ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013 - SCHEDULE
ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013 - SCHEDULE
SCHEDULE Dictionary
"1985 Act granted lease" see section 12 (2) .
"1985 Land Holding Act" means the repealed Aborigines and Torres Strait
Islanders (Land Holding) Act 1985 .
"Aboriginal land" means Aboriginal land under ALA .
"Aboriginal trust land" means Aboriginal trust land under ALA .
"affected person" means—
(a) for a decision—a person whose interests are reasonably likely to be directly affected by the decision; or
(b) for a practical obstacle to the granting of a lease to satisfy a lease entitlement—a person whose interests may be affected by how the obstacle is resolved.
"agreed boundary relocation" see section 53 (1) .
"agreed deferred grant" see section 46 (1) .
"ALA" means the Aboriginal Land Act 1991 .
"appropriate register" means—
(a) for freehold land—the freehold land register; or
(b) for other land—the appropriate register for the land under the Land Act .
"beneficiary" , of a deceased person—
(a) means a person entitled to share in the estate of the deceased person; and
(b) includes a person entitled to share in the estate of the deceased person through the estate of another person who is also deceased.
"contested boundary relocation" see section 55 (1) .
"contested deferred grant" see section 47 (1) .
"deferred grant" , of a lease to satisfy a lease entitlement, see section 39 (1) .
"hardship certificate" see section 26 (1) .
"holder" , of a lease entitlement, see section 9 (3) .
"housing chief executive" means the chief executive of the department in which the Housing Act 2003 is administered.
"interested person" , in the estate of a deceased person (the
"identified person" ), means a person who has an interest in the estate, or in the administration of the estate, of the identified person, and who is 1 or more of the following, having regard to the laws of succession—
(a) a beneficiary of the identified person;
(b) a personal representative of the identified person or of any other person who is deceased, as provided for in a will or in a grant of probate or letters of administration;
(c) a person identified in a JLOMA section 60 certificate.
"JLOMA" means the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 .
"JLOMA section 60 certificate" means a certificate under JLOMA , section 60 (3) .
"Land Act" means the Land Act 1994 .
"Land Holding Act stakeholder reference panel" , for a trust area, means the Land Holding Act stakeholder reference panel established for the trust area under section 13 .
"Land Title Act" means the Land Title Act 1994 .
"lease boundaries" , in relation to a lease, means the boundaries of the land the subject of the lease.
"lease entitlement" see section 9 (1) .
"lease entitlement land" means the land the subject of a lease entitlement.
"lease entitlement notice" , for a lease entitlement, see section 15 .
"lease land" , in a provision about a lease, means the land the subject of the lease.
"new Act granted lease" means a lease granted under this Act.
"proper applicant" , for a lease, means a person who could reasonably be expected to be a grantee, whether or not the only grantee, of the lease if the lease were to be granted.
"recipient" , of a hardship certificate, means the person identified in the certificate as its recipient.
"reference entity" means—
(a) for a lease entitlement, either—(i) the trustee of the trust area; or(ii) if some or all of the lease entitlement land is the subject of a townsite lease under ALA or TSILA —the lessee of the townsite lease; or
(b) for a 1985 Act granted lease, either—(i) the trustee of the trust area; or(ii) if some or all of the lease land is the subject of a townsite lease under ALA or TSILA —the lessee of the townsite lease.
"registered" , in relation to a new Act granted lease or a 1985 Act granted lease, or an interest over a new Act granted lease or 1985 Act granted lease, means registered under the Land Act or Land Title Act .
"registrar" means the registrar of titles under the Land Title Act .
"relocation" , of the boundaries of a 1985 Act granted lease, is a change, within the trust area for the lease, to the boundaries of the lease land, including, for example, a relocation of all the boundaries of the lease to another location in the trust area.
"social housing" means housing being used to provide subsidised housing for residential use.
"social housing dwelling" means a dwelling that the housing chief executive reasonably considers to be social housing.
"statement of reasons (contested boundary relocation)" see section 55 (2) .
"statement of reasons (contested deferred grant)" see section 47 (2) .
"statement of reasons (obstacles)" see section 31 (1) .
"Torres Strait Islander land" means Torres Strait Islander land under TSILA .
"Torres Strait Islander trust land" means Torres Strait Islander trust land under TSILA .
"trust area" —
(a) generally—see section 10 (1) ; or
(b) for a lease entitlement—see section 9 (2) .
"trust area notice" see sections 18 (2) and 19 (1) .
"trustee" , of a trust area, see section 10 (2) .
"trustee (Aboriginal) lease" means a trustee (Aboriginal) lease under ALA .
"trustee council" , for an application made under the 1985 Land Holding Act , section 5 , means the entity to which the application was made.
"trustee (Torres Strait Islander) lease" means a trustee (Torres Strait Islander) lease under TSILA .
"TSILA" means the Torres Strait Islander Land Act 1991 .