QLDIn ForceAct
Land Act 1994
sec.373ZJContinuation of interest
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### sec.373ZJ Continuation of interest
Subsection (2) applies if—
an indigenous cultural interest is removed from the leasehold land register because a lease ends; and
immediately before the lease ends, the lease land was subject to the interest.
The relevant Minister for the land after the lease ends may give written approval for the interest to continue unless the land is freehold land.
If an indigenous cultural interest is continued under subsection (2) —
the continuation must be recorded in the appropriate register; and
for this Act—
the State is taken to be a party to the approved agreement for the indigenous cultural interest in place of the lessee; and
the rights and responsibilities of the lessee under the approved agreement become the rights and responsibilities of the State; and
this division continues to apply to the interest with necessary changes.
In this section—
relevant Minister , for land, means—
if the land is within a State forest, timber reserve or forest entitlement area—the Minister administering the Forestry Act 1959 ; or
if the land is within a nature conservation area or specified national park—the Minister administering the Nature Conservation Act 1992 ; or
if the land is unallocated State land, trust land or licence land—the Minister.
specified national park means the following under the Nature Conservation Act 1992 —
a national park (Aboriginal land);
a national park (Torres Strait Islander land);
a national park (Cape York Peninsula Aboriginal land);
an indigenous joint management area.
s 373ZJ ins 2013 No. 2 s 129
amd 2013 No. 55 s 175 sch 1 pt 1
(sec.373ZJ-ssec.1) Subsection (2) applies if— an indigenous cultural interest is removed from the leasehold land register because a lease ends; and immediately before the lease ends, the lease land was subject to the interest.
(sec.373ZJ-ssec.2) The relevant Minister for the land after the lease ends may give written approval for the interest to continue unless the land is freehold land.
(sec.373ZJ-ssec.3) If an indigenous cultural interest is continued under subsection (2) — the continuation must be recorded in the appropriate register; and for this Act— the State is taken to be a party to the approved agreement for the indigenous cultural interest in place of the lessee; and the rights and responsibilities of the lessee under the approved agreement become the rights and responsibilities of the State; and this division continues to apply to the interest with necessary changes.
(sec.373ZJ-ssec.4) In this section— relevant Minister , for land, means— if the land is within a State forest, timber reserve or forest entitlement area—the Minister administering the Forestry Act 1959 ; or if the land is within a nature conservation area or specified national park—the Minister administering the Nature Conservation Act 1992 ; or if the land is unallocated State land, trust land or licence land—the Minister. specified national park means the following under the Nature Conservation Act 1992 — a national park (Aboriginal land); a national park (Torres Strait Islander land); a national park (Cape York Peninsula Aboriginal land); an indigenous joint management area.
- (a) an indigenous cultural interest is removed from the leasehold land register because a lease ends; and
- (b) immediately before the lease ends, the lease land was subject to the interest.
- (a) the continuation must be recorded in the appropriate register; and
- (b) for this Act— (i) the State is taken to be a party to the approved agreement for the indigenous cultural interest in place of the lessee; and (ii) the rights and responsibilities of the lessee under the approved agreement become the rights and responsibilities of the State; and
- (i) the State is taken to be a party to the approved agreement for the indigenous cultural interest in place of the lessee; and
- (ii) the rights and responsibilities of the lessee under the approved agreement become the rights and responsibilities of the State; and
- (c) this division continues to apply to the interest with necessary changes.
- (i) the State is taken to be a party to the approved agreement for the indigenous cultural interest in place of the lessee; and
- (ii) the rights and responsibilities of the lessee under the approved agreement become the rights and responsibilities of the State; and
- (a) if the land is within a State forest, timber reserve or forest entitlement area—the Minister administering the Forestry Act 1959 ; or
- (b) if the land is within a nature conservation area or specified national park—the Minister administering the Nature Conservation Act 1992 ; or
- (c) if the land is unallocated State land, trust land or licence land—the Minister.
- (a) a national park (Aboriginal land);
- (b) a national park (Torres Strait Islander land);
- (c) a national park (Cape York Peninsula Aboriginal land);
- (d) an indigenous joint management area.