Queensland Consolidated Regulations

TORRES STRAIT ISLANDER 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 Torres Strait Islander 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
   21A.    Adoption of rules
   21B.    Content of rules
   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 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 of general meetings
   35E.    Material to be given to land claims registrar after annual general meeting

           Division 6--Land trust register

   35F.    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--Decision making process

   44.     Determining agreement of Torres Strait Islanders
   45.     Decision making by grantees
   46.     Code of conduct regarding mining leases
   47.     Declarations by grantees regarding dealings

           Part 6--Appeals to Land Appeal Court

   48.     Part made for purposes of s 114 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 percentages for the purposes of s 85 of the Act
   56.     Guidelines for application by chief executive of royalty amount

           Part 8--Declarations

   57.     Transferred land that is not claimable land—Act, s 15(3)

           Part 9--Transitional provisions

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

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

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

   60.     Persons appointed to perform certain audits before commencement
           SCHEDULE TRANSFERRED LAND THAT IS NOT CLAIMABLE LAND
           Endnotes