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ABORIGINAL LAND ACT 1991 - As at 1 March 2023 - Act 32 of 1991

- As at 1 March 2023 - Act 32 of 1991

Table of Provisions

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
  • 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 (Repealed) 14. (Repealed)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 (Repealed) 16F. (Repealed)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

  • 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
  • 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 (Repealed)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

Division 2 - Basic concepts

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

  • 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
  • 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

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

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

  • 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

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

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

  • 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

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

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

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

PART 26 - (Expired)

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