sec.188Rights of access to interests preserved

### sec.188 Rights of access to interests preserved This section applies if— a person has an interest in land (the person’s land ); and the person’s land is— surrounded by Torres Strait Islander land; or in the vicinity of Torres Strait Islander land and the only practicable way of gaining access to the person’s land is across the Torres Strait Islander land. The person and the person’s officers, employees, agents, servants, licensees and invitees are entitled, with or without vehicles, machinery, plant and equipment (of any description), to enter and cross Torres Strait Islander land for the purpose of gaining access to the person’s land by a route— that is agreed on from time to time by the trustee of the Torres Strait Islander land and the person; or if the trustee and the person fail to agree within a reasonable time—that is determined by the Land Court on application by the trustee or person. The trustee of Torres Strait Islander land, other than a registered native title body corporate, must not agree on a route for subsection (2) (a) unless— the trustee has explained to the Torres Strait Islanders particularly concerned with the land the purpose and effect of the proposed route; and the Torres Strait Islanders are given an adequate opportunity to express their views on, and are generally in agreement with, the proposed route. Contravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (a) . If the only practicable way of gaining access to the person’s land is across Torres Strait Islander land that is the subject of a townsite lease or other registered interest ( relevant land )— subsection (2) applies to the relevant land as if the reference to the trustee of the Torres Strait Islander land, or the trustee, were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and subsection (3) does not apply. Subsection (5) does not affect the operation of subsections (2) and (3) in relation to Torres Strait Islander land that is not relevant land. s 188 amd 2008 No. 29 s 91 ; 2011 No. 26 s 177 (sec.188-ssec.1) This section applies if— a person has an interest in land (the person’s land ); and the person’s land is— surrounded by Torres Strait Islander land; or in the vicinity of Torres Strait Islander land and the only practicable way of gaining access to the person’s land is across the Torres Strait Islander land. (sec.188-ssec.2) The person and the person’s officers, employees, agents, servants, licensees and invitees are entitled, with or without vehicles, machinery, plant and equipment (of any description), to enter and cross Torres Strait Islander land for the purpose of gaining access to the person’s land by a route— that is agreed on from time to time by the trustee of the Torres Strait Islander land and the person; or if the trustee and the person fail to agree within a reasonable time—that is determined by the Land Court on application by the trustee or person. (sec.188-ssec.3) The trustee of Torres Strait Islander land, other than a registered native title body corporate, must not agree on a route for subsection (2) (a) unless— the trustee has explained to the Torres Strait Islanders particularly concerned with the land the purpose and effect of the proposed route; and the Torres Strait Islanders are given an adequate opportunity to express their views on, and are generally in agreement with, the proposed route. (sec.188-ssec.4) Contravention of subsection (3) does not invalidate an agreement made for the purposes of subsection (2) (a) . (sec.188-ssec.5) If the only practicable way of gaining access to the person’s land is across Torres Strait Islander land that is the subject of a townsite lease or other registered interest ( relevant land )— subsection (2) applies to the relevant land as if the reference to the trustee of the Torres Strait Islander land, or the trustee, were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and subsection (3) does not apply. (sec.188-ssec.6) Subsection (5) does not affect the operation of subsections (2) and (3) in relation to Torres Strait Islander land that is not relevant land. - (a) a person has an interest in land (the person’s land ); and - (b) the person’s land is— (i) surrounded by Torres Strait Islander land; or (ii) in the vicinity of Torres Strait Islander land and the only practicable way of gaining access to the person’s land is across the Torres Strait Islander land. - (i) surrounded by Torres Strait Islander land; or - (ii) in the vicinity of Torres Strait Islander land and the only practicable way of gaining access to the person’s land is across the Torres Strait Islander land. - (i) surrounded by Torres Strait Islander land; or - (ii) in the vicinity of Torres Strait Islander land and the only practicable way of gaining access to the person’s land is across the Torres Strait Islander land. - (a) that is agreed on from time to time by the trustee of the Torres Strait Islander land and the person; or - (b) if the trustee and the person fail to agree within a reasonable time—that is determined by the Land Court on application by the trustee or person. - (a) the trustee has explained to the Torres Strait Islanders particularly concerned with the land the purpose and effect of the proposed route; and - (b) the Torres Strait Islanders are given an adequate opportunity to express their views on, and are generally in agreement with, the proposed route. - (a) subsection (2) applies to the relevant land as if the reference to the trustee of the Torres Strait Islander land, or the trustee, were a reference to the lessee of the townsite lease or the person registered in the appropriate register as the holder of the other interest; and - (b) subsection (3) does not apply.