ABORIGINAL LAND ACT 1991 - As at 1 March 2023 - Act 32 of 1991
- As at 1 March 2023 - Act 32 of 1991Table of Provisions
- Long Title Preamble
PART 1 - PRELIMINARY
- 1 Short title
- 2 Definitions
- 3 Aborigines particularly concerned with land etc.
- 4 Act binds all persons
PART 2 - BASIC CONCEPTS
Division 1 - Aboriginal people and their traditions
Division 2 - Aboriginal land
- 8 Meaning of Aboriginal land
Division 3 - Transferable and transferred land
- 9 Meaning of transferable and transferred land
- 10 Lands that are transferable lands
- 11 DOGIT land
- 12 Aboriginal reserve land 13. (Repealed) 14. (Repealed)
Division 4 - Declarations about particular transferable land
- 15 Definition for div 4
- 16 Particular land may be declared to be not transferable land 16E. (Repealed) 16F. (Repealed)
- 17 Notice of intention to make declaration
- 18 Minister to consider representations and give notice of decision
- 19 Notice about declarations—trustee
- 20 Notice about declarations—registrar
- 21 Requirements about plans of subdivision for declarations
Division 5 - Claimable and granted land
Division 6 - Available State land
- 24 Land that is available State land—general
- 25 Agreement about particular land
- 26 Watercourses and lakes
- 27 Tidal land
- 28 Meaning of city or town land 28B. (Repealed)
- 29 Meaning of township land
- 30 National parks
- 31 Land that is not available State land
Division 7 - Application of laws to Aboriginal land
- 32 Application of laws
PART 2A - PROVIDING FREEHOLD
Division 1 - Preliminary
- 32A Overview
Division 2 - Basic concepts
- 32B Definitions for pt 2A
Division 3 - Approval for grant of available land
- 32C Approval for grant of available land
Division 4 - Freehold instruments
Subdivision 1 - Trustee may make freehold instrument- 32D Trustee may make freehold instrument
- 32E Trustee may have only 1 freehold instrument Subdivision 2 - Making, amending or repealing freehold instruments
- 32F Definition for sdiv 2
- 32G Application of sdiv 2
- 32H Minister to make and publish guideline
- 32I Trustee to consult
- 32J Trustee to give freehold instrument to Minister or local government
- 32K Local government to follow process in guideline
- 32L Minister may approve
- 32M Amending or repealing freehold instrument Subdivision 3 - Other provisions about freehold instruments
- 32N Effect of freehold instrument
- 32O Relationship with planning scheme
Division 5 - Allocation process for available land—interest holder
- 32P Application of div 5
- 32Q Application for available land
- 32R Dwelling on available land
- 32S Decision on application
- 32T Offer to allocate available land
- 32U Acceptance and refusal of offer
- 32V Cooling-off period to apply to acceptance
- 32W When offer ends
- 32X Allocation of available land to eligible person
Division 6 - Allocation process for available land if no interest holder
- 32Y Application of div 6
- 32Z Public notice of intention to allocate available land
- 32ZA Information to be included in allocation notice
- 32ZB Probity advisor
- 32ZC Decision on application to participate in allocation process
- 32ZD Notice of allocation of available land
- 32ZE How and when trustee may allocate
- 32ZF Allocation of available land
- 32ZG Deposits
Division 7 - Miscellaneous
- 32ZH Continuation of mortgages and easements
- 32ZI Cancellation of deeds of grant in trust, reserves etc.
PART 3 - FORMAL EXPRESSION OF INTEREST ABOUT LAND
- 33 Purpose of pt 3
- 34 Land to which pt 3 applies
- 35 Expression of interest in having land made transferable land
- 36 Chief executive to consider expression of interest
- 37 Consideration of expression of interest does not impose obligation on State
PART 4 - GRANT OF TRANSFERABLE LAND AS ABORIGINAL LAND
Division 1 - Grant of land
- 38 Deeds of grant to be prepared
- 39 Appointment of registered native title body corporate as grantee to hold land for native title holders
- 40 Appointment of grantee to hold land for benefit of Aboriginal people
- 41 Procedure for appointing particular grantee
- 42 Minister to act as soon as possible
- 43 Authority to grant fee simple in transferable land
- 44 Deed of grant takes effect on delivery
- 45 Existing interests
- 45A Existing interests held by local government 46. (Repealed)
- 47 Cancellation of deed of grant in trust 48. (Repealed)
- 49 Land Court may resolve difficulties
Division 2 - Approvals to change how land is held
- 50 Application to hold Aboriginal land for native title holders
- 51 Decision on application
- 52 Notices about decision
- 53 Effect of gazette notice
Division 3 - Reservations
- 54 Resource reservations under resource Acts
- 55 Reservations of forest products and quarry material etc.
PART 5 - CLAIMS FOR CLAIMABLE LAND
Division 1 - Requirements for claims
- 56 Duly made claims
- 57 Who may make a claim
- 58 Grounds on which claim may be made
- 59 How claim is to be made
- 60 Time limit for making of claims
Division 2 - Determination of claims
- 61 Deciding whether claim duly made
- 62 Tribunal to notify making of claims
- 63 Joint hearing of claims
- 64 Repeat claims
- 65 Establishment of claim on ground of traditional affiliation
- 66 Establishment of claim on ground of historical association
- 67 Claim may be established for only part of land claimed
- 68 Claim may be established on more than 1 ground
- 69 Time at which it is to be decided whether land is claimable land
- 70 Amendment of claim
- 71 Recommendation to Minister
- 72 Resolution of conflicting claims
- 73 Notification of parties
PART 6 - GRANT OF CLAIMABLE LAND AS ABORIGINAL LAND
Division 1 - Grant of land
- 74 Deeds of grant to be prepared
- 75 Appointment of grantee
- 76 Authority to grant fee simple in claimable land
- 77 Deed of grant takes effect on delivery
- 78 Existing interests
- 79 Cancellation of existing deed of grant
- 80 Land Court may resolve difficulties
Division 2 - Reservations
- 81 Resource reservations under other Acts
- 82 Reservations of forest products and quarry material etc.
Division 3 - Access to coastal land
- 83 Rights of access preserved 83A. (Repealed) 83B. (Repealed) 83C. (Repealed) 83D. (Repealed) 83E. (Repealed)
PART 7 - REGISTER OF ENTITIES HOLDING ABORIGINAL LAND
- 84 Keeping register of entities holding Aboriginal land
- 85 Giving information for register to the chief executive
- 86 Obtaining information in register
PART 8 - TRANSFER OF ABORIGINAL LAND BY MINISTER
Division 1 - Preliminary
Division 2 - Vesting and transfer of land
- 89 Vesting of land in the State
- 90 How land is held by the State
- 91 Minister to transfer land as soon as practicable
- 92 Transfer to registered native title body corporate to hold for native title holders
- 93 Transfer to entity to hold for benefit of Aboriginal people
- 94 Procedure for transferring land
- 95 Effect of gazette notice about transfer
Division 3 - Notices to registrar
- 96 Notice about land
PART 9 - GENERAL PROVISIONS FOR DEALING WITH ABORIGINAL LAND
Division 1 - Trustee’s power to deal with Aboriginal land
- 97 Power to deal with Aboriginal land 98. (Repealed) 99. (Repealed)
Division 2 - Sale or mortgage prohibited
- 100 Prohibition on sale or mortgage of Aboriginal land
Division 3 - (Repealed)
Division 4 - Transfer of Aboriginal land by trustee
Subdivision 1 - Land held other than by CATSI corporation- 103 Application of sdiv 1
- 104 Transfer of Aboriginal land
- 105 Application for approval to transfer
- 106 Minister’s approval to transfer
- 107 Effect of gazette notice about transfer Subdivision 2 - Land held by CATSI corporation
- 108 Application of sdiv 2
- 109 Transfer of Aboriginal land
- 110 Application for approval to transfer
- 111 Minister’s approval to transfer
- 112 Effect of gazette notice about transfer Subdivision 3 - Exemption from fees and charges
- 113 Exemption
Division 5 - Land in Cape York Peninsula Region
- 114 Dealing with Aboriginal land in Cape York Peninsula Region
Division 6 - Other matters
- 115 Trustee to advise chief executive of change to description of land
- 116 Particular dealings in Aboriginal land void
- 117 Provision about resumption of Aboriginal land etc.
- 118 Devolution of granted land
PART 10 - LEASING OF ABORIGINAL LAND
Division 1 - Definitions
- 119 Definitions for pt 10
Division 2 - Grant of leases for Aboriginal land
Division 3 - Common provisions for part 10 leases
- 122 General conditions of particular leases
- 123 Option to renew particular lease
- 124 Transfer of lease
- 125 Lease etc. to be registered
Division 4 - Home ownership leases
Subdivision 1 - Conditions and requirements- 126 General conditions and requirements
- 127 Additional requirement if dwelling situated on land
- 128 Additional conditions and requirements for social housing dwelling Subdivision 2 - Forfeiture
- 129 Grounds for forfeiture
- 130 Referral to Land Court for forfeiture
- 131 Lessor’s options if Land Court decides lease may be forfeited
- 132 Notice and effect of forfeiture
- 133 Extension of term of lease if proposed forfeiture Subdivision 3 - Renewal
- 134 Application to renew lease
- 135 Notice of expiry of lease
- 136 Lessor to consider and decide application
- 137 Decision to renew lease
- 138 Lessor may decide not to renew lease
- 139 Notice about decision not to renew lease
- 140 Extension of term of lease if application for renewal Subdivision 4 - General matters about forfeiture or non-renewal of home ownership leases
- 141 Right to remove improvements if lease forfeited or not renewed
- 142 Payment by lessor if lease forfeited or not renewed
- 143 Unclaimed amount
- 144 Amount owing to lessor or mortgagee
- 145 Payment of amount to mortgagee in discharge of mortgage Subdivision 5 - Miscellaneous
- 146 Exemption from fees and charges
- 147 Beneficiary to home ownership lease
Division 5 - Townsite leases
Subdivision 1 - Restriction on grant- 148 Minister’s consent for grant of townsite lease Subdivision 2 - Requirements for Minister’s consent
- 149 General requirements for Minister’s consent Subdivision 3 - Provisions about dealing with townsite leases
- 150 Transfer or amendment of townsite lease
- 151 Surrender of townsite lease
- 152 No forfeiture of townsite lease Subdivision 4 - Effect of townsite lease on existing interests
- 153 Lessee of townsite lease taken to be lessor of existing leases
Division 6 - (Repealed)
Division 7 - (Repealed)
PART 11 - INDIGENOUS MANAGEMENT AGREEMENTS AND LAND IN CAPE YORK PENINSULA REGION, NORTH STRADBROKE ISLAND REGION AND ON MORETON ISLAND
Division 1 - Indigenous management agreements
- 169 Entering into indigenous management agreement
- 170 Requirements for indigenous management agreement
- 171 Amending indigenous management agreement
- 172 Recording of indigenous management agreement
Division 2 - Protected areas in Cape York Peninsula Region
- 173 Requirements about grant of prescribed protected areas in Cape York Peninsula Region
- 174 Prescribed protected areas are transferable land
Division 3 - Protected areas in North Stradbroke Island Region
- 175 Requirement about grant of prescribed protected areas in North Stradbroke Island Region
Division 4 - Protected areas on Moreton Island
- 175A Prescribed protected areas on Moreton Island are transferable land
- 175B Requirement about grant of prescribed protected areas on Moreton Island
PART 12 - PROVISIONS ABOUT PARTICULAR CLAIMABLE LAND
- 176 Particular claimable land taken to be transferable land
- 177 Claimable land recommended for grant taken to be transferable land
PART 13 - DECISION-MAKING PROCESS
PART 14 - PROVISIONS ABOUT MORTGAGES OF LEASES OVER ABORIGINAL LAND
Division 1 - Preliminary
- 180 Definitions for pt 14
- 181 Application of pt 14
Division 2 - Mortgages of leases over Aboriginal land
- 182 Provision about entering into possession of, and selling, lease
- 183 How lessor deals with proceeds of sale
PART 15 - LEASING OF ABORIGINAL TRUST LAND
Division 1 - Preliminary
- 184 Definitions for pt 15
- 185 Relationship with Land Act
Division 2 - Leases
- 186 Trustee (Aboriginal) leases
- 187 Amending trustee (Aboriginal) lease
- 188 Mortgage of trustee (Aboriginal) lease
- 189 Surrender of trustee (Aboriginal) lease
Division 3 - (Repealed)
PART 16 - SPECIAL PROVISIONS ABOUT PRESCRIBED DOGIT LAND AND PRESCRIBED RESERVE LAND
Division 1 - Prescribed DOGIT land
- 192 Application of div 1
- 193 Prescribed DOGIT land may be granted under this Act
- 194 Minister to consult before grant of land
- 195 Application of general provisions
- 196 Application of provisions for grant of land
Division 2 - Prescribed reserve land
PART 17 - OCCUPATION AND USE OF ABORIGINAL LAND BY THE STATE OR COMMONWEALTH
PART 18 - MINING
- 202 Application of Mineral Resources Act 1989
- 203 Royalties in relation to mining on Aboriginal land
PART 19 - THE LAND TRIBUNAL
Division 1 - Establishment and membership
- 204 Land Tribunal
- 205 Appointment of members
- 206 Qualifications for appointment
- 207 Term of appointment
- 208 Terms and conditions of appointment
- 209 Preservation of rights
- 210 Leave of absence
- 211 Resignation
- 212 Disclosure of interests
- 213 Termination of appointment
- 214 Acting chairperson
Division 2 - Organisation of tribunal
- 215 Arrangement of business
- 216 Constitution of tribunal
- 217 Member presiding
- 218 Member of tribunal ceasing to be available
- 219 Sitting places
Division 3 - Conduct of proceedings before tribunal
- 220 Parties to proceeding before tribunal
- 221 Tribunal to determine who are interested persons
- 222 Representation before tribunal
- 223 Procedure of tribunal
- 224 Conferences
- 225 Hearings to be in public except in special circumstances
- 226 Opportunity to make submissions
- 227 Particular powers of tribunal
- 228 Manner in which questions to be decided
- 229 Power of tribunal to dismiss claim or strike out party
- 230 Tribunal may order that particular claimable land is transferable land
- 231 General powers
- 232 Reasons to be given by tribunal
- 233 Appeals to Land Appeal Court from decisions of tribunal
- 234 Reference of questions of law to Land Appeal Court
- 235 Evidence and other findings in other proceedings
- 236 Protection of members etc.
- 237 Continuing authority of member
- 238 Failure of witness to attend
- 239 Refusal of witness to be sworn or to answer questions
- 240 Obstructing tribunal etc.
- 241 Allowances for witnesses
Division 4 - Miscellaneous
- 242 Management of administrative affairs of tribunal
- 243 Staff of tribunal employed under Public Sector Act 2022
- 244 Consultants to tribunal
- 245 Annual report
- 246 Delegation of powers by chairperson
PART 20 - PROVISIONS ABOUT LAND TRUSTS
Division 1 - Preliminary
- 247 Composition of land trust
- 248 Nature of land trust
- 249 Function and powers of land trust
- 249A Name of land trust
Division 2 - Appointment, removal and suspension of members of land trusts
Subdivision 1 - Appointment of members- 250 Minister may appoint member
- 250A Land trust may appoint member Subdivision 2 - Grounds for removal or suspension of members
- 251 Grounds for removal or suspension of member Subdivision 3 - Removal or suspension of members by Minister
- 252 Show cause notice
- 253 Representations about show cause notice
- 254 Ending show cause process without further action
- 255 Removing or suspending member
- 255A Effect of removing member on other land trust membership
- 256 Immediate suspension of member Subdivision 4 - Removal or suspension of members by land trust
- 257 Proposed removal or suspension approved by resolution and show cause notice
- 257A Representations about show cause notice
- 257B Land trust decisions about removal or suspension of member
- 257C Decisions about removal or suspension of member referred to land trust general meeting
- 257D Action after decision about removal or suspension of member
- 257E Immediate suspension of member
- 257F Limitation on land trust’s power about suspension of member Subdivision 5 - Information about appointment, removal or resignation of members
- 257G Information about appointment, removal or resignation of members
Division 3 - Recording information about compliance with Act
- 258 Particular information to be recorded in register
Division 4 - Land trusts to give information to chief executive
- 259 Definition for div 4
- 260 Power to require particular information
Division 5 - Freezing accounts of land trusts
- 261 Definitions for div 5
- 262 Freezing land trust’s accounts
- 263 Financial institution must comply with direction
- 264 Withdrawal of direction
Division 6 - Miscellaneous
- 265 Chief executive may prepare model rules
- 265A Resolution of executive committee without meeting
- 266 Provision about vesting of Aboriginal land
PART 21 - APPLICATION OF TRUSTS ACT 1973
Division 1 - Preliminary
- 267 Application of Trusts Act 1973
- 268 Functions and powers of land trust under Trusts Act 1973
Division 2 - Powers of Supreme Court
- 269 Jurisdiction of Supreme Court
- 270 Power of court to relieve member of land trust from personal liability
- 271 Court may order beneficiary to indemnify for certain breaches
- 272 Right of land trust or member to apply to court for directions
- 273 Court’s jurisdiction to make orders conferring power on land trust or members
- 274 Protection of land trust or member while acting under direction of court
- 275 Power of Supreme Court to make orders in absence of member
- 276 Power of Supreme Court to charge costs on trust property
PART 22 - APPEALS
- 277 Who may appeal
- 278 Starting appeal
- 279 Nature of appeal
- 280 Notice of appeal
- 281 Powers of Land Court on appeal
PART 23 - MISCELLANEOUS
- 282 Creation of interests in transferable and claimable land
- 283 Rights of access to interests preserved
- 284 National park subject to lease to State etc.
- 285 Persons and bodies representing State or Commonwealth
- 286 Delegation by Minister
- 287 Amendment of description of land
- 288 Dealing with particular trust property
- 289 Register of particular declarations
- 290 Survey costs etc. to be paid by State
- 291 Application of Financial Accountability Act 2009
- 292 Confirmation of status of particular land
- 293 Approval of forms
- 294 Regulation-making power
PART 24 - VALIDATION PROVISIONS
- 295 Existing conservation agreements
- 296 Existing interest in transferable land
- 297 Retrospective validation of dealings with trustee (Aboriginal) lease
- 298 Former Aurukun Shire lease land continues to be transferable land
- 298A Validation of creation of particular interests in transferable land
PART 25 - TRANSITIONAL PROVISIONS
Division 1 - (Repealed)
Division 2 - Transitional provisions for Aboriginal and Torres Strait Islander Land Amendment Act 2008
Subdivision 1 - Preliminary- 299 Definition for div 2 Subdivision 2 - Transitional provisions
- 300 Transferred land—change to beneficiaries
- 301 Interests in Aboriginal land continue
Division 3 - Transitional provisions for Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011
- 302 Definition for div 3
- 303 Continued operation of provisions for appointing grantees
- 304 Continued operation of provisions about land trusts
- 305 References to previous provisions after renumbering
Division 4 - Transitional provision for Land, Water and Other Legislation Amendment Act 2013
- 306 Continuation of Mornington Shire subleases
Division 5 - Transitional provisions for Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014
- 307 Definitions for div 5
- 308 Provision for existing leases
- 309 Provision for existing applications
Division 6 - Transitional provision for Natural Resources and Other Legislation Amendment Act 2019
- 310 Particular things taken to have been declared by Minister