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Torres Strait Islander Land Act 1991
sec.114General requirements for Minister’s consent
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### sec.114 General requirements for Minister’s consent
A person seeking the Minister’s prior written consent to the grant of a townsite lease must give the Minister the information or documents reasonably required by the Minister to show—
the purpose of the lease; and
the grant of the lease is for the benefit of persons for whom the trustee holds the lease land; and
the grant of the lease—
will facilitate the continued operation of a township on the lease land; and
will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.
In considering whether to give the consent, the Minister—
must have regard to the information or documents given to the Minister under subsection (1) ; and
may have regard to other information the Minister reasonably considers relevant to the proposed lease.
Also, before giving the consent, the Minister must be reasonably satisfied—
the Torres Strait Islanders particularly concerned with the lease land are generally in agreement with the grant of the lease; and
the grant of the lease—
will facilitate the continued operation of a township on the lease land; and
will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.
s 114 sub 2011 No. 26 s 165
amd 2013 No. 23 s 352 sch 1 pt 1
sub 2014 No. 45 s 41
(sec.114-ssec.1) A person seeking the Minister’s prior written consent to the grant of a townsite lease must give the Minister the information or documents reasonably required by the Minister to show— the purpose of the lease; and the grant of the lease is for the benefit of persons for whom the trustee holds the lease land; and the grant of the lease— will facilitate the continued operation of a township on the lease land; and will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.
(sec.114-ssec.2) In considering whether to give the consent, the Minister— must have regard to the information or documents given to the Minister under subsection (1) ; and may have regard to other information the Minister reasonably considers relevant to the proposed lease.
(sec.114-ssec.3) Also, before giving the consent, the Minister must be reasonably satisfied— the Torres Strait Islanders particularly concerned with the lease land are generally in agreement with the grant of the lease; and the grant of the lease— will facilitate the continued operation of a township on the lease land; and will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.
- (a) the purpose of the lease; and
- (b) the grant of the lease is for the benefit of persons for whom the trustee holds the lease land; and
- (c) the grant of the lease— (i) will facilitate the continued operation of a township on the lease land; and (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.
- (i) will facilitate the continued operation of a township on the lease land; and
- (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.
- (i) will facilitate the continued operation of a township on the lease land; and
- (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.
- (a) must have regard to the information or documents given to the Minister under subsection (1) ; and
- (b) may have regard to other information the Minister reasonably considers relevant to the proposed lease.
- (a) the Torres Strait Islanders particularly concerned with the lease land are generally in agreement with the grant of the lease; and
- (b) the grant of the lease— (i) will facilitate the continued operation of a township on the lease land; and (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.
- (i) will facilitate the continued operation of a township on the lease land; and
- (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.
- (i) will facilitate the continued operation of a township on the lease land; and
- (ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.