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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Aboriginal and Torres Strait
Islander Land Amendment Bill
2008
Queensland
Aboriginal and Torres Strait Islander Land
Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 2 Amendment of Aboriginal Land Act 1991
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Omission of s 5 (Meaning of native title interests) . . . . . . . . . . . . 18
6 Replacement of s 6 (Crown bound) . . . . . . . . . . . . . . . . . . . . . . . 18
6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . 18
7 Amendment of s 10 (Meaning of Aboriginal land) . . . . . . . . . . . . 19
8 Amendment of s 11 (Meaning of transferable and transferred
land) .......................................... 19
9 Amendment of s 12 (Lands that are transferable lands) . . . . . . . 19
10 Amendment of s 13 (DOGIT land) . . . . . . . . . . . . . . . . . . . . . . . . 20
11 Amendment of s 15 (Aurukun Shire lease land). . . . . . . . . . . . . . 20
12 Amendment of s 16 (Mornington Island Shire lease land) . . . . . . 20
13 Insertion of new pt 2, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3A Declarations about particular transferable land
16A Definition for div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 21
16B Particular land may be declared to be not
transferable land ........................ 21
16C Notice of intention to make declaration . . . . . . . . . . . 22
16D Minister to consider representations and give notice
of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
16E Appeal against particular decision . . . . . . . . . . . . . . . 24
16F Powers of Land Court on appeal . . . . . . . . . . . . . . . . 24
16G Notice about declarations--trustee . . . . . . . . . . . . . . 25
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Contents
16H Notice about declarations--registrar . . . . . . . . . . . . . 25
16I Requirements about plans of subdivision for
declarations under s 16B . . . . . . . . . . . . . . . . . . . . . . 25
14 Amendment of s 19 (Lands that are available Crown
land--general) .................................. 26
15 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 2A Formal expression of interest about land
26A Purpose of pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
26B Land to which pt 2A applies . . . . . . . . . . . . . . . . . . . . 27
26C Expression of interest in having land made
transferable land ......................... 27
26D Chief executive to consider expression of interest . . . 28
26E Consideration of expression of interest does not
impose obligation on State . . . . . . . . . . . . . . . . . . . . . 28
16 Amendment of s 27 (Deeds of grant to be prepared) . . . . . . . . . . 28
17 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
27A Appointment of registered native title body
corporate as grantee . . . . . . . . . . . . . . . . . . . . . . . . . 29
18 Amendment of s 28 (Minister to appoint trustees) . . . . . . . . . . . . 30
19 Insertion of new ss 28A and 28B . . . . . . . . . . . . . . . . . . . . . . . . . 31
28A Procedure for appointing grantees . . . . . . . . . . . . . . . 31
28B Application of Trusts Act 1973 . . . . . . . . . . . . . . . . . . 31
20 Amendment of s 29 (Minister to act as soon as possible) . . . . . . 32
21 Amendment of s 31 (Inclusion of additional areas in deed of
grant) ........................................ 32
22 Amendment of s 33 (Existing interests) . . . . . . . . . . . . . . . . . . . . 32
23 Amendment of s 35 (Cancellation of deed of grant in trust) . . . . . 33
24 Replacement of ss 39 and 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision 1 General
39 Power to deal with transferred land . . . . . . . . . . . . . . 34
40 Requirement for consultation . . . . . . . . . . . . . . . . . . . 34
40A Provision about Minister's consent . . . . . . . . . . . . . . . 35
40B Provision about particular leases . . . . . . . . . . . . . . . . 36
Subdivision 2 Sale or mortgage prohibited
40C Prohibition on sale or mortgage of transferred land . . 36
Subdivision 3 Grant of leases
40D Grant of lease for transferred land . . . . . . . . . . . . . . . 36
40E Particular restrictions on grant of leases . . . . . . . . . . 37
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Contents
40F Requirements for Minister's consent--general. . . . . . 38
40G Particular requirement for Minister's consent for
lease for commercial purpose . . . . . . . . . . . . . . . . . . 39
40H Conditions of leases--general . . . . . . . . . . . . . . . . . . 40
40I Requirement for Minister's consent for creation of
interest under a lease. . . . . . . . . . . . . . . . . . . . . . . . . 41
40J Leases for private residential purposes--general
conditions and requirements . . . . . . . . . . . . . . . . . . . 42
40K Leases for private residential purposes--particular
requirements if dwelling situated on land . . . . . . . . . . 43
40L Renewal of lease or sublease . . . . . . . . . . . . . . . . . . 44
40M Transfer or amendment of lease or sublease . . . . . . . 45
40N Lease, sublease and transfer, amendment or
surrender of lease or sublease to be registered . . . . . 46
Subdivision 4 Forfeiture of particular leases
40O Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 46
40P Grounds for forfeiture of lease . . . . . . . . . . . . . . . . . . 46
40Q Application to Land Court for forfeiture. . . . . . . . . . . . 47
40R Trustee's options if Land Court decides lease may
be forfeited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
40S Notice and effect of forfeiture . . . . . . . . . . . . . . . . . . . 47
40T Payment by trustee for forfeited lease . . . . . . . . . . . . 48
40U Unclaimed amounts . . . . . . . . . . . . . . . . . . . . . . . . . . 49
40V Amounts owing to trustee or mortgagee to be
deducted .............................. 49
40W Payment of amount to mortgagee in discharge of
mortgage ............................ 49
40X Appeal against decision under s 40T . . . . . . . . . . . . . 50
40Y Powers of Land Court on appeal . . . . . . . . . . . . . . . . 51
Subdivision 5 Grant of licences
40Z Grant of licence for transferred land . . . . . . . . . . . . . . 51
40ZA Conditions of licences . . . . . . . . . . . . . . . . . . . . . . . . 52
Subdivision 6 Transfer of land held by land trust
40ZB Application of sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . 52
40ZC Transfer of transferred land held by land trust . . . . . . 52
40ZD Application for approval to transfer . . . . . . . . . . . . . . . 53
40ZE Minister's approval to transfer. . . . . . . . . . . . . . . . . . . 53
40ZF Effect of gazette notice about transfer . . . . . . . . . . . . 54
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Contents
Subdivision 7 Transfer of land held by registered native title
body corporate
40ZG Transfer of transferred land held by registered native
title body corporate. . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Subdivision 8 Land in Cape York Peninsula Region
40ZH Dealing with particular transferred land in Cape
York Peninsula Region . . . . . . . . . . . . . . . . . . . . . . . . 55
Subdivision 9 Other matters
40ZI Trustee to advise chief executive of change to
description of land . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
40ZJ Particular dealings in transferred land void . . . . . . . . 56
25 Amendment of s 41 (No resumption of transferred land etc.). . . . 56
26 Amendment of s 43 (Reservations of forest products and
quarry material etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
27 Amendment of s 48 (Time limit for making of claims). . . . . . . . . . 57
28 Amendment of s 63 (Deeds of grant to be prepared) . . . . . . . . . . 58
29 Amendment of s 64 (Leases to be prepared). . . . . . . . . . . . . . . . 58
30 Amendment of s 71 (Existing interests) . . . . . . . . . . . . . . . . . . . . 58
31 Omission of s 72 (Interests to be endorsed on deed) . . . . . . . . . 59
32 Amendment of s 73 (Cancellation of existing deed of grant) . . . . 59
33 Replacement of ss 76 and 77. . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Subdivision 1 General
76 Power to deal with granted land . . . . . . . . . . . . . . . . . 59
77 Requirement for consultation . . . . . . . . . . . . . . . . . . . 60
77A Provision about Minister's consent . . . . . . . . . . . . . . . 61
77B Provision about particular leases . . . . . . . . . . . . . . . . 62
Subdivision 2 Sale or mortgage prohibited
77C Prohibition on sale or mortgage of granted land and
sale of Aboriginal lease . . . . . . . . . . . . . . . . . . . . . . . 62
Subdivision 3 Grant of leases
77D Grant of lease for granted land. . . . . . . . . . . . . . . . . . 62
77E Particular restrictions on grant of leases . . . . . . . . . . 63
77F Requirements for Minister's consent--general. . . . . . 64
77G Particular requirement for Minister's consent for
lease for commercial purpose . . . . . . . . . . . . . . . . . . 65
77H Conditions of leases--general . . . . . . . . . . . . . . . . . . 66
77I Requirement for Minister's consent for creation of
interest under a lease. . . . . . . . . . . . . . . . . . . . . . . . . 67
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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77J Leases for private residential purposes--general
conditions and requirements . . . . . . . . . . . . . . . . . . . 68
77K Leases for private residential purposes--particular
requirements if dwelling situated on land . . . . . . . . . . 69
77L Renewal of lease or sublease . . . . . . . . . . . . . . . . . . 70
77M Transfer or amendment of lease or sublease . . . . . . . 71
77N Lease, sublease and transfer, amendment or
surrender of lease or sublease to be registered . . . . . 72
Subdivision 4 Forfeiture of particular leases
77O Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 72
77P Grounds for forfeiture of lease . . . . . . . . . . . . . . . . . . 72
77Q Application to Land Court for forfeiture. . . . . . . . . . . . 73
77R Trustee's options if Land Court decides lease may
be forfeited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
77S Notice and effect of forfeiture . . . . . . . . . . . . . . . . . . . 73
77T Payment by trustee for forfeited lease . . . . . . . . . . . . 74
77U Unclaimed amounts . . . . . . . . . . . . . . . . . . . . . . . . . . 75
77V Amounts owing to trustee or mortgagee to be
deducted ............................. 75
77W Payment of amount to mortgagee in discharge of
mortgage ............................ 75
77X Appeal against decision under s 77T . . . . . . . . . . . . . 76
77Y Powers of Land Court on appeal . . . . . . . . . . . . . . . . 77
Subdivision 5 Grant of licences
77Z Grant of licence for granted land . . . . . . . . . . . . . . . . 77
77ZA Conditions of licences . . . . . . . . . . . . . . . . . . . . . . . . 78
Subdivision 6 Transfer of land
77ZB Transfer of granted land . . . . . . . . . . . . . . . . . . . . . . . 78
77ZC Application for approval to transfer . . . . . . . . . . . . . . . 79
77ZD Minister's approval to transfer. . . . . . . . . . . . . . . . . . . 79
77ZE Effect of gazette notice about transfer . . . . . . . . . . . . 80
Subdivision 7 Land in Cape York Peninsula Region
77ZF Dealing with particular granted land in Cape York
Peninsula Region . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Subdivision 8 Other matters
77ZG Trustee to advise chief executive of change to
description of land . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
77ZH Particular dealings in granted land void . . . . . . . . . . . 81
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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34 Amendment of s 78 (No resumption of granted land etc.) . . . . . . 82
35 Amendment of s 79 (Devolution of granted land) . . . . . . . . . . . . . 83
36 Amendment of s 81 (Reservations of forest products and
quarry material etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
37 Amendment of s 82 (Rights of access preserved) . . . . . . . . . . . . 84
38 Amendment, relocation and renumbering of s 83 (National
park subject to lease to State etc.) . . . . . . . . . . . . . . . . . . . . . . . . 84
39 Amendment, relocation and renumbering of s 83E (Land trust
to enter into indigenous management agreement). . . . . . . . . . . . 85
40 Amendment of s 83G (Requirements for indigenous
management agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
41 Amendment of s 83H (Amending indigenous management
agreement) .................................... 86
42 Amendment of s 83I (Recording of indigenous management
agreement) .................................... 86
43 Amendment of s 83J (Requirements about grant of national
parks in Cape York Peninsula Region) . . . . . . . . . . . . . . . . . . . . . 86
44 Insertion of new pts 5D5F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Part 5D Decision making process
83M When agreement of Aboriginal people is given . . . . . 87
83N Decision making by trustee . . . . . . . . . . . . . . . . . . . . 87
Part 5E Provisions about mortgages of leases over
Aboriginal land
83O Application of pt 5E . . . . . . . . . . . . . . . . . . . . . . . . . . 88
83P Provisions about entering into possession, and
selling, lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
83Q How trustee deals with proceeds of sale . . . . . . . . . . 89
Part 5F Leasing of Aboriginal trust land
Division 1 Preliminary
83R Definitions for pt 5F . . . . . . . . . . . . . . . . . . . . . . . . . . 90
83S Relationship with Land Act . . . . . . . . . . . . . . . . . . . . . 90
Division 2 Leases
83T Trustee (Aboriginal) leases. . . . . . . . . . . . . . . . . . . . . 91
83U Amending trustee (Aboriginal) lease . . . . . . . . . . . . . 92
83V Mortgage of trustee (Aboriginal) lease . . . . . . . . . . . . 93
83W Surrender of trustee (Aboriginal) lease . . . . . . . . . . . 93
Division 3 Other matters
83X Trustee to advise about ending of particular lease
for commercial purpose . . . . . . . . . . . . . . . . . . . . . . . 94
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83Y Recording information about land . . . . . . . . . . . . . . . 94
45 Amendment of s 84 (Crown's use of Aboriginal land preserved) . 94
46 Amendment of s 85 (No rent payable by Crown) . . . . . . . . . . . . . 95
47 Amendment of s 86 (Access to land used by Crown). . . . . . . . . . 95
48 Amendment of s 87 (Application of Mineral Resources Act) . . . . 96
49 Amendment of s 88 (Royalties in relation to mining on
Aboriginal land) .................................. 97
50 Insertion of new s 114A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
114A Tribunal may order that particular claimable land is
transferable land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
51 Amendment of s 131 (Creation of interests in transferable and
claimable land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
52 Amendment of s 132 (Rights of access to interests preserved). . 100
53 Amendment of s 134 (Delegation by Minister) . . . . . . . . . . . . . . . 100
54 Amendment of s 136 (Amendment of description of land) . . . . . . 100
55 Insertion of new ss 136A and 136B . . . . . . . . . . . . . . . . . . . . . . . 101
136A Dealing with particular trust property . . . . . . . . . . . . . 101
136B Application of Residential Tenancies Act 1994. . . . . . 102
56 Amendment of s 137A (Application of Financial Administration
and Audit Act 1977) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
57 Amendment of s 138 (Regulation-making power) . . . . . . . . . . . . 102
58 Insertion of new s 139A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
139A Existing interest in transferable land. . . . . . . . . . . . . . 103
59 Insertion of new pt 11, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Division 2 Transitional provisions for Aboriginal and
Torres Strait Islander Land Amendment Act
2008
Subdivision 1 Preliminary
141 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Subdivision 2 Transitional provisions
142 Transferred land--change to beneficiaries . . . . . . . . . 104
143 Interests in Aboriginal land continue . . . . . . . . . . . . . 104
Part 3 Amendment of Land Act 1994
60 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
61 Insertion of new s 34P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
34P Requirement about covenant for DOGIT land . . . . . . 104
62 Amendment of s 43 (Only Parliament may delete land from or
cancel an existing deed of grant in trust) . . . . . . . . . . . . . . . . . . . 105
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63 Amendment of s 57 (Trustee leases) . . . . . . . . . . . . . . . . . . . . . . 106
64 Insertion of new ch 9, pt 1E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Part 1E Transitional provision for Aboriginal and Torres
Strait Islander Land Amendment Act 2008
521P Trustee leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Part 4 Amendment of Land Court Act 2000
65 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
66 Amendment of s 32J (Land Court has power of the Supreme
Court for particular purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
67 Amendment of s 60 (Questions of law from a land tribunal). . . . . 107
Part 5 Amendment of Local Government (Aboriginal Lands) Act
1978
68 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
69 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 108
70 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Part 5A Resumption of leases
33A Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 108
33B Resumption of lease. . . . . . . . . . . . . . . . . . . . . . . . . . 109
33C Effect of resumption . . . . . . . . . . . . . . . . . . . . . . . . . . 109
33D Service of order in council . . . . . . . . . . . . . . . . . . . . . 110
33E Compensation under Acquisition Act . . . . . . . . . . . . . 110
33F Revoking a resumption. . . . . . . . . . . . . . . . . . . . . . . . 111
33G Compensation by Minister if resumption is revoked . . 111
33H Appeal against decision under s 33G. . . . . . . . . . . . . 112
33I Powers of Land Court on appeal . . . . . . . . . . . . . . . . 112
Part 6 Amendment of Native Title (Queensland) Act 1993
71 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
72 Amendment of s 144 (Declaration about compulsory
acquisitions) ................................... 113
Part 7 Amendment of Torres Strait Islander Land Act 1991
73 Act amended in pt 7 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 114
74 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 114
75 Amendment of s 9 (Meaning of Torres Strait Islander land) . . . . . 116
76 Amendment of s 10 (Meaning of transferable and transferred
land) ......................................... 116
77 Amendment of s 11 (Lands that are transferable lands) . . . . . . . 116
78 Insertion of new pt 2, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
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Division 3A Declarations about particular transferable land
13A Definition for div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 117
13B Particular land may be declared to be not
transferable land ......................... 117
13C Notice of intention to make declaration . . . . . . . . . . . 118
13D Minister to consider representations and give notice
of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
13E Appeal against particular decision . . . . . . . . . . . . . . . 119
13F Powers of Land Court on appeal . . . . . . . . . . . . . . . . 120
13G Notice about declarations--trustee . . . . . . . . . . . . . . 120
13H Notice about declarations--registrar . . . . . . . . . . . . . 120
13I Requirements about plans of subdivision for
declarations under s 13B . . . . . . . . . . . . . . . . . . . . . . 121
79 Amendment of s 25 (Deeds of grant to be prepared) . . . . . . . . . . 121
80 Insertion of new s 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
25A Appointment of registered native title body corporate
as grantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
81 Amendment of s 26 (Minister to appoint trustees) . . . . . . . . . . . . 123
82 Insertion of new s 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
26A Application of Trusts Act 1973 . . . . . . . . . . . . . . . . . . 124
83 Amendment of s 27 (Minister to act as soon as possible) . . . . . . 124
84 Amendment of s 29 (Inclusion of additional areas in deed of
grant) ........................................ 124
85 Replacement of ss 36 and 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Subdivision 1 General
36 Power to deal with transferred land . . . . . . . . . . . . . . 125
37 Requirement for consultation . . . . . . . . . . . . . . . . . . . 125
37A Provision about Minister's consent . . . . . . . . . . . . . . . 126
37B Provision about particular leases . . . . . . . . . . . . . . . . 127
Subdivision 2 Sale or mortgage prohibited
37C Prohibition on sale or mortgage of transferred land . . 127
Subdivision 3 Grant of leases
37D Grant of lease for transferred land . . . . . . . . . . . . . . . 127
37E Particular restrictions on grant of leases . . . . . . . . . . 128
37F Requirements for Minister's consent--general. . . . . . 129
37G Particular requirement for Minister's consent for
lease for commercial purpose . . . . . . . . . . . . . . . . . . 130
37H Conditions of leases--general . . . . . . . . . . . . . . . . . . 131
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37I Requirement for Minister's consent for creation of
interest under a lease. . . . . . . . . . . . . . . . . . . . . . . . . 132
37J Leases for private residential purposes--general
conditions and requirements . . . . . . . . . . . . . . . . . . . 133
37K Leases for private residential purposes--particular
requirements if dwelling situated on land . . . . . . . . . . 134
37L Renewal of lease or sublease . . . . . . . . . . . . . . . . . . 135
37M Transfer or amendment of lease or sublease . . . . . . . 136
37N Lease, sublease and transfer, amendment or
surrender of lease or sublease to be registered . . . . . 137
Subdivision 4 Forfeiture of particular leases
37O Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 137
37P Grounds for forfeiture of lease . . . . . . . . . . . . . . . . . . 137
37Q Application to Land Court for forfeiture. . . . . . . . . . . . 138
37R Grantees' options if Land Court decides lease may
be forfeited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
37S Notice and effect of forfeiture . . . . . . . . . . . . . . . . . . . 139
37T Payment by grantees for forfeited lease . . . . . . . . . . . 139
37U Unclaimed amounts . . . . . . . . . . . . . . . . . . . . . . . . . . 140
37V Amounts owing to grantees or mortgagee to be
deducted ............................. 140
37W Payment of amount to mortgagee in discharge of
mortgage ............................ 141
37X Appeal against decision under s 37T . . . . . . . . . . . . . 141
37Y Powers of Land Court on appeal . . . . . . . . . . . . . . . . 142
Subdivision 5 Grant of licences
37Z Grant of licence for transferred land . . . . . . . . . . . . . . 142
37ZA Conditions of licences . . . . . . . . . . . . . . . . . . . . . . . . 143
Subdivision 6 Transfer of land held by registered native title
body corporate
37ZB Transfer of transferred land held by registered
native title body corporate . . . . . . . . . . . . . . . . . . . . . 143
Subdivision 7 Other matters
37ZC Grantees to advise chief executive of change to
description of land . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
37ZD Particular dealings in transferred land void . . . . . . . . 144
86 Amendment of s 38 (No resumption of transferred land etc.). . . . 144
87 Insertion of new pts 5A and 5B . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Page 10
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Contents
Part 5A Provisions about mortgages of leases over
Torres Strait Islander land
80A Application of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 145
80B Provisions about entering into possession of, and
selling, lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
80C How grantees deal with proceeds of sale. . . . . . . . . . 147
Part 5B Leasing of Torres Strait Islander trust land
Division 1 Preliminary
80D Definitions for pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . 147
80E Relationship with Land Act . . . . . . . . . . . . . . . . . . . . . 148
Division 2 Leases
80F Trustee (Torres Strait Islander) leases . . . . . . . . . . . . 148
80G Amending trustee (Torres Strait Islander) lease . . . . . 150
80H Mortgage of trustee (Torres Strait Islander) lease . . . 150
80I Surrender of trustee (Torres Strait Islander) lease . . . 151
Division 3 Other matters
80J Trustee to advise about ending of particular lease
for commercial purpose . . . . . . . . . . . . . . . . . . . . . . . 151
80K Recording information about land . . . . . . . . . . . . . . . 152
88 Amendment of s 81 (Crown's use of Islander land preserved). . . 152
89 Amendment of s 83 (Access to land used by Crown). . . . . . . . . . 152
90 Amendment of s 84 (Application of Mineral Resources Act) . . . . 153
91 Amendment of s 129 (Rights of access to interests preserved). . 153
92 Amendment of s 131 (Delegation by Minister) . . . . . . . . . . . . . . . 153
93 Insertion of new ss 133A and 133B . . . . . . . . . . . . . . . . . . . . . . . 153
133A Dealing with particular trust property . . . . . . . . . . . . . 154
133B Application of Residential Tenancies Act 1994. . . . . . 154
94 Amendment of s 135 (Regulation-making power) . . . . . . . . . . . . 154
95 Insertion of new pt 10, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Division 2 Transitional provision for Aboriginal and Torres
Strait Islander Land Amendment Act 2008
137 Interests in Torres Strait Islander land continue . . . . . 155
Part 8 Minor and consequential amendments
96 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Minor and consequential amendments . . . . . . . . . . . . . . . . . . 156
Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Torres Strait Islander Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . 159
Page 11
2008
A Bill
for
An Act to amend the Aboriginal Land Act 1991, the Land Act
1994, the Land Court Act 2000, the Local Government
(Aboriginal Lands) Act 1978, the Native Title (Queensland) Act
1993 and the Torres Strait Islander Land Act 1991, for particular
purposes
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Aboriginal and Torres Strait 4
Islander Land Amendment Act 2008. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Aboriginal Land 8
Act 1991 9
Clause 3 Act amended in pt 2 and schedule 10
This part and the schedule amend the Aboriginal Land Act 11
1991. 12
Clause 4 Amendment of s 3 (Definitions) 13
(1) Section 3, `In this Act--'-- 14
omit, insert-- 15
`The dictionary in the schedule defines particular words used 16
in this Act.'. 17
(2) Section 3, definitions available Crown land, coast, Crown, 18
Mornington Island Shire lease land, native title interests, 19
quarry material, stock route, Torres Strait Islanders, township 20
land and watercourse-- 21
Page 14
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 4]
omit. 1
(3) Section 3-- 2
insert-- 3
`Aboriginal trust land see section 83R. 4
Acquisition Act means the Acquisition of Land Act 1967. 5
appropriate register means-- 6
(a) for freehold land--the freehold land register; or 7
(b) for other land--the appropriate register for the land 8
under the Land Act. 9
approved form means a form approved under section 137B. 10
available State land means land that is available State land 11
under section 19, including under a regulation made under 12
section 19(2). 13
Commonwealth Native Title Act means the Native Title Act 14
1993 (Cwlth). 15
constructing authority means a constructing authority under 16
the Acquisition Act. 17
expression of interest see section 26C(1). 18
general meeting, of a land trust, means an annual general 19
meeting or special general meeting of the trust. 20
improvements see the Land Act, schedule 6. 21
Land Act means the Land Act 1994. 22
Land Title Act means the Land Title Act 1994. 23
lease does not include a residential tenancy agreement. 24
lease land, for a provision about a lease or proposed lease, 25
means the land subject to the lease or proposed lease. 26
maximum amount-- 27
(a) for part 3, division 2, subdivision 4--see section 40T; 28
and 29
(b) for part 5, division 2, subdivision 4--see section 77T. 30
Page 15
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 4]
Mornington Shire lease land means land that is Mornington 1
Shire lease land under section 16. 2
National Native Title Register means the National Native 3
Title Register established and maintained under the 4
Commonwealth Native Title Act, part 8. 5
native title holder, in relation to land held, or to be held, by a 6
registered native title body corporate, means-- 7
(a) if the registered native title body corporate holds the 8
native title in relation to the land, or part of the land, on 9
trust--the persons on whose behalf the registered native 10
title body corporate holds the native title; or 11
(b) otherwise--the persons who hold the native title in 12
relation to the land or part of the land. 13
public infrastructure means infrastructure that is operated for 14
the general public. 15
quarry material see the Forestry Act 1959, schedule 3. 16
registered means registered under the Land Act or the Land 17
Title Act. 18
registered native title body corporate means a prescribed 19
body corporate under the Commonwealth Native Title Act 20
whose name and address are registered on the National Native 21
Title Register under section 193(2)(e) or (4) of that Act. 22
registrar means-- 23
(a) for freehold land--the registrar of titles under the Land 24
Title Act; or 25
(b) for other land--the chief executive of the department in 26
which the Land Act is administered. 27
relevant land, for part 2, division 3A, see section 16A. 28
residential tenancy agreement means a residential tenancy 29
agreement under the Residential Tenancies Act 1994. 30
stock route see the Land Act, schedule 6. 31
Torres Strait Islander see the Torres Strait Islander Land Act 32
1991, section 7. 33
Page 16
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 4]
township land means land declared under section 23 to be 1
township land. 2
transferee-- 3
(a) for part 3, division 2, subdivision 6--see section 4
40ZC(1); and 5
(b) for part 5, division 2, subdivision 6--see section 6
77ZB(1). 7
transferor-- 8
(a) for part 3, division 2, subdivision 6--see section 9
40ZC(1); and 10
(b) for part 5, division 2, subdivision 6--see section 11
77ZB(1). 12
trustee-- 13
(a) for a provision about Aboriginal land--means the land 14
trust or other entity that holds the land under this Act; 15
and 16
(b) of Aboriginal trust land--for part 5F, see section 83R. 17
trustee (Aboriginal) lease, for part 5F, see section 83R. 18
unallocated State land means unallocated State land under 19
the Land Act. 20
watercourse means a watercourse under the Water Act 2000.'. 21
(4) Section 3, definition associated reserve, paragraph (a), `Land 22
Act 1994'-- 23
omit, insert-- 24
`Land Act'. 25
(5) Section 3, definition bed and banks, `has the same meaning 26
given by'-- 27
omit, insert-- 28
`see'. 29
(6) Section 3, definition registrar of titles, `Land Act 1994'-- 30
Page 17
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 5]
omit, insert-- 1
`Land Act'. 2
(7) Section 3, definition special mining Act, paragraph (f)-- 3
omit. 4
(8) Section 3, definition special mining Act, paragraphs (g) and 5
(h)-- 6
renumber as paragraphs (f) and (g). 7
(9) Section 3, definition Torres Strait area, `has the same 8
meaning as in'-- 9
omit, insert-- 10
`means the Torres Strait area under'. 11
(10) Section 3, `has the meaning given by'-- 12
omit, insert-- 13
`see'. 14
(11) Section 3, definitions, as amended-- 15
relocate to the schedule as inserted by this Act. 16
Clause 5 Omission of s 5 (Meaning of native title interests) 17
Section 5-- 18
omit. 19
Clause 6 Replacement of s 6 (Crown bound) 20
Section 6-- 21
omit, insert-- 22
`6 Act binds all persons 23
`This Act binds all persons, including the State, and, as far as 24
the legislative power of the Parliament permits, the 25
Commonwealth and the other States.'. 26
Page 18
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 7]
Clause 7 Amendment of s 10 (Meaning of Aboriginal land) 1
Section 10(1)(a), `for the benefit of Aboriginal people'-- 2
omit. 3
Clause 8 Amendment of s 11 (Meaning of transferable and 4
transferred land) 5
Section 11, `for the benefit of Aboriginal people'-- 6
omit. 7
Clause 9 Amendment of s 12 (Lands that are transferable lands) 8
(1) Section 12(d), `Island'-- 9
omit. 10
(2) Section 12(e), `Crown'-- 11
omit, insert-- 12
`State'. 13
(3) Section 12-- 14
insert-- 15
`(g) land that becomes transferable land under section 16
114A.'. 17
(4) Section 12-- 18
insert-- 19
`(2) However, land mentioned in subsection (1)-- 20
(a) ceases to be transferable land if it is taken, under the 21
Acquisition Act, by a constructing authority; and 22
(b) if the land is Aboriginal trust land--is not transferable 23
land if it is subject to a lease for more than 30 years 24
granted under this Act for a commercial purpose; and 25
(c) is not transferable land if it is the subject of a declaration 26
in force under section 16B.'. 27
Page 19
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 10]
Clause 10 Amendment of s 13 (DOGIT land) 1
(1) Section 13(b)(ii), `Crown land'-- 2
omit, insert-- 3
`unallocated State land'. 4
(2) Section 13(b)(iii) and (iv), `by the Crown'-- 5
omit. 6
(3) Section 13-- 7
insert-- 8
`(2) DOGIT land does not include land within the external 9
boundaries of land mentioned in subsection (1)(a) if the 10
land-- 11
(a) is a road that became a road after the enactment day and 12
before the commencement of this subsection; or 13
(b) becomes a road after the commencement.'. 14
Clause 11 Amendment of s 15 (Aurukun Shire lease land) 15
Section 15-- 16
insert-- 17
`(2) Aurukun Shire lease land does not include land within the 18
external boundaries of land mentioned in subsection (1)(a) if 19
the land-- 20
(a) is a road that became a road after the enactment day and 21
before the commencement of this subsection; or 22
(b) becomes a road after the commencement.'. 23
Clause 12 Amendment of s 16 (Mornington Island Shire lease land) 24
(1) Section 16, `Island'-- 25
omit. 26
(2) Section 16-- 27
Page 20
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 13]
insert-- 1
`(2) Mornington Shire lease land does not include land within the 2
external boundaries of land mentioned in subsection (1)(a) if 3
the land-- 4
(a) is a road that became a road after the enactment day and 5
before the commencement of this subsection; or 6
(b) becomes a road after the commencement.'. 7
Clause 13 Insertion of new pt 2, div 3A 8
Part 2, after section 16-- 9
insert-- 10
`Division 3A Declarations about particular 11
transferable land 12
`16A Definition for div 3A 13
`In this division-- 14
relevant land means the following land, or a part of the 15
land-- 16
(a) DOGIT land; 17
(b) Aboriginal reserve land, other than land declared under 18
a regulation for section 14; 19
(c) Aurukun Shire lease land; 20
(d) Mornington Shire lease land. 21
`16B Particular land may be declared to be not 22
transferable land 23
`(1) The Minister may, by gazette notice, make a declaration under 24
this division that relevant land is not transferable land if the 25
Minister is satisfied that-- 26
(a) housing or essential or other infrastructure is situated on 27
the land; or 28
Page 21
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 13]
(b) the land is being used as a town site or part of a town site 1
by the Aboriginal people on the land; or 2
(c) the land is being used as if it were a road; or 3
(d) having regard to the nature or use of the land, it is not 4
appropriate or practicable in the circumstances for the 5
land to be granted in fee simple under this Act. 6
`(2) In considering whether to make a declaration under 7
subsection (1)(d), the Minister may have regard to matters 8
relating to the nature or use of the relevant land the Minister 9
considers appropriate, including, for example-- 10
(a) whether the land is likely to be used as a town site or 11
part of a town site by the Aboriginal people on the land; 12
and 13
(b) whether the land is in a condition suitable to be granted 14
under this Act. 15
`(3) The Minister must not make a declaration under subsection 16
(1)(d) before-- 17
(a) if no appeal is made under this division against the 18
decision to make the declaration--the period for making 19
an appeal ends; or 20
(b) if an appeal is made under this division against the 21
decision to make the declaration--the day the appeal is 22
finally decided. 23
`16C Notice of intention to make declaration 24
`(1) If the Minister intends to make a declaration under section 25
16B, the Minister must-- 26
(a) give written notice of the Minister's intention to make 27
the declaration to the trustee of the relevant land; and 28
(b) within 10 business days after giving the notice under 29
paragraph (a), publish notice of the Minister's intention 30
to make the declaration in a newspaper or other 31
publication circulating generally in the area where the 32
relevant land is situated; and 33
Page 22
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 13]
(c) consider all representations made under subsection (4). 1
`(2) The notice must-- 2
(a) include a description of the relevant land; and 3
(b) state the following-- 4
(i) the reasons for the proposed declaration; 5
(ii) that a person may make written representations to 6
the Minister about the proposed declaration; 7
(iii) the place where the representations may be made; 8
(iv) the period in which the representations must be 9
made. 10
`(3) The stated period must end at least 28 days after the notice is 11
published. 12
`(4) A person may make written representations about the 13
proposed declaration to the Minister within the stated period. 14
`16D Minister to consider representations and give notice 15
of decision 16
`(1) After considering all representations made under section 17
16C(4) about the proposed declaration, the Minister must-- 18
(a) decide whether to make the declaration; and 19
(b) give written notice of the decision to-- 20
(i) each person who made the representations; and 21
(ii) the trustee of the relevant land, if the trustee did not 22
make any representations. 23
`(2) If the Minister decides to make the declaration, the notice 24
must state-- 25
(a) the provision under which the declaration is to be made; 26
and 27
(b) the reasons for the decision; and 28
Page 23
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 13]
(c) if the Minister is to make the declaration under section 1
16B(1)(d)--that the person may appeal against the 2
decision to the Land Court and how to appeal. 3
`16E Appeal against particular decision 4
`(1) If the Minister proposes to make the declaration under section 5
16B(1)(d), a person who made representations to the Minister 6
under this division about the proposed declaration may appeal 7
to the Land Court against the decision. 8
`(2) An appeal is started by filing written notice of appeal with the 9
registrar of the Land Court. 10
`(3) The notice of appeal must be filed within 28 days after the 11
person receives notice of the decision. 12
`(4) However, the Land Court may, at any time within the 28 days, 13
extend the period for making the appeal. 14
`(5) The appeal is by way of rehearing, unaffected by the decision, 15
on the material before the Minister and any further evidence 16
allowed by the Land Court. 17
`16F Powers of Land Court on appeal 18
`(1) In deciding the appeal, the Land Court has the same powers as 19
the Minister. 20
`(2) The Land Court may-- 21
(a) confirm the decision; or 22
(b) set aside the decision and substitute another decision; or 23
(c) set aside the decision and return the issue to the Minister 24
with directions the court considers appropriate. 25
`(3) If the Land Court substitutes another decision, the substituted 26
decision is, other than for the purpose of an appeal under this 27
division, taken to be the decision of the Minister. 28
Page 24
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 13]
`16G Notice about declarations--trustee 1
`As soon as practicable after a declaration that relevant land is 2
not transferable land is made, the chief executive must give 3
the trustee of the land written notice of the declaration. 4
`16H Notice about declarations--registrar 5
`(1) As soon as practicable after a declaration that relevant land is 6
not transferable land is made, the chief executive must give 7
the registrar written notice of the declaration. 8
`(2) The notice must include particulars of the land the subject of 9
the declaration. 10
`(3) The registrar must keep records that show the land is not 11
transferable land. 12
`(4) The registrar must keep the records in a way that a search of 13
the appropriate register kept by the registrar will show the 14
land is not transferable land. 15
`(5) As soon as practicable after a declaration is repealed-- 16
(a) the chief executive must give the registrar written notice 17
of the fact; and 18
(b) the registrar must amend the registrar's records to show 19
the land the subject of the repealed declaration is 20
transferable land. 21
`16I Requirements about plans of subdivision for 22
declarations under s 16B 23
`(1) This section applies if-- 24
(a) under section 16B, the Minister declares land is not 25
transferable land; and 26
(b) a plan of subdivision is lodged for the land under the 27
Land Title Act or Land Act for the purpose of 28
identifying the land; and 29
(c) the plan of subdivision has been consented to by the 30
Minister. 31
Page 25
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 14]
`(2) The registrar must register the plan of subdivision without the 1
consent of anyone whose consent would otherwise have been 2
required under the relevant section if the plan otherwise 3
complies with the relevant section. 4
`(3) In this section-- 5
relevant section means-- 6
(a) for freehold land--the Land Title Act, section 50; or 7
(b) for other land--the Land Act, section 290J.'. 8
Clause 14 Amendment of s 19 (Lands that are available Crown 9
land--general) 10
(1) Section 19, heading, `Crown'-- 11
omit, insert-- 12
`State'. 13
(2) Section 19(1), `available Crown'-- 14
omit, insert-- 15
`available State'. 16
(3) Section 19(1), `the Crown'-- 17
omit, insert-- 18
`the State'. 19
(4) Section 19(1)(c), `Land Act 1994'-- 20
omit, insert-- 21
`Land Act'. 22
(5) Section 19(1)(h), `Crown land'-- 23
omit, insert-- 24
`unallocated State land'. 25
(6) Section 19(2), `Crown'-- 26
omit, insert-- 27
`State'. 28
Page 26
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 15]
(7) Section 19(3), definition interest, `interests or a mining 1
interest'-- 2
omit, insert-- 3
`, a mining interest or an easement'. 4
Clause 15 Insertion of new pt 2A 5
After section 26-- 6
insert-- 7
`Part 2A Formal expression of interest 8
about land 9
`26A Purpose of pt 2A 10
`The purpose of this part is to provide for a process under 11
which Aboriginal people may formally express an interest to 12
the chief executive in having particular land made transferable 13
land. 14
`26B Land to which pt 2A applies 15
`This part applies to the following land-- 16
(a) available State land; 17
(b) land dedicated as a reserve under the Land Act; 18
(c) a stock route; 19
(d) land subject to an occupation licence; 20
(e) land held under a lease under the Land Act by or for 21
Aboriginal people. 22
`26C Expression of interest in having land made 23
transferable land 24
`(1) Aboriginal people particularly concerned with land mentioned 25
in section 26B may, by notice given to the chief executive (an 26
Page 27
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 16]
expression of interest), express an interest in having the land 1
made transferable land. 2
`(2) The expression of interest must-- 3
(a) be in the approved form; and 4
(b) include the details required in the approved form to 5
enable the chief executive to properly consider the 6
expression of interest. 7
`26D Chief executive to consider expression of interest 8
`(1) The chief executive must consider each expression of interest. 9
`(2) Without limiting subsection (1), the chief executive may 10
consider an expression of interest by evaluating the land to 11
which it relates under the Land Act, section 16. 12
`26E Consideration of expression of interest does not 13
impose obligation on State 14
`The chief executive's consideration of an expression of 15
interest does not impose an obligation on the State under this 16
Act to make the land to which it relates transferable land.'. 17
Clause 16 Amendment of s 27 (Deeds of grant to be prepared) 18
(1) Section 27(1), `registrar of titles'-- 19
omit, insert-- 20
`chief executive'. 21
(2) Section 27(2), from `directs,'-- 22
omit, insert-- 23
`directs.'. 24
(3) Section 27(3) and (4)-- 25
omit, insert-- 26
`(3) The deed of grant must show that the land is held by the 27
grantees-- 28
Page 28
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 17]
(a) if the grantee is a registered native title body 1
corporate--for the native title holders of the land; or 2
(b) otherwise--for the benefit of Aboriginal people 3
particularly concerned with the land and their ancestors 4
and descendants. 5
`(4) If the grantee is a registered native title body corporate, the 6
deed of grant also must include information to identify the 7
native title holders of the land.'. 8
Clause 17 Insertion of new s 27A 9
After section 27-- 10
insert-- 11
`27A Appointment of registered native title body 12
corporate as grantee 13
`(1) This section applies to transferable land if-- 14
(a) under the Commonwealth Native Title Act, a 15
determination has been made that native title exists in 16
relation to all or a part of the land; and 17
(b) there is a registered native title body corporate for the 18
determination. 19
`(2) The Minister may, with the consent of the registered native 20
title body corporate, appoint the body corporate to be the 21
grantee of the land under a deed of grant prepared under 22
section 27. 23
`(3) If the Minister appoints the registered native title body 24
corporate to be the grantee of the land, the body corporate 25
holds the land for the native title holders of the land the 26
subject of the determination mentioned in subsection (1)(a). 27
`(4) In considering whether to appoint a registered native title 28
body corporate under this section, the Minister may have 29
regard to any matter the Minister considers relevant to the 30
proposed appointment, including, for example-- 31
(a) whether the making of the proposed appointment was a 32
matter relevant to the native title claim under the 33
Page 29
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 18]
Commonwealth Native Title Act that resulted in the 1
determination that native title existed in relation to all or 2
a part of the land; and 3
(b) whether any Aboriginal persons particularly concerned 4
with the land, other than the native title holders of the 5
land, may be adversely affected by the proposed 6
appointment; and 7
(c) if the Minister is satisfied Aboriginal persons 8
particularly concerned with the land will be adversely 9
affected by the proposed appointment--any action the 10
registered native title body corporate intends to take to 11
address the concerns of the Aboriginal people. 12
`(5) If land is granted to a registered native title body corporate, a 13
provision of this Act about the incorporation of grantees as a 14
land trust on the grant of land does not apply in relation to the 15
registered native title body corporate.'. 16
Clause 18 Amendment of s 28 (Minister to appoint trustees) 17
(1) Section 28, heading, `trustees'-- 18
omit, insert-- 19
`particular trustees'. 20
(2) Section 28, before subsection (1)-- 21
insert-- 22
`(1A) This section applies if the Minister does not appoint, under 23
section 27A, a registered native title body corporate as the 24
grantee of land the subject of a deed of grant prepared under 25
section 27.'. 26
(3) Section 28(1), `the subject of each deed of grant prepared 27
under section 27'-- 28
omit. 29
(4) Section 28(6)-- 30
omit. 31
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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[s 19]
Clause 19 Insertion of new ss 28A and 28B 1
After section 28-- 2
insert-- 3
`28A Procedure for appointing grantees 4
`(1) Before appointing grantees under this part, the Minister 5
must-- 6
(a) publish notice of the Minister's intention to appoint the 7
grantees in a newspaper or other publication circulating 8
generally in the area in which the land the subject of the 9
deed of grant is situated; and 10
(b) consider all representations made to the Minister under 11
subsection (4). 12
`(2) The notice must-- 13
(a) include a description of the land; and 14
(b) state the following-- 15
(i) the name of each proposed grantee; 16
(ii) that an Aboriginal person particularly concerned 17
with the land may make written representations to 18
the Minister about the proposed appointment; 19
(iii) the place where the representations may be made; 20
(iv) the period in which the representations must be 21
made. 22
`(3) The stated period must end at least 28 days after the notice is 23
published. 24
`(4) An Aboriginal person particularly concerned with the land 25
may make written representations about the proposed 26
appointment to the Minister within the stated period. 27
`28B Application of Trusts Act 1973 28
`(1) The Trusts Act 1973 applies to trusts created for the purposes 29
of this part, and to the trustees of the trusts, only to the extent 30
prescribed under a regulation. 31
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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`(2) To the extent that the Trusts Act 1973 does apply under a 1
regulation for subsection (1), it applies with the changes 2
prescribed under the regulation. 3
`(3) A provision of a regulation for subsection (1) does not apply 4
to a grantee that is a registered native title body corporate 5
unless the provision expressly states that it applies to a trustee 6
that is a registered native title body corporate.'. 7
Clause 20 Amendment of s 29 (Minister to act as soon as possible) 8
Section 29(2), `section 28'-- 9
omit, insert-- 10
`section 27A or 28'. 11
Clause 21 Amendment of s 31 (Inclusion of additional areas in deed 12
of grant) 13
Section 31-- 14
insert-- 15
`(2) Despite subsection (1), an additional area of transferable land 16
may not be included in a deed of grant for Aboriginal land 17
held by a registered native title body corporate.'. 18
Clause 22 Amendment of s 33 (Existing interests) 19
(1) Section 33(1)-- 20
omit, insert-- 21
`(1) If transferrable land was, immediately before becoming 22
Aboriginal land under this division, subject to an interest or 23
benefited by an easement, the interest continues in force or the 24
land continues to be benefited by the easement.'. 25
(2) Section 33(2)(a), `by the Crown'-- 26
omit. 27
(3) Section 33(2)(b) and (3), `Land Act 1994'-- 28
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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omit, insert-- 1
`Land Act'. 2
(4) Section 33(2), `grantees of the land are'-- 3
omit, insert-- 4
`trustee of the land is'. 5
(5) Section 33(2), `Crown as a party'-- 6
omit, insert-- 7
`lessor as a party'. 8
(6) Section 33(3), `grantees of the land were the Crown'-- 9
omit, insert-- 10
`trustee of the land were the lessor'. 11
(7) Section 33(4), definition interest-- 12
omit, insert-- 13
`interest includes native title, but does not include an interest 14
in favour of the State or Commonwealth that is not 15
registered.'. 16
Clause 23 Amendment of s 35 (Cancellation of deed of grant in 17
trust) 18
(1) Section 35(1)(a), `Land Act 1994'-- 19
omit, insert-- 20
`Land Act'. 21
(2) Section 35(2) to (4)-- 22
omit. 23
Clause 24 Replacement of ss 39 and 40 24
Sections 39 and 40-- 25
omit, insert-- 26
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
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`Subdivision 1 General 1
`39 Power to deal with transferred land 2
`Subject to this division, the trustee of transferred land may-- 3
(a) grant, transfer or otherwise create an interest in the land 4
in the way the trustee considers appropriate, including, 5
for example, by-- 6
(i) granting a lease or licence over all or a part of the 7
land; or 8
(ii) consenting to the creation of a mining interest in 9
the land; or 10
(iii) granting an easement over the land; or 11
(iv) entering into a conservation agreement under the 12
Nature Conservation Act 1992, section 45, in 13
relation to the land; or 14
(v) entering into an agreement with the State or the 15
Commonwealth in relation to the getting and sale 16
of forest products or quarry material above, on or 17
below the land; or 18
(b) dedicate a part of the land to public use by registering a 19
plan of subdivision under the Land Title Act, part 4, 20
division 3; or 21
(c) surrender all or a part of the land to the State. 22
Note-- 23
· For restrictions on dealing with particular land in the Cape York 24
Peninsula Region, see section 40ZH. 25
`40 Requirement for consultation 26
`(1) The trustee of transferred land must not deal with the land 27
unless-- 28
(a) the trustee has explained to the Aboriginal people 29
particularly concerned with the land the nature, purpose 30
and effect of the dealing; and 31
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(b) the Aboriginal people are given a suitable opportunity to 1
express their views on, and are generally in agreement 2
with, the dealing. 3
`(2) Despite section 40ZJ, dealing with land in contravention of 4
subsection (1) is not void under that section. 5
`(3) In this section-- 6
deal, with land, means-- 7
(a) grant a lease, other than under section 40D(1)(a) for 8
private residential purposes, for more than 10 years over 9
the land; or 10
(b) grant a licence for the use of the land for more than 10 11
years; or 12
(c) grant or otherwise create an interest in the land that is 13
not a lease or a licence for the use of the land; or 14
(d) dedicate a part of the land to public use; or 15
(e) surrender any of the land to the State. 16
trustee, of transferred land, does not include a registered 17
native title body corporate. 18
`40A Provision about Minister's consent 19
`(1) This section applies if the Minister's prior written consent is 20
required for the grant of a lease or licence by the trustee of 21
transferred land, or for the creation of an interest under a lease 22
or licence. 23
`(2) The Minister's consent may be given for-- 24
(a) the grant of a particular lease or licence, or a particular 25
type of lease or licence; or 26
(b) the creation of a particular interest under a lease or 27
licence, or a particular type of interest; or 28
(c) if the Minister considers it appropriate-- 29
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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(i) all leases or licences, or all leases or licences of a 1
particular type, that may be granted by the trustee; 2
or 3
(ii) the creation of all interests, or all interests of a 4
particular type, that may be created under a lease 5
or licence. 6
`40B Provision about particular leases 7
`For the purposes of section 40 and subdivision 3, a lease 8
granted for an initial term of not more than 10 years, or for at 9
least 10 but not more than 30 years, is taken to be a lease for 10
more than 10 years or more than 30 years if the lease includes 11
an option to renew or extend the lease that, if exercised, would 12
extend the term of the lease for more than 10 years or more 13
than 30 years. 14
`Subdivision 2 Sale or mortgage prohibited 15
`40C Prohibition on sale or mortgage of transferred land 16
`The trustee of transferred land must not sell or mortgage the 17
land. 18
`Subdivision 3 Grant of leases 19
`40D Grant of lease for transferred land 20
`(1) The trustee of transferred land may grant a lease over all or a 21
part of the land only-- 22
(a) to an Aborigine for not more than 99 years; or 23
(b) to the State for not more than 99 years; or 24
(c) to another person-- 25
(i) for not more than 10 years; or 26
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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[s 24]
(ii) with the Minister's prior written consent, for more 1
than 10 years but not more than 99 years. 2
`(2) Despite subsection (1)(a)-- 3
(a) a person who is not an Aborigine may be a party to a 4
lease granted under the subsection if-- 5
(i) the lease is for private residential purposes; and 6
(ii) the person is the spouse of an Aborigine; and 7
(b) a lease may be granted under the subsection for private 8
residential purposes to a person who is not an Aborigine 9
if the person is the spouse, or former spouse, of an 10
Aborigine or of an Aborigine who is deceased. 11
`(3) Despite subsection (1)(c)(ii), a lease may be granted under the 12
subsection without the Minister's consent if the lease is-- 13
(a) for a commercial purpose and for not more than 30 14
years; or 15
(b) for a private residential purpose to support a lease for a 16
commercial purpose. 17
`40E Particular restrictions on grant of leases 18
`(1) A lease for more than 30 years may be granted under section 19
40D(1)(a) only-- 20
(a) for private residential purposes; or 21
(b) with the Minister's prior written consent, for another 22
purpose if, having regard to the nature of the lease, the 23
Minister is satisfied the grant of the lease is for the 24
benefit of persons for whom the trustee holds the land. 25
Examples of another purpose for paragraph (b)-- 26
a commercial purpose or providing public infrastructure 27
`(2) A lease for more than 30 years may be granted under section 28
40D(1)(b) only-- 29
(a) for a following purpose-- 30
(i) a purpose under the Housing Act 2003; 31
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 24]
(ii) providing public infrastructure; 1
(iii) providing residential accommodation for public 2
service employees; or 3
(b) with the Minister's prior written consent, for another 4
purpose if, having regard to the nature of the lease, the 5
Minister is satisfied the grant of the lease is for the 6
benefit of persons for whom the trustee holds the land. 7
Example of another purpose for paragraph (b)-- 8
a commercial purpose 9
`(3) A lease may be granted under section 40D(1)(c) for a private 10
residential purpose only if the lease is to support a lease 11
granted under that section for a commercial purpose. 12
`(4) If the Minister's consent is required for the grant of a lease 13
under section 40D(1)(c)(ii), the Minister may give consent 14
only if the Minister is satisfied that, having regard to the 15
nature of the lease, the grant of the lease is for the benefit of 16
persons for whom the trustee holds the land. 17
`(5) The Minister may consent to the grant of a lease for more than 18
30 years for a commercial purpose only if the lease is granted 19
over an entire lot as shown in the appropriate register. 20
`40F Requirements for Minister's consent--general 21
`(1) A person seeking the Minister's consent to the grant of a lease 22
must give the Minister the information or documents 23
reasonably required by the Minister to show-- 24
(a) the purpose of the lease; and 25
(b) that the grant of the lease is for the benefit of persons for 26
whom the trustee holds the land; and 27
(c) if the lease is for more than 30 years--that the grant of 28
the lease for more than 30 years is appropriate in the 29
circumstances. 30
`(2) Also, a person seeking the Minister's consent to the grant of a 31
lease for more than 30 years for a commercial purpose must 32
give the Minister-- 33
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 24]
(a) a business plan outlining the details of the commercial 1
purpose of the lease, including, for example, financial 2
details about any proposed development under the lease; 3
and 4
(b) evidence to show that an appropriate return on the 5
investment for the commercial purpose can not be 6
obtained under a lease for not more than 30 years; and 7
(c) other information or documents reasonably required by 8
the Minister to show the purpose of the lease. 9
`(3) In considering whether to give consent to the grant of a lease, 10
the Minister-- 11
(a) must have regard to the information or documents given 12
to the Minister under subsection (1) or (2); and 13
(b) may have regard to other information the Minister 14
considers relevant to the proposed lease. 15
`(4) Before giving consent to the grant of a lease for more than 30 16
years, the Minister must be satisfied-- 17
(a) the trustee has complied with section 40(1)(a) in relation 18
to the lease; and 19
(b) the Aboriginal people particularly concerned with the 20
lease land are generally in agreement with the grant of 21
the lease. 22
`40G Particular requirement for Minister's consent for 23
lease for commercial purpose 24
`(1) Before the Minister consents to the grant of a lease for more 25
than 30 years for a commercial purpose, the Minister must-- 26
(a) obtain an independent assessment of-- 27
(i) the business plan and evidence given to the 28
Minister under section 40F(2)(a) and (b); and 29
(ii) the proposed lessee's financial and managerial 30
capabilities; and 31
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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(b) be satisfied, having regard to the independent 1
assessment, that-- 2
(i) any proposed development under the lease will be 3
commercially viable; and 4
(ii) the evidence given under section 40F(2)(b) 5
satisfactorily shows that an appropriate return on 6
the investment for the purpose of the lease can not 7
be obtained under a lease for not more than 30 8
years; and 9
(iii) the proposed lessee's financial and managerial 10
capabilities are appropriate for carrying out any 11
proposed development under the lease. 12
`(2) The proposed lessee must pay the cost of the assessment. 13
`(3) The cost is not refundable. 14
`40H Conditions of leases--general 15
`(1) A lease granted under this subdivision is subject to a condition 16
that an interest, other than a mortgage of the lease, for a term 17
of more than 10 years may be created under the lease only 18
with the Minister's prior written consent. 19
`(2) Despite subsection (1)-- 20
(a) an interest under a lease granted under section 21
40D(1)(a) may be created without the Minister's prior 22
written consent if the interest is in favour of-- 23
(i) an Aborigine; or 24
(ii) another person who is not an Aborigine if the 25
person is the spouse, or former spouse, of an 26
Aborigine or of an Aborigine who is deceased; and 27
(b) an interest under another lease may be created without 28
the Minister's prior written consent if under this 29
subdivision the grant of the lease did not require the 30
consent of the Minister. 31
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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`(3) A lease granted under this subdivision may include a 1
condition that-- 2
(a) a stated standard terms document under the Land Title 3
Act forms part of the lease; or 4
(b) the lease must not be transferred without the trustee's 5
prior written consent; or 6
(c) an interest under the lease, other than a mortgage of the 7
lease, must not be created without the trustee's prior 8
written consent. 9
`(4) If a lease includes a condition mentioned in subsection (3)(b) 10
or (c), the trustee must not unreasonably withhold consent to 11
the transfer or creation of an interest under the lease. 12
`(5) A lease granted under this subdivision may be mortgaged 13
without the consent of the Minister or the trustee. 14
`(6) Subject to subsection (5), this section does not limit the 15
conditions that may be imposed on a lease. 16
`40I Requirement for Minister's consent for creation of 17
interest under a lease 18
`(1) This section applies if, under this subdivision, an interest 19
under a lease may be created only with the Minister's written 20
consent. 21
`(2) The Minister may consent to the creation of the interest only 22
if-- 23
(a) having regard to the nature of the interest, the Minister is 24
satisfied the creation of the interest is for the benefit of 25
persons for whom the trustee holds the lease land; and 26
(b) if the lease is for more than 30 years-- 27
(i) the interest is consistent with the purpose for which 28
the lease was granted; or 29
(ii) the interest would not diminish the purpose for 30
which the lease was granted. 31
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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`(3) A person seeking the Minister's consent must give the 1
Minister the information or documents relevant to the 2
proposed interest reasonably required by the Minister, 3
including, for example, information or documents to show 4
that the creation of the interest is for the benefit of persons for 5
whom the trustee holds the lease land. 6
`40J Leases for private residential purposes--general 7
conditions and requirements 8
`(1) A lease granted under this subdivision for private residential 9
purposes is subject to all of the following conditions-- 10
(a) if the lease is granted under section 40D(1)(a)-- 11
(i) it must be for 99 years; and 12
(ii) the annual rental under the lease is the amount, of 13
not more than $1, decided by the trustee of the 14
lease land; and 15
(iii) the consideration payable for the lease must 16
include, as a lump sum payment, an amount equal 17
to the value of the lease land as decided by the 18
trustee using-- 19
(A) a valuation methodology decided by the 20
chief executive; and 21
(B) the benchmark purchase price, as prescribed 22
under a regulation, for land in the part of the 23
State in which the lease land is situated; 24
(b) if a private residential premises is not situated on the 25
lease land--the lessee must ensure a private residential 26
premises is built on the land within 8 years after the 27
lease is granted; 28
(c) an interest may be created under the lease only if the 29
interest is a residential tenancy agreement or a mortgage 30
of the lease. 31
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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`(2) A trustee may grant a lease for private residential purposes 1
only if the amount mentioned in subsection (1)(a)(iii) has 2
been paid to the trustee. 3
`(3) The chief executive-- 4
(a) must, if requested, give a person a copy of the valuation 5
methodology mentioned in subsection (1)(a)(iii); and 6
(b) may make the valuation methodology available for 7
inspection on the department's website. 8
`40K Leases for private residential purposes--particular 9
requirements if dwelling situated on land 10
`(1) This section applies if-- 11
(a) a trustee proposes to grant a lease for private residential 12
purposes; and 13
(b) a dwelling is situated on the land the subject of the 14
proposed lease. 15
`(2) The trustee must give the housing chief executive written 16
notice of the trustee's intention to grant the lease. 17
`(3) Within 28 days after receiving the notice, the housing chief 18
executive must give the trustee a written notice stating 19
whether the housing chief executive considers the dwelling 20
has been used to provide subsidised housing for residential 21
use. 22
`(4) The trustee must not grant the lease before receiving the 23
housing chief executive's notice under subsection (3). 24
`(5) Subsections (6) to (10) apply if the notice states the housing 25
chief executive considers the dwelling has been used to 26
provide subsidised housing for residential use. 27
`(6) The trustee must, before the lease is granted, decide the value 28
of the dwelling by using a valuation methodology agreed 29
between the trustee and the housing chief executive. 30
`(7) The consideration payable for the lease must include, as a 31
lump sum payment, an amount equal to the value of the 32
dwelling decided under subsection (6). 33
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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`(8) The trustee may grant the lease only-- 1
(a) with the written approval of the housing chief executive; 2
and 3
(b) if the amount mentioned in subsection (7) has been paid 4
to the trustee. 5
`(9) In considering whether to give an approval, the housing chief 6
executive must have regard to whether it would be more 7
appropriate in the circumstances for the dwelling to continue 8
to be used to provide subsidised housing for residential use. 9
`(10) If the trustee grants the lease, the trustee must, within 28 days 10
after the lease is registered, give the housing chief executive-- 11
(a) a written notice stating-- 12
(i) the day the lease was registered; and 13
(ii) the names of the parties to the lease; and 14
(b) evidence showing the amount mentioned in subsection 15
(7) for the dwelling was paid to the trustee; and 16
(c) evidence showing the amount decided by the trustee 17
under section 40J(1)(a)(iii) for the lease land was paid to 18
the trustee. 19
Note-- 20
The amount mentioned in subsection (7) must be used by the trustee as 21
required under section 136A. 22
`(11) This section does not limit section 40J. 23
`(12) In this section-- 24
housing chief executive means the chief executive of the 25
department in which the Housing Act 2003 is administered. 26
`40L Renewal of lease or sublease 27
`(1) A lease or a sublease of a lease may include an option to 28
renew the lease or sublease. 29
`(2) The term of a renewed lease or sublease must not be more 30
than the initial term of the lease or sublease. 31
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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`40M Transfer or amendment of lease or sublease 1
`(1) A lease or a sublease of a lease must not be transferred or 2
amended without-- 3
(a) if, under a condition of the lease, the transfer or 4
amendment of the lease or sublease requires the consent 5
of the trustee of the lease land--the trustee's prior 6
written consent; and 7
(b) if, under this subdivision, the grant of the lease or 8
sublease requires the consent of the Minister--the 9
Minister's prior written consent. 10
`(2) A person seeking the Minister's consent to the transfer or 11
amendment of a lease or sublease must give the Minister the 12
information or documents relevant to the proposed transfer or 13
amendment reasonably required by the Minister. 14
`(3) In considering whether to consent to the transfer of a lease or 15
sublease, the Minister must consider whether the proposed 16
transferee can comply with the conditions of the lease. 17
`(4) The Minister may consent to the amendment of a lease or 18
sublease only if the Minister is satisfied-- 19
(a) the amendment does not significantly change the 20
conditions of the lease or sublease; and 21
(b) the amended lease or sublease is for the benefit of 22
persons for whom the trustee holds the land. 23
`(5) Before the Minister consents to the transfer of a lease for more 24
than 30 years for a commercial purpose, the Minister must-- 25
(a) obtain an independent assessment of the proposed 26
transferee's financial and managerial capabilities; and 27
(b) be satisfied, having regard to the independent 28
assessment, that the proposed transferee's financial and 29
managerial capabilities are appropriate for complying 30
with the conditions of the lease. 31
`(6) The proposed transferee must pay the cost of the assessment. 32
`(7) The cost is not refundable. 33
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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`(8) A lease or sublease of a lease must not be transferred to a 1
person who, under this Act, would not be entitled to a grant of 2
the lease. 3
`40N Lease, sublease and transfer, amendment or 4
surrender of lease or sublease to be registered 5
`(1) All leases, and any sublease of a lease or transfer, amendment 6
or surrender of a lease or sublease, must be registered. 7
`(2) Despite the Land Title Act, section 65(2) an instrument of 8
lease for transferred land must include a plan of survey 9
identifying the lease land. 10
`Subdivision 4 Forfeiture of particular leases 11
`40O Application of sdiv 4 12
`This subdivision applies to a lease granted under section 13
40D(1)(a) for private residential purposes. 14
`40P Grounds for forfeiture of lease 15
`(1) The lease may be forfeited only if-- 16
(a) the lessee breaches a relevant condition of the lease and 17
fails to remedy the breach within 6 months after 18
receiving written notice of the breach from the trustee of 19
the lease land; or 20
(b) the lessee acquired the lease by fraud. 21
`(2) In this section-- 22
relevant condition, of a lease, means-- 23
(a) a condition of the lease mentioned in section 40J(1)(b); 24
or 25
(b) another condition, if the trustee reasonably considers a 26
breach of the condition is of a serious nature and 27
warrants forfeiture of the lease. 28
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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`40Q Application to Land Court for forfeiture 1
`(1) Before the lease is forfeited, the trustee must refer the matter 2
to the Land Court to decide whether the lease may be 3
forfeited. 4
`(2) The trustee must give the lessee, and any mortgagee of the 5
lease, at least 28 days written notice of the trustee's intention 6
to refer the matter to the Land Court. 7
`(3) The notice must state the grounds on which the trustee 8
considers the lease may be forfeited. 9
`(4) In deciding whether the lease may be forfeited, the Land 10
Court must have regard to-- 11
(a) the stated grounds; and 12
(b) if the lease is proposed to be forfeited because of a 13
breach of a condition of the lease--whether the court 14
considers the breach is of a serious nature and warrants 15
forfeiture of the lease. 16
`(5) The trustee must file a copy of the notice in the Land Court at 17
the same time as the trustee refers the matter to the court. 18
`40R Trustee's options if Land Court decides lease may 19
be forfeited 20
`If the Land Court decides the lease may be forfeited, the 21
trustee may-- 22
(a) forfeit the lease under this subdivision; or 23
(b) if the proposed forfeiture is because of a breach of a 24
condition of the lease--decide not to forfeit the lease, 25
but instead to allow the lease to continue subject to the 26
lease being amended to include conditions agreed 27
between the trustee and the lessee. 28
`40S Notice and effect of forfeiture 29
`(1) If the trustee forfeits the lease, the trustee must, within 60 30
days after receiving notice of the Land Court's decision about 31
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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forfeiture of the lease, give written notice that the lease is 1
forfeited to-- 2
(a) the lessee and any mortgagee of the lease; and 3
(b) the registrar. 4
`(2) On receiving the notice, the registrar must record the 5
forfeiture of the lease in the appropriate register. 6
`(3) The forfeiture of the lease takes effect on the day the registrar 7
acts under subsection (2). 8
`(4) On forfeiture of the lease-- 9
(a) the lease ends; and 10
(b) the lessee is divested of any interest in the lease; and 11
(c) any person occupying the lease land must immediately 12
vacate the land. 13
`40T Payment by trustee for forfeited lease 14
`(1) If the trustee forfeits the lease, the trustee must pay to the 15
person who was the lessee the amount equal to the value of 16
the lease land, and any lawful improvements on the land, on 17
the day the lease is forfeited (the maximum amount) less any 18
amounts deducted from the maximum amount under section 19
40V. 20
`(2) The value of the lease land is the amount as decided by the 21
trustee using the valuation methodology mentioned in section 22
40J(1)(a)(iii). 23
`(3) The value of any lawful improvements on the lease land must 24
be assessed as the market value of the improvements in a sale 25
of a lease, of the same term and tenure as the forfeited lease. 26
`(4) Subject to subsections (2) and (3), the trustee must decide the 27
amount payable to the person. 28
`(5) The trustee must decide the amount payable to the person as 29
soon as practicable after giving the person notice that the lease 30
is forfeited. 31
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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`(6) On deciding the amount payable, the trustee must give the 1
person written notice of the decision. 2
`(7) The notice must state-- 3
(a) the amount; and 4
(b) that the person may appeal against the decision and how 5
the person may appeal. 6
`(8) This section is subject to section 40U. 7
`40U Unclaimed amounts 8
`If the trustee can not find the person entitled to receive the 9
amount payable under section 40T, or the person does not 10
collect the amount from the trustee within 9 years after the 11
day the lease is forfeited, the amount is forfeited to the trustee. 12
`40V Amounts owing to trustee or mortgagee to be 13
deducted 14
`If the trustee forfeits the lease, the trustee may deduct the 15
following amounts from the maximum amount-- 16
(a) an amount in payment of all costs properly incurred by 17
the trustee in forfeiting the lease; 18
(b) an amount in payment of expenses incurred by the 19
trustee to rectify damage caused to the lease land by the 20
person who was the lessee; 21
(c) any amount owing to the trustee by the person under the 22
lease; 23
(d) any amount owing to a mortgagee of the lease by the 24
person under a mortgage of the lease. 25
`40W Payment of amount to mortgagee in discharge of 26
mortgage 27
`(1) This section applies if the trustee forfeits the lease and, under 28
a mortgage of the lease, an amount is owing to a mortgagee of 29
the lease by the person who was the lessee. 30
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`(2) The trustee must pay to the mortgagee-- 1
(a) if the amount that may be deducted from the maximum 2
amount under section 40V(d) is less than the difference 3
between the maximum amount and the amounts 4
deducted under section 40V(a), (b) or (c)--the amount 5
that may be deducted from the maximum amount under 6
section 40V(d); or 7
(b) otherwise--the amount equal to the difference between 8
the maximum amount and the amounts deducted under 9
section 40V(a), (b) or (c). 10
`(3) The trustee must pay the amount payable under subsection (2) 11
to the mortgagee-- 12
(a) if no appeal is made under this subdivision against the 13
decision under section 40T about the amount payable to 14
the person who was the lessee--within 28 days after the 15
time for making an appeal ends; or 16
(b) if an appeal is made under this subdivision against the 17
decision mentioned in paragraph (a)--within 28 days 18
after the appeal is finally decided. 19
`(4) If the trustee pays an amount to the mortgagee in relation to a 20
mortgage of the lease, the mortgagee must use the amount in 21
discharge of the mortgage. 22
`40X Appeal against decision under s 40T 23
`(1) A person the subject of a decision under section 40T about an 24
amount payable to the person may appeal to the Land Court 25
against the decision. 26
`(2) An appeal is started by filing written notice of appeal with the 27
registrar of the Land Court. 28
`(3) The person must give a copy of the notice of appeal to the 29
trustee of the lease land to which the decision relates. 30
`(4) The notice of appeal must be filed within 28 days after the 31
person receives notice of the decision. 32
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`(5) However, the Land Court may, at any time within the 28 days, 1
extend the period for making the appeal. 2
`(6) The appeal is by way of rehearing, unaffected by the decision, 3
on the material before the trustee and any further evidence 4
allowed by the Land Court. 5
`40Y Powers of Land Court on appeal 6
`(1) In deciding the appeal, the Land Court has the same powers as 7
the trustee of the lease land. 8
`(2) The Land Court may-- 9
(a) confirm the decision; or 10
(b) set aside the decision and substitute another decision; or 11
(c) set aside the decision and return the issue to the trustee 12
with directions the court considers appropriate. 13
`(3) If the Land Court substitutes another decision, the substituted 14
decision is, other than for the purpose of an appeal under this 15
subdivision, taken to be the decision of the trustee of the lease 16
land. 17
`Subdivision 5 Grant of licences 18
`40Z Grant of licence for transferred land 19
`The trustee of transferred land may grant a licence for the use 20
of all or a part of the land only-- 21
(a) to an Aborigine for not more than 30 years; or 22
(b) to the State for not more than 30 years; or 23
(c) to another person-- 24
(i) for not more than 10 years; or 25
(ii) with the Minister's prior written consent, for more 26
than 10 years but not more than 30 years. 27
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`40ZA Conditions of licences 1
`(1) A licence granted under section 40Z(a) is subject to the 2
condition that an interest may be created under the licence in 3
favour of a person who is not an Aborigine only if-- 4
(a) the interest is in favour of the spouse, or former spouse, 5
of an Aborigine or of an Aborigine who is deceased; or 6
(b) the interest is-- 7
(i) for a term of not more than 10 years; or 8
(ii) created with the Minister's prior written consent. 9
`(2) A licence granted under section 40Z(b) or (c) is subject to the 10
condition that an interest can not be created under the licence. 11
`(3) A licence for the use of all or a part of transferred land can not 12
be renewed or transferred. 13
`Subdivision 6 Transfer of land held by land trust 14
`40ZB Application of sdiv 6 15
`This subdivision does not apply to transferred land held by a 16
registered native title body corporate. 17
`40ZC Transfer of transferred land held by land trust 18
`(1) The trustee of transferred land (the transferor) may transfer 19
all or a part of the land only-- 20
(a) with the Minister's written approval; and 21
(b) to a land trust (the transferee). 22
`(2) If a trustee transfers land under this subdivision-- 23
(a) all improvements on the land must be transferred with 24
the land; and 25
(b) the transferee holds the land as trustee for the benefit of 26
the Aboriginal people particularly concerned with the 27
land, and their ancestors and descendants; and 28
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(c) if all the Aboriginal land held by the trustee is 1
transferred to the transferee-- 2
(i) the land trust for the land that is transferred is 3
dissolved; and 4
(ii) all the assets and liabilities of the trustee become 5
the assets and liabilities of the transferee; and 6
(d) if paragraph (c) does not apply--the assets and 7
liabilities of the trustee as mentioned in section 8
40ZE(1)(a)(ii) become the assets and liabilities of the 9
transferee. 10
`40ZD Application for approval to transfer 11
`(1) The trustee of transferred land may apply to the Minister for 12
an approval to transfer all or a part of the land. 13
`(2) The application must-- 14
(a) be in the approved form; and 15
(b) be accompanied by evidence satisfactory to the Minister 16
of the matters mentioned in section 40ZE(1)(a) in 17
relation to the transfer. 18
`40ZE Minister's approval to transfer 19
`(1) The Minister may give an approval to transfer the land only if 20
satisfied-- 21
(a) at least 75% of the transferor's members present at a 22
general meeting of the transferor, and at least 75% of the 23
transferee's members present at a general meeting of the 24
transferee, agree to the transfer of-- 25
(i) the land; and 26
(ii) the assets and liabilities of the transferor that will 27
become the assets and liabilities of the transferee; 28
and 29
(b) it is appropriate in the circumstances to transfer the land. 30
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`(2) If the Minister gives an approval to transfer the land, the chief 1
executive must notify the approval by gazette notice. 2
`(3) The gazette notice must-- 3
(a) include all of the following-- 4
(i) the name of the transferor; 5
(ii) a description of the land being transferred; 6
(iii) details of each registered interest in the land being 7
transferred; 8
(iv) a description of all Aboriginal land, if any, held by 9
the transferor after the transfer; 10
(v) the name of the transferee; 11
(vi) a description of all Aboriginal land held by the 12
transferee after the transfer; and 13
(b) if the transferor is a land trust that is dissolved under 14
section 40ZC(2)(c)(i) because of the transfer--state the 15
land trust is dissolved. 16
`(4) In this section-- 17
description, in relation to land, means the description of the 18
land as shown in the freehold land register. 19
registered interest means an interest registered under the 20
Land Title Act. 21
`40ZF Effect of gazette notice about transfer 22
`On publication of the gazette notice the Aboriginal land 23
proposed to be transferred may be transferred to the 24
transferee. 25
`Subdivision 7 Transfer of land held by registered 26
native title body corporate 27
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`40ZG Transfer of transferred land held by registered native 1
title body corporate 2
`(1) This section applies to transferred land held by a registered 3
native title body corporate (the original body corporate). 4
`(2) The land may be transferred only-- 5
(a) with the Minister's prior written approval; and 6
(b) to a registered native title body corporate that, under the 7
Commonwealth Native Title Act, has replaced the 8
original body corporate.'. 9
`Subdivision 8 Land in Cape York Peninsula 10
Region 11
`40ZH Dealing with particular transferred land in Cape 12
York Peninsula Region 13
`(1) Subsection (2) applies to transferred land in the Cape York 14
Peninsula Region if the State and the trustee of the land agree 15
the land or a part of the land is to become a national park 16
(Cape York Peninsula Aboriginal land). 17
`(2) The trustee must, before the land or part becomes a national 18
park (Cape York Peninsula Aboriginal land), enter into an 19
indigenous management agreement with the State about the 20
management of the land or part. 21
`(3) The trustee of land that is a national park (Cape York 22
Peninsula Aboriginal land)-- 23
(a) may surrender all or any part of the land to the State; 24
and 25
(b) must not, other than under the Nature Conservation Act 26
1992, sections 42AD and 42AE, transfer, grant or 27
otherwise create, or consent to the creation of, any other 28
interest in the land. 29
`(4) Subsection (3)(b) applies despite any other provision of this 30
division or another Act. 31
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`Subdivision 9 Other matters 1
`40ZI Trustee to advise chief executive of change to 2
description of land 3
`If a trustee deals with transferred land held by the trustee in a 4
way that changes the description of the land as shown in the 5
freehold land register, the trustee must as soon as practicable 6
after the dealing happens give the chief executive written 7
notice of the change. 8
`40ZJ Particular dealings in transferred land void 9
`(1) A grant, transfer or other creation of an interest in transferred 10
land in contravention of this division is void. 11
`(2) Subsection (1) does not apply to a registered interest.'. 12
Clause 25 Amendment of s 41 (No resumption of transferred land 13
etc.) 14
(1) Section 41, heading, `No'-- 15
omit, insert-- 16
`Provision about'. 17
(2) Section 41(1), from `except by'-- 18
omit, insert-- 19
`other than under the Acquisition Act by a constructing 20
authority.'. 21
(3) Section 41(2)-- 22
renumber as section 41(4). 23
(4) Section 41-- 24
insert-- 25
`(2) However, an interest in transferred land may be taken under 26
the Acquisition Act only for a relevant purpose. 27
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`(3) To remove any doubt, it is declared that, for taking an interest 1
in transferred land under the Acquisition Act, the transferred 2
land is land as defined in that Act.'. 3
(5) Section 41-- 4
insert-- 5
`(5) In this section-- 6
relevant purpose means any purpose for which land may be 7
taken under the Acquisition Act by a constructing authority, 8
other than a purpose under-- 9
(a) the State Development and Public Works Organisation 10
Act 1971, if the taking of the land for the purpose is for 11
conferring rights or interests in the land taken on a 12
person other than the State, a local government, or a 13
local body as defined under that Act; or 14
(b) the Petroleum and Gas (Production and Safety) Act 15
2004.'. 16
Clause 26 Amendment of s 43 (Reservations of forest products and 17
quarry material etc.) 18
(1) Section 43(2)(b), `Crown'-- 19
omit, insert-- 20
`State'. 21
(2) Section 43(3), `grantees of the land are'-- 22
omit, insert-- 23
`trustee of the land is'. 24
(3) Section 43(3), `grantees or'-- 25
omit, insert-- 26
`trustee or'. 27
Clause 27 Amendment of s 48 (Time limit for making of claims) 28
Section 48-- 29
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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insert-- 1
`Note-- 2
The time for making a claim ended on 22 December 2006.'. 3
Clause 28 Amendment of s 63 (Deeds of grant to be prepared) 4
(1) Section 63(1), `registrar of titles'-- 5
omit, insert-- 6
`chief executive'. 7
(2) Section 63(2), from `directs,'-- 8
omit, insert-- 9
`directs.'. 10
Clause 29 Amendment of s 64 (Leases to be prepared) 11
(1) Section 64(1)(c), `registrar of titles'-- 12
omit, insert-- 13
`chief executive'. 14
(2) Section 64(1)(d), from `registrar of titles' to `Land Act 15
1994'-- 16
omit, insert-- 17
`chief executive to prepare the lease under the Land Act'. 18
(3) Section 64(3)(b), from `appropriate register'-- 19
omit, insert-- 20
`appropriate register.'. 21
Clause 30 Amendment of s 71 (Existing interests) 22
(1) Section 71(1)-- 23
omit, insert-- 24
`(1) If granted land was, immediately before becoming Aboriginal 25
land under this division, subject to an interest or benefited by 26
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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an easement, the interest continues in force or the land 1
continues to be benefited by the easement.'. 2
(2) Section 71(2), definition interest-- 3
omit, insert-- 4
`interest includes native title, but does not include an interest 5
in favour of the State or Commonwealth that is not 6
registered.'. 7
Clause 31 Omission of s 72 (Interests to be endorsed on deed) 8
Section 72-- 9
omit. 10
Clause 32 Amendment of s 73 (Cancellation of existing deed of 11
grant) 12
(1) Section 73(3) and (4), `grantees of'-- 13
omit, insert-- 14
`trustee that holds'. 15
(2) Section 73(4), `Land Act 1994'-- 16
omit, insert-- 17
`Land Act'. 18
Clause 33 Replacement of ss 76 and 77 19
Sections 76 and 77-- 20
omit, insert-- 21
`Subdivision 1 General 22
`76 Power to deal with granted land 23
`(1) Subject to this division, the trustee of granted land held under 24
a deed of grant in fee simple may-- 25
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(a) grant, transfer or otherwise create an interest in the land 1
in the way the trustee considers appropriate, including, 2
for example, by-- 3
(i) granting a lease or licence over all or a part of the 4
land; or 5
(ii) consenting to the creation of a mining interest in 6
the land; or 7
(iii) granting an easement over the land; or 8
(iv) entering into a conservation agreement under the 9
Nature Conservation Act 1992, section 45, in 10
relation to the land; or 11
(v) entering into an agreement with the State or the 12
Commonwealth in relation to the getting and sale 13
of forest products or quarry material above, on or 14
below the land; or 15
(b) dedicate a part of the land to public use by registering a 16
plan of subdivision under the Land Title Act, part 4, 17
division 3; or 18
(c) surrender all or a part of the land to the State. 19
`(2) Subject to this division, the trustee of granted land held under 20
an Aboriginal lease may-- 21
(a) sublease or mortgage the trustee's interest in the granted 22
land only with the Minister's prior written consent and 23
on the terms approved by the Minister in writing; or 24
(b) surrender all or a part of the trustee's interest in the 25
granted land to the State. 26
Note-- 27
· For restrictions on dealing with particular land in the Cape York 28
Peninsula Region, see section 77ZF. 29
`77 Requirement for consultation 30
`(1) The trustee of granted land must not deal with the land 31
unless-- 32
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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(a) the trustee has explained to the Aboriginal people 1
particularly concerned with the land the nature, purpose 2
and effect of the dealing; and 3
(b) the Aboriginal people are given a suitable opportunity to 4
express their views on, and are generally in agreement 5
with, the dealing. 6
`(2) Despite section 77ZH, dealing with land in contravention of 7
subsection (1) is not void under that section. 8
`(3) In this section-- 9
deal, with land, means-- 10
(a) grant a lease, other than under section 77D(1)(a) for 11
private residential purposes, for more than 10 years over 12
the land; or 13
(b) grant a licence for the use of the land for more than 10 14
years; or 15
(c) grant or otherwise create an interest in the land that is 16
not a lease or a licence for the use of the land; or 17
(d) dedicate a part of the land to public use; or 18
(e) surrender any of the land to the State. 19
`77A Provision about Minister's consent 20
`(1) This section applies if the Minister's prior written consent is 21
required for the grant of a lease or licence by the trustee of 22
granted land, or for the creation of an interest under a lease or 23
licence. 24
`(2) The Minister's consent may be given for-- 25
(a) the grant of a particular lease or licence, or a particular 26
type of lease or licence; or 27
(b) the creation of a particular interest under a lease or 28
licence, or a particular type of interest; or 29
(c) if the Minister considers it appropriate-- 30
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(i) all leases or licences, or all leases or licences of a 1
particular type, that may be granted by the trustee; 2
or 3
(ii) the creation of all interests, or all interests of a 4
particular type, that may be created under a lease 5
or licence. 6
`77B Provision about particular leases 7
`For the purposes of section 77 and subdivision 3, a lease 8
granted for an initial term of not more than 10 years, or for at 9
least 10 but not more than 30 years, is taken to be a lease for 10
more than 10 years or more than 30 years if the lease includes 11
an option to renew or extend the lease that, if exercised, would 12
extend the term of the lease for more than 10 years or more 13
than 30 years. 14
`Subdivision 2 Sale or mortgage prohibited 15
`77C Prohibition on sale or mortgage of granted land and 16
sale of Aboriginal lease 17
`(1) The trustee of granted land held under a deed of grant in fee 18
simple must not sell or mortgage the land. 19
`(2) The trustee of granted land held under an Aboriginal lease 20
must not sell the lease. 21
`Subdivision 3 Grant of leases 22
`77D Grant of lease for granted land 23
`(1) The trustee of granted land held under a deed of grant in fee 24
simple may grant a lease over all or a part of the land only-- 25
(a) to an Aborigine for not more than 99 years; or 26
(b) to the State for not more than 99 years; or 27
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(c) to another person-- 1
(i) for not more than 10 years; or 2
(ii) with the Minister's prior written consent, for more 3
than 10 years but not more than 99 years. 4
`(2) Despite subsection (1)(a)-- 5
(a) a person who is not an Aborigine may be a party to a 6
lease granted under the subsection if-- 7
(i) the lease is for private residential purposes; and 8
(ii) the person is the spouse of an Aborigine; and 9
(b) a lease may be granted under the subsection for private 10
residential purposes to a person who is not an Aborigine 11
if the person is the spouse, or former spouse, of an 12
Aborigine or of an Aborigine who is deceased. 13
`(3) Despite subsection (1)(c)(ii), a lease may be granted under the 14
subsection without the Minister's consent if the lease is-- 15
(a) for a commercial purpose and for not more than 30 16
years; or 17
(b) for a private residential purpose to support a lease for a 18
commercial purpose. 19
`77E Particular restrictions on grant of leases 20
`(1) A lease for more than 30 years may be granted under section 21
77D(1)(a) only-- 22
(a) for private residential purposes; or 23
(b) with the Minister's prior written consent, for another 24
purpose if, having regard to the nature of the lease, the 25
Minister is satisfied the grant of the lease is for the 26
benefit of persons for whom the trustee holds the land. 27
Examples of another purpose for paragraph (b)-- 28
a commercial purpose or providing public infrastructure 29
`(2) A lease for more than 30 years may be granted under section 30
77D(1)(b) only-- 31
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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(a) for a following purpose-- 1
(i) a purpose under the Housing Act 2003; 2
(ii) providing public infrastructure; 3
(iii) providing residential accommodation for public 4
service employees; or 5
(b) with the Minister's prior written consent, for another 6
purpose if, having regard to the nature of the lease, the 7
Minister is satisfied the grant of the lease is for the 8
benefit of persons for whom the trustee holds the land. 9
Example of another purpose for paragraph (b)-- 10
a commercial purpose 11
`(3) A lease may be granted under section 77D(1)(c) for a private 12
residential purpose only if the lease is to support a lease 13
granted under that section for a commercial purpose. 14
`(4) If the Minister's consent is required for the grant of a lease 15
under section 77D(1)(c)(ii), the Minister may give consent 16
only if the Minister is satisfied that, having regard to the 17
nature of the lease, the grant of the lease is for the benefit of 18
persons for whom the trustee holds the land. 19
`(5) The Minister may consent to the grant of a lease for more than 20
30 years for a commercial purpose only if the lease is granted 21
over an entire lot as shown in the appropriate register. 22
`77F Requirements for Minister's consent--general 23
`(1) A person seeking the Minister's consent to the grant of a lease 24
must give the Minister the information or documents 25
reasonably required by the Minister to show-- 26
(a) the purpose of the lease; and 27
(b) that the grant of the lease is for the benefit of persons for 28
whom the trustee holds the land; and 29
(c) if the lease is for more than 30 years--that the grant of 30
the lease for more than 30 years is appropriate in the 31
circumstances. 32
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`(2) Also, a person seeking the Minister's consent to the grant of a 1
lease for more than 30 years for a commercial purpose must 2
give the Minister-- 3
(a) a business plan outlining the details of the commercial 4
purpose of the lease, including, for example, financial 5
details about any development under the lease; and 6
(b) evidence to show that an appropriate return on the 7
investment for the commercial purpose can not be 8
obtained under a lease for not more than 30 years; and 9
(c) other information or documents reasonably required by 10
the Minister to show the purpose of the lease. 11
`(3) In considering whether to give consent to the grant of a lease, 12
the Minister-- 13
(a) must have regard to the information or documents given 14
to the Minister under subsection (1) or (2); and 15
(b) may have regard to other information the Minister 16
considers relevant to the proposed lease. 17
`(4) Before giving consent to the grant of a lease for more than 30 18
years, the Minister must be satisfied-- 19
(a) the trustee has complied with section 77(1)(a) in relation 20
to the lease; and 21
(b) the Aboriginal people particularly concerned with the 22
lease land are generally in agreement with the grant of 23
the lease. 24
`77G Particular requirement for Minister's consent for 25
lease for commercial purpose 26
`(1) Before the Minister consents to the grant of a lease for more 27
than 30 years for a commercial purpose, the Minister must-- 28
(a) obtain an independent assessment of-- 29
(i) the business plan and evidence given to the 30
Minister under section 77F(2)(a) and (b); and 31
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(ii) the proposed lessee's financial and managerial 1
capabilities; and 2
(b) be satisfied, having regard to the independent 3
assessment, that-- 4
(i) any proposed development under the lease will be 5
commercially viable; and 6
(ii) the evidence given under section 77F(2)(b) 7
satisfactorily shows that an appropriate return on 8
the investment for the purpose of the lease can not 9
be obtained under a lease for not more than 30 10
years; and 11
(iii) the proposed lessee's financial and managerial 12
capabilities are appropriate for carrying out any 13
proposed development under the lease. 14
`(2) The proposed lessee must pay the cost of the assessment. 15
`(3) The cost is not refundable. 16
`77H Conditions of leases--general 17
`(1) A lease granted under this subdivision is subject to a condition 18
that an interest, other than a mortgage of the lease, for a term 19
of more than 10 years may be created under the lease only 20
with the Minister's prior written consent. 21
`(2) Despite subsection (1)-- 22
(a) an interest under a lease granted under section 23
77D(1)(a) may be created without the Minister's prior 24
written consent if the interest is in favour of-- 25
(i) an Aborigine; or 26
(ii) another person who is not an Aborigine if the 27
person is the spouse, or former spouse, of an 28
Aborigine or of an Aborigine who is deceased; and 29
(b) an interest under another lease may be created without 30
the Minister's prior written consent if under this 31
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subdivision the grant of the lease did not require the 1
consent of the Minister. 2
`(3) A lease granted under this subdivision may include a 3
condition that-- 4
(a) a stated standard terms document under the Land Title 5
Act forms part of the lease; or 6
(b) the lease must not be transferred without the trustee's 7
prior written consent; or 8
(c) an interest under the lease, other than a mortgage of the 9
lease, must not be created without the trustee's prior 10
written consent. 11
`(4) If a lease includes a condition mentioned in subsection (3)(b) 12
or (c), the trustee must not unreasonably withhold consent to 13
the transfer or creation of an interest under the lease. 14
`(5) A lease granted under this subdivision may be mortgaged 15
without the consent of the Minister or the trustee. 16
`(6) Subject to subsection (5), this section does not limit the 17
conditions that may be imposed on a lease. 18
`77I Requirement for Minister's consent for creation of 19
interest under a lease 20
`(1) This section applies if, under this subdivision, an interest 21
under a lease may be created only with the Minister's written 22
consent. 23
`(2) The Minister may consent to the creation of the interest only 24
if-- 25
(a) having regard to the nature of the interest, the Minister is 26
satisfied the creation of the interest is for the benefit of 27
persons for whom the trustee holds the lease land; and 28
(b) if the lease is for more than 30 years-- 29
(i) the interest is consistent with the purpose for which 30
the lease was granted; or 31
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(ii) the interest would not diminish the purpose for 1
which the lease was granted. 2
`(3) A person seeking the Minister's consent must give the 3
Minister the information or documents relevant to the 4
proposed interest reasonably required by the Minister, 5
including, for example, information or documents to show 6
that the creation of the interest is for the benefit of persons for 7
whom the trustee holds the lease land. 8
`77J Leases for private residential purposes--general 9
conditions and requirements 10
`(1) A lease granted under this subdivision for private residential 11
purposes is subject to all of the following conditions-- 12
(a) if the lease is granted under section 77D(1)(a)-- 13
(i) it must be for 99 years; and 14
(ii) the annual rental under the lease is the amount, of 15
not more than $1, decided by the trustee of the 16
lease land; and 17
(iii) the consideration payable for the lease must 18
include, as a lump sum payment, an amount equal 19
to the value of the lease land as decided by the 20
trustee using-- 21
(A) a valuation methodology decided by the 22
chief executive; and 23
(B) the benchmark purchase price, as prescribed 24
under a regulation, for land in the part of the 25
State in which the lease land is situated; 26
(b) if a private residential premises is not situated on the 27
lease land--the lessee must ensure a private residential 28
premises is built on the land within 8 years after the 29
lease is granted; 30
(c) an interest may be created under the lease only if the 31
interest is a residential tenancy agreement or a mortgage 32
of the lease. 33
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`(2) A trustee may grant a lease for private residential purposes 1
only if the amount mentioned in subsection (1)(a)(iii) has 2
been paid to the trustee. 3
`(3) The chief executive-- 4
(a) must, if requested, give a person a copy of the valuation 5
methodology mentioned in subsection (1)(a)(iii); and 6
(b) may make the valuation methodology available for 7
inspection on the department's website. 8
`77K Leases for private residential purposes--particular 9
requirements if dwelling situated on land 10
`(1) This section applies if-- 11
(a) a trustee proposes to grant a lease for private residential 12
purposes; and 13
(b) a dwelling is situated on the land the subject of the 14
proposed lease. 15
`(2) The trustee must give the housing chief executive written 16
notice of the trustee's intention to grant the lease. 17
`(3) Within 28 days after receiving the notice, the housing chief 18
executive must give the trustee a written notice stating 19
whether the housing chief executive considers the dwelling 20
has been used to provide subsidised housing for residential 21
use. 22
`(4) The trustee must not grant the lease before receiving the 23
housing chief executive's notice under subsection (3). 24
`(5) Subsections (6) to (10) apply if the notice states the housing 25
chief executive considers the dwelling has been used to 26
provide subsidised housing for residential use. 27
`(6) The trustee must, before the lease is granted, decide the value 28
of the dwelling by using a valuation methodology agreed 29
between the trustee and the housing chief executive. 30
`(7) The consideration payable for the lease must include, as a 31
lump sum payment, an amount equal to the value of the 32
dwelling decided under subsection (6). 33
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`(8) The trustee may grant the lease only-- 1
(a) with the written approval of the housing chief executive; 2
and 3
(b) if the amount mentioned in subsection (7) has been paid 4
to the trustee. 5
`(9) In considering whether to give an approval, the housing chief 6
executive must have regard to whether it would be more 7
appropriate in the circumstances for the dwelling to continue 8
to be used to provide subsidised housing for residential use. 9
`(10) If the trustee grants the lease, the trustee must, within 28 days 10
after the lease is registered, give the housing chief executive-- 11
(a) a written notice stating-- 12
(i) the day the lease was registered; and 13
(ii) the names of the parties to the lease; and 14
(b) evidence showing the amount mentioned in subsection 15
(7) for the dwelling was paid to the trustee; and 16
(c) evidence showing the amount decided by the trustee 17
under section 77J(1)(a)(iii) for the lease land was paid to 18
the trustee. 19
Note-- 20
The amount mentioned in subsection (7) must be used by the trustee as 21
required under section 136A. 22
`(11) This section does not limit section 77J. 23
`(12) In this section-- 24
housing chief executive means the chief executive of the 25
department in which the Housing Act 2003 is administered. 26
`77L Renewal of lease or sublease 27
`(1) A lease or a sublease of a lease may include an option to 28
renew the lease or sublease. 29
`(2) The term of a renewed lease or sublease must not be more 30
than the initial term of the lease or sublease. 31
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`77M Transfer or amendment of lease or sublease 1
`(1) A lease or a sublease of a lease must not be transferred or 2
amended without-- 3
(a) if, under a condition of the lease, the transfer or 4
amendment of the lease or sublease requires the consent 5
of the trustee of the lease land--the trustee's prior 6
written consent; and 7
(b) if, under this subdivision, the grant of the lease or 8
sublease requires the consent of the Minister--the 9
Minister's prior written consent. 10
`(2) A person seeking the Minister's consent to the transfer or 11
amendment of a lease or sublease must give the Minister the 12
information or documents relevant to the proposed transfer or 13
amendment reasonably required by the Minister. 14
`(3) In considering whether to consent to the transfer of a lease or 15
sublease, the Minister must consider whether the proposed 16
transferee can comply with the conditions of the lease. 17
`(4) The Minister may consent to the amendment of a lease or 18
sublease only if the Minister is satisfied-- 19
(a) the amendment does not significantly change the 20
conditions of the lease or sublease; and 21
(b) the amended lease or sublease is for the benefit of 22
persons for whom the trustee holds the land. 23
`(5) Before the Minister consents to the transfer of a lease for more 24
than 30 years for a commercial purpose, the Minister must-- 25
(a) obtain an independent assessment of the proposed 26
transferee's financial and managerial capabilities; and 27
(b) be satisfied, having regard to the independent 28
assessment, that the proposed transferee's financial and 29
managerial capabilities are appropriate for complying 30
with the conditions of the lease. 31
`(6) The proposed transferee must pay the cost of the assessment. 32
`(7) The cost is not refundable. 33
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`(8) A lease or sublease of a lease must not be transferred to a 1
person who, under this Act, would not be entitled to a grant of 2
the lease. 3
`77N Lease, sublease and transfer, amendment or 4
surrender of lease or sublease to be registered 5
`(1) All leases, and any sublease of a lease or transfer, amendment 6
or surrender of a lease or sublease, must be registered. 7
`(2) Despite the Land Title Act, section 65(2) an instrument of 8
lease for granted land must include a plan of survey 9
identifying the lease land. 10
`Subdivision 4 Forfeiture of particular leases 11
`77O Application of sdiv 4 12
`This subdivision applies to a lease granted under section 13
77D(1)(a) for private residential purposes. 14
`77P Grounds for forfeiture of lease 15
`(1) The lease may be forfeited only if-- 16
(a) the lessee breaches a relevant condition of the lease and 17
fails to remedy the breach within 6 months after 18
receiving written notice of the breach from the trustee of 19
the lease land; or 20
(b) the lessee acquired the lease by fraud. 21
`(2) In this section-- 22
relevant condition, of a lease, means-- 23
(a) a condition of the lease mentioned in section 77J(1)(b); 24
or 25
(b) another condition, if the trustee reasonably considers a 26
breach of the condition is of a serious nature and 27
warrants forfeiture of the lease. 28
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`77Q Application to Land Court for forfeiture 1
`(1) Before the lease is forfeited, the trustee must refer the matter 2
to the Land Court to decide whether the lease may be 3
forfeited. 4
`(2) The trustee must give the lessee, and any mortgagee of the 5
lease, at least 28 days written notice of the trustee's intention 6
to refer the matter to the Land Court. 7
`(3) The notice must state the grounds on which the trustee 8
considers the lease may be forfeited. 9
`(4) In deciding whether the lease may be forfeited, the Land 10
Court must have regard to-- 11
(a) the stated grounds; and 12
(b) if the lease is proposed to be forfeited because of a 13
breach of a condition of the lease--whether the court 14
considers the breach is of a serious nature and warrants 15
forfeiture of the lease. 16
`(5) The trustee must file a copy of the notice in the Land Court at 17
the same time as the trustee refers the matter to the court. 18
`77R Trustee's options if Land Court decides lease may 19
be forfeited 20
`If the Land Court decides the lease may be forfeited, the 21
trustee may-- 22
(a) forfeit the lease under this subdivision; or 23
(b) if the proposed forfeiture is because of a breach of a 24
condition of the lease--decide not to forfeit the lease, 25
but instead to allow the lease to continue subject to the 26
lease being amended to include conditions agreed 27
between the trustee and the lessee. 28
`77S Notice and effect of forfeiture 29
`(1) If the trustee forfeits the lease, the trustee must, within 60 30
days after receiving notice of the Land Court's decision about 31
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forfeiture of the lease, give written notice that the lease is 1
forfeited to-- 2
(a) the lessee and any mortgagee of the lease; and 3
(b) the registrar. 4
`(2) On receiving the notice, the registrar must record the 5
forfeiture of the lease in the appropriate register. 6
`(3) The forfeiture of the lease takes effect on the day the registrar 7
acts under subsection (2). 8
`(4) On forfeiture of the lease-- 9
(a) the lease ends; and 10
(b) the lessee is divested of any interest in the lease; and 11
(c) any person occupying the lease land must immediately 12
vacate the land. 13
`77T Payment by trustee for forfeited lease 14
`(1) If the trustee forfeits the lease, the trustee must pay to the 15
person who was the lessee the amount equal to the value of 16
the lease land, and any lawful improvements on the land, on 17
the day the lease is forfeited (the maximum amount) less any 18
amounts deducted from the maximum amount under section 19
77V. 20
`(2) The value of the lease land is the amount as decided by the 21
trustee using a valuation methodology mentioned in section 22
77J(1)(a)(iii). 23
`(3) The value of any lawful improvements on the lease land must 24
be assessed as the market value of the improvements in a sale 25
of a lease, of the same term and tenure as the forfeited lease. 26
`(4) Subject to subsections (2) and (3), the trustee must decide the 27
amount payable to the person. 28
`(5) The trustee must decide the amount payable to the person as 29
soon as practicable after giving the person notice that the lease 30
is forfeited. 31
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`(6) On deciding the amount payable, the trustee must give the 1
person written notice of the decision. 2
`(7) The notice must state-- 3
(a) the amount; and 4
(b) that the person may appeal against the decision and how 5
the person may appeal. 6
`(8) This section is subject to section 77U. 7
`77U Unclaimed amounts 8
`If the trustee can not find the person entitled to receive the 9
amount payable under section 77T, or the person does not 10
collect the amount from the trustee within 9 years after the 11
day the lease is forfeited, the amount is forfeited to the trustee. 12
`77V Amounts owing to trustee or mortgagee to be 13
deducted 14
`If the trustee forfeits the lease, the trustee may deduct the 15
following amounts from the maximum amount-- 16
(a) an amount in payment of all costs properly incurred by 17
the trustee in forfeiting the lease; 18
(b) an amount in payment of expenses incurred by the 19
trustee to rectify damage caused to the lease land by the 20
person who was the lessee; 21
(c) any amount owing to the trustee by the person under the 22
lease; 23
(d) any amount owing to a mortgagee of the lease by the 24
person under a mortgage of the lease. 25
`77W Payment of amount to mortgagee in discharge of 26
mortgage 27
`(1) This section applies if the trustee forfeits the lease and, under 28
a mortgage of the lease, an amount is owing to a mortgagee of 29
the lease by the person who was the lessee. 30
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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`(2) The trustee must pay to the mortgagee-- 1
(a) if the amount that may be deducted from the maximum 2
amount under section 77V(d) is less than the difference 3
between the maximum amount and the amounts 4
deducted under section 77V(a), (b) or (c)--the amount 5
that may be deducted from the maximum amount under 6
section 77V(d); or 7
(b) otherwise--the amount equal to the difference between 8
the maximum amount and the amounts deducted under 9
section 77V(a), (b) or (c). 10
`(3) The trustee must pay the amount payable under subsection (2) 11
to the mortgagee-- 12
(a) if no appeal is made under this subdivision against the 13
decision under section 77T about the amount payable to 14
the person who was the lessee--within 28 days after the 15
time for making an appeal ends; or 16
(b) if an appeal is made under this subdivision against the 17
decision mentioned in paragraph (a)--within 28 days 18
after the appeal is finally decided. 19
`(4) If the trustee pays an amount to the mortgagee in relation to a 20
mortgage of the lease, the mortgagee must use the amount in 21
discharge of the mortgage. 22
`77X Appeal against decision under s 77T 23
`(1) A person the subject of a decision under section 77T about an 24
amount payable to the person may appeal to the Land Court 25
against the decision. 26
`(2) An appeal is started by filing written notice of appeal with the 27
registrar of the Land Court. 28
`(3) The person must give a copy of the notice of appeal to the 29
trustee of the lease land to which the decision relates. 30
`(4) The notice of appeal must be filed within 28 days after the 31
person receives notice of the decision. 32
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`(5) However the Land Court may, at any time within the 28 days, 1
extend the period for making the appeal. 2
`(6) The appeal is by way of rehearing, unaffected by the decision, 3
on the material before the trustee and any further evidence 4
allowed by the Land Court. 5
`77Y Powers of Land Court on appeal 6
`(1) In deciding the appeal, the Land Court has the same powers as 7
the trustee of the lease land. 8
`(2) The Land Court may-- 9
(a) confirm the decision; or 10
(b) set aside the decision and substitute another decision; or 11
(c) set aside the decision and return the issue to the trustee 12
with directions the court considers appropriate. 13
`(3) If the Land Court substitutes another decision, the substituted 14
decision is, other than for the purpose of an appeal under this 15
subdivision, taken to be the decision of the trustee of the lease 16
land. 17
`Subdivision 5 Grant of licences 18
`77Z Grant of licence for granted land 19
`The trustee of granted land held under a deed of grant in fee 20
simple may grant a licence for the use of all or a part of the 21
land only-- 22
(a) to an Aborigine for not more than 30 years; or 23
(b) to the State for not more than 30 years; or 24
(c) to another person-- 25
(i) for not more than 10 years; or 26
(ii) with the Minister's prior written consent, for more 27
than 10 years but not more than 30 years. 28
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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`77ZA Conditions of licences 1
`(1) A licence granted under section 77Z(a) is subject to the 2
condition that an interest may be created under the licence in 3
favour of a person who is not an Aborigine only if-- 4
(a) the interest is in favour of the spouse, or former spouse, 5
of an Aborigine or of an Aborigine who is deceased; or 6
(b) the interest is-- 7
(i) for a term of not more than 10 years; or 8
(ii) created with the Minister's prior written consent. 9
`(2) A licence granted under section 77Z(b) or (c) is subject to the 10
condition that an interest can not be created under the licence. 11
`(3) A licence for the use of all or a part of granted land can not be 12
renewed or transferred. 13
`Subdivision 6 Transfer of land 14
`77ZB Transfer of granted land 15
`(1) The trustee of granted land held under a deed of grant in fee 16
simple (the transferor) may transfer all or a part of the land 17
only-- 18
(a) with the Minister's written approval; and 19
(b) to a land trust (the transferee). 20
`(2) If a trustee transfers land under this subdivision-- 21
(a) all improvements on the land must be transferred with 22
the land; and 23
(b) the transferee holds the land as trustee for the benefit of 24
the group of Aboriginal people concerned with the land, 25
and their ancestors and descendants; and 26
(c) if all the Aboriginal land held by the trustee is 27
transferred to the transferee-- 28
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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(i) the land trust for the land that is transferred is 1
dissolved; and 2
(ii) all the assets and liabilities of the trustee become 3
the assets and liabilities of the transferee; and 4
(d) if paragraph (c) does not apply--the assets and 5
liabilities of the trustee as mentioned in section 6
77ZD(1)(a)(ii) become the assets and liabilities of the 7
transferee. 8
`77ZC Application for approval to transfer 9
`(1) The trustee of granted land may apply to the Minister for an 10
approval to transfer all or a part of the land. 11
`(2) The application must-- 12
(a) be in the approved form; and 13
(b) be accompanied by evidence satisfactory to the Minister 14
of the matters mentioned in section 77ZD(1)(a) in 15
relation to the transfer. 16
`77ZD Minister's approval to transfer 17
`(1) The Minister may give an approval to transfer the land only if 18
satisfied-- 19
(a) at least 75% of the transferor's members present at a 20
general meeting of the transferor, and at least 75% of the 21
transferee's members present at a general meeting of the 22
transferee, agree to the transfer of-- 23
(i) the land; and 24
(ii) the assets and liabilities of the transferor that will 25
become the assets and liabilities of the transferee; 26
and 27
(b) it is appropriate in the circumstances to transfer the land. 28
`(2) If the Minister gives an approval to transfer the land, the chief 29
executive must notify the approval by gazette notice. 30
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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`(3) The gazette notice must-- 1
(a) include all of the following-- 2
(i) the name of the transferor; 3
(ii) a description of the land being transferred; 4
(iii) details of each registered interest in the land being 5
transferred; 6
(iv) a description of all Aboriginal land, if any, held by 7
the transferor after the transfer; 8
(v) the name of the transferee; 9
(vi) a description of all Aboriginal land held by the 10
transferee after the transfer; and 11
(b) if the transferor is a land trust that is dissolved under 12
section 77ZB(2)(c)(i) because of the transfer--state the 13
land trust is dissolved. 14
`(4) In this section-- 15
description, in relation to land, means the description of the 16
land as shown in the freehold land register. 17
registered interest means an interest registered under the 18
Land Title Act. 19
`77ZE Effect of gazette notice about transfer 20
`On publication of the gazette notice the Aboriginal land 21
proposed to be transferred may be transferred to the 22
transferee. 23
`Subdivision 7 Land in Cape York Peninsula 24
Region 25
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`77ZF Dealing with particular granted land in Cape York 1
Peninsula Region 2
`(1) Subsection (2) applies to granted land in the Cape York 3
Peninsula Region if the State and the trustee of the land agree 4
the land or a part of the land is to become a national park 5
(Cape York Peninsula Aboriginal land). 6
`(2) The trustee must, before the land or part becomes a national 7
park (Cape York Peninsula Aboriginal land), enter into an 8
indigenous management agreement with the State about the 9
management of the land or part. 10
`(3) The trustee of land that is a national park (Cape York 11
Peninsula Aboriginal land)-- 12
(a) may surrender all or any part of the land to the State; 13
and 14
(b) must not, other than under the Nature Conservation Act 15
1992, sections 42AD and 42AE, transfer, grant or 16
otherwise create, or consent to the creation of, any other 17
interest in the land. 18
`(4) Subsection (3)(b) applies despite any other provision of this 19
division or another Act. 20
`Subdivision 8 Other matters 21
`77ZG Trustee to advise chief executive of change to 22
description of land 23
`If a trustee deals with granted land held by the trustee in a 24
way that changes the description of the land as shown in the 25
freehold land register, the trustee must as soon as practicable 26
after the dealing happens give the chief executive written 27
notice of the change. 28
`77ZH Particular dealings in granted land void 29
`(1) A grant, transfer or other creation of an interest in granted 30
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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land in contravention of this division is void. 1
`(2) Subsection (1) does not apply to a registered interest.'. 2
Clause 34 Amendment of s 78 (No resumption of granted land etc.) 3
(1) Section 78, heading, `No'-- 4
omit, insert-- 5
`Provision about'. 6
(2) Section 78(1), from `except by'-- 7
omit, insert-- 8
`other than under the Acquisition Act by a constructing 9
authority.'. 10
(3) Section 78(2)-- 11
renumber as section 78(4). 12
(4) Section 78-- 13
insert-- 14
`(2) However, an interest in granted land may be taken under the 15
Acquisition Act only for a relevant purpose. 16
`(3) To remove any doubt, it is declared that, for taking an interest 17
in granted land under the Acquisition Act, the granted land is 18
land as defined in that Act.'. 19
(5) Section 78-- 20
insert-- 21
`(5) In this section-- 22
relevant purpose means any purpose for which land may be 23
taken under the Acquisition Act by a constructing authority, 24
other than a purpose under-- 25
(a) the State Development and Public Works Organisation 26
Act 1971, if the taking of the land for the purpose is for 27
conferring rights or interests in the land taken on a 28
person other than the State, a local government, or a 29
local body as defined under that Act; or 30
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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(b) the Petroleum and Gas (Production and Safety) Act 1
2004.'. 2
Clause 35 Amendment of s 79 (Devolution of granted land) 3
(1) Section 79(2) and (3)-- 4
renumber as section 79(5) and (6). 5
(2) Section 79(1)-- 6
omit, insert-- 7
`(1) This section applies if-- 8
(a) a trustee holds granted land for the benefit of a single 9
group of Aboriginal people; and 10
(b) the last surviving member of the group dies without 11
leaving a descendant. 12
`(2) The trustee holds the land for the benefit of Aboriginal people 13
particularly concerned with the land unless the Minister 14
decides, in writing, that the trustee holds the land for a 15
specified group of Aboriginal people. 16
`(3) The chief executive must give written notice to the registrar of 17
titles about how the land is vested in the trustee. 18
`(4) On receiving the notice, the registrar of titles must record in 19
the freehold land register how the land is vested in the 20
trustee.'. 21
(3) Section 79(5), as renumbered, `determination under 22
subsection (1)'-- 23
omit, insert-- 24
`decision under subsection (2)'. 25
(4) Section 79(6), as renumbered, `Subsection (1)'-- 26
omit, insert-- 27
`Subsection (2)'. 28
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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Clause 36 Amendment of s 81 (Reservations of forest products and 1
quarry material etc.) 2
(1) Section 81(2), `Crown'-- 3
omit, insert-- 4
`State'. 5
(2) Section 81(5), `grantees of the land are'-- 6
omit, insert-- 7
`trustee of the land is'. 8
(3) Section 81(5), `grantees or'-- 9
omit, insert-- 10
`trustee or'. 11
Clause 37 Amendment of s 82 (Rights of access preserved) 12
Section 82-- 13
insert-- 14
`(2) In this section-- 15
coast means all land, including the bed and banks of any river, 16
stream, watercourse, lake or other body of water, that is-- 17
(a) above the highest astronomical tide mark and within 18
400m, measured by the shortest distance, of that mark; 19
or 20
(b) below the highest astronomical tide mark. 21
highest astronomical tide means the highest level of the tides 22
that can be predicted to occur under average meteorological 23
conditions and under any combination of astronomical 24
conditions.'. 25
Clause 38 Amendment, relocation and renumbering of s 83 26
(National park subject to lease to State etc.) 27
(1) Section 83(1) and (9), before `granted land'-- 28
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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insert-- 1
`transferred land or'. 2
(2) Section 83(4), after `management'-- 3
insert-- 4
`if the land is granted other than to a registered native title 5
body corporate'. 6
(3) Section 83-- 7
insert-- 8
`(4A) If the national park land is granted to a registered native title 9
body corporate, the registered native title body corporate is to 10
be represented on the board of management.'. 11
(4) Section 83(7)(a), before `consult'-- 12
insert-- 13
`if the national park land is granted other than to a registered 14
native title body corporate--'. 15
(5) Section 83(9)(b), `section 63'-- 16
omit, insert-- 17
`section 27 or 63'. 18
(6) Section 83(10), before `claimable land'-- 19
insert-- 20
`transferable land or'. 21
(7) Section 83, as amended-- 22
relocate and renumber in part 9 as section 132A. 23
Clause 39 Amendment, relocation and renumbering of s 83E (Land 24
trust to enter into indigenous management agreement) 25
(1) Section 83E, heading, `Land trust to enter'-- 26
omit, insert-- 27
`Entering'. 28
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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(2) Section 83E, `land trust'-- 1
omit, insert-- 2
`land trust or registered native title body corporate'. 3
(3) Section 83E, as amended-- 4
relocate and renumber in part 5B, division 1 as section 83FA. 5
Clause 40 Amendment of s 83G (Requirements for indigenous 6
management agreement) 7
Section 83G(3), `land trust'-- 8
omit, insert-- 9
`trustee, or proposed trustee, for the land'. 10
Clause 41 Amendment of s 83H (Amending indigenous 11
management agreement) 12
Section 83H, `land trust'-- 13
omit, insert-- 14
`trustee, or proposed trustee,'. 15
Clause 42 Amendment of s 83I (Recording of indigenous 16
management agreement) 17
Section 83I(6)(a), `the land trust'-- 18
omit, insert-- 19
`a trustee'. 20
Clause 43 Amendment of s 83J (Requirements about grant of 21
national parks in Cape York Peninsula Region) 22
Section 83J(2), `land trust'-- 23
omit, insert-- 24
`trustee, or proposed trustee,'. 25
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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[s 44]
Clause 44 Insertion of new pts 5D5F 1
After section 83L-- 2
insert-- 3
`Part 5D Decision making process 4
`83M When agreement of Aboriginal people is given 5
`If this Act provides that Aboriginal people be generally in 6
agreement with a grant, consent or agreement about 7
Aboriginal land, the agreement of the Aboriginal people is 8
taken to have been given when-- 9
(a) if there is a particular process of decision making that, 10
under the Aboriginal tradition of the Aboriginal people, 11
must be complied with for decisions of that kind--the 12
decision was made under the process; or 13
(b) otherwise--the decision was made under the process of 14
decision making agreed to and adopted by the 15
Aboriginal people for the decision or for decisions of 16
that kind. 17
`83N Decision making by trustee 18
`(1) This section applies if this Act provides that the trustee of 19
Aboriginal land is required to make a decision about the land, 20
including, for example, a decision about whether to grant an 21
interest in the land, consent to the creation of a mining interest 22
in the land or enter into an agreement about the land. 23
`(2) The trustee must-- 24
(a) as far as practicable, act in a way that is consistent with 25
any Aboriginal tradition, for decisions of that kind, of 26
the Aboriginal people for whom the trustee holds the 27
land; or 28
(b) if there is no relevant Aboriginal tradition--make the 29
decision under a process of decision making agreed to 30
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[s 44]
and adopted by the trustee for the decision or for 1
decisions of that kind. 2
`Part 5E Provisions about mortgages of 3
leases over Aboriginal land 4
`83O Application of pt 5E 5
`If, in relation to the mortgaging of a lease over Aboriginal 6
land, there is an inconsistency between a provision of this part 7
and the Land Title Act, part 6, division 3, or the Property Law 8
Act 1974, the provision of this part prevails to the extent of the 9
inconsistency. 10
`83P Provisions about entering into possession, and 11
selling, lease 12
`(1) This section applies if a mortgagee enters into possession of a 13
lease granted over Aboriginal land. 14
`(2) The mortgagee must give the trustee of the land written notice 15
of the fact within 28 days after entering into possession. 16
`(3) The mortgagee must arrange to sell the lease within the later 17
of the following periods to end (the applicable period)-- 18
(a) 4 years after entering into possession of the lease; 19
(b) the longer period agreed in writing between the 20
mortgagee and trustee. 21
`(4) For subsection (3)(b)-- 22
(a) the period mentioned in subsection (3)(a) may be 23
extended or further extended for not more than 2 years 24
at a time; and 25
(b) an extension or further extension of the period must be 26
agreed in writing before the period or further extended 27
period would otherwise have ended. 28
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[s 44]
`(5) In considering whether to agree to an extension or further 1
extension, the trustee must have regard to the measures the 2
mortgagee has already taken to sell the lease. 3
`(6) If the mortgagee does not sell the lease within the applicable 4
period, the trustee may sell the lease. 5
`(7) The mortgagee or trustee may sell the lease only to a person 6
who, under this Act, would be entitled to be granted the lease. 7
`(8) The trustee must not sell the lease for less than-- 8
(a) the amount owing to the mortgagee by the lessee under 9
the mortgage on the day the lease is sold; or 10
(b) if the trustee and the mortgagee agree the lease may be 11
sold for an amount less than the amount mentioned in 12
paragraph (a)--the agreed amount. 13
`83Q How trustee deals with proceeds of sale 14
`(1) This section applies if, under section 83P, a trustee sells a 15
mortgaged lease. 16
`(2) The trustee must apply the proceeds of the sale, under the 17
Property Law Act 1974, as if the lease were sold by the 18
mortgagee and the amount of the sale were received by the 19
mortgagee. 20
`(3) However, in applying the proceeds of the sale, the trustee must 21
firstly apply the proceeds to the payment of all costs, charges 22
and expenses properly incurred by the trustee for the sale or 23
any attempted sale. 24
`Part 5F Leasing of Aboriginal trust land 25
`Division 1 Preliminary 26
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
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[s 44]
`83R Definitions for pt 5F 1
`In this part-- 2
Aboriginal trust land means-- 3
(a) land subject to a deed of grant in trust granted for the 4
benefit of Aboriginal inhabitants or for the purpose of an 5
Aboriginal reserve under the repealed Land Act 1962; or 6
(b) land reserved and set apart under the repealed Land Act 7
1962 for an Aboriginal reserve or for the benefit of 8
Aboriginal inhabitants; or 9
(c) land subject to a deed of grant in trust granted for the 10
benefit of Aboriginal inhabitants under the Land Act; or 11
(d) land dedicated under the Land Act as a reserve for the 12
provision of services beneficial to Aboriginal people 13
particularly concerned with the land. 14
trustee, of Aboriginal trust land, means the trustee of the land 15
under the Land Act. 16
trustee (Aboriginal) lease means a lease of Aboriginal trust 17
land granted under part 3, division 2, subdivision 3 as applied 18
under section 83T(2). 19
`83S Relationship with Land Act 20
`(1) The following provisions of the Land Act, chapter 3, part 1, 21
division 7 do not apply to Aboriginal trust land-- 22
(a) sections 57 to 59; 23
(b) section 61, to the extent it relates to a lease or sublease 24
of the land; 25
(c) section 63, to the extent it relates to a lease of the land; 26
(d) section 64; 27
(e) sections 65 and 66, to the extent the provisions relate to 28
a lease of the land. 29
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 44]
`(2) For the purposes of the Land Act, other than the provisions 1
mentioned in subsection (1), a trustee (Aboriginal) lease is 2
taken to be a trustee lease under that Act. 3
`Division 2 Leases 4
`83T Trustee (Aboriginal) leases 5
`(1) A trustee of Aboriginal trust land may lease all or a part of the 6
land under part 3, division 2, subdivision 3. 7
`(2) For subsection (1), the relevant provisions apply in relation to 8
the leasing of Aboriginal trust land-- 9
(a) as if a reference in the provisions to transferred land 10
were a reference to Aboriginal trust land; and 11
(b) as if a reference in the provisions to the Minister were a 12
reference to-- 13
(i) if the Aboriginal trust land is transferable 14
land--the Minister administering this Act; and 15
(ii) if the Aboriginal trust land is not transferable 16
land--the Minister administering the Land Act; 17
and 18
(c) as if the reference in section 40F(4)(a) to section 19
40(1)(a) were a reference to section 83T(4)(a); and 20
(d) as if the reference in section 40H(3)(a) to a stated 21
standard terms document under the Land Title Act were 22
a reference to a stated mandatory standard terms 23
document under the Land Act; and 24
(e) as if the reference in section 40N(2) to the Land Title 25
Act, section 65(2) were a reference to the Land Act, 26
section 57(5). 27
`(3) If the consent of the Minister is required in relation to a lease 28
of Aboriginal trust land that is transferable land, the Minister 29
must not give the consent unless satisfied the lease is for the 30
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 44]
benefit of Aboriginal people particularly concerned with the 1
land. 2
`(4) The trustee of Aboriginal trust land that is transferable land 3
must not grant a lease over the land for more than 30 years 4
unless-- 5
(a) the trustee has explained to the Aboriginal people 6
particularly concerned with the land the nature, purpose 7
and effect of the lease; and 8
(b) the Aboriginal people are given a suitable opportunity to 9
express their views on, and are generally in agreement 10
with, the grant of the lease. 11
`(5) The grant of a lease over Aboriginal trust land in 12
contravention of part 3, division 2, subdivision 3 is void, 13
unless the lease is registered. 14
`(6) Subsection (5) applies despite any other Act. 15
`(7) In this section-- 16
relevant provisions means section 40A and part 3, division 2, 17
subdivisions 3 and 4. 18
`83U Amending trustee (Aboriginal) lease 19
`(1) A document of amendment of a registered trustee 20
(Aboriginal) lease must not-- 21
(a) increase or decrease the area leased; or 22
(b) add or remove a party to the lease; or 23
(c) be lodged after the lease's term has ended. 24
`(2) In this section-- 25
term, of a trustee (Aboriginal) lease, includes a period of 26
possession under the lease because of-- 27
(a) the exercise of an option to renew the lease; or 28
(b) a registered document of amendment extending the term 29
of the lease. 30
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 44]
`83V Mortgage of trustee (Aboriginal) lease 1
`(1) Subject to subsection (2), a lessee of Aboriginal trust land 2
may, under the Land Act, chapter 6, part 4, division 4, 3
mortgage a trustee (Aboriginal) lease. 4
`(2) For mortgaging a trustee (Aboriginal) lease-- 5
(a) the Land Act, chapter 6, part 4, division 4, applies-- 6
(i) as if the reference in section 345(2) to the Minister 7
were a reference to the trustee; and 8
(ii) as if section 346(1) provided that the mortgagee 9
may offer the lease for sale by public auction or 10
may sell the lease by private contract; and 11
(iii) as if the reference in section 346(3) to a person 12
qualified under the Land Act to hold the lease were 13
a reference to a person entitled under this Act to a 14
grant of the lease; and 15
(iv) as if section 347 were omitted; and 16
(b) section 83P applies as if the reference in section 83P(1) 17
to Aboriginal land were a reference to Aboriginal trust 18
land. 19
`83W Surrender of trustee (Aboriginal) lease 20
`All or part of a trustee (Aboriginal) lease or a sublease of a 21
trustee (Aboriginal) lease may be surrendered only if each 22
registered mortgagee and registered sublessee of the interest 23
being surrendered has given written agreement to the 24
surrender. 25
`Division 3 Other matters 26
Page 93
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 45]
`83X Trustee to advise about ending of particular lease 1
for commercial purpose 2
`(1) This section applies if a trustee (Aboriginal) lease granted by 3
a trustee over transferable land for more than 30 years for a 4
commercial purpose ends. 5
`(2) The trustee must give the registrar written notice of the 6
ending. 7
`(3) The notice must include particulars of the land that was the 8
subject of the trustee (Aboriginal) lease. 9
`83Y Recording information about land 10
`(1) If a trustee (Aboriginal) lease for more than 30 years for a 11
commercial purpose on transferable land is registered, the 12
registrar must keep records that show the land is not 13
transferable land. 14
`(2) The registrar must keep the records in a way that a search of 15
the appropriate register kept by the registrar will show the 16
land is not transferable land. 17
`(3) If a trustee gives the registrar a notice under section 83X(2) 18
about particular land, the registrar must keep records that 19
show the land is transferable land. 20
`(4) The registrar must keep the records in a way that a search of 21
the appropriate register kept by the registrar will show the 22
land is transferable land.'. 23
Clause 45 Amendment of s 84 (Crown's use of Aboriginal land 24
preserved) 25
(1) Section 84, heading, `Crown's use'-- 26
omit, insert-- 27
`Use'. 28
(2) Section 84(1), `the Crown in right of'-- 29
omit. 30
(3) Section 84(1), `Crown is entitled'-- 31
Page 94
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 46]
omit, insert-- 1
`State or Commonwealth is entitled'. 2
(4) Section 84(1), `required by the Crown'-- 3
omit, insert-- 4
`required by the State or Commonwealth'. 5
(5) Section 84(2), `Crown'-- 6
omit, insert-- 7
`State or Commonwealth'. 8
(6) Section 84(3), `Crown under section 39 or 76'-- 9
omit, insert-- 10
`State or Commonwealth, or a person for a private residential 11
purpose, under part 3, division 2 or part 5, division 2'. 12
Clause 46 Amendment of s 85 (No rent payable by Crown) 13
(1) Section 85, heading, `by Crown'-- 14
omit. 15
(2) Section 85, `The Crown'-- 16
omit, insert-- 17
`The State or Commonwealth'. 18
Clause 47 Amendment of s 86 (Access to land used by Crown) 19
(1) Section 86, heading, `used by Crown'-- 20
omit. 21
(2) Section 86(1), `Crown is entitled'-- 22
omit, insert-- 23
`State or Commonwealth is entitled'. 24
(3) Section 86(1), `Crown and its'-- 25
omit, insert-- 26
Page 95
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 48]
`State or Commonwealth and their'. 1
(4) Section 86(3), from `The grantees' to `subsection (2)'-- 2
omit, insert-- 3
`The trustee of Aboriginal land, other than a registered native 4
title body corporate, must not agree on a route for subsection 5
(2)(b)'. 6
(5) Section 86(2)(b), `Crown'-- 7
omit, insert-- 8
`State or Commonwealth'. 9
(6) Section 86(3)(a), `they have'-- 10
omit, insert-- 11
`the trustee has'. 12
(7) Section 86(3)(c)-- 13
omit. 14
(8) Section 86(4), `subsection (2)'-- 15
omit, insert-- 16
`subsection (2)(b)'. 17
Clause 48 Amendment of s 87 (Application of Mineral Resources 18
Act) 19
(1) Section 87(2), from `grantees' to `were the owners'-- 20
omit, insert-- 21
`trustee of the land were the owner'. 22
(2) Section 87, `Crown'-- 23
omit, insert-- 24
`State'. 25
(3) Section 87(4)(b), from `grantees' to `owners'-- 26
omit, insert-- 27
`trustee of the land were the owner'. 28
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 49]
(4) Section 87(7)-- 1
renumber as section 87(8). 2
(5) Section 87-- 3
insert-- 4
`(7) Subsection (6) applies in relation to Aboriginal land held by a 5
registered native title body corporate as if the reference in the 6
subsection to Aboriginal people particularly concerned with 7
the land were a reference to the registered native title body 8
corporate that holds the land.'. 9
Clause 49 Amendment of s 88 (Royalties in relation to mining on 10
Aboriginal land) 11
(1) Section 88(2), `grantees of the land are entitled'-- 12
omit, insert-- 13
`trustee of the land is entitled'. 14
(2) Section 88(2), `are to apply'-- 15
omit, insert-- 16
`must apply'. 17
(3) Section 88(2), `they hold'-- 18
omit, insert-- 19
`the trustee holds'. 20
(4) Section 88(3)-- 21
omit. 22
Clause 50 Insertion of new s 114A 23
After section 114-- 24
insert-- 25
Page 97
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 51]
`114A Tribunal may order that particular claimable land is 1
transferable land 2
`(1) This section applies if, before the Land Tribunal makes a 3
decision about whether or not a claim under this Act for 4
claimable land, other than transferred land, is established-- 5
(a) each party to the proceeding that made a claim agrees in 6
writing that the claimable land become transferable 7
land; and 8
(b) the tribunal is given written notice of the agreement. 9
`(2) If the Land Tribunal is satisfied it is appropriate in the 10
circumstances that the land become transferable land, the 11
tribunal may make an order that it is transferable land. 12
`(3) Before the Land Tribunal makes an order under subsection 13
(2), the tribunal must have regard to the interests of any other 14
party to the proceeding and how the interests are likely to be 15
affected by the order. 16
`(4) If the Land Tribunal makes an order under subsection (2)-- 17
(a) the land becomes transferable land when the order is 18
made; and 19
(b) all claims for the land are taken to have been dismissed 20
by the tribunal.'. 21
Clause 51 Amendment of s 131 (Creation of interests in transferable 22
and claimable land) 23
(1) Section 131(1)(b)-- 24
omit, insert-- 25
`(b) the interest is a residential tenancy agreement; or 26
(c) the interest is a lease or permit granted in relation to 27
transferable land that is Aboriginal trust land; or 28
(d) the interest is the transfer, mortgage or sublease of a 29
trustee (Aboriginal) lease; or 30
(e) for another interest-- the Minister, subject to subsection 31
(2), consents to the creation of the interest.'. 32
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Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 51]
(2) Section 131(2), `subsection (1)(b)'-- 1
omit, insert-- 2
`subsection (1)(e)'. 3
(3) Section 131(3) to (6)-- 4
renumber as section 131(4) to (7). 5
(4) Section 131-- 6
insert-- 7
`(3) The Minister may give a relevant entity a written authority 8
dispensing with the need to obtain the Minister's consent to 9
the creation of a particular type of interest in transferable land 10
if the Minister considers it is appropriate in all the 11
circumstances to give the authority.'. 12
(5) Section 131(4)(b), as renumbered-- 13
omit, insert-- 14
`(b) for another interest--the Minister, subject to subsection 15
(5), consents to the creation of the interest.'. 16
(6) Section 131(5), as renumbered, `subsection (3)(b)'-- 17
omit, insert-- 18
`subsection (4)(b)'. 19
(7) Section 131(6), as renumbered, `or claimable land'-- 20
omit. 21
(8) Section 131-- 22
insert-- 23
`(8) In this section-- 24
relevant entity means-- 25
(a) a trustee, under the Land Act, of Aboriginal trust land; 26
or 27
(b) the Council of the Shire of Aurukun or the Council of 28
the Shire of Mornington.'. 29
Page 99
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 52]
Clause 52 Amendment of s 132 (Rights of access to interests 1
preserved) 2
(1) Section 132(2), `grantees'-- 3
omit, insert-- 4
`trustee'. 5
(2) Section 132(3), from `The grantees' to `subsection (2)'-- 6
omit, insert-- 7
`The trustee of Aboriginal land, other than a registered native 8
title body corporate, must not agree on a route for the 9
purposes of subsection (2)(a)'. 10
(3) Section 132(3)(a), `they have'-- 11
omit, insert-- 12
`the trustee has'. 13
(4) Section 132(3)(c)-- 14
omit. 15
(5) Section 132(4), `subsection (2)'-- 16
omit, insert-- 17
`subsection (2)(a)'. 18
Clause 53 Amendment of s 134 (Delegation by Minister) 19
Section 134, `section 27,'-- 20
omit, insert-- 21
`section 16B, 27, 27A,'. 22
Clause 54 Amendment of s 136 (Amendment of description of land) 23
(1) Section 136(1), from `the grantees' to `Crown their'-- 24
omit, insert-- 25
`the trustee must, on receipt of a written notice to do so by the 26
chief executive, surrender to the State the'. 27
Page 100
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 55]
(2) Section 136(2), `grantee's'-- 1
omit. 2
(3) Section 136(2), `grantees'-- 3
omit, insert-- 4
`trustee'. 5
(4) Section 136(4), after `registrar'-- 6
insert-- 7
`of titles'. 8
Clause 55 Insertion of new ss 136A and 136B 9
After section 136-- 10
insert-- 11
`136A Dealing with particular trust property 12
`(1) This section applies to a trustee, other than the State, if the 13
trustee receives an amount (the lease amount) paid under 14
section 40K or 77K for the value of a dwelling. 15
`(2) The trustee must ensure an amount equal to the lease amount 16
is used by the trustee for housing services for Aboriginal 17
people concerned with the land held by the trustee. 18
`(3) In this section-- 19
housing service means-- 20
(a) providing housing to an individual for residential use; or 21
(b) any of the following kinds of service-- 22
(i) tenant advisory services; 23
(ii) tenant advocacy services; 24
(iii) home maintenance services; 25
(iv) home modification services; 26
(v) housing-related referral and information services. 27
Page 101
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 56]
trustee includes a trustee, under the Land Act, of Aboriginal 1
trust land. 2
`136B Application of Residential Tenancies Act 1994 3
`The Residential Tenancies Act 1994 does not apply to a lease 4
granted under this Act for private residential purposes.'. 5
Clause 56 Amendment of s 137A (Application of Financial 6
Administration and Audit Act 1977) 7
Section 137A(2)(a), `land claims registrar'-- 8
omit, insert-- 9
`chief executive'. 10
Clause 57 Amendment of s 138 (Regulation-making power) 11
(1) Section 138(2)(c), after `grantees'-- 12
insert-- 13
`, and any other trustees,'. 14
(2) Section 138(2)(d) and (e), after `the grantees'-- 15
insert-- 16
`or a land trust'. 17
(3) Section 138(2)(f) and (h), `land claims registrar'-- 18
omit, insert-- 19
`chief executive'. 20
(4) Section 138(2)-- 21
insert-- 22
`(i) the minimum annual rental amount payable by the State 23
under a lease granted to the State under this Act.'. 24
Page 102
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 2 Amendment of Aboriginal Land Act 1991
[s 58]
Clause 58 Insertion of new s 139A 1
Part 10-- 2
insert-- 3
`139A Existing interest in transferable land 4
`(1) This section applies to an interest in transferable land that is a 5
residential tenancy agreement if, on the commencement-- 6
(a) the agreement is in force; and 7
(b) the Minister had not consented to the creation of the 8
interest under section 131. 9
`(2) On the commencement, the Minister is taken to have 10
consented to the creation of the interest under section 131 as 11
in force before the commencement. 12
`(3) In this section-- 13
commencement means the day this section commences.'. 14
Clause 59 Insertion of new pt 11, div 2 15
After section 140-- 16
insert-- 17
`Division 2 Transitional provisions for 18
Aboriginal and Torres Strait Islander 19
Land Amendment Act 2008 20
`Subdivision 1 Preliminary 21
`141 Definition for div 2 22
`In this division-- 23
commencement means the day on which the provision in 24
which the term is used commences. 25
`Subdivision 2 Transitional provisions 26
Page 103
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 3 Amendment of Land Act 1994
[s 60]
`142 Transferred land--change to beneficiaries 1
`(1) This section applies to transferred land granted before the 2
commencement. 3
`(2) On the commencement, the trustee of the land is taken to hold 4
it for the benefit of Aboriginal people particularly concerned 5
with the land and their ancestors and descendants. 6
`(3) As soon as practicable after the commencement, the chief 7
executive must give written notice to the registrar of titles that 8
the land vests in the trustee as mentioned in subsection (2). 9
`(4) On receiving the notice, the registrar of titles must record in 10
the freehold land register that the land is vested as mentioned 11
in subsection (2). 12
`143 Interests in Aboriginal land continue 13
`If Aboriginal land was, immediately before the 14
commencement, subject to an interest granted or otherwise 15
created under section 39 or 76 as in force before the 16
commencement, the interest continues in force.'. 17
Part 3 Amendment of Land Act 1994 18
Clause 60 Act amended in pt 3 19
This part amends the Land Act 1994. 20
Clause 61 Insertion of new s 34P 21
Chapter 3, part 1, division 3, before section 35-- 22
insert-- 23
`34P Requirement about covenant for DOGIT land 24
`(1) A plan of subdivision for DOGIT land lodged for registration 25
in the freehold land register must be accompanied by an 26
Page 104
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 3 Amendment of Land Act 1994
[s 62]
instrument of covenant ensuring the lots created by the plan, 1
other than any exempt lot, are held by the same person. 2
`(2) The covenantee under the instrument creating the covenant 3
must be the State. 4
`(3) In this section-- 5
DOGIT land means land contained in a deed of grant in trust. 6
exempt lot means-- 7
(a) land dedicated to public use under the plan; or 8
(b) land resumed, taken or otherwise compulsorily acquired 9
under an Act; or 10
(c) land surrendered under section 55.'. 11
Clause 62 Amendment of s 43 (Only Parliament may delete land 12
from or cancel an existing deed of grant in trust) 13
Section 43-- 14
insert-- 15
`(4) For subsection (1), an interest in land in an existing deed of 16
grant in trust may be taken under the Acquisition Act by a 17
constructing authority. 18
`(5) However, an interest in land in an existing deed of grant in 19
trust may be taken under the Acquisition Act only for a 20
relevant purpose. 21
`(6) To remove any doubt, it is declared that, for taking an interest 22
in land in an existing deed of grant in trust under the 23
Acquisition Act, the land is land as defined in that Act. 24
`(7) Subsection (1) does not apply to a deletion of land from an 25
existing deed of grant in trust, or the cancellation of an 26
existing deed of grant in trust, as a result of the taking of the 27
land under the Acquisition Act. 28
`(8) In this section-- 29
Acquisition Act means the Acquisition of Land Act 1967. 30
Page 105
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 3 Amendment of Land Act 1994
[s 63]
relevant purpose means any purpose for which land may be 1
taken under the Acquisition Act by a constructing authority, 2
other than a purpose under-- 3
(a) the State Development and Public Works Organisation 4
Act 1971, if the taking of the land for the purpose is for 5
conferring rights or interests in the land taken on a 6
person other than the State, a local government, or a 7
local body as defined under that Act; or 8
(b) the Petroleum and Gas (Production and Safety) Act 9
2004.'. 10
Clause 63 Amendment of s 57 (Trustee leases) 11
Section 57(6)-- 12
insert-- 13
`Note-- 14
This section and other provisions of this division do not apply in relation 15
to leasing Aboriginal trust land as defined under the Aboriginal Land 16
Act 1991 or Torres Strait Islander trust land as defined under the Torres 17
Strait Islander Land Act 1991. See the Aboriginal Land Act 1991, part 18
5F and the Torres Strait Islander Land Act 1991, part 5B.'. 19
Clause 64 Insertion of new ch 9, pt 1E 20
Chapter 9-- 21
insert-- 22
`Part 1E Transitional provision for 23
Aboriginal and Torres Strait 24
Islander Land Amendment Act 25
2008 26
`521P Trustee leases 27
`(1) This section applies to a trustee lease in force on the 28
commencement of this section and given in relation to trust 29
Page 106
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 4 Amendment of Land Court Act 2000
[s 65]
land that, immediately after the commencement, is indigenous 1
trust land. 2
`(2) The trustee lease continues in force in relation to the trust 3
land. 4
`(3) In this section-- 5
indigenous trust land means Aboriginal trust land as defined 6
under the Aboriginal Land Act 1991 or Torres Strait Islander 7
trust land as defined under the Torres Strait Islander Land Act 8
1991.'. 9
Part 4 Amendment of Land Court Act 10
2000 11
Clause 65 Act amended in pt 4 12
This part amends the Land Court Act 2000. 13
Clause 66 Amendment of s 32J (Land Court has power of the 14
Supreme Court for particular purposes) 15
Section 32J(1)-- 16
insert-- 17
`(c) the Land Court in its general division is exercising 18
jurisdiction under-- 19
(i) the Aboriginal Land Act 1991, part 3, division 2, 20
subdivision 4 or part 5, division 2, subdivision 4; or 21
(ii) the Torres Strait Islander Land Act 1991, part 3, 22
division 2, subdivision 4.'. 23
Clause 67 Amendment of s 60 (Questions of law from a land 24
tribunal) 25
Section 60(4), definition presiding member, `section 3 and'-- 26
Page 107
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 5 Amendment of Local Government (Aboriginal Lands) Act 1978
[s 68]
omit, insert-- 1
`schedule and'. 2
Part 5 Amendment of Local 3
Government (Aboriginal Lands) 4
Act 1978 5
Clause 68 Act amended in pt 5 6
This part amends the Local Government (Aboriginal Lands) 7
Act 1978. 8
Clause 69 Amendment of s 2 (Definitions) 9
Section 2-- 10
insert-- 11
`Acquisition Act, for part 5A, see section 33A. 12
compensation claimant, for part 5A, see section 33E(1). 13
constructing authority, for part 5A, see section 33A. 14
lease, for part 5A, see section 33A.'. 15
Clause 70 Insertion of new pt 5A 16
After section 33-- 17
insert-- 18
`Part 5A Resumption of leases 19
`33A Definitions for pt 5A 20
`In this part-- 21
Acquisition Act means the Acquisition of Land Act 1967. 22
Page 108
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 5 Amendment of Local Government (Aboriginal Lands) Act 1978
[s 70]
compensation claimant see section 33E(1). 1
constructing authority means a constructing authority under 2
the Acquisition Act. 3
lease means a lease granted under section 3(1). 4
`33B Resumption of lease 5
`(1) A lease or part of a lease may be resumed by order in council. 6
`(2) However, a lease or part of a lease may be resumed only for a 7
relevant purpose. 8
`(3) The resumption may be for any constructing authority. 9
`(4) An order in council under subsection (1) is not subordinate 10
legislation. 11
`(5) In this section-- 12
relevant purpose means any purpose for which land may be 13
taken under the Acquisition Act by a constructing authority, 14
other than a purpose under-- 15
(a) the State Development and Public Works Organisation 16
Act 1971, if the taking of the land for the purpose is for 17
conferring rights or interests in the land taken on a 18
person other than the State, a local government, or a 19
local body as defined under that Act; or 20
(b) the Petroleum and Gas (Production and Safety) Act 21
2004. 22
`33C Effect of resumption 23
`If a lease or part of a lease is resumed under this part, the land 24
the subject of the interest comprising the lease or the part of 25
the lease becomes unallocated State land and is free of any 26
interest or obligation arising under the lease. 27
Page 109
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 5 Amendment of Local Government (Aboriginal Lands) Act 1978
[s 70]
`33D Service of order in council 1
`(1) The Minister must, immediately after the order in council is 2
gazetted, serve a copy of it on each person who has a 3
registered interest in the lease affected by the resumption. 4
`(2) However, failure to comply with subsection (1) does not affect 5
the validity of the order in council. 6
`33E Compensation under Acquisition Act 7
`(1) Each person who has a lawful interest in the lease or the part 8
of the lease that is resumed (a compensation claimant) has a 9
right to claim compensation, under the Acquisition Act, 10
section 12(5), (5A) and (5B) and part 4, as if the interest had 11
been taken under that Act. 12
`(2) For subsection (1), the Acquisition Act applies with the 13
following changes-- 14
(a) a reference to a constructing authority is a reference to 15
the State; 16
(b) a reference to the owner of land is a reference to the 17
lessee of the lease affected by the resumption; 18
(c) for section 24(2A) of the Act, a compensation claimant 19
refers the claim for compensation to the Land Court by 20
filing in the office of the registrar of the court-- 21
(i) a copy of the claim given by the claimant to the 22
State; and 23
(ii) a copy of the order in council that effected the 24
resumption; 25
(d) the reference in section 24(5) of the Act to the date of 26
the gazette containing the gazette resumption notice 27
taking the land is taken to be a reference to the date the 28
order in council was gazetted; 29
(e) any other necessary changes. 30
`(3) This section does not apply to a compensation claimant 31
entitled to claim compensation under section 33G. 32
Page 110
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 5 Amendment of Local Government (Aboriginal Lands) Act 1978
[s 70]
`33F Revoking a resumption 1
`(1) The resumption may be revoked by repealing the order in 2
council effecting the resumption. 3
`(2) The revocation may be made only before compensation has 4
been paid or decided by the Land Court under the Acquisition 5
Act as applied under section 33E. 6
`(3) On repeal of the order in council, the resumption is taken not 7
to have happened. 8
`33G Compensation by Minister if resumption is revoked 9
`(1) If the resumption is revoked-- 10
(a) a compensation claimant is entitled to apply to the 11
Minister for compensation only for the loss, reasonable 12
costs and expenses incurred by the claimant in relation 13
to the resumption before it was revoked; and 14
(b) the amount of compensation payable to the 15
compensation claimant is the amount decided by the 16
Minister that the Minister considers just and reasonable. 17
`(2) The Minister must give notice of the decision about payment 18
of compensation under this section to the compensation 19
claimant. 20
`(3) If the Minister has not decided an application for 21
compensation under this section within 28 days after 22
receiving the application, the Minister is taken to have decided 23
to refuse to pay any compensation. 24
`(4) If the Minister refuses to pay compensation or decides an 25
amount of compensation less than the amount sought by the 26
compensation claimant, the notice of the decision must 27
state-- 28
(a) the reasons for the decision; and 29
(b) that the compensation claimant may appeal to the Land 30
Court against the decision within 28 days of receiving 31
the notice; and 32
(c) how to appeal. 33
Page 111
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 5 Amendment of Local Government (Aboriginal Lands) Act 1978
[s 70]
`33H Appeal against decision under s 33G 1
`(1) A person the subject of a decision under section 33G about an 2
amount payable to the person may appeal to the Land Court 3
against the decision. 4
`(2) An appeal is started by filing written notice of appeal with the 5
registrar of the Land Court. 6
`(3) The person must give a copy of the notice of appeal to the 7
chief executive. 8
`(4) The notice of appeal must be filed within 28 days after the 9
person receives notice of the decision. 10
`(5) However, the Land Court may, at any time within the 28 days, 11
extend the period for making the appeal. 12
`(6) The appeal is by way of rehearing, unaffected by the decision, 13
on the material before the Minister and any further evidence 14
allowed by the Land Court. 15
`33I Powers of Land Court on appeal 16
`(1) In deciding the appeal, the Land Court has the same powers as 17
the Minister. 18
`(2) The Land Court may-- 19
(a) confirm the decision; or 20
(b) set aside the decision and substitute another decision; or 21
(c) set aside the decision and return the issue to the Minister 22
with directions the court considers appropriate. 23
`(3) If the Land Court substitutes another decision, the substituted 24
decision is, other than for the purpose of an appeal under this 25
part, taken to be the decision of the Minister.'. 26
Page 112
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 6 Amendment of Native Title (Queensland) Act 1993
[s 71]
Part 6 Amendment of Native Title 1
(Queensland) Act 1993 2
Clause 71 Act amended in pt 6 3
This part amends the Native Title (Queensland) Act 1993. 4
Clause 72 Amendment of s 144 (Declaration about compulsory 5
acquisitions) 6
(1) Section 144, heading-- 7
omit, insert-- 8
`144 Compulsory acquisition of native title'. 9
(2) Section 144(2)-- 10
renumber as section 144(4). 11
(3) Section 144(1)-- 12
omit, insert-- 13
`(1) The power of compulsory acquisition under a compulsory 14
acquisition Act includes power to compulsorily acquire, for 15
the purposes of the compulsory acquisition Act, native title 16
rights and interests in relation to any land or waters. 17
`(2) To remove any doubt, it is declared that native title rights and 18
interests in relation to any land may be acquired under a 19
compulsory acquisition Act even though the Act would not 20
otherwise apply to the land. 21
Example-- 22
Native title rights and interests in relation to unallocated State land 23
under the Land Act 1994 may be acquired under the Acquisition of Land 24
Act 1967 even though the Acquisition of Land Act 1967 would not 25
otherwise apply to the unallocated State land. 26
`(3) Subsection (2) does not limit subsection (1).'. 27
Page 113
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 73]
Part 7 Amendment of Torres Strait 1
Islander Land Act 1991 2
Clause 73 Act amended in pt 7 and schedule 3
This part and the schedule amend the Torres Strait Islander 4
Land Act 1991. 5
Clause 74 Amendment of s 3 (Definitions) 6
(1) Section 3-- 7
insert-- 8
`Acquisition Act means the Acquisition of Land Act 1967. 9
appropriate register means-- 10
(a) for freehold land--the freehold land register; or 11
(b) for other land--the appropriate register for the land 12
under the Land Act. 13
Commonwealth Native Title Act means the Native Title Act 14
1993 (Cwlth). 15
constructing authority means a constructing authority under 16
the Acquisition Act. 17
improvements see the Land Act, schedule 6. 18
Land Act means the Land Act 1994. 19
Land Title Act means the Land Title Act 1994. 20
lease does not include a residential tenancy agreement. 21
lease land, for a provision about a lease or proposed lease, 22
means the land subject to the lease or proposed lease. 23
maximum amount see section 37T. 24
National Native Title Register means the National Native 25
Title Register established and maintained under the 26
Commonwealth Native Title Act, part 8. 27
Page 114
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 74]
native title holder, in relation to land held, or to be held, by a 1
registered native title body corporate, means-- 2
(a) if a registered native title body corporate holds the 3
native title in relation to the land, or part of the land, on 4
trust--the persons on whose behalf the registered native 5
title body corporate holds the native title; or 6
(b) otherwise--the persons who hold the native title in 7
relation to the land or part of the land. 8
public infrastructure means infrastructure that is operated for 9
the general public. 10
registered means registered under the Land Act or the Land 11
Title Act. 12
registered native title body corporate means a prescribed 13
body corporate under the Commonwealth Native Title Act 14
whose name and address are registered on the National Native 15
Title Register under section 193(2)(e) or (4) of that Act. 16
registrar means-- 17
(a) for freehold land--the registrar of titles under the Land 18
Title Act; or 19
(b) for other land--the chief executive of the department in 20
which the Land Act is administered. 21
relevant land, for part 2, division 3A, see section 13A. 22
residential tenancy agreement means a residential tenancy 23
agreement under the Residential Tenancies Act 1994. 24
Torres Strait Islander trust land see section 80D. 25
trustee, of Torres Strait Islander trust land, see section 80D. 26
trustee (Torres Strait Islander) lease, for part 5B, see section 27
80D.'. 28
(2) Section 3, definition registrar of titles, `Land Act 1994'-- 29
omit, insert-- 30
`Land Act'. 31
Page 115
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 75]
Clause 75 Amendment of s 9 (Meaning of Torres Strait Islander 1
land) 2
Section 9(1)(a), `for the benefit of Torres Strait Islanders'-- 3
omit. 4
Clause 76 Amendment of s 10 (Meaning of transferable and 5
transferred land) 6
Section 10, `for the benefit of Torres Strait Islanders'-- 7
omit. 8
Clause 77 Amendment of s 11 (Lands that are transferable lands) 9
Section 11-- 10
insert-- 11
`(2) However, land mentioned in subsection (1)-- 12
(a) ceases to be transferable land if it is taken under the 13
Acquisition Act by a constructing authority; and 14
(b) if the land is Torres Strait Islander trust land--is not 15
transferable land if it is subject to a lease for more than 16
30 years granted under this Act for a commercial 17
purpose; and 18
(c) is not transferable land if it is the subject of a declaration 19
in force under section 13B.'. 20
Clause 78 Insertion of new pt 2, div 3A 21
Part 2, after section 13-- 22
insert-- 23
`Division 3A Declarations about particular 24
transferable land 25
Page 116
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 78]
`13A Definition for div 3A 1
In this division-- 2
`relevant land means the following land, or a part of the 3
land-- 4
(a) DOGIT land; 5
(b) Torres Strait Islander reserve land, other than land 6
declared under a regulation for section 13. 7
`13B Particular land may be declared to be not 8
transferable land 9
`(1) The Minister may, by gazette notice, make a declaration under 10
this division that relevant land is not transferable land if the 11
Minister is satisfied that-- 12
(a) housing or essential or other infrastructure is situated on 13
the land; or 14
(b) the land is being used as a town site or part of a town site 15
by Torres Strait Islanders on the land; or 16
(c) the land is being used as if it were a road; or 17
(d) having regard to the nature or use of the land, it is not 18
appropriate or practicable in the circumstances for the 19
land to be granted in fee simple under this Act. 20
`(2) In considering whether to make a declaration under 21
subsection (1)(d), the Minister may have regard to matters 22
relating to the nature or use of the relevant land the Minister 23
considers appropriate, including, for example-- 24
(a) whether the land is likely to be used as a town site or 25
part of a town site by Torres Strait Islanders on the land; 26
and 27
(b) whether the land is in a condition suitable to be granted 28
under this Act. 29
`(3) The Minister must not make a declaration under subsection 30
(1)(d) before-- 31
Page 117
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 78]
(a) if no appeal is made under this division against the 1
decision to make the declaration--the period for making 2
an appeal ends; or 3
(b) if an appeal is made under this division against the 4
decision to make the declaration--the day the appeal is 5
finally decided. 6
`13C Notice of intention to make declaration 7
`(1) If the Minister intends to make a declaration under section 8
13B, the Minister must-- 9
(a) give written notice of the Minister's intention to make 10
the declaration to the trustee of the relevant land; and 11
(b) within 10 business days after giving the notice under 12
paragraph (a), publish notice of the Minister's intention 13
to make the declaration in a newspaper or other 14
publication circulating generally in the area where the 15
relevant land is situated; and 16
(c) consider all representations made under subsection (4). 17
`(2) The notice must-- 18
(a) include a description of the relevant land; and 19
(b) state the following-- 20
(i) the reasons for the proposed declaration; 21
(ii) that a person may make written representations to 22
the Minister about the proposed declaration; 23
(iii) the place where the representations may be made; 24
(iv) the period in which the representations must be 25
made. 26
`(3) The stated period must end at least 28 days after the notice is 27
published. 28
`(4) A person may make written representations about the 29
proposed declaration to the Minister within the stated period. 30
Page 118
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 78]
`13D Minister to consider representations and give notice 1
of decision 2
`(1) After considering all representations made under section 3
13C(4) about the proposed declaration, the Minister must-- 4
(a) decide whether to make the declaration; and 5
(b) give written notice of the decision to-- 6
(i) each person who made the representations; and 7
(ii) the trustee of the relevant land, if the trustee did not 8
make any representations. 9
`(2) If the Minister decides to make the declaration, the notice 10
must state-- 11
(a) the provision under which the declaration is to be made; 12
and 13
(b) the reasons for the decision; and 14
(c) if the Minister is to make the declaration under section 15
13B(1)(d)--that the person may appeal against the 16
decision to the Land Court and how to appeal. 17
`13E Appeal against particular decision 18
`(1) If the Minister proposes to make the declaration under section 19
13B(1)(d), a person who made representations to the Minister 20
under this division about the proposed declaration may appeal 21
to the Land Court against the decision. 22
`(2) An appeal is started by filing written notice of appeal with the 23
registrar of the Land Court. 24
`(3) The notice of appeal must be filed within 28 days after the 25
person receives notice of the decision. 26
`(4) However, the Land Court may, at any time within the 28 days, 27
extend the period for making the appeal. 28
`(5) The appeal is by way of rehearing, unaffected by the decision, 29
on the material before the Minister and any further evidence 30
allowed by the Land Court. 31
Page 119
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 78]
`13F Powers of Land Court on appeal 1
`(1) In deciding the appeal, the Land Court has the same powers as 2
the Minister. 3
`(2) The Land Court may-- 4
(a) confirm the decision; or 5
(b) set aside the decision and substitute another decision; or 6
(c) set aside the decision and return the issue to the Minister 7
with directions the court considers appropriate. 8
`(3) If the Land Court substitutes another decision, the substituted 9
decision is, other than for the purpose of an appeal under this 10
division, taken to be the decision of the Minister. 11
`13G Notice about declarations--trustee 12
`As soon as practicable after a declaration that relevant land is 13
not transferable land is made, the chief executive must give 14
the trustee of the land written notice of the declaration. 15
`13H Notice about declarations--registrar 16
`(1) As soon as practicable after a declaration that relevant land is 17
not transferable land is made, the chief executive must give 18
the registrar written notice of the declaration. 19
`(2) The notice must include particulars of the land the subject of 20
the declaration. 21
`(3) The registrar must keep records that show the land is not 22
transferable land. 23
`(4) The registrar must keep the records in a way that a search of 24
the appropriate register kept by the registrar will show the 25
land is not transferable land. 26
`(5) As soon as practicable after a declaration is repealed-- 27
(a) the chief executive must give the registrar written notice 28
of the fact; and 29
Page 120
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 79]
(b) the registrar must amend the registrar's records to show 1
the land the subject of the repealed declaration is 2
transferable land. 3
`13I Requirements about plans of subdivision for 4
declarations under s 13B 5
`(1) This section applies if-- 6
(a) under section 13B, the Minister declares land is not 7
transferable land; and 8
(b) a plan of subdivision is lodged for the land under the 9
Land Title Act or Land Act for the purpose of 10
identifying the land; and 11
(c) the plan of subdivision has been consented to by the 12
Minister. 13
`(2) The registrar must register the plan of subdivision without the 14
consent of anyone whose consent would otherwise have been 15
required under the relevant section if the plan otherwise 16
complies with the relevant section. 17
`(3) In this section-- 18
relevant section means-- 19
(a) for freehold land--the Land Title Act, section 50; or 20
(b) for other land--the Land Act, section 290J.'. 21
Clause 79 Amendment of s 25 (Deeds of grant to be prepared) 22
(1) Section 25(3)-- 23
omit, insert-- 24
`(3) The deed of grant must show that the land is held by the 25
grantees-- 26
(a) if the grantee is a registered native title body 27
corporate--for the native title holders of the land; or 28
(b) otherwise--for the benefit of Torres Strait Islanders and 29
their ancestors and descendants. 30
Page 121
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 80]
`(3A) If the grantee is a registered native title body corporate, the 1
deed of grant also must include information to identify the 2
native title holders of the land.'. 3
(2) Section 25(5), `(3) and (4)'-- 4
omit, insert-- 5
`(3), (3A) and (4)'. 6
Clause 80 Insertion of new s 25A 7
After section 25-- 8
insert-- 9
`25A Appointment of registered native title body corporate 10
as grantee 11
`(1) This section applies to transferable land if-- 12
(a) under the Commonwealth Native Title Act, a 13
determination has been made that native title exists in 14
relation to all or a part of the land; and 15
(b) there is a registered native title body corporate for the 16
determination. 17
`(2) The Minister may, with the consent of the registered native 18
title body corporate, appoint the body corporate to be the 19
grantee of the land under a deed of grant prepared under 20
section 25. 21
`(3) If the Minister appoints the registered native title body 22
corporate to be the grantee of the land, the body corporate 23
holds the land for the native title holders of the land the 24
subject of the determination mentioned in subsection (1)(a). 25
`(4) In considering whether to appoint a registered native title 26
body corporate under this section, the Minister may have 27
regard to any matter the Minister considers relevant to the 28
proposed appointment, including, for example-- 29
(a) whether the making of the proposed appointment was a 30
matter relevant to the native title claim under the 31
Commonwealth Native Title Act that resulted in the 32
Page 122
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 81]
determination that native title existed in relation to all or 1
a part of the land; and 2
(b) whether any Torres Strait Islanders particularly 3
concerned with the land, other than the native title 4
holders of the land, may be adversely affected by the 5
proposed appointment; and 6
(c) if the Minister is satisfied Torres Strait Islanders 7
particularly concerned with the land will be adversely 8
affected by the proposed appointment--any action the 9
registered native title body corporate intends to take to 10
address the concerns of the Torres Strait Islanders. 11
`(5) If land is granted to a registered native title body corporate, a 12
provision of this Act about the incorporation of grantees as a 13
land trust on the grant of land does not apply in relation to the 14
registered native title body corporate.'. 15
Clause 81 Amendment of s 26 (Minister to appoint trustees) 16
(1) Section 26, heading, `trustees'-- 17
omit, insert-- 18
`particular trustees'. 19
(2) Section 26, before subsection (1)-- 20
insert-- 21
`(1A) This section applies if the Minister does not appoint, under 22
section 25A, a registered native title body corporate as the 23
grantee of land the subject of a deed of grant prepared under 24
section 25.'. 25
(3) Section 26(1), `the subject of each deed of grant prepared 26
under section 25'-- 27
omit. 28
(4) Section 26(6)-- 29
omit. 30
Page 123
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 82]
Clause 82 Insertion of new s 26A 1
After section 26-- 2
insert-- 3
`26A Application of Trusts Act 1973 4
`(1) The Trusts Act 1973 applies to trusts created for the purposes 5
of this division, and to the trustees of the trusts, only to the 6
extent prescribed under a regulation. 7
`(2) To the extent that the Trusts Act 1973 does apply under a 8
regulation for subsection (1), it applies with the changes 9
prescribed under the regulation. 10
`(3) A provision of a regulation for subsection (1) does not apply 11
to a grantee that is a registered native title body corporate 12
unless the provision expressly states that it applies to a trustee 13
that is a registered native title body corporate.'. 14
Clause 83 Amendment of s 27 (Minister to act as soon as possible) 15
Section 27(2), `section 26'-- 16
omit, insert-- 17
`section 25A or 26'. 18
Clause 84 Amendment of s 29 (Inclusion of additional areas in deed 19
of grant) 20
Section 29-- 21
insert-- 22
`(2) Despite subsection (1), an additional area of transferable land 23
may not be included in a deed of grant for Torres Strait 24
Islander land held by a registered native title body corporate.'. 25
Clause 85 Replacement of ss 36 and 37 26
Sections 36 and 37-- 27
omit, insert-- 28
Page 124
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 85]
`Subdivision 1 General 1
`36 Power to deal with transferred land 2
`Subject to this division, the grantees of transferred land 3
may-- 4
(a) grant, transfer or otherwise create an interest in the land 5
in the way the grantees consider appropriate, including, 6
for example, by-- 7
(i) granting a lease or licence over all or a part of the 8
land; or 9
(ii) consenting to the creation of a mining interest in 10
the land; or 11
(iii) granting an easement over the land; or 12
(iv) entering into a conservation agreement under the 13
Nature Conservation Act 1992, section 45, in 14
relation to the land; or 15
(v) entering into an agreement with the State or the 16
Commonwealth in relation to the getting and sale 17
of forest products or quarry material above, on or 18
below the land; or 19
(b) dedicate a part of the land to public use by registering a 20
plan of subdivision under the Land Title Act, part 4, 21
division 3; or 22
(c) surrender all or a part of the land to the State. 23
`37 Requirement for consultation 24
`(1) The grantees of transferred land must not deal with the land 25
unless-- 26
(a) the grantees have explained to the Torres Strait Islanders 27
particularly concerned with the land the nature, purpose 28
and effect of the dealing; and 29
Page 125
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 85]
(b) the Torres Strait Islanders are given a suitable 1
opportunity to express their views on, and are generally 2
in agreement with, the dealing. 3
`(2) Despite section 37ZD, dealing with land in contravention of 4
subsection (1) is not void under that section. 5
`(3) In this section-- 6
deal, with land, means-- 7
(a) grant a lease, other than under section 37D(1)(a) for 8
private residential purposes, for more than 10 years over 9
the land; or 10
(b) grant a licence for the use of the land for more than 10 11
years; or 12
(c) grant or otherwise create an interest in the land that is 13
not a lease or a licence for the use of the land; or 14
(d) dedicate a part of the land to public use; or 15
(e) surrender any of the land to the State. 16
grantee, of transferred land, does not include a registered 17
native title body corporate. 18
`37A Provision about Minister's consent 19
`(1) This section applies if the Minister's prior written consent is 20
required for the grant of a lease or licence by the grantees of 21
transferred land, or for the creation of an interest under a lease 22
or licence. 23
`(2) The Minister's consent may be given for-- 24
(a) the grant of a particular lease or licence, or a particular 25
type of lease or licence; or 26
(b) the creation of a particular interest under a lease or 27
licence, or a particular type of interest; or 28
(c) if the Minister considers it appropriate-- 29
Page 126
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 85]
(i) all leases or licences, or all leases or licences of a 1
particular type, that may be granted by the trustee; 2
or 3
(ii) the creation of all interests, or all interests of a 4
particular type, that may be created under a lease 5
or licence. 6
`37B Provision about particular leases 7
`For the purposes of section 37 and subdivision 3, a lease 8
granted for an initial term of not more than 10 years, or for at 9
least 10 but not more than 30 years, is taken to be a lease for 10
more than 10 years or more than 30 years if the lease includes 11
an option to renew or extend the lease that, if exercised, would 12
extend the term of the lease for more than 10 years or more 13
than 30 years. 14
`Subdivision 2 Sale or mortgage prohibited 15
`37C Prohibition on sale or mortgage of transferred land 16
`The grantees of transferred land must not sell or mortgage the 17
land. 18
`Subdivision 3 Grant of leases 19
`37D Grant of lease for transferred land 20
`(1) The grantees of transferred land may grant a lease over all or a 21
part of the land only-- 22
(a) to a Torres Strait Islander for not more than 99 years; or 23
(b) to the State for not more than 99 years; or 24
(c) to another person-- 25
(i) for not more than 10 years; or 26
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(ii) with the Minister's prior written consent, for more 1
than 10 years but not more than 99 years. 2
`(2) Despite subsection (1)(a)-- 3
(a) a person who is not a Torres Strait Islander may be a 4
party to a lease granted under the subsection if-- 5
(i) the lease is for private residential purposes; and 6
(ii) the person is the spouse of a Torres Strait Islander; 7
and 8
(b) a lease may be granted under the subsection for private 9
residential purposes to a person who is not a Torres 10
Strait Islander if the person is the spouse, or former 11
spouse, of a Torres Strait Islander or of a Torres Strait 12
Islander who is deceased. 13
`(3) Despite subsection (1)(c)(ii), a lease may be granted under the 14
subsection without the Minister's consent if the lease is-- 15
(a) for a commercial purpose and for not more than 30 16
years; or 17
(b) for a private residential purpose to support a lease for a 18
commercial purpose. 19
`37E Particular restrictions on grant of leases 20
`(1) A lease for more than 30 years may be granted under section 21
37D(1)(a) only-- 22
(a) for private residential purposes; or 23
(b) with the Minister's prior written consent, for another 24
purpose if, having regard to the nature of the lease, the 25
Minister is satisfied the grant of the lease is for the 26
benefit of persons for whom the grantees hold the land. 27
Examples of another purpose for paragraph (b)-- 28
a commercial purpose or providing public infrastructure 29
`(2) A lease for more than 30 years may be granted under section 30
37D(1)(b) only-- 31
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(a) for a following purpose-- 1
(i) a purpose under the Housing Act 2003; 2
(ii) providing public infrastructure; 3
(iii) providing residential accommodation for public 4
service employees; or 5
(b) with the Minister's prior written consent, for another 6
purpose if, having regard to the nature of the lease, the 7
Minister is satisfied the grant of the lease is for the 8
benefit of persons for whom the grantees hold the land. 9
Example of another purpose for paragraph (b)-- 10
a commercial purpose 11
`(3) A lease may be granted under section 37D(1)(c) for a private 12
residential purpose only if the lease is to support a lease 13
granted under that section for a commercial purpose. 14
`(4) If the Minister's consent is required for the grant of a lease 15
under section 37D(1)(c)(ii), the Minister may give consent 16
only if the Minister is satisfied that, having regard to the 17
nature of the lease, the grant of the lease is for the benefit of 18
persons for whom the grantees hold the land. 19
`(5) The Minister may consent to the grant of a lease for more than 20
30 years for a commercial purpose only if the lease is granted 21
over an entire lot as shown in the appropriate register. 22
`37F Requirements for Minister's consent--general 23
`(1) A person seeking the Minister's consent to the grant of a lease 24
must give the Minister the information or documents 25
reasonably required by the Minister to show-- 26
(a) the purpose of the lease; and 27
(b) that the grant of the lease is for the benefit of persons for 28
whom the grantees hold the land; and 29
(c) if the lease is for more than 30 years--that the grant of 30
the lease for more than 30 years is appropriate in the 31
circumstances. 32
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`(2) Also, a person seeking the Minister's consent to the grant of a 1
lease for more than 30 years for a commercial purpose must 2
give the Minister-- 3
(a) a business plan outlining the details of the commercial 4
purpose of the lease, including, for example, financial 5
details about any proposed development under the lease; 6
and 7
(b) evidence to show that an appropriate return on the 8
investment for the commercial purpose can not be 9
obtained under a lease for not more than 30 years; and 10
(c) other information or documents reasonably required by 11
the Minister to show the purpose of the lease. 12
`(3) In considering whether to give consent to the grant of a lease, 13
the Minister-- 14
(a) must have regard to the information or documents given 15
to the Minister under subsection (1) or (2); and 16
(b) may have regard to other information the Minister 17
considers relevant to the proposed lease. 18
`(4) Before giving consent to the grant of a lease for more than 30 19
years, the Minister must be satisfied-- 20
(a) the grantees have complied with section 37(1)(a) in 21
relation to the lease; and 22
(b) the Torres Strait Islanders particularly concerned with 23
the lease land are generally in agreement with the grant 24
of the lease. 25
`37G Particular requirement for Minister's consent for 26
lease for commercial purpose 27
`(1) Before the Minister consents to the grant of a lease for more 28
than 30 years for a commercial purpose, the Minister must-- 29
(a) obtain an independent assessment of-- 30
(i) the business plan and evidence given to the 31
Minister under section 37F(2)(a) and (b); and 32
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(ii) the proposed lessee's financial and managerial 1
capabilities; and 2
(b) be satisfied, having regard to the independent 3
assessment, that-- 4
(i) any proposed development will be commercially 5
viable; and 6
(ii) the evidence given under section 37F(2)(b) 7
satisfactorily shows that an appropriate return on 8
the investment for the purpose of the lease can not 9
be obtained under a lease for not more than 30 10
years; and 11
(iii) the proposed lessee's financial and managerial 12
capabilities are appropriate for carrying out any 13
proposed development under the lease. 14
`(2) The proposed lessee must pay the cost of the assessment. 15
`(3) The cost is not refundable. 16
`37H Conditions of leases--general 17
`(1) A lease granted under this subdivision is subject to a condition 18
that an interest, other than a mortgage of the lease, for a term 19
of more than 10 years may be created under the lease only 20
with the Minister's prior written consent. 21
`(2) Despite subsection (1)-- 22
(a) an interest under a lease granted under section 23
37D(1)(a) may be created without the Minister's prior 24
written consent if the interest is in favour of-- 25
(i) a Torres Strait Islander; or 26
(ii) another person who is not a Torres Strait Islander if 27
the person is the spouse, or former spouse, of a 28
Torres Strait Islander or of a Torres Strait Islander 29
who is deceased; and 30
(b) an interest under another lease may be created without 31
the Minister's prior written consent if under this 32
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subdivision the grant of the lease did not require the 1
consent of the Minister. 2
`(3) A lease granted under this subdivision may include a 3
condition that-- 4
(a) a stated standard terms document under the Land Title 5
Act forms part of the lease; or 6
(b) the lease must not be transferred without the grantees' 7
prior written consent; or 8
(c) an interest under the lease, other than a mortgage of the 9
lease, must not be created without the grantees' prior 10
written consent. 11
`(4) If a lease includes a condition mentioned in subsection (3)(b) 12
or (c), the grantees must not unreasonably withhold consent to 13
the transfer or creation of an interest under the lease. 14
`(5) A lease granted under this subdivision may be mortgaged 15
without the consent of the Minister or the grantees. 16
`(6) Subject to subsection (5), this section does not limit the 17
conditions that may be imposed on a lease. 18
`37I Requirement for Minister's consent for creation of 19
interest under a lease 20
`(1) This section applies if, under this subdivision, an interest 21
under a lease may be created only with the Minister's written 22
consent. 23
`(2) The Minister may consent to the creation of the interest only 24
if-- 25
(a) having regard to the nature of the interest, the Minister is 26
satisfied the creation of the interest is for the benefit of 27
persons for whom the grantees hold the lease land; and 28
(b) if the lease is for more than 30 years-- 29
(i) the interest is consistent with the purpose for which 30
the lease was granted; or 31
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(ii) the interest would not diminish the purpose for 1
which the lease was granted. 2
`(3) A person seeking the Minister's consent must give the 3
Minister the information or documents relevant to the 4
proposed interest reasonably required by the Minister, 5
including, for example, information or documents to show 6
that the creation of the interest is for the benefit of persons for 7
whom the grantees hold the lease land. 8
`37J Leases for private residential purposes--general 9
conditions and requirements 10
`(1) A lease granted under this subdivision for private residential 11
purposes is subject to all of the following conditions-- 12
(a) if the lease is granted under section 37D(1)(a)-- 13
(i) it must be for 99 years; and 14
(ii) the annual rental under the lease is the amount, of 15
not more than $1, decided by the grantees of the 16
lease land; and 17
(iii) the consideration payable for the lease must 18
include, as a lump sum payment, an amount equal 19
to the value of the lease land as decided by the 20
grantees using-- 21
(A) a valuation methodology decided by the 22
chief executive; and 23
(B) the benchmark purchase price, as prescribed 24
under a regulation, for land in the part of the 25
State in which the lease land is situated; 26
(b) if a private residential premises is not situated on the 27
lease land--the lessee must ensure a private residential 28
premises is built on the land within 8 years after the 29
lease is granted; 30
(c) an interest may be created under the lease only if the 31
interest is a residential tenancy agreement or a mortgage 32
of the lease. 33
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`(2) The grantees may grant a lease for private residential purposes 1
only if the amount mentioned in subsection (1)(a)(iii) has 2
been paid to the grantees. 3
`(3) The chief executive-- 4
(a) must, if requested, give a person a copy of the valuation 5
methodology mentioned in subsection (1)(a)(iii); and 6
(b) may make the valuation methodology available for 7
inspection on the department's website. 8
`37K Leases for private residential purposes--particular 9
requirements if dwelling situated on land 10
`(1) This section applies if-- 11
(a) the grantees propose to grant a lease for private 12
residential purposes; and 13
(b) a dwelling is situated on the land the subject of the 14
proposed lease. 15
`(2) The grantees must give the housing chief executive written 16
notice of the grantees' intention to grant the lease. 17
`(3) Within 28 days after receiving the notice, the housing chief 18
executive must give the grantees a written notice stating 19
whether the housing chief executive considers the dwelling 20
has been used to provide subsidised housing for residential 21
use. 22
`(4) The grantees must not grant the lease before receiving the 23
housing chief executive's notice under subsection (3). 24
`(5) Subsections (6) to (10) apply if the notice states the housing 25
chief executive considers the dwelling has been used to 26
provide subsidised housing for residential use. 27
`(6) The grantees must, before the lease is granted, decide the 28
value of the dwelling by using a valuation methodology 29
agreed between the grantees and the housing chief executive. 30
`(7) The consideration payable for the lease must include, as a 31
lump sum payment, an amount equal to the value of the 32
dwelling decided under subsection (6). 33
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`(8) The grantees may grant the lease only-- 1
(a) with the written approval of the housing chief executive; 2
and 3
(b) if the amount mentioned in subsection (7) has been paid 4
to the grantees. 5
`(9) In considering whether to give an approval, the housing chief 6
executive must have regard to whether it would be more 7
appropriate in the circumstances for the dwelling to continue 8
to be used to provide subsidised housing for residential use. 9
`(10) If the grantees grant the lease, the grantees must, within 28 10
days after the lease is registered, give the housing chief 11
executive-- 12
(a) a written notice stating-- 13
(i) the day the lease was registered; and 14
(ii) the names of the parties to the lease; and 15
(b) evidence showing the amount mentioned in subsection 16
(7) for the dwelling was paid to the grantees; and 17
(c) evidence showing the amount decided by the grantees 18
under section 37J(1)(a)(iii) for the lease land was paid to 19
the trustee. 20
Note-- 21
The amount mentioned in subsection (7) must be used by the grantees as 22
required under section 133A. 23
`(11) This section does not limit section 37J. 24
`(12) In this section-- 25
housing chief executive means the chief executive of the 26
department in which the Housing Act 2003 is administered. 27
`37L Renewal of lease or sublease 28
`(1) A lease or a sublease of a lease may include an option to 29
renew the lease or sublease. 30
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`(2) The term of a renewed lease or sublease must not be more 1
than the initial term of the lease or sublease. 2
`37M Transfer or amendment of lease or sublease 3
`(1) A lease or a sublease of a lease must not be transferred or 4
amended without-- 5
(a) if, under a condition of the lease, the transfer or 6
amendment of the lease or sublease requires the consent 7
of the grantees of the lease land--the grantees' prior 8
written consent; and 9
(b) if, under this subdivision, the grant of the lease or 10
sublease requires the consent of the Minister--the 11
Minister's prior written consent. 12
`(2) A person seeking the Minister's consent to the transfer or 13
amendment of a lease or sublease must give the Minister the 14
information or documents relevant to the proposed transfer or 15
amendment reasonably required by the Minister. 16
`(3) In considering whether to consent to the transfer of a lease or 17
sublease, the Minister must consider whether the proposed 18
transferee can comply with the conditions of the lease. 19
`(4) The Minister may consent to the amendment of a lease or 20
sublease only if the Minister is satisfied-- 21
(a) the amendment does not significantly change the 22
conditions of the lease or sublease; and 23
(b) the amended lease or sublease is for the benefit of 24
persons for whom the grantees hold the land. 25
`(5) Before the Minister consents to the transfer of a lease for more 26
than 30 years for a commercial purpose, the Minister must-- 27
(a) obtain an independent assessment of the proposed 28
transferee's financial and managerial capabilities; and 29
(b) be satisfied, having regard to the independent 30
assessment, that the proposed transferee's financial and 31
managerial capabilities are appropriate for complying 32
with the conditions of the lease. 33
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`(6) The proposed transferee must pay the cost of the assessment. 1
`(7) The cost is not refundable. 2
`(8) A lease or sublease of a lease must not be transferred to a 3
person who, under this Act, would not be entitled to a grant of 4
the lease. 5
`37N Lease, sublease and transfer, amendment or 6
surrender of lease or sublease to be registered 7
`(1) All leases, and any sublease of a lease or transfer, amendment 8
or surrender of a lease or sublease, must be registered. 9
`(2) Despite the Land Title Act, section 65(2) an instrument of 10
lease for transferred land must include a plan of survey 11
identifying the lease land. 12
`Subdivision 4 Forfeiture of particular leases 13
`37O Application of sdiv 4 14
`This subdivision applies to a lease granted under section 15
37D(1)(a) for private residential purposes. 16
`37P Grounds for forfeiture of lease 17
`(1) The lease may be forfeited only if-- 18
(a) the lessee breaches a relevant condition of the lease and 19
fails to remedy the breach within 6 months after 20
receiving written notice of the breach from the grantees 21
of the lease land; or 22
(b) the lessee acquired the lease by fraud. 23
`(2) In this section-- 24
relevant condition, of a lease, means-- 25
(a) a condition of the lease mentioned in section 37J(1)(b); 26
or 27
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(b) another condition, if the grantees reasonably consider a 1
breach of the condition is of a serious nature and 2
warrants forfeiture of the lease. 3
`37Q Application to Land Court for forfeiture 4
`(1) Before the lease is forfeited, the grantees must refer the matter 5
to the Land Court to decide whether the lease may be 6
forfeited. 7
`(2) The grantees must give the lessee, and any mortgagee of the 8
lease, at least 28 days written notice of the grantee's intention 9
to refer the matter to the Land Court. 10
`(3) The notice must state the grounds on which the grantees 11
consider the lease may be forfeited. 12
`(4) In deciding whether the lease may be forfeited, the Land 13
Court must have regard to-- 14
(a) the stated grounds; and 15
(b) if the lease is proposed to be forfeited because of a 16
breach of a condition of the lease--whether the court 17
considers the breach is of a serious nature and warrants 18
forfeiture of the lease. 19
`(5) The grantees must file a copy of the notice in the Land Court 20
at the same time as the grantees refer the matter to the court. 21
`37R Grantees' options if Land Court decides lease may 22
be forfeited 23
`If the Land Court decides the lease may be forfeited, the 24
grantees may-- 25
(a) forfeit the lease under this subdivision; or 26
(b) if the proposed forfeiture is because of a breach of a 27
condition of the lease--decide not to forfeit the lease, 28
but instead to allow the lease to continue subject to the 29
lease being amended to include conditions agreed 30
between the grantees and the lessee. 31
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`37S Notice and effect of forfeiture 1
`(1) If the grantees forfeit the lease, the grantees must, within 60 2
days after receiving notice of the Land Court's decision about 3
forfeiture of the lease, give written notice that the lease is 4
forfeited to-- 5
(a) the lessee and any mortgagee of the lease; and 6
(b) the registrar. 7
`(2) On receiving the notice, the registrar must record the 8
forfeiture of the lease in the appropriate register. 9
`(3) The forfeiture of the lease takes effect on the day the registrar 10
acts under subsection (2). 11
`(4) On forfeiture of the lease-- 12
(a) the lease ends; and 13
(b) the lessee is divested of any interest in the lease; and 14
(c) any person occupying the lease land must immediately 15
vacate the land. 16
`37T Payment by grantees for forfeited lease 17
`(1) If the grantees forfeit the lease, the grantees must pay to the 18
person who was the lessee the amount equal to the value of 19
the lease land, and any lawful improvements on the land, on 20
the day the lease is forfeited (the maximum amount) less any 21
amounts deducted from the maximum amount under section 22
37V. 23
`(2) The value of the lease land is the amount as decided by the 24
grantees using a valuation methodology mentioned in section 25
37J(1)(a)(iii). 26
`(3) The value of any lawful improvements on the lease land must 27
be assessed as the market value of the improvements in a sale 28
of a lease, of the same term and tenure as the forfeited lease. 29
`(4) Subject to subsections (2) and (3), the grantees must decide 30
the amount payable to the person. 31
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`(5) The grantees must decide the amount payable as soon as 1
practicable after giving the person notice that the lease is 2
forfeited. 3
`(6) On deciding the amount payable, the grantees must give the 4
person written notice of the decision. 5
`(7) The notice must state-- 6
(a) the amount; and 7
(b) that the person may appeal against the decision and how 8
the person may appeal. 9
`(8) This section is subject to section 37U. 10
`37U Unclaimed amounts 11
`If the grantees can not find the person entitled to receive the 12
amount payable under section 37T, or the person does not 13
collect the amount from the grantees within 9 years after the 14
day the lease is forfeited, the amount is forfeited to the 15
grantees. 16
`37V Amounts owing to grantees or mortgagee to be 17
deducted 18
`If the grantees forfeit the lease, the grantees may deduct the 19
following amounts from the maximum amount-- 20
(a) an amount in payment of all costs properly incurred by 21
the grantees in forfeiting the lease; 22
(b) an amount in payment of expenses incurred by the 23
grantees to rectify damage caused to the lease land by 24
the person who was the lessee; 25
(c) any amount owing to the grantees by the person under 26
the lease; 27
(d) any amount owing to a mortgagee of the lease by the 28
person under a mortgage of the lease. 29
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`37W Payment of amount to mortgagee in discharge of 1
mortgage 2
`(1) This section applies if the grantees forfeit the lease and, under 3
a mortgage of the lease, an amount is owing to a mortgagee of 4
the lease by the person who was the lessee. 5
`(2) The grantees must pay to the mortgagee-- 6
(a) if the amount that may be deducted from the maximum 7
amount under section 37V(d) is less than the difference 8
between the maximum amount and the amounts 9
deducted under section 37V(a), (b) or (c)--the amount 10
that may be deducted from the maximum amount under 11
section 37V(d); or 12
(b) otherwise--the amount equal to the difference between 13
the maximum amount and the amounts deducted under 14
section 37V(a), (b) or (c). 15
`(3) The grantees must pay the amount payable under subsection 16
(2) to the mortgagee-- 17
(a) if no appeal is made under this subdivision against the 18
decision under section 37T about the amount payable to 19
the person who was the lessee--within 28 days after the 20
time for making an appeal ends; or 21
(b) if an appeal is made under this subdivision against the 22
decision mentioned in paragraph (a)--within 28 days 23
after the appeal is finally decided. 24
`(4) If the grantees pay an amount to the mortgagee in relation to a 25
mortgage of the lease, the mortgagee must use the amount in 26
discharge of the mortgage. 27
`37X Appeal against decision under s 37T 28
`(1) A person the subject of a decision under section 37T about an 29
amount payable to the person may appeal to the Land Court 30
against the decision. 31
`(2) An appeal is started by filing written notice of appeal with the 32
registrar of the Land Court. 33
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`(3) The person must give a copy of the notice of appeal to the 1
grantees of the lease land to which the decision relates. 2
`(4) The notice of appeal must be filed within 28 days after the 3
person receives notice of the decision. 4
`(5) However, the Land Court may, at any time within the 28 days, 5
extend the period for making the appeal. 6
`(6) The appeal is by way of rehearing, unaffected by the decision, 7
on the material before the grantees and any further evidence 8
allowed by the Land Court. 9
`37Y Powers of Land Court on appeal 10
`(1) In deciding the appeal, the Land Court has the same powers as 11
the grantees of the lease land. 12
`(2) The Land Court may-- 13
(a) confirm the decision; or 14
(b) set aside the decision and substitute another decision; or 15
(c) set aside the decision and return the issue to the grantees 16
with directions the court considers appropriate. 17
`(3) If the Land Court substitutes another decision, the substituted 18
decision is, other than for the purpose of an appeal under this 19
subdivision, taken to be the decision of the grantees of the 20
lease land. 21
`Subdivision 5 Grant of licences 22
`37Z Grant of licence for transferred land 23
`The grantees of transferred land may grant a licence for the 24
use of all or a part of the land only-- 25
(a) to a Torres Strait Islander for not more than 30 years; or 26
(b) to the State for not more than 30 years; or 27
(c) to another person-- 28
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(i) for not more than 10 years; or 1
(ii) with the Minister's prior written consent, for more 2
than 10 years but not more than 30 years. 3
`37ZA Conditions of licences 4
`(1) A licence granted under section 37Z(a) is subject to the 5
condition that an interest may be created under the licence in 6
favour of a person who is not a Torres Strait Islander only if-- 7
(a) the interest is in favour of the spouse, or former spouse, 8
of a Torres Strait Islander or of a Torres Strait Islander 9
who is deceased; or 10
(b) the interest is-- 11
(i) for a term of not more than 10 years; or 12
(ii) created with the Minister's prior written consent. 13
`(2) A licence granted under section 37Z(b) or (c) is subject to the 14
condition that an interest can not be created under the licence. 15
`(3) A licence for the use of all or a part of transferred land can not 16
be renewed or transferred. 17
`Subdivision 6 Transfer of land held by registered 18
native title body corporate 19
`37ZB Transfer of transferred land held by registered 20
native title body corporate 21
`(1) This section applies to transferred land held by a registered 22
native title body corporate (the original body corporate). 23
`(2) The land may be transferred only-- 24
(a) with the Minister's prior written approval; and 25
(b) to a registered native title body corporate that, under the 26
Commonwealth Native Title Act, has replaced the 27
original body corporate.'. 28
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`Subdivision 7 Other matters 1
`37ZC Grantees to advise chief executive of change to 2
description of land 3
`If grantees deal with transferred land held by the grantees in a 4
way that changes the description of the land as shown in the 5
freehold land register, the grantees must as soon as practicable 6
after the dealing happens give the chief executive written 7
notice of the change. 8
`37ZD Particular dealings in transferred land void 9
`(1) A grant, transfer or other creation of an interest in transferred 10
land in contravention of this division is void. 11
`(2) Subsection (1) does not apply to a registered interest.'. 12
Clause 86 Amendment of s 38 (No resumption of transferred land 13
etc.) 14
(1) Section 38, heading, `No'-- 15
omit, insert-- 16
`Provision about'. 17
(2) Section 38(1), from `except by'-- 18
omit, insert-- 19
`other than under the Acquisition Act by a constructing 20
authority.'. 21
(3) Section 38(2)-- 22
renumber as section 38(4). 23
(4) Section 38-- 24
insert-- 25
`(2) However, an interest in transferred land may be taken under 26
the Acquisition Act only for a relevant purpose. 27
Page 144
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 87]
`(3) To remove any doubt, it is declared that, for taking an interest 1
in transferred land under the Acquisition Act, the transferred 2
land is land as defined in that Act.'. 3
(5) Section 38-- 4
insert-- 5
`(5) In this section-- 6
relevant purpose means any purpose for which land may be 7
taken under the Acquisition Act by a constructing authority, 8
other than a purpose under-- 9
(a) the State Development and Public Works Organisation 10
Act 1971, if the taking of the land for the purpose is for 11
conferring rights or interests in the land taken on a 12
person other than the State, a local government, or a 13
local body as defined under that Act; or 14
(b) the Petroleum and Gas (Production and Safety) Act 15
2004.'. 16
Clause 87 Insertion of new pts 5A and 5B 17
Before part 6-- 18
insert-- 19
`Part 5A Provisions about mortgages of 20
leases over Torres Strait 21
Islander land 22
`80A Application of pt 5A 23
`If, in relation to the mortgaging of a lease over Torres Strait 24
Islander land, there is an inconsistency between a provision of 25
this part and the Land Title Act, part 6, division 3, or the 26
Property Law Act 1974, the provision of this part prevails to 27
the extent of the inconsistency. 28
Page 145
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 87]
`80B Provisions about entering into possession of, and 1
selling, lease 2
`(1) This section applies if a mortgagee enters into possession of a 3
lease granted over Torres Strait Islander land. 4
`(2) The mortgagee must give the grantees of the land written 5
notice of the fact within 28 days after entering into 6
possession. 7
`(3) The mortgagee must arrange to sell the lease within the later 8
of the following periods to end (the applicable period)-- 9
(a) 4 years after entering into possession of the lease; 10
(b) the longer period agreed in writing between the 11
mortgagee and the grantees. 12
`(4) For subsection (3)(b)-- 13
(a) the period mentioned in subsection (3)(a) may be 14
extended or further extended for not more than 2 years 15
at a time; and 16
(b) an extension or further extension of the period must be 17
agreed in writing before the period or further extended 18
period would otherwise have ended. 19
`(5) In considering whether to agree to an extension or further 20
extension, the grantees must have regard to the measures the 21
mortgagee has already taken to sell the lease. 22
`(6) If the mortgagee does not sell the lease within the applicable 23
period, the grantees may sell the lease. 24
`(7) The mortgagee or grantees may sell the lease only to a person 25
who, under this Act, would be entitled to be granted the lease. 26
`(8) The grantees must not sell the lease for less than-- 27
(a) the amount owing to the mortgagee by the lessee under 28
the mortgage on the day the lease is sold; or 29
(b) if the grantees and the mortgagee agree the lease may be 30
sold for an amount less than the amount mentioned in 31
paragraph (a)--the agreed amount. 32
Page 146
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 87]
`80C How grantees deal with proceeds of sale 1
`(1) This section applies if, under section 80B, the grantees sell a 2
mortgaged lease. 3
`(2) The grantees must apply the proceeds of the sale, under the 4
Property Law Act 1974, as if the lease were sold by the 5
mortgagee and the amount of the sale were received by the 6
mortgagee. 7
`(3) However, in applying the proceeds of the sale, the grantees 8
must firstly apply the proceeds to the payment of all costs, 9
charges and expenses properly incurred by the grantees for the 10
sale or any attempted sale. 11
`Part 5B Leasing of Torres Strait 12
Islander trust land 13
`Division 1 Preliminary 14
`80D Definitions for pt 5B 15
`In this part-- 16
Torres Strait Islander trust land means-- 17
(a) land subject to a deed of grant in trust granted for the 18
benefit of Torres Strait Islanders or for the purpose of a 19
Torres Strait Islander reserve under the repealed Land 20
Act 1962; or 21
(b) land reserved and set apart under the repealed Land Act 22
1962 for a Torres Strait Islander reserve or for the 23
benefit of Torres Strait Islanders; or 24
(c) land subject to a deed of grant in trust granted for the 25
benefit of Torres Strait Islanders under the Land Act; or 26
Page 147
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 87]
(d) land dedicated under the Land Act as a reserve for the 1
provision of services beneficial to Torres Strait Islanders 2
particularly concerned with the land. 3
trustee, of Torres Strait Islander trust land, means the trustee 4
of the land under the Land Act. 5
trustee (Torres Strait Islander) lease means a lease of Torres 6
Strait Islander trust land granted under part 3, division 2, 7
subdivision 3 as applied under section 80F(2). 8
`80E Relationship with Land Act 9
`(1) The following provisions of the Land Act, chapter 3, part 1, 10
division 7 do not apply to Torres Strait Islander trust land-- 11
(a) sections 57 to 59; 12
(b) section 61, to the extent it relates to a lease or sublease 13
of the land; 14
(c) section 63, to the extent it relates to a lease of the land; 15
(d) section 64; 16
(e) sections 65 and 66, to the extent they relate to a lease of 17
the land. 18
`(2) For the purposes of the Land Act, other than the provisions 19
mentioned in subsection (1), a trustee (Torres Strait Islander) 20
lease is taken to be a trustee lease under that Act. 21
`Division 2 Leases 22
`80F Trustee (Torres Strait Islander) leases 23
`(1) A trustee of Torres Strait Islander trust land may lease all or a 24
part of the land under part 3, division 2, subdivision 3. 25
`(2) For subsection (1), the relevant provisions apply in relation to 26
the leasing of Torres Strait Islander trust land-- 27
(a) as if a reference in the provisions to transferred land 28
were a reference to Torres Strait Islander trust land; and 29
Page 148
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 87]
(b) as if a reference in the provisions to the Minister were a 1
reference to-- 2
(i) if the Torres Strait Islander trust land is 3
transferable land--the Minister administering this 4
Act; and 5
(ii) if the Torres Strait Islander trust land is not 6
transferable land--the Minister administering the 7
Land Act; and 8
(c) as if the reference in section 37F(4)(a) to section 9
37(1)(a) were a reference to section 80F(4)(a); and 10
(d) as if a reference in the provisions to the grantees were a 11
reference to a trustee; and 12
(e) as if the reference in section 37H(3)(a) to a stated 13
standard terms document under the Land Title Act were 14
a reference to a stated mandatory standard terms 15
document under the Land Act; and 16
(f) as if the reference in section 37N(2) to the Land Title 17
Act, section 65(2) were a reference to the Land Act, 18
section 57(5). 19
`(3) If the consent of the Minister is required in relation to a lease 20
of Torres Strait Islander trust land that is transferable land, the 21
Minister must not give the consent unless satisfied the lease is 22
for the benefit of Torres Strait Islanders particularly concerned 23
with the land. 24
`(4) The trustee of Torres Strait Islander trust land that is 25
transferable land must not grant a lease over the land for more 26
than 30 years unless-- 27
(a) the trustee has explained to the Torres Strait Islanders 28
particularly concerned with the land the nature, purpose 29
and effect of the lease; and 30
(b) the Torres Strait Islanders are given a suitable 31
opportunity to express their views on, and are generally 32
in agreement with, the grant of the lease. 33
Page 149
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 87]
`(5) The grant of a lease over Torres Strait Islander trust land in 1
contravention of part 3, division 2, subdivision 3 is void, 2
unless the lease is registered. 3
`(6) Subsection (5) applies despite any other Act. 4
`(7) In this section-- 5
relevant provisions means section 37A and part 3, division 2, 6
subdivisions 3 and 4. 7
`80G Amending trustee (Torres Strait Islander) lease 8
`(1) A document of amendment of a registered trustee (Torres 9
Strait Islander) lease must not-- 10
(a) increase or decrease the area leased; or 11
(b) add or remove a party to the lease; or 12
(c) be lodged after the lease's term has ended. 13
`(2) In this section-- 14
term, of a trustee (Torres Strait Islander) lease, includes a 15
period of possession under the lease because of-- 16
(a) the exercise of an option to renew the lease; or 17
(b) a registered document of amendment extending the term 18
of the lease. 19
`80H Mortgage of trustee (Torres Strait Islander) lease 20
`(1) Subject to subsection (2), a lessee of Torres Strait Islander 21
trust land may, under the Land Act, chapter 6, part 4, division 22
4, mortgage a trustee (Torres Strait Islander) lease. 23
`(2) For mortgaging a trustee (Torres Strait Islander) lease-- 24
(a) the Land Act, chapter 6, part 4, division 4, applies-- 25
(i) as if the reference in section 345(2) to the Minister 26
were a reference to the trustee; and 27
Page 150
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 87]
(ii) as if section 346(1) provided that the mortgagee 1
may offer the lease for sale by public auction or 2
may sell the lease by private contract; and 3
(iii) as if the reference in section 346(3) to a person 4
qualified under the Land Act to hold the lease were 5
a reference to a person entitled under this Act to a 6
grant of the lease; and 7
(iv) as if section 347 were omitted; and 8
(b) section 80B applies as if the reference in section 80B(1) 9
to Torres Strait Islander land were a reference to Torres 10
Strait Islander trust land. 11
`80I Surrender of trustee (Torres Strait Islander) lease 12
`All or part of a trustee (Torres Strait Islander) lease or a 13
sublease of a trustee (Torres Strait Islander) lease may be 14
surrendered only if each registered mortgagee and registered 15
sublessee of the interest being surrendered has given written 16
agreement to the surrender. 17
`Division 3 Other matters 18
`80J Trustee to advise about ending of particular lease 19
for commercial purpose 20
`(1) This section applies if a trustee (Torres Strait Islander) lease 21
for more than 30 years granted by a trustee over transferable 22
land for a commercial purpose ends. 23
`(2) The trustee must give the registrar written notice of the 24
ending. 25
`(3) The notice must include particulars of the land that was the 26
subject of the trustee (Torres Strait Islander) lease. 27
Page 151
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 88]
`80K Recording information about land 1
`(1) If a lease for more than 30 years for a commercial purpose on 2
transferable land is registered, the registrar must keep records 3
that show the land is no longer transferable land. 4
`(2) The registrar must keep the records in a way that a search of 5
the appropriate register kept by the registrar will show the 6
land is not transferable land 7
`(3) If a trustee gives the registrar a notice under section 80J(2) 8
about particular land, the registrar must keep records that 9
show the land is transferable land. 10
`(4) The registrar must keep the records in a way that a search of 11
the appropriate register kept by the registrar will show the 12
land is transferable land.'. 13
Clause 88 Amendment of s 81 (Crown's use of Islander land 14
preserved) 15
Section 81(3), `under section 36 or 73'-- 16
omit, insert-- 17
`, or a person for a private residential purpose, under part 3, 18
division 2'. 19
Clause 89 Amendment of s 83 (Access to land used by Crown) 20
(1) Section 83(3), from `The grantees' to `subsection (2)'-- 21
omit, insert-- 22
`The grantees of Torres Strait Islander land, other than a 23
registered native title body corporate, must not agree on a 24
route for subsection (2)(b)'. 25
(2) Section 83(4), `subsection (2)'-- 26
omit, insert-- 27
`subsection (2)(b)'. 28
Page 152
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 90]
Clause 90 Amendment of s 84 (Application of Mineral Resources 1
Act) 2
(1) Section 84(7)-- 3
renumber as section 84(8). 4
(2) Section 84-- 5
insert-- 6
`(7) Subsection (6) applies in relation to Torres Strait Islander land 7
held by a registered native title body corporate as if the 8
reference in the subsection to Torres Strait Islanders 9
particularly concerned with the land were a reference to the 10
registered native title body corporate that holds the land.'. 11
Clause 91 Amendment of s 129 (Rights of access to interests 12
preserved) 13
(1) Section 129(3), from `The grantees' to `subsection (2)'-- 14
omit, insert-- 15
`The grantees of Torres Strait Islander land, other than a 16
registered native title body corporate, must not agree on a 17
route for subsection (2)(a)'. 18
(2) Section 129(4), `subsection (2)'-- 19
omit, insert-- 20
`subsection (2)(a)'. 21
Clause 92 Amendment of s 131 (Delegation by Minister) 22
Section 131, `section 25,'-- 23
omit, insert-- 24
`section 13B, 25, 25A,'. 25
Clause 93 Insertion of new ss 133A and 133B 26
After section 133-- 27
insert-- 28
Page 153
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 7 Amendment of Torres Strait Islander Land Act 1991
[s 94]
`133A Dealing with particular trust property 1
`(1) This section applies to a trustee, other than the State, if the 2
trustee receives an amount (the lease amount) paid under 3
section 37K for the value of a dwelling. 4
`(2) The trustee must ensure an amount equal to the lease amount 5
is used by the trustee for housing services for Torres Strait 6
Islanders concerned with the land held by the trustee. 7
`(3) In this section-- 8
housing service means-- 9
(a) providing housing to an individual for residential use; or 10
(b) any of the following kinds of service-- 11
(i) tenant advisory services; 12
(ii) tenant advocacy services; 13
(iii) home maintenance services; 14
(iv) home modification services; 15
(v) housing-related referral and information services. 16
trustee means-- 17
(a) the grantees of Torres Strait Islander land; or 18
(b) a trustee, under the Land Act, of Torres Strait Islander 19
trust land. 20
`133B Application of Residential Tenancies Act 1994 21
`The Residential Tenancies Act 1994 does not apply to a lease 22
granted under this Act for private residential purposes.'. 23
Clause 94 Amendment of s 135 (Regulation-making power) 24
Section 135(2)-- 25
insert-- 26
`(i) the minimum annual rental amount payable by the State 27
under a lease granted to the State under this Act.'. 28
Page 154
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Part 8 Minor and consequential amendments
[s 95]
Clause 95 Insertion of new pt 10, div 2 1
After section 136-- 2
insert-- 3
`Division 2 Transitional provision for Aboriginal 4
and Torres Strait Islander Land 5
Amendment Act 2008 6
`137 Interests in Torres Strait Islander land continue 7
`If Torres Strait Islander land was, immediately before the 8
commencement of this section, subject to an interest granted 9
or otherwise created under section 36 or 73 as in force before 10
the commencement, the interest continues in force.'. 11
Part 8 Minor and consequential 12
amendments 13
Clause 96 Acts amended in schedule 14
(1) The schedule amends the Acts it mentions. 15
(2) However, subsection (1) does not apply in relation to a 16
particular Act if another provision of this Act states that the 17
schedule amends the particular Act. 18
Page 155
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Schedule
Schedule Minor and consequential 1
amendments 2
sections 3, 73 and 96 3
Aboriginal Land Act 1991 4
1 Section 14(b), `by the Crown'-- 5
omit. 6
2 Sections 18(1)(a) and (2), 20, 21(1), 24, 25, 42 and 80, 7
`Crown'-- 8
omit, insert-- 9
`State'. 10
3 Before section 19-- 11
insert-- 12
`Division 4A Available State land'. 13
4 Part 2, divisions 4A and 5-- 14
renumber as part 2, divisions 5 and 6. 15
5 Sections 25(d), (e) and (f), 30, 34(2)(a)(ii), 60(6), 61(3), 16
62(3), 66, 109(5), 116(4) and 117(9), `Land Act 1994'-- 17
omit, insert-- 18
`Land Act'. 19
6 Section 34(1), `Crown'-- 20
omit, insert-- 21
`State or Commonwealth that is not registered'. 22
Page 156
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Schedule
7 Section 34(3), `Land Title Act 1994'-- 1
omit, insert-- 2
`Land Title Act'. 3
8 Section 36, `Island'-- 4
omit. 5
9 Section 46(3), `Island'-- 6
omit. 7
10 Part 5, division 5, heading-- 8
omit. 9
11 Sections 83F and 83FA-- 10
renumber as sections 83E and 83F. 11
12 Part 6, heading-- 12
omit, insert-- 13
`Part 6 Occupation and use of 14
Aboriginal land by the State or 15
Commonwealth'. 16
13 Section 133, heading, `Crown'-- 17
omit, insert-- 18
`State or Commonwealth'. 19
14 Section 133, `the Crown in right of'-- 20
omit. 21
Page 157
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Schedule
15 Section 137(2)(b), `section 83'-- 1
omit, insert-- 2
`section 132A'. 3
16 Part 10, heading `provision'-- 4
omit, insert-- 5
`provisions'. 6
17 Section 139(1), from `the commencement'-- 7
omit, insert-- 8
`18 March 2005.'. 9
18 Part 11, heading-- 10
omit, insert-- 11
`Part 11 Transitional provisions 12
`Division 1 Transitional provision for Audit 13
Legislation Amendment Act 2006'. 14
19 After section 143, as inserted by this Act-- 15
insert-- 16
`Schedule Dictionary 17
section 3'. 18
Page 158
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Schedule
Torres Strait Islander Land Act 1991 1
1 Sections 16(1)(c), 22(c), 28, 31(2)(b) and (3), 32(1)(b), 2
33(1)(a) and (2), 57(6), 58(3), 59(3), 61(1)(d), 63, 70(4), 3
106(5), 113(4) and 114(9), `Land Act 1994'-- 4
omit, insert-- 5
`Land Act'. 6
2 Section 32(3), `Land Title Act 1994'-- 7
omit, insert-- 8
`Land Title Act'. 9
3 Section 61(3)(b), from `appropriate register'-- 10
omit, insert-- 11
`appropriate register.'. 12
4 Part 10, heading-- 13
omit, insert-- 14
`Part 10 Transitional provisions 15
`Division 1 Transitional provision for Audit 16
Legislation Amendment Act 2006'. 17
© State of Queensland 2008
Page 159
AMENDMENTS TO BILL
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
Aboriginal and Torres Strait Islander Land
Amendment Bill 2008
Amendments agreed to during Consideration
1 Clause 25 (Amendment of s 41 (No resumption of
transferred land etc.))--
At page 57, lines 11 to 14--
omit, insert--
`Act 1971; or'.
2 Clause 34 (Amendment of s 78 (No resumption of granted
land etc.))--
At page 82, lines 27 to 30--
omit, insert--
`Act 1971; or'.
3 Clause 62 (Amendment of s 43 (Only Parliament may
delete land from or cancel an existing deed of grant in
trust))--
At page 106, lines 5 to 8--
omit, insert--
`Act 1971; or'.
4 Clause 70 (Insertion of new pt 5A)--
At page 109, lines 17 to 20--
omit, insert--
`Act 1971; or'.
Page 1
Aboriginal and Torres Strait Islander Land Amendment Bill 2008
5 Clause 86 (Amendment of s 38 (No resumption of
transferred land etc.))--
At page 145, lines 11 to 14--
omit, insert--
`Act 1971; or'.
© State of Queensland 2008
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