Aboriginal and Torres Strait Islander Land Holding Act 2013
sec.55Application to Land Court in absence of agreement
Start here
Get a plain-English read of sec.55
Turn the raw legal text into a practical explanation grounded in Aboriginal and Torres Strait Islander Land Holding Act 2013.
sec.55 Application to Land Court in absence of agreement
The Minister may apply to the Land Court for the relocation of the boundaries of a 1985 Act granted lease (a contested boundary relocation ) if the Minister considers that not all agreements necessary to support the boundary relocation have been entered into. The application must include the following— details of the lease as currently granted; details of the proposed contested boundary relocation, including— the boundaries of the lease as currently located; and the proposed boundaries of the lease; a record of the consultation that took place under this part about the boundaries of the lease; copies of any agreements that have been entered into to support the boundary relocation; details about conditions that are to be complied with before or after the boundary relocation; a statement of reasons ( statement of reasons (contested boundary relocation) ) explaining the proposed approach to relocating the lease boundaries. The statement of reasons (contested boundary relocation) must include details of the persons whose agreement has not been obtained, but would be required, to relocate the boundaries as proposed as an agreed boundary relocation rather than as a contested boundary relocation. (sec.55-ssec.1) The Minister may apply to the Land Court for the relocation of the boundaries of a 1985 Act granted lease (a contested boundary relocation ) if the Minister considers that not all agreements necessary to support the boundary relocation have been entered into. (sec.55-ssec.2) The application must include the following— details of the lease as currently granted; details of the proposed contested boundary relocation, including— the boundaries of the lease as currently located; and the proposed boundaries of the lease; a record of the consultation that took place under this part about the boundaries of the lease; copies of any agreements that have been entered into to support the boundary relocation; details about conditions that are to be complied with before or after the boundary relocation; a statement of reasons ( statement of reasons (contested boundary relocation) ) explaining the proposed approach to relocating the lease boundaries. (sec.55-ssec.3) The statement of reasons (contested boundary relocation) must include details of the persons whose agreement has not been obtained, but would be required, to relocate the boundaries as proposed as an agreed boundary relocation rather than as a contested boundary relocation.
- (a) details of the lease as currently granted;
- (b) details of the proposed contested boundary relocation, including— (i) the boundaries of the lease as currently located; and (ii) the proposed boundaries of the lease;
- (i) the boundaries of the lease as currently located; and
- (ii) the proposed boundaries of the lease;