{"id":"qld:sl-2011-0175","name":"Aboriginal Land Regulation 2011","slug":"aboriginal-land-regulation-2011","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"175 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175688,"registerId":"qld-qld:sl-2011-0175-current","compilationNumber":null,"startDate":"2026-04-05","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 regulation may be cited as the Aboriginal Land Regulation 2011 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences immediately after the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , section 90 .","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this regulation.\ns 3 amd 2019 Act No. 17 s 24","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Provisions about land trusts","content":"# Provisions about land trusts","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Members of land trusts","content":"## Members of land trusts","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Payments to members","content":"### sec.4 Payments to members\n\nA member may be paid an amount equal to expenses reasonably incurred, or to be incurred, in the performance of the member’s functions under the Act or this regulation.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Land trust to indemnify members","content":"### sec.5 Land trust to indemnify members\n\nA land trust must indemnify all its members engaged in giving effect to the Act or this regulation against all proceedings and claims in relation to—\nacts done, or omitted to be done, by the member without negligence under the Act ; and\nacts done, or omitted to be done, by the member in good faith and without negligence purportedly for the purposes of the Act or this regulation.\n- (a) acts done, or omitted to be done, by the member without negligence under the Act ; and\n- (b) acts done, or omitted to be done, by the member in good faith and without negligence purportedly for the purposes of the Act or this regulation.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Immunity of members","content":"### sec.6 Immunity of members\n\nA member—\nis chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and\nis answerable and accountable only for the member’s own acts, receipts, neglects or defaults.\nWithout limiting subsection (1) , a member is not answerable or accountable for—\nthe acts, receipts, neglects or defaults of another member or the land trust; or\nthe acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or\nthe insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.\n(sec.6-ssec.1) A member— is chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and is answerable and accountable only for the member’s own acts, receipts, neglects or defaults.\n(sec.6-ssec.2) Without limiting subsection (1) , a member is not answerable or accountable for— the acts, receipts, neglects or defaults of another member or the land trust; or the acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or the insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.\n- (a) is chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and\n- (b) is answerable and accountable only for the member’s own acts, receipts, neglects or defaults.\n- (a) the acts, receipts, neglects or defaults of another member or the land trust; or\n- (b) the acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or\n- (c) the insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Protection about notice when a person is a member of more than 1 land trust","content":"### sec.7 Protection about notice when a person is a member of more than 1 land trust\n\nA person who is a member of more than 1 land trust is not, in the absence of fraud, to be affected by notice of any instrument, fact or thing in relation to a particular land trust if the person receives the notice merely because of the person’s membership of another land trust.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Chairperson, deputy chairperson and secretary—appointment","content":"### sec.8 Chairperson, deputy chairperson and secretary—appointment\n\nA land trust must appoint—\na member as the chairperson of the land trust; and\nif there is more than 1 member—a member as the deputy chairperson of the land trust; and\nif there are more than 2 members—a member as the secretary of the land trust.\ns 8 amd 2013 SL No. 137 s 3\n- (a) a member as the chairperson of the land trust; and\n- (b) if there is more than 1 member—a member as the deputy chairperson of the land trust; and\n- (c) if there are more than 2 members—a member as the secretary of the land trust.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Acting as chairperson, secretary or in another executive office","content":"### sec.9 Acting as chairperson, secretary or in another executive office\n\nThe deputy chairperson may act as the chairperson during—\na vacancy in the office of chairperson; or\nany period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.\nAny member of a land trust may act as the secretary during—\na vacancy in the office of secretary; or\nany period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.\nAny member of a land trust may act in another executive office of the land trust during—\na vacancy in the office; or\nany period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.\n(sec.9-ssec.1) The deputy chairperson may act as the chairperson during— a vacancy in the office of chairperson; or any period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.\n(sec.9-ssec.2) Any member of a land trust may act as the secretary during— a vacancy in the office of secretary; or any period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.\n(sec.9-ssec.3) Any member of a land trust may act in another executive office of the land trust during— a vacancy in the office; or any period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.\n- (a) a vacancy in the office of chairperson; or\n- (b) any period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.\n- (a) a vacancy in the office of secretary; or\n- (b) any period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.\n- (a) a vacancy in the office; or\n- (b) any period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Resignation of members","content":"### sec.10 Resignation of members\n\nA member of a land trust may resign by signed notice of resignation given to the land trust.\nThe resignation does not take effect until it is accepted by the land trust.\n(sec.10-ssec.1) A member of a land trust may resign by signed notice of resignation given to the land trust.\n(sec.10-ssec.2) The resignation does not take effect until it is accepted by the land trust.","sortOrder":12},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Rules of land trusts","content":"## Rules of land trusts","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Adoption of rules","content":"### sec.11 Adoption of rules\n\nA land trust must adopt rules governing the land trust ( adopted rules ).\nA land trust must adopt its first rules as soon as practicable after it comes into existence.\nWithin 28 days after a land trust adopts its first rules, adopts changes to its adopted rules or adopts new rules, the land trust must give the chief executive a copy of its adopted rules.\nIf there is an inconsistency between subdivision 2 or 3 and a land trust’s adopted rules, the subdivision prevails to the extent of the inconsistency.\ns 11 amd 2013 SL No. 137 s 4\n(sec.11-ssec.1) A land trust must adopt rules governing the land trust ( adopted rules ).\n(sec.11-ssec.2) A land trust must adopt its first rules as soon as practicable after it comes into existence.\n(sec.11-ssec.3) Within 28 days after a land trust adopts its first rules, adopts changes to its adopted rules or adopts new rules, the land trust must give the chief executive a copy of its adopted rules.\n(sec.11-ssec.4) If there is an inconsistency between subdivision 2 or 3 and a land trust’s adopted rules, the subdivision prevails to the extent of the inconsistency.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Content of adopted rules","content":"### sec.12 Content of adopted rules\n\nThe adopted rules of a land trust must include provision for the following—\nthe establishment, membership and functions of the land trust’s executive committee;\nthe process for decision-making by the land trust and its committees;\nthe creation of the land trust’s executive offices and the procedure for filling the offices;\nthe appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent;\nthe procedure for settling disputes between the land trust and its members;\nthe frequency of meetings of the executive committee, and how the meetings are to be held;\nthe way the land trust’s general meetings are to be called and held;\nrequirements for managing trust property, including requirements for the following—\nkeeping records of the land trust’s transactions;\nprocedures for authorising payments, and for making payments, out of the land trust’s funds;\nkeeping control over trust property;\nprocedures for incurring liabilities by or for the land trust;\nthe procedure for adopting changes to the adopted rules of the land trust and for adopting new rules.\ns 12 amd 2013 SL No. 137 s 5\n- (a) the establishment, membership and functions of the land trust’s executive committee;\n- (b) the process for decision-making by the land trust and its committees;\n- (c) the creation of the land trust’s executive offices and the procedure for filling the offices;\n- (d) the appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent;\n- (e) the procedure for settling disputes between the land trust and its members;\n- (f) the frequency of meetings of the executive committee, and how the meetings are to be held;\n- (g) the way the land trust’s general meetings are to be called and held;\n- (h) requirements for managing trust property, including requirements for the following— (i) keeping records of the land trust’s transactions; (ii) procedures for authorising payments, and for making payments, out of the land trust’s funds; (iii) keeping control over trust property; (iv) procedures for incurring liabilities by or for the land trust;\n- (i) keeping records of the land trust’s transactions;\n- (ii) procedures for authorising payments, and for making payments, out of the land trust’s funds;\n- (iii) keeping control over trust property;\n- (iv) procedures for incurring liabilities by or for the land trust;\n- (i) the procedure for adopting changes to the adopted rules of the land trust and for adopting new rules.\n- (i) keeping records of the land trust’s transactions;\n- (ii) procedures for authorising payments, and for making payments, out of the land trust’s funds;\n- (iii) keeping control over trust property;\n- (iv) procedures for incurring liabilities by or for the land trust;","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Definition for sdiv 2","content":"### sec.13 Definition for sdiv 2\n\nIn this subdivision—\nmeeting , of a land trust, means—\na general meeting of the land trust; or\na meeting of the executive committee of the land trust.\n- (a) a general meeting of the land trust; or\n- (b) a meeting of the executive committee of the land trust.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.14 Application of sdiv 2\n\nThis subdivision applies to a land trust unless, under its adopted rules, the appointment of proxies for a meeting of the land trust is not permitted.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Appointing proxy","content":"### sec.15 Appointing proxy\n\nA person who is entitled to attend and cast a vote at a meeting of the land trust may appoint an individual to attend and vote for the person at the meeting.\nAn appointment of a proxy is valid if—\nit is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and\nit includes the following information—\nthe person’s name;\nthe proxy’s name;\nthe meeting at which the appointment may be used.\nAn appointment may state the way the proxy is to vote on a particular resolution.\nIn this section—\nindividual means an individual who is—\na member of the land trust; or\nan Aboriginal person particularly concerned with the land held by the land trust.\n(sec.15-ssec.1) A person who is entitled to attend and cast a vote at a meeting of the land trust may appoint an individual to attend and vote for the person at the meeting.\n(sec.15-ssec.2) An appointment of a proxy is valid if— it is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and it includes the following information— the person’s name; the proxy’s name; the meeting at which the appointment may be used.\n(sec.15-ssec.3) An appointment may state the way the proxy is to vote on a particular resolution.\n(sec.15-ssec.4) In this section— individual means an individual who is— a member of the land trust; or an Aboriginal person particularly concerned with the land held by the land trust.\n- (a) it is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and\n- (b) it includes the following information— (i) the person’s name; (ii) the proxy’s name; (iii) the meeting at which the appointment may be used.\n- (i) the person’s name;\n- (ii) the proxy’s name;\n- (iii) the meeting at which the appointment may be used.\n- (i) the person’s name;\n- (ii) the proxy’s name;\n- (iii) the meeting at which the appointment may be used.\n- (a) a member of the land trust; or\n- (b) an Aboriginal person particularly concerned with the land held by the land trust.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"When appointment of proxy is effective","content":"### sec.16 When appointment of proxy is effective\n\nThe appointment of a proxy for a meeting of the land trust is effective only if the proxy’s appointment is received by the land trust before the meeting starts.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Counting proxies for quorum","content":"### sec.17 Counting proxies for quorum\n\nIn deciding whether a quorum is present at a meeting of the land trust, an individual attending the meeting as a proxy is counted.\nHowever, if a person has appointed more than 1 proxy for a particular meeting, only 1 of the proxies is counted.\nIf an individual is attending a particular meeting both as a member of the land trust and as a proxy for 1 or more persons, the individual is counted only twice.\nIf an individual who is not a member of the land trust is attending a particular meeting as a proxy for 1 or more persons, the individual is counted only once.\n(sec.17-ssec.1) In deciding whether a quorum is present at a meeting of the land trust, an individual attending the meeting as a proxy is counted.\n(sec.17-ssec.2) However, if a person has appointed more than 1 proxy for a particular meeting, only 1 of the proxies is counted.\n(sec.17-ssec.3) If an individual is attending a particular meeting both as a member of the land trust and as a proxy for 1 or more persons, the individual is counted only twice.\n(sec.17-ssec.4) If an individual who is not a member of the land trust is attending a particular meeting as a proxy for 1 or more persons, the individual is counted only once.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 om 2013 SL No. 137 s 6","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 om 2013 SL No. 137 s 6","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"When election of members of executive committee must be held","content":"### sec.20 When election of members of executive committee must be held\n\nThis section applies to a land trust if the land trust’s total income from all sources for a financial year is more than $20,000.\nThe land trust must, within 2 years after the end of the financial year, hold an election of members of the land trust to elect the members of its executive committee.\n(sec.20-ssec.1) This section applies to a land trust if the land trust’s total income from all sources for a financial year is more than $20,000.\n(sec.20-ssec.2) The land trust must, within 2 years after the end of the financial year, hold an election of members of the land trust to elect the members of its executive committee.","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 om 2013 SL No. 137 s 8","sortOrder":24},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Trust property","content":"## Trust property","sortOrder":25},{"sectionNumber":"sec.21-oc.2","sectionType":"section","heading":null,"content":"### Section sec.21-oc.2\n\ns 21 om 2013 SL No. 137 s 8","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Property to be held on trust","content":"### sec.22 Property to be held on trust\n\nA land trust is to hold, invest, use and distribute trust property—\nfor the benefit of the Aboriginal people for whose benefit the land trust holds the trust property; and\nin compliance with the Act and this regulation.\n- (a) for the benefit of the Aboriginal people for whose benefit the land trust holds the trust property; and\n- (b) in compliance with the Act and this regulation.","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Powers in relation to trust property","content":"### sec.23 Powers in relation to trust property\n\nThe land trust may exercise the powers that an owner of real or personal property can exercise in relation to the owner’s real or personal property.\nSubsection (1) is subject to the Act and this regulation.\n(sec.23-ssec.1) The land trust may exercise the powers that an owner of real or personal property can exercise in relation to the owner’s real or personal property.\n(sec.23-ssec.2) Subsection (1) is subject to the Act and this regulation.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Funds to be invested under Trusts Act 1973","content":"### sec.24 Funds to be invested under Trusts Act 1973\n\nA land trust may invest trust property only under the Trusts Act 1973 , section 21 .\nAll trust property is to be invested in the name of the land trust.\n(sec.24-ssec.1) A land trust may invest trust property only under the Trusts Act 1973 , section 21 .\n(sec.24-ssec.2) All trust property is to be invested in the name of the land trust.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Staff and consultants, and members’ expenses, to be paid from trust property","content":"### sec.25 Staff and consultants, and members’ expenses, to be paid from trust property\n\nThe cost of employing staff or engaging consultants to assist a land trust may be paid out of the trust property of the land trust.\nAmounts to be paid to members under section 4 may be paid out of the trust property of the land trust.\n(sec.25-ssec.1) The cost of employing staff or engaging consultants to assist a land trust may be paid out of the trust property of the land trust.\n(sec.25-ssec.2) Amounts to be paid to members under section 4 may be paid out of the trust property of the land trust.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application of insurance money","content":"### sec.26 Application of insurance money\n\nAn amount received or receivable under a policy of insurance for the loss or damage to trust property held, owned or leased by a land trust is part of the capital of the trust property.\nThe whole or a part of the amount received or receivable may also be applied by the land trust (and is to be applied if ordered by the Supreme Court) in rebuilding, reinstating, replacing or repairing the property lost or damaged.\n(sec.26-ssec.1) An amount received or receivable under a policy of insurance for the loss or damage to trust property held, owned or leased by a land trust is part of the capital of the trust property.\n(sec.26-ssec.2) The whole or a part of the amount received or receivable may also be applied by the land trust (and is to be applied if ordered by the Supreme Court) in rebuilding, reinstating, replacing or repairing the property lost or damaged.","sortOrder":31},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Accounts, annual financial statements and audit requirements","content":"## Accounts, annual financial statements and audit requirements","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Accounts","content":"### sec.27 Accounts\n\nA land trust must establish the accounts necessary or convenient for its operation as a land trust.\nThe land trust must ensure its accounts are kept properly.\n(sec.27-ssec.1) A land trust must establish the accounts necessary or convenient for its operation as a land trust.\n(sec.27-ssec.2) The land trust must ensure its accounts are kept properly.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Annual financial statement","content":"### sec.28 Annual financial statement\n\nA land trust must, by 30 September each year, prepare and adopt an annual financial statement for the financial year most recently ended, if the land trust’s total income from all sources for that financial year is more than $20,000.\nIf a land trust prepares and adopts an annual financial statement under subsection (1) , the land trust must, by 31 December in the year it is adopted, give the chief executive—\na copy of the statement; and\na declaration, in the approved form, about the financial operation of the land trust for the financial year.\nEach annual financial statement prepared under this section must include the following—\na balance sheet;\na profit and loss statement;\nother information or documents the land trust considers relevant to the financial operation of the land trust.\n(sec.28-ssec.1) A land trust must, by 30 September each year, prepare and adopt an annual financial statement for the financial year most recently ended, if the land trust’s total income from all sources for that financial year is more than $20,000.\n(sec.28-ssec.2) If a land trust prepares and adopts an annual financial statement under subsection (1) , the land trust must, by 31 December in the year it is adopted, give the chief executive— a copy of the statement; and a declaration, in the approved form, about the financial operation of the land trust for the financial year.\n(sec.28-ssec.3) Each annual financial statement prepared under this section must include the following— a balance sheet; a profit and loss statement; other information or documents the land trust considers relevant to the financial operation of the land trust.\n- (a) a copy of the statement; and\n- (b) a declaration, in the approved form, about the financial operation of the land trust for the financial year.\n- (a) a balance sheet;\n- (b) a profit and loss statement;\n- (c) other information or documents the land trust considers relevant to the financial operation of the land trust.","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Audit requirements","content":"### sec.29 Audit requirements\n\nA land trust must have its accounts audited for each financial year by a person who is—\na member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or\na member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or\na member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or\na person approved in writing by the chief executive as having the necessary skills and experience for conducting the audit.\nThe land trust must ensure the audit is completed, and it receives the audit report, by 30 November in the financial year after the financial year for which the accounts are audited.\nThe land trust must give the chief executive a copy of the audit report by 31 December in the financial year after the financial year for which the accounts are audited.\nDespite subsections (1) to (3) , a land trust is not required to have its accounts audited for a financial year if the land trust’s total income from all sources for the financial year is not more than $20,000.\ns 29 amd 2011 SL No. 190 s 3\n(sec.29-ssec.1) A land trust must have its accounts audited for each financial year by a person who is— a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or a person approved in writing by the chief executive as having the necessary skills and experience for conducting the audit.\n(sec.29-ssec.2) The land trust must ensure the audit is completed, and it receives the audit report, by 30 November in the financial year after the financial year for which the accounts are audited.\n(sec.29-ssec.3) The land trust must give the chief executive a copy of the audit report by 31 December in the financial year after the financial year for which the accounts are audited.\n(sec.29-ssec.4) Despite subsections (1) to (3) , a land trust is not required to have its accounts audited for a financial year if the land trust’s total income from all sources for the financial year is not more than $20,000.\n- (a) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or\n- (b) a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or\n- (c) a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or\n- (d) a person approved in writing by the chief executive as having the necessary skills and experience for conducting the audit.","sortOrder":35},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"General meetings","content":"## General meetings","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Holding general meetings","content":"### sec.30 Holding general meetings\n\nA land trust must hold an annual general meeting as soon as practicable after the end of each financial year.\nHowever, a land trust need not hold a meeting under subsection (1) if—\nthe land trust’s total income from all sources for the financial year is not more than $20,000; and\nthe land trust was not required, under its rules, to hold an election in the financial year for members of its executive committee; and\nthe executive committee of the land trust considers there are no items of business for an annual general meeting.\nA land trust may hold a special general meeting at any time.\nA general meeting must be called and held in the way required under the rules of the land trust.\nSubsection (4) is subject to section 31 .\n(sec.30-ssec.1) A land trust must hold an annual general meeting as soon as practicable after the end of each financial year.\n(sec.30-ssec.2) However, a land trust need not hold a meeting under subsection (1) if— the land trust’s total income from all sources for the financial year is not more than $20,000; and the land trust was not required, under its rules, to hold an election in the financial year for members of its executive committee; and the executive committee of the land trust considers there are no items of business for an annual general meeting.\n(sec.30-ssec.3) A land trust may hold a special general meeting at any time.\n(sec.30-ssec.4) A general meeting must be called and held in the way required under the rules of the land trust.\n(sec.30-ssec.5) Subsection (4) is subject to section 31 .\n- (a) the land trust’s total income from all sources for the financial year is not more than $20,000; and\n- (b) the land trust was not required, under its rules, to hold an election in the financial year for members of its executive committee; and\n- (c) the executive committee of the land trust considers there are no items of business for an annual general meeting.","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Chief executive may call general meeting","content":"### sec.31 Chief executive may call general meeting\n\nThis section applies if—\nat least 3 members of a land trust ask the chief executive in writing to call a general meeting of the land trust; and\nthe chief executive is satisfied—\nthe holding of the meeting is for a purpose relevant to the land trust; and\nit is appropriate in the circumstances to hold the meeting.\nThe chief executive may, by written notice given to the land trust and each member of the land trust, call a general meeting of the land trust.\nThe chief executive, or another person approved by the chief executive, is the chairperson of the meeting.\nThe quorum for the meeting is—\nthe number of members, decided by the chief executive before the meeting is held, that the chief executive considers appropriate in the circumstances; or\nif paragraph (a) does not apply—3 members.\n(sec.31-ssec.1) This section applies if— at least 3 members of a land trust ask the chief executive in writing to call a general meeting of the land trust; and the chief executive is satisfied— the holding of the meeting is for a purpose relevant to the land trust; and it is appropriate in the circumstances to hold the meeting.\n(sec.31-ssec.2) The chief executive may, by written notice given to the land trust and each member of the land trust, call a general meeting of the land trust.\n(sec.31-ssec.3) The chief executive, or another person approved by the chief executive, is the chairperson of the meeting.\n(sec.31-ssec.4) The quorum for the meeting is— the number of members, decided by the chief executive before the meeting is held, that the chief executive considers appropriate in the circumstances; or if paragraph (a) does not apply—3 members.\n- (a) at least 3 members of a land trust ask the chief executive in writing to call a general meeting of the land trust; and\n- (b) the chief executive is satisfied— (i) the holding of the meeting is for a purpose relevant to the land trust; and (ii) it is appropriate in the circumstances to hold the meeting.\n- (i) the holding of the meeting is for a purpose relevant to the land trust; and\n- (ii) it is appropriate in the circumstances to hold the meeting.\n- (i) the holding of the meeting is for a purpose relevant to the land trust; and\n- (ii) it is appropriate in the circumstances to hold the meeting.\n- (a) the number of members, decided by the chief executive before the meeting is held, that the chief executive considers appropriate in the circumstances; or\n- (b) if paragraph (a) does not apply—3 members.","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Material to be given to chief executive","content":"### sec.32 Material to be given to chief executive\n\nAs soon as practicable after a land trust holds an annual general meeting after the end of a financial year, it must give the chief executive—\na copy of the minutes of the meeting; and\na compliance statement for the financial year; and\nthe names and addresses of all the current members of the land trust; and\nthe name of each member of the land trust’s executive committee, and the position held by the member; and\na contact telephone number for the chairperson and secretary of the land trust; and\nthe land trust’s address for the service of documents and a contact telephone number for the land trust.\nIf, under section 30 (2) , a land trust need not hold an annual general meeting after the end of a financial year, the land trust must as soon as practicable after the end of the financial year give the chief executive—\na compliance statement for the financial year; and\nthe names and addresses of all the current members of the land trust; and\nthe name of each member of the land trust’s executive committee, and the position held by the member; and\na contact telephone number for the chairperson and secretary of the land trust; and\nthe land trust’s address for the service of documents and a contact telephone number for the land trust.\nIn this section—\ncompliance statement , for a financial year, means a statement in the approved form about a land trust’s compliance in the financial year with the obligations imposed on it under the Act and the rules of the land trust.\n(sec.32-ssec.1) As soon as practicable after a land trust holds an annual general meeting after the end of a financial year, it must give the chief executive— a copy of the minutes of the meeting; and a compliance statement for the financial year; and the names and addresses of all the current members of the land trust; and the name of each member of the land trust’s executive committee, and the position held by the member; and a contact telephone number for the chairperson and secretary of the land trust; and the land trust’s address for the service of documents and a contact telephone number for the land trust.\n(sec.32-ssec.2) If, under section 30 (2) , a land trust need not hold an annual general meeting after the end of a financial year, the land trust must as soon as practicable after the end of the financial year give the chief executive— a compliance statement for the financial year; and the names and addresses of all the current members of the land trust; and the name of each member of the land trust’s executive committee, and the position held by the member; and a contact telephone number for the chairperson and secretary of the land trust; and the land trust’s address for the service of documents and a contact telephone number for the land trust.\n(sec.32-ssec.3) In this section— compliance statement , for a financial year, means a statement in the approved form about a land trust’s compliance in the financial year with the obligations imposed on it under the Act and the rules of the land trust.\n- (a) a copy of the minutes of the meeting; and\n- (b) a compliance statement for the financial year; and\n- (c) the names and addresses of all the current members of the land trust; and\n- (d) the name of each member of the land trust’s executive committee, and the position held by the member; and\n- (e) a contact telephone number for the chairperson and secretary of the land trust; and\n- (f) the land trust’s address for the service of documents and a contact telephone number for the land trust.\n- (a) a compliance statement for the financial year; and\n- (b) the names and addresses of all the current members of the land trust; and\n- (c) the name of each member of the land trust’s executive committee, and the position held by the member; and\n- (d) a contact telephone number for the chairperson and secretary of the land trust; and\n- (e) the land trust’s address for the service of documents and a contact telephone number for the land trust.","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Land trust to keep minutes of meetings","content":"### sec.33 Land trust to keep minutes of meetings\n\nA land trust must keep minutes of its general meetings.","sortOrder":40},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Dissolution of land trust and transfer of trust property","content":"## Dissolution of land trust and transfer of trust property","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"Dissolution of land trust if transferred land becomes granted land","content":"### sec.34 Dissolution of land trust if transferred land becomes granted land\n\nThis section applies if—\nthe whole of an area of transferred land becomes granted land; and\na land trust was formed to hold the transferred land; and\nthe Minister appoints an entity other than the land trust to hold the deed of grant for the granted land.\nThe Minister must, by gazette notice, dissolve the land trust formed to hold the transferred land.\nWhen the land trust is dissolved, all its property, rights and liabilities become the property, rights and liabilities of the entity that holds the granted land.\n(sec.34-ssec.1) This section applies if— the whole of an area of transferred land becomes granted land; and a land trust was formed to hold the transferred land; and the Minister appoints an entity other than the land trust to hold the deed of grant for the granted land.\n(sec.34-ssec.2) The Minister must, by gazette notice, dissolve the land trust formed to hold the transferred land.\n(sec.34-ssec.3) When the land trust is dissolved, all its property, rights and liabilities become the property, rights and liabilities of the entity that holds the granted land.\n- (a) the whole of an area of transferred land becomes granted land; and\n- (b) a land trust was formed to hold the transferred land; and\n- (c) the Minister appoints an entity other than the land trust to hold the deed of grant for the granted land.","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Transfer of property if part of transferred land becomes granted land","content":"### sec.35 Transfer of property if part of transferred land becomes granted land\n\nThis section applies if—\na part of transferred land becomes granted land; and\na land trust was formed to hold the transferred land; and\nthe Minister appoints an entity other than the land trust (the new entity ) to hold the deed of grant for the granted land.\nThe Minister must by gazette notice—\nset out the description of the land as set out in the deed of grant held by the new entity; and\nstate the property, rights and liabilities of the land trust that are to become the property, rights or liabilities of the new entity.\nOn publication of the gazette notice, the stated property, rights and liabilities of the land trust become the property, rights and liabilities of the new entity.\n(sec.35-ssec.1) This section applies if— a part of transferred land becomes granted land; and a land trust was formed to hold the transferred land; and the Minister appoints an entity other than the land trust (the new entity ) to hold the deed of grant for the granted land.\n(sec.35-ssec.2) The Minister must by gazette notice— set out the description of the land as set out in the deed of grant held by the new entity; and state the property, rights and liabilities of the land trust that are to become the property, rights or liabilities of the new entity.\n(sec.35-ssec.3) On publication of the gazette notice, the stated property, rights and liabilities of the land trust become the property, rights and liabilities of the new entity.\n- (a) a part of transferred land becomes granted land; and\n- (b) a land trust was formed to hold the transferred land; and\n- (c) the Minister appoints an entity other than the land trust (the new entity ) to hold the deed of grant for the granted land.\n- (a) set out the description of the land as set out in the deed of grant held by the new entity; and\n- (b) state the property, rights and liabilities of the land trust that are to become the property, rights or liabilities of the new entity.","sortOrder":43},{"sectionNumber":"pt.3","sectionType":"part","heading":null,"content":"","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 2014 Act No. 45 s 28","sortOrder":45},{"sectionNumber":"pt.4","sectionType":"part","heading":"Mining royalties","content":"# Mining royalties","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Prescribed percentage— Act , s 203","content":"### sec.37 Prescribed percentage— Act , s 203\n\nFor section 203 (2) of the Act , the percentage of the royalty amount received in a financial year is—\n100% of each $1 of the royalty amount up to and including, but not more than, the threshold amount for paragraph (a) ; and\n50% of each $1 of the royalty amount that is more than the threshold amount for paragraph (a) but not more than the threshold amount for paragraph (b) ; and\n33.32% of each $1 of the royalty amount that is more than the threshold amount for paragraph (b) but not more than the threshold amount for paragraph (c) ; and\n20% of each $1 of the royalty amount that is more than the threshold amount for paragraph (c) but not more than the threshold amount for paragraph (d) ; and\n10% of each $1 of the royalty amount that is more than the threshold amount for paragraph (d) .\nIn this section—\nconsumer price index means the all groups consumer price index for Brisbane published by the Australian Statistician.\nthreshold amount —\nfor the financial year ending 30 June 2011—\nfor paragraph (a) , means $100,000; and\nfor paragraph (b) , means $200,000; and\nfor paragraph (c) , means $500,000; and\nfor paragraph (d) , means $1,000,000; and\nfor a later financial year—for paragraphs (a) , (b) , (c) and (d) , means the threshold amount for the particular paragraph for the financial year immediately preceding the later financial year (the previous financial year ) increased by the consumer price index for the previous financial year.\n(sec.37-ssec.1) For section 203 (2) of the Act , the percentage of the royalty amount received in a financial year is— 100% of each $1 of the royalty amount up to and including, but not more than, the threshold amount for paragraph (a) ; and 50% of each $1 of the royalty amount that is more than the threshold amount for paragraph (a) but not more than the threshold amount for paragraph (b) ; and 33.32% of each $1 of the royalty amount that is more than the threshold amount for paragraph (b) but not more than the threshold amount for paragraph (c) ; and 20% of each $1 of the royalty amount that is more than the threshold amount for paragraph (c) but not more than the threshold amount for paragraph (d) ; and 10% of each $1 of the royalty amount that is more than the threshold amount for paragraph (d) .\n(sec.37-ssec.2) In this section— consumer price index means the all groups consumer price index for Brisbane published by the Australian Statistician. threshold amount — for the financial year ending 30 June 2011— for paragraph (a) , means $100,000; and for paragraph (b) , means $200,000; and for paragraph (c) , means $500,000; and for paragraph (d) , means $1,000,000; and for a later financial year—for paragraphs (a) , (b) , (c) and (d) , means the threshold amount for the particular paragraph for the financial year immediately preceding the later financial year (the previous financial year ) increased by the consumer price index for the previous financial year.\n- (a) 100% of each $1 of the royalty amount up to and including, but not more than, the threshold amount for paragraph (a) ; and\n- (b) 50% of each $1 of the royalty amount that is more than the threshold amount for paragraph (a) but not more than the threshold amount for paragraph (b) ; and\n- (c) 33.32% of each $1 of the royalty amount that is more than the threshold amount for paragraph (b) but not more than the threshold amount for paragraph (c) ; and\n- (d) 20% of each $1 of the royalty amount that is more than the threshold amount for paragraph (c) but not more than the threshold amount for paragraph (d) ; and\n- (e) 10% of each $1 of the royalty amount that is more than the threshold amount for paragraph (d) .\n- (a) for the financial year ending 30 June 2011— (i) for paragraph (a) , means $100,000; and (ii) for paragraph (b) , means $200,000; and (iii) for paragraph (c) , means $500,000; and (iv) for paragraph (d) , means $1,000,000; and\n- (i) for paragraph (a) , means $100,000; and\n- (ii) for paragraph (b) , means $200,000; and\n- (iii) for paragraph (c) , means $500,000; and\n- (iv) for paragraph (d) , means $1,000,000; and\n- (b) for a later financial year—for paragraphs (a) , (b) , (c) and (d) , means the threshold amount for the particular paragraph for the financial year immediately preceding the later financial year (the previous financial year ) increased by the consumer price index for the previous financial year.\n- (i) for paragraph (a) , means $100,000; and\n- (ii) for paragraph (b) , means $200,000; and\n- (iii) for paragraph (c) , means $500,000; and\n- (iv) for paragraph (d) , means $1,000,000; and","sortOrder":47},{"sectionNumber":"pt.5","sectionType":"part","heading":"Appeals to Land Appeal Court","content":"# Appeals to Land Appeal Court","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"Application of pt 5","content":"### sec.38 Application of pt 5\n\nThis part applies for section 233 of the Act .","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Starting appeal to Land Appeal Court","content":"### sec.39 Starting appeal to Land Appeal Court\n\nA party to a proceeding before the Land Tribunal may appeal, or seek leave to appeal, against a decision of the tribunal mentioned in section 233 of the Act , by giving a written notice of appeal—\nto the registrar of the Land Appeal Court; and\nto all other parties to the proceeding before the tribunal or a party’s authorised agent; and\nto the registrar of the tribunal.\nThe notice must be given no later than 42 days after the tribunal’s decision was given to the party.\nIf—\nmore than 5 Aboriginal people made the land claim the subject of the decision that is appealed against; or\nmore than 5 other people have a common interest in the appeal;\nthe registrar of the Land Appeal Court may, on application by the party who is appealing, provide for substituted service as the registrar considers reasonable.\n(sec.39-ssec.1) A party to a proceeding before the Land Tribunal may appeal, or seek leave to appeal, against a decision of the tribunal mentioned in section 233 of the Act , by giving a written notice of appeal— to the registrar of the Land Appeal Court; and to all other parties to the proceeding before the tribunal or a party’s authorised agent; and to the registrar of the tribunal.\n(sec.39-ssec.2) The notice must be given no later than 42 days after the tribunal’s decision was given to the party.\n(sec.39-ssec.3) If— more than 5 Aboriginal people made the land claim the subject of the decision that is appealed against; or more than 5 other people have a common interest in the appeal; the registrar of the Land Appeal Court may, on application by the party who is appealing, provide for substituted service as the registrar considers reasonable.\n- (a) to the registrar of the Land Appeal Court; and\n- (b) to all other parties to the proceeding before the tribunal or a party’s authorised agent; and\n- (c) to the registrar of the tribunal.\n- (a) more than 5 Aboriginal people made the land claim the subject of the decision that is appealed against; or\n- (b) more than 5 other people have a common interest in the appeal;","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Court may accept some noncompliance with s 39","content":"### sec.40 Court may accept some noncompliance with s 39\n\nThis section applies if a party to a proceeding before the Land Tribunal—\ncomplies with section 39 , other than section 39 (2) , no later than 70 days after the tribunal’s decision was given to the party and the Land Appeal Court is satisfied the party’s reasons for the noncompliance are reasonable; or\ndoes not comply with section 39 because the party’s notice of appeal is defective and the Land Appeal Court decides the defect does not result in a detriment to the person on whom it was served and does not mislead the registrar of the Land Appeal Court.\nThe party is taken to have complied with section 39 for the proceeding.\n(sec.40-ssec.1) This section applies if a party to a proceeding before the Land Tribunal— complies with section 39 , other than section 39 (2) , no later than 70 days after the tribunal’s decision was given to the party and the Land Appeal Court is satisfied the party’s reasons for the noncompliance are reasonable; or does not comply with section 39 because the party’s notice of appeal is defective and the Land Appeal Court decides the defect does not result in a detriment to the person on whom it was served and does not mislead the registrar of the Land Appeal Court.\n(sec.40-ssec.2) The party is taken to have complied with section 39 for the proceeding.\n- (a) complies with section 39 , other than section 39 (2) , no later than 70 days after the tribunal’s decision was given to the party and the Land Appeal Court is satisfied the party’s reasons for the noncompliance are reasonable; or\n- (b) does not comply with section 39 because the party’s notice of appeal is defective and the Land Appeal Court decides the defect does not result in a detriment to the person on whom it was served and does not mislead the registrar of the Land Appeal Court.","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Other parties may give notice of appearance","content":"### sec.41 Other parties may give notice of appearance\n\nA person who—\nis given a notice of appeal; and\nis interested in the appeal;\nmay become a party to the appeal by giving the registrar of the Land Appeal Court a written notice of appearance no later than 30 days after the person was given the notice of appeal.\n- (a) is given a notice of appeal; and\n- (b) is interested in the appeal;","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"Parties to prepare summary of arguments and of new evidence","content":"### sec.42 Parties to prepare summary of arguments and of new evidence\n\nA party to an appeal must give the registrar of the Land Appeal Court, and any other party who has given a written notice of appearance, a written summary of—\nthe arguments the party intends to make at the hearing of the appeal; and\nany new evidence the party intends to produce at the hearing of the appeal; and\nthe names, addresses and occupations of the witnesses through whom it is proposed to adduce any new evidence.\nThe written summary must be given at least 7 days before the day on which the hearing of the appeal is to start.\nEvidence not included in the summary under subsection (1) may be adduced at the hearing of the appeal only with the consent of the Land Appeal Court given on the terms as to costs and adjournments, and the conditions, the court considers appropriate.\n(sec.42-ssec.1) A party to an appeal must give the registrar of the Land Appeal Court, and any other party who has given a written notice of appearance, a written summary of— the arguments the party intends to make at the hearing of the appeal; and any new evidence the party intends to produce at the hearing of the appeal; and the names, addresses and occupations of the witnesses through whom it is proposed to adduce any new evidence.\n(sec.42-ssec.2) The written summary must be given at least 7 days before the day on which the hearing of the appeal is to start.\n(sec.42-ssec.3) Evidence not included in the summary under subsection (1) may be adduced at the hearing of the appeal only with the consent of the Land Appeal Court given on the terms as to costs and adjournments, and the conditions, the court considers appropriate.\n- (a) the arguments the party intends to make at the hearing of the appeal; and\n- (b) any new evidence the party intends to produce at the hearing of the appeal; and\n- (c) the names, addresses and occupations of the witnesses through whom it is proposed to adduce any new evidence.","sortOrder":53},{"sectionNumber":"sec.43","sectionType":"section","heading":"Legal representation","content":"### sec.43 Legal representation\n\nA party to an appeal may be represented by the party’s lawyer or agent.","sortOrder":54},{"sectionNumber":"sec.44","sectionType":"section","heading":"Forms for appeals","content":"### sec.44 Forms for appeals\n\nIf a form for a type of court document is approved for use under the Land Court Rules 2000 , a party to an appeal must use the form, with necessary changes, when the party is required to give a form of that type.","sortOrder":55},{"sectionNumber":"pt.6","sectionType":"part","heading":"Protected areas in Cape York Peninsula Region","content":"# Protected areas in Cape York Peninsula Region","sortOrder":56},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 om 2019 Act No. 17 s 25","sortOrder":57},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 om 2019 Act No. 17 s 25","sortOrder":58},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 om 2019 Act No. 17 s 25","sortOrder":59},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 om 2019 Act No. 17 s 25","sortOrder":60},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Prescribed protected areas— Act , s 173","content":"### sec.48A Prescribed protected areas— Act , s 173\n\nFor section 173 (4) of the Act , definition prescribed protected area , paragraph (b) , a resources reserve stated in schedule 1 is prescribed.\nSection 174 of the Act provides that prescribed protected areas in the Cape York Peninsula Region are transferable land.\ns 48A ins 2018 SL No. 57 s 3\namd 2019 Act No. 17 s 27","sortOrder":61},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":62},{"sectionNumber":"sec.48AA","sectionType":"section","heading":"Available State land that is claimable land— Act , s 23","content":"### sec.48AA Available State land that is claimable land— Act , s 23\n\nFor section 23 (1) (a) of the Act , the available State land described in schedule 2 is declared to be claimable land.\ns 48AA ins 2019 Act No. 17 s 28","sortOrder":63},{"sectionNumber":"sec.49","sectionType":"section","heading":"References to plans","content":"### sec.49 References to plans\n\nIn schedules 1 and 2 , a reference to a plan is a reference to a plan held by, and available for inspection in, the department.\ns 49 amd 2018 SL No. 57 s 4 (1)\nreloc 2018 SL No. 57 s 4 (2)\namd 2019 Act No. 17 s 29","sortOrder":64},{"sectionNumber":"sec.50","sectionType":"section","heading":"Application of provisions for particular land","content":"### sec.50 Application of provisions for particular land\n\nThis section applies to land that—\nis granted under part 4 of the Act ; and\nis held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\nSections 15 and 22 apply in relation to the land—\nas if the reference in section 15 (4) , definition individual to an Aboriginal person particularly concerned with the land included a reference to a Torres Strait Islander particularly concerned with the land; and\nas if the reference in section 22 (a) to Aboriginal people included a reference to Torres Strait Islanders.\ns 50 amd 2014 Act No. 45 s 29\n(sec.50-ssec.1) This section applies to land that— is granted under part 4 of the Act ; and is held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\n(sec.50-ssec.2) Sections 15 and 22 apply in relation to the land— as if the reference in section 15 (4) , definition individual to an Aboriginal person particularly concerned with the land included a reference to a Torres Strait Islander particularly concerned with the land; and as if the reference in section 22 (a) to Aboriginal people included a reference to Torres Strait Islanders.\n- (a) is granted under part 4 of the Act ; and\n- (b) is held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.\n- (a) as if the reference in section 15 (4) , definition individual to an Aboriginal person particularly concerned with the land included a reference to a Torres Strait Islander particularly concerned with the land; and\n- (b) as if the reference in section 22 (a) to Aboriginal people included a reference to Torres Strait Islanders.","sortOrder":65},{"sectionNumber":"sec.50A","sectionType":"section","heading":null,"content":"### Section sec.50A\n\ns 50A ins 2013 SL No. 254 s 4\nsub 2018 SL No. 118 s 3\namd 2018 SL No. 170 s 3 ; 2019 SL No. 20 s 3 ; 2019 SL No. 75 s 3\nom 2019 Act No. 17 s 30","sortOrder":66},{"sectionNumber":"sec.50B","sectionType":"section","heading":"Land for model freehold schedule","content":"### sec.50B Land for model freehold schedule\n\nFor section 32D (4) of the Act , freehold option land for which there is an interest holder on the commencement of this section is prescribed as a type of freehold option land.\ns 50B ins 2014 Act No. 45 s 30","sortOrder":67},{"sectionNumber":"pt.8","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":68},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":69},{"sectionNumber":"sec.51","sectionType":"section","heading":"Repeal","content":"### sec.51 Repeal\n\nThe Aboriginal Land Regulation 1991, SL No. 218 is repealed.","sortOrder":70},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":71},{"sectionNumber":"sec.52","sectionType":"section","heading":"Definition for div 2","content":"### sec.52 Definition for div 2\n\nIn this division—\ncommencement means the day this division commences.","sortOrder":72},{"sectionNumber":"sec.53","sectionType":"section","heading":"Members of executive committee continue in office","content":"### sec.53 Members of executive committee continue in office\n\nThis section applies to a person who is the chairperson, deputy chairperson, secretary or other office holder on the executive committee of a land trust immediately before the commencement.\nOn the commencement, the person continues as the chairperson, deputy chairperson, secretary or other office holder on the executive committee of the land trust.\n(sec.53-ssec.1) This section applies to a person who is the chairperson, deputy chairperson, secretary or other office holder on the executive committee of a land trust immediately before the commencement.\n(sec.53-ssec.2) On the commencement, the person continues as the chairperson, deputy chairperson, secretary or other office holder on the executive committee of the land trust.","sortOrder":73},{"sectionNumber":"sec.54","sectionType":"section","heading":"Land trust’s adopted rules continue","content":"### sec.54 Land trust’s adopted rules continue\n\nThis section applies to a land trust in existence immediately before the commencement.\nThe adopted rules of the land trust under the repealed regulation are taken to be the land trust’s adopted rules under this regulation.\n(sec.54-ssec.1) This section applies to a land trust in existence immediately before the commencement.\n(sec.54-ssec.2) The adopted rules of the land trust under the repealed regulation are taken to be the land trust’s adopted rules under this regulation.","sortOrder":74},{"sectionNumber":"sec.55","sectionType":"section","heading":"Continuing operation of particular provisions of repealed regulation","content":"### sec.55 Continuing operation of particular provisions of repealed regulation\n\nThis section applies—\nto an Aboriginal land claim association incorporated under the repealed regulation and in existence immediately before the commencement; and\nuntil the day that is 3 years after the commencement; and\ndespite the repeal of the repealed regulation.\nThe following provisions of the repealed regulation continue in force for the purpose of the dissolution or winding-up of the association—\nsection 2, to the extent it includes the following definitions—\nassociation;\nland claim;\nland claim purposes;\npublic officer;\nsections 16 to 18.\nIf a provision that is continued in force under this section imposes an obligation on an entity or provides for an entity to take a particular action in relation to the dissolution or winding-up of an Aboriginal land claim association, while the provision is continued in force—\nthe obligation continues to be imposed on the entity; and\nthe entity may take the action.\n(sec.55-ssec.1) This section applies— to an Aboriginal land claim association incorporated under the repealed regulation and in existence immediately before the commencement; and until the day that is 3 years after the commencement; and despite the repeal of the repealed regulation.\n(sec.55-ssec.2) The following provisions of the repealed regulation continue in force for the purpose of the dissolution or winding-up of the association— section 2, to the extent it includes the following definitions— association; land claim; land claim purposes; public officer; sections 16 to 18.\n(sec.55-ssec.3) If a provision that is continued in force under this section imposes an obligation on an entity or provides for an entity to take a particular action in relation to the dissolution or winding-up of an Aboriginal land claim association, while the provision is continued in force— the obligation continues to be imposed on the entity; and the entity may take the action.\n- (a) to an Aboriginal land claim association incorporated under the repealed regulation and in existence immediately before the commencement; and\n- (b) until the day that is 3 years after the commencement; and\n- (c) despite the repeal of the repealed regulation.\n- (a) section 2, to the extent it includes the following definitions— (i) association; (ii) land claim; (iii) land claim purposes; (iv) public officer;\n- (i) association;\n- (ii) land claim;\n- (iii) land claim purposes;\n- (iv) public officer;\n- (b) sections 16 to 18.\n- (i) association;\n- (ii) land claim;\n- (iii) land claim purposes;\n- (iv) public officer;\n- (a) the obligation continues to be imposed on the entity; and\n- (b) the entity may take the action.","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Chief executive may dissolve Aboriginal land claim associations","content":"### sec.56 Chief executive may dissolve Aboriginal land claim associations\n\nThis section applies—\nto an Aboriginal land claim association incorporated under the repealed regulation and in existence on the commencement; and\nuntil the day that is 3 years after the commencement; and\nif the chief executive is satisfied the association is no longer needed for land claim purposes.\nThe chief executive may give the association a written notice stating—\nthe chief executive intends to dissolve the association; and\nthe reason for the proposed dissolution; and\nthat the association may make written representations to the chief executive about the proposed dissolution; and\nthe reasonable period, of at least 3 months, in which the representations may be made.\nThe chief executive must consider all representations made under subsection (2).\nIf, after considering all representations made under subsection (2), the chief executive is satisfied the association is no longer needed for land claim purposes, the chief executive may, by gazette notice, dissolve the association.\nThe dissolution of the association has effect on the day the gazette notice is published.\nIf the association is dissolved under this section, the assets and liabilities of the association vest in the State.\n(sec.56-ssec.1) This section applies— to an Aboriginal land claim association incorporated under the repealed regulation and in existence on the commencement; and until the day that is 3 years after the commencement; and if the chief executive is satisfied the association is no longer needed for land claim purposes.\n(sec.56-ssec.2) The chief executive may give the association a written notice stating— the chief executive intends to dissolve the association; and the reason for the proposed dissolution; and that the association may make written representations to the chief executive about the proposed dissolution; and the reasonable period, of at least 3 months, in which the representations may be made.\n(sec.56-ssec.3) The chief executive must consider all representations made under subsection (2).\n(sec.56-ssec.4) If, after considering all representations made under subsection (2), the chief executive is satisfied the association is no longer needed for land claim purposes, the chief executive may, by gazette notice, dissolve the association.\n(sec.56-ssec.5) The dissolution of the association has effect on the day the gazette notice is published.\n(sec.56-ssec.6) If the association is dissolved under this section, the assets and liabilities of the association vest in the State.\n- (a) to an Aboriginal land claim association incorporated under the repealed regulation and in existence on the commencement; and\n- (b) until the day that is 3 years after the commencement; and\n- (c) if the chief executive is satisfied the association is no longer needed for land claim purposes.\n- (a) the chief executive intends to dissolve the association; and\n- (b) the reason for the proposed dissolution; and\n- (c) that the association may make written representations to the chief executive about the proposed dissolution; and\n- (d) the reasonable period, of at least 3 months, in which the representations may be made.","sortOrder":76}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has narrowed in some areas since commencement — several sections covering Cape York Peninsula protected areas (ss 45–48) and at least one other section (s 50A) were repealed by a 2019 Act, and s 36 was removed by a 2014 Act. On the other hand, new provisions were added over time, including claimable land declarations (s 48AA), resources reserve schedules (s 48A), and freehold option land provisions (s 50B). Overall, the regulation has been progressively trimmed of some Cape York-specific provisions while gaining new land classification tools, representing a modest shift in emphasis from its original scope."},"complexity_factors":["Multiple interlocking parts covering governance, finance, royalties, appeals and land transfers — readers must understand how they interact","Sliding-scale royalty formula with CPI-adjusted thresholds that change every year requires mathematical interpretation","Distinguishes between different types of land (transferred land, granted land, claimable land, freehold option land) without defining them in the regulation itself — definitions are in the parent Act","Frequent cross-references to the parent Act (Aboriginal Land Act) and other legislation (Trusts Act 1973, Land Court Rules 2000) that must be read alongside this regulation","Proxy voting rules include nuanced counting scenarios (member-as-proxy, multiple proxies) that require careful reading","Transitional provisions require understanding the old 1991 regulation to assess ongoing obligations for existing associations","Sections omitted or repealed mid-text create gaps in numbering that can confuse readers about what the law currently says","Torres Strait Islander provisions are tucked into a miscellaneous section rather than integrated throughout, requiring cross-referencing"],"plain_english_summary":"This regulation sets the operational, governance and financial rules for Aboriginal land trusts in Queensland, including member protections, required rulebooks and reporting. It tiers financial accountability by annual income and updates transitional arrangements for older land claim associations.\n\nIt also fixes a sliding-scale formula for mining royalties paid to communities, specifies a 42‑day Land Appeal Court window for land decisions, and affects Aboriginal and some Torres Strait Islander communities, trust members, mining companies and dispute participants."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.5 and sec.6","severity":"low","reasoning":"The combined effect of ss.5 and 6 is somewhat circular: s.5 indemnifies members only for non-negligent acts, while s.6 makes members accountable for their own neglects. A member who acts negligently is accountable under s.6 and not indemnified under s.5 - this is internally consistent. However, s.6(2)(c) says a member is not accountable for 'insufficiency or deficiency of securities or another loss unless the insufficiency, deficiency or loss happens because of the member's default', which reintroduces a negligence-adjacent concept ('default') that is not clearly mapped to the indemnity framework in s.5, creating ambiguity about whether a 'default' short of 'negligence' triggers liability without indemnity.","confidence":0.55,"description":"Section 5 requires the land trust to indemnify members for acts done 'without negligence', while section 6 provides immunity for members' own 'neglects'. The indemnity in s.5 covers acts done without negligence, but s.6(1)(b) makes members accountable only for their own 'neglects or defaults', creating a tension where a member who is negligent is accountable under s.6 but the indemnity in s.5 does not cover negligent acts - yet the immunity provision in s.6 simultaneously acknowledges the existence of member neglect as a category of liability without clearly excluding it from indemnity."},{"type":"impossible_compliance","section":"sec.8","severity":"medium","reasoning":"A single-member land trust must appoint that member as chairperson (s.8(a)), but is not required to appoint a deputy chairperson (s.8(b) only applies if there is more than 1 member) or secretary (s.8(c) only applies if there are more than 2 members). Section 9(1) provides only the deputy chairperson can act as chairperson in a vacancy. With one member, there is no deputy and no substitute, leaving the trust without leadership during any vacancy or incapacity. Section 9(2) allows 'any member' to act as secretary, but with only one member who is the incapacitated or absent chairperson, this is also inoperable.","confidence":0.8,"description":"Section 8 allows a land trust to have a single member as chairperson, with no deputy chairperson or secretary required. Section 9(1) then provides that the deputy chairperson may act as chairperson during a vacancy or absence - but if the land trust has only one member, there is no deputy chairperson and no other member to act, meaning there is no mechanism for the trust to function if the sole chairperson is absent or the office is vacant."},{"type":"impossible_compliance","section":"sec.10","severity":"medium","reasoning":"The land trust acts through its members. If there is only one member, any decision to 'accept' a resignation would need to be made by that same member on behalf of the trust. This creates a logical impossibility: the member must act as the trust to accept their own resignation, which collapses the distinction between the member and the trust the provision relies upon. There is no fallback mechanism provided.","confidence":0.75,"description":"Section 10 allows a member to resign by giving signed notice to the land trust, but the resignation does not take effect until 'accepted by the land trust'. In a single-member land trust, the sole member cannot resign because the land trust has no other mechanism to accept the resignation - the member would need to accept their own resignation on behalf of the trust, or remain indefinitely trapped."},{"type":"other","section":"sec.17(3)","severity":"low","reasoning":"The fixed count of 'only twice' (once as member, once as proxy regardless of number of proxy appointments) means that a single individual holding proxies for many absent members counts the same as one holding a single proxy. While this is a deliberate simplification, it creates an oddity where the quorum calculation does not reflect the actual number of principals represented, potentially making quorum easier or harder to achieve in ways inconsistent with the purpose of quorum requirements.","confidence":0.65,"description":"Section 17(3) provides that if an individual attends both as a member and as a proxy for one or more persons, they are counted 'only twice' for quorum purposes. This creates the odd result that a person representing five members as proxy is counted the same as a person representing only one - the proxy counting rule does not scale with the number of principals represented, potentially allowing quorum to be met or not met arbitrarily depending on how proxies are aggregated."},{"type":"other","section":"sec.20","severity":"low","reasoning":"The two-year window seems excessively long as a governance safeguard. If a land trust earns $20,001 in year one, it has until the end of year three to hold an election. During this time the existing (potentially unelected or self-appointed) executive committee manages what may be significant trust property. The provision's purpose appears to be ensuring democratic accountability when trusts become financially active, but the extended timeframe undermines that purpose.","confidence":0.6,"description":"Section 20 requires an election of executive committee members to be held 'within 2 years after the end of the financial year' in which income exceeded $20,000. This means an election could be required up to two full years after the income threshold was triggered, allowing an unelected executive committee to continue governing trust property for an extended period despite the financial activity that triggered the democratic accountability requirement."},{"type":"impossible_compliance","section":"sec.29(2)","severity":"low","reasoning":"The financial statement must be prepared by 30 September, adopted by 30 September, and then audited with the report received by 30 November - a window of only 2 months. While not strictly impossible, this is operationally very tight and the regulation provides no grace or extension mechanism.","confidence":0.55,"description":"Section 29(2) requires the audit to be completed and the land trust to receive the audit report 'by 30 November in the financial year after the financial year for which the accounts are audited'. This means, for accounts for the financial year ending 30 June 2024, the audit must be completed by 30 November 2024 - only 5 months after year end. However, section 28(1) requires the annual financial statement (which would ordinarily be the basis for audit) to be prepared and adopted by 30 September, giving the auditor potentially only 2 months to complete the audit. This is a very tight and potentially unworkable timeline in practice for smaller trusts."},{"type":"other","section":"sec.37(1)(c)","severity":"low","reasoning":"The royalty scale follows an obvious pattern: 100%, 50%, ~33.33% (one third), 20%, 10%. The use of 33.32% instead of 33.33% (or simply one-third) creates a minor but real discrepancy in the calculated royalty amounts over large royalty sums, which could be material for high-value mining operations. This appears to be a drafting error rather than deliberate policy.","confidence":0.85,"description":"The prescribed royalty percentage for the third bracket is stated as '33.32%' rather than one-third (33.33% recurring). This appears to be a drafting error introducing a slight mathematical imprecision, meaning the percentage does not represent an even one-third as clearly intended by the graduated scale (100%, 50%, 1/3, 20%, 10%)."},{"type":"impossible_compliance","section":"sec.56(2)(d) and sec.56(4)","severity":"medium","reasoning":"If the chief executive gives a dissolution notice on, say, day 1000 of the 1095-day (3-year) window, the minimum 3-month representation period would expire after the section ceases to apply. The section provides no savings provision or mechanism to complete a dissolution process begun under s.56 if the 3-year window closes before the process concludes. This could render dissolution notices given in the final 3 months of the operative period legally ineffective.","confidence":0.75,"description":"Section 56(2)(d) requires the chief executive to allow 'a reasonable period, of at least 3 months' for representations about proposed dissolution. However, section 56(1)(b) limits the entire operation of section 56 to 'until the day that is 3 years after the commencement'. If a dissolution notice is given close to the 3-year cut-off, the association may be given a 3-month representation period that extends beyond the section's operative window, creating uncertainty about whether the dissolution process can be completed."},{"type":"circular_definition","section":"sec.52","severity":"low","reasoning":"The definition of 'commencement' as 'the day this division commences' is tautological. While the actual commencement date can be determined by reference to s.2 of the regulation, the definition itself is circular and adds no clarity. A reader relying solely on the definition within div.2 cannot determine the commencement date from the definition alone.","confidence":0.9,"description":"Section 52 defines 'commencement' as 'the day this division commences' - a purely circular definition that tells the reader nothing about when commencement actually occurs. The definition is self-referential and provides no substantive content."}],"contradictions":[{"severity":"low","section_a":"sec.5","section_b":"sec.6(1)(b)","confidence":0.5,"description":"Section 5 requires the land trust to indemnify members against proceedings and claims arising from acts done 'without negligence'. Section 6(1)(b) makes members 'answerable and accountable only for the member's own acts, receipts, neglects or defaults'. The inclusion of 'neglects' in s.6(1)(b) as a category of member accountability implies members are accountable for negligent acts, but s.5 only indemnifies against non-negligent acts. The two provisions together suggest members are accountable for negligence but get no indemnity for it - which is internally consistent but creates a gap: s.6 does not expressly exclude indemnity for negligent acts, it merely defines accountability, leaving the relationship between the two provisions ambiguous."},{"severity":"low","section_a":"sec.11(4)","section_b":"sec.12","confidence":0.55,"description":"Section 11(4) provides that if there is an inconsistency between subdivision 2 or 3 and a land trust's adopted rules, the subdivision prevails. Section 12 mandates that adopted rules 'must include provision for' a list of matters including 'the procedure for adopting changes to the adopted rules'. This creates a potential circularity: the procedure for changing rules must be in the adopted rules (s.12(i)), but if those procedural rules conflict with subdivisions 2 or 3, the subdivisions prevail (s.11(4)), potentially overriding the very procedures by which rules are supposed to be changed."},{"severity":"low","section_a":"sec.28(1)","section_b":"sec.30(2)(a)","confidence":0.6,"description":"Section 28(1) requires a land trust to prepare and adopt an annual financial statement if its total income exceeds $20,000. Section 30(2)(a) allows a land trust to dispense with its annual general meeting if total income is not more than $20,000. At exactly $20,000 income, s.28(1) does not require a financial statement (the threshold is 'more than $20,000') and s.30(2)(a) permits skipping the AGM (income is 'not more than $20,000'). This is consistent. However, s.29(4) uses 'not more than $20,000' to exempt from audit while s.28(1) uses 'more than $20,000' to trigger the financial statement obligation - the thresholds are expressed consistently but the interaction with s.20 (which uses 'more than $20,000' for election obligations) means a trust earning exactly $20,000 need not hold elections, need not prepare financial statements, and need not be audited, yet must still maintain accounts under s.27 - creating an accountability gap at that precise threshold."},{"severity":"medium","section_a":"sec.31(1)(a)","section_b":"sec.8","confidence":0.85,"description":"Section 31(1)(a) requires 'at least 3 members' of a land trust to request the chief executive to call a general meeting. However, s.8 allows a land trust to have as few as 1 member (only a chairperson is mandatory). A single-member or two-member land trust can never satisfy the precondition of having 3 members make a request, making the chief executive's power to call a meeting under s.31 inaccessible for small land trusts regardless of circumstances."},{"severity":"low","section_a":"sec.31(4)(b)","section_b":"sec.31(1)(a)","confidence":0.7,"description":"Section 31(4)(b) sets the default quorum for a chief-executive-called meeting at 3 members. Section 31(1)(a) requires at least 3 members to have requested the meeting. In a land trust with exactly 3 members, all 3 must have requested the meeting AND all 3 must attend to form a quorum. If any one of the requesting members fails to attend, quorum cannot be achieved - meaning the meeting the members themselves requested cannot proceed. This is not impossible but creates a practical absurdity for small trusts."},{"severity":"medium","section_a":"sec.39(2)","section_b":"sec.40(1)(a)","confidence":0.8,"description":"Section 39(2) sets a 42-day deadline for filing a notice of appeal. Section 40(1)(a) allows the court to accept compliance with s.39 (other than s.39(2)) up to 70 days after the decision, if the reasons for non-compliance are reasonable. This means the 28-day extension in s.40 applies only to non-compliance with provisions other than the 42-day time limit - the time limit itself cannot be extended under s.40. A party who files all documents correctly but one day late (day 43) gets no relief under s.40, while a party who files within 70 days but with defective documents (s.40(1)(b)) may be relieved. The asymmetry between a minor time overrun and a substantively defective notice creates an anomalous outcome."}]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation extends beyond simple internal governance rules for land trusts by incorporating additional subject-matter over time: a specific, formulaic regime for splitting mining royalties (s37); prescription of protected areas in the Cape York Peninsula Region and declaration of particular State land as claimable (s48A, s48AA); and transitional and dissolution powers for legacy Aboriginal land claim associations (pt 8, ss55–56). Those additions expand the regulation’s scope from purely trust governance into resource revenue allocation, land status declarations, and administrative dissolution mechanics, increasing its substantive reach compared with an original narrow governance purpose."},"complexity_factors":["Multiple cross-references to the parent Act and to external Acts (Trusts Act 1973, Land Court Rules 2000) throughout the regulation (e.g. ss23,24,44).","Numerous conditional rules keyed to a recurring financial threshold of $20,000 that change obligations (elections, AGMs, audit, ss20,28–30).","Tiered, CPI-indexed formula for mining royalty sharing with multiple bands and annual indexation (s37) — requires arithmetic and historical CPI data for application.","Administrative discretions concentrated in the chief executive and Minister (ss29(1)(d),31,34–35,56) with procedural steps (gazette notices, approvals, substituted service) that affect legal outcomes.","Transitional arrangements and partial continuations of the repealed regulation with time-limited provisions (pt 8, ss51–56), adding extra temporal conditions to compliance.","Detailed meeting and proxy rules with counting nuances for quorum and proxy overlapping roles (ss14–17).","Audit qualification and timing requirements specifying professional memberships and permitting chief executive approvals (s29) create conditional compliance paths.","Multiple schedules and an external dictionary (schedule 1–3 referenced, s3 and s49) that must be consulted to apply certain provisions (e.g. prescribed protected areas, plans).","Appeal process with strict time limits and procedural requirements (pt 5, ss39–42) including substituted service and defective notice rules (ss39–40).","Several omitted or amended sections (notes of omission/amendment) indicating the regulation has been altered over time, increasing interpretive complexity."],"plain_english_summary":"**What this regulation does (mechanically)\n\n- Sets the internal governance, financial and meeting rules for land trusts that hold Aboriginal (and, in some places, Torres Strait Islander) land. Key rules cover: payment of reasonable expenses to members (s4); indemnifying and limiting member liability (ss5–6); requirements for appointing officers (s8) and acting officers (s9); resignation procedures (s10); and the requirement that trusts adopt written rules and give copies to the chief executive (ss11–12).\n\n- Regulates meetings and voting: proxy appointments and how proxies count for quorum (ss14–17); when annual general meetings and special meetings must be held and when the chief executive may call a meeting (ss30–31); minute keeping and what records must be sent to the chief executive after the AGM (ss32–33).\n\n- Imposes financial management, reporting and audit obligations for trusts over a modest size: trusts with total annual income over $20,000 must hold elections of executive committee members within 2 years of the end of the financial year (s20), prepare and adopt annual financial statements by 30 September and give them to the chief executive by 31 December (s28), and have their accounts audited by qualified auditors and provide audit reports by specified dates (s29). Trusts under the $20,000 annual income threshold are exempt from those specific requirements (ss20,28–29,30).\n\n- Controls trust property and investment: trusts must hold and manage trust property for the beneficiaries named (s22), may exercise ordinary owner powers subject to the Act and regulation (s23), and may invest only under the Trusts Act 1973, s21; trust funds may be used to pay staff, consultants and members’ expenses (ss24–25). Insurance receipts for loss or damage are treated as capital and may be applied to repair or replacement (s26).\n\n- Provides rules about dissolution and transfer when transferred land becomes granted land—Ministerial notices in the gazette dissolve or transfer property, rights and liabilities to whoever holds the deed of grant (ss34–35).\n\n- Prescribes how mining royalty income received by a trust is shared (tiered percentages with CPI-indexed thresholds) (s37).\n\n- Sets appeal procedure rules for decisions of the Land Tribunal to the Land Appeal Court: how to start an appeal, time limits, substituted service, summaries of arguments and evidence, representation and forms (pt 5, ss38–44).\n\n- Includes miscellaneous and transitional provisions: prescribes certain protected areas and available State land as claimable land via schedules (s48A, s48AA); continues certain repealed-regulation arrangements during transition and gives the chief executive power to dissolve some former associations during the transition period (pt 8, ss51–56). Definitions are in schedule 3 and plans referenced in schedules 1 and 2 are held by the department (s3, s49).\n\nWho is affected\n\n- Land trusts and their members: governance, meeting rules, liability protection, duties to keep records, and obligations to prepare financial statements and audits once income exceeds $20,000 (ss4–6,11–12,20,27–29).\n- Beneficiaries (Aboriginal people, and where specified Torres Strait Islanders): the trust must operate for their benefit (s22, s50).\n- The chief executive and Minister: given powers to call meetings, accept or approve auditors, require documents, dissolve or transfer trusts in certain circumstances, and publish dissolution/transfer by gazette notice (ss11,31,34–35,56,29(1)(d)).\n- Parties to land claims and mining royalty recipients: appeal procedures affect litigants (pt 5); s37 determines how royalty receipts are divided.\n- External service providers: auditors, banks, consultants and insurers are implicated by standards and treatment of funds (ss24–26,29).\n\nWhy it matters (practical effects and mechanics)\n\n- Governance and accountability: The regulation turns general duties into concrete procedures—written rules, defined meeting mechanics, mandatory minutes and reporting to the chief executive (ss11–12,30,32–33). That creates predictable administrative obligations and records for oversight.\n\n- Financial thresholds shape compliance cost: trusts with more than $20,000 annual income face additional burdens (elections, formal annual statements, independent audit). Smaller trusts avoid audit and some meeting obligations (ss20,28–29,30). Who pays: audit, staff and consultant costs come out of trust property (s25); royalty-sharing rules (s37) affect how much income flows to trusts.\n\n- Central administrative discretion: the chief executive can call meetings (s31), approve auditors (s29(1)(d)), and receive compliance material (s32). The Minister has power to appoint entities holding deeds and to dissolve trusts by gazette notice (ss34–35). Those powers concentrate some decision-making in public officials and create points where administrative judgment affects outcomes.\n\n- Transfer mechanics and legal effect: dissolution or transfer by gazette notice automatically vests trust assets and liabilities in the new deed-holder on publication (ss34–35). That creates a simple, administratively driven legal transfer mechanism, but relies on accuracy of the gazette notice and the Department’s estate of plans and records (s49).\n\n- Mining royalties allocation: s37 sets a tiered sharing formula (100%, 50%, 33.32%, 20%, 10% by bands) with the threshold bands indexed by the Brisbane CPI. That is a formulaic redistribution rule that changes effective receipts as royalties rise and as thresholds increase with inflation.\n\nOfficial purpose-claims and testing them against costs, incentives and risks\n\n- The regulation’s stated or apparent purpose is to provide clear, consistent governance and accountability rules for land trusts, ensure financial oversight for larger trusts, streamline transfers when land status changes, and set transparent royalty-sharing rules (see ss11–12,20,28–29,34–35,37). Against that purpose:\n  - Compliance costs are targeted: smaller trusts are exempted from audits and some meeting obligations (income ≤ $20,000) (ss28–29,30), which reduces burdens where capacity and funds are limited—but trusts just above the threshold bear nontrivial audit and reporting costs paid from trust capital (s25). This creates a cliff where modest income increases can trigger extra administrative expenses.\n  - Administrative discretion concentrates decision points with the chief executive and Minister (ss31,34–35,56). That can speed resolution and standardise outcomes, but risks uneven application and creates implementation dependence on departmental resourcing and record-keeping (s49).\n  - The gazette-based transfer/dissolution mechanism (ss34–35) minimises the need for court processes, reducing transaction time, but places high importance on the accuracy and legality of the gazette notice and the Department’s descriptions of land and property.\n  - The royalty tiers (s37) allocate relatively more proportionally to smaller royalty receipts (100% of first band) and progressively less as amounts rise; that concentrates relative benefit on smaller royalty flows and reduces incremental incentives for trusts to chase larger royalty incomes. CPI-indexing of thresholds reduces need for frequent legislative updates but requires trusts and administrators to calculate indexed thresholds.\n  - Record and audit standards specify recognised professional credentials (s29). In remote areas, access to auditors with those credentials may be limited; the regulation allows the chief executive to approve others, which introduces administrative discretion (s29(1)(d)).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: trusts pay administrative costs (staff, consultants), audits, and members’ expense payments from trust funds (ss25,29). If a trust is dissolved, assets and liabilities transfer to the new deed-holder or to the State if an association is wound up under transitional provisions (ss34–35,56).\n- Who decides: land trust members adopt rules and run meetings (ss11–12,30); the chief executive has supervisory powers (ss11(3),29(1)(d),31,32); the Minister can appoint deed-holders and cause dissolution by gazette (ss34–35). The Land Appeal Court handles appeals under part 5 (pt 5).\n- Behavioural changes: trusts must adopt written rules, keep proper accounts, hold AGMs/elections and obtain audits once income passes the $20,000 threshold; trusts will use trust funds for operational costs; trusts and beneficiaries may seek administrative review or appeal via prescribed processes; mining royalty income planning will need to account for the tiered sharing formula (ss11,20,27–29,37).\n\nImplementation risks and trade-offs (concise)\n\n- Risk that small trusts near the $20,000 threshold face new administrative costs that reduce net benefits (ss20,28–29).\n- Dependence on chief executive and Minister discretion can produce inconsistent application across trusts (ss29(1)(d),31,34–35,56).\n- Practical difficulties in accessing approved auditors in remote areas; approval power mitigates but introduces discretion (s29).\n- CPI-indexing of royalty thresholds simplifies maintenance but requires correct calculation and record-keeping (s37).\n\nKey sections to refer to when taking action: payments and indemnities (ss4–6), rules and meeting mechanics (ss11–17,30–33), financial reporting and audit thresholds (ss20,27–29), investment and use of funds (ss24–26), dissolution/transfer mechanics (ss34–35), mining royalty sharing (s37), appeals (pt 5), and transitional/dissolution powers (ss51–56)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears to maintain its original scope as an operational framework for land trusts under the *Aboriginal Land Act 1991*. While it has been amended over time (notably regarding protected areas in Cape York and freehold conversion provisions), these changes appear to be evolutionary adjustments within the original purpose rather than significant scope creep. The core focus remains on land trust governance, financial management, and transitional arrangements."},"complexity_factors":["Moderate cross-referencing to the parent Act (*Aboriginal Land Act 1991*) without reproducing those provisions","Multiple threshold triggers ($20,000 income thresholds) that activate different obligations (audits, financial statements, elections, meetings)","Tiered percentage calculations for mining royalties with CPI indexation","Transitional provisions preserving old entities (Aboriginal land claim associations) for winding-up purposes","Conditional proxy voting rules with specific quorum counting mechanics","Several sections omitted (sec 18, 19, 21, 36, 45-48, 50A) indicating amendment history that requires reading across to other instruments"],"plain_english_summary":"This regulation sets out the operational rules for **land trusts** that hold Aboriginal land in Queensland under the *Aboriginal Land Act 1991*.\n\n**What it does:**\n- **Protects land trust members**: Members can claim back reasonable expenses, are protected from personal liability when acting honestly and without negligence, and are indemnified (protected from legal costs) by the trust for actions taken in good faith.\n- **Sets up governance rules**: Land trusts must adopt written rules covering how they make decisions, hold meetings, manage money, and resolve disputes. They must appoint a chairperson, deputy, and secretary (if they have enough members).\n- **Manages money and property**: Trust property must be held for the benefit of Aboriginal people, invested safely under the *Trusts Act 1973*, and used to pay staff, consultants, and member expenses. Insurance payouts for damaged property generally stay as capital but can be used for repairs.\n- **Requires financial accountability**: Trusts earning more than $20,000 a year must prepare annual financial statements, have them audited by qualified accountants, and submit reports to the chief executive.\n- **Governs meetings**: Trusts must hold annual general meetings (unless income is low and there's no business), keep minutes, and report membership details to the chief executive. Members can appoint proxies to vote on their behalf.\n- **Handles transfers and dissolution**: If transferred land becomes granted land (freehold), the land trust may be dissolved or have its property transferred to a new entity.\n- **Sets mining royalty rates**: Establishes a sliding scale for how much of mining royalties received by the State must be paid to land trusts (100% of the first $100,000, tapering down to 10% above $1 million, with thresholds indexed to inflation).\n- **Provides appeal rights**: Sets out procedures for appealing Land Tribunal decisions to the Land Appeal Court, including time limits and notice requirements.\n\n**Who it affects:**\n- Members and office-holders of Aboriginal land trusts in Queensland\n- Aboriginal people (and Torres Strait Islanders, where applicable) for whose benefit the land is held\n- The Queensland Government (chief executive and Minister)\n- Mining companies paying royalties on Aboriginal land\n\n**Why it matters:**\nThis regulation provides the practical framework that allows Aboriginal communities to manage their land through corporate structures (land trusts). It balances community self-determination with financial accountability and government oversight, ensuring land is managed properly while protecting volunteer board members from personal risk."}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-land-regulation-2011","history":"/api/acts/aboriginal-land-regulation-2011/history","analysis":"/api/acts/aboriginal-land-regulation-2011/analysis","conflicts":"/api/acts/aboriginal-land-regulation-2011/conflicts","importantCases":"/api/acts/aboriginal-land-regulation-2011/important-cases","documents":"/api/acts/aboriginal-land-regulation-2011/documents"}}