This regulation governs Aboriginal land trusts’ governance, finances and property: appointing officers, adopting rules, meetings and proxies; holding and investing trust property under the Trusts Act; indemnities and member immunities; and rules for dissolution or transfer when land becomes granted land. It requires accounts, annual statements and audits where income exceeds $20,000 (secs 11,15,22,24,28-29,34-35).
Trusts pay members’ expenses and staff from trust property (secs 4,25). The chief executive and Minister have oversight powers, including calling meetings, approving auditors and dissolving associations. A tiered mining-royalty share formula is prescribed (secs 31,29,56,37).
This regulation sets out the detailed governance, financial, meeting, property and transitional rules for land trusts created under the Aboriginal Land Act framework. Mechanically, it prescribes who land trusts serve, how they must manage trust property, the internal offices and rule-making duties of trusts, meeting and proxy mechanics, financial reporting and audit thresholds and timetables, how trust property is to be invested, the circumstances and effects of dissolution or transfer of trust property, a tiered formula for allocating mining royalty receipts, and procedural rules for appeals to the Land Appeal Court. It also repeals the prior 1991 regulation and provides transitional arrangements for existing land trusts and land claim associations.
Key mechanical changes and prescriptions in the instrument include:
Membership remuneration and protections: members may be paid reasonable expenses (s 4); trusts must indemnify members for specified acts done without negligence or in good faith (s 5); and members’ personal accountability is limited to their own acts and receipts (s 6).
Mandatory governance structure and rules: trusts must appoint a chairperson and, where relevant, a deputy chairperson and secretary (s 8), adopt rules as soon as practicable after formation and lodge rules with the chief executive within 28 days of adoption or amendment (s 11), and include particular contents in those rules (s 12).
Meeting and proxy regime: proxy appointments are permitted subject to conditions (s 14-17); annual general meeting and special meeting rules apply, with narrow exceptions where income is small and no business requires an AGM (s 30); the chief executive may call a meeting on written request by at least 3 members and set the quorum (s 31).
Current sections
Direct links to the current provisions in Aboriginal Land Regulation 2011.
77
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Aboriginal Land Regulation 2011 .
sec.2
Commencement
sec.2 Commencement
This regulation commences immediately after the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , section 90 .
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 3 defines particular words used in this regulation.
s 3 amd 2019 Act No. 17 s 24
pt.2
Provisions about land trusts
Provisions about land trusts
pt.2-div.1
Members of land trusts
Members of land trusts
sec.4
Payments to members
sec.4 Payments to members
A member may be paid an amount equal to expenses reasonably incurred, or to be incurred, in the performance of the member’s functions under the Act or this regulation.
sec.5
Land trust to indemnify members
sec.5 Land trust to indemnify members
A land trust must indemnify all its members engaged in giving effect to the Act or this regulation against all proceedings and claims in relation to—
acts done, or omitted to be done, by the member without negligence under the Act ; and
acts done, or omitted to be done, by the member in good faith and without negligence purportedly for the purposes of the Act or this regulation.
(a) acts done, or omitted to be done, by the member without negligence under the Act ; and
(b) acts done, or omitted to be done, by the member in good faith and without negligence purportedly for the purposes of the Act or this regulation.
sec.6
Immunity of members
sec.6 Immunity of members
A member—
is chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and
is answerable and accountable only for the member’s own acts, receipts, neglects or defaults.
Without limiting subsection (1) , a member is not answerable or accountable for—
the acts, receipts, neglects or defaults of another member or the land trust; or
the acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or
the insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.
(sec.6-ssec.1) A member— is chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and is answerable and accountable only for the member’s own acts, receipts, neglects or defaults.
(sec.6-ssec.2) Without limiting subsection (1) , a member is not answerable or accountable for— the acts, receipts, neglects or defaults of another member or the land trust; or the acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or the insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.
(a) is chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and
(b) is answerable and accountable only for the member’s own acts, receipts, neglects or defaults.
(a) the acts, receipts, neglects or defaults of another member or the land trust; or
(b) the acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or
(c) the insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.
sec.7
Protection about notice when a person is a member of more than 1 land trust
sec.7 Protection about notice when a person is a member of more than 1 land trust
A person who is a member of more than 1 land trust is not, in the absence of fraud, to be affected by notice of any instrument, fact or thing in relation to a particular land trust if the person receives the notice merely because of the person’s membership of another land trust.
sec.8
Chairperson, deputy chairperson and secretary—appointment
sec.8 Chairperson, deputy chairperson and secretary—appointment
A land trust must appoint—
a member as the chairperson of the land trust; and
if there is more than 1 member—a member as the deputy chairperson of the land trust; and
if there are more than 2 members—a member as the secretary of the land trust.
s 8 amd 2013 SL No. 137 s 3
(a) a member as the chairperson of the land trust; and
(b) if there is more than 1 member—a member as the deputy chairperson of the land trust; and
(c) if there are more than 2 members—a member as the secretary of the land trust.
sec.9
Acting as chairperson, secretary or in another executive office
sec.9 Acting as chairperson, secretary or in another executive office
The deputy chairperson may act as the chairperson during—
a vacancy in the office of chairperson; or
any period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.
Any member of a land trust may act as the secretary during—
a vacancy in the office of secretary; or
any period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.
Any member of a land trust may act in another executive office of the land trust during—
a vacancy in the office; or
any period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.
(sec.9-ssec.1) The deputy chairperson may act as the chairperson during— a vacancy in the office of chairperson; or any period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.
(sec.9-ssec.2) Any member of a land trust may act as the secretary during— a vacancy in the office of secretary; or any period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.
(sec.9-ssec.3) Any member of a land trust may act in another executive office of the land trust during— a vacancy in the office; or any period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.
(a) a vacancy in the office of chairperson; or
(b) any period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.
(a) a vacancy in the office of secretary; or
(b) any period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.
(a) a vacancy in the office; or
(b) any period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.
sec.10
Resignation of members
sec.10 Resignation of members
A member of a land trust may resign by signed notice of resignation given to the land trust.
The resignation does not take effect until it is accepted by the land trust.
(sec.10-ssec.1) A member of a land trust may resign by signed notice of resignation given to the land trust.
(sec.10-ssec.2) The resignation does not take effect until it is accepted by the land trust.
pt.2-div.2
Rules of land trusts
Rules of land trusts
sec.11
Adoption of rules
sec.11 Adoption of rules
A land trust must adopt rules governing the land trust ( adopted rules ).
A land trust must adopt its first rules as soon as practicable after it comes into existence.
Within 28 days after a land trust adopts its first rules, adopts changes to its adopted rules or adopts new rules, the land trust must give the chief executive a copy of its adopted rules.
If there is an inconsistency between subdivision 2 or 3 and a land trust’s adopted rules, the subdivision prevails to the extent of the inconsistency.
s 11 amd 2013 SL No. 137 s 4
(sec.11-ssec.1) A land trust must adopt rules governing the land trust ( adopted rules ).
(sec.11-ssec.2) A land trust must adopt its first rules as soon as practicable after it comes into existence.
(sec.11-ssec.3) Within 28 days after a land trust adopts its first rules, adopts changes to its adopted rules or adopts new rules, the land trust must give the chief executive a copy of its adopted rules.
(sec.11-ssec.4) If there is an inconsistency between subdivision 2 or 3 and a land trust’s adopted rules, the subdivision prevails to the extent of the inconsistency.
sec.12
Content of adopted rules
sec.12 Content of adopted rules
The adopted rules of a land trust must include provision for the following—
the establishment, membership and functions of the land trust’s executive committee;
the process for decision-making by the land trust and its committees;
the creation of the land trust’s executive offices and the procedure for filling the offices;
the appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent;
the procedure for settling disputes between the land trust and its members;
the frequency of meetings of the executive committee, and how the meetings are to be held;
the way the land trust’s general meetings are to be called and held;
requirements for managing trust property, including requirements for the following—
keeping records of the land trust’s transactions;
procedures for authorising payments, and for making payments, out of the land trust’s funds;
keeping control over trust property;
procedures for incurring liabilities by or for the land trust;
the procedure for adopting changes to the adopted rules of the land trust and for adopting new rules.
s 12 amd 2013 SL No. 137 s 5
(a) the establishment, membership and functions of the land trust’s executive committee;
(b) the process for decision-making by the land trust and its committees;
(c) the creation of the land trust’s executive offices and the procedure for filling the offices;
(d) the appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent;
(e) the procedure for settling disputes between the land trust and its members;
(f) the frequency of meetings of the executive committee, and how the meetings are to be held;
(g) the way the land trust’s general meetings are to be called and held;
(h) requirements for managing trust property, including requirements for the following— (i) keeping records of the land trust’s transactions; (ii) procedures for authorising payments, and for making payments, out of the land trust’s funds; (iii) keeping control over trust property; (iv) procedures for incurring liabilities by or for the land trust;
(i) keeping records of the land trust’s transactions;
(ii) procedures for authorising payments, and for making payments, out of the land trust’s funds;
(iii) keeping control over trust property;
(iv) procedures for incurring liabilities by or for the land trust;
(i) the procedure for adopting changes to the adopted rules of the land trust and for adopting new rules.
(i) keeping records of the land trust’s transactions;
(ii) procedures for authorising payments, and for making payments, out of the land trust’s funds;
(iii) keeping control over trust property;
(iv) procedures for incurring liabilities by or for the land trust;
sec.13
Definition for sdiv 2
sec.13 Definition for sdiv 2
In this subdivision—
meeting , of a land trust, means—
a general meeting of the land trust; or
a meeting of the executive committee of the land trust.
(a) a general meeting of the land trust; or
(b) a meeting of the executive committee of the land trust.
sec.14
Application of sdiv 2
sec.14 Application of sdiv 2
This subdivision applies to a land trust unless, under its adopted rules, the appointment of proxies for a meeting of the land trust is not permitted.
sec.15
Appointing proxy
sec.15 Appointing proxy
A person who is entitled to attend and cast a vote at a meeting of the land trust may appoint an individual to attend and vote for the person at the meeting.
An appointment of a proxy is valid if—
it is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and
it includes the following information—
the person’s name;
the proxy’s name;
the meeting at which the appointment may be used.
An appointment may state the way the proxy is to vote on a particular resolution.
In this section—
individual means an individual who is—
a member of the land trust; or
an Aboriginal person particularly concerned with the land held by the land trust.
(sec.15-ssec.1) A person who is entitled to attend and cast a vote at a meeting of the land trust may appoint an individual to attend and vote for the person at the meeting.
(sec.15-ssec.2) An appointment of a proxy is valid if— it is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and it includes the following information— the person’s name; the proxy’s name; the meeting at which the appointment may be used.
(sec.15-ssec.3) An appointment may state the way the proxy is to vote on a particular resolution.
(sec.15-ssec.4) In this section— individual means an individual who is— a member of the land trust; or an Aboriginal person particularly concerned with the land held by the land trust.
(a) it is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and
(b) it includes the following information— (i) the person’s name; (ii) the proxy’s name; (iii) the meeting at which the appointment may be used.
(i) the person’s name;
(ii) the proxy’s name;
(iii) the meeting at which the appointment may be used.
(i) the person’s name;
(ii) the proxy’s name;
(iii) the meeting at which the appointment may be used.
(a) a member of the land trust; or
(b) an Aboriginal person particularly concerned with the land held by the land trust.
sec.16
When appointment of proxy is effective
sec.16 When appointment of proxy is effective
The appointment of a proxy for a meeting of the land trust is effective only if the proxy’s appointment is received by the land trust before the meeting starts.
sec.17
Counting proxies for quorum
sec.17 Counting proxies for quorum
In deciding whether a quorum is present at a meeting of the land trust, an individual attending the meeting as a proxy is counted.
However, if a person has appointed more than 1 proxy for a particular meeting, only 1 of the proxies is counted.
If an individual is attending a particular meeting both as a member of the land trust and as a proxy for 1 or more persons, the individual is counted only twice.
If an individual who is not a member of the land trust is attending a particular meeting as a proxy for 1 or more persons, the individual is counted only once.
(sec.17-ssec.1) In deciding whether a quorum is present at a meeting of the land trust, an individual attending the meeting as a proxy is counted.
(sec.17-ssec.2) However, if a person has appointed more than 1 proxy for a particular meeting, only 1 of the proxies is counted.
(sec.17-ssec.3) If an individual is attending a particular meeting both as a member of the land trust and as a proxy for 1 or more persons, the individual is counted only twice.
(sec.17-ssec.4) If an individual who is not a member of the land trust is attending a particular meeting as a proxy for 1 or more persons, the individual is counted only once.
sec.18
Section sec.18
s 18 om 2013 SL No. 137 s 6
sec.19
Section sec.19
s 19 om 2013 SL No. 137 s 6
sec.20
When election of members of executive committee must be held
sec.20 When election of members of executive committee must be held
This section applies to a land trust if the land trust’s total income from all sources for a financial year is more than $20,000.
The land trust must, within 2 years after the end of the financial year, hold an election of members of the land trust to elect the members of its executive committee.
(sec.20-ssec.1) This section applies to a land trust if the land trust’s total income from all sources for a financial year is more than $20,000.
(sec.20-ssec.2) The land trust must, within 2 years after the end of the financial year, hold an election of members of the land trust to elect the members of its executive committee.
sec.21
Section sec.21
s 21 om 2013 SL No. 137 s 8
pt.2-div.3
Trust property
Trust property
sec.21-oc.2
Section sec.21-oc.2
s 21 om 2013 SL No. 137 s 8
sec.22
Property to be held on trust
sec.22 Property to be held on trust
A land trust is to hold, invest, use and distribute trust property—
for the benefit of the Aboriginal people for whose benefit the land trust holds the trust property; and
in compliance with the Act and this regulation.
(a) for the benefit of the Aboriginal people for whose benefit the land trust holds the trust property; and
(b) in compliance with the Act and this regulation.
sec.23
Powers in relation to trust property
sec.23 Powers in relation to trust property
The land trust may exercise the powers that an owner of real or personal property can exercise in relation to the owner’s real or personal property.
Subsection (1) is subject to the Act and this regulation.
(sec.23-ssec.1) The land trust may exercise the powers that an owner of real or personal property can exercise in relation to the owner’s real or personal property.
(sec.23-ssec.2) Subsection (1) is subject to the Act and this regulation.
sec.24
Funds to be invested under Trusts Act 1973
sec.24 Funds to be invested under Trusts Act 1973
A land trust may invest trust property only under the Trusts Act 1973 , section 21 .
All trust property is to be invested in the name of the land trust.
(sec.24-ssec.1) A land trust may invest trust property only under the Trusts Act 1973 , section 21 .
(sec.24-ssec.2) All trust property is to be invested in the name of the land trust.
sec.25
Staff and consultants, and members’ expenses, to be paid from trust property
sec.25 Staff and consultants, and members’ expenses, to be paid from trust property
The cost of employing staff or engaging consultants to assist a land trust may be paid out of the trust property of the land trust.
Amounts to be paid to members under section 4 may be paid out of the trust property of the land trust.
(sec.25-ssec.1) The cost of employing staff or engaging consultants to assist a land trust may be paid out of the trust property of the land trust.
(sec.25-ssec.2) Amounts to be paid to members under section 4 may be paid out of the trust property of the land trust.
sec.26
Application of insurance money
sec.26 Application of insurance money
An amount received or receivable under a policy of insurance for the loss or damage to trust property held, owned or leased by a land trust is part of the capital of the trust property.
The whole or a part of the amount received or receivable may also be applied by the land trust (and is to be applied if ordered by the Supreme Court) in rebuilding, reinstating, replacing or repairing the property lost or damaged.
(sec.26-ssec.1) An amount received or receivable under a policy of insurance for the loss or damage to trust property held, owned or leased by a land trust is part of the capital of the trust property.
(sec.26-ssec.2) The whole or a part of the amount received or receivable may also be applied by the land trust (and is to be applied if ordered by the Supreme Court) in rebuilding, reinstating, replacing or repairing the property lost or damaged.
pt.2-div.4
Accounts, annual financial statements and audit requirements
Accounts, annual financial statements and audit requirements
sec.27
Accounts
sec.27 Accounts
A land trust must establish the accounts necessary or convenient for its operation as a land trust.
The land trust must ensure its accounts are kept properly.
(sec.27-ssec.1) A land trust must establish the accounts necessary or convenient for its operation as a land trust.
(sec.27-ssec.2) The land trust must ensure its accounts are kept properly.
sec.28
Annual financial statement
sec.28 Annual financial statement
A land trust must, by 30 September each year, prepare and adopt an annual financial statement for the financial year most recently ended, if the land trust’s total income from all sources for that financial year is more than $20,000.
If a land trust prepares and adopts an annual financial statement under subsection (1) , the land trust must, by 31 December in the year it is adopted, give the chief executive—
a copy of the statement; and
a declaration, in the approved form, about the financial operation of the land trust for the financial year.
Each annual financial statement prepared under this section must include the following—
a balance sheet;
a profit and loss statement;
other information or documents the land trust considers relevant to the financial operation of the land trust.
(sec.28-ssec.1) A land trust must, by 30 September each year, prepare and adopt an annual financial statement for the financial year most recently ended, if the land trust’s total income from all sources for that financial year is more than $20,000.
(sec.28-ssec.2) If a land trust prepares and adopts an annual financial statement under subsection (1) , the land trust must, by 31 December in the year it is adopted, give the chief executive— a copy of the statement; and a declaration, in the approved form, about the financial operation of the land trust for the financial year.
(sec.28-ssec.3) Each annual financial statement prepared under this section must include the following— a balance sheet; a profit and loss statement; other information or documents the land trust considers relevant to the financial operation of the land trust.
(a) a copy of the statement; and
(b) a declaration, in the approved form, about the financial operation of the land trust for the financial year.
(a) a balance sheet;
(b) a profit and loss statement;
(c) other information or documents the land trust considers relevant to the financial operation of the land trust.
sec.29
Audit requirements
sec.29 Audit requirements
A land trust must have its accounts audited for each financial year by a person who is—
a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or
a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or
a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or
a person approved in writing by the chief executive as having the necessary skills and experience for conducting the audit.
The land trust must ensure the audit is completed, and it receives the audit report, by 30 November in the financial year after the financial year for which the accounts are audited.
The land trust must give the chief executive a copy of the audit report by 31 December in the financial year after the financial year for which the accounts are audited.
Despite subsections (1) to (3) , a land trust is not required to have its accounts audited for a financial year if the land trust’s total income from all sources for the financial year is not more than $20,000.
s 29 amd 2011 SL No. 190 s 3
(sec.29-ssec.1) A land trust must have its accounts audited for each financial year by a person who is— a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or a person approved in writing by the chief executive as having the necessary skills and experience for conducting the audit.
(sec.29-ssec.2) The land trust must ensure the audit is completed, and it receives the audit report, by 30 November in the financial year after the financial year for which the accounts are audited.
(sec.29-ssec.3) The land trust must give the chief executive a copy of the audit report by 31 December in the financial year after the financial year for which the accounts are audited.
(sec.29-ssec.4) Despite subsections (1) to (3) , a land trust is not required to have its accounts audited for a financial year if the land trust’s total income from all sources for the financial year is not more than $20,000.
(a) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or
(b) a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or
(c) a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or
(d) a person approved in writing by the chief executive as having the necessary skills and experience for conducting the audit.
pt.2-div.5
General meetings
General meetings
sec.30
Holding general meetings
sec.30 Holding general meetings
A land trust must hold an annual general meeting as soon as practicable after the end of each financial year.
However, a land trust need not hold a meeting under subsection (1) if—
the land trust’s total income from all sources for the financial year is not more than $20,000; and
the land trust was not required, under its rules, to hold an election in the financial year for members of its executive committee; and
the executive committee of the land trust considers there are no items of business for an annual general meeting.
A land trust may hold a special general meeting at any time.
A general meeting must be called and held in the way required under the rules of the land trust.
Subsection (4) is subject to section 31 .
(sec.30-ssec.1) A land trust must hold an annual general meeting as soon as practicable after the end of each financial year.
(sec.30-ssec.2) However, a land trust need not hold a meeting under subsection (1) if— the land trust’s total income from all sources for the financial year is not more than $20,000; and the land trust was not required, under its rules, to hold an election in the financial year for members of its executive committee; and the executive committee of the land trust considers there are no items of business for an annual general meeting.
(sec.30-ssec.3) A land trust may hold a special general meeting at any time.
(sec.30-ssec.4) A general meeting must be called and held in the way required under the rules of the land trust.
(sec.30-ssec.5) Subsection (4) is subject to section 31 .
(a) the land trust’s total income from all sources for the financial year is not more than $20,000; and
(b) the land trust was not required, under its rules, to hold an election in the financial year for members of its executive committee; and
(c) the executive committee of the land trust considers there are no items of business for an annual general meeting.
sec.31
Chief executive may call general meeting
sec.31 Chief executive may call general meeting
This section applies if—
at least 3 members of a land trust ask the chief executive in writing to call a general meeting of the land trust; and
the chief executive is satisfied—
the holding of the meeting is for a purpose relevant to the land trust; and
it is appropriate in the circumstances to hold the meeting.
The chief executive may, by written notice given to the land trust and each member of the land trust, call a general meeting of the land trust.
The chief executive, or another person approved by the chief executive, is the chairperson of the meeting.
The quorum for the meeting is—
the number of members, decided by the chief executive before the meeting is held, that the chief executive considers appropriate in the circumstances; or
if paragraph (a) does not apply—3 members.
(sec.31-ssec.1) This section applies if— at least 3 members of a land trust ask the chief executive in writing to call a general meeting of the land trust; and the chief executive is satisfied— the holding of the meeting is for a purpose relevant to the land trust; and it is appropriate in the circumstances to hold the meeting.
(sec.31-ssec.2) The chief executive may, by written notice given to the land trust and each member of the land trust, call a general meeting of the land trust.
(sec.31-ssec.3) The chief executive, or another person approved by the chief executive, is the chairperson of the meeting.
(sec.31-ssec.4) The quorum for the meeting is— the number of members, decided by the chief executive before the meeting is held, that the chief executive considers appropriate in the circumstances; or if paragraph (a) does not apply—3 members.
(a) at least 3 members of a land trust ask the chief executive in writing to call a general meeting of the land trust; and
(b) the chief executive is satisfied— (i) the holding of the meeting is for a purpose relevant to the land trust; and (ii) it is appropriate in the circumstances to hold the meeting.
(i) the holding of the meeting is for a purpose relevant to the land trust; and
(ii) it is appropriate in the circumstances to hold the meeting.
(i) the holding of the meeting is for a purpose relevant to the land trust; and
(ii) it is appropriate in the circumstances to hold the meeting.
(a) the number of members, decided by the chief executive before the meeting is held, that the chief executive considers appropriate in the circumstances; or
(b) if paragraph (a) does not apply—3 members.
sec.32
Material to be given to chief executive
sec.32 Material to be given to chief executive
As soon as practicable after a land trust holds an annual general meeting after the end of a financial year, it must give the chief executive—
a copy of the minutes of the meeting; and
a compliance statement for the financial year; and
the names and addresses of all the current members of the land trust; and
the name of each member of the land trust’s executive committee, and the position held by the member; and
a contact telephone number for the chairperson and secretary of the land trust; and
the land trust’s address for the service of documents and a contact telephone number for the land trust.
If, under section 30 (2) , a land trust need not hold an annual general meeting after the end of a financial year, the land trust must as soon as practicable after the end of the financial year give the chief executive—
a compliance statement for the financial year; and
the names and addresses of all the current members of the land trust; and
the name of each member of the land trust’s executive committee, and the position held by the member; and
a contact telephone number for the chairperson and secretary of the land trust; and
the land trust’s address for the service of documents and a contact telephone number for the land trust.
In this section—
compliance statement , for a financial year, means a statement in the approved form about a land trust’s compliance in the financial year with the obligations imposed on it under the Act and the rules of the land trust.
(sec.32-ssec.1) As soon as practicable after a land trust holds an annual general meeting after the end of a financial year, it must give the chief executive— a copy of the minutes of the meeting; and a compliance statement for the financial year; and the names and addresses of all the current members of the land trust; and the name of each member of the land trust’s executive committee, and the position held by the member; and a contact telephone number for the chairperson and secretary of the land trust; and the land trust’s address for the service of documents and a contact telephone number for the land trust.
(sec.32-ssec.2) If, under section 30 (2) , a land trust need not hold an annual general meeting after the end of a financial year, the land trust must as soon as practicable after the end of the financial year give the chief executive— a compliance statement for the financial year; and the names and addresses of all the current members of the land trust; and the name of each member of the land trust’s executive committee, and the position held by the member; and a contact telephone number for the chairperson and secretary of the land trust; and the land trust’s address for the service of documents and a contact telephone number for the land trust.
(sec.32-ssec.3) In this section— compliance statement , for a financial year, means a statement in the approved form about a land trust’s compliance in the financial year with the obligations imposed on it under the Act and the rules of the land trust.
(a) a copy of the minutes of the meeting; and
(b) a compliance statement for the financial year; and
(c) the names and addresses of all the current members of the land trust; and
(d) the name of each member of the land trust’s executive committee, and the position held by the member; and
(e) a contact telephone number for the chairperson and secretary of the land trust; and
(f) the land trust’s address for the service of documents and a contact telephone number for the land trust.
(a) a compliance statement for the financial year; and
(b) the names and addresses of all the current members of the land trust; and
(c) the name of each member of the land trust’s executive committee, and the position held by the member; and
(d) a contact telephone number for the chairperson and secretary of the land trust; and
(e) the land trust’s address for the service of documents and a contact telephone number for the land trust.
sec.33
Land trust to keep minutes of meetings
sec.33 Land trust to keep minutes of meetings
A land trust must keep minutes of its general meetings.
pt.2-div.6
Dissolution of land trust and transfer of trust property
Dissolution of land trust and transfer of trust property
sec.34
Dissolution of land trust if transferred land becomes granted land
sec.34 Dissolution of land trust if transferred land becomes granted land
This section applies if—
the whole of an area of transferred land becomes granted land; and
a land trust was formed to hold the transferred land; and
the Minister appoints an entity other than the land trust to hold the deed of grant for the granted land.
The Minister must, by gazette notice, dissolve the land trust formed to hold the transferred land.
When the land trust is dissolved, all its property, rights and liabilities become the property, rights and liabilities of the entity that holds the granted land.
(sec.34-ssec.1) This section applies if— the whole of an area of transferred land becomes granted land; and a land trust was formed to hold the transferred land; and the Minister appoints an entity other than the land trust to hold the deed of grant for the granted land.
(sec.34-ssec.2) The Minister must, by gazette notice, dissolve the land trust formed to hold the transferred land.
(sec.34-ssec.3) When the land trust is dissolved, all its property, rights and liabilities become the property, rights and liabilities of the entity that holds the granted land.
(a) the whole of an area of transferred land becomes granted land; and
(b) a land trust was formed to hold the transferred land; and
(c) the Minister appoints an entity other than the land trust to hold the deed of grant for the granted land.
sec.35
Transfer of property if part of transferred land becomes granted land
sec.35 Transfer of property if part of transferred land becomes granted land
This section applies if—
a part of transferred land becomes granted land; and
a land trust was formed to hold the transferred land; and
the Minister appoints an entity other than the land trust (the new entity ) to hold the deed of grant for the granted land.
The Minister must by gazette notice—
set out the description of the land as set out in the deed of grant held by the new entity; and
state the property, rights and liabilities of the land trust that are to become the property, rights or liabilities of the new entity.
On publication of the gazette notice, the stated property, rights and liabilities of the land trust become the property, rights and liabilities of the new entity.
(sec.35-ssec.1) This section applies if— a part of transferred land becomes granted land; and a land trust was formed to hold the transferred land; and the Minister appoints an entity other than the land trust (the new entity ) to hold the deed of grant for the granted land.
(sec.35-ssec.2) The Minister must by gazette notice— set out the description of the land as set out in the deed of grant held by the new entity; and state the property, rights and liabilities of the land trust that are to become the property, rights or liabilities of the new entity.
(sec.35-ssec.3) On publication of the gazette notice, the stated property, rights and liabilities of the land trust become the property, rights and liabilities of the new entity.
(a) a part of transferred land becomes granted land; and
(b) a land trust was formed to hold the transferred land; and
(c) the Minister appoints an entity other than the land trust (the new entity ) to hold the deed of grant for the granted land.
(a) set out the description of the land as set out in the deed of grant held by the new entity; and
(b) state the property, rights and liabilities of the land trust that are to become the property, rights or liabilities of the new entity.
pt.3
sec.36
Section sec.36
s 36 om 2014 Act No. 45 s 28
pt.4
Mining royalties
Mining royalties
sec.37
Prescribed percentage— Act , s 203
sec.37 Prescribed percentage— Act , s 203
For section 203 (2) of the Act , the percentage of the royalty amount received in a financial year is—
100% of each $1 of the royalty amount up to and including, but not more than, the threshold amount for paragraph (a) ; and
50% of each $1 of the royalty amount that is more than the threshold amount for paragraph (a) but not more than the threshold amount for paragraph (b) ; and
33.32% of each $1 of the royalty amount that is more than the threshold amount for paragraph (b) but not more than the threshold amount for paragraph (c) ; and
20% of each $1 of the royalty amount that is more than the threshold amount for paragraph (c) but not more than the threshold amount for paragraph (d) ; and
10% of each $1 of the royalty amount that is more than the threshold amount for paragraph (d) .
In this section—
consumer price index means the all groups consumer price index for Brisbane published by the Australian Statistician.
threshold amount —
for the financial year ending 30 June 2011—
for paragraph (a) , means $100,000; and
for paragraph (b) , means $200,000; and
for paragraph (c) , means $500,000; and
for paragraph (d) , means $1,000,000; and
for a later financial year—for paragraphs (a) , (b) , (c) and (d) , means the threshold amount for the particular paragraph for the financial year immediately preceding the later financial year (the previous financial year ) increased by the consumer price index for the previous financial year.
(sec.37-ssec.1) For section 203 (2) of the Act , the percentage of the royalty amount received in a financial year is— 100% of each $1 of the royalty amount up to and including, but not more than, the threshold amount for paragraph (a) ; and 50% of each $1 of the royalty amount that is more than the threshold amount for paragraph (a) but not more than the threshold amount for paragraph (b) ; and 33.32% of each $1 of the royalty amount that is more than the threshold amount for paragraph (b) but not more than the threshold amount for paragraph (c) ; and 20% of each $1 of the royalty amount that is more than the threshold amount for paragraph (c) but not more than the threshold amount for paragraph (d) ; and 10% of each $1 of the royalty amount that is more than the threshold amount for paragraph (d) .
(sec.37-ssec.2) In this section— consumer price index means the all groups consumer price index for Brisbane published by the Australian Statistician. threshold amount — for the financial year ending 30 June 2011— for paragraph (a) , means $100,000; and for paragraph (b) , means $200,000; and for paragraph (c) , means $500,000; and for paragraph (d) , means $1,000,000; and for a later financial year—for paragraphs (a) , (b) , (c) and (d) , means the threshold amount for the particular paragraph for the financial year immediately preceding the later financial year (the previous financial year ) increased by the consumer price index for the previous financial year.
(a) 100% of each $1 of the royalty amount up to and including, but not more than, the threshold amount for paragraph (a) ; and
(b) 50% of each $1 of the royalty amount that is more than the threshold amount for paragraph (a) but not more than the threshold amount for paragraph (b) ; and
(c) 33.32% of each $1 of the royalty amount that is more than the threshold amount for paragraph (b) but not more than the threshold amount for paragraph (c) ; and
(d) 20% of each $1 of the royalty amount that is more than the threshold amount for paragraph (c) but not more than the threshold amount for paragraph (d) ; and
(e) 10% of each $1 of the royalty amount that is more than the threshold amount for paragraph (d) .
(a) for the financial year ending 30 June 2011— (i) for paragraph (a) , means $100,000; and (ii) for paragraph (b) , means $200,000; and (iii) for paragraph (c) , means $500,000; and (iv) for paragraph (d) , means $1,000,000; and
(i) for paragraph (a) , means $100,000; and
(ii) for paragraph (b) , means $200,000; and
(iii) for paragraph (c) , means $500,000; and
(iv) for paragraph (d) , means $1,000,000; and
(b) for a later financial year—for paragraphs (a) , (b) , (c) and (d) , means the threshold amount for the particular paragraph for the financial year immediately preceding the later financial year (the previous financial year ) increased by the consumer price index for the previous financial year.
(i) for paragraph (a) , means $100,000; and
(ii) for paragraph (b) , means $200,000; and
(iii) for paragraph (c) , means $500,000; and
(iv) for paragraph (d) , means $1,000,000; and
pt.5
Appeals to Land Appeal Court
Appeals to Land Appeal Court
sec.38
Application of pt 5
sec.38 Application of pt 5
This part applies for section 233 of the Act .
sec.39
Starting appeal to Land Appeal Court
sec.39 Starting appeal to Land Appeal Court
A party to a proceeding before the Land Tribunal may appeal, or seek leave to appeal, against a decision of the tribunal mentioned in section 233 of the Act , by giving a written notice of appeal—
to the registrar of the Land Appeal Court; and
to all other parties to the proceeding before the tribunal or a party’s authorised agent; and
to the registrar of the tribunal.
The notice must be given no later than 42 days after the tribunal’s decision was given to the party.
If—
more than 5 Aboriginal people made the land claim the subject of the decision that is appealed against; or
more than 5 other people have a common interest in the appeal;
the registrar of the Land Appeal Court may, on application by the party who is appealing, provide for substituted service as the registrar considers reasonable.
(sec.39-ssec.1) A party to a proceeding before the Land Tribunal may appeal, or seek leave to appeal, against a decision of the tribunal mentioned in section 233 of the Act , by giving a written notice of appeal— to the registrar of the Land Appeal Court; and to all other parties to the proceeding before the tribunal or a party’s authorised agent; and to the registrar of the tribunal.
(sec.39-ssec.2) The notice must be given no later than 42 days after the tribunal’s decision was given to the party.
(sec.39-ssec.3) If— more than 5 Aboriginal people made the land claim the subject of the decision that is appealed against; or more than 5 other people have a common interest in the appeal; the registrar of the Land Appeal Court may, on application by the party who is appealing, provide for substituted service as the registrar considers reasonable.
(a) to the registrar of the Land Appeal Court; and
(b) to all other parties to the proceeding before the tribunal or a party’s authorised agent; and
(c) to the registrar of the tribunal.
(a) more than 5 Aboriginal people made the land claim the subject of the decision that is appealed against; or
(b) more than 5 other people have a common interest in the appeal;
sec.40
Court may accept some noncompliance with s 39
sec.40 Court may accept some noncompliance with s 39
This section applies if a party to a proceeding before the Land Tribunal—
complies with section 39 , other than section 39 (2) , no later than 70 days after the tribunal’s decision was given to the party and the Land Appeal Court is satisfied the party’s reasons for the noncompliance are reasonable; or
does not comply with section 39 because the party’s notice of appeal is defective and the Land Appeal Court decides the defect does not result in a detriment to the person on whom it was served and does not mislead the registrar of the Land Appeal Court.
The party is taken to have complied with section 39 for the proceeding.
(sec.40-ssec.1) This section applies if a party to a proceeding before the Land Tribunal— complies with section 39 , other than section 39 (2) , no later than 70 days after the tribunal’s decision was given to the party and the Land Appeal Court is satisfied the party’s reasons for the noncompliance are reasonable; or does not comply with section 39 because the party’s notice of appeal is defective and the Land Appeal Court decides the defect does not result in a detriment to the person on whom it was served and does not mislead the registrar of the Land Appeal Court.
(sec.40-ssec.2) The party is taken to have complied with section 39 for the proceeding.
(a) complies with section 39 , other than section 39 (2) , no later than 70 days after the tribunal’s decision was given to the party and the Land Appeal Court is satisfied the party’s reasons for the noncompliance are reasonable; or
(b) does not comply with section 39 because the party’s notice of appeal is defective and the Land Appeal Court decides the defect does not result in a detriment to the person on whom it was served and does not mislead the registrar of the Land Appeal Court.
sec.41
Other parties may give notice of appearance
sec.41 Other parties may give notice of appearance
A person who—
is given a notice of appeal; and
is interested in the appeal;
may become a party to the appeal by giving the registrar of the Land Appeal Court a written notice of appearance no later than 30 days after the person was given the notice of appeal.
(a) is given a notice of appeal; and
(b) is interested in the appeal;
sec.42
Parties to prepare summary of arguments and of new evidence
sec.42 Parties to prepare summary of arguments and of new evidence
A party to an appeal must give the registrar of the Land Appeal Court, and any other party who has given a written notice of appearance, a written summary of—
the arguments the party intends to make at the hearing of the appeal; and
any new evidence the party intends to produce at the hearing of the appeal; and
the names, addresses and occupations of the witnesses through whom it is proposed to adduce any new evidence.
The written summary must be given at least 7 days before the day on which the hearing of the appeal is to start.
Evidence not included in the summary under subsection (1) may be adduced at the hearing of the appeal only with the consent of the Land Appeal Court given on the terms as to costs and adjournments, and the conditions, the court considers appropriate.
(sec.42-ssec.1) A party to an appeal must give the registrar of the Land Appeal Court, and any other party who has given a written notice of appearance, a written summary of— the arguments the party intends to make at the hearing of the appeal; and any new evidence the party intends to produce at the hearing of the appeal; and the names, addresses and occupations of the witnesses through whom it is proposed to adduce any new evidence.
(sec.42-ssec.2) The written summary must be given at least 7 days before the day on which the hearing of the appeal is to start.
(sec.42-ssec.3) Evidence not included in the summary under subsection (1) may be adduced at the hearing of the appeal only with the consent of the Land Appeal Court given on the terms as to costs and adjournments, and the conditions, the court considers appropriate.
(a) the arguments the party intends to make at the hearing of the appeal; and
(b) any new evidence the party intends to produce at the hearing of the appeal; and
(c) the names, addresses and occupations of the witnesses through whom it is proposed to adduce any new evidence.
sec.43
Legal representation
sec.43 Legal representation
A party to an appeal may be represented by the party’s lawyer or agent.
sec.44
Forms for appeals
sec.44 Forms for appeals
If a form for a type of court document is approved for use under the Land Court Rules 2000 , a party to an appeal must use the form, with necessary changes, when the party is required to give a form of that type.
pt.6
Protected areas in Cape York Peninsula Region
Protected areas in Cape York Peninsula Region
sec.45
Section sec.45
s 45 om 2019 Act No. 17 s 25
sec.46
Section sec.46
s 46 om 2019 Act No. 17 s 25
sec.47
Section sec.47
s 47 om 2019 Act No. 17 s 25
sec.48
Section sec.48
s 48 om 2019 Act No. 17 s 25
sec.48A
Prescribed protected areas— Act , s 173
sec.48A Prescribed protected areas— Act , s 173
For section 173 (4) of the Act , definition prescribed protected area , paragraph (b) , a resources reserve stated in schedule 1 is prescribed.
Section 174 of the Act provides that prescribed protected areas in the Cape York Peninsula Region are transferable land.
s 48A ins 2018 SL No. 57 s 3
amd 2019 Act No. 17 s 27
pt.7
Miscellaneous provisions
Miscellaneous provisions
sec.48AA
Available State land that is claimable land— Act , s 23
sec.48AA Available State land that is claimable land— Act , s 23
For section 23 (1) (a) of the Act , the available State land described in schedule 2 is declared to be claimable land.
s 48AA ins 2019 Act No. 17 s 28
sec.49
References to plans
sec.49 References to plans
In schedules 1 and 2 , a reference to a plan is a reference to a plan held by, and available for inspection in, the department.
s 49 amd 2018 SL No. 57 s 4 (1)
reloc 2018 SL No. 57 s 4 (2)
amd 2019 Act No. 17 s 29
sec.50
Application of provisions for particular land
sec.50 Application of provisions for particular land
This section applies to land that—
is granted under part 4 of the Act ; and
is held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.
Sections 15 and 22 apply in relation to the land—
as if the reference in section 15 (4) , definition individual to an Aboriginal person particularly concerned with the land included a reference to a Torres Strait Islander particularly concerned with the land; and
as if the reference in section 22 (a) to Aboriginal people included a reference to Torres Strait Islanders.
s 50 amd 2014 Act No. 45 s 29
(sec.50-ssec.1) This section applies to land that— is granted under part 4 of the Act ; and is held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.
(sec.50-ssec.2) Sections 15 and 22 apply in relation to the land— as if the reference in section 15 (4) , definition individual to an Aboriginal person particularly concerned with the land included a reference to a Torres Strait Islander particularly concerned with the land; and as if the reference in section 22 (a) to Aboriginal people included a reference to Torres Strait Islanders.
(a) is granted under part 4 of the Act ; and
(b) is held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.
(a) as if the reference in section 15 (4) , definition individual to an Aboriginal person particularly concerned with the land included a reference to a Torres Strait Islander particularly concerned with the land; and
(b) as if the reference in section 22 (a) to Aboriginal people included a reference to Torres Strait Islanders.
sec.50A
Section sec.50A
s 50A ins 2013 SL No. 254 s 4
sub 2018 SL No. 118 s 3
amd 2018 SL No. 170 s 3 ; 2019 SL No. 20 s 3 ; 2019 SL No. 75 s 3
om 2019 Act No. 17 s 30
sec.50B
Land for model freehold schedule
sec.50B Land for model freehold schedule
For section 32D (4) of the Act , freehold option land for which there is an interest holder on the commencement of this section is prescribed as a type of freehold option land.
s 50B ins 2014 Act No. 45 s 30
pt.8
Repeal and transitional provisions
Repeal and transitional provisions
pt.8-div.1
Repeal
Repeal
sec.51
Repeal
sec.51 Repeal
The Aboriginal Land Regulation 1991, SL No. 218 is repealed.
pt.8-div.2
Transitional provisions
Transitional provisions
sec.52
Definition for div 2
sec.52 Definition for div 2
In this division—
commencement means the day this division commences.
sec.53
Members of executive committee continue in office
sec.53 Members of executive committee continue in office
This section applies to a person who is the chairperson, deputy chairperson, secretary or other office holder on the executive committee of a land trust immediately before the commencement.
On the commencement, the person continues as the chairperson, deputy chairperson, secretary or other office holder on the executive committee of the land trust.
(sec.53-ssec.1) This section applies to a person who is the chairperson, deputy chairperson, secretary or other office holder on the executive committee of a land trust immediately before the commencement.
(sec.53-ssec.2) On the commencement, the person continues as the chairperson, deputy chairperson, secretary or other office holder on the executive committee of the land trust.
sec.54
Land trust’s adopted rules continue
sec.54 Land trust’s adopted rules continue
This section applies to a land trust in existence immediately before the commencement.
The adopted rules of the land trust under the repealed regulation are taken to be the land trust’s adopted rules under this regulation.
(sec.54-ssec.1) This section applies to a land trust in existence immediately before the commencement.
(sec.54-ssec.2) The adopted rules of the land trust under the repealed regulation are taken to be the land trust’s adopted rules under this regulation.
sec.55
Continuing operation of particular provisions of repealed regulation
sec.55 Continuing operation of particular provisions of repealed regulation
This section applies—
to an Aboriginal land claim association incorporated under the repealed regulation and in existence immediately before the commencement; and
until the day that is 3 years after the commencement; and
despite the repeal of the repealed regulation.
The following provisions of the repealed regulation continue in force for the purpose of the dissolution or winding-up of the association—
section 2, to the extent it includes the following definitions—
association;
land claim;
land claim purposes;
public officer;
sections 16 to 18.
If a provision that is continued in force under this section imposes an obligation on an entity or provides for an entity to take a particular action in relation to the dissolution or winding-up of an Aboriginal land claim association, while the provision is continued in force—
the obligation continues to be imposed on the entity; and
the entity may take the action.
(sec.55-ssec.1) This section applies— to an Aboriginal land claim association incorporated under the repealed regulation and in existence immediately before the commencement; and until the day that is 3 years after the commencement; and despite the repeal of the repealed regulation.
(sec.55-ssec.2) The following provisions of the repealed regulation continue in force for the purpose of the dissolution or winding-up of the association— section 2, to the extent it includes the following definitions— association; land claim; land claim purposes; public officer; sections 16 to 18.
(sec.55-ssec.3) If a provision that is continued in force under this section imposes an obligation on an entity or provides for an entity to take a particular action in relation to the dissolution or winding-up of an Aboriginal land claim association, while the provision is continued in force— the obligation continues to be imposed on the entity; and the entity may take the action.
(a) to an Aboriginal land claim association incorporated under the repealed regulation and in existence immediately before the commencement; and
(b) until the day that is 3 years after the commencement; and
(c) despite the repeal of the repealed regulation.
(a) section 2, to the extent it includes the following definitions— (i) association; (ii) land claim; (iii) land claim purposes; (iv) public officer;
(i) association;
(ii) land claim;
(iii) land claim purposes;
(iv) public officer;
(b) sections 16 to 18.
(i) association;
(ii) land claim;
(iii) land claim purposes;
(iv) public officer;
(a) the obligation continues to be imposed on the entity; and
(b) the entity may take the action.
sec.56
Chief executive may dissolve Aboriginal land claim associations
sec.56 Chief executive may dissolve Aboriginal land claim associations
This section applies—
to an Aboriginal land claim association incorporated under the repealed regulation and in existence on the commencement; and
until the day that is 3 years after the commencement; and
if the chief executive is satisfied the association is no longer needed for land claim purposes.
The chief executive may give the association a written notice stating—
the chief executive intends to dissolve the association; and
the reason for the proposed dissolution; and
that the association may make written representations to the chief executive about the proposed dissolution; and
the reasonable period, of at least 3 months, in which the representations may be made.
The chief executive must consider all representations made under subsection (2).
If, after considering all representations made under subsection (2), the chief executive is satisfied the association is no longer needed for land claim purposes, the chief executive may, by gazette notice, dissolve the association.
The dissolution of the association has effect on the day the gazette notice is published.
If the association is dissolved under this section, the assets and liabilities of the association vest in the State.
(sec.56-ssec.1) This section applies— to an Aboriginal land claim association incorporated under the repealed regulation and in existence on the commencement; and until the day that is 3 years after the commencement; and if the chief executive is satisfied the association is no longer needed for land claim purposes.
(sec.56-ssec.2) The chief executive may give the association a written notice stating— the chief executive intends to dissolve the association; and the reason for the proposed dissolution; and that the association may make written representations to the chief executive about the proposed dissolution; and the reasonable period, of at least 3 months, in which the representations may be made.
(sec.56-ssec.3) The chief executive must consider all representations made under subsection (2).
(sec.56-ssec.4) If, after considering all representations made under subsection (2), the chief executive is satisfied the association is no longer needed for land claim purposes, the chief executive may, by gazette notice, dissolve the association.
(sec.56-ssec.5) The dissolution of the association has effect on the day the gazette notice is published.
(sec.56-ssec.6) If the association is dissolved under this section, the assets and liabilities of the association vest in the State.
(a) to an Aboriginal land claim association incorporated under the repealed regulation and in existence on the commencement; and
(b) until the day that is 3 years after the commencement; and
(c) if the chief executive is satisfied the association is no longer needed for land claim purposes.
(a) the chief executive intends to dissolve the association; and
(b) the reason for the proposed dissolution; and
(c) that the association may make written representations to the chief executive about the proposed dissolution; and
(d) the reasonable period, of at least 3 months, in which the representations may be made.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Aboriginal Land Regulation 2011 .
sec.2 Commencement
sec.2 Commencement
This regulation commences immediately after the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , section 90 .
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 3 defines particular words used in this regulation.
s 3 amd 2019 Act No. 17 s 24
pt.2 Provisions about land trusts
Provisions about land trusts
pt.2-div.1 Members of land trusts
Members of land trusts
sec.4 Payments to members
sec.4 Payments to members
A member may be paid an amount equal to expenses reasonably incurred, or to be incurred, in the performance of the member’s functions under the Act or this regulation.
sec.5 Land trust to indemnify members
sec.5 Land trust to indemnify members
A land trust must indemnify all its members engaged in giving effect to the Act or this regulation against all proceedings and claims in relation to—
acts done, or omitted to be done, by the member without negligence under the Act ; and
acts done, or omitted to be done, by the member in good faith and without negligence purportedly for the purposes of the Act or this regulation.
(a) acts done, or omitted to be done, by the member without negligence under the Act ; and
(b) acts done, or omitted to be done, by the member in good faith and without negligence purportedly for the purposes of the Act or this regulation.
sec.6 Immunity of members
sec.6 Immunity of members
A member—
is chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and
is answerable and accountable only for the member’s own acts, receipts, neglects or defaults.
Without limiting subsection (1) , a member is not answerable or accountable for—
the acts, receipts, neglects or defaults of another member or the land trust; or
the acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or
the insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.
(sec.6-ssec.1) A member— is chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and is answerable and accountable only for the member’s own acts, receipts, neglects or defaults.
(sec.6-ssec.2) Without limiting subsection (1) , a member is not answerable or accountable for— the acts, receipts, neglects or defaults of another member or the land trust; or the acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or the insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.
Financial governance: trusts must keep proper accounts (s 27); prepare and adopt annual financial statements where total income for the year exceeds $20,000, with a 30 September deadline for preparation and 31 December deadline for lodging copies and a declaration with the chief executive (s 28); audits are mandatory where income exceeds $20,000 and must be performed by specified categories of accountants or a chief executive‑approved person, with strict lodgement dates (s 29). Smaller trusts with income not more than $20,000 are exempt from audit and may be exempted from holding AGMs in certain circumstances (s 29(4), s 30(2)).
Investment and expenditure rules: trusts may invest trust property only under Trusts Act 1973 s 21, and all trust property must be invested in the name of the land trust (s 24); staff, consultants and member expenses may be paid from trust property (s 25); insurance proceeds are capital of the trust and may be applied to rebuild or replace damaged trust property (s 26).
Dissolution and transfer: where transferred land becomes granted land and the Minister appoints another entity to hold the deed of grant, the regulation requires gazette notice dissolving the original land trust and transfers its property, rights and liabilities to the new entity, in whole (s 34) or part (s 35).
Mining royalties allocation: the regulation prescribes a tiered percentage allocation of royalty amounts for distribution under the Act, with thresholds indexed by the Brisbane all groups consumer price index (s 37).
Appeals process: it prescribes time limits and service rules for appeals to the Land Appeal Court, opportunities for substituted service in multi‑claimant matters, obligations to file summaries and new evidence, and rights to representation (pt 5, ss 39-44).
Transitional and repeal mechanics: repeals the 1991 regulation (s 51) while carrying forward adopted rules, office holders and certain provisions for winding up associations for up to three years, and empowers the chief executive to dissolve particular Aboriginal land claim associations following notice and representations (ss 52-56).
The instrument therefore operationalises the Act’s statutory framework by allocating duties between land trusts, members, the chief executive and the Minister, by imposing specified compliance timelines, and by creating discrete thresholds and exemptions that determine where full audit, election and meeting obligations apply.
Main concepts
This regulation builds on several core concepts defined by its structure and specific sections. The central organising concept is the land trust as a fiduciary entity holding and managing trust property for the benefit of Aboriginal people for whom the trust was created (s 22). The regulation repeatedly ties conduct to that purpose by requiring compliance with the Act and the regulation in the exercise of powers (s 22, s 23).
Key conceptual building blocks are:
Trust property and its stewardship. Trust property is to be held, invested, used and distributed for beneficiaries and in compliance with the Act and regulation (s 22). A land trust is granted powers akin to an owner in relation to real and personal property, subject to the Act and regulation limits (s 23). Investment is constrained to the Trusts Act 1973 s 21 mechanisms and must be in the trust’s name (s 24).
Governance through adopted rules. Each land trust must adopt rules governing the trust, adopt initial rules promptly on formation, and lodge copies with the chief executive within 28 days of adoption or amendment (s 11). The regulation prescribes mandatory rule content including executive committee structures, decision processes, office filling procedures, dispute settlement, meeting frequencies, record keeping and procedures for incurring liabilities (s 12).
Office bearing and continuity. The instrument demands the appointment of key offices: chairperson, deputy chairperson where more than one member, and secretary where more than two members (s 8). Acting appointments are prescribed for absences or vacancies (s 9). Resignation takes effect only upon acceptance by the land trust (s 10).
Member protections and liabilities. Members may be paid reasonable expenses (s 4), must be indemnified by the trust for actions done without negligence and in good faith for the purposes of the Act/regulation (s 5), and are liable only for their own acts and receipts and only chargeable for amounts actually received (s 6).
Meeting mechanics and member participation. The regulation permits proxy voting subject to rules (s 14-17), defines when proxies count towards quorum, and requires an annual general meeting generally, with an exception for low income and limited business (s 30). The chief executive has a statutory ability to call meetings and set appropriate quorums in certain circumstances (s 31).
Financial transparency and thresholds. The regulation uses a bright-line income threshold of $20,000 to trigger obligations: elections of the executive committee must be held within two years for trusts whose income exceeds $20,000 (s 20); annual financial statements and audits are mandated for trusts with income over $20,000, with specified lodgement timelines (ss 28-29). Smaller trusts below this threshold have reduced reporting and audit obligations.
Administrative oversight and intervention. The chief executive has multiple administrative levers: receipt and inspection of rules and financial documents (s 11, s 28, s 32), approval of auditors (s 29(1)(d)), authority to call meetings and chair them (s 31), and an ability to dissolve certain land claim associations under transitional arrangements after procedural steps (s 56). Separately, the Minister may dissolve a land trust and transfer assets by gazette notice when transferred land becomes granted and a different entity is appointed to hold the deed of grant (ss 34-35).
Contingency and transitional continuity. The regulation preserves continuity by carrying forward adopted rules and incumbent office holders on commencement (ss 53-54), and by temporarily maintaining certain repealed regulation provisions to govern dissolution and winding-up of pre-existing Aboriginal land claim associations for up to three years (s 55).
These concepts combine governance prescriptions, administrative oversight and compliance thresholds to create a regime intended to operationalise trust management while setting specific procedural and financial duties. The design choices that matter for users are the income trigger at $20,000, the prescribed rule contents that limit internal rule freedom to core items, the required lodgement schedules with the chief executive, and the Minister's and chief executive’s intervention powers which can change a trust’s legal status by gazette notice (ss 20, 11, 28, 29, 31, 34-35, 56).
Who it affects
Primary entities affected are land trusts, their members, and the Aboriginal people for whose benefit a land trust holds trust property. The regulation also directly affects the Minister and the chief executive by conferring powers and procedural roles on them, and third parties such as auditors, consultants, staff, and potential grantees of deeds of grant when land transfers occur.
Specifically:
Land trusts: Subject to the full regulatory regime. Duties include adopting rules and lodging them with the chief executive (s 11), maintaining accounts and records (s 27), preparing financial statements where income exceeds $20,000 and lodging them (s 28), ensuring audits where income exceeds $20,000 (s 29), holding AGMs or complying with the limited exception (s 30), and providing material to the chief executive after AGMs (s 32). Land trusts also control payments from trust property for staff, consultants and members’ expenses (s 25).
Trust members and office-holders: Must be appointed to specified roles (s 8), may act in other executive offices when vacancies exist or incumbents are absent (s 9), can resign but resignation only takes effect when accepted by the land trust (s 10). Members receive limited remuneration for expenses (s 4), benefit from indemnity and immunity provisions (ss 5-6), and have voting rights and proxy mechanics set by the regulation (ss 15-17).
Beneficiaries: Aboriginal people for whom the trust holds property are the stated beneficiaries under s 22. The trust must hold, invest, use and distribute trust property for those Aboriginal people and in compliance with the Act and regulation (s 22). Section 50 clarifies that, where land is granted under Part 4 and held for the benefit of Aboriginal people and Torres Strait Islanders and their ancestors and descendants, certain references that otherwise use “Aboriginal” should be read to include Torres Strait Islanders, applying prescriptive sections such as s 15 and s 22 in that extended sense (s 50).
Chief executive: Receives adopted rules and financial documents, may approve auditors, may call and chair general meetings on specified member request and set quorums, and can be given audit reports and other compliance material (ss 11, 28-29, 31, 32). Under transitional provisions the chief executive can dissolve pre-existing Aboriginal land claim associations after notice and representations and vest assets and liabilities in the State (s 56).
Minister: Gains a specific power to dissolve a land trust by gazette notice when transferred land becomes granted land and the Minister appoints another entity to hold the deed of grant, with the immediate effect that the land trust’s property, rights and liabilities pass to the appointed entity (s 34). For partial transfers, the Minister must publish a gazette notice stating descriptions and which property, rights and liabilities transfer (s 35).
Auditors and approved persons: Audits must be performed by a CPA, CA, MIPA/FIPA member, or a person otherwise approved in writing by the chief executive for necessary skills and experience (s 29(1)). The chief executive’s written approval is a gatekeeping power for auditors outside those professional categories.
Parties in Land Tribunal cases and the Land Appeal Court: Parties to Land Tribunal proceedings who wish to appeal are bound by lodging and service rules, time limits, and procedural steps set out in pt 5, including notice to the registrar and other parties, summary filing obligations, and attendance and representation rules (ss 39-44).
Who pays and who decides:
Who pays: Trust property funds staff, consultants and members’ expenses (s 25). Audit costs and preparation of financial statements will ordinarily be paid from trust funds. Insurance proceeds are treated as capital and may be applied to repair or replacement (s 26).
Who decides: Land trusts decide internal rules and meetings within the mandatory framework (ss 11-12, 30), the chief executive decides on approval of auditors, whether to call a meeting and may chair it where they call it (ss 29(1)(d), 31), and the Minister decides whether to appoint another entity to hold a deed of grant and to dissolve a trust by gazette notice where transferred land is granted (ss 34-35).
Concentrated effects and distributional points in the text are direct. The regulation concentrates administrative discretion in the chief executive and Minister and concentrates reporting and audit costs on trusts whose income exceeds $20,000. Smaller trusts below that threshold enjoy reduced obligations. The requirement that investments be made under the Trusts Act 1973 s 21 confines trustees’ investment choices to statutory pathways established in that Act (s 24). The practical consequences for beneficiaries will flow from how trusts allocate resources under the prescribed rule framework and from any ministerial or chief executive interventions described above.
Key duties and rights
The regulation creates explicit duties and corresponding rights for land trusts, members, beneficiaries, and relevant State officers. Below are the principal obligations and legal entitlements set out in the text, with section references.
Duties of land trusts
Adopt and lodge rules: Must adopt rules governing the trust and lodge the first rules with the chief executive as soon as practicable, and within 28 days after adoption or amendment must give the chief executive a copy (s 11).
Ensure content of rules: Adopted rules must include specific items: executive committee establishment, decision-making processes, office creation and filling procedures, appointment of acting executive committee members, dispute settlement procedures, meeting frequency and calling procedures, record keeping and payment authorisation processes, control over trust property and procedures for incurring liabilities, and procedures for rule changes (s 12).
Financial record keeping and accounts: Must establish necessary accounts and ensure they are properly kept (s 27).
Prepare annual financial statements: If total income for the financial year exceeds $20,000, trust must prepare and adopt an annual financial statement by 30 September for the most recently ended financial year, and provide a copy and an approved-form declaration to the chief executive by 31 December (s 28).
Audit obligations: If income exceeds $20,000, accounts must be audited annually by a qualified CPA, CA, MIPA/FIPA member, or a person approved by the chief executive, with the audit completed and report received by 30 November in the following financial year and a copy lodged with the chief executive by 31 December (s 29). No audit required if total income is not more than $20,000 (s 29(4)).
Hold annual general meeting: Must hold an AGM as soon as practicable after each financial year, except in narrow circumstances where income is ≤$20,000, no election is required under the rules and the executive committee considers there are no items of business (s 30).
Provide material to chief executive: After the AGM or, if an AGM is not required under s 30(2), as soon as practicable after the end of the financial year, provide minutes, a compliance statement, names and addresses of all current members, executive committee membership and positions, contact telephone numbers for chairperson and secretary, and the land trust’s address for service (s 32).
Maintain minutes: Must keep minutes of general meetings (s 33).
Hold and invest trust property: Manage trust property for beneficiaries in compliance with the Act and the regulation (s 22); invest only under Trusts Act 1973 s 21 and in the land trust’s name (s 24).
Payments from trust property: Staff, consultant costs and member expenses (s 25) may be paid from trust property; insurance money receipts are capital and may be applied to rebuilding or reinstatement (s 26).
Rights and protections for members
Reasonable expense payments: Members may be paid amounts equal to reasonable expenses incurred or to be incurred in performing functions under the Act or regulation (s 4).
Indemnity and immunity: Trusts must indemnify members engaged in giving effect to the Act/regulation against proceedings and claims for acts done without negligence under the Act, and for acts done in good faith and without negligence purportedly for the Act/regulation’s purposes (s 5). Members are chargeable only for amounts actually received and are accountable only for their own acts and defaults (s 6).
Voting and proxies: Members entitled to attend and vote at meetings may appoint a proxy who is either a member or an Aboriginal person particularly concerned with the land, following validation requirements (s 15). Proxy appointments are effective only if received before the meeting starts (s 16), and proxies count towards quorum subject to specific counting rules (s 17).
Powers of the chief executive and Minister
Chief executive may receive rules, financial statements and audits (ss 11, 28-29), approve auditors (s 29(1)(d)), call a general meeting on written request by at least 3 members when satisfied of relevance and appropriateness, and chair such a meeting (s 31). For a meeting called by the chief executive the quorum is either a number decided by the chief executive or, if no number is decided, 3 members (s 31(4)).
Minister must dissolve a land trust by gazette where the whole of transferred land becomes granted land and the Minister appoints an entity other than the land trust to hold the deed of grant; the trust’s property, rights and liabilities vest in the new entity on dissolution (s 34). For partial transfers, the Minister must publish a gazette notice describing the land and stating which property, rights and liabilities transfer (s 35).
Appeal and procedural rights
Parties to Land Tribunal proceedings have a right to appeal to the Land Appeal Court under certain sections of the Act by lodging notice within 42 days with prescribed service to the registrar, other parties and the tribunal registrar (s 39). The Court may accept later compliance up to 70 days where reasons are reasonable or where a defective notice has no detriment (s 40). A person given notice of appeal and interested may appear by lodging a notice of appearance within 30 days (s 41). Parties must provide summaries of arguments and new evidence at least 7 days before the hearing (s 42), and may be legally represented (s 43).
Duties tied to thresholds and timelines
Election duty: If a trust’s total income exceeds $20,000 for a financial year it must hold an election of members to elect executive committee members within 2 years after the end of that financial year (s 20).
Time-limited filings and lodgements: Annual financial statements prepared by 30 September, copy and declaration to chief executive by 31 December (s 28); audit completed and report received by 30 November in the next financial year and copy to chief executive by 31 December (s 29).
These duties and rights create an operational compliance burden for land trusts, with sharper obligations kicking in above the $20,000 income threshold and administrative levers and discretion concentrated in the chief executive and the Minister for specified interventions.
Penalties and enforcement
This regulation prescribes procedural requirements, disclosure and reporting duties and confers administrative intervention powers, but it does not itself create express monetary penalties, criminal offences or detailed enforcement sanctions within the text provided. Instead, enforcement mechanisms and consequences stem from administrative levers and statutory effects:
Administrative enforcement and compliance mechanisms in the text
Chief executive oversight and approval: The chief executive is the repository for adopted rules, annual financial statements, audit reports and compliance statements (ss 11, 28-29, 32). Non-lodgement or deficient lodgement places a trust under administrative scrutiny because these documents are the means by which the chief executive monitors compliance.
Approval gate for auditors: The chief executive can approve a person to conduct audits if that person has the necessary skills and experience, thereby enabling oversight over who conducts trust audits (s 29(1)(d)).
Chief executive meeting powers: Where at least 3 members request a meeting and the chief executive is satisfied, the chief executive may call the meeting and chair it and set the quorum (s 31). This power functions as a remedial or supervisory tool where internal governance fails or members request external intervention.
Ministerial dissolution and transfer: Where transferred land becomes granted land and the Minister appoints another entity to hold the deed of grant, the Minister must dissolve the trust by gazette notice and the trust’s property, rights and liabilities pass to the new entity (ss 34-35). The dissolution by gazette effect is immediate upon publication and operates as an enforcement or reorganisation measure with significant legal effects for a trust’s assets and operations.
Transitional dissolution power: Under transitional provisions the chief executive may dissolve Aboriginal land claim associations formed under the repealed regulation if satisfied they are no longer needed for land claim purposes, but only after giving notice, allowing at least 3 months for written representations and considering those representations, and then dissolving by gazette notice, with assets and liabilities vesting in the State on dissolution (s 56). That procedure contains a substantively protective consultation step but ends in asset vesting in the State.
Indirect enforcement via statutory consequences and compliance triggers
Loss of exemption benefits: Failing to comply with the financial statement or audit obligations could result in a loss of the administrative flexibility the regulation affords smaller trusts and could invite chief executive action such as calling a meeting or intervention.
Asset transfers on dissolution: The practical enforcement consequence with the most immediate legal effect is dissolution by gazette and transfer of property and liabilities to the appointed entity or the State (ss 34-35, s 56). That mechanism removes the trust as an operational trustee without the need for a separate judicial process in the circumstances the regulation describes.
Appeal time bar consequences: For parties appealing decisions of the Land Tribunal, non-compliance with the 42 day notice period will ordinarily bar an appeal unless the Land Appeal Court accepts later compliance up to 70 days because of reasonable reasons, or accepts defective notice where it caused no detriment (ss 39-40). Non-compliance can therefore cause an appeal to be refused for jurisdictional or procedural reasons.
What the regulation does not do within its text
The instrument does not legislate express fines, criminal offences or pecuniary penalties for breaches of the regulation’s administrative requirements. It is silent on sanctions such as fines or directors’ duties remedies and does not provide for enforcement by private civil action within its own terms.
The regulation does not set out a formal inspectorate or audit enforcement team with powers to compel production, nor does it state administrative penalties for late filings beyond the statutory timetables.
Where enforcement appears, it does so through administrative discretion, statutory transfers on dissolution, and the procedural bar of appeal time limits, rather than through separate penalty provisions in the regulation itself.
Practical enforcement risks and operational consequences
The chief executive’s receipt and oversight powers create a compliance monitoring mechanism. Non-lodgement leaves a trust exposed to administrative intervention including the chief executive’s stated powers to call meetings and approve auditors and the potential for later remedial action.
Ministerial and chief executive dissolution powers are the clearest coercive tools. Trusts facing transfer of land to granted status or deemed unnecessary for land claim purposes should expect direct statutory consequences: gazette dissolution and transfer of assets and liabilities (ss 34-35, s 56).
The absence of explicit fines in the regulation may mean enforcement relies on other statutory provisions in the primary Act, common law fiduciary remedies, or administrative action. Users should check the Act itself and related statutes for additional enforcement powers that operate alongside the regulation.
In short, enforcement under the regulation is administrative and structural, focusing on reporting and approval gates, meeting and access powers, and dissolution and transfer mechanisms with immediate legal effects, rather than on enumerated monetary or criminal penalties within the regulation’s text.
How it interacts with other laws
The regulation operates as subordinate legislation to the Act, implementing and detailing obligations the Act entrusts to land trusts and State officers. It also cross-references and relies on other legislation and administrative instruments. The text itself contains several explicit cross-references that determine legal interaction.
Key interactions specified in the regulation
Relationship to the Act: The regulation consistently operates in support of the Act’s framework, implementing functions, duties and procedural details contemplated by the primary statute. Multiple sections state that obligations and powers are to be exercised “under the Act and this regulation” (s 22; s 23 states the land trust’s powers are subject to the Act and this regulation).
Trusts Act 1973: Investment of trust property is limited to the Trusts Act 1973 s 21 mechanism. Section 24 explicitly states that a land trust may invest trust property only under the Trusts Act 1973 s 21 and that all trust property is to be invested in the name of the land trust. This imports the Trusts Act investment regime into the trust’s financial decision-making and constrains investment choice to whatever processes and restrictions exist under the Trusts Act.
Land Court Rules 2000: The appeals part requires parties to use court forms approved under the Land Court Rules 2000 where applicable (s 44). This integrates procedures under the Land Court Rules into the conduct of appeals before the Land Appeal Court, ensuring procedural conformity with the established court practice regime.
Consumer price index and statistical source: The mining royalty thresholds in s 37 are indexed by reference to the all groups consumer price index for Brisbane published by the Australian Statistician. This ties the threshold adjustment mechanism to official CPI figures and thus to the federal statistical series.
Governance instruments and gazette notices: The regulation uses Gazette notices as the formal vehicle for dissolution and transfer of trust assets when land becomes granted and a different entity is appointed to hold the deed of grant (ss 34-35). The use of gazette notices aligns with standard administrative law practice for formal notices affecting statutory legal status.
Incorporation and repeal continuity: The regulation expressly repeals the Aboriginal Land Regulation 1991 (s 51) but preserves certain provisions of the repealed regulation for up to three years for the specific purpose of winding up Aboriginal land claim associations (s 55). It also carries forward adopted rules and incumbent office holders on commencement (ss 53-54). These transitional incorporations produce continuity between old and new subordinate instruments.
Areas requiring attention in interaction with other laws (as per the text)
Fiduciary and trust law overlay: By referencing the Trusts Act 1973 for investments and by giving trusts owner-like powers (s 23), the regulation places land trusts within general trust law principles and the Trusts Act investment regime. Trustees should therefore be mindful of fiduciary duties that may arise under common law or the Trusts Act, even though those duties are not restated here.
Administrative law and procedural fairness: The chief executive’s and Minister’s powers to call meetings, approve auditors, and dissolve entities by gazette carry procedural steps and discretion. For dissolution of pre-existing associations under s 56 the chief executive must give written notice, allow representations for at least 3 months, and consider those representations before dissolving. Those procedural rules will intersect with administrative law principles of natural justice and reasoned decision-making where challenged, although the regulation does not provide a statute of rights of judicial review.
Coordination with the Act’s s 173-174 definitions and transfer rules: Section 48A prescribes certain protected areas in the Cape York Peninsula Region as resources reserves and declares them as prescribed protected areas for the Act’s definition, with section 174 of the Act providing that such areas are transferable land. The regulation thus makes certain land categories within schedules 1 and 2 subject to the Act’s transfer mechanics. Users must consult the Act for the substantive consequences of “transferable land” and the processes under the Act that the regulation references.
Appeals regime and court rules: The Land Appeal Court procedures set out in pt 5 must be read alongside the Land Appeal Court’s governing rules and the Land Court Rules 2000 for form and practice requirements. The 42 day notice period for starting an appeal (s 39) and the 70 day extension possibilities (s 40) operate alongside any general court rules about service, substituted service and filing.
What the regulation does not do in respect of other laws
The regulation does not purport to displace general trust law, company law or other statutes beyond the references explicitly made. It does not, for example, remove statutory duties under other Acts or create conflicts, but it constrains trusts to the Trusts Act investment regime and dovetails with the Act’s substantive scheme.
In summary, the regulation is a subordinate instrument that implements the Act’s trust, procedural and property rules and explicitly integrates with the Trusts Act 1973 for investments, the Land Court Rules 2000 for appeals documentation, and the ABS CPI series for indexing. It uses Gazette mechanisms for formal transfers and preserves transitional continuity with the earlier regulation for a limited period.
Amendment history
The regulation text contains a number of editorial amendment markers that indicate repeal, insertion and amendment events recorded in the instrument. The text itself includes parenthetical amendment notes referencing amending instruments and sections. The document therefore embeds a visible amendment trail for specific provisions without reproducing the external instruments in full. The following is a consolidated reading of the amendment markers included in the text provided.
Key embedded amendment notations visible in the text
Definitions and commencement: Section 3 includes an amendment note s 3 amd 2019 Act No. 17 s 24, indicating that section 3 was amended by the 2019 Act No. 17, s 24.
Appointment and rules sections: Sections 8, 11 and 12 show amendment annotations to reflect legislative refinements: s 8 amd 2013 SL No. 137 s 3; s 11 amd 2013 SL No. 137 s 4; s 12 amd 2013 SL No. 137 s 5. These markers indicate amendments via subordinate legislation in 2013 to the appointment and rules provisions.
Omitted sections: The text shows that sections 18, 19, 21 and 36 were omitted in subsequent instruments: s 18 om 2013 SL No. 137 s 6; s 19 om 2013 SL No. 137 s 6; s 21 om 2013 SL No. 137 s 8; s 36 om 2014 Act No. 45 s 28. The presence of "om" signals omission by the cited amending instrument.
Audit requirements amendment: Section 29 has an amendment marker s 29 amd 2011 SL No. 190 s 3, indicating it was amended in 2011 by subordinate legislation No. 190 s 3.
Investment and protected areas insertions: Section 48A was inserted and later amended: s 48A ins 2018 SL No. 57 s 3; amd 2019 Act No. 17 s 27. This indicates the insertion in 2018 and further amendment in 2019 concerning prescribed protected areas in the Cape York Peninsula Region.
Available State land declaration: Section 48AA was inserted by s 48AA ins 2019 Act No. 17 s 28, marking a 2019 amendment adding claimable available State land in schedule 2.
References to plans: Section 49 contains amendment and relocation markers referencing 2018 SL No. 57 s 4(1) and s 4(2) for relocation and amendment, and amendment 2019 Act No. 17 s 29. This indicates the schedule plan reference mechanism was updated across 2018-2019 instruments.
Application to Torres Strait Islanders: Section 50 was amended by s 50 amd 2014 Act No. 45 s 29 to extend certain references to include Torres Strait Islanders where specified.
Inserted sections and subsequent omissions: Section 50A shows a chain of insertions and subsequent omissions: s 50A ins 2013 SL No. 254 s 4; sub 2018 SL No. 118 s 3; amd 2018 SL No. 170 s 3; amd 2019 SL No. 20 s 3; amd 2019 SL No. 75 s 3; om 2019 Act No. 17 s 30. This reflects a complex amendment and repeals path over 2013-2019 culminating in omission by the 2019 Act No. 17 s 30.
Freehold option land prescription: Section 50B was inserted by the 2014 Act No. 45 s 30.
Repeal of the previous regulation: Section 51 expressly repeals the Aboriginal Land Regulation 1991 SL No. 218.
Transitional provisions and chief executive powers: Sections 52-56 contain transitional machinery with section 56 including amendment markers reflecting continued relevance for transitional entities following the repeal.
Practical implications of the amendment markers
The amendment notes show iterative legislative attention to governance, financial and land categorisation matters primarily across 2011-2019, with multiple subordinate legislation instruments cited. Sections relevant to rules, offices, meeting mechanics and auditing have been updated by subordinate legislation and Acts during that period.
Several provisions were omitted in 2013 and 2014 and later instruments inserted or omitted through 2018-2019, indicating the regime has been actively refined, particularly concerning appeals, protected areas in Cape York, and transitional arrangements.
The repeal of the 1991 regulation and transitional carry‑through provisions indicate a deliberate migration to a new regulatory template while avoiding abrupt loss of continuity for existing associations and trusts.
For an accurate chronological amendment history outside the internal markers in this text, consultees should obtain the formal consolidated regulation and the amending instruments cited for complete dates, commencement provisions and the precise content amended or omitted. The embedded markers in the text provide the statutory references that one must use to trace the legislative instruments implementing each change.
Litigation history
The regulation text supplied contains no judicial decisions and does not cite any cases. It makes no express reference to litigation or precedent. The parts that interact with courts are procedural provisions for appeals to the Land Appeal Court (pt 5, ss 39-44), but the text itself records no litigation outcomes or contested interpretations.
What the text provides for litigation and dispute resolution
Appeal mechanics: Parties to proceedings before the Land Tribunal may appeal to the Land Appeal Court against tribunal decisions referenced in the Act (s 39). The regulation sets time limits for filing appeals, service requirements, the possibility of substituted service where numerous claimants exist, and the Court’s power to accept certain non-compliances (ss 39-40).
Evidence and procedural obligations: The regulation requires parties to prepare summaries of arguments and any new evidence and file those summaries at least 7 days before the hearing of the appeal (s 42). It also provides that evidence not included in the summary may only be adduced with the Court’s consent on terms the Court considers appropriate (s 42(3)). These rules affect tactical litigation choices about when to disclose evidence and arguments.
Rights of appearance and representation: Persons given notice of appeal and having an interest may appear by written notice within 30 days (s 41), and parties are entitled to legal representation or to be represented by an agent (s 43). Form usage is tied to the Land Court Rules 2000 where forms are approved (s 44).
Implications for litigation practitioners
Practitioners should note the tight time limits: a 42 day notice period to start an appeal from the tribunal’s decision and a 30 day period to give notice of appearance after being served (ss 39, 41). The Court has discretion to accept some late compliance up to 70 days where reasons are reasonable (s 40). Failure to comply may be fatal to an appeal absent Court discretion.
The obligation to provide summaries of arguments and new evidence at least 7 days before the hearing is a procedural duty that will affect evidence management and witness notices (s 42). The regulation permits the Court to exclude late evidence or admit it only on terms as to costs, adjournments and conditions.
Because the text does not narrate litigation history, users who need to understand how courts have interpreted these regulatory provisions must search case law databases for decisions of the Land Appeal Court and any higher court decisions that consider these sections. The regulation itself does not provide precedent guidance.
In short, the regulation sets procedural bounds for litigation before the Land Appeal Court but contains no internal litigation history. Legal practitioners must rely on external case law searches to understand judicial interpretation and application of these provisions in contested matters.
Gotchas
This section highlights traps, tight deadlines, limited discretions, and technical matters that often cause compliance failures or unintended legal effects given the regulation’s text. Each point ties directly to a specific provision.
$20,000 income threshold is a sharp divide for duties (ss 20, 28, 29, 30)
If a land trust’s total income for a financial year exceeds $20,000, the trust must hold an election of members for the executive committee within two years after the end of that financial year (s 20), prepare and adopt annual financial statements by 30 September (s 28), and have its accounts audited with strict audit completion and lodgement deadlines (s 29). Trusts marginally above $20,000 therefore face significantly higher administrative and financial costs. Small trusts just under the threshold avoid audits and may be excused from AGMs in particular circumstances (s 29(4), s 30(2)). Monitoring income flows and forecasting next financial year receipts is therefore critical.
Strict lodgement and completion dates with little margin (ss 28-29)
Annual financial statements must be prepared and adopted by 30 September and a copy plus declaration given to the chief executive by 31 December in the year it is adopted (s 28). Audits must be completed and the report received by 30 November in the following financial year and lodged with the chief executive by 31 December (s 29). These dates are calendar hard stops; late lodgement is not provided for in the regulation and could trigger administrative scrutiny or practical consequences such as chief executive intervention.
Proxy mechanics and quorum counting oddities (ss 15-17)
Proxy appointments are only valid if received before the meeting starts (s 16). Proxies must be individuals who are either a member of the land trust or an Aboriginal person particularly concerned with the land (s 15(4)). Counting proxies for quorum can produce non-intuitive results: a proxy who is also attending as a member is counted twice (s 17(3)); an individual non-member attending as a proxy counts only once (s 17(4)); and if someone appoints more than one proxy only one proxy counts (s 17(2)). These counting rules can generate surprising quorum outcomes if not modelled in advance.
Resignation not effective until acceptance by the trust (s 10)
A member’s resignation takes effect only when accepted by the land trust (s 10). That can affect quorum, voting outcomes and vacancy fill procedures, and may require trusts to have clear internal rules addressing acceptance timing to avoid governance uncertainty.
Chief executive’s wide administrative discretion in meetings and auditors (ss 29, 31, 32)
The chief executive may approve a person to conduct audits if the person has necessary skills and experience (s 29(1)(d), creating a gate for non-standard auditors). Where at least 3 members request a meeting and the chief executive is satisfied of relevance and appropriateness, the chief executive may call the meeting and set the quorum as the number the chief executive considers appropriate, otherwise 3 members (s 31(4)). This gives the chief executive flexible, case-by-case power over meeting procedures and auditor approvals.
Immediate legal effect from gazette notices on dissolution and transfers (ss 34-35)
When the Minister dissolves a land trust by gazette because transferred land becomes granted land and a different entity is appointed to hold the deed of grant, “When the land trust is dissolved, all its property, rights and liabilities become the property, rights and liabilities of the entity that holds the granted land” (s 34(3)). Gazettal produces immediate legal effect on publication. Trusts facing land grant transitions must be alert to the Minister’s appointment choices and the content of gazette notices, as asset transfer is automatic on publication.
Insurance receipts treated as capital but can be applied for rebuilding if ordered by the Supreme Court (s 26)
Insurance money is part of capital (s 26(1)). The land trust may apply the amount in rebuilding and replacement, and must do so if the Supreme Court orders it (s 26(2)). Trustees need to treat insurance proceeds as capital and seek court directions where competing uses exist.
Limited scope of indemnity and immunity (ss 5-6)
The indemnity in s 5 covers acts done without negligence under the Act and acts in good faith and without negligence purportedly for the Act’s purposes. The immunity rules in s 6 limit member liability to their own acts and to amounts actually received. These protections do not cover negligent conduct or acts outside the scope of the Act/regulation; trustees should not assume blanket protection and should maintain appropriate insurance and governance processes.
Appeal time limits are unforgiving but have limited rescue (ss 39-40)
Notice of appeal must be given no later than 42 days after the tribunal’s decision (s 39(2)). The Court may accept some noncompliance up to 70 days if reasons are reasonable, or if the notice is defective but not misleading, but that is discretionary (s 40). Practitioners must be vigilant about the 42 day window.
Investment constraint to Trusts Act 1973 s 21 (s 24)
Investment options are constrained to those permitted under Trusts Act s 21, which may limit investment vehicles a trust can lawfully use. Trustees must check the Trusts Act rules rather than assume unrestricted investment capacity.
Transitional wind-up provisions and chief executive dissolution (ss 55-56)
For Aboriginal land claim associations incorporated under the repealed regulation and existing immediately before commencement, certain repealed provisions continue for up to three years to govern dissolution or winding up (s 55). The chief executive may dissolve such an association within the transition period following notice and representations, with assets and liabilities vesting in the State upon dissolution (s 56). Associations should monitor timelines and be ready to make representations within the specified minimum 3 month period.
Forms and court procedural compliance (s 44)
Where a Land Court Rules 2000 form is approved, it must be used. Failure to adopt the required forms may be grounds for formal objection or curial rejection of a document.
These “gotchas” point to calendar discipline, strict procedural compliance, the significance of modest income thresholds, and administrative discretion concentrated with the chief executive and the Minister. Trusts and advisers should build compliance calendars, quorum models and formal lodgement processes to avoid the practical harms these technical rules can cause.
How to comply
This section provides practical, text-grounded steps a land trust, its members and advisers should follow to meet the regulation’s obligations. Each step maps to the relevant provision(s). The objective is to convert the regulation’s prescriptions into an operational compliance checklist.
Incorporate required rule content and lodge promptly (s 11, s 12)
Draft and adopt a set of rules immediately after formation. Ensure the rules include: executive committee establishment and functions; decision-making processes; creation and filling of executive offices; rules for acting appointments; dispute resolution procedures; frequency and form of meetings; calling and holding general meetings; records and transaction-keeping; authorisation procedures for payments; control over trust property; procedures for incurring liabilities; and a procedure for adopting or amending rules (s 12). Give a signed copy to the chief executive within 28 days of initial adoption or any amendment (s 11(3)). Keep a master lodgeable copy and an execution history.
Set up robust accounts and controls (s 27, s 12(h))
Establish bank accounts and ledgers necessary for operations and ensure records are properly kept (s 27). Implement internal controls for authorising payments and incurring liabilities as the rules require (s 12(h)(ii)-(iv)). Ensure all trust property and investments are held in the name of the land trust (s 24(2)).
Monitor income and the $20,000 trigger (ss 20, 28, 29, 30)
Track total income during the financial year. If anticipated or actual income exceeds $20,000 for any financial year, prepare to comply with elections obligations (election of the executive committee within two years after the end of that financial year, s 20), prepare and adopt an annual financial statement by 30 September following the financial year (s 28), and engage an approved auditor to complete the audit by 30 November in the following financial year and lodge the report with the chief executive by 31 December (s 29). If income is not more than $20,000, the trust should still maintain accounts and minutes and prepare the compliance statement required by s 32 even if an AGM is not required in limited circumstances (s 30(2)).
Prepare and lodge annual financial statements and declarations on time (s 28)
Prepare a balance sheet, profit and loss statement and any other relevant documents for the financial year. Adopt the annual financial statement by 30 September and lodge a copy and an approved-form declaration about financial operations with the chief executive by 31 December in the year of adoption (s 28(1)-(3)). Keep records of adoption minutes and the chain of authority for adoption.
Engage a qualified auditor or seek chief executive approval (s 29)
If audit is required, engage a person who is a member of CPA Australia (CPA/FCPA), a member of the Institute of Chartered Accountants in Australia (CA/FCA), a member of the Institute of Public Accountants (MIPA/FIPA), or obtain written approval from the chief executive for an appropriately skilled auditor (s 29(1)). Plan the audit timetable so the audit is completed and the trust receives the report by 30 November in the following financial year and a copy is sent to the chief executive by 31 December (s 29(2)-(3)).
Hold required meetings and manage proxies (ss 15-17, 30, 31)
Hold an AGM as soon as practicable after the end of each financial year unless the limited exception in s 30(2) applies. Follow your adopted rules for calling and holding meetings. If at least 3 members ask the chief executive to call a general meeting and the chief executive is satisfied as to relevance and appropriateness, be prepared for a meeting called by the chief executive and chaired by the chief executive or an approved person, with the quorum set by the chief executive unless the chief executive does not set a number and 3 members are then the quorum (s 31).
For proxy appointments, ensure the appointment form is signed or otherwise authenticated as the trust’s rules permit, includes names and the meeting for which it applies (s 15(2)), and is received before the meeting starts (s 16). Ensure proxies are individuals who are either members or Aboriginal people particularly concerned with the land (s 15(4)). Understand quorum counting rules: proxies count, but dual roles can create double-counting as explicitly described in s 17.
Keep minutes and provide post-AGM material to the chief executive (s 32-33)
Keep minutes of general meetings (s 33). After each AGM or, if an AGM is not required, as soon as practicable after the end of the financial year, provide the chief executive with a copy of the minutes, a compliance statement in the approved form, names and addresses of current members, executive committee membership and positions, contact telephone numbers for chairperson and secretary, and the land trust’s service address (s 32). Maintain copies and proof of delivery.
Invest only under the Trusts Act investment power and in the trust’s name (s 24)
Before making investments, consult Trusts Act 1973 s 21 to ensure permitted investments fit the statutory investment framework. Record investment decisions and evidence of compliance in the trust records. Ensure all investments are held in the land trust’s name (s 24(2)).
Authorise payments from trust property correctly (s 25, s 12(h)(ii))
Ensure staff, consultants and members’ expense payments are authorised per internal procedures and paid from trust property as permitted (s 25). Keep detailed records of payments and receipts to meet the accountability standard in s 6 and audit scrutiny in s 29.
Maintain appropriate insurance and manage insurance proceeds correctly (s 26)
Insure trust property. Treat insurance proceeds as capital of the trust (s 26(1)). Apply proceeds to rebuilding or replacement as appropriate and be ready to comply with any Supreme Court order requiring such application (s 26(2)). Keep documentation of claims and applications of proceeds.
Respect member indemnities, but manage risks (ss 5-6)
Implement operational procedures to ensure members act without negligence and in good faith to fall within indemnity protections (s 5). Maintain directors’ and officers’ insurance or equivalent to manage the residual exposure not covered by the statutory indemnity.
Prepare for possible dissolution and asset transfers (ss 34-35, 56)
Monitor any State decisions about transferred land becoming granted land and any Ministerial appointments of deed of grant holders. If the Minister appoints another entity to hold the deed of grant, expect dissolving gazette notice and immediate transfer of property, rights and liabilities (s 34). For partial transfers, expect a gazette notice identifying the described land and the property, rights and liabilities that transfer (s 35). For associations transitioning from the old regulation, expect potential chief executive actions under s 56 and prepare representations within at least the minimum 3 month consultation period.
Lawyers and documents for appeals (pt 5)
If a party intends to appeal a Land Tribunal decision under sections referenced in the Act, file a written notice of appeal within 42 days with the Land Appeal Court registrar and serve all parties and the tribunal registrar (s 39). If multiple Aboriginal people or other persons have a common interest and substituted service is required, apply to the registrar for substituted service (s 39). Prepare and file summaries of arguments and new evidence at least 7 days before the hearing (s 42), and be ready to rely upon court forms under the Land Court Rules 2000 where applicable (s 44).
Keep a compliance calendar and evidence trail
Create a compliance calendar with the following recurring dates: end of financial year, by 30 September prepare annual financial statement if triggered, by 30 November audit completion (following financial year), by 31 December lodge statements and audit reports (s 28-29), within 28 days lodge rules after adoption or amendment (s 11), and meeting dates consistent with internal rules and s 30. Keep records of service, gazette notices, and documents sent to the chief executive to evidence compliance.
Seek chief executive approvals when deviating from standard auditor categories (s 29)
If the trust proposes using a non‑listed auditor, apply to the chief executive in writing to be approved as having the necessary skills and experience well in advance of audit timetables to avoid late approvals that breach s 29(2) deadlines. Keep the chief executive’s written approval on file.
Following these steps will align a land trust’s governance and financial processes with the regulation’s requirements. The text places heavy emphasis on written records, timetabled reporting, and using the chief executive and Minister as formal points of intervention; compliance systems should therefore prioritise documentation, calendaring and timely filing.
(a) is chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and
(b) is answerable and accountable only for the member’s own acts, receipts, neglects or defaults.
(a) the acts, receipts, neglects or defaults of another member or the land trust; or
(b) the acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or
(c) the insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default.
sec.7 Protection about notice when a person is a member of more than 1 land trust
sec.7 Protection about notice when a person is a member of more than 1 land trust
A person who is a member of more than 1 land trust is not, in the absence of fraud, to be affected by notice of any instrument, fact or thing in relation to a particular land trust if the person receives the notice merely because of the person’s membership of another land trust.
sec.8 Chairperson, deputy chairperson and secretary—appointment
sec.8 Chairperson, deputy chairperson and secretary—appointment
A land trust must appoint—
a member as the chairperson of the land trust; and
if there is more than 1 member—a member as the deputy chairperson of the land trust; and
if there are more than 2 members—a member as the secretary of the land trust.
s 8 amd 2013 SL No. 137 s 3
(a) a member as the chairperson of the land trust; and
(b) if there is more than 1 member—a member as the deputy chairperson of the land trust; and
(c) if there are more than 2 members—a member as the secretary of the land trust.
sec.9 Acting as chairperson, secretary or in another executive office
sec.9 Acting as chairperson, secretary or in another executive office
The deputy chairperson may act as the chairperson during—
a vacancy in the office of chairperson; or
any period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.
Any member of a land trust may act as the secretary during—
a vacancy in the office of secretary; or
any period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.
Any member of a land trust may act in another executive office of the land trust during—
a vacancy in the office; or
any period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.
(sec.9-ssec.1) The deputy chairperson may act as the chairperson during— a vacancy in the office of chairperson; or any period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.
(sec.9-ssec.2) Any member of a land trust may act as the secretary during— a vacancy in the office of secretary; or any period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.
(sec.9-ssec.3) Any member of a land trust may act in another executive office of the land trust during— a vacancy in the office; or any period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.
(a) a vacancy in the office of chairperson; or
(b) any period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson.
(a) a vacancy in the office of secretary; or
(b) any period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary.
(a) a vacancy in the office; or
(b) any period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office.
sec.10 Resignation of members
sec.10 Resignation of members
A member of a land trust may resign by signed notice of resignation given to the land trust.
The resignation does not take effect until it is accepted by the land trust.
(sec.10-ssec.1) A member of a land trust may resign by signed notice of resignation given to the land trust.
(sec.10-ssec.2) The resignation does not take effect until it is accepted by the land trust.
pt.2-div.2 Rules of land trusts
Rules of land trusts
sec.11 Adoption of rules
sec.11 Adoption of rules
A land trust must adopt rules governing the land trust ( adopted rules ).
A land trust must adopt its first rules as soon as practicable after it comes into existence.
Within 28 days after a land trust adopts its first rules, adopts changes to its adopted rules or adopts new rules, the land trust must give the chief executive a copy of its adopted rules.
If there is an inconsistency between subdivision 2 or 3 and a land trust’s adopted rules, the subdivision prevails to the extent of the inconsistency.
s 11 amd 2013 SL No. 137 s 4
(sec.11-ssec.1) A land trust must adopt rules governing the land trust ( adopted rules ).
(sec.11-ssec.2) A land trust must adopt its first rules as soon as practicable after it comes into existence.
(sec.11-ssec.3) Within 28 days after a land trust adopts its first rules, adopts changes to its adopted rules or adopts new rules, the land trust must give the chief executive a copy of its adopted rules.
(sec.11-ssec.4) If there is an inconsistency between subdivision 2 or 3 and a land trust’s adopted rules, the subdivision prevails to the extent of the inconsistency.
sec.12 Content of adopted rules
sec.12 Content of adopted rules
The adopted rules of a land trust must include provision for the following—
the establishment, membership and functions of the land trust’s executive committee;
the process for decision-making by the land trust and its committees;
the creation of the land trust’s executive offices and the procedure for filling the offices;
the appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent;
the procedure for settling disputes between the land trust and its members;
the frequency of meetings of the executive committee, and how the meetings are to be held;
the way the land trust’s general meetings are to be called and held;
requirements for managing trust property, including requirements for the following—
keeping records of the land trust’s transactions;
procedures for authorising payments, and for making payments, out of the land trust’s funds;
keeping control over trust property;
procedures for incurring liabilities by or for the land trust;
the procedure for adopting changes to the adopted rules of the land trust and for adopting new rules.
s 12 amd 2013 SL No. 137 s 5
(a) the establishment, membership and functions of the land trust’s executive committee;
(b) the process for decision-making by the land trust and its committees;
(c) the creation of the land trust’s executive offices and the procedure for filling the offices;
(d) the appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent;
(e) the procedure for settling disputes between the land trust and its members;
(f) the frequency of meetings of the executive committee, and how the meetings are to be held;
(g) the way the land trust’s general meetings are to be called and held;
(h) requirements for managing trust property, including requirements for the following— (i) keeping records of the land trust’s transactions; (ii) procedures for authorising payments, and for making payments, out of the land trust’s funds; (iii) keeping control over trust property; (iv) procedures for incurring liabilities by or for the land trust;
(i) keeping records of the land trust’s transactions;
(ii) procedures for authorising payments, and for making payments, out of the land trust’s funds;
(iii) keeping control over trust property;
(iv) procedures for incurring liabilities by or for the land trust;
(i) the procedure for adopting changes to the adopted rules of the land trust and for adopting new rules.
(i) keeping records of the land trust’s transactions;
(ii) procedures for authorising payments, and for making payments, out of the land trust’s funds;
(iii) keeping control over trust property;
(iv) procedures for incurring liabilities by or for the land trust;
sec.13 Definition for sdiv 2
sec.13 Definition for sdiv 2
In this subdivision—
meeting , of a land trust, means—
a general meeting of the land trust; or
a meeting of the executive committee of the land trust.
(a) a general meeting of the land trust; or
(b) a meeting of the executive committee of the land trust.
sec.14 Application of sdiv 2
sec.14 Application of sdiv 2
This subdivision applies to a land trust unless, under its adopted rules, the appointment of proxies for a meeting of the land trust is not permitted.
sec.15 Appointing proxy
sec.15 Appointing proxy
A person who is entitled to attend and cast a vote at a meeting of the land trust may appoint an individual to attend and vote for the person at the meeting.
An appointment of a proxy is valid if—
it is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and
it includes the following information—
the person’s name;
the proxy’s name;
the meeting at which the appointment may be used.
An appointment may state the way the proxy is to vote on a particular resolution.
In this section—
individual means an individual who is—
a member of the land trust; or
an Aboriginal person particularly concerned with the land held by the land trust.
(sec.15-ssec.1) A person who is entitled to attend and cast a vote at a meeting of the land trust may appoint an individual to attend and vote for the person at the meeting.
(sec.15-ssec.2) An appointment of a proxy is valid if— it is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and it includes the following information— the person’s name; the proxy’s name; the meeting at which the appointment may be used.
(sec.15-ssec.3) An appointment may state the way the proxy is to vote on a particular resolution.
(sec.15-ssec.4) In this section— individual means an individual who is— a member of the land trust; or an Aboriginal person particularly concerned with the land held by the land trust.
(a) it is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and
(b) it includes the following information— (i) the person’s name; (ii) the proxy’s name; (iii) the meeting at which the appointment may be used.
(i) the person’s name;
(ii) the proxy’s name;
(iii) the meeting at which the appointment may be used.
(i) the person’s name;
(ii) the proxy’s name;
(iii) the meeting at which the appointment may be used.
(a) a member of the land trust; or
(b) an Aboriginal person particularly concerned with the land held by the land trust.
sec.16 When appointment of proxy is effective
sec.16 When appointment of proxy is effective
The appointment of a proxy for a meeting of the land trust is effective only if the proxy’s appointment is received by the land trust before the meeting starts.
sec.17 Counting proxies for quorum
sec.17 Counting proxies for quorum
In deciding whether a quorum is present at a meeting of the land trust, an individual attending the meeting as a proxy is counted.
However, if a person has appointed more than 1 proxy for a particular meeting, only 1 of the proxies is counted.
If an individual is attending a particular meeting both as a member of the land trust and as a proxy for 1 or more persons, the individual is counted only twice.
If an individual who is not a member of the land trust is attending a particular meeting as a proxy for 1 or more persons, the individual is counted only once.
(sec.17-ssec.1) In deciding whether a quorum is present at a meeting of the land trust, an individual attending the meeting as a proxy is counted.
(sec.17-ssec.2) However, if a person has appointed more than 1 proxy for a particular meeting, only 1 of the proxies is counted.
(sec.17-ssec.3) If an individual is attending a particular meeting both as a member of the land trust and as a proxy for 1 or more persons, the individual is counted only twice.
(sec.17-ssec.4) If an individual who is not a member of the land trust is attending a particular meeting as a proxy for 1 or more persons, the individual is counted only once.
Section sec.18
s 18 om 2013 SL No.
This is an opening excerpt, not the complete document.