sec.11Torres Strait Islander reserve land

### sec.11 Torres Strait Islander reserve land Torres Strait Islander reserve land is land that, at the beginning of the enactment day, is— reserved and set apart under the Land Act 1962 for a Torres Strait Islander reserve or for the benefit of Torres Strait Islander inhabitants; or within the external boundaries of an area of such land and— subject to a lease granted under the Land Holding Act ; or the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted; and includes land reserved and set apart under the Land Act 1962 for any other public purpose if the Minister declares the land to be land that was, or included land that was, at the beginning of the enactment day, being used as a Torres Strait Islander reserve or for the benefit of Torres Strait Islanders. Also, Torres Strait Islander reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if— the land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and a lease under that Act has not been granted for the land. Further, Torres Strait Islander reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, ceased to be a road. Torres Strait Islander reserve land does not include land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, become a road. s 11 amd 1993 No. 85 s 168D (amd 1994 No. 61 s 2 sch 2 ); 2011 No. 26 s 140 ; 2013 No. 23 s 208 ; 2019 No. 17 s 87 (sec.11-ssec.1) Torres Strait Islander reserve land is land that, at the beginning of the enactment day, is— reserved and set apart under the Land Act 1962 for a Torres Strait Islander reserve or for the benefit of Torres Strait Islander inhabitants; or within the external boundaries of an area of such land and— subject to a lease granted under the Land Holding Act ; or the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted; and includes land reserved and set apart under the Land Act 1962 for any other public purpose if the Minister declares the land to be land that was, or included land that was, at the beginning of the enactment day, being used as a Torres Strait Islander reserve or for the benefit of Torres Strait Islanders. (sec.11-ssec.2) Also, Torres Strait Islander reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if— the land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and a lease under that Act has not been granted for the land. (sec.11-ssec.3) Further, Torres Strait Islander reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, ceased to be a road. (sec.11-ssec.4) Torres Strait Islander reserve land does not include land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, become a road. - (a) reserved and set apart under the Land Act 1962 for a Torres Strait Islander reserve or for the benefit of Torres Strait Islander inhabitants; or - (b) within the external boundaries of an area of such land and— (i) subject to a lease granted under the Land Holding Act ; or (ii) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted; - (i) subject to a lease granted under the Land Holding Act ; or - (ii) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted; - (i) subject to a lease granted under the Land Holding Act ; or - (ii) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted; - (a) the land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and - (b) a lease under that Act has not been granted for the land.