sec.135Decision-making by trustee

### sec.135 Decision-making by trustee This section applies if this Act provides that the trustee of Torres Strait Islander land is required to make a decision about the land, including, for example, a decision about any of the following— the way in which the trustee will consult about the making of a freehold instrument for the land; whether to grant an interest in the land; whether to consent to the creation of a mining interest in the land; whether to enter into an agreement about the land. The trustee must— have regard to— if the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or if subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or if there is no decision-making process mentioned in paragraph (a) (i) or relevant Island custom—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind. s 135 sub 1992 No. 20 s 159 sch 2 amd 1993 No. 85 s 170B (amd 1994 No. 61 s 2 sch 2 ); 1995 No. 57 s 4 sch 1 sub 2011 No. 26 s 165 amd 2014 No. 45 s 42 (sec.135-ssec.1) This section applies if this Act provides that the trustee of Torres Strait Islander land is required to make a decision about the land, including, for example, a decision about any of the following— the way in which the trustee will consult about the making of a freehold instrument for the land; whether to grant an interest in the land; whether to consent to the creation of a mining interest in the land; whether to enter into an agreement about the land. (sec.135-ssec.2) The trustee must— have regard to— if the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or if subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or if there is no decision-making process mentioned in paragraph (a) (i) or relevant Island custom—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind. - (a) the way in which the trustee will consult about the making of a freehold instrument for the land; - (b) whether to grant an interest in the land; - (c) whether to consent to the creation of a mining interest in the land; - (d) whether to enter into an agreement about the land. - (a) have regard to— (i) if the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or (ii) if subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or - (i) if the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or - (ii) if subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or - (b) if there is no decision-making process mentioned in paragraph (a) (i) or relevant Island custom—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind. - (i) if the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or - (ii) if subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or