ABORIGINAL LAND ACT 1991

Queensland Consolidated Acts

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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.
5. Meaning of native title interests
6. Crown bound

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 Island Shire lease land

Division 4--Claimable and granted land

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

Division 5--Application of laws to Aboriginal land

26. Application of laws

Part 3--Grant of transferable land as Aboriginal land

Division 1--Grant of land

27. Deeds of grant to be prepared
28. Minister to appoint trustees
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 Island 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

39. Permitted dealings with transferred land
40. Other dealings void
41. No 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
72. Interests to be endorsed on deed
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

76. Permitted dealings with granted land
77. Other dealings void
78. No 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

Division 5--National parks

83. National park subject to lease to State etc.

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. Land trust to enter into indigenous management agreement
83F. Dissolution of land trust

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

Division 1--Indigenous management agreements

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 6--Occupation and use of former Crown land by the Crown

84. Crown's use of Aboriginal land preserved
85. No rent payable by Crown
86. Access to land used by Crown

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
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
133. Persons and bodies representing Crown
134. Delegation by Minister
135. Delegation by land claims registrar
136. Amendment of description of land
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 provision

139. Existing conservation agreements

Part 11--Transitional provision for Audit Legislation Amendment Act 2006

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

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