Queensland Consolidated Acts

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Aboriginal Land Act 1991


TABLE OF PROVISIONS

           Contents

           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

   5.      Meaning of Aboriginal people
   6.      Meaning of Aborigine
   7.      Meaning of Aboriginal tradition

           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

           Division 4--Declarations about particular transferable land

   15.     Definition for div 4
   16.     Particular land may be declared to be not transferable land
   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

   22.     Meaning of claimable and granted land
   23.     Land that is claimable 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
   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
   47.     Cancellation of deed of grant in trust
   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

           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

   87.     Purpose of pt 8
   88.     Application of pt 8

           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

           Division 2--Sale or mortgage prohibited

   100.    Prohibition on sale or mortgage of Aboriginal land

           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

   120.    Grant of lease by trustee of Aboriginal land
   121.    Grant of lease by lessee of townsite lease

           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

           Part 11--Indigenous management agreements and land in Cape York Peninsula Region and North Stradbroke Island Region

           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

           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

   178.    When agreement of Aboriginal people is given
   179.    Decision-making by trustee

           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

           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

   197.    Meaning of prescribed reserve land
   198.    Application of particular provisions

           Part 17--Occupation and use of Aboriginal land by the State or Commonwealth

   199.    Use of Aboriginal land preserved
   200.    No rent payable
   201.    Access to land

           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 Service Act 2008
   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

           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
   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

           Part 25--Transitional provisions

           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
           SCHEDULE 1--DICTIONARY


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