QLDIn ForceAct
Land Act 1994
sec.373ZFAmending interest
Start here
Get a plain-English read of sec.373ZF
Turn the raw legal text into a practical explanation grounded in Land Act 1994.
### sec.373ZF Amending interest
An indigenous cultural interest may be amended only by registering a document amending the interest.
However, the amendment can not—
increase or decrease the area of the land the subject of the indigenous cultural interest; or
add or remove a party to the interest.
Also, if the amendment relates to an amendment or replacement of the approved agreement for the indigenous cultural interest, the amendment of the interest must be approved by the chief executive before the document amending the interest is registered.
The chief executive may approve an amendment relating to an amendment or replacement of the approved agreement for the indigenous cultural interest only if—
the chief executive is satisfied the proposed amended agreement or replacement agreement—
includes the mandatory terms for the agreement; and
complies with the set format for the agreement; and
the chief executive is satisfied the conditions for the exercise of traditional activities under the proposed amended agreement or replacement agreement are appropriate having regard to the following—
the types of the activities;
the size of the area to which the agreement applies;
the reasonableness of any restrictions imposed;
another matter the chief executive considers relevant.
The chief executive’s approval may be given subject to conditions.
In this section—
traditional activities means—
activities for traditional purposes; and
activities incidental to an activity mentioned in paragraph (a) .
s 373ZF ins 2013 No. 2 s 129
amd 2019 No. 17 s 175
(sec.373ZF-ssec.1) An indigenous cultural interest may be amended only by registering a document amending the interest.
(sec.373ZF-ssec.2) However, the amendment can not— increase or decrease the area of the land the subject of the indigenous cultural interest; or add or remove a party to the interest.
(sec.373ZF-ssec.3) Also, if the amendment relates to an amendment or replacement of the approved agreement for the indigenous cultural interest, the amendment of the interest must be approved by the chief executive before the document amending the interest is registered.
(sec.373ZF-ssec.4) The chief executive may approve an amendment relating to an amendment or replacement of the approved agreement for the indigenous cultural interest only if— the chief executive is satisfied the proposed amended agreement or replacement agreement— includes the mandatory terms for the agreement; and complies with the set format for the agreement; and the chief executive is satisfied the conditions for the exercise of traditional activities under the proposed amended agreement or replacement agreement are appropriate having regard to the following— the types of the activities; the size of the area to which the agreement applies; the reasonableness of any restrictions imposed; another matter the chief executive considers relevant.
(sec.373ZF-ssec.5) The chief executive’s approval may be given subject to conditions.
(sec.373ZF-ssec.6) In this section— traditional activities means— activities for traditional purposes; and activities incidental to an activity mentioned in paragraph (a) .
- (a) increase or decrease the area of the land the subject of the indigenous cultural interest; or
- (b) add or remove a party to the interest.
- (a) the chief executive is satisfied the proposed amended agreement or replacement agreement— (i) includes the mandatory terms for the agreement; and (ii) complies with the set format for the agreement; and
- (i) includes the mandatory terms for the agreement; and
- (ii) complies with the set format for the agreement; and
- (b) the chief executive is satisfied the conditions for the exercise of traditional activities under the proposed amended agreement or replacement agreement are appropriate having regard to the following— (i) the types of the activities; (ii) the size of the area to which the agreement applies; (iii) the reasonableness of any restrictions imposed; (iv) another matter the chief executive considers relevant.
- (i) the types of the activities;
- (ii) the size of the area to which the agreement applies;
- (iii) the reasonableness of any restrictions imposed;
- (iv) another matter the chief executive considers relevant.
- (i) includes the mandatory terms for the agreement; and
- (ii) complies with the set format for the agreement; and
- (i) the types of the activities;
- (ii) the size of the area to which the agreement applies;
- (iii) the reasonableness of any restrictions imposed;
- (iv) another matter the chief executive considers relevant.
- (a) activities for traditional purposes; and
- (b) activities incidental to an activity mentioned in paragraph (a) .