TORRES STRAIT ISLANDER LAND ACT 1991 - As at 18 June 2021 - Act 33 of 1991

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title
• 2 Definitions
• 3 Torres Strait Islanders particularly concerned with land etc.
• 4 Acts binds all persons

PART 2 - BASIC CONCEPTS

Division 1 - Torres Strait Islanders and their customs

• 5 Meaning of Torres Strait Islander
5.21. (Repealed)
• 6 Meaning of Island custom

Division 2 - Torres Strait Islander land

• 7 Meaning of Torres Strait Islander land

Division 3 - Transferable and transferred land

• 8 Meaning of transferable and transferred land
• 9 Lands that are transferable lands
9.05. (Repealed) 9.09. (Repealed) 9.11. (Repealed)
• 10 DOGIT land
• 11 Torres Strait Islander reserve land

Division 4 - Declarations about particular transferable land

• 12 Definition for div 4
• 13 Particular land may be declared to be not transferable land
13E. (Repealed) 13F. (Repealed)
• 14 Notice of intention to make declaration
• 15 Minister to consider representations and give notice of decision
• 16 Notice about declarations—trustee
• 17 Notice about declarations—registrar
• 18 Requirements about plans of subdivision for declarations

Division 5 - Available State land

• 19 Land that is available State land—general
• 20 Agreement about particular land
• 21 Watercourses and lakes
• 22 Tidal land
• 23 Meaning of city or town land
• 24 Meaning of township land
• 25 National parks
• 26 Land that is not available State land
26A. (Repealed)
• 27 Torres Strait area

Division 6 - Application of laws to Torres Strait Islander land

• 28 Application of laws

PART 2A - PROVIDING FREEHOLD

Division 1 - Preliminary

• 28A Overview

Division 2 - Basic concepts

• 28B Definitions for pt 2A

Division 3 - Approval for grant of available land

• 28C Approval for grant of available land

Division 4 - Freehold instruments

• 28D Trustee may make freehold instrument
• 28E Trustee may have only 1 freehold instrument
Subdivision 2 - Making, amending or repealing freehold instruments
• 28F Definition for sdiv 2
• 28G Application of sdiv 2
• 28H Minister to make and publish guideline
• 28l Trustee to consult
• 28J Trustee to give freehold instrument to Minister or local government
• 28K Local government to follow process in guideline
• 28L Minister may approve
• 28M Amending or repealing freehold instrument
Subdivision 3 - Other provisions about freehold instruments
• 28N Effect of freehold instrument
• 28O Relationship with planning scheme

Division 5 - Allocation process for available land—interest holder

• 28P Application of div 5
• 28Q Application for available land
• 28R Dwelling on available land
• 28S Decision on application
• 28T Offer to allocate available land
• 28U Acceptance and refusal of offer
• 28V Cooling-off period to apply to acceptance
• 28W When offer ends
• 28X Allocation of available land to eligible person

Division 6 - Allocation process for available land if no interest holder

• 28Y Application of div 6
• 28Z Public notice of intention to allocate available land
• 28ZA Information to be included in allocation notice
• 28ZB Probity advisor
• 28ZC Decision on application to participate in allocation process
• 28ZD Notice of allocation of available land
• 28ZE How and when trustee may allocate
• 28ZF Allocation of available land
• 28ZG Deposits

Division 7 - Miscellaneous

• 28ZH Continuation of mortgages and easements
• 28ZI Cancellation of deeds of grant in trust, reserves etc.

PART 3 - FORMAL EXPRESSION OF INTEREST ABOUT LAND

• 29 Purpose of pt 3
• 30 Land to which pt 3 applies
• 31 Expression of interest in having land made transferable land
• 32 Chief executive to consider expression of interest
• 33 Consideration of expression of interest does not impose obligation on State

PART 4 - GRANT OF TRANSFERABLE LAND AS TORRES STRAIT ISLANDER LAND

Division 1 - Grant of land

• 34 Deeds of grant to be prepared
• 35 Appointment of registered native title body corporate as grantee to hold land for native title holders
• 36 Appointment of grantee to hold land for benefit of Torres Strait Islanders
• 37 Procedure for appointing particular grantee
37A. (Repealed) 37B. (Repealed) 37C. (Repealed) 37D. (Repealed) 37E. (Repealed) 37F. (Repealed) 37G. (Repealed) 37H. (Repealed) 37I. (Repealed) 37J. (Repealed) 37K. (Repealed) 37L. (Repealed) 37M. (Repealed) 37N. (Repealed) 37O. (Repealed) 37P. (Repealed) 37Q. (Repealed) 37R. (Repealed) 37S. (Repealed) 37T. (Repealed) 37U. (Repealed) 37V. (Repealed) 37W. (Repealed) 37X. (Repealed) 37Y. (Repealed) 37Z. (Repealed) 37ZA. (Repealed) 37ZB. (Repealed) 37ZC. (Repealed) 37ZD. (Repealed)
• 38 Minister to act as soon as possible
• 39 Authority to grant fee simple in transferable land
• 40 Deed of grant takes effect on delivery
• 41 Existing interests
• 41A Existing interests held by local government
42. (Repealed)
• 43 Cancellation of deed of grant in trust
• 44 Land Court may resolve difficulties

Division 2 - Approvals to change how land is held

• 45 Application to hold Torres Strait Islander land for native title holders
• 46 Decision on application
• 47 Notices about decision
• 48 Effect of gazette notice

Division 3 - Reservations

• 49 Resource reservations under other Acts
• 50 Reservations of forest products and quarry material etc.

PART 5 - REGISTER OF ENTITIES HOLDING TORRES STRAIT ISLANDER LAND

• 51 Keeping register of entities holding Torres Strait Islander land
• 52 Giving information for register to the chief executive
• 53 Obtaining information in register

PART 6 - TRANSFER OF TORRES STRAIT ISLANDER LAND BY MINISTER

Division 1 - Preliminary

• 54 Purpose of pt 6
• 55 Application of pt 6

Division 2 - Vesting and transfer of land

• 56 Vesting of land in the State
• 57 How land is held by the State
• 58 Minister to transfer land as soon as practicable
• 59 Transfer to registered native title body corporate to hold for native title holders
• 60 Transfer to entity to hold for benefit of Torres Strait Islanders
• 61 Procedure for transferring land
• 62 Effect of gazette notice about transfer

Division 3 - Notices to registrar

• 63 Notice about land

PART 7 - GENERAL PROVISIONS FOR DEALING WITH TORRES STRAIT ISLANDER LAND

Division 1 - Trustee’s power to deal with Torres Strait Islander land

• 64 Power to deal with Torres Strait Islander land
65. (Repealed) 66. (Repealed)

Division 2 - Sale or mortgage prohibited

• 67 Prohibition on sale or mortgage of Torres Strait Islander land

Division 3 - (Repealed)

Division 4 - Transfer of Torres Strait Islander land by trustee

• 70 Application of sdiv 1
• 71 Transfer of Torres Strait Islander land
• 72 Application for approval to transfer
• 73 Minister’s approval to transfer
• 74 Effect of gazette notice about transfer
Subdivision 2 - Land held by CATSI corporation
• 75 Application of sdiv 2
• 76 Transfer of Torres Strait Islander land
• 77 Application for approval to transfer
• 78 Minister’s approval to transfer
• 79 Effect of gazette notice about transfer
Subdivision 3 - Exemption from fees and charges
• 80 Exemption

Division 5 - Other matters

• 81 Trustee to advise chief executive of change to description of land
• 82 Particular dealings in Torres Strait Islander land void
• 83 Provision about resumption of Torres Strait Islander land etc.

PART 8 - LEASING OF TORRES STRAIT ISLANDER LAND

Division 1 - Definitions

• 84 Definitions for pt 8

Division 2 - Grant of leases for Torres Strait Islander land

• 85 Grant of lease by trustee of Torres Strait Islander land
• 86 Grant of lease by lessee of townsite lease

Division 3 - Common provisions for part 8 leases

• 87 General conditions of particular leases
• 88 Option to renew particular lease
• 89 Transfer of lease
• 90 Lease etc. to be registered

Division 4 - Home ownership leases

• 91 General conditions and requirements
• 92 Additional requirement if dwelling situated on land
• 93 Additional conditions and requirements for social housing dwelling
Subdivision 2 - Forfeiture
• 94 Grounds for forfeiture
• 95 Referral to Land Court for forfeiture
• 96 Lessor’s options if Land Court decides lease may be forfeited
• 97 Notice and effect of forfeiture
• 98 Extension of term of lease if proposed forfeiture
Subdivision 3 - Renewal
• 99 Application to renew lease
• 100 Notice of expiry of lease
• 101 Lessor to consider and decide application
• 102 Decision to renew lease
• 103 Lessor may decide not to renew lease
• 104 Notice about decision not to renew lease
• 105 Extension of term of lease if application for renewal
Subdivision 4 - General matters about forfeiture or non-renewal of home ownership leases
• 106 Right to remove improvements if lease forfeited or not renewed
• 107 Payment by lessor if lease forfeited or not renewed
• 108 Unclaimed amount
• 109 Amount owing to lessor or mortgagee
• 110 Payment of amount to mortgagee in discharge of mortgage
Subdivision 5 - Miscellaneous
• 111 Exemption from fees and charges
• 112 Beneficiary to home ownership lease

Division 5 - Townsite leases

• 113 Minister’s consent for grant of townsite lease
Subdivision 2 - Requirements for Minister’s consent
• 114 General requirements for Minister’s consent
Subdivision 3 - Provisions about dealing with townsite leases
• 115 Transfer or amendment of townsite lease
• 116 Surrender of townsite lease
• 117 No forfeiture of townsite lease
Subdivision 4 - Effect of townsite lease on existing interests
• 118 Lessee of townsite lease taken to be lessor of existing leases

Division 6 - (Repealed)

Division 7 - (Repealed)

PART 9 - DECISION-MAKING PROCESS

• 134 When agreement of Torres Strait Islanders is given
• 135 Decision-making by trustee

PART 10 - PROVISIONS ABOUT MORTGAGES OF LEASES OVER TORRES STRAIT ISLANDER LAND

Division 1 - Preliminary

• 136 Definitions for pt 10
• 137 Application of pt 10

Division 2 - Mortgages of leases over Torres Strait Islander land

• 138 Provisions about entering into possession, and selling, lease
• 139 How lessor deals with proceeds of sale

PART 11 - LEASING OF TORRES STRAIT ISLANDER TRUST LAND

Division 1 - Preliminary

• 140 Definitions for pt 11
• 141 Relationship with Land Act

Division 2 - Leases

• 142 Trustee (Torres Strait Islander) leases
• 143 Amending trustee (Torres Strait Islander) lease
• 144 Mortgage of trustee (Torres Strait Islander) lease
• 145 Surrender of trustee (Torres Strait Islander) lease

Division 3 - (Repealed)

PART 12 - OCCUPATION AND USE OF TORRES STRAIT ISLANDER LAND BY THE STATE OR COMMONWEALTH

• 148 Use of Torres Strait Islander land preserved
• 149 No rent payable
• 150 Access to land

PART 13 - MINING

• 151 Application of Mineral Resources Act 1989
• 152 Royalties in relation to mining on Torres Strait Islander land

PART 14 - PROVISIONS ABOUT LAND TRUSTS

Division 1 - Preliminary

• 153 Composition of land trust
• 154 Nature of land trust
• 155 Function and powers of land trust
• 155A Name of land trust

Division 2 - Appointment, removal and suspension of members of land trusts

• 156 Minister may appoint member
• 156A Land trust may appoint member
Subdivision 2 - Grounds for removal or suspension of members
• 157 Grounds for removal or suspension of member
Subdivision 3 - Removal or suspension of members by Minister
• 158 Show cause notice
• 159 Representations about show cause notice
• 160 Ending show cause process without further action
• 161 Removing or suspending member
• 161A Effect of removing member on other land trust membership
• 162 Immediate suspension of member
Subdivision 4 - Removal or suspension of members by land trust
• 163 Proposed removal or suspension approved by resolution and show cause notice
• 163A Representations about show cause notice
• 163B Land trust decisions about removal or suspension of member
• 163C Decisions about removal or suspension of member referred to land trust general meeting
• 163D Action after decision about removal or suspension of member
• 163E Immediate suspension of member
• 163F Limitation on land trust’s power about suspension of member
Subdivision 5 - Information about appointment, removal or resignation of members
• 163G Information about appointment, removal or resignation of members

Division 3 - Recording information about compliance with Act

• 164 Particular information to be recorded in register

Division 4 - Land trusts to give information to chief executive

• 165 Definition for div 4
• 166 Power to require particular information

Division 5 - Freezing accounts of land trust

• 167 Definitions for div 5
• 168 Freezing land trust’s accounts
• 169 Financial institution must comply with direction
• 170 Withdrawal of direction

Division 6 - Miscellaneous

• 171 Chief executive may prepare model rules
• 171A Resolution of executive committee without meeting
• 172 Provision about vesting of Torres Strait Islander land

PART 15 - APPLICATION OF TRUSTS ACT 1973

Division 1 - Preliminary

• 173 Application of Trusts Act 1973

Division 2 - Powers of Supreme Court

• 174 Jurisdiction of Supreme Court
• 175 Power of court to relieve member of land trust from personal liability
• 176 Court may order beneficiary to indemnify for certain breaches
• 177 Right of land trust or member to apply to court for directions
• 178 Court’s jurisdiction to make orders conferring power on land trust or members
• 179 Protection of land trust or member while acting under direction of court
• 180 Power of Supreme Court to make orders in absence of member
• 181 Power of Supreme Court to charge costs on trust property

PART 16 - APPEALS

• 182 Who may appeal
• 183 Starting appeal
• 184 Nature of appeal
• 185 Notice of appeal
• 186 Powers of Land Court on appeal

PART 17 - MISCELLANEOUS

• 187 Creation of interests in transferable land
• 188 Rights of access to interests preserved
• 189 Persons and bodies representing State or Commonwealth
• 190 Delegation by Minister
• 191 Amendment of description of land
• 192 Dealing with particular trust property
• 193 Register of particular declarations
• 194 Survey costs etc. to be paid by State
• 195 Application of Financial Accountability Act 2009
• 196 Approval of forms
• 197 Regulation-making power

PART 18 - VALIDATION PROVISION

• 198 Retrospective validation of dealings with trustee (Torres Strait Islander) lease

PART 19 - TRANSITIONAL PROVISIONS

Division 1 - (Repealed)

Division 2 - Transitional provision for Aboriginal and Torres Strait Islander Land Amendment Act 2008

• 200 Interests in Torres Strait Islander land continue

Division 3 - Transitional provisions for Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011

• 201 Definitions for div 3
• 202 Torres Strait Islander land—change to beneficiaries
• 203 Continued operation of provisions for appointing grantees
• 204 References to previous provisions after renumbering

Division 4 - Transitional provisions for Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014

• 205 Definitions for div 4
• 206 Provision for existing leases
• 207 Provision for existing applications

Division 5 - Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019

• 208 Particular things taken to have been declared by Minister

PART 20 - (Repealed)

• SCHEDULE 1