Queensland Consolidated Acts

ABORIGINAL LAND ACT 1991

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   3.      Definitions
   4.      Aborigines particularly concerned with land etc.
   6.      Act binds all persons

           Part 2--Basic concepts

           Division 1--Aboriginal people and their traditions

   7.      Meaning of Aboriginal people
   8.      Meaning of Aborigine
   9.      Meaning of Aboriginal tradition

           Division 2--Aboriginal land

   10.     Meaning of Aboriginal land

           Division 3--Transferable and transferred land

   11.     Meaning of transferable and transferred land
   12.     Lands that are transferable lands
   13.     DOGIT land
   14.     Aboriginal reserve land
   15.     Aurukun Shire lease land
   16.     Mornington Shire lease land

           Division 3A--Declarations about particular transferable land

   16A.    Definition for div 3A
   16B.    Particular land may be declared to be not transferable land
   16C.    Notice of intention to make declaration
   16D.    Minister to consider representations and give notice of decision
   16E.    Appeal against particular decision
   16F.    Powers of Land Court on appeal
   16G.    Notice about declarations—trustee
   16H.    Notice about declarations—registrar
   16I.    Requirements about plans of subdivision for declarations under s 16B

           Division 4--Claimable and granted land

   17.     Meaning of claimable and granted land
   18.     Lands that are claimable lands

           Division 5--Available State land

   19.     Lands that are available State land—general
   20.     Beds and banks of watercourses and lakes
   21.     Tidal land
   22.     Meaning of city or town land
   23.     Meaning of township land
   24.     National parks
   25.     Lands that are not available State land

           Division 6--Application of laws to Aboriginal land

   26.     Application of laws

           Part 2A--Formal expression of interest about land

   26A.    Purpose of pt 2A
   26B.    Land to which pt 2A applies
   26C.    Expression of interest in having land made transferable land
   26D.    Chief executive to consider expression of interest
   26E.    Consideration of expression of interest does not impose obligation on State

           Part 3--Grant of transferable land as Aboriginal land

           Division 1--Grant of land

   27.     Deeds of grant to be prepared
   27A.    Appointment of registered native title body corporate as grantee
   28.     Minister to appoint particular trustees
   28A.    Procedure for appointing grantees
   28B.    Application of Trusts Act 1973
   29.     Minister to act as soon as possible
   30.     Authority to grant fee simple in transferable land
   31.     Inclusion of additional areas in deed of grant
   32.     Deed of grant takes effect on delivery
   33.     Existing interests
   34.     Interests to be endorsed on deed
   35.     Cancellation of deed of grant in trust
   36.     Cancellation of leases over Aurukun and Mornington Shire lease lands
   37.     Registrar of titles must take action etc. to resolve difficulties
   38.     Land Court may resolve difficulties

           Division 2--Dealing with transferred land
           Subdivision 1--General

   39.     Power to deal with transferred land
   40.     Requirement for consultation
   40A.    Provision about Minister's consent
   40B.    Provision about particular leases
           Subdivision 2--Sale or mortgage prohibited
   40C.    Prohibition on sale or mortgage of transferred land
           Subdivision 3--Grant of leases
   40D.    Grant of lease for transferred land
   40E.    Particular restrictions on grant of leases
   40F.    Requirements for Minister's consent—general
   40G.    Particular requirement for Minister's consent for lease for commercial purpose
   40H.    Conditions of leases—general
   40I.    Requirement for Minister's consent for creation of interest under a lease
   40J.    Leases for private residential purposes—general conditions and requirements
   40K.    Leases for private residential purposes—particular requirements if dwelling situated on land
   40L.    Renewal of lease or sublease
   40M.    Transfer or amendment of lease or sublease
   40N.    Lease, sublease and transfer, amendment or surrender of lease or sublease to be registered
           Subdivision 4--Forfeiture of particular leases
   40O.    Application of sdiv 4
   40P.    Grounds for forfeiture of lease
   40Q.    Application to Land Court for forfeiture
   40R.    Trustee's options if Land Court decides lease may be forfeited
   40S.    Notice and effect of forfeiture
   40T.    Payment by trustee for forfeited lease
   40U.    Unclaimed amounts
   40V.    Amounts owing to trustee or mortgagee to be deducted
   40W.    Payment of amount to mortgagee in discharge of mortgage
   40X.    Appeal against decision under s 40T
   40Y.    Powers of Land Court on appeal
           Subdivision 5--Grant of licences
   40Z.    Grant of licence for transferred land
   40ZA.   Conditions of licences
           Subdivision 6--Transfer of land held by land trust
   40ZB.   Application of sdiv 6
   40ZC.   Transfer of transferred land held by land trust
   40ZD.   Application for approval to transfer
   40ZE.   Minister's approval to transfer
   40ZF.   Effect of gazette notice about transfer
           Subdivision 7--Transfer of land held by registered native title body corporate
   40ZG.   Transfer of transferred land held by registered native title body corporate
           Subdivision 8--Land in Cape York Peninsula Region
   40ZH.   Dealing with particular transferred land in Cape York Peninsula Region
           Subdivision 9--Other matters
   40ZI.   Trustee to advise chief executive of change to description of land
   40ZJ.   Particular dealings in transferred land void
   41.     Provision about resumption of transferred land etc.

           Division 3--Reservations

   42.     Reservations of minerals and petroleum
   43.     Reservations of forest products and quarry material etc.

           Part 4--Claims for claimable land

           Division 1--Requirements for claims

   44.     Duly made claims
   45.     Who may make a claim
   46.     Grounds on which claim may be made
   47.     How claim is to be made
   48.     Time limit for making of claims

           Division 2--Determination of claims

   49.     Registrar to determine whether claim duly made
   50.     Tribunal to notify making of claims
   51.     Joint hearing of claims
   52.     Repeat claims
   53.     Establishment of claim on ground of traditional affiliation
   54.     Establishment of claim on ground of historical association
   55.     Establishment of claim on ground of economic or cultural viability
   56.     Claim may be established for only part of land claimed
   57.     Claim may be established on more than 1 ground
   58.     Time at which it is to be determined whether land is claimable land
   59.     Amendment of claim
   60.     Recommendation to Minister
   61.     Resolution of conflicting claims
   62.     Notification of parties

           Part 5--Grant of claimable land as Aboriginal land

           Division 1--Grant of land

   63.     Deeds of grant to be prepared
   64.     Leases to be prepared
   65.     Minister to appoint trustees
   66.     Authority to grant fee simple in, or lease of, claimable land
   67.     Inclusion of additional areas in deed of grant
   68.     Signing of lease etc.
   69.     Deed of grant takes effect on delivery
   70.     Lease commences on delivery
   71.     Existing interests
   73.     Cancellation of existing deed of grant
   74.     Registrar of titles must take action etc. to resolve difficulties
   75.     Land Court may resolve difficulties

           Division 2--Dealing with granted land
           Subdivision 1--General

   76.     Power to deal with granted land
   77.     Requirement for consultation
   77A.    Provision about Minister's consent
   77B.    Provision about particular leases
           Subdivision 2--Sale or mortgage prohibited
   77C.    Prohibition on sale or mortgage of granted land and sale of Aboriginal lease
           Subdivision 3--Grant of leases
   77D.    Grant of lease for granted land
   77E.    Particular restrictions on grant of leases
   77F.    Requirements for Minister's consent—general
   77G.    Particular requirement for Minister's consent for lease for commercial purpose
   77H.    Conditions of leases—general
   77I.    Requirement for Minister's consent for creation of interest under a lease
   77J.    Leases for private residential purposes—general conditions and requirements
   77K.    Leases for private residential purposes—particular requirements if dwelling situated on land
   77L.    Renewal of lease or sublease
   77M.    Transfer or amendment of lease or sublease
   77N.    Lease, sublease and transfer, amendment or surrender of lease or sublease to be registered
           Subdivision 4--Forfeiture of particular leases
   77O.    Application of sdiv 4
   77P.    Grounds for forfeiture of lease
   77Q.    Application to Land Court for forfeiture
   77R.    Trustee's options if Land Court decides lease may be forfeited
   77S.    Notice and effect of forfeiture
   77T.    Payment by trustee for forfeited lease
   77U.    Unclaimed amounts
   77V.    Amounts owing to trustee or mortgagee to be deducted
   77W.    Payment of amount to mortgagee in discharge of mortgage
   77X.    Appeal against decision under s 77T
   77Y.    Powers of Land Court on appeal
           Subdivision 5--Grant of licences
   77Z.    Grant of licence for granted land
   77ZA.   Conditions of licences
           Subdivision 6--Transfer of land
   77ZB.   Transfer of granted land
   77ZC.   Application for approval to transfer
   77ZD.   Minister's approval to transfer
   77ZE.   Effect of gazette notice about transfer
           Subdivision 7--Land in Cape York Peninsula Region
   77ZF.   Dealing with particular granted land in Cape York Peninsula Region
           Subdivision 8--Other matters
   77ZG.   Trustee to advise chief executive of change to description of land
   77ZH.   Particular dealings in granted land void
   78.     Provision about resumption of granted land etc.
   79.     Devolution of granted land

           Division 3--Reservations

   80.     Reservations of minerals and petroleum
   81.     Reservations of forest products and quarry material etc.

           Division 4--Access to coastal land

   82.     Rights of access preserved

           Part 5A--Provisions about particular land trusts

   83A.    Minister may establish land trust before grant of land
   83B.    Purpose of establishing land trust
   83C.    Application of particular provisions
   83D.    Notice about land trust
   83E.    Dissolution of land trust

           Part 5B--Indigenous management agreements and national parks in Cape York Peninsula Region

           Division 1--Indigenous management agreements

   83F.    Entering into indigenous management agreement
   83G.    Requirements for indigenous management agreement
   83H.    Amending indigenous management agreement
   83I.    Recording of indigenous management agreement

           Division 2--National parks in Cape York Peninsula Region

   83J.    Requirements about grant of national parks in Cape York Peninsula Region
   83K.    Particular national parks taken to be transferable land

           Part 5C--Provision about particular claimable land

   83L.    Particular claimable land taken to be transferable land

           Part 5D--Decision making process

   83M.    When agreement of Aboriginal people is given
   83N.    Decision making by trustee

           Part 5E--Provisions about mortgages of leases over Aboriginal land

   83O.    Application of pt 5E
   83P.    Provisions about entering into possession, and selling, lease
   83Q.    How trustee deals with proceeds of sale

           Part 5F--Leasing of Aboriginal trust land

           Division 1--Preliminary

   83R.    Definitions for pt 5F
   83S.    Relationship with Land Act

           Division 2--Leases

   83T.    Trustee (Aboriginal) leases
   83U.    Amending trustee (Aboriginal) lease
   83V.    Mortgage of trustee (Aboriginal) lease
   83W.    Surrender of trustee (Aboriginal) lease

           Division 3--Other matters

   83X.    Trustee to advise about ending of particular lease for commercial purpose
   83Y.    Recording information about land

           Part 6--Occupation and use of Aboriginal land by the State or Commonwealth

   84.     Use of Aboriginal land preserved
   85.     No rent payable
   86.     Access to land

           Part 7--Mining

   87.     Application of Mineral Resources Act
   88.     Royalties in relation to mining on Aboriginal land

           Part 8--The Land Tribunal

           Division 1--Establishment and membership

   89.     Land Tribunal
   90.     Appointment of members
   91.     Qualifications for appointment
   92.     Term of appointment
   93.     Terms and conditions of appointment
   94.     Preservation of rights
   95.     Leave of absence
   96.     Resignation
   97.     Disclosure of interests
   98.     Termination of appointment
   99.     Acting chairperson

           Division 2--Organisation of tribunal

   100.    Arrangement of business
   101.    Constitution of tribunal
   102.    Member presiding
   103.    Member of tribunal ceasing to be available
   104.    Sitting places

           Division 3--Conduct of proceedings before tribunal

   105.    Parties to proceeding before tribunal
   106.    Tribunal to determine who are interested persons
   107.    Representation before tribunal
   108.    Procedure of tribunal
   109.    Conferences
   110.    Hearings to be in public except in special circumstances
   111.    Opportunity to make submissions
   112.    Particular powers of tribunal
   113.    Manner in which questions to be decided
   114.    Power of tribunal to dismiss claim or strike out party
   114A.   Tribunal may order that particular claimable land is transferable land
   115.    General powers
   116.    Reasons to be given by tribunal
   117.    Appeals to Land Appeal Court from decisions of tribunal
   118.    Reference of questions of law to Land Appeal Court
   119.    Evidence and other findings in other proceedings
   120.    Protection of members etc.
   121.    Continuing authority of member
   122.    Failure of witness to attend
   123.    Refusal of witness to be sworn or to answer questions
   124.    Obstructing tribunal etc.
   125.    Allowances for witnesses

           Division 4--Miscellaneous

   126.    Management of administrative affairs of tribunal
   127.    Staff of tribunal employed under Public Service Act
   128.    Consultants to tribunal
   129.    Annual report
   130.    Delegation of powers by chairperson

           Part 9--Miscellaneous

   131.    Creation of interests in transferable and claimable land
   132.    Rights of access to interests preserved
   132A.   National park subject to lease to State etc.
   133.    Persons and bodies representing State or Commonwealth
   134.    Delegation by Minister
   135.    Delegation by land claims registrar
   136.    Amendment of description of land
   136A.   Dealing with particular trust property
   136B.   Application of Residential Tenancies Act 1994
   137.    Survey costs etc. to be paid by State
   137A.   Application of Financial Administration and Audit Act 1977
   137AB.  Confirmation of status of particular land
   137B.   Approval of forms
   138.    Regulation-making power

           Part 10--Validation provisions

   139.    Existing conservation agreements
   139A.   Existing interest in transferable land

           Part 11--Transitional provisions

           Division 1--Transitional provision for Audit Legislation Amendment Act 2006

   140.    Further amendment, or repeal, of Aboriginal Land Regulation 1991

           Division 2--Transitional provisions for Aboriginal and Torres Strait Islander Land Amendment Act 2008
           Subdivision 1--Preliminary

   141.    Definition for div 2
           Subdivision 2--Transitional provisions
   142.    Transferred land—change to beneficiaries
   143.    Interests in Aboriginal land continue
           SCHEDULE -- DICTIONARY
           Endnotes