Queensland Consolidated Acts

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ABORIGINAL LAND ACT 1991 - SECT 40F

40F Requirements for Minister's consent--general

(1) A person seeking the Minister's consent to the grant of a lease must give the Minister the information or documents reasonably required by the Minister to show--

(a) the purpose of the lease; and
(b) that the grant of the lease is for the benefit of persons for whom the trustee holds the land; and
(c) if the lease is for more than 30 years--that the grant of the lease for more than 30 years is appropriate in the circumstances.

(2) Also, a person seeking the Minister's consent to the grant of a lease for more than 30 years for a commercial purpose must give the Minister--

(a) a business plan outlining the details of the commercial purpose of the lease, including, for example, financial details about any proposed development under the lease; and
(b) evidence to show that an appropriate return on the investment for the commercial purpose can not be obtained under a lease for not more than 30 years; and
(c) other information or documents reasonably required by the Minister to show the purpose of the lease.

(3) In considering whether to give consent to the grant of a lease, the Minister--

(a) must have regard to the information or documents given to the Minister under subsection (1) or (2); and
(b) may have regard to other information the Minister considers relevant to the proposed lease.

(4) Before giving consent to the grant of a lease for more than 30 years, the Minister must be satisfied--

(a) the trustee has complied with section 40(1)(a) in relation to the lease; and
(b) the Aboriginal people particularly concerned with the lease land are generally in agreement with the grant of the lease.


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