or\notherwise—the amount equal to the difference between the maximum amount and the amounts deducted under section 144 (a) , (b) and (c) .\nThe lessor must pay the amount payable under subsection (2) to the mortgagee—\nif no appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the time for making an appeal ends; or\nif an appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the appeal is finally decided.\nIf the lessor pays an amount to the mortgagee in relation to a mortgage of the lease, the mortgagee must use the amount in discharge of the mortgage.\ns 145 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.145-ssec.1) This section applies if— the lessor forfeits or decides not to renew a home ownership lease; and under a mortgage of the lease, an amount is owing to a mortgagee of the lease by the person who was the lessee.\n(sec.145-ssec.2) The lessor must pay to the mortgagee— if the amount that may be deducted from the maximum amount under section 144 (d) is less than the difference between the maximum amount and the amounts deducted under section 144 (a) , (b) and (c) —the amount that may be deducted from the maximum amount under section 144 (d) ; or otherwise—the amount equal to the difference between the maximum amount and the amounts deducted under section 144 (a) , (b) and (c) .\n(sec.145-ssec.3) The lessor must pay the amount payable under subsection (2) to the mortgagee— if no appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the time for making an appeal ends; or if an appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the appeal is finally decided.\n(sec.145-ssec.4) If the lessor pays an amount to the mortgagee in relation to a mortgage of the lease, the mortgagee must use the amount in discharge of the mortgage.\n- (a) the lessor forfeits or decides not to renew a home ownership lease; and\n- (b) under a mortgage of the lease, an amount is owing to a mortgagee of the lease by the person who was the lessee.\n- (a) if the amount that may be deducted from the maximum amount under section 144 (d) is less than the difference between the maximum amount and the amounts deducted under section 144 (a) , (b) and (c) —the amount that may be deducted from the maximum amount under section 144 (d) ; or\n- (b) otherwise—the amount equal to the difference between the maximum amount and the amounts deducted under section 144 (a) , (b) and (c) .\n- (a) if no appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the time for making an appeal ends; or\n- (b) if an appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the appeal is finally decided.","sortOrder":234},{"sectionNumber":"sec.146","sectionType":"section","heading":"Exemption from fees and charges","content":"### sec.146 Exemption from fees and charges\n\nThis section applies to an instrument of lease for a home ownership lease.\nNo fee or charge is payable for—\nthe lodgement and registration of the instrument in the land registry; or\nthe provision by the registrar of other services for the lodgement and registration of the instrument.\ns 146 ins 2011 No. 26 s 61\namd 2013 No. 2 s 109 (amdt could not be given effect)\nsub 2014 No. 45 s 12\namd 2021 No. 12 s 148 sch 3\n(sec.146-ssec.1) This section applies to an instrument of lease for a home ownership lease.\n(sec.146-ssec.2) No fee or charge is payable for— the lodgement and registration of the instrument in the land registry; or the provision by the registrar of other services for the lodgement and registration of the instrument.\n- (a) the lodgement and registration of the instrument in the land registry; or\n- (b) the provision by the registrar of other services for the lodgement and registration of the instrument.","sortOrder":235},{"sectionNumber":"sec.147","sectionType":"section","heading":"Beneficiary to home ownership lease","content":"### sec.147 Beneficiary to home ownership lease\n\nA person who is beneficially entitled under a will to a home ownership lease may ask the lessor—\nto give the person a notice stating whether or not the person is entitled to a grant of the lease under this Act; and\nif, under a condition of the lease, the lease can not be transferred without the lessor’s written consent—for the lessor’s written consent to the transfer of the lease.\nUnder section 122 , a home ownership lease may include a condition that it must not be transferred without the lessor’s prior written consent.\nThe lessor must comply with a request under subsection (1) as soon as practicable after receiving the request.\ns 147 ins 2011 No. 26 s 61\ns 147 def lessor amd 2013 No. 23 s 352 sch 1 pt 1 ; 2013 No. 2 s 110 (1) (amdt could not be given effect)\ns 147 def residential lease amd 2013 No. 23 s 352 sch 1 pt 1 ; 2013 No. 2 s 110 (2) – (3) (amdt could not be given effect)\nsub 2014 No. 45 s 12\n(sec.147-ssec.1) A person who is beneficially entitled under a will to a home ownership lease may ask the lessor— to give the person a notice stating whether or not the person is entitled to a grant of the lease under this Act; and if, under a condition of the lease, the lease can not be transferred without the lessor’s written consent—for the lessor’s written consent to the transfer of the lease. Under section 122 , a home ownership lease may include a condition that it must not be transferred without the lessor’s prior written consent.\n(sec.147-ssec.2) The lessor must comply with a request under subsection (1) as soon as practicable after receiving the request.\n- (a) to give the person a notice stating whether or not the person is entitled to a grant of the lease under this Act; and\n- (b) if, under a condition of the lease, the lease can not be transferred without the lessor’s written consent—for the lessor’s written consent to the transfer of the lease.","sortOrder":236},{"sectionNumber":"pt.10-div.5","sectionType":"division","heading":"Townsite leases","content":"## Townsite leases","sortOrder":237},{"sectionNumber":"sec.148","sectionType":"section","heading":"Minister’s consent for grant of townsite lease","content":"### sec.148 Minister’s consent for grant of townsite lease\n\nA townsite lease may be granted only with the Minister’s prior written consent.\nThe Minister may consent to the grant of a townsite lease only if—\nthe lease is over an entire lot as shown in the appropriate register; and\nthe Minister is reasonably satisfied that any existing interests in the proposed lease land are not inconsistent with the lease.\ns 148 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\n(sec.148-ssec.1) A townsite lease may be granted only with the Minister’s prior written consent.\n(sec.148-ssec.2) The Minister may consent to the grant of a townsite lease only if— the lease is over an entire lot as shown in the appropriate register; and the Minister is reasonably satisfied that any existing interests in the proposed lease land are not inconsistent with the lease.\n- (a) the lease is over an entire lot as shown in the appropriate register; and\n- (b) the Minister is reasonably satisfied that any existing interests in the proposed lease land are not inconsistent with the lease.","sortOrder":238},{"sectionNumber":"sec.149","sectionType":"section","heading":"General requirements for Minister’s consent","content":"### sec.149 General requirements for Minister’s consent\n\nA person seeking the Minister’s prior written consent to the grant of a townsite lease must give the Minister the information or documents reasonably required by the Minister to show—\nthe purpose of the lease; and\nthe grant of the lease is for the benefit of persons for whom the trustee holds the lease land; and\nthe grant of the lease—\nwill facilitate the continued operation of a township on the lease land; and\nwill not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\nIn considering whether to give the consent, the Minister—\nmust have regard to the information or documents given to the Minister under subsection (1) ; and\nmay have regard to other information the Minister reasonably considers relevant to the proposed lease.\nAlso, before giving the consent, the Minister must be reasonably satisfied—\nthe Aboriginal people particularly concerned with the lease land are generally in agreement with the grant of the lease; and\nthe grant of the lease—\nwill facilitate the continued operation of a township on the lease land; and\nwill not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\ns 149 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1\nsub 2014 No. 45 s 12\n(sec.149-ssec.1) A person seeking the Minister’s prior written consent to the grant of a townsite lease must give the Minister the information or documents reasonably required by the Minister to show— the purpose of the lease; and the grant of the lease is for the benefit of persons for whom the trustee holds the lease land; and the grant of the lease— will facilitate the continued operation of a township on the lease land; and will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n(sec.149-ssec.2) In considering whether to give the consent, the Minister— must have regard to the information or documents given to the Minister under subsection (1) ; and may have regard to other information the Minister reasonably considers relevant to the proposed lease.\n(sec.149-ssec.3) Also, before giving the consent, the Minister must be reasonably satisfied— the Aboriginal people particularly concerned with the lease land are generally in agreement with the grant of the lease; and the grant of the lease— will facilitate the continued operation of a township on the lease land; and will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n- (a) the purpose of the lease; and\n- (b) the grant of the lease is for the benefit of persons for whom the trustee holds the lease land; and\n- (c) the grant of the lease— (i) will facilitate the continued operation of a township on the lease land; and (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n- (i) will facilitate the continued operation of a township on the lease land; and\n- (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n- (i) will facilitate the continued operation of a township on the lease land; and\n- (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n- (a) must have regard to the information or documents given to the Minister under subsection (1) ; and\n- (b) may have regard to other information the Minister reasonably considers relevant to the proposed lease.\n- (a) the Aboriginal people particularly concerned with the lease land are generally in agreement with the grant of the lease; and\n- (b) the grant of the lease— (i) will facilitate the continued operation of a township on the lease land; and (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n- (i) will facilitate the continued operation of a township on the lease land; and\n- (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n- (i) will facilitate the continued operation of a township on the lease land; and\n- (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.","sortOrder":239},{"sectionNumber":"sec.150","sectionType":"section","heading":"Transfer or amendment of townsite lease","content":"### sec.150 Transfer or amendment of townsite lease\n\nA townsite lease must not be transferred or amended without—\nthe agreement of both the trustee and the lessee of the lease land; and\nthe Minister’s prior written consent.\nA person seeking the Minister’s prior written consent to the transfer or amendment of a townsite lease must give the Minister the information or documents relevant to the proposed transfer or amendment reasonably required by the Minister.\nIn considering whether to consent to the transfer of a townsite lease, the Minister must consider whether the proposed transferee is capable of complying with the conditions of the lease.\nThe Minister may consent to the amendment of a townsite lease only if reasonably satisfied—\nthe amendment does not significantly change the conditions of the townsite lease; and\nthe amendment will not diminish the purpose of the lease.\nA townsite lease must not be transferred to a person who, under this Act, would not be entitled to a grant of the lease.\ns 150 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1\nsub 2014 No. 45 s 12\n(sec.150-ssec.1) A townsite lease must not be transferred or amended without— the agreement of both the trustee and the lessee of the lease land; and the Minister’s prior written consent.\n(sec.150-ssec.2) A person seeking the Minister’s prior written consent to the transfer or amendment of a townsite lease must give the Minister the information or documents relevant to the proposed transfer or amendment reasonably required by the Minister.\n(sec.150-ssec.3) In considering whether to consent to the transfer of a townsite lease, the Minister must consider whether the proposed transferee is capable of complying with the conditions of the lease.\n(sec.150-ssec.4) The Minister may consent to the amendment of a townsite lease only if reasonably satisfied— the amendment does not significantly change the conditions of the townsite lease; and the amendment will not diminish the purpose of the lease.\n(sec.150-ssec.5) A townsite lease must not be transferred to a person who, under this Act, would not be entitled to a grant of the lease.\n- (a) the agreement of both the trustee and the lessee of the lease land; and\n- (b) the Minister’s prior written consent.\n- (a) the amendment does not significantly change the conditions of the townsite lease; and\n- (b) the amendment will not diminish the purpose of the lease.","sortOrder":240},{"sectionNumber":"sec.151","sectionType":"section","heading":"Surrender of townsite lease","content":"### sec.151 Surrender of townsite lease\n\nA townsite lease must not be surrendered without the Minister’s prior written consent.\ns 151 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12","sortOrder":241},{"sectionNumber":"sec.152","sectionType":"section","heading":"No forfeiture of townsite lease","content":"### sec.152 No forfeiture of townsite lease\n\nA townsite lease can not be forfeited.\ns 152 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1\nsub 2014 No. 45 s 12","sortOrder":242},{"sectionNumber":"sec.153","sectionType":"section","heading":"Lessee of townsite lease taken to be lessor of existing leases","content":"### sec.153 Lessee of townsite lease taken to be lessor of existing leases\n\nSubsection (2) applies if a townsite lease is granted over Aboriginal land that is, immediately before the grant of the townsite lease, the subject of a following lease (each a continued lease )—\na 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ;\na lease under the Land Act ;\na trustee (Aboriginal) lease.\nOn the grant of the townsite lease—\nthe continued lease continues in force and is taken to be—\nif the continued lease is primarily for residential use—a home ownership lease for the same term for which the continued lease was granted; or\notherwise—a lease granted under section 121 (1) ; and\nthe lessee of the townsite lease is substituted for the lessor as a party to the continued lease.\nUnder section 45 (2) , the trustee of the Aboriginal land is the lessor of the continued lease.\nSection 45 (3) applies to a continued lease as if the reference in that subsection to the trustee of the land were a reference to the lessee of the townsite lease.\ns 153 ins 2011 No. 26 s 61\nsub 2014 No. 45 s 12\namd 2014 No. 45 s 58 sch 1 pt 2\n(sec.153-ssec.1) Subsection (2) applies if a townsite lease is granted over Aboriginal land that is, immediately before the grant of the townsite lease, the subject of a following lease (each a continued lease )— a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ; a lease under the Land Act ; a trustee (Aboriginal) lease.\n(sec.153-ssec.2) On the grant of the townsite lease— the continued lease continues in force and is taken to be— if the continued lease is primarily for residential use—a home ownership lease for the same term for which the continued lease was granted; or otherwise—a lease granted under section 121 (1) ; and the lessee of the townsite lease is substituted for the lessor as a party to the continued lease. Under section 45 (2) , the trustee of the Aboriginal land is the lessor of the continued lease.\n(sec.153-ssec.4) Section 45 (3) applies to a continued lease as if the reference in that subsection to the trustee of the land were a reference to the lessee of the townsite lease.\n- (a) a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ;\n- (b) a lease under the Land Act ;\n- (c) a trustee (Aboriginal) lease.\n- (a) the continued lease continues in force and is taken to be— (i) if the continued lease is primarily for residential use—a home ownership lease for the same term for which the continued lease was granted; or (ii) otherwise—a lease granted under section 121 (1) ; and\n- (i) if the continued lease is primarily for residential use—a home ownership lease for the same term for which the continued lease was granted; or\n- (ii) otherwise—a lease granted under section 121 (1) ; and\n- (b) the lessee of the townsite lease is substituted for the lessor as a party to the continued lease.\n- (i) if the continued lease is primarily for residential use—a home ownership lease for the same term for which the continued lease was granted; or\n- (ii) otherwise—a lease granted under section 121 (1) ; and","sortOrder":243},{"sectionNumber":"pt.10-div.6","sectionType":"division","heading":"Forfeiture and renewal of residential leases","content":"## Forfeiture and renewal of residential leases","sortOrder":244},{"sectionNumber":"sec.154","sectionType":"section","heading":null,"content":"### Section sec.154\n\ns 154 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1\nom 2014 No. 45 s 12","sortOrder":245},{"sectionNumber":"sec.155","sectionType":"section","heading":"Application to renew lease","content":"### sec.155 Application to renew lease\n\ns 155 ins 2011 No. 26 s 61\nom 2014 No. 45 s 12","sortOrder":246},{"sectionNumber":"sec.156","sectionType":"section","heading":"Lessor to consider and decide application","content":"### sec.156 Lessor to consider and decide application\n\ns 156 ins 2011 No. 26 s 61\nom 2014 No. 45 s 12","sortOrder":247},{"sectionNumber":"sec.157","sectionType":"section","heading":"Decision to renew lease","content":"### sec.157 Decision to renew lease\n\ns 157 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1\nom 2014 No. 45 s 12","sortOrder":248},{"sectionNumber":"sec.158","sectionType":"section","heading":"Lessor may decide not to renew lease","content":"### sec.158 Lessor may decide not to renew lease\n\ns 158 ins 2011 No. 26 s 61\nom 2014 No. 45 s 12","sortOrder":249},{"sectionNumber":"sec.159","sectionType":"section","heading":"Notice to lessee about decision not to renew lease","content":"### sec.159 Notice to lessee about decision not to renew lease\n\ns 159 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1\nom 2014 No. 45 s 12","sortOrder":250},{"sectionNumber":"sec.160","sectionType":"section","heading":"Extension of term of lease—application for renewal","content":"### sec.160 Extension of term of lease—application for renewal\n\ns 160 ins 2011 No. 26 s 61\nom 2014 No. 45 s 12","sortOrder":251},{"sectionNumber":"sec.161","sectionType":"section","heading":"Right to remove improvements if residential lease forfeited or not renewed","content":"### sec.161 Right to remove improvements if residential lease forfeited or not renewed\n\ns 161 ins 2011 No. 26 s 61\nom 2014 No. 45 s 12","sortOrder":252},{"sectionNumber":"sec.162","sectionType":"section","heading":"Payment by lessor for forfeited or non-renewed residential lease","content":"### sec.162 Payment by lessor for forfeited or non-renewed residential lease\n\ns 162 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1\nom 2014 No. 45 s 12","sortOrder":253},{"sectionNumber":"sec.163","sectionType":"section","heading":"Unclaimed amounts","content":"### sec.163 Unclaimed amounts\n\ns 163 ins 2011 No. 26 s 61\nom 2014 No. 45 s 12","sortOrder":254},{"sectionNumber":"sec.164","sectionType":"section","heading":"Amounts owing to lessor or mortgagee to be deducted","content":"### sec.164 Amounts owing to lessor or mortgagee to be deducted\n\ns 164 ins 2011 No. 26 s 61\nom 2014 No. 45 s 12","sortOrder":255},{"sectionNumber":"sec.165","sectionType":"section","heading":"Payment of amount to mortgagee in discharge of mortgage","content":"### sec.165 Payment of amount to mortgagee in discharge of mortgage\n\ns 165 ins 2011 No. 26 s 61\nom 2014 No. 45 s 12","sortOrder":256},{"sectionNumber":"pt.10-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":257},{"sectionNumber":"sec.166","sectionType":"section","heading":"Effect of option to renew or extend on calculation of term of leases","content":"### sec.166 Effect of option to renew or extend on calculation of term of leases\n\ns 166 ins 2011 No. 26 s 61\nom 2014 No. 45 s 12","sortOrder":258},{"sectionNumber":"sec.167","sectionType":"section","heading":"Exemption from fees and charges","content":"### sec.167 Exemption from fees and charges\n\ns 167 ins 2011 No. 26 s 61\nom 2014 No. 45 s 12","sortOrder":259},{"sectionNumber":"sec.168","sectionType":"section","heading":"Leases for private residential purposes—beneficiary","content":"### sec.168 Leases for private residential purposes—beneficiary\n\ns 168 ins 2011 No. 26 s 61\namd 2013 No. 23 s 352 sch 1 pt 1\nom 2014 No. 45 s 12","sortOrder":260},{"sectionNumber":"pt.11","sectionType":"part","heading":"Indigenous management agreements and land in Cape York Peninsula Region, North Stradbroke Island Region and on Moreton Island","content":"# Indigenous management agreements and land in Cape York Peninsula Region, North Stradbroke Island Region and on Moreton Island","sortOrder":261},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Indigenous management agreements","content":"## Indigenous management agreements","sortOrder":262},{"sectionNumber":"sec.169","sectionType":"section","heading":"Entering into indigenous management agreement","content":"### sec.169 Entering into indigenous management agreement\n\nThis section applies if—\nit is proposed that an entity holds the following land as Aboriginal land—\nland in the Cape York Peninsula Region;\nland in the North Stradbroke Island Region;\nland on Moreton Island; and\nthe State and the entity agree that the land, or part of the land, is to become—\nfor land in the Cape York Peninsula Region—a national park (Cape York Peninsula Aboriginal land); or\nfor land in the North Stradbroke Island Region or on Moreton Island—an indigenous joint management area.\nBefore the land is granted, the entity must enter into an indigenous management agreement with the State about the proposed management of the land, or the part of the land, that is to become a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area.\ns 169 (prev s 83FA (orig s 83E)) ins 2007 No. 48 s 38\namd 2008 No. 29 s 39\nrenum and reloc 2008 No. 29 s 39 (3)\nrenum 2008 No. 29 s 3 sch\namd 2011 No. 11 s 26 ; 2011 No. 26 s 62 ; 2021 No. 11 s 6\n(sec.169-ssec.1) This section applies if— it is proposed that an entity holds the following land as Aboriginal land— land in the Cape York Peninsula Region; land in the North Stradbroke Island Region; land on Moreton Island; and the State and the entity agree that the land, or part of the land, is to become— for land in the Cape York Peninsula Region—a national park (Cape York Peninsula Aboriginal land); or for land in the North Stradbroke Island Region or on Moreton Island—an indigenous joint management area.\n(sec.169-ssec.2) Before the land is granted, the entity must enter into an indigenous management agreement with the State about the proposed management of the land, or the part of the land, that is to become a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area.\n- (a) it is proposed that an entity holds the following land as Aboriginal land— (i) land in the Cape York Peninsula Region; (ii) land in the North Stradbroke Island Region; (iii) land on Moreton Island; and\n- (i) land in the Cape York Peninsula Region;\n- (ii) land in the North Stradbroke Island Region;\n- (iii) land on Moreton Island; and\n- (b) the State and the entity agree that the land, or part of the land, is to become— (i) for land in the Cape York Peninsula Region—a national park (Cape York Peninsula Aboriginal land); or (ii) for land in the North Stradbroke Island Region or on Moreton Island—an indigenous joint management area.\n- (i) for land in the Cape York Peninsula Region—a national park (Cape York Peninsula Aboriginal land); or\n- (ii) for land in the North Stradbroke Island Region or on Moreton Island—an indigenous joint management area.\n- (i) land in the Cape York Peninsula Region;\n- (ii) land in the North Stradbroke Island Region;\n- (iii) land on Moreton Island; and\n- (i) for land in the Cape York Peninsula Region—a national park (Cape York Peninsula Aboriginal land); or\n- (ii) for land in the North Stradbroke Island Region or on Moreton Island—an indigenous joint management area.","sortOrder":263},{"sectionNumber":"sec.170","sectionType":"section","heading":"Requirements for indigenous management agreement","content":"### sec.170 Requirements for indigenous management agreement\n\nAn indigenous management agreement about the management of land must—\ninclude a lot on plan description of the land; and\nstate the land will be managed in perpetuity as—\nfor land in the Cape York Peninsula Region—a national park (Cape York Peninsula Aboriginal land); or\nfor land in the North Stradbroke Island Region or on Moreton Island—an indigenous joint management area; and\nstate how the land is proposed to be managed; and\ninclude details of any interim arrangements for its management before the approval of a management statement or management plan for the land; and\nstate the responsibilities of the environment Minister, and the chief executive under the Nature Conservation Act 1992 , in relation to the management of the land; and\nstate the responsibilities of the trustee in relation to its management; and\ninclude details of the process for developing a management statement or management plan for the land; and\ninclude details of areas of the land to which general public access may be restricted; and\ninclude information about the management of any infrastructure on the land; and\nstate how existing interests in the land will be managed and how future interests in the land will be created and managed.\nAn indigenous management agreement about the management of land that is a national park that is to become a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area must not result in a decrease, in the aggregate, in the public rights of access that existed in relation to the national park immediately before it becomes a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area.\nAn indigenous management agreement about the management of land may include other matters relevant to the management of the land that the trustee, or proposed trustee, for the land and the environment Minister consider appropriate.\nAn indigenous management agreement about the management of land can not be entered into without the consent of the environment Minister.\nIn this section—\nmanagement plan means a management plan under the Nature Conservation Act 1992 .\nmanagement statement means a management statement under the Nature Conservation Act 1992 .\ns 170 ins 2007 No. 48 s 38\namd 2008 No. 29 s 40 ; 2011 No. 11 s 27 ; 2011 No. 26 s 63 ; 2013 No. 55 s 4 ; 2021 No. 11 s 7\n(sec.170-ssec.1) An indigenous management agreement about the management of land must— include a lot on plan description of the land; and state the land will be managed in perpetuity as— for land in the Cape York Peninsula Region—a national park (Cape York Peninsula Aboriginal land); or for land in the North Stradbroke Island Region or on Moreton Island—an indigenous joint management area; and state how the land is proposed to be managed; and include details of any interim arrangements for its management before the approval of a management statement or management plan for the land; and state the responsibilities of the environment Minister, and the chief executive under the Nature Conservation Act 1992 , in relation to the management of the land; and state the responsibilities of the trustee in relation to its management; and include details of the process for developing a management statement or management plan for the land; and include details of areas of the land to which general public access may be restricted; and include information about the management of any infrastructure on the land; and state how existing interests in the land will be managed and how future interests in the land will be created and managed.\n(sec.170-ssec.2) An indigenous management agreement about the management of land that is a national park that is to become a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area must not result in a decrease, in the aggregate, in the public rights of access that existed in relation to the national park immediately before it becomes a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area.\n(sec.170-ssec.3) An indigenous management agreement about the management of land may include other matters relevant to the management of the land that the trustee, or proposed trustee, for the land and the environment Minister consider appropriate.\n(sec.170-ssec.4) An indigenous management agreement about the management of land can not be entered into without the consent of the environment Minister.\n(sec.170-ssec.5) In this section— management plan means a management plan under the Nature Conservation Act 1992 . management statement means a management statement under the Nature Conservation Act 1992 .\n- (a) include a lot on plan description of the land; and\n- (b) state the land will be managed in perpetuity as— (i) for land in the Cape York Peninsula Region—a national park (Cape York Peninsula Aboriginal land); or (ii) for land in the North Stradbroke Island Region or on Moreton Island—an indigenous joint management area; and\n- (i) for land in the Cape York Peninsula Region—a national park (Cape York Peninsula Aboriginal land); or\n- (ii) for land in the North Stradbroke Island Region or on Moreton Island—an indigenous joint management area; and\n- (c) state how the land is proposed to be managed; and\n- (d) include details of any interim arrangements for its management before the approval of a management statement or management plan for the land; and\n- (e) state the responsibilities of the environment Minister, and the chief executive under the Nature Conservation Act 1992 , in relation to the management of the land; and\n- (f) state the responsibilities of the trustee in relation to its management; and\n- (g) include details of the process for developing a management statement or management plan for the land; and\n- (h) include details of areas of the land to which general public access may be restricted; and\n- (i) include information about the management of any infrastructure on the land; and\n- (j) state how existing interests in the land will be managed and how future interests in the land will be created and managed.\n- (i) for land in the Cape York Peninsula Region—a national park (Cape York Peninsula Aboriginal land); or\n- (ii) for land in the North Stradbroke Island Region or on Moreton Island—an indigenous joint management area; and","sortOrder":264},{"sectionNumber":"sec.171","sectionType":"section","heading":"Amending indigenous management agreement","content":"### sec.171 Amending indigenous management agreement\n\nAn indigenous management agreement about the management of land may be amended with the agreement of the trustee, or proposed trustee, for the land and the environment Minister.\ns 171 ins 2007 No. 48 s 38\namd 2008 No. 29 s 41","sortOrder":265},{"sectionNumber":"sec.172","sectionType":"section","heading":"Recording of indigenous management agreement","content":"### sec.172 Recording of indigenous management agreement\n\nThe chief executive must give the registrar notice of each indigenous management agreement entered into under this Act.\nThe chief executive must give the notice—\nif the land the subject of the agreement becomes Aboriginal land after the agreement is entered into—as soon as practicable after the land becomes Aboriginal land; or\nif the land the subject of the agreement is Aboriginal land when the agreement is entered into—as soon as practicable after the agreement is entered into.\nThe notice must include particulars of the land.\nThe registrar must keep records that show the land is the subject of an indigenous management agreement.\nThe registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land will show the existence of the agreement.\nWhile the indigenous management agreement has effect for the land, and is recorded by the registrar under this section, the agreement is binding on—\neach entity that is from time to time the trustee for the land, whether or not the entity entered into the agreement or agreed to any amendment of the agreement; and\neach person who has an interest in the land.\ns 172 ins 2007 No. 48 s 38\namd 2008 No. 29 s 42 ; 2011 No. 26 s 64 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2021 No. 12 s 148 sch 3\n(sec.172-ssec.1) The chief executive must give the registrar notice of each indigenous management agreement entered into under this Act.\n(sec.172-ssec.2) The chief executive must give the notice— if the land the subject of the agreement becomes Aboriginal land after the agreement is entered into—as soon as practicable after the land becomes Aboriginal land; or if the land the subject of the agreement is Aboriginal land when the agreement is entered into—as soon as practicable after the agreement is entered into.\n(sec.172-ssec.3) The notice must include particulars of the land.\n(sec.172-ssec.4) The registrar must keep records that show the land is the subject of an indigenous management agreement.\n(sec.172-ssec.5) The registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land will show the existence of the agreement.\n(sec.172-ssec.6) While the indigenous management agreement has effect for the land, and is recorded by the registrar under this section, the agreement is binding on— each entity that is from time to time the trustee for the land, whether or not the entity entered into the agreement or agreed to any amendment of the agreement; and each person who has an interest in the land.\n- (a) if the land the subject of the agreement becomes Aboriginal land after the agreement is entered into—as soon as practicable after the land becomes Aboriginal land; or\n- (b) if the land the subject of the agreement is Aboriginal land when the agreement is entered into—as soon as practicable after the agreement is entered into.\n- (a) each entity that is from time to time the trustee for the land, whether or not the entity entered into the agreement or agreed to any amendment of the agreement; and\n- (b) each person who has an interest in the land.","sortOrder":266},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Protected areas in Cape York Peninsula Region","content":"## Protected areas in Cape York Peninsula Region","sortOrder":267},{"sectionNumber":"sec.173","sectionType":"section","heading":"Requirements about grant of prescribed protected areas in Cape York Peninsula Region","content":"### sec.173 Requirements about grant of prescribed protected areas in Cape York Peninsula Region\n\nThis section applies to the following land if the land is, or includes part of, a prescribed protected area in the Cape York Peninsula Region (the park land )—\ntransferable land;\nland for which the Land Tribunal has, under section 71 , made a recommendation to the Minister before the commencement of this section.\nBefore the park land is granted under this Act, the trustee or proposed trustee for the land must enter into an indigenous management agreement with the State about the management of the park land.\nA grant of the park land under this Act is subject to the condition that the park land must become a national park (Cape York Peninsula Aboriginal land).\nIn this section—\nprescribed protected area means—\na national park; or\na resources reserve under the Nature Conservation Act 1992 prescribed by regulation.\ns 173 ins 2007 No. 48 s 38\namd 2008 No. 29 s 43 ; 2011 No. 26 s 189 sch ; 2016 No. 22 s 34 ; 2016 No. 22 s 48 sch 1\n(sec.173-ssec.1) This section applies to the following land if the land is, or includes part of, a prescribed protected area in the Cape York Peninsula Region (the park land )— transferable land; land for which the Land Tribunal has, under section 71 , made a recommendation to the Minister before the commencement of this section.\n(sec.173-ssec.2) Before the park land is granted under this Act, the trustee or proposed trustee for the land must enter into an indigenous management agreement with the State about the management of the park land.\n(sec.173-ssec.3) A grant of the park land under this Act is subject to the condition that the park land must become a national park (Cape York Peninsula Aboriginal land).\n(sec.173-ssec.4) In this section— prescribed protected area means— a national park; or a resources reserve under the Nature Conservation Act 1992 prescribed by regulation.\n- (a) transferable land;\n- (b) land for which the Land Tribunal has, under section 71 , made a recommendation to the Minister before the commencement of this section.\n- (a) a national park; or\n- (b) a resources reserve under the Nature Conservation Act 1992 prescribed by regulation.","sortOrder":268},{"sectionNumber":"sec.174","sectionType":"section","heading":"Prescribed protected areas are transferable land","content":"### sec.174 Prescribed protected areas are transferable land\n\nA prescribed protected area in the Cape York Peninsula Region is transferable land for the purposes of this Act.\nIn this section—\nprescribed protected area see section 173 (4) .\ns 174 ins 2007 No. 48 s 38\nsub 2016 No. 22 s 35\n(sec.174-ssec.1) A prescribed protected area in the Cape York Peninsula Region is transferable land for the purposes of this Act.\n(sec.174-ssec.2) In this section— prescribed protected area see section 173 (4) .","sortOrder":269},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Protected areas in North Stradbroke Island Region","content":"## Protected areas in North Stradbroke Island Region","sortOrder":270},{"sectionNumber":"sec.175","sectionType":"section","heading":"Requirement about grant of prescribed protected areas in North Stradbroke Island Region","content":"### sec.175 Requirement about grant of prescribed protected areas in North Stradbroke Island Region\n\nThis section applies to transferable land if the land is, or includes part of, a prescribed protected area in the North Stradbroke Island Region.\nBefore the land is granted under this Act, the trustee, or proposed trustee, for the land must enter into an indigenous management agreement with the State about the management of the land.\nA grant of the land under this Act is subject to the condition that the land must become an indigenous joint management area.\nIn this section—\nprescribed protected area means a national park (scientific), national park, conservation park or resources reserve under the Nature Conservation Act 1992 .\ns 175 ins 2011 No. 11 s 28\namd 2013 No. 55 s 175 sch 1 pt 2 ; 2016 No. 22 s 48 sch 1\n(sec.175-ssec.1) This section applies to transferable land if the land is, or includes part of, a prescribed protected area in the North Stradbroke Island Region.\n(sec.175-ssec.2) Before the land is granted under this Act, the trustee, or proposed trustee, for the land must enter into an indigenous management agreement with the State about the management of the land.\n(sec.175-ssec.3) A grant of the land under this Act is subject to the condition that the land must become an indigenous joint management area.\n(sec.175-ssec.4) In this section— prescribed protected area means a national park (scientific), national park, conservation park or resources reserve under the Nature Conservation Act 1992 .","sortOrder":271},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"Protected areas on Moreton Island","content":"## Protected areas on Moreton Island","sortOrder":272},{"sectionNumber":"sec.175A","sectionType":"section","heading":"Prescribed protected areas on Moreton Island are transferable land","content":"### sec.175A Prescribed protected areas on Moreton Island are transferable land\n\nA prescribed protected area on Moreton Island is transferable land for the purposes of this Act.\nIn this section—\nexcluded protected area means land shown on lots 1 to 7 on DP283833.\nprescribed protected area means a national park or conservation park under the Nature Conservation Act 1992 , other than an area that is an excluded protected area.\ns 175A ins 2021 No. 11 s 8\n(sec.175A-ssec.1) A prescribed protected area on Moreton Island is transferable land for the purposes of this Act.\n(sec.175A-ssec.2) In this section— excluded protected area means land shown on lots 1 to 7 on DP283833. prescribed protected area means a national park or conservation park under the Nature Conservation Act 1992 , other than an area that is an excluded protected area.","sortOrder":273},{"sectionNumber":"sec.175B","sectionType":"section","heading":"Requirement about grant of prescribed protected areas on Moreton Island","content":"### sec.175B Requirement about grant of prescribed protected areas on Moreton Island\n\nThis section applies to transferable land mentioned in section 175A .\nBefore the land is granted under this Act, the proposed trustee for the land must enter into an indigenous management agreement with the State about the management of the land.\nThe grant of the land is subject to the condition that the land must become an indigenous joint management area.\ns 175B ins 2021 No. 11 s 8\n(sec.175B-ssec.1) This section applies to transferable land mentioned in section 175A .\n(sec.175B-ssec.2) Before the land is granted under this Act, the proposed trustee for the land must enter into an indigenous management agreement with the State about the management of the land.\n(sec.175B-ssec.3) The grant of the land is subject to the condition that the land must become an indigenous joint management area.","sortOrder":274},{"sectionNumber":"pt.12","sectionType":"part","heading":"Provisions about particular claimable land","content":"# Provisions about particular claimable land","sortOrder":275},{"sectionNumber":"sec.176","sectionType":"section","heading":"Particular claimable land taken to be transferable land","content":"### sec.176 Particular claimable land taken to be transferable land\n\nThis section applies to claimable land that is in the Cape York Peninsula Region, other than—\nclaimable land that is transferred land; or\nclaimable land for which the Land Tribunal has, under section 71 , made a recommendation to the Minister before the commencement of this section.\nOn the commencement of this section—\nthe land is transferable land for the purposes of this Act; and\nthe land stops being claimable land; and\nany proceeding before the Land Tribunal in relation to a claim for the land ends; and\npart 5 , and part 6 , division 1 , stop applying to the claim for the land.\nSubsection (2) applies despite any other provision of this Act.\ns 176 ins 2007 No. 48 s 38\n(sec.176-ssec.1) This section applies to claimable land that is in the Cape York Peninsula Region, other than— claimable land that is transferred land; or claimable land for which the Land Tribunal has, under section 71 , made a recommendation to the Minister before the commencement of this section.\n(sec.176-ssec.2) On the commencement of this section— the land is transferable land for the purposes of this Act; and the land stops being claimable land; and any proceeding before the Land Tribunal in relation to a claim for the land ends; and part 5 , and part 6 , division 1 , stop applying to the claim for the land.\n(sec.176-ssec.3) Subsection (2) applies despite any other provision of this Act.\n- (a) claimable land that is transferred land; or\n- (b) claimable land for which the Land Tribunal has, under section 71 , made a recommendation to the Minister before the commencement of this section.\n- (a) the land is transferable land for the purposes of this Act; and\n- (b) the land stops being claimable land; and\n- (c) any proceeding before the Land Tribunal in relation to a claim for the land ends; and\n- (d) part 5 , and part 6 , division 1 , stop applying to the claim for the land.","sortOrder":276},{"sectionNumber":"sec.177","sectionType":"section","heading":"Claimable land recommended for grant taken to be transferable land","content":"### sec.177 Claimable land recommended for grant taken to be transferable land\n\nThis section applies to the following land for which the Land Tribunal has, under section 71 , made a recommendation to the Minister—\nland shown as national park 4 on plan NPW42;\nland shown as national park 8 on plan NPW118;\nland shown as national park 10 on plan NPW452, including the area shown and described on the plan as closed road;\nland shown as national park 16 on plan NPW359;\nlot 44 on plan NPW472;\nland declared to be national park by proclamation published in the gazette on 2 December 1939 at pages 1845 and 1846 and described as the Flinders Group of islands, comprising Flinders Island—exclusive of Special Lease No. 8544—and Stanley, Blackwood, Maclear, and Denham Islands;\nlots 1 and 2 on CP887589, lots 1 and 2 on CP887590, lot 3 on CP887717, lot 4 on CP887719, lot 5 on CP887718 and lot 285 on plan C157365;\nlot 215 on plan NPW46.\nOn the commencement of this section—\nthe land is transferable land for the purposes of this Act; and\nthe land stops being claimable land; and\nany proceeding before the Land Tribunal in relation to a claim for the land ends; and\npart 5 , and part 6 , division 1 , stop applying to the claim for the land.\nSubsection (2) applies despite any other provision of this Act.\ns 177 ins 2011 No. 8 s 5\namd 2013 No. 23 s 9\n(sec.177-ssec.1) This section applies to the following land for which the Land Tribunal has, under section 71 , made a recommendation to the Minister— land shown as national park 4 on plan NPW42; land shown as national park 8 on plan NPW118; land shown as national park 10 on plan NPW452, including the area shown and described on the plan as closed road; land shown as national park 16 on plan NPW359; lot 44 on plan NPW472; land declared to be national park by proclamation published in the gazette on 2 December 1939 at pages 1845 and 1846 and described as the Flinders Group of islands, comprising Flinders Island—exclusive of Special Lease No. 8544—and Stanley, Blackwood, Maclear, and Denham Islands; lots 1 and 2 on CP887589, lots 1 and 2 on CP887590, lot 3 on CP887717, lot 4 on CP887719, lot 5 on CP887718 and lot 285 on plan C157365; lot 215 on plan NPW46.\n(sec.177-ssec.2) On the commencement of this section— the land is transferable land for the purposes of this Act; and the land stops being claimable land; and any proceeding before the Land Tribunal in relation to a claim for the land ends; and part 5 , and part 6 , division 1 , stop applying to the claim for the land.\n(sec.177-ssec.3) Subsection (2) applies despite any other provision of this Act.\n- (a) land shown as national park 4 on plan NPW42;\n- (b) land shown as national park 8 on plan NPW118;\n- (c) land shown as national park 10 on plan NPW452, including the area shown and described on the plan as closed road;\n- (d) land shown as national park 16 on plan NPW359;\n- (e) lot 44 on plan NPW472;\n- (f) land declared to be national park by proclamation published in the gazette on 2 December 1939 at pages 1845 and 1846 and described as the Flinders Group of islands, comprising Flinders Island—exclusive of Special Lease No. 8544—and Stanley, Blackwood, Maclear, and Denham Islands;\n- (g) lots 1 and 2 on CP887589, lots 1 and 2 on CP887590, lot 3 on CP887717, lot 4 on CP887719, lot 5 on CP887718 and lot 285 on plan C157365;\n- (h) lot 215 on plan NPW46.\n- (a) the land is transferable land for the purposes of this Act; and\n- (b) the land stops being claimable land; and\n- (c) any proceeding before the Land Tribunal in relation to a claim for the land ends; and\n- (d) part 5 , and part 6 , division 1 , stop applying to the claim for the land.","sortOrder":277},{"sectionNumber":"pt.13","sectionType":"part","heading":"Decision-making process","content":"# Decision-making process","sortOrder":278},{"sectionNumber":"sec.178","sectionType":"section","heading":"When agreement of Aboriginal people is given","content":"### sec.178 When agreement of Aboriginal people is given\n\nIf this Act provides that Aboriginal people be generally in agreement with a grant, consent or agreement about Aboriginal land, the agreement of the Aboriginal people is taken to have been given when—\nif there is a particular process of decision-making that, under the Aboriginal tradition of the Aboriginal people, must be complied with for decisions of that kind—the decision was made under the process; or\notherwise—the decision was made under the process of decision-making agreed to and adopted by the Aboriginal people for the decision or for decisions of that kind.\ns 178 ins 2008 No. 29 s 44\n- (a) if there is a particular process of decision-making that, under the Aboriginal tradition of the Aboriginal people, must be complied with for decisions of that kind—the decision was made under the process; or\n- (b) otherwise—the decision was made under the process of decision-making agreed to and adopted by the Aboriginal people for the decision or for decisions of that kind.","sortOrder":279},{"sectionNumber":"sec.179","sectionType":"section","heading":"Decision-making by trustee","content":"### sec.179 Decision-making by trustee\n\nThis section applies if this Act provides that the trustee of Aboriginal land is required to make a decision about the land, including, for example, a decision about any of the following—\nthe way in which the trustee will consult about the making of a freehold instrument for the land;\nwhether to grant an interest in the land;\nwhether to consent to the creation of a mining interest in the land;\nwhether to enter into an agreement about the land.\nThe trustee must—\nhave regard to—\nif the Aboriginal people for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or\nif subparagraph (i) does not apply—any Aboriginal tradition, for decisions of that kind, of the Aboriginal people for whom the trustee holds the land; or\nif there is no decision-making process mentioned in paragraph (a) (i) or relevant Aboriginal tradition—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind.\ns 179 ins 2008 No. 29 s 44\namd 2011 No. 26 s 65 ; 2014 No. 45 s 13\n(sec.179-ssec.1) This section applies if this Act provides that the trustee of Aboriginal land is required to make a decision about the land, including, for example, a decision about any of the following— the way in which the trustee will consult about the making of a freehold instrument for the land; whether to grant an interest in the land; whether to consent to the creation of a mining interest in the land; whether to enter into an agreement about the land.\n(sec.179-ssec.2) The trustee must— have regard to— if the Aboriginal people for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or if subparagraph (i) does not apply—any Aboriginal tradition, for decisions of that kind, of the Aboriginal people for whom the trustee holds the land; or if there is no decision-making process mentioned in paragraph (a) (i) or relevant Aboriginal tradition—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind.\n- (a) the way in which the trustee will consult about the making of a freehold instrument for the land;\n- (b) whether to grant an interest in the land;\n- (c) whether to consent to the creation of a mining interest in the land;\n- (d) whether to enter into an agreement about the land.\n- (a) have regard to— (i) if the Aboriginal people for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or (ii) if subparagraph (i) does not apply—any Aboriginal tradition, for decisions of that kind, of the Aboriginal people for whom the trustee holds the land; or\n- (i) if the Aboriginal people for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or\n- (ii) if subparagraph (i) does not apply—any Aboriginal tradition, for decisions of that kind, of the Aboriginal people for whom the trustee holds the land; or\n- (b) if there is no decision-making process mentioned in paragraph (a) (i) or relevant Aboriginal tradition—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind.\n- (i) if the Aboriginal people for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or\n- (ii) if subparagraph (i) does not apply—any Aboriginal tradition, for decisions of that kind, of the Aboriginal people for whom the trustee holds the land; or","sortOrder":280},{"sectionNumber":"pt.14","sectionType":"part","heading":"Provisions about mortgages of leases over Aboriginal land","content":"# Provisions about mortgages of leases over Aboriginal land","sortOrder":281},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":282},{"sectionNumber":"sec.180","sectionType":"section","heading":"Definitions for pt 14","content":"### sec.180 Definitions for pt 14\n\nlease means a part 10 lease, other than a townsite lease.\ns 180 def lease sub 2014 No. 45 s 14\nlessor means—\nfor a lease granted under a townsite lease—the lessee of the townsite lease; or\nfor another lease—the trustee of the lease land.\ns 180 def lessor sub 2014 No. 45 s 14\ns 180 ins 2011 No. 26 s 66\n- In this part—\n- (a) for a lease granted under a townsite lease—the lessee of the townsite lease; or\n- (b) for another lease—the trustee of the lease land.","sortOrder":283},{"sectionNumber":"sec.181","sectionType":"section","heading":"Application of pt 14","content":"### sec.181 Application of pt 14\n\nIf, in relation to the mortgaging of a lease over Aboriginal land, there is an inconsistency between a provision of this part and the Land Title Act , part 6 , division 3 , or the Property Law Act 2023 , the provision of this part prevails to the extent of the inconsistency.\ns 181 ins 2008 No. 29 s 44\nsub 2011 No. 26 s 66\namd 2023 No. 27 s 289 sch 3","sortOrder":284},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Mortgages of leases over Aboriginal land","content":"## Mortgages of leases over Aboriginal land","sortOrder":285},{"sectionNumber":"sec.182","sectionType":"section","heading":"Provision about entering into possession of, and selling, lease","content":"### sec.182 Provision about entering into possession of, and selling, lease\n\nThis section applies if a mortgagee enters into possession of a lease granted over Aboriginal land.\nThe mortgagee must give the lessor for the lease notice of the fact within 28 days after entering into possession.\nThe mortgagee must arrange to sell the lease within—\n4 years after entering into possession of the lease; or\nthe longer period agreed in writing between the mortgagee and lessor.\nFor subsection (3) (b) —\nthe period mentioned in subsection (3) (a) may be extended or further extended for not more than 2 years at a time; and\nan extension or further extension of the period must be agreed in writing before the period or further extended period would otherwise have ended.\nIn considering whether to agree to an extension or further extension, the lessor must have regard to the measures the mortgagee has already taken to sell the lease.\nIf the mortgagee does not sell the lease within the period mentioned in subsection (3) , the lessor may sell the lease.\nThe mortgagee or lessor may sell the lease only to a person who, under this Act, would be entitled to a grant of the lease.\nThe lessor must not sell the lease for less than—\nthe amount owing to the mortgagee by the lessee under the mortgage on the day the lease is sold; or\nif the lessor and the mortgagee agree the lease may be sold for an amount less than the amount mentioned in paragraph (a) —the agreed amount.\nIn this section—\nlessee means—\nfor a lease granted under a townsite lease—the lessee under the lease; or\nfor another lease—the lessee under the lease.\ns 182 ins 2008 No. 29 s 44\nsub 2011 No. 26 s 66\namd 2011 No. 26s 189 sch; 2013 No. 23 s 352 sch 1 pt 1 ; 2014 No. 45 s 15\n(sec.182-ssec.1) This section applies if a mortgagee enters into possession of a lease granted over Aboriginal land.\n(sec.182-ssec.2) The mortgagee must give the lessor for the lease notice of the fact within 28 days after entering into possession.\n(sec.182-ssec.3) The mortgagee must arrange to sell the lease within— 4 years after entering into possession of the lease; or the longer period agreed in writing between the mortgagee and lessor.\n(sec.182-ssec.4) For subsection (3) (b) — the period mentioned in subsection (3) (a) may be extended or further extended for not more than 2 years at a time; and an extension or further extension of the period must be agreed in writing before the period or further extended period would otherwise have ended.\n(sec.182-ssec.5) In considering whether to agree to an extension or further extension, the lessor must have regard to the measures the mortgagee has already taken to sell the lease.\n(sec.182-ssec.6) If the mortgagee does not sell the lease within the period mentioned in subsection (3) , the lessor may sell the lease.\n(sec.182-ssec.7) The mortgagee or lessor may sell the lease only to a person who, under this Act, would be entitled to a grant of the lease.\n(sec.182-ssec.8) The lessor must not sell the lease for less than— the amount owing to the mortgagee by the lessee under the mortgage on the day the lease is sold; or if the lessor and the mortgagee agree the lease may be sold for an amount less than the amount mentioned in paragraph (a) —the agreed amount.\n(sec.182-ssec.9) In this section— lessee means— for a lease granted under a townsite lease—the lessee under the lease; or for another lease—the lessee under the lease.\n- (a) 4 years after entering into possession of the lease; or\n- (b) the longer period agreed in writing between the mortgagee and lessor.\n- (a) the period mentioned in subsection (3) (a) may be extended or further extended for not more than 2 years at a time; and\n- (b) an extension or further extension of the period must be agreed in writing before the period or further extended period would otherwise have ended.\n- (a) the amount owing to the mortgagee by the lessee under the mortgage on the day the lease is sold; or\n- (b) if the lessor and the mortgagee agree the lease may be sold for an amount less than the amount mentioned in paragraph (a) —the agreed amount.\n- (a) for a lease granted under a townsite lease—the lessee under the lease; or\n- (b) for another lease—the lessee under the lease.","sortOrder":286},{"sectionNumber":"sec.183","sectionType":"section","heading":"How lessor deals with proceeds of sale","content":"### sec.183 How lessor deals with proceeds of sale\n\nThis section applies if, under section 182 , a lessor sells a mortgaged lease.\nThe lessor must apply the proceeds of the sale, under the Property Law Act 2023 , section 118 , as if the lease were sold by the mortgagee and the amount of the sale were received by the mortgagee.\nHowever, in applying the proceeds of the sale, the lessor must firstly apply the proceeds to the payment of all costs, charges and expenses properly incurred by the lessor for the sale or any attempted sale.\ns 183 ins 2008 No. 29 s 44\nsub 2011 No. 26 s 66\namd 2023 No. 27 s 289 sch 3\n(sec.183-ssec.1) This section applies if, under section 182 , a lessor sells a mortgaged lease.\n(sec.183-ssec.2) The lessor must apply the proceeds of the sale, under the Property Law Act 2023 , section 118 , as if the lease were sold by the mortgagee and the amount of the sale were received by the mortgagee.\n(sec.183-ssec.3) However, in applying the proceeds of the sale, the lessor must firstly apply the proceeds to the payment of all costs, charges and expenses properly incurred by the lessor for the sale or any attempted sale.","sortOrder":287},{"sectionNumber":"pt.15","sectionType":"part","heading":"Leasing of Aboriginal trust land","content":"# Leasing of Aboriginal trust land","sortOrder":288},{"sectionNumber":"pt.15-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":289},{"sectionNumber":"sec.184","sectionType":"section","heading":"Definitions for pt 15","content":"### sec.184 Definitions for pt 15\n\nIn this part—\nAboriginal trust land means—\nland subject to a deed of grant in trust granted for the benefit of Aboriginal inhabitants or for the purpose of an Aboriginal reserve under the repealed Land Act 1962 ; or\nland reserved and set apart under the repealed Land Act 1962 for an Aboriginal reserve or for the benefit of Aboriginal inhabitants; or\nland contained in a deed of grant in trust for a community purpose that is Aboriginal purposes under the Land Act ; or\nland contained in a reserve for a community purpose that is Aboriginal purposes, or a purpose that is the provision of services beneficial to Aboriginal people particularly concerned with the land, under the Land Act .\ns 184 def Aboriginal trust land amd 2011 No. 26 s 67 (1) ; 2024 No. 12 s 131 s ch 1 pt 1\ntrustee ...\ns 184 def trustee om 2014 No. 45 s 58 sch 1 pt 1\ntrustee (Aboriginal) lease means a lease of Aboriginal trust land granted under—\npart 10 as applied under section 186 (2) ; or\nthe Land Act , section 57 before the commencement of this part.\ns 184 def trustee (Aboriginal) lease amd 2011 No. 26 s 67 (2)\ns 184 ins 2008 No. 29 s 44\n- (a) land subject to a deed of grant in trust granted for the benefit of Aboriginal inhabitants or for the purpose of an Aboriginal reserve under the repealed Land Act 1962 ; or\n- (b) land reserved and set apart under the repealed Land Act 1962 for an Aboriginal reserve or for the benefit of Aboriginal inhabitants; or\n- (c) land contained in a deed of grant in trust for a community purpose that is Aboriginal purposes under the Land Act ; or\n- (d) land contained in a reserve for a community purpose that is Aboriginal purposes, or a purpose that is the provision of services beneficial to Aboriginal people particularly concerned with the land, under the Land Act .\n- (a) part 10 as applied under section 186 (2) ; or\n- (b) the Land Act , section 57 before the commencement of this part.","sortOrder":290},{"sectionNumber":"sec.185","sectionType":"section","heading":"Relationship with Land Act","content":"### sec.185 Relationship with Land Act\n\nThe following provisions of the Land Act , chapter 3 , part 1 , division 7 do not apply to Aboriginal trust land—\nsections 57 to 59 ;\nsection 61 , to the extent it relates to a lease or sublease of the land;\nsection 63 , to the extent it relates to a lease of the land;\nsection 64 ;\nsections 65 and 66 , to the extent the provisions relate to a lease of the land.\nFor the purposes of the Land Act , other than the provisions mentioned in subsection (1) , a trustee (Aboriginal) lease is taken to be a trustee lease under that Act.\ns 185 ins 2008 No. 29 s 44\n(sec.185-ssec.1) The following provisions of the Land Act , chapter 3 , part 1 , division 7 do not apply to Aboriginal trust land— sections 57 to 59 ; section 61 , to the extent it relates to a lease or sublease of the land; section 63 , to the extent it relates to a lease of the land; section 64 ; sections 65 and 66 , to the extent the provisions relate to a lease of the land.\n(sec.185-ssec.2) For the purposes of the Land Act , other than the provisions mentioned in subsection (1) , a trustee (Aboriginal) lease is taken to be a trustee lease under that Act.\n- (a) sections 57 to 59 ;\n- (b) section 61 , to the extent it relates to a lease or sublease of the land;\n- (c) section 63 , to the extent it relates to a lease of the land;\n- (d) section 64 ;\n- (e) sections 65 and 66 , to the extent the provisions relate to a lease of the land.","sortOrder":291},{"sectionNumber":"pt.15-div.2","sectionType":"division","heading":"Leases","content":"## Leases","sortOrder":292},{"sectionNumber":"sec.186","sectionType":"section","heading":"Trustee (Aboriginal) leases","content":"### sec.186 Trustee (Aboriginal) leases\n\nA trustee of Aboriginal trust land may lease all or a part of the land under part 10 .\nFor subsection (1) , part 10 applies in relation to the leasing of Aboriginal trust land—\nas if a reference in the part to Aboriginal land were a reference to Aboriginal trust land; and\nas if the reference in section 122 (1) (a) to a stated standard terms document under the Land Title Act were a reference to a stated mandatory standard terms document under the Land Act .\nThe grant of a lease over Aboriginal trust land in contravention of part 10 is void, unless the lease is registered.\nSubsection (3) applies despite any other Act.\ns 186 ins 2008 No. 29 s 44\namd 2011 No. 26 s 68 ; 2014 No. 45 s 16\n(sec.186-ssec.1) A trustee of Aboriginal trust land may lease all or a part of the land under part 10 .\n(sec.186-ssec.2) For subsection (1) , part 10 applies in relation to the leasing of Aboriginal trust land— as if a reference in the part to Aboriginal land were a reference to Aboriginal trust land; and as if the reference in section 122 (1) (a) to a stated standard terms document under the Land Title Act were a reference to a stated mandatory standard terms document under the Land Act .\n(sec.186-ssec.3) The grant of a lease over Aboriginal trust land in contravention of part 10 is void, unless the lease is registered.\n(sec.186-ssec.4) Subsection (3) applies despite any other Act.\n- (a) as if a reference in the part to Aboriginal land were a reference to Aboriginal trust land; and\n- (b) as if the reference in section 122 (1) (a) to a stated standard terms document under the Land Title Act were a reference to a stated mandatory standard terms document under the Land Act .","sortOrder":293},{"sectionNumber":"sec.187","sectionType":"section","heading":"Amending trustee (Aboriginal) lease","content":"### sec.187 Amending trustee (Aboriginal) lease\n\nA document of amendment of a registered trustee (Aboriginal) lease must not—\nincrease or decrease the area leased; or\nadd or remove a party to the lease; or\nbe lodged after the lease’s term has ended.\nIn this section—\nterm , of a trustee (Aboriginal) lease, includes a period of possession under the lease because of—\nthe renewal of the lease; or\na registered document of amendment extending the term of the lease.\ns 187 ins 2008 No. 29 s 44\namd 2011 No. 26 s 69\n(sec.187-ssec.1) A document of amendment of a registered trustee (Aboriginal) lease must not— increase or decrease the area leased; or add or remove a party to the lease; or be lodged after the lease’s term has ended.\n(sec.187-ssec.2) In this section— term , of a trustee (Aboriginal) lease, includes a period of possession under the lease because of— the renewal of the lease; or a registered document of amendment extending the term of the lease.\n- (a) increase or decrease the area leased; or\n- (b) add or remove a party to the lease; or\n- (c) be lodged after the lease’s term has ended.\n- (a) the renewal of the lease; or\n- (b) a registered document of amendment extending the term of the lease.","sortOrder":294},{"sectionNumber":"sec.188","sectionType":"section","heading":"Mortgage of trustee (Aboriginal) lease","content":"### sec.188 Mortgage of trustee (Aboriginal) lease\n\nSubject to subsection (2) , a lessee of Aboriginal trust land may, under the Land Act , chapter 6 , part 4 , division 4 , mortgage a trustee (Aboriginal) lease.\nFor mortgaging a trustee (Aboriginal) lease—\nthe Land Act , chapter 6 , part 4 , division 4 , applies—\nas if the reference in section 345 (2) to the Minister were a reference to the trustee; and\nas if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and\nas if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and\nas if section 347 were omitted; and\nsection 182 applies as if the reference in section 182 (1) to Aboriginal land were a reference to Aboriginal trust land.\ns 188 ins 2008 No. 29 s 44\n(sec.188-ssec.1) Subject to subsection (2) , a lessee of Aboriginal trust land may, under the Land Act , chapter 6 , part 4 , division 4 , mortgage a trustee (Aboriginal) lease.\n(sec.188-ssec.2) For mortgaging a trustee (Aboriginal) lease— the Land Act , chapter 6 , part 4 , division 4 , applies— as if the reference in section 345 (2) to the Minister were a reference to the trustee; and as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and as if section 347 were omitted; and section 182 applies as if the reference in section 182 (1) to Aboriginal land were a reference to Aboriginal trust land.\n- (a) the Land Act , chapter 6 , part 4 , division 4 , applies— (i) as if the reference in section 345 (2) to the Minister were a reference to the trustee; and (ii) as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and (iii) as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and (iv) as if section 347 were omitted; and\n- (i) as if the reference in section 345 (2) to the Minister were a reference to the trustee; and\n- (ii) as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and\n- (iii) as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and\n- (iv) as if section 347 were omitted; and\n- (b) section 182 applies as if the reference in section 182 (1) to Aboriginal land were a reference to Aboriginal trust land.\n- (i) as if the reference in section 345 (2) to the Minister were a reference to the trustee; and\n- (ii) as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and\n- (iii) as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and\n- (iv) as if section 347 were omitted; and","sortOrder":295},{"sectionNumber":"sec.189","sectionType":"section","heading":"Surrender of trustee (Aboriginal) lease","content":"### sec.189 Surrender of trustee (Aboriginal) lease\n\nAll or part of a trustee (Aboriginal) lease or a sublease of a trustee (Aboriginal) lease may be surrendered only if each registered mortgagee and registered sublessee of the interest being surrendered has given written agreement to the surrender.\ns 189 ins 2008 No. 29 s 44","sortOrder":296},{"sectionNumber":"pt.15-div.3","sectionType":"division","heading":null,"content":"","sortOrder":297},{"sectionNumber":"sec.190","sectionType":"section","heading":null,"content":"### Section sec.190\n\ns 190 ins 2008 No. 29 s 44\namd 2013 No. 23 s 352 sch 1 pt 1\nom 2014 No. 45 s 17","sortOrder":298},{"sectionNumber":"sec.191","sectionType":"section","heading":null,"content":"### Section sec.191\n\ns 191 ins 2008 No. 29 s 44\nom 2014 No. 45 s 17","sortOrder":299},{"sectionNumber":"pt.16","sectionType":"part","heading":"Special provisions about prescribed DOGIT land and prescribed reserve land","content":"# Special provisions about prescribed DOGIT land and prescribed reserve land","sortOrder":300},{"sectionNumber":"pt.16-div.1","sectionType":"division","heading":"Prescribed DOGIT land","content":"## Prescribed DOGIT land","sortOrder":301},{"sectionNumber":"sec.192","sectionType":"section","heading":"Application of div 1","content":"### sec.192 Application of div 1\n\nThis division applies to prescribed DOGIT land.\ns 192 ins 2011 No. 26 s 70","sortOrder":302},{"sectionNumber":"sec.193","sectionType":"section","heading":"Prescribed DOGIT land may be granted under this Act","content":"### sec.193 Prescribed DOGIT land may be granted under this Act\n\nDespite any other provision of this Act, prescribed DOGIT land may be—\ngranted under part 4 ; and\nheld by a trustee for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\nIf the land is held as mentioned in subsection (1) (b) , the land may, for any dealing with the land under this Act or another Act, be called Aboriginal and Torres Strait Islander land.\ns 193 ins 2011 No. 26 s 70\n(sec.193-ssec.1) Despite any other provision of this Act, prescribed DOGIT land may be— granted under part 4 ; and held by a trustee for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\n(sec.193-ssec.2) If the land is held as mentioned in subsection (1) (b) , the land may, for any dealing with the land under this Act or another Act, be called Aboriginal and Torres Strait Islander land.\n- (a) granted under part 4 ; and\n- (b) held by a trustee for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.","sortOrder":303},{"sectionNumber":"sec.194","sectionType":"section","heading":"Minister to consult before grant of land","content":"### sec.194 Minister to consult before grant of land\n\nBefore the land is granted under part 4 , the Minister must—\nconsult with Aboriginal people and Torres Strait Islanders particularly concerned with the land—\nto identify how the continued use of, and access to, the land by the Aboriginal people and Torres Strait Islanders can be achieved; and\nabout how the Aboriginal people and Torres Strait Islanders want the land to be held under this Act; and\nconsider the views of the Aboriginal people and Torres Strait Islanders mentioned in paragraph (a) .\ns 194 ins 2011 No. 26 s 70\n- (a) consult with Aboriginal people and Torres Strait Islanders particularly concerned with the land— (i) to identify how the continued use of, and access to, the land by the Aboriginal people and Torres Strait Islanders can be achieved; and (ii) about how the Aboriginal people and Torres Strait Islanders want the land to be held under this Act; and\n- (i) to identify how the continued use of, and access to, the land by the Aboriginal people and Torres Strait Islanders can be achieved; and\n- (ii) about how the Aboriginal people and Torres Strait Islanders want the land to be held under this Act; and\n- (b) consider the views of the Aboriginal people and Torres Strait Islanders mentioned in paragraph (a) .\n- (i) to identify how the continued use of, and access to, the land by the Aboriginal people and Torres Strait Islanders can be achieved; and\n- (ii) about how the Aboriginal people and Torres Strait Islanders want the land to be held under this Act; and","sortOrder":304},{"sectionNumber":"sec.195","sectionType":"section","heading":"Application of general provisions","content":"### sec.195 Application of general provisions\n\nThe following provisions apply in relation to the land as if a reference in the provisions to Aboriginal people includes a reference to Torres Strait Islanders—\nsection 202 (6) and (7) ;\nsection 282 (2) .\nHowever, subsection (1) (a) applies for prescribed DOGIT land that is transferred land only if the land is held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\ns 195 ins 2011 No. 26 s 70\n(sec.195-ssec.1) The following provisions apply in relation to the land as if a reference in the provisions to Aboriginal people includes a reference to Torres Strait Islanders— section 202 (6) and (7) ; section 282 (2) .\n(sec.195-ssec.2) However, subsection (1) (a) applies for prescribed DOGIT land that is transferred land only if the land is held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\n- (a) section 202 (6) and (7) ;\n- (b) section 282 (2) .","sortOrder":305},{"sectionNumber":"sec.196","sectionType":"section","heading":"Application of provisions for grant of land","content":"### sec.196 Application of provisions for grant of land\n\nThis section applies if the land is to be or is—\ngranted under part 4 ; and\nheld for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\nThe following provisions apply in relation to the land as if a reference in the provisions to Aboriginal people includes a reference to Torres Strait Islanders—\nsections 39 and 40 ;\nsection 42 ;\nsection 104 ;\nsection 109 ;\nsection 149 ;\nsections 178 and 179 ;\nsection 201 ;\nsection 203 ;\nsection 283 ;\nsection 288 .\nSchedule 1 , definition qualified , applies in relation to the land as follows—\nqualified , for a CATSI corporation that holds, or proposes to hold, Aboriginal land under this Act that is prescribed DOGIT land, means—\nmembership of the CATSI corporation is restricted to—\nAboriginal people particularly concerned with the land; or\nAboriginal people and Torres Strait Islanders particularly concerned with the land; or\nthe CATSI corporation is a trustee of a trust the beneficiaries of which are restricted to—\nAboriginal people particularly concerned with the land; or\nAboriginal people and Torres Strait Islanders particularly concerned with the land.\nThe following provisions apply in relation to the land as if a reference in the provisions to an Aboriginal person includes a reference to a Torres Strait Islander—\nsection 41 ;\nsections 120 (2) and 121 (2) .\nSections 178 and 179 apply in relation to the land as if a reference in the sections to Aboriginal tradition included a reference to Island custom.\ns 196 ins 2011 No. 26 s 70\namd 2014 No. 45 s 18\n(sec.196-ssec.1) This section applies if the land is to be or is— granted under part 4 ; and held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\n(sec.196-ssec.2) The following provisions apply in relation to the land as if a reference in the provisions to Aboriginal people includes a reference to Torres Strait Islanders— sections 39 and 40 ; section 42 ; section 104 ; section 109 ; section 149 ; sections 178 and 179 ; section 201 ; section 203 ; section 283 ; section 288 .\n(sec.196-ssec.3) Schedule 1 , definition qualified , applies in relation to the land as follows— qualified , for a CATSI corporation that holds, or proposes to hold, Aboriginal land under this Act that is prescribed DOGIT land, means— membership of the CATSI corporation is restricted to— Aboriginal people particularly concerned with the land; or Aboriginal people and Torres Strait Islanders particularly concerned with the land; or the CATSI corporation is a trustee of a trust the beneficiaries of which are restricted to— Aboriginal people particularly concerned with the land; or Aboriginal people and Torres Strait Islanders particularly concerned with the land.\n(sec.196-ssec.4) The following provisions apply in relation to the land as if a reference in the provisions to an Aboriginal person includes a reference to a Torres Strait Islander— section 41 ; sections 120 (2) and 121 (2) .\n(sec.196-ssec.5) Sections 178 and 179 apply in relation to the land as if a reference in the sections to Aboriginal tradition included a reference to Island custom.\n- (a) granted under part 4 ; and\n- (b) held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\n- (a) sections 39 and 40 ;\n- (b) section 42 ;\n- (c) section 104 ;\n- (d) section 109 ;\n- (e) section 149 ;\n- (f) sections 178 and 179 ;\n- (g) section 201 ;\n- (h) section 203 ;\n- (i) section 283 ;\n- (j) section 288 .\n- (a) membership of the CATSI corporation is restricted to— (i) Aboriginal people particularly concerned with the land; or (ii) Aboriginal people and Torres Strait Islanders particularly concerned with the land; or\n- (i) Aboriginal people particularly concerned with the land; or\n- (ii) Aboriginal people and Torres Strait Islanders particularly concerned with the land; or\n- (b) the CATSI corporation is a trustee of a trust the beneficiaries of which are restricted to— (i) Aboriginal people particularly concerned with the land; or (ii) Aboriginal people and Torres Strait Islanders particularly concerned with the land.\n- (i) Aboriginal people particularly concerned with the land; or\n- (ii) Aboriginal people and Torres Strait Islanders particularly concerned with the land.\n- (i) Aboriginal people particularly concerned with the land; or\n- (ii) Aboriginal people and Torres Strait Islanders particularly concerned with the land; or\n- (i) Aboriginal people particularly concerned with the land; or\n- (ii) Aboriginal people and Torres Strait Islanders particularly concerned with the land.\n- (a) section 41 ;\n- (b) sections 120 (2) and 121 (2) .","sortOrder":306},{"sectionNumber":"pt.16-div.2","sectionType":"division","heading":"Prescribed reserve land","content":"## Prescribed reserve land","sortOrder":307},{"sectionNumber":"sec.197","sectionType":"section","heading":"Meaning of prescribed reserve land","content":"### sec.197 Meaning of prescribed reserve land\n\nPrescribed reserve land means any of the following land that is situated on Thursday Island and prescribed under a regulation for this section—\nland reserved and set apart under the repealed Land Act 1962 for an Aboriginal reserve or for the benefit of Aboriginal inhabitants;\nland contained in a reserve for a community purpose that is Aboriginal purposes, or a purpose that is the provision of services beneficial to Aboriginal people particularly concerned with the land, under the Land Act .\ns 197 ins 2011 No. 26 s 70\namd 2024 No. 12 s 131 s ch 1 pt 1\n- (a) land reserved and set apart under the repealed Land Act 1962 for an Aboriginal reserve or for the benefit of Aboriginal inhabitants;\n- (b) land contained in a reserve for a community purpose that is Aboriginal purposes, or a purpose that is the provision of services beneficial to Aboriginal people particularly concerned with the land, under the Land Act .","sortOrder":308},{"sectionNumber":"sec.198","sectionType":"section","heading":"Application of particular provisions","content":"### sec.198 Application of particular provisions\n\nSections 120 and 121 apply in relation to prescribed reserve land as if a reference in the provisions to an Aboriginal person includes a reference to a Torres Strait Islander.\ns 198 ins 2011 No. 26 s 70\namd 2014 No. 45 s 19","sortOrder":309},{"sectionNumber":"pt.17","sectionType":"part","heading":"Occupation and use of Aboriginal land by the State or Commonwealth","content":"# Occupation and use of Aboriginal land by the State or Commonwealth","sortOrder":310},{"sectionNumber":"sec.199","sectionType":"section","heading":"Use of Aboriginal land preserved","content":"### sec.199 Use of Aboriginal land preserved\n\nIf, on the day land becomes Aboriginal land, the land or any part of the land is being occupied or used by the State or the Commonwealth, the State or Commonwealth is entitled to continue to occupy or use it for such period as the land, or that part of the land, is required by the State or Commonwealth.\nWhile the State or Commonwealth is entitled to the occupation or use of land under subsection (1) , the improvements on the land are the property of the State or Commonwealth.\nIf the chief executive becomes aware the occupation or use of land under subsection (1) is no longer required by the State or Commonwealth, the chief executive must give the trustee of the land notice of that fact.\nDespite subsection (1) , if the State or Commonwealth intends to continue to occupy or use the land, the State or Commonwealth and the trustee of the land are to use their best endeavours to provide for the continued occupation and use of the land under an interest in, or in relation to, the land given by the trustee of the land.\nSubsection (1) ceases to apply to land if—\nit is subject to a home ownership lease; or\nthe State or Commonwealth has a right to occupy or use the land under an interest in, or in relation to, the land given by the trustee of the land; or\nthe trustee of the land receives a notice under subsection (3) for the land.\nSubsection (7) applies if the Aboriginal land being occupied or used by the State or the Commonwealth is land that is the subject of a townsite lease.\nSubsections (3) to (5) apply as if a reference to the trustee of the land were a reference to the lessee for the townsite lease.\nFor subsection (1) but without otherwise limiting the subsection, land is being occupied or used by the State or Commonwealth if, immediately before becoming Aboriginal land, it was a reserve under the Land Act and the State or Commonwealth was the trustee of the reserve.\ns 199 amd 2008 No. 29 s 45 ; 2011 No. 26 s 71 ; 2013 No. 2 s 102 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2014 No. 45 s 20\n(sec.199-ssec.1) If, on the day land becomes Aboriginal land, the land or any part of the land is being occupied or used by the State or the Commonwealth, the State or Commonwealth is entitled to continue to occupy or use it for such period as the land, or that part of the land, is required by the State or Commonwealth.\n(sec.199-ssec.2) While the State or Commonwealth is entitled to the occupation or use of land under subsection (1) , the improvements on the land are the property of the State or Commonwealth.\n(sec.199-ssec.3) If the chief executive becomes aware the occupation or use of land under subsection (1) is no longer required by the State or Commonwealth, the chief executive must give the trustee of the land notice of that fact.\n(sec.199-ssec.4) Despite subsection (1) , if the State or Commonwealth intends to continue to occupy or use the land, the State or Commonwealth and the trustee of the land are to use their best endeavours to provide for the continued occupation and use of the land under an interest in, or in relation to, the land given by the trustee of the land.\n(sec.199-ssec.5) Subsection (1) ceases to apply to land if— it is subject to a home ownership lease; or the State or Commonwealth has a right to occupy or use the land under an interest in, or in relation to, the land given by the trustee of the land; or the trustee of the land receives a notice under subsection (3) for the land.\n(sec.199-ssec.6) Subsection (7) applies if the Aboriginal land being occupied or used by the State or the Commonwealth is land that is the subject of a townsite lease.\n(sec.199-ssec.7) Subsections (3) to (5) apply as if a reference to the trustee of the land were a reference to the lessee for the townsite lease.\n(sec.199-ssec.8) For subsection (1) but without otherwise limiting the subsection, land is being occupied or used by the State or Commonwealth if, immediately before becoming Aboriginal land, it was a reserve under the Land Act and the State or Commonwealth was the trustee of the reserve.\n- (a) it is subject to a home ownership lease; or\n- (b) the State or Commonwealth has a right to occupy or use the land under an interest in, or in relation to, the land given by the trustee of the land; or\n- (c) the trustee of the land receives a notice under subsection (3) for the land.","sortOrder":311},{"sectionNumber":"sec.200","sectionType":"section","heading":"No rent payable","content":"### sec.200 No rent payable\n\nThe State or Commonwealth is not liable to pay any amount in the nature of rent in relation to its occupation or use of land under section 199 (1) .\ns 200 amd 2008 No. 29 s 46 ; 2011 No. 26 s 72","sortOrder":312},{"sectionNumber":"sec.201","sectionType":"section","heading":"Access to land","content":"### sec.201 Access to land\n\nWhile the State or Commonwealth is entitled to the occupation or use of land under section 199 (1) , the officers, employees, agents and servants of the State or Commonwealth and their licensees and invitees are entitled, with or without vehicles, machinery, plant and equipment (of any description), to enter and cross Aboriginal land for the purpose of gaining access to the land.\nA person mentioned in subsection (1) must only cross Aboriginal land by—\nthe routes that were commonly used before the land became Aboriginal land; or\nother routes agreed on from time to time by the State or Commonwealth and the trustee of the land.\nThe trustee of Aboriginal land, other than a registered native title body corporate, must not agree on a route for subsection (2) (b) unless—\nthe trustee has explained to the Aboriginal people particularly concerned with the land the purpose and effect of the proposed route; and\nthe Aboriginal people are given adequate opportunity to express their views on, and are generally in agreement with, the proposed route.\nContravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (b) .\nIf the Aboriginal land being occupied or used by the State or the Commonwealth under section 199 (1) is land that is the subject of a townsite lease or other registered interest ( relevant land )—\nsubsection (2) applies to the relevant land as if the reference to the trustee of the land were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and\nsubsection (3) does not apply.\nSubsection (5) does not affect the operation of subsections (2) and (3) in relation to Aboriginal land that is not relevant land.\ns 201 amd 2008 No. 29 s 47 ; 2011 No. 26 s 73\n(sec.201-ssec.1) While the State or Commonwealth is entitled to the occupation or use of land under section 199 (1) , the officers, employees, agents and servants of the State or Commonwealth and their licensees and invitees are entitled, with or without vehicles, machinery, plant and equipment (of any description), to enter and cross Aboriginal land for the purpose of gaining access to the land.\n(sec.201-ssec.2) A person mentioned in subsection (1) must only cross Aboriginal land by— the routes that were commonly used before the land became Aboriginal land; or other routes agreed on from time to time by the State or Commonwealth and the trustee of the land.\n(sec.201-ssec.3) The trustee of Aboriginal land, other than a registered native title body corporate, must not agree on a route for subsection (2) (b) unless— the trustee has explained to the Aboriginal people particularly concerned with the land the purpose and effect of the proposed route; and the Aboriginal people are given adequate opportunity to express their views on, and are generally in agreement with, the proposed route.\n(sec.201-ssec.4) Contravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (b) .\n(sec.201-ssec.5) If the Aboriginal land being occupied or used by the State or the Commonwealth under section 199 (1) is land that is the subject of a townsite lease or other registered interest ( relevant land )— subsection (2) applies to the relevant land as if the reference to the trustee of the land were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and subsection (3) does not apply.\n(sec.201-ssec.6) Subsection (5) does not affect the operation of subsections (2) and (3) in relation to Aboriginal land that is not relevant land.\n- (a) the routes that were commonly used before the land became Aboriginal land; or\n- (b) other routes agreed on from time to time by the State or Commonwealth and the trustee of the land.\n- (a) the trustee has explained to the Aboriginal people particularly concerned with the land the purpose and effect of the proposed route; and\n- (b) the Aboriginal people are given adequate opportunity to express their views on, and are generally in agreement with, the proposed route.\n- (a) subsection (2) applies to the relevant land as if the reference to the trustee of the land were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and\n- (b) subsection (3) does not apply.","sortOrder":313},{"sectionNumber":"pt.18","sectionType":"part","heading":"Mining","content":"# Mining","sortOrder":314},{"sectionNumber":"sec.202","sectionType":"section","heading":"Application of Mineral Resources Act 1989","content":"### sec.202 Application of Mineral Resources Act 1989\n\nTo allay any doubt, it is declared that the Mineral Resources Act 1989 applies to transferable land as if it were a reserve within the meaning of that Act.\nSubject to subsection (5) , the Mineral Resources Act 1989 applies to the following land as if it were a reserve, and the trustee of the land were the owner of the land, within the meaning of that Act—\nAboriginal land that is or was transferred land;\nAboriginal land (other than land that was transferred land) that was claimable land, but was not subject to a mining interest at the beginning of the day on which the relevant claim for the land was made under this Act, other than—\nland that was acquired by or on behalf of Aboriginal people if all interests in the land (other than interests in favour of the State) were surrendered to or acquired by the State before the land became claimable land; or\nany national park.\nTo allay any doubt, it is declared that the Mineral Resources Act 1989 applies to Aboriginal land (other than land that was transferred land) that—\nwas claimable land; and\nwas acquired by or on behalf of Aboriginal people if all interests in the land (other than interests in favour of the State) were surrendered to or acquired by the State before the land became claimable land;\nas if that land were not Aboriginal land.\nIf Aboriginal land (other than land that was transferred land) was claimable land and was subject to a mining interest at the beginning of the day on which the relevant claim for the land was made under this Act, then—\nin relation to the mining interest and any associated interest—to allay any doubt, it is declared that the Mineral Resources Act 1989 applies to the land as if the land were not Aboriginal land; and\nin relation to any other mining interest—subject to subsection (5) , the Mineral Resources Act 1989 applies to the land as if it were a reserve, and the trustee of the land were the owner of the land, within the meaning of that Act.\nSubsections (2) and (4) (b) do not apply in relation to the Mineral Resources Act 1989 , sections 316 and 317 .\nThe holder of a mining lease must, before making application for a mining lease under the Mineral Resources Act 1989 , section 316 or a variation of a mining lease under section 317 of that Act, consult and endeavour to reach agreement with the Aboriginal people particularly concerned with the land in relation to which the application is to be made about the route of the proposed access over the land.\nSubsection (6) applies in relation to Aboriginal land held by a registered native title body corporate as if the reference in the subsection to Aboriginal people particularly concerned with the land were a reference to the registered native title body corporate that holds the land.\nIn this section—\nassociated interest , in relation to a mining interest, means—\nany renewal or other continuance in force of the interest; or\nany other mining interest derived through, or as a result of, the interest.\nrelevant claim , in relation to Aboriginal land, means the claim because of which the land became Aboriginal land.\ns 202 amd 2008 No. 29 s 48 ; 2011 No. 26 s 74 ; 2013 No. 2 s 112 (amdt could not be given effect); 2013 No. 23 s 352 sch 1 pt 1\n(sec.202-ssec.1) To allay any doubt, it is declared that the Mineral Resources Act 1989 applies to transferable land as if it were a reserve within the meaning of that Act.\n(sec.202-ssec.2) Subject to subsection (5) , the Mineral Resources Act 1989 applies to the following land as if it were a reserve, and the trustee of the land were the owner of the land, within the meaning of that Act— Aboriginal land that is or was transferred land; Aboriginal land (other than land that was transferred land) that was claimable land, but was not subject to a mining interest at the beginning of the day on which the relevant claim for the land was made under this Act, other than— land that was acquired by or on behalf of Aboriginal people if all interests in the land (other than interests in favour of the State) were surrendered to or acquired by the State before the land became claimable land; or any national park.\n(sec.202-ssec.3) To allay any doubt, it is declared that the Mineral Resources Act 1989 applies to Aboriginal land (other than land that was transferred land) that— was claimable land; and was acquired by or on behalf of Aboriginal people if all interests in the land (other than interests in favour of the State) were surrendered to or acquired by the State before the land became claimable land; as if that land were not Aboriginal land.\n(sec.202-ssec.4) If Aboriginal land (other than land that was transferred land) was claimable land and was subject to a mining interest at the beginning of the day on which the relevant claim for the land was made under this Act, then— in relation to the mining interest and any associated interest—to allay any doubt, it is declared that the Mineral Resources Act 1989 applies to the land as if the land were not Aboriginal land; and in relation to any other mining interest—subject to subsection (5) , the Mineral Resources Act 1989 applies to the land as if it were a reserve, and the trustee of the land were the owner of the land, within the meaning of that Act.\n(sec.202-ssec.5) Subsections (2) and (4) (b) do not apply in relation to the Mineral Resources Act 1989 , sections 316 and 317 .\n(sec.202-ssec.6) The holder of a mining lease must, before making application for a mining lease under the Mineral Resources Act 1989 , section 316 or a variation of a mining lease under section 317 of that Act, consult and endeavour to reach agreement with the Aboriginal people particularly concerned with the land in relation to which the application is to be made about the route of the proposed access over the land.\n(sec.202-ssec.7) Subsection (6) applies in relation to Aboriginal land held by a registered native title body corporate as if the reference in the subsection to Aboriginal people particularly concerned with the land were a reference to the registered native title body corporate that holds the land.\n(sec.202-ssec.8) In this section— associated interest , in relation to a mining interest, means— any renewal or other continuance in force of the interest; or any other mining interest derived through, or as a result of, the interest. relevant claim , in relation to Aboriginal land, means the claim because of which the land became Aboriginal land.\n- (a) Aboriginal land that is or was transferred land;\n- (b) Aboriginal land (other than land that was transferred land) that was claimable land, but was not subject to a mining interest at the beginning of the day on which the relevant claim for the land was made under this Act, other than— (i) land that was acquired by or on behalf of Aboriginal people if all interests in the land (other than interests in favour of the State) were surrendered to or acquired by the State before the land became claimable land; or (ii) any national park.\n- (i) land that was acquired by or on behalf of Aboriginal people if all interests in the land (other than interests in favour of the State) were surrendered to or acquired by the State before the land became claimable land; or\n- (ii) any national park.\n- (i) land that was acquired by or on behalf of Aboriginal people if all interests in the land (other than interests in favour of the State) were surrendered to or acquired by the State before the land became claimable land; or\n- (ii) any national park.\n- (a) was claimable land; and\n- (b) was acquired by or on behalf of Aboriginal people if all interests in the land (other than interests in favour of the State) were surrendered to or acquired by the State before the land became claimable land;\n- (a) in relation to the mining interest and any associated interest—to allay any doubt, it is declared that the Mineral Resources Act 1989 applies to the land as if the land were not Aboriginal land; and\n- (b) in relation to any other mining interest—subject to subsection (5) , the Mineral Resources Act 1989 applies to the land as if it were a reserve, and the trustee of the land were the owner of the land, within the meaning of that Act.\n- (a) any renewal or other continuance in force of the interest; or\n- (b) any other mining interest derived through, or as a result of, the interest.","sortOrder":315},{"sectionNumber":"sec.203","sectionType":"section","heading":"Royalties in relation to mining on Aboriginal land","content":"### sec.203 Royalties in relation to mining on Aboriginal land\n\nThis section applies if the State receives an amount (the royalty amount ), by way of royalty under the Mineral Resources Act 1989 , the Petroleum and Gas (Production and Safety) Act 2004 or the Geothermal Energy Act 2010 , in relation to land that is Aboriginal land.\nThe trustee of the land is entitled to receive, out of money appropriated by the Parliament, the percentage prescribed for the purposes of this subsection of the total royalty amount received in a financial year and must apply the amount received for the benefit of the Aboriginal people for whose benefit the trustee holds the land, particularly those that are affected by the activities to which the royalty amount relates.\ns 203 amd 2004 No. 25 s 941 ; 2008 No. 29 s 49 ; 2011 No. 26 s 75 ; 2010 No. 31 s 493 sch 2 pt 4\n(sec.203-ssec.1) This section applies if the State receives an amount (the royalty amount ), by way of royalty under the Mineral Resources Act 1989 , the Petroleum and Gas (Production and Safety) Act 2004 or the Geothermal Energy Act 2010 , in relation to land that is Aboriginal land.\n(sec.203-ssec.2) The trustee of the land is entitled to receive, out of money appropriated by the Parliament, the percentage prescribed for the purposes of this subsection of the total royalty amount received in a financial year and must apply the amount received for the benefit of the Aboriginal people for whose benefit the trustee holds the land, particularly those that are affected by the activities to which the royalty amount relates.","sortOrder":316},{"sectionNumber":"pt.19","sectionType":"part","heading":"The Land Tribunal","content":"# The Land Tribunal","sortOrder":317},{"sectionNumber":"pt.19-div.1","sectionType":"division","heading":"Establishment and membership","content":"## Establishment and membership","sortOrder":318},{"sectionNumber":"sec.204","sectionType":"section","heading":"Land Tribunal","content":"### sec.204 Land Tribunal\n\nA tribunal called the Land Tribunal is established for the purposes of this Act.\nThe Land Tribunal consists of the chairperson and such number of deputy chairpersons and other members as are appointed under this Act.\n(sec.204-ssec.1) A tribunal called the Land Tribunal is established for the purposes of this Act.\n(sec.204-ssec.2) The Land Tribunal consists of the chairperson and such number of deputy chairpersons and other members as are appointed under this Act.","sortOrder":319},{"sectionNumber":"sec.205","sectionType":"section","heading":"Appointment of members","content":"### sec.205 Appointment of members\n\nThe members of the tribunal are to be appointed by the Governor in Council.\nThe chairperson is to be appointed on a part-time or full-time basis, and the deputy chairpersons and other members are to be appointed on a part-time basis.\nA member of the tribunal is to be appointed under this Act, and not under the Public Sector Act 2022 .\nNothing in this Act prevents the chairperson also holding office as the chairperson or other member of the Land Tribunal established for the purposes of the Torres Strait Islander Land Act 1991 .\ns 205 amd 1991 No. 76 s 11 ; 1996 No. 37 s 147 sch 2 ; 2001 No. 33 s 3 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.205-ssec.1) The members of the tribunal are to be appointed by the Governor in Council.\n(sec.205-ssec.2) The chairperson is to be appointed on a part-time or full-time basis, and the deputy chairpersons and other members are to be appointed on a part-time basis.\n(sec.205-ssec.3) A member of the tribunal is to be appointed under this Act, and not under the Public Sector Act 2022 .\n(sec.205-ssec.4) Nothing in this Act prevents the chairperson also holding office as the chairperson or other member of the Land Tribunal established for the purposes of the Torres Strait Islander Land Act 1991 .","sortOrder":320},{"sectionNumber":"sec.206","sectionType":"section","heading":"Qualifications for appointment","content":"### sec.206 Qualifications for appointment\n\nA person is not eligible for appointment as chairperson or deputy chairperson of the Land Tribunal unless the person is a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of the State, another State or a Territory of not less than 5 years standing.\nA person is not eligible for appointment as a non-presiding member of the Land Tribunal unless the person—\nhas, in the opinion of the Governor in Council, suitable knowledge of Aboriginal people or Aboriginal tradition; or\nhas had experience, for not less than 5 years, at a high level in industry, commerce, public administration, industrial relations, the practice of a profession or the service of a government or an authority of a government.\n(sec.206-ssec.1) A person is not eligible for appointment as chairperson or deputy chairperson of the Land Tribunal unless the person is a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of the State, another State or a Territory of not less than 5 years standing.\n(sec.206-ssec.2) A person is not eligible for appointment as a non-presiding member of the Land Tribunal unless the person— has, in the opinion of the Governor in Council, suitable knowledge of Aboriginal people or Aboriginal tradition; or has had experience, for not less than 5 years, at a high level in industry, commerce, public administration, industrial relations, the practice of a profession or the service of a government or an authority of a government.\n- (a) has, in the opinion of the Governor in Council, suitable knowledge of Aboriginal people or Aboriginal tradition; or\n- (b) has had experience, for not less than 5 years, at a high level in industry, commerce, public administration, industrial relations, the practice of a profession or the service of a government or an authority of a government.","sortOrder":321},{"sectionNumber":"sec.207","sectionType":"section","heading":"Term of appointment","content":"### sec.207 Term of appointment\n\nA member of the Land Tribunal is appointed for such term (not exceeding 7 years) as is specified in the instrument of appointment, but is eligible for reappointment.","sortOrder":322},{"sectionNumber":"sec.208","sectionType":"section","heading":"Terms and conditions of appointment","content":"### sec.208 Terms and conditions of appointment\n\nA member of the Land Tribunal is to be paid such remuneration and allowances as are determined by the Governor in Council.\nA member of the Land Tribunal holds office on such terms and conditions not provided for by this Act as are determined by the Governor in Council.\n(sec.208-ssec.1) A member of the Land Tribunal is to be paid such remuneration and allowances as are determined by the Governor in Council.\n(sec.208-ssec.2) A member of the Land Tribunal holds office on such terms and conditions not provided for by this Act as are determined by the Governor in Council.","sortOrder":323},{"sectionNumber":"sec.209","sectionType":"section","heading":"Preservation of rights","content":"### sec.209 Preservation of rights\n\nThis section applies if an officer of the public service is appointed as the chairperson of the Land Tribunal.\nThe person retains and is entitled to all rights that have accrued to the person because of employment as an officer of the public service, or that would accrue in the future to the person because of that employment, as if service as chairperson were a continuation of service as an officer of the public service.\nIf the person has not attained 65 years of age at the time of the expiry of the person’s term of office or resignation—\nthe person is entitled to be appointed to an office in the public service at a salary level not less than the salary level, at that time, of an office equivalent to the one the person held before being appointed as chairperson; and\nthe person’s service as chairperson is to be regarded as service in the public service for the purpose of determining the person’s rights as an officer of the public service.\n(sec.209-ssec.1) This section applies if an officer of the public service is appointed as the chairperson of the Land Tribunal.\n(sec.209-ssec.2) The person retains and is entitled to all rights that have accrued to the person because of employment as an officer of the public service, or that would accrue in the future to the person because of that employment, as if service as chairperson were a continuation of service as an officer of the public service.\n(sec.209-ssec.3) If the person has not attained 65 years of age at the time of the expiry of the person’s term of office or resignation— the person is entitled to be appointed to an office in the public service at a salary level not less than the salary level, at that time, of an office equivalent to the one the person held before being appointed as chairperson; and the person’s service as chairperson is to be regarded as service in the public service for the purpose of determining the person’s rights as an officer of the public service.\n- (a) the person is entitled to be appointed to an office in the public service at a salary level not less than the salary level, at that time, of an office equivalent to the one the person held before being appointed as chairperson; and\n- (b) the person’s service as chairperson is to be regarded as service in the public service for the purpose of determining the person’s rights as an officer of the public service.","sortOrder":324},{"sectionNumber":"sec.210","sectionType":"section","heading":"Leave of absence","content":"### sec.210 Leave of absence\n\nThe Minister may grant leave of absence to the chairperson of the Land Tribunal on such terms and conditions as the Minister considers appropriate.","sortOrder":325},{"sectionNumber":"sec.211","sectionType":"section","heading":"Resignation","content":"### sec.211 Resignation\n\nA member of the Land Tribunal may resign by writing signed and delivered to the Governor.","sortOrder":326},{"sectionNumber":"sec.212","sectionType":"section","heading":"Disclosure of interests","content":"### sec.212 Disclosure of interests\n\nIf a member of the Land Tribunal is, or is to be, a member of the tribunal as constituted for the purposes of a proceeding and the member has or acquires an interest (whether pecuniary or otherwise) that could conflict with the proper performance of the member’s functions in relation to the proceeding—\nthe member must disclose the interest to the parties to the proceeding; and\nexcept with the consent of all parties to the proceeding—the member must not take part in the proceeding or exercise any powers in relation to the proceeding.\nWhere the chairperson of the Land Tribunal becomes aware that a member of the tribunal, who is, or is to be, a member of the tribunal as constituted for the purposes of a proceeding, has in relation to the proceeding an interest of the kind mentioned in subsection (1) —\nif the chairperson considers that the member should not take part, or continue to take part, in the proceeding—the chairperson must direct the member accordingly; or\nin any other case—the chairperson must cause the interest of the member to be disclosed to the parties to the proceeding if the interest has not already been disclosed to them.\n(sec.212-ssec.1) If a member of the Land Tribunal is, or is to be, a member of the tribunal as constituted for the purposes of a proceeding and the member has or acquires an interest (whether pecuniary or otherwise) that could conflict with the proper performance of the member’s functions in relation to the proceeding— the member must disclose the interest to the parties to the proceeding; and except with the consent of all parties to the proceeding—the member must not take part in the proceeding or exercise any powers in relation to the proceeding.\n(sec.212-ssec.2) Where the chairperson of the Land Tribunal becomes aware that a member of the tribunal, who is, or is to be, a member of the tribunal as constituted for the purposes of a proceeding, has in relation to the proceeding an interest of the kind mentioned in subsection (1) — if the chairperson considers that the member should not take part, or continue to take part, in the proceeding—the chairperson must direct the member accordingly; or in any other case—the chairperson must cause the interest of the member to be disclosed to the parties to the proceeding if the interest has not already been disclosed to them.\n- (a) the member must disclose the interest to the parties to the proceeding; and\n- (b) except with the consent of all parties to the proceeding—the member must not take part in the proceeding or exercise any powers in relation to the proceeding.\n- (a) if the chairperson considers that the member should not take part, or continue to take part, in the proceeding—the chairperson must direct the member accordingly; or\n- (b) in any other case—the chairperson must cause the interest of the member to be disclosed to the parties to the proceeding if the interest has not already been disclosed to them.","sortOrder":327},{"sectionNumber":"sec.213","sectionType":"section","heading":"Termination of appointment","content":"### sec.213 Termination of appointment\n\nThe Governor in Council may terminate the appointment of a member of the Land Tribunal if the member—\nbecomes mentally or physically incapable of satisfactorily performing the member’s duties; or\nis convicted of an indictable offence (whether in Queensland or elsewhere); or\nis guilty of misconduct of a kind that could warrant dismissal from the public service if the member were an officer of the public service; or\ncontravenes section 212 or a direction given under that section; or\nin the case of the chairperson—is absent, without the Minister’s leave and without reasonable excuse, for 14 consecutive days or 28 days in any 12 months.\nSubsection (1) (c) applies only to a non-presiding member.\ns 213 amd 1992 No. 36 s 2 sch 2 ; 1993 No. 85 s 162C (amd 1994 No. 61 s 2 sch 2 ); 2000 No. 16 s 590 sch 1 pt 2\n(sec.213-ssec.1) The Governor in Council may terminate the appointment of a member of the Land Tribunal if the member— becomes mentally or physically incapable of satisfactorily performing the member’s duties; or is convicted of an indictable offence (whether in Queensland or elsewhere); or is guilty of misconduct of a kind that could warrant dismissal from the public service if the member were an officer of the public service; or contravenes section 212 or a direction given under that section; or in the case of the chairperson—is absent, without the Minister’s leave and without reasonable excuse, for 14 consecutive days or 28 days in any 12 months.\n(sec.213-ssec.2) Subsection (1) (c) applies only to a non-presiding member.\n- (a) becomes mentally or physically incapable of satisfactorily performing the member’s duties; or\n- (b) is convicted of an indictable offence (whether in Queensland or elsewhere); or\n- (c) is guilty of misconduct of a kind that could warrant dismissal from the public service if the member were an officer of the public service; or\n- (d) contravenes section 212 or a direction given under that section; or\n- (e) in the case of the chairperson—is absent, without the Minister’s leave and without reasonable excuse, for 14 consecutive days or 28 days in any 12 months.","sortOrder":328},{"sectionNumber":"sec.214","sectionType":"section","heading":"Acting chairperson","content":"### sec.214 Acting chairperson\n\nThe Governor in Council may appoint a person to act as chairperson of the Land Tribunal—\nduring a vacancy in the office; or\nduring any period, or during all periods, when the chairperson is absent from duty or from the State or is, for any other reason, unable to perform the duties of the office.\n- (a) during a vacancy in the office; or\n- (b) during any period, or during all periods, when the chairperson is absent from duty or from the State or is, for any other reason, unable to perform the duties of the office.","sortOrder":329},{"sectionNumber":"pt.19-div.2","sectionType":"division","heading":"Organisation of tribunal","content":"## Organisation of tribunal","sortOrder":330},{"sectionNumber":"sec.215","sectionType":"section","heading":"Arrangement of business","content":"### sec.215 Arrangement of business\n\nSubject to section 216 , the chairperson of the Land Tribunal may give directions as to the arrangement of the business of the tribunal and as to the members who are to constitute the tribunal for the purposes of particular proceedings.\nIf the chairperson gives a direction as to the members who are to constitute the tribunal for the purposes of a particular proceeding, the chairperson may—\nat any time after giving the direction and before the start of the hearing of the proceeding; or\nif, in the case of a proceeding before the tribunal constituted by 3 members, 1 of those members ceases to be a member, or ceases to be available for the purposes of the proceeding, during the hearing of the proceeding or after the completion of the hearing but before the matter to which the proceeding relates is determined—at any time after the member ceases to be a member or to be available;\nrevoke the direction and give a further direction under subsection (1) as to the persons who are to constitute the tribunal for the purposes of the proceeding.\nIn giving a direction under this section as to the members who are to constitute the tribunal for the purposes of a particular proceeding, the chairperson must have regard to—\nthe degree of public importance or complexity of the matters to which the proceeding relates; and\nthe need for the tribunal’s affairs to be conducted expeditiously and efficiently; and\nthe nature of the issues likely to be involved in the proceeding.\ns 215 amd 1992 No. 36 s 3 sch 2\n(sec.215-ssec.1) Subject to section 216 , the chairperson of the Land Tribunal may give directions as to the arrangement of the business of the tribunal and as to the members who are to constitute the tribunal for the purposes of particular proceedings.\n(sec.215-ssec.2) If the chairperson gives a direction as to the members who are to constitute the tribunal for the purposes of a particular proceeding, the chairperson may— at any time after giving the direction and before the start of the hearing of the proceeding; or if, in the case of a proceeding before the tribunal constituted by 3 members, 1 of those members ceases to be a member, or ceases to be available for the purposes of the proceeding, during the hearing of the proceeding or after the completion of the hearing but before the matter to which the proceeding relates is determined—at any time after the member ceases to be a member or to be available; revoke the direction and give a further direction under subsection (1) as to the persons who are to constitute the tribunal for the purposes of the proceeding.\n(sec.215-ssec.3) In giving a direction under this section as to the members who are to constitute the tribunal for the purposes of a particular proceeding, the chairperson must have regard to— the degree of public importance or complexity of the matters to which the proceeding relates; and the need for the tribunal’s affairs to be conducted expeditiously and efficiently; and the nature of the issues likely to be involved in the proceeding.\n- (a) at any time after giving the direction and before the start of the hearing of the proceeding; or\n- (b) if, in the case of a proceeding before the tribunal constituted by 3 members, 1 of those members ceases to be a member, or ceases to be available for the purposes of the proceeding, during the hearing of the proceeding or after the completion of the hearing but before the matter to which the proceeding relates is determined—at any time after the member ceases to be a member or to be available;\n- (a) the degree of public importance or complexity of the matters to which the proceeding relates; and\n- (b) the need for the tribunal’s affairs to be conducted expeditiously and efficiently; and\n- (c) the nature of the issues likely to be involved in the proceeding.","sortOrder":331},{"sectionNumber":"sec.216","sectionType":"section","heading":"Constitution of tribunal","content":"### sec.216 Constitution of tribunal\n\nSubject to section 218 , the tribunal is to be constituted for the purposes of the hearing and determination of a proceeding by—\na presiding member; or\nsubject to subsection (2) , a presiding member and 2 non-presiding members.\nIf the tribunal is to be constituted as mentioned in subsection (1) (b) —\n1 of the non-presiding members must be a person who, in the opinion of the chairperson of the tribunal, has suitable knowledge of Aboriginal people or Aboriginal tradition; and\nthe other non-presiding member must have had experience, for not less than 5 years, at a high level in industry, commerce, public administration, industrial relations, the practice of a profession or the service of a government or an authority of a government.\nThe tribunal may be constituted for the exercise of powers in relation to the hearing of a proceeding, or for the purposes other than the hearing and determination of a proceeding, by a presiding member.\n(sec.216-ssec.1) Subject to section 218 , the tribunal is to be constituted for the purposes of the hearing and determination of a proceeding by— a presiding member; or subject to subsection (2) , a presiding member and 2 non-presiding members.\n(sec.216-ssec.2) If the tribunal is to be constituted as mentioned in subsection (1) (b) — 1 of the non-presiding members must be a person who, in the opinion of the chairperson of the tribunal, has suitable knowledge of Aboriginal people or Aboriginal tradition; and the other non-presiding member must have had experience, for not less than 5 years, at a high level in industry, commerce, public administration, industrial relations, the practice of a profession or the service of a government or an authority of a government.\n(sec.216-ssec.3) The tribunal may be constituted for the exercise of powers in relation to the hearing of a proceeding, or for the purposes other than the hearing and determination of a proceeding, by a presiding member.\n- (a) a presiding member; or\n- (b) subject to subsection (2) , a presiding member and 2 non-presiding members.\n- (a) 1 of the non-presiding members must be a person who, in the opinion of the chairperson of the tribunal, has suitable knowledge of Aboriginal people or Aboriginal tradition; and\n- (b) the other non-presiding member must have had experience, for not less than 5 years, at a high level in industry, commerce, public administration, industrial relations, the practice of a profession or the service of a government or an authority of a government.","sortOrder":332},{"sectionNumber":"sec.217","sectionType":"section","heading":"Member presiding","content":"### sec.217 Member presiding\n\nAt the hearing of a proceeding before the tribunal at which the tribunal is constituted for the purposes of the proceeding by more than 1 member, the presiding member is to preside unless another member is directed under section 218 to preside.","sortOrder":333},{"sectionNumber":"sec.218","sectionType":"section","heading":"Member of tribunal ceasing to be available","content":"### sec.218 Member of tribunal ceasing to be available\n\nIf the hearing of a proceeding has been commenced or completed by the Land Tribunal constituted by 3 members but, before the matter to which the proceeding relates has been determined, 1 of the members constituting the tribunal ceases to be a member, or ceases to be available for the purposes of the proceeding—\nif the parties agree and the chairperson does not give a direction under section 215 —the hearing and determination, or the determination, of the proceeding may be completed by the tribunal constituted by the remaining members or member; or\nin any other case—the proceeding is to be reheard by the tribunal as reconstituted under section 216 .\nIf the member who ceases to be a member, or ceases to be available for the purposes of the proceeding, is the member who is, but for this subsection, to preside, the chairperson may, in writing, appoint 1 of the remaining members, or the remaining member, to preside.\nIf a proceeding is reheard by the tribunal, the tribunal may, for the purposes of the proceeding, have regard to any record of the proceeding before the tribunal as previously constituted, including any evidence taken in the proceeding.\n(sec.218-ssec.1) If the hearing of a proceeding has been commenced or completed by the Land Tribunal constituted by 3 members but, before the matter to which the proceeding relates has been determined, 1 of the members constituting the tribunal ceases to be a member, or ceases to be available for the purposes of the proceeding— if the parties agree and the chairperson does not give a direction under section 215 —the hearing and determination, or the determination, of the proceeding may be completed by the tribunal constituted by the remaining members or member; or in any other case—the proceeding is to be reheard by the tribunal as reconstituted under section 216 .\n(sec.218-ssec.2) If the member who ceases to be a member, or ceases to be available for the purposes of the proceeding, is the member who is, but for this subsection, to preside, the chairperson may, in writing, appoint 1 of the remaining members, or the remaining member, to preside.\n(sec.218-ssec.3) If a proceeding is reheard by the tribunal, the tribunal may, for the purposes of the proceeding, have regard to any record of the proceeding before the tribunal as previously constituted, including any evidence taken in the proceeding.\n- (a) if the parties agree and the chairperson does not give a direction under section 215 —the hearing and determination, or the determination, of the proceeding may be completed by the tribunal constituted by the remaining members or member; or\n- (b) in any other case—the proceeding is to be reheard by the tribunal as reconstituted under section 216 .","sortOrder":334},{"sectionNumber":"sec.219","sectionType":"section","heading":"Sitting places","content":"### sec.219 Sitting places\n\nSittings of the Land Tribunal may be held from time to time as required at any place in the State.","sortOrder":335},{"sectionNumber":"pt.19-div.3","sectionType":"division","heading":"Conduct of proceedings before tribunal","content":"## Conduct of proceedings before tribunal","sortOrder":336},{"sectionNumber":"sec.220","sectionType":"section","heading":"Parties to proceeding before tribunal","content":"### sec.220 Parties to proceeding before tribunal\n\nSubject to section 229 , the parties to a proceeding for the hearing of a claim under this Act are—\nthe claimants; and\nthe claimants of any other claim under this Act that is to be heard and determined with that claim; and\nany other person who has been made a party to the proceeding by the tribunal on application by the person under subsection (2) .\nAn interested person may, within the period specified in the notice published under section 62 in relation to the claim or within such further period as the tribunal allows, apply, in writing, to the tribunal to be made a party to the proceeding and the tribunal may, by order, make the person a party to the proceeding.\n(sec.220-ssec.1) Subject to section 229 , the parties to a proceeding for the hearing of a claim under this Act are— the claimants; and the claimants of any other claim under this Act that is to be heard and determined with that claim; and any other person who has been made a party to the proceeding by the tribunal on application by the person under subsection (2) .\n(sec.220-ssec.2) An interested person may, within the period specified in the notice published under section 62 in relation to the claim or within such further period as the tribunal allows, apply, in writing, to the tribunal to be made a party to the proceeding and the tribunal may, by order, make the person a party to the proceeding.\n- (a) the claimants; and\n- (b) the claimants of any other claim under this Act that is to be heard and determined with that claim; and\n- (c) any other person who has been made a party to the proceeding by the tribunal on application by the person under subsection (2) .","sortOrder":337},{"sectionNumber":"sec.221","sectionType":"section","heading":"Tribunal to determine who are interested persons","content":"### sec.221 Tribunal to determine who are interested persons\n\nIf it is necessary for the purposes of this Act to decide whether a person is an interested person in relation to a claim under this Act, the matter is to be decided by the Land Tribunal.\nIf the tribunal decides that a person is not an interested person in relation to a claim under this Act, the tribunal must give the person written reasons for its decision.\n(sec.221-ssec.1) If it is necessary for the purposes of this Act to decide whether a person is an interested person in relation to a claim under this Act, the matter is to be decided by the Land Tribunal.\n(sec.221-ssec.2) If the tribunal decides that a person is not an interested person in relation to a claim under this Act, the tribunal must give the person written reasons for its decision.","sortOrder":338},{"sectionNumber":"sec.222","sectionType":"section","heading":"Representation before tribunal","content":"### sec.222 Representation before tribunal\n\nAt the hearing of a proceeding before the tribunal, a party to the proceeding may appear in person or be represented by an agent duly appointed in writing for the purpose but, unless the tribunal otherwise orders, can not be represented by counsel or a solicitor (enrolled in Queensland or elsewhere) engaged as counsel or solicitor for the proceeding.","sortOrder":339},{"sectionNumber":"sec.223","sectionType":"section","heading":"Procedure of tribunal","content":"### sec.223 Procedure of tribunal\n\nIn a proceeding before the Land Tribunal—\nthe procedure of the tribunal is, subject to this Act, within the discretion of the tribunal; and\nthe tribunal must pursue the objective of performing its functions in a fair, just, economical, informal and prompt way; and\nthe tribunal must take account of relevant cultural and customary concerns of Aboriginal people; and\nthe tribunal is not bound by technicalities, legal forms or rules of evidence but may inform itself on anything in any way that it considers appropriate.\nFor the purposes of subsection (1) , directions as to the procedure to be followed at or in connection with the hearing of a proceeding before the tribunal may be given—\nif the hearing of the proceeding has not started—by the chairperson or by a presiding member authorised by the chairperson to give directions for the purposes of this paragraph; and\nif the hearing of the proceeding has started—by the member presiding at the hearing or by another member authorised by the member presiding to give such directions.\nA direction may be varied or revoked by a member empowered to give the direction.\nAn authorisation by the chairperson may be of general application or may relate to the hearing of a particular proceeding or class of proceedings.\nThe chairperson may vary or revoke an authorisation.\ns 223 amd 1993 No. 85 s 162D (amd 1994 No. 61 s 2 sch 2 )\n(sec.223-ssec.1) In a proceeding before the Land Tribunal— the procedure of the tribunal is, subject to this Act, within the discretion of the tribunal; and the tribunal must pursue the objective of performing its functions in a fair, just, economical, informal and prompt way; and the tribunal must take account of relevant cultural and customary concerns of Aboriginal people; and the tribunal is not bound by technicalities, legal forms or rules of evidence but may inform itself on anything in any way that it considers appropriate.\n(sec.223-ssec.2) For the purposes of subsection (1) , directions as to the procedure to be followed at or in connection with the hearing of a proceeding before the tribunal may be given— if the hearing of the proceeding has not started—by the chairperson or by a presiding member authorised by the chairperson to give directions for the purposes of this paragraph; and if the hearing of the proceeding has started—by the member presiding at the hearing or by another member authorised by the member presiding to give such directions.\n(sec.223-ssec.3) A direction may be varied or revoked by a member empowered to give the direction.\n(sec.223-ssec.4) An authorisation by the chairperson may be of general application or may relate to the hearing of a particular proceeding or class of proceedings.\n(sec.223-ssec.5) The chairperson may vary or revoke an authorisation.\n- (a) the procedure of the tribunal is, subject to this Act, within the discretion of the tribunal; and\n- (b) the tribunal must pursue the objective of performing its functions in a fair, just, economical, informal and prompt way; and\n- (c) the tribunal must take account of relevant cultural and customary concerns of Aboriginal people; and\n- (d) the tribunal is not bound by technicalities, legal forms or rules of evidence but may inform itself on anything in any way that it considers appropriate.\n- (a) if the hearing of the proceeding has not started—by the chairperson or by a presiding member authorised by the chairperson to give directions for the purposes of this paragraph; and\n- (b) if the hearing of the proceeding has started—by the member presiding at the hearing or by another member authorised by the member presiding to give such directions.","sortOrder":340},{"sectionNumber":"sec.224","sectionType":"section","heading":"Conferences","content":"### sec.224 Conferences\n\nIf a claim is referred to the Land Tribunal, the chairperson may direct the holding of a conference of the parties presided over by a presiding member if the chairperson considers the holding of the conference may help to resolve the claim.\nA party to a proceeding to which the conference relates may be represented at the conference by a person who, under this Act, may represent the party at the hearing of the proceeding.\nIf a conference is held under subsection (1) and—\nat or after the conference, agreement is reached between the parties as to the terms of a decision of the tribunal in the proceeding that would be acceptable to the parties; and\nthe terms of the agreement are reduced to writing, signed by the parties and given to the tribunal; and\nthe tribunal is satisfied that—\na decision in those terms would be within the powers of the tribunal; and\nthat it would be appropriate to make a decision in those terms;\nthe tribunal may, without holding a hearing, make a recommendation to the Minister in accordance with or based on those terms.\nAt the hearing of a proceeding before the tribunal, unless the parties otherwise agree, evidence must not be given, and statements must not be made, about anything that happens at a conference held under subsection (1) in relation to the proceeding.\nIf—\na conference held under subsection (1) in relation to a proceeding is presided over by a member of the tribunal; and\na party to the proceeding who was present at the conference notifies the tribunal before, or at the start of, the hearing that the party objects to the member participating in the hearing;\nthe member is not entitled to be a member of the tribunal as constituted for the purposes of the proceeding.\nIn this section—\nMinister means the Minister administering the Land Act .\ns 224 amd 2003 No. 77 s 7 ; 2008 No. 29 s 3 sch ; 2011 No. 26 s 76\n(sec.224-ssec.1) If a claim is referred to the Land Tribunal, the chairperson may direct the holding of a conference of the parties presided over by a presiding member if the chairperson considers the holding of the conference may help to resolve the claim.\n(sec.224-ssec.2) A party to a proceeding to which the conference relates may be represented at the conference by a person who, under this Act, may represent the party at the hearing of the proceeding.\n(sec.224-ssec.3) If a conference is held under subsection (1) and— at or after the conference, agreement is reached between the parties as to the terms of a decision of the tribunal in the proceeding that would be acceptable to the parties; and the terms of the agreement are reduced to writing, signed by the parties and given to the tribunal; and the tribunal is satisfied that— a decision in those terms would be within the powers of the tribunal; and that it would be appropriate to make a decision in those terms; the tribunal may, without holding a hearing, make a recommendation to the Minister in accordance with or based on those terms.\n(sec.224-ssec.4) At the hearing of a proceeding before the tribunal, unless the parties otherwise agree, evidence must not be given, and statements must not be made, about anything that happens at a conference held under subsection (1) in relation to the proceeding.\n(sec.224-ssec.5) If— a conference held under subsection (1) in relation to a proceeding is presided over by a member of the tribunal; and a party to the proceeding who was present at the conference notifies the tribunal before, or at the start of, the hearing that the party objects to the member participating in the hearing; the member is not entitled to be a member of the tribunal as constituted for the purposes of the proceeding.\n(sec.224-ssec.6) In this section— Minister means the Minister administering the Land Act .\n- (a) at or after the conference, agreement is reached between the parties as to the terms of a decision of the tribunal in the proceeding that would be acceptable to the parties; and\n- (b) the terms of the agreement are reduced to writing, signed by the parties and given to the tribunal; and\n- (c) the tribunal is satisfied that— (i) a decision in those terms would be within the powers of the tribunal; and (ii) that it would be appropriate to make a decision in those terms;\n- (i) a decision in those terms would be within the powers of the tribunal; and\n- (ii) that it would be appropriate to make a decision in those terms;\n- (i) a decision in those terms would be within the powers of the tribunal; and\n- (ii) that it would be appropriate to make a decision in those terms;\n- (a) a conference held under subsection (1) in relation to a proceeding is presided over by a member of the tribunal; and\n- (b) a party to the proceeding who was present at the conference notifies the tribunal before, or at the start of, the hearing that the party objects to the member participating in the hearing;","sortOrder":341},{"sectionNumber":"sec.225","sectionType":"section","heading":"Hearings to be in public except in special circumstances","content":"### sec.225 Hearings to be in public except in special circumstances\n\nSubject to this section, the hearing of a proceeding before the Land Tribunal is to be in public.\nIf the tribunal is satisfied that it is desirable to do so because of the confidential nature of any evidence or matter or for any other reason, the tribunal may, by order—\ndirect that a hearing or part of a hearing is to take place in private and give directions as to the persons who may be present; or\ngive directions prohibiting or restricting the publication of evidence given before the tribunal, whether in public or in private, or of matters contained in documents lodged with the tribunal or received in evidence by the tribunal; or\ngive directions prohibiting or restricting the disclosure to some or all of the parties to a proceeding of evidence given before the tribunal, or of matters contained in documents lodged with the tribunal or received in evidence by the tribunal.\nIn considering—\nwhether the hearing of a proceeding should be held in private; or\nwhether publication, or disclosure to a party, of evidence, or of a matter contained in a document or received in evidence, should be prohibited or restricted;\nthe tribunal is to take as the basis of its consideration the principle that it is desirable that the hearing of a proceeding before the tribunal should be held in public and that evidence given before the tribunal and the contents of documents lodged with the tribunal or received in evidence by the tribunal should be made available to the public and to all the parties, but must pay due regard to any reasons given to the tribunal why the hearing should be held in private or why publication or disclosure of the evidence or matter should be prohibited or restricted, particularly if those reasons are based on any applicable Aboriginal tradition.\n(sec.225-ssec.1) Subject to this section, the hearing of a proceeding before the Land Tribunal is to be in public.\n(sec.225-ssec.2) If the tribunal is satisfied that it is desirable to do so because of the confidential nature of any evidence or matter or for any other reason, the tribunal may, by order— direct that a hearing or part of a hearing is to take place in private and give directions as to the persons who may be present; or give directions prohibiting or restricting the publication of evidence given before the tribunal, whether in public or in private, or of matters contained in documents lodged with the tribunal or received in evidence by the tribunal; or give directions prohibiting or restricting the disclosure to some or all of the parties to a proceeding of evidence given before the tribunal, or of matters contained in documents lodged with the tribunal or received in evidence by the tribunal.\n(sec.225-ssec.3) In considering— whether the hearing of a proceeding should be held in private; or whether publication, or disclosure to a party, of evidence, or of a matter contained in a document or received in evidence, should be prohibited or restricted; the tribunal is to take as the basis of its consideration the principle that it is desirable that the hearing of a proceeding before the tribunal should be held in public and that evidence given before the tribunal and the contents of documents lodged with the tribunal or received in evidence by the tribunal should be made available to the public and to all the parties, but must pay due regard to any reasons given to the tribunal why the hearing should be held in private or why publication or disclosure of the evidence or matter should be prohibited or restricted, particularly if those reasons are based on any applicable Aboriginal tradition.\n- (a) direct that a hearing or part of a hearing is to take place in private and give directions as to the persons who may be present; or\n- (b) give directions prohibiting or restricting the publication of evidence given before the tribunal, whether in public or in private, or of matters contained in documents lodged with the tribunal or received in evidence by the tribunal; or\n- (c) give directions prohibiting or restricting the disclosure to some or all of the parties to a proceeding of evidence given before the tribunal, or of matters contained in documents lodged with the tribunal or received in evidence by the tribunal.\n- (a) whether the hearing of a proceeding should be held in private; or\n- (b) whether publication, or disclosure to a party, of evidence, or of a matter contained in a document or received in evidence, should be prohibited or restricted;","sortOrder":342},{"sectionNumber":"sec.226","sectionType":"section","heading":"Opportunity to make submissions","content":"### sec.226 Opportunity to make submissions\n\nSubject to section 225 , the Land Tribunal must ensure that every party to a proceeding before the tribunal is given a reasonable opportunity to present the party’s case and, in particular, to inspect any documents to which the tribunal proposes to have regard in reaching a decision in the proceeding and to make submissions in relation to the documents.","sortOrder":343},{"sectionNumber":"sec.227","sectionType":"section","heading":"Particular powers of tribunal","content":"### sec.227 Particular powers of tribunal\n\nFor the purpose of a proceeding, the Land Tribunal may—\ntake evidence on oath or affirmation; or\nproceed in the absence of a party who has had reasonable notice of the proceeding; or\nadjourn the proceeding from time to time.\nFor the purposes of the hearing of a proceeding, the chairperson, a presiding member, or an officer of the tribunal authorised in writing by the chairperson or a presiding member, may summon a person to appear before the tribunal to give evidence and to produce such documents (if any) as are specified in the summons.\nThe member who presides at the hearing of a proceeding—\nmay require a person appearing before the tribunal to give evidence either to take an oath or to make an affirmation; and\nmay administer an oath or affirmation to a person so appearing before the tribunal.\nThe oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the answers the person will give to questions asked of the person will be true.\ns 227 amd 1993 No. 85 s 162E (amd 1994 No. 61 s 2 sch 2 )\n(sec.227-ssec.1) For the purpose of a proceeding, the Land Tribunal may— take evidence on oath or affirmation; or proceed in the absence of a party who has had reasonable notice of the proceeding; or adjourn the proceeding from time to time.\n(sec.227-ssec.2) For the purposes of the hearing of a proceeding, the chairperson, a presiding member, or an officer of the tribunal authorised in writing by the chairperson or a presiding member, may summon a person to appear before the tribunal to give evidence and to produce such documents (if any) as are specified in the summons.\n(sec.227-ssec.3) The member who presides at the hearing of a proceeding— may require a person appearing before the tribunal to give evidence either to take an oath or to make an affirmation; and may administer an oath or affirmation to a person so appearing before the tribunal.\n(sec.227-ssec.4) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the answers the person will give to questions asked of the person will be true.\n- (a) take evidence on oath or affirmation; or\n- (b) proceed in the absence of a party who has had reasonable notice of the proceeding; or\n- (c) adjourn the proceeding from time to time.\n- (a) may require a person appearing before the tribunal to give evidence either to take an oath or to make an affirmation; and\n- (b) may administer an oath or affirmation to a person so appearing before the tribunal.","sortOrder":344},{"sectionNumber":"sec.228","sectionType":"section","heading":"Manner in which questions to be decided","content":"### sec.228 Manner in which questions to be decided\n\nA question of law arising in a proceeding before the Land Tribunal at which a presiding member is presiding (including the question whether a particular question is one of law) is to be decided in accordance with the opinion of the member presiding.\nSubject to subsection (1) , when the members constituting the tribunal for the purposes of a particular proceeding are divided in opinion as to the decision to be made on any question—\nif there is a majority of the one opinion—the question is to be decided according to the opinion of the majority; or\nin any other case—the question is to be decided according to the opinion of the member presiding.\n(sec.228-ssec.1) A question of law arising in a proceeding before the Land Tribunal at which a presiding member is presiding (including the question whether a particular question is one of law) is to be decided in accordance with the opinion of the member presiding.\n(sec.228-ssec.2) Subject to subsection (1) , when the members constituting the tribunal for the purposes of a particular proceeding are divided in opinion as to the decision to be made on any question— if there is a majority of the one opinion—the question is to be decided according to the opinion of the majority; or in any other case—the question is to be decided according to the opinion of the member presiding.\n- (a) if there is a majority of the one opinion—the question is to be decided according to the opinion of the majority; or\n- (b) in any other case—the question is to be decided according to the opinion of the member presiding.","sortOrder":345},{"sectionNumber":"sec.229","sectionType":"section","heading":"Power of tribunal to dismiss claim or strike out party","content":"### sec.229 Power of tribunal to dismiss claim or strike out party\n\nIf a party to a proceeding before the Land Tribunal fails either to appear at a preliminary conference or at the hearing of the proceeding, the tribunal may—\nif the party has made a claim under this Act to which the proceeding relates—dismiss the claim concerned; or\nin any other case—direct that the person who failed to appear is to cease to be a party to the proceeding.\n- (a) if the party has made a claim under this Act to which the proceeding relates—dismiss the claim concerned; or\n- (b) in any other case—direct that the person who failed to appear is to cease to be a party to the proceeding.","sortOrder":346},{"sectionNumber":"sec.230","sectionType":"section","heading":"Tribunal may order that particular claimable land is transferable land","content":"### sec.230 Tribunal may order that particular claimable land is transferable land\n\nThis section applies if, before the Land Tribunal makes a decision about whether or not a claim under this Act for claimable land, other than transferred land, is established—\neach party to the proceeding that made a claim agrees in writing that the claimable land become transferable land; and\nthe tribunal is given notice of the agreement.\nIf the Land Tribunal is satisfied it is appropriate in the circumstances that the land become transferable land, the tribunal may make an order that it is transferable land.\nBefore the Land Tribunal makes an order under subsection (2) , the tribunal must have regard to the interests of any other party to the proceeding and how the interests are likely to be affected by the order.\nIf the Land Tribunal makes an order under subsection (2) —\nthe land becomes transferable land when the order is made; and\nall claims for the land are taken to have been dismissed by the tribunal.\ns 230 ins 2008 No. 29 s 50\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.230-ssec.1) This section applies if, before the Land Tribunal makes a decision about whether or not a claim under this Act for claimable land, other than transferred land, is established— each party to the proceeding that made a claim agrees in writing that the claimable land become transferable land; and the tribunal is given notice of the agreement.\n(sec.230-ssec.2) If the Land Tribunal is satisfied it is appropriate in the circumstances that the land become transferable land, the tribunal may make an order that it is transferable land.\n(sec.230-ssec.3) Before the Land Tribunal makes an order under subsection (2) , the tribunal must have regard to the interests of any other party to the proceeding and how the interests are likely to be affected by the order.\n(sec.230-ssec.4) If the Land Tribunal makes an order under subsection (2) — the land becomes transferable land when the order is made; and all claims for the land are taken to have been dismissed by the tribunal.\n- (a) each party to the proceeding that made a claim agrees in writing that the claimable land become transferable land; and\n- (b) the tribunal is given notice of the agreement.\n- (a) the land becomes transferable land when the order is made; and\n- (b) all claims for the land are taken to have been dismissed by the tribunal.","sortOrder":347},{"sectionNumber":"sec.231","sectionType":"section","heading":"General powers","content":"### sec.231 General powers\n\nFor the purpose of a proceeding in relation to a claim, the Land Tribunal may do all other things necessary or convenient to be done for or in connection with the hearing and determination of the claim.","sortOrder":348},{"sectionNumber":"sec.232","sectionType":"section","heading":"Reasons to be given by tribunal","content":"### sec.232 Reasons to be given by tribunal\n\nSubject to this section and to section 225 , the Land Tribunal must give written reasons for—\nits recommendations to the Minister in relation to a claim; and\na claim being or not being established on 1 or more grounds.\nThe reasons must include its findings on material questions of fact and a reference to the evidence or other material on which those findings were based.\nSubsection (2) does not apply if the tribunal’s recommendations to the Minister are made without holding a hearing.\nThe tribunal must cause a copy of its reasons to be given (in writing) to the Minister and each party to the proceeding.\nIn this section—\nMinister means the Minister administering the Land Act .\ns 232 amd 2003 No. 77 s 8 ; 2008 No. 29 s 3 sch ; 2011 No. 26 s 77\n(sec.232-ssec.1) Subject to this section and to section 225 , the Land Tribunal must give written reasons for— its recommendations to the Minister in relation to a claim; and a claim being or not being established on 1 or more grounds.\n(sec.232-ssec.2) The reasons must include its findings on material questions of fact and a reference to the evidence or other material on which those findings were based.\n(sec.232-ssec.3) Subsection (2) does not apply if the tribunal’s recommendations to the Minister are made without holding a hearing.\n(sec.232-ssec.4) The tribunal must cause a copy of its reasons to be given (in writing) to the Minister and each party to the proceeding.\n(sec.232-ssec.5) In this section— Minister means the Minister administering the Land Act .\n- (a) its recommendations to the Minister in relation to a claim; and\n- (b) a claim being or not being established on 1 or more grounds.","sortOrder":349},{"sectionNumber":"sec.233","sectionType":"section","heading":"Appeals to Land Appeal Court from decisions of tribunal","content":"### sec.233 Appeals to Land Appeal Court from decisions of tribunal\n\nA party to a proceeding before the Land Tribunal may—\nappeal to the Land Appeal Court against a decision of the tribunal—\nthat an area of land is or is not claimable land; or\nthat a claim for an area of claimable land is or is not established on a particular ground; or\nto make or not to make a particular recommendation to the Minister in relation to a claim; or\nas to the terms of a particular recommendation to the Minister; and\nappeal to the Land Appeal Court, with the leave of that court, against any other decision of the tribunal made in or in relation to the proceeding.\nIf—\na person has applied to be made a party to a proceeding before the Land Tribunal; and\nthe tribunal decides that the person is not an interested person;\nthe person may appeal to the Land Appeal Court against the decision.\nAn interested person who is dissatisfied with a determination of the Land Tribunal under section 283 (2) (b) may appeal to the Land Appeal Court.\nIf the chairperson of the tribunal decides under section 61 that a claim is not duly made, the claimants may appeal to the Land Appeal Court.\nAn appeal, or application for leave to appeal, under this section must be made in accordance with any applicable rules of court and any regulations made for the purpose of this section.\nThe Land Appeal Court must hear and determine the appeal, or application for leave to appeal, and may make such order as it considers appropriate.\nWithout limiting subsection (6) , the orders that may be made by the Land Appeal Court on an appeal include—\nan order affirming a decision of the Land Tribunal; or\nan order varying a decision of the Land Tribunal; or\nan order setting aside a decision of the Land Tribunal and—\nmaking a decision in substitution for the decision set aside; or\nremitting the matter for reconsideration in accordance with any directions or recommendations of the Land Appeal Court.\nFor the purposes of an appeal, the Land Appeal Court may exercise all the powers and discretions conferred on the Land Tribunal.\nIn this section—\nMinister means the Minister administering the Land Act .\ns 233 amd 1993 No. 85 s 163A (amd 1994 No. 61 s 2 sch 2 ); 2003 No. 77 s 9 ; 2008 No. 29 s 3 sch\n(sec.233-ssec.1) A party to a proceeding before the Land Tribunal may— appeal to the Land Appeal Court against a decision of the tribunal— that an area of land is or is not claimable land; or that a claim for an area of claimable land is or is not established on a particular ground; or to make or not to make a particular recommendation to the Minister in relation to a claim; or as to the terms of a particular recommendation to the Minister; and appeal to the Land Appeal Court, with the leave of that court, against any other decision of the tribunal made in or in relation to the proceeding.\n(sec.233-ssec.2) If— a person has applied to be made a party to a proceeding before the Land Tribunal; and the tribunal decides that the person is not an interested person; the person may appeal to the Land Appeal Court against the decision.\n(sec.233-ssec.3) An interested person who is dissatisfied with a determination of the Land Tribunal under section 283 (2) (b) may appeal to the Land Appeal Court.\n(sec.233-ssec.4) If the chairperson of the tribunal decides under section 61 that a claim is not duly made, the claimants may appeal to the Land Appeal Court.\n(sec.233-ssec.5) An appeal, or application for leave to appeal, under this section must be made in accordance with any applicable rules of court and any regulations made for the purpose of this section.\n(sec.233-ssec.6) The Land Appeal Court must hear and determine the appeal, or application for leave to appeal, and may make such order as it considers appropriate.\n(sec.233-ssec.7) Without limiting subsection (6) , the orders that may be made by the Land Appeal Court on an appeal include— an order affirming a decision of the Land Tribunal; or an order varying a decision of the Land Tribunal; or an order setting aside a decision of the Land Tribunal and— making a decision in substitution for the decision set aside; or remitting the matter for reconsideration in accordance with any directions or recommendations of the Land Appeal Court.\n(sec.233-ssec.8) For the purposes of an appeal, the Land Appeal Court may exercise all the powers and discretions conferred on the Land Tribunal.\n(sec.233-ssec.9) In this section— Minister means the Minister administering the Land Act .\n- (a) appeal to the Land Appeal Court against a decision of the tribunal— (i) that an area of land is or is not claimable land; or (ii) that a claim for an area of claimable land is or is not established on a particular ground; or (iii) to make or not to make a particular recommendation to the Minister in relation to a claim; or (iv) as to the terms of a particular recommendation to the Minister; and\n- (i) that an area of land is or is not claimable land; or\n- (ii) that a claim for an area of claimable land is or is not established on a particular ground; or\n- (iii) to make or not to make a particular recommendation to the Minister in relation to a claim; or\n- (iv) as to the terms of a particular recommendation to the Minister; and\n- (b) appeal to the Land Appeal Court, with the leave of that court, against any other decision of the tribunal made in or in relation to the proceeding.\n- (i) that an area of land is or is not claimable land; or\n- (ii) that a claim for an area of claimable land is or is not established on a particular ground; or\n- (iii) to make or not to make a particular recommendation to the Minister in relation to a claim; or\n- (iv) as to the terms of a particular recommendation to the Minister; and\n- (a) a person has applied to be made a party to a proceeding before the Land Tribunal; and\n- (b) the tribunal decides that the person is not an interested person;\n- (a) an order affirming a decision of the Land Tribunal; or\n- (b) an order varying a decision of the Land Tribunal; or\n- (c) an order setting aside a decision of the Land Tribunal and— (i) making a decision in substitution for the decision set aside; or (ii) remitting the matter for reconsideration in accordance with any directions or recommendations of the Land Appeal Court.\n- (i) making a decision in substitution for the decision set aside; or\n- (ii) remitting the matter for reconsideration in accordance with any directions or recommendations of the Land Appeal Court.\n- (i) making a decision in substitution for the decision set aside; or\n- (ii) remitting the matter for reconsideration in accordance with any directions or recommendations of the Land Appeal Court.","sortOrder":350},{"sectionNumber":"sec.234","sectionType":"section","heading":"Reference of questions of law to Land Appeal Court","content":"### sec.234 Reference of questions of law to Land Appeal Court\n\nThe Land Tribunal may, of its own motion or at the request of a party, refer a question of law arising in a proceeding before the tribunal to the Land Appeal Court for decision, but a question is not to be referred without the agreement of the presiding member (if any) who is presiding or the chairperson of the tribunal.\nIf a question of law arising in a proceeding before the Land Tribunal has been referred to the Land Appeal Court, the tribunal must not, in the proceeding—\ngive a decision to which the question is relevant while the reference is pending; or\nproceed in a manner, or make a decision, that is inconsistent with the decision of the Land Appeal Court on the question.\n(sec.234-ssec.1) The Land Tribunal may, of its own motion or at the request of a party, refer a question of law arising in a proceeding before the tribunal to the Land Appeal Court for decision, but a question is not to be referred without the agreement of the presiding member (if any) who is presiding or the chairperson of the tribunal.\n(sec.234-ssec.2) If a question of law arising in a proceeding before the Land Tribunal has been referred to the Land Appeal Court, the tribunal must not, in the proceeding— give a decision to which the question is relevant while the reference is pending; or proceed in a manner, or make a decision, that is inconsistent with the decision of the Land Appeal Court on the question.\n- (a) give a decision to which the question is relevant while the reference is pending; or\n- (b) proceed in a manner, or make a decision, that is inconsistent with the decision of the Land Appeal Court on the question.","sortOrder":351},{"sectionNumber":"sec.235","sectionType":"section","heading":"Evidence and other findings in other proceedings","content":"### sec.235 Evidence and other findings in other proceedings\n\nIn a proceeding, the Land Tribunal may—\nreceive into evidence the transcript of evidence in another proceeding before—\na court; or\nthe Land Tribunal; or\nthe National Native Title Tribunal; or\na recognised State/Territory body within the meaning of the Native Title Act 1993 (Cwlth) ; or\nanother entity;\nand draw conclusions of fact from the transcript; and\nreceive into evidence a document or other thing introduced into evidence in another proceeding before a court, tribunal, body or other entity and draw conclusions from the document or thing; and\nadopt findings, reports, recommendations, decisions, determinations or judgments of a court, tribunal, body or other entity.\ns 235 ins 1993 No. 85 s 164 (amd 1994 No. 61 s 2 sch 2 )\namd 1998 No. 30 s 21 sch ; 1999 No. 19 s 3 sch\n- (a) receive into evidence the transcript of evidence in another proceeding before— (i) a court; or (ii) the Land Tribunal; or (iii) the National Native Title Tribunal; or (iv) a recognised State/Territory body within the meaning of the Native Title Act 1993 (Cwlth) ; or (v) another entity;\n- (i) a court; or\n- (ii) the Land Tribunal; or\n- (iii) the National Native Title Tribunal; or\n- (iv) a recognised State/Territory body within the meaning of the Native Title Act 1993 (Cwlth) ; or\n- (v) another entity;\n- and draw conclusions of fact from the transcript; and\n- (b) receive into evidence a document or other thing introduced into evidence in another proceeding before a court, tribunal, body or other entity and draw conclusions from the document or thing; and\n- (c) adopt findings, reports, recommendations, decisions, determinations or judgments of a court, tribunal, body or other entity.\n- (i) a court; or\n- (ii) the Land Tribunal; or\n- (iii) the National Native Title Tribunal; or\n- (iv) a recognised State/Territory body within the meaning of the Native Title Act 1993 (Cwlth) ; or\n- (v) another entity;","sortOrder":352},{"sectionNumber":"sec.236","sectionType":"section","heading":"Protection of members etc.","content":"### sec.236 Protection of members etc.\n\nA member of the Land Tribunal has, in the performance of the member’s duties as a member, the same protection and immunity as a judge of the Supreme Court.\nA person representing a party before the Land Tribunal has the same protection and immunity as a barrister has in appearing for a party in a proceeding in the Supreme Court.\nA person summoned to attend or appearing before the Land Tribunal as a witness has the same protection as a witness in a proceeding in the Supreme Court.\n(sec.236-ssec.1) A member of the Land Tribunal has, in the performance of the member’s duties as a member, the same protection and immunity as a judge of the Supreme Court.\n(sec.236-ssec.2) A person representing a party before the Land Tribunal has the same protection and immunity as a barrister has in appearing for a party in a proceeding in the Supreme Court.\n(sec.236-ssec.3) A person summoned to attend or appearing before the Land Tribunal as a witness has the same protection as a witness in a proceeding in the Supreme Court.","sortOrder":353},{"sectionNumber":"sec.237","sectionType":"section","heading":"Continuing authority of member","content":"### sec.237 Continuing authority of member\n\nIf a member’s appointment expires, the appointment continues until the member finishes performing any function started, but not finished, before the expiry of the appointment.\ns 237 ins 1993 No. 85 s 164A (amd 1994 No. 61 s 2 sch 2 )","sortOrder":354},{"sectionNumber":"sec.238","sectionType":"section","heading":"Failure of witness to attend","content":"### sec.238 Failure of witness to attend\n\nA person served, as prescribed, with a summons to appear as a witness before the Land Tribunal must not, without reasonable excuse—\nfail to attend as required by the summons; or\nfail to appear from time to time in the course of the proceeding as required by the presiding member.\nMaximum penalty—20 penalty units.\n- (a) fail to attend as required by the summons; or\n- (b) fail to appear from time to time in the course of the proceeding as required by the presiding member.","sortOrder":355},{"sectionNumber":"sec.239","sectionType":"section","heading":"Refusal of witness to be sworn or to answer questions","content":"### sec.239 Refusal of witness to be sworn or to answer questions\n\nA person appearing as a witness at a hearing of the Land Tribunal must not, without reasonable excuse—\nfail to be sworn or to make an affirmation; or\nfail to answer a question that the person is required to answer by the presiding member; or\nfail to produce a document that the person was required to produce by a summons under this Act served on the person as prescribed.\nMaximum penalty—20 penalty units.\nIt is a reasonable excuse for a person to fail to answer a question if answering the question may tend to incriminate the person.\nIt is a reasonable excuse for a person to fail to produce a document if producing the document may tend to incriminate the person.\n(sec.239-ssec.1) A person appearing as a witness at a hearing of the Land Tribunal must not, without reasonable excuse— fail to be sworn or to make an affirmation; or fail to answer a question that the person is required to answer by the presiding member; or fail to produce a document that the person was required to produce by a summons under this Act served on the person as prescribed. Maximum penalty—20 penalty units.\n(sec.239-ssec.2) It is a reasonable excuse for a person to fail to answer a question if answering the question may tend to incriminate the person.\n(sec.239-ssec.3) It is a reasonable excuse for a person to fail to produce a document if producing the document may tend to incriminate the person.\n- (a) fail to be sworn or to make an affirmation; or\n- (b) fail to answer a question that the person is required to answer by the presiding member; or\n- (c) fail to produce a document that the person was required to produce by a summons under this Act served on the person as prescribed.","sortOrder":356},{"sectionNumber":"sec.240","sectionType":"section","heading":"Obstructing tribunal etc.","content":"### sec.240 Obstructing tribunal etc.\n\nA person must not obstruct or improperly influence the conduct of a hearing of the Land Tribunal or attempt to do so.\nA person must not contravene an order under section 225 .\nMaximum penalty—40 penalty units.\n(sec.240-ssec.1) A person must not obstruct or improperly influence the conduct of a hearing of the Land Tribunal or attempt to do so.\n(sec.240-ssec.2) A person must not contravene an order under section 225 . Maximum penalty—40 penalty units.","sortOrder":357},{"sectionNumber":"sec.241","sectionType":"section","heading":"Allowances for witnesses","content":"### sec.241 Allowances for witnesses\n\nA witness summoned to appear at a hearing of the Land Tribunal is entitled to be paid such allowances and expenses—\nas are prescribed; or\nas the chairperson of the tribunal determines in the absence of regulations.\n- (a) as are prescribed; or\n- (b) as the chairperson of the tribunal determines in the absence of regulations.","sortOrder":358},{"sectionNumber":"pt.19-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":359},{"sectionNumber":"sec.242","sectionType":"section","heading":"Management of administrative affairs of tribunal","content":"### sec.242 Management of administrative affairs of tribunal\n\nThe chairperson of the Land Tribunal is responsible for managing the administrative affairs of the tribunal.","sortOrder":360},{"sectionNumber":"sec.243","sectionType":"section","heading":"Staff of tribunal employed under Public Sector Act 2022","content":"### sec.243 Staff of tribunal employed under Public Sector Act 2022\n\nThe staff of the Land Tribunal are to be employed under the Public Sector Act 2022 .\ns 243 sub 1996 No. 37 s 147 sch 2\namd 2009 No. 25 s 83 sch ; 2013 No. 2 s 113 (amdt could not be given effect); 2013 No. 23 s 352 sch 1 pt 1 ; 2022 No. 34 s 365 sch 3","sortOrder":361},{"sectionNumber":"sec.244","sectionType":"section","heading":"Consultants to tribunal","content":"### sec.244 Consultants to tribunal\n\nThe Land Tribunal may, on behalf of the State, engage persons having suitable qualifications and experience as consultants to the tribunal.","sortOrder":362},{"sectionNumber":"sec.245","sectionType":"section","heading":"Annual report","content":"### sec.245 Annual report\n\nThe chairperson of the Land Tribunal must, not later than 4 months after the end of each financial year, prepare and give to the Minister a report on the operations of the tribunal during the year.\nThe Minister must cause a copy of the report to be laid before the Legislative Assembly within 14 days after its receipt by the Minister.\nIf, at the time the Minister would otherwise be required to lay a copy of the report before the Legislative Assembly, the Legislative Assembly is not in session or not actually sitting, the Minister must give a copy of the report to the clerk of the Parliament.\nThe clerk must cause a copy of the report to be laid before the Legislative Assembly on its next sitting day.\nFor the purposes of its publication, the report is taken to have been laid before the Legislative Assembly, and to have been ordered to be published by the Legislative Assembly, when it is given to the clerk.\ns 245 amd 2003 No. 8 s 17 sch\n(sec.245-ssec.1) The chairperson of the Land Tribunal must, not later than 4 months after the end of each financial year, prepare and give to the Minister a report on the operations of the tribunal during the year.\n(sec.245-ssec.2) The Minister must cause a copy of the report to be laid before the Legislative Assembly within 14 days after its receipt by the Minister.\n(sec.245-ssec.3) If, at the time the Minister would otherwise be required to lay a copy of the report before the Legislative Assembly, the Legislative Assembly is not in session or not actually sitting, the Minister must give a copy of the report to the clerk of the Parliament.\n(sec.245-ssec.4) The clerk must cause a copy of the report to be laid before the Legislative Assembly on its next sitting day.\n(sec.245-ssec.5) For the purposes of its publication, the report is taken to have been laid before the Legislative Assembly, and to have been ordered to be published by the Legislative Assembly, when it is given to the clerk.","sortOrder":363},{"sectionNumber":"sec.246","sectionType":"section","heading":"Delegation of powers by chairperson","content":"### sec.246 Delegation of powers by chairperson\n\nThe chairperson of the Land Tribunal may delegate his or her powers under this or any other Act to another presiding member of the tribunal.","sortOrder":364},{"sectionNumber":"pt.20","sectionType":"part","heading":"Provisions about land trusts","content":"# Provisions about land trusts","sortOrder":365},{"sectionNumber":"pt.20-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":366},{"sectionNumber":"sec.247","sectionType":"section","heading":"Composition of land trust","content":"### sec.247 Composition of land trust\n\nA land trust for an area of Aboriginal land consists of all the members for the time being of the land trust.\ns 247 ins 2011 No. 26 s 78","sortOrder":367},{"sectionNumber":"sec.248","sectionType":"section","heading":"Nature of land trust","content":"### sec.248 Nature of land trust\n\nA land trust—\nis a body corporate with perpetual succession; and\nhas a seal; and\nmay sue and be sued in its corporate name.\nA land trust has all the powers of an individual and may, for example—\nacquire, hold and dispose of property; and\nborrow, receive and spend money; and\nemploy staff, and engage consultants, necessary for the performance of its function.\nThe land trust’s seal—\nis effective only if the land trust’s name is inscribed on the seal in legible characters, but the seal may include other words; and\nis to be kept by a person who is authorised by the land trust for that purpose; and\nmay be attached to a document only with the written authority signed by—\nif the land trust consists of 1 member—the member; or\nif the land trust consists of no more than 3 members—the chairperson of the land trust and at least 1 other member; or\nin any other case—\nthe chairperson and at least 2 other members; or\nat least 3 members.\nJudicial notice must be taken of the seal on a document.\nA document marked with the seal must be presumed to have been properly sealed, unless the contrary is proved.\ns 248 ins 2011 No. 26 s 78\n(sec.248-ssec.1) A land trust— is a body corporate with perpetual succession; and has a seal; and may sue and be sued in its corporate name.\n(sec.248-ssec.2) A land trust has all the powers of an individual and may, for example— acquire, hold and dispose of property; and borrow, receive and spend money; and employ staff, and engage consultants, necessary for the performance of its function.\n(sec.248-ssec.3) The land trust’s seal— is effective only if the land trust’s name is inscribed on the seal in legible characters, but the seal may include other words; and is to be kept by a person who is authorised by the land trust for that purpose; and may be attached to a document only with the written authority signed by— if the land trust consists of 1 member—the member; or if the land trust consists of no more than 3 members—the chairperson of the land trust and at least 1 other member; or in any other case— the chairperson and at least 2 other members; or at least 3 members.\n(sec.248-ssec.4) Judicial notice must be taken of the seal on a document.\n(sec.248-ssec.5) A document marked with the seal must be presumed to have been properly sealed, unless the contrary is proved.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a seal; and\n- (c) may sue and be sued in its corporate name.\n- (a) acquire, hold and dispose of property; and\n- (b) borrow, receive and spend money; and\n- (c) employ staff, and engage consultants, necessary for the performance of its function.\n- (a) is effective only if the land trust’s name is inscribed on the seal in legible characters, but the seal may include other words; and\n- (b) is to be kept by a person who is authorised by the land trust for that purpose; and\n- (c) may be attached to a document only with the written authority signed by— (i) if the land trust consists of 1 member—the member; or (ii) if the land trust consists of no more than 3 members—the chairperson of the land trust and at least 1 other member; or (iii) in any other case— (A) the chairperson and at least 2 other members; or (B) at least 3 members.\n- (i) if the land trust consists of 1 member—the member; or\n- (ii) if the land trust consists of no more than 3 members—the chairperson of the land trust and at least 1 other member; or\n- (iii) in any other case— (A) the chairperson and at least 2 other members; or (B) at least 3 members.\n- (A) the chairperson and at least 2 other members; or\n- (B) at least 3 members.\n- (i) if the land trust consists of 1 member—the member; or\n- (ii) if the land trust consists of no more than 3 members—the chairperson of the land trust and at least 1 other member; or\n- (iii) in any other case— (A) the chairperson and at least 2 other members; or (B) at least 3 members.\n- (A) the chairperson and at least 2 other members; or\n- (B) at least 3 members.\n- (A) the chairperson and at least 2 other members; or\n- (B) at least 3 members.","sortOrder":368},{"sectionNumber":"sec.249","sectionType":"section","heading":"Function and powers of land trust","content":"### sec.249 Function and powers of land trust\n\nThe function of a land trust is to provide a legal entity by which the members of the land trust may perform functions under this Act.\nA land trust may exercise all powers necessary or convenient to perform its function.\nAlso see section 267 .\ns 249 ins 2011 No. 26 s 78\n(sec.249-ssec.1) The function of a land trust is to provide a legal entity by which the members of the land trust may perform functions under this Act.\n(sec.249-ssec.2) A land trust may exercise all powers necessary or convenient to perform its function. Also see section 267 .","sortOrder":369},{"sectionNumber":"sec.249A","sectionType":"section","heading":"Name of land trust","content":"### sec.249A Name of land trust\n\nThe name of a land trust must include the words ‘Land Trust’ as the last 2 words.\ns 249A ins 2019 No. 17 s 18","sortOrder":370},{"sectionNumber":"pt.20-div.2","sectionType":"division","heading":"Appointment, removal and suspension of members of land trusts","content":"## Appointment, removal and suspension of members of land trusts","sortOrder":371},{"sectionNumber":"sec.250","sectionType":"section","heading":"Minister may appoint member","content":"### sec.250 Minister may appoint member\n\nThe Minister may, by notice given to a land trust, appoint a person to be a member of the land trust if—\nbecause of any circumstances affecting the operation of the land trust, the land trust can not appoint a member and a majority of members of the land trust have asked the Minister in writing to appoint the person as a member; or\nA land trust can not form a quorum for a meeting of the land trust to appoint a member.\nthe Minister considers it appropriate to appoint the member to ensure the land trust can carry out its functions under this Act.\nThe Minister might appoint a member to replace a member removed by the Minister under this division.\nBefore acting under subsection (1) , the Minister must—\nconsult with the land trust; and\nif the Minister considers it appropriate in the circumstances—consult with, and consider the views of, Aboriginal people particularly concerned with the Aboriginal land held by the land trust.\nThe Minister must not appoint a person under subsection (1) without the person’s consent.\nThe Minister must give the person a copy of the notice mentioned in subsection (1) when the notice is given to the land trust.\nA person appointed as a member of a land trust under this section becomes a member on the day stated in the notice.\nIn acting under this section, the Minister must have regard to any Aboriginal tradition applicable to the Aboriginal land held by the land trust.\ns 250 ins 2011 No. 26 s 78\namd 2013 No. 23 ss 10 , 352 sch 1 pt 1\n(sec.250-ssec.1) The Minister may, by notice given to a land trust, appoint a person to be a member of the land trust if— because of any circumstances affecting the operation of the land trust, the land trust can not appoint a member and a majority of members of the land trust have asked the Minister in writing to appoint the person as a member; or A land trust can not form a quorum for a meeting of the land trust to appoint a member. the Minister considers it appropriate to appoint the member to ensure the land trust can carry out its functions under this Act. The Minister might appoint a member to replace a member removed by the Minister under this division.\n(sec.250-ssec.2) Before acting under subsection (1) , the Minister must— consult with the land trust; and if the Minister considers it appropriate in the circumstances—consult with, and consider the views of, Aboriginal people particularly concerned with the Aboriginal land held by the land trust.\n(sec.250-ssec.3) The Minister must not appoint a person under subsection (1) without the person’s consent.\n(sec.250-ssec.4) The Minister must give the person a copy of the notice mentioned in subsection (1) when the notice is given to the land trust.\n(sec.250-ssec.5) A person appointed as a member of a land trust under this section becomes a member on the day stated in the notice.\n(sec.250-ssec.6) In acting under this section, the Minister must have regard to any Aboriginal tradition applicable to the Aboriginal land held by the land trust.\n- (a) because of any circumstances affecting the operation of the land trust, the land trust can not appoint a member and a majority of members of the land trust have asked the Minister in writing to appoint the person as a member; or Example of circumstances affecting the operation of a land trust— A land trust can not form a quorum for a meeting of the land trust to appoint a member.\n- (b) the Minister considers it appropriate to appoint the member to ensure the land trust can carry out its functions under this Act. Example— The Minister might appoint a member to replace a member removed by the Minister under this division.\n- (a) consult with the land trust; and\n- (b) if the Minister considers it appropriate in the circumstances—consult with, and consider the views of, Aboriginal people particularly concerned with the Aboriginal land held by the land trust.","sortOrder":372},{"sectionNumber":"sec.250A","sectionType":"section","heading":"Land trust may appoint member","content":"### sec.250A Land trust may appoint member\n\nA land trust may, by resolution, appoint a person to be a member of the land trust.\nA land trust can not appoint a person under subsection (1) —\nwithout the person’s consent; or\nif the person has been removed as a member of any land trust by the Minister under this division.\nA person appointed as a member of a land trust under this section becomes a member on the later of the following—\nthe day the resolution appointing the person as a member is made;\nany later day stated in the resolution.\nA land trust must record its decision to appoint a person as a member of the land trust in the minutes of the meeting at which the person was appointed.\ns 250A ins 2013 No. 23 s 11\n(sec.250A-ssec.1) A land trust may, by resolution, appoint a person to be a member of the land trust.\n(sec.250A-ssec.2) A land trust can not appoint a person under subsection (1) — without the person’s consent; or if the person has been removed as a member of any land trust by the Minister under this division.\n(sec.250A-ssec.3) A person appointed as a member of a land trust under this section becomes a member on the later of the following— the day the resolution appointing the person as a member is made; any later day stated in the resolution.\n(sec.250A-ssec.4) A land trust must record its decision to appoint a person as a member of the land trust in the minutes of the meeting at which the person was appointed.\n- (a) without the person’s consent; or\n- (b) if the person has been removed as a member of any land trust by the Minister under this division.\n- (a) the day the resolution appointing the person as a member is made;\n- (b) any later day stated in the resolution.","sortOrder":373},{"sectionNumber":"sec.251","sectionType":"section","heading":"Grounds for removal or suspension of member","content":"### sec.251 Grounds for removal or suspension of member\n\nEach of the following is a ground for removing or suspending a member—\nif the member is a member of the executive committee of the land trust, the member—\nin performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or\nis carrying on, or has carried on, the business of the land trust in a fraudulent or improper way;\nthe member has stolen, misappropriated or improperly applied trust property;\nthe member is acting, or has acted, towards the land trust or another member in a way that is fraudulent, improper or contrary to the best interests of the land trust.\nAlso, it is a ground for the Minister to remove or suspend a member that, because of any circumstances affecting the operation of the land trust—\nthe land trust can not remove or suspend a member and a majority of members of the land trust have asked the Minister in writing to remove or suspend the member; and\na ground mentioned in subsection (1) (a) , (b) or (c) exists for the member.\nA land trust can not form a quorum for a general meeting of the land trust to remove or suspend a member.\ns 251 ins 2011 No. 26 s 78\namd 2013 No. 23 s 13\n(sec.251-ssec.1) Each of the following is a ground for removing or suspending a member— if the member is a member of the executive committee of the land trust, the member— in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way; the member has stolen, misappropriated or improperly applied trust property; the member is acting, or has acted, towards the land trust or another member in a way that is fraudulent, improper or contrary to the best interests of the land trust.\n(sec.251-ssec.2) Also, it is a ground for the Minister to remove or suspend a member that, because of any circumstances affecting the operation of the land trust— the land trust can not remove or suspend a member and a majority of members of the land trust have asked the Minister in writing to remove or suspend the member; and a ground mentioned in subsection (1) (a) , (b) or (c) exists for the member. A land trust can not form a quorum for a general meeting of the land trust to remove or suspend a member.\n- (a) if the member is a member of the executive committee of the land trust, the member— (i) in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or (ii) is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way;\n- (i) in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or\n- (ii) is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way;\n- (b) the member has stolen, misappropriated or improperly applied trust property;\n- (c) the member is acting, or has acted, towards the land trust or another member in a way that is fraudulent, improper or contrary to the best interests of the land trust.\n- (i) in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or\n- (ii) is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way;\n- (a) the land trust can not remove or suspend a member and a majority of members of the land trust have asked the Minister in writing to remove or suspend the member; and\n- (b) a ground mentioned in subsection (1) (a) , (b) or (c) exists for the member.","sortOrder":374},{"sectionNumber":"sec.252","sectionType":"section","heading":"Show cause notice","content":"### sec.252 Show cause notice\n\nThis section applies if the Minister believes a ground exists to remove or suspend a member of a land trust.\nThe Minister must give the member and the land trust a notice (a show cause notice ).\nThe show cause notice must state the following—\nthe action the Minister proposes to take under this subdivision (the proposed action );\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is suspension of the member—the proposed suspension period;\nthat the member and the land trust may, within a stated period (the show cause period ), make written representations to the Minister to show why the proposed action should not be taken;\nthat, if the member is removed as a member of the land trust, the member is also removed as a member of any other land trust.\nThe show cause period must end at least 1 month after the show cause notice is given.\ns 252 ins 2011 No. 26 s 78\namd 2013 No. 23 s 14\n(sec.252-ssec.1) This section applies if the Minister believes a ground exists to remove or suspend a member of a land trust.\n(sec.252-ssec.2) The Minister must give the member and the land trust a notice (a show cause notice ).\n(sec.252-ssec.3) The show cause notice must state the following— the action the Minister proposes to take under this subdivision (the proposed action ); the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the member—the proposed suspension period; that the member and the land trust may, within a stated period (the show cause period ), make written representations to the Minister to show why the proposed action should not be taken; that, if the member is removed as a member of the land trust, the member is also removed as a member of any other land trust.\n(sec.252-ssec.4) The show cause period must end at least 1 month after the show cause notice is given.\n- (a) the action the Minister proposes to take under this subdivision (the proposed action );\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is suspension of the member—the proposed suspension period;\n- (e) that the member and the land trust may, within a stated period (the show cause period ), make written representations to the Minister to show why the proposed action should not be taken;\n- (f) that, if the member is removed as a member of the land trust, the member is also removed as a member of any other land trust.","sortOrder":375},{"sectionNumber":"sec.253","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.253 Representations about show cause notice\n\nThe member or land trust may make written representations to the Minister about the show cause notice during the show cause period.\nThe Minister must consider all representations (the accepted representations ) made under subsection (1) .\ns 253 ins 2011 No. 26 s 78\n(sec.253-ssec.1) The member or land trust may make written representations to the Minister about the show cause notice during the show cause period.\n(sec.253-ssec.2) The Minister must consider all representations (the accepted representations ) made under subsection (1) .","sortOrder":376},{"sectionNumber":"sec.254","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.254 Ending show cause process without further action\n\nIf, after considering the accepted representations for the show cause notice, the Minister no longer believes a ground exists to remove or suspend the member, the Minister must—\ntake no further action about the show cause notice; and\ngive the member and the land trust a notice that no further action is to be taken about the show cause notice.\ns 254 ins 2011 No. 26 s 78\n- (a) take no further action about the show cause notice; and\n- (b) give the member and the land trust a notice that no further action is to be taken about the show cause notice.","sortOrder":377},{"sectionNumber":"sec.255","sectionType":"section","heading":"Removing or suspending member","content":"### sec.255 Removing or suspending member\n\nThis section applies if—\nthere are no accepted representations about the show cause notice; or\nafter considering the accepted representations about the show cause notice, the Minister—\nstill believes a ground exists to remove or suspend the member; and\nbelieves removal or suspension of the member is warranted.\nThe Minister may—\nif the proposed action was to remove the member—remove the member; or\nif the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.\nBefore acting under subsection (2) , the Minister must, if the Minister considers it appropriate in the circumstances, consult with and consider the views of Aboriginal people particularly concerned with the Aboriginal land held by the land trust.\nIn acting under this section, the Minister must have regard to any Aboriginal tradition applicable to the Aboriginal land held by the land trust.\nIf the Minister decides to take action under subsection (2) , the Minister must as soon as practicable give—\nthe person an information notice for the decision; and\nthe land trust notice of the decision.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the person;\nthe day stated in the information notice for that purpose.\ns 255 ins 2011 No. 26 s 78\namd 2013 No. 23 ss 15 , 352 sch 1\n(sec.255-ssec.1) This section applies if— there are no accepted representations about the show cause notice; or after considering the accepted representations about the show cause notice, the Minister— still believes a ground exists to remove or suspend the member; and believes removal or suspension of the member is warranted.\n(sec.255-ssec.2) The Minister may— if the proposed action was to remove the member—remove the member; or if the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.\n(sec.255-ssec.3) Before acting under subsection (2) , the Minister must, if the Minister considers it appropriate in the circumstances, consult with and consider the views of Aboriginal people particularly concerned with the Aboriginal land held by the land trust.\n(sec.255-ssec.4) In acting under this section, the Minister must have regard to any Aboriginal tradition applicable to the Aboriginal land held by the land trust.\n(sec.255-ssec.5) If the Minister decides to take action under subsection (2) , the Minister must as soon as practicable give— the person an information notice for the decision; and the land trust notice of the decision.\n(sec.255-ssec.6) The decision takes effect on the later of the following— the day the information notice is given to the person; the day stated in the information notice for that purpose.\n- (a) there are no accepted representations about the show cause notice; or\n- (b) after considering the accepted representations about the show cause notice, the Minister— (i) still believes a ground exists to remove or suspend the member; and (ii) believes removal or suspension of the member is warranted.\n- (i) still believes a ground exists to remove or suspend the member; and\n- (ii) believes removal or suspension of the member is warranted.\n- (i) still believes a ground exists to remove or suspend the member; and\n- (ii) believes removal or suspension of the member is warranted.\n- (a) if the proposed action was to remove the member—remove the member; or\n- (b) if the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.\n- (a) the person an information notice for the decision; and\n- (b) the land trust notice of the decision.\n- (a) the day the information notice is given to the person;\n- (b) the day stated in the information notice for that purpose.","sortOrder":378},{"sectionNumber":"sec.255A","sectionType":"section","heading":"Effect of removing member on other land trust membership","content":"### sec.255A Effect of removing member on other land trust membership\n\nThis section applies if the Minister removes a member from a land trust under section 255 (2) and the member is also a member of another land trust.\nThe member is also removed as a member of the other land trust.\ns 255A ins 2013 No. 23 s 16\n(sec.255A-ssec.1) This section applies if the Minister removes a member from a land trust under section 255 (2) and the member is also a member of another land trust.\n(sec.255A-ssec.2) The member is also removed as a member of the other land trust.","sortOrder":379},{"sectionNumber":"sec.256","sectionType":"section","heading":"Immediate suspension of member","content":"### sec.256 Immediate suspension of member\n\nThe Minister may suspend a member of a land trust immediately if the Minister believes—\neither—\na ground exists to remove or suspend the member; or\nthe member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene this Act; and\nit is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.\nHowever, the Minister may immediately suspend the member only if the Minister also gives the member and the land trust a show cause notice for action to remove or suspend the member under this subdivision.\nIf the Minister decides to immediately suspend the member, the Minister must, when the Minister gives the show cause notice—\ngive the member an information notice about the decision; and\ngive the land trust a copy of the information notice.\nThe suspension—\noperates immediately the member is given the information notice; and\nif the member is also a member of another land trust—suspends the member as a member of the other land trust; and\ncontinues to operate until the earlier of the following happens—\nthe show cause notice is finally dealt with;\n60 days have passed since the suspension took effect.\ns 256 ins 2011 No. 26 s 78\nsub 2013 No. 23 s 17\n(sec.256-ssec.1) The Minister may suspend a member of a land trust immediately if the Minister believes— either— a ground exists to remove or suspend the member; or the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene this Act; and it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.\n(sec.256-ssec.2) However, the Minister may immediately suspend the member only if the Minister also gives the member and the land trust a show cause notice for action to remove or suspend the member under this subdivision.\n(sec.256-ssec.3) If the Minister decides to immediately suspend the member, the Minister must, when the Minister gives the show cause notice— give the member an information notice about the decision; and give the land trust a copy of the information notice.\n(sec.256-ssec.4) The suspension— operates immediately the member is given the information notice; and if the member is also a member of another land trust—suspends the member as a member of the other land trust; and continues to operate until the earlier of the following happens— the show cause notice is finally dealt with; 60 days have passed since the suspension took effect.\n- (a) either— (i) a ground exists to remove or suspend the member; or (ii) the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene this Act; and\n- (i) a ground exists to remove or suspend the member; or\n- (ii) the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene this Act; and\n- (b) it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.\n- (i) a ground exists to remove or suspend the member; or\n- (ii) the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene this Act; and\n- (a) give the member an information notice about the decision; and\n- (b) give the land trust a copy of the information notice.\n- (a) operates immediately the member is given the information notice; and\n- (b) if the member is also a member of another land trust—suspends the member as a member of the other land trust; and\n- (c) continues to operate until the earlier of the following happens— (i) the show cause notice is finally dealt with; (ii) 60 days have passed since the suspension took effect.\n- (i) the show cause notice is finally dealt with;\n- (ii) 60 days have passed since the suspension took effect.\n- (i) the show cause notice is finally dealt with;\n- (ii) 60 days have passed since the suspension took effect.","sortOrder":380},{"sectionNumber":"sec.257","sectionType":"section","heading":"Proposed removal or suspension approved by resolution and show cause notice","content":"### sec.257 Proposed removal or suspension approved by resolution and show cause notice\n\nA land trust may, by resolution, decide to take action under this subdivision (the proposed action ) to remove or suspend a member of the land trust because a ground exists for the removal or suspension.\nHowever, members of the land trust must be given at least 14 days notice of the general meeting of the land trust at which the resolution is intended to be proposed.\nIf the land trust makes a decision under subsection (1) , the land trust must—\nrefer the matter of the proposed action to the executive committee of the land trust to decide; and\ngive the member a notice (a show cause notice ).\nThe show cause notice must state all of the following—\ndetails of the resolution mentioned in subsection (1) , including the date the resolution was made;\nthe proposed action;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is suspension of the member—the proposed suspension period;\nthat the member may, within a stated period (the show cause period ), make written representations to the land trust to show why the proposed action should not be taken.\nThe show cause period must end at least 1 month after the show cause notice is given.\ns 257 ins 2011 No. 26 s 78\nsub 2013 No. 23 s 18\n(sec.257-ssec.1) A land trust may, by resolution, decide to take action under this subdivision (the proposed action ) to remove or suspend a member of the land trust because a ground exists for the removal or suspension.\n(sec.257-ssec.2) However, members of the land trust must be given at least 14 days notice of the general meeting of the land trust at which the resolution is intended to be proposed.\n(sec.257-ssec.3) If the land trust makes a decision under subsection (1) , the land trust must— refer the matter of the proposed action to the executive committee of the land trust to decide; and give the member a notice (a show cause notice ).\n(sec.257-ssec.4) The show cause notice must state all of the following— details of the resolution mentioned in subsection (1) , including the date the resolution was made; the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the member—the proposed suspension period; that the member may, within a stated period (the show cause period ), make written representations to the land trust to show why the proposed action should not be taken.\n(sec.257-ssec.5) The show cause period must end at least 1 month after the show cause notice is given.\n- (a) refer the matter of the proposed action to the executive committee of the land trust to decide; and\n- (b) give the member a notice (a show cause notice ).\n- (a) details of the resolution mentioned in subsection (1) , including the date the resolution was made;\n- (b) the proposed action;\n- (c) the ground for the proposed action;\n- (d) an outline of the facts and circumstances forming the basis for the ground;\n- (e) if the proposed action is suspension of the member—the proposed suspension period;\n- (f) that the member may, within a stated period (the show cause period ), make written representations to the land trust to show why the proposed action should not be taken.","sortOrder":381},{"sectionNumber":"sec.257A","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.257A Representations about show cause notice\n\nThe member may make written representations to the land trust about the show cause notice during the show cause period.\nA copy of any representations made by the member under subsection (1) must be given to each member of the executive committee of the land trust.\ns 257A ins 2013 No. 23 s 18\n(sec.257A-ssec.1) The member may make written representations to the land trust about the show cause notice during the show cause period.\n(sec.257A-ssec.2) A copy of any representations made by the member under subsection (1) must be given to each member of the executive committee of the land trust.","sortOrder":382},{"sectionNumber":"sec.257B","sectionType":"section","heading":"Land trust decisions about removal or suspension of member","content":"### sec.257B Land trust decisions about removal or suspension of member\n\nThis section provides for how, by a resolution of the executive committee of the land trust, the land trust decides the action to be taken about a show cause notice given to a member of the land trust.\nThe resolution may be made only if the show cause period stated in the show cause notice has ended.\nThe executive committee must—\nconsider all representations about the show cause notice received under section 257A (1) ; and\ndecide—\nwhether a ground exists to remove or suspend the member; and\nif the executive committee decides a ground exists—whether removal or suspension of the member is warranted.\nThe land trust must take no further action about the show cause notice if the executive committee decides—\nno ground exists to remove or suspend the member; or\na ground exists but the removal or suspension of the member is not warranted.\nSubsections (6) to (8) apply if the executive committee decides a ground exists to remove or suspend the member and that the removal or suspension of the member is warranted.\nThe executive committee may decide to—\nif the proposed action was to remove the member—remove or suspend the member; or\nif the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.\nIf a motion proposing removal or suspension fails to pass by resolution, the executive committee of the land trust may decide to—\nadjourn the matter of the proposed action; or\nrefer the matter of the proposed action to a general meeting of the land trust to decide; or\ntake no further action about the show cause notice.\nA decision to remove or suspend takes effect on the later of the following—\nthe day an information notice about the decision is given to the member under section 257D ;\nany later day stated in the notice.\nThe executive committee of the land trust must record its decisions under this section—\nif a decision was made at a meeting of the executive committee—in the minutes of the meeting at which the decision was made; or\notherwise—in writing.\ns 257B ins 2013 No. 23 s 18\n(sec.257B-ssec.1) This section provides for how, by a resolution of the executive committee of the land trust, the land trust decides the action to be taken about a show cause notice given to a member of the land trust.\n(sec.257B-ssec.2) The resolution may be made only if the show cause period stated in the show cause notice has ended.\n(sec.257B-ssec.3) The executive committee must— consider all representations about the show cause notice received under section 257A (1) ; and decide— whether a ground exists to remove or suspend the member; and if the executive committee decides a ground exists—whether removal or suspension of the member is warranted.\n(sec.257B-ssec.4) The land trust must take no further action about the show cause notice if the executive committee decides— no ground exists to remove or suspend the member; or a ground exists but the removal or suspension of the member is not warranted.\n(sec.257B-ssec.5) Subsections (6) to (8) apply if the executive committee decides a ground exists to remove or suspend the member and that the removal or suspension of the member is warranted.\n(sec.257B-ssec.6) The executive committee may decide to— if the proposed action was to remove the member—remove or suspend the member; or if the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.\n(sec.257B-ssec.7) If a motion proposing removal or suspension fails to pass by resolution, the executive committee of the land trust may decide to— adjourn the matter of the proposed action; or refer the matter of the proposed action to a general meeting of the land trust to decide; or take no further action about the show cause notice.\n(sec.257B-ssec.8) A decision to remove or suspend takes effect on the later of the following— the day an information notice about the decision is given to the member under section 257D ; any later day stated in the notice.\n(sec.257B-ssec.9) The executive committee of the land trust must record its decisions under this section— if a decision was made at a meeting of the executive committee—in the minutes of the meeting at which the decision was made; or otherwise—in writing.\n- (a) consider all representations about the show cause notice received under section 257A (1) ; and\n- (b) decide— (i) whether a ground exists to remove or suspend the member; and (ii) if the executive committee decides a ground exists—whether removal or suspension of the member is warranted.\n- (i) whether a ground exists to remove or suspend the member; and\n- (ii) if the executive committee decides a ground exists—whether removal or suspension of the member is warranted.\n- (i) whether a ground exists to remove or suspend the member; and\n- (ii) if the executive committee decides a ground exists—whether removal or suspension of the member is warranted.\n- (a) no ground exists to remove or suspend the member; or\n- (b) a ground exists but the removal or suspension of the member is not warranted.\n- (a) if the proposed action was to remove the member—remove or suspend the member; or\n- (b) if the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.\n- (a) adjourn the matter of the proposed action; or\n- (b) refer the matter of the proposed action to a general meeting of the land trust to decide; or\n- (c) take no further action about the show cause notice.\n- (a) the day an information notice about the decision is given to the member under section 257D ;\n- (b) any later day stated in the notice.\n- (a) if a decision was made at a meeting of the executive committee—in the minutes of the meeting at which the decision was made; or\n- (b) otherwise—in writing.","sortOrder":383},{"sectionNumber":"sec.257C","sectionType":"section","heading":"Decisions about removal or suspension of member referred to land trust general meeting","content":"### sec.257C Decisions about removal or suspension of member referred to land trust general meeting\n\nThis section applies if the executive committee of a land trust refers, to a general meeting of the land trust, the matter of the action to be taken about a show cause notice given to a member of the land trust.\nThe land trust may, by resolution at a general meeting of the land trust, decide the action to be taken about the show cause notice.\nFor subsection (2) , section 257B applies with a reference to the executive committee of the land trust taken to be a reference to the land trust.\nHowever, if a motion proposing removal or suspension fails to pass by resolution, the land trust must take no further action about the show cause notice.\ns 257C ins 2013 No. 23 s 18\n(sec.257C-ssec.1) This section applies if the executive committee of a land trust refers, to a general meeting of the land trust, the matter of the action to be taken about a show cause notice given to a member of the land trust.\n(sec.257C-ssec.2) The land trust may, by resolution at a general meeting of the land trust, decide the action to be taken about the show cause notice.\n(sec.257C-ssec.3) For subsection (2) , section 257B applies with a reference to the executive committee of the land trust taken to be a reference to the land trust.\n(sec.257C-ssec.4) However, if a motion proposing removal or suspension fails to pass by resolution, the land trust must take no further action about the show cause notice.","sortOrder":384},{"sectionNumber":"sec.257D","sectionType":"section","heading":"Action after decision about removal or suspension of member","content":"### sec.257D Action after decision about removal or suspension of member\n\nThis section applies if a decision about a show cause notice given to a member of a land trust is made under section 257B or 257C .\nAs soon as practicable after the decision is made, the land trust must give the member notice of the following—\nif, because of the decision, the land trust is, or is required, to take no further action about the show cause notice—notice that no further action will be taken;\nif the decision is to remove or suspend the member—an information notice for the decision;\nif the decision is to adjourn the matter of the removal or suspension of the member—notice of the decision to adjourn the matter;\nif the decision is to refer the matter of the removal or suspension of a member of the land trust to a general meeting of the land trust—notice of the decision to refer the matter and of the day and time of the general meeting of the land trust at which the matter will be considered.\ns 257D ins 2013 No. 23 s 18\n(sec.257D-ssec.1) This section applies if a decision about a show cause notice given to a member of a land trust is made under section 257B or 257C .\n(sec.257D-ssec.2) As soon as practicable after the decision is made, the land trust must give the member notice of the following— if, because of the decision, the land trust is, or is required, to take no further action about the show cause notice—notice that no further action will be taken; if the decision is to remove or suspend the member—an information notice for the decision; if the decision is to adjourn the matter of the removal or suspension of the member—notice of the decision to adjourn the matter; if the decision is to refer the matter of the removal or suspension of a member of the land trust to a general meeting of the land trust—notice of the decision to refer the matter and of the day and time of the general meeting of the land trust at which the matter will be considered.\n- (a) if, because of the decision, the land trust is, or is required, to take no further action about the show cause notice—notice that no further action will be taken;\n- (b) if the decision is to remove or suspend the member—an information notice for the decision;\n- (c) if the decision is to adjourn the matter of the removal or suspension of the member—notice of the decision to adjourn the matter;\n- (d) if the decision is to refer the matter of the removal or suspension of a member of the land trust to a general meeting of the land trust—notice of the decision to refer the matter and of the day and time of the general meeting of the land trust at which the matter will be considered.","sortOrder":385},{"sectionNumber":"sec.257E","sectionType":"section","heading":"Immediate suspension of member","content":"### sec.257E Immediate suspension of member\n\nA land trust may, by a resolution of the executive committee of the land trust, suspend a member of a land trust immediately if the executive committee decides—\neither—\na ground exists to remove or suspend the member; or\nthe member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene this Act; and\nit is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.\nIf the executive committee decides to immediately suspend the member, it must—\ngive the member an information notice about the decision; and\nensure a motion proposing disciplinary action be taken against the member is considered at a general meeting of the land trust within 60 days after the giving of the information notice.\nThe suspension—\noperates immediately the information notice is given; and\ncontinues to operate until the earliest of the following happens—\na motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust;\n60 days have passed since the giving of the information notice and the member has not been given a show cause notice for proposed disciplinary action against the member;\na show cause notice for proposed disciplinary action against the member is finally dealt with;\n60 days have passed since the suspension took effect.\nIn this section—\ndisciplinary action , against a member of a land trust, means action to remove or suspend the member under this subdivision.\ns 257E ins 2013 No. 23 s 18\n(sec.257E-ssec.1) A land trust may, by a resolution of the executive committee of the land trust, suspend a member of a land trust immediately if the executive committee decides— either— a ground exists to remove or suspend the member; or the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene this Act; and it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.\n(sec.257E-ssec.2) If the executive committee decides to immediately suspend the member, it must— give the member an information notice about the decision; and ensure a motion proposing disciplinary action be taken against the member is considered at a general meeting of the land trust within 60 days after the giving of the information notice.\n(sec.257E-ssec.3) The suspension— operates immediately the information notice is given; and continues to operate until the earliest of the following happens— a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust; 60 days have passed since the giving of the information notice and the member has not been given a show cause notice for proposed disciplinary action against the member; a show cause notice for proposed disciplinary action against the member is finally dealt with; 60 days have passed since the suspension took effect.\n(sec.257E-ssec.4) In this section— disciplinary action , against a member of a land trust, means action to remove or suspend the member under this subdivision.\n- (a) either— (i) a ground exists to remove or suspend the member; or (ii) the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene this Act; and\n- (i) a ground exists to remove or suspend the member; or\n- (ii) the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene this Act; and\n- (b) it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.\n- (i) a ground exists to remove or suspend the member; or\n- (ii) the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene this Act; and\n- (a) give the member an information notice about the decision; and\n- (b) ensure a motion proposing disciplinary action be taken against the member is considered at a general meeting of the land trust within 60 days after the giving of the information notice.\n- (a) operates immediately the information notice is given; and\n- (b) continues to operate until the earliest of the following happens— (i) a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust; (ii) 60 days have passed since the giving of the information notice and the member has not been given a show cause notice for proposed disciplinary action against the member; (iii) a show cause notice for proposed disciplinary action against the member is finally dealt with; (iv) 60 days have passed since the suspension took effect.\n- (i) a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust;\n- (ii) 60 days have passed since the giving of the information notice and the member has not been given a show cause notice for proposed disciplinary action against the member;\n- (iii) a show cause notice for proposed disciplinary action against the member is finally dealt with;\n- (iv) 60 days have passed since the suspension took effect.\n- (i) a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust;\n- (ii) 60 days have passed since the giving of the information notice and the member has not been given a show cause notice for proposed disciplinary action against the member;\n- (iii) a show cause notice for proposed disciplinary action against the member is finally dealt with;\n- (iv) 60 days have passed since the suspension took effect.","sortOrder":386},{"sectionNumber":"sec.257F","sectionType":"section","heading":"Limitation on land trust’s power about suspension of member","content":"### sec.257F Limitation on land trust’s power about suspension of member\n\nA land trust can not end the suspension of a person from membership of the land trust if the suspension is imposed by the Minister under this division.\ns 257F ins 2013 No. 23 s 18","sortOrder":387},{"sectionNumber":"sec.257G","sectionType":"section","heading":"Information about appointment, removal or resignation of members","content":"### sec.257G Information about appointment, removal or resignation of members\n\nThis section applies to a land trust if—\nthe land trust appoints a person as a member of the land trust or removes a member from the land trust; or\na member of the land trust resigns.\nAs soon as practicable after the appointment, removal or resignation has effect, the land trust must give the chief executive notice of the appointment, removal or resignation.\ns 257G ins 2013 No. 23 s 18\n(sec.257G-ssec.1) This section applies to a land trust if— the land trust appoints a person as a member of the land trust or removes a member from the land trust; or a member of the land trust resigns.\n(sec.257G-ssec.2) As soon as practicable after the appointment, removal or resignation has effect, the land trust must give the chief executive notice of the appointment, removal or resignation.\n- (a) the land trust appoints a person as a member of the land trust or removes a member from the land trust; or\n- (b) a member of the land trust resigns.","sortOrder":388},{"sectionNumber":"pt.20-div.3","sectionType":"division","heading":"Recording information about compliance with Act","content":"## Recording information about compliance with Act","sortOrder":389},{"sectionNumber":"sec.258","sectionType":"section","heading":"Particular information to be recorded in register","content":"### sec.258 Particular information to be recorded in register\n\nThe chief executive must, for each land trust and each financial year, record in the Aboriginal land holding entity register whether or not the land trust has, for the financial year, operated in compliance with the Act .\nIn deciding whether or not a land trust has operated in compliance with the Act , the chief executive must have regard to any minimum requirements, declared by the Minister, that a land trust must meet to be compliant.\ns 258 ins 2011 No. 26 s 78\namd 2019 No. 17 s 19\n(sec.258-ssec.1) The chief executive must, for each land trust and each financial year, record in the Aboriginal land holding entity register whether or not the land trust has, for the financial year, operated in compliance with the Act .\n(sec.258-ssec.2) In deciding whether or not a land trust has operated in compliance with the Act , the chief executive must have regard to any minimum requirements, declared by the Minister, that a land trust must meet to be compliant.","sortOrder":390},{"sectionNumber":"pt.20-div.4","sectionType":"division","heading":"Land trusts to give information to chief executive","content":"## Land trusts to give information to chief executive","sortOrder":391},{"sectionNumber":"sec.259","sectionType":"section","heading":"Definition for div 4","content":"### sec.259 Definition for div 4\n\nIn this division—\ninformation includes a document.\ns 259 ins 2011 No. 26 s 78","sortOrder":392},{"sectionNumber":"sec.260","sectionType":"section","heading":"Power to require particular information","content":"### sec.260 Power to require particular information\n\nThe chief executive may, by notice, require a land trust to give the chief executive stated information, or stated types of information, in its possession or control that is, or are, relevant to the operation of the land trust or the conduct of its business.\ninformation about how a land trust made a particular decision\naccounts, bank statements and other financial information\nminutes of meetings\nThe notice must state a reasonable period to comply with the requirement.\nThe land trust must comply with the requirement unless complying with the notice would place the land trust in contravention of a law.\ns 260 ins 2011 No. 26 s 78\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.260-ssec.1) The chief executive may, by notice, require a land trust to give the chief executive stated information, or stated types of information, in its possession or control that is, or are, relevant to the operation of the land trust or the conduct of its business. information about how a land trust made a particular decision accounts, bank statements and other financial information minutes of meetings\n(sec.260-ssec.2) The notice must state a reasonable period to comply with the requirement.\n(sec.260-ssec.3) The land trust must comply with the requirement unless complying with the notice would place the land trust in contravention of a law.\n- • information about how a land trust made a particular decision\n- • accounts, bank statements and other financial information\n- • minutes of meetings","sortOrder":393},{"sectionNumber":"pt.20-div.5","sectionType":"division","heading":"Freezing accounts of land trusts","content":"## Freezing accounts of land trusts","sortOrder":394},{"sectionNumber":"sec.261","sectionType":"section","heading":"Definitions for div 5","content":"### sec.261 Definitions for div 5\n\nIn this division—\naccount , of a land trust, means—\nan account, with a financial institution, in the land trust’s name or in which the land trust has an interest; or\nanother account to which trust money is deposited.\nholder , of a land trust’s account, means the land trust or other person authorised to operate the account.\ntrust money means any amount that is trust property.\ns 261 ins 2011 No. 26 s 78\n- (a) an account, with a financial institution, in the land trust’s name or in which the land trust has an interest; or\n- (b) another account to which trust money is deposited.","sortOrder":395},{"sectionNumber":"sec.262","sectionType":"section","heading":"Freezing land trust’s accounts","content":"### sec.262 Freezing land trust’s accounts\n\nThe chief executive may give a direction under subsection (2) if, on considering a report on an audit of a land trust’s accounts, it appears to the chief executive that—\nthe land trust, a member of the land trust or another person has, or may have, stolen, misappropriated or misapplied trust money; or\nthe accounts of the land trust are not being kept appropriately.\nThe chief executive may direct, by a notice, that—\nan amount must not be drawn from a stated account other than with the chief executive’s approval; or\na stated account may be operated only under stated conditions.\nThe direction must—\nbe given to the holder of the account and the financial institution where the account is kept; and\nstate the account to which it relates; and\nif it includes a direction under subsection (2) (b) , state the conditions under which the account may be operated.\ns 262 ins 2011 No. 26 s 78\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.262-ssec.1) The chief executive may give a direction under subsection (2) if, on considering a report on an audit of a land trust’s accounts, it appears to the chief executive that— the land trust, a member of the land trust or another person has, or may have, stolen, misappropriated or misapplied trust money; or the accounts of the land trust are not being kept appropriately.\n(sec.262-ssec.2) The chief executive may direct, by a notice, that— an amount must not be drawn from a stated account other than with the chief executive’s approval; or a stated account may be operated only under stated conditions.\n(sec.262-ssec.3) The direction must— be given to the holder of the account and the financial institution where the account is kept; and state the account to which it relates; and if it includes a direction under subsection (2) (b) , state the conditions under which the account may be operated.\n- (a) the land trust, a member of the land trust or another person has, or may have, stolen, misappropriated or misapplied trust money; or\n- (b) the accounts of the land trust are not being kept appropriately.\n- (a) an amount must not be drawn from a stated account other than with the chief executive’s approval; or\n- (b) a stated account may be operated only under stated conditions.\n- (a) be given to the holder of the account and the financial institution where the account is kept; and\n- (b) state the account to which it relates; and\n- (c) if it includes a direction under subsection (2) (b) , state the conditions under which the account may be operated.","sortOrder":396},{"sectionNumber":"sec.263","sectionType":"section","heading":"Financial institution must comply with direction","content":"### sec.263 Financial institution must comply with direction\n\nAfter the direction is given to a financial institution, and until it is withdrawn, the financial institution must not—\npay a cheque or other instrument drawn on the account stated in the direction unless the cheque or instrument is also signed by the chief executive; or\ngive effect to another transaction on the account that is not authorised because of the direction.\nMaximum penalty—100 penalty units.\nFor section 262 (2) (a) , the chief executive’s signature on the cheque or instrument is sufficient evidence of the chief executive’s approval to draw an amount from the account to honour the cheque or instrument.\ns 263 ins 2011 No. 26 s 78\n(sec.263-ssec.1) After the direction is given to a financial institution, and until it is withdrawn, the financial institution must not— pay a cheque or other instrument drawn on the account stated in the direction unless the cheque or instrument is also signed by the chief executive; or give effect to another transaction on the account that is not authorised because of the direction. Maximum penalty—100 penalty units.\n(sec.263-ssec.2) For section 262 (2) (a) , the chief executive’s signature on the cheque or instrument is sufficient evidence of the chief executive’s approval to draw an amount from the account to honour the cheque or instrument.\n- (a) pay a cheque or other instrument drawn on the account stated in the direction unless the cheque or instrument is also signed by the chief executive; or\n- (b) give effect to another transaction on the account that is not authorised because of the direction.","sortOrder":397},{"sectionNumber":"sec.264","sectionType":"section","heading":"Withdrawal of direction","content":"### sec.264 Withdrawal of direction\n\nThe chief executive may withdraw a direction given under section 262 at any time.\nIf the direction is withdrawn, the chief executive must immediately give all persons who were given the direction a notice, signed by the chief executive, that the direction has been withdrawn.\nA direction stops having effect when it is withdrawn.\ns 264 ins 2011 No. 26 s 78\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.264-ssec.1) The chief executive may withdraw a direction given under section 262 at any time.\n(sec.264-ssec.2) If the direction is withdrawn, the chief executive must immediately give all persons who were given the direction a notice, signed by the chief executive, that the direction has been withdrawn.\n(sec.264-ssec.3) A direction stops having effect when it is withdrawn.","sortOrder":398},{"sectionNumber":"pt.20-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":399},{"sectionNumber":"sec.265","sectionType":"section","heading":"Chief executive may prepare model rules","content":"### sec.265 Chief executive may prepare model rules\n\nThe chief executive may prepare model rules for land trusts.\nIn adopting changes to its rules, or adopting new rules, a land trust must have regard to the model rules prepared under subsection (1) .\nIf the chief executive prepares model rules under subsection (1) , the chief executive must give a copy of the model rules to each land trust.\ns 265 ins 2011 No. 26 s 78\n(sec.265-ssec.1) The chief executive may prepare model rules for land trusts.\n(sec.265-ssec.2) In adopting changes to its rules, or adopting new rules, a land trust must have regard to the model rules prepared under subsection (1) .\n(sec.265-ssec.3) If the chief executive prepares model rules under subsection (1) , the chief executive must give a copy of the model rules to each land trust.","sortOrder":400},{"sectionNumber":"sec.265A","sectionType":"section","heading":"Resolution of executive committee without meeting","content":"### sec.265A Resolution of executive committee without meeting\n\nA resolution of the executive committee of a land trust is validly made by the committee, even if it is not passed at a meeting of the committee, if—\nnotice of the proposed resolution is given, under procedures approved by the committee, to all members of the committee entitled to vote on the resolution (the voting members ); and\na majority of the voting members give written agreement to the resolution.\ns 265A ins 2013 No. 23 s 19\n- (a) notice of the proposed resolution is given, under procedures approved by the committee, to all members of the committee entitled to vote on the resolution (the voting members ); and\n- (b) a majority of the voting members give written agreement to the resolution.","sortOrder":401},{"sectionNumber":"sec.266","sectionType":"section","heading":"Provision about vesting of Aboriginal land","content":"### sec.266 Provision about vesting of Aboriginal land\n\nIf Aboriginal land is held by a land trust, the land is taken to have been vested in the land trust.\nSubsection (1) applies to Aboriginal land whether or not the land was first held by the land trust before the commencement of this section.\ns 266 ins 2011 No. 26 s 78\n(sec.266-ssec.1) If Aboriginal land is held by a land trust, the land is taken to have been vested in the land trust.\n(sec.266-ssec.2) Subsection (1) applies to Aboriginal land whether or not the land was first held by the land trust before the commencement of this section.","sortOrder":402},{"sectionNumber":"pt.21","sectionType":"part","heading":"Application of Trusts Act 1973","content":"# Application of Trusts Act 1973","sortOrder":403},{"sectionNumber":"pt.21-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":404},{"sectionNumber":"sec.267","sectionType":"section","heading":"Application of Trusts Act 1973","content":"### sec.267 Application of Trusts Act 1973\n\nThe Trusts Act 1973 applies to a land trust and its members in relation to dealings with Aboriginal land only to the extent prescribed under this part.\nTo the extent that the Trusts Act 1973 does apply to a land trust and its members in relation to dealings with Aboriginal land, it applies with the changes prescribed under this part.\nTo remove any doubt, it is declared that the Trusts Act 1973 applies, without changes, to a land trust and its members in relation to dealings with trust property that is not Aboriginal land.\ns 267 ins 2011 No. 26 s 78\n(sec.267-ssec.1) The Trusts Act 1973 applies to a land trust and its members in relation to dealings with Aboriginal land only to the extent prescribed under this part.\n(sec.267-ssec.2) To the extent that the Trusts Act 1973 does apply to a land trust and its members in relation to dealings with Aboriginal land, it applies with the changes prescribed under this part.\n(sec.267-ssec.3) To remove any doubt, it is declared that the Trusts Act 1973 applies, without changes, to a land trust and its members in relation to dealings with trust property that is not Aboriginal land.","sortOrder":405},{"sectionNumber":"sec.268","sectionType":"section","heading":"Functions and powers of land trust under Trusts Act 1973","content":"### sec.268 Functions and powers of land trust under Trusts Act 1973\n\nA land trust may perform all the functions and exercise all the powers of a trustee under the Trusts Act 1973 .\nSubsection (1) —\napplies subject to any other provision of this Act; and\ndoes not limit section 249 (2) .\ns 268 ins 2011 No. 26 s 78\n(sec.268-ssec.1) A land trust may perform all the functions and exercise all the powers of a trustee under the Trusts Act 1973 .\n(sec.268-ssec.2) Subsection (1) — applies subject to any other provision of this Act; and does not limit section 249 (2) .\n- (a) applies subject to any other provision of this Act; and\n- (b) does not limit section 249 (2) .","sortOrder":406},{"sectionNumber":"pt.21-div.2","sectionType":"division","heading":"Powers of Supreme Court","content":"## Powers of Supreme Court","sortOrder":407},{"sectionNumber":"sec.269","sectionType":"section","heading":"Jurisdiction of Supreme Court","content":"### sec.269 Jurisdiction of Supreme Court\n\nSubject to subsection (2) , the jurisdiction of the Supreme Court under the Trusts Act 1973 includes matters arising under this Act.\nThe powers of the Supreme Court under the Trusts Act 1973 are to be exercised—\nif provision is made in this part for a matter—in accordance with this part; or\notherwise—in a way that is consistent with, and best achieves, the purposes of this Act.\ns 269 ins 2011 No. 26 s 78\n(sec.269-ssec.1) Subject to subsection (2) , the jurisdiction of the Supreme Court under the Trusts Act 1973 includes matters arising under this Act.\n(sec.269-ssec.2) The powers of the Supreme Court under the Trusts Act 1973 are to be exercised— if provision is made in this part for a matter—in accordance with this part; or otherwise—in a way that is consistent with, and best achieves, the purposes of this Act.\n- (a) if provision is made in this part for a matter—in accordance with this part; or\n- (b) otherwise—in a way that is consistent with, and best achieves, the purposes of this Act.","sortOrder":408},{"sectionNumber":"sec.270","sectionType":"section","heading":"Power of court to relieve member of land trust from personal liability","content":"### sec.270 Power of court to relieve member of land trust from personal liability\n\nThis section applies if it appears to the Supreme Court that a member of a land trust is or may be personally liable for a breach of trust by the member, another member or the land trust.\nIf it appears to the court that the member—\nhas acted honestly and reasonably; and\nought fairly to be excused for the breach of trust or for omitting to obtain the directions of the court in the matter in which the member, the other member or the land trust committed the breach;\nthe court may relieve the member wholly or partly from personal liability for the breach.\ns 270 ins 2011 No. 26 s 78\n(sec.270-ssec.1) This section applies if it appears to the Supreme Court that a member of a land trust is or may be personally liable for a breach of trust by the member, another member or the land trust.\n(sec.270-ssec.2) If it appears to the court that the member— has acted honestly and reasonably; and ought fairly to be excused for the breach of trust or for omitting to obtain the directions of the court in the matter in which the member, the other member or the land trust committed the breach; the court may relieve the member wholly or partly from personal liability for the breach.\n- (a) has acted honestly and reasonably; and\n- (b) ought fairly to be excused for the breach of trust or for omitting to obtain the directions of the court in the matter in which the member, the other member or the land trust committed the breach;","sortOrder":409},{"sectionNumber":"sec.271","sectionType":"section","heading":"Court may order beneficiary to indemnify for certain breaches","content":"### sec.271 Court may order beneficiary to indemnify for certain breaches\n\nThis section applies if a land trust or a member of a land trust commits a breach of trust at the instigation or request of, or with the written consent of, a beneficiary.\nThe Supreme Court may, as it considers just, order that all or part of the interest of the beneficiary in the trust property is impounded to indemnify the land trust, the member or persons claiming through the land trust or member.\ns 271 ins 2011 No. 26 s 78\n(sec.271-ssec.1) This section applies if a land trust or a member of a land trust commits a breach of trust at the instigation or request of, or with the written consent of, a beneficiary.\n(sec.271-ssec.2) The Supreme Court may, as it considers just, order that all or part of the interest of the beneficiary in the trust property is impounded to indemnify the land trust, the member or persons claiming through the land trust or member.","sortOrder":410},{"sectionNumber":"sec.272","sectionType":"section","heading":"Right of land trust or member to apply to court for directions","content":"### sec.272 Right of land trust or member to apply to court for directions\n\nA land trust or member of a land trust may apply to the Supreme Court for directions in relation to—\nthe trust property of the land trust or its management or administration; or\nthe exercise of a power of the land trust or a member of the land trust.\nThe application must be served on, and the hearing of the application may be attended by—\nall persons interested in the application; or\nthe persons interested in the application, or their representatives, that the court considers appropriate.\ns 273 ins 2011 No. 26 s 78\n(sec.272-ssec.1) A land trust or member of a land trust may apply to the Supreme Court for directions in relation to— the trust property of the land trust or its management or administration; or the exercise of a power of the land trust or a member of the land trust.\n(sec.272-ssec.2) The application must be served on, and the hearing of the application may be attended by— all persons interested in the application; or the persons interested in the application, or their representatives, that the court considers appropriate.\n- (a) the trust property of the land trust or its management or administration; or\n- (b) the exercise of a power of the land trust or a member of the land trust.\n- (a) all persons interested in the application; or\n- (b) the persons interested in the application, or their representatives, that the court considers appropriate.","sortOrder":411},{"sectionNumber":"sec.273","sectionType":"section","heading":"Court’s jurisdiction to make orders conferring power on land trust or members","content":"### sec.273 Court’s jurisdiction to make orders conferring power on land trust or members\n\nThis section applies if, in the Supreme Court’s opinion, a disposition or transaction—\nis expedient for the management or administration of trust property by a land trust or members of a land trust; or\nwould be in the best interest of the Aboriginal people, or a majority of the Aboriginal people, for whose benefit the property is held;\nbut—\nit is inexpedient, difficult or impractical to effect the disposition or transaction without the assistance of the Supreme Court; or\nthe land trust or members do not have power under the Act to effect the disposition or transaction.\nThe Supreme Court may—\nconfer on the land trust or members the necessary power for the purpose of effecting the disposition or transaction (other than a power to sell or mortgage Aboriginal land), on such terms and subject to any conditions, as the court considers appropriate; and\ndirect the way that—\nany amount authorised to be spent, and the costs of the disposition or transaction, are to be paid or borne from trust property; and\nthe amount is to be apportioned between the capital and income of the trust property.\nThe Supreme Court may—\nrescind or vary an order under this section; or\nmake a new or further order.\nThe rescission or variation of an order does not affect anything done by a person relying on the order before the person became aware of the application to the court to rescind or vary the order.\nAn application to the court under this section may be made by—\na land trust; or\na member of a land trust; or\na person for whose benefit the trust property is held.\nIn this section—\ndisposition means a sale, lease, mortgage, surrender, release or another type of disposition.\ntransaction means a purchase, investment, acquisition, retention, expenditure or another type of transaction.\ns 273 ins 2011 No. 26 s 78\n(sec.273-ssec.1) This section applies if, in the Supreme Court’s opinion, a disposition or transaction— is expedient for the management or administration of trust property by a land trust or members of a land trust; or would be in the best interest of the Aboriginal people, or a majority of the Aboriginal people, for whose benefit the property is held; but— it is inexpedient, difficult or impractical to effect the disposition or transaction without the assistance of the Supreme Court; or the land trust or members do not have power under the Act to effect the disposition or transaction.\n(sec.273-ssec.2) The Supreme Court may— confer on the land trust or members the necessary power for the purpose of effecting the disposition or transaction (other than a power to sell or mortgage Aboriginal land), on such terms and subject to any conditions, as the court considers appropriate; and direct the way that— any amount authorised to be spent, and the costs of the disposition or transaction, are to be paid or borne from trust property; and the amount is to be apportioned between the capital and income of the trust property.\n(sec.273-ssec.3) The Supreme Court may— rescind or vary an order under this section; or make a new or further order.\n(sec.273-ssec.4) The rescission or variation of an order does not affect anything done by a person relying on the order before the person became aware of the application to the court to rescind or vary the order.\n(sec.273-ssec.5) An application to the court under this section may be made by— a land trust; or a member of a land trust; or a person for whose benefit the trust property is held.\n(sec.273-ssec.6) In this section— disposition means a sale, lease, mortgage, surrender, release or another type of disposition. transaction means a purchase, investment, acquisition, retention, expenditure or another type of transaction.\n- (a) is expedient for the management or administration of trust property by a land trust or members of a land trust; or\n- (b) would be in the best interest of the Aboriginal people, or a majority of the Aboriginal people, for whose benefit the property is held;\n- (c) it is inexpedient, difficult or impractical to effect the disposition or transaction without the assistance of the Supreme Court; or\n- (d) the land trust or members do not have power under the Act to effect the disposition or transaction.\n- (a) confer on the land trust or members the necessary power for the purpose of effecting the disposition or transaction (other than a power to sell or mortgage Aboriginal land), on such terms and subject to any conditions, as the court considers appropriate; and\n- (b) direct the way that— (i) any amount authorised to be spent, and the costs of the disposition or transaction, are to be paid or borne from trust property; and (ii) the amount is to be apportioned between the capital and income of the trust property.\n- (i) any amount authorised to be spent, and the costs of the disposition or transaction, are to be paid or borne from trust property; and\n- (ii) the amount is to be apportioned between the capital and income of the trust property.\n- (i) any amount authorised to be spent, and the costs of the disposition or transaction, are to be paid or borne from trust property; and\n- (ii) the amount is to be apportioned between the capital and income of the trust property.\n- (a) rescind or vary an order under this section; or\n- (b) make a new or further order.\n- (a) a land trust; or\n- (b) a member of a land trust; or\n- (c) a person for whose benefit the trust property is held.","sortOrder":412},{"sectionNumber":"sec.274","sectionType":"section","heading":"Protection of land trust or member while acting under direction of court","content":"### sec.274 Protection of land trust or member while acting under direction of court\n\nIf a land trust or member of a land trust acts under direction of the Supreme Court, the land trust or member is to be taken to have discharged the duty as trustee in the subject matter of the direction.\nSubsection (1) applies even if the direction is subsequently declared invalid, overruled, set aside or otherwise rendered of no effect or varied.\nThis section does not indemnify a land trust or member of a land trust in relation to an act done in accordance with a direction of the court obtained by the land trust or member by fraud, wilful concealment or misrepresentation or in acquiescence in the fraud, wilful concealment or misrepresentation.\ns 274 ins 2011 No. 26 s 78\n(sec.274-ssec.1) If a land trust or member of a land trust acts under direction of the Supreme Court, the land trust or member is to be taken to have discharged the duty as trustee in the subject matter of the direction.\n(sec.274-ssec.2) Subsection (1) applies even if the direction is subsequently declared invalid, overruled, set aside or otherwise rendered of no effect or varied.\n(sec.274-ssec.3) This section does not indemnify a land trust or member of a land trust in relation to an act done in accordance with a direction of the court obtained by the land trust or member by fraud, wilful concealment or misrepresentation or in acquiescence in the fraud, wilful concealment or misrepresentation.","sortOrder":413},{"sectionNumber":"sec.275","sectionType":"section","heading":"Power of Supreme Court to make orders in absence of member","content":"### sec.275 Power of Supreme Court to make orders in absence of member\n\nIf, in a proceeding under this Act, the Supreme Court is satisfied that—\na diligent search has been made for a member of a land trust who is named as a party in an action; and\nthe member can not be found to serve the member with a process of the court;\nthe court may hear and decide the proceeding and give judgment against the member as if the member had been served or had entered an appearance in the action, and had also appeared by counsel or solicitor at the hearing.\nSubsection (1) applies without prejudice to any interest the member may have in the matter in question in the proceeding in any other capacity.\nIf a member, at the time of the proceeding—\nis not within the jurisdiction; or\nis under a disability; or\ncan not be found;\nthe court may appoint a person to represent the member and may proceed in the absence of the member, and all orders made in the proceeding are binding on the member as if the member had been present and of full capacity.\ns 275 ins 2011 No. 26 s 78\n(sec.275-ssec.1) If, in a proceeding under this Act, the Supreme Court is satisfied that— a diligent search has been made for a member of a land trust who is named as a party in an action; and the member can not be found to serve the member with a process of the court; the court may hear and decide the proceeding and give judgment against the member as if the member had been served or had entered an appearance in the action, and had also appeared by counsel or solicitor at the hearing.\n(sec.275-ssec.2) Subsection (1) applies without prejudice to any interest the member may have in the matter in question in the proceeding in any other capacity.\n(sec.275-ssec.3) If a member, at the time of the proceeding— is not within the jurisdiction; or is under a disability; or can not be found; the court may appoint a person to represent the member and may proceed in the absence of the member, and all orders made in the proceeding are binding on the member as if the member had been present and of full capacity.\n- (a) a diligent search has been made for a member of a land trust who is named as a party in an action; and\n- (b) the member can not be found to serve the member with a process of the court;\n- (a) is not within the jurisdiction; or\n- (b) is under a disability; or\n- (c) can not be found;","sortOrder":414},{"sectionNumber":"sec.276","sectionType":"section","heading":"Power of Supreme Court to charge costs on trust property","content":"### sec.276 Power of Supreme Court to charge costs on trust property\n\nThe Supreme Court may order the cost and expenses of, and incidental to, an application for an order or direction under this part to be—\npaid or raised out of the trust property (other than Aboriginal land) as the court considers appropriate; or\nborne and paid in the way and by the persons as the court considers just.\ns 276 ins 2011 No. 26 s 78\n- (a) paid or raised out of the trust property (other than Aboriginal land) as the court considers appropriate; or\n- (b) borne and paid in the way and by the persons as the court considers just.","sortOrder":415},{"sectionNumber":"pt.22","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":416},{"sectionNumber":"sec.277","sectionType":"section","heading":"Who may appeal","content":"### sec.277 Who may appeal\n\nA person who made representations to the Minister under part 2 , division 4 about a proposed declaration under section 16 (1) (d) may appeal to the Land Court against the decision to make the declaration.\nA person who is given, or is entitled to be given, an information notice for a decision under part 2A may appeal to the Land Court against the decision.\nA lessee of a home ownership lease the subject of a decision under section 136 to not renew the lease may appeal to the Land Court against the decision.\nA person the subject of a decision under section 142 about an amount payable to the person for forfeiture or non-renewal of a home ownership lease may appeal to the Land Court against the decision.\nA member of a land trust who is given, or is entitled to be given, an information notice under part 20 , division 2 about a decision to remove or suspend the member from the land trust may appeal to the Land Court against the decision.\ns 277 ins 2011 No. 26 s 78\namd 2014 No. 45 s 21\n(sec.277-ssec.1) A person who made representations to the Minister under part 2 , division 4 about a proposed declaration under section 16 (1) (d) may appeal to the Land Court against the decision to make the declaration.\n(sec.277-ssec.2) A person who is given, or is entitled to be given, an information notice for a decision under part 2A may appeal to the Land Court against the decision.\n(sec.277-ssec.3) A lessee of a home ownership lease the subject of a decision under section 136 to not renew the lease may appeal to the Land Court against the decision.\n(sec.277-ssec.4) A person the subject of a decision under section 142 about an amount payable to the person for forfeiture or non-renewal of a home ownership lease may appeal to the Land Court against the decision.\n(sec.277-ssec.5) A member of a land trust who is given, or is entitled to be given, an information notice under part 20 , division 2 about a decision to remove or suspend the member from the land trust may appeal to the Land Court against the decision.","sortOrder":417},{"sectionNumber":"sec.278","sectionType":"section","heading":"Starting appeal","content":"### sec.278 Starting appeal\n\nAn appeal is started by filing notice of appeal with the registrar of the Land Court.\nThe notice of appeal must be filed within 28 days after the person receives the notice of the decision or information notice about the decision.\nHowever, the Land Court may, at any time within the 28 days, extend the period for making the appeal.\ns 278 ins 2011 No. 26 s 78\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.278-ssec.1) An appeal is started by filing notice of appeal with the registrar of the Land Court.\n(sec.278-ssec.2) The notice of appeal must be filed within 28 days after the person receives the notice of the decision or information notice about the decision.\n(sec.278-ssec.3) However, the Land Court may, at any time within the 28 days, extend the period for making the appeal.","sortOrder":418},{"sectionNumber":"sec.279","sectionType":"section","heading":"Nature of appeal","content":"### sec.279 Nature of appeal\n\nThe appeal is by way of rehearing, unaffected by the decision, on the material before the decision-maker and any further evidence allowed by the Land Court.\ns 279 ins 2011 No. 26 s 78","sortOrder":419},{"sectionNumber":"sec.280","sectionType":"section","heading":"Notice of appeal","content":"### sec.280 Notice of appeal\n\nA person who appeals against a decision under this part must give a copy of the notice of appeal to—\nfor a decision mentioned in section 277 (1) , (2) , (3) or (4) —the decision-maker; or\nfor a decision mentioned in section 277 (5) —the decision-maker and the land trust.\ns 280 ins 2011 No. 26 s 78\namd 2014 No. 45 s 22\n- (a) for a decision mentioned in section 277 (1) , (2) , (3) or (4) —the decision-maker; or\n- (b) for a decision mentioned in section 277 (5) —the decision-maker and the land trust.","sortOrder":420},{"sectionNumber":"sec.281","sectionType":"section","heading":"Powers of Land Court on appeal","content":"### sec.281 Powers of Land Court on appeal\n\nIn deciding the appeal, the Land Court has the same powers as the decision-maker.\nThe Land Court may—\nconfirm the decision; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the issue to the decision-maker with directions the court considers appropriate.\nIf the Land Court substitutes another decision, the substituted decision is, other than for the purpose of an appeal under this part, taken to be the decision of the decision-maker.\ns 281 ins 2011 No. 26 s 78\n(sec.281-ssec.1) In deciding the appeal, the Land Court has the same powers as the decision-maker.\n(sec.281-ssec.2) The Land Court may— confirm the decision; or set aside the decision and substitute another decision; or set aside the decision and return the issue to the decision-maker with directions the court considers appropriate.\n(sec.281-ssec.3) If the Land Court substitutes another decision, the substituted decision is, other than for the purpose of an appeal under this part, taken to be the decision of the decision-maker.\n- (a) confirm the decision; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the issue to the decision-maker with directions the court considers appropriate.","sortOrder":421},{"sectionNumber":"pt.23","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":422},{"sectionNumber":"sec.282","sectionType":"section","heading":"Creation of interests in transferable and claimable land","content":"### sec.282 Creation of interests in transferable and claimable land\n\nNothing in this Act prevents the creation of an interest in transferable land if—\nthe interest is a—\nmining interest; or\ngeothermal tenure under the Geothermal Energy Act 2010 ; or\nGHG authority under the Greenhouse Gas Storage Act 2009 ; or\nthe interest is a residential tenancy; or\nthe interest is a lease or permit granted in relation to transferable land that is Aboriginal trust land; or\nthe interest is the transfer, mortgage or sublease of a trustee (Aboriginal) lease; or\nfor another interest—the Minister, subject to subsection (2) , consents to the creation of the interest.\nThe Minister must not consent under subsection (1) (e) to the creation of the interest unless the Minister is satisfied that the creation of the interest is for the benefit of Aboriginal people particularly concerned with the land.\nThe Minister may give a relevant entity a written authority dispensing with the need to obtain the Minister’s consent to the creation of a particular type of interest in transferable land if the Minister considers it is appropriate in all the circumstances to give the authority.\nNothing in this Act prevents the creation of an interest in claimable land that is not transferred land (whether or not a claim has been made under this Act for the land) if—\nthe interest is a—\nmining interest; or\ngeothermal tenure under the Geothermal Energy Act 2010 ; or\nGHG authority under the Greenhouse Gas Storage Act 2009 ; or\nfor another interest—the Minister, subject to subsection (5) , consents to the creation of the interest.\nThe Minister must not consent under subsection (4) (b) to the creation of the interest unless the Minister is satisfied that—\nthe creation of the interest is for the benefit of Aboriginal people particularly concerned with the land; or\nthe interest will cease to have effect before, or if and when, the land becomes Aboriginal land.\nThis section has effect despite anything in any other Act.\nIn this section—\nrelevant entity means—\na trustee, under the Land Act , of Aboriginal trust land; or\nthe Council of the Shire of Aurukun or the Council of the Shire of Mornington.\ns 282 amd 2004 No. 12 s 142 ; 2008 No. 29 s 51 ; 2011 No. 26 s 79 ; 2010 No. 31 s 493 sch 2 pt 4\n(sec.282-ssec.1) Nothing in this Act prevents the creation of an interest in transferable land if— the interest is a— mining interest; or geothermal tenure under the Geothermal Energy Act 2010 ; or GHG authority under the Greenhouse Gas Storage Act 2009 ; or the interest is a residential tenancy; or the interest is a lease or permit granted in relation to transferable land that is Aboriginal trust land; or the interest is the transfer, mortgage or sublease of a trustee (Aboriginal) lease; or for another interest—the Minister, subject to subsection (2) , consents to the creation of the interest.\n(sec.282-ssec.2) The Minister must not consent under subsection (1) (e) to the creation of the interest unless the Minister is satisfied that the creation of the interest is for the benefit of Aboriginal people particularly concerned with the land.\n(sec.282-ssec.3) The Minister may give a relevant entity a written authority dispensing with the need to obtain the Minister’s consent to the creation of a particular type of interest in transferable land if the Minister considers it is appropriate in all the circumstances to give the authority.\n(sec.282-ssec.4) Nothing in this Act prevents the creation of an interest in claimable land that is not transferred land (whether or not a claim has been made under this Act for the land) if— the interest is a— mining interest; or geothermal tenure under the Geothermal Energy Act 2010 ; or GHG authority under the Greenhouse Gas Storage Act 2009 ; or for another interest—the Minister, subject to subsection (5) , consents to the creation of the interest.\n(sec.282-ssec.5) The Minister must not consent under subsection (4) (b) to the creation of the interest unless the Minister is satisfied that— the creation of the interest is for the benefit of Aboriginal people particularly concerned with the land; or the interest will cease to have effect before, or if and when, the land becomes Aboriginal land.\n(sec.282-ssec.6) This section has effect despite anything in any other Act.\n(sec.282-ssec.7) In this section— relevant entity means— a trustee, under the Land Act , of Aboriginal trust land; or the Council of the Shire of Aurukun or the Council of the Shire of Mornington.\n- (a) the interest is a— (i) mining interest; or (ii) geothermal tenure under the Geothermal Energy Act 2010 ; or (iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or\n- (i) mining interest; or\n- (ii) geothermal tenure under the Geothermal Energy Act 2010 ; or\n- (iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or\n- (b) the interest is a residential tenancy; or\n- (c) the interest is a lease or permit granted in relation to transferable land that is Aboriginal trust land; or\n- (d) the interest is the transfer, mortgage or sublease of a trustee (Aboriginal) lease; or\n- (e) for another interest—the Minister, subject to subsection (2) , consents to the creation of the interest.\n- (i) mining interest; or\n- (ii) geothermal tenure under the Geothermal Energy Act 2010 ; or\n- (iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or\n- (a) the interest is a— (i) mining interest; or (ii) geothermal tenure under the Geothermal Energy Act 2010 ; or (iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or\n- (i) mining interest; or\n- (ii) geothermal tenure under the Geothermal Energy Act 2010 ; or\n- (iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or\n- (b) for another interest—the Minister, subject to subsection (5) , consents to the creation of the interest.\n- (i) mining interest; or\n- (ii) geothermal tenure under the Geothermal Energy Act 2010 ; or\n- (iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or\n- (a) the creation of the interest is for the benefit of Aboriginal people particularly concerned with the land; or\n- (b) the interest will cease to have effect before, or if and when, the land becomes Aboriginal land.\n- (a) a trustee, under the Land Act , of Aboriginal trust land; or\n- (b) the Council of the Shire of Aurukun or the Council of the Shire of Mornington.","sortOrder":423},{"sectionNumber":"sec.283","sectionType":"section","heading":"Rights of access to interests preserved","content":"### sec.283 Rights of access to interests preserved\n\nThis section applies if—\na person has an interest in land (the person’s land ); and\nthe person’s land is—\nsurrounded by Aboriginal land; or\nin the vicinity of Aboriginal land and the only practicable way of gaining access to the person’s land is across the Aboriginal land.\nThe person and the person’s officers, employees, agents, servants, licensees and invitees are entitled, with or without vehicles, machinery, plant and equipment (of any description), to enter and cross Aboriginal land for the purpose of gaining access to the person’s land by a route—\nthat is agreed on from time to time by the trustee of the Aboriginal land and the person; or\nif the trustee and the person fail to agree within a reasonable time—that is determined by the Land Court on application by the person.\nThe trustee of Aboriginal land, other than a registered native title body corporate, must not agree on a route for the purposes of subsection (2) (a) unless—\nthe trustee has explained to the Aboriginal people particularly concerned with the land the purpose and effect of the proposed route; and\nthose Aboriginal people are given an adequate opportunity to express their views on, and are generally in agreement with, the proposed route.\nContravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (a) .\nIf the only practicable way of gaining access to the person’s land is across Aboriginal land that is the subject of a townsite lease or other registered interest ( relevant land )—\nsubsection (2) applies to the relevant land as if the reference to the trustee of the Aboriginal land, or the trustee, were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and\nsubsection (3) does not apply.\nSubsection (5) does not affect the operation of subsections (2) and (3) in relation to Aboriginal land that is not relevant land.\ns 283 amd 2008 No. 29 s 52 ; 2011 No. 26 s 80\n(sec.283-ssec.1) This section applies if— a person has an interest in land (the person’s land ); and the person’s land is— surrounded by Aboriginal land; or in the vicinity of Aboriginal land and the only practicable way of gaining access to the person’s land is across the Aboriginal land.\n(sec.283-ssec.2) The person and the person’s officers, employees, agents, servants, licensees and invitees are entitled, with or without vehicles, machinery, plant and equipment (of any description), to enter and cross Aboriginal land for the purpose of gaining access to the person’s land by a route— that is agreed on from time to time by the trustee of the Aboriginal land and the person; or if the trustee and the person fail to agree within a reasonable time—that is determined by the Land Court on application by the person.\n(sec.283-ssec.3) The trustee of Aboriginal land, other than a registered native title body corporate, must not agree on a route for the purposes of subsection (2) (a) unless— the trustee has explained to the Aboriginal people particularly concerned with the land the purpose and effect of the proposed route; and those Aboriginal people are given an adequate opportunity to express their views on, and are generally in agreement with, the proposed route.\n(sec.283-ssec.4) Contravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (a) .\n(sec.283-ssec.5) If the only practicable way of gaining access to the person’s land is across Aboriginal land that is the subject of a townsite lease or other registered interest ( relevant land )— subsection (2) applies to the relevant land as if the reference to the trustee of the Aboriginal land, or the trustee, were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and subsection (3) does not apply.\n(sec.283-ssec.6) Subsection (5) does not affect the operation of subsections (2) and (3) in relation to Aboriginal land that is not relevant land.\n- (a) a person has an interest in land (the person’s land ); and\n- (b) the person’s land is— (i) surrounded by Aboriginal land; or (ii) in the vicinity of Aboriginal land and the only practicable way of gaining access to the person’s land is across the Aboriginal land.\n- (i) surrounded by Aboriginal land; or\n- (ii) in the vicinity of Aboriginal land and the only practicable way of gaining access to the person’s land is across the Aboriginal land.\n- (i) surrounded by Aboriginal land; or\n- (ii) in the vicinity of Aboriginal land and the only practicable way of gaining access to the person’s land is across the Aboriginal land.\n- (a) that is agreed on from time to time by the trustee of the Aboriginal land and the person; or\n- (b) if the trustee and the person fail to agree within a reasonable time—that is determined by the Land Court on application by the person.\n- (a) the trustee has explained to the Aboriginal people particularly concerned with the land the purpose and effect of the proposed route; and\n- (b) those Aboriginal people are given an adequate opportunity to express their views on, and are generally in agreement with, the proposed route.\n- (a) subsection (2) applies to the relevant land as if the reference to the trustee of the Aboriginal land, or the trustee, were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and\n- (b) subsection (3) does not apply.","sortOrder":424},{"sectionNumber":"sec.284","sectionType":"section","heading":"National park subject to lease to State etc.","content":"### sec.284 National park subject to lease to State etc.\n\nIf transferred land or granted land is, or includes part of, a national park (the national park land ), the grant of the national park land—\nis subject to the condition that the grantee leases the national park land, in perpetuity, to the State for the purposes of the management of the national park land under the Nature Conservation Act 1992 ; and\nis subject to the conditions prescribed under a regulation for the national park land or national parks generally.\nThere is to be a board of management for the national park land.\nSubject to subsections (4) and (5) , the board of management is to be composed in the way approved by the Minister.\nThe Aboriginal people particularly concerned with the national park land are to be represented on the board of management if the land is granted other than to a registered native title body corporate.\nIf the national park land is granted to a registered native title body corporate, the registered native title body corporate is to be represented on the board of management.\nThe Minister must, in cooperation with the board of management and before the grant of the land, prepare a management plan for the national park land.\nThe Nature Conservation Act 1992 , part 7 applies to the management plan as if it were a management plan prepared under section 112 of that Act.\nIn the preparation of a management plan, the Minister must—\nif the national park land is granted other than to a registered native title body corporate—consult with, and consider the views of, the Aboriginal people particularly concerned with the national park land; and\nsubject to this section and the Nature Conservation Act 1992 , have regard to any Aboriginal tradition applicable to the national park land (including any tradition relating to activities on the national park land).\nThe lease of the national park land must be subject to the following conditions—\nthat the national park is to be managed in accordance with the management plan as in force from time to time;\nthat the management plan is to be implemented by the board of management.\nThe grantee of the transferred land or granted land must—\nsign a lease of the national park land in registrable form containing the required conditions and such other terms and conditions as are agreed; and\ngive the signed lease to the Minister before or at the time of delivery of the deed of grant issued under section 38 or 74 in relation to the land.\nNothing in this Act or a management plan or lease under this section is to result in a decrease, in the aggregate, in the public rights of access that existed in relation to the national park land immediately before the land became transferable land or claimable land.\nIn this section—\nmanagement plan , for national park land, means a statement of specific objectives and policies relating to the planning, use, development and management of the national park land.\nMinister means the Minister administering the Nature Conservation Act 1992 .\nnational park does not include a national park—\nin the Cape York Peninsula Region; or\nin the North Stradbroke Island Region; or\non Moreton Island.\ns 284 (prev s 83) sub 1992 No. 20 s 159 sch 2\namd 1993 No. 85 s 162B (amd 1994 No. 61 s 2 sch 2 ); 1995 No. 57 s 4 sch 1 ; 2007 No. 48 s 37 ; 2008 No. 29 s 38 (1) – (6)\nrenum and reloc 2008 No. 29 s 38 (7)\namd 2011 No. 26 ss 81 , 189 sch ; 2013 No. 55 s 5 ; 2021 No. 11 s 9\n(sec.284-ssec.1) If transferred land or granted land is, or includes part of, a national park (the national park land ), the grant of the national park land— is subject to the condition that the grantee leases the national park land, in perpetuity, to the State for the purposes of the management of the national park land under the Nature Conservation Act 1992 ; and is subject to the conditions prescribed under a regulation for the national park land or national parks generally.\n(sec.284-ssec.2) There is to be a board of management for the national park land.\n(sec.284-ssec.3) Subject to subsections (4) and (5) , the board of management is to be composed in the way approved by the Minister.\n(sec.284-ssec.4) The Aboriginal people particularly concerned with the national park land are to be represented on the board of management if the land is granted other than to a registered native title body corporate.\n(sec.284-ssec.5) If the national park land is granted to a registered native title body corporate, the registered native title body corporate is to be represented on the board of management.\n(sec.284-ssec.6) The Minister must, in cooperation with the board of management and before the grant of the land, prepare a management plan for the national park land.\n(sec.284-ssec.7) The Nature Conservation Act 1992 , part 7 applies to the management plan as if it were a management plan prepared under section 112 of that Act.\n(sec.284-ssec.8) In the preparation of a management plan, the Minister must— if the national park land is granted other than to a registered native title body corporate—consult with, and consider the views of, the Aboriginal people particularly concerned with the national park land; and subject to this section and the Nature Conservation Act 1992 , have regard to any Aboriginal tradition applicable to the national park land (including any tradition relating to activities on the national park land).\n(sec.284-ssec.9) The lease of the national park land must be subject to the following conditions— that the national park is to be managed in accordance with the management plan as in force from time to time; that the management plan is to be implemented by the board of management.\n(sec.284-ssec.10) The grantee of the transferred land or granted land must— sign a lease of the national park land in registrable form containing the required conditions and such other terms and conditions as are agreed; and give the signed lease to the Minister before or at the time of delivery of the deed of grant issued under section 38 or 74 in relation to the land.\n(sec.284-ssec.11) Nothing in this Act or a management plan or lease under this section is to result in a decrease, in the aggregate, in the public rights of access that existed in relation to the national park land immediately before the land became transferable land or claimable land.\n(sec.284-ssec.12) In this section— management plan , for national park land, means a statement of specific objectives and policies relating to the planning, use, development and management of the national park land. Minister means the Minister administering the Nature Conservation Act 1992 . national park does not include a national park— in the Cape York Peninsula Region; or in the North Stradbroke Island Region; or on Moreton Island.\n- (a) is subject to the condition that the grantee leases the national park land, in perpetuity, to the State for the purposes of the management of the national park land under the Nature Conservation Act 1992 ; and\n- (b) is subject to the conditions prescribed under a regulation for the national park land or national parks generally.\n- (a) if the national park land is granted other than to a registered native title body corporate—consult with, and consider the views of, the Aboriginal people particularly concerned with the national park land; and\n- (b) subject to this section and the Nature Conservation Act 1992 , have regard to any Aboriginal tradition applicable to the national park land (including any tradition relating to activities on the national park land).\n- (a) that the national park is to be managed in accordance with the management plan as in force from time to time;\n- (b) that the management plan is to be implemented by the board of management.\n- (a) sign a lease of the national park land in registrable form containing the required conditions and such other terms and conditions as are agreed; and\n- (b) give the signed lease to the Minister before or at the time of delivery of the deed of grant issued under section 38 or 74 in relation to the land.\n- (a) in the Cape York Peninsula Region; or\n- (b) in the North Stradbroke Island Region; or\n- (c) on Moreton Island.","sortOrder":425},{"sectionNumber":"sec.285","sectionType":"section","heading":"Persons and bodies representing State or Commonwealth","content":"### sec.285 Persons and bodies representing State or Commonwealth\n\nThe regulations may declare that a person or body is to be treated for the purposes of this Act, or a particular provision of this Act, as representing, or as not representing, the State or the Commonwealth (whether generally or in relation to a particular area or class of land).\ns 285 amd 2008 No. 29 s 3 sch","sortOrder":426},{"sectionNumber":"sec.286","sectionType":"section","heading":"Delegation by Minister","content":"### sec.286 Delegation by Minister\n\nThe Minister may, by signed writing, delegate to an officer of the public service all or any of the Minister’s powers under or in relation to this Act.\ns 286 amd 2008 No. 29 s 53 ; 2011 No. 26 s 82","sortOrder":427},{"sectionNumber":"sec.287","sectionType":"section","heading":"Amendment of description of land","content":"### sec.287 Amendment of description of land\n\nIf, at any time after a deed of grant under this Act takes effect, greater certainty, by survey or otherwise, is obtained as to the boundaries of the land, the trustee must, on receipt of a written notice to do so by the chief executive, surrender to the State the deed to the land within such reasonable period as is specified in the notice.\nOn surrender of the deed, a new deed of grant delineating the amended boundaries is to be issued to the trustee.\nThe new deed of grant is to be issued on the same ground (if any) as the surrendered deed of grant.\nThe registrar must endorse on the new deed of grant, in the proper order or priority, the instruments under which existing relevant interests arose.\ns 287 amd 2008 No. 29 s 54 ; 2011 No. 26 s 84 ; 2021 No. 12 s 148 sch 3\n(sec.287-ssec.1) If, at any time after a deed of grant under this Act takes effect, greater certainty, by survey or otherwise, is obtained as to the boundaries of the land, the trustee must, on receipt of a written notice to do so by the chief executive, surrender to the State the deed to the land within such reasonable period as is specified in the notice.\n(sec.287-ssec.2) On surrender of the deed, a new deed of grant delineating the amended boundaries is to be issued to the trustee.\n(sec.287-ssec.3) The new deed of grant is to be issued on the same ground (if any) as the surrendered deed of grant.\n(sec.287-ssec.4) The registrar must endorse on the new deed of grant, in the proper order or priority, the instruments under which existing relevant interests arose.","sortOrder":428},{"sectionNumber":"sec.288","sectionType":"section","heading":"Dealing with particular trust property","content":"### sec.288 Dealing with particular trust property\n\nSubsection (2) applies to a trustee, other than the State, if the trustee receives an amount paid under section 128 for the price of a dwelling.\nThe trustee must ensure an amount equal to the amount received is used by the trustee for housing services for Aboriginal people concerned with the land held by the trustee.\nSubsection (4) applies to the lessee of a townsite lease if the lessee receives an amount paid under section 128 for the price of a dwelling.\nThe lessee must ensure an amount equal to the amount received is used by the lessee for housing services for Aboriginal people concerned with the land the subject of the townsite lease.\nSubsection (6) applies to the trustee of available land if the trustee receives an amount for a social housing dwelling situated on the available land.\nThe trustee must ensure an amount equal to the amount received is used by the trustee for housing services for Aboriginal people concerned with the land held by the trustee.\nIn this section—\nhousing service means—\nproviding housing to an individual for residential use; or\nany of the following kinds of service—\ntenant advisory services;\ntenant advocacy services;\nhome maintenance services;\nhome modification services;\nhousing-related referral and information services.\ntrustee includes a trustee, under the Land Act , of Aboriginal trust land.\ns 288 ins 2008 No. 29 s 55\nsub 2011 No. 26 s 85\namd 2014 No. 45 s 23 ; 2019 No. 7 s 16\n(sec.288-ssec.1) Subsection (2) applies to a trustee, other than the State, if the trustee receives an amount paid under section 128 for the price of a dwelling.\n(sec.288-ssec.2) The trustee must ensure an amount equal to the amount received is used by the trustee for housing services for Aboriginal people concerned with the land held by the trustee.\n(sec.288-ssec.3) Subsection (4) applies to the lessee of a townsite lease if the lessee receives an amount paid under section 128 for the price of a dwelling.\n(sec.288-ssec.4) The lessee must ensure an amount equal to the amount received is used by the lessee for housing services for Aboriginal people concerned with the land the subject of the townsite lease.\n(sec.288-ssec.5) Subsection (6) applies to the trustee of available land if the trustee receives an amount for a social housing dwelling situated on the available land.\n(sec.288-ssec.6) The trustee must ensure an amount equal to the amount received is used by the trustee for housing services for Aboriginal people concerned with the land held by the trustee.\n(sec.288-ssec.7) In this section— housing service means— providing housing to an individual for residential use; or any of the following kinds of service— tenant advisory services; tenant advocacy services; home maintenance services; home modification services; housing-related referral and information services. trustee includes a trustee, under the Land Act , of Aboriginal trust land.\n- (a) providing housing to an individual for residential use; or\n- (b) any of the following kinds of service— (i) tenant advisory services; (ii) tenant advocacy services; (iii) home maintenance services; (iv) home modification services; (v) housing-related referral and information services.\n- (i) tenant advisory services;\n- (ii) tenant advocacy services;\n- (iii) home maintenance services;\n- (iv) home modification services;\n- (v) housing-related referral and information services.\n- (i) tenant advisory services;\n- (ii) tenant advocacy services;\n- (iii) home maintenance services;\n- (iv) home modification services;\n- (v) housing-related referral and information services.","sortOrder":429},{"sectionNumber":"sec.289","sectionType":"section","heading":"Register of particular declarations","content":"### sec.289 Register of particular declarations\n\nThe chief executive must keep a register of declarations made by the Minister under the following sections—\nsection 10 (1) (c) ;\nsection 12 (1) ;\nsection 27 (1) ;\nsection 28 (2) ;\nsection 55 (1) or (2) ;\nsection 82 (1) or (4) ;\nsection 258 (2) .\nThe register may be kept in a way the chief executive considers appropriate, including, for example, in electronic form.\nThe chief executive must make the information contained in the register publicly available on the department’s website free of charge.\ns 289 prev s 289 ins 2008 No. 29 s 55\namd 2008 No. 73 s 554 sch 1\nom 2014 No. 45 s 24\npres s 289 ins 2019 No. 17 s 20\n(sec.289-ssec.1) The chief executive must keep a register of declarations made by the Minister under the following sections— section 10 (1) (c) ; section 12 (1) ; section 27 (1) ; section 28 (2) ; section 55 (1) or (2) ; section 82 (1) or (4) ; section 258 (2) .\n(sec.289-ssec.2) The register may be kept in a way the chief executive considers appropriate, including, for example, in electronic form.\n(sec.289-ssec.3) The chief executive must make the information contained in the register publicly available on the department’s website free of charge.\n- (a) section 10 (1) (c) ;\n- (b) section 12 (1) ;\n- (c) section 27 (1) ;\n- (d) section 28 (2) ;\n- (e) section 55 (1) or (2) ;\n- (f) section 82 (1) or (4) ;\n- (g) section 258 (2) .","sortOrder":430},{"sectionNumber":"sec.290","sectionType":"section","heading":"Survey costs etc. to be paid by State","content":"### sec.290 Survey costs etc. to be paid by State\n\nSurvey costs incurred in relation to the preparation of a deed of grant under section 38 , 74 or 287 are to be paid by the State.\nNo fees or charges are payable for the preparation and registration of—\na deed of grant in fee simple under this Act; or\na lease prepared for section 284 ; or\na surrender, under or for this Act, of a deed of grant or lease mentioned in paragraph (a) or (b) .\nThis section has effect despite any other Act.\ns 290 amd 2001 No. 71 s 551 sch 1 ; 2008 No. 29 s 3 sch ; 2011 No. 26 s 86\n(sec.290-ssec.1) Survey costs incurred in relation to the preparation of a deed of grant under section 38 , 74 or 287 are to be paid by the State.\n(sec.290-ssec.2) No fees or charges are payable for the preparation and registration of— a deed of grant in fee simple under this Act; or a lease prepared for section 284 ; or a surrender, under or for this Act, of a deed of grant or lease mentioned in paragraph (a) or (b) .\n(sec.290-ssec.3) This section has effect despite any other Act.\n- (a) a deed of grant in fee simple under this Act; or\n- (b) a lease prepared for section 284 ; or\n- (c) a surrender, under or for this Act, of a deed of grant or lease mentioned in paragraph (a) or (b) .","sortOrder":431},{"sectionNumber":"sec.291","sectionType":"section","heading":"Application of Financial Accountability Act 2009","content":"### sec.291 Application of Financial Accountability Act 2009\n\nA land trust is not a statutory body for the Financial Accountability Act 2009 .\nHowever, a land trust must, at all reasonable times—\nallow a suitably qualified person appointed by the chief executive to audit the accounts of the land trust; and\ngive the person appointed to audit the accounts of the land trust the help the person reasonably requires for conducting the audit, including disclosing financial institution account details.\ns 291 ins 1998 No. 24 s 5\namd 2008 No. 29 s 56 ; 2009 No. 9 s 136 sch 1\n(sec.291-ssec.1) A land trust is not a statutory body for the Financial Accountability Act 2009 .\n(sec.291-ssec.2) However, a land trust must, at all reasonable times— allow a suitably qualified person appointed by the chief executive to audit the accounts of the land trust; and give the person appointed to audit the accounts of the land trust the help the person reasonably requires for conducting the audit, including disclosing financial institution account details.\n- (a) allow a suitably qualified person appointed by the chief executive to audit the accounts of the land trust; and\n- (b) give the person appointed to audit the accounts of the land trust the help the person reasonably requires for conducting the audit, including disclosing financial institution account details.","sortOrder":432},{"sectionNumber":"sec.292","sectionType":"section","heading":"Confirmation of status of particular land","content":"### sec.292 Confirmation of status of particular land\n\nTo remove any doubt, it is declared that—\nthe sales permit does not create, and never has created, for the purposes of section 24 , an interest in land; and\nthe amending regulation was valid.\nIn this section—\namending regulation means the Aboriginal Land Amendment Regulation (No. 1) 2002 .\nsales permit means Sales Permit No. 004490, dated 18 October 1990, issued under the Forestry Act 1959 .\ns 292 ins 2003 No. 20 s 4\n(sec.292-ssec.1) To remove any doubt, it is declared that— the sales permit does not create, and never has created, for the purposes of section 24 , an interest in land; and the amending regulation was valid.\n(sec.292-ssec.2) In this section— amending regulation means the Aboriginal Land Amendment Regulation (No. 1) 2002 . sales permit means Sales Permit No. 004490, dated 18 October 1990, issued under the Forestry Act 1959 .\n- (a) the sales permit does not create, and never has created, for the purposes of section 24 , an interest in land; and\n- (b) the amending regulation was valid.","sortOrder":433},{"sectionNumber":"sec.293","sectionType":"section","heading":"Approval of forms","content":"### sec.293 Approval of forms\n\nThe chief executive may approve forms for use under this Act.\ns 293 ins 1998 No. 24 s 5","sortOrder":434},{"sectionNumber":"sec.294","sectionType":"section","heading":"Regulation-making power","content":"### sec.294 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may make provision for—\nmatters relevant to the operations, including the functions, of a land trust; and\nthe indemnification of members of a land trust from personal liability; and\nrules for land trusts, including, for example, the adoption of rules and the matters that must be included in the rules; and\naccounting requirements for land trusts, including, for example, keeping accounts, preparing financial statements, auditing accounts and giving audit reports to the chief executive; and\nmatters relating to the dissolution of Aboriginal land claim associations; and\nthe minimum annual rental amount payable by the State under a lease granted to the State under this Act.\nIn this section—\nAboriginal land claim association means an Aboriginal land claim association incorporated under the repealed regulation and in existence immediately before the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , part 3 .\ns 294 amd 1993 No. 85 s 164C (amd 1994 No. 61 s 2 sch 2 ); 1998 No. 24 s 6 ; 2004 No. 4 s 57 sch ; 2008 No. 29 s 57 ; 2011 No. 26 s 87\n(sec.294-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.294-ssec.2) Without limiting subsection (1) , a regulation may make provision for— matters relevant to the operations, including the functions, of a land trust; and the indemnification of members of a land trust from personal liability; and rules for land trusts, including, for example, the adoption of rules and the matters that must be included in the rules; and accounting requirements for land trusts, including, for example, keeping accounts, preparing financial statements, auditing accounts and giving audit reports to the chief executive; and matters relating to the dissolution of Aboriginal land claim associations; and the minimum annual rental amount payable by the State under a lease granted to the State under this Act.\n(sec.294-ssec.3) In this section— Aboriginal land claim association means an Aboriginal land claim association incorporated under the repealed regulation and in existence immediately before the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , part 3 .\n- (a) matters relevant to the operations, including the functions, of a land trust; and\n- (b) the indemnification of members of a land trust from personal liability; and\n- (c) rules for land trusts, including, for example, the adoption of rules and the matters that must be included in the rules; and\n- (d) accounting requirements for land trusts, including, for example, keeping accounts, preparing financial statements, auditing accounts and giving audit reports to the chief executive; and\n- (e) matters relating to the dissolution of Aboriginal land claim associations; and\n- (f) the minimum annual rental amount payable by the State under a lease granted to the State under this Act.","sortOrder":435},{"sectionNumber":"pt.24","sectionType":"part","heading":"Validation provisions","content":"# Validation provisions","sortOrder":436},{"sectionNumber":"sec.295","sectionType":"section","heading":"Existing conservation agreements","content":"### sec.295 Existing conservation agreements\n\nThis section applies to a conservation agreement in relation to transferred land entered into, or purportedly entered into, under the Nature Conservation Act 1992 , section 45 , by the grantees of the land before 18 March 2005.\nThe agreement is taken to be, and always to have been, valid.\ns 295 ins 2005 No. 8 s 48\namd 2008 No. 29 s 3 sch\n(sec.295-ssec.1) This section applies to a conservation agreement in relation to transferred land entered into, or purportedly entered into, under the Nature Conservation Act 1992 , section 45 , by the grantees of the land before 18 March 2005.\n(sec.295-ssec.2) The agreement is taken to be, and always to have been, valid.","sortOrder":437},{"sectionNumber":"sec.296","sectionType":"section","heading":"Existing interest in transferable land","content":"### sec.296 Existing interest in transferable land\n\nThis section applies to an interest in transferable land that is a residential tenancy agreement if, on the commencement—\nthe agreement is in force; and\nthe Minister had not consented to the creation of the interest under section 282 .\nOn the commencement, the Minister is taken to have consented to the creation of the interest under section 282 as in force before the commencement.\nIn this section—\ncommencement means the day this section commences.\ns 296 ins 2008 No. 29 s 58\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.296-ssec.1) This section applies to an interest in transferable land that is a residential tenancy agreement if, on the commencement— the agreement is in force; and the Minister had not consented to the creation of the interest under section 282 .\n(sec.296-ssec.2) On the commencement, the Minister is taken to have consented to the creation of the interest under section 282 as in force before the commencement.\n(sec.296-ssec.3) In this section— commencement means the day this section commences.\n- (a) the agreement is in force; and\n- (b) the Minister had not consented to the creation of the interest under section 282 .","sortOrder":438},{"sectionNumber":"sec.297","sectionType":"section","heading":"Retrospective validation of dealings with trustee (Aboriginal) lease","content":"### sec.297 Retrospective validation of dealings with trustee (Aboriginal) lease\n\nSubsection (2) applies to a trustee (Aboriginal) lease if the lease—\nwas granted under the Land Act , section 57 before 18 July 2008; and\nwas amended, transferred, mortgaged or subleased, during the relevant period, under the Land Act , chapter 3 , part 1 , division 7 .\nThe amendment, transfer, mortgage or sublease of the trustee (Aboriginal) lease (the dealing ) is taken to be, and to always have been, as valid as if—\nthe dealing were a dealing carried out under this Act; and\nsection 184 , as in force immediately after the commencement of this section, had been in force on the day the dealing was carried out.\nSubsection (4) applies to a trustee (Aboriginal) lease if the lease—\nwas granted under the Land Act , section 57 before 18 July 2008; and\nwas amended, transferred, mortgaged or subleased, during the relevant period, under this Act.\nThe amendment, transfer, mortgage or sublease of the trustee (Aboriginal) lease (also the dealing ) is taken to be, and to always have been, as valid as if section 184 , as in force immediately after the commencement of this section, had been in force on the day the dealing was carried out.\nIn this section—\nrelevant period means the period starting on 18 July 2008 and ending immediately before the commencement of this section.\ns 297 ins 2011 No. 26 s 88\n(sec.297-ssec.1) Subsection (2) applies to a trustee (Aboriginal) lease if the lease— was granted under the Land Act , section 57 before 18 July 2008; and was amended, transferred, mortgaged or subleased, during the relevant period, under the Land Act , chapter 3 , part 1 , division 7 .\n(sec.297-ssec.2) The amendment, transfer, mortgage or sublease of the trustee (Aboriginal) lease (the dealing ) is taken to be, and to always have been, as valid as if— the dealing were a dealing carried out under this Act; and section 184 , as in force immediately after the commencement of this section, had been in force on the day the dealing was carried out.\n(sec.297-ssec.3) Subsection (4) applies to a trustee (Aboriginal) lease if the lease— was granted under the Land Act , section 57 before 18 July 2008; and was amended, transferred, mortgaged or subleased, during the relevant period, under this Act.\n(sec.297-ssec.4) The amendment, transfer, mortgage or sublease of the trustee (Aboriginal) lease (also the dealing ) is taken to be, and to always have been, as valid as if section 184 , as in force immediately after the commencement of this section, had been in force on the day the dealing was carried out.\n(sec.297-ssec.5) In this section— relevant period means the period starting on 18 July 2008 and ending immediately before the commencement of this section.\n- (a) was granted under the Land Act , section 57 before 18 July 2008; and\n- (b) was amended, transferred, mortgaged or subleased, during the relevant period, under the Land Act , chapter 3 , part 1 , division 7 .\n- (a) the dealing were a dealing carried out under this Act; and\n- (b) section 184 , as in force immediately after the commencement of this section, had been in force on the day the dealing was carried out.\n- (a) was granted under the Land Act , section 57 before 18 July 2008; and\n- (b) was amended, transferred, mortgaged or subleased, during the relevant period, under this Act.","sortOrder":439},{"sectionNumber":"sec.298","sectionType":"section","heading":"Former Aurukun Shire lease land continues to be transferable land","content":"### sec.298 Former Aurukun Shire lease land continues to be transferable land\n\nThis section applies to former Aurukun Shire lease land that, immediately before the commencement of the amending Act, schedule 1, part 2, had not been transferred.\nDespite the repeal of previous section 10(1)(c), the land continues to be, and from the commencement of the amending Act, schedule 1, part 2, continued to be, transferable land subject to section 10(2) or (3).\nIn this section—\namending Act means the Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 .\nformer Aurukun Shire lease land means land that was, immediately before the commencement of the amending Act, schedule 1, part 2, Aurukun Shire lease land under previous section 13.\nprevious , in relation to a provision, means as in force immediately before the commencement of the amending Act, schedule 1, part 2.\ns 298 prev s 298 ins 2006 No. 9 s 53 sch\nom 2013 No. 39 s 109 sch 2\npres s 298 ins 2019 No. 17 s 21\n(sec.298-ssec.1) This section applies to former Aurukun Shire lease land that, immediately before the commencement of the amending Act, schedule 1, part 2, had not been transferred.\n(sec.298-ssec.2) Despite the repeal of previous section 10(1)(c), the land continues to be, and from the commencement of the amending Act, schedule 1, part 2, continued to be, transferable land subject to section 10(2) or (3).\n(sec.298-ssec.3) In this section— amending Act means the Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 . former Aurukun Shire lease land means land that was, immediately before the commencement of the amending Act, schedule 1, part 2, Aurukun Shire lease land under previous section 13. previous , in relation to a provision, means as in force immediately before the commencement of the amending Act, schedule 1, part 2.","sortOrder":440},{"sectionNumber":"sec.298A","sectionType":"section","heading":"Validation of creation of particular interests in transferable land","content":"### sec.298A Validation of creation of particular interests in transferable land\n\nThis section applies to the creation of an interest in transferable land mentioned in section 298(2) if—\nthe interest was created before the commencement; and\nthe Minister’s consent to the creation of the interest was not requested under section 282(1)(e).\nIt is declared that the creation of the interest is taken to be, and to have always been, as valid as it would have been if the Minister had consented to the creation of the interest under section 282(1)(e).\ns 298A ins 2019 No. 17 s 21\n(sec.298A-ssec.1) This section applies to the creation of an interest in transferable land mentioned in section 298(2) if— the interest was created before the commencement; and the Minister’s consent to the creation of the interest was not requested under section 282(1)(e).\n(sec.298A-ssec.2) It is declared that the creation of the interest is taken to be, and to have always been, as valid as it would have been if the Minister had consented to the creation of the interest under section 282(1)(e).\n- (a) the interest was created before the commencement; and\n- (b) the Minister’s consent to the creation of the interest was not requested under section 282(1)(e).","sortOrder":441},{"sectionNumber":"pt.25","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":442},{"sectionNumber":"pt.25-div.1","sectionType":"division","heading":null,"content":"","sortOrder":443},{"sectionNumber":"pt.25-div.2","sectionType":"division","heading":"Transitional provisions for Aboriginal and Torres Strait Islander Land Amendment Act 2008","content":"## Transitional provisions for Aboriginal and Torres Strait Islander Land Amendment Act 2008","sortOrder":444},{"sectionNumber":"sec.299","sectionType":"section","heading":"Definition for div 2","content":"### sec.299 Definition for div 2\n\nIn this division—\ncommencement means the day on which the provision in which the term is used commences.\ns 299 ins 2008 No. 29 s 59","sortOrder":445},{"sectionNumber":"sec.300","sectionType":"section","heading":"Transferred land—change to beneficiaries","content":"### sec.300 Transferred land—change to beneficiaries\n\nThis section applies to transferred land granted before the commencement.\nOn the commencement, the trustee of the land is taken to hold it for the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants.\nAs soon as practicable after the commencement, the chief executive must give notice to the registrar that the land vests in the trustee as mentioned in subsection (2).\nOn receiving the notice, the registrar must record in the freehold land register that the land is vested as mentioned in subsection (2).\ns 300 ins 2008 No. 29 s 59\namd 2013 No. 23 s 352 sch 1 pt 1 ; 2021 No. 12 s 148 sch 3\n(sec.300-ssec.1) This section applies to transferred land granted before the commencement.\n(sec.300-ssec.2) On the commencement, the trustee of the land is taken to hold it for the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants.\n(sec.300-ssec.3) As soon as practicable after the commencement, the chief executive must give notice to the registrar that the land vests in the trustee as mentioned in subsection (2).\n(sec.300-ssec.4) On receiving the notice, the registrar must record in the freehold land register that the land is vested as mentioned in subsection (2).","sortOrder":446},{"sectionNumber":"sec.301","sectionType":"section","heading":"Interests in Aboriginal land continue","content":"### sec.301 Interests in Aboriginal land continue\n\nIf Aboriginal land was, immediately before the commencement, subject to an interest granted or otherwise created under section 50 or 76 as in force before the commencement, the interest continues in force.\ns 301 ins 2008 No. 29 s 59\namd 2013 No. 23 s 352 sch 1 pt 1","sortOrder":447},{"sectionNumber":"pt.25-div.3","sectionType":"division","heading":"Transitional provisions for Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011","content":"## Transitional provisions for Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011","sortOrder":448},{"sectionNumber":"sec.302","sectionType":"section","heading":"Definition for div 3","content":"### sec.302 Definition for div 3\n\nIn this division—\nprevious , for a provision of this Act, means the provision as in force immediately before the commencement of this division.\ns 302 ins 2011 No. 26 s 89\namd 2013 No. 23 s 352 sch 1 pt 1","sortOrder":449},{"sectionNumber":"sec.303","sectionType":"section","heading":"Continued operation of provisions for appointing grantees","content":"### sec.303 Continued operation of provisions for appointing grantees\n\nThis section applies despite the amendment of this Act by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 .\nThe Minister may, on or before 31 December 2011 and under previous section 40, appoint persons the Minister considers necessary to be the grantees, as trustees for the benefit of Aboriginal people, of land the subject of a deed of grant under previous section 38.\nThe Minister may, on or before 31 December 2011 and under previous section 75, appoint persons the Minister considers necessary to be the grantees, as trustees for the benefit of the group of Aboriginal people concerned, of land.\nIf the Minister appoints grantees under previous section 40 or 75, the grantees are, on appointment, taken to be incorporated as a land trust under this Act for the land.\nAs soon as practicable after the grantees are incorporated, the Minister must, by gazette notice, state—\nthe name of the land trust; and\nthe description of the land as stated in the deed of grant held by the grantees; and\nan address for service of documents on the land trust.\nThe last 2 words of the name of the land trust must be the words ‘Land Trust’.\ns 303 ins 2011 No. 26 s 89\n(sec.303-ssec.1) This section applies despite the amendment of this Act by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 .\n(sec.303-ssec.2) The Minister may, on or before 31 December 2011 and under previous section 40, appoint persons the Minister considers necessary to be the grantees, as trustees for the benefit of Aboriginal people, of land the subject of a deed of grant under previous section 38.\n(sec.303-ssec.3) The Minister may, on or before 31 December 2011 and under previous section 75, appoint persons the Minister considers necessary to be the grantees, as trustees for the benefit of the group of Aboriginal people concerned, of land.\n(sec.303-ssec.4) If the Minister appoints grantees under previous section 40 or 75, the grantees are, on appointment, taken to be incorporated as a land trust under this Act for the land.\n(sec.303-ssec.5) As soon as practicable after the grantees are incorporated, the Minister must, by gazette notice, state— the name of the land trust; and the description of the land as stated in the deed of grant held by the grantees; and an address for service of documents on the land trust.\n(sec.303-ssec.6) The last 2 words of the name of the land trust must be the words ‘Land Trust’.\n- (a) the name of the land trust; and\n- (b) the description of the land as stated in the deed of grant held by the grantees; and\n- (c) an address for service of documents on the land trust.","sortOrder":450},{"sectionNumber":"sec.304","sectionType":"section","heading":"Continued operation of provisions about land trusts","content":"### sec.304 Continued operation of provisions about land trusts\n\nThe Minister may, on or before 31 December 2011, establish a land trust under previous part 9 for the purpose stated in previous section 83B.\nFor subsection (1), previous section 83A applies—\nas if the reference in previous section 83A(3)(b) to the Aboriginal Land Regulation 1991 were a reference to the repealed regulation; and\nas if the reference in previous section 83A(5) to ‘as far as practicable, act in a way that is consistent with’ were a reference to ‘have regard to’; and\nas if the reference in previous section 83A(6) to ‘act in a way that is consistent with’ were a reference to ‘have regard to’.\nPrevious sections 83C to 83E continue to apply in relation to a land trust established under previous section 83A.\nFor subsection (2)(a), the repealed regulation, as in force immediately before its repeal, continues in force despite its repeal.\nThis section applies despite the amendment of this Act by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 .\ns 304 ins 2011 No. 26 s 89\n(sec.304-ssec.1) The Minister may, on or before 31 December 2011, establish a land trust under previous part 9 for the purpose stated in previous section 83B.\n(sec.304-ssec.2) For subsection (1), previous section 83A applies— as if the reference in previous section 83A(3)(b) to the Aboriginal Land Regulation 1991 were a reference to the repealed regulation; and as if the reference in previous section 83A(5) to ‘as far as practicable, act in a way that is consistent with’ were a reference to ‘have regard to’; and as if the reference in previous section 83A(6) to ‘act in a way that is consistent with’ were a reference to ‘have regard to’.\n(sec.304-ssec.3) Previous sections 83C to 83E continue to apply in relation to a land trust established under previous section 83A.\n(sec.304-ssec.4) For subsection (2)(a), the repealed regulation, as in force immediately before its repeal, continues in force despite its repeal.\n(sec.304-ssec.5) This section applies despite the amendment of this Act by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 .\n- (a) as if the reference in previous section 83A(3)(b) to the Aboriginal Land Regulation 1991 were a reference to the repealed regulation; and\n- (b) as if the reference in previous section 83A(5) to ‘as far as practicable, act in a way that is consistent with’ were a reference to ‘have regard to’; and\n- (c) as if the reference in previous section 83A(6) to ‘act in a way that is consistent with’ were a reference to ‘have regard to’.","sortOrder":451},{"sectionNumber":"sec.305","sectionType":"section","heading":"References to previous provisions after renumbering","content":"### sec.305 References to previous provisions after renumbering\n\nA reference in another Act, a regulation or document to a particular previous provision of this Act may, if the context permits, be taken as a reference to any provision of the renumbered Act, all or part of which corresponds, or substantially corresponds, to the previous provision.\nIn this section—\nrenumbered Act means this Act as renumbered under section 148, as inserted by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , section 90 .\ns 305 ins 2011 No. 26 s 89\namd 2013 No. 23 s 352 sch 1 pt 1 ; 2019 No. 7 s 313 sch 1 pt 1\n(sec.305-ssec.1) A reference in another Act, a regulation or document to a particular previous provision of this Act may, if the context permits, be taken as a reference to any provision of the renumbered Act, all or part of which corresponds, or substantially corresponds, to the previous provision.\n(sec.305-ssec.2) In this section— renumbered Act means this Act as renumbered under section 148, as inserted by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , section 90 .","sortOrder":452},{"sectionNumber":"pt.25-div.4","sectionType":"division","heading":"Transitional provision for Land, Water and Other Legislation Amendment Act 2013","content":"## Transitional provision for Land, Water and Other Legislation Amendment Act 2013","sortOrder":453},{"sectionNumber":"sec.306","sectionType":"section","heading":"Continuation of Mornington Shire subleases","content":"### sec.306 Continuation of Mornington Shire subleases\n\nThis section applies to a lease that, immediately before the cancellation of the Mornington Shire lease under section 48(1), was a sublease of the Mornington Shire lease.\nThe Mornington Shire lease was cancelled under section 48(1) when deeds of grant for all the Mornington Shire lease land took effect under section 44.\nFrom the cancellation, the sublease is taken to have been, and is, continued in force as a lease under section 45 (as amended) with the trustee of the Aboriginal land as the lessor.\nIn this section—\ncommencement means the commencement of the Land, Water and Other Legislation Amendment Act 2013 , section 6 .\nMornington Shire lease see section 45(7).\nsection 45 (as amended) means section 45, as in force immediately after the commencement.\ns 306 prev s 306 ins 2011 No. 26 s 90\nexp 10 September 2011 (see s 307)\npres s 306 ins 2013 No. 23 s 20\namd 2019 No. 7 s 313 sch 1 pt 1\n(sec.306-ssec.1) This section applies to a lease that, immediately before the cancellation of the Mornington Shire lease under section 48(1), was a sublease of the Mornington Shire lease. The Mornington Shire lease was cancelled under section 48(1) when deeds of grant for all the Mornington Shire lease land took effect under section 44.\n(sec.306-ssec.2) From the cancellation, the sublease is taken to have been, and is, continued in force as a lease under section 45 (as amended) with the trustee of the Aboriginal land as the lessor.\n(sec.306-ssec.3) In this section— commencement means the commencement of the Land, Water and Other Legislation Amendment Act 2013 , section 6 . Mornington Shire lease see section 45(7). section 45 (as amended) means section 45, as in force immediately after the commencement.","sortOrder":454},{"sectionNumber":"pt.25-div.5","sectionType":"division","heading":"Transitional provisions for Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014","content":"## Transitional provisions for Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014","sortOrder":455},{"sectionNumber":"sec.307","sectionType":"section","heading":"Definitions for div 5","content":"### sec.307 Definitions for div 5\n\nIn this division—\ncommencement means the commencement of this section.\npre-amended Act means this Act as in force before its amendment by the Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 , section 12 .\ns 307 prev s 307 ins 2011 No. 26 s 90\nexp 10 September 2011 (see s 307)\npres s 307 ins 2014 No. 45 s 25","sortOrder":456},{"sectionNumber":"sec.308","sectionType":"section","heading":"Provision for existing leases","content":"### sec.308 Provision for existing leases\n\nThis section applies to a lease under the pre-amended Act in effect immediately before the commencement.\nA standard lease under the pre-amended Act is taken to be a part 10 lease for the same term for which the standard lease was granted.\nA townsite lease under the pre-amended Act is taken to be a townsite lease.\nA lease for private residential purposes under the pre-amended Act is taken to be a home ownership lease for the same term for which the lease for private residential purposes was granted.\ns 308 ins 2014 No. 45 s 25\n(sec.308-ssec.1) This section applies to a lease under the pre-amended Act in effect immediately before the commencement.\n(sec.308-ssec.2) A standard lease under the pre-amended Act is taken to be a part 10 lease for the same term for which the standard lease was granted.\n(sec.308-ssec.3) A townsite lease under the pre-amended Act is taken to be a townsite lease.\n(sec.308-ssec.4) A lease for private residential purposes under the pre-amended Act is taken to be a home ownership lease for the same term for which the lease for private residential purposes was granted.","sortOrder":457},{"sectionNumber":"sec.309","sectionType":"section","heading":"Provision for existing applications","content":"### sec.309 Provision for existing applications\n\nThis section applies to an application under the pre-amended Act that, before the commencement, had not been granted or refused.\nAn application for a lease under the pre-amended Act is taken to be—\nif the application is for a lease for private residential purposes under the pre-amended Act—an application for a home ownership lease; or\notherwise—an application for a part 10 lease for the same term and purpose as the term and purpose for which the application was made.\nAn application to renew a lease under the pre-amended Act is taken to be an application to renew a part 10 lease.\ns 309 ins 2014 No. 45 s 25\n(sec.309-ssec.1) This section applies to an application under the pre-amended Act that, before the commencement, had not been granted or refused.\n(sec.309-ssec.2) An application for a lease under the pre-amended Act is taken to be— if the application is for a lease for private residential purposes under the pre-amended Act—an application for a home ownership lease; or otherwise—an application for a part 10 lease for the same term and purpose as the term and purpose for which the application was made.\n(sec.309-ssec.3) An application to renew a lease under the pre-amended Act is taken to be an application to renew a part 10 lease.\n- (a) if the application is for a lease for private residential purposes under the pre-amended Act—an application for a home ownership lease; or\n- (b) otherwise—an application for a part 10 lease for the same term and purpose as the term and purpose for which the application was made.","sortOrder":458},{"sectionNumber":"pt.25-div.6","sectionType":"division","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":459},{"sectionNumber":"sec.310","sectionType":"section","heading":"Particular things taken to have been declared by Minister","content":"### sec.310 Particular things taken to have been declared by Minister\n\nThis section applies if—\nimmediately before the commencement, a provision of this Act (the former provision ) required or permitted a matter to be declared by regulation; and\non the commencement, a provision of this Act (the current provision ) requires or permits the matter to be declared by the Minister.\nA declaration of the matter by regulation under the former provision that is in effect immediately before the commencement is, on the commencement, taken to be a declaration of the matter by the Minister under the current provision.\ns 310 ins 2019 No. 17 s 22\n(sec.310-ssec.1) This section applies if— immediately before the commencement, a provision of this Act (the former provision ) required or permitted a matter to be declared by regulation; and on the commencement, a provision of this Act (the current provision ) requires or permits the matter to be declared by the Minister.\n(sec.310-ssec.2) A declaration of the matter by regulation under the former provision that is in effect immediately before the commencement is, on the commencement, taken to be a declaration of the matter by the Minister under the current provision.\n- (a) immediately before the commencement, a provision of this Act (the former provision ) required or permitted a matter to be declared by regulation; and\n- (b) on the commencement, a provision of this Act (the current provision ) requires or permits the matter to be declared by the Minister.","sortOrder":460},{"sectionNumber":"pt.26","sectionType":"part","heading":null,"content":"","sortOrder":461}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1991 Act was primarily focused on establishing mechanisms for Aboriginal land claims and the transfer of existing reserves and DOGIT lands to Aboriginal communities. Over time — particularly through major amendments in 1993, 2008, 2011, and 2014 — the scope expanded significantly. The 2014 amendments introduced an entirely new Part 2A creating a pathway for individual Aboriginal people to acquire freehold title over land within Aboriginal communities, representing a substantial shift from communal land rights toward individual private ownership. This added economic development and individual property rights objectives that were not part of the original framework."},"complexity_factors":["Multiple overlapping land categories (DOGIT, Aboriginal reserve, claimable, transferred, available State land, freehold option land) with nuanced differences and exceptions","Extensive cross-referencing between sections and to multiple other Acts (Land Act, Land Title Act, Land Holding Act, Native Title Act, Local Government Act, Fisheries Act, Acquisition Act, Planning Act)","Numerous amendments since 1991 (13+ amending Acts), creating a complex legislative history and leaving gaps where sections have been omitted","Layered decision-making involving multiple entities: Minister, chief executive, trustee, local government, housing chief executive, Land Court, Governor in Council","The freehold pathway (Part 2A) involves a multi-stage process: freehold instrument creation, consultation, local government attachment to planning scheme, ministerial approval, allocation, offer, cooling-off period, and final grant","Interaction with native title rights, which adds a separate and highly technical area of law","Exceptions upon exceptions — e.g. land that is transferable, but ceases to be, but may become again; DOGIT land inclusions and exclusions based on historical events","Different rules depending on whether an interest holder exists for available land, with separate divisions (5 and 6) governing each scenario","Ministerial discretionary powers with limited guidance, creating uncertainty about outcomes","Historical references to laws that no longer exist (e.g. Land Act 1962, Land Holding Act) requiring knowledge of past legal frameworks to interpret current provisions"],"plain_english_summary":"## Aboriginal Land Act 1991 (Queensland)\n\n### What is this law about?\nThis Queensland law creates a detailed system for transferring land to Aboriginal communities. It covers how land can be **claimed, granted, and managed** by Aboriginal groups, and more recently, how individuals within those communities can acquire **freehold ownership** (full private ownership) of land they live on.\n\n### Who does it affect?\n- **Aboriginal communities and individuals** across Queensland — particularly those in remote areas, on former reserves, and in community-controlled land\n- **Land trusts and indigenous local governments** who act as trustees (managers/owners) of Aboriginal land\n- **State and local governments**, who have roles in approving and managing transfers\n- **People with existing interests** in Aboriginal land (like leaseholders or social housing tenants)\n- **Native title holders** — people with legally recognised traditional rights to land\n\n### Key things the law does:\n\n**1. Defines what counts as Aboriginal land**\nThe Act sets up categories like:\n- **DOGIT land** — \"Deed of Grant in Trust\" land, which was land set aside under old laws for Aboriginal communities\n- **Aboriginal reserve land** — land historically reserved for Aboriginal people\n- **Claimable land** — land Aboriginal groups can formally claim ownership of\n- **Transferred land** — land automatically granted without needing a claim\n\n**2. Establishes a land transfer process**\nAboriginal groups can receive land either:\n- Automatically (\"transferable land\") — certain types of land are simply handed over\n- By making a formal claim — groups can apply for \"claimable land\"\n\n**3. Creates a freehold ownership pathway (added in 2014)**\nOne of the more significant additions allows individual Aboriginal and Torres Strait Islander people (or their spouses) to purchase **freehold title** (full private ownership) of land they already occupy within Aboriginal communities. This involves:\n- The community trustee identifying land available for freehold\n- A consultation process with the community and native title holders\n- Local government attaching a \"freehold instrument\" (a document setting out which land is available and the rules) to their planning scheme\n- A formal application and offer process for eligible individuals\n- Government approval before any title is granted\n\n**4. Protects certain land from being transferred**\nThe Minister can declare that some land is **not transferable** — for example, if it has important infrastructure on it, is used as a town site, or if it would simply be impractical to hand over.\n\n**5. Confirms general laws still apply**\nState laws continue to apply on Aboriginal land just as they would anywhere else, unless the Act specifically says otherwise.\n\n### Why does this matter?\nThis law sits at the intersection of **land rights, self-determination, and economic development** for Aboriginal Queenslanders. The freehold pathway in particular is significant — it allows individuals to own property outright, potentially access mortgages, and build wealth, while the community retains control over who qualifies. However, it also raises complex questions about the impact on communal land ownership and social housing."},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original focus on transferring and claiming land for traditional owners has expanded significantly to incorporate freehold title options (Part 2A), detailed leasing regimes for home ownership and townships, integration with native title determinations, and provisions for national parks and urban development, moving well beyond initial land rights mechanisms."},"complexity_factors":["Extensive cross-references to other legislation (e.g. Land Act, Native Title Act, Fisheries Act)","Multiple layers of definitions, exceptions, and conditional processes across 25 parts and divisions","Nested rules for different land types (transferable, claimable, DOGIT, township, national park) with overlapping procedures","Detailed administrative steps for claims, freehold instruments, allocations, appeals, and ministerial declarations"],"plain_english_summary":"The Aboriginal Land Act 1991 provides a framework for returning certain Queensland government-owned lands to Aboriginal people and groups, setting who is “particularly concerned,” how claim and transfer processes work, and options for trusts, leases and converting land to individual freehold. It also deals with interactions with mining, national parks and native title.\n\nIt affects Aboriginal communities, trustees and the state by enabling land, cultural and economic rights while balancing community protections and government interests."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The supplied notes set out the Act’s current framework and multiple procedural, substantive and institutional rules. They do not include a prior version or explicit statement of original intent, so there is no basis in these notes to conclude the scope has changed from an earlier intent."},"complexity_factors":["Dense classification of land types and statuses (transferable, transferred, claimable, available State land, DOGIT, Aboriginal reserve land) creating multiple overlapping regimes (ss8–31, s22–25).","Extensive Ministerial discretion to declare land non‑transferable, approve grantees/transfers, and consent to interests (ss16, 38, 39–41, 42, 104, 111, 282), increasing implementation uncertainty and political/legal risk.","Detailed allocation and freehold option process with mandatory trustee consultation, freehold instruments, local government attachment to planning schemes, and probity requirements (Part 2A: ss32A–32U), raising procedural and administrative burdens for trustees and councils.","Mandatory consultation and decision‑making rules tied to Aboriginal tradition or agreed processes that trustees must follow when granting interests (ss178–179, ss32I, ss32L), producing culturally specific evidentiary and process requirements.","Multiple transfer pathways with conditional outcomes (grants, transfers to RNTBCs, CATSI corps or land trusts), differing beneficiary rules and succession triggers (ss38–45, ss92–93, ss104–114), complicating stakeholder incentives and beneficiary identification.","Strong protections and restrictions on alienation and mortgage (prohibition on sale/mortgage s100; limits on transfer approvals s104, s109–111; mortgage sale rules ss182–183), constraining financing and commercial options for lessees and trustees.","Interplay with Commonwealth Native Title mechanisms (RNTBCs, determinations) and external Acts (Land Act, Land Title Act, Nature Conservation Act, Acquisition Act), generating cross‑statutory compliance and legal interaction complexity (ss39, 42(3), 284, 117).","Procedural complexity in dispute resolution and oversight: Land Tribunal powers, confidentiality, evidence rules, rehearing/appeal paths to Land Appeal Court/Land Court, and strict notice/time limits (Part 5: ss218–246; ss277–281), imposing litigation and administrative costs.","Registry and recording obligations for declarations, indigenous management agreements and deeds (ss20, 172, 44–45, 172(4)–(5)), requiring precise record management by chief executive and registrar.","Numerous regional and subject‑matter exceptions and transitional rules (Cape York, North Stradbroke, Moreton Island, prescribed protected areas, prescribed reserve treatment), creating fragmentation in application across areas (ss114, 169–176, 175A–175B)."],"plain_english_summary":"This Act sets out how particular Queensland lands become or are managed as Aboriginal land: who may receive grants or transfers (land trusts, CATSI corporations, registered native title bodies corporate), how trustees may grant leases or interests, and strict limits on sale or mortgage. It creates procedures for declaring land transferable/claimable, consultation and appeals, special rules for freehold options and national parks, and record‑keeping. It matters because it determines who decides land use, who bears transaction and compliance costs, and how access and services are protected."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-land-act-1991","history":"/api/acts/aboriginal-land-act-1991/history","analysis":"/api/acts/aboriginal-land-act-1991/analysis","conflicts":"/api/acts/aboriginal-land-act-1991/conflicts","importantCases":"/api/acts/aboriginal-land-act-1991/important-cases","documents":"/api/acts/aboriginal-land-act-1991/documents"}}