sec.187Creation of interests in transferable land

### sec.187 Creation of interests in transferable land Nothing in this Act prevents the creation of an interest in transferable land if— the interest is a— mining interest; or geothermal tenure under the Geothermal Energy Act 2010 ; or GHG authority under the Greenhouse Gas Storage Act 2009 ; or residential tenancy; or lease or permit granted in relation to transferable land that is Torres Strait Islander trust land; or the interest is the transfer, mortgage or sublease of a trustee (Torres Strait Islander) lease; or for another interest—the Minister, subject to subsection (2) , consents to the creation of the interest. The Minister must not consent under subsection (1) (c) to the creation of the interest unless the Minister is satisfied that the creation of the interest is for the benefit of Torres Strait Islanders particularly concerned with the land. The Minister may give a relevant entity a written authority dispensing with the need to obtain the Minister’s consent to the creation of a particular type of interest in transferable land if the Minister considers it is appropriate in all the circumstances to give the authority. This section has effect despite anything in any other Act. In this section— relevant entity means a trustee, under the Land Act , of Torres Strait Islander trust land. s 187 amd 2004 No. 12 s 162 ; 2009 No. 3 s 602 ; 2011 No. 26 s 176 ; 2010 No. 31 s 575 sch 2 pt 4 (amdt 4 (to the extent it amends s 187 (3) (a) (ii) ) could not be given effect) (sec.187-ssec.1) Nothing in this Act prevents the creation of an interest in transferable land if— the interest is a— mining interest; or geothermal tenure under the Geothermal Energy Act 2010 ; or GHG authority under the Greenhouse Gas Storage Act 2009 ; or residential tenancy; or lease or permit granted in relation to transferable land that is Torres Strait Islander trust land; or the interest is the transfer, mortgage or sublease of a trustee (Torres Strait Islander) lease; or for another interest—the Minister, subject to subsection (2) , consents to the creation of the interest. (sec.187-ssec.2) The Minister must not consent under subsection (1) (c) to the creation of the interest unless the Minister is satisfied that the creation of the interest is for the benefit of Torres Strait Islanders particularly concerned with the land. (sec.187-ssec.3) The Minister may give a relevant entity a written authority dispensing with the need to obtain the Minister’s consent to the creation of a particular type of interest in transferable land if the Minister considers it is appropriate in all the circumstances to give the authority. (sec.187-ssec.4) This section has effect despite anything in any other Act. (sec.187-ssec.5) In this section— relevant entity means a trustee, under the Land Act , of Torres Strait Islander trust land. - (a) the interest is a— (i) mining interest; or (ii) geothermal tenure under the Geothermal Energy Act 2010 ; or (iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or (iv) residential tenancy; or (v) lease or permit granted in relation to transferable land that is Torres Strait Islander trust land; or - (i) mining interest; or - (ii) geothermal tenure under the Geothermal Energy Act 2010 ; or - (iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or - (iv) residential tenancy; or - (v) lease or permit granted in relation to transferable land that is Torres Strait Islander trust land; or - (b) the interest is the transfer, mortgage or sublease of a trustee (Torres Strait Islander) lease; or - (c) for another interest—the Minister, subject to subsection (2) , consents to the creation of the interest. - (i) mining interest; or - (ii) geothermal tenure under the Geothermal Energy Act 2010 ; or - (iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or - (iv) residential tenancy; or - (v) lease or permit granted in relation to transferable land that is Torres Strait Islander trust land; or