Queensland Consolidated Acts Queensland Consolidated Acts(1) If transferable land was, immediately before becoming Aboriginal land under this division, subject to an interest or benefited by an easement, the interest continues in force or the land continues to be benefited by the easement.
(2) Without limiting subsection (1), if transferable land was, immediately before becoming Aboriginal land under this division, the subject of--
(a) a lease granted under the Aborigines and Torres Strait Islanders (Land Holding) Act 1985; or
(b) a lease under the Land Act;
the trustee of the land is, by operation of this section, substituted for the lessor as a party to the lease.
(3) The terms of a lease mentioned in subsection (2) are not affected by the operation of this section, section 34 or any other provision of this Act and, for the purposes of those terms, the Land Act continues to apply to a lease under that Act, with all necessary modifications and such modifications as are prescribed, as if the lease continued to be such a lease and the trustee of the land were the lessor.
(4) In this section--
interest includes native title, but does not include an interest in favour of the State or Commonwealth that is not registered.