Queensland Consolidated Acts

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TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 46

46 Registrar to determine whether claim duly made

(1) If a claim is made to the land claims registrar, the registrar must determine whether the claim appears to be duly made.

(2) If the registrar is satisfied that the claim appears to be duly made, the registrar must accept the application and refer the claim to the Land Tribunal.

(3) If the registrar is not satisfied, the registrar must refuse to accept the application.

(4) The registrar must notify the claimants, in writing, of his or her decision.

(5) If the registrar refuses to accept the application, the registrar must also notify the claimants, in writing, of his or her reasons for refusing to accept the application.

(6) If the registrar refuses to accept the application, the claimant or claimants may ask the chairperson of the Land Tribunal to decide whether the claim is duly made.

(7) If the chairperson decides that the claim is duly made, the chairperson must direct the registrar to accept the application under subsection (2).

(8) If the chairperson decides that a claim is not duly made, the chairperson must notify the claimant or claimants, in writing, of his or her reasons for refusing to accept the application.

(9) Despite subsection (1), if a recommendation has been made to the Minister under section 57 for a grant in fee simple or for the grant of a lease, another claim may not be duly made over the same land.

(10) Nothing in this section prevents the registrar from accepting an application if--

(a) a claim (the repeat claim) has been made to the registrar under section 44 and it appears to the registrar that the land to which the claim relates is completely or partly the same as land that has previously been claimed (the previous claim); and
(b) no recommendation was made to the Minister under section 57 about the previous claim.


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