Queensland Consolidated Regulations

ABORIGINAL LAND REGULATION 1991

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Definitions

           Part 2--Land claimants may be incorporated

           Division 1--Application for incorporation

   3.      Land claimants may apply for incorporation
   4.      Application for incorporation—form and content
   5.      Rules for proposed association to provide for certain things

           Division 2--Land claims registrar to deal with application

   6.      Land claims registrar to deal with application
   7.      Land claims registrar must issue certificate of incorporation unless grounds for refusal
   8.      Procedure if land claims registrar refuses application

           Division 3--Effects of incorporation

   9.      Effect of issue of certificate of incorporation
   10.     Rules of association on incorporation
   11.     Membership of association on incorporation
   12.     Vesting of property in Aboriginal land claim associations
   13.     Powers to borrow money and give securities
   14.     Appointment of public officer and determination of official address

           Division 4--Amendment of the objects or rules

   15.     Amendment of objects or rules

           Division 5--Dissolution or winding-up of association

   16.     Dissolution
   17.     Application by land claims registrar for winding-up of association if it does not resolve to dissolve itself
   18.     Involuntary winding-up of association by Supreme Court

           Part 3--Land trusts

           Division 1--Formation

   19.     Incorporation of grantees as land trust
   20.     Nature of land trust—body corporate etc.
   21.     Function of land trust
   22.     Land trust to indemnify grantees
   23.     Dissolution of land trust if transferred land becomes granted land
   24.     Transfer of property to new land trust if part of transferred land becomes granted land

           Division 1A--Rules of land trusts
           Subdivision 1--Adoption of rules

   24A.    Adoption of rules
   24B.    Content of adopted rules
           Subdivision 2--Rules about proxies
   24C.    Definition for sdiv 2
   24D.    Application of sdiv 2
   24E.    Appointing proxy
   24F.    When appointment of proxy is effective
   24G.    Counting proxies for quorum
           Subdivision 3--Rule about resolutions of executive committee without meetings
   24H.    Application of sdiv 3
   24I.    Resolution of executive committee without meeting

           Division 2--Grantees

   25.     Composition of land trust
   26.     Payments to grantees of land trust
   27.     Chairperson and deputy chairperson—appointment
   28.     Resignation of grantees
   29.     Protection in regard to notice when a person is grantee of more than 1 area of land
   30.     Immunity of grantees

           Division 3--Trust property

   31.     Property to be held on trust
   32.     Powers in respect of trust property
   33.     Funds to be invested in accordance with Trusts Act 1973
   34.     Staff and consultants, and grantees' expenses, to be paid from trust property
   35.     Application of insurance money

           Division 4--Accounts, annual financial statements and audit requirements

   35A.    Accounts
   35B.    Annual financial statement
   35C.    Audit requirements

           Division 5--General meetings

   35D.    Holding general meetings
   35DA.   Chief executive may call general meeting
   35E.    Material to be given to chief executive
   35EA.   Land trust to keep minutes of meetings

           Division 6--Land Trust register

   35F.    Keeping land trust register
   35G.    Obtaining information in land trust register

           Part 4--Powers of Supreme Court

   36.     Jurisdiction of Supreme Court
   37.     Power of court to relieve grantee from personal liability
   38.     Court may order beneficiary to indemnify for certain breaches
   39.     Right of grantees or land trust to apply to court for directions
   40.     Court's jurisdiction to make orders conferring power on grantees or land trust
   41.     Protection of grantees or land trust while acting under direction of court
   42.     Power of Supreme Court to make orders in absence of grantee
   43.     Power of Supreme Court to charge costs on trust property

           Part 5--Code of conduct about mining leases

   46.     Code of conduct about mining leases

           Part 6--Appeals to Land Appeal Court

   48.     Part made for purposes of s 117 of the Act
   49.     Institution of appeal to Land Appeal Court
   50.     Court may accept some non-compliance with s 49
   51.     Other parties may lodge notice of appearance
   52.     Parties to prepare summary of arguments and of new evidence
   53.     Legal representation
   54.     Forms set out in Land Appeal Court Rules

           Part 7--Mining royalties

   55.     Prescribed percentage—Act, s 88

           Part 8--Declarations

   58.     Tidal land that is available State land—Act, s 21
   59.     Available State land that is transferable land—Act, s 12
   60.     Available State land that is claimable land—Act, s 18
   61.     Transferred land that is not claimable land
   62.     Aboriginal reserve land—Act, s 14

           Part 9--Transitional provisions

           Division 1--Transitional provisions for Natural Resources Legislation Amendment Regulation (No. 2) 1998

   63.     First rules for land trust already in existence
   64.     First financial year for applying pt 3, divs 4 and 5

           Division 2--Transitional provision for Audit Legislation Amendment Act 2006

   65.     Persons appointed to perform certain audits before commencement

           Division 3--Transitional provision for Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008

   66.     Particular rules taken to be adopted rules
           TIDAL LAND THAT IS AVAILABLE STATE LAND
           AVAILABLE STATE LAND THAT IS TRANSFERABLE LAND
           AVAILABLE STATE LAND THAT IS CLAIMABLE LAND
           TRANSFERRED LAND THAT IS NOT CLAIMABLE LAND
           ABORIGINAL RESERVE LAND
           Endnotes