TORRES STRAIT ISLANDER LAND ACT 1991

Queensland Consolidated Acts

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TORRES STRAIT ISLANDER LAND ACT 1991

TABLE OF PROVISIONS

Long Title

Contents

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
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
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
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
27. Torres Strait area

Division 6--Application of laws to Torres Strait Islander land

28. Application of laws

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
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
42. Interests to be endorsed on deed
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--Trustees power to deal with Torres Strait Islander land and Ministerial consent

64. Power to deal with Torres Strait Islander land
65. Requirement for consultation
66. Provision about Minister's consent

Division 2--Sale or mortgage prohibited

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

Division 3--Grant of licences

68. Grant of licence for Torres Strait Islander land
69. Conditions of licences

Division 4--Transfer of Torres Strait Islander land by trustee
Subdivision 1--Land held by land trust

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--Grant of leases for Torres Strait Islander land

84. Grant of lease for Torres Strait Islander land

Division 2--Standard leases
Subdivision 1--Restrictions on grant of standard leases

85. Restrictions on grant of standard lease to a Torres Strait Islander
86. Restrictions on grant of standard lease to State
87. Restrictions on grant of standard lease to another person
Subdivision 2--Requirements for Minister's consent
88. General requirements for Minister's consent
89. Requirement for Minister's consent for standard lease for commercial purpose
90. Requirement for Minister's consent for creation of interest under a standard lease

Division 3--Townsite leases
Subdivision 1--Restriction on grant of townsite leases

91. Minister's consent for grant of townsite lease
Subdivision 2--Requirements for Minister's consent
92. General requirements for Minister's consent
Subdivision 3--Provisions about dealings with townsite leases
93. Transfer or amendment of townsite lease
94. Townsite lease and transfer, amendment or surrender of lease to be registered
95. Surrender of townsite lease
96. No forfeiture of townsite lease
Subdivision 4--Effect of townsite lease on existing interests
97. Lessee of townsite lease taken to be lessor of existing leases

Division 4--Townsite subleases
Subdivision 1--Grant of subleases under townsite lease

98. Grant of sublease
Subdivision 2--Requirements about grant of subleases under townsite lease
99. Restrictions on grant of townsite sublease to a Torres Strait Islander
100. Restrictions on grant of townsite sublease to State
101. Restrictions on grant of townsite sublease to another person
Subdivision 3--Requirements for Minister's consent
102. General requirements for Minister's consent
103. Requirement for Minister's consent for townsite sublease for commercial purpose
104. Requirement for Minister's consent for creation of interest under a townsite sublease

Division 5--Common provisions for standard leases and townsite subleases
Subdivision 1--Preliminary

105. Definitions for div 5
Subdivision 2--Conditions of leases
106. Conditions of leases—general
107. Leases for private residential purposes—general conditions and requirements
108. Leases for private residential purposes—particular requirements if dwelling situated on land
109. Option to renew particular lease or sublease
Subdivision 3--Provisions about transfer, amendment or surrender of leases
110. Transfer or amendment of lease or sublease
111. Particular dealings to be registered

Division 6--Forfeiture and renewal of leases for private residential purposes
Subdivision 1--Preliminary

112. Definitions for div 6
113. Application of div 6
Subdivision 2--Forfeiture
114. Grounds for forfeiture
115. Referral to Land Court for forfeiture
116. Lessor's options if Land Court decides lease may be forfeited
117. Notice and effect of forfeiture
118. Extension of term of lease—referral for forfeiture
Subdivision 3--Renewal
119. Notice of expiry of lease
120. Application to renew lease
121. Lessor to consider and decide application
122. Decision to renew lease
123. Lessor may decide not to renew lease
124. Notice to lessee about decision not to renew lease
125. Extension of term of lease—application for renewal
Subdivision 4--General matters about forfeiture or non-renewal of residential leases
126. Right to remove improvements if lease forfeited or not renewed
127. Payment by lessor for forfeited or non-renewed lease
128. Unclaimed amounts
129. Amounts owing to lessor or mortgagee to be deducted
130. Payment of amount to mortgagee in discharge of mortgage

Division 7--Miscellaneous

131. Effect of option to renew or extend on calculation of term of leases
132. Exemption from fees and charges
133. Leases for private residential purposes—beneficiary

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--Other matters

146. Trustee to advise about ending of particular lease for commercial purpose
147. Recording information about land

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
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

Division 2--Minister's power to appoint, remove or suspend members of land trusts
Subdivision 1--Appointment of members

156. Minister may appoint member
Subdivision 2--Removal or suspension of members
157. Grounds for removal or suspension of member
158. Show cause notice
159. Representations about show cause notice
160. Ending show cause process without further action
161. Removing or suspending member
162. Immediate removal or suspension of member
Subdivision 3--Other matters
163. Limitation on land trust's power about appointment or suspension 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
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. Application of Residential Tenancies and Rooming Accommodation Act 2008
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--Transitional provision for Audit Legislation Amendment Act 2006

199. Further amendment, or repeal, of Torres Strait Islander Land Regulation 1991

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
SCHEDULE 1 -- DICTIONARY
Endnotes

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