Aboriginal Land Regulation 2011

Queensland Aboriginal Land Act 1991 Aboriginal Land Regulation 2011 Current as at 26 July 2013

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Queensland Aboriginal Land Regulation 2011 Contents Part 1 1 2 3 Part 2 Division 1 4 5 6 7 8 9 10 Division 2 Subdivision 1 11 12 Subdivision 2 13 14 15 16 17 Subdivision 3 20 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Provisions about land trusts Members of land trusts Payments to members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Land trust to indemnify members . . . . . . . . . . . . . . . . . . . . . . . . . 6 Immunity of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Protection about notice when a person is a member of more than 1 land trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Chairperson, deputy chairperson and secretary—appointment. . 7 Acting as chairperson, secretary or in another executive office . . 7 Resignation of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Rules of land trusts Adoption of rules Adoption of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Content of adopted rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Rules about proxies Definition for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Appointing proxy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 When appointment of proxy is effective . . . . . . . . . . . . . . . . . . . . 11 Counting proxies for quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Rule about filling executive offices When election of members of executive committee must be held 11

Aboriginal Land Regulation 2011 Contents Division 3 22 23 24 25 26 Division 4 27 28 29 Division 5 30 31 32 33 Division 6 34 35 Part 3 36 Part 4 37 Part 5 38 39 40 41 42 43 44 Part 6 45 46 47 Page 2 Trust property Property to be held on trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers in relation to trust property. . . . . . . . . . . . . . . . . . . . . . . . Funds to be invested under Trusts Act 1973 . . . . . . . . . . . . . . . . Staff and consultants, and members’ expenses, to be paid from trust property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of insurance money . . . . . . . . . . . . . . . . . . . . . . . . . . Accounts, annual financial statements and audit requirements Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual financial statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Audit requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General meetings Holding general meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may call general meeting . . . . . . . . . . . . . . . . . . Material to be given to chief executive . . . . . . . . . . . . . . . . . . . . . Land trust to keep minutes of meetings . . . . . . . . . . . . . . . . . . . . Dissolution of land trust and transfer of trust property Dissolution of land trust if transferred land becomes granted land Transfer of property if part of transferred land becomes granted land ............................. Code of conduct about mining leases Code of conduct about mining leases . . . . . . . . . . . . . . . . . . . . . Mining royalties Prescribed percentage—Act, s 203 . . . . . . . . . . . . . . . . . . . . . . . Appeals to Land Appeal Court Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Starting appeal to Land Appeal Court . . . . . . . . . . . . . . . . . . . . . Court may accept some noncompliance with s 39 . . . . . . . . . . . . Other parties may give notice of appearance. . . . . . . . . . . . . . . . Parties to prepare summary of arguments and of new evidence . Legal representation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms for appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declarations Tidal land that is available State land—Act, s 27 . . . . . . . . . . . . . Available State land that is transferable land—Act, s 10 . . . . . . . Available State land that is claimable land—Act, s 23 . . . . . . . . . 12 12 12 12 13 13 13 14 14 15 16 17 17 17 18 19 20 20 21 21 21 22 22 22 22 23

48 49 Part 7 50 Part 8 Division 1 51 Division 2 52 53 54 55 56 Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Aboriginal Land Regulation 2011 Contents Aboriginal reserve land—Act, s 12 . . . . . . . . . . . . . . . . . . . . . . . . References to plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provision Application of provisions for particular land . . . . . . . . . . . . . . . . . Repeal and transitional provisions Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Members of executive committee continue in office . . . . . . . . . . . Land trust’s adopted rules continue . . . . . . . . . . . . . . . . . . . . . . . Continuing operation of particular provisions of repealed regulation ..................................... Chief executive may dissolve Aboriginal land claim associations. Tidal land that is available State land . . . . . . . . . . . . . . . . . . . Available State land that is transferable land . . . . . . . . . . . . . Available State land that is claimable land . . . . . . . . . . . . . . . Aboriginal reserve land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 23 24 24 24 25 25 26 28 29 33 34 35 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36 36 37 37 39 Page 3

Aboriginal Land Regulation 2011 Part 1 Preliminary [s 1] Aboriginal Land Regulation 2011 [as amended by all amendments that commenced on or before 26 July 2013] Part 1 Preliminary 1 Short title This regulation may be cited as the Aboriginal Land Regulation 2011 . 2 Commencement This regulation commences immediately after the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , section 90. 3 Definitions The dictionary in schedule 5 defines particular words used in this regulation. Current as at 26 July 2013 Page 5

Aboriginal Land Regulation 2011 Part 2 Provisions about land trusts [s 4] Part 2 Provisions about land trusts Division 1 Members of land trusts 4 Payments to members A member may be paid an amount equal to expenses reasonably incurred, or to be incurred, in the performance of the member’s functions under the Act or this regulation. 5 Land trust to indemnify members A land trust must indemnify all its members engaged in giving effect to the Act or this regulation against all proceedings and claims in relation to— (a) acts done, or omitted to be done, by the member without negligence under the Act; and (b) acts done, or omitted to be done, by the member in good faith and without negligence purportedly for the purposes of the Act or this regulation. 6 Immunity of members (1) A member— (a) is chargeable only for amounts and securities actually received even though the member signed a receipt for the amount or security; and (b) is answerable and accountable only for the member’s own acts, receipts, neglects or defaults. (2) Without limiting subsection (1), a member is not answerable or accountable for— (a) the acts, receipts, neglects or defaults of another member or the land trust; or Page 6 Current as at 26 July 2013

Aboriginal Land Regulation 2011 Part 2 Provisions about land trusts [s 7] (b) the acts, receipts, neglects or defaults of a bank, broker or other person with whom trust property is deposited; or (c) the insufficiency or deficiency of any securities or another loss unless the insufficiency, deficiency or loss happens because of the member’s default. 7 Protection about notice when a person is a member of more than 1 land trust A person who is a member of more than 1 land trust is not, in the absence of fraud, to be affected by notice of any instrument, fact or thing in relation to a particular land trust if the person receives the notice merely because of the person’s membership of another land trust. 8 Chairperson, deputy chairperson and secretary—appointment A land trust must appoint— (a) a member as the chairperson of the land trust; and (b) if there is more than 1 member—a member as the deputy chairperson of the land trust; and (c) if there are more than 2 members—a member as the secretary of the land trust. 9 Acting as chairperson, secretary or in another executive office (1) The deputy chairperson may act as the chairperson during— (a) a vacancy in the office of chairperson; or (b) any period when the chairperson is absent from duty or from the State or, for any reason, can not perform the duties of the office of chairperson. (2) Any member of a land trust may act as the secretary during— (a) a vacancy in the office of secretary; or Current as at 26 July 2013 Page 7

Aboriginal Land Regulation 2011 Part 2 Provisions about land trusts [s 10] (b) any period when the secretary is absent from duty or from the State or, for any reason, can not perform the duties of the office of secretary. (3) Any member of a land trust may act in another executive office of the land trust during— (a) a vacancy in the office; or (b) any period when the holder of the office is absent from duty or from the State or, for any reason, can not perform the duties of the office. 10 Resignation of members (1) A member of a land trust may resign by signed notice of resignation given to the land trust. (2) The resignation does not take effect until it is accepted by the land trust. Division 2 Rules of land trusts Subdivision 1 Adoption of rules 11 Adoption of rules (1) A land trust must adopt rules governing the land trust ( adopted rules ). (2) A land trust must adopt its first rules as soon as practicable after it comes into existence. (3) Within 28 days after a land trust adopts its first rules, adopts changes to its adopted rules or adopts new rules, the land trust must give the chief executive a copy of its adopted rules. (4) If there is an inconsistency between subdivision 2 or 3 and a land trust’s adopted rules, the subdivision prevails to the extent of the inconsistency. Page 8 Current as at 26 July 2013

Aboriginal Land Regulation 2011 Part 2 Provisions about land trusts [s 12] 12 Content of adopted rules The adopted rules of a land trust must include provision for the following— (a) the establishment, membership and functions of the land trust’s executive committee; (b) the process for decision-making by the land trust and its committees; (c) the creation of the land trust’s executive offices and the procedure for filling the offices; (d) the appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent; (e) the procedure for settling disputes between the land trust and its members; (f) the frequency of meetings of the executive committee, and how the meetings are to be held; (g) the way the land trust’s general meetings are to be called and held; (h) requirements for managing trust property, including requirements for the following— (i) keeping records of the land trust’s transactions; (ii) procedures for authorising payments, and for making payments, out of the land trust’s funds; (iii) keeping control over trust property; (iv) procedures for incurring liabilities by or for the land trust; (i) the procedure for adopting changes to the adopted rules of the land trust and for adopting new rules. Current as at 26 July 2013 Page 9

Aboriginal Land Regulation 2011 Part 2 Provisions about land trusts [s 13] Subdivision 2 Rules about proxies 13 Definition for sdiv 2 In this subdivision— meeting , of a land trust, means— (a) a general meeting of the land trust; or (b) a meeting of the executive committee of the land trust. 14 Application of sdiv 2 This subdivision applies to a land trust unless, under its adopted rules, the appointment of proxies for a meeting of the land trust is not permitted. 15 Appointing proxy (1) A person who is entitled to attend and cast a vote at a meeting of the land trust may appoint an individual to attend and vote for the person at the meeting. (2) An appointment of a proxy is valid if— (a) it is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and (b) it includes the following information— (i) the person’s name; (ii) the proxy’s name; (iii) the meeting at which the appointment may be used. (3) An appointment may state the way the proxy is to vote on a particular resolution. (4) In this section— individual means an individual who is— (a) a member of the land trust; or Page 10 Current as at 26 July 2013

Aboriginal Land Regulation 2011 Part 2 Provisions about land trusts [s 16] (b) an Aboriginal person particularly concerned with the land held by the land trust. 16 When appointment of proxy is effective The appointment of a proxy for a meeting of the land trust is effective only if the proxy’s appointment is received by the land trust before the meeting starts. 17 Counting proxies for quorum (1) In deciding whether a quorum is present at a meeting of the land trust, an individual attending the meeting as a proxy is counted. (2) However, if a person has appointed more than 1 proxy for a particular meeting, only 1 of the proxies is counted. (3) If an individual is attending a particular meeting both as a member of the land trust and as a proxy for 1 or more persons, the individual is counted only twice. (4) If an individual who is not a member of the land trust is attending a particular meeting as a proxy for 1 or more persons, the individual is counted only once. Subdivision 3 Rule about filling executive offices 20 When election of members of executive committee must be held (1) This section applies to a land trust if the land trust’s total income from all sources for a financial year is more than $20000. (2) The land trust must, within 2 years after the end of the financial year, hold an election of members of the land trust to elect the members of its executive committee. Current as at 26 July 2013 Page 11

Aboriginal Land Regulation 2011 Part 2 Provisions about land trusts [s 22] Division 3 Trust property 22 Property to be held on trust A land trust is to hold, invest, use and distribute trust property— (a) for the benefit of the Aboriginal people for whose benefit the land trust holds the trust property; and (b) in compliance with the Act and this regulation. 23 Powers in relation to trust property (1) The land trust may exercise the powers that an owner of real or personal property can exercise in relation to the owner’s real or personal property. (2) Subsection (1) is subject to the Act and this regulation. 24 Funds to be invested under Trusts Act 1973 (1) A land trust may invest trust property only under the Trusts Act 1973 , section 21. (2) All trust property is to be invested in the name of the land trust. 25 Staff and consultants, and members’ expenses, to be paid from trust property (1) The cost of employing staff or engaging consultants to assist a land trust may be paid out of the trust property of the land trust. (2) Amounts to be paid to members under section 4 may be paid out of the trust property of the land trust. Page 12 Current as at 26 July 2013

Aboriginal Land Regulation 2011 Part 2 Provisions about land trusts [s 26] 26 Application of insurance money (1) An amount received or receivable under a policy of insurance for the loss or damage to trust property held, owned or leased by a land trust is part of the capital of the trust property. (2) The whole or a part of the amount received or receivable may also be applied by the land trust (and is to be applied if ordered by the Supreme Court) in rebuilding, reinstating, replacing or repairing the property lost or damaged. Division 4 Accounts, annual financial statements and audit requirements 27 Accounts (1) A land trust must establish the accounts necessary or convenient for its operation as a land trust. (2) The land trust must ensure its accounts are kept properly. 28 Annual financial statement (1) A land trust must, by 30 September each year, prepare and adopt an annual financial statement for the financial year most recently ended, if the land trust’s total income from all sources for that financial year is more than $20000. (2) If a land trust prepares and adopts an annual financial statement under subsection (1), the land trust must, by 31 December in the year it is adopted, give the chief executive— (a) a copy of the statement; and (b) a declaration, in the approved form, about the financial operation of the land trust for the financial year. (3) Each annual financial statement prepared under this section must include the following— (a) a balance sheet; (b) a profit and loss statement; Current as at 26 July 2013 Page 13

Aboriginal Land Regulation 2011 Part 2 Provisions about land trusts [s 29] (c) other information or documents the land trust considers relevant to the financial operation of the land trust. 29 Audit requirements (1) A land trust must have its accounts audited for each financial year by a person who is— (a) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or (b) a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or (c) a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or (d) a person approved in writing by the chief executive as having the necessary skills and experience for conducting the audit. (2) The land trust must ensure the audit is completed, and it receives the audit report, by 30 November in the financial year after the financial year for which the accounts are audited. (3) The land trust must give the chief executive a copy of the audit report by 31 December in the financial year after the financial year for which the accounts are audited. (4) Despite subsections (1) to (3), a land trust is not required to have its accounts audited for a financial year if the land trust’s total income from all sources for the financial year is not more than $20000. Division 5 General meetings 30 Holding general meetings (1) A land trust must hold an annual general meeting as soon as practicable after the end of each financial year. Page 14 Current as at 26 July 2013

Aboriginal Land Regulation 2011 Part 2 Provisions about land trusts [s 31] (2) However, a land trust need not hold a meeting under subsection (1) if— (a) the land trust’s total income from all sources for the financial year is not more than $20000; and (b) the land trust was not required, under its rules, to hold an election in the financial year for members of its executive committee; and (c) the executive committee of the land trust considers there are no items of business for an annual general meeting. (3) A land trust may hold a special general meeting at any time. (4) A general meeting must be called and held in the way required under the rules of the land trust. (5) Subsection (4) is subject to section 31. 31 Chief executive may call general meeting (1) This section applies if— (a) at least 3 members of a land trust ask the chief executive in writing to call a general meeting of the land trust; and (b) the chief executive is satisfied— (i) the holding of the meeting is for a purpose relevant to the land trust; and (ii) it is appropriate in the circumstances to hold the meeting. (2) The chief executive may, by written notice given to the land trust and each member of the land trust, call a general meeting of the land trust. (3) The chief executive, or another person approved by the chief executive, is the chairperson of the meeting. (4) The quorum for the meeting is— (a) the number of members, decided by the chief executive before the meeting is held, that the chief executive considers appropriate in the circumstances; or Current as at 26 July 2013 Page 15

Aboriginal Land Regulation 2011 Part 2 Provisions about land trusts [s 32] (b) if paragraph (a) does not apply—3 members. 32 Material to be given to chief executive (1) As soon as practicable after a land trust holds an annual general meeting after the end of a financial year, it must give the chief executive— (a) a copy of the minutes of the meeting; and (b) a compliance statement for the financial year; and (c) the names and addresses of all the current members of the land trust; and (d) the name of each member of the land trust’s executive committee, and the position held by the member; and (e) a contact telephone number for the chairperson and secretary of the land trust; and (f) the land trust’s address for the service of documents and a contact telephone number for the land trust. (2) If, under section 30(2), a land trust need not hold an annual general meeting after the end of a financial year, the land trust must as soon as practicable after the end of the financial year give the chief executive— (a) a compliance statement for the financial year; and (b) the names and addresses of all the current members of the land trust; and (c) the name of each member of the land trust’s executive committee, and the position held by the member; and (d) a contact telephone number for the chairperson and secretary of the land trust; and (e) the land trust’s address for the service of documents and a contact telephone number for the land trust. (3) In this section— compliance statement , for a financial year, means a statement in the approved form about a land trust’s compliance in the Page 16 Current as at 26 July 2013

Aboriginal Land Regulation 2011 Part 2 Provisions about land trusts [s 33] financial year with the obligations imposed on it under the Act and the rules of the land trust. 33 Land trust to keep minutes of meetings A land trust must keep minutes of its general meetings. Division 6 Dissolution of land trust and transfer of trust property 34 Dissolution of land trust if transferred land becomes granted land (1) This section applies if— (a) the whole of an area of transferred land becomes granted land; and (b) a land trust was formed to hold the transferred land; and (c) the Minister appoints an entity other than the land trust to hold the deed of grant for the granted land. (2) The Minister must, by gazette notice, dissolve the land trust formed to hold the transferred land. (3) When the land trust is dissolved, all its property, rights and liabilities become the property, rights and liabilities of the entity that holds the granted land. 35 Transfer of property if part of transferred land becomes granted land (1) This section applies if— (a) a part of transferred land becomes granted land; and (b) a land trust was formed to hold the transferred land; and (c) the Minister appoints an entity other than the land trust (the new entity ) to hold the deed of grant for the granted land. Current as at 26 July 2013 Page 17

Aboriginal Land Regulation 2011 Part 3 Code of conduct about mining leases [s 36] (2) The Minister must by gazette notice— (a) set out the description of the land as set out in the deed of grant held by the new entity; and (b) state the property, rights and liabilities of the land trust that are to become the property, rights or liabilities of the new entity. (3) On publication of the gazette notice, the stated property, rights and liabilities of the land trust become the property, rights and liabilities of the new entity. Part 3 Code of conduct about mining leases 36 Code of conduct about mining leases (1) This section applies if— (a) the proposed conditions of a mining interest that is to be created in relation to Aboriginal land include a code of conduct; or (b) a term of the trustee’s consent to the creation of a mining interest in Aboriginal land is, or is to be, that the conditions to which the mining interest will be subject include a code of conduct. (2) The trustee of Aboriginal land, for section 98 of the Act, must— (a) explain to the Aboriginal people particularly concerned with the land, the nature, purpose and effect of the code of conduct; and (b) give the Aboriginal people a suitable opportunity to express their views about the creation of a mining interest subject to the code. Page 18 Current as at 26 July 2013

Part 4 Aboriginal Land Regulation 2011 Part 4 Mining royalties [s 37] Mining royalties 37 Prescribed percentage—Act, s 203 (1) For section 203(2) of the Act, the percentage of the royalty amount received in a financial year is— (a) 100% of each $1 of the royalty amount up to and including, but not more than, the threshold amount for paragraph (a); and (b) 50% of each $1 of the royalty amount that is more than the threshold amount for paragraph (a) but not more than the threshold amount for paragraph (b); and (c) 33.32% of each $1 of the royalty amount that is more than the threshold amount for paragraph (b) but not more than the threshold amount for paragraph (c); and (d) 20% of each $1 of the royalty amount that is more than the threshold amount for paragraph (c) but not more than the threshold amount for paragraph (d); and (e) 10% of each $1 of the royalty amount that is more than the threshold amount for paragraph (d). (2) In this section— consumer price index means the all groups consumer price index for Brisbane published by the Australian Statistician. threshold amount — (a) for the financial year ending 30 June 2011— (i) for paragraph (a), means $100000; and (ii) for paragraph (b), means $200000; and (iii) for paragraph (c), means $500000; and (iv) for paragraph (d), means $1000000; and (b) for a later financial year—for paragraphs (a), (b), (c) and (d), means the threshold amount for the particular paragraph for the financial year immediately preceding the later financial year (the previous financial year ) Current as at 26 July 2013 Page 19

Aboriginal Land Regulation 2011 Part 5 Appeals to Land Appeal Court [s 38] increased by the consumer price index for the previous financial year. Part 5 Appeals to Land Appeal Court 38 Application of pt 5 This part applies for section 233 of the Act. 39 Starting appeal to Land Appeal Court (1) A party to a proceeding before the Land Tribunal may appeal, or seek leave to appeal, against a decision of the tribunal mentioned in section 233 of the Act, by giving a written notice of appeal— (a) to the registrar of the Land Appeal Court; and (b) to all other parties to the proceeding before the tribunal or a party’s authorised agent; and (c) to the registrar of the tribunal. (2) The notice must be given no later than 42 days after the tribunal’s decision was given to the party. (3) If— (a) more than 5 Aboriginal people made the land claim the subject of the decision that is appealed against; or (b) more than 5 other people have a common interest in the appeal; the registrar of the Land Appeal Court may, on application by the party who is appealing, provide for substituted service as the registrar considers reasonable. Page 20 Current as at 26 July 2013

Aboriginal Land Regulation 2011 Part 5 Appeals to Land Appeal Court [s 40] 40 Court may accept some noncompliance with s 39 (1) This section applies if a party to a proceeding before the Land Tribunal— (a) complies with section 39, other than section 39(2), no later than 70 days after the tribunal’s decision was given to the party and the Land Appeal Court is satisfied the party’s reasons for the noncompliance are reasonable; or (b) does not comply with section 39 because the party’s notice of appeal is defective and the Land Appeal Court decides the defect does not result in a detriment to the person on whom it was served and does not mislead the registrar of the Land Appeal Court. (2) The party is taken to have complied with section 39 for the proceeding. 41 Other parties may give notice of appearance A person who— (a) is given a notice of appeal; and (b) is interested in the appeal; may become a party to the appeal by giving the registrar of the Land Appeal Court a written notice of appearance no later than 30 days after the person was given the notice of appeal. 42 Parties to prepare summary of arguments and of new evidence (1) A party to an appeal must give the registrar of the Land Appeal Court, and any other party who has given a written notice of appearance, a written summary of— (a) the arguments the party intends to make at the hearing of the appeal; and (b) any new evidence the party intends to produce at the hearing of the appeal; and Current as at 26 July 2013 Page 21

Aboriginal Land Regulation 2011 Part 6 Declarations [s 43] (c) the names, addresses and occupations of the witnesses through whom it is proposed to adduce any new evidence. (2) The written summary must be given at least 7 days before the day on which the hearing of the appeal is to start. (3) Evidence not included in the summary under subsection (1) may be adduced at the hearing of the appeal only with the consent of the Land Appeal Court given on the terms as to costs and adjournments, and the conditions, the court considers appropriate. 43 Legal representation A party to an appeal may be represented by the party’s lawyer or agent. 44 Forms for appeals If a form for a type of court document is approved for use under the Land Court Rules 2000 , a party to an appeal must use the form, with necessary changes, when the party is required to give a form of that type. Part 6 Declarations 45 Tidal land that is available State land—Act, s 27 For section 27(1) of the Act, the tidal land described in schedule 1 is declared to be available State land. 46 Available State land that is transferable land—Act, s 10 For section 10(1)(e) of the Act, the available State land described in schedule 2 is declared to be transferable land. Page 22 Current as at 26 July 2013

Aboriginal Land Regulation 2011 Part 7 Miscellaneous provision [s 47] 47 Available State land that is claimable land—Act, s 23 For section 23(1)(a) of the Act, the available State land described in schedule 3 is declared to be claimable land. 48 Aboriginal reserve land—Act, s 12 For section 12(1) of the Act, it is declared that the land described in schedule 4 was, at the beginning of the enactment day, being used as an Aboriginal reserve or for the benefit of Aboriginal people. 49 References to plans In schedules 1 to 4, a reference to a plan is a reference to a plan held by, and available for inspection in, the department. Part 7 Miscellaneous provision 50 Application of provisions for particular land (1) This section applies to land that— (a) is granted under part 4 of the Act; and (b) is held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants. (2) Sections 15, 22 and 36 apply in relation to the land— (a) as if the reference in section 15(4), definition individual to an Aboriginal person particularly concerned with the land included a reference to a Torres Strait Islander particularly concerned with the land; and (b) as if the reference in section 22(a) to Aboriginal people included a reference to Torres Strait Islanders; and Current as at 26 July 2013 Page 23

Aboriginal Land Regulation 2011 Part 8 Repeal and transitional provisions [s 51] (c) as if the reference in section 36(2)(a) to Aboriginal people particularly concerned with the land included a reference to Torres Strait Islanders particularly concerned with the land; and (d) as if the reference in section 36(2)(b) to Aboriginal people included a reference to Torres Strait Islanders. Part 8 Repeal and transitional provisions Division 1 Repeal 51 Repeal The Aboriginal Land Regulation 1991, SL No. 218 is repealed. Division 2 Transitional provisions 52 Definition for div 2 In this division— commencement means the day this division commences. 53 Members of executive committee continue in office (1) This section applies to a person who is the chairperson, deputy chairperson, secretary or other office holder on the executive committee of a land trust immediately before the commencement. Page 24 Current as at 26 July 2013

Aboriginal Land Regulation 2011 Part 8 Repeal and transitional provisions [s 54] (2) On the commencement, the person continues as the chairperson, deputy chairperson, secretary or other office holder on the executive committee of the land trust. 54 Land trust’s adopted rules continue (1) This section applies to a land trust in existence immediately before the commencement. (2) The adopted rules of the land trust under the repealed regulation are taken to be the land trust’s adopted rules under this regulation. 55 Continuing operation of particular provisions of repealed regulation (1) This section applies— (a) to an Aboriginal land claim association incorporated under the repealed regulation and in existence immediately before the commencement; and (b) until the day that is 3 years after the commencement; and (c) despite the repeal of the repealed regulation. (2) The following provisions of the repealed regulation continue in force for the purpose of the dissolution or winding-up of the association— (a) section 2, to the extent it includes the following definitions— (i) association; (ii) land claim; (iii) land claim purposes; (iv) public officer; (b) sections 16 to 18. (3) If a provision that is continued in force under this section imposes an obligation on an entity or provides for an entity to Current as at 26 July 2013 Page 25

Aboriginal Land Regulation 2011 Part 8 Repeal and transitional provisions [s 56] take a particular action in relation to the dissolution or winding-up of an Aboriginal land claim association, while the provision is continued in force— (a) the obligation continues to be imposed on the entity; and (b) the entity may take the action. 56 Chief executive may dissolve Aboriginal land claim associations (1) This section applies— (a) to an Aboriginal land claim association incorporated under the repealed regulation and in existence on the commencement; and (b) until the day that is 3 years after the commencement; and (c) if the chief executive is satisfied the association is no longer needed for land claim purposes. (2) The chief executive may give the association a written notice stating— (a) the chief executive intends to dissolve the association; and (b) the reason for the proposed dissolution; and (c) that the association may make written representations to the chief executive about the proposed dissolution; and (d) the reasonable period, of at least 3 months, in which the representations may be made. (3) The chief executive must consider all representations made under subsection (2). (4) If, after considering all representations made under subsection (2), the chief executive is satisfied the association is no longer needed for land claim purposes, the chief executive may, by gazette notice, dissolve the association. (5) The dissolution of the association has effect on the day the gazette notice is published. Page 26 Current as at 26 July 2013

Aboriginal Land Regulation 2011 Part 8 Repeal and transitional provisions [s 56] (6) If the association is dissolved under this section, the assets and liabilities of the association vest in the State. Current as at 26 July 2013 Page 27

Aboriginal Land Regulation 2011 Schedule 1 Schedule 1 Tidal land that is available State land section 45 1 tidal land in lot 92 on SP224298, County of Solander, Parish of Alexandra 2 lot 32 on SP189950, County of Norman, Parish of Kimberley Page 28 Current as at 26 July 2013

Schedule 2 Aboriginal Land Regulation 2011 Schedule 2 Available State land that is transferable land section 46 1 lot 2 on SP218859, County of Bauhinia, Parish of Bauhinia, area of 1.072ha 2 lot 77 on SP218860, County of Bauhinia, Parish of Bauhinia, area of 5.755ha 3 lot 2 on SP125433, County of Cardwell, Parish of Rockingham, area of 10.86ha 4 lot 3 on SP171843, County of Cardwell, Parish of Rockingham, area of 10.43ha 5 lot 2 on SP171837, County of Solander, Parish of Clerk, area of 2.362ha 6 lot 3 on SP171837, County of Solander, Parish of Clerk, area of 1.454ha 7 lot 372 on SP224308, counties of Banks and Solander, parishes of Gore, Monkhouse, Clerk and Phipps, area of 20300ha 8 lot 272 on SP224301, County of Solander, parishes of Bloomfield, Clerk, Noah, Tribulation and Alexandra, area of 33490ha 9 lots 2 and 3 on SP226636, County of Banks, Parish of Monkhouse, area of 77.98ha 10 lot 60 on SP215750, County of Banks, parishes of Annan and Monkhouse, area of 1010ha 11 lots 53 and 100 on SP224327, County of Solander, Parish of Alexandra, area of 3401.45ha 12 lot 55 on SP224300, County of Solander, Parish of Clerk, area of 223.7ha 13 lots 58 and 59 on SP204110, County of Solander, Parish of Whyanbeel, area of 353.65ha Current as at 26 July 2013 Page 29

Aboriginal Land Regulation 2011 Schedule 2 14 lots 65 and 99 on SP217464, County of Solander, Parish of Alexandra, area of 5.749ha 15 lot 71 on SP224299, County of Solander, Parish of Dagmar, area of 3163ha 16 lot 172 on SP224303, County of Solander, Parish of Clerk, area of 148.2ha 17 lot 74 on SP224314, County of Solander, Parish of Tribulation, area of 3.259ha 18 lots 78 and 79 on SP215748, County of Solander, Parish of Phipps, area of 3.086ha 19 lot 80 on SP224316, County of Solander, Parish of Tribulation, area of 5.867ha 20 lots 81 and 220 on SP222583, County of Solander, Parish of Whyanbeel, area of 238.563ha 21 lots 44 and 61 on SP224317, County of Solander, Parish of Whyanbeel, area of 46.289ha 22 lot 92 on SP224298, County of Solander, Parish of Alexandra, area of 77.14ha 23 lots 19 and 23 on SP224288, County of Solander, Parish of Whyanbeel, area of 57.25ha 24 lot 226 on SP224320, County of Solander, Parish of Alexandra, area of 71.028ha 25 lot 173 on BK15769, County of Solander, Parish of Alexandra, area of 79.217ha 26 lot 272 on BK15780, County of Solander, Parish of Alexandra, area of 17.1874ha 27 lots 165, 166 and 167 on N157119, County of Solander, Parish of Victory, area of 1.5478ha 28 lot 33 on SR118, County of Solander, Parish of Alexandra, area of 43.68ha 29 lot 141 on SP224302, County of Solander, Parish of Alexandra, area of 164.14ha Page 30 Current as at 26 July 2013

Aboriginal Land Regulation 2011 Schedule 2 30 lot 18 on BS18, County of Banks, Parish of Monkhouse, area of 1.214ha 31 lot 157 on SP215738, County of Banks, Parish of Monkhouse, area of 9.082ha 32 lot 32 on SP104237, County of Solander, Parish of Alexandra, area of 57.32ha 33 lot 225 on SP215749, County of Solander, Parish of Dagmar, area of 1.634ha 34 lot 34 on SP224319, County of Solander, Parish of Alexandra, area of 21.32ha 35 lot 245 on SP219631, County of Solander, Parish of Alexandra, area of 0.8ha 36 lot 246 on SP219632, County of Solander, Parish of Alexandra, area of 0.1406ha 37 lot 32 on SP189950, County of Norman, Parish of Kimberley, area of 1089.54ha 38 lot 1 on SP241428, County of Elphinstone, Parish of Magnetic, area of 6.282ha 39 lot 1 on SP143248, County of Murchison, Parish of Waverley, area of 21.85ha 40 lot 1 on SP245945, County of Clinton, Parish of Auckland, area of 3.297ha 41 lot 38 on SP247304, County of Cardwell, Parish of Rockingham, area of 27.93ha 42 lot 2 on SP247308, County of Cardwell, Parish of Rockingham, area of 28.86ha 43 lot 634 on SP247307, County of Cardwell, Parish of Rockingham, area of 10.7534ha 44 lots 2, 4, 5 and 22 on SP241405, counties of Dulhunty, Shelburne and York, parishes of Bazley, Berney, Bethell, Blane, Boothby, Loftus, Lovaine, Suffield, Templemore, Thring and Trevor, area of 241637ha 45 lot 48 on SP142707, County of Torres, Parish of Port Kennedy, area of 62.81ha Current as at 26 July 2013 Page 31

Aboriginal Land Regulation 2011 Schedule 2 46 lots 131 and 132 on SP218277, County of Cardwell, Parish of Meunga, area of 2.1371ha 47 lot 199 on SP252222, County of Nares, Parish of Hull, area of 11.7ha 48 lots 341 and 646 on SP252229, County of Cardwell, Parish of Rockingham, area of 52.225ha 49 lot 623 on SP241402, County of Pera, Parish of Urquhart, area of 533.3ha 50 lot 624 on SP241403, County of Pera, Parish of Stanmore and Rosemead, area of 1529ha 51 lot 2 on SP241427, County of Weymouth, Parish of Weymouth, area of 1.526ha 52 lot 37 on USL8141, County of Melville, Parish of Ninian, area of 1ha 53 lots 17, 18 and 19 on ROP108, County of Roper, Parish of Burwood, area of 1.0926ha 54 lots 10, 19, 23 and 37 on SP157919, County of Cook, Parish of Burrum, area of 188.922ha Page 32 Current as at 26 July 2013

Schedule 3 Aboriginal Land Regulation 2011 Schedule 3 Available State land that is claimable land section 47 1 Land contained in lot 17 on plan NPW627 situated in the counties of Gregory, Mueller and Morstone, containing an area of about 282000ha and known as Lawn Hill National Park. Current as at 26 July 2013 Page 33

Aboriginal Land Regulation 2011 Schedule 4 Schedule 4 Aboriginal reserve land section 48 1 R2048 (Reserve for scenic (bora ground) purposes), being lot 193 on plan SL4360, County of Stanley, Parish of Samford, area of 1.985ha Page 34 Current as at 26 July 2013

Schedule 5 Dictionary Aboriginal Land Regulation 2011 Schedule 5 section 3 adopted rules , of a land trust, see section 11(1). commencement , for part 8, division 2, see section 52. general meeting means an annual general meeting or special general meeting. land claim means a claim under the Act for claimable land. meeting , for part 2, division 2, subdivision 2, see section 13. rules , of a land trust, means the rules of the land trust as in force from time to time. total income , for a land trust in a financial year, does not include any amount it receives by way of a grant, if expenditure of the grant is accounted for by the land trust under financial reporting and acquittance requirements provided for under the terms of the grant. Current as at 26 July 2013 Page 35

Aboriginal Land Regulation 2011 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992 , section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 26 July 2013. Future amendments of the Aboriginal Land Regulation 2011 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Page 36 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Current as at 26 July 2013

Aboriginal Land Regulation 2011 Endnotes 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B 1C 1D 1E Amendments included none 2011 SL No. 190 2011 SL No. 282 2012 SL No. 66 2012 SL No. 67 2012 SL No. 173 2012 SL No. 233 Effective 9 September 2011 30 September 2011 9 December 2011 8 June 2012 5 October 2012 14 December 2012 Notes Current as at 22 February 2013 19 April 2013 10 May 2013 12 July 2013 19 July 2013 26 July 2013 Amendments included 2013 SL No. 20 2013 SL No. 51 2013 SL No. 62 2013 SL No. 137 2013 SL No. 142 2013 SL No. 147 Notes 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Current as at 26 July 2013 Page 37

Aboriginal Land Regulation 2011 Endnotes Aboriginal Land Regulation 2011 SL No. 175 made by the Governor in Council on 8 September 2011 notfd gaz 9 September 2011 pp 100–3 ss 1–2 commenced on date of notification remaining provisions commenced 9 September 2011 immediately after the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 s 90 (see s 2 and 2011 SL No. 173) exp 1 September 2022 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Financial Accountability and Other Legislation Amendment Regulation (No. 1) 2011 SL No. 190 pts 1–2 notfd gaz 30 September 2011 pp 238–40 commenced on date of notification Aboriginal Land Amendment Regulation (No. 6) 2011 SL No. 282 notfd gaz 9 December 2011 pp 729–35 ss 1–2 commenced on date of notification s 5 commenced 9 December 2011 immediately after the commencement of s 4 (see s 2) remaining provisions commenced on date of notification Aboriginal Land Amendment Regulation (No. 1) 2012 SL No. 66 notfd gaz 8 June 2012 pp 276–7 commenced on date of notification Aboriginal Land Amendment Regulation (No. 2) 2012 SL No. 67 notfd gaz 8 June 2012 pp 276–7 commenced on date of notification Aboriginal Land Amendment Regulation (No. 3) 2012 SL No. 173 notfd gaz 5 October 2012 pp 182–3 commenced on date of notification Aboriginal Land Amendment Regulation (No. 4) 2012 SL No. 233 notfd gaz 14 December 2012 pp 548–52 commenced on date of notification Aboriginal Land Amendment Regulation (No. 1) 2013 SL No. 20 notfd gaz 22 February 2013 pp 291–2 commenced on date of notification Aboriginal Land Amendment Regulation (No. 2) 2013 SL No. 51 notfd gaz 19 April 2013 pp 535-6 commenced on date of notification Aboriginal Land Amendment Regulation (No. 3) 2013 SL No. 62 notfd gaz 10 May 2013 pp 49–50 commenced on date of notification Page 38 Current as at 26 July 2013

Aboriginal Land Regulation 2011 Endnotes Aboriginal and Torres Strait Islander Land Legislation Amendment Regulation (No. 1) 2013 SL No. 137 pts 1–2 notfd gaz 12 July 2013 pp 850–1 commenced on date of notification Aboriginal Land Amendment Regulation (No. 4) 2013 SL No. 142 notfd gaz 19 July 2013 pp 884–5 commenced on date of notification Aboriginal Land Amendment Regulation (No. 5) 2013 SL No. 147 notfd gaz 26 July 2013 pp 912–13 commenced on date of notification 6 List of annotations PART 2—PROVISIONS ABOUT LAND TRUSTS Chairperson, deputy chairperson and secretary—appointment s 8 amd 2013 SL No. 137 s 3 Division 2—Rules of land trusts Adoption of rules s 11 amd 2013 SL No. 137 s 4 Content of adopted rules s 12 amd 2013 SL No. 137 s 5 Subdivision 3—Rule about filling executive offices sdiv hdg prev sdiv 3 hdg om 2013 SL No. 137 s 6 pres sdiv 3 hdg (prev sdiv 4 hdg) renum 2013 SL No. 137 s 7 Application of sdiv 3 s 18 om 2013 SL No. 137 s 6 Resolution of executive committee without meeting s 19 om 2013 SL No. 137 s 6 Division 3—Trust property div hdg prev div 3 hdg om 2013 SL No. 137 s 8 pres div 3 hdg (prev div 4 hdg) renum 2013 SL No. 137 s 9 Information about appointment, removal or resignation of members s 21 om 2013 SL No. 137 s 8 Division 4—Accounts, annual financial statements and audit requirements div hdg (prev div 5 hdg) renum 2013 SL No. 137 s 9 Audit requirements s 29 amd 2011 SL No. 190 s 3 Division 5—General meetings div hdg (prev div 6 hdg) renum 2013 SL No. 137 s 9 Current as at 26 July 2013 Page 39

Aboriginal Land Regulation 2011 Endnotes Division 6—Dissolution of land trust and transfer of trust property div hdg (prev div 7 hdg) renum 2013 SL No. 137 s 9 SCHEDULE 1—TIDAL LAND THAT IS AVAILABLE STATE LAND amd 2011 SL No. 282 s 4 SCHEDULE 2—AVAILABLE STATE LAND THAT IS TRANSFERABLE LAND amd 2011 SL No. 282 s 5; 2012 SL No. 66 s 3; 2012 SL No. 67 s 3; 2012 SL No. 173 s 3; 2012 SL No. 233 s 3; 2013 SL No. 20 s 3; 2013 SL No. 51 s 3; 2013 SL No. 62 s 3; 2013 SL No. 142 s 3; 2013 SL No. 147 s 3 © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 40 Current as at 26 July 2013