89Eligible interest in an area of land—Torrens system land

89 Eligible interest in an area of land—Torrens system land

Scope (1) This section applies to an area of land if the area is Torrens system land. Eligible interest (2) For the purposes of this Act, if: (a) a person holds an estate in fee simple, or any other legal estate or interest, in the whole or a part of the area of land; and (b) the estate or interest is registered under a Torrens system of registration; the estate or interest is an eligible interest held by the person in the area of land. (3) For the purposes of this Act, if: (a) under subsection (2), a person holds an eligible interest in the area of land; and (b) another person: (i) is a mortgagee of the eligible interest, where the mortgage is registered under a Torrens system of registration; or (ii) a chargee of the eligible interest, where the charge is registered under a Torrens system of registration; the mortgage or charge is an eligible interest held by the other person in the area of land. (4) For the purposes of this Act, if the area of land: (a) is Crown land; and (b) is not an exclusive possession native title area; and (c) is not land rights land; the Crown lands Minister of the State or Territory holds an eligible interest in the area of land. (5) The rules may provide that, for the purposes of this Act, a person specified in, or ascertained in accordance with, the rules holds an eligible interest in the area of land. (6) For the purposes of this Act, if: (a) the area of land is land rights land; and (b) the area of land is not an exclusive possession native title area; and (c) any of the following subparagraphs applies to the area of land: (i) a lease is in force over the land, and the grant of the lease took place under a law of the Commonwealth that makes provision for the grant of such things only to, or for the benefit of, Aboriginal persons or Torres Strait Islanders; (ii) subparagraph (i) does not apply, and the land is held by the Commonwealth; (iii) subparagraph (i) does not apply, and the land is held by a statutory authority of the Commonwealth; then: (d) if subparagraph (c)(i) applies—the Minister who administers the law mentioned in that subparagraph holds an eligible interest in the area of land; or (e) if subparagraph (c)(ii) applies—the Minister who administers the Aboriginal Land Rights (Northern Territory) Act 1976 holds an eligible interest in the area of land; or (f) if subparagraph (c)(iii) applies—the Minister who administers the Act that establishes the statutory authority holds an eligible interest in the area of land. (7) For the purposes of this Act, if: (a) the area of land is land rights land in a State or Territory; and (b) the area of land is not an exclusive possession native title area; and (c) none of the subparagraphs of paragraph (6)(c) applies to the area of land; and (d) the area of land is not freehold land rights land; the Crown lands Minister of the State or Territory holds an eligible interest in the area of land.