ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013 - SECT 12 Continuation of 1985 Act granted leases

ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013 - SECT 12

12 Continuation of 1985 Act granted leases

(1) This section applies if—

(a) a lease was granted, or purportedly granted, in a trust area before the commencement of the section; and

(b) the grant was, or purported to be, under the authority of—

(i) the 1985 Land Holding Act ; or

(ii) another Act, but with reference being made to the 1985 Land Holding Act ; or

(iii) the 1985 Land Holding Act and another Act; and

Example for paragraph (b)(iii)—

The wording of an instrument issued for the grant of a lease may have indicated that the lease was granted under both the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 and the Land Act .

(c) the lease was still in force, or purportedly still in force, immediately before the repeal of the 1985 Land Holding Act .

Example for paragraph (c)—

The lease was not surrendered before the repeal of the 1985 Land Holding Act .

(2) For this Act, the lease is a
"1985 Act granted lease" .

(3) A 1985 Act granted lease—

(a) is taken to have been a validly granted lease from when it was granted or purportedly granted until the repeal of the 1985 Land Holding Act ; and

(b) for all purposes is taken to have been granted solely under the authority of the 1985 Land Holding Act ; and

(c) continues in force despite the repeal of the 1985 Land Holding Act .

(4) From the commencement of this section, the lessor of a 1985 Act granted lease is taken to be—

(a) the trustee of the trust area; or

(b) if the lease land is also the subject of a townsite lease under ALA or TSILA —the lessee under the townsite lease.

(5) If, under the 1985 Land Holding Act , a 1985 Act granted lease was granted as a lease in perpetuity, the lease continues as a lease granted in perpetuity and for the same purpose as the purpose for which the 1985 Act granted lease was granted.

(6) If, under the 1985 Land Holding Act , a 1985 Act granted lease was granted as a lease for a term of years, the lease continues as a lease granted for the same term of years, and for the same purpose, as the term and purpose for which the 1985 Act granted lease was granted.

(7) A 1985 Act granted lease—

(a) continues to be subject to conditions recorded on the instrument of lease for the 1985 Act granted lease, other than, for a lease granted in perpetuity, any conditions providing, or purporting to provide, for the rent payable under the lease; and

(b) as a continuing lease, is subject to—

(i) the conditions provided for under part 8 ; and

(ii) the provisions of ALA or TSILA as provided for under part 9 .

(8) The chief executive, or if appropriate, the registrar, may make any necessary change in the appropriate register to record the operation of this section, including to record this Act as the authority for the continuation of a 1985 Act granted lease.