ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013 - As at 2 July 2022 - Act 2 of 2013
- As at 2 July 2022
- Act 2 of 2013
Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
- 1 Short title
- 2 Commencement
- 3 Main object of Act
- 4 Achieving Act’s main object
- 5 Approach adopted in applying ALA or TSILA
- 6 All rights under 1985 Land Holding Act to be dealt with under this Act
- 7 Act binds all persons
Division 2 - Interpretation
PART 2 - TRANSITION FROM 1985 LAND HOLDING ACT TO THIS ACT
Division 1 - Adjustment of status of land affected by 1985 Land Holding Act
- 11 Return of land previously divested under 1985 Land Holding Act
- 12 Continuation of 1985 Act granted leases
Division 2 - Advice to Minister
- 13 Establishment of Land Holding Act stakeholder reference panels
Division 1 - Introduction
Division 2 - Publication of lease entitlement notices
Division 4 - Addition to and replacement of lease entitlement notices
PART 4 - IDENTIFICATION OF PRACTICAL OBSTACLES
- 28 Operation of pt 4
- 29 What are practical obstacles
- 30 Minister refers lease entitlement notice to Land Holding Act stakeholder reference panel or reference entity
- 31 Minister advises of obstacles and gives statement of reasons
- 32 Application about statement of reasons (obstacles)
- 33 Refusal to amend statement of reasons (obstacles)
PART 5 - GRANTS OF LEASES TO SATISFY LEASE ENTITLEMENTS
Division 1 - Introduction
Division 2 - Granting lease to satisfy lease entitlement if no obstacles to grant
- 35 Minister may grant lease
Division 3 - Application to proceed immediately with the grant of a lease
- 36 Application to proceed immediately with the grant of a lease
- 37 Consideration of application
- 38 Refusal to proceed immediately with grant of lease
Division 4 - Granting lease to satisfy lease entitlement if obstacles to grant
Subdivision 1 - Deferred grants generally
- 39 Minister may make deferred grant of lease
Subdivision 2 - Consultation or agreement before deferred grant
- 40 Purpose of sdiv 2
- 41 Minister may rely on advice
- 42 Reference to Land Holding Act stakeholder reference panel
- 43 Persons to be consulted
- 44 Location of lease
- 45 Ownership of improvements
Subdivision 3 - Agreed deferred grant
- 46 Minister may make agreed deferred grant
Subdivision 4 - Contested deferred grant
- 47 Application to Land Court in absence of agreement
- 48 Decision of Land Court for contested deferred grant
- 49 Compensation for grantee in circumstances of contested deferred grant
Division 5 - New Act granted leases generally
- 50 New Act granted leases
PART 6 - BOUNDARY RELOCATIONS FOR PARTICULAR 1985 ACT GRANTED LEASES
Division 1 - Introduction
Division 2 - Consultation about boundary relocations
- 52 Consultation about boundaries of lease
Division 3 - Agreed boundary relocation
- 53 Application to Land Court in case of agreement
- 54 Decision of Land Court for agreed boundary relocation
Division 4 - Contested boundary relocation
- 55 Application to Land Court in absence of agreement
- 56 Decision of Land Court for contested boundary relocation
- 57 Compensation for lessee in circumstances of contested boundary relocation
Division 5 - Recording boundary relocation
- 58 Recording of boundary relocation
PART 7 - OWNERSHIP OF STRUCTURAL IMPROVEMENTS
- 59 Ownership of improvements continues
- 60 Agreement or arrangement for 1985 Land Holding Act, s 15
- 61 Gazette notice for completed agreement or arrangement
- 62 Use of valuation methodology for social housing dwelling
PART 8 - CONDITIONS AND REQUIREMENTS APPLYING TO LEASES
Division 1 - Conditions and requirements applying to leases other than term leases
- 63 Operation of div 1
- 64 Dealings
- 65 Registration of dealings
- 66 Lease for residential purposes
- 67 Subleases
- 68 Surrenders
Division 2 - Term leases
- 69 Entitlement to apply for lease under ALA or TSILA
Division 3 - (Expired)
PART 9 - APPLICATION OF PROVISIONS OF ALA OR TSILA
Division 1 - Applying ALA or TSILA
- 70 ALA provisions
- 71 TSILA provisions
72. (Repealed)
Division 2 - Applying ALA
Subdivision 1 - All land
- 73 Applying ALA, pt 10, div 4 (Home ownership leases)
Subdivision 2 - Aboriginal land
- 74 Applying ALA, pt 14 (Provisions about mortgages of leases over Aboriginal land)
Subdivision 3 - Aboriginal trust land
- 75 Definition for sdiv 3
- 76 Applying ALA, s 185 (Relationship with Land Act)
- 77 Applying ALA, s 187 (Amending trustee (Aboriginal) lease)
- 78 Applying ALA, s 188 (Mortgage of trustee (Aboriginal) lease)
79. (Repealed)
Division 3 - Applying TSILA
Subdivision 1 - All land
- 80 Applying TSILA, pt 8, div 4 (Home ownership leases)
Subdivision 2 - Torres Strait Islander land
- 81 Applying TSILA, pt 10 (Provisions about mortgages of leases over Torres Strait Islander land)
Subdivision 3 - Torres Strait Islander trust land
- 82 Definition for sdiv 3
- 83 Applying TSILA, s 141 (Relationship with Land Act)
- 84 Applying TSILA, s 143 (Amending trustee (Torres Strait Islander) lease)
- 85 Applying TSILA, s 144 (Mortgage of trustee (Torres Strait Islander) lease)
PART 10 - MISCELLANEOUS
- 86 Plans of survey
- 87 Limitation on qualification requirement
- 88 Delegations
- 89 Application to Land Court if no interested persons identified
- 90 Information Privacy Act does not stop sharing of information necessary for effective operation of this Act
- 91 Review of Act
- 92 Approval of forms
- 93 Regulation-making power
PART 11 - REPEAL AND TRANSITIONAL PROVISIONS FOR ACT NO. 2 OF 2013
- 94 Repeal
- 95 Continuation of proceeding
- 96 (Repealed)
- 96 Application of former s 69A to particular leases
