Queensland Consolidated Acts

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ABORIGINES AND TORRES STRAIT ISLANDERS (LAND HOLDING) ACT 1985 - SECT 5

5 Application for tenure in trust area

(1) A qualified person who has attained the age of 18 years and who desires a tenure of land that is situated in a trust area may, subject to this Act, make application to the trustee council for its approval that a lease be granted to the applicant over the land to which the application relates.

(2) It is not competent to a qualified person to make application under subsection (1) in respect of--

(a) land that is occupied or used by a prescribed person; or
(b) land that is occupied or is, at the material time, used by a qualified person other than the person who is seeking the tenure; or
(c) land that exceeds 1ha in area, in the case of an application for a lease in perpetuity.

(3) An application under subsection (1)--

(a) may be made by any number of qualified persons, to the intent that where there is more than 1 applicant the tenure of the land in question would be held by them as joint tenants or tenants in common; and
(b) shall identify the land to which it relates--
(i) by the surveyed description thereof (if any); or
(ii) by the metes and bounds description, if it is known; or
(iii) by such other means as may be appropriate in the circumstances; and
(c) shall be in or to the effect of the prescribed form.

(4) An application under subsection (1) shall not relate to more than 1 parcel of land.



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