Queensland Consolidated Acts

TORRES STRAIT ISLANDER LAND ACT 1991

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   3.      Definitions
   4.      Torres Strait Islanders particularly concerned with land etc.
   5.      Meaning of native title interests
   6.      Crown bound

           Part 2--Basic concepts

           Division 1--Torres Strait Islanders and their customs

   7.      Meaning of Torres Strait Islander
   8.      Meaning of Island custom

           Division 2--Torres Strait Islander land

   9.      Meaning of Torres Strait Islander land

           Division 3--Transferable and transferred land

   10.     Meaning of transferable and transferred land
   11.     Lands that are transferable lands
   12.     DOGIT land
   13.     Torres Strait Islander reserve land

           Division 3A--Declarations about particular transferable land

   13A.    Definition for div 3A
   13B.    Particular land may be declared to be not transferable land
   13C.    Notice of intention to make declaration
   13D.    Minister to consider representations and give notice of decision
   13E.    Appeal against particular decision
   13F.    Powers of Land Court on appeal
   13G.    Notice about declarations—trustee
   13H.    Notice about declarations—registrar
   13I.    Requirements about plans of subdivision for declarations under s 13B

           Division 4--Claimable and granted land

   14.     Meaning of claimable and granted land
   15.     Lands that are claimable lands
   16.     Lands that are available Crown land—general
   17.     Beds and banks of watercourses and lakes
   18.     Tidal land
   19.     Meaning of city or town land
   20.     Meaning of township land
   21.     National parks
   22.     Lands that are not available Crown land
   23.     Torres Strait area

           Division 5--Application of laws to Torres Strait Islander land

   24.     Application of laws

           Part 3--Grant of transferable land as Torres Strait Islander land

           Division 1--Grant of land

   25.     Deeds of grant to be prepared
   25A.    Appointment of registered native title body corporate as grantee
   26.     Minister to appoint particular trustees
   26A.    Application of Trusts Act 1973
   27.     Minister to act as soon as possible
   28.     Authority to grant fee simple in transferable land
   29.     Inclusion of additional areas in deed of grant
   30.     Deed of grant takes effect on delivery
   31.     Existing interests
   32.     Interests to be endorsed on deed
   33.     Cancellation of deed of grant in trust
   34.     Registrar of titles must take action etc. to resolve difficulties
   35.     Land Court may resolve difficulties

           Division 2--Dealing with transferred land
           Subdivision 1--General

   36.     Power to deal with transferred land
   37.     Requirement for consultation
   37A.    Provision about Minister's consent
   37B.    Provision about particular leases
           Subdivision 2--Sale or mortgage prohibited
   37C.    Prohibition on sale or mortgage of transferred land
           Subdivision 3--Grant of leases
   37D.    Grant of lease for transferred land
   37E.    Particular restrictions on grant of leases
   37F.    Requirements for Minister's consent—general
   37G.    Particular requirement for Minister's consent for lease for commercial purpose
   37H.    Conditions of leases—general
   37I.    Requirement for Minister's consent for creation of interest under a lease
   37J.    Leases for private residential purposes—general conditions and requirements
   37K.    Leases for private residential purposes—particular requirements if dwelling situated on land
   37L.    Renewal of lease or sublease
   37M.    Transfer or amendment of lease or sublease
   37N.    Lease, sublease and transfer, amendment or surrender of lease or sublease to be registered
           Subdivision 4--Forfeiture of particular leases
   37O.    Application of sdiv 4
   37P.    Grounds for forfeiture of lease
   37Q.    Application to Land Court for forfeiture
   37R.    Grantees' options if Land Court decides lease may be forfeited
   37S.    Notice and effect of forfeiture
   37T.    Payment by grantees for forfeited lease
   37U.    Unclaimed amounts
   37V.    Amounts owing to grantees or mortgagee to be deducted
   37W.    Payment of amount to mortgagee in discharge of mortgage
   37X.    Appeal against decision under s 37T
   37Y.    Powers of Land Court on appeal
           Subdivision 5--Grant of licences
   37Z.    Grant of licence for transferred land
   37ZA.   Conditions of licences
           Subdivision 6--Transfer of land held by registered native title body corporate
   37ZB.   Transfer of transferred land held by registered native title body corporate
           Subdivision 7--Other matters
   37ZC.   Grantees to advise chief executive of change to description of land
   37ZD.   Particular dealings in transferred land void
   38.     Provision about resumption of transferred land etc.

           Division 3--Reservations

   39.     Reservations of minerals and petroleum
   40.     Reservations of forest products and quarry material etc.

           Part 4--Claims for claimable land

           Division 1--Requirements for claims

   41.     Duly made claims
   42.     Who may make a claim
   43.     Grounds on which claim may be made
   44.     How claim is to be made
   45.     Time limit for making of claims

           Division 2--Determination of claims

   46.     Registrar to determine whether claim duly made
   47.     Tribunal to notify making of claims
   48.     Joint hearing of claims
   49.     Repeat claims
   50.     Establishment of claim on ground of customary affiliation
   51.     Establishment of claim on ground of historical association
   52.     Establishment of claim on ground of economic or cultural viability
   53.     Claim may be established for only part of land claimed
   54.     Claim may be established on more than 1 ground
   55.     Time at which it is to be determined whether land is claimable land
   56.     Amendment of claim
   57.     Recommendation to Minister
   58.     Resolution of conflicting claims
   59.     Notification of parties

           Part 5--Grant of claimable land as Torres Strait Islander land

           Division 1--Grant of land

   60.     Deeds of grant to be prepared
   61.     Leases to be prepared
   62.     Minister to appoint trustees
   63.     Authority to grant fee simple in, or lease of, claimable land
   64.     Inclusion of additional areas in deed of grant
   65.     Signing of lease etc.
   66.     Deed of grant takes effect on delivery
   67.     Lease commences on delivery
   68.     Existing interests
   69.     Interests to be endorsed on deed
   70.     Cancellation of existing deed of grant
   71.     Registrar of titles must take action etc. to resolve difficulties
   72.     Land Court may resolve difficulties

           Division 2--Dealing with granted land

   73.     Permitted dealings with granted land
   74.     Other dealings void
   75.     No resumption of granted land etc.
   76.     Devolution of granted land

           Division 3--Reservations

   77.     Reservations of minerals and petroleum
   78.     Reservations of forest products and quarry material etc.

           Division 4--Access to coastal land

   79.     Rights of access preserved

           Division 5--National parks

   80.     National park subject to lease to State etc.

           Part 5A--Provisions about mortgages of leases over Torres Strait Islander land

   80A.    Application of pt 5A
   80B.    Provisions about entering into possession of, and selling, lease
   80C.    How grantees deal with proceeds of sale

           Part 5B--Leasing of Torres Strait Islander trust land

           Division 1--Preliminary

   80D.    Definitions for pt 5B
   80E.    Relationship with Land Act

           Division 2--Leases

   80F.    Trustee (Torres Strait Islander) leases
   80G.    Amending trustee (Torres Strait Islander) lease
   80H.    Mortgage of trustee (Torres Strait Islander) lease
   80I.    Surrender of trustee (Torres Strait Islander) lease

           Division 3--Other matters

   80J.    Trustee to advise about ending of particular lease for commercial purpose
   80K.    Recording information about land

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

   81.     Crown's use of Islander land preserved
   82.     No rent payable by Crown
   83.     Access to land used by Crown

           Part 7--Mining

   84.     Application of Mineral Resources Act
   85.     Royalties in relation to mining on Torres Strait Islander land

           Part 8--The land tribunal

           Division 1--Establishment and membership

   86.     Land Tribunal
   87.     Appointment of members
   88.     Qualifications for appointment
   89.     Term of appointment
   90.     Terms and conditions of appointment
   91.     Preservation of rights
   92.     Leave of absence
   93.     Resignation
   94.     Disclosure of interests
   95.     Termination of appointment
   96.     Acting chairperson

           Division 2--Organisation of tribunal

   97.     Arrangement of business
   98.     Constitution of tribunal
   99.     Member presiding
   100.    Member of tribunal ceasing to be available
   101.    Sitting places

           Division 3--Conduct of proceedings before tribunal

   102.    Parties to proceeding before tribunal
   103.    Tribunal to determine who are interested persons
   104.    Representation before tribunal
   105.    Procedure of tribunal
   106.    Conferences
   107.    Hearings to be in public except in special circumstances
   108.    Opportunity to make submissions
   109.    Particular powers of tribunal
   110.    Manner in which questions to be decided
   111.    Power of tribunal to dismiss claim or strike out party
   112.    General powers
   113.    Reasons to be given by tribunal
   114.    Appeals to Land Appeal Court from decisions of tribunal
   115.    Reference of questions of law to Land Appeal Court
   116.    Evidence and other findings in other proceedings
   117.    Protection of members etc.
   118.    Continuing authority of member
   119.    Failure of witness to attend
   120.    Refusal of witness to be sworn or to answer questions
   121.    Obstructing tribunal etc.
   122.    Allowances for witnesses

           Division 4--Miscellaneous

   123.    Management of administrative affairs of tribunal
   124.    Staff of tribunal employed under Public Service Act
   125.    Consultants to tribunal
   126.    Annual report
   127.    Delegation of powers by chairperson

           Part 9--Miscellaneous

   128.    Creation of interests in transferable and claimable land
   129.    Rights of access to interests preserved
   130.    Persons and bodies representing Crown
   131.    Delegation by Minister
   132.    Delegation by land claims registrar
   133.    Amendment of description of land
   133A.   Dealing with particular trust property
   133B.   Application of Residential Tenancies Act 1994
   134.    Survey costs etc. to be paid by State
   134A.   Application of Financial Administration and Audit Act 1977
   134B.   Approval of forms
   135.    Regulation-making power

           Part 10--Transitional provisions

           Division 1--Transitional provision for Audit Legislation Amendment Act 2006

   136.    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

   137.    Interests in Torres Strait Islander land continue
           Endnotes