Queensland Consolidated Acts

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TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 31

31 Existing interests

(1) If transferable land was, immediately before becoming Torres Strait Islander land under this division, subject to an interest, the interest continues in force.

(2) Without limiting subsection (1), if transferable land was, immediately before becoming Torres Strait Islander land under this division, the subject of--

(a) a lease granted by the Crown under the Aborigines and Torres Strait Islanders (Land Holding) Act 1985; or
(b) a lease under the Land Act;

the grantees of the land are, by operation of this section, substituted for the Crown as a party to the lease.

(3) The terms of a lease mentioned in subsection (2) are not affected by the operation of this section, section 32 or any other provision of this Act and, for the purposes of those terms, the Land Act continues to apply to a lease under that Act, with all necessary modifications and such modifications as are prescribed, as if the lease continued to be such a lease and the grantees of the land were the Crown.

(4) In this section--

interest includes native title interests, but does not include an interest in favour of the State or Commonwealth.



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