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TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 3

3 Definitions

In this Act--

Aboriginal group means a group of Aboriginal people within the meaning of the Aboriginal Land Act 1991.

Acquisition Act means the Acquisition of Land Act 1967.

ancestor includes an ancestor under Island custom.

appropriate register means--

(a) for freehold land--the freehold land register; or
(b) for other land--the appropriate register for the land under the Land Act.

available Crown land has the meaning given by section 16.

bed and banks has the meaning given by the Water Act 2000, schedule 4.

city or town land has the meaning given by section 19.

claimable land has the meaning given by section 14.

coast has the meaning given by the Beach Protection Act 1968, section 3.

Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth).

constructing authority means a constructing authority under the Acquisition Act.

Crown, in relation to the State or the Commonwealth, includes a person or body that represents the Crown.

descendant includes a descendant under Island custom.

DOGIT land has the meaning given by section 12.

enactment day means the day on which this Act receives the Royal Assent.

forest products means all vegetable growth and material of vegetable origin (whether living or dead and whether standing or fallen).

granted land has the meaning given by section 14.

group includes a community.

group of Torres Strait Islanders includes--

(a) the descendants of the group; and
(b) if there is only 1 surviving member of a group of Torres Strait Islanders--that person.

improvements see the Land Act, schedule 6.

interest, in relation to land, means--

(a) a legal or equitable estate or interest in the land; or
(b) a right, power or privilege over, or in relation to, the land;

and includes--

(c) a permit or licence issued in relation to the land; and
(d) a mining interest; and
(e) a geothermal exploration permit under the Geothermal Exploration Act 2004; and
(f) a GHG authority under the Greenhouse Gas Storage Act 2009.

interested person, in relation to a claim under this Act for claimable land, means a person whose interests (whether pecuniary or otherwise) could be affected by the grant of the land as Torres Strait Islander land because of the claim.

Island custom has the meaning given by section 8.

lake has the meaning given by the Water Act 2000, schedule 4.

Land Act means the Land Act 1994.

land claims registrar means the chief executive of the department.

Land Title Act means the Land Title Act 1994.

Land Tribunal means the Land Tribunal established for the purposes of this Act.

land trust means an entity formed through the incorporation, under a regulation, of the grantees of Torres Strait Islander land.

lease does not include a residential tenancy agreement.

lease land, for a provision about a lease or proposed lease, means the land subject to the lease or proposed lease.

management plan, in relation to a national park, means a statement of specific objectives and policies relating to the planning, use, development and management of the national park.

maximum amount see section 37T.

mineral has the meaning given by the Mineral Resources Act 1989, section 5.

mining interest means a lease, claim or other interest in, or a permit, licence or other right in relation to, land that is granted under--

(a) the Mineral Resources Act 1989, the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004; or
(b) another Act relating to mining for minerals, petroleum or natural gas.

National Native Title Register means the National Native Title Register established and maintained under the Commonwealth Native Title Act, part 8.

national park means an area dedicated under the Nature Conservation Act 1992 as a national park.

native title holder, in relation to land held, or to be held, by a registered native title body corporate, means--

(a) if a registered native title body corporate holds the native title in relation to the land, or part of the land, on trust--the persons on whose behalf the registered native title body corporate holds the native title; or
(b) otherwise--the persons who hold the native title in relation to the land or part of the land.

native title interests has the meaning given by section 5.

natural gas has the meaning given by the Petroleum Act 1923, section 2.

non-presiding member, in relation to the Land Tribunal, means a member of the tribunal other than the chairperson or a deputy chairperson.

NPARC means the Northern Peninsula Area Regional Council.

petroleum means petroleum under the Petroleum and Gas (Production and Safety) Act 2004.

presiding member, in relation to the Land Tribunal, means the chairperson or a deputy chairperson of the tribunal.

public infrastructure means infrastructure that is operated for the general public.

quarry material has the meaning given by the Forestry Act 1959, section 5.

registered means registered under the Land Act or the Land Title Act.

registered native title body corporate means a prescribed body corporate under the Commonwealth Native Title Act whose name and address are registered on the National Native Title Register under section 193(2)(e) or (4) of that Act.

registrar means--

(a) for freehold land--the registrar of titles under the Land Title Act; or
(b) for other land--the chief executive of the department in which the Land Act is administered.

registrar of titles, for a matter for which the chief executive under the Land Act has responsibility, means the chief executive.

relevant land, for part 2, division 3A, see section 13A.

repealed Torres Strait Act means the Community Services (Torres Strait) Act 1984 as in force before its repeal under the Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007.

residential tenancy agreement means a residential tenancy agreement under the Residential Tenancies and Rooming Accommodation Act 2008.

responsibilities, in relation to land, include--

(a) responsibilities under Island custom for the land, including, for example, responsibilities for areas that are of particular significance under Island custom; and
(b) responsibilities for the land that may affect neighbouring land, including, for example, responsibilities in relation to fire and vermin control.

road means a surveyed or unsurveyed road that is, under an Act, dedicated, notified or declared to be a road for public use.

sea includes waters within the ebb and flow of the tide.

tidal land means land that is ordinarily covered and uncovered by the flow and ebb of the tide at spring tides.

Torres Strait area has the meaning given by section 23.

Torres Strait Island council means--

(a) in relation to any area that, immediately before the day that under the Local Government Act 1993 is the changeover day for NPARC, was included in the Bamaga or Seisia Council area under the repealed Torres Strait Act--NPARC; or
(b) in relation to any area included in the local government area of TSIRC--TSIRC.

Torres Strait Islander has the meaning given by section 7.

Torres Strait Islander land has the meaning given by section 9.

Torres Strait Islander land claim association means an entity formed through the incorporation, under a regulation, of--

(a) the members of a group of Torres Strait Islanders who intend to make a land claim under this Act on their own behalf and on behalf of other Torres Strait Islanders in the group; or
(b) a group of Torres Strait Islanders who intend to make a land claim under this Act.

Torres Strait Islander lease means a lease prepared under section 61.

Torres Strait Islander (non-transferred land) lease means a lease prepared under section 61(1)(d).

Torres Strait Islander reserve land has the meaning given by section 13.

Torres Strait Islander (transferred land) lease means a lease prepared under section 61(1)(c).

Torres Strait Islander trust land see section 80D.

Torres Strait Treaty has the meaning given by the Torres Strait Fisheries Act 1984, section 6(1), being the treaty a copy of which is set out in the schedule to that Act.

township land has the meaning given by section 20.

transferable land has the meaning given by section 10.

transferred land has the meaning given by section 10.

tribunal means the Land Tribunal.

trustee, of Torres Strait Islander trust land, see section 80D.

trustee (Torres Strait Islander) lease, for part 5B, see section 80D.

TSIRC means the Torres Strait Island Regional Council.

watercourse has the meaning given by the Water Act 2000, schedule 4.



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