sec.78Minister’s approval to transfer

### sec.78 Minister’s approval to transfer The Minister may give an approval to transfer the land only if satisfied— the transferee agrees to the transfer; and the transferee is qualified to hold the land; and if the transferee is a CATSI corporation that is a registered native title body corporate— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. Anthropological research supports the CATSI corporation as being the appropriate transferee. it is appropriate in the circumstances to transfer the land. If the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice. The gazette notice must include all of the following— the name of the transferor; a description of the land being transferred; the name of the transferee. In this section— description , in relation to land, means the description of the land as shown in the freehold land register. s 78 ins 2011 No. 26 s 165 amd 2019 No. 7 s 309 (sec.78-ssec.1) The Minister may give an approval to transfer the land only if satisfied— the transferee agrees to the transfer; and the transferee is qualified to hold the land; and if the transferee is a CATSI corporation that is a registered native title body corporate— under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. Anthropological research supports the CATSI corporation as being the appropriate transferee. it is appropriate in the circumstances to transfer the land. (sec.78-ssec.2) If the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice. (sec.78-ssec.3) The gazette notice must include all of the following— the name of the transferor; a description of the land being transferred; the name of the transferee. (sec.78-ssec.4) In this section— description , in relation to land, means the description of the land as shown in the freehold land register. - (a) the transferee agrees to the transfer; and - (b) the transferee is qualified to hold the land; and - (c) if the transferee is a CATSI corporation that is a registered native title body corporate— (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee. - (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or - (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee. - 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. - 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. - 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. - 4 Anthropological research supports the CATSI corporation as being the appropriate transferee. - (d) it is appropriate in the circumstances to transfer the land. - (i) under the Commonwealth Native Title Act , a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or - (ii) a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and Examples of when it is appropriate for the land to be transferred to the CATSI corporation— 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. 4 Anthropological research supports the CATSI corporation as being the appropriate transferee. - 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. - 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. - 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. - 4 Anthropological research supports the CATSI corporation as being the appropriate transferee. - 1 The transfer to the CATSI corporation is supported by consultation with Torres Strait Islanders particularly concerned with the land. - 2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination. - 3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act. - 4 Anthropological research supports the CATSI corporation as being the appropriate transferee. - (a) the name of the transferor; - (b) a description of the land being transferred; - (c) the name of the transferee.