{"id":"qld:act-1991-033","name":"Torres Strait Islander Land Act 1991","slug":"torres-strait-islander-land-act-1991","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"33 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104870,"registerId":"qld-act-1991-033-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Torres Strait Islander Land Act 1991 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 2 prev s 2 om 6 July 1995 RA s 37\npres s 2 amd 2011 No. 26 s 134 (1)\nNote—s 2 contained definitions for this Act. Definitions are now located in sch 1 (Dictionary). Annotations for definitions contained in prev s 2 are located in annotations for sch 1.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Torres Strait Islanders particularly concerned with land etc.","content":"### sec.3 Torres Strait Islanders particularly concerned with land etc.\n\nFor the purposes of this Act, a Torres Strait Islander is particularly concerned with land if the Torres Strait Islander—\nhas a particular connection with the land under Island custom; or\nlives on or uses the land or neighbouring land.\nFor the purposes of this Act, Torres Strait Islanders are particularly concerned with land if—\nthey are members of a group that has a particular connection with the land under Island custom; or\nthey live on or use the land or neighbouring land.\n(sec.3-ssec.1) For the purposes of this Act, a Torres Strait Islander is particularly concerned with land if the Torres Strait Islander— has a particular connection with the land under Island custom; or lives on or uses the land or neighbouring land.\n(sec.3-ssec.2) For the purposes of this Act, Torres Strait Islanders are particularly concerned with land if— they are members of a group that has a particular connection with the land under Island custom; or they live on or use the land or neighbouring land.\n- (a) has a particular connection with the land under Island custom; or\n- (b) lives on or uses the land or neighbouring land.\n- (a) they are members of a group that has a particular connection with the land under Island custom; or\n- (b) they live on or use the land or neighbouring land.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Acts binds all persons","content":"### sec.4 Acts binds all persons\n\nThis Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\ns 4 sub 2011 No. 26 s 136","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Basic concepts","content":"# Basic concepts","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Torres Strait Islanders and their customs","content":"## Torres Strait Islanders and their customs","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of Torres Strait Islander","content":"### sec.5 Meaning of Torres Strait Islander\n\nA Torres Strait Islander is a person who is a descendant of an indigenous inhabitant of the Torres Strait Islands.\ns 5 prev s 5 ins 1993 No. 85 s 167\nom 2011 No. 26 s 135","sortOrder":7},{"sectionNumber":"sec.5.21","sectionType":"section","heading":null,"content":"### Section sec.5.21\n\ns 5.21 om 1992 No. 20 s 159 sch 2","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of Island custom","content":"### sec.6 Meaning of Island custom\n\nIsland custom, known in the Torres Strait as Ailan Kastom, is the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally or of a particular group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships.","sortOrder":9},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Torres Strait Islander land","content":"## Torres Strait Islander land","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of Torres Strait Islander land","content":"### sec.7 Meaning of Torres Strait Islander land\n\nTorres Strait Islander land is transferred land.\ns 7 amd 1993 No. 85 s 168 (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 75 ; 2011 No. 26 s 137","sortOrder":11},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Transferable and transferred land","content":"## Transferable and transferred land","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of transferable and transferred land","content":"### sec.8 Meaning of transferable and transferred land\n\nTransferable land is land that is to be granted under part 4 .\nTransferred land is land that is granted under part 4 .\ns 8 amd 1993 No. 85 s 168A (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 76 ; 2011 No. 26 s 138\n(sec.8-ssec.1) Transferable land is land that is to be granted under part 4 .\n(sec.8-ssec.2) Transferred land is land that is granted under part 4 .","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Lands that are transferable lands","content":"### sec.9 Lands that are transferable lands\n\nThe following lands are transferable lands—\nDOGIT land;\nTorres Strait Islander reserve land;\navailable State land the Minister declares to be transferable land.\nHowever, land mentioned in subsection (1) ceases to be transferable land to the extent either of the following applies—\nit is taken, under the Acquisition Act , by a constructing authority;\nit is available land approved for a grant in fee simple by the chief executive under section 28C .\nAlso, land mentioned in subsection (1) is not transferable land to the extent it is the subject of any of the following—\na declaration in force under section 13 ;\nan offer to allocate available land under section 28T , while the offer is in force;\nan allocation process for available land under part 2A , division 6 , until the process ends.\ns 9 amd 1993 No. 85 s 168B (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 77 ; 2011 No. 26 s 189 sch ; 2014 No. 45 s 34 ; 2019 No. 17 s 86\n(sec.9-ssec.1) The following lands are transferable lands— DOGIT land; Torres Strait Islander reserve land; available State land the Minister declares to be transferable land.\n(sec.9-ssec.2) However, land mentioned in subsection (1) ceases to be transferable land to the extent either of the following applies— it is taken, under the Acquisition Act , by a constructing authority; it is available land approved for a grant in fee simple by the chief executive under section 28C .\n(sec.9-ssec.3) Also, land mentioned in subsection (1) is not transferable land to the extent it is the subject of any of the following— a declaration in force under section 13 ; an offer to allocate available land under section 28T , while the offer is in force; an allocation process for available land under part 2A , division 6 , until the process ends.\n- (a) DOGIT land;\n- (b) Torres Strait Islander reserve land;\n- (c) available State land the Minister declares to be transferable land.\n- (a) it is taken, under the Acquisition Act , by a constructing authority;\n- (b) it is available land approved for a grant in fee simple by the chief executive under section 28C .\n- (a) a declaration in force under section 13 ;\n- (b) an offer to allocate available land under section 28T , while the offer is in force;\n- (c) an allocation process for available land under part 2A , division 6 , until the process ends.","sortOrder":14},{"sectionNumber":"sec.9.05","sectionType":"section","heading":null,"content":"### Section sec.9.05\n\ns 9.05 om 1993 No. 85 s 172B (amd 1994 No. 61 s 2 sch 2 )","sortOrder":15},{"sectionNumber":"sec.9.09","sectionType":"section","heading":null,"content":"### Section sec.9.09\n\ns 9.09 om 1993 No. 85 s 172B (amd 1994 No. 61 s 2 sch 2 )","sortOrder":16},{"sectionNumber":"sec.9.11","sectionType":"section","heading":null,"content":"### Section sec.9.11\n\ns 9.11 ins 1993 No. 85 s 172D (amd 1994 No. 61 s 2 sch 2 )\nom 24 February 1995 RA s 37","sortOrder":17},{"sectionNumber":"sec.10","sectionType":"section","heading":"DOGIT land","content":"### sec.10 DOGIT land\n\nDOGIT land is land (other than a road or prescribed DOGIT land) that, at the beginning of the enactment day, was—\ngranted in trust under the Land Act 1962 for the benefit of Torres Strait Islander inhabitants or for the purpose of a Torres Strait Islander reserve; or\nwithin the external boundaries of an area of such land and—\nreserved and set apart for, or dedicated to, a public purpose under the Land Act 1962 ; or\nland that has become unallocated State land by way of resumption for a public purpose within the meaning of the Land Act 1962 ; or\nsubject to a lease granted under the Land Holding Act ; or\nsubject to a special lease granted under the Land Act 1962 ; or\nthe subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted.\nDOGIT land includes land within the external boundaries of land mentioned in subsection (1) (a) that has, since the enactment day, ceased to be a road.\nAlso, DOGIT land includes land within the external boundaries of land mentioned in subsection (1) (a) if—\nthe land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and\na lease under that Act has not been granted for the land.\nDOGIT land does not include land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, become a road.\ns 10 amd 1993 No. 85 s 168C (amd 1994 No. 61 s 2 sch 2 ); 2010 No. 39 s 320 ; 2011 No. 26 s 139 ; 2013 No. 23 s 207\n(sec.10-ssec.1) DOGIT land is land (other than a road or prescribed DOGIT land) that, at the beginning of the enactment day, was— granted in trust under the Land Act 1962 for the benefit of Torres Strait Islander inhabitants or for the purpose of a Torres Strait Islander reserve; or within the external boundaries of an area of such land and— reserved and set apart for, or dedicated to, a public purpose under the Land Act 1962 ; or land that has become unallocated State land by way of resumption for a public purpose within the meaning of the Land Act 1962 ; or subject to a lease granted under the Land Holding Act ; or subject to a special lease granted under the Land Act 1962 ; or the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted.\n(sec.10-ssec.2) DOGIT land includes land within the external boundaries of land mentioned in subsection (1) (a) that has, since the enactment day, ceased to be a road.\n(sec.10-ssec.3) Also, DOGIT land includes land within the external boundaries of land mentioned in subsection (1) (a) if— the land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and a lease under that Act has not been granted for the land.\n(sec.10-ssec.4) DOGIT land does not include land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, become a road.\n- (a) granted in trust under the Land Act 1962 for the benefit of Torres Strait Islander inhabitants or for the purpose of a Torres Strait Islander reserve; or\n- (b) within the external boundaries of an area of such land and— (i) reserved and set apart for, or dedicated to, a public purpose under the Land Act 1962 ; or (ii) land that has become unallocated State land by way of resumption for a public purpose within the meaning of the Land Act 1962 ; or (iii) subject to a lease granted under the Land Holding Act ; or (iv) subject to a special lease granted under the Land Act 1962 ; or (v) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted.\n- (i) reserved and set apart for, or dedicated to, a public purpose under the Land Act 1962 ; or\n- (ii) land that has become unallocated State land by way of resumption for a public purpose within the meaning of the Land Act 1962 ; or\n- (iii) subject to a lease granted under the Land Holding Act ; or\n- (iv) subject to a special lease granted under the Land Act 1962 ; or\n- (v) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted.\n- (i) reserved and set apart for, or dedicated to, a public purpose under the Land Act 1962 ; or\n- (ii) land that has become unallocated State land by way of resumption for a public purpose within the meaning of the Land Act 1962 ; or\n- (iii) subject to a lease granted under the Land Holding Act ; or\n- (iv) subject to a special lease granted under the Land Act 1962 ; or\n- (v) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted.\n- (a) the land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and\n- (b) a lease under that Act has not been granted for the land.","sortOrder":18},{"sectionNumber":"sec.11","sectionType":"section","heading":"Torres Strait Islander reserve land","content":"### sec.11 Torres Strait Islander reserve land\n\nTorres Strait Islander reserve land is land that, at the beginning of the enactment day, is—\nreserved and set apart under the Land Act 1962 for a Torres Strait Islander reserve or for the benefit of Torres Strait Islander inhabitants; or\nwithin the external boundaries of an area of such land and—\nsubject to a lease granted under the Land Holding Act ; or\nthe subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;\nand includes land reserved and set apart under the Land Act 1962 for any other public purpose if the Minister declares the land to be land that was, or included land that was, at the beginning of the enactment day, being used as a Torres Strait Islander reserve or for the benefit of Torres Strait Islanders.\nAlso, Torres Strait Islander reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if—\nthe land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and\na lease under that Act has not been granted for the land.\nFurther, Torres Strait Islander reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, ceased to be a road.\nTorres Strait Islander reserve land does not include land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, become a road.\ns 11 amd 1993 No. 85 s 168D (amd 1994 No. 61 s 2 sch 2 ); 2011 No. 26 s 140 ; 2013 No. 23 s 208 ; 2019 No. 17 s 87\n(sec.11-ssec.1) Torres Strait Islander reserve land is land that, at the beginning of the enactment day, is— reserved and set apart under the Land Act 1962 for a Torres Strait Islander reserve or for the benefit of Torres Strait Islander inhabitants; or within the external boundaries of an area of such land and— subject to a lease granted under the Land Holding Act ; or the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted; and includes land reserved and set apart under the Land Act 1962 for any other public purpose if the Minister declares the land to be land that was, or included land that was, at the beginning of the enactment day, being used as a Torres Strait Islander reserve or for the benefit of Torres Strait Islanders.\n(sec.11-ssec.2) Also, Torres Strait Islander reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if— the land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and a lease under that Act has not been granted for the land.\n(sec.11-ssec.3) Further, Torres Strait Islander reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, ceased to be a road.\n(sec.11-ssec.4) Torres Strait Islander reserve land does not include land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, become a road.\n- (a) reserved and set apart under the Land Act 1962 for a Torres Strait Islander reserve or for the benefit of Torres Strait Islander inhabitants; or\n- (b) within the external boundaries of an area of such land and— (i) subject to a lease granted under the Land Holding Act ; or (ii) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;\n- (i) subject to a lease granted under the Land Holding Act ; or\n- (ii) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;\n- (i) subject to a lease granted under the Land Holding Act ; or\n- (ii) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;\n- (a) the land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and\n- (b) a lease under that Act has not been granted for the land.","sortOrder":19},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Declarations about particular transferable land","content":"## Declarations about particular transferable land","sortOrder":20},{"sectionNumber":"sec.12","sectionType":"section","heading":"Definition for div 4","content":"### sec.12 Definition for div 4\n\nIn this division—\nrelevant land means the following land, or a part of the land—\nDOGIT land;\nTorres Strait Islander reserve land, other than land declared by the Minister for section 11 .\ns 12 ins 2008 No. 29 s 78\namd 2019 No. 17 s 88\n- (a) DOGIT land;\n- (b) Torres Strait Islander reserve land, other than land declared by the Minister for section 11 .","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":"Particular land may be declared to be not transferable land","content":"### sec.13 Particular land may be declared to be not transferable land\n\nThe Minister may, by gazette notice, make a declaration that relevant land is not transferable land if the Minister is satisfied that—\nhousing or essential or other infrastructure is situated on the land; or\nthe land is being used as a town site or part of a town site; or\nthe land is being used as if it were a road; or\nhaving regard to the nature or use of the land, it is not appropriate or practicable in the circumstances for the land to be granted in fee simple under this Act.\nIn considering whether to make a declaration under subsection (1) (d) , the Minister may have regard to matters relating to the nature or use of the relevant land the Minister considers appropriate, including, for example—\nwhether the land is likely to be used as a town site or part of a town site; and\nwhether the land is in a condition suitable to be granted under this Act.\nThe Minister must not make a declaration under subsection (1) (d) before—\nif no appeal is made to the Land Court against the decision to make the declaration—the period for making an appeal ends; or\nif an appeal is made to the Land Court against the decision to make the declaration—the day the appeal is finally decided.\ns 13 ins 2008 No. 29 s 78\namd 2011 No. 26 s 141\n(sec.13-ssec.1) The Minister may, by gazette notice, make a declaration that relevant land is not transferable land if the Minister is satisfied that— housing or essential or other infrastructure is situated on the land; or the land is being used as a town site or part of a town site; or the land is being used as if it were a road; or having regard to the nature or use of the land, it is not appropriate or practicable in the circumstances for the land to be granted in fee simple under this Act.\n(sec.13-ssec.2) In considering whether to make a declaration under subsection (1) (d) , the Minister may have regard to matters relating to the nature or use of the relevant land the Minister considers appropriate, including, for example— whether the land is likely to be used as a town site or part of a town site; and whether the land is in a condition suitable to be granted under this Act.\n(sec.13-ssec.3) The Minister must not make a declaration under subsection (1) (d) before— if no appeal is made to the Land Court against the decision to make the declaration—the period for making an appeal ends; or if an appeal is made to the Land Court against the decision to make the declaration—the day the appeal is finally decided.\n- (a) housing or essential or other infrastructure is situated on the land; or\n- (b) the land is being used as a town site or part of a town site; or\n- (c) the land is being used as if it were a road; or\n- (d) having regard to the nature or use of the land, it is not appropriate or practicable in the circumstances for the land to be granted in fee simple under this Act.\n- (a) whether the land is likely to be used as a town site or part of a town site; and\n- (b) whether the land is in a condition suitable to be granted under this Act.\n- (a) if no appeal is made to the Land Court against the decision to make the declaration—the period for making an appeal ends; or\n- (b) if an appeal is made to the Land Court against the decision to make the declaration—the day the appeal is finally decided.","sortOrder":22},{"sectionNumber":"sec.13E","sectionType":"section","heading":null,"content":"### Section sec.13E\n\ns 13E ins 2008 No. 29 s 78\nom 2011 No. 26 s 144","sortOrder":23},{"sectionNumber":"sec.13F","sectionType":"section","heading":null,"content":"### Section sec.13F\n\ns 13F ins 2008 No. 29 s 78\nom 2011 No. 26 s 144","sortOrder":24},{"sectionNumber":"sec.14","sectionType":"section","heading":"Notice of intention to make declaration","content":"### sec.14 Notice of intention to make declaration\n\nIf the Minister intends to make a declaration under section 13 , the Minister must—\ngive notice of the Minister’s intention to make the declaration to the trustee of the relevant land; and\nas soon as practicable after giving the notice under paragraph (a) , publish notice of the Minister’s intention to make the declaration in a newspaper or other publication circulating generally in the area where the relevant land is situated; and\nconsider all representations made under subsection (4) .\nThe notice must—\ninclude a description of the relevant land; and\nstate the following—\nthe reasons for the proposed declaration;\nthat a person may make written representations to the Minister about the proposed declaration;\nthe place where the representations may be made;\nthe period in which the representations must be made.\nThe stated period must end at least 28 days after the notice is published.\nA person may make written representations about the proposed declaration to the Minister within the stated period.\ns 14 prev s 14 amd 1993 No. 85 s 168E (amd 1994 No. 61 s 2 sch 2 )\nom 2011 No. 26 s 146\npres s 14 ins 2008 No. 29 s 78\namd 2011 No. 26 s 142 ; 2013 No. 23 s 352 sch 1 pt 1\n(sec.14-ssec.1) If the Minister intends to make a declaration under section 13 , the Minister must— give notice of the Minister’s intention to make the declaration to the trustee of the relevant land; and as soon as practicable after giving the notice under paragraph (a) , publish notice of the Minister’s intention to make the declaration in a newspaper or other publication circulating generally in the area where the relevant land is situated; and consider all representations made under subsection (4) .\n(sec.14-ssec.2) The notice must— include a description of the relevant land; and state the following— the reasons for the proposed declaration; that a person may make written representations to the Minister about the proposed declaration; the place where the representations may be made; the period in which the representations must be made.\n(sec.14-ssec.3) The stated period must end at least 28 days after the notice is published.\n(sec.14-ssec.4) A person may make written representations about the proposed declaration to the Minister within the stated period.\n- (a) give notice of the Minister’s intention to make the declaration to the trustee of the relevant land; and\n- (b) as soon as practicable after giving the notice under paragraph (a) , publish notice of the Minister’s intention to make the declaration in a newspaper or other publication circulating generally in the area where the relevant land is situated; and\n- (c) consider all representations made under subsection (4) .\n- (a) include a description of the relevant land; and\n- (b) state the following— (i) the reasons for the proposed declaration; (ii) that a person may make written representations to the Minister about the proposed declaration; (iii) the place where the representations may be made; (iv) the period in which the representations must be made.\n- (i) the reasons for the proposed declaration;\n- (ii) that a person may make written representations to the Minister about the proposed declaration;\n- (iii) the place where the representations may be made;\n- (iv) the period in which the representations must be made.\n- (i) the reasons for the proposed declaration;\n- (ii) that a person may make written representations to the Minister about the proposed declaration;\n- (iii) the place where the representations may be made;\n- (iv) the period in which the representations must be made.","sortOrder":25},{"sectionNumber":"sec.15","sectionType":"section","heading":"Minister to consider representations and give notice of decision","content":"### sec.15 Minister to consider representations and give notice of decision\n\nAfter considering all representations made under section 14 (4) about the proposed declaration, the Minister must—\ndecide whether to make the declaration; and\ngive notice of the decision to—\neach person who made the representations; and\nthe trustee of the relevant land, if the trustee did not make any representations.\nThe Minister may, after considering the representations, decide to make the declaration for all or a part of the relevant land described in the notice under section 14 .\nIf the Minister decides to make the declaration, the notice must—\ninclude a description of the relevant land to be declared not transferable under this division; and\nstate all of the following—\nthe provision under which the declaration is to be made;\nthe reasons for the decision;\nif the Minister is to make the declaration under section 13 (1) (d) —that a person who made representations about the proposed declaration may appeal against the decision to the Land Court within 28 days after receiving the notice, and how the person may appeal.\ns 15 prev s 15 amd 1991 No. 76 s 45\nsub 1993 No. 85 s 168F (amd 1994 No. 61 s 2 sch 2 )\namd 1995 No. 57 ss 1 – 2 , 4 , sch 1\nom 2011 No. 26 s 146\npres s 15 ins 2008 No. 29 s 78\namd 2011 No. 26 s 143 ; 2013 No. 23 s 352 sch 1 pt 1\n(sec.15-ssec.1) After considering all representations made under section 14 (4) about the proposed declaration, the Minister must— decide whether to make the declaration; and give notice of the decision to— each person who made the representations; and the trustee of the relevant land, if the trustee did not make any representations.\n(sec.15-ssec.2) The Minister may, after considering the representations, decide to make the declaration for all or a part of the relevant land described in the notice under section 14 .\n(sec.15-ssec.3) If the Minister decides to make the declaration, the notice must— include a description of the relevant land to be declared not transferable under this division; and state all of the following— the provision under which the declaration is to be made; the reasons for the decision; if the Minister is to make the declaration under section 13 (1) (d) —that a person who made representations about the proposed declaration may appeal against the decision to the Land Court within 28 days after receiving the notice, and how the person may appeal.\n- (a) decide whether to make the declaration; and\n- (b) give notice of the decision to— (i) each person who made the representations; and (ii) the trustee of the relevant land, if the trustee did not make any representations.\n- (i) each person who made the representations; and\n- (ii) the trustee of the relevant land, if the trustee did not make any representations.\n- (i) each person who made the representations; and\n- (ii) the trustee of the relevant land, if the trustee did not make any representations.\n- (a) include a description of the relevant land to be declared not transferable under this division; and\n- (b) state all of the following— (i) the provision under which the declaration is to be made; (ii) the reasons for the decision; (iii) if the Minister is to make the declaration under section 13 (1) (d) —that a person who made representations about the proposed declaration may appeal against the decision to the Land Court within 28 days after receiving the notice, and how the person may appeal.\n- (i) the provision under which the declaration is to be made;\n- (ii) the reasons for the decision;\n- (iii) if the Minister is to make the declaration under section 13 (1) (d) —that a person who made representations about the proposed declaration may appeal against the decision to the Land Court within 28 days after receiving the notice, and how the person may appeal.\n- (i) the provision under which the declaration is to be made;\n- (ii) the reasons for the decision;\n- (iii) if the Minister is to make the declaration under section 13 (1) (d) —that a person who made representations about the proposed declaration may appeal against the decision to the Land Court within 28 days after receiving the notice, and how the person may appeal.","sortOrder":26},{"sectionNumber":"sec.16","sectionType":"section","heading":"Notice about declarations—trustee","content":"### sec.16 Notice about declarations—trustee\n\nAs soon as practicable after a declaration that relevant land is not transferable land is made, the chief executive must give the trustee of the land notice of the declaration.\ns 16 ins 2008 No. 29 s 78\namd 2013 No. 23 s 352 sch 1 pt 1","sortOrder":27},{"sectionNumber":"sec.17","sectionType":"section","heading":"Notice about declarations—registrar","content":"### sec.17 Notice about declarations—registrar\n\nAs soon as practicable after a declaration that relevant land is not transferable land is made, the chief executive must give the registrar notice of the declaration.\nThe notice must include particulars of the land the subject of the declaration.\nThe registrar must keep records that show the land is not transferable land.\nThe registrar must keep the records in a way that a search of the appropriate register kept by the registrar will show the land is not transferable land.\nAs soon as practicable after a declaration is repealed—\nthe chief executive must give the registrar notice of the fact; and\nthe registrar must amend the registrar’s records to show the land the subject of the repealed declaration is transferable land.\ns 17 ins 2008 No. 29 s 78\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.17-ssec.1) As soon as practicable after a declaration that relevant land is not transferable land is made, the chief executive must give the registrar notice of the declaration.\n(sec.17-ssec.2) The notice must include particulars of the land the subject of the declaration.\n(sec.17-ssec.3) The registrar must keep records that show the land is not transferable land.\n(sec.17-ssec.4) The registrar must keep the records in a way that a search of the appropriate register kept by the registrar will show the land is not transferable land.\n(sec.17-ssec.5) As soon as practicable after a declaration is repealed— the chief executive must give the registrar notice of the fact; and the registrar must amend the registrar’s records to show the land the subject of the repealed declaration is transferable land.\n- (a) the chief executive must give the registrar notice of the fact; and\n- (b) the registrar must amend the registrar’s records to show the land the subject of the repealed declaration is transferable land.","sortOrder":28},{"sectionNumber":"sec.18","sectionType":"section","heading":"Requirements about plans of subdivision for declarations","content":"### sec.18 Requirements about plans of subdivision for declarations\n\nThis section applies if—\nunder section 13 , the Minister declares land is not transferable land; and\na plan of subdivision is lodged for the land under the Land Title Act or Land Act for the purpose of identifying the land; and\nthe plan of subdivision has been consented to by the Minister.\nThe registrar must register the plan of subdivision without the consent of anyone whose consent would otherwise have been required under the relevant section if the plan otherwise complies with the relevant section.\nIn this section—\nrelevant section means—\nfor freehold land—the Land Title Act , section 50 ; or\nfor other land—the Land Act , section 290J .\ns 18 ins 2008 No. 29 s 78\namd 2011 No. 26 s 145\n(sec.18-ssec.1) This section applies if— under section 13 , the Minister declares land is not transferable land; and a plan of subdivision is lodged for the land under the Land Title Act or Land Act for the purpose of identifying the land; and the plan of subdivision has been consented to by the Minister.\n(sec.18-ssec.2) The registrar must register the plan of subdivision without the consent of anyone whose consent would otherwise have been required under the relevant section if the plan otherwise complies with the relevant section.\n(sec.18-ssec.3) In this section— relevant section means— for freehold land—the Land Title Act , section 50 ; or for other land—the Land Act , section 290J .\n- (a) under section 13 , the Minister declares land is not transferable land; and\n- (b) a plan of subdivision is lodged for the land under the Land Title Act or Land Act for the purpose of identifying the land; and\n- (c) the plan of subdivision has been consented to by the Minister.\n- (a) for freehold land—the Land Title Act , section 50 ; or\n- (b) for other land—the Land Act , section 290J .","sortOrder":29},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Available State land","content":"## Available State land","sortOrder":30},{"sectionNumber":"sec.19","sectionType":"section","heading":"Land that is available State land—general","content":"### sec.19 Land that is available State land—general\n\nLand is available State land if it is—\nland, other than excluded land, in which no person other than the State has an interest; or\nland, other than excluded land, that is subject to an interest issued by the State, if an available State land agreement is in force for the land.\nSubsection (1) is subject to sections 21 and 22 .\nIn this section—\ninterest means a legal or equitable interest in the land but does not include native title, a mining interest or an easement.\ns 19 amd 1993 No. 85 s 168G (amd 1994 No. 61 s 2 sch 2 ); 1995 No. 57 s 4 sch 1 ; 2008 No. 29 s 73 sch\nsub 2011 No. 26 s 147\n(sec.19-ssec.1) Land is available State land if it is— land, other than excluded land, in which no person other than the State has an interest; or land, other than excluded land, that is subject to an interest issued by the State, if an available State land agreement is in force for the land.\n(sec.19-ssec.2) Subsection (1) is subject to sections 21 and 22 .\n(sec.19-ssec.3) In this section— interest means a legal or equitable interest in the land but does not include native title, a mining interest or an easement.\n- (a) land, other than excluded land, in which no person other than the State has an interest; or\n- (b) land, other than excluded land, that is subject to an interest issued by the State, if an available State land agreement is in force for the land.","sortOrder":31},{"sectionNumber":"sec.20","sectionType":"section","heading":"Agreement about particular land","content":"### sec.20 Agreement about particular land\n\nThe Minister may enter into a written agreement (an available State land agreement ) about land, other than excluded land—\nwith a person who has an interest in the land granted by the State; and\nunder which the State and the person agree that the land may be available State land.\nThe Minister may enter into an available State land agreement for particular land only if satisfied that entering into the agreement is appropriate in the circumstances having regard to an evaluation of the land under the Land Act , section 16 .\nAn available State land agreement must provide that on the grant of the land under part 4 the person’s interest in the land is to cease and a new interest granted by the trustee of the land is to have effect in substitution for the person’s interest.\nHowever, if the interest is a lease granted under the Land Act , the agreement may provide that the interest is to continue in force under section 41 .\nSubsection (6) applies if a proposed available State land agreement is to state that a person’s interest in land is to cease and a new interest granted by the proposed trustee of the land is to have effect in substitution for the person’s interest.\nTo remove any doubt, it is declared that the Minister need not enter into the available State land agreement unless satisfied a new interest granted by the proposed trustee of the land is to have effect in substitution for the person’s interest in the land.\ns 20 ins 2011 No. 26 s 147\n(sec.20-ssec.1) The Minister may enter into a written agreement (an available State land agreement ) about land, other than excluded land— with a person who has an interest in the land granted by the State; and under which the State and the person agree that the land may be available State land.\n(sec.20-ssec.2) The Minister may enter into an available State land agreement for particular land only if satisfied that entering into the agreement is appropriate in the circumstances having regard to an evaluation of the land under the Land Act , section 16 .\n(sec.20-ssec.3) An available State land agreement must provide that on the grant of the land under part 4 the person’s interest in the land is to cease and a new interest granted by the trustee of the land is to have effect in substitution for the person’s interest.\n(sec.20-ssec.4) However, if the interest is a lease granted under the Land Act , the agreement may provide that the interest is to continue in force under section 41 .\n(sec.20-ssec.5) Subsection (6) applies if a proposed available State land agreement is to state that a person’s interest in land is to cease and a new interest granted by the proposed trustee of the land is to have effect in substitution for the person’s interest.\n(sec.20-ssec.6) To remove any doubt, it is declared that the Minister need not enter into the available State land agreement unless satisfied a new interest granted by the proposed trustee of the land is to have effect in substitution for the person’s interest in the land.\n- (a) with a person who has an interest in the land granted by the State; and\n- (b) under which the State and the person agree that the land may be available State land.","sortOrder":32},{"sectionNumber":"sec.21","sectionType":"section","heading":"Watercourses and lakes","content":"### sec.21 Watercourses and lakes\n\nAvailable State land includes a watercourse or lake only to the extent the watercourse or lake is—\nwithin the external boundaries of land that is otherwise available State land; and\ncapable of being owned in fee simple by a person other than the State.\ns 21 amd 2010 No. 12 s 234 ; 2011 No. 26 s 189 sch\n- (a) within the external boundaries of land that is otherwise available State land; and\n- (b) capable of being owned in fee simple by a person other than the State.","sortOrder":33},{"sectionNumber":"sec.22","sectionType":"section","heading":"Tidal land","content":"### sec.22 Tidal land\n\nAvailable State land includes tidal land only if the Minister declares the particular tidal land to be available State land.\nSubject to subsection (1) , this Act applies to tidal land as if it were not tidal land.\ns 22 amd 1993 No. 85 s 168H (amd 1994 No. 61 s 2 sch 2 ); 1994 No. 49 s 6 sch 2 ; 1994 No. 81 s 527 sch 5 ; 2011 No. 26 s 189 sch ; 2019 No. 17 s 89\n(sec.22-ssec.1) Available State land includes tidal land only if the Minister declares the particular tidal land to be available State land.\n(sec.22-ssec.2) Subject to subsection (1) , this Act applies to tidal land as if it were not tidal land.","sortOrder":34},{"sectionNumber":"sec.23","sectionType":"section","heading":"Meaning of city or town land","content":"### sec.23 Meaning of city or town land\n\nSubject to subsection (2) , city or town land is land that is within the boundaries of a city or town constituted under the Local Government Act 2009 .\nThe Minister may declare a change to the boundaries of a city or town.\nA declaration under subsection (2) has effect only for this Act.\ns 23 amd 1993 No. 85 s 168I (amd 1994 No. 61 s 2 sch 2 ); 2009 No. 17 s 331 sch 1 ; 2011 No. 26 s 148 ; 2019 No. 17 s 90\n(sec.23-ssec.1) Subject to subsection (2) , city or town land is land that is within the boundaries of a city or town constituted under the Local Government Act 2009 .\n(sec.23-ssec.2) The Minister may declare a change to the boundaries of a city or town.\n(sec.23-ssec.3) A declaration under subsection (2) has effect only for this Act.","sortOrder":35},{"sectionNumber":"sec.24","sectionType":"section","heading":"Meaning of township land","content":"### sec.24 Meaning of township land\n\nA regulation may declare that land is township land for this Act.\ns 24 sub 1993 No. 85 s 168J (amd 1994 No. 61 s 2 sch 2 )","sortOrder":36},{"sectionNumber":"sec.25","sectionType":"section","heading":"National parks","content":"### sec.25 National parks\n\nTo allay any doubt, it is declared that available State land includes any national park.\ns 25 amd 2011 No. 26 s 189 sch","sortOrder":37},{"sectionNumber":"sec.26","sectionType":"section","heading":"Land that is not available State land","content":"### sec.26 Land that is not available State land\n\nTo remove any doubt, it is declared that the following land is not available State land—\nthe waters of the sea, and the seabed, other than tidal land declared to be available State land under section 22 (1) ;\nfreehold land;\nland subject to a lease, licence or permit under the Land Act .\nDespite subsection (1) (c) , land subject to a lease, licence or permit under the Land Act is available State land if an available State land agreement is in force for the land.\ns 26 amd 1994 No. 81 s 527 sch 5 ; 2008 No. 29 s 73 sch\nsub 2011 No. 26 s 149\n(sec.26-ssec.1) To remove any doubt, it is declared that the following land is not available State land— the waters of the sea, and the seabed, other than tidal land declared to be available State land under section 22 (1) ; freehold land; land subject to a lease, licence or permit under the Land Act .\n(sec.26-ssec.2) Despite subsection (1) (c) , land subject to a lease, licence or permit under the Land Act is available State land if an available State land agreement is in force for the land.\n- (a) the waters of the sea, and the seabed, other than tidal land declared to be available State land under section 22 (1) ;\n- (b) freehold land;\n- (c) land subject to a lease, licence or permit under the Land Act .","sortOrder":38},{"sectionNumber":"sec.26A","sectionType":"section","heading":null,"content":"### Section sec.26A\n\ns 26A ins 2008 No. 29 s 82\nom 2011 No. 26 s 154","sortOrder":39},{"sectionNumber":"sec.27","sectionType":"section","heading":"Torres Strait area","content":"### sec.27 Torres Strait area\n\nThe Torres Strait area is—\nthe area the boundaries of which are described in the Torres Strait Treaty, annex 9; and\nany other area declared by regulation to be included in the Torres Strait area.\nAn area declared under subsection (1) (b) may be described in any way.\ns 27 sub 1993 No. 85 s 168K (amd 1994 No. 61 s 2 sch 2 )\n(sec.27-ssec.1) The Torres Strait area is— the area the boundaries of which are described in the Torres Strait Treaty, annex 9; and any other area declared by regulation to be included in the Torres Strait area.\n(sec.27-ssec.2) An area declared under subsection (1) (b) may be described in any way.\n- (a) the area the boundaries of which are described in the Torres Strait Treaty, annex 9; and\n- (b) any other area declared by regulation to be included in the Torres Strait area.","sortOrder":40},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Application of laws to Torres Strait Islander land","content":"## Application of laws to Torres Strait Islander land","sortOrder":41},{"sectionNumber":"sec.28","sectionType":"section","heading":"Application of laws","content":"### sec.28 Application of laws\n\nTo allay any doubt, it is declared that, except as provided by this Act or any other Act, the laws of the State apply to Torres Strait Islander land, persons and things on Torres Strait Islander land, and acts and things done on Torres Strait Islander land, to the same extent, and in the same way, as if the land were not Torres Strait Islander land.\nWithout limiting subsection (1) , to allay any doubt it is declared that this Act has effect subject to the following Acts—\nFisheries Act 1994 ;\nTorres Strait Fisheries Act 1984 .\ns 28 amd 1994 No. 37 s 244 sch 2\n(sec.28-ssec.1) To allay any doubt, it is declared that, except as provided by this Act or any other Act, the laws of the State apply to Torres Strait Islander land, persons and things on Torres Strait Islander land, and acts and things done on Torres Strait Islander land, to the same extent, and in the same way, as if the land were not Torres Strait Islander land.\n(sec.28-ssec.2) Without limiting subsection (1) , to allay any doubt it is declared that this Act has effect subject to the following Acts— Fisheries Act 1994 ; Torres Strait Fisheries Act 1984 .\n- (a) Fisheries Act 1994 ;\n- (b) Torres Strait Fisheries Act 1984 .","sortOrder":42},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Providing freehold","content":"# Providing freehold","sortOrder":43},{"sectionNumber":"pt.2A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":44},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Overview","content":"### sec.28A Overview\n\nThis part—\nallows available land to be granted in freehold under the Land Act to an eligible person for the available land; and\nrequires—\nthe trustee of freehold option land to consult on and make a freehold instrument; and\nthe local government for the area in which the land is situated to attach the freehold instrument to its planning scheme; and\nsets out how, and to whom, the trustee may allocate available land depending on whether the person is an eligible person.\ns 28A ins 2014 No. 45 s 35\n- (a) allows available land to be granted in freehold under the Land Act to an eligible person for the available land; and\n- (b) requires— (i) the trustee of freehold option land to consult on and make a freehold instrument; and (ii) the local government for the area in which the land is situated to attach the freehold instrument to its planning scheme; and\n- (i) the trustee of freehold option land to consult on and make a freehold instrument; and\n- (ii) the local government for the area in which the land is situated to attach the freehold instrument to its planning scheme; and\n- (c) sets out how, and to whom, the trustee may allocate available land depending on whether the person is an eligible person.\n- (i) the trustee of freehold option land to consult on and make a freehold instrument; and\n- (ii) the local government for the area in which the land is situated to attach the freehold instrument to its planning scheme; and","sortOrder":45},{"sectionNumber":"pt.2A-div.2","sectionType":"division","heading":"Basic concepts","content":"## Basic concepts","sortOrder":46},{"sectionNumber":"sec.28B","sectionType":"section","heading":"Definitions for pt 2A","content":"### sec.28B Definitions for pt 2A\n\nIn this part—\nallocation method , for available land, means—\nthe auction, ballot or tender to be used to allocate the available land; and\nthe conditions of the auction, ballot or tender.\nallocation notice see section 28Z (1) (a) .\nallocation process , for available land, means—\nif there is an interest holder for the available land—the process stated in division 5 ; or\notherwise—the process stated in division 6 .\nappeal period , for available land, means the period starting on the day a person receives an information notice in relation to the available land and ending—\nif no notice of appeal is filed in relation to the available land—on the last day for making an appeal; or\nif a notice of appeal is filed in relation to the available land—when the appeal is finally decided.\navailable land see section 28D (3) .\nclosing day for division 6 , see section 28ZA (1) (d) .\neligibility criteria see section 28D (6) (a) .\neligible person , for available land, means a person who meets the eligibility criteria for the land and is—\na Torres Strait Islander or Aboriginal person; or\nthe spouse or former spouse of—\na person mentioned in paragraph (a) ; or\na Torres Strait Islander or Aboriginal person who is deceased.\nfreehold instrument means a freehold schedule and the freehold policy for the freehold schedule.\nfreehold option land means land in an indigenous local government’s area if—\nany of the following entities are the trustee of the land—\nan indigenous local government;\na land trust;\nanother entity holding the land under this Act; and\nthe land is in an urban area.\nfreehold policy , for a freehold schedule, see section 28D (5) .\nfreehold schedule —\nmeans a schedule made as mentioned in section 28D (1) by the trustee of freehold option land; and\nincludes a model freehold schedule.\nindigenous local government see the Local Government Act 2009 , schedule 4 .\ninterest holder , for available land, means a person who holds any of the following interests in the land—\na registered lease granted under this Act or the Land Act , other than a townsite lease;\na lease entitlement under the new Land Holding Act ;\na 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ;\na registered sublease, including a registered sublease of a townsite lease;\na residential tenancy agreement for a social housing dwelling situated on the available land;\na right to occupy or use the available land under section 148 .\ns 28B def interest holder amd 2019 No. 7 s 300\nmodel freehold instrument , for division 4 , subdivision 2 , see section 28F .\nmodel freehold schedule see section 28D (4) .\nnative title holder has the same meaning as it has in the Commonwealth Native Title Act .\noffer means an offer to an eligible person by a trustee to allocate available land to the person under section 28T .\nplanning scheme means a planning scheme under the Planning Act 2016 .\ns 28B def planning scheme sub 2016 No. 27 s 559\nprobity advisor see section 28ZB (1) .\nurban area means an area identified as an area intended for either urban purposes or future urban purposes on a map in a planning scheme used to show zones.\nurban purposes means purposes for which land is used in cities or towns, including residential, industrial, sporting, recreation and commercial purposes.\ns 28B ins 2014 No. 45 s 35\n- (a) the auction, ballot or tender to be used to allocate the available land; and\n- (b) the conditions of the auction, ballot or tender.\n- (a) if there is an interest holder for the available land—the process stated in division 5 ; or\n- (b) otherwise—the process stated in division 6 .\n- (a) if no notice of appeal is filed in relation to the available land—on the last day for making an appeal; or\n- (b) if a notice of appeal is filed in relation to the available land—when the appeal is finally decided.\n- (a) a Torres Strait Islander or Aboriginal person; or\n- (b) the spouse or former spouse of— (i) a person mentioned in paragraph (a) ; or (ii) a Torres Strait Islander or Aboriginal person who is deceased.\n- (i) a person mentioned in paragraph (a) ; or\n- (ii) a Torres Strait Islander or Aboriginal person who is deceased.\n- (i) a person mentioned in paragraph (a) ; or\n- (ii) a Torres Strait Islander or Aboriginal person who is deceased.\n- (a) any of the following entities are the trustee of the land— (i) an indigenous local government; (ii) a land trust; (iii) another entity holding the land under this Act; and\n- (i) an indigenous local government;\n- (ii) a land trust;\n- (iii) another entity holding the land under this Act; and\n- (b) the land is in an urban area.\n- (i) an indigenous local government;\n- (ii) a land trust;\n- (iii) another entity holding the land under this Act; and\n- (a) means a schedule made as mentioned in section 28D (1) by the trustee of freehold option land; and\n- (b) includes a model freehold schedule.\n- (a) a registered lease granted under this Act or the Land Act , other than a townsite lease;\n- (b) a lease entitlement under the new Land Holding Act ;\n- (c) a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ;\n- (d) a registered sublease, including a registered sublease of a townsite lease;\n- (e) a residential tenancy agreement for a social housing dwelling situated on the available land;\n- (f) a right to occupy or use the available land under section 148 .","sortOrder":47},{"sectionNumber":"pt.2A-div.3","sectionType":"division","heading":"Approval for grant of available land","content":"## Approval for grant of available land","sortOrder":48},{"sectionNumber":"sec.28C","sectionType":"section","heading":"Approval for grant of available land","content":"### sec.28C Approval for grant of available land\n\nThe trustee of freehold option land may apply to the chief executive, in the approved form, for available land to be granted in fee simple under the Land Act to the eligible person who has been allocated the available land under this part.\nThe trustee may make the application only if—\nthere is a freehold instrument for the available land; and\nthe trustee has followed the allocation process for the available land.\nInformation in the application must, if the approved form requires, be verified by a statutory declaration.\nIn deciding the application, the chief executive—\nmust be reasonably satisfied—\nagreements or arrangements appropriate to granting the available land as freehold have been entered into or are in place, including, for example, in relation to the following—\nnative title;\nany social housing dwelling on the available land;\nroad access to the available land; and\nthere is a lot on plan description for the available land; and\nif the available land is allocated under section 28ZF —a probity advisor has certified the probity of the allocation process for the available land; and\nmay consider any other matter the chief executive reasonably considers relevant.\nIf the chief executive approves the application, the Governor in Council may grant the land in fee simple under the Land Act .\nSee the Land Act , section 14 .\ns 28C ins 2014 No. 45 s 35\n(sec.28C-ssec.1) The trustee of freehold option land may apply to the chief executive, in the approved form, for available land to be granted in fee simple under the Land Act to the eligible person who has been allocated the available land under this part.\n(sec.28C-ssec.2) The trustee may make the application only if— there is a freehold instrument for the available land; and the trustee has followed the allocation process for the available land.\n(sec.28C-ssec.3) Information in the application must, if the approved form requires, be verified by a statutory declaration.\n(sec.28C-ssec.4) In deciding the application, the chief executive— must be reasonably satisfied— agreements or arrangements appropriate to granting the available land as freehold have been entered into or are in place, including, for example, in relation to the following— native title; any social housing dwelling on the available land; road access to the available land; and there is a lot on plan description for the available land; and if the available land is allocated under section 28ZF —a probity advisor has certified the probity of the allocation process for the available land; and may consider any other matter the chief executive reasonably considers relevant.\n(sec.28C-ssec.5) If the chief executive approves the application, the Governor in Council may grant the land in fee simple under the Land Act . See the Land Act , section 14 .\n- (a) there is a freehold instrument for the available land; and\n- (b) the trustee has followed the allocation process for the available land.\n- (a) must be reasonably satisfied— (i) agreements or arrangements appropriate to granting the available land as freehold have been entered into or are in place, including, for example, in relation to the following— (A) native title; (B) any social housing dwelling on the available land; (C) road access to the available land; and (ii) there is a lot on plan description for the available land; and (iii) if the available land is allocated under section 28ZF —a probity advisor has certified the probity of the allocation process for the available land; and\n- (i) agreements or arrangements appropriate to granting the available land as freehold have been entered into or are in place, including, for example, in relation to the following— (A) native title; (B) any social housing dwelling on the available land; (C) road access to the available land; and\n- (A) native title;\n- (B) any social housing dwelling on the available land;\n- (C) road access to the available land; and\n- (ii) there is a lot on plan description for the available land; and\n- (iii) if the available land is allocated under section 28ZF —a probity advisor has certified the probity of the allocation process for the available land; and\n- (b) may consider any other matter the chief executive reasonably considers relevant.\n- (i) agreements or arrangements appropriate to granting the available land as freehold have been entered into or are in place, including, for example, in relation to the following— (A) native title; (B) any social housing dwelling on the available land; (C) road access to the available land; and\n- (A) native title;\n- (B) any social housing dwelling on the available land;\n- (C) road access to the available land; and\n- (ii) there is a lot on plan description for the available land; and\n- (iii) if the available land is allocated under section 28ZF —a probity advisor has certified the probity of the allocation process for the available land; and\n- (A) native title;\n- (B) any social housing dwelling on the available land;\n- (C) road access to the available land; and","sortOrder":49},{"sectionNumber":"pt.2A-div.4","sectionType":"division","heading":"Freehold instruments","content":"## Freehold instruments","sortOrder":50},{"sectionNumber":"sec.28D","sectionType":"section","heading":"Trustee may make freehold instrument","content":"### sec.28D Trustee may make freehold instrument\n\nThe trustee of freehold option land may, by resolution, make a schedule identifying the freehold option land available to be granted in freehold.\nThe freehold schedule must identify the freehold option land so the boundaries of the land are capable of being decided.\nFreehold option land identified in a freehold schedule is available land .\nA freehold schedule that only identifies freehold option land of a type prescribed by regulation for this subsection is a model freehold schedule .\nIf the trustee makes a freehold schedule, the trustee must, by resolution, make a policy (a freehold policy ) at the same time to help the trustee in implementing the freehold schedule.\nThe freehold policy must be in the approved form and state—\nthe criteria (the eligibility criteria ) for participating in the allocation process for available land; and\nif there is no interest holder for available land—the allocation method for available land; and\nthe sale price of available land and the costs to be recovered from the sale price; and\nthe sale price of available land and the costs to be recovered from the sale price; and\nhow the trustee will deal with interests in, or in relation to, available land, before it is allocated; and\nthe social and financial implications for the community in providing freehold; and\nthe social and financial implications for any eligible person who is granted freehold; and\nthe potential to attract investment and new members into the community; and\nany other matter prescribed by regulation.\ns 28D ins 2014 No. 45 s 35\n(sec.28D-ssec.1) The trustee of freehold option land may, by resolution, make a schedule identifying the freehold option land available to be granted in freehold.\n(sec.28D-ssec.2) The freehold schedule must identify the freehold option land so the boundaries of the land are capable of being decided.\n(sec.28D-ssec.3) Freehold option land identified in a freehold schedule is available land .\n(sec.28D-ssec.4) A freehold schedule that only identifies freehold option land of a type prescribed by regulation for this subsection is a model freehold schedule .\n(sec.28D-ssec.5) If the trustee makes a freehold schedule, the trustee must, by resolution, make a policy (a freehold policy ) at the same time to help the trustee in implementing the freehold schedule.\n(sec.28D-ssec.6) The freehold policy must be in the approved form and state— the criteria (the eligibility criteria ) for participating in the allocation process for available land; and if there is no interest holder for available land—the allocation method for available land; and the sale price of available land and the costs to be recovered from the sale price; and the sale price of available land and the costs to be recovered from the sale price; and how the trustee will deal with interests in, or in relation to, available land, before it is allocated; and the social and financial implications for the community in providing freehold; and the social and financial implications for any eligible person who is granted freehold; and the potential to attract investment and new members into the community; and any other matter prescribed by regulation.\n- (a) the criteria (the eligibility criteria ) for participating in the allocation process for available land; and\n- (b) if there is no interest holder for available land—the allocation method for available land; and\n- (c) the sale price of available land and the costs to be recovered from the sale price; and\n- (d) the sale price of available land and the costs to be recovered from the sale price; and\n- (e) how the trustee will deal with interests in, or in relation to, available land, before it is allocated; and\n- (f) the social and financial implications for the community in providing freehold; and\n- (g) the social and financial implications for any eligible person who is granted freehold; and\n- (h) the potential to attract investment and new members into the community; and\n- (i) any other matter prescribed by regulation.","sortOrder":51},{"sectionNumber":"sec.28E","sectionType":"section","heading":"Trustee may have only 1 freehold instrument","content":"### sec.28E Trustee may have only 1 freehold instrument\n\nThe trustee of freehold option land may have only 1 freehold instrument for the land.\nHowever, if the trustee is an indigenous regional council, the trustee may have more than 1 freehold instrument only if the freehold instruments do not overlap in relation to available land.\nIn this section—\nindigenous regional council see the Local Government Act 2009 , schedule 4 .\ns 28E ins 2014 No. 45 s 35\n(sec.28E-ssec.1) The trustee of freehold option land may have only 1 freehold instrument for the land.\n(sec.28E-ssec.2) However, if the trustee is an indigenous regional council, the trustee may have more than 1 freehold instrument only if the freehold instruments do not overlap in relation to available land.\n(sec.28E-ssec.3) In this section— indigenous regional council see the Local Government Act 2009 , schedule 4 .","sortOrder":52},{"sectionNumber":"sec.28F","sectionType":"section","heading":"Definition for sdiv 2","content":"### sec.28F Definition for sdiv 2\n\nIn this subdivision—\nmodel freehold instrument means a model freehold schedule and the freehold policy for the model freehold schedule.\ns 28F ins 2014 No. 45 s 35","sortOrder":53},{"sectionNumber":"sec.28G","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.28G Application of sdiv 2\n\nThis subdivision states how a freehold instrument may be made, amended or repealed.\ns 28G ins 2014 No. 45 s 35","sortOrder":54},{"sectionNumber":"sec.28H","sectionType":"section","heading":"Minister to make and publish guideline","content":"### sec.28H Minister to make and publish guideline\n\nThe Minister must make, and publish on the department’s website, a guideline about the process for—\nattaching a freehold instrument to a local government’s planning scheme; and\namending or repealing a freehold instrument.\nThe guideline must make provision for the local government to do all of the following things before attaching a freehold instrument to its planning scheme—\npublish a notice about the freehold instrument in a newspaper or other publication circulating generally in the local government’s area at least once;\ncarry out public consultation about the freehold instrument;\ngive the Minister a notice summarising the matters raised during the public consultation and stating how the local government or the trustee dealt with the matters.\ns 28H ins 2014 No. 45 s 35\n(sec.28H-ssec.1) The Minister must make, and publish on the department’s website, a guideline about the process for— attaching a freehold instrument to a local government’s planning scheme; and amending or repealing a freehold instrument.\n(sec.28H-ssec.2) The guideline must make provision for the local government to do all of the following things before attaching a freehold instrument to its planning scheme— publish a notice about the freehold instrument in a newspaper or other publication circulating generally in the local government’s area at least once; carry out public consultation about the freehold instrument; give the Minister a notice summarising the matters raised during the public consultation and stating how the local government or the trustee dealt with the matters.\n- (a) attaching a freehold instrument to a local government’s planning scheme; and\n- (b) amending or repealing a freehold instrument.\n- (a) publish a notice about the freehold instrument in a newspaper or other publication circulating generally in the local government’s area at least once;\n- (b) carry out public consultation about the freehold instrument;\n- (c) give the Minister a notice summarising the matters raised during the public consultation and stating how the local government or the trustee dealt with the matters.","sortOrder":55},{"sectionNumber":"sec.28l","sectionType":"section","heading":"Trustee to consult","content":"### sec.28l Trustee to consult\n\nBefore the trustee of freehold option land starts the process for making a freehold instrument in relation to freehold option land, the trustee must decide on the way (the decided way ) in which the trustee will consult about the making of the freehold instrument.\nSee section 135 .\nThe purpose of the consultation is to enable the trustee to be reasonably satisfied it is appropriate for the freehold option land to be granted in freehold.\nThe decided way must—\nrequire the trustee to consult with the native title holders for the freehold option land proposed to be included in the freehold schedule; and\ninclude how the trustee will notify the community about the freehold instrument; and\nallow a suitable and sufficient opportunity for each person the trustee consults to express their views about the freehold instrument.\nThe trustee must—\nconsult on the freehold instrument in the decided way; and\nkeep records about the consultation showing the consultation was consistent with the decided way.\ns 28 I ins 2014 No. 45 s 35\n(sec.28l-ssec.1) Before the trustee of freehold option land starts the process for making a freehold instrument in relation to freehold option land, the trustee must decide on the way (the decided way ) in which the trustee will consult about the making of the freehold instrument. See section 135 .\n(sec.28l-ssec.2) The purpose of the consultation is to enable the trustee to be reasonably satisfied it is appropriate for the freehold option land to be granted in freehold.\n(sec.28l-ssec.3) The decided way must— require the trustee to consult with the native title holders for the freehold option land proposed to be included in the freehold schedule; and include how the trustee will notify the community about the freehold instrument; and allow a suitable and sufficient opportunity for each person the trustee consults to express their views about the freehold instrument.\n(sec.28l-ssec.4) The trustee must— consult on the freehold instrument in the decided way; and keep records about the consultation showing the consultation was consistent with the decided way.\n- (a) require the trustee to consult with the native title holders for the freehold option land proposed to be included in the freehold schedule; and\n- (b) include how the trustee will notify the community about the freehold instrument; and\n- (c) allow a suitable and sufficient opportunity for each person the trustee consults to express their views about the freehold instrument.\n- (a) consult on the freehold instrument in the decided way; and\n- (b) keep records about the consultation showing the consultation was consistent with the decided way.","sortOrder":56},{"sectionNumber":"sec.28J","sectionType":"section","heading":"Trustee to give freehold instrument to Minister or local government","content":"### sec.28J Trustee to give freehold instrument to Minister or local government\n\nThis section applies if, after consulting on a proposed freehold instrument, the trustee decides to continue to make a freehold instrument\nThe trustee must—\nfor a model freehold instrument—give the model freehold instrument to the Minister for approval; or\notherwise—ask, by notice, the local government for the area in which the proposed freehold option land is situated to attach the freehold instrument to the local government’s planning scheme.\nIn this section—\nproposed freehold option land means freehold option land proposed to be included in a freehold schedule\ns 28J ins 2014 No. 45 s 35\n(sec.28J-ssec.1) This section applies if, after consulting on a proposed freehold instrument, the trustee decides to continue to make a freehold instrument\n(sec.28J-ssec.2) The trustee must— for a model freehold instrument—give the model freehold instrument to the Minister for approval; or otherwise—ask, by notice, the local government for the area in which the proposed freehold option land is situated to attach the freehold instrument to the local government’s planning scheme.\n(sec.28J-ssec.3) In this section— proposed freehold option land means freehold option land proposed to be included in a freehold schedule\n- (a) for a model freehold instrument—give the model freehold instrument to the Minister for approval; or\n- (b) otherwise—ask, by notice, the local government for the area in which the proposed freehold option land is situated to attach the freehold instrument to the local government’s planning scheme.","sortOrder":57},{"sectionNumber":"sec.28K","sectionType":"section","heading":"Local government to follow process in guideline","content":"### sec.28K Local government to follow process in guideline\n\nThis section applies if a local government receives a notice under section 28J (2) (b) in relation to a freehold instrument.\nThe local government must follow the process stated in the guideline made by the Minister under section 28H .\nAfter the process is completed, the local government must give the freehold instrument to the Minister for approval.\ns 28K ins 2014 No. 45 s 35\n(sec.28K-ssec.1) This section applies if a local government receives a notice under section 28J (2) (b) in relation to a freehold instrument.\n(sec.28K-ssec.2) The local government must follow the process stated in the guideline made by the Minister under section 28H .\n(sec.28K-ssec.3) After the process is completed, the local government must give the freehold instrument to the Minister for approval.","sortOrder":58},{"sectionNumber":"sec.28L","sectionType":"section","heading":"Minister may approve","content":"### sec.28L Minister may approve\n\nIf the Minister is given a freehold instrument for approval, the Minister may—\napprove the freehold instrument; or\napprove the freehold instrument on the condition the trustee or local government for the available land amends the freehold instrument in the way the Minister directs; or\nrefuse to approve the freehold instrument.\nIn making a decision under subsection (1) about a freehold instrument, other than a model freehold instrument, the Minister must have regard to information given to the Minister by the local government for the freehold instrument after the local government has completed the process under section 28K .\nThe Minister may approve a freehold instrument if reasonably satisfied—\nfor a model freehold instrument—the model freehold schedule only includes freehold option land of a type prescribed by regulation for section 28D (4) ; and\nthe trustee has consulted with the native title holders for the freehold option land proposed to be included in the freehold schedule; and\nthe consultation was consistent with the way decided by the trustee under section 28I .\nThe Minister must give notice of the decision under subsection (1) to the trustee and the local government for the freehold instrument.\nIf the Minister approves a freehold instrument, the local government must—\nattach the freehold instrument to its planning scheme; and\npublish, in a newspaper or other publication circulating generally in the local government’s area at least once, a notice stating the freehold instrument is approved and attached to its planning scheme.\ns 28L ins 2014 No. 45 s 35\n(sec.28L-ssec.1) If the Minister is given a freehold instrument for approval, the Minister may— approve the freehold instrument; or approve the freehold instrument on the condition the trustee or local government for the available land amends the freehold instrument in the way the Minister directs; or refuse to approve the freehold instrument.\n(sec.28L-ssec.2) In making a decision under subsection (1) about a freehold instrument, other than a model freehold instrument, the Minister must have regard to information given to the Minister by the local government for the freehold instrument after the local government has completed the process under section 28K .\n(sec.28L-ssec.3) The Minister may approve a freehold instrument if reasonably satisfied— for a model freehold instrument—the model freehold schedule only includes freehold option land of a type prescribed by regulation for section 28D (4) ; and the trustee has consulted with the native title holders for the freehold option land proposed to be included in the freehold schedule; and the consultation was consistent with the way decided by the trustee under section 28I .\n(sec.28L-ssec.4) The Minister must give notice of the decision under subsection (1) to the trustee and the local government for the freehold instrument.\n(sec.28L-ssec.5) If the Minister approves a freehold instrument, the local government must— attach the freehold instrument to its planning scheme; and publish, in a newspaper or other publication circulating generally in the local government’s area at least once, a notice stating the freehold instrument is approved and attached to its planning scheme.\n- (a) approve the freehold instrument; or\n- (b) approve the freehold instrument on the condition the trustee or local government for the available land amends the freehold instrument in the way the Minister directs; or\n- (c) refuse to approve the freehold instrument.\n- (a) for a model freehold instrument—the model freehold schedule only includes freehold option land of a type prescribed by regulation for section 28D (4) ; and\n- (b) the trustee has consulted with the native title holders for the freehold option land proposed to be included in the freehold schedule; and\n- (c) the consultation was consistent with the way decided by the trustee under section 28I .\n- (a) attach the freehold instrument to its planning scheme; and\n- (b) publish, in a newspaper or other publication circulating generally in the local government’s area at least once, a notice stating the freehold instrument is approved and attached to its planning scheme.","sortOrder":59},{"sectionNumber":"sec.28M","sectionType":"section","heading":"Amending or repealing freehold instrument","content":"### sec.28M Amending or repealing freehold instrument\n\nA freehold instrument attached to a local government’s planning scheme may be amended or repealed by a trustee only by following the process stated in the guideline made by the Minister under section 28H .\ns 28M ins 2014 No. 45 s 35","sortOrder":60},{"sectionNumber":"sec.28N","sectionType":"section","heading":"Effect of freehold instrument","content":"### sec.28N Effect of freehold instrument\n\nA freehold instrument has effect on and after the day the local government for the area in which the available land is situated attaches the freehold instrument to the local government’s planning scheme.\ns 28N ins 2014 No. 45 s 35","sortOrder":61},{"sectionNumber":"sec.28O","sectionType":"section","heading":"Relationship with planning scheme","content":"### sec.28O Relationship with planning scheme\n\nAttaching a freehold instrument to a planning scheme is not an amendment of the planning scheme.\nA freehold instrument attached to a planning scheme—\ndoes not form part of the planning scheme; and\nis the responsibility of the trustee for the available land; and\nif the planning scheme is amended or repealed and remade (with or without modification)—may be attached without amendment by the local government to the amended or remade planning scheme.\ns 28O ins 2014 No. 45 s 35\n(sec.28O-ssec.1) Attaching a freehold instrument to a planning scheme is not an amendment of the planning scheme.\n(sec.28O-ssec.2) A freehold instrument attached to a planning scheme— does not form part of the planning scheme; and is the responsibility of the trustee for the available land; and if the planning scheme is amended or repealed and remade (with or without modification)—may be attached without amendment by the local government to the amended or remade planning scheme.\n- (a) does not form part of the planning scheme; and\n- (b) is the responsibility of the trustee for the available land; and\n- (c) if the planning scheme is amended or repealed and remade (with or without modification)—may be attached without amendment by the local government to the amended or remade planning scheme.","sortOrder":62},{"sectionNumber":"pt.2A-div.5","sectionType":"division","heading":"Allocation process for available land—interest holder","content":"## Allocation process for available land—interest holder","sortOrder":63},{"sectionNumber":"sec.28P","sectionType":"section","heading":"Application of div 5","content":"### sec.28P Application of div 5\n\nThis division states the allocation process for available land if there is an interest holder for the available land.\ns 28P ins 2014 No. 45 s 35","sortOrder":64},{"sectionNumber":"sec.28Q","sectionType":"section","heading":"Application for available land","content":"### sec.28Q Application for available land\n\nA person who is an eligible person and an interest holder for available land may apply, in the approved form, to the trustee of the land for the land to be granted to the person.\ns 28Q ins 2014 No. 45 s 35","sortOrder":65},{"sectionNumber":"sec.28R","sectionType":"section","heading":"Dwelling on available land","content":"### sec.28R Dwelling on available land\n\nThis section applies if a dwelling is situated on available land the subject of the application.\nThe trustee must give notice about the application to the housing chief executive.\nWithin 28 days after receiving the notice, the housing chief executive must give the trustee a notice (a dwelling notice ) stating whether—\nthe dwelling is a social housing dwelling; and\nif the dwelling is a social housing dwelling—the housing chief executive consents to the applicant making the application.\nIn deciding whether to consent to the applicant making the application, the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be social housing.\nIf the dwelling notice states the housing chief executive consents to the applicant making the application, the trustee must decide the price of the dwelling—\nby agreement with the housing chief executive; or\nby using a methodology agreed between the trustee and the housing chief executive.\nThe housing chief executive must, if asked, give a person a copy of the methodology.\ns 28R ins 2014 No. 45 s 35\namd 2019 No. 7 s 301\n(sec.28R-ssec.1) This section applies if a dwelling is situated on available land the subject of the application.\n(sec.28R-ssec.2) The trustee must give notice about the application to the housing chief executive.\n(sec.28R-ssec.3) Within 28 days after receiving the notice, the housing chief executive must give the trustee a notice (a dwelling notice ) stating whether— the dwelling is a social housing dwelling; and if the dwelling is a social housing dwelling—the housing chief executive consents to the applicant making the application.\n(sec.28R-ssec.4) In deciding whether to consent to the applicant making the application, the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be social housing.\n(sec.28R-ssec.5) If the dwelling notice states the housing chief executive consents to the applicant making the application, the trustee must decide the price of the dwelling— by agreement with the housing chief executive; or by using a methodology agreed between the trustee and the housing chief executive.\n(sec.28R-ssec.6) The housing chief executive must, if asked, give a person a copy of the methodology.\n- (a) the dwelling is a social housing dwelling; and\n- (b) if the dwelling is a social housing dwelling—the housing chief executive consents to the applicant making the application.\n- (a) by agreement with the housing chief executive; or\n- (b) by using a methodology agreed between the trustee and the housing chief executive.","sortOrder":66},{"sectionNumber":"sec.28S","sectionType":"section","heading":"Decision on application","content":"### sec.28S Decision on application\n\nThe trustee must consider the application and decide to approve or refuse the application.\nHowever, if a dwelling is situated on the available land the subject of the application, the trustee—\nmust not decide the application until the trustee receives a notice from the housing chief executive under section 28R (3) ; and\nmust refuse the application if the notice states the dwelling is a social housing dwelling and the housing chief executive does not consent to the applicant making the application.\nThe trustee may approve the application only if the trustee is reasonably satisfied—\nthe applicant is an eligible person for the available land the subject of the application; and\nif there is more than 1 interest holder for the available land and all interest holders are eligible persons, either—\nall interest holders for the available land have made the application; or\nall interest holders for the available land have consented to the applicant making the application; and\nif there is more than 1 interest holder for the available land and paragraph (b) does not apply—all interest holders for the available land have consented to the applicant making the application; and\nif there is a mortgage over the available land—the mortgagee has consented to the applicant making the application.\nIf the trustee is reasonably satisfied of the matters mentioned in subsection (3) , the trustee must approve the application.\nIf the trustee decides to refuse the application, the trustee must give the applicant an information notice for the decision.\ns 28S ins 2014 No. 45 s 35\n(sec.28S-ssec.1) The trustee must consider the application and decide to approve or refuse the application.\n(sec.28S-ssec.2) However, if a dwelling is situated on the available land the subject of the application, the trustee— must not decide the application until the trustee receives a notice from the housing chief executive under section 28R (3) ; and must refuse the application if the notice states the dwelling is a social housing dwelling and the housing chief executive does not consent to the applicant making the application.\n(sec.28S-ssec.3) The trustee may approve the application only if the trustee is reasonably satisfied— the applicant is an eligible person for the available land the subject of the application; and if there is more than 1 interest holder for the available land and all interest holders are eligible persons, either— all interest holders for the available land have made the application; or all interest holders for the available land have consented to the applicant making the application; and if there is more than 1 interest holder for the available land and paragraph (b) does not apply—all interest holders for the available land have consented to the applicant making the application; and if there is a mortgage over the available land—the mortgagee has consented to the applicant making the application.\n(sec.28S-ssec.4) If the trustee is reasonably satisfied of the matters mentioned in subsection (3) , the trustee must approve the application.\n(sec.28S-ssec.5) If the trustee decides to refuse the application, the trustee must give the applicant an information notice for the decision.\n- (a) must not decide the application until the trustee receives a notice from the housing chief executive under section 28R (3) ; and\n- (b) must refuse the application if the notice states the dwelling is a social housing dwelling and the housing chief executive does not consent to the applicant making the application.\n- (a) the applicant is an eligible person for the available land the subject of the application; and\n- (b) if there is more than 1 interest holder for the available land and all interest holders are eligible persons, either— (i) all interest holders for the available land have made the application; or (ii) all interest holders for the available land have consented to the applicant making the application; and\n- (i) all interest holders for the available land have made the application; or\n- (ii) all interest holders for the available land have consented to the applicant making the application; and\n- (c) if there is more than 1 interest holder for the available land and paragraph (b) does not apply—all interest holders for the available land have consented to the applicant making the application; and\n- (d) if there is a mortgage over the available land—the mortgagee has consented to the applicant making the application.\n- (i) all interest holders for the available land have made the application; or\n- (ii) all interest holders for the available land have consented to the applicant making the application; and","sortOrder":67},{"sectionNumber":"sec.28T","sectionType":"section","heading":"Offer to allocate available land","content":"### sec.28T Offer to allocate available land\n\nIf the trustee approves the eligible person’s application, the trustee must offer, in writing, to allocate the available land to the eligible person.\nHowever, the trustee may make the offer only after the appeal period for the available land.\nIf there is a social housing dwelling on the available land, the trustee must make the offer subject to a condition that the eligible person must purchase the dwelling at the price decided under section 28R (5) .\nThe trustee may make the offer subject to any other conditions the trustee reasonably considers necessary.\nIn deciding whether to impose conditions on the offer under subsection (4) , the trustee must have regard to the freehold instrument.\nIf the trustee decides to impose conditions on the offer, other than a condition mentioned in subsection (3) , the trustee must give the eligible person an information notice for the decision.\nThe trustee must give notice to the chief executive in the approved form about the offer.\ns 28T ins 2014 No. 45 s 35\namd 2019 No. 7 s 302\n(sec.28T-ssec.1) If the trustee approves the eligible person’s application, the trustee must offer, in writing, to allocate the available land to the eligible person.\n(sec.28T-ssec.2) However, the trustee may make the offer only after the appeal period for the available land.\n(sec.28T-ssec.3) If there is a social housing dwelling on the available land, the trustee must make the offer subject to a condition that the eligible person must purchase the dwelling at the price decided under section 28R (5) .\n(sec.28T-ssec.4) The trustee may make the offer subject to any other conditions the trustee reasonably considers necessary.\n(sec.28T-ssec.5) In deciding whether to impose conditions on the offer under subsection (4) , the trustee must have regard to the freehold instrument.\n(sec.28T-ssec.6) If the trustee decides to impose conditions on the offer, other than a condition mentioned in subsection (3) , the trustee must give the eligible person an information notice for the decision.\n(sec.28T-ssec.7) The trustee must give notice to the chief executive in the approved form about the offer.","sortOrder":68},{"sectionNumber":"sec.28U","sectionType":"section","heading":"Acceptance and refusal of offer","content":"### sec.28U Acceptance and refusal of offer\n\nOn receipt of the trustee’s offer, the eligible person may accept or refuse the offer by notice given to the trustee.\nHowever, if the eligible person does not give notice to the trustee within 45 days after the eligible person receives the offer, the eligible person is taken to have refused the offer.\nIf the eligible person refuses the offer, the trustee must give notice about the refusal to the chief executive.\ns 28U ins 2014 No. 45 s 35\n(sec.28U-ssec.1) On receipt of the trustee’s offer, the eligible person may accept or refuse the offer by notice given to the trustee.\n(sec.28U-ssec.2) However, if the eligible person does not give notice to the trustee within 45 days after the eligible person receives the offer, the eligible person is taken to have refused the offer.\n(sec.28U-ssec.3) If the eligible person refuses the offer, the trustee must give notice about the refusal to the chief executive.","sortOrder":69},{"sectionNumber":"sec.28V","sectionType":"section","heading":"Cooling-off period to apply to acceptance","content":"### sec.28V Cooling-off period to apply to acceptance\n\nA cooling-off period , for accepting an offer, is a period of 5 business days—\nstarting on the day the eligible person gives notice about accepting the offer to the trustee; and\nending at 5p.m. on the fifth business day after the day mentioned in paragraph (a) .\nAn eligible person who accepts, or proposes to accept, an offer may give written notice to the trustee—\nwaiving the cooling-off period for accepting the offer; or\nshortening the cooling-off period for accepting the offer.\nAn eligible person who has not waived the cooling-off period for accepting an offer may rescind or revoke the acceptance by giving a signed notice of rescission or revocation to the trustee at any time during—\nthe cooling-off period; or\nif the period has been shortened under subsection (2) (b) , the shortened period.\nIf the acceptance is rescinded or revoked under subsection (3) , the trustee must, within 14 days, refund any deposit paid under the acceptance to the eligible person.\nAn amount payable to the eligible person under subsection (4) is recoverable from the trustee as a debt.\ns 28V ins 2014 No. 45 s 35\n(sec.28V-ssec.1) A cooling-off period , for accepting an offer, is a period of 5 business days— starting on the day the eligible person gives notice about accepting the offer to the trustee; and ending at 5p.m. on the fifth business day after the day mentioned in paragraph (a) .\n(sec.28V-ssec.2) An eligible person who accepts, or proposes to accept, an offer may give written notice to the trustee— waiving the cooling-off period for accepting the offer; or shortening the cooling-off period for accepting the offer.\n(sec.28V-ssec.3) An eligible person who has not waived the cooling-off period for accepting an offer may rescind or revoke the acceptance by giving a signed notice of rescission or revocation to the trustee at any time during— the cooling-off period; or if the period has been shortened under subsection (2) (b) , the shortened period.\n(sec.28V-ssec.4) If the acceptance is rescinded or revoked under subsection (3) , the trustee must, within 14 days, refund any deposit paid under the acceptance to the eligible person.\n(sec.28V-ssec.5) An amount payable to the eligible person under subsection (4) is recoverable from the trustee as a debt.\n- (a) starting on the day the eligible person gives notice about accepting the offer to the trustee; and\n- (b) ending at 5p.m. on the fifth business day after the day mentioned in paragraph (a) .\n- (a) waiving the cooling-off period for accepting the offer; or\n- (b) shortening the cooling-off period for accepting the offer.\n- (a) the cooling-off period; or\n- (b) if the period has been shortened under subsection (2) (b) , the shortened period.","sortOrder":70},{"sectionNumber":"sec.28W","sectionType":"section","heading":"When offer ends","content":"### sec.28W When offer ends\n\nAn offer ends when the first of the following happens—\nthe eligible person refuses the offer under section 28U ;\nthe eligible person gives notice of rescission or revocation of acceptance to the trustee under section 28V ;\nthe eligible person dies;\nthe eligible person is no longer an interest holder for the available land;\nif the offer includes a condition about when the offer ends—the day the offer ends under the condition.\ns 28W ins 2014 No. 45 s 35\n- (a) the eligible person refuses the offer under section 28U ;\n- (b) the eligible person gives notice of rescission or revocation of acceptance to the trustee under section 28V ;\n- (c) the eligible person dies;\n- (d) the eligible person is no longer an interest holder for the available land;\n- (e) if the offer includes a condition about when the offer ends—the day the offer ends under the condition.","sortOrder":71},{"sectionNumber":"sec.28X","sectionType":"section","heading":"Allocation of available land to eligible person","content":"### sec.28X Allocation of available land to eligible person\n\nAfter complying with all conditions of the offer, the eligible person must give notice to the trustee.\nIf, after receiving the notice, the trustee is reasonably satisfied the eligible person has complied with all conditions of the offer, the trustee must allocate the available land to the eligible person.\nAvailable land may be granted in freehold to an eligible person who is allocated the available land. See section 28C .\ns 28X ins 2014 No. 45 s 35\n(sec.28X-ssec.1) After complying with all conditions of the offer, the eligible person must give notice to the trustee.\n(sec.28X-ssec.2) If, after receiving the notice, the trustee is reasonably satisfied the eligible person has complied with all conditions of the offer, the trustee must allocate the available land to the eligible person. Available land may be granted in freehold to an eligible person who is allocated the available land. See section 28C .","sortOrder":72},{"sectionNumber":"pt.2A-div.6","sectionType":"division","heading":"Allocation process for available land if no interest holder","content":"## Allocation process for available land if no interest holder","sortOrder":73},{"sectionNumber":"sec.28Y","sectionType":"section","heading":"Application of div 6","content":"### sec.28Y Application of div 6\n\nThis division states the allocation process for available land if there is no interest holder for the available land.\nA freehold instrument states the allocation method for available land. See section 28D (6) .\ns 28Y ins 2014 No. 45 s 35","sortOrder":74},{"sectionNumber":"sec.28Z","sectionType":"section","heading":"Public notice of intention to allocate available land","content":"### sec.28Z Public notice of intention to allocate available land\n\nBefore allocating available land, the trustee of the available land must publish notice of the trustee’s intention to allocate the available land—\nby gazette notice (the allocation notice ); and\nin a newspaper or other publication circulating generally in the area in which the land is situated at least once.\nThe trustee may act under subsection (1) only if—\nthere is a lot on plan description for the available land; and\nthere is dedicated access to the available land; and\nnative title over the available land has been, or will be, surrendered or extinguished; and\nthe trustee has given notice to the chief executive about the trustee’s intention to allocate the available land.\ns 28Z ins 2014 No. 45 s 35\n(sec.28Z-ssec.1) Before allocating available land, the trustee of the available land must publish notice of the trustee’s intention to allocate the available land— by gazette notice (the allocation notice ); and in a newspaper or other publication circulating generally in the area in which the land is situated at least once.\n(sec.28Z-ssec.2) The trustee may act under subsection (1) only if— there is a lot on plan description for the available land; and there is dedicated access to the available land; and native title over the available land has been, or will be, surrendered or extinguished; and the trustee has given notice to the chief executive about the trustee’s intention to allocate the available land.\n- (a) by gazette notice (the allocation notice ); and\n- (b) in a newspaper or other publication circulating generally in the area in which the land is situated at least once.\n- (a) there is a lot on plan description for the available land; and\n- (b) there is dedicated access to the available land; and\n- (c) native title over the available land has been, or will be, surrendered or extinguished; and\n- (d) the trustee has given notice to the chief executive about the trustee’s intention to allocate the available land.","sortOrder":75},{"sectionNumber":"sec.28ZA","sectionType":"section","heading":"Information to be included in allocation notice","content":"### sec.28ZA Information to be included in allocation notice\n\nThe allocation notice must include the following information for the available land—\nthe eligibility criteria;\nthe allocation method;\nthe conditions applying to an offer of the available land;\nthe day (the closing day ) applications to participate in the allocation process close;\nthe time and place for making applications;\nthe reserve or purchase price;\nthe deposit, if any, to be paid to participate in the allocation process and the proposed date, time and place for payment of the deposit;\nthe proposed date, time and place where the available land will be allocated;\nAfter the appeal period for the available land, the trustee must give notice of the date, time and place where the available land will be allocated. See section 28ZD .\nthe name and contact details of the probity advisor appointed.\nThe closing day must be at least 30 days after the allocation notice is gazetted.\ns 28ZA ins 2014 No. 45 s 35\n(sec.28ZA-ssec.1) The allocation notice must include the following information for the available land— the eligibility criteria; the allocation method; the conditions applying to an offer of the available land; the day (the closing day ) applications to participate in the allocation process close; the time and place for making applications; the reserve or purchase price; the deposit, if any, to be paid to participate in the allocation process and the proposed date, time and place for payment of the deposit; the proposed date, time and place where the available land will be allocated; After the appeal period for the available land, the trustee must give notice of the date, time and place where the available land will be allocated. See section 28ZD . the name and contact details of the probity advisor appointed.\n(sec.28ZA-ssec.2) The closing day must be at least 30 days after the allocation notice is gazetted.\n- (a) the eligibility criteria;\n- (b) the allocation method;\n- (c) the conditions applying to an offer of the available land;\n- (d) the day (the closing day ) applications to participate in the allocation process close;\n- (e) the time and place for making applications;\n- (f) the reserve or purchase price;\n- (g) the deposit, if any, to be paid to participate in the allocation process and the proposed date, time and place for payment of the deposit;\n- (h) the proposed date, time and place where the available land will be allocated; Note— After the appeal period for the available land, the trustee must give notice of the date, time and place where the available land will be allocated. See section 28ZD .\n- (i) the name and contact details of the probity advisor appointed.","sortOrder":76},{"sectionNumber":"sec.28ZB","sectionType":"section","heading":"Probity advisor","content":"### sec.28ZB Probity advisor\n\nThe trustee must appoint an appropriately qualified and independent person (a probity advisor ) to ensure the probity of the allocation process for the available land.\nThe probity advisor must—\nmonitor the allocation process for the available land; and\nadvise the trustee on matters relating to the probity of the allocation process; and\nprepare and give to the trustee a report about the probity of the allocation process and, if reasonably satisfied the allocation process was undertaken correctly, certify that fact.\ns 28ZB ins 2014 No. 45 s 35\n(sec.28ZB-ssec.1) The trustee must appoint an appropriately qualified and independent person (a probity advisor ) to ensure the probity of the allocation process for the available land.\n(sec.28ZB-ssec.2) The probity advisor must— monitor the allocation process for the available land; and advise the trustee on matters relating to the probity of the allocation process; and prepare and give to the trustee a report about the probity of the allocation process and, if reasonably satisfied the allocation process was undertaken correctly, certify that fact.\n- (a) monitor the allocation process for the available land; and\n- (b) advise the trustee on matters relating to the probity of the allocation process; and\n- (c) prepare and give to the trustee a report about the probity of the allocation process and, if reasonably satisfied the allocation process was undertaken correctly, certify that fact.","sortOrder":77},{"sectionNumber":"sec.28ZC","sectionType":"section","heading":"Decision on application to participate in allocation process","content":"### sec.28ZC Decision on application to participate in allocation process\n\nAs soon as practicable after the closing day, the trustee must decide whether each applicant is an eligible person for the available land and give each applicant a notice about the decision.\nIf the trustee decides an applicant is an eligible person for the available land, the trustee must allow the applicant to participate in the allocation process for the available land.\nIf the trustee decides an applicant is not an eligible person for the available land, the trustee—\nmust give the applicant an information notice for the decision; and\nmust not allow the applicant to participate in the allocation process for the available land.\ns 28ZC ins 2014 No. 45 s 35\n(sec.28ZC-ssec.1) As soon as practicable after the closing day, the trustee must decide whether each applicant is an eligible person for the available land and give each applicant a notice about the decision.\n(sec.28ZC-ssec.2) If the trustee decides an applicant is an eligible person for the available land, the trustee must allow the applicant to participate in the allocation process for the available land.\n(sec.28ZC-ssec.3) If the trustee decides an applicant is not an eligible person for the available land, the trustee— must give the applicant an information notice for the decision; and must not allow the applicant to participate in the allocation process for the available land.\n- (a) must give the applicant an information notice for the decision; and\n- (b) must not allow the applicant to participate in the allocation process for the available land.","sortOrder":78},{"sectionNumber":"sec.28ZD","sectionType":"section","heading":"Notice of allocation of available land","content":"### sec.28ZD Notice of allocation of available land\n\nAfter the appeal period for the available land, the trustee must give each applicant who is able to participate in the allocation process for the available land a notice stating—\nthe date, time and place where the available land will be allocated (the allocation date ); and\nif the allocation notice requires a deposit to be paid—the date by which the deposit must be paid; and\nthe applicant must give notice to the trustee before the allocation date if the applicant no longer wishes to participate in the allocation process.\nThe date mentioned in subsection (1) (b) must be—\nat least 30 days after the notice under this section is given; and\nbefore the allocation date.\nIf the applicant does not pay the deposit by the date mentioned in subsection (1) (b) , the applicant must not participate in the allocation process.\ns 28ZD ins 2014 No. 45 s 35\n(sec.28ZD-ssec.1) After the appeal period for the available land, the trustee must give each applicant who is able to participate in the allocation process for the available land a notice stating— the date, time and place where the available land will be allocated (the allocation date ); and if the allocation notice requires a deposit to be paid—the date by which the deposit must be paid; and the applicant must give notice to the trustee before the allocation date if the applicant no longer wishes to participate in the allocation process.\n(sec.28ZD-ssec.2) The date mentioned in subsection (1) (b) must be— at least 30 days after the notice under this section is given; and before the allocation date.\n(sec.28ZD-ssec.3) If the applicant does not pay the deposit by the date mentioned in subsection (1) (b) , the applicant must not participate in the allocation process.\n- (a) the date, time and place where the available land will be allocated (the allocation date ); and\n- (b) if the allocation notice requires a deposit to be paid—the date by which the deposit must be paid; and\n- (c) the applicant must give notice to the trustee before the allocation date if the applicant no longer wishes to participate in the allocation process.\n- (a) at least 30 days after the notice under this section is given; and\n- (b) before the allocation date.","sortOrder":79},{"sectionNumber":"sec.28ZE","sectionType":"section","heading":"How and when trustee may allocate","content":"### sec.28ZE How and when trustee may allocate\n\nThe trustee may allocate the available land only—\nafter the end of the appeal period; and\nby using the allocation method consistent with all of the following for the available land—\nthe freehold instrument;\nthe allocation notice;\nthe probity advisor’s advice.\ns 28ZE ins 2014 No. 45 s 35\n- (a) after the end of the appeal period; and\n- (b) by using the allocation method consistent with all of the following for the available land— (i) the freehold instrument; (ii) the allocation notice; (iii) the probity advisor’s advice.\n- (i) the freehold instrument;\n- (ii) the allocation notice;\n- (iii) the probity advisor’s advice.\n- (i) the freehold instrument;\n- (ii) the allocation notice;\n- (iii) the probity advisor’s advice.","sortOrder":80},{"sectionNumber":"sec.28ZF","sectionType":"section","heading":"Allocation of available land","content":"### sec.28ZF Allocation of available land\n\nThe trustee must allocate the available land to the eligible person who is the winner under the allocation method used to allocate the available land.\nAvailable land may be granted in freehold to an eligible person who is allocated the available land. See section 28C .\ns 28ZF ins 2014 No. 45 s 35","sortOrder":81},{"sectionNumber":"sec.28ZG","sectionType":"section","heading":"Deposits","content":"### sec.28ZG Deposits\n\nThe trustee must refund the deposit of each unsuccessful applicant after the trustee allocates the available land.\ns 28ZG ins 2014 No. 45 s 35","sortOrder":82},{"sectionNumber":"pt.2A-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":83},{"sectionNumber":"sec.28ZH","sectionType":"section","heading":"Continuation of mortgages and easements","content":"### sec.28ZH Continuation of mortgages and easements\n\nA deed of grant for available land approved to be granted in fee simple under section 28C is subject to all registered mortgages and easements to which the available land was subject immediately before it was granted, and in the same priorities.\ns 28ZH ins 2014 No. 45 s 35","sortOrder":84},{"sectionNumber":"sec.28ZI","sectionType":"section","heading":"Cancellation of deeds of grant in trust, reserves etc.","content":"### sec.28ZI Cancellation of deeds of grant in trust, reserves etc.\n\nThis section applies if—\navailable land is subject to any of the following (each an old tenure ) when the trustee for the land applies for the land to be granted in fee simple under section 28C —\na deed of grant in trust;\na reserve dedicated under the Land Act ;\na townsite lease;\nan interest mentioned in section 28B , definition interest holder ; and\na deed of grant in fee simple (a new tenure ) for the available land is registered.\nThe old tenure is cancelled to the extent of the new tenure.\ns 28ZI ins 2014 No. 45 s 35\namd 2019 No. 17 s 91\n(sec.28ZI-ssec.1) This section applies if— available land is subject to any of the following (each an old tenure ) when the trustee for the land applies for the land to be granted in fee simple under section 28C — a deed of grant in trust; a reserve dedicated under the Land Act ; a townsite lease; an interest mentioned in section 28B , definition interest holder ; and a deed of grant in fee simple (a new tenure ) for the available land is registered.\n(sec.28ZI-ssec.2) The old tenure is cancelled to the extent of the new tenure.\n- (a) available land is subject to any of the following (each an old tenure ) when the trustee for the land applies for the land to be granted in fee simple under section 28C — (i) a deed of grant in trust; (ii) a reserve dedicated under the Land Act ; (iii) a townsite lease; (iv) an interest mentioned in section 28B , definition interest holder ; and\n- (i) a deed of grant in trust;\n- (ii) a reserve dedicated under the Land Act ;\n- (iii) a townsite lease;\n- (iv) an interest mentioned in section 28B , definition interest holder ; and\n- (b) a deed of grant in fee simple (a new tenure ) for the available land is registered.\n- (i) a deed of grant in trust;\n- (ii) a reserve dedicated under the Land Act ;\n- (iii) a townsite lease;\n- (iv) an interest mentioned in section 28B , definition interest holder ; and","sortOrder":85},{"sectionNumber":"pt.3","sectionType":"part","heading":"Formal expression of interest about land","content":"# Formal expression of interest about land","sortOrder":86},{"sectionNumber":"sec.29","sectionType":"section","heading":"Purpose of pt 3","content":"### sec.29 Purpose of pt 3\n\nThe purpose of this part is to provide for a process under which Torres Strait Islanders may formally express an interest to the chief executive in having particular land made transferable land.\ns 29 prev s 29 ins 1993 No. 85 s 168N (amd 1994 No. 61 s 2 sch 2 )\namd 2008 No. 29 s 84\nom 2011 No. 26 s 156\npres s 29 ins 2011 No. 26 s 150","sortOrder":87},{"sectionNumber":"sec.30","sectionType":"section","heading":"Land to which pt 3 applies","content":"### sec.30 Land to which pt 3 applies\n\nThis part applies to the following land—\navailable State land;\nland dedicated as a reserve under the Land Act ;\nland subject to an occupation licence;\nland held under a lease under the Land Act by or for Torres Strait Islanders.\ns 30 ins 2011 No. 26 s 150\n- (a) available State land;\n- (b) land dedicated as a reserve under the Land Act ;\n- (c) land subject to an occupation licence;\n- (d) land held under a lease under the Land Act by or for Torres Strait Islanders.","sortOrder":88},{"sectionNumber":"sec.31","sectionType":"section","heading":"Expression of interest in having land made transferable land","content":"### sec.31 Expression of interest in having land made transferable land\n\nTorres Strait Islanders particularly concerned with land mentioned in section 30 may, by notice given to the chief executive (an expression of interest ), express an interest in having the land made transferable land.\nThe expression of interest must—\nbe in the approved form; and\ninclude the details required in the approved form to enable the chief executive to properly consider the expression of interest.\ns 31 ins 2011 No. 26 s 150\n(sec.31-ssec.1) Torres Strait Islanders particularly concerned with land mentioned in section 30 may, by notice given to the chief executive (an expression of interest ), express an interest in having the land made transferable land.\n(sec.31-ssec.2) The expression of interest must— be in the approved form; and include the details required in the approved form to enable the chief executive to properly consider the expression of interest.\n- (a) be in the approved form; and\n- (b) include the details required in the approved form to enable the chief executive to properly consider the expression of interest.","sortOrder":89},{"sectionNumber":"sec.32","sectionType":"section","heading":"Chief executive to consider expression of interest","content":"### sec.32 Chief executive to consider expression of interest\n\nThe chief executive must consider each expression of interest.\nWithout limiting subsection (1) , the chief executive may consider an expression of interest by evaluating the land to which it relates under the Land Act , section 16 .\ns 32 ins 2011 No. 26 s 150\n(sec.32-ssec.1) The chief executive must consider each expression of interest.\n(sec.32-ssec.2) Without limiting subsection (1) , the chief executive may consider an expression of interest by evaluating the land to which it relates under the Land Act , section 16 .","sortOrder":90},{"sectionNumber":"sec.33","sectionType":"section","heading":"Consideration of expression of interest does not impose obligation on State","content":"### sec.33 Consideration of expression of interest does not impose obligation on State\n\nThe chief executive’s consideration of an expression of interest does not impose an obligation on the State under this Act to make the land to which it relates transferable land.\ns 33 ins 2011 No. 26 s 150","sortOrder":91},{"sectionNumber":"pt.4","sectionType":"part","heading":"Grant of transferable land as Torres Strait Islander land","content":"# Grant of transferable land as Torres Strait Islander land","sortOrder":92},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Grant of land","content":"## Grant of land","sortOrder":93},{"sectionNumber":"sec.34","sectionType":"section","heading":"Deeds of grant to be prepared","content":"### sec.34 Deeds of grant to be prepared\n\nThe chief executive must prepare such deeds of grant in fee simple as the Minister considers necessary and directs over transferable lands.\nTransferable land need not be surveyed but may be described in a deed of grant in such manner as the Minister directs.\nThe deed of grant must show that the land is held by the grantee—\nif the grantee is a registered native title body corporate appointed as the grantee under section 35 —for the native title holders of the land; or\notherwise—for the benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants.\nIf the grantee is a registered native title body corporate appointed under section 35 , the deed of grant also must include information to identify the native title holders of the land.\nSubsections (2) , (3) and (4) have effect despite any other Act or any rule of law or practice.\ns 34 prev s 34 om 2011 No. 26 s 161\npres s 34 amd 2008 No. 29 s 79 ; 2010 No. 39 s 321 ; 2011 No. 26 s 151\n(sec.34-ssec.1) The chief executive must prepare such deeds of grant in fee simple as the Minister considers necessary and directs over transferable lands.\n(sec.34-ssec.2) Transferable land need not be surveyed but may be described in a deed of grant in such manner as the Minister directs.\n(sec.34-ssec.3) The deed of grant must show that the land is held by the grantee— if the grantee is a registered native title body corporate appointed as the grantee under section 35 —for the native title holders of the land; or otherwise—for the benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants.\n(sec.34-ssec.4) If the grantee is a registered native title body corporate appointed under section 35 , the deed of grant also must include information to identify the native title holders of the land.\n(sec.34-ssec.5) Subsections (2) , (3) and (4) have effect despite any other Act or any rule of law or practice.\n- (a) if the grantee is a registered native title body corporate appointed as the grantee under section 35 —for the native title holders of the land; or\n- (b) otherwise—for the benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants.","sortOrder":94},{"sectionNumber":"sec.35","sectionType":"section","heading":"Appointment of registered native title body corporate as grantee to hold land for native title holders","content":"### sec.35 Appointment of registered native title body corporate as grantee to hold land for native title holders\n\nThis section applies to transferable land if—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\nthere is a registered native title body corporate for the determination.\nThe Minister may, with the consent of the registered native title body corporate, appoint the body corporate to be the grantee of the land under a deed of grant prepared under section 34 .\nIf the Minister appoints the registered native title body corporate to be the grantee of the land under this section, the body corporate holds the land for the native title holders of the land the subject of the determination mentioned in subsection (1) (a) .\nIn considering whether to appoint a registered native title body corporate under this section, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example—\nwhether the making of the proposed appointment was a matter relevant to the native title claim under the Commonwealth Native Title Act that resulted in the determination that native title existed in relation to all or a part of the land; and\nwhether any Torres Strait Islanders particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed appointment; and\nif the Minister is satisfied Torres Strait Islanders particularly concerned with the land will be adversely affected by the proposed appointment—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.\ns 35 ins 2008 No. 29 s 80\namd 2010 No. 39 s 322 ; 2011 No. 26 s 152\n(sec.35-ssec.1) This section applies to transferable land if— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and there is a registered native title body corporate for the determination.\n(sec.35-ssec.2) The Minister may, with the consent of the registered native title body corporate, appoint the body corporate to be the grantee of the land under a deed of grant prepared under section 34 .\n(sec.35-ssec.3) If the Minister appoints the registered native title body corporate to be the grantee of the land under this section, the body corporate holds the land for the native title holders of the land the subject of the determination mentioned in subsection (1) (a) .\n(sec.35-ssec.4) In considering whether to appoint a registered native title body corporate under this section, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example— whether the making of the proposed appointment was a matter relevant to the native title claim under the Commonwealth Native Title Act that resulted in the determination that native title existed in relation to all or a part of the land; and whether any Torres Strait Islanders particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed appointment; and if the Minister is satisfied Torres Strait Islanders particularly concerned with the land will be adversely affected by the proposed appointment—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.\n- (a) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\n- (b) there is a registered native title body corporate for the determination.\n- (a) whether the making of the proposed appointment was a matter relevant to the native title claim under the Commonwealth Native Title Act that resulted in the determination that native title existed in relation to all or a part of the land; and\n- (b) whether any Torres Strait Islanders particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed appointment; and\n- (c) if the Minister is satisfied Torres Strait Islanders particularly concerned with the land will be adversely affected by the proposed appointment—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.","sortOrder":95},{"sectionNumber":"sec.36","sectionType":"section","heading":"Appointment of grantee to hold land for benefit of Torres Strait Islanders","content":"### sec.36 Appointment of grantee to hold land for benefit of Torres Strait Islanders\n\nThis section applies if the Minister does not appoint, under section 35 , a registered native title body corporate as the grantee of land.\nThe Minister may appoint as grantee of the land—\na CATSI corporation that is qualified to hold the land; or\na land trust.\nHowever, the Minister may appoint a CATSI corporation that is a registered native title body corporate as the grantee of the land under subsection (2) only if—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\na determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances to appoint the CATSI corporation as the grantee of the land.\nThe appointment of the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\nThe land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\nAn ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed grantee for the land under this Act.\nAnthropological research supports the CATSI corporation as being the appropriate grantee.\nBefore making the appointment, the Minister must consult with, and consider the views of, Torres Strait Islanders particularly concerned with the land.\nSubsection (4) does not apply if an ILUA has been entered into for the land and the entity is nominated in the ILUA as the proposed grantee for the land under this Act.\nHowever, in considering whether to appoint an entity nominated in an ILUA as the proposed grantee for the land, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example—\nwhether any Torres Strait Islanders particularly concerned with the land may be adversely affected by the appointment; and\nif the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the appointment—any action the entity intends to take to address the concerns of the Torres Strait Islanders.\nAlso, in considering whether to appoint a registered native title body corporate as the proposed grantee for the land, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example, the matters mentioned in section 35 (4) (b) and (c) .\nIn appointing a grantee of land under this section, the Minister must have regard to any Island custom applicable to the land.\ns 36 amd 1991 No. 76 s 46 ; 1993 No. 85 s 168L (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 81 ; 2010 No. 39 s 323\nsub 2011 No. 26 s 153\namd 2019 No. 7 s 303\n(sec.36-ssec.1) This section applies if the Minister does not appoint, under section 35 , a registered native title body corporate as the grantee of land.\n(sec.36-ssec.2) The Minister may appoint as grantee of the land— a CATSI corporation that is qualified to hold the land; or a land trust.\n(sec.36-ssec.3) However, the Minister may appoint a CATSI corporation that is a registered native title body corporate as the grantee of the land under subsection (2) only if— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances to appoint the CATSI corporation as the grantee of the land. The appointment of the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed grantee for the land under this Act. Anthropological research supports the CATSI corporation as being the appropriate grantee.\n(sec.36-ssec.4) Before making the appointment, the Minister must consult with, and consider the views of, Torres Strait Islanders particularly concerned with the land.\n(sec.36-ssec.5) Subsection (4) does not apply if an ILUA has been entered into for the land and the entity is nominated in the ILUA as the proposed grantee for the land under this Act.\n(sec.36-ssec.6) However, in considering whether to appoint an entity nominated in an ILUA as the proposed grantee for the land, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example— whether any Torres Strait Islanders particularly concerned with the land may be adversely affected by the appointment; and if the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the appointment—any action the entity intends to take to address the concerns of the Torres Strait Islanders.\n(sec.36-ssec.7) Also, in considering whether to appoint a registered native title body corporate as the proposed grantee for the land, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example, the matters mentioned in section 35 (4) (b) and (c) .\n(sec.36-ssec.8) In appointing a grantee of land under this section, the Minister must have regard to any Island custom applicable to the land.\n- (a) a CATSI corporation that is qualified to hold the land; or\n- (b) a land trust.\n- (a) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\n- (b) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances to appoint the CATSI corporation as the grantee of the land. Examples of when it is appropriate to appoint the CATSI corporation as the grantee of the land— 1 The appointment of the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed grantee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate grantee.\n- 1 The appointment of the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed grantee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate grantee.\n- 1 The appointment of the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed grantee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate grantee.\n- (a) whether any Torres Strait Islanders particularly concerned with the land may be adversely affected by the appointment; and\n- (b) if the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the appointment—any action the entity intends to take to address the concerns of the Torres Strait Islanders.","sortOrder":96},{"sectionNumber":"sec.37","sectionType":"section","heading":"Procedure for appointing particular grantee","content":"### sec.37 Procedure for appointing particular grantee\n\nBefore appointing a grantee of land under this part, other than an entity nominated in an ILUA as the proposed grantee for the land, the Minister must—\npublish notice of the Minister’s intention to appoint the grantee in a newspaper or other publication circulating generally in the area in which the land the subject of the deed of grant is situated; and\nconsider all representations made to the Minister under subsection (4) .\nThe notice must—\ninclude a description of the land; and\nstate the following—\nthe name of the proposed grantee;\nthat a Torres Strait Islander particularly concerned with the land may make written representations to the Minister about the proposed appointment;\nthe place where the representations may be made;\nthe period in which the representations must be made.\nThe stated period must end at least 28 days after the notice is published.\nA Torres Strait Islander particularly concerned with the land may make written representations about the proposed appointment to the Minister within the stated period.\ns 37 ins 2011 No. 26 s 153\n(sec.37-ssec.1) Before appointing a grantee of land under this part, other than an entity nominated in an ILUA as the proposed grantee for the land, the Minister must— publish notice of the Minister’s intention to appoint the grantee in a newspaper or other publication circulating generally in the area in which the land the subject of the deed of grant is situated; and consider all representations made to the Minister under subsection (4) .\n(sec.37-ssec.2) The notice must— include a description of the land; and state the following— the name of the proposed grantee; that a Torres Strait Islander particularly concerned with the land may make written representations to the Minister about the proposed appointment; the place where the representations may be made; the period in which the representations must be made.\n(sec.37-ssec.3) The stated period must end at least 28 days after the notice is published.\n(sec.37-ssec.4) A Torres Strait Islander particularly concerned with the land may make written representations about the proposed appointment to the Minister within the stated period.\n- (a) publish notice of the Minister’s intention to appoint the grantee in a newspaper or other publication circulating generally in the area in which the land the subject of the deed of grant is situated; and\n- (b) consider all representations made to the Minister under subsection (4) .\n- (a) include a description of the land; and\n- (b) state the following— (i) the name of the proposed grantee; (ii) that a Torres Strait Islander particularly concerned with the land may make written representations to the Minister about the proposed appointment; (iii) the place where the representations may be made; (iv) the period in which the representations must be made.\n- (i) the name of the proposed grantee;\n- (ii) that a Torres Strait Islander particularly concerned with the land may make written representations to the Minister about the proposed appointment;\n- (iii) the place where the representations may be made;\n- (iv) the period in which the representations must be made.\n- (i) the name of the proposed grantee;\n- (ii) that a Torres Strait Islander particularly concerned with the land may make written representations to the Minister about the proposed appointment;\n- (iii) the place where the representations may be made;\n- (iv) the period in which the representations must be made.","sortOrder":97},{"sectionNumber":"sec.37A","sectionType":"section","heading":null,"content":"### Section sec.37A\n\ns 37A ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":98},{"sectionNumber":"sec.37B","sectionType":"section","heading":null,"content":"### Section sec.37B\n\ns 37B ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":99},{"sectionNumber":"sec.37C","sectionType":"section","heading":null,"content":"### Section sec.37C\n\ns 37C ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":100},{"sectionNumber":"sec.37D","sectionType":"section","heading":null,"content":"### Section sec.37D\n\ns 37D ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":101},{"sectionNumber":"sec.37E","sectionType":"section","heading":null,"content":"### Section sec.37E\n\ns 37E ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":102},{"sectionNumber":"sec.37F","sectionType":"section","heading":null,"content":"### Section sec.37F\n\ns 37F ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":103},{"sectionNumber":"sec.37G","sectionType":"section","heading":null,"content":"### Section sec.37G\n\ns 37G ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":104},{"sectionNumber":"sec.37H","sectionType":"section","heading":null,"content":"### Section sec.37H\n\ns 37H ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":105},{"sectionNumber":"sec.37I","sectionType":"section","heading":null,"content":"### Section sec.37I\n\ns 37I ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":106},{"sectionNumber":"sec.37J","sectionType":"section","heading":null,"content":"### Section sec.37J\n\ns 37J ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":107},{"sectionNumber":"sec.37K","sectionType":"section","heading":null,"content":"### Section sec.37K\n\ns 37K ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":108},{"sectionNumber":"sec.37L","sectionType":"section","heading":null,"content":"### Section sec.37L\n\ns 37L ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":109},{"sectionNumber":"sec.37M","sectionType":"section","heading":null,"content":"### Section sec.37M\n\ns 37M ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":110},{"sectionNumber":"sec.37N","sectionType":"section","heading":null,"content":"### Section sec.37N\n\ns 37N ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":111},{"sectionNumber":"sec.37O","sectionType":"section","heading":null,"content":"### Section sec.37O\n\ns 37O ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":112},{"sectionNumber":"sec.37P","sectionType":"section","heading":null,"content":"### Section sec.37P\n\ns 37P ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":113},{"sectionNumber":"sec.37Q","sectionType":"section","heading":null,"content":"### Section sec.37Q\n\ns 37Q ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":114},{"sectionNumber":"sec.37R","sectionType":"section","heading":null,"content":"### Section sec.37R\n\ns 37R ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":115},{"sectionNumber":"sec.37S","sectionType":"section","heading":null,"content":"### Section sec.37S\n\ns 37S ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":116},{"sectionNumber":"sec.37T","sectionType":"section","heading":null,"content":"### Section sec.37T\n\ns 37T ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":117},{"sectionNumber":"sec.37U","sectionType":"section","heading":null,"content":"### Section sec.37U\n\ns 37U ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":118},{"sectionNumber":"sec.37V","sectionType":"section","heading":null,"content":"### Section sec.37V\n\ns 37V ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":119},{"sectionNumber":"sec.37W","sectionType":"section","heading":null,"content":"### Section sec.37W\n\ns 37W ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":120},{"sectionNumber":"sec.37X","sectionType":"section","heading":null,"content":"### Section sec.37X\n\ns 37X ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":121},{"sectionNumber":"sec.37Y","sectionType":"section","heading":null,"content":"### Section sec.37Y\n\ns 37Y ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":122},{"sectionNumber":"sec.37Z","sectionType":"section","heading":null,"content":"### Section sec.37Z\n\ns 37Z ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":123},{"sectionNumber":"sec.37ZA","sectionType":"section","heading":null,"content":"### Section sec.37ZA\n\ns 37ZA ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":124},{"sectionNumber":"sec.37ZB","sectionType":"section","heading":null,"content":"### Section sec.37ZB\n\ns 37ZB ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":125},{"sectionNumber":"sec.37ZC","sectionType":"section","heading":null,"content":"### Section sec.37ZC\n\ns 37ZC ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":126},{"sectionNumber":"sec.37ZD","sectionType":"section","heading":null,"content":"### Section sec.37ZD\n\ns 37ZD ins 2008 No. 29 s 85\nom 2011 No. 26 s 163","sortOrder":127},{"sectionNumber":"sec.38","sectionType":"section","heading":"Minister to act as soon as possible","content":"### sec.38 Minister to act as soon as possible\n\nThe Minister must, as soon as practicable after the commencement of sections 34 and 36 , give all necessary directions under section 34 , and make all necessary appointments under section 35 or 36 , in relation to land that is transferable land on the enactment day.\nIf, under section 9 (1) (c) or 11 , land becomes transferable land after the enactment day, the Minister must, as soon as practicable after the land becomes transferable land, give all necessary directions under section 34 , and make all necessary appointments under section 35 or 36 , in relation to the land.\nHowever, the Minister need not act as mentioned in subsections (1) and (2) in relation to land until the Minister is reasonably satisfied—\narrangements are in place to ensure—\nthe Commonwealth and the State can continue to provide services to communities on the land after it is granted; and\nthe local government for the area in which the land is situated can continue to provide local government services to communities on the land after it is granted; and\na lease\nif the land is proposed to be granted to an entity other than a registered native title body corporate, arrangements that the Minister considers necessary—\nto support use of the land by Torres Strait Islanders particularly concerned with it; and\nto ensure appropriate services, including, for example, social housing, public works and community infrastructure, can be provided for communities on the land;\nare in place to deal with matters relevant to the use of the land after it is granted; and\nan ILUA\nif the land is or includes township land, arrangements are in place to provide for—\nthe township land to continue to be used as township land; and\nresidents of the township land to continue to live on and access the land, and obtain tenure over the land under this Act.\nan ILUA, a townsite lease or another lease\nIn this section—\nlocal government services includes any services a local government might ordinarily provide for the community in its local government area.\ns 38 amd 1993 No. 85 s 168M (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 83 ; 2011 No. 26 s 155\n(sec.38-ssec.1) The Minister must, as soon as practicable after the commencement of sections 34 and 36 , give all necessary directions under section 34 , and make all necessary appointments under section 35 or 36 , in relation to land that is transferable land on the enactment day.\n(sec.38-ssec.2) If, under section 9 (1) (c) or 11 , land becomes transferable land after the enactment day, the Minister must, as soon as practicable after the land becomes transferable land, give all necessary directions under section 34 , and make all necessary appointments under section 35 or 36 , in relation to the land.\n(sec.38-ssec.3) However, the Minister need not act as mentioned in subsections (1) and (2) in relation to land until the Minister is reasonably satisfied— arrangements are in place to ensure— the Commonwealth and the State can continue to provide services to communities on the land after it is granted; and the local government for the area in which the land is situated can continue to provide local government services to communities on the land after it is granted; and a lease if the land is proposed to be granted to an entity other than a registered native title body corporate, arrangements that the Minister considers necessary— to support use of the land by Torres Strait Islanders particularly concerned with it; and to ensure appropriate services, including, for example, social housing, public works and community infrastructure, can be provided for communities on the land; are in place to deal with matters relevant to the use of the land after it is granted; and an ILUA if the land is or includes township land, arrangements are in place to provide for— the township land to continue to be used as township land; and residents of the township land to continue to live on and access the land, and obtain tenure over the land under this Act. an ILUA, a townsite lease or another lease\n(sec.38-ssec.4) In this section— local government services includes any services a local government might ordinarily provide for the community in its local government area.\n- (a) arrangements are in place to ensure— (i) the Commonwealth and the State can continue to provide services to communities on the land after it is granted; and (ii) the local government for the area in which the land is situated can continue to provide local government services to communities on the land after it is granted; and Example of an arrangement for paragraph (a) — a lease\n- (i) the Commonwealth and the State can continue to provide services to communities on the land after it is granted; and\n- (ii) the local government for the area in which the land is situated can continue to provide local government services to communities on the land after it is granted; and\n- (b) if the land is proposed to be granted to an entity other than a registered native title body corporate, arrangements that the Minister considers necessary— (i) to support use of the land by Torres Strait Islanders particularly concerned with it; and (ii) to ensure appropriate services, including, for example, social housing, public works and community infrastructure, can be provided for communities on the land; are in place to deal with matters relevant to the use of the land after it is granted; and Example of an arrangement for paragraph (b) — an ILUA\n- (i) to support use of the land by Torres Strait Islanders particularly concerned with it; and\n- (ii) to ensure appropriate services, including, for example, social housing, public works and community infrastructure, can be provided for communities on the land;\n- (c) if the land is or includes township land, arrangements are in place to provide for— (i) the township land to continue to be used as township land; and (ii) residents of the township land to continue to live on and access the land, and obtain tenure over the land under this Act. Examples of an arrangement for paragraph (c) — an ILUA, a townsite lease or another lease\n- (i) the township land to continue to be used as township land; and\n- (ii) residents of the township land to continue to live on and access the land, and obtain tenure over the land under this Act.\n- (i) the Commonwealth and the State can continue to provide services to communities on the land after it is granted; and\n- (ii) the local government for the area in which the land is situated can continue to provide local government services to communities on the land after it is granted; and\n- (i) to support use of the land by Torres Strait Islanders particularly concerned with it; and\n- (ii) to ensure appropriate services, including, for example, social housing, public works and community infrastructure, can be provided for communities on the land;\n- (i) the township land to continue to be used as township land; and\n- (ii) residents of the township land to continue to live on and access the land, and obtain tenure over the land under this Act.","sortOrder":128},{"sectionNumber":"sec.39","sectionType":"section","heading":"Authority to grant fee simple in transferable land","content":"### sec.39 Authority to grant fee simple in transferable land\n\nThe Governor in Council may, under this Act and the Land Act , grant transferable land in fee simple.\ns 39 amd 2008 No. 29 s 73 sch","sortOrder":129},{"sectionNumber":"sec.40","sectionType":"section","heading":"Deed of grant takes effect on delivery","content":"### sec.40 Deed of grant takes effect on delivery\n\nA deed of grant prepared under this division takes effect on the delivery of the deed to the grantee.\nOn delivery of the deed of grant to the grantee, the land the subject of the deed becomes Torres Strait Islander land that is transferred land.\nSubsection (1) has effect despite any other Act or any rule of law or practice.\ns 40 amd 2011 No. 26 s 157\n(sec.40-ssec.1) A deed of grant prepared under this division takes effect on the delivery of the deed to the grantee.\n(sec.40-ssec.2) On delivery of the deed of grant to the grantee, the land the subject of the deed becomes Torres Strait Islander land that is transferred land.\n(sec.40-ssec.3) Subsection (1) has effect despite any other Act or any rule of law or practice.","sortOrder":130},{"sectionNumber":"sec.41","sectionType":"section","heading":"Existing interests","content":"### sec.41 Existing interests\n\nIf transferable land was, immediately before becoming Torres Strait Islander land under this division, subject to an interest or benefited by an easement, the interest continues in force or the land continues to be benefited by the easement.\nWithout limiting subsection (1) , if transferable land was, immediately before becoming Torres Strait Islander land under this division, the subject of—\na 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ; or\na lease under the Land Act ; or\na trustee (Torres Strait Islander) lease;\nthe trustee of the land is, by operation of this section, substituted for the lessor as a party to the lease.\nThe terms of a lease mentioned in subsection (2) are not affected by the operation of this section or any other provision of this Act and, for the purposes of those terms, the Land Act continues to apply to a lease under that Act, with all necessary modifications and such modifications as are prescribed, as if the lease continued to be such a lease and the trustee of the land were the lessor.\nHowever, subsections (5) to (5B) apply if, under an available State land agreement—\nan interest in transferable land (the previous interest ) ends on the grant of the land under this part; and\na new interest granted by the trustee of the land is to have effect in substitution for the previous interest on the grant of the land.\nDespite subsections (1) to (3) , the previous interest ends on the grant of the land.\nHowever, if the previous interest was a lease under the Land Act (the previous lease ) and the interest that is to have effect in substitution for the previous lease is a lease under the Land Title Act (the new lease )—\ndespite section 20 (3) and the available State land agreement, the previous lease does not end until the new lease is registered in the freehold land register; and\nthe lessee of the new lease must lodge the new lease for registration in the freehold land register immediately after the grant of the land; and\nif a sublease was in force under the previous lease immediately before the grant of the land, on the grant of the land the sublease continues under the new lease; and\nsubject to paragraph (e) and subsection (5B) , the new lease must be registered in the freehold land register subject to the same encumbrances to which the previous lease was subject, and in the same priorities, as recorded in the appropriate register immediately before the grant of the land; and\nany particulars recorded in the appropriate register for the previous lease immediately before the grant of the land must be recorded in the freehold land register for the land, to the extent the particulars are relevant to the land.\nIf an easement that burdened the previous lease was in existence immediately before the grant of the land, on the grant of the land the easement—\ncontinues in existence, despite the Land Act , section 372 ; and\nburdens the land the subject of the new lease; and\nis taken to have been registered under the Land Title Act , part 6 , division 4 .\nSubsection (5) applies despite any other Act.\nIn this section—\ninterest includes—\nnative title; and\na right of a local government to access, occupy, use or maintain a facility on the land; and\nan interest in favour of the State or Commonwealth other than an interest that is not registered.\ns 41 amd 1991 No. 76 s 47 ; 1993 No. 85 s 169 ; 1994 No. 81 s 527 sch 5 ; 2008 No. 29 s 73 sch ; 2010 No. 39 s 324 ; 2011 No. 26 s 158 ; 2013 No. 2 ss 152 , 155 ; 2019 No. 17 s 92 ; 2021 No. 11 s 29\n(sec.41-ssec.1) If transferable land was, immediately before becoming Torres Strait Islander land under this division, subject to an interest or benefited by an easement, the interest continues in force or the land continues to be benefited by the easement.\n(sec.41-ssec.2) Without limiting subsection (1) , if transferable land was, immediately before becoming Torres Strait Islander land under this division, the subject of— a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ; or a lease under the Land Act ; or a trustee (Torres Strait Islander) lease; the trustee of the land is, by operation of this section, substituted for the lessor as a party to the lease.\n(sec.41-ssec.3) The terms of a lease mentioned in subsection (2) are not affected by the operation of this section or any other provision of this Act and, for the purposes of those terms, the Land Act continues to apply to a lease under that Act, with all necessary modifications and such modifications as are prescribed, as if the lease continued to be such a lease and the trustee of the land were the lessor.\n(sec.41-ssec.4) However, subsections (5) to (5B) apply if, under an available State land agreement— an interest in transferable land (the previous interest ) ends on the grant of the land under this part; and a new interest granted by the trustee of the land is to have effect in substitution for the previous interest on the grant of the land.\n(sec.41-ssec.5) Despite subsections (1) to (3) , the previous interest ends on the grant of the land.\n(sec.41-ssec.5A) However, if the previous interest was a lease under the Land Act (the previous lease ) and the interest that is to have effect in substitution for the previous lease is a lease under the Land Title Act (the new lease )— despite section 20 (3) and the available State land agreement, the previous lease does not end until the new lease is registered in the freehold land register; and the lessee of the new lease must lodge the new lease for registration in the freehold land register immediately after the grant of the land; and if a sublease was in force under the previous lease immediately before the grant of the land, on the grant of the land the sublease continues under the new lease; and subject to paragraph (e) and subsection (5B) , the new lease must be registered in the freehold land register subject to the same encumbrances to which the previous lease was subject, and in the same priorities, as recorded in the appropriate register immediately before the grant of the land; and any particulars recorded in the appropriate register for the previous lease immediately before the grant of the land must be recorded in the freehold land register for the land, to the extent the particulars are relevant to the land.\n(sec.41-ssec.5B) If an easement that burdened the previous lease was in existence immediately before the grant of the land, on the grant of the land the easement— continues in existence, despite the Land Act , section 372 ; and burdens the land the subject of the new lease; and is taken to have been registered under the Land Title Act , part 6 , division 4 .\n(sec.41-ssec.6) Subsection (5) applies despite any other Act.\n(sec.41-ssec.7) In this section— interest includes— native title; and a right of a local government to access, occupy, use or maintain a facility on the land; and an interest in favour of the State or Commonwealth other than an interest that is not registered.\n- (a) a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ; or\n- (b) a lease under the Land Act ; or\n- (c) a trustee (Torres Strait Islander) lease;\n- (a) an interest in transferable land (the previous interest ) ends on the grant of the land under this part; and\n- (b) a new interest granted by the trustee of the land is to have effect in substitution for the previous interest on the grant of the land.\n- (a) despite section 20 (3) and the available State land agreement, the previous lease does not end until the new lease is registered in the freehold land register; and\n- (b) the lessee of the new lease must lodge the new lease for registration in the freehold land register immediately after the grant of the land; and\n- (c) if a sublease was in force under the previous lease immediately before the grant of the land, on the grant of the land the sublease continues under the new lease; and\n- (d) subject to paragraph (e) and subsection (5B) , the new lease must be registered in the freehold land register subject to the same encumbrances to which the previous lease was subject, and in the same priorities, as recorded in the appropriate register immediately before the grant of the land; and\n- (e) any particulars recorded in the appropriate register for the previous lease immediately before the grant of the land must be recorded in the freehold land register for the land, to the extent the particulars are relevant to the land.\n- (a) continues in existence, despite the Land Act , section 372 ; and\n- (b) burdens the land the subject of the new lease; and\n- (c) is taken to have been registered under the Land Title Act , part 6 , division 4 .\n- (a) native title; and\n- (b) a right of a local government to access, occupy, use or maintain a facility on the land; and\n- (c) an interest in favour of the State or Commonwealth other than an interest that is not registered.","sortOrder":131},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Existing interests held by local government","content":"### sec.41A Existing interests held by local government\n\nThis section applies if a local government has an existing interest under section 41 to access, occupy, use or maintain a facility on Torres Strait Islander land.\nIf the local government does not intend to continue to access, occupy, use or maintain the facility, the local government must give the trustee of the land notice of that fact.\nIf subsection (2) does not apply, the local government and the trustee of the land must use their best endeavours to provide for the continued access, occupation, use or maintenance of the facility under a registered interest in the land given by the trustee of the land.\ns 41A ins 2013 No. 2 s 153\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.41A-ssec.1) This section applies if a local government has an existing interest under section 41 to access, occupy, use or maintain a facility on Torres Strait Islander land.\n(sec.41A-ssec.2) If the local government does not intend to continue to access, occupy, use or maintain the facility, the local government must give the trustee of the land notice of that fact.\n(sec.41A-ssec.3) If subsection (2) does not apply, the local government and the trustee of the land must use their best endeavours to provide for the continued access, occupation, use or maintenance of the facility under a registered interest in the land given by the trustee of the land.","sortOrder":132},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 amd 1992 No. 64 s 3 sch 1 ; 1993 No. 85 s 169A (amd 1994 No. 61 s 2 sch 2 ); 2008 No. 29 s 73 sch ; 2011 No. 26 s 159\nom 2019 No. 17 s 93","sortOrder":133},{"sectionNumber":"sec.43","sectionType":"section","heading":"Cancellation of deed of grant in trust","content":"### sec.43 Cancellation of deed of grant in trust\n\nThis section applies if a deed of grant (the new deed ) over the whole or a part of the land comprised in a deed of grant in trust takes effect under section 40 .\nThe deed of grant in trust is cancelled to the extent of the new deed.\ns 43 amd 2008 No. 29 s 73 sch ; 2011 No. 26 s 160\nsub 2013 No. 23 s 209\n(sec.43-ssec.1) This section applies if a deed of grant (the new deed ) over the whole or a part of the land comprised in a deed of grant in trust takes effect under section 40 .\n(sec.43-ssec.2) The deed of grant in trust is cancelled to the extent of the new deed.","sortOrder":134},{"sectionNumber":"sec.44","sectionType":"section","heading":"Land Court may resolve difficulties","content":"### sec.44 Land Court may resolve difficulties\n\nIf a difficulty arises in—\nthe application of this division to a particular matter; or\nthe application, to a particular matter, of a provision of another Act because of the operation of this division;\nthe Land Court may, on the application of the chief executive or an interested person, make such order as it considers proper to resolve the difficulty.\nAn order made under subsection (1) has effect despite anything contained in this division or in an Act in force immediately before the commencement of this section.\ns 44 amd 2011 No. 26 s 162\n(sec.44-ssec.1) If a difficulty arises in— the application of this division to a particular matter; or the application, to a particular matter, of a provision of another Act because of the operation of this division; the Land Court may, on the application of the chief executive or an interested person, make such order as it considers proper to resolve the difficulty.\n(sec.44-ssec.2) An order made under subsection (1) has effect despite anything contained in this division or in an Act in force immediately before the commencement of this section.\n- (a) the application of this division to a particular matter; or\n- (b) the application, to a particular matter, of a provision of another Act because of the operation of this division;","sortOrder":135},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Approvals to change how land is held","content":"## Approvals to change how land is held","sortOrder":136},{"sectionNumber":"sec.45","sectionType":"section","heading":"Application to hold Torres Strait Islander land for native title holders","content":"### sec.45 Application to hold Torres Strait Islander land for native title holders\n\nThis section applies if—\na CATSI corporation that is the trustee of Torres Strait Islander land becomes a registered native title body corporate after it became the trustee of the land; and\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\nthe registered native title body corporate is registered on the National Native Title Register for the determination.\nThe registered native title body corporate may apply to the Minister in the approved form for an approval to hold the land under this Act for the native title holders of the land.\ns 45 amd 2002 No. 74 s 90 sch\nsub 2008 No. 29 s 85 ; 2011 No. 26 s 163\n(sec.45-ssec.1) This section applies if— a CATSI corporation that is the trustee of Torres Strait Islander land becomes a registered native title body corporate after it became the trustee of the land; and under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and the registered native title body corporate is registered on the National Native Title Register for the determination.\n(sec.45-ssec.2) The registered native title body corporate may apply to the Minister in the approved form for an approval to hold the land under this Act for the native title holders of the land.\n- (a) a CATSI corporation that is the trustee of Torres Strait Islander land becomes a registered native title body corporate after it became the trustee of the land; and\n- (b) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\n- (c) the registered native title body corporate is registered on the National Native Title Register for the determination.","sortOrder":137},{"sectionNumber":"sec.46","sectionType":"section","heading":"Decision on application","content":"### sec.46 Decision on application\n\nThe Minister must consider an application made under section 45 and decide—\nto give the approval; or\nto refuse the application.\nIn considering the application, the Minister must have regard to—\nwhether any Torres Strait Islanders particularly concerned with the land, other than native title holders of the land, may be adversely affected by the approval; and\nif the Minister is satisfied Torres Strait Islanders particularly concerned with the land will be adversely affected by the approval—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.\nThe Minister may give the approval only if, having regard to the matters mentioned in subsection (2) , the Minister is satisfied it is appropriate in the circumstances to give the approval.\ns 46 sub 2008 No. 29 s 85 ; 2011 No. 26 s 163\n(sec.46-ssec.1) The Minister must consider an application made under section 45 and decide— to give the approval; or to refuse the application.\n(sec.46-ssec.2) In considering the application, the Minister must have regard to— whether any Torres Strait Islanders particularly concerned with the land, other than native title holders of the land, may be adversely affected by the approval; and if the Minister is satisfied Torres Strait Islanders particularly concerned with the land will be adversely affected by the approval—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.\n(sec.46-ssec.3) The Minister may give the approval only if, having regard to the matters mentioned in subsection (2) , the Minister is satisfied it is appropriate in the circumstances to give the approval.\n- (a) to give the approval; or\n- (b) to refuse the application.\n- (a) whether any Torres Strait Islanders particularly concerned with the land, other than native title holders of the land, may be adversely affected by the approval; and\n- (b) if the Minister is satisfied Torres Strait Islanders particularly concerned with the land will be adversely affected by the approval—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.","sortOrder":138},{"sectionNumber":"sec.47","sectionType":"section","heading":"Notices about decision","content":"### sec.47 Notices about decision\n\nThe Minister must give the registered native title body corporate notice of the Minister’s decision under section 46 .\nIf the Minister gives the approval, the chief executive must notify the approval by gazette notice.\nThe gazette notice must—\nstate the name of the registered native title body corporate; and\ninclude a description of the Torres Strait Islander land held by it that relates to the approval.\nAs soon as practicable after the gazette notice is published, the chief executive must give the registrar notice of the approval.\nThe notice must include a description of the Torres Strait Islander land held by the registered native title body corporate for the native title holders of the land.\nOn receiving the notice, the registrar must record in the freehold land register that the land is held under this Act by the registered native title body corporate for the native title holders of the land.\nIn this section—\ndescription , in relation to land, means the description of the land as shown in the freehold land register.\ns 47 amd 2008 No. 29 s 86\nsub 2011 No. 26 s 163\namd 2010 No. 31 s 575 sch 2 pt 4 (amdt could not be given effect); 2013 No. 23 s 352 sch 1 pt 1 ; 2021 No. 12 s 148 sch 3\n(sec.47-ssec.1) The Minister must give the registered native title body corporate notice of the Minister’s decision under section 46 .\n(sec.47-ssec.2) If the Minister gives the approval, the chief executive must notify the approval by gazette notice.\n(sec.47-ssec.3) The gazette notice must— state the name of the registered native title body corporate; and include a description of the Torres Strait Islander land held by it that relates to the approval.\n(sec.47-ssec.4) As soon as practicable after the gazette notice is published, the chief executive must give the registrar notice of the approval.\n(sec.47-ssec.5) The notice must include a description of the Torres Strait Islander land held by the registered native title body corporate for the native title holders of the land.\n(sec.47-ssec.6) On receiving the notice, the registrar must record in the freehold land register that the land is held under this Act by the registered native title body corporate for the native title holders of the land.\n(sec.47-ssec.7) In this section— description , in relation to land, means the description of the land as shown in the freehold land register.\n- (a) state the name of the registered native title body corporate; and\n- (b) include a description of the Torres Strait Islander land held by it that relates to the approval.","sortOrder":139},{"sectionNumber":"sec.48","sectionType":"section","heading":"Effect of gazette notice","content":"### sec.48 Effect of gazette notice\n\nOn publication of the gazette notice, the registered native title body corporate is taken to hold the land under this Act for the native title holders of the land.\ns 48 ins 2011 No. 26 s 163","sortOrder":140},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Reservations","content":"## Reservations","sortOrder":141},{"sectionNumber":"sec.49","sectionType":"section","heading":"Resource reservations under other Acts","content":"### sec.49 Resource reservations under other Acts\n\nA deed of grant of transferred land must contain the reservations to the State taken to be contained in the grant under the following—\nthe Geothermal Energy Act 2010 , section 29\nthe Greenhouse Gas Storage Act 2009 , section 28\nthe Mineral Resources Act 1989 , section 8\nthe Petroleum Act 1923 , section 10\nthe Petroleum and Gas (Production and Safety) Act 2004 , section 27 .\ns 49 sub 2010 No. 31 s 576\n- • the Geothermal Energy Act 2010 , section 29\n- • the Greenhouse Gas Storage Act 2009 , section 28\n- • the Mineral Resources Act 1989 , section 8\n- • the Petroleum Act 1923 , section 10\n- • the Petroleum and Gas (Production and Safety) Act 2004 , section 27 .","sortOrder":142},{"sectionNumber":"sec.50","sectionType":"section","heading":"Reservations of forest products and quarry material etc.","content":"### sec.50 Reservations of forest products and quarry material etc.\n\nA deed of grant of transferred land may contain a reservation to the State of forest products or quarry material above, on or below the surface of the land only if the Minister declares that—\nthe forest products or quarry material is of vital State interest; and\nthe rights in the forest products or quarry material is reserved to the State.\nIf a deed of grant of transferred land does not contain a reservation of particular forest products or quarry material above, on or below the land, the Minister may declare that—\nthe forest products or quarry material are of vital State interest; and\nrights in the forest products or quarry material are acquired by the State.\nIf the Minister makes a declaration under subsection (1) or (2) , the trustee of the land is entitled to be paid by the State such reasonable compensation because of the reservation or acquisition as is agreed between the State and the trustee or, failing agreement, as is determined by the Land Court.\nDespite subsection (1) , a permit, lease, licence, agreement or contract granted or made under the Forestry Act 1959 , before the day on which land became transferred land, in relation to the getting and selling of forest products or quarry material above, on or below the surface of the land, continues in force as if this section had not been enacted.\ns 50 amd 1991 No. 76 s 48 ; 1993 No. 85 s 169B (amd 1994 No. 61 s 2 sch 2 ); 2011 No. 26 s 164 ; 2019 No. 17 s 94\n(sec.50-ssec.1) A deed of grant of transferred land may contain a reservation to the State of forest products or quarry material above, on or below the surface of the land only if the Minister declares that— the forest products or quarry material is of vital State interest; and the rights in the forest products or quarry material is reserved to the State.\n(sec.50-ssec.2) If a deed of grant of transferred land does not contain a reservation of particular forest products or quarry material above, on or below the land, the Minister may declare that— the forest products or quarry material are of vital State interest; and rights in the forest products or quarry material are acquired by the State.\n(sec.50-ssec.3) If the Minister makes a declaration under subsection (1) or (2) , the trustee of the land is entitled to be paid by the State such reasonable compensation because of the reservation or acquisition as is agreed between the State and the trustee or, failing agreement, as is determined by the Land Court.\n(sec.50-ssec.4) Despite subsection (1) , a permit, lease, licence, agreement or contract granted or made under the Forestry Act 1959 , before the day on which land became transferred land, in relation to the getting and selling of forest products or quarry material above, on or below the surface of the land, continues in force as if this section had not been enacted.\n- (a) the forest products or quarry material is of vital State interest; and\n- (b) the rights in the forest products or quarry material is reserved to the State.\n- (a) the forest products or quarry material are of vital State interest; and\n- (b) rights in the forest products or quarry material are acquired by the State.","sortOrder":143},{"sectionNumber":"pt.5","sectionType":"part","heading":"Register of entities holding Torres Strait Islander land","content":"# Register of entities holding Torres Strait Islander land","sortOrder":144},{"sectionNumber":"sec.51","sectionType":"section","heading":"Keeping register of entities holding Torres Strait Islander land","content":"### sec.51 Keeping register of entities holding Torres Strait Islander land\n\nThe chief executive must keep a register of entities that hold Torres Strait Islander land (the Torres Strait Islander land holding entity register ).\nThe register must contain the following information for each entity—\nthe entity’s name, address for the service of documents and contact telephone number;\na description of the Torres Strait Islander land held by the entity.\nIf the entity is a land trust, the register also must contain all the following information about the land trust—\nthe names and addresses of all the current members of the land trust;\nthe name of each member of the land trust’s executive committee, and the position held by the member;\na contact telephone number for the chairperson and secretary of the land trust;\na copy of the land trust’s adopted rules;\ncopies of annual financial statements and audit reports the chief executive receives from the land trust under this Act;\na statement about whether or not the land trust has, for each financial year, operated in compliance with the Act .\nUnder section 164 , the chief executive must record in the register whether or not a land trust has operated in compliance with the Act .\nThe chief executive may keep the register in the form the chief executive considers appropriate, including, for example, in electronic form.\ns 51 amd 2004 No. 4 s 57 sch\nsub 2011 No. 26 s 165\n(sec.51-ssec.1) The chief executive must keep a register of entities that hold Torres Strait Islander land (the Torres Strait Islander land holding entity register ).\n(sec.51-ssec.2) The register must contain the following information for each entity— the entity’s name, address for the service of documents and contact telephone number; a description of the Torres Strait Islander land held by the entity.\n(sec.51-ssec.3) If the entity is a land trust, the register also must contain all the following information about the land trust— the names and addresses of all the current members of the land trust; the name of each member of the land trust’s executive committee, and the position held by the member; a contact telephone number for the chairperson and secretary of the land trust; a copy of the land trust’s adopted rules; copies of annual financial statements and audit reports the chief executive receives from the land trust under this Act; a statement about whether or not the land trust has, for each financial year, operated in compliance with the Act . Under section 164 , the chief executive must record in the register whether or not a land trust has operated in compliance with the Act .\n(sec.51-ssec.4) The chief executive may keep the register in the form the chief executive considers appropriate, including, for example, in electronic form.\n- (a) the entity’s name, address for the service of documents and contact telephone number;\n- (b) a description of the Torres Strait Islander land held by the entity.\n- (a) the names and addresses of all the current members of the land trust;\n- (b) the name of each member of the land trust’s executive committee, and the position held by the member;\n- (c) a contact telephone number for the chairperson and secretary of the land trust;\n- (d) a copy of the land trust’s adopted rules;\n- (e) copies of annual financial statements and audit reports the chief executive receives from the land trust under this Act;\n- (f) a statement about whether or not the land trust has, for each financial year, operated in compliance with the Act . Note— Under section 164 , the chief executive must record in the register whether or not a land trust has operated in compliance with the Act .","sortOrder":145},{"sectionNumber":"sec.52","sectionType":"section","heading":"Giving information for register to the chief executive","content":"### sec.52 Giving information for register to the chief executive\n\nEach entity, other than a land trust, that holds Torres Strait Islander land must—\nas soon as practicable after the end of each financial year, give to the chief executive the information mentioned in section 51 (2) for the entity; and\nas soon as practicable after any of the information changes—give the chief executive a notice of the change.\nA land trust must give to the chief executive all the information the chief executive reasonably requires to ensure the information in the register about the land trust is accurate.\ns 52 sub 2011 No. 26 s 165\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.52-ssec.1) Each entity, other than a land trust, that holds Torres Strait Islander land must— as soon as practicable after the end of each financial year, give to the chief executive the information mentioned in section 51 (2) for the entity; and as soon as practicable after any of the information changes—give the chief executive a notice of the change.\n(sec.52-ssec.2) A land trust must give to the chief executive all the information the chief executive reasonably requires to ensure the information in the register about the land trust is accurate.\n- (a) as soon as practicable after the end of each financial year, give to the chief executive the information mentioned in section 51 (2) for the entity; and\n- (b) as soon as practicable after any of the information changes—give the chief executive a notice of the change.","sortOrder":146},{"sectionNumber":"sec.53","sectionType":"section","heading":"Obtaining information in register","content":"### sec.53 Obtaining information in register\n\nA person may, in the approved form, ask the chief executive to give the person information included in the Torres Strait Islander land holding entity register.\nThe chief executive must, if asked under subsection (1) , give the person the information included in the publicly available part of the register.\nThe chief executive may, if asked under subsection (1) , give the person the additional information for a land trust only if the chairperson of the land trust consents in writing to the giving of the information.\nIn this section—\nadditional information , for a land trust, means the following—\nthe names of all the current members of the land trust;\nthe information mentioned in section 51 (3) (b) , (d) or (e) .\npublicly available part , of the Torres Strait Islander land holding entity register, means the part of the register containing all the following information—\nthe information mentioned in section 51 (2) ;\nfor a land trust—\nthe names of the chairperson and secretary of the land trust; and\nthe information mentioned in section 51 (3) (f) .\ns 53 sub 2011 No. 26 s 165\n(sec.53-ssec.1) A person may, in the approved form, ask the chief executive to give the person information included in the Torres Strait Islander land holding entity register.\n(sec.53-ssec.2) The chief executive must, if asked under subsection (1) , give the person the information included in the publicly available part of the register.\n(sec.53-ssec.3) The chief executive may, if asked under subsection (1) , give the person the additional information for a land trust only if the chairperson of the land trust consents in writing to the giving of the information.\n(sec.53-ssec.4) In this section— additional information , for a land trust, means the following— the names of all the current members of the land trust; the information mentioned in section 51 (3) (b) , (d) or (e) . publicly available part , of the Torres Strait Islander land holding entity register, means the part of the register containing all the following information— the information mentioned in section 51 (2) ; for a land trust— the names of the chairperson and secretary of the land trust; and the information mentioned in section 51 (3) (f) .\n- (a) the names of all the current members of the land trust;\n- (b) the information mentioned in section 51 (3) (b) , (d) or (e) .\n- (a) the information mentioned in section 51 (2) ;\n- (b) for a land trust— (i) the names of the chairperson and secretary of the land trust; and (ii) the information mentioned in section 51 (3) (f) .\n- (i) the names of the chairperson and secretary of the land trust; and\n- (ii) the information mentioned in section 51 (3) (f) .\n- (i) the names of the chairperson and secretary of the land trust; and\n- (ii) the information mentioned in section 51 (3) (f) .","sortOrder":147},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transfer of Torres Strait Islander land by Minister","content":"# Transfer of Torres Strait Islander land by Minister","sortOrder":148},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":149},{"sectionNumber":"sec.54","sectionType":"section","heading":"Purpose of pt 6","content":"### sec.54 Purpose of pt 6\n\nThe purpose of this part is to provide for—\nparticular Torres Strait Islander land to vest in the State; and\nthe transfer of Torres Strait Islander land that vests in the State to another entity to hold as Torres Strait Islander land.\ns 54 sub 2011 No. 26 s 165\n- (a) particular Torres Strait Islander land to vest in the State; and\n- (b) the transfer of Torres Strait Islander land that vests in the State to another entity to hold as Torres Strait Islander land.","sortOrder":150},{"sectionNumber":"sec.55","sectionType":"section","heading":"Application of pt 6","content":"### sec.55 Application of pt 6\n\nThis part applies to Torres Strait Islander land that is or was held by a CATSI corporation for the benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants, if—\nunder the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) —\nthe corporation stops being registered; and\nthe land is vested in the State; or\nthe corporation is no longer qualified to hold the land.\ns 55 sub 2011 No. 26 s 165\n- (a) under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) — (i) the corporation stops being registered; and (ii) the land is vested in the State; or\n- (i) the corporation stops being registered; and\n- (ii) the land is vested in the State; or\n- (b) the corporation is no longer qualified to hold the land.\n- (i) the corporation stops being registered; and\n- (ii) the land is vested in the State; or","sortOrder":151},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Vesting and transfer of land","content":"## Vesting and transfer of land","sortOrder":152},{"sectionNumber":"sec.56","sectionType":"section","heading":"Vesting of land in the State","content":"### sec.56 Vesting of land in the State\n\nIf the CATSI corporation is no longer qualified to hold the land, the Minister may, by gazette notice, declare that the land vests in the State.\nThe gazette notice must—\ninclude a description of the land; and\nstate the reason that the CATSI corporation is no longer qualified to hold the land.\ns 56 amd 1993 No. 85 s 169C (amd 1994 No. 61 s 2 sch 2 )\nsub 2011 No. 26 s 165\n(sec.56-ssec.1) If the CATSI corporation is no longer qualified to hold the land, the Minister may, by gazette notice, declare that the land vests in the State.\n(sec.56-ssec.2) The gazette notice must— include a description of the land; and state the reason that the CATSI corporation is no longer qualified to hold the land.\n- (a) include a description of the land; and\n- (b) state the reason that the CATSI corporation is no longer qualified to hold the land.","sortOrder":153},{"sectionNumber":"sec.57","sectionType":"section","heading":"How land is held by the State","content":"### sec.57 How land is held by the State\n\nThis section applies if—\nthe land vests in the State under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; or\nthe land vests in the State under section 56 .\nThe land—\nvests in the State in fee simple; and\nthe State holds the land for the benefit of the persons for whose benefit the land was held immediately before it vested in the State.\ns 57 sub 2011 No. 26 s 165\n(sec.57-ssec.1) This section applies if— the land vests in the State under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; or the land vests in the State under section 56 .\n(sec.57-ssec.2) The land— vests in the State in fee simple; and the State holds the land for the benefit of the persons for whose benefit the land was held immediately before it vested in the State.\n- (a) the land vests in the State under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; or\n- (b) the land vests in the State under section 56 .\n- (a) vests in the State in fee simple; and\n- (b) the State holds the land for the benefit of the persons for whose benefit the land was held immediately before it vested in the State.","sortOrder":154},{"sectionNumber":"sec.58","sectionType":"section","heading":"Minister to transfer land as soon as practicable","content":"### sec.58 Minister to transfer land as soon as practicable\n\nThe Minister must, by gazette notice as soon as practicable after the land vests in the State, transfer the land under this part.\nThe gazette notice must include—\na description of the land being transferred; and\nthe name of the entity to whom the land is transferred.\ns 58 amd 1993 No. 85 s 169D (amd 1994 No. 61 s 2 sch 2 )\nsub 2011 No. 26 s 165\n(sec.58-ssec.1) The Minister must, by gazette notice as soon as practicable after the land vests in the State, transfer the land under this part.\n(sec.58-ssec.2) The gazette notice must include— a description of the land being transferred; and the name of the entity to whom the land is transferred.\n- (a) a description of the land being transferred; and\n- (b) the name of the entity to whom the land is transferred.","sortOrder":155},{"sectionNumber":"sec.59","sectionType":"section","heading":"Transfer to registered native title body corporate to hold for native title holders","content":"### sec.59 Transfer to registered native title body corporate to hold for native title holders\n\nThis section applies if—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\nthere is a registered native title body corporate for the determination.\nThe Minister may, with the consent of the registered native title body corporate, transfer the land to it.\nIf the Minister transfers the land under this section to a registered native title body corporate, the body corporate holds the land for the native title holders of the land the subject of the determination mentioned in subsection (1) (a) .\nIn considering whether to transfer the land to a registered native title body corporate, the Minister may have regard to any matter the Minister considers relevant to the proposed transfer, including, for example—\nwhether any Torres Strait Islanders particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed transfer; and\nif the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.\ns 59 ins 1993 No. 85 s 169E (amd 1994 No. 61 s 2 sch 2 )\nsub 2011 No. 26 s 165\n(sec.59-ssec.1) This section applies if— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and there is a registered native title body corporate for the determination.\n(sec.59-ssec.2) The Minister may, with the consent of the registered native title body corporate, transfer the land to it.\n(sec.59-ssec.3) If the Minister transfers the land under this section to a registered native title body corporate, the body corporate holds the land for the native title holders of the land the subject of the determination mentioned in subsection (1) (a) .\n(sec.59-ssec.4) In considering whether to transfer the land to a registered native title body corporate, the Minister may have regard to any matter the Minister considers relevant to the proposed transfer, including, for example— whether any Torres Strait Islanders particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed transfer; and if the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.\n- (a) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land; and\n- (b) there is a registered native title body corporate for the determination.\n- (a) whether any Torres Strait Islanders particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed transfer; and\n- (b) if the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.","sortOrder":156},{"sectionNumber":"sec.60","sectionType":"section","heading":"Transfer to entity to hold for benefit of Torres Strait Islanders","content":"### sec.60 Transfer to entity to hold for benefit of Torres Strait Islanders\n\nThis section applies if the Minister does not transfer the land under section 59 to a registered native title body corporate.\nThe Minister may transfer the land to—\na CATSI corporation that is qualified to hold the land; or\na land trust.\nHowever, the Minister may transfer the land to a CATSI corporation that is a registered native title body corporate under subsection (2) only if—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\na determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation.\nThe transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\nThe land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\nAn ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\nAnthropological research supports the CATSI corporation as being the appropriate transferee.\nBefore transferring the land, the Minister must consult with, and consider the views of, the Torres Strait Islanders particularly concerned with the land.\nAlso, in considering whether to transfer the land to a registered native title body corporate, the Minister may have regard to any matter the Minister considers relevant to the proposed transfer, including, for example—\nwhether any Torres Strait Islanders particularly concerned with the land may be adversely affected by the proposed transfer; and\nif the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.\nIn deciding to transfer land under this section, the Minister must have regard to any Island custom applicable to the land.\nIf the land is transferred under this section, the entity to whom the land is transferred holds the land for the benefit of the persons for whose benefit the land was held immediately before it was transferred.\ns 60 amd 1991 No. 76 s 49\nsub 2011 No. 26 s 165\namd 2019 No. 7 s 304\n(sec.60-ssec.1) This section applies if the Minister does not transfer the land under section 59 to a registered native title body corporate.\n(sec.60-ssec.2) The Minister may transfer the land to— a CATSI corporation that is qualified to hold the land; or a land trust.\n(sec.60-ssec.3) However, the Minister may transfer the land to a CATSI corporation that is a registered native title body corporate under subsection (2) only if— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation. The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. Anthropological research supports the CATSI corporation as being the appropriate transferee.\n(sec.60-ssec.4) Before transferring the land, the Minister must consult with, and consider the views of, the Torres Strait Islanders particularly concerned with the land.\n(sec.60-ssec.5) Also, in considering whether to transfer the land to a registered native title body corporate, the Minister may have regard to any matter the Minister considers relevant to the proposed transfer, including, for example— whether any Torres Strait Islanders particularly concerned with the land may be adversely affected by the proposed transfer; and if the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.\n(sec.60-ssec.6) In deciding to transfer land under this section, the Minister must have regard to any Island custom applicable to the land.\n(sec.60-ssec.7) If the land is transferred under this section, the entity to whom the land is transferred holds the land for the benefit of the persons for whose benefit the land was held immediately before it was transferred.\n- (a) a CATSI corporation that is qualified to hold the land; or\n- (b) a land trust.\n- (a) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\n- (b) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but the Minister is satisfied it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation. Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (a) whether any Torres Strait Islanders particularly concerned with the land may be adversely affected by the proposed transfer; and\n- (b) if the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.","sortOrder":157},{"sectionNumber":"sec.61","sectionType":"section","heading":"Procedure for transferring land","content":"### sec.61 Procedure for transferring land\n\nBefore transferring the land, the Minister must—\npublish notice of the Minister’s intention to transfer the land in a newspaper or other publication circulating generally in the area in which the land is situated; and\nconsider all representations made to the Minister under subsection (4) .\nThe notice must—\ninclude a description of the land; and\nstate the following—\nthe name of the proposed transferee;\nthat a Torres Strait Islander particularly concerned with the land may make written representations to the Minister about the proposed transfer;\nthe place where the representations may be made;\nthe period in which the representations must be made.\nThe stated period must end at least 28 days after the notice is published.\nA person mentioned in subsection (2) (b) (ii) may make written representations about the proposed transfer to the Minister within the stated period.\ns 61 sub 2011 No. 26 s 165\n(sec.61-ssec.1) Before transferring the land, the Minister must— publish notice of the Minister’s intention to transfer the land in a newspaper or other publication circulating generally in the area in which the land is situated; and consider all representations made to the Minister under subsection (4) .\n(sec.61-ssec.2) The notice must— include a description of the land; and state the following— the name of the proposed transferee; that a Torres Strait Islander particularly concerned with the land may make written representations to the Minister about the proposed transfer; the place where the representations may be made; the period in which the representations must be made.\n(sec.61-ssec.3) The stated period must end at least 28 days after the notice is published.\n(sec.61-ssec.4) A person mentioned in subsection (2) (b) (ii) may make written representations about the proposed transfer to the Minister within the stated period.\n- (a) publish notice of the Minister’s intention to transfer the land in a newspaper or other publication circulating generally in the area in which the land is situated; and\n- (b) consider all representations made to the Minister under subsection (4) .\n- (a) include a description of the land; and\n- (b) state the following— (i) the name of the proposed transferee; (ii) that a Torres Strait Islander particularly concerned with the land may make written representations to the Minister about the proposed transfer; (iii) the place where the representations may be made; (iv) the period in which the representations must be made.\n- (i) the name of the proposed transferee;\n- (ii) that a Torres Strait Islander particularly concerned with the land may make written representations to the Minister about the proposed transfer;\n- (iii) the place where the representations may be made;\n- (iv) the period in which the representations must be made.\n- (i) the name of the proposed transferee;\n- (ii) that a Torres Strait Islander particularly concerned with the land may make written representations to the Minister about the proposed transfer;\n- (iii) the place where the representations may be made;\n- (iv) the period in which the representations must be made.","sortOrder":158},{"sectionNumber":"sec.62","sectionType":"section","heading":"Effect of gazette notice about transfer","content":"### sec.62 Effect of gazette notice about transfer\n\nThe transfer of the land under this part has effect on publication of the gazette notice about the transfer under section 58 .\ns 62 sub 2011 No. 26 s 165","sortOrder":159},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Notices to registrar","content":"## Notices to registrar","sortOrder":160},{"sectionNumber":"sec.63","sectionType":"section","heading":"Notice about land","content":"### sec.63 Notice about land\n\nIf land vests in the State or is transferred under this part, the chief executive must give the registrar notice of the vesting or transfer.\nThe notice must include particulars of the land the subject of the vesting or transfer.\nOn receiving the notice, the registrar must record in the freehold land register the vesting or transfer.\ns 63 sub 2011 No. 26 s 165\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.63-ssec.1) If land vests in the State or is transferred under this part, the chief executive must give the registrar notice of the vesting or transfer.\n(sec.63-ssec.2) The notice must include particulars of the land the subject of the vesting or transfer.\n(sec.63-ssec.3) On receiving the notice, the registrar must record in the freehold land register the vesting or transfer.","sortOrder":161},{"sectionNumber":"pt.7","sectionType":"part","heading":"General provisions for dealing with Torres Strait Islander land","content":"# General provisions for dealing with Torres Strait Islander land","sortOrder":162},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Trustee’s power to deal with Torres Strait Islander land","content":"## Trustee’s power to deal with Torres Strait Islander land","sortOrder":163},{"sectionNumber":"sec.64","sectionType":"section","heading":"Power to deal with Torres Strait Islander land","content":"### sec.64 Power to deal with Torres Strait Islander land\n\nThis section applies subject to this part and parts 2A and 8 .\nThe trustee of Torres Strait Islander land may—\ngrant, transfer or otherwise create an interest in, or in relation to, the land in the way the trustee considers appropriate, including, for example, by—\ngranting a lease or licence over all or a part of the land; or\nconsenting to the creation of a mining interest in the land; or\ngranting an easement over the land; or\nentering into a conservation agreement under the Nature Conservation Act 1992 , section 45 , for the land; or\nentering into an agreement with the State or the Commonwealth in relation to the getting and sale of forest products or quarry material above, on or below the land; or\ndedicate a part of the land to public use by registering a plan of subdivision under the Land Title Act , part 4 , division 3 ; or\nsurrender all or a part of the land to the State.\nThe lessee of a townsite lease may grant a licence for the use of all or a part of the lease land.\ns 64 sub 2011 No. 26 s 165\namd 2014 No. 45 s 36\n(sec.64-ssec.1) This section applies subject to this part and parts 2A and 8 .\n(sec.64-ssec.2) The trustee of Torres Strait Islander land may— grant, transfer or otherwise create an interest in, or in relation to, the land in the way the trustee considers appropriate, including, for example, by— granting a lease or licence over all or a part of the land; or consenting to the creation of a mining interest in the land; or granting an easement over the land; or entering into a conservation agreement under the Nature Conservation Act 1992 , section 45 , for the land; or entering into an agreement with the State or the Commonwealth in relation to the getting and sale of forest products or quarry material above, on or below the land; or dedicate a part of the land to public use by registering a plan of subdivision under the Land Title Act , part 4 , division 3 ; or surrender all or a part of the land to the State.\n(sec.64-ssec.3) The lessee of a townsite lease may grant a licence for the use of all or a part of the lease land.\n- (a) grant, transfer or otherwise create an interest in, or in relation to, the land in the way the trustee considers appropriate, including, for example, by— (i) granting a lease or licence over all or a part of the land; or (ii) consenting to the creation of a mining interest in the land; or (iii) granting an easement over the land; or (iv) entering into a conservation agreement under the Nature Conservation Act 1992 , section 45 , for the land; or (v) entering into an agreement with the State or the Commonwealth in relation to the getting and sale of forest products or quarry material above, on or below the land; or\n- (i) granting a lease or licence over all or a part of the land; or\n- (ii) consenting to the creation of a mining interest in the land; or\n- (iii) granting an easement over the land; or\n- (iv) entering into a conservation agreement under the Nature Conservation Act 1992 , section 45 , for the land; or\n- (v) entering into an agreement with the State or the Commonwealth in relation to the getting and sale of forest products or quarry material above, on or below the land; or\n- (b) dedicate a part of the land to public use by registering a plan of subdivision under the Land Title Act , part 4 , division 3 ; or\n- (c) surrender all or a part of the land to the State.\n- (i) granting a lease or licence over all or a part of the land; or\n- (ii) consenting to the creation of a mining interest in the land; or\n- (iii) granting an easement over the land; or\n- (iv) entering into a conservation agreement under the Nature Conservation Act 1992 , section 45 , for the land; or\n- (v) entering into an agreement with the State or the Commonwealth in relation to the getting and sale of forest products or quarry material above, on or below the land; or","sortOrder":164},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns 65 ins 2011 No. 26 s 165\nom 2014 No. 45 s 38","sortOrder":165},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 ins 2011 No. 26 s 165\nom 2014 No. 45 s 38","sortOrder":166},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Sale or mortgage prohibited","content":"## Sale or mortgage prohibited","sortOrder":167},{"sectionNumber":"sec.67","sectionType":"section","heading":"Prohibition on sale or mortgage of Torres Strait Islander land","content":"### sec.67 Prohibition on sale or mortgage of Torres Strait Islander land\n\nThe trustee of Torres Strait Islander land must not sell or mortgage the land.\ns 67 sub 2011 No. 26 s 165","sortOrder":168},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":null,"content":"","sortOrder":169},{"sectionNumber":"sec.68","sectionType":"section","heading":null,"content":"### Section sec.68\n\ns 68 sub 2011 No. 26 s 165\nom 2014 No. 45 s 39","sortOrder":170},{"sectionNumber":"sec.69","sectionType":"section","heading":null,"content":"### Section sec.69\n\ns 69 ins 2011 No. 26 s 165\nom 2014 No. 45 s 39","sortOrder":171},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Transfer of Torres Strait Islander land by trustee","content":"## Transfer of Torres Strait Islander land by trustee","sortOrder":172},{"sectionNumber":"sec.70","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.70 Application of sdiv 1\n\nThis subdivision applies to Torres Strait Islander land held by a land trust.\ns 70 amd 2003 No. 77 s 122 ; 2008 No. 29 s 73 sch\nsub 2011 No. 26 s 165","sortOrder":173},{"sectionNumber":"sec.71","sectionType":"section","heading":"Transfer of Torres Strait Islander land","content":"### sec.71 Transfer of Torres Strait Islander land\n\nThe trustee of the Torres Strait Islander land (the transferor ) may transfer all or a part of the land only—\nwith the Minister’s written approval; and\nto either of the following entities (the transferee )—\nanother land trust;\na CATSI corporation that is qualified to hold the land.\nIf a trustee transfers land under this subdivision—\nall improvements on the land must be transferred with the land; and\nfor a transferee that is a registered native title body corporate—the transferee holds the land for—\nthe native title holders of the land, if the transferor and the transferee agree it is to be held for the native title holders; or\nthe benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants, if subparagraph (i) does not apply to the transfer; and\nfor a transferee that is not a registered native title body corporate—the transferee holds the land for the benefit of the Torres Strait Islanders particularly concerned with the land and their ancestors and descendants; and\nif all the Torres Strait Islander land held by the trustee is transferred to the transferee—\nthe land trust for the land that is transferred is dissolved; and\nall the assets and liabilities of the trustee become the assets and liabilities of the transferee; and\nif paragraph (c) does not apply—the assets and liabilities of the trustee mentioned in section 73 (1) (a) (ii) become the assets and liabilities of the transferee.\ns 71 ins 2011 No. 26 s 165\namd 2019 No. 7 s 305\n(sec.71-ssec.1) The trustee of the Torres Strait Islander land (the transferor ) may transfer all or a part of the land only— with the Minister’s written approval; and to either of the following entities (the transferee )— another land trust; a CATSI corporation that is qualified to hold the land.\n(sec.71-ssec.2) If a trustee transfers land under this subdivision— all improvements on the land must be transferred with the land; and for a transferee that is a registered native title body corporate—the transferee holds the land for— the native title holders of the land, if the transferor and the transferee agree it is to be held for the native title holders; or the benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants, if subparagraph (i) does not apply to the transfer; and for a transferee that is not a registered native title body corporate—the transferee holds the land for the benefit of the Torres Strait Islanders particularly concerned with the land and their ancestors and descendants; and if all the Torres Strait Islander land held by the trustee is transferred to the transferee— the land trust for the land that is transferred is dissolved; and all the assets and liabilities of the trustee become the assets and liabilities of the transferee; and if paragraph (c) does not apply—the assets and liabilities of the trustee mentioned in section 73 (1) (a) (ii) become the assets and liabilities of the transferee.\n- (a) with the Minister’s written approval; and\n- (b) to either of the following entities (the transferee )— (i) another land trust; (ii) a CATSI corporation that is qualified to hold the land.\n- (i) another land trust;\n- (ii) a CATSI corporation that is qualified to hold the land.\n- (i) another land trust;\n- (ii) a CATSI corporation that is qualified to hold the land.\n- (a) all improvements on the land must be transferred with the land; and\n- (b) for a transferee that is a registered native title body corporate—the transferee holds the land for— (i) the native title holders of the land, if the transferor and the transferee agree it is to be held for the native title holders; or (ii) the benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants, if subparagraph (i) does not apply to the transfer; and\n- (i) the native title holders of the land, if the transferor and the transferee agree it is to be held for the native title holders; or\n- (ii) the benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants, if subparagraph (i) does not apply to the transfer; and\n- (c) for a transferee that is not a registered native title body corporate—the transferee holds the land for the benefit of the Torres Strait Islanders particularly concerned with the land and their ancestors and descendants; and\n- (d) if all the Torres Strait Islander land held by the trustee is transferred to the transferee— (i) the land trust for the land that is transferred is dissolved; and (ii) all the assets and liabilities of the trustee become the assets and liabilities of the transferee; and\n- (i) the land trust for the land that is transferred is dissolved; and\n- (ii) all the assets and liabilities of the trustee become the assets and liabilities of the transferee; and\n- (e) if paragraph (c) does not apply—the assets and liabilities of the trustee mentioned in section 73 (1) (a) (ii) become the assets and liabilities of the transferee.\n- (i) the native title holders of the land, if the transferor and the transferee agree it is to be held for the native title holders; or\n- (ii) the benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants, if subparagraph (i) does not apply to the transfer; and\n- (i) the land trust for the land that is transferred is dissolved; and\n- (ii) all the assets and liabilities of the trustee become the assets and liabilities of the transferee; and","sortOrder":174},{"sectionNumber":"sec.72","sectionType":"section","heading":"Application for approval to transfer","content":"### sec.72 Application for approval to transfer\n\nThe trustee of the Torres Strait Islander land may apply to the Minister for an approval to transfer all or a part of the land.\nThe application must—\nbe in the approved form; and\nif the transferee is a land trust—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 73 (1) (a) or (b) that applies to the transfer; and\nif the transferee is a CATSI corporation—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 73 (1) (c) or (d) that applies to the transfer.\ns 72 ins 2011 No. 26 s 165\namd 2019 No. 7 s 306\n(sec.72-ssec.1) The trustee of the Torres Strait Islander land may apply to the Minister for an approval to transfer all or a part of the land.\n(sec.72-ssec.2) The application must— be in the approved form; and if the transferee is a land trust—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 73 (1) (a) or (b) that applies to the transfer; and if the transferee is a CATSI corporation—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 73 (1) (c) or (d) that applies to the transfer.\n- (a) be in the approved form; and\n- (b) if the transferee is a land trust—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 73 (1) (a) or (b) that applies to the transfer; and\n- (c) if the transferee is a CATSI corporation—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 73 (1) (c) or (d) that applies to the transfer.","sortOrder":175},{"sectionNumber":"sec.73","sectionType":"section","heading":"Minister’s approval to transfer","content":"### sec.73 Minister’s approval to transfer\n\nThe Minister may give an approval to transfer the land only if satisfied—\nat least 75% of the transferor’s members present at a general meeting of the transferor, agree to the transfer of—\nthe land; and\nthe assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\nif the transferee is a land trust—at least 75% of the transferee’s members present at a general meeting of the transferee, agree to the transfer of—\nthe land; and\nthe assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\nif the transferee is a CATSI corporation—\nthe transferee agrees to the transfer; and\nthe transferee is qualified to hold the land; and\nif the transferee is a CATSI corporation that is a registered native title body corporate—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\na determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and\nThe transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\nThe land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\nAn ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\nAnthropological research supports the CATSI corporation as being the appropriate transferee.\nit is appropriate in the circumstances to transfer the land.\nIf the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice.\nThe gazette notice must—\ninclude all of the following—\nthe name of the transferor;\na description of the land being transferred;\ndetails of each registered interest in the land being transferred;\na description of all Torres Strait Islander land, if any, that will be held by the transferor after the transfer;\nthe name of the transferee;\na description of all Torres Strait Islander land that will be held by the transferee after the transfer; and\nif the transferor is a land trust that is dissolved under section 71 (2) (d) (i) because of the transfer—state the land trust will be dissolved.\nIn this section—\ndescription , in relation to land, means the description of the land as shown in the freehold land register.\nregistered interest means an interest registered under the Land Title Act .\ns 73 ins 2011 No. 26 s 165\namd 2019 No. 7 s 307\n(sec.73-ssec.1) The Minister may give an approval to transfer the land only if satisfied— at least 75% of the transferor’s members present at a general meeting of the transferor, agree to the transfer of— the land; and the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and if the transferee is a land trust—at least 75% of the transferee’s members present at a general meeting of the transferee, agree to the transfer of— the land; and the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and if the transferee is a CATSI corporation— the transferee agrees to the transfer; and the transferee is qualified to hold the land; and if the transferee is a CATSI corporation that is a registered native title body corporate— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. Anthropological research supports the CATSI corporation as being the appropriate transferee. it is appropriate in the circumstances to transfer the land.\n(sec.73-ssec.2) If the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice.\n(sec.73-ssec.3) The gazette notice must— include all of the following— the name of the transferor; a description of the land being transferred; details of each registered interest in the land being transferred; a description of all Torres Strait Islander land, if any, that will be held by the transferor after the transfer; the name of the transferee; a description of all Torres Strait Islander land that will be held by the transferee after the transfer; and if the transferor is a land trust that is dissolved under section 71 (2) (d) (i) because of the transfer—state the land trust will be dissolved.\n(sec.73-ssec.4) In this section— description , in relation to land, means the description of the land as shown in the freehold land register. registered interest means an interest registered under the Land Title Act .\n- (a) at least 75% of the transferor’s members present at a general meeting of the transferor, agree to the transfer of— (i) the land; and (ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\n- (i) the land; and\n- (ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\n- (b) if the transferee is a land trust—at least 75% of the transferee’s members present at a general meeting of the transferee, agree to the transfer of— (i) the land; and (ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\n- (i) the land; and\n- (ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\n- (c) if the transferee is a CATSI corporation— (i) the transferee agrees to the transfer; and (ii) the transferee is qualified to hold the land; and\n- (i) the transferee agrees to the transfer; and\n- (ii) the transferee is qualified to hold the land; and\n- (d) if the transferee is a CATSI corporation that is a registered native title body corporate— (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\n- (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (e) it is appropriate in the circumstances to transfer the land.\n- (i) the land; and\n- (ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\n- (i) the land; and\n- (ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and\n- (i) the transferee agrees to the transfer; and\n- (ii) the transferee is qualified to hold the land; and\n- (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\n- (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (a) include all of the following— (i) the name of the transferor; (ii) a description of the land being transferred; (iii) details of each registered interest in the land being transferred; (iv) a description of all Torres Strait Islander land, if any, that will be held by the transferor after the transfer; (v) the name of the transferee; (vi) a description of all Torres Strait Islander land that will be held by the transferee after the transfer; and\n- (i) the name of the transferor;\n- (ii) a description of the land being transferred;\n- (iii) details of each registered interest in the land being transferred;\n- (iv) a description of all Torres Strait Islander land, if any, that will be held by the transferor after the transfer;\n- (v) the name of the transferee;\n- (vi) a description of all Torres Strait Islander land that will be held by the transferee after the transfer; and\n- (b) if the transferor is a land trust that is dissolved under section 71 (2) (d) (i) because of the transfer—state the land trust will be dissolved.\n- (i) the name of the transferor;\n- (ii) a description of the land being transferred;\n- (iii) details of each registered interest in the land being transferred;\n- (iv) a description of all Torres Strait Islander land, if any, that will be held by the transferor after the transfer;\n- (v) the name of the transferee;\n- (vi) a description of all Torres Strait Islander land that will be held by the transferee after the transfer; and","sortOrder":176},{"sectionNumber":"sec.74","sectionType":"section","heading":"Effect of gazette notice about transfer","content":"### sec.74 Effect of gazette notice about transfer\n\nOn publication of the gazette notice the Torres Strait Islander land proposed to be transferred may be transferred to the transferee.\ns 74 ins 2011 No. 26 s 165","sortOrder":177},{"sectionNumber":"sec.75","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.75 Application of sdiv 2\n\nThis subdivision applies to Torres Strait Islander land held by a CATSI corporation.\nHowever, this subdivision does not apply to a transfer of Torres Strait Islander land from a registered native title body corporate (the original body corporate ) to another registered native title body corporate that, under the Commonwealth Native Title Act , replaces the original body corporate.\ns 75 amd 1993 No. 85 s 169F (amd 1994 No. 61 s 2 sch 2 ); 2003 No. 77 s 123 ; 2008 No. 29 s 73 sch\nsub 2011 No. 26 s 165\n(sec.75-ssec.1) This subdivision applies to Torres Strait Islander land held by a CATSI corporation.\n(sec.75-ssec.2) However, this subdivision does not apply to a transfer of Torres Strait Islander land from a registered native title body corporate (the original body corporate ) to another registered native title body corporate that, under the Commonwealth Native Title Act , replaces the original body corporate.","sortOrder":178},{"sectionNumber":"sec.76","sectionType":"section","heading":"Transfer of Torres Strait Islander land","content":"### sec.76 Transfer of Torres Strait Islander land\n\nThe trustee of the Torres Strait Islander land (the transferor ) may transfer all or a part of the land only—\nwith the Minister’s written approval; and\nto another CATSI corporation that is qualified to hold the land (the transferee ).\nThe transferee holds the land for—\nthe native title holders of the land, if—\nthe transferee is a registered native title body corporate; and\nthe transferor and the transferee agree it is to be held for the native title holders; or\notherwise—the benefit of the Torres Strait Islanders particularly concerned with the land and their ancestors and descendants.\ns 76 ins 2011 No. 26 s 165\namd 2019 No. 7 s 308\n(sec.76-ssec.1) The trustee of the Torres Strait Islander land (the transferor ) may transfer all or a part of the land only— with the Minister’s written approval; and to another CATSI corporation that is qualified to hold the land (the transferee ).\n(sec.76-ssec.2) The transferee holds the land for— the native title holders of the land, if— the transferee is a registered native title body corporate; and the transferor and the transferee agree it is to be held for the native title holders; or otherwise—the benefit of the Torres Strait Islanders particularly concerned with the land and their ancestors and descendants.\n- (a) with the Minister’s written approval; and\n- (b) to another CATSI corporation that is qualified to hold the land (the transferee ).\n- (a) the native title holders of the land, if— (i) the transferee is a registered native title body corporate; and (ii) the transferor and the transferee agree it is to be held for the native title holders; or\n- (i) the transferee is a registered native title body corporate; and\n- (ii) the transferor and the transferee agree it is to be held for the native title holders; or\n- (b) otherwise—the benefit of the Torres Strait Islanders particularly concerned with the land and their ancestors and descendants.\n- (i) the transferee is a registered native title body corporate; and\n- (ii) the transferor and the transferee agree it is to be held for the native title holders; or","sortOrder":179},{"sectionNumber":"sec.77","sectionType":"section","heading":"Application for approval to transfer","content":"### sec.77 Application for approval to transfer\n\nThe trustee of the Torres Strait Islander land may apply to the Minister for an approval to transfer all or a part of the land.\nThe application must be in the approved form.\ns 77 ins 2011 No. 26 s 165\n(sec.77-ssec.1) The trustee of the Torres Strait Islander land may apply to the Minister for an approval to transfer all or a part of the land.\n(sec.77-ssec.2) The application must be in the approved form.","sortOrder":180},{"sectionNumber":"sec.78","sectionType":"section","heading":"Minister’s approval to transfer","content":"### sec.78 Minister’s approval to transfer\n\nThe Minister may give an approval to transfer the land only if satisfied—\nthe transferee agrees to the transfer; and\nthe transferee is qualified to hold the land; and\nif the transferee is a CATSI corporation that is a registered native title body corporate—\nunder the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\na determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and\nThe transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\nThe land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\nAn ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\nAnthropological research supports the CATSI corporation as being the appropriate transferee.\nit is appropriate in the circumstances to transfer the land.\nIf the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice.\nThe gazette notice must include all of the following—\nthe name of the transferor;\na description of the land being transferred;\nthe name of the transferee.\nIn this section—\ndescription , in relation to land, means the description of the land as shown in the freehold land register.\ns 78 ins 2011 No. 26 s 165\namd 2019 No. 7 s 309\n(sec.78-ssec.1) The Minister may give an approval to transfer the land only if satisfied— the transferee agrees to the transfer; and the transferee is qualified to hold the land; and if the transferee is a CATSI corporation that is a registered native title body corporate— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. Anthropological research supports the CATSI corporation as being the appropriate transferee. it is appropriate in the circumstances to transfer the land.\n(sec.78-ssec.2) If the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice.\n(sec.78-ssec.3) The gazette notice must include all of the following— the name of the transferor; a description of the land being transferred; the name of the transferee.\n(sec.78-ssec.4) In this section— description , in relation to land, means the description of the land as shown in the freehold land register.\n- (a) the transferee agrees to the transfer; and\n- (b) the transferee is qualified to hold the land; and\n- (c) if the transferee is a CATSI corporation that is a registered native title body corporate— (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\n- (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (d) it is appropriate in the circumstances to transfer the land.\n- (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or\n- (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land.\n- 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.\n- 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.\n- 4 Anthropological research supports the CATSI corporation as being the appropriate transferee.\n- (a) the name of the transferor;\n- (b) a description of the land being transferred;\n- (c) the name of the transferee.","sortOrder":181},{"sectionNumber":"sec.79","sectionType":"section","heading":"Effect of gazette notice about transfer","content":"### sec.79 Effect of gazette notice about transfer\n\nOn publication of the gazette notice the Torres Strait Islander land proposed to be transferred may be transferred to the transferee.\ns 79 ins 2011 No. 26 s 165","sortOrder":182},{"sectionNumber":"sec.80","sectionType":"section","heading":"Exemption","content":"### sec.80 Exemption\n\nIf a trustee of Torres Strait Islander land transfers all or a part of the land under this division, no fee or charge is payable by the trustee or the entity to whom the land is transferred in relation to lodgement and registration of any instrument in the land registry to give effect to the transfer.\ns 80 amd 2003 No. 77 s 124 ; 2008 No. 29 s 73 sch\nsub 2011 No. 26 s 165","sortOrder":183},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":184},{"sectionNumber":"sec.81","sectionType":"section","heading":"Trustee to advise chief executive of change to description of land","content":"### sec.81 Trustee to advise chief executive of change to description of land\n\nIf a trustee deals with Torres Strait Islander land held by the trustee in a way that changes the description of the land as shown in the freehold land register, the trustee must as soon as practicable after the dealing happens give the chief executive notice of the change.\ns 81 sub 2011 No. 26 s 165\namd 2013 No. 23 s 352 sch 1 pt 1","sortOrder":185},{"sectionNumber":"sec.82","sectionType":"section","heading":"Particular dealings in Torres Strait Islander land void","content":"### sec.82 Particular dealings in Torres Strait Islander land void\n\nA grant, transfer or other creation of an interest in Torres Strait Islander land in contravention of this part or part 2A or 8 is void.\nSubsection (1) does not apply to a registered interest.\ns 82 ins 2011 No. 26 s 165\namd 2014 No. 45 s 40\n(sec.82-ssec.1) A grant, transfer or other creation of an interest in Torres Strait Islander land in contravention of this part or part 2A or 8 is void.\n(sec.82-ssec.2) Subsection (1) does not apply to a registered interest.","sortOrder":186},{"sectionNumber":"sec.83","sectionType":"section","heading":"Provision about resumption of Torres Strait Islander land etc.","content":"### sec.83 Provision about resumption of Torres Strait Islander land etc.\n\nAn interest in Torres Strait Islander land can not be resumed, taken or otherwise compulsorily acquired, sold or dealt with other than under the Acquisition Act by a constructing authority.\nHowever, an interest in Torres Strait Islander land may be taken under the Acquisition Act only for a relevant purpose.\nTo remove any doubt, it is declared that, for taking an interest in Torres Strait Islander land under the Acquisition Act , the Torres Strait Islander land is land as defined in that Act.\nSubsection (1) has effect despite any other Act (whether enacted before or after the enactment of this section).\nIn this section—\nrelevant purpose means any purpose for which land may be taken under the Acquisition Act by a constructing authority, other than a purpose under—\nthe Geothermal Energy Act 2010 ; or\nthe Greenhouse Gas Storage Act 2009 ; or\nthe Petroleum and Gas (Production and Safety) Act 2004 ; or\nthe State Development and Public Works Organisation Act 1971 .\ns 83 ins 2011 No. 26 s 165\n(sec.83-ssec.1) An interest in Torres Strait Islander land can not be resumed, taken or otherwise compulsorily acquired, sold or dealt with other than under the Acquisition Act by a constructing authority.\n(sec.83-ssec.2) However, an interest in Torres Strait Islander land may be taken under the Acquisition Act only for a relevant purpose.\n(sec.83-ssec.3) To remove any doubt, it is declared that, for taking an interest in Torres Strait Islander land under the Acquisition Act , the Torres Strait Islander land is land as defined in that Act.\n(sec.83-ssec.4) Subsection (1) has effect despite any other Act (whether enacted before or after the enactment of this section).\n(sec.83-ssec.5) In this section— relevant purpose means any purpose for which land may be taken under the Acquisition Act by a constructing authority, other than a purpose under— the Geothermal Energy Act 2010 ; or the Greenhouse Gas Storage Act 2009 ; or the Petroleum and Gas (Production and Safety) Act 2004 ; or the State Development and Public Works Organisation Act 1971 .\n- (a) the Geothermal Energy Act 2010 ; or\n- (b) the Greenhouse Gas Storage Act 2009 ; or\n- (c) the Petroleum and Gas (Production and Safety) Act 2004 ; or\n- (d) the State Development and Public Works Organisation Act 1971 .","sortOrder":187},{"sectionNumber":"pt.8","sectionType":"part","heading":"Leasing of Torres Strait Islander land","content":"# Leasing of Torres Strait Islander land","sortOrder":188},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":189},{"sectionNumber":"sec.84","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.84 Definitions for pt 8\n\nIn this part—\nhome ownership lease see sections 85 (2) and 86 (2) .\nlessee means—\nfor a part 8 lease granted under a townsite lease—the sublessee under the townsite lease; or\nfor another part 8 lease—the lessee under the lease.\nlessor means—\nfor a part 8 lease granted under a townsite lease—the lessee of the townsite lease; or\nfor another part 8 lease—the trustee of the lease land.\npart 8 lease means a lease granted under this part.\ntownsite lease see section 85 (3) .\ns 84 amd 2008 No. 29 s 73 sch\nsub 2011 No. 26 s 165 ; 2014 No. 45 s 41\n- (a) for a part 8 lease granted under a townsite lease—the sublessee under the townsite lease; or\n- (b) for another part 8 lease—the lessee under the lease.\n- (a) for a part 8 lease granted under a townsite lease—the lessee of the townsite lease; or\n- (b) for another part 8 lease—the trustee of the lease land.","sortOrder":190},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Grant of leases for Torres Strait Islander land","content":"## Grant of leases for Torres Strait Islander land","sortOrder":191},{"sectionNumber":"sec.85","sectionType":"section","heading":"Grant of lease by trustee of Torres Strait Islander land","content":"### sec.85 Grant of lease by trustee of Torres Strait Islander land\n\nThe trustee of Torres Strait Islander land may grant a lease over all or a part of the land for not more than 99 years.\nWithout limiting subsection (1) , the trustee of Torres Strait Islander land may grant a lease (a home ownership lease ) over all or a part of the land for 99 years to any of the following for residential use—\na Torres Strait Islander;\na person who is not a Torres Strait Islander if—\nthe person is the spouse or former spouse of—\na person mentioned in paragraph (a) ; or\na person mentioned in paragraph (a) who is deceased; or\nthe lease supports another part 8 lease granted to the person.\nThe trustee of Torres Strait Islander land may grant a perpetual lease (a townsite lease ) over all or a part of the land if—\nthe land or part is township land; and\nthe lease is granted to a local government.\ns 85 sub 2011 No. 26 s 165 ; 2014 No. 45 s 41\n(sec.85-ssec.1) The trustee of Torres Strait Islander land may grant a lease over all or a part of the land for not more than 99 years.\n(sec.85-ssec.2) Without limiting subsection (1) , the trustee of Torres Strait Islander land may grant a lease (a home ownership lease ) over all or a part of the land for 99 years to any of the following for residential use— a Torres Strait Islander; a person who is not a Torres Strait Islander if— the person is the spouse or former spouse of— a person mentioned in paragraph (a) ; or a person mentioned in paragraph (a) who is deceased; or the lease supports another part 8 lease granted to the person.\n(sec.85-ssec.3) The trustee of Torres Strait Islander land may grant a perpetual lease (a townsite lease ) over all or a part of the land if— the land or part is township land; and the lease is granted to a local government.\n- (a) a Torres Strait Islander;\n- (b) a person who is not a Torres Strait Islander if— (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a) ; or (B) a person mentioned in paragraph (a) who is deceased; or (ii) the lease supports another part 8 lease granted to the person.\n- (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a) ; or (B) a person mentioned in paragraph (a) who is deceased; or\n- (A) a person mentioned in paragraph (a) ; or\n- (B) a person mentioned in paragraph (a) who is deceased; or\n- (ii) the lease supports another part 8 lease granted to the person.\n- (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a) ; or (B) a person mentioned in paragraph (a) who is deceased; or\n- (A) a person mentioned in paragraph (a) ; or\n- (B) a person mentioned in paragraph (a) who is deceased; or\n- (ii) the lease supports another part 8 lease granted to the person.\n- (A) a person mentioned in paragraph (a) ; or\n- (B) a person mentioned in paragraph (a) who is deceased; or\n- (a) the land or part is township land; and\n- (b) the lease is granted to a local government.","sortOrder":192},{"sectionNumber":"sec.86","sectionType":"section","heading":"Grant of lease by lessee of townsite lease","content":"### sec.86 Grant of lease by lessee of townsite lease\n\nThe lessee of a townsite lease may grant a lease for not more than 99 years over all or a part of the lease land.\nWithout limiting subsection (1) , the lessee of a townsite lease may grant a lease (also a home ownership lease ) over all or a part of the lease land for 99 years to any of the following for residential use—\na Torres Strait Islander;\na person who is not a Torres Strait Islander if—\nthe person is the spouse or former spouse of—\na person mentioned in paragraph (a) ; or\na person mentioned in paragraph (a) who is deceased; or\nthe lease supports another part 8 lease granted to the person.\ns 86 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41\n(sec.86-ssec.1) The lessee of a townsite lease may grant a lease for not more than 99 years over all or a part of the lease land.\n(sec.86-ssec.2) Without limiting subsection (1) , the lessee of a townsite lease may grant a lease (also a home ownership lease ) over all or a part of the lease land for 99 years to any of the following for residential use— a Torres Strait Islander; a person who is not a Torres Strait Islander if— the person is the spouse or former spouse of— a person mentioned in paragraph (a) ; or a person mentioned in paragraph (a) who is deceased; or the lease supports another part 8 lease granted to the person.\n- (a) a Torres Strait Islander;\n- (b) a person who is not a Torres Strait Islander if— (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a) ; or (B) a person mentioned in paragraph (a) who is deceased; or (ii) the lease supports another part 8 lease granted to the person.\n- (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a) ; or (B) a person mentioned in paragraph (a) who is deceased; or\n- (A) a person mentioned in paragraph (a) ; or\n- (B) a person mentioned in paragraph (a) who is deceased; or\n- (ii) the lease supports another part 8 lease granted to the person.\n- (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a) ; or (B) a person mentioned in paragraph (a) who is deceased; or\n- (A) a person mentioned in paragraph (a) ; or\n- (B) a person mentioned in paragraph (a) who is deceased; or\n- (ii) the lease supports another part 8 lease granted to the person.\n- (A) a person mentioned in paragraph (a) ; or\n- (B) a person mentioned in paragraph (a) who is deceased; or","sortOrder":193},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Common provisions for part 8 leases","content":"## Common provisions for part 8 leases","sortOrder":194},{"sectionNumber":"sec.87","sectionType":"section","heading":"General conditions of particular leases","content":"### sec.87 General conditions of particular leases\n\nA part 8 lease, other than a townsite lease, may include any of the following conditions—\na stated standard terms document under the Land Title Act forms part of the lease;\nthe lease must not be transferred without the lessor’s prior written consent;\nan interest under the lease, other than a mortgage of the lease, must not be created without the lessor’s prior written consent.\nIf a part 8 lease includes a condition mentioned in subsection (1) (b) or (c) , the lessor must not unreasonably withhold consent to the transfer or creation of an interest under the lease.\nA part 8 lease may be mortgaged without the consent of the lessor.\nSubject to subsection (3) , this section does not limit the conditions that may be imposed on a part 8 lease.\ns 87 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41\n(sec.87-ssec.1) A part 8 lease, other than a townsite lease, may include any of the following conditions— a stated standard terms document under the Land Title Act forms part of the lease; the lease must not be transferred without the lessor’s prior written consent; an interest under the lease, other than a mortgage of the lease, must not be created without the lessor’s prior written consent.\n(sec.87-ssec.2) If a part 8 lease includes a condition mentioned in subsection (1) (b) or (c) , the lessor must not unreasonably withhold consent to the transfer or creation of an interest under the lease.\n(sec.87-ssec.3) A part 8 lease may be mortgaged without the consent of the lessor.\n(sec.87-ssec.4) Subject to subsection (3) , this section does not limit the conditions that may be imposed on a part 8 lease.\n- (a) a stated standard terms document under the Land Title Act forms part of the lease;\n- (b) the lease must not be transferred without the lessor’s prior written consent;\n- (c) an interest under the lease, other than a mortgage of the lease, must not be created without the lessor’s prior written consent.","sortOrder":195},{"sectionNumber":"sec.88","sectionType":"section","heading":"Option to renew particular lease","content":"### sec.88 Option to renew particular lease\n\nA part 8 lease granted under section 85 (1) or 86 (1) may include an option to renew the lease.\nThe term of the renewed lease must not be more than the initial term of the lease.\ns 88 amd 2008 No. 29 s 73 sch\nsub 2011 No. 26 s 165 ; 2014 No. 45 s 41\n(sec.88-ssec.1) A part 8 lease granted under section 85 (1) or 86 (1) may include an option to renew the lease.\n(sec.88-ssec.2) The term of the renewed lease must not be more than the initial term of the lease.","sortOrder":196},{"sectionNumber":"sec.89","sectionType":"section","heading":"Transfer of lease","content":"### sec.89 Transfer of lease\n\nA part 8 lease must not be transferred to a person who, under this Act, would not be entitled to a grant of the lease.\ns 89 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41","sortOrder":197},{"sectionNumber":"sec.90","sectionType":"section","heading":"Lease etc. to be registered","content":"### sec.90 Lease etc. to be registered\n\nThe lessee of a part 8 lease must register the lease and an amendment, surrender or transfer of the lease.\nDespite the Land Title Act , section 65 (2) , an instrument of lease for Torres Strait Islander land must include a plan of survey identifying the lease land.\nSubsection (2) does not apply to a lease entered into only in relation to an area completely within a building.\ns 90 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41\n(sec.90-ssec.1) The lessee of a part 8 lease must register the lease and an amendment, surrender or transfer of the lease.\n(sec.90-ssec.2) Despite the Land Title Act , section 65 (2) , an instrument of lease for Torres Strait Islander land must include a plan of survey identifying the lease land.\n(sec.90-ssec.3) Subsection (2) does not apply to a lease entered into only in relation to an area completely within a building.","sortOrder":198},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Home ownership leases","content":"## Home ownership leases","sortOrder":199},{"sectionNumber":"sec.91","sectionType":"section","heading":"General conditions and requirements","content":"### sec.91 General conditions and requirements\n\nA home ownership lease is subject to all of the following conditions—\nthe annual rental under the lease is the amount, of not more than $1, decided by the lessor;\nthe consideration payable for the lease must include, as a lump sum payment, an amount equal to the value of the lease land as decided by the lessor using at least 1 of the following—\na valuation methodology decided by the chief executive;\nthe benchmark purchase price, as prescribed by regulation, for land in the part of the State in which the lease land is situated;\nthe lease land must be used primarily for residential use;\nif a dwelling for residential use is not situated on the lease land when the lease is granted—the lessee must ensure a dwelling for residential use is built on the land within 8 years after the lease is granted.\nA lessor may grant a home ownership lease only if the amount equal to the value of the lease land decided under subsection (1) (b) has been paid to the lessor.\nThe chief executive—\nmust, if asked, give a person a copy of the valuation methodology mentioned in subsection (1) (b) (i) ; and\nmay make the valuation methodology available for inspection on the department’s website.\nHowever, the value of the lease land under subsection (1) (b) must be taken to be nil if—\nthe lessee is the recipient of a hardship certificate under the new Land Holding Act ; and\nthe certificate has not previously been used under this section, whether or not the land identified in the certificate is the same as the lease land.\ns 91 ins 1993 No. 85 s 169G (amd 1994 No. 61 s 2 sch 2 )\nsub 2011 No. 26 s 165 ; 2014 No. 45 s 41\n(sec.91-ssec.1) A home ownership lease is subject to all of the following conditions— the annual rental under the lease is the amount, of not more than $1, decided by the lessor; the consideration payable for the lease must include, as a lump sum payment, an amount equal to the value of the lease land as decided by the lessor using at least 1 of the following— a valuation methodology decided by the chief executive; the benchmark purchase price, as prescribed by regulation, for land in the part of the State in which the lease land is situated; the lease land must be used primarily for residential use; if a dwelling for residential use is not situated on the lease land when the lease is granted—the lessee must ensure a dwelling for residential use is built on the land within 8 years after the lease is granted.\n(sec.91-ssec.2) A lessor may grant a home ownership lease only if the amount equal to the value of the lease land decided under subsection (1) (b) has been paid to the lessor.\n(sec.91-ssec.3) The chief executive— must, if asked, give a person a copy of the valuation methodology mentioned in subsection (1) (b) (i) ; and may make the valuation methodology available for inspection on the department’s website.\n(sec.91-ssec.4) However, the value of the lease land under subsection (1) (b) must be taken to be nil if— the lessee is the recipient of a hardship certificate under the new Land Holding Act ; and the certificate has not previously been used under this section, whether or not the land identified in the certificate is the same as the lease land.\n- (a) the annual rental under the lease is the amount, of not more than $1, decided by the lessor;\n- (b) the consideration payable for the lease must include, as a lump sum payment, an amount equal to the value of the lease land as decided by the lessor using at least 1 of the following— (i) a valuation methodology decided by the chief executive; (ii) the benchmark purchase price, as prescribed by regulation, for land in the part of the State in which the lease land is situated;\n- (i) a valuation methodology decided by the chief executive;\n- (ii) the benchmark purchase price, as prescribed by regulation, for land in the part of the State in which the lease land is situated;\n- (c) the lease land must be used primarily for residential use;\n- (d) if a dwelling for residential use is not situated on the lease land when the lease is granted—the lessee must ensure a dwelling for residential use is built on the land within 8 years after the lease is granted.\n- (i) a valuation methodology decided by the chief executive;\n- (ii) the benchmark purchase price, as prescribed by regulation, for land in the part of the State in which the lease land is situated;\n- (a) must, if asked, give a person a copy of the valuation methodology mentioned in subsection (1) (b) (i) ; and\n- (b) may make the valuation methodology available for inspection on the department’s website.\n- (a) the lessee is the recipient of a hardship certificate under the new Land Holding Act ; and\n- (b) the certificate has not previously been used under this section, whether or not the land identified in the certificate is the same as the lease land.","sortOrder":200},{"sectionNumber":"sec.92","sectionType":"section","heading":"Additional requirement if dwelling situated on land","content":"### sec.92 Additional requirement if dwelling situated on land\n\nThis section applies if—\na lessor proposes to grant a home ownership lease; and\na dwelling is situated on the lease land.\nThe lessor must give the housing chief executive notice of the lessor’s intention to grant the lease.\nWithin 28 days after receiving the notice, the housing chief executive must give the lessor a notice stating whether or not the dwelling is a social housing dwelling.\nThe lessor must not grant the lease before receiving the notice under subsection (3) .\nThis section and section 93 do not limit section 91 .\ns 92 sub 2011 No. 26 s 165 ; 2014 No. 45 s 41\n(sec.92-ssec.1) This section applies if— a lessor proposes to grant a home ownership lease; and a dwelling is situated on the lease land.\n(sec.92-ssec.2) The lessor must give the housing chief executive notice of the lessor’s intention to grant the lease.\n(sec.92-ssec.3) Within 28 days after receiving the notice, the housing chief executive must give the lessor a notice stating whether or not the dwelling is a social housing dwelling.\n(sec.92-ssec.4) The lessor must not grant the lease before receiving the notice under subsection (3) .\n(sec.92-ssec.5) This section and section 93 do not limit section 91 .\n- (a) a lessor proposes to grant a home ownership lease; and\n- (b) a dwelling is situated on the lease land.","sortOrder":201},{"sectionNumber":"sec.93","sectionType":"section","heading":"Additional conditions and requirements for social housing dwelling","content":"### sec.93 Additional conditions and requirements for social housing dwelling\n\nThis section applies if the notice under section 92 (3) states the dwelling is a social housing dwelling.\nBefore the lease is granted, the lessor must decide the price of the dwelling—\nby agreement with the housing chief executive; or\nby using a methodology agreed between the lessor and the housing chief executive.\nThe consideration payable for the lease must include, as a lump sum payment, an amount equal to the price of the dwelling decided under subsection (2) .\nThe lessor may grant the lease only if—\nthe housing chief executive has given written approval that the grant may include the sale of the dwelling; and\nthe amount equal to the price of the dwelling decided under subsection (2) has been paid to the lessor.\nIn considering whether to give the approval mentioned in subsection (4) (a) , the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be social housing.\nIf the lessor grants the lease, and within 28 days after the lease is registered, the lessor must give the housing chief executive—\na notice stating—\nthe day the lease was registered; and\nthe names of the parties to the lease; and\nevidence showing the consideration for the lease under subsection (3) and section 91 (1) (b) has been paid to the lessor.\nAn amount paid under subsection (3) for the price of a dwelling must be used by the lessor as required under section 192 .\ns 93 sub 2011 No. 26 s 165 ; 2014 No. 45 s 41\namd 2019 No. 7 s 310\n(sec.93-ssec.1) This section applies if the notice under section 92 (3) states the dwelling is a social housing dwelling.\n(sec.93-ssec.2) Before the lease is granted, the lessor must decide the price of the dwelling— by agreement with the housing chief executive; or by using a methodology agreed between the lessor and the housing chief executive.\n(sec.93-ssec.3) The consideration payable for the lease must include, as a lump sum payment, an amount equal to the price of the dwelling decided under subsection (2) .\n(sec.93-ssec.4) The lessor may grant the lease only if— the housing chief executive has given written approval that the grant may include the sale of the dwelling; and the amount equal to the price of the dwelling decided under subsection (2) has been paid to the lessor.\n(sec.93-ssec.5) In considering whether to give the approval mentioned in subsection (4) (a) , the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be social housing.\n(sec.93-ssec.6) If the lessor grants the lease, and within 28 days after the lease is registered, the lessor must give the housing chief executive— a notice stating— the day the lease was registered; and the names of the parties to the lease; and evidence showing the consideration for the lease under subsection (3) and section 91 (1) (b) has been paid to the lessor. An amount paid under subsection (3) for the price of a dwelling must be used by the lessor as required under section 192 .\n- (a) by agreement with the housing chief executive; or\n- (b) by using a methodology agreed between the lessor and the housing chief executive.\n- (a) the housing chief executive has given written approval that the grant may include the sale of the dwelling; and\n- (b) the amount equal to the price of the dwelling decided under subsection (2) has been paid to the lessor.\n- (a) a notice stating— (i) the day the lease was registered; and (ii) the names of the parties to the lease; and\n- (i) the day the lease was registered; and\n- (ii) the names of the parties to the lease; and\n- (b) evidence showing the consideration for the lease under subsection (3) and section 91 (1) (b) has been paid to the lessor.\n- (i) the day the lease was registered; and\n- (ii) the names of the parties to the lease; and","sortOrder":202},{"sectionNumber":"sec.94","sectionType":"section","heading":"Grounds for forfeiture","content":"### sec.94 Grounds for forfeiture\n\nA home ownership lease may be forfeited only if—\nthe lessee breaches either of the following conditions and fails to remedy the breach within 6 months after receiving notice of the breach from the lessor—\na condition of the lease mentioned in section 91 (1) (d) ;\nanother condition if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease; or\nthe lessee acquired the lease by fraud.\ns 94 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41\n- (a) the lessee breaches either of the following conditions and fails to remedy the breach within 6 months after receiving notice of the breach from the lessor— (i) a condition of the lease mentioned in section 91 (1) (d) ; (ii) another condition if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease; or\n- (i) a condition of the lease mentioned in section 91 (1) (d) ;\n- (ii) another condition if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease; or\n- (b) the lessee acquired the lease by fraud.\n- (i) a condition of the lease mentioned in section 91 (1) (d) ;\n- (ii) another condition if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease; or","sortOrder":203},{"sectionNumber":"sec.95","sectionType":"section","heading":"Referral to Land Court for forfeiture","content":"### sec.95 Referral to Land Court for forfeiture\n\nBefore a home ownership lease is forfeited, the lessor must refer the proposed forfeiture to the Land Court to decide whether the lease may be forfeited.\nAt least 28 days before the lessor refers the proposed forfeiture to the Land Court, the lessor must give notice of the proposed referral to the lessee and any mortgagee of the lease.\nThe notice must state the grounds on which the lessor considers the lease may be forfeited.\nIf the lessor refers the proposed forfeiture to the Land Court, the lessor must file a copy of the notice in the court.\nIn deciding whether the lease may be forfeited, the Land Court must have regard to—\nthe grounds stated in the notice under subsection (3) ; and\nif the proposed forfeiture is because of a breach of a condition of the lease—whether the court considers the breach is of a serious nature and warrants forfeiture of the lease.\nA decision by the Land Court that the lease may be forfeited may be subject to conditions.\ns 95 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41\n(sec.95-ssec.1) Before a home ownership lease is forfeited, the lessor must refer the proposed forfeiture to the Land Court to decide whether the lease may be forfeited.\n(sec.95-ssec.2) At least 28 days before the lessor refers the proposed forfeiture to the Land Court, the lessor must give notice of the proposed referral to the lessee and any mortgagee of the lease.\n(sec.95-ssec.3) The notice must state the grounds on which the lessor considers the lease may be forfeited.\n(sec.95-ssec.4) If the lessor refers the proposed forfeiture to the Land Court, the lessor must file a copy of the notice in the court.\n(sec.95-ssec.5) In deciding whether the lease may be forfeited, the Land Court must have regard to— the grounds stated in the notice under subsection (3) ; and if the proposed forfeiture is because of a breach of a condition of the lease—whether the court considers the breach is of a serious nature and warrants forfeiture of the lease.\n(sec.95-ssec.6) A decision by the Land Court that the lease may be forfeited may be subject to conditions.\n- (a) the grounds stated in the notice under subsection (3) ; and\n- (b) if the proposed forfeiture is because of a breach of a condition of the lease—whether the court considers the breach is of a serious nature and warrants forfeiture of the lease.","sortOrder":204},{"sectionNumber":"sec.96","sectionType":"section","heading":"Lessor’s options if Land Court decides lease may be forfeited","content":"### sec.96 Lessor’s options if Land Court decides lease may be forfeited\n\nIf the Land Court decides a home ownership lease may be forfeited, the lessor may—\nif the proposed forfeiture is subject to conditions decided by the court—forfeit the lease under this subdivision if the conditions of forfeiture are satisfied; or\notherwise—forfeit the lease under this subdivision.\nIf the proposed forfeiture is because of a breach of a lease condition, the lessor may decide not to forfeit the lease and instead allow the lease to continue subject to the lease being amended to include conditions agreed between the lessor and the lessee.\ns 96 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41\n(sec.96-ssec.1) If the Land Court decides a home ownership lease may be forfeited, the lessor may— if the proposed forfeiture is subject to conditions decided by the court—forfeit the lease under this subdivision if the conditions of forfeiture are satisfied; or otherwise—forfeit the lease under this subdivision.\n(sec.96-ssec.2) If the proposed forfeiture is because of a breach of a lease condition, the lessor may decide not to forfeit the lease and instead allow the lease to continue subject to the lease being amended to include conditions agreed between the lessor and the lessee.\n- (a) if the proposed forfeiture is subject to conditions decided by the court—forfeit the lease under this subdivision if the conditions of forfeiture are satisfied; or\n- (b) otherwise—forfeit the lease under this subdivision.","sortOrder":205},{"sectionNumber":"sec.97","sectionType":"section","heading":"Notice and effect of forfeiture","content":"### sec.97 Notice and effect of forfeiture\n\nIf the lessor forfeits a home ownership lease, the lessor must, within 60 days after the Land Court makes its decision about forfeiture of the lease, give notice that the lease is forfeited to—\nthe lessee and any mortgagee of the lease; and\nthe registrar.\nOn receiving the notice, the registrar must record the forfeiture of the lease in the appropriate register.\nThe forfeiture of the lease takes effect on the day the registrar acts under subsection (2) .\nOn forfeiture of the lease—\nthe lease ends; and\nthe lessee is divested of any interest in the lease; and\nany person occupying the lease land must immediately vacate the land.\ns 97 sub 2011 No. 26 s 165\namd 2013 No. 2 s 156\nsub 2014 No. 45 s 41\namd 2021 No. 12 s 148 sch 3\n(sec.97-ssec.1) If the lessor forfeits a home ownership lease, the lessor must, within 60 days after the Land Court makes its decision about forfeiture of the lease, give notice that the lease is forfeited to— the lessee and any mortgagee of the lease; and the registrar.\n(sec.97-ssec.2) On receiving the notice, the registrar must record the forfeiture of the lease in the appropriate register.\n(sec.97-ssec.3) The forfeiture of the lease takes effect on the day the registrar acts under subsection (2) .\n(sec.97-ssec.4) On forfeiture of the lease— the lease ends; and the lessee is divested of any interest in the lease; and any person occupying the lease land must immediately vacate the land.\n- (a) the lessee and any mortgagee of the lease; and\n- (b) the registrar.\n- (a) the lease ends; and\n- (b) the lessee is divested of any interest in the lease; and\n- (c) any person occupying the lease land must immediately vacate the land.","sortOrder":206},{"sectionNumber":"sec.98","sectionType":"section","heading":"Extension of term of lease if proposed forfeiture","content":"### sec.98 Extension of term of lease if proposed forfeiture\n\nThis section applies to a home ownership lease if—\na proposed forfeiture of the lease has been referred to the Land Court; and\nafter the referral but before the Land Court decides on the matter, the term of the lease would, but for subsection (2) , end.\nThe term of the lease is taken to continue until—\nif the lease is forfeited—the forfeiture of the lease takes effect as mentioned in section 97 (3) ; or\notherwise—the end of 60 days after the Land Court makes its decision.\nSubsection (2) applies to the lease despite the provisions of the lease and any other provision of this Act.\ns 98 amd 1993 No. 85 s 170\nsub 2011 No. 26 s 165 ; 2014 No. 45 s 41\n(sec.98-ssec.1) This section applies to a home ownership lease if— a proposed forfeiture of the lease has been referred to the Land Court; and after the referral but before the Land Court decides on the matter, the term of the lease would, but for subsection (2) , end.\n(sec.98-ssec.2) The term of the lease is taken to continue until— if the lease is forfeited—the forfeiture of the lease takes effect as mentioned in section 97 (3) ; or otherwise—the end of 60 days after the Land Court makes its decision.\n(sec.98-ssec.3) Subsection (2) applies to the lease despite the provisions of the lease and any other provision of this Act.\n- (a) a proposed forfeiture of the lease has been referred to the Land Court; and\n- (b) after the referral but before the Land Court decides on the matter, the term of the lease would, but for subsection (2) , end.\n- (a) if the lease is forfeited—the forfeiture of the lease takes effect as mentioned in section 97 (3) ; or\n- (b) otherwise—the end of 60 days after the Land Court makes its decision.","sortOrder":207},{"sectionNumber":"sec.99","sectionType":"section","heading":"Application to renew lease","content":"### sec.99 Application to renew lease\n\nThe lessee under a home ownership lease may apply in writing to the lessor to renew the lease.\nThe application must—\nstate the name of the lessee; and\ninclude information to identify the lease.\ns 99 amd 1992 No. 36 s 1 sch 2\nsub 2011 No. 26 s 165 ; 2014 No. 45 s 41\n(sec.99-ssec.1) The lessee under a home ownership lease may apply in writing to the lessor to renew the lease.\n(sec.99-ssec.2) The application must— state the name of the lessee; and include information to identify the lease.\n- (a) state the name of the lessee; and\n- (b) include information to identify the lease.","sortOrder":208},{"sectionNumber":"sec.100","sectionType":"section","heading":"Notice of expiry of lease","content":"### sec.100 Notice of expiry of lease\n\nThis section applies if the lessee under a home ownership lease has not, under section 99 , applied for renewal of the lease at least 2 years before the term of the lease ends.\nAt least 1 year before the term of the lease ends, the lessor must give the lessee notice stating—\nthe day the term of the lease ends; and\nthat the lessee may apply under this subdivision for renewal of the lease; and\nhow the lessee may apply.\ns 100 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41\n(sec.100-ssec.1) This section applies if the lessee under a home ownership lease has not, under section 99 , applied for renewal of the lease at least 2 years before the term of the lease ends.\n(sec.100-ssec.2) At least 1 year before the term of the lease ends, the lessor must give the lessee notice stating— the day the term of the lease ends; and that the lessee may apply under this subdivision for renewal of the lease; and how the lessee may apply.\n- (a) the day the term of the lease ends; and\n- (b) that the lessee may apply under this subdivision for renewal of the lease; and\n- (c) how the lessee may apply.","sortOrder":209},{"sectionNumber":"sec.101","sectionType":"section","heading":"Lessor to consider and decide application","content":"### sec.101 Lessor to consider and decide application\n\nWithin 6 months after an application is made under section 99 , the lessor must consider the application and decide to renew or not to renew the home ownership lease.\ns 101 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41","sortOrder":210},{"sectionNumber":"sec.102","sectionType":"section","heading":"Decision to renew lease","content":"### sec.102 Decision to renew lease\n\nIf the lessor decides to renew the home ownership lease, the lessor must give the lessee—\nnotice of the decision; and\na copy of the renewed lease.\nThe renewed lease—\nhas effect immediately after the lease it replaces (the replaced lease ) ends; and\nis subject to all the conditions to which the replaced lease was subject immediately before it ended.\nNo amount is payable under section 91 (1) (b) for the renewed lease.\ns 102 amd 2008 No. 29 s 73 sch\nsub 2011 No. 26 s 165 ; 2014 No. 45 s 41\n(sec.102-ssec.1) If the lessor decides to renew the home ownership lease, the lessor must give the lessee— notice of the decision; and a copy of the renewed lease.\n(sec.102-ssec.2) The renewed lease— has effect immediately after the lease it replaces (the replaced lease ) ends; and is subject to all the conditions to which the replaced lease was subject immediately before it ended.\n(sec.102-ssec.3) No amount is payable under section 91 (1) (b) for the renewed lease.\n- (a) notice of the decision; and\n- (b) a copy of the renewed lease.\n- (a) has effect immediately after the lease it replaces (the replaced lease ) ends; and\n- (b) is subject to all the conditions to which the replaced lease was subject immediately before it ended.","sortOrder":211},{"sectionNumber":"sec.103","sectionType":"section","heading":"Lessor may decide not to renew lease","content":"### sec.103 Lessor may decide not to renew lease\n\nThe lessor may decide not to renew the home ownership lease only if the lessor is reasonably satisfied—\nthe lease land is not being used primarily for residential use; or\nthe lessee acquired the lease by fraud.\ns 103 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41\n- (a) the lease land is not being used primarily for residential use; or\n- (b) the lessee acquired the lease by fraud.","sortOrder":212},{"sectionNumber":"sec.104","sectionType":"section","heading":"Notice about decision not to renew lease","content":"### sec.104 Notice about decision not to renew lease\n\nIf the lessor decides not to renew the home ownership lease, the lessor must give the lessee an information notice for the decision.\ns 104 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41","sortOrder":213},{"sectionNumber":"sec.105","sectionType":"section","heading":"Extension of term of lease if application for renewal","content":"### sec.105 Extension of term of lease if application for renewal\n\nThis section applies to a home ownership lease if—\nthe lessee has applied to renew the lease under section 99 ; and\nbefore the lessor decides the application, the term of the lease would, but for subsection (2) , end.\nThe term of the lease is taken to continue until notice of the lessor’s decision is given to the lessee under this subdivision.\nSubsection (2) applies to the lease despite the provisions of the lease and any other provision of this Act.\ns 105 sub 2011 No. 26 s 165 ; 2014 No. 45 s 41\n(sec.105-ssec.1) This section applies to a home ownership lease if— the lessee has applied to renew the lease under section 99 ; and before the lessor decides the application, the term of the lease would, but for subsection (2) , end.\n(sec.105-ssec.2) The term of the lease is taken to continue until notice of the lessor’s decision is given to the lessee under this subdivision.\n(sec.105-ssec.3) Subsection (2) applies to the lease despite the provisions of the lease and any other provision of this Act.\n- (a) the lessee has applied to renew the lease under section 99 ; and\n- (b) before the lessor decides the application, the term of the lease would, but for subsection (2) , end.","sortOrder":214},{"sectionNumber":"sec.106","sectionType":"section","heading":"Right to remove improvements if lease forfeited or not renewed","content":"### sec.106 Right to remove improvements if lease forfeited or not renewed\n\nIf the lessor forfeits or decides not to renew a home ownership lease, the lessor must allow the lessee to remove the lessee’s improvements on the lease land within a reasonable period of at least 28 days decided by the lessor.\nIf the improvements are not removed within the period, they become the property of the lessor.\ns 106 sub 2011 No. 26 s 165 ; 2014 No. 45 s 41\n(sec.106-ssec.1) If the lessor forfeits or decides not to renew a home ownership lease, the lessor must allow the lessee to remove the lessee’s improvements on the lease land within a reasonable period of at least 28 days decided by the lessor.\n(sec.106-ssec.2) If the improvements are not removed within the period, they become the property of the lessor.","sortOrder":215},{"sectionNumber":"sec.107","sectionType":"section","heading":"Payment by lessor if lease forfeited or not renewed","content":"### sec.107 Payment by lessor if lease forfeited or not renewed\n\nIf the lessor forfeits or decides not to renew a home ownership lease, the lessor must pay to the person who was the lessee the amount decided by the lessor under subsection (2) (the required amount ).\nThe required amount is the amount equal to the combined value of the following (the maximum amount ) less any amounts deducted from the maximum amount under section 109 —\nthe value of the lease land on the day the lease is forfeited or ends;\nthe value of the lessee’s improvements on the land that become the property of the lessor.\nThe value of the lease land must be the amount decided by the lessor using the valuation methodology mentioned in section 91 (1) (b) (i) .\nThe value of any improvements on the lease land must be decided by the lessor based on the market value of the improvements in a sale of a lease of the same term and tenure as the forfeited or non-renewed lease.\nThe lessor must decide the required amount as soon as practicable after giving the person notice that the lease is forfeited or not renewed.\nOn deciding the required amount, the lessor must give the person an information notice for the decision.\nThis section is subject to section 108 .\ns 107 ins 2011 No. 26 s 165\namd 2013 No. 2 s 157\nsub 2014 No. 45 s 41\n(sec.107-ssec.1) If the lessor forfeits or decides not to renew a home ownership lease, the lessor must pay to the person who was the lessee the amount decided by the lessor under subsection (2) (the required amount ).\n(sec.107-ssec.2) The required amount is the amount equal to the combined value of the following (the maximum amount ) less any amounts deducted from the maximum amount under section 109 — the value of the lease land on the day the lease is forfeited or ends; the value of the lessee’s improvements on the land that become the property of the lessor.\n(sec.107-ssec.3) The value of the lease land must be the amount decided by the lessor using the valuation methodology mentioned in section 91 (1) (b) (i) .\n(sec.107-ssec.4) The value of any improvements on the lease land must be decided by the lessor based on the market value of the improvements in a sale of a lease of the same term and tenure as the forfeited or non-renewed lease.\n(sec.107-ssec.5) The lessor must decide the required amount as soon as practicable after giving the person notice that the lease is forfeited or not renewed.\n(sec.107-ssec.6) On deciding the required amount, the lessor must give the person an information notice for the decision.\n(sec.107-ssec.7) This section is subject to section 108 .\n- (a) the value of the lease land on the day the lease is forfeited or ends;\n- (b) the value of the lessee’s improvements on the land that become the property of the lessor.","sortOrder":216},{"sectionNumber":"sec.108","sectionType":"section","heading":"Unclaimed amount","content":"### sec.108 Unclaimed amount\n\nIf the lessor can not find the person entitled to receive the required amount, or the person does not collect the amount from the lessor within 9 years after the day the lease is forfeited or not renewed, the required amount is forfeited to the lessor.\ns 108 ins 2011 No. 26 s 165\namd 2013 No. 23 s 352 sch 1 pt 1\nsub 2014 No. 45 s 41","sortOrder":217},{"sectionNumber":"sec.109","sectionType":"section","heading":"Amount owing to lessor or mortgagee","content":"### sec.109 Amount owing to lessor or mortgagee\n\nIf the lessor forfeits or decides not to renew a home ownership lease, the lessor may deduct the following amounts from the maximum amount—\nan amount in payment of all costs properly incurred by the lessor in forfeiting or not renewing the lease;\nan amount in payment of expenses incurred by the lessor to rectify damage caused to the lease land by the person who was the lessee;\nany amount owing to the lessor by the person under the lease;\nany amount owing to a mortgagee of the lease by the person under a mortgage of the lease.\ns 109 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41\n- (a) an amount in payment of all costs properly incurred by the lessor in forfeiting or not renewing the lease;\n- (b) an amount in payment of expenses incurred by the lessor to rectify damage caused to the lease land by the person who was the lessee;\n- (c) any amount owing to the lessor by the person under the lease;\n- (d) any amount owing to a mortgagee of the lease by the person under a mortgage of the lease.","sortOrder":218},{"sectionNumber":"sec.110","sectionType":"section","heading":"Payment of amount to mortgagee in discharge of mortgage","content":"### sec.110 Payment of amount to mortgagee in discharge of mortgage\n\nThis section applies if—\nthe lessor forfeits or decides not to renew a home ownership lease; and\nunder a mortgage of the lease, an amount is owing to a mortgagee of the lease by the person who was the lessee.\nThe lessor must pay to the mortgagee—\nif the amount that may be deducted from the maximum amount under section 109 (d) is less than the difference between the maximum amount and the amounts deducted under section 109 (a) , (b) and (c) —the amount that may be deducted from the maximum amount under section 109 (d) ; or\notherwise—the amount equal to the difference between the maximum amount and the amounts deducted under section 109 (a) , (b) and (c) .\nThe lessor must pay the amount payable under subsection (2) to the mortgagee—\nif no appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the time for making an appeal ends; or\nif an appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the appeal is finally decided.\nIf the lessor pays an amount to the mortgagee in relation to a mortgage of the lease, the mortgagee must use the amount in discharge of the mortgage.\ns 110 amd 2002 No. 74 s 90 sch\nsub 2011 No. 26 s 165 ; 2014 No. 45 s 41\n(sec.110-ssec.1) This section applies if— the lessor forfeits or decides not to renew a home ownership lease; and under a mortgage of the lease, an amount is owing to a mortgagee of the lease by the person who was the lessee.\n(sec.110-ssec.2) The lessor must pay to the mortgagee— if the amount that may be deducted from the maximum amount under section 109 (d) is less than the difference between the maximum amount and the amounts deducted under section 109 (a) , (b) and (c) —the amount that may be deducted from the maximum amount under section 109 (d) ; or otherwise—the amount equal to the difference between the maximum amount and the amounts deducted under section 109 (a) , (b) and (c) .\n(sec.110-ssec.3) The lessor must pay the amount payable under subsection (2) to the mortgagee— if no appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the time for making an appeal ends; or if an appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the appeal is finally decided.\n(sec.110-ssec.4) If the lessor pays an amount to the mortgagee in relation to a mortgage of the lease, the mortgagee must use the amount in discharge of the mortgage.\n- (a) the lessor forfeits or decides not to renew a home ownership lease; and\n- (b) under a mortgage of the lease, an amount is owing to a mortgagee of the lease by the person who was the lessee.\n- (a) if the amount that may be deducted from the maximum amount under section 109 (d) is less than the difference between the maximum amount and the amounts deducted under section 109 (a) , (b) and (c) —the amount that may be deducted from the maximum amount under section 109 (d) ; or\n- (b) otherwise—the amount equal to the difference between the maximum amount and the amounts deducted under section 109 (a) , (b) and (c) .\n- (a) if no appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the time for making an appeal ends; or\n- (b) if an appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the appeal is finally decided.","sortOrder":219},{"sectionNumber":"sec.111","sectionType":"section","heading":"Exemption from fees and charges","content":"### sec.111 Exemption from fees and charges\n\nThis section applies to an instrument of lease for a home ownership lease.\nNo fee or charge is payable for—\nthe lodgement and registration of the instrument in the land registry; or\nthe provision by the registrar of other services for the lodgement and registration of the instrument.\ns 111 ins 2011 No. 26 s 165\namd 2013 No. 2 s 158\nsub 2014 No. 45 s 41\namd 2021 No. 12 s 148 sch 3\n(sec.111-ssec.1) This section applies to an instrument of lease for a home ownership lease.\n(sec.111-ssec.2) No fee or charge is payable for— the lodgement and registration of the instrument in the land registry; or the provision by the registrar of other services for the lodgement and registration of the instrument.\n- (a) the lodgement and registration of the instrument in the land registry; or\n- (b) the provision by the registrar of other services for the lodgement and registration of the instrument.","sortOrder":220},{"sectionNumber":"sec.112","sectionType":"section","heading":"Beneficiary to home ownership lease","content":"### sec.112 Beneficiary to home ownership lease\n\nA person who is beneficially entitled under a will to a home ownership lease may ask the lessor—\nto give the person a notice stating whether or not the person is entitled to a grant of the lease under this Act; and\nif, under a condition of the lease, the lease can not be transferred without the lessor’s written consent—for the lessor’s written consent to the transfer of the lease.\nUnder section 87 , a home ownership lease may include a condition that it must not be transferred without the lessor’s prior written consent.\nThe lessor must comply with a request under subsection (1) as soon as practicable after receiving the request.\ns 112 sub 2011 No. 26 s 165\namd 2013 No. 2 s 159\nsub 2014 No. 45 s 41\n(sec.112-ssec.1) A person who is beneficially entitled under a will to a home ownership lease may ask the lessor— to give the person a notice stating whether or not the person is entitled to a grant of the lease under this Act; and if, under a condition of the lease, the lease can not be transferred without the lessor’s written consent—for the lessor’s written consent to the transfer of the lease. Under section 87 , a home ownership lease may include a condition that it must not be transferred without the lessor’s prior written consent.\n(sec.112-ssec.2) The lessor must comply with a request under subsection (1) as soon as practicable after receiving the request.\n- (a) to give the person a notice stating whether or not the person is entitled to a grant of the lease under this Act; and\n- (b) if, under a condition of the lease, the lease can not be transferred without the lessor’s written consent—for the lessor’s written consent to the transfer of the lease.","sortOrder":221},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Townsite leases","content":"## Townsite leases","sortOrder":222},{"sectionNumber":"sec.113","sectionType":"section","heading":"Minister’s consent for grant of townsite lease","content":"### sec.113 Minister’s consent for grant of townsite lease\n\nA townsite lease may be granted only with the Minister’s prior written consent.\nThe Minister may consent to the grant of a townsite lease only if—\nthe lease is over an entire lot as shown in the appropriate register; and\nthe Minister is reasonably satisfied that any existing interests in the proposed lease land are not inconsistent with the lease.\ns 113 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41\n(sec.113-ssec.1) A townsite lease may be granted only with the Minister’s prior written consent.\n(sec.113-ssec.2) The Minister may consent to the grant of a townsite lease only if— the lease is over an entire lot as shown in the appropriate register; and the Minister is reasonably satisfied that any existing interests in the proposed lease land are not inconsistent with the lease.\n- (a) the lease is over an entire lot as shown in the appropriate register; and\n- (b) the Minister is reasonably satisfied that any existing interests in the proposed lease land are not inconsistent with the lease.","sortOrder":223},{"sectionNumber":"sec.114","sectionType":"section","heading":"General requirements for Minister’s consent","content":"### sec.114 General requirements for Minister’s consent\n\nA person seeking the Minister’s prior written consent to the grant of a townsite lease must give the Minister the information or documents reasonably required by the Minister to show—\nthe purpose of the lease; and\nthe grant of the lease is for the benefit of persons for whom the trustee holds the lease land; and\nthe grant of the lease—\nwill facilitate the continued operation of a township on the lease land; and\nwill not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\nIn considering whether to give the consent, the Minister—\nmust have regard to the information or documents given to the Minister under subsection (1) ; and\nmay have regard to other information the Minister reasonably considers relevant to the proposed lease.\nAlso, before giving the consent, the Minister must be reasonably satisfied—\nthe Torres Strait Islanders particularly concerned with the lease land are generally in agreement with the grant of the lease; and\nthe grant of the lease—\nwill facilitate the continued operation of a township on the lease land; and\nwill not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\ns 114 sub 2011 No. 26 s 165\namd 2013 No. 23 s 352 sch 1 pt 1\nsub 2014 No. 45 s 41\n(sec.114-ssec.1) A person seeking the Minister’s prior written consent to the grant of a townsite lease must give the Minister the information or documents reasonably required by the Minister to show— the purpose of the lease; and the grant of the lease is for the benefit of persons for whom the trustee holds the lease land; and the grant of the lease— will facilitate the continued operation of a township on the lease land; and will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n(sec.114-ssec.2) In considering whether to give the consent, the Minister— must have regard to the information or documents given to the Minister under subsection (1) ; and may have regard to other information the Minister reasonably considers relevant to the proposed lease.\n(sec.114-ssec.3) Also, before giving the consent, the Minister must be reasonably satisfied— the Torres Strait Islanders particularly concerned with the lease land are generally in agreement with the grant of the lease; and the grant of the lease— will facilitate the continued operation of a township on the lease land; and will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n- (a) the purpose of the lease; and\n- (b) the grant of the lease is for the benefit of persons for whom the trustee holds the lease land; and\n- (c) the grant of the lease— (i) will facilitate the continued operation of a township on the lease land; and (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n- (i) will facilitate the continued operation of a township on the lease land; and\n- (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n- (i) will facilitate the continued operation of a township on the lease land; and\n- (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n- (a) must have regard to the information or documents given to the Minister under subsection (1) ; and\n- (b) may have regard to other information the Minister reasonably considers relevant to the proposed lease.\n- (a) the Torres Strait Islanders particularly concerned with the lease land are generally in agreement with the grant of the lease; and\n- (b) the grant of the lease— (i) will facilitate the continued operation of a township on the lease land; and (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n- (i) will facilitate the continued operation of a township on the lease land; and\n- (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.\n- (i) will facilitate the continued operation of a township on the lease land; and\n- (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.","sortOrder":224},{"sectionNumber":"sec.115","sectionType":"section","heading":"Transfer or amendment of townsite lease","content":"### sec.115 Transfer or amendment of townsite lease\n\nA townsite lease must not be transferred or amended without—\nthe agreement of both the trustee and the lessee of the lease land; and\nthe Minister’s prior written consent.\nA person seeking the Minister’s prior written consent to the transfer or amendment of a townsite lease must give the Minister the information or documents relevant to the proposed transfer or amendment reasonably required by the Minister.\nIn considering whether to consent to the transfer of a townsite lease, the Minister must consider whether the proposed transferee is capable of complying with the conditions of the lease.\nThe Minister may consent to the amendment of a townsite lease only if reasonably satisfied—\nthe amendment does not significantly change the conditions of the townsite lease; and\nthe amendment will not diminish the purpose of the lease.\nA townsite lease must not be transferred to a person who, under this Act, would not be entitled to a grant of the lease.\ns 115 ins 2011 No. 26 s 165\namd 2013 No. 23 s 352 sch 1 pt 1\nsub 2014 No. 45 s 41\n(sec.115-ssec.1) A townsite lease must not be transferred or amended without— the agreement of both the trustee and the lessee of the lease land; and the Minister’s prior written consent.\n(sec.115-ssec.2) A person seeking the Minister’s prior written consent to the transfer or amendment of a townsite lease must give the Minister the information or documents relevant to the proposed transfer or amendment reasonably required by the Minister.\n(sec.115-ssec.3) In considering whether to consent to the transfer of a townsite lease, the Minister must consider whether the proposed transferee is capable of complying with the conditions of the lease.\n(sec.115-ssec.4) The Minister may consent to the amendment of a townsite lease only if reasonably satisfied— the amendment does not significantly change the conditions of the townsite lease; and the amendment will not diminish the purpose of the lease.\n(sec.115-ssec.5) A townsite lease must not be transferred to a person who, under this Act, would not be entitled to a grant of the lease.\n- (a) the agreement of both the trustee and the lessee of the lease land; and\n- (b) the Minister’s prior written consent.\n- (a) the amendment does not significantly change the conditions of the townsite lease; and\n- (b) the amendment will not diminish the purpose of the lease.","sortOrder":225},{"sectionNumber":"sec.116","sectionType":"section","heading":"Surrender of townsite lease","content":"### sec.116 Surrender of townsite lease\n\nA townsite lease must not be surrendered without the Minister’s prior written consent.\ns 116 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41","sortOrder":226},{"sectionNumber":"sec.117","sectionType":"section","heading":"No forfeiture of townsite lease","content":"### sec.117 No forfeiture of townsite lease\n\nA townsite lease can not be forfeited.\ns 117 ins 2011 No. 26 s 165\namd 2013 No. 23 s 352 sch 1 pt 1\nsub 2014 No. 45 s 41","sortOrder":227},{"sectionNumber":"sec.118","sectionType":"section","heading":"Lessee of townsite lease taken to be lessor of existing leases","content":"### sec.118 Lessee of townsite lease taken to be lessor of existing leases\n\nSubsection (2) applies if a townsite lease is granted over Torres Strait Islander land that is, immediately before the grant of the townsite lease, the subject of a following lease (each a continued lease )—\na 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ;\na lease under the Land Act ;\na trustee (Torres Strait Islander) lease.\nOn the grant of the townsite lease—\nthe continued lease continues in force and is taken to be—\nif the continued lease is primarily for residential use—a home ownership lease for the same term for which the continued lease was granted; or\notherwise—a lease granted under section 86 (1) ; and\nthe lessee of the townsite lease is substituted for the lessor as a party to the continued lease.\nUnder section 41 (2) , the trustee of the Torres Strait Islander land is the lessor of the continued lease.\nSection 41 (3) applies to the continued lease as if the reference in that subsection to the trustee of the land were a reference to the lessee of the townsite lease.\ns 118 ins 2011 No. 26 s 165\nsub 2014 No. 45 s 41\n(sec.118-ssec.1) Subsection (2) applies if a townsite lease is granted over Torres Strait Islander land that is, immediately before the grant of the townsite lease, the subject of a following lease (each a continued lease )— a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ; a lease under the Land Act ; a trustee (Torres Strait Islander) lease.\n(sec.118-ssec.2) On the grant of the townsite lease— the continued lease continues in force and is taken to be— if the continued lease is primarily for residential use—a home ownership lease for the same term for which the continued lease was granted; or otherwise—a lease granted under section 86 (1) ; and the lessee of the townsite lease is substituted for the lessor as a party to the continued lease. Under section 41 (2) , the trustee of the Torres Strait Islander land is the lessor of the continued lease.\n(sec.118-ssec.3) Section 41 (3) applies to the continued lease as if the reference in that subsection to the trustee of the land were a reference to the lessee of the townsite lease.\n- (a) a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act ;\n- (b) a lease under the Land Act ;\n- (c) a trustee (Torres Strait Islander) lease.\n- (a) the continued lease continues in force and is taken to be— (i) if the continued lease is primarily for residential use—a home ownership lease for the same term for which the continued lease was granted; or (ii) otherwise—a lease granted under section 86 (1) ; and\n- (i) if the continued lease is primarily for residential use—a home ownership lease for the same term for which the continued lease was granted; or\n- (ii) otherwise—a lease granted under section 86 (1) ; and\n- (b) the lessee of the townsite lease is substituted for the lessor as a party to the continued lease.\n- (i) if the continued lease is primarily for residential use—a home ownership lease for the same term for which the continued lease was granted; or\n- (ii) otherwise—a lease granted under section 86 (1) ; and","sortOrder":228},{"sectionNumber":"pt.8-div.6","sectionType":"division","heading":null,"content":"","sortOrder":229},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 sub 2011 No. 26 s 165\namd 2013 No. 23 s 352 sch 1 pt 1\nom 2014 No. 45 s 41","sortOrder":230},{"sectionNumber":"sec.120","sectionType":"section","heading":null,"content":"### Section sec.120\n\ns 120 orig s 120 om 2011 No. 26 s 175\nprev s 120 ins 2011 No. 26 s 165\nom 2014 No. 45 s 41","sortOrder":231},{"sectionNumber":"sec.121","sectionType":"section","heading":null,"content":"### Section sec.121\n\ns 121 orig s 121 om 2011 No. 26 s 175\nprev s 121 ins 2011 No. 26 s 165\nom 2014 No. 45 s 41","sortOrder":232},{"sectionNumber":"sec.122","sectionType":"section","heading":null,"content":"### Section sec.122\n\ns 122 orig s 122 om 2011 No. 26 s 175\nprev s 122 ins 2011 No. 26 s 165\namd 2013 No. 23 s 352 sch 1 pt 1\nom 2014 No. 45 s 41","sortOrder":233},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 orig s 123 om 2011 No. 26 s 175\nprev s 123 ins 2011 No. 26 s 165\nom 2014 No. 45 s 41","sortOrder":234},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns 124 orig s 124 sub 1996 No. 37 s 124 sch 2\namd 2009 No. 25 s 83 sch\nom 2011 No. 26 s 175\nprev s 124 ins 2011 No. 26 s 165\namd 2013 No. 23 s 352 sch 1 pt 1\nom 2014 No. 45 s 41","sortOrder":235},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns 125 orig s 125 om 2011 No. 26 s 175\nprev s 125 ins 2011 No. 26 s 165\nom 2014 No. 45 s 41","sortOrder":236},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 orig s 126 amd 2003 No. 8 s 17 sch ; 2010 No. 42 s 206\nom 2011 No. 26 s 175\nprev s 126 ins 2011 No. 26 s 165\nsub 2010 No. 31 s 577 (amdt could not be given effect)\nom 2014 No. 45 s 41","sortOrder":237},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 orig s 127 om 2011 No. 26 s 175\nprev s 127 ins 2011 No. 26 s 165\namd 2013 No. 23 s 352 sch 1 pt 1\nom 2014 No. 45 s 41","sortOrder":238},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 ins 2011 No. 26 s 165\nom 2014 No. 45 s 41","sortOrder":239},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 ins 2011 No. 26 s 165\nom 2014 No. 45 s 41","sortOrder":240},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns 130 ins 2011 No. 26 s 165\nom 2014 No. 45 s 41","sortOrder":241},{"sectionNumber":"pt.8-div.7","sectionType":"division","heading":null,"content":"","sortOrder":242},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns 131 amd 1991 No. 76 s 50 ; 1993 No. 85 s 170A (amd 1994 No. 61 s 2 sch 2 )\nsub 2011 No. 26 s 165\nom 2014 No. 45 s 41","sortOrder":243},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 prev s 132 om 2011 No. 26 s 180\npres s 132 ins 2011 No. 26 s 165\nom 2014 No. 45 s 41","sortOrder":244},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns 133 ins 2011 No. 26 s 165\namd 2013 No. 23 s 352 sch 1 pt 1\nom 2014 No. 45 s 41","sortOrder":245},{"sectionNumber":"pt.9","sectionType":"part","heading":"Decision-making process","content":"# Decision-making process","sortOrder":246},{"sectionNumber":"sec.134","sectionType":"section","heading":"When agreement of Torres Strait Islanders is given","content":"### sec.134 When agreement of Torres Strait Islanders is given\n\nIf this Act provides that Torres Strait Islanders be generally in agreement with a grant, consent or agreement about Torres Strait Islander land, the agreement of the Torres Strait Islanders is taken to have been given when—\nif there is a particular process of decision-making that, under the Island custom of the Torres Strait Islanders, must be complied with for decisions of that kind—the decision was made under the process; or\notherwise—the decision was made under the process of decision-making agreed to and adopted by the Torres Strait Islanders for the decision or for decisions of that kind.\ns 134 sub 2011 No. 26 s 165\n- (a) if there is a particular process of decision-making that, under the Island custom of the Torres Strait Islanders, must be complied with for decisions of that kind—the decision was made under the process; or\n- (b) otherwise—the decision was made under the process of decision-making agreed to and adopted by the Torres Strait Islanders for the decision or for decisions of that kind.","sortOrder":247},{"sectionNumber":"sec.135","sectionType":"section","heading":"Decision-making by trustee","content":"### sec.135 Decision-making by trustee\n\nThis section applies if this Act provides that the trustee of Torres Strait Islander land is required to make a decision about the land, including, for example, a decision about any of the following—\nthe way in which the trustee will consult about the making of a freehold instrument for the land;\nwhether to grant an interest in the land;\nwhether to consent to the creation of a mining interest in the land;\nwhether to enter into an agreement about the land.\nThe trustee must—\nhave regard to—\nif the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or\nif subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or\nif there is no decision-making process mentioned in paragraph (a) (i) or relevant Island custom—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind.\ns 135 sub 1992 No. 20 s 159 sch 2\namd 1993 No. 85 s 170B (amd 1994 No. 61 s 2 sch 2 ); 1995 No. 57 s 4 sch 1\nsub 2011 No. 26 s 165\namd 2014 No. 45 s 42\n(sec.135-ssec.1) This section applies if this Act provides that the trustee of Torres Strait Islander land is required to make a decision about the land, including, for example, a decision about any of the following— the way in which the trustee will consult about the making of a freehold instrument for the land; whether to grant an interest in the land; whether to consent to the creation of a mining interest in the land; whether to enter into an agreement about the land.\n(sec.135-ssec.2) The trustee must— have regard to— if the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or if subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or if there is no decision-making process mentioned in paragraph (a) (i) or relevant Island custom—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind.\n- (a) the way in which the trustee will consult about the making of a freehold instrument for the land;\n- (b) whether to grant an interest in the land;\n- (c) whether to consent to the creation of a mining interest in the land;\n- (d) whether to enter into an agreement about the land.\n- (a) have regard to— (i) if the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or (ii) if subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or\n- (i) if the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or\n- (ii) if subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or\n- (b) if there is no decision-making process mentioned in paragraph (a) (i) or relevant Island custom—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind.\n- (i) if the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or\n- (ii) if subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or","sortOrder":248},{"sectionNumber":"pt.10","sectionType":"part","heading":"Provisions about mortgages of leases over Torres Strait Islander land","content":"# Provisions about mortgages of leases over Torres Strait Islander land","sortOrder":249},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":250},{"sectionNumber":"sec.136","sectionType":"section","heading":"Definitions for pt 10","content":"### sec.136 Definitions for pt 10\n\nIn this part—\nlease means a part 8 lease, other than a townsite lease.\ns 136 def lease sub 2014 No. 45 s 43\nlessor means—\nfor a lease granted under a townsite lease—the lessee of the townsite lease; or\nfor another lease—the trustee of the lease land.\ns 136 def lessor sub 2014 No. 45 s 43\ns 136 ins 2011 No. 26 s 166\n- (a) for a lease granted under a townsite lease—the lessee of the townsite lease; or\n- (b) for another lease—the trustee of the lease land.","sortOrder":251},{"sectionNumber":"sec.137","sectionType":"section","heading":"Application of pt 10","content":"### sec.137 Application of pt 10\n\nIf, in relation to the mortgaging of a lease over Torres Strait Islander land, there is an inconsistency between a provision of this part and the Land Title Act , part 6 , division 3 , or the Property Law Act 2023 , the provision of this part prevails to the extent of the inconsistency.\ns 137 ins 2008 No. 29 s 87\nsub 2011 No. 26 s 166\namd 2023 No. 27 s 289 sch 3","sortOrder":252},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Mortgages of leases over Torres Strait Islander land","content":"## Mortgages of leases over Torres Strait Islander land","sortOrder":253},{"sectionNumber":"sec.138","sectionType":"section","heading":"Provisions about entering into possession, and selling, lease","content":"### sec.138 Provisions about entering into possession, and selling, lease\n\nThis section applies if a mortgagee enters into possession of a lease granted over Torres Strait Islander land.\nThe mortgagee must give the lessor for the lease notice of the fact within 28 days after entering into possession.\nThe mortgagee must arrange to sell the lease within—\n4 years after entering into possession of the lease; or\nthe longer period agreed in writing between the mortgagee and lessor.\nFor subsection (3) (b) —\nthe period mentioned in subsection (3) (a) may be extended or further extended for not more than 2 years at a time; and\nan extension or further extension of the period must be agreed in writing before the period or further extended period would otherwise have ended.\nIn considering whether to agree to an extension or further extension, the lessor must have regard to the measures the mortgagee has already taken to sell the lease.\nIf the mortgagee does not sell the lease within the period mentioned in subsection (3) (a) , the lessor may sell the lease.\nThe mortgagee or lessor may sell the lease only to a person who, under this Act, would be entitled to a grant of the lease.\nThe lessor must not sell the lease for less than—\nthe amount owing to the mortgagee by the lessee under the mortgage on the day the lease is sold; or\nif the lessor and the mortgagee agree the lease may be sold for an amount less than the amount mentioned in paragraph (a) —the agreed amount.\nIn this section—\nlessee means—\nfor a lease granted under a townsite lease—the lessee under the lease; or\nfor another lease—the lessee under the lease.\ns 138 ins 2008 No. 29 s 87\nsub 2011 No. 26 s 166\namd 2013 No. 23 s 352 sch 1 pt 1 ; 2014 No. 45 s 44\n(sec.138-ssec.1) This section applies if a mortgagee enters into possession of a lease granted over Torres Strait Islander land.\n(sec.138-ssec.2) The mortgagee must give the lessor for the lease notice of the fact within 28 days after entering into possession.\n(sec.138-ssec.3) The mortgagee must arrange to sell the lease within— 4 years after entering into possession of the lease; or the longer period agreed in writing between the mortgagee and lessor.\n(sec.138-ssec.4) For subsection (3) (b) — the period mentioned in subsection (3) (a) may be extended or further extended for not more than 2 years at a time; and an extension or further extension of the period must be agreed in writing before the period or further extended period would otherwise have ended.\n(sec.138-ssec.5) In considering whether to agree to an extension or further extension, the lessor must have regard to the measures the mortgagee has already taken to sell the lease.\n(sec.138-ssec.6) If the mortgagee does not sell the lease within the period mentioned in subsection (3) (a) , the lessor may sell the lease.\n(sec.138-ssec.7) The mortgagee or lessor may sell the lease only to a person who, under this Act, would be entitled to a grant of the lease.\n(sec.138-ssec.8) The lessor must not sell the lease for less than— the amount owing to the mortgagee by the lessee under the mortgage on the day the lease is sold; or if the lessor and the mortgagee agree the lease may be sold for an amount less than the amount mentioned in paragraph (a) —the agreed amount.\n(sec.138-ssec.9) In this section— lessee means— for a lease granted under a townsite lease—the lessee under the lease; or for another lease—the lessee under the lease.\n- (a) 4 years after entering into possession of the lease; or\n- (b) the longer period agreed in writing between the mortgagee and lessor.\n- (a) the period mentioned in subsection (3) (a) may be extended or further extended for not more than 2 years at a time; and\n- (b) an extension or further extension of the period must be agreed in writing before the period or further extended period would otherwise have ended.\n- (a) the amount owing to the mortgagee by the lessee under the mortgage on the day the lease is sold; or\n- (b) if the lessor and the mortgagee agree the lease may be sold for an amount less than the amount mentioned in paragraph (a) —the agreed amount.\n- (a) for a lease granted under a townsite lease—the lessee under the lease; or\n- (b) for another lease—the lessee under the lease.","sortOrder":254},{"sectionNumber":"sec.139","sectionType":"section","heading":"How lessor deals with proceeds of sale","content":"### sec.139 How lessor deals with proceeds of sale\n\nThis section applies if, under section 138 , a lessor sells a mortgaged lease.\nThe lessor must apply the proceeds of the sale, under the Property Law Act 2023 , as if the lease were sold by the mortgagee and the amount of the sale were received by the mortgagee.\nHowever, in applying the proceeds of the sale, the lessor must firstly apply the proceeds to the payment of all costs, charges and expenses properly incurred by the lessor for the sale or any attempted sale.\ns 139 ins 2008 No. 29 s 87\nsub 2011 No. 26 s 166\namd 2023 No. 27 s 289 sch 3\n(sec.139-ssec.1) This section applies if, under section 138 , a lessor sells a mortgaged lease.\n(sec.139-ssec.2) The lessor must apply the proceeds of the sale, under the Property Law Act 2023 , as if the lease were sold by the mortgagee and the amount of the sale were received by the mortgagee.\n(sec.139-ssec.3) However, in applying the proceeds of the sale, the lessor must firstly apply the proceeds to the payment of all costs, charges and expenses properly incurred by the lessor for the sale or any attempted sale.","sortOrder":255},{"sectionNumber":"pt.11","sectionType":"part","heading":"Leasing of Torres Strait Islander trust land","content":"# Leasing of Torres Strait Islander trust land","sortOrder":256},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":257},{"sectionNumber":"sec.140","sectionType":"section","heading":"Definitions for pt 11","content":"### sec.140 Definitions for pt 11\n\nIn this part—\nTorres Strait Islander trust land means—\nland subject to a deed of grant in trust granted for the benefit of Torres Strait Islanders or for the purpose of a Torres Strait Islander reserve under the repealed Land Act 1962 ; or\nland reserved and set apart under the repealed Land Act 1962 for a Torres Strait Islander reserve or for the benefit of Torres Strait Islanders; or\nland contained in a deed of grant in trust for a community purpose that is Torres Strait Islander purposes under the Land Act ; or\nland contained in a reserve for a community purpose that is Torres Strait Islander purposes, or a purpose that is the provision of services beneficial to Torres Strait Islanders particularly concerned with the land, under the Land Act .\ns 140 def Torres Strait Islander trust land amd 2011 No. 26 s 167 (1) ; 2024 No. 12 s 131 s ch 1 pt 1\ntrustee ...\ns 140 def trustee om 2014 No. 45 s 58 sch 1 pt 1\ntrustee (Torres Strait Islander) lease means a lease of Torres Strait Islander trust land granted under—\npart 8 as applied under section 142 (2) ; or\nthe Land Act , section 57 before the commencement of this part.\ns 140 def trustee (Torres Strait Islander) lease amd 2011 No. 26 s 167 (2)\ns 140 ins 2008 No. 29 s 87\n- (a) land subject to a deed of grant in trust granted for the benefit of Torres Strait Islanders or for the purpose of a Torres Strait Islander reserve under the repealed Land Act 1962 ; or\n- (b) land reserved and set apart under the repealed Land Act 1962 for a Torres Strait Islander reserve or for the benefit of Torres Strait Islanders; or\n- (c) land contained in a deed of grant in trust for a community purpose that is Torres Strait Islander purposes under the Land Act ; or\n- (d) land contained in a reserve for a community purpose that is Torres Strait Islander purposes, or a purpose that is the provision of services beneficial to Torres Strait Islanders particularly concerned with the land, under the Land Act .\n- (a) part 8 as applied under section 142 (2) ; or\n- (b) the Land Act , section 57 before the commencement of this part.","sortOrder":258},{"sectionNumber":"sec.141","sectionType":"section","heading":"Relationship with Land Act","content":"### sec.141 Relationship with Land Act\n\nThe following provisions of the Land Act , chapter 3 , part 1 , division 7 do not apply to Torres Strait Islander trust land—\nsections 57 to 59 ;\nsection 61 , to the extent it relates to a lease or sublease of the land;\nsection 63 , to the extent it relates to a lease of the land;\nsection 64 ;\nsections 65 and 66 , to the extent they relate to a lease of the land.\nFor the purposes of the Land Act , other than the provisions mentioned in subsection (1) , a trustee (Torres Strait Islander) lease is taken to be a trustee lease under that Act.\ns 141 ins 2008 No. 29 s 87\n(sec.141-ssec.1) The following provisions of the Land Act , chapter 3 , part 1 , division 7 do not apply to Torres Strait Islander trust land— sections 57 to 59 ; section 61 , to the extent it relates to a lease or sublease of the land; section 63 , to the extent it relates to a lease of the land; section 64 ; sections 65 and 66 , to the extent they relate to a lease of the land.\n(sec.141-ssec.2) For the purposes of the Land Act , other than the provisions mentioned in subsection (1) , a trustee (Torres Strait Islander) lease is taken to be a trustee lease under that Act.\n- (a) sections 57 to 59 ;\n- (b) section 61 , to the extent it relates to a lease or sublease of the land;\n- (c) section 63 , to the extent it relates to a lease of the land;\n- (d) section 64 ;\n- (e) sections 65 and 66 , to the extent they relate to a lease of the land.","sortOrder":259},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Leases","content":"## Leases","sortOrder":260},{"sectionNumber":"sec.142","sectionType":"section","heading":"Trustee (Torres Strait Islander) leases","content":"### sec.142 Trustee (Torres Strait Islander) leases\n\nA trustee of Torres Strait Islander trust land may lease all or a part of the land under part 8 .\nFor subsection (1) , part 8 applies in relation to the leasing of Torres Strait Islander trust land—\nas if a reference in the part to Torres Strait Islander land were a reference to Torres Strait Islander trust land; and\nas if the reference in section 87 (1) (a) to a stated standard terms document under the Land Title Act were a reference to a stated mandatory standard terms document under the Land Act .\nAlso, for subsection (1) , sections 85 (2) and 86 (2) apply in relation to the leasing of Torres Strait Islander trust land that is prescribed DOGIT land as if a reference in those sections to a Torres Strait Islander includes a reference to an Aboriginal person.\nThe grant of a lease over Torres Strait Islander trust land in contravention of part 8 is void, unless the lease is registered.\nSubsection (4) applies despite any other Act.\ns 142 ins 2008 No. 29 s 87\namd 2011 No. 26 s 168 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2013 No. 2 s 160 ; 2014 No. 45 s 45\n(sec.142-ssec.1) A trustee of Torres Strait Islander trust land may lease all or a part of the land under part 8 .\n(sec.142-ssec.2) For subsection (1) , part 8 applies in relation to the leasing of Torres Strait Islander trust land— as if a reference in the part to Torres Strait Islander land were a reference to Torres Strait Islander trust land; and as if the reference in section 87 (1) (a) to a stated standard terms document under the Land Title Act were a reference to a stated mandatory standard terms document under the Land Act .\n(sec.142-ssec.3) Also, for subsection (1) , sections 85 (2) and 86 (2) apply in relation to the leasing of Torres Strait Islander trust land that is prescribed DOGIT land as if a reference in those sections to a Torres Strait Islander includes a reference to an Aboriginal person.\n(sec.142-ssec.4) The grant of a lease over Torres Strait Islander trust land in contravention of part 8 is void, unless the lease is registered.\n(sec.142-ssec.5) Subsection (4) applies despite any other Act.\n- (a) as if a reference in the part to Torres Strait Islander land were a reference to Torres Strait Islander trust land; and\n- (b) as if the reference in section 87 (1) (a) to a stated standard terms document under the Land Title Act were a reference to a stated mandatory standard terms document under the Land Act .","sortOrder":261},{"sectionNumber":"sec.143","sectionType":"section","heading":"Amending trustee (Torres Strait Islander) lease","content":"### sec.143 Amending trustee (Torres Strait Islander) lease\n\nA document of amendment of a registered trustee (Torres Strait Islander) lease must not—\nincrease or decrease the area leased; or\nadd or remove a party to the lease; or\nbe lodged after the lease’s term has ended.\nIn this section—\nterm , of a trustee (Torres Strait Islander) lease, includes a period of possession under the lease because of—\nthe renewal of the lease; or\na registered document of amendment extending the term of the lease.\ns 143 ins 2008 No. 29 s 87\namd 2011 No. 26 s 169\n(sec.143-ssec.1) A document of amendment of a registered trustee (Torres Strait Islander) lease must not— increase or decrease the area leased; or add or remove a party to the lease; or be lodged after the lease’s term has ended.\n(sec.143-ssec.2) In this section— term , of a trustee (Torres Strait Islander) lease, includes a period of possession under the lease because of— the renewal of the lease; or a registered document of amendment extending the term of the lease.\n- (a) increase or decrease the area leased; or\n- (b) add or remove a party to the lease; or\n- (c) be lodged after the lease’s term has ended.\n- (a) the renewal of the lease; or\n- (b) a registered document of amendment extending the term of the lease.","sortOrder":262},{"sectionNumber":"sec.144","sectionType":"section","heading":"Mortgage of trustee (Torres Strait Islander) lease","content":"### sec.144 Mortgage of trustee (Torres Strait Islander) lease\n\nSubject to subsection (2) , a lessee of Torres Strait Islander trust land may, under the Land Act , chapter 6 , part 4 , division 4 , mortgage a trustee (Torres Strait Islander) lease.\nFor mortgaging a trustee (Torres Strait Islander) lease—\nthe Land Act , chapter 6 , part 4 , division 4 , applies—\nas if the reference in section 345 (2) to the Minister were a reference to the trustee; and\nas if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and\nas if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and\nas if section 347 were omitted; and\nsection 138 applies as if the reference in section 138 (1) to Torres Strait Islander land were a reference to Torres Strait Islander trust land.\ns 144 ins 2008 No. 29 s 87\n(sec.144-ssec.1) Subject to subsection (2) , a lessee of Torres Strait Islander trust land may, under the Land Act , chapter 6 , part 4 , division 4 , mortgage a trustee (Torres Strait Islander) lease.\n(sec.144-ssec.2) For mortgaging a trustee (Torres Strait Islander) lease— the Land Act , chapter 6 , part 4 , division 4 , applies— as if the reference in section 345 (2) to the Minister were a reference to the trustee; and as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and as if section 347 were omitted; and section 138 applies as if the reference in section 138 (1) to Torres Strait Islander land were a reference to Torres Strait Islander trust land.\n- (a) the Land Act , chapter 6 , part 4 , division 4 , applies— (i) as if the reference in section 345 (2) to the Minister were a reference to the trustee; and (ii) as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and (iii) as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and (iv) as if section 347 were omitted; and\n- (i) as if the reference in section 345 (2) to the Minister were a reference to the trustee; and\n- (ii) as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and\n- (iii) as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and\n- (iv) as if section 347 were omitted; and\n- (b) section 138 applies as if the reference in section 138 (1) to Torres Strait Islander land were a reference to Torres Strait Islander trust land.\n- (i) as if the reference in section 345 (2) to the Minister were a reference to the trustee; and\n- (ii) as if section 346 (1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and\n- (iii) as if the reference in section 346 (3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and\n- (iv) as if section 347 were omitted; and","sortOrder":263},{"sectionNumber":"sec.145","sectionType":"section","heading":"Surrender of trustee (Torres Strait Islander) lease","content":"### sec.145 Surrender of trustee (Torres Strait Islander) lease\n\nAll or part of a trustee (Torres Strait Islander) lease or a sublease of a trustee (Torres Strait Islander) lease may be surrendered only if each registered mortgagee and registered sublessee of the interest being surrendered has given written agreement to the surrender.\ns 145 ins 2008 No. 29 s 87","sortOrder":264},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":null,"content":"","sortOrder":265},{"sectionNumber":"sec.146","sectionType":"section","heading":null,"content":"### Section sec.146\n\ns 146 ins 2008 No. 29 s 87\namd 2013 No. 23 s 352 sch 1 pt 1\nom 2014 No. 45 s 46","sortOrder":266},{"sectionNumber":"sec.147","sectionType":"section","heading":null,"content":"### Section sec.147\n\ns 147 ins 2008 No. 29 s 87\nom 2014 No. 45 s 46","sortOrder":267},{"sectionNumber":"pt.12","sectionType":"part","heading":"Occupation and use of Torres Strait Islander land by the State or Commonwealth","content":"# Occupation and use of Torres Strait Islander land by the State or Commonwealth","sortOrder":268},{"sectionNumber":"sec.148","sectionType":"section","heading":"Use of Torres Strait Islander land preserved","content":"### sec.148 Use of Torres Strait Islander land preserved\n\nIf, on the day land becomes Torres Strait Islander land, the land or any part of the land is being occupied or used by the State or the Commonwealth, the State or Commonwealth is entitled to continue to occupy or use it for such period as the land, or that part of the land, is required by the State or Commonwealth.\nWhile the State or Commonwealth is entitled to the occupation or use of land under subsection (1) , the improvements on the land are the property of the State or Commonwealth.\nIf the chief executive becomes aware the occupation or use of land under subsection (1) is no longer required by the State or Commonwealth, the chief executive must give the trustee of the land notice of that fact.\nDespite subsection (1) , if the State or Commonwealth intends to continue to occupy or use the land, the State or Commonwealth and the trustee of the land are to use their best endeavours to provide for the continued occupation and use of the land under an interest in, or in relation to, the land given by the trustee of the land.\nSubsection (1) ceases to apply to land if—\nit is subject to a home ownership lease; or\nthe State or Commonwealth has a right to occupy or use the land under an interest in, or in relation to, the land given by the trustee of the land; or\nthe trustee of the land receives a notice under subsection (3) for the land.\nSubsection (7) applies if the Torres Strait Islander land being occupied or used by the State or the Commonwealth is land that is the subject of a townsite lease.\nSubsections (3) to (5) apply as if a reference to the trustee of the land were a reference to the lessee of the townsite lease.\nFor subsection (1) but without otherwise limiting the subsection, land is being occupied or used by the State or Commonwealth if, immediately before becoming Torres Strait Islander land, it was a reserve under the Land Act and the State or Commonwealth was the trustee of the reserve.\ns 148 amd 2008 No. 29 s 88 ; 2011 No. 26 s 170 ; 2013 No. 2 s 154 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2014 No. 45 s 47\n(sec.148-ssec.1) If, on the day land becomes Torres Strait Islander land, the land or any part of the land is being occupied or used by the State or the Commonwealth, the State or Commonwealth is entitled to continue to occupy or use it for such period as the land, or that part of the land, is required by the State or Commonwealth.\n(sec.148-ssec.2) While the State or Commonwealth is entitled to the occupation or use of land under subsection (1) , the improvements on the land are the property of the State or Commonwealth.\n(sec.148-ssec.3) If the chief executive becomes aware the occupation or use of land under subsection (1) is no longer required by the State or Commonwealth, the chief executive must give the trustee of the land notice of that fact.\n(sec.148-ssec.4) Despite subsection (1) , if the State or Commonwealth intends to continue to occupy or use the land, the State or Commonwealth and the trustee of the land are to use their best endeavours to provide for the continued occupation and use of the land under an interest in, or in relation to, the land given by the trustee of the land.\n(sec.148-ssec.5) Subsection (1) ceases to apply to land if— it is subject to a home ownership lease; or the State or Commonwealth has a right to occupy or use the land under an interest in, or in relation to, the land given by the trustee of the land; or the trustee of the land receives a notice under subsection (3) for the land.\n(sec.148-ssec.6) Subsection (7) applies if the Torres Strait Islander land being occupied or used by the State or the Commonwealth is land that is the subject of a townsite lease.\n(sec.148-ssec.7) Subsections (3) to (5) apply as if a reference to the trustee of the land were a reference to the lessee of the townsite lease.\n(sec.148-ssec.8) For subsection (1) but without otherwise limiting the subsection, land is being occupied or used by the State or Commonwealth if, immediately before becoming Torres Strait Islander land, it was a reserve under the Land Act and the State or Commonwealth was the trustee of the reserve.\n- (a) it is subject to a home ownership lease; or\n- (b) the State or Commonwealth has a right to occupy or use the land under an interest in, or in relation to, the land given by the trustee of the land; or\n- (c) the trustee of the land receives a notice under subsection (3) for the land.","sortOrder":269},{"sectionNumber":"sec.149","sectionType":"section","heading":"No rent payable","content":"### sec.149 No rent payable\n\nThe State or Commonwealth is not liable to pay any amount in the nature of rent in relation to its occupation or use of land under section 148 (1) .\ns 149 amd 2011 No. 26 s 171","sortOrder":270},{"sectionNumber":"sec.150","sectionType":"section","heading":"Access to land","content":"### sec.150 Access to land\n\nWhile the State or Commonwealth is entitled to the occupation or use of land under section 148 , the officers, employees, agents and servants of the State or Commonwealth and their licensees and invitees are entitled, with or without vehicles, machinery, plant and equipment (of any description), to enter and cross Torres Strait Islander land for the purpose of gaining access to the land.\nA person mentioned in subsection (1) must only cross Torres Strait Islander land by—\nthe routes that were commonly used before the land became Torres Strait Islander land; or\nother routes agreed on from time to time by the State or Commonwealth and the trustee of the land.\nThe trustee of Torres Strait Islander land, other than a registered native title body corporate, must not agree on a route for subsection (2) (b) unless—\nthe trustee has explained to the Torres Strait Islanders particularly concerned with the land the purpose and effect of the proposed route; and\nthe Torres Strait Islanders are given adequate opportunity to express their views on, and are generally in agreement with, the proposed route.\nContravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (b) .\nIf the Torres Strait Islander land being occupied or used by the State or the Commonwealth under section 148 (1) is land that is the subject of a townsite lease or other registered interest ( relevant land )—\nsubsection (2) applies to the relevant land as if the reference to the trustee of the land were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and\nsubsection (3) does not apply.\nSubsection (5) does not affect the operation of subsections (2) and (3) in relation to Torres Strait Islander land that is not relevant land.\ns 150 amd 2008 No. 29 s 89 ; 2011 No. 26 s 172\n(sec.150-ssec.1) While the State or Commonwealth is entitled to the occupation or use of land under section 148 , the officers, employees, agents and servants of the State or Commonwealth and their licensees and invitees are entitled, with or without vehicles, machinery, plant and equipment (of any description), to enter and cross Torres Strait Islander land for the purpose of gaining access to the land.\n(sec.150-ssec.2) A person mentioned in subsection (1) must only cross Torres Strait Islander land by— the routes that were commonly used before the land became Torres Strait Islander land; or other routes agreed on from time to time by the State or Commonwealth and the trustee of the land.\n(sec.150-ssec.3) The trustee of Torres Strait Islander land, other than a registered native title body corporate, must not agree on a route for subsection (2) (b) unless— the trustee has explained to the Torres Strait Islanders particularly concerned with the land the purpose and effect of the proposed route; and the Torres Strait Islanders are given adequate opportunity to express their views on, and are generally in agreement with, the proposed route.\n(sec.150-ssec.4) Contravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (b) .\n(sec.150-ssec.5) If the Torres Strait Islander land being occupied or used by the State or the Commonwealth under section 148 (1) is land that is the subject of a townsite lease or other registered interest ( relevant land )— subsection (2) applies to the relevant land as if the reference to the trustee of the land were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and subsection (3) does not apply.\n(sec.150-ssec.6) Subsection (5) does not affect the operation of subsections (2) and (3) in relation to Torres Strait Islander land that is not relevant land.\n- (a) the routes that were commonly used before the land became Torres Strait Islander land; or\n- (b) other routes agreed on from time to time by the State or Commonwealth and the trustee of the land.\n- (a) the trustee has explained to the Torres Strait Islanders particularly concerned with the land the purpose and effect of the proposed route; and\n- (b) the Torres Strait Islanders are given adequate opportunity to express their views on, and are generally in agreement with, the proposed route.\n- (a) subsection (2) applies to the relevant land as if the reference to the trustee of the land were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and\n- (b) subsection (3) does not apply.","sortOrder":271},{"sectionNumber":"pt.13","sectionType":"part","heading":"Mining","content":"# Mining","sortOrder":272},{"sectionNumber":"sec.151","sectionType":"section","heading":"Application of Mineral Resources Act 1989","content":"### sec.151 Application of Mineral Resources Act 1989\n\nTo allay any doubt, it is declared that the Mineral Resources Act 1989 applies to transferable land as if it were a reserve within the meaning of that Act.\nSubject to subsection (3) , the Mineral Resources Act 1989 applies to Torres Strait Islander land that is or was transferred land as if it were a reserve, and the trustee of the land were the owner of the land, within the meaning of that Act.\nSubsection (2) does not apply in relation to the Mineral Resources Act 1989 , sections 316 and 317 .\nThe holder of a mining lease must, before making application for a mining lease under the Mineral Resources Act 1989 , section 316 or a variation of a mining lease under section 317 of that Act, consult and endeavour to reach agreement with the Torres Strait Islanders particularly concerned with the land in relation to which the application is to be made about the route of the proposed access over the land.\nSubsection (4) applies in relation to Torres Strait Islander land held by a registered native title body corporate as if the reference in the subsection to Torres Strait Islanders particularly concerned with the land were a reference to the registered native title body corporate that holds the land.\ns 151 amd 2008 No. 29 s 90 ; 2011 No. 26 s 173 ; 2019 No. 7 s 313 sch 1\n(sec.151-ssec.1) To allay any doubt, it is declared that the Mineral Resources Act 1989 applies to transferable land as if it were a reserve within the meaning of that Act.\n(sec.151-ssec.2) Subject to subsection (3) , the Mineral Resources Act 1989 applies to Torres Strait Islander land that is or was transferred land as if it were a reserve, and the trustee of the land were the owner of the land, within the meaning of that Act.\n(sec.151-ssec.3) Subsection (2) does not apply in relation to the Mineral Resources Act 1989 , sections 316 and 317 .\n(sec.151-ssec.4) The holder of a mining lease must, before making application for a mining lease under the Mineral Resources Act 1989 , section 316 or a variation of a mining lease under section 317 of that Act, consult and endeavour to reach agreement with the Torres Strait Islanders particularly concerned with the land in relation to which the application is to be made about the route of the proposed access over the land.\n(sec.151-ssec.5) Subsection (4) applies in relation to Torres Strait Islander land held by a registered native title body corporate as if the reference in the subsection to Torres Strait Islanders particularly concerned with the land were a reference to the registered native title body corporate that holds the land.","sortOrder":273},{"sectionNumber":"sec.152","sectionType":"section","heading":"Royalties in relation to mining on Torres Strait Islander land","content":"### sec.152 Royalties in relation to mining on Torres Strait Islander land\n\nThis section applies if the State receives an amount (the royalty amount ), by way of royalty under the Mineral Resources Act 1989 , the Petroleum and Gas (Production and Safety) Act 2004 or the Geothermal Energy Act 2010 , in relation to land that is Torres Strait Islander land.\nThe trustee of the land is entitled to receive, out of money appropriated by the Parliament, the percentage prescribed for the purposes of this subsection of the total royalty amount received in a financial year and must apply the amount received for the benefit of the Torres Strait Islanders for whose benefit the trustee holds the land, particularly those that are affected by the activities to which the royalty amount relates.\ns 152 amd 2004 No. 25 s 1040 ; 2011 No. 26 s 174 ; 2010 No. 31 s 575 sch 2 pt 4\n(sec.152-ssec.1) This section applies if the State receives an amount (the royalty amount ), by way of royalty under the Mineral Resources Act 1989 , the Petroleum and Gas (Production and Safety) Act 2004 or the Geothermal Energy Act 2010 , in relation to land that is Torres Strait Islander land.\n(sec.152-ssec.2) The trustee of the land is entitled to receive, out of money appropriated by the Parliament, the percentage prescribed for the purposes of this subsection of the total royalty amount received in a financial year and must apply the amount received for the benefit of the Torres Strait Islanders for whose benefit the trustee holds the land, particularly those that are affected by the activities to which the royalty amount relates.","sortOrder":274},{"sectionNumber":"pt.14","sectionType":"part","heading":"Provisions about land trusts","content":"# Provisions about land trusts","sortOrder":275},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":276},{"sectionNumber":"sec.153","sectionType":"section","heading":"Composition of land trust","content":"### sec.153 Composition of land trust\n\nA land trust for an area of Torres Strait Islander land consists of all the members for the time being of the land trust.\ns 153 sub 2011 No. 26 s 175","sortOrder":277},{"sectionNumber":"sec.154","sectionType":"section","heading":"Nature of land trust","content":"### sec.154 Nature of land trust\n\nA land trust—\nis a body corporate with perpetual succession; and\nhas a seal; and\nmay sue and be sued in its corporate name.\nA land trust has all the powers of an individual and may, for example—\nacquire, hold and dispose of property; and\nborrow, receive and spend money; and\nemploy staff, and engage consultants, necessary for the performance of its function.\nThe land trust’s seal—\nis effective only if the land trust’s name is inscribed on the seal in legible characters, but the seal may include other words; and\nis to be kept by a person who is authorised by the land trust for that purpose; and\nmay be attached to a document only with the written authority signed by—\nif the land trust consists of 1 member—the member; or\nif the land trust consists of no more than 3 members—the chairperson of the land trust and at least 1 other member; or\nin any other case—\nthe chairperson and at least 2 other members; or\nat least 3 members.\nJudicial notice must be taken of the seal on a document.\nA document marked with the seal must be presumed to have been properly sealed, unless the contrary is proved.\ns 154 amd 1991 No. 76 s 51 ; 1996 No. 37 s 147 sch 2 ; 2001 No. 33 s 35 ; 2009 No. 25 s 83 sch\nsub 2011 No. 26 s 175\n(sec.154-ssec.1) A land trust— is a body corporate with perpetual succession; and has a seal; and may sue and be sued in its corporate name.\n(sec.154-ssec.2) A land trust has all the powers of an individual and may, for example— acquire, hold and dispose of property; and borrow, receive and spend money; and employ staff, and engage consultants, necessary for the performance of its function.\n(sec.154-ssec.3) The land trust’s seal— is effective only if the land trust’s name is inscribed on the seal in legible characters, but the seal may include other words; and is to be kept by a person who is authorised by the land trust for that purpose; and may be attached to a document only with the written authority signed by— if the land trust consists of 1 member—the member; or if the land trust consists of no more than 3 members—the chairperson of the land trust and at least 1 other member; or in any other case— the chairperson and at least 2 other members; or at least 3 members.\n(sec.154-ssec.4) Judicial notice must be taken of the seal on a document.\n(sec.154-ssec.5) A document marked with the seal must be presumed to have been properly sealed, unless the contrary is proved.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a seal; and\n- (c) may sue and be sued in its corporate name.\n- (a) acquire, hold and dispose of property; and\n- (b) borrow, receive and spend money; and\n- (c) employ staff, and engage consultants, necessary for the performance of its function.\n- (a) is effective only if the land trust’s name is inscribed on the seal in legible characters, but the seal may include other words; and\n- (b) is to be kept by a person who is authorised by the land trust for that purpose; and\n- (c) may be attached to a document only with the written authority signed by— (i) if the land trust consists of 1 member—the member; or (ii) if the land trust consists of no more than 3 members—the chairperson of the land trust and at least 1 other member; or (iii) in any other case— (A) the chairperson and at least 2 other members; or (B) at least 3 members.\n- (i) if the land trust consists of 1 member—the member; or\n- (ii) if the land trust consists of no more than 3 members—the chairperson of the land trust and at least 1 other member; or\n- (iii) in any other case— (A) the chairperson and at least 2 other members; or (B) at least 3 members.\n- (A) the chairperson and at least 2 other members; or\n- (B) at least 3 members.\n- (i) if the land trust consists of 1 member—the member; or\n- (ii) if the land trust consists of no more than 3 members—the chairperson of the land trust and at least 1 other member; or\n- (iii) in any other case— (A) the chairperson and at least 2 other members; or (B) at least 3 members.\n- (A) the chairperson and at least 2 other members; or\n- (B) at least 3 members.\n- (A) the chairperson and at least 2 other members; or\n- (B) at least 3 members.","sortOrder":278},{"sectionNumber":"sec.155","sectionType":"section","heading":"Function and powers of land trust","content":"### sec.155 Function and powers of land trust\n\nThe function of a land trust is to provide a legal entity by which the members of the land trust may perform functions under this Act.\nA land trust may exercise all powers necessary or convenient to perform its function.\nAlso see section 173 (Application of Trusts Act 1973 ).\ns 155 sub 2011 No. 26 s 175\n(sec.155-ssec.1) The function of a land trust is to provide a legal entity by which the members of the land trust may perform functions under this Act.\n(sec.155-ssec.2) A land trust may exercise all powers necessary or convenient to perform its function. Also see section 173 (Application of Trusts Act 1973 ).","sortOrder":279},{"sectionNumber":"sec.155A","sectionType":"section","heading":"Name of land trust","content":"### sec.155A Name of land trust\n\nThe name of a land trust must include the words ‘Land Trust’ as the last 2 words.\ns 155A ins 2019 No. 17 s 95","sortOrder":280},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Appointment, removal and suspension of members of land trusts","content":"## Appointment, removal and suspension of members of land trusts","sortOrder":281},{"sectionNumber":"sec.156","sectionType":"section","heading":"Minister may appoint member","content":"### sec.156 Minister may appoint member\n\nThe Minister may, by notice given to a land trust, appoint a person to be a member of the land trust if—\nbecause of any circumstances affecting the operation of the land trust, the land trust can not appoint a member and a majority of members of the land trust have asked the Minister in writing to appoint the person as a member; or\nA land trust can not form a quorum for a meeting of the land trust to appoint a member.\nthe Minister considers it appropriate to appoint the member to ensure the land trust can carry out its functions under this Act.\nThe Minister might appoint a member to replace a member removed by the Minister under this division.\nBefore acting under subsection (1) , the Minister must—\nconsult with the land trust; and\nif the Minister considers it appropriate in the circumstances—consult with, and consider the views of, Torres Strait Islanders particularly concerned with the Torres Strait Islander land held by the land trust.\nThe Minister must not appoint a person under subsection (1) without the person’s consent.\nThe Minister must give the person a copy of the notice mentioned in subsection (1) when the notice is given to the land trust.\nA person appointed as a member of a land trust under this section becomes a member on the day stated in the notice.\nIn acting under this section, the Minister must have regard to any Island custom applicable to the Torres Strait Islander land held by the land trust.\ns 156 sub 2011 No. 26 s 175\namd 2013 No. 23 ss 211 , 352 sch 1 pt 1\n(sec.156-ssec.1) The Minister may, by notice given to a land trust, appoint a person to be a member of the land trust if— because of any circumstances affecting the operation of the land trust, the land trust can not appoint a member and a majority of members of the land trust have asked the Minister in writing to appoint the person as a member; or A land trust can not form a quorum for a meeting of the land trust to appoint a member. the Minister considers it appropriate to appoint the member to ensure the land trust can carry out its functions under this Act. The Minister might appoint a member to replace a member removed by the Minister under this division.\n(sec.156-ssec.2) Before acting under subsection (1) , the Minister must— consult with the land trust; and if the Minister considers it appropriate in the circumstances—consult with, and consider the views of, Torres Strait Islanders particularly concerned with the Torres Strait Islander land held by the land trust.\n(sec.156-ssec.3) The Minister must not appoint a person under subsection (1) without the person’s consent.\n(sec.156-ssec.4) The Minister must give the person a copy of the notice mentioned in subsection (1) when the notice is given to the land trust.\n(sec.156-ssec.5) A person appointed as a member of a land trust under this section becomes a member on the day stated in the notice.\n(sec.156-ssec.6) In acting under this section, the Minister must have regard to any Island custom applicable to the Torres Strait Islander land held by the land trust.\n- (a) because of any circumstances affecting the operation of the land trust, the land trust can not appoint a member and a majority of members of the land trust have asked the Minister in writing to appoint the person as a member; or Example of circumstances affecting the operation of a land trust— A land trust can not form a quorum for a meeting of the land trust to appoint a member.\n- (b) the Minister considers it appropriate to appoint the member to ensure the land trust can carry out its functions under this Act. Example— The Minister might appoint a member to replace a member removed by the Minister under this division.\n- (a) consult with the land trust; and\n- (b) if the Minister considers it appropriate in the circumstances—consult with, and consider the views of, Torres Strait Islanders particularly concerned with the Torres Strait Islander land held by the land trust.","sortOrder":282},{"sectionNumber":"sec.156A","sectionType":"section","heading":"Land trust may appoint member","content":"### sec.156A Land trust may appoint member\n\nA land trust may, by resolution, appoint a person to be a member of the land trust.\nA land trust must not appoint a person under subsection (1) —\nwithout the person’s consent; or\nif the person has been removed as a member of any land trust by the Minister under this division.\nA person appointed as a member of a land trust under this section becomes a member on—\nthe day the resolution appointing the person as a member is made; or\na later day stated in the resolution.\nA land trust must record its decision to appoint a person as a member of the land trust in the minutes of the meeting at which the person was appointed.\ns 156A ins 2013 No. 23 s 212\n(sec.156A-ssec.1) A land trust may, by resolution, appoint a person to be a member of the land trust.\n(sec.156A-ssec.2) A land trust must not appoint a person under subsection (1) — without the person’s consent; or if the person has been removed as a member of any land trust by the Minister under this division.\n(sec.156A-ssec.3) A person appointed as a member of a land trust under this section becomes a member on— the day the resolution appointing the person as a member is made; or a later day stated in the resolution.\n(sec.156A-ssec.4) A land trust must record its decision to appoint a person as a member of the land trust in the minutes of the meeting at which the person was appointed.\n- (a) without the person’s consent; or\n- (b) if the person has been removed as a member of any land trust by the Minister under this division.\n- (a) the day the resolution appointing the person as a member is made; or\n- (b) a later day stated in the resolution.","sortOrder":283},{"sectionNumber":"sec.157","sectionType":"section","heading":"Grounds for removal or suspension of member","content":"### sec.157 Grounds for removal or suspension of member\n\nEach of the following is a ground for removing or suspending a member—\nif the member is a member of the executive committee of the land trust, the member—\nin performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or\nis carrying on, or has carried on, the business of the land trust in a fraudulent or improper way;\nthe member has stolen, misappropriated or improperly applied trust property;\nthe member is acting, or has acted, towards the land trust or another member in a way that is fraudulent, improper or contrary to the best interests of the land trust.\nAlso, it is a ground for the Minister to remove or suspend a member that, because of any circumstances affecting the operation of the land trust—\nthe land trust can not remove or suspend a member and a majority of members of the land trust have asked the Minister in writing to remove or suspend the member; and\na ground mentioned in subsection (1) (a) , (b) or (c) exists in relation to the member.\nA land trust can not form a quorum for a general meeting of the land trust to remove or suspend a member.\ns 157 sub 2011 No. 26 s 175\namd 2013 No. 23 s 214\n(sec.157-ssec.1) Each of the following is a ground for removing or suspending a member— if the member is a member of the executive committee of the land trust, the member— in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way; the member has stolen, misappropriated or improperly applied trust property; the member is acting, or has acted, towards the land trust or another member in a way that is fraudulent, improper or contrary to the best interests of the land trust.\n(sec.157-ssec.2) Also, it is a ground for the Minister to remove or suspend a member that, because of any circumstances affecting the operation of the land trust— the land trust can not remove or suspend a member and a majority of members of the land trust have asked the Minister in writing to remove or suspend the member; and a ground mentioned in subsection (1) (a) , (b) or (c) exists in relation to the member. A land trust can not form a quorum for a general meeting of the land trust to remove or suspend a member.\n- (a) if the member is a member of the executive committee of the land trust, the member— (i) in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or (ii) is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way;\n- (i) in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or\n- (ii) is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way;\n- (b) the member has stolen, misappropriated or improperly applied trust property;\n- (c) the member is acting, or has acted, towards the land trust or another member in a way that is fraudulent, improper or contrary to the best interests of the land trust.\n- (i) in performing the member’s functions as a member of the committee, has contravened or is contravening a provision of this Act; or\n- (ii) is carrying on, or has carried on, the business of the land trust in a fraudulent or improper way;\n- (a) the land trust can not remove or suspend a member and a majority of members of the land trust have asked the Minister in writing to remove or suspend the member; and\n- (b) a ground mentioned in subsection (1) (a) , (b) or (c) exists in relation to the member.","sortOrder":284},{"sectionNumber":"sec.158","sectionType":"section","heading":"Show cause notice","content":"### sec.158 Show cause notice\n\nThis section applies if the Minister believes a ground exists to remove or suspend a member of a land trust.\nThe Minister must give the member and the land trust a notice (a show cause notice ).\nThe show cause notice must state the following—\nthe action the Minister proposes to take under this subdivision (the proposed action );\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is suspension of the member—the proposed suspension period;\nthat the member and the land trust may, within a stated period (the show cause period ), make written representations to the Minister to show why the proposed action should not be taken;\nthat, if the member is removed as a member of the land trust, the member is also removed as a member of any other land trust.\nThe show cause period must end at least 1 month after the show cause notice is given.\ns 158 sub 2011 No. 26 s 175\namd 2013 No. 23 s 215\n(sec.158-ssec.1) This section applies if the Minister believes a ground exists to remove or suspend a member of a land trust.\n(sec.158-ssec.2) The Minister must give the member and the land trust a notice (a show cause notice ).\n(sec.158-ssec.3) The show cause notice must state the following— the action the Minister proposes to take under this subdivision (the proposed action ); the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the member—the proposed suspension period; that the member and the land trust may, within a stated period (the show cause period ), make written representations to the Minister to show why the proposed action should not be taken; that, if the member is removed as a member of the land trust, the member is also removed as a member of any other land trust.\n(sec.158-ssec.4) The show cause period must end at least 1 month after the show cause notice is given.\n- (a) the action the Minister proposes to take under this subdivision (the proposed action );\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is suspension of the member—the proposed suspension period;\n- (e) that the member and the land trust may, within a stated period (the show cause period ), make written representations to the Minister to show why the proposed action should not be taken;\n- (f) that, if the member is removed as a member of the land trust, the member is also removed as a member of any other land trust.","sortOrder":285},{"sectionNumber":"sec.159","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.159 Representations about show cause notice\n\nThe member or land trust may make written representations about the show cause notice to the Minister during the show cause period.\nThe Minister must consider all representations (the accepted representations ) made under subsection (1) .\ns 159 sub 2011 No. 26 s 175\n(sec.159-ssec.1) The member or land trust may make written representations about the show cause notice to the Minister during the show cause period.\n(sec.159-ssec.2) The Minister must consider all representations (the accepted representations ) made under subsection (1) .","sortOrder":286},{"sectionNumber":"sec.160","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.160 Ending show cause process without further action\n\nIf, after considering the accepted representations for the show cause notice, the Minister no longer believes a ground exists to remove or suspend the member, the Minister must—\ntake no further action about the show cause notice; and\ngive the member and the land trust a notice that no further action is to be taken about the show cause notice.\ns 160 sub 2011 No. 26 s 175\n- (a) take no further action about the show cause notice; and\n- (b) give the member and the land trust a notice that no further action is to be taken about the show cause notice.","sortOrder":287},{"sectionNumber":"sec.161","sectionType":"section","heading":"Removing or suspending member","content":"### sec.161 Removing or suspending member\n\nThis section applies if—\nthere are no accepted representations about the show cause notice; or\nafter considering the accepted representations about the show cause notice, the Minister—\nstill believes a ground exists to remove or suspend the member; and\nbelieves removal or suspension of the member is warranted.\nThe Minister may—\nif the proposed action was to remove the member—remove the member; or\nif the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.\nBefore acting under subsection (2) , the Minister must, if the Minister considers it appropriate in the circumstances, consult with and consider the views of Torres Strait Islanders particularly concerned with the Torres Strait Islander land held by the land trust.\nIn acting under this section, the Minister must have regard to any Island custom applicable to the Torres Strait Islander land held by the land trust.\nIf the Minister decides to take action under subsection (2) , the Minister must as soon as practicable give—\nthe person an information notice for the decision; and\nthe land trust notice of the decision.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the person;\nthe day stated in the information notice for that purpose.\ns 161 sub 2011 No. 26 s 175\namd 2013 No. 23 ss 216 , 352 sch 1 pt 1\n(sec.161-ssec.1) This section applies if— there are no accepted representations about the show cause notice; or after considering the accepted representations about the show cause notice, the Minister— still believes a ground exists to remove or suspend the member; and believes removal or suspension of the member is warranted.\n(sec.161-ssec.2) The Minister may— if the proposed action was to remove the member—remove the member; or if the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.\n(sec.161-ssec.3) Before acting under subsection (2) , the Minister must, if the Minister considers it appropriate in the circumstances, consult with and consider the views of Torres Strait Islanders particularly concerned with the Torres Strait Islander land held by the land trust.\n(sec.161-ssec.4) In acting under this section, the Minister must have regard to any Island custom applicable to the Torres Strait Islander land held by the land trust.\n(sec.161-ssec.5) If the Minister decides to take action under subsection (2) , the Minister must as soon as practicable give— the person an information notice for the decision; and the land trust notice of the decision.\n(sec.161-ssec.6) The decision takes effect on the later of the following— the day the information notice is given to the person; the day stated in the information notice for that purpose.\n- (a) there are no accepted representations about the show cause notice; or\n- (b) after considering the accepted representations about the show cause notice, the Minister— (i) still believes a ground exists to remove or suspend the member; and (ii) believes removal or suspension of the member is warranted.\n- (i) still believes a ground exists to remove or suspend the member; and\n- (ii) believes removal or suspension of the member is warranted.\n- (i) still believes a ground exists to remove or suspend the member; and\n- (ii) believes removal or suspension of the member is warranted.\n- (a) if the proposed action was to remove the member—remove the member; or\n- (b) if the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.\n- (a) the person an information notice for the decision; and\n- (b) the land trust notice of the decision.\n- (a) the day the information notice is given to the person;\n- (b) the day stated in the information notice for that purpose.","sortOrder":288},{"sectionNumber":"sec.161A","sectionType":"section","heading":"Effect of removing member on other land trust membership","content":"### sec.161A Effect of removing member on other land trust membership\n\nThis section applies if the Minister removes a member from a land trust under section 161 (2) and the member is also a member of another land trust.\nThe member is also removed as a member of the other land trust.\ns 161A ins 2013 No. 23 s 217\n(sec.161A-ssec.1) This section applies if the Minister removes a member from a land trust under section 161 (2) and the member is also a member of another land trust.\n(sec.161A-ssec.2) The member is also removed as a member of the other land trust.","sortOrder":289},{"sectionNumber":"sec.162","sectionType":"section","heading":"Immediate suspension of member","content":"### sec.162 Immediate suspension of member\n\nThe Minister may suspend a member of a land trust immediately if the Minister believes—\neither—\na ground exists to remove or suspend the member; or\nthe member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene a provision of this Act; and\nit is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.\nHowever, the Minister may only immediately suspend the member under this section if the Minister also gives a show cause notice under section 161 to the member and the land trust in relation to the proposed action of removing or suspending the member.\nIf the Minister decides to immediately suspend the member, the Minister must, at the same time the Minister gives the show cause notice under section 161 —\ngive the member an information notice about the decision to immediately suspend the member; and\ngive a copy of the information notice mentioned in paragraph (a) to the land trust.\nThe suspension—\noperates immediately the notices mentioned in subsection (3) are given to the member; and\nif the member is also a member of another land trust—suspends the member as a member of the other land trust; and\ncontinues to operate until the earlier of the following happens—\nthe show cause notice is finally dealt with;\n60 days have passed since the notices were given to the member.\ns 162 amd 1992 No. 36 s 2 sch 2 ; 1993 No. 85 s 170C (amd 1994 No. 61 s 2 sch 2 ); 2000 No. 16 s 590 sch 1 pt 2\nsub 2011 No. 26 s 175 ; 2013 No. 23 s 218\n(sec.162-ssec.1) The Minister may suspend a member of a land trust immediately if the Minister believes— either— a ground exists to remove or suspend the member; or the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene a provision of this Act; and it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.\n(sec.162-ssec.2) However, the Minister may only immediately suspend the member under this section if the Minister also gives a show cause notice under section 161 to the member and the land trust in relation to the proposed action of removing or suspending the member.\n(sec.162-ssec.3) If the Minister decides to immediately suspend the member, the Minister must, at the same time the Minister gives the show cause notice under section 161 — give the member an information notice about the decision to immediately suspend the member; and give a copy of the information notice mentioned in paragraph (a) to the land trust.\n(sec.162-ssec.4) The suspension— operates immediately the notices mentioned in subsection (3) are given to the member; and if the member is also a member of another land trust—suspends the member as a member of the other land trust; and continues to operate until the earlier of the following happens— the show cause notice is finally dealt with; 60 days have passed since the notices were given to the member.\n- (a) either— (i) a ground exists to remove or suspend the member; or (ii) the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene a provision of this Act; and\n- (i) a ground exists to remove or suspend the member; or\n- (ii) the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene a provision of this Act; and\n- (b) it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.\n- (i) a ground exists to remove or suspend the member; or\n- (ii) the member is a member of the executive committee of the land trust and, in performing the member’s functions as a member of the committee, is likely to contravene a provision of this Act; and\n- (a) give the member an information notice about the decision to immediately suspend the member; and\n- (b) give a copy of the information notice mentioned in paragraph (a) to the land trust.\n- (a) operates immediately the notices mentioned in subsection (3) are given to the member; and\n- (b) if the member is also a member of another land trust—suspends the member as a member of the other land trust; and\n- (c) continues to operate until the earlier of the following happens— (i) the show cause notice is finally dealt with; (ii) 60 days have passed since the notices were given to the member.\n- (i) the show cause notice is finally dealt with;\n- (ii) 60 days have passed since the notices were given to the member.\n- (i) the show cause notice is finally dealt with;\n- (ii) 60 days have passed since the notices were given to the member.","sortOrder":290},{"sectionNumber":"sec.163","sectionType":"section","heading":"Proposed removal or suspension approved by resolution and show cause notice","content":"### sec.163 Proposed removal or suspension approved by resolution and show cause notice\n\nA land trust may, by resolution, decide to take action under this subdivision (the proposed action ) to remove or suspend a member of the land trust because a ground exists for the removal or suspension.\nHowever, members of the land trust must be given at least 14 days notice of the general meeting of the land trust at which the resolution is intended to be proposed.\nIf the land trust makes a decision under subsection (1) , the land trust must—\nrefer the matter of the proposed action to the executive committee of the land trust to decide; and\ngive the member a notice (a show cause notice ).\nThe show cause notice must state all of the following—\ndetails of the resolution mentioned in subsection (1) , including the date the resolution was made;\nthe proposed action;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is suspension of the member—the proposed suspension period;\nthat the member may, within a stated period (the show cause period ), make written representations to the land trust to show why the proposed action should not be taken.\nThe show cause period must end at least 1 month after the show cause notice is given.\ns 163 sub 2011 No. 26 s 175 ; 2013 No. 23 s 219\n(sec.163-ssec.1) A land trust may, by resolution, decide to take action under this subdivision (the proposed action ) to remove or suspend a member of the land trust because a ground exists for the removal or suspension.\n(sec.163-ssec.2) However, members of the land trust must be given at least 14 days notice of the general meeting of the land trust at which the resolution is intended to be proposed.\n(sec.163-ssec.3) If the land trust makes a decision under subsection (1) , the land trust must— refer the matter of the proposed action to the executive committee of the land trust to decide; and give the member a notice (a show cause notice ).\n(sec.163-ssec.4) The show cause notice must state all of the following— details of the resolution mentioned in subsection (1) , including the date the resolution was made; the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the member—the proposed suspension period; that the member may, within a stated period (the show cause period ), make written representations to the land trust to show why the proposed action should not be taken.\n(sec.163-ssec.5) The show cause period must end at least 1 month after the show cause notice is given.\n- (a) refer the matter of the proposed action to the executive committee of the land trust to decide; and\n- (b) give the member a notice (a show cause notice ).\n- (a) details of the resolution mentioned in subsection (1) , including the date the resolution was made;\n- (b) the proposed action;\n- (c) the ground for the proposed action;\n- (d) an outline of the facts and circumstances forming the basis for the ground;\n- (e) if the proposed action is suspension of the member—the proposed suspension period;\n- (f) that the member may, within a stated period (the show cause period ), make written representations to the land trust to show why the proposed action should not be taken.","sortOrder":291},{"sectionNumber":"sec.163A","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.163A Representations about show cause notice\n\nThe member may make written representations to the land trust about the show cause notice during the show cause period.\nA copy of any representations made by the member under subsection (1) must be given to each member of the executive committee of the land trust.\ns 163A ins 2013 No. 23 s 219\n(sec.163A-ssec.1) The member may make written representations to the land trust about the show cause notice during the show cause period.\n(sec.163A-ssec.2) A copy of any representations made by the member under subsection (1) must be given to each member of the executive committee of the land trust.","sortOrder":292},{"sectionNumber":"sec.163B","sectionType":"section","heading":"Land trust decisions about removal or suspension of member","content":"### sec.163B Land trust decisions about removal or suspension of member\n\nThis section provides for how, by a resolution of the executive committee of the land trust, the land trust decides the action to be taken about a show cause notice given to a member of the land trust.\nThe resolution may be made only if the show cause period stated in the show cause notice has ended.\nThe executive committee must—\nconsider all representations about the show cause notice received under section 163A (1) ; and\ndecide—\nwhether a ground exists to remove or suspend the member; and\nif the executive committee decides a ground exists—whether removal or suspension of the member is warranted.\nThe land trust must take no further action about the show cause notice if the executive committee decides—\nno ground exists to remove or suspend the member; or\na ground exists but the removal or suspension of the member is not warranted.\nSubsections (6) to (8) apply if the executive committee decides a ground exists to remove or suspend the member and that the removal or suspension of the member is warranted.\nThe executive committee may decide to—\nif the proposed action was to remove the member—remove or suspend the member; or\nif the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.\nIf a motion proposing removal or suspension is not passed by resolution, the executive committee of the land trust may decide to—\nadjourn the matter of the proposed action; or\nrefer the matter of the proposed action to a general meeting of the land trust to decide; or\ntake no further action about the show cause notice.\nA decision to remove or suspend takes effect on the day an information notice about the decision is given to the member under section 163D or a later day stated in the notice.\nThe executive committee of the land trust must record its decisions under this section—\nif a decision was made at a meeting of the executive committee—in the minutes of the meeting at which the decision was made; or\notherwise—in writing.\ns 163B ins 2013 No. 23 s 219\n(sec.163B-ssec.1) This section provides for how, by a resolution of the executive committee of the land trust, the land trust decides the action to be taken about a show cause notice given to a member of the land trust.\n(sec.163B-ssec.2) The resolution may be made only if the show cause period stated in the show cause notice has ended.\n(sec.163B-ssec.3) The executive committee must— consider all representations about the show cause notice received under section 163A (1) ; and decide— whether a ground exists to remove or suspend the member; and if the executive committee decides a ground exists—whether removal or suspension of the member is warranted.\n(sec.163B-ssec.4) The land trust must take no further action about the show cause notice if the executive committee decides— no ground exists to remove or suspend the member; or a ground exists but the removal or suspension of the member is not warranted.\n(sec.163B-ssec.5) Subsections (6) to (8) apply if the executive committee decides a ground exists to remove or suspend the member and that the removal or suspension of the member is warranted.\n(sec.163B-ssec.6) The executive committee may decide to— if the proposed action was to remove the member—remove or suspend the member; or if the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.\n(sec.163B-ssec.7) If a motion proposing removal or suspension is not passed by resolution, the executive committee of the land trust may decide to— adjourn the matter of the proposed action; or refer the matter of the proposed action to a general meeting of the land trust to decide; or take no further action about the show cause notice.\n(sec.163B-ssec.8) A decision to remove or suspend takes effect on the day an information notice about the decision is given to the member under section 163D or a later day stated in the notice.\n(sec.163B-ssec.9) The executive committee of the land trust must record its decisions under this section— if a decision was made at a meeting of the executive committee—in the minutes of the meeting at which the decision was made; or otherwise—in writing.\n- (a) consider all representations about the show cause notice received under section 163A (1) ; and\n- (b) decide— (i) whether a ground exists to remove or suspend the member; and (ii) if the executive committee decides a ground exists—whether removal or suspension of the member is warranted.\n- (i) whether a ground exists to remove or suspend the member; and\n- (ii) if the executive committee decides a ground exists—whether removal or suspension of the member is warranted.\n- (i) whether a ground exists to remove or suspend the member; and\n- (ii) if the executive committee decides a ground exists—whether removal or suspension of the member is warranted.\n- (a) no ground exists to remove or suspend the member; or\n- (b) a ground exists but the removal or suspension of the member is not warranted.\n- (a) if the proposed action was to remove the member—remove or suspend the member; or\n- (b) if the proposed action was to suspend the member—suspend the member for not longer than the proposed suspension period.\n- (a) adjourn the matter of the proposed action; or\n- (b) refer the matter of the proposed action to a general meeting of the land trust to decide; or\n- (c) take no further action about the show cause notice.\n- (a) if a decision was made at a meeting of the executive committee—in the minutes of the meeting at which the decision was made; or\n- (b) otherwise—in writing.","sortOrder":293},{"sectionNumber":"sec.163C","sectionType":"section","heading":"Decisions about removal or suspension of member referred to land trust general meeting","content":"### sec.163C Decisions about removal or suspension of member referred to land trust general meeting\n\nThis section applies if the executive committee of a land trust refers, to a general meeting of the land trust, the matter of the action to be taken about a show cause notice given to a member of the land trust.\nThe land trust may, by resolution at a general meeting of the land trust, decide the action to be taken about the show cause notice.\nFor subsection (2) , section 163B applies with a reference to the executive committee of the land trust taken to be a reference to the land trust.\nHowever, if a motion proposing removal or suspension fails to pass by resolution, the land trust must take no further action about the show cause notice.\ns 163C ins 2013 No. 23 s 219\n(sec.163C-ssec.1) This section applies if the executive committee of a land trust refers, to a general meeting of the land trust, the matter of the action to be taken about a show cause notice given to a member of the land trust.\n(sec.163C-ssec.2) The land trust may, by resolution at a general meeting of the land trust, decide the action to be taken about the show cause notice.\n(sec.163C-ssec.3) For subsection (2) , section 163B applies with a reference to the executive committee of the land trust taken to be a reference to the land trust.\n(sec.163C-ssec.4) However, if a motion proposing removal or suspension fails to pass by resolution, the land trust must take no further action about the show cause notice.","sortOrder":294},{"sectionNumber":"sec.163D","sectionType":"section","heading":"Action after decision about removal or suspension of member","content":"### sec.163D Action after decision about removal or suspension of member\n\nThis section applies if a decision about a show cause notice given to a member of a land trust is made under section 163B or 163C .\nAs soon as practicable after the decision is made, the land trust must give the member notice of the following—\nif, because of the decision, the land trust is, or is required, to take no further action about the show cause notice—notice that no further action will be taken;\nif the decision is to remove or suspend the member—an information notice for the decision;\nif the decision is to adjourn the matter of the removal or suspension of the member—notice of the decision to adjourn the matter;\nif the decision is to refer the matter of the removal or suspension of a member of the land trust to a general meeting of the land trust—notice of the decision to refer the matter and of the day and time of the general meeting of the land trust at which the matter will be considered.\ns 163D ins 2013 No. 23 s 219\n(sec.163D-ssec.1) This section applies if a decision about a show cause notice given to a member of a land trust is made under section 163B or 163C .\n(sec.163D-ssec.2) As soon as practicable after the decision is made, the land trust must give the member notice of the following— if, because of the decision, the land trust is, or is required, to take no further action about the show cause notice—notice that no further action will be taken; if the decision is to remove or suspend the member—an information notice for the decision; if the decision is to adjourn the matter of the removal or suspension of the member—notice of the decision to adjourn the matter; if the decision is to refer the matter of the removal or suspension of a member of the land trust to a general meeting of the land trust—notice of the decision to refer the matter and of the day and time of the general meeting of the land trust at which the matter will be considered.\n- (a) if, because of the decision, the land trust is, or is required, to take no further action about the show cause notice—notice that no further action will be taken;\n- (b) if the decision is to remove or suspend the member—an information notice for the decision;\n- (c) if the decision is to adjourn the matter of the removal or suspension of the member—notice of the decision to adjourn the matter;\n- (d) if the decision is to refer the matter of the removal or suspension of a member of the land trust to a general meeting of the land trust—notice of the decision to refer the matter and of the day and time of the general meeting of the land trust at which the matter will be considered.","sortOrder":295},{"sectionNumber":"sec.163E","sectionType":"section","heading":"Immediate suspension of member","content":"### sec.163E Immediate suspension of member\n\nA land trust may, by a resolution of the executive committee of the land trust, suspend a member of a land trust immediately if the executive committee decides—\neither—\na ground exists to remove or suspend the member; or\nthe member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene a provision of this Act; and\nit is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.\nIf the executive committee decides to immediately suspend the member, it must—\ngive the member an information notice about the decision; and\nensure a motion proposing disciplinary action be taken against the member is considered at a general meeting of the land trust within 60 days after the information notice is given to the member.\nThe suspension—\noperates immediately the information notice is given to the member; and\ncontinues to operate until the earliest of the following happens—\na motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust;\n60 days have passed since the information notice was given to the member and the member has not been given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member;\na show cause notice for proposed disciplinary action against the member, given to the member under section 163 (3) , is finally dealt with;\n60 days have passed since the member was given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member.\nIn this section—\ndisciplinary action , against a member of a land trust, means action to remove or suspend the member under this subdivision.\ns 163E ins 2013 No. 23 s 219\n(sec.163E-ssec.1) A land trust may, by a resolution of the executive committee of the land trust, suspend a member of a land trust immediately if the executive committee decides— either— a ground exists to remove or suspend the member; or the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene a provision of this Act; and it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.\n(sec.163E-ssec.2) If the executive committee decides to immediately suspend the member, it must— give the member an information notice about the decision; and ensure a motion proposing disciplinary action be taken against the member is considered at a general meeting of the land trust within 60 days after the information notice is given to the member.\n(sec.163E-ssec.3) The suspension— operates immediately the information notice is given to the member; and continues to operate until the earliest of the following happens— a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust; 60 days have passed since the information notice was given to the member and the member has not been given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member; a show cause notice for proposed disciplinary action against the member, given to the member under section 163 (3) , is finally dealt with; 60 days have passed since the member was given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member.\n(sec.163E-ssec.4) In this section— disciplinary action , against a member of a land trust, means action to remove or suspend the member under this subdivision.\n- (a) either— (i) a ground exists to remove or suspend the member; or (ii) the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene a provision of this Act; and\n- (i) a ground exists to remove or suspend the member; or\n- (ii) the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene a provision of this Act; and\n- (b) it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.\n- (i) a ground exists to remove or suspend the member; or\n- (ii) the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene a provision of this Act; and\n- (a) give the member an information notice about the decision; and\n- (b) ensure a motion proposing disciplinary action be taken against the member is considered at a general meeting of the land trust within 60 days after the information notice is given to the member.\n- (a) operates immediately the information notice is given to the member; and\n- (b) continues to operate until the earliest of the following happens— (i) a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust; (ii) 60 days have passed since the information notice was given to the member and the member has not been given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member; (iii) a show cause notice for proposed disciplinary action against the member, given to the member under section 163 (3) , is finally dealt with; (iv) 60 days have passed since the member was given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member.\n- (i) a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust;\n- (ii) 60 days have passed since the information notice was given to the member and the member has not been given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member;\n- (iii) a show cause notice for proposed disciplinary action against the member, given to the member under section 163 (3) , is finally dealt with;\n- (iv) 60 days have passed since the member was given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member.\n- (i) a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust;\n- (ii) 60 days have passed since the information notice was given to the member and the member has not been given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member;\n- (iii) a show cause notice for proposed disciplinary action against the member, given to the member under section 163 (3) , is finally dealt with;\n- (iv) 60 days have passed since the member was given, under section 163 (3) , a show cause notice for proposed disciplinary action against the member.","sortOrder":296},{"sectionNumber":"sec.163F","sectionType":"section","heading":"Limitation on land trust’s power about suspension of member","content":"### sec.163F Limitation on land trust’s power about suspension of member\n\nA land trust can not end the suspension of a person from membership of the land trust if the suspension is imposed by the Minister under this division.\ns 163F ins 2013 No. 23 s 219","sortOrder":297},{"sectionNumber":"sec.163G","sectionType":"section","heading":"Information about appointment, removal or resignation of members","content":"### sec.163G Information about appointment, removal or resignation of members\n\nThis section applies to a land trust if—\nthe land trust appoints a person as a member of the land trust or removes a member from the land trust; or\na member of the land trust resigns.\nAs soon as practicable after the appointment, removal or resignation has effect, the land trust must give the chief executive notice of the appointment, removal or resignation.\ns 163G ins 2013 No. 23 s 219\n(sec.163G-ssec.1) This section applies to a land trust if— the land trust appoints a person as a member of the land trust or removes a member from the land trust; or a member of the land trust resigns.\n(sec.163G-ssec.2) As soon as practicable after the appointment, removal or resignation has effect, the land trust must give the chief executive notice of the appointment, removal or resignation.\n- (a) the land trust appoints a person as a member of the land trust or removes a member from the land trust; or\n- (b) a member of the land trust resigns.","sortOrder":298},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Recording information about compliance with Act","content":"## Recording information about compliance with Act","sortOrder":299},{"sectionNumber":"sec.164","sectionType":"section","heading":"Particular information to be recorded in register","content":"### sec.164 Particular information to be recorded in register\n\nThe chief executive must, for each land trust and each financial year, record in the Torres Strait Islander land holding entity register whether or not the land trust has, for the financial year, operated in compliance with the Act .\nIn deciding whether or not a land trust has operated in compliance with the Act , the chief executive must have regard to any minimum requirements, declared by the Minister, that a land trust must meet to be compliant.\ns 164 sub 2011 No. 26 s 175\namd 2019 No. 17 s 96\n(sec.164-ssec.1) The chief executive must, for each land trust and each financial year, record in the Torres Strait Islander land holding entity register whether or not the land trust has, for the financial year, operated in compliance with the Act .\n(sec.164-ssec.2) In deciding whether or not a land trust has operated in compliance with the Act , the chief executive must have regard to any minimum requirements, declared by the Minister, that a land trust must meet to be compliant.","sortOrder":300},{"sectionNumber":"pt.14-div.4","sectionType":"division","heading":"Land trusts to give information to chief executive","content":"## Land trusts to give information to chief executive","sortOrder":301},{"sectionNumber":"sec.165","sectionType":"section","heading":"Definition for div 4","content":"### sec.165 Definition for div 4\n\nIn this division—\ninformation includes a document.\ns 165 sub 2011 No. 26 s 175","sortOrder":302},{"sectionNumber":"sec.166","sectionType":"section","heading":"Power to require particular information","content":"### sec.166 Power to require particular information\n\nThe chief executive may, by notice, require a land trust to give the chief executive stated information, or stated types of information, in its possession or control that is, or are, relevant to the operation of the land trust or the conduct of its business.\ninformation about how a land trust made a particular decision\naccounts, bank statements and other financial information\nminutes of meetings\nThe notice must state a reasonable period to comply with the requirement.\nThe land trust must comply with the requirement unless complying with the notice would place the land trust in contravention of a law.\ns 166 sub 2011 No. 26 s 175\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.166-ssec.1) The chief executive may, by notice, require a land trust to give the chief executive stated information, or stated types of information, in its possession or control that is, or are, relevant to the operation of the land trust or the conduct of its business. information about how a land trust made a particular decision accounts, bank statements and other financial information minutes of meetings\n(sec.166-ssec.2) The notice must state a reasonable period to comply with the requirement.\n(sec.166-ssec.3) The land trust must comply with the requirement unless complying with the notice would place the land trust in contravention of a law.\n- • information about how a land trust made a particular decision\n- • accounts, bank statements and other financial information\n- • minutes of meetings","sortOrder":303},{"sectionNumber":"pt.14-div.5","sectionType":"division","heading":"Freezing accounts of land trust","content":"## Freezing accounts of land trust","sortOrder":304},{"sectionNumber":"sec.167","sectionType":"section","heading":"Definitions for div 5","content":"### sec.167 Definitions for div 5\n\nIn this division—\naccount , of a land trust, means—\nan account, with a financial institution, in the land trust’s name or in which the land trust has an interest; or\nanother account to which trust money is deposited.\nholder , of a land trust’s account, means the land trust or other person authorised to operate the account.\ntrust money means any amount that is trust property.\ns 167 sub 2011 No. 26 s 175\n- (a) an account, with a financial institution, in the land trust’s name or in which the land trust has an interest; or\n- (b) another account to which trust money is deposited.","sortOrder":305},{"sectionNumber":"sec.168","sectionType":"section","heading":"Freezing land trust’s accounts","content":"### sec.168 Freezing land trust’s accounts\n\nThe chief executive may give a direction under subsection (2) if, on considering a report on an audit of a land trust’s accounts, it appears to the chief executive that—\nthe land trust, a member of the land trust or another person has, or may have, stolen, misappropriated or misapplied trust money; or\nthe accounts of the land trust are not being kept appropriately.\nThe chief executive may direct, by a notice, that—\nan amount must not be drawn from a stated account other than with the chief executive’s approval; or\na stated account may be operated only under stated conditions.\nThe direction must—\nbe given to the holder of the account and the financial institution where the account is kept; and\nstate the account to which it relates; and\nif it includes a direction under subsection (2) (b) , state the conditions under which the account may be operated.\ns 168 sub 2011 No. 26 s 175\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.168-ssec.1) The chief executive may give a direction under subsection (2) if, on considering a report on an audit of a land trust’s accounts, it appears to the chief executive that— the land trust, a member of the land trust or another person has, or may have, stolen, misappropriated or misapplied trust money; or the accounts of the land trust are not being kept appropriately.\n(sec.168-ssec.2) The chief executive may direct, by a notice, that— an amount must not be drawn from a stated account other than with the chief executive’s approval; or a stated account may be operated only under stated conditions.\n(sec.168-ssec.3) The direction must— be given to the holder of the account and the financial institution where the account is kept; and state the account to which it relates; and if it includes a direction under subsection (2) (b) , state the conditions under which the account may be operated.\n- (a) the land trust, a member of the land trust or another person has, or may have, stolen, misappropriated or misapplied trust money; or\n- (b) the accounts of the land trust are not being kept appropriately.\n- (a) an amount must not be drawn from a stated account other than with the chief executive’s approval; or\n- (b) a stated account may be operated only under stated conditions.\n- (a) be given to the holder of the account and the financial institution where the account is kept; and\n- (b) state the account to which it relates; and\n- (c) if it includes a direction under subsection (2) (b) , state the conditions under which the account may be operated.","sortOrder":306},{"sectionNumber":"sec.169","sectionType":"section","heading":"Financial institution must comply with direction","content":"### sec.169 Financial institution must comply with direction\n\nAfter the direction is given to a financial institution, and until it is withdrawn, the financial institution must not—\npay a cheque or other instrument drawn on the account stated in the direction unless the cheque or instrument is also signed by the chief executive; or\ngive effect to another transaction on the account that is not authorised because of the direction.\nMaximum penalty—100 penalty units.\nFor section 168 (2) (a) , the chief executive’s signature on a cheque or instrument is sufficient evidence of the chief executive’s approval to draw an amount from the account to honour the cheque or instrument.\ns 169 sub 2011 No. 26 s 175\n(sec.169-ssec.1) After the direction is given to a financial institution, and until it is withdrawn, the financial institution must not— pay a cheque or other instrument drawn on the account stated in the direction unless the cheque or instrument is also signed by the chief executive; or give effect to another transaction on the account that is not authorised because of the direction. Maximum penalty—100 penalty units.\n(sec.169-ssec.2) For section 168 (2) (a) , the chief executive’s signature on a cheque or instrument is sufficient evidence of the chief executive’s approval to draw an amount from the account to honour the cheque or instrument.\n- (a) pay a cheque or other instrument drawn on the account stated in the direction unless the cheque or instrument is also signed by the chief executive; or\n- (b) give effect to another transaction on the account that is not authorised because of the direction.","sortOrder":307},{"sectionNumber":"sec.170","sectionType":"section","heading":"Withdrawal of direction","content":"### sec.170 Withdrawal of direction\n\nThe chief executive may withdraw a direction given under section 168 at any time.\nIf the direction is withdrawn, the chief executive must immediately give all persons who were given the direction a notice, signed by the chief executive, that the direction has been withdrawn.\nA direction stops having effect when it is withdrawn.\ns 170 sub 2011 No. 26 s 175\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.170-ssec.1) The chief executive may withdraw a direction given under section 168 at any time.\n(sec.170-ssec.2) If the direction is withdrawn, the chief executive must immediately give all persons who were given the direction a notice, signed by the chief executive, that the direction has been withdrawn.\n(sec.170-ssec.3) A direction stops having effect when it is withdrawn.","sortOrder":308},{"sectionNumber":"pt.14-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":309},{"sectionNumber":"sec.171","sectionType":"section","heading":"Chief executive may prepare model rules","content":"### sec.171 Chief executive may prepare model rules\n\nThe chief executive may prepare model rules for land trusts.\nIn adopting changes to its rules, or adopting new rules, a land trust must have regard to the model rules prepared under subsection (1) .\nIf the chief executive prepares model rules under subsection (1) , the chief executive must give a copy of the model rules to each land trust.\ns 171 sub 2011 No. 26 s 175\n(sec.171-ssec.1) The chief executive may prepare model rules for land trusts.\n(sec.171-ssec.2) In adopting changes to its rules, or adopting new rules, a land trust must have regard to the model rules prepared under subsection (1) .\n(sec.171-ssec.3) If the chief executive prepares model rules under subsection (1) , the chief executive must give a copy of the model rules to each land trust.","sortOrder":310},{"sectionNumber":"sec.171A","sectionType":"section","heading":"Resolution of executive committee without meeting","content":"### sec.171A Resolution of executive committee without meeting\n\nA resolution of the executive committee of a land trust is validly made by the committee, even if it is not passed at a meeting of the committee, if—\nnotice of the proposed resolution is given, under procedures approved by the committee, to all members of the committee entitled to vote on the resolution (the voting members ); and\na majority of the voting members give written agreement to the resolution.\ns 171A ins 2013 No. 23 s 220\n- (a) notice of the proposed resolution is given, under procedures approved by the committee, to all members of the committee entitled to vote on the resolution (the voting members ); and\n- (b) a majority of the voting members give written agreement to the resolution.","sortOrder":311},{"sectionNumber":"sec.172","sectionType":"section","heading":"Provision about vesting of Torres Strait Islander land","content":"### sec.172 Provision about vesting of Torres Strait Islander land\n\nIf Torres Strait Islander land is held by a land trust, the land is taken to have been vested in the land trust.\nSubsection (1) applies to Torres Strait Islander land whether or not the land was first held by the land trust before the commencement of this section.\ns 172 amd 1993 No. 85 s 170D (amd 1994 No. 61 s 2 sch 2 )\nsub 2011 No. 26 s 175\n(sec.172-ssec.1) If Torres Strait Islander land is held by a land trust, the land is taken to have been vested in the land trust.\n(sec.172-ssec.2) Subsection (1) applies to Torres Strait Islander land whether or not the land was first held by the land trust before the commencement of this section.","sortOrder":312},{"sectionNumber":"pt.15","sectionType":"part","heading":"Application of Trusts Act 1973","content":"# Application of Trusts Act 1973","sortOrder":313},{"sectionNumber":"pt.15-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":314},{"sectionNumber":"sec.173","sectionType":"section","heading":"Application of Trusts Act 1973","content":"### sec.173 Application of Trusts Act 1973\n\nThe Trusts Act 1973 applies to a land trust and its members in relation to dealings with Torres Strait Islander land only to the extent prescribed under this part.\nTo the extent that the Trusts Act 1973 does apply to a land trust and its members in relation to dealings with Torres Strait Islander land, it applies with the changes prescribed under this part.\nTo remove any doubt, it is declared that the Trusts Act 1973 applies, without changes, to a land trust and its members in relation to dealings with trust property that is not Torres Strait Islander land.\ns 173 amd 2003 No. 77 s 125 ; 2008 No. 29 s 73 sch\nsub 2011 No. 26 s 175\n(sec.173-ssec.1) The Trusts Act 1973 applies to a land trust and its members in relation to dealings with Torres Strait Islander land only to the extent prescribed under this part.\n(sec.173-ssec.2) To the extent that the Trusts Act 1973 does apply to a land trust and its members in relation to dealings with Torres Strait Islander land, it applies with the changes prescribed under this part.\n(sec.173-ssec.3) To remove any doubt, it is declared that the Trusts Act 1973 applies, without changes, to a land trust and its members in relation to dealings with trust property that is not Torres Strait Islander land.","sortOrder":315},{"sectionNumber":"pt.15-div.2","sectionType":"division","heading":"Powers of Supreme Court","content":"## Powers of Supreme Court","sortOrder":316},{"sectionNumber":"sec.174","sectionType":"section","heading":"Jurisdiction of Supreme Court","content":"### sec.174 Jurisdiction of Supreme Court\n\nSubject to subsection (2) , the jurisdiction of the Supreme Court under the Trusts Act 1973 includes matters arising under this Act.\nThe powers of the Supreme Court under the Trusts Act 1973 are to be exercised—\nif provision is made in this part for a matter—in accordance with this part; or\notherwise—in a way that is consistent with, and best achieves, the purposes of this Act.\ns 174 sub 2011 No. 26 s 175\n(sec.174-ssec.1) Subject to subsection (2) , the jurisdiction of the Supreme Court under the Trusts Act 1973 includes matters arising under this Act.\n(sec.174-ssec.2) The powers of the Supreme Court under the Trusts Act 1973 are to be exercised— if provision is made in this part for a matter—in accordance with this part; or otherwise—in a way that is consistent with, and best achieves, the purposes of this Act.\n- (a) if provision is made in this part for a matter—in accordance with this part; or\n- (b) otherwise—in a way that is consistent with, and best achieves, the purposes of this Act.","sortOrder":317},{"sectionNumber":"sec.175","sectionType":"section","heading":"Power of court to relieve member of land trust from personal liability","content":"### sec.175 Power of court to relieve member of land trust from personal liability\n\nThis section applies if it appears to the Supreme Court that a member of a land trust is or may be personally liable for a breach of trust by the member, another member or the land trust.\nIf it appears to the court that the member—\nhas acted honestly and reasonably; and\nought fairly to be excused for the breach of trust or for omitting to obtain the directions of the court in the matter in which the member, the other member or the land trust committed the breach;\nthe court may relieve the member wholly or partly from personal liability for the breach.\ns 175 sub 2011 No. 26 s 175\n(sec.175-ssec.1) This section applies if it appears to the Supreme Court that a member of a land trust is or may be personally liable for a breach of trust by the member, another member or the land trust.\n(sec.175-ssec.2) If it appears to the court that the member— has acted honestly and reasonably; and ought fairly to be excused for the breach of trust or for omitting to obtain the directions of the court in the matter in which the member, the other member or the land trust committed the breach; the court may relieve the member wholly or partly from personal liability for the breach.\n- (a) has acted honestly and reasonably; and\n- (b) ought fairly to be excused for the breach of trust or for omitting to obtain the directions of the court in the matter in which the member, the other member or the land trust committed the breach;","sortOrder":318},{"sectionNumber":"sec.176","sectionType":"section","heading":"Court may order beneficiary to indemnify for certain breaches","content":"### sec.176 Court may order beneficiary to indemnify for certain breaches\n\nThis section applies if a land trust or a member of a land trust commits a breach of trust at the instigation or request of, or with the written consent of, a beneficiary.\nThe Supreme Court may, as it considers just, order that all or part of the interest of the beneficiary in the trust property is impounded to indemnify the land trust, the member or persons claiming through the land trust or member.\ns 176 amd 1993 No. 85 s 170E (amd 1994 No. 61 s 2 sch 2 )\nsub 2011 No. 26 s 175\n(sec.176-ssec.1) This section applies if a land trust or a member of a land trust commits a breach of trust at the instigation or request of, or with the written consent of, a beneficiary.\n(sec.176-ssec.2) The Supreme Court may, as it considers just, order that all or part of the interest of the beneficiary in the trust property is impounded to indemnify the land trust, the member or persons claiming through the land trust or member.","sortOrder":319},{"sectionNumber":"sec.177","sectionType":"section","heading":"Right of land trust or member to apply to court for directions","content":"### sec.177 Right of land trust or member to apply to court for directions\n\nA land trust or member of a land trust may apply to the Supreme Court for directions in relation to—\nthe trust property of the land trust or its management or administration; or\nthe exercise of a power of the land trust or a member of the land trust.\nThe application must be served on, and the hearing of the application may be attended by—\nall persons interested in the application; or\nthe persons interested in the application, or their representatives, that the court considers appropriate.\ns 177 sub 2011 No. 26 s 175\n(sec.177-ssec.1) A land trust or member of a land trust may apply to the Supreme Court for directions in relation to— the trust property of the land trust or its management or administration; or the exercise of a power of the land trust or a member of the land trust.\n(sec.177-ssec.2) The application must be served on, and the hearing of the application may be attended by— all persons interested in the application; or the persons interested in the application, or their representatives, that the court considers appropriate.\n- (a) the trust property of the land trust or its management or administration; or\n- (b) the exercise of a power of the land trust or a member of the land trust.\n- (a) all persons interested in the application; or\n- (b) the persons interested in the application, or their representatives, that the court considers appropriate.","sortOrder":320},{"sectionNumber":"sec.178","sectionType":"section","heading":"Court’s jurisdiction to make orders conferring power on land trust or members","content":"### sec.178 Court’s jurisdiction to make orders conferring power on land trust or members\n\nThis section applies if, in the Supreme Court’s opinion, a disposition or transaction—\nis expedient for the management or administration of trust property by a land trust or members of a land trust; or\nwould be in the best interest of the Torres Strait Islanders, or a majority of the Torres Strait Islanders, for whose benefit the property is held;\nbut—\nit is inexpedient, difficult or impractical to effect the disposition or transaction without the assistance of the Supreme Court; or\nthe land trust or members do not have power under the Act to effect the disposition or transaction.\nThe Supreme Court may—\nconfer on the land trust or members the necessary power for the purpose of effecting the disposition or transaction (other than a power to sell or mortgage Torres Strait Islander land), on such terms and subject to any conditions, as the court considers appropriate; and\ndirect the way that—\nany amount authorised to be spent, and the costs of the disposition or transaction, are to be paid or borne from trust property; and\nthe amount is to be apportioned between the capital and income of the trust property.\nThe Supreme Court may—\nrescind or vary an order under this section; or\nmake a new or further order.\nThe rescission or variation of an order does not affect anything done by a person relying on the order before the person became aware of the application to the court to rescind or vary the order.\nAn application to the court under this section may be made by—\na land trust; or\na member of a land trust; or\na person for whose benefit the trust property is held.\nIn this section—\ndisposition means a sale, lease, mortgage, surrender, release or another type of disposition.\ntransaction means a purchase, investment, acquisition, retention, expenditure or another type of transaction.\ns 178 sub 2011 No. 26 s 175\n(sec.178-ssec.1) This section applies if, in the Supreme Court’s opinion, a disposition or transaction— is expedient for the management or administration of trust property by a land trust or members of a land trust; or would be in the best interest of the Torres Strait Islanders, or a majority of the Torres Strait Islanders, for whose benefit the property is held; but— it is inexpedient, difficult or impractical to effect the disposition or transaction without the assistance of the Supreme Court; or the land trust or members do not have power under the Act to effect the disposition or transaction.\n(sec.178-ssec.2) The Supreme Court may— confer on the land trust or members the necessary power for the purpose of effecting the disposition or transaction (other than a power to sell or mortgage Torres Strait Islander land), on such terms and subject to any conditions, as the court considers appropriate; and direct the way that— any amount authorised to be spent, and the costs of the disposition or transaction, are to be paid or borne from trust property; and the amount is to be apportioned between the capital and income of the trust property.\n(sec.178-ssec.3) The Supreme Court may— rescind or vary an order under this section; or make a new or further order.\n(sec.178-ssec.4) The rescission or variation of an order does not affect anything done by a person relying on the order before the person became aware of the application to the court to rescind or vary the order.\n(sec.178-ssec.5) An application to the court under this section may be made by— a land trust; or a member of a land trust; or a person for whose benefit the trust property is held.\n(sec.178-ssec.6) In this section— disposition means a sale, lease, mortgage, surrender, release or another type of disposition. transaction means a purchase, investment, acquisition, retention, expenditure or another type of transaction.\n- (a) is expedient for the management or administration of trust property by a land trust or members of a land trust; or\n- (b) would be in the best interest of the Torres Strait Islanders, or a majority of the Torres Strait Islanders, for whose benefit the property is held;\n- (c) it is inexpedient, difficult or impractical to effect the disposition or transaction without the assistance of the Supreme Court; or\n- (d) the land trust or members do not have power under the Act to effect the disposition or transaction.\n- (a) confer on the land trust or members the necessary power for the purpose of effecting the disposition or transaction (other than a power to sell or mortgage Torres Strait Islander land), on such terms and subject to any conditions, as the court considers appropriate; and\n- (b) direct the way that— (i) any amount authorised to be spent, and the costs of the disposition or transaction, are to be paid or borne from trust property; and (ii) the amount is to be apportioned between the capital and income of the trust property.\n- (i) any amount authorised to be spent, and the costs of the disposition or transaction, are to be paid or borne from trust property; and\n- (ii) the amount is to be apportioned between the capital and income of the trust property.\n- (i) any amount authorised to be spent, and the costs of the disposition or transaction, are to be paid or borne from trust property; and\n- (ii) the amount is to be apportioned between the capital and income of the trust property.\n- (a) rescind or vary an order under this section; or\n- (b) make a new or further order.\n- (a) a land trust; or\n- (b) a member of a land trust; or\n- (c) a person for whose benefit the trust property is held.","sortOrder":321},{"sectionNumber":"sec.179","sectionType":"section","heading":"Protection of land trust or member while acting under direction of court","content":"### sec.179 Protection of land trust or member while acting under direction of court\n\nIf a land trust or member of a land trust acts under direction of the Supreme Court, the land trust or member is to be taken to have discharged the duty as trustee in the subject matter of the direction.\nSubsection (1) applies even if the direction is subsequently declared invalid, overruled, set aside or otherwise rendered of no effect or varied.\nThis section does not indemnify a land trust or member of a land trust in relation to an act done in accordance with a direction of the court obtained by the land trust or member by fraud, wilful concealment or misrepresentation or in acquiescence in the fraud, wilful concealment or misrepresentation.\ns 179 sub 2011 No. 26 s 175\n(sec.179-ssec.1) If a land trust or member of a land trust acts under direction of the Supreme Court, the land trust or member is to be taken to have discharged the duty as trustee in the subject matter of the direction.\n(sec.179-ssec.2) Subsection (1) applies even if the direction is subsequently declared invalid, overruled, set aside or otherwise rendered of no effect or varied.\n(sec.179-ssec.3) This section does not indemnify a land trust or member of a land trust in relation to an act done in accordance with a direction of the court obtained by the land trust or member by fraud, wilful concealment or misrepresentation or in acquiescence in the fraud, wilful concealment or misrepresentation.","sortOrder":322},{"sectionNumber":"sec.180","sectionType":"section","heading":"Power of Supreme Court to make orders in absence of member","content":"### sec.180 Power of Supreme Court to make orders in absence of member\n\nIf, in a proceeding under this Act, the Supreme Court is satisfied that—\na diligent search has been made for a member of a land trust who is named as a party in an action; and\nthe member can not be found to serve the member with a process of the court;\nthe court may hear and decide the proceeding and give judgment against the member as if the member had been served or had entered an appearance in the action, and had also appeared by counsel or solicitor at the hearing.\nSubsection (1) applies without prejudice to any interest the member may have in the matter in question in the proceeding in any other capacity.\nIf a member, at the time of the proceeding—\nis not within the jurisdiction; or\nis under a disability; or\ncan not be found;\nthe court may appoint a person to represent the member and may proceed in the absence of the member, and all orders made in the proceeding are binding on the member as if the member had been present and of full capacity.\ns 180 amd 2003 No. 77 s 126 ; 2008 No. 29 s 73 sch\nsub 2011 No. 26 s 175\n(sec.180-ssec.1) If, in a proceeding under this Act, the Supreme Court is satisfied that— a diligent search has been made for a member of a land trust who is named as a party in an action; and the member can not be found to serve the member with a process of the court; the court may hear and decide the proceeding and give judgment against the member as if the member had been served or had entered an appearance in the action, and had also appeared by counsel or solicitor at the hearing.\n(sec.180-ssec.2) Subsection (1) applies without prejudice to any interest the member may have in the matter in question in the proceeding in any other capacity.\n(sec.180-ssec.3) If a member, at the time of the proceeding— is not within the jurisdiction; or is under a disability; or can not be found; the court may appoint a person to represent the member and may proceed in the absence of the member, and all orders made in the proceeding are binding on the member as if the member had been present and of full capacity.\n- (a) a diligent search has been made for a member of a land trust who is named as a party in an action; and\n- (b) the member can not be found to serve the member with a process of the court;\n- (a) is not within the jurisdiction; or\n- (b) is under a disability; or\n- (c) can not be found;","sortOrder":323},{"sectionNumber":"sec.181","sectionType":"section","heading":"Power of Supreme Court to charge costs on trust property","content":"### sec.181 Power of Supreme Court to charge costs on trust property\n\nThe Supreme Court may order the cost and expenses of, and incidental to, an application for an order or direction under this part—\nto be paid or raised out of the trust property (other than Torres Strait Islander land) as the court considers appropriate; or\nto be borne and paid in the way and by the persons as the court considers just.\ns 181 amd 1993 No. 85 s 171A (amd 1994 No. 61 s 2 sch 2 ); 2003 No. 77 s 127 ; 2008 No. 29 s 73 sch\nsub 2011 No. 26 s 175\n- (a) to be paid or raised out of the trust property (other than Torres Strait Islander land) as the court considers appropriate; or\n- (b) to be borne and paid in the way and by the persons as the court considers just.","sortOrder":324},{"sectionNumber":"pt.16","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":325},{"sectionNumber":"sec.182","sectionType":"section","heading":"Who may appeal","content":"### sec.182 Who may appeal\n\nA person who made representations to the Minister under part 2 , division 4 about a proposed declaration under section 13 (1) (d) may appeal to the Land Court against the decision to make the declaration.\nA person who is given, or is entitled to be given, an information notice for a decision under part 2A may appeal to the Land Court against the decision.\nA lessee of a home ownership lease the subject of a decision under section 101 to not renew the lease may appeal to the Land Court against the decision.\nA person the subject of a decision under section 107 about an amount payable to the person for forfeiture or non-renewal of a home ownership lease may appeal to the Land Court against the decision.\nA member of a land trust who is given, or is entitled to be given, an information notice under part 14 , division 2 about a decision to remove or suspend the member from the land trust may appeal to the Land Court against the decision.\ns 182 sub 2011 No. 26 s 175\namd 2014 No. 45 s 48\n(sec.182-ssec.1) A person who made representations to the Minister under part 2 , division 4 about a proposed declaration under section 13 (1) (d) may appeal to the Land Court against the decision to make the declaration.\n(sec.182-ssec.2) A person who is given, or is entitled to be given, an information notice for a decision under part 2A may appeal to the Land Court against the decision.\n(sec.182-ssec.3) A lessee of a home ownership lease the subject of a decision under section 101 to not renew the lease may appeal to the Land Court against the decision.\n(sec.182-ssec.4) A person the subject of a decision under section 107 about an amount payable to the person for forfeiture or non-renewal of a home ownership lease may appeal to the Land Court against the decision.\n(sec.182-ssec.5) A member of a land trust who is given, or is entitled to be given, an information notice under part 14 , division 2 about a decision to remove or suspend the member from the land trust may appeal to the Land Court against the decision.","sortOrder":326},{"sectionNumber":"sec.183","sectionType":"section","heading":"Starting appeal","content":"### sec.183 Starting appeal\n\nAn appeal is started by filing notice of appeal with the registrar of the Land Court.\nThe notice of appeal must be filed within 28 days after the person receives the notice of the decision or information notice about the decision.\nHowever, the Land Court may, at any time within the 28 days, extend the period for making the appeal.\ns 183 ins 1993 No. 85 s 172 (amd 1994 No. 61 s 2 sch 2 )\namd 1998 No. 30 s 21 sch ; 1999 No. 19 s 3 sch\nsub 2011 No. 26 s 175\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.183-ssec.1) An appeal is started by filing notice of appeal with the registrar of the Land Court.\n(sec.183-ssec.2) The notice of appeal must be filed within 28 days after the person receives the notice of the decision or information notice about the decision.\n(sec.183-ssec.3) However, the Land Court may, at any time within the 28 days, extend the period for making the appeal.","sortOrder":327},{"sectionNumber":"sec.184","sectionType":"section","heading":"Nature of appeal","content":"### sec.184 Nature of appeal\n\nThe appeal is by way of rehearing, unaffected by the decision, on the material before the decision-maker and any further evidence allowed by the Land Court.\ns 184 sub 2011 No. 26 s 175","sortOrder":328},{"sectionNumber":"sec.185","sectionType":"section","heading":"Notice of appeal","content":"### sec.185 Notice of appeal\n\nA person who appeals against a decision under this part must give a copy of the notice of appeal to—\nfor a decision mentioned in section 182 (1) , (2) , (3) or (4) —the decision-maker; or\nfor a decision mentioned in section 182 (5) —the decision-maker and the land trust.\ns 185 ins 1993 No. 85 s 172A (amd 1994 No. 61 s 2 sch 2 )\nsub 2011 No. 26 s 175\namd 2014 No. 45 s 49\n- (a) for a decision mentioned in section 182 (1) , (2) , (3) or (4) —the decision-maker; or\n- (b) for a decision mentioned in section 182 (5) —the decision-maker and the land trust.","sortOrder":329},{"sectionNumber":"sec.186","sectionType":"section","heading":"Powers of Land Court on appeal","content":"### sec.186 Powers of Land Court on appeal\n\nIn deciding the appeal, the Land Court has the same powers as the decision-maker.\nThe Land Court may—\nconfirm the decision; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the issue to the decision-maker with directions the court considers appropriate.\nIf the Land Court substitutes another decision, the substituted decision is, other than for the purpose of an appeal under this part, taken to be the decision of the decision-maker.\ns 186 sub 2011 No. 26 s 175\n(sec.186-ssec.1) In deciding the appeal, the Land Court has the same powers as the decision-maker.\n(sec.186-ssec.2) The Land Court may— confirm the decision; or set aside the decision and substitute another decision; or set aside the decision and return the issue to the decision-maker with directions the court considers appropriate.\n(sec.186-ssec.3) If the Land Court substitutes another decision, the substituted decision is, other than for the purpose of an appeal under this part, taken to be the decision of the decision-maker.\n- (a) confirm the decision; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the issue to the decision-maker with directions the court considers appropriate.","sortOrder":330},{"sectionNumber":"pt.17","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":331},{"sectionNumber":"sec.187","sectionType":"section","heading":"Creation of interests in transferable land","content":"### sec.187 Creation of interests in transferable land\n\nNothing in this Act prevents the creation of an interest in transferable land if—\nthe interest is a—\nmining interest; or\ngeothermal tenure under the Geothermal Energy Act 2010 ; or\nGHG authority under the Greenhouse Gas Storage Act 2009 ; or\nresidential tenancy; or\nlease or permit granted in relation to transferable land that is Torres Strait Islander trust land; or\nthe interest is the transfer, mortgage or sublease of a trustee (Torres Strait Islander) lease; or\nfor another interest—the Minister, subject to subsection (2) , consents to the creation of the interest.\nThe Minister must not consent under subsection (1) (c) to the creation of the interest unless the Minister is satisfied that the creation of the interest is for the benefit of Torres Strait Islanders particularly concerned with the land.\nThe Minister may give a relevant entity a written authority dispensing with the need to obtain the Minister’s consent to the creation of a particular type of interest in transferable land if the Minister considers it is appropriate in all the circumstances to give the authority.\nThis section has effect despite anything in any other Act.\nIn this section—\nrelevant entity means a trustee, under the Land Act , of Torres Strait Islander trust land.\ns 187 amd 2004 No. 12 s 162 ; 2009 No. 3 s 602 ; 2011 No. 26 s 176 ; 2010 No. 31 s 575 sch 2 pt 4 (amdt 4 (to the extent it amends s 187 (3) (a) (ii) ) could not be given effect)\n(sec.187-ssec.1) Nothing in this Act prevents the creation of an interest in transferable land if— the interest is a— mining interest; or geothermal tenure under the Geothermal Energy Act 2010 ; or GHG authority under the Greenhouse Gas Storage Act 2009 ; or residential tenancy; or lease or permit granted in relation to transferable land that is Torres Strait Islander trust land; or the interest is the transfer, mortgage or sublease of a trustee (Torres Strait Islander) lease; or for another interest—the Minister, subject to subsection (2) , consents to the creation of the interest.\n(sec.187-ssec.2) The Minister must not consent under subsection (1) (c) to the creation of the interest unless the Minister is satisfied that the creation of the interest is for the benefit of Torres Strait Islanders particularly concerned with the land.\n(sec.187-ssec.3) The Minister may give a relevant entity a written authority dispensing with the need to obtain the Minister’s consent to the creation of a particular type of interest in transferable land if the Minister considers it is appropriate in all the circumstances to give the authority.\n(sec.187-ssec.4) This section has effect despite anything in any other Act.\n(sec.187-ssec.5) In this section— relevant entity means a trustee, under the Land Act , of Torres Strait Islander trust land.\n- (a) the interest is a— (i) mining interest; or (ii) geothermal tenure under the Geothermal Energy Act 2010 ; or (iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or (iv) residential tenancy; or (v) lease or permit granted in relation to transferable land that is Torres Strait Islander trust land; or\n- (i) mining interest; or\n- (ii) geothermal tenure under the Geothermal Energy Act 2010 ; or\n- (iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or\n- (iv) residential tenancy; or\n- (v) lease or permit granted in relation to transferable land that is Torres Strait Islander trust land; or\n- (b) the interest is the transfer, mortgage or sublease of a trustee (Torres Strait Islander) lease; or\n- (c) for another interest—the Minister, subject to subsection (2) , consents to the creation of the interest.\n- (i) mining interest; or\n- (ii) geothermal tenure under the Geothermal Energy Act 2010 ; or\n- (iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or\n- (iv) residential tenancy; or\n- (v) lease or permit granted in relation to transferable land that is Torres Strait Islander trust land; or","sortOrder":332},{"sectionNumber":"sec.188","sectionType":"section","heading":"Rights of access to interests preserved","content":"### sec.188 Rights of access to interests preserved\n\nThis section applies if—\na person has an interest in land (the person’s land ); and\nthe person’s land is—\nsurrounded by Torres Strait Islander land; or\nin the vicinity of Torres Strait Islander land and the only practicable way of gaining access to the person’s land is across the Torres Strait Islander land.\nThe person and the person’s officers, employees, agents, servants, licensees and invitees are entitled, with or without vehicles, machinery, plant and equipment (of any description), to enter and cross Torres Strait Islander land for the purpose of gaining access to the person’s land by a route—\nthat is agreed on from time to time by the trustee of the Torres Strait Islander land and the person; or\nif the trustee and the person fail to agree within a reasonable time—that is determined by the Land Court on application by the trustee or person.\nThe trustee of Torres Strait Islander land, other than a registered native title body corporate, must not agree on a route for subsection (2) (a) unless—\nthe trustee has explained to the Torres Strait Islanders particularly concerned with the land the purpose and effect of the proposed route; and\nthe Torres Strait Islanders are given an adequate opportunity to express their views on, and are generally in agreement with, the proposed route.\nContravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (a) .\nIf the only practicable way of gaining access to the person’s land is across Torres Strait Islander land that is the subject of a townsite lease or other registered interest ( relevant land )—\nsubsection (2) applies to the relevant land as if the reference to the trustee of the Torres Strait Islander land, or the trustee, were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and\nsubsection (3) does not apply.\nSubsection (5) does not affect the operation of subsections (2) and (3) in relation to Torres Strait Islander land that is not relevant land.\ns 188 amd 2008 No. 29 s 91 ; 2011 No. 26 s 177\n(sec.188-ssec.1) This section applies if— a person has an interest in land (the person’s land ); and the person’s land is— surrounded by Torres Strait Islander land; or in the vicinity of Torres Strait Islander land and the only practicable way of gaining access to the person’s land is across the Torres Strait Islander land.\n(sec.188-ssec.2) The person and the person’s officers, employees, agents, servants, licensees and invitees are entitled, with or without vehicles, machinery, plant and equipment (of any description), to enter and cross Torres Strait Islander land for the purpose of gaining access to the person’s land by a route— that is agreed on from time to time by the trustee of the Torres Strait Islander land and the person; or if the trustee and the person fail to agree within a reasonable time—that is determined by the Land Court on application by the trustee or person.\n(sec.188-ssec.3) The trustee of Torres Strait Islander land, other than a registered native title body corporate, must not agree on a route for subsection (2) (a) unless— the trustee has explained to the Torres Strait Islanders particularly concerned with the land the purpose and effect of the proposed route; and the Torres Strait Islanders are given an adequate opportunity to express their views on, and are generally in agreement with, the proposed route.\n(sec.188-ssec.4) Contravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (a) .\n(sec.188-ssec.5) If the only practicable way of gaining access to the person’s land is across Torres Strait Islander land that is the subject of a townsite lease or other registered interest ( relevant land )— subsection (2) applies to the relevant land as if the reference to the trustee of the Torres Strait Islander land, or the trustee, were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and subsection (3) does not apply.\n(sec.188-ssec.6) Subsection (5) does not affect the operation of subsections (2) and (3) in relation to Torres Strait Islander land that is not relevant land.\n- (a) a person has an interest in land (the person’s land ); and\n- (b) the person’s land is— (i) surrounded by Torres Strait Islander land; or (ii) in the vicinity of Torres Strait Islander land and the only practicable way of gaining access to the person’s land is across the Torres Strait Islander land.\n- (i) surrounded by Torres Strait Islander land; or\n- (ii) in the vicinity of Torres Strait Islander land and the only practicable way of gaining access to the person’s land is across the Torres Strait Islander land.\n- (i) surrounded by Torres Strait Islander land; or\n- (ii) in the vicinity of Torres Strait Islander land and the only practicable way of gaining access to the person’s land is across the Torres Strait Islander land.\n- (a) that is agreed on from time to time by the trustee of the Torres Strait Islander land and the person; or\n- (b) if the trustee and the person fail to agree within a reasonable time—that is determined by the Land Court on application by the trustee or person.\n- (a) the trustee has explained to the Torres Strait Islanders particularly concerned with the land the purpose and effect of the proposed route; and\n- (b) the Torres Strait Islanders are given an adequate opportunity to express their views on, and are generally in agreement with, the proposed route.\n- (a) subsection (2) applies to the relevant land as if the reference to the trustee of the Torres Strait Islander land, or the trustee, were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and\n- (b) subsection (3) does not apply.","sortOrder":333},{"sectionNumber":"sec.189","sectionType":"section","heading":"Persons and bodies representing State or Commonwealth","content":"### sec.189 Persons and bodies representing State or Commonwealth\n\nThe regulations may declare that a person or body is to be treated for the purposes of this Act, or a particular provision of this Act, as representing, or as not representing, the State or the Commonwealth (whether generally or in relation to a particular area or class of land).\ns 189 amd 2011 No. 26 s 178","sortOrder":334},{"sectionNumber":"sec.190","sectionType":"section","heading":"Delegation by Minister","content":"### sec.190 Delegation by Minister\n\nThe Minister may, by signed writing, delegate to an officer of the public service all or any of the Minister’s powers under or in relation to this Act.\ns 190 amd 2008 No. 29 s 92 ; 2011 No. 26 s 179","sortOrder":335},{"sectionNumber":"sec.191","sectionType":"section","heading":"Amendment of description of land","content":"### sec.191 Amendment of description of land\n\nIf, at any time after a deed of grant under this Act takes effect, greater certainty, by survey or otherwise, is obtained as to the boundaries of the land, the trustee must, on receipt of a notice to do so by the chief executive, surrender to the State the deed to the land within such reasonable period as is specified in the notice.\nOn surrender of the trustee’s deed, a new deed of grant delineating the amended boundaries is to be issued to the trustee.\nThe new deed of grant is to be issued on the same ground (if any) as the surrendered deed of grant.\nThe registrar must endorse on the new deed of grant, in the proper order or priority, the instruments under which existing relevant interests arose.\ns 191 amd 2011 No. 26 s 181 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2021 No. 12 s 148 sch 3\n(sec.191-ssec.1) If, at any time after a deed of grant under this Act takes effect, greater certainty, by survey or otherwise, is obtained as to the boundaries of the land, the trustee must, on receipt of a notice to do so by the chief executive, surrender to the State the deed to the land within such reasonable period as is specified in the notice.\n(sec.191-ssec.2) On surrender of the trustee’s deed, a new deed of grant delineating the amended boundaries is to be issued to the trustee.\n(sec.191-ssec.3) The new deed of grant is to be issued on the same ground (if any) as the surrendered deed of grant.\n(sec.191-ssec.4) The registrar must endorse on the new deed of grant, in the proper order or priority, the instruments under which existing relevant interests arose.","sortOrder":336},{"sectionNumber":"sec.192","sectionType":"section","heading":"Dealing with particular trust property","content":"### sec.192 Dealing with particular trust property\n\nSubsection (2) applies to a trustee, other than the State, if the trustee receives an amount paid under section 93 (3) for the price of a dwelling.\nThe trustee must ensure an amount equal to the lease amount received is used by the trustee for housing services for Torres Strait Islanders concerned with the land held by the trustee.\nSubsection (4) applies to the lessee of a townsite lease if the lessee receives an amount paid under section 93 (3) for the price of a dwelling.\nThe lessee must ensure an amount equal to the amount received is used by the lessee for housing services for Torres Strait Islanders concerned with the land the subject of the townsite lease.\nSubsection (6) applies to the trustee of available land if the trustee receives an amount for a social housing dwelling situated on the available land.\nThe trustee must ensure an amount equal to the amount received is used by the trustee for housing services for Torres Strait Islanders concerned with the land held by the trustee.\nIn this section—\nhousing service means—\nproviding housing to an individual for residential use; or\nany of the following kinds of service—\ntenant advisory services;\ntenant advocacy services;\nhome maintenance services;\nhome modification services;\nhousing-related referral and information services.\ntrustee includes a trustee, under the Land Act , of Torres Strait Islander trust land.\ns 192 ins 2008 No. 29 s 93\nsub 2011 No. 26 s 182\namd 2014 No. 45 s 50 ; 2019 No. 7 s 311\n(sec.192-ssec.1) Subsection (2) applies to a trustee, other than the State, if the trustee receives an amount paid under section 93 (3) for the price of a dwelling.\n(sec.192-ssec.2) The trustee must ensure an amount equal to the lease amount received is used by the trustee for housing services for Torres Strait Islanders concerned with the land held by the trustee.\n(sec.192-ssec.3) Subsection (4) applies to the lessee of a townsite lease if the lessee receives an amount paid under section 93 (3) for the price of a dwelling.\n(sec.192-ssec.4) The lessee must ensure an amount equal to the amount received is used by the lessee for housing services for Torres Strait Islanders concerned with the land the subject of the townsite lease.\n(sec.192-ssec.5) Subsection (6) applies to the trustee of available land if the trustee receives an amount for a social housing dwelling situated on the available land.\n(sec.192-ssec.6) The trustee must ensure an amount equal to the amount received is used by the trustee for housing services for Torres Strait Islanders concerned with the land held by the trustee.\n(sec.192-ssec.7) In this section— housing service means— providing housing to an individual for residential use; or any of the following kinds of service— tenant advisory services; tenant advocacy services; home maintenance services; home modification services; housing-related referral and information services. trustee includes a trustee, under the Land Act , of Torres Strait Islander trust land.\n- (a) providing housing to an individual for residential use; or\n- (b) any of the following kinds of service— (i) tenant advisory services; (ii) tenant advocacy services; (iii) home maintenance services; (iv) home modification services; (v) housing-related referral and information services.\n- (i) tenant advisory services;\n- (ii) tenant advocacy services;\n- (iii) home maintenance services;\n- (iv) home modification services;\n- (v) housing-related referral and information services.\n- (i) tenant advisory services;\n- (ii) tenant advocacy services;\n- (iii) home maintenance services;\n- (iv) home modification services;\n- (v) housing-related referral and information services.","sortOrder":337},{"sectionNumber":"sec.193","sectionType":"section","heading":"Register of particular declarations","content":"### sec.193 Register of particular declarations\n\nThe chief executive must keep a register of declarations made by the Minister under the following sections—\nsection 9 (1) (c) ;\nsection 11 (1) ;\nsection 22 (1) ;\nsection 23 (2) ;\nsection 50 (1) or (2) ;\nsection 164 (2) .\nThe register may be kept in a way the chief executive considers appropriate, including, for example, in electronic form.\nThe chief executive must make the information contained in the register publicly available on the department’s website free of charge.\ns 193 prev s 193 ins 2008 No. 29 s 93\namd 2008 No. 73 s 554 sch 1\nom 2014 No. 45 s 51\npres s 193 ins 2019 No. 17 s 97\n(sec.193-ssec.1) The chief executive must keep a register of declarations made by the Minister under the following sections— section 9 (1) (c) ; section 11 (1) ; section 22 (1) ; section 23 (2) ; section 50 (1) or (2) ; section 164 (2) .\n(sec.193-ssec.2) The register may be kept in a way the chief executive considers appropriate, including, for example, in electronic form.\n(sec.193-ssec.3) The chief executive must make the information contained in the register publicly available on the department’s website free of charge.\n- (a) section 9 (1) (c) ;\n- (b) section 11 (1) ;\n- (c) section 22 (1) ;\n- (d) section 23 (2) ;\n- (e) section 50 (1) or (2) ;\n- (f) section 164 (2) .","sortOrder":338},{"sectionNumber":"sec.194","sectionType":"section","heading":"Survey costs etc. to be paid by State","content":"### sec.194 Survey costs etc. to be paid by State\n\nSurvey costs incurred in relation to the preparation of a deed of grant under section 34 or 191 are to be paid by the State.\nNo fees or charges are payable for the preparation and registration of—\na deed of grant in fee simple under this Act; or\na surrender, under or for this Act, of a deed of grant mentioned in paragraph (a) .\nThis section has effect despite any other Act.\ns 194 amd 2001 No. 71 s 551 sch 1 ; 2011 No. 26 s 183\n(sec.194-ssec.1) Survey costs incurred in relation to the preparation of a deed of grant under section 34 or 191 are to be paid by the State.\n(sec.194-ssec.2) No fees or charges are payable for the preparation and registration of— a deed of grant in fee simple under this Act; or a surrender, under or for this Act, of a deed of grant mentioned in paragraph (a) .\n(sec.194-ssec.3) This section has effect despite any other Act.\n- (a) a deed of grant in fee simple under this Act; or\n- (b) a surrender, under or for this Act, of a deed of grant mentioned in paragraph (a) .","sortOrder":339},{"sectionNumber":"sec.195","sectionType":"section","heading":"Application of Financial Accountability Act 2009","content":"### sec.195 Application of Financial Accountability Act 2009\n\nA land trust is not a statutory body for the Financial Accountability Act 2009 .\nHowever, a land trust must, at all reasonable times—\nallow a suitably qualified person appointed by the chief executive to audit the accounts of the land trust; and\ngive the person appointed to audit the accounts of the land trust the help the person reasonably requires for conducting the audit, including disclosing institution account details.\ns 195 ins 1998 No. 24 s 13\namd 2009 No. 9 s 136 sch 1 ; 2011 No. 26 s 184\n(sec.195-ssec.1) A land trust is not a statutory body for the Financial Accountability Act 2009 .\n(sec.195-ssec.2) However, a land trust must, at all reasonable times— allow a suitably qualified person appointed by the chief executive to audit the accounts of the land trust; and give the person appointed to audit the accounts of the land trust the help the person reasonably requires for conducting the audit, including disclosing institution account details.\n- (a) allow a suitably qualified person appointed by the chief executive to audit the accounts of the land trust; and\n- (b) give the person appointed to audit the accounts of the land trust the help the person reasonably requires for conducting the audit, including disclosing institution account details.","sortOrder":340},{"sectionNumber":"sec.196","sectionType":"section","heading":"Approval of forms","content":"### sec.196 Approval of forms\n\nThe chief executive may approve forms for use under this Act.\ns 196 ins 1998 No. 24 s 13","sortOrder":341},{"sectionNumber":"sec.197","sectionType":"section","heading":"Regulation-making power","content":"### sec.197 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may make provision for—\nmatters relevant to the operations, including the functions, of a land trust; and\nthe indemnification of members of a land trust from personal liability; and\nrules for land trusts, including, for example, the adoption of rules and the matters that must be included in the rules; and\naccounting requirements for land trusts, including, for example, keeping accounts, preparing financial statements, auditing accounts and giving audit reports to the chief executive; and\nthe minimum annual rental amount payable by the State under a lease granted to the State under this Act.\ns 197 amd 1993 No. 85 s 172C (amd 1994 No. 61 s 2 sch 2 ); 1998 No. 24 s 14 ; 2004 No. 4 s 57 sch ; 2008 No. 29 s 94 ; 2011 No. 26 s 185\n(sec.197-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.197-ssec.2) Without limiting subsection (1) , a regulation may make provision for— matters relevant to the operations, including the functions, of a land trust; and the indemnification of members of a land trust from personal liability; and rules for land trusts, including, for example, the adoption of rules and the matters that must be included in the rules; and accounting requirements for land trusts, including, for example, keeping accounts, preparing financial statements, auditing accounts and giving audit reports to the chief executive; and the minimum annual rental amount payable by the State under a lease granted to the State under this Act.\n- (a) matters relevant to the operations, including the functions, of a land trust; and\n- (b) the indemnification of members of a land trust from personal liability; and\n- (c) rules for land trusts, including, for example, the adoption of rules and the matters that must be included in the rules; and\n- (d) accounting requirements for land trusts, including, for example, keeping accounts, preparing financial statements, auditing accounts and giving audit reports to the chief executive; and\n- (e) the minimum annual rental amount payable by the State under a lease granted to the State under this Act.","sortOrder":342},{"sectionNumber":"pt.18","sectionType":"part","heading":"Validation provision","content":"# Validation provision","sortOrder":343},{"sectionNumber":"sec.198","sectionType":"section","heading":"Retrospective validation of dealings with trustee (Torres Strait Islander) lease","content":"### sec.198 Retrospective validation of dealings with trustee (Torres Strait Islander) lease\n\nSubsection (2) applies to a trustee (Torres Strait Islander) lease if the lease—\nwas granted under the Land Act , section 57 before 18 July 2008; and\nwas amended, transferred, mortgaged or subleased, during the relevant period, under the Land Act , chapter 3 , part 1 , division 7 .\nThe amendment, transfer, mortgage or sublease of the trustee (Torres Strait Islander) lease (the dealing ) is taken to be, and to always have been, as valid as if—\nthe dealing were carried out under this Act; and\nsection 140 , as in force immediately after the commencement of this section, had been in force on the day the dealing was carried out.\nSubsection (4) applies to a trustee (Torres Strait Islander) lease if the lease—\nwas granted under the Land Act , section 57 before 18 July 2008; and\nwas amended, transferred, mortgaged or subleased, during the relevant period, under this Act.\nThe amendment, transfer, mortgage or sublease of the trustee (Torres Strait Islander) lease (also the dealing ) is taken to be, and to always have been, as valid as if section 140 , as in force immediately after the commencement of this section, had been in force on the day the dealing was carried out.\nIn this section—\nrelevant period means the period starting on 18 July 2008 and ending immediately before the commencement of this section.\ns 198 ins 2011 No. 26 s 186\n(sec.198-ssec.1) Subsection (2) applies to a trustee (Torres Strait Islander) lease if the lease— was granted under the Land Act , section 57 before 18 July 2008; and was amended, transferred, mortgaged or subleased, during the relevant period, under the Land Act , chapter 3 , part 1 , division 7 .\n(sec.198-ssec.2) The amendment, transfer, mortgage or sublease of the trustee (Torres Strait Islander) lease (the dealing ) is taken to be, and to always have been, as valid as if— the dealing were carried out under this Act; and section 140 , as in force immediately after the commencement of this section, had been in force on the day the dealing was carried out.\n(sec.198-ssec.3) Subsection (4) applies to a trustee (Torres Strait Islander) lease if the lease— was granted under the Land Act , section 57 before 18 July 2008; and was amended, transferred, mortgaged or subleased, during the relevant period, under this Act.\n(sec.198-ssec.4) The amendment, transfer, mortgage or sublease of the trustee (Torres Strait Islander) lease (also the dealing ) is taken to be, and to always have been, as valid as if section 140 , as in force immediately after the commencement of this section, had been in force on the day the dealing was carried out.\n(sec.198-ssec.5) In this section— relevant period means the period starting on 18 July 2008 and ending immediately before the commencement of this section.\n- (a) was granted under the Land Act , section 57 before 18 July 2008; and\n- (b) was amended, transferred, mortgaged or subleased, during the relevant period, under the Land Act , chapter 3 , part 1 , division 7 .\n- (a) the dealing were carried out under this Act; and\n- (b) section 140 , as in force immediately after the commencement of this section, had been in force on the day the dealing was carried out.\n- (a) was granted under the Land Act , section 57 before 18 July 2008; and\n- (b) was amended, transferred, mortgaged or subleased, during the relevant period, under this Act.","sortOrder":344},{"sectionNumber":"pt.19","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":345},{"sectionNumber":"pt.19-div.1","sectionType":"division","heading":null,"content":"","sortOrder":346},{"sectionNumber":"sec.199","sectionType":"section","heading":null,"content":"### Section sec.199\n\ns 199 ins 2006 No. 9 s 53 sch\nom 2013 No. 39 s 109 sch 2","sortOrder":347},{"sectionNumber":"pt.19-div.2","sectionType":"division","heading":"Transitional provision for Aboriginal and Torres Strait Islander Land Amendment Act 2008","content":"## Transitional provision for Aboriginal and Torres Strait Islander Land Amendment Act 2008","sortOrder":348},{"sectionNumber":"sec.200","sectionType":"section","heading":"Interests in Torres Strait Islander land continue","content":"### sec.200 Interests in Torres Strait Islander land continue\n\nIf Torres Strait Islander land was, immediately before the commencement of this section, subject to an interest granted or otherwise created under section 36 or 73 as in force before the commencement, the interest continues in force.\ns 200 ins 2008 No. 29 s 95","sortOrder":349},{"sectionNumber":"pt.19-div.3","sectionType":"division","heading":"Transitional provisions for Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011","content":"## Transitional provisions for Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011","sortOrder":350},{"sectionNumber":"sec.201","sectionType":"section","heading":"Definitions for div 3","content":"### sec.201 Definitions for div 3\n\nIn this division—\ncommencement means the day this division commences.\nprevious , for a provision of this Act, means the provision as in force immediately before the commencement.\nThe provisions of this Act in force before the commencement have been renumbered. See section 142, as inserted by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , section 188.\ns 201 ins 2011 No. 26 s 187\namd 2019 No. 7 s 313 sch 1","sortOrder":351},{"sectionNumber":"sec.202","sectionType":"section","heading":"Torres Strait Islander land—change to beneficiaries","content":"### sec.202 Torres Strait Islander land—change to beneficiaries\n\nThis section applies to Torres Strait Islander land granted before the commencement.\nOn the commencement, the trustee of the land is taken to hold it for the benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants.\nAs soon as practicable after the commencement, the chief executive must give notice to the registrar of titles that the land vests in the trustee as mentioned in subsection (2).\nOn receiving the notice, the registrar of titles must record in the freehold land register that the land is vested as mentioned in subsection (2).\ns 202 ins 2011 No. 26 s 187\namd 2013 No. 23 s 352 sch 1 pt 1\n(sec.202-ssec.1) This section applies to Torres Strait Islander land granted before the commencement.\n(sec.202-ssec.2) On the commencement, the trustee of the land is taken to hold it for the benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants.\n(sec.202-ssec.3) As soon as practicable after the commencement, the chief executive must give notice to the registrar of titles that the land vests in the trustee as mentioned in subsection (2).\n(sec.202-ssec.4) On receiving the notice, the registrar of titles must record in the freehold land register that the land is vested as mentioned in subsection (2).","sortOrder":352},{"sectionNumber":"sec.203","sectionType":"section","heading":"Continued operation of provisions for appointing grantees","content":"### sec.203 Continued operation of provisions for appointing grantees\n\nThis section applies despite the amendment of this Act by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 .\nThe Minister may, on or before 31 December 2011 and under previous section 26, appoint persons the Minister considers necessary to be the grantees, as trustees for the benefit of Torres Strait Islanders, of land.\nIf the Minister appoints grantees under previous section 26, the grantees are, on appointment, taken to be incorporated as a land trust under this Act for the land.\nAs soon as practicable after the grantees are incorporated, the Minister must, by gazette notice, state—\nthe name of the land trust; and\nthe description of the land as stated in the deed of grant held by the grantees; and\nan address for service of documents on the land trust.\nThe last 2 words of the name of the land trust must be the words ‘Land Trust’.\ns 203 ins 2011 No. 26 s 187\n(sec.203-ssec.1) This section applies despite the amendment of this Act by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 .\n(sec.203-ssec.2) The Minister may, on or before 31 December 2011 and under previous section 26, appoint persons the Minister considers necessary to be the grantees, as trustees for the benefit of Torres Strait Islanders, of land.\n(sec.203-ssec.3) If the Minister appoints grantees under previous section 26, the grantees are, on appointment, taken to be incorporated as a land trust under this Act for the land.\n(sec.203-ssec.4) As soon as practicable after the grantees are incorporated, the Minister must, by gazette notice, state— the name of the land trust; and the description of the land as stated in the deed of grant held by the grantees; and an address for service of documents on the land trust.\n(sec.203-ssec.5) The last 2 words of the name of the land trust must be the words ‘Land Trust’.\n- (a) the name of the land trust; and\n- (b) the description of the land as stated in the deed of grant held by the grantees; and\n- (c) an address for service of documents on the land trust.","sortOrder":353},{"sectionNumber":"sec.204","sectionType":"section","heading":"References to previous provisions after renumbering","content":"### sec.204 References to previous provisions after renumbering\n\nA reference in another Act, a regulation or document to a particular previous provision of this Act may, if the context permits, be taken as a reference to any provision of the renumbered Act, all or part of which corresponds, or substantially corresponds, to the previous provision.\nIn this section—\nrenumbered Act means this Act as renumbered under section 142, as inserted by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , section 188.\ns 204 ins 2011 No. 26 s 187\namd 2019 No. 7 s 313 sch 1\n(sec.204-ssec.1) A reference in another Act, a regulation or document to a particular previous provision of this Act may, if the context permits, be taken as a reference to any provision of the renumbered Act, all or part of which corresponds, or substantially corresponds, to the previous provision.\n(sec.204-ssec.2) In this section— renumbered Act means this Act as renumbered under section 142, as inserted by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , section 188.","sortOrder":354},{"sectionNumber":"pt.19-div.4","sectionType":"division","heading":"Transitional provisions for Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014","content":"## Transitional provisions for Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014","sortOrder":355},{"sectionNumber":"sec.205","sectionType":"section","heading":"Definitions for div 4","content":"### sec.205 Definitions for div 4\n\nIn this division—\ncommencement means the commencement of this section.\npre-amended Act means this Act as in force before its amendment by the Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 , section 41.\ns 205 prev s 205 ins 2011 No. 26 s 188\nexp 10 September 2011 (see s 206)\npres s 205 ins 2014 No. 45 s 52","sortOrder":356},{"sectionNumber":"sec.206","sectionType":"section","heading":"Provision for existing leases","content":"### sec.206 Provision for existing leases\n\nThis section applies to a lease under the pre-amended Act in effect immediately before the commencement.\nA standard lease under the pre-amended Act is taken to be a part 8 lease for the same term for which the standard lease was granted.\nA townsite lease under the pre-amended Act is taken to be a townsite lease.\nA lease for private residential purposes under the pre-amended Act is taken to be a home ownership lease for the same term for which the lease for private residential purposes was granted.\ns 206 prev s 206 ins 2011 No. 26 s 188\nexp 10 September 2011 (see s 206)\npres s 206 ins 2014 No. 45 s 52\n(sec.206-ssec.1) This section applies to a lease under the pre-amended Act in effect immediately before the commencement.\n(sec.206-ssec.2) A standard lease under the pre-amended Act is taken to be a part 8 lease for the same term for which the standard lease was granted.\n(sec.206-ssec.3) A townsite lease under the pre-amended Act is taken to be a townsite lease.\n(sec.206-ssec.4) A lease for private residential purposes under the pre-amended Act is taken to be a home ownership lease for the same term for which the lease for private residential purposes was granted.","sortOrder":357},{"sectionNumber":"sec.207","sectionType":"section","heading":"Provision for existing applications","content":"### sec.207 Provision for existing applications\n\nThis section applies to an application under the pre-amended Act that, before the commencement, had not been granted or refused.\nAn application for a lease under the pre-amended Act is taken to be—\nif the application is for a lease for private residential purposes under the pre-amended Act—an application for a home ownership lease; or\notherwise—an application for a part 8 lease for the same term and purpose as the term and purpose for which the application was made.\nAn application to renew a lease under the pre-amended Act is taken to be an application to renew a part 8 lease.\ns 207 ins 2014 No. 45 s 52\n(sec.207-ssec.1) This section applies to an application under the pre-amended Act that, before the commencement, had not been granted or refused.\n(sec.207-ssec.2) An application for a lease under the pre-amended Act is taken to be— if the application is for a lease for private residential purposes under the pre-amended Act—an application for a home ownership lease; or otherwise—an application for a part 8 lease for the same term and purpose as the term and purpose for which the application was made.\n(sec.207-ssec.3) An application to renew a lease under the pre-amended Act is taken to be an application to renew a part 8 lease.\n- (a) if the application is for a lease for private residential purposes under the pre-amended Act—an application for a home ownership lease; or\n- (b) otherwise—an application for a part 8 lease for the same term and purpose as the term and purpose for which the application was made.","sortOrder":358},{"sectionNumber":"pt.19-div.5","sectionType":"division","heading":"Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019","content":"## Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019","sortOrder":359},{"sectionNumber":"sec.208","sectionType":"section","heading":"Particular things taken to have been declared by Minister","content":"### sec.208 Particular things taken to have been declared by Minister\n\nThis section applies if—\nimmediately before the commencement, a provision of this Act (the former provision ) required or permitted a matter to be declared by regulation; and\non the commencement, a provision of this Act (the current provision ) requires or permits the matter to be declared by the Minister.\nA declaration of the matter by regulation under the former provision that is in effect immediately before the commencement is, on the commencement, taken to be a declaration of the matter by the Minister under the current provision.\ns 208 ins 2019 No. 17 s 98\n(sec.208-ssec.1) This section applies if— immediately before the commencement, a provision of this Act (the former provision ) required or permitted a matter to be declared by regulation; and on the commencement, a provision of this Act (the current provision ) requires or permits the matter to be declared by the Minister.\n(sec.208-ssec.2) A declaration of the matter by regulation under the former provision that is in effect immediately before the commencement is, on the commencement, taken to be a declaration of the matter by the Minister under the current provision.\n- (a) immediately before the commencement, a provision of this Act (the former provision ) required or permitted a matter to be declared by regulation; and\n- (b) on the commencement, a provision of this Act (the current provision ) requires or permits the matter to be declared by the Minister.","sortOrder":360},{"sectionNumber":"pt.20","sectionType":"part","heading":null,"content":"","sortOrder":361}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":806},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1991 scope. The original Act focused on transferring DOGIT and reserve land to Torres Strait Islander ownership. Major expansions include: Part 2A (2014) adding freehold conversion for urban land; extensive native title integration provisions; detailed leasing frameworks including home ownership and townsite leases; mortgage and forfeiture protections in Part 10; and comprehensive land trust governance rules in Part 14. The 2014 amendments in particular added a substantial new pathway for individual freehold ownership that was not part of the original communal land holding model."},"complexity_factors":["Multiple overlapping tenure systems (DOGIT land, reserve land, available State land, transferred land, freehold option land)","Extensive cross-referencing with other Acts including Land Act, Land Title Act, Native Title Act, CATSI Act, and various mining and resource statutes","Conditional logic throughout: different rules apply depending on whether land is held by land trust vs CATSI corporation vs registered native title body corporate","Nested exceptions in Part 2A (freehold conversion) with separate allocation processes for land with/without existing interest holders","Detailed procedural requirements including gazettal, public consultation, Ministerial approvals, and Land Court appeals","Complex definitions including 'Torres Strait Islander', 'particularly concerned with land', 'Island custom', and 'available State land'","Multiple amendment history with sections inserted, substituted and omitted across 1991-2024","Interaction between customary decision-making (Island custom) and statutory corporate governance requirements"],"plain_english_summary":"**What this law does:**\n\nThis is the **Torres Strait Islander Land Act 1991**, a Queensland law that creates a special land tenure system for Torres Strait Islander peoples. It allows certain Crown lands to be transferred to Torres Strait Islander ownership and sets up rules for how that land can be held, used, and managed.\n\n**Key things the Act does:**\n\n- **Transfers land ownership**: Identifies \"transferable land\" (including former mission reserves called \"DOGIT land\" and other State land) and allows it to be granted in **fee simple** (full ownership) to Torres Strait Islander entities\n\n- **Recognises native title**: Allows registered native title bodies corporate to hold land for native title holders, or alternatively allows land trusts or CATSI corporations to hold land for the benefit of Torres Strait Islanders\n\n- **Protects against alienation**: Prohibits sale or mortgage of Torres Strait Islander land, ensuring it stays with the community\n\n- **Creates leasing arrangements**: Allows 99-year \"home ownership leases\" for residential use, and perpetual \"townsite leases\" for local governments to manage township areas\n\n- **Provides freehold conversion**: Part 2A (added in 2014) allows some urban land to be converted to freehold for eligible Torres Strait Islanders or Aboriginal persons, through a structured allocation process\n\n- **Establishes land trusts**: Creates corporate bodies to hold land, with detailed rules about membership, decision-making, and Ministerial oversight\n\n- **Reserves resources**: Maintains State reservations for minerals, petroleum, and geothermal energy, and allows reservation of forest products if declared vital State interest\n\n**Who it affects:**\nTorres Strait Islander communities, native title holders, land trusts, CATSI corporations, local governments in the Torres Strait, and anyone seeking to lease or use Torres Strait Islander land.\n\n**Why it matters:**\nThis Act is a key part of Queensland's framework for Indigenous land rights, providing a pathway for Torres Strait Islanders to gain permanent, inalienable ownership of their traditional lands while balancing community control with protections against permanent loss of the land base."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1991 Act established a system for granting Torres Strait Islander land in fee simple to land trusts for the benefit of Torres Strait Islanders. Over time, amendments have significantly expanded its scope: Part 2A (added in 2014) now allows for granting freehold to eligible individuals including non-Indigenous spouses; leasing provisions have been broadened to include home ownership leases and townsite leases; and the Act now covers management of land trusts, mortgages, and even validation of past dealings. The 2011 amendments restructured the Act and changed beneficiaries from 'Torres Strait Islanders' to 'Torres Strait Islanders particularly concerned with the land and their ancestors and descendants', broadening the class of beneficiaries. The Act now goes well beyond simple land grants to include complex mechanisms for individual home ownership, community leasing, and financial management."},"complexity_factors":["Very long Act with over 200 sections and multiple schedules","Extensive use of defined terms (dictionary in schedule 1)","Heavy cross-referencing to other Acts like the Land Act, Land Holding Act, and Commonwealth Native Title Act","Nested conditions and exceptions in key definitions (e.g., DOGIT land, transferable land)","Multiple layers of ministerial approvals and procedural requirements for grants, leases, and transfers","Detailed provisions for freehold grants (Part 2A) with multiple divisions and sub-divisions","Complex leasing rules with different types of leases (home ownership, townsite, etc.) each with their own conditions","Numerous transitional and validation provisions due to multiple amendments","Conditional logic in provisions about forfeiture, renewal, and mortgagee sales"],"plain_english_summary":"This Act sets out how certain land in Queensland can be transferred to Torres Strait Islander people and organisations to hold on behalf of the community. It identifies which land can be transferred (called 'transferable land'), including land previously held in trust for Torres Strait Islanders, reserves, and some State land. The land is granted as freehold (full ownership) to a legal entity like a land trust or a corporation, which must use it for the benefit of Torres Strait Islanders who have a connection to that land. The Act also allows these entities to lease out the land for housing, commercial, or community purposes, but they cannot sell or mortgage the land itself. It sets up rules for how land trusts are run, how members are appointed or removed, and how the State can take back land if needed. The Act affects Torres Strait Islander communities in Queensland and gives them control over their traditional lands, but it also places restrictions on what can be done with the land to protect community interests."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1991 Act was focused primarily on transferring land from the State to Torres Strait Islander community trustees (a collective land rights model). Over time — particularly through amendments in 1993, 2008, 2011, 2014, and 2019 — the Act has expanded significantly to include a comprehensive individual freehold ownership pathway (Part 2A, inserted in 2014). This represents a fundamental shift from collective community land management to also enabling individual private property rights for Torres Strait Islanders and Aboriginal people within those communities. The Act also grew to include detailed procedural machinery (freehold instruments, allocation processes, probity advisors, cooling-off periods) that was not part of its original scope."},"complexity_factors":["Multiple interlocking definitions — terms like 'available land', 'transferable land', 'transferred land', 'DOGIT land', 'freehold option land', and 'Torres Strait Islander land' are all defined by reference to each other, creating a web of concepts that must be understood together","Extensive cross-referencing between sections, parts, divisions and subdivisions — readers must constantly jump between provisions to understand any single rule","Heavy reliance on historical land law concepts — references to the Land Act 1962, the Land Holding Act, and 'enactment day' require knowledge of now-repealed legislation","Multiple layers of government involvement — the Minister, chief executive, local government, Governor in Council, and trustee all have distinct roles with different powers at different stages","The freehold allocation process is multi-stage and conditional — involving freehold instruments, freehold schedules, freehold policies, model freehold instruments, allocation methods, probity advisors, cooling-off periods, and appeal periods","Native title interface — the Act must operate alongside the Commonwealth Native Title Act, adding a separate and complex legal layer","Numerous exceptions and qualifications — land can be 'available' but then become 'not available' due to compulsory acquisition, declarations, allocation processes, or other events","Significant amendments over 30+ years (1991–2019) have layered new concepts and processes onto the original framework, making the current version structurally complex","Different rules apply depending on whether an 'interest holder' exists for the available land, creating two parallel allocation pathways","Interaction with multiple other Queensland Acts — Land Act, Land Title Act, Local Government Act 2009, Fisheries Act 1994, Planning Act 2016, and others"],"plain_english_summary":"## Torres Strait Islander Land Act 1991 — What It Does and Who It Affects\n\n### The Big Picture\nThis is a Queensland law that governs how land in the Torres Strait Islands is managed and can be transferred to Torres Strait Islander communities and individuals. It creates a legal framework for transferring government-held land to Indigenous communities and, more recently, allowing individual Torres Strait Islanders and Aboriginal people to obtain full private ownership (called **freehold title**) of land in their communities.\n\n### Who Does This Affect?\n- **Torres Strait Islander communities** — particularly those with traditional connections to land under *Ailan Kastom* (Island custom), or who live on or use the land\n- **Individual Torres Strait Islanders and Aboriginal people** — who may be eligible to buy freehold land within island communities\n- **Spouses and former spouses** of Torres Strait Islanders or Aboriginal people (including deceased persons)\n- **Trustees** (such as indigenous local governments and land trusts) who manage community land\n- **Local governments** in the Torres Strait area\n- **The Queensland Government** (the Act binds the State, and as far as legally possible, the Commonwealth)\n\n### Key Things the Law Does\n\n**1. Defines what land is covered**\nThe Act identifies specific categories of land — called *DOGIT land* (land previously granted in trust for the benefit of Torres Strait Islander communities) and *Torres Strait Islander reserve land* — that can be transferred to communities.\n\n**2. Creates a pathway to transfer community land**\nThrough a process called a **grant** (transferring legal ownership), the State can hand land over to Indigenous community trustees. Once transferred, this becomes *Torres Strait Islander land*.\n\n**3. Allows individual freehold ownership**\nA significant part of the Act (Part 2A) allows eligible individuals to apply to buy *freehold title* (full private ownership, like owning a house and land anywhere else in Australia) over specific plots within the community's land. This requires:\n- A community trustee to identify land as available\n- Consultation with native title holders (traditional owners who have legal rights under a separate national law)\n- A structured process involving local government planning schemes\n- Ministerial approval\n- An allocation process (either direct to someone already holding an interest in the land, or through auction/ballot/tender if no one holds an existing interest)\n\n**4. Protects certain land from transfer**\nThe Minister can declare that some land is *not* transferable — for example, if it has housing or essential infrastructure on it, is being used as a town site or road, or if it's simply not practical to transfer it.\n\n**5. Recognises Island Custom (Ailan Kastom)**\nThe law formally recognises the body of customs, traditions, and beliefs of Torres Strait Islanders as relevant to determining who has a connection to land.\n\n**6. Applies general Queensland law**\nUnless this Act or another law says otherwise, all normal Queensland laws apply to Torres Strait Islander land — it is not a legal 'exception zone.'\n\n### What This Means in Practice\n- A Torres Strait Islander living on community land **could apply to buy their home and land** outright as freehold property\n- Community trustees have significant decision-making power over who gets land and on what terms\n- There are appeal rights (through the Land Court) when certain decisions go against a person\n- Social housing on available land adds complexity — the housing authority has a say in whether an application can proceed\n- Native title rights must be dealt with before freehold can be granted — this can be a significant practical hurdle"}},"importantCases":[],"_links":{"self":"/api/acts/torres-strait-islander-land-act-1991","history":"/api/acts/torres-strait-islander-land-act-1991/history","analysis":"/api/acts/torres-strait-islander-land-act-1991/analysis","conflicts":"/api/acts/torres-strait-islander-land-act-1991/conflicts","importantCases":"/api/acts/torres-strait-islander-land-act-1991/important-cases","documents":"/api/acts/torres-strait-islander-land-act-1991/documents"}}