Aboriginal and Torres Strait Islander Land Holding Act 2013
Aboriginal and Torres Strait Islander Land Holding Act
2013
QueenslandAboriginalandTorresStraitIslanderLandHoldingAct2013Current as at 23 September 2013Warning—Most provisions of this legislation
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Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 1 Preliminary[s 1]Aboriginal and Torres Strait Islander
LandHolding Act 2013[as amended by
all amendments that commenced on or before 23 September2013]An Act to make ongoing provision for
particular matters arisingundertheAboriginesandTorresStraitIslanders(LandHolding) Act 1985 and to repeal that Act, and
to amend this Act,the Aboriginal Land Act 1991, the
Environmental Protection Act1994, the Land Act
1994, the Land Court Act 2000, the MineralResourcesAct1989,theSurveyandMappingInfrastructureAct 2003, the
Sustainable Planning Act 2009, the SustainablePlanning
Regulation 2009, the Torres Strait Islander Land Act1991,
the Vegetation Management Act 1999 and the Wild RiversRegulation 2007 for particular
purposesPart 1PreliminaryDivision 1Introduction1Short
titleThisActmaybecitedastheAboriginalandTorresStraitIslander Land Holding Act 2013.2CommencementThis Act, other
than the following provisions, commences ona day to be
fixed by proclamation—(a)part 12,
division 2, subdivisions 1 and 2;(b)part
12, division 4;Current as at 23 September 2013Page
9
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 1 Preliminary[s 3](c)part 12, division 10, subdivisions 1
and 2.3Main object of ActThe main object
of this Act is—(a)toprovideaframeworkforidentifyingandsatisfyingentitlementstograntsofleasesthatareoutstandingunder the 1985
Land Holding Act, including by dealingwithpracticalobstaclestosatisfyingtheentitlements;and(b)to resolve boundary problems affecting
particular 1985Act granted leases; and(c)to
the extent practicable, to apply the Aboriginal LandAct
1991 or the Torres Strait Islander Land Act 1991 toboth1985ActgrantedleasesandnewActgrantedleases.4Achieving Act’s main object(1)Achieving this Act’s main object
includes the following—(a)the
identification of outstanding lease entitlements;(b)consultation,negotiationandagreementaimedatresolvingpracticalobstaclestosatisfyingleaseentitlements;(c)consultation,negotiationandagreementaimedatresolvingboundaryproblemsaffectingsome1985Actgranted leases.(2)ThisActallowsforthedeferralofthegrantofaleasetosatisfyaleaseentitlement,havingregardtothepracticalobstacles that
may be identified.(3)Thepurposeofadeferralisnottodiminisharighttothegrant of the lease, but is
intended—(a)to allow the resolution of the
obstacles by agreement ora decision of the Land Court;
andPage 10Current as at 23
September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 1 Preliminary[s 5](b)toensurethegrant,whenmade,isnotaffectedbytheobstaclesinthewaythatwouldotherwisehappeniftherewasagrantoftheleasewithoutanattemptatresolution.5Approach adopted in applying ALA or
TSILA(1)ThisActprovidesforthecontinuationof1985Actgrantedleases and the
granting of new Act granted leases, and for theconditions
applying to the leases, in a way that—(a)takes account of rights and obligations
under the 1985Land Holding Act; and(b)totheextentpracticable,adoptstheregimegoverningland
and tenure management under ALA and TSILA.(2)This
Act also provides for the return to each trust area of landdivestedfromtheareaunderthe1985LandHoldingActtoensure that land leased under the 1985
Land Holding Act orthis Act can be—(a)effectively administered as part of the
trust area; and(b)otherwise dealt with substantially
under ALA or TSILAas may be applicable.(3)In
providing for the continuation of 1985 Act granted leasesand
the granting of new Act granted leases, this Act providesfor
the application of ALA or TSILA to the leases to the extentpracticable.6All
rights under 1985 Land Holding Act to be dealt withunder this ActA right a person
may have had under the 1985 Land HoldingAct to be
granted a lease under that Act may be satisfied onlyin
the form of a grant to satisfy a lease entitlement as
providedfor under this Act.Current as at 23
September 2013Page 11
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 1 Preliminary[s 7]7Act binds all persons(1)ThisActbindsallpersons,includingtheStateand,totheextentthelegislativepoweroftheParliamentpermits,theCommonwealth and the other
States.(2)Nothing in this Act makes the State
liable to be prosecuted foran
offence.Division 2Interpretation8DefinitionsThe dictionary
in the schedule defines particular words usedin this
Act.9Meaning of lease entitlement and
holder of leaseentitlement(1)Alease entitlementis an
entitlement to be granted a lease tosatisfy an
entitlement under the 1985 Land Holding Act.(2)A
lease entitlement exists if all of the following
circumstancesapply—(a)apersonmadeanapplicationunderthe1985LandHolding Act, section 5 to be granted a lease
under theauthority of that Act within a trust area
(thetrust areafor the lease
entitlement);(b)theapplicationfortheleasewasmadeonorafter15June
1985 but on or before 20 December 1991;(c)theapplicationfortheleasewasexhibitedintheway,andfortheperiod,requiredunderthe1985LandHolding Act, section 6(1)(a);(d)either of the following has
happened—(i)the trustee council for the
application approved thegranting of the lease, whether or not
notification oftheapprovalwasgivenunderthe1985LandHolding Act, section 6(1)(b);Page
12Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 1 Preliminary[s 10](ii)theappealtribunalapprovedthegrantingofthelease;(e)theleasewasnevergrantedunderthe1985LandHolding Act.(3)Theholderof a lease
entitlement is the person who, when thegrantingoftheleasewasapprovedunderthe1985LandHolding Act, was the applicant under that
Act for the grant.(4)In this section—appealtribunalmeansanappealtribunalasconstitutedunder the 1985
Land Holding Act.10Meaning of trust area and
trustee(1)Atrust
areais land that was at any time a trust area
under the1985 Land Holding Act.(2)Thetrustee, of a trust
area, is the entity that is—(a)totheextentlandinthetrustareaisthesubjectofadeedofgrantintrustorareserveundertheLandAct—the land’s
trustee under that Act; or(b)totheextentlandinthetrustareaistransferredlandunderALAorTSILA—theentitythat,underALAorTSILA, holds the
land.(3)InaprovisionofthisActaboutalease,oraboutaleaseentitlement or a
lease entitlement notice—(a)a reference to
the trustee of the trust area is taken to bea reference to
the trustee of the trust area, or the part ofthe trust area,
in which the lease land is located or inwhichthelandthesubjectoftheleaseentitlementorlease entitlement notice is located;
and(b)a reference to a trust area is taken
to be a reference tothe trust area, or the part of the
trust area, in which thelease land is located or in which the
land the subject oftheleaseentitlementorleaseentitlementnoticeislocated.Current as at 23
September 2013Page 13
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 2 Transition from 1985 Land Holding Act
to this Act[s 11]Part 2Transition from 1985 LandHolding Act to this ActDivision 1Adjustment of status of landaffected by 1985 Land Holding Act11Return of land previously divested
under 1985 LandHolding Act(1)On
the commencement of this section, land within a trust areathat, under the 1985 Land Holding Act,
section 10(1) or (2)divestedfrom,orpassedfromthecontrolof,anentity,becomes vested
in the entity that is currently the trustee of thetrust area, or the part of the trust area,
in which the land islocated in the same way it would have
been vested if it had notbeen divested.Example—If
the external boundaries of the trust area are the external
boundariesof a deed of grant in trust under the Land
Act, the land vested under thissection becomes
part of the deed of grant in trust land.(2)The
vesting of land under subsection (1) does not affect—(a)the continuation of any 1985 Act
granted lease grantedover the land; or(b)theownershipofastructuralimprovementlocatedonthat land.Note—See
also section 12 and part 7.(3)The
chief executive, or, if appropriate, the registrar, must
makeany necessary change in the appropriate
register to record theoperation of subsection (1).12Continuation of 1985 Act granted
leases(1)This section applies if—Page
14Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 2 Transition from 1985 Land Holding Act
to this Act[s 12](a)a
lease was granted, or purportedly granted, in a trustarea
before the commencement of the section; and(b)thegrantwas,orpurportedtobe,undertheauthorityof—(i)the 1985 Land Holding Act; or(ii)another Act, but
with reference being made to the1985 Land
Holding Act; or(iii)the 1985 Land
Holding Act and another Act; andExample for
paragraph (b)(iii)—The wording of an instrument issued for the
grant of alease may have indicated that the lease was
granted underboththeAboriginesandTorresStraitIslanders(LandHolding) Act 1985 and the Land Act.(c)the lease was still in force, or
purportedly still in force,immediately
before the repeal of the 1985 Land HoldingAct.Example for paragraph (c)—The
lease wasnotsurrenderedbeforetherepealofthe1985Land Holding
Act.(2)For this Act, the lease is a1985
Act granted lease.(3)A 1985 Act
granted lease—(a)is taken to have been a validly
granted lease from whenit was granted or purportedly granted
until the repeal ofthe 1985 Land Holding Act; and(b)forallpurposesistakentohavebeengrantedsolelyunder the authority of the 1985 Land Holding
Act; and(c)continues in force despitetherepeal of the1985LandHolding
Act.(4)From the commencement of this section,
the lessor of a 1985Act granted lease is taken to
be—(a)the trustee of the trust area;
orCurrent as at 23 September 2013Page
15
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 2 Transition from 1985 Land Holding Act
to this Act[s 13](b)if
the lease land is also the subject of a townsite leaseunderALAorTSILA—thelesseeunderthetownsitelease.(5)If, under the 1985 Land Holding Act, a
1985 Act granted leasewas granted as a lease in perpetuity,
the lease continues as alease granted in perpetuity and for
the same purpose as thepurpose for which the 1985 Act granted
lease was granted.(6)If, under the 1985 Land Holding Act, a
1985 Act granted leasewas granted as a lease for a term of
years, the lease continuesasaleasegrantedforthesametermofyears,andforthesame purpose, as
the term and purpose for which the 1985 Actgranted lease
was granted.(7)A 1985 Act granted lease—(a)continuestobesubjecttoconditionsrecordedontheinstrument of
lease for the 1985 Act granted lease, otherthan,foraleasegrantedinperpetuity,anyconditionsproviding, or
purporting to provide, for the rent payableunder the lease;
and(b)as a continuing lease, is subject
to—(i)the conditions provided for under part
8; and(ii)theprovisionsofALAorTSILAasprovidedforunder part 9.(8)The
chief executive, or if appropriate, the registrar, may makeany
necessary change in the appropriate register to record theoperation of this section, including to
record this Act as theauthority for the continuation of a
1985 Act granted lease.Division 2Advice to
Minister13Establishment of Land Holding Act
stakeholder referencepanels(1)The
Minister may establish a Land Holding Act stakeholderreference panel for a trust area to give
information and adviceto the Minister as provided for under
this Act.Page 16Current as at 23
September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 3 Lease entitlements[s 14](2)A Land Holding Act stakeholder
reference panel may includeany of the
following—(a)the chief executive;(b)anyotherchiefexecutivehavingresponsibilitiesinrelation to the trust area;Examples for paragraph (b)—•the housing chief executive•thechiefexecutiveofthedepartmentinwhichtheLocalGovernment Act
2009 is administered(c)any trustee of
the trust area.(3)A member of a Land Holding Act
stakeholder reference panelmayberepresentedatameetingofthepanelbyapersonnominated by the
member.(4)ALandHoldingActstakeholderreferencepanelmayinvitepersons, or
representatives of persons, likely to be affected byissuesforconsiderationbythepaneltoparticipateinthepanel’s consideration of the
matters.Examples for subsection (4)—•native title parties•the local government with
responsibility for the trust areaPart 3Lease entitlementsDivision 1Introduction14Operation of pt 3This part
establishes a process for—(a)thechiefexecutivetopublishinformationaboutleaseentitlements;
andCurrent as at 23 September 2013Page
17
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 3 Lease entitlements[s 15](b)personstoapplytothechiefexecutivetopublishorreplace published information about lease
entitlements.Division 2Publication of
lease entitlementnotices15Chief executive to publish lease entitlement
noticeThe chief executive must publish a notice
(alease entitlementnotice)
for each lease entitlement within a trust area of whichthe
chief executive is aware.16Requirements for
lease entitlement notice(1)Aleaseentitlementnoticeforaleaseentitlementmustbepublished on the department’s
website.(2)Theleaseentitlementnoticemustincludeallinformationabout the lease
entitlement reasonably able to be included inthe
notice.(3)Without limiting subsection (2), the
notice must—(a)identify the trust area for the lease
entitlement; and(b)includetheidentificationnumberoftheoriginalapplication for the lease entitlement, if
known; and(c)identify the holder of the lease
entitlement; and(d)to the extent reasonably practicable,
give a descriptionof the lease entitlement land; and(e)state the date of the notice.(4)The chief executive may publish a
lease entitlement notice fora lease
entitlement only if the chief executive is satisfied aboutthe
existence of the lease entitlement.Page 18Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 3 Lease entitlements[s 17]17Replacement lease entitlement
noticeThe chief executive may publish a lease
entitlement notice toreplacealeaseentitlementnoticecurrentlyinforceonthebasis of further or more accurate
information obtained by thechief
executive.Division 3Trust area
notice18Chief executive to notify trustee
about lease entitlements(1)Thissectionappliesifthechiefexecutiveissatisfiedthatsubstantiallyalloftheleaseentitlementnoticesforatrustarea
have been published.(2)The chief
executive may give a written notice to the trustee ofthe
trust area (atrust area notice) to advise the
trustee of allleaseentitlementnoticesthathavebeenpublishedforleaseentitlements for
the trust area.(3)The trust area notice must—(a)identify the trust area; and(b)include a copy of all lease
entitlement notices that havebeen published
for the trust area; and(c)state the date
of the notice; and(d)includeastatementthatapersonhas18monthsfromthe
date of the notice to apply to the chief executive topublish—(i)aleaseentitlementnoticeforaleaseentitlementnot included in
the trust area notice; or(ii)a replacement
lease entitlement notice for a leaseentitlement
notice that is included in the trust areanotice but that
is incorrect.Current as at 23 September 2013Page
19
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 3 Lease entitlements[s 19]19Chief executive to notify trustee if
no lease entitlements(1)The chief
executive may give a written notice to the trustee ofa
trust area (also atrust area notice) if the chief
executive issatisfied that no lease entitlements exist
for the trust area.(2)The trust area notice must—(a)identify the trust area; and(b)state the date of the notice;
and(c)includeastatementthatapersonhas18monthsfromthe
date of the notice to apply to the chief executive topublish a lease entitlement notice for the
trust area.20Publication of trust area
notice(1)Thechiefexecutivemustpublishatrustareanoticeonthedepartment’s website.(2)The chief executive may ask the
trustee of a trust area—(a)to display a
copy of a trust area notice in a prominentlocation in a
trust area for a stated period; and(b)to
keep a copy of the notice available for inspection at asuitable location in the trust area for a
stated period.Division 4Addition to and
replacement oflease entitlement notices21Time limits for application under this
division(1)Thisdivisionprovidesforapersontoapplytothechiefexecutive to
publish or replace a lease entitlement notice for atrust area.(2)Subjecttosubsection(3),anapplicationunderthisdivisioncannotbemadelaterthan18monthsafterthedateofthetrust area notice for the trust
area.Page 20Current as at 23
September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 3 Lease entitlements[s 22](3)However, a person may apply to the
chief executive under thisdivision at any time if no trust area
notice for the trust areahas been given by the chief
executive.(4)The period stated under subsection (2)
applies whether or notthetrustareanoticehasbeendisplayedbythetrusteeincompliancewitharequestfromthechiefexecutiveundersection
20.22Application for publication of lease
entitlement notice(1)A person (theapplicant)
may apply to the chief executive topublish a lease
entitlement notice for a lease entitlement in atrust
area.(2)The applicantmustgivethechief executive information anddocuments in the applicant’s possession to
identify the detailsof the lease entitlement, including
its holder.(3)If the applicant and the person
identified as the holder of thelease
entitlement are not the same person, the applicant mustincludewiththeapplicationinformationtosatisfythechiefexecutivethatitisreasonableinthecircumstancesfortheapplicant to be making the
application.(4)The chief executive may ask the
applicant to provide furtherinformationtosupporttheapplicationwithinastatedreasonable
period.(5)Thechiefexecutivemustdecidetheapplication,andadvisethe applicant of
the decision, within—(a)6 months after
the application was made; or(b)6
months after the application was made together withany
time the chief executive reasonably requires to dealwith
additional information given by the applicant.(6)The
chief executive may decide the application if the applicantdoesnotprovideadditionalinformationwithinthestatedperiod.Current as at 23 September 2013Page
21
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 3 Lease entitlements[s 23](7)The chief executive may grant the
application only if the chiefexecutiveissatisfiedabouttheexistenceoftheleaseentitlement as
identified in the application.(8)Ifthechiefexecutivegrantstheapplication,thechiefexecutive
must—(a)publish the lease entitlement notice
on the department’swebsite; and(b)give
a copy of the lease entitlement notice to the trusteeof
the trust area.(9)Ifthechiefexecutiverefusestheapplication,thechiefexecutive must
give a notice to the applicant advising of therefusalandincludethechiefexecutive’sreasonsforthedecision to
refuse.23Appeal to Land Court against refusal
to publish leaseentitlement notice(1)Thissectionappliesifthechiefexecutiverefusesanapplication to publish a lease entitlement
notice.(2)TheapplicantmayappealtotheLandCourtagainstthedecision.(3)The
appeal must be started within 28 days after the applicantis
given notice of the chief executive’s decision to refuse theapplication.(4)The
parties to the appeal are—(a)the applicant;
and(b)the chief executive.(5)IftheLandCourtdecidesthattheleaseentitlementnoticeshould be published, the Land Court’s
decision must includethe details of the lease entitlement
to be included in the notice.(6)It
is not necessary for the details mentioned in subsection (5)to
be consistent in every respect with the details included inthe
application as dealt with by the chief executive.Page
22Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 3 Lease entitlements[s 24]24Application for replacement of lease
entitlement notice(1)A person (theapplicant)
may apply to the chief executive topublishaleaseentitlementnoticetoreplacealeaseentitlement
notice currently in force for a trust area becausetheleaseentitlementnoticedoesnotaccuratelystatethedetails of a lease entitlement.(2)The applicantmustgivethechief executive information anddocuments in the applicant’s possession to
identify the detailsof the notice applied for.(3)If the applicant and the person
identified, or proposed to beidentified,astheholderoftheleaseentitlementunderthereplacementnoticearenotthesameperson,theapplicantmustincludewiththeapplicationinformationtosatisfythechief executive that it is reasonable in the
circumstances forthe applicant to be making the
application.(4)The chief executive may ask the
applicant to provide furtherinformationtosupporttheapplicationwithinastatedreasonable
period.(5)Thechiefexecutivemustdecidetheapplication,andadvisethe applicant of
the decision, within—(a)6 months after
the application was made; or(b)6
months after the application was made together withany
time the chief executive reasonably requires to dealwith
additional information given by the applicant.(6)The
chief executive may decide the application if the applicantdoesnotprovideadditionalinformationwithinthestatedperiod.(7)If the chief executive decides to
grant the application, it is notnecessary for
the decision to provide for a replacement leaseentitlement
notice that is consistent in every respect with thedetails included in the application.(8)However,thechiefexecutivemustbesatisfiedabouttheexistenceoftheleaseentitlementasidentifiedinthereplacement lease entitlement notice
as proposed by the chiefexecutive.Current as at 23
September 2013Page 23
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 3 Lease entitlements[s 25](9)Ifthechiefexecutivegrantstheapplication,thechiefexecutivemustpublishaleaseentitlementnoticeonthedepartment’s
website to replace the existing lease entitlementnotice.(10)Ifthechiefexecutiverefusestheapplication,oriftheapplicationisgrantedbutthechiefexecutive’sdecisionprovidesforareplacementnoticeinconsistentwiththeapplication,thechiefexecutivemustgiveanoticetotheapplicantadvisingofthedecisionandincludethechiefexecutive’s
reasons for the decision.(11)If, under this
section, the chief executive decides to publish areplacement lease entitlement notice, the
chief executive mustgive a copy of the replacement lease
entitlement notice, andthe chief executive’s reasons for the
decision, to—(a)the trustee of the trust area;
and(b)any person the chief executive
reasonably considers tobeanaffectedpersonforthedecision,including,forexample, a person named in the lease
entitlement noticeproposed to be replaced.25Appeal to Land Court about decision on
application forreplacement of lease entitlement
notice(1)Thissectionappliesif,undersection24,thechiefexecutivedecidesanapplicationfromapersontopublishaleaseentitlementnoticereplacingaleaseentitlementnoticecurrently in force.(2)TheapplicantmayappealtotheLandCourtagainstthedecision if—(a)the
decision is to refuse the application; or(b)thedecisionistogranttheapplicationbutinawaymentioned in section 24(10).(3)AnaffectedpersonwhowasnotifiedofthedecisionbythechiefexecutivemayappealtotheLandCourtagainstthedecision if—(a)the
decision is to grant the application; orPage 24Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 3 Lease entitlements[s 25](b)thedecisionistogranttheapplicationbutinawaymentioned in section 24(10).(4)Anappealbytheapplicantoranaffectedpersonmustbestarted within 28 days after the
applicant or affected person isgivennoticeofthechiefexecutive’sdecisionontheapplication.(5)The
parties to the appeal are—(a)the applicant;
and(b)the trustee for the trust area;
and(c)any affected person for the decision
who was notified bythe chief executive; and(d)the
chief executive.(6)Iftheappealisbytheapplicant,thechiefexecutivemustadvisetheapplicantandtheLandCourtofeachpersonmentioned in subsection (5)(c) to ensure
that each person maybe served.(7)If
the Land Court decides that a replacement lease entitlementnoticeshouldbepublished,theLandCourt’sdecisionmustinclude the details of the lease entitlement
to be included inthe replacement lease entitlement
notice.(8)It is not necessary for the details
mentioned in subsection (7)to be consistent
in every respect with the details included inthe application
as dealt with by the chief executive or in thechief
executive’s decision granting the application.(9)IftheLandCourtdecidesareplacementleaseentitlementnoticeshouldbepublished,thechiefexecutivemustgiveacopy of the replacement lease
entitlement notice to—(a)the trustee of
the trust area; and(b)any person the chief executive
reasonably considers tobe an affected person for the
decision.Current as at 23 September 2013Page
25
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 3 Lease entitlements[s 26]Division 5Lease
entitlement not established26Hardship certificate(1)Thechiefexecutivemaygiveapersonacertificate(ahardship certificate) under this
section if the chief executiveis satisfied all
of the following circumstances apply—(a)anapplicationforaleasewasmadebyanapplicantunder the 1985
Land Holding Act, section 5 on or after15 June 1985 but
on or before 20 December 1991;(b)thetrusteecouncilfortheapplicationadvisedtheapplicant,orotherwisegavetheapplicanttounderstand,thatthetrusteecouncilhadapprovedthegrantingoftheleasetotheapplicant,whetherornotnotificationoftheapprovalwasgiven,orpurportedlygiven,underthe1985LandHoldingAct,section6(1)(b);(c)either of the following acted in
reliance on the advice ofthe approval—(i)the
applicant;(ii)if the applicant
is deceased—an interested personin the estate of
the deceased applicant;(d)despite
paragraph (b), the trustee council never lawfullyapproved,underthe1985LandHoldingAct,thegranting of the lease;(e)if the trustee council had lawfully
approved the grantingofthelease,thechiefexecutivewouldbeauthorisedunder this Act
to publish a lease entitlement notice of alease
entitlement for the lease applied for.(2)The
hardship certificate must—(a)identify the
person who was the applicant; and(b)to
the extent reasonably practicable, give a descriptionof
the land that would have been the subject of the leaseentitlement; andPage 26Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 3 Lease entitlements[s 27](c)includetheidentificationnumberoftheoriginalapplication for the lease entitlement, if
known; and(d)identify the person who is the
recipient of the hardshipcertificate.Note—Under
ALA, section 142(4) and TSILA, section 107(4), the existence of
ahardship certificate means the value of the
lease land must be taken tobe nil.(3)The
chief executive may identify a person as the recipient ofthe
hardship certificate if the chief executive is satisfied
thatthe recipient would currently be entitled to
be the lessee if theapplication had been lawfully approved
and the lease granted.(4)Inidentifyingtherecipient,thechiefexecutivemayhaveregard to the
laws of succession.Division 6Surrender of
lease entitlement27Surrender(1)A
lease entitlement may be surrendered—(a)completely; or(b)to
the extent of a part of the lease entitlement land.(2)Thesurrendermaybeonthebasisofthepaymentofanagreed consideration for the
surrender.(3)Iftheholderisdeceased,thechiefexecutivemayacceptasurrenderfrompersonswhoareinterestedpersonsintheestate of the
deceased holder.(4)If a lease entitlement is surrendered,
the chief executive mustpublishonthedepartment’swebsitethecancellationofthelease entitlement notice for the lease
entitlement.(5)The publication of the notice ends the
lease entitlement and nofurtheractionmaybetakenunderthisActtosatisfytheentitlement.Current as at 23
September 2013Page 27
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 4 Identification of practical
obstacles[s 28]Part 4Identification of practicalobstacles28Operation of pt 4Thispartestablishesaprocessforexaminingeachleaseentitlementtoidentifypracticalobstaclesthatneedtoberesolvedbeforealeasecanbegrantedtosatisfytheleaseentitlement.29What
are practical obstacles(1)Without limiting
what practical obstacles to satisfying a leaseentitlementmaybeidentifiedunderthisAct,thefollowingcould be
expected to be identified as obstacles—(a)that
the location of the area of the lease entitlement landcan
not be clearly identified;(b)thattheownershipofimprovementsontheleaseentitlement land
needs to be resolved;(c)thatcompetinginterestsintheleaseentitlementlandneed
to be dealt with.(2)However,theidentification,ortheneedtoobtaintheagreement, of an interested person in the
estate of a deceasedholder of a lease entitlement is not a
practical obstacle underthis Act.30Minister refers lease entitlement notice to
Land HoldingAct stakeholder reference panel or reference
entity(1)Assoonaspracticableafteraleaseentitlementnoticeispublished for a lease entitlement in a
trust area, the Ministermust refer the notice to—(a)ifthereisaLandHoldingActstakeholderreferencepanelforthetrustarea—theLandHoldingActstakeholder reference panel; or(b)otherwise—the reference entity for the
lease entitlement.Page 28Current as at 23
September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 4 Identification of practical
obstacles[s 31](2)TheLandHoldingActstakeholderreferencepanelorreferenceentitymay,within3monthsafterthenoticeisreferred to it—(a)identifytotheMinisteranypracticalobstaclesitconsiders to exist to satisfying the
lease entitlement; and(b)givetheMinisteranyadviceorrecommendationitconsidersappropriateaboutsatisfyingtheleaseentitlement.31Minister advises of obstacles and gives
statement ofreasons(1)TheMinistermustconsideranyinformation,adviceorrecommendationgiventotheMinisterbytheLandHoldingActstakeholderreferencepanelorreferenceentityundersection30andprepareastatement(astatement of reasons(obstacles)) about
satisfying the lease entitlement.(2)The
statement of reasons (obstacles) must—(a)identify, to the extent known—(i)the practical obstacles that exist to
the granting ofa lease to satisfy the lease entitlement;
and(ii)the affected
persons for the obstacles; and(b)explaintheMinister’sreasonsforidentifyingtheobstacles and affected persons.(3)TheMinister’sstatementofreasons(obstacles)may,ifappropriate,statethatnopracticalobstaclesexisttosatisfying the lease entitlement.(4)The Minister must give the statement
of reasons (obstacles) tothe reference entity for the lease
entitlement.(5)The chief executive must take
reasonable steps to publish onthedepartment’swebsiteinformationaboutstatementsofreasons (obstacles) that are in effect from
time to time.Current as at 23 September 2013Page
29
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 4 Identification of practical
obstacles[s 32]32Application about statement of reasons
(obstacles)(1)This section applies if—(a)a statement of reasons (obstacles) is
currently in effectfor a lease entitlement; and(b)the statement identifies practical
obstacles; and(c)a person (therelevant
person) claims that there are nopractical obstacles to the grant of a lease
to satisfy thelease entitlement; and(d)the
relevant person is a proper applicant for the lease.(2)TherelevantpersonmayapplytotheMinisterforthestatement of reasons (obstacles) to be
amended to state thatthere are no practical obstacles to
the granting of a lease tosatisfy the lease entitlement.(3)TheMinistermayasktherelevantpersonforfurtherinformationtosupporttheapplicationwithinastatedreasonable
period.(4)TheMinistermustdecidetheapplication,andadvisetherelevant person of the decision,
within—(a)28 days after the application was
made; or(b)28daysaftertheapplicationwasmadetogetherwithany time the
Minister reasonably requires to deal withadditional
information given by the applicant.(5)The
Minister may decide the application if the applicant doesnot
provide additional information within the stated period.33Refusal to amend statement of reasons
(obstacles)(1)IftheMinisterrefusestoamendthestatementofreasons(obstacles) in
the way mentioned in section 32—(a)the
notice to the relevant person advising of the decisionmust
include the Minister’s reasons for the decision torefuse; and(b)therelevantpersonmayappealtotheLandCourtagainst the decision; andPage
30Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 5 Grants of leases to satisfy lease
entitlements[s 34](c)the
relevant person must, in starting the appeal, give theLand
Court a copy of the Minister’s reasons; and(d)theMinistermustadvisethereferenceentityfortheleaseentitlementthesubjectoftheapplicationofthestartingoftheappealandgivethereferenceentityacopy of the reasons mentioned in
paragraph (a).(2)The appeal must be started within 28
days after the relevantperson is given advice of the
decision.(3)Indecidingtheappeal,thecourtmayordertheMinistertochangethestatementofreasons(obstacles)inthewaythecourt considers appropriate.(4)IfthecourtorderstheMinistertochangethestatementofreasons(obstacles),theMinistermustgiveacopyofthechanged statement of reasons
(obstacles) to—(a)the relevant person; and(b)the reference entity for the lease
entitlement.(5)The parties to the appeal are—(a)the relevant person; and(b)the Minister; and(c)the
reference entity for the lease entitlement.Part 5Grants of leases to satisfylease entitlementsDivision 1Introduction34Operation of pt 5(1)Thispartestablishesaprocessforsatisfyingaleaseentitlement by
the granting of a lease.Current as at 23 September 2013Page
31
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 5 Grants of leases to satisfy lease
entitlements[s 35](2)If
there are no practical obstacles identified, the Minister
maygrant a lease to satisfy the lease
entitlement under division 2.(3)IfapersonappliestotheMinistertoproceedimmediatelywith the grant
of a lease and the application is granted underdivision 3, the
Minister may grant a lease to satisfy the leaseentitlement
under division 2.(4)Iftherearepracticalobstaclesidentified,theMinistermaygrant a lease to satisfy the lease
entitlement under division 4.Division 2Granting lease to satisfy leaseentitlement if no obstacles to grant35Minister may grant lease(1)The Minister may grant a lease in a
trust area if—(a)the lease is to satisfy a lease
entitlement included in alease entitlement notice currently in
force; and(b)the lease is granted to—(i)the holder of the lease entitlement as
identified intheleaseentitlementnoticewhetherornottheholder is
deceased; or(ii)iftheholderisdeceased,anappropriatepersonhaving regard to the laws of succession;
and(c)either—(i)astatementofreasons(obstacles)statingthattherearenopracticalobstaclestograntingthelease was given to the reference entity for
the leaseentitlement as required under part 4;
or(ii)aftertheMinisterhascompliedwiththerequirementsofdivision4,subdivision2,theMinisterconsidersthattherearenopracticalobstacles to granting the lease.(2)The lease must be—Page 32Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 5 Grants of leases to satisfy lease
entitlements[s 36](a)if
the lease entitlement relates to land of not more than1ha—a lease in perpetuity for a purpose
decided by theMinister; or(b)otherwise—aleaseforatermdecidedbytheMinisterfor a purpose
decided by the Minister.(3)Indecidingapurposeoratermundersubsection(2),theMinister must have regard to the lease
entitlement notice.(4)Before granting a lease under this
division, the Minister mustnotifythepersontowhomtheMinisterintendstograntthelease to satisfy the lease
entitlement.(5)Iftheproposedgranteeisdeceased,thenoticeundersubsection(4),must,totheextentpracticable,begiventointerested persons in the estate of the
deceased holder.(6)Thegrantingoftheleasesatisfiestheleaseentitlementandtheleaseentitlementnoticeceasestobealeaseentitlementnotice currently
in force.(7)The chief executive may publish on the
department’s websitethattheleaseentitlementnoticehasbeensatisfiedbythegrant of a
lease.Division 3Application to
proceed immediatelywith the grant of a lease36Application to proceed immediately
with the grant of alease(1)This
section applies if—(a)a person considers that the Minister
may, under section35, grant a lease to satisfy a lease
entitlement includedin a lease entitlement notice
currently in force; and(b)the Minister has
not yet taken action to grant the lease;and;(c)thereiscurrentlynoappealbeforetheLandCourtunder section 33 in relation to the lease
entitlement; andCurrent as at 23 September 2013Page
33
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 5 Grants of leases to satisfy lease
entitlements[s 37](d)the
person is a proper applicant for the lease.(2)The
person may apply to the Minister to proceed immediatelywith
the grant of the lease.(3)Ifthereisnostatementofreasons(obstacles)currentlyineffectforthe
leaseentitlement,theMinistermust,within28daysaftertheMinisterreceivestheapplication,takeactionunderpart4forthepreparationofastatementofreasons(obstacles).(4)If
there is a statement of reasons (obstacles) currently in
effectfor the lease entitlement, the Minister must
give the applicanta copy of the statement.(5)If
there is a statement of reasons (obstacles) currently in
effectfortheleaseentitlementandthestatementdoesnotidentifypractical
obstacles, the Minister must—(a)advisetheapplicantthattheMinisterintendstograntthe lease;
and(b)grant the lease as soon as practicable
under section 35.37Consideration of application(1)ThissectionappliestotheMinister’sconsiderationofanapplication under section 36.(2)The Minister may ask the applicant for
further information tosupport the application within a
stated reasonable period.(3)TheMinistermustdecidetheapplication,andadvisetheapplicant of the decision, within—(a)28 days after the application was
made; or(b)28daysaftertheapplicationwasmadetogetherwithany time the
Minister reasonably requires to deal withadditional
information given by the applicant; or(c)if
action is required to be taken for the preparation of astatementofreasons(obstacles)fortheleaseentitlement, 28
days after—Page 34Current as at 23
September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 5 Grants of leases to satisfy lease
entitlements[s 38](i)the
period for appealing against the correctness ofthe statement
ends; or(ii)if the statement
is appealed—the finalisation of theappeal.(4)The Minister may decide the
application if the applicant doesnot provide
additional information within the stated period.38Refusal to proceed immediately with
grant of lease(1)If the Minister refuses an application
to proceed immediatelywith the grant of a lease under this
division—(a)the notice to the applicant advising
of the decision mustinclude the Minister’s reasons for the
decision to refuse;and(b)the applicant
may appeal to the Land Court against thedecision;
and(c)the applicant must, in starting the
appeal, give the LandCourt a copy of the Minister’s
reasons; and(d)theMinistermustadvisethereferenceentityfortheleaseentitlementthesubjectoftheapplicationofthestartingoftheappealandgivethereferenceentityacopy of the reasons mentioned in
paragraph (a).(2)The appeal must be started within 28
days after the applicantis given notice of the
decision.(3)If the appeal is successful, the
Minister must proceed to grantthe
lease—(a)in compliance with the order of the
Land Court; and(b)subject to paragraph (a)—under section
35.(4)The parties to the appeal are—(a)the applicant; and(b)the
Minister; and(c)the reference entity for the lease
entitlement.Current as at 23 September 2013Page
35
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 5 Grants of leases to satisfy lease
entitlements[s 39]Division 4Granting lease to satisfy leaseentitlement if obstacles to grantSubdivision 1Deferred grants
generally39Minister may make deferred grant of
lease(1)The Minister may under this division
make a grant (adeferredgrant) of
a lease in a trust area to satisfy a lease entitlementincludedinaleaseentitlementnoticecurrentlyinforceif,because of practical obstacles stated in a
statement of reasons(obstacles), the Minister can not make
a grant under section35 to satisfy the lease
entitlement.(2)Thegrantingoftheleasesatisfiestheleaseentitlementandtheleaseentitlementnoticeceasestobealeaseentitlementnotice currently
in force.(3)Otherprovisionsofthisdivisionstaterequirementsformaking a deferred grant.Subdivision
2Consultation or agreement beforedeferred grant40Purpose of sdiv 2Thissubdivisionstatesrequirementsthatmustbecompliedwith before the
Minister may make a deferred grant to satisfyaleaseentitlementincludedinaleaseentitlementnoticecurrently in force.41Minister may rely on adviceTheMinistermayrelyonadvicefromaLandHoldingActstakeholderreferencepanelaboutitsconsultationwithapersontosatisfytheMinister’sobligationsunderthissubdivisiontoconsultwiththepersonorseektheperson’sagreement.Page 36Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 5 Grants of leases to satisfy lease
entitlements[s 42]42Reference to Land Holding Act stakeholder
referencepanel(1)This
section applies if there is a Land Holding Act stakeholderreference panel for the trust area for the
lease entitlement.(2)The Minister must refer to the panel,
for its consideration, thestatementofreasons(obstacles)aboutsatisfyingtheleaseentitlement.(3)The
panel may consult with any person and give the Ministerany
advice or recommendation it considers appropriate aboutsatisfying the lease entitlement, having
regard to the statementof reasons (obstacles).(4)TheMinistermust,totheextentnecessaryforthegivingofadviceorarecommendationundersubsection(3),givethepanel access to copies of information and
documents used inpreparingtheleaseentitlementnoticefortheleaseentitlement.43Persons to be consulted(1)This
section applies if the Minister is satisfied that there is aperson who ought to be consulted about, or
whose agreementisrequired,tothegrantofaleasetosatisfytheleaseentitlement.(2)Withoutlimitingsubsection(1),apersonwhooughttobeconsulted includes the holder of the
lease entitlement or, if theholder is
deceased, any interested person in the estate of thedeceased holder.(3)TheMinistermustconsultwiththeperson,orseektheperson’s agreement, before making the
deferred grant.44Location of lease(1)Thissectionappliesifthestatementofreasons(obstacles)identifiesasanobstaclethatthelocationoftheleaseentitlement land
is unclear.Current as at 23 September 2013Page
37
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 5 Grants of leases to satisfy lease
entitlements[s 45](2)The
Minister must seek to identify clear boundaries of a leasetobegrantedtosatisfytheleaseentitlement,andseektheagreementtotheidentifiedboundariesofanyotherpersonwhose agreement is needed for the grant of a
lease with thoseboundaries.45Ownership of improvements(1)Thissectionappliesifthestatementofreasons(obstacles)identifies as an
obstacle that the ownership of an improvementon the lease
entitlement land needs to be resolved.(2)The
Minister must consult with any person having an interestin
the improvement and seek to ensure that the grant of a leaseto
satisfy the lease entitlement, and that affects an interest
inthe improvement, happens with the agreement
of any personhaving an interest in the
improvement.(3)An agreement under subsection (2) may
be an agreement totransfer an improvement that is a social
housing dwelling.Note for subsection (3)—Section62statesrequirementsfordecidingthevalueofthesocialhousing dwelling
for the transfer.Subdivision 3Agreed deferred
grant46Minister may make agreed deferred
grant(1)The Minister may make a deferred grant
of a lease (anagreeddeferred
grant) in a trust area if—(a)the
lease is to satisfy a lease entitlement included in alease entitlement notice currently in force;
and(b)theMinisterhascompliedwiththerequirementsofsubdivision 2; and(c)theMinisterconsidersallagreementsnecessarytosupportthemakingofthegrant(therelevantagreements) have been
entered into.Page 38Current as at 23
September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 5 Grants of leases to satisfy lease
entitlements[s 47](2)TheMinistermaygranttheleasesubjecttoconditionsthatare
consistent with the relevant agreements.(3)Before granting a lease, the Minister
must—(a)prepareastatementexplainingtheproposedapproachto
satisfying the lease entitlement; and(b)notify the person to whom the Minister
intends to granttheleasetosatisfytheleaseentitlementandgivetheperson a copy of the statement mentioned in
paragraph(a).(4)Thegrantingoftheleasesatisfiestheleaseentitlementandtheleaseentitlementnoticeceasestobealeaseentitlementnotice currently
in force.(5)The chief executive may publish on the
department’s websitethattheleaseentitlementnoticehasbeensatisfiedbythegrant of a
lease.Subdivision 4Contested
deferred grant47Application to Land Court in absence
of agreement(1)The Minister may apply to the Land
Court to make a deferredgrant of a lease (acontested deferred grant) to satisfy a
leaseentitlementiftheMinisterconsidersthatnotallagreementsnecessarytosupportthemakingofthegranthavebeenentered
into.(2)The application must include the
following—(a)details of the lease
entitlement;(b)detailsoftheproposedcontesteddeferredgrant,including—(i)the
proposed grantee of the lease; and(ii)the
proposed boundaries of the lease;(c)a
copy of the statement of reasons (obstacles) currentlyin
effect for the lease entitlement;Current as at 23
September 2013Page 39
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 5 Grants of leases to satisfy lease
entitlements[s 48](d)a
record of the consultation about the lease entitlementthat
took place under this division;(e)copies of any agreements that have been
entered into tosupport the making of the grant;(f)details about proposed conditions that
are—(i)to be complied with before the lease
is granted; or(ii)to be imposed on
the lease when it is granted;(g)a
statement of reasons (statement of reasons (contesteddeferredgrant))explainingtheproposedapproachtosatisfying the lease
entitlement.(3)Thestatementofreasons(contesteddeferredgrant)mustinclude details of the persons whose
agreement has not beenobtained,butwouldberequired,forthemakingoftheproposed grant as an agreed deferred
grant rather than as acontested deferred grant.48Decision of Land Court for contested
deferred grant(1)The Land Court must decide the
application.(2)In deciding the application, the court
must decide—(a)whethertherequirementsofthisdivisionhavebeencomplied with; and(b)whether it is reasonable that the
application be granted.(3)The court
may—(a)granttheapplication,whetherornotsubjecttoconditions; or(b)refuse the application; or(c)make any order the court considers
appropriate.(4)The parties to the proceeding before
the Land Court are—(a)the Minister; and(b)theproposedgranteeundertheproposedcontesteddeferred grant; andPage 40Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 5 Grants of leases to satisfy lease
entitlements[s 49](c)each
party to an agreement supporting the making of theproposed contested deferred grant;
and(d)all persons identified by the Minister
in the statement ofreasons(contesteddeferredgrant)aspersonswhoseagreement has not been obtained; and(e)the reference entity for the lease
entitlement.(5)The Minister must make a contested
deferred grant as decidedby the Land Court.(6)Thegrantingoftheleasesatisfiestheleaseentitlementandtheleaseentitlementnoticeceasestobealeaseentitlementnotice currently
in force.(7)The chief executive may publish on the
department’s websitethattheleaseentitlementnoticehasbeensatisfiedbythegrant of a
lease.49Compensation for grantee in
circumstances of contesteddeferred grant(1)If
an order of the Land Court, in a decision on an applicationfor
a contested deferred grant, provides for the granting of aleaseoverlandthatistoanyextentdifferentinareaorlocationfromtheleaseentitlementland,andthecontesteddeferredgrantwilloperateto
the detriment of the proposedgrantee,theproposedgrantee(theapplicant)mayapplytothe Land Court for an order that the
State pay an amount ofcompensation.(2)The
Land Court must decide the application.(3)Theamountofcompensationthecourtmayordermustbeonlytheamountreasonablynecessarytocompensatetheapplicant for—(a)the
extent to which the value of the applicant’s interestin
land or improvements has been decreased without acompensatingincreaseinthevalueoftheapplicant’sinterest in land
or improvements; andCurrent as at 23 September 2013Page
41
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 5 Grants of leases to satisfy lease
entitlements[s 50](b)expensestobeincurredbytheapplicantintakingpracticalmeasuresneededbecauseofthecontesteddeferred
grant.(4)Theapplicationmustbemadewithin28days,oralongerperiodapprovedbythecourt,afterthecourtdecidestheapplication to make the contested
deferred grant.(5)The parties to the proceeding before
the Land Court are—(a)the Minister; and(b)theproposedgranteeundertheproposedcontesteddeferred grant.Division 5New
Act granted leases generally50New
Act granted leases(1)The lessor of a new Act granted lease
is—(a)the trustee of the trust area;
or(b)if the lease land is also the subject
of a townsite leaseunderALAorTSILA—thelesseeunderthetownsitelease.(2)A new Act granted lease is subject
to—(a)conditionsrecordedontheinstrumentofleaseonthegranting of the lease; and(b)the conditions provided for under part
8; and(c)theprovisionsofALAorTSILAasprovidedforunderpart 9.Page
42Current as at 23 September 2013
Part
6Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 6 Boundary relocations for particular
1985 Act granted leases[s 51]Boundary
relocations forparticular 1985 Act grantedleasesDivision 1Introduction51Operation of pt 6This part
establishes a process for the Minister to—(a)identifyboundaryproblemsaffectingsome1985Actgranted leases; and(b)obtainadvicefromaLandHoldingActstakeholderreferencepanelorreferenceentityaboutresolvingtheboundary problems; and(c)relocatetheboundariesof1985ActgrantedleasesincompliancewithadecisionoftheLandCourtunderdivision 3 or
4.Division 2Consultation
about boundaryrelocations52Consultation about boundaries of
lease(1)ThissectionappliesiftheMinisterconsidersthatitisnotpracticable for
a 1985 Act granted lease to continue to haveitsboundariesintheircurrentlocation,havingregardtocircumstances that have arisen since the
lease was originallygranted.(2)The
Minister must advise the lessee and the reference entityfortheleaseofthereasonstheMinisterconsidersitisnotpracticable for the 1985 Act granted lease
to continue to haveits boundaries in their current
location.(3)The Minister must consult with—Current as at 23 September 2013Page
43
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 6 Boundary relocations for particular
1985 Act granted leases[s 53](a)the
lessee; and(b)the reference entity; and(c)any person who, in the Minister’s
opinion, is required toagree to a relocation of the lease
boundaries.(4)If there is a Land Holding Act
stakeholder reference panel forthetrustareawheretheleaseislocated,theMinistermustrefer the boundaries of the lease to the
panel.(5)The Land Holding Act stakeholder
reference panel may—(a)consult with the
lessee; and(b)consult with any other person it
considers appropriate;and(c)givetheMinisteranyadviceorrecommendationitconsiders appropriate.(6)TheMinistermayrelyonadvicefromthepanelaboutitsconsultation with a person to satisfy
the Minister’s obligationsunder this section to consult with the
person.Division 3Agreed boundary
relocation53Application to Land Court in case of
agreement(1)The Minister may apply to the Land
Court for the relocationoftheboundariesofa1985Actgrantedlease(anagreedboundary
relocation) if the Minister considers all
agreementsnecessarytosupporttheboundaryrelocationhavebeenentered
into.(2)The application must include the
following—(a)details of the lease as currently
granted;(b)detailsoftheproposedagreedboundaryrelocation,including—(i)theboundariesoftheleaseascurrentlylocated;and(ii)the proposed
boundaries of the lease;Page 44Current as at 23
September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 6 Boundary relocations for particular
1985 Act granted leases[s 54](c)a
record of the consultationthattookplaceunderthispart about the
boundaries of the lease;(d)copiesofallagreementsthathavebeenenteredinto,andthataretheagreementsnecessary,tosupporttheboundary relocation;(e)detailsaboutconditionsthataretobecompliedwithbefore or after the boundary
relocation;(f)astatementofreasonsexplainingtheproposedapproachtorelocatingtheleaseboundariesbyagreement.54Decision of Land Court for agreed boundary
relocation(1)The Land Court must decide the
application.(2)In deciding the application, the court
must decide whether—(a)the requirements
of this part have been complied with;and(b)allagreementsnecessarytosupporttheboundaryrelocation have
been entered into.(3)The court may—(a)grant the application; or(b)refuse the application; or(c)refer the application back to the
Minister with any orderthe court considers
appropriate.(4)The parties to the proceeding before
the Land Court are—(a)the Minister; and(b)the
lessee of the lease; and(c)the lessor of
the lease; and(d)eachpartytoanagreementsupportingtheproposedagreed boundary
relocation.Current as at 23 September 2013Page
45
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 6 Boundary relocations for particular
1985 Act granted leases[s 55]Division 4Contested boundary relocation55Application to Land Court in absence
of agreement(1)The Minister may apply to the Land
Court for the relocationoftheboundariesofa1985Actgrantedlease(acontestedboundaryrelocation)iftheMinisterconsidersthatnotallagreementsnecessarytosupporttheboundaryrelocationhave been
entered into.(2)The application must include the
following—(a)details of the lease as currently
granted;(b)detailsoftheproposedcontestedboundaryrelocation,including—(i)theboundariesoftheleaseascurrentlylocated;and(ii)the proposed
boundaries of the lease;(c)a record of the
consultationthattookplaceunderthispart about the
boundaries of the lease;(d)copies of any
agreements that have been entered into tosupport the
boundary relocation;(e)detailsaboutconditionsthataretobecompliedwithbefore or after the boundary
relocation;(f)a statement of reasons (statement of reasons (contestedboundaryrelocation))explainingtheproposedapproach to
relocating the lease boundaries.(3)Thestatementofreasons(contestedboundaryrelocation)must include
details of the persons whose agreement has notbeenobtained,butwouldberequired,torelocatetheboundariesasproposedasanagreedboundaryrelocationrather than as a
contested boundary relocation.56Decision of Land Court for contested
boundaryrelocation(1)The
Land Court must decide the application.Page 46Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 6 Boundary relocations for particular
1985 Act granted leases[s 57](2)In
deciding the application, the court must decide whether—(a)the requirements of this part have
been complied with;and(b)it is reasonable
that the application be granted.(3)The
court may—(a)granttheapplication,whetherornotsubjecttoconditions; or(b)refuse the application; or(c)make any order the court considers
appropriate.(4)The parties to the proceeding before
the Land Court are—(a)the Minister; and(b)the
lessee of the lease; and(c)the lessor of
the lease; and(d)eachpartytoanagreementsupportingtheproposedcontested
boundary relocation; and(e)all persons
identified by the Minister in the statement ofreasons(contestedboundaryrelocation)aspersonswhose agreement
has not been obtained.57Compensation for
lessee in circumstances of contestedboundary
relocation(1)If an order of the Land Court, in a
decision on an applicationfor a contested boundary relocation,
provides for a boundaryrelocationthatwilloperatetothedetrimentofthelesseeofthe 1985 Act granted lease, the lessee
may apply to the LandCourtforanorderthattheStatepayanamountofcompensation.(2)The
Land Court must decide the application.(3)Theamountofcompensationthecourtmayordermustbeonlytheamountreasonablynecessarytocompensatetheapplicant for—Current as at 23
September 2013Page 47
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 6 Boundary relocations for particular
1985 Act granted leases[s 58](a)the
extent to which the value of the lessee’s interest inlandorimprovementshasbeendecreasedwithoutacompensatingincreaseinthevalueofthelessee’sinterest in land or improvements; and(b)expenses to be incurred by the lessee
in taking practicalmeasuresneededbecauseofthecontestedboundaryrelocation.(4)Theapplicationmustbemadewithin28days,oralongerperiodapprovedbythecourt,afterthecourtdecidestheapplication to make the contested
boundary relocation.(5)The parties to
the proceeding before the Land Court are—(a)the
Minister; and(b)the lessee.Division 5Recording boundary relocation58Recording of boundary
relocation(1)TheMinistermustensurethataplanofsurvey,capableofregistration in a register kept under
the Land Act or Land TitleAct,ispreparedandregisteredfortherelocationoftheboundariesoftheleaseasprovidedforintheorderoftheLand Court on an
application under section 53 or 55.(2)Thechiefexecutive,or,asappropriate,theregistrar,mustmakeanynecessarychangeintheappropriateregistertorecord—(a)the
relocation of the boundaries of the lease; and(b)the
amendment of any other interest as provided for inthe
order of the Land Court under section 54 or 56.(3)On
the registration of the plan of survey—(a)thelessee’sinterestinanylandthatisnotincludedwithin the
relocated boundaries ceases; andPage 48Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 7 Ownership of structural
improvements[s 59](b)the
lease land for the 1985 Act granted lease is the landwithin the relocated boundaries.Part
7Ownership of structuralimprovements59Ownership of improvements continues(1)Thissectionappliestoastructuralimprovementthatislocated on land that—(a)on the commencement of the section, is
lease land for a1985 Act granted lease; or(b)immediatelybeforethecommencementofthesection,wasthesubjectofanapproval,underthe1985LandHoldingAct,capableofformingthebasisofaleaseentitlement.(2)Theownershipoftheimprovementisnotaffectedbytherepeal of the 1985 Land Holding Act or
the commencement ofthis Act.60Agreement or arrangement for 1985 Land
Holding Act, s15(1)This section
applies if, immediately before the commencementof the section,
an agreement or arrangement for the purposesofthe1985LandHoldingAct,section15(1)existedforthepurchase of an improvement.(2)For subsection (1), it does not
matter—(a)whetherthepriceandthetermsandconditionsofthepurchasewereapprovedbytheGovernorinCouncilunder the 1985
Land Holding Act, section 15(1); or(b)whether the improvement is located on lease
land for a1985 Act granted lease or on lease
entitlement land.Current as at 23 September 2013Page
49
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 7 Ownership of structural
improvements[s 61](3)The
agreement or arrangement continues in force.61Gazette notice for completed agreement or
arrangement(1)Thehousingchiefexecutivemaybygazettenoticedeclarethat—(a)thepurchaserunderanagreementorarrangementmentionedinsection60hasnoobligationtopayanyfurtheramountundertheagreementorarrangement;and(b)theagreementorarrangementmaybetakentobecompleted; and(c)the
purchaser is the owner of the improvement stated inthe
notice.(2)Thehousingchiefexecutivemaypublishagazettenoticeunder subsection (1) only with the agreement
of each of thefollowing—(a)the
purchaser under the agreement or arrangement, or,if
the purchaser is deceased, some or all of the personswho
are interested persons in the estate of the deceasedpurchaser;(b)the
owner of the improvement the subject of the notice.(3)Thedeclarationhaseffectonthepublicationofthegazettenotice.(4)Itisnotnecessarythattheimprovementthesubjectofthegazette notice be the same as the
improvement the subject ofthe agreement or arrangement mentioned
in section 60.62Use of valuation methodology for
social housing dwelling(1)This section
applies if—(a)asocialhousingdwellingislocatedontheleaselandfor
a 1985 Act granted lease, a new Act granted lease ora
proposed new Act granted lease; and(b)the
owner of the dwelling is—Page 50Current as at 23
September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 7 Ownership of structural
improvements[s 62](i)the
State; or(ii)the trustee of
the trust area, or the part of the trustarea, where the
dwelling is located; or(iii)iftheleaselandisalsothesubjectofatownsiteleaseunderALAorTSILA—thelesseeunderthetownsite lease.(2)Theownerofthedwellingmaytransferthedwellingtoaperson who is or is to become the
lessee under the lease.(3)The value of the
dwelling for the transfer is—(a)ifinthetrustareathereisinoperationavaluationmethodologyagreedunderALA,section143(6)orTSILA, section 108(6)—the value
decided by using themethodology; or(b)otherwise—thevaluedecidedbyusingthevaluationmethodology
decided by the housing chief executive.(4)Subsection(3)doesnotapplyifthevalueisdecidedbytheLand Court in deciding an application
for—(a)a contested deferred grant; or(b)an agreed boundary relocation;
or(c)a contested boundary
relocation.Current as at 23 September 2013Page
51
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 8 Conditions and requirements applying to
leases[s 63]Part 8Conditions and requirementsapplying to leasesDivision 1Conditions and requirementsapplying to leases other than termleases63Operation of div 1Thisdivisionstatesstandardconditionsandotherrequirements
that apply to 1985 Act granted leases and newActgrantedleases,otherthanleasesgrantedforatermofyears.64Dealings(1)A
lease may be transferred only to—(a)an
Aborigine or Torres Strait Islander; or(b)apersonwhoisnotanAborigineorTorresStraitIslander if the person is the spouse, or
former spouse, ofanAborigineorTorresStraitIslanderorofanAborigine or
Torres Strait Islander who is deceased.(2)A
lease may be transferred only with the lessor’s prior
writtenconsent.(3)An
interest under a lease, other than a mortgage of the lease,but
including a sublease, may be created only with the lessor’sprior written consent.(4)Thelessormustnotunreasonablywithholdconsentundersubsection (2) or (3).(5)A
lease may be mortgaged without the consent of the Ministeror
the lessor.Page 52Current as at 23
September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 8 Conditions and requirements applying
to leases[s 65]65Registration of dealings(1)Allleasesandanysubleaseofalease,andanytransfer,amendmentorsurrenderofaleaseorsublease,mustberegistered in the appropriate
register.(2)DespitetheLandTitleAct,section65(2),aninstrumentoflease for a new Act granted lease, or a
sublease of a 1985 Actgranted lease or new Act granted
lease, must include a plan ofsurvey
identifying the land subject to the lease or sublease.(3)Subsection (2) does not apply to a
sublease entered into onlyfor an area completely within a
building.66Lease for residential purposes(1)Thissectionappliesif,underalease,landmustbeusedprimarily for
residential purposes.(2)If,onthecommencementofthissection,thereisnoprivateresidentialpremisesontheland,thelesseemustensureaprivate residential premises is built on the
land—(a)for a 1985 Act granted lease—within 8
years after thecommencement of this section; or(b)foranewActgrantedlease—within8yearsafterthelease is granted.(3)The
annual rental for the lease is the amount, of not more than$1,
decided by the lessor.67Subleases(1)A sublease of a lease may be
transferred only with the priorwritten consent
of the lessor and lessee of the lease.(2)The
lessor and lessee must not unreasonably withhold consentunder subsection (1).(3)Asubleaseofaleasemaybeamendedonlywiththepriorwritten consent
of the lessor of the lease.(4)Thelessormustnotunreasonablywithholdconsentundersubsection (3).Current as at 23
September 2013Page 53
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 8 Conditions and requirements applying to
leases[s 68](5)An
amendment of a sublease must not—(a)increase or decrease the area subleased;
or(b)add or remove a party to the sublease;
or(c)be lodged for registration after the
sublease’s term hasended.(6)Asubleaseofaleaseexecutedaftertheregistrationofamortgage over the lease is valid as
against the mortgagee onlyif the mortgagee agreed to the
sublease before its registration.(7)Anamendmentofasubleaseofaleaseexecutedaftertheregistration of a mortgage over the lease is
valid as againstthe mortgagee only if the mortgagee agreed
to the amendmentbefore the registration of the document of
amendment.(8)An obligation applying to the lessee
under a lease continuesto apply to the lessee even if the
lease is subleased.(9)Subsection(8)doesnotstopthesublesseefromagreeing,under the
sublease, to fulfil the obligation for the lessor.Example for subsections (8) and (9)—A
lessee’s obligation to ensure a private residential premises is
built onlease land continues as the lessee’s
obligation. However, the lessee anda sublessee may
agree that the sublessee will build the premises.68Surrenders(1)Thelesseeofaleasemaysurrenderallorpartoftheleaseonly if each of
the following has given written agreement tothe
surrender—(a)the mortgagee of a registered mortgage
of the lease or ofan interest under the lease;(b)the holder of a sublease under the
lease.(2)The lessee must notify the holder of a
registered interest undertheleaseofthelessee’sintentiontosurrendertheleaseatleast 28 days before the surrender takes
effect.(3)The surrender of a lease may be on the
basis of the payment ofan agreed consideration for the
surrender.Page 54Current as at 23
September 2013
Division 2Aboriginal and
Torres Strait Islander Land Holding Act 2013Part 8 Conditions
and requirements applying to leases[s 69]Term
leases69Entitlement to apply for lease under
ALA or TSILA(1)Subsections (2) and (3) apply to a
1985 Act granted lease or anew Act granted
lease, granted for a term of years, if the leaseis—(a)over Aboriginal
trust land in a trust area; or(b)over
transferred land under ALA in a trust area; or(c)in
force as a sublease of a townsite lease under ALA in atrust area.(2)The
holder of the lease may, before the term of the lease hasexpired—(a)if
subsection (1)(a) or (b) applies—apply to the trusteeof
the trust area to be granted a lease under ALA overthe
lease land for the 1985 Act granted lease or new Actgranted lease; or(b)ifsubsection(1)(c)applies—applytothelesseeofthetownsite lease to be granted a
townsite sublease underALA over the lease land for the 1985
Act granted leaseor new Act granted lease.(3)Theapplicationmaybeconsidered,andaleaseortownsitesublease may be
granted, under ALA.(4)Subsections (5) and (6) apply to a
1985 Act granted lease or anew Act granted
lease, granted for a term of years, if the leaseis—(a)over Torres
Strait Islander trust land in a trust area; or(b)over
transferred land under TSILA in a trust area; or(c)in force as a sublease of a townsite
lease under TSILA ina trust area.(5)The
holder of the lease may, before the term of the lease hasexpired—Current as at 23
September 2013Page 55
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 9 Application of provisions of ALA or
TSILA[s 70](a)if
subsection (4)(a) or (b) applies—apply to the trusteeof
the trust area to be granted a lease under TSILA overthe
lease land for the 1985 Act granted lease or new Actgranted lease; or(b)ifsubsection(4)(c)applies—applytothelesseeofthetownsite lease to be granted a
townsite sublease underTSILA over the lease land for the 1985
Act granted leaseor new Act granted lease.(6)Theapplicationmaybeconsidered,andaleaseortownsitesublease may be
granted, under TSILA.Part 9Application of
provisions ofALA or TSILADivision 1Applying ALA or TSILA70ALA
provisions(1)This section and division 2 apply to a
1985 Act granted leaseor a new Act granted lease, other than
a lease granted for aterm of years, if the lease is—(a)over Aboriginal trust land; or(b)over transferred land under ALA;
or(c)in force as a sublease of a townsite
lease under ALA.(2)ALA applies to the lease as provided
for in division 2.(3)Despite subsection (2), a provision of
ALA does not apply totheleaseifitisinsubstanceequivalentto,orinconsistentwith, a
provision of part 8 of this Act.(4)IfaprovisionofALAischangedunderdivision2,theprovision applies to the lease in the
way changed.Page 56Current as at 23
September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 9 Application of provisions of ALA or
TSILA[s 71]71TSILA provisions(1)This
section and division 3 apply to a 1985 Act granted leaseor a
new Act granted lease, other than a lease granted for aterm
of years, if the lease is—(a)over Torres
Strait Islander trust land; or(b)over
transferred land under TSILA; or(c)in
force as a sublease of a townsite lease under TSILA.(2)TSILA applies to the lease as provided
for in division 3.(3)Despite subsection (2), a provision of
TSILA does not apply totheleaseifitisinsubstanceequivalentto,orinconsistentwith, a
provision of part 8 of this Act.(4)IfaprovisionofTSILAischangedunderdivision3,theprovision applies to the lease in the
way changed.Division 2Applying
ALASubdivision 1All land72Non-application of ALA, s 98
(Requirement forconsultation)To remove any
doubt, it is declared that ALA, section 98 doesnot apply to a
dealing affecting, including a dealing creatingan interest in,
a lease to which this division applies.73Applying ALA, pt 10, div 6 (Forfeiture and
renewal ofresidential leases)(1)ALA,part10,division6(otherthanpart10,division6,subdivision 3) applies to a lease to which
this division appliesas if the lease were a residential
lease under that division.(2)Subsection (1)
applies to the lease even if it is not granted forresidential purposes.Current as at 23
September 2013Page 57
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 9 Application of provisions of ALA or
TSILA[s 74](3)ForapplyingALA,section149,arelevantconditionisanycondition of the
lease as provided for in part 8 of this Act ifthe lessor
reasonably considers a breach of the condition is ofa
serious nature and warrants forfeiture of the lease.(4)ForapplyingALA,sections150(2)and152(1)(a),writtennoticemustbegivenadditionallytoanypersonholdingasublease over the lease.(5)ALA,part10,division6,subdivision4mustbeappliednotonly
to improvements of the lessee but also to the holder, andimprovementsoftheholder,ofanysubleaseoverthelease,andforthatpurpose,areferenceinthesubdivisiontotheleaselandisareferencetothelandthesubjectofthesublease.(6)Also,forapplyingALA,part10,division6,subdivision4,references to renewal of a lease may be
ignored.(7)ForALA,section162(3),thevalueoftheleaselandistheamount decided
by the chief executive under this Act.Subdivision
2Aboriginal land74Applying ALA, pt 14 (Provisions about
mortgages ofleases over Aboriginal land)(1)ALA, part 14 applies to a lease to
which this division appliesifitisoverAboriginallandandwasgrantedafterthelandbecame
Aboriginal land.(2)For applying ALA, part 14, the lease
is taken to be—(a)if the lease is in force as a sublease
of a townsite leaseunder ALA—a townsite sublease as mentioned
in ALA,section 180, definition lease, paragraph
(b); or(b)otherwise—astandardleaseasmentionedinALA,section 180,
definition lease, paragraph (a).(3)For
applying ALA, section 182(7), the reference to a personwho
would be entitled to a grant of the lease is taken to be aPage
58Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 9 Application of provisions of ALA or
TSILA[s 75]reference to a
person to whom, under this Act, the lease maybe
transferred.Subdivision 3Aboriginal trust
land75Definition for sdiv 3In
this subdivision—relevant leasemeansaleasetowhichthisdivisionapplies,butdoesnotincludealeasethat,whenitwasgranted,wasgranted over transferred land under
ALA.76Applying ALA, s 185 (Relationship with
Land Act)ALA, section 185 applies for
establishing—(a)therelationshipbetweentheLandActandthisActinrelationtoAboriginaltrustlandandarelevantlease;and(b)the status under
the Land Act of a relevant lease;in the same way
it applies for establishing—(c)therelationshipbetweentheLandActandALAinrelationtoAboriginaltrustlandandatrustee(Aboriginal)
lease; and(d)the status under the Land Act of a
trustee (Aboriginal)lease.77Applying ALA, s 187 (Amending trustee
(Aboriginal)lease)ALA,section187appliestoarelevantleaseasiftheleasewere a
registered trustee (Aboriginal) lease.78Applying ALA, s 188 (Mortgage of trustee
(Aboriginal)lease)ALA, section 188
applies to a relevant lease as if—Current as at 23
September 2013Page 59
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 9 Application of provisions of ALA or
TSILA[s 79](a)the
lease were a trustee (Aboriginal) lease; and(b)the
reference in ALA, section 188(2)(a)(iii) to a personentitled under ALA to a grant of a lease
were a referenceto a person to whom, under this Act, the
lease may betransferred.Division 3Applying TSILASubdivision
1All land79Non-application of TSILA, s 65 (Requirement
forconsultation)Toremoveanydoubt,itisdeclaredthatTSILA,section65doesnotapplytoadealingaffecting,includingadealingcreating an
interest in, a lease to which this division applies.80Applying TSILA, pt 8, div 6
(Forfeiture and renewal ofleases for private residential
purposes)(1)TSILA,part8,division6(otherthanpart8,division6,subdivision 3) applies to a lease to which
this division appliesas if the lease were a residential
lease under that division.(2)Subsection (1)
applies to the lease even if it is not granted forresidential purposes.(3)For
applying TSILA, section 114, a relevant condition is anycondition of the lease as provided for in
part 8 of this Act ifthe lessor reasonably considers a
breach of the condition is ofa serious nature
and warrants forfeiture of the lease.(4)ForapplyingTSILA,sections115(2)and117(1)(a),writtennoticemustbegivenadditionallytoanypersonholdingasublease over the lease.(5)TSILA, part 8, division 6, subdivision
4 must be applied notonly to improvements of the lessee but
also to the holder, andimprovementsoftheholder,ofanysubleaseoverthelease,Page 60Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 9 Application of provisions of ALA or
TSILA[s 81]andforthatpurpose,areferenceinthesubdivisiontotheleaselandisareferencetothelandthesubjectofthesublease.(6)Also,forapplyingTSILA,part8,division6,subdivision4,references to renewal of a lease may be
ignored.(7)For TSILA, section 127(3), the value
of the lease land is theamount decided by the chief executive
under this Act.Subdivision 2Torres Strait
Islander land81Applying TSILA, pt 10 (Provisions
about mortgages ofleases over Torres Strait Islander
land)(1)TSILA,part10appliestoaleasetowhichthisdivisionappliesifitisoverTorresStraitIslanderlandandwasgranted after the land became Torres
Strait Islander land.(2)For applying
TSILA, part 10, the lease is taken to be—(a)if
the lease is in force as a sublease of a townsite leaseunderTSILA—atownsitesubleaseasmentionedinTSILA, section 136, definition lease,
paragraph (b); or(b)otherwise—astandardleaseasmentionedinTSILA,section 136,
definition lease, paragraph (a).(3)For
applying TSILA, section 138(7), the reference to a personwho
would be entitled to a grant of the lease is taken to be areference to a person to whom, under this
Act, the lease maybe transferred.Subdivision
3Torres Strait Islander trust land82Definition for sdiv 3In
this subdivision—Current as at 23 September 2013Page
61
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 9 Application of provisions of ALA or
TSILA[s 83]relevant
leasemeansaleasetowhichthisdivisionapplies,butdoesnotincludealeasethat,whenitwasgranted,wasgranted over transferred land under
TSILA.83Applying TSILA, s 141 (Relationship
with Land Act)TSILA, section 141 applies for
establishing—(a)therelationshipbetweentheLandActandthisActinrelationtoTorresStraitIslandertrustlandandarelevant lease; and(b)the status under the Land Act of a
relevant lease;in the same way it applies for
establishing—(c)therelationshipbetweentheLandActandTSILAinrelation to Torres Strait Islander trust
land and a trustee(Torres Strait Islander) lease; and(d)the status under the Land Act of a
trustee (Torres StraitIslander) lease.84Applying TSILA, s 143 (Amending trustee
(Torres StraitIslander) lease)TSILA, section
143 applies to a relevant lease as if the leasewere a
registered trustee (Torres Strait Islander) lease.85Applying TSILA, s 144 (Mortgage of
trustee (Torres StraitIslander) lease)TSILA, section
144 applies to a relevant lease as if—(a)theleasewereatrustee(TorresStraitIslander)lease;and(b)the reference in TSILA, section
144(2)(a)(iii) to a personentitledunderTSILAtoagrantofaleasewereareference to a person to whom, under
this Act, the leasemay be transferred.Page 62Current as at 23 September 2013
Part
10Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 10 Miscellaneous[s 86]Miscellaneous86Plans of survey(1)TheMinistermustensurethataplanofsurvey,capableofregistration in a register kept under
the Land Act or Land TitleAct, is prepared to show the
identified, and as appropriate, theagreed,
boundaries of any lease proposed to be granted underthis
Act.(2)InaproceedingunderthisActintheLandCourt,theLandCourt may order
the Minister or the chief executive to prepareaplanofsurvey,capableofregistrationinaregisterkeptundertheLandActorLandTitleAct,necessaryforgivingeffect to a
decision of the court.87Limitation on
qualification requirement(1)The
qualification requirement has no effect in relation to anyof
the following—(a)who may be the holder of a lease
entitlement;(b)whomaycontinuetobetheholderofa1985Actgranted lease;(c)who
may be the grantee of a new Act granted lease.(2)In
this section—qualificationrequirementmeansanyprovisionunderthe1985LandHoldingActhavingtheeffectofrequiringresidency for
any period in a trust area.88Delegations(1)TheMinistermaydelegatetheMinister’spowersunderthisAct
as the Minister to the chief executive.(2)AdelegationoftheMinister’spowertothechiefexecutivemaypermitthesubdelegationofthepowertoanappropriately qualified public service
officer.Current as at 23 September 2013Page
63
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 10 Miscellaneous[s 89](3)The chief executive may delegate the
chief executive’s powersunderthisActasthechiefexecutivetoanappropriatelyqualified public
service officer.(4)In this section—appropriately
qualified, for a person to whom a power underthisActmaybedelegatedorsubdelegated,includeshavingthequalifications,experienceorstandingappropriatetoexercise the power.89Application to Land Court if no interested
personsidentified(1)This
section applies if the Minister is satisfied that—(a)either of the following is
deceased—(i)theholderofaleaseentitlementincludedinalease
entitlement notice currently in force;(ii)the
lessee of a 1985 Act granted lease; and(b)it
has not been possible, after making enquiries that arereasonableinthecircumstances,toidentifyanyinterested person in the estate of the
deceased holder orlessee.(2)The
Minister may apply to the Land Court for an order that—(a)the Minister has made all enquiries
that are reasonablein the circumstances to identify interested
persons; and(b)theleaseentitlementorleaseisended,andconvertedinto a right to
compensation for its loss.(3)Compensation
mentioned in subsection (2)(b) may be claimedfrom the State,
commenced by an application to the Minister,within—(a)3 years after the court’s order under
the subsection; or(b)alatertimeapprovedbytheMinisteriftheMinisterconsidersanextensionoftimeisreasonableinthecircumstances.Page 64Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 10 Miscellaneous[s 90](4)If the Minister and a person claiming
compensation can notagree on the amount of compensation,
the claimant may applyto the Land Court and the court may
decide the amount of thecompensation.(5)For
a lease entitlement, the compensation is the value of thelease,asatthedatetheclaimismadetotheMinister,thatwould have been granted to satisfy the lease
entitlement if theholder had not been deceased.(6)For a 1985 Act granted lease, the
compensation is the value ofthe lease, as at
the date the claim is made to the Minister, ifthe lease had
not ended.90Information Privacy Act does not stop
sharing ofinformation necessary for effective
operation of this Act(1)IPAdoesnotoperatetostopthedisclosureofpersonalinformationtotheextentitsdisclosureisreasonablynecessarytoallowapersontoparticipateeffectivelyinconsultation or negotiation about—(a)the identification of a lease
entitlement; or(b)satisfying a lease entitlement;
or(c)relocating the boundaries of a 1985
Act granted lease;or(d)the ownership of
improvements on land the subject of alease
entitlement or a 1985 Act granted lease.(2)In
this section—disclose, personal
information, see IPA, section 23.IPAmeans the Information Privacy Act
2009.personal informationmeans personal
information under IPA.91Review of
Act(1)The Minister must, within 5 years
after the commencement ofthissection,carryoutareviewoftheoperationandeffectiveness of the Act.Current as at 23 September 2013Page
65
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 11 Repeal and transitional
provisions[s 92](2)The
Minister must, a soon as practicable after the review iscompleted, cause a report on the outcome to
be laid before theLegislative Assembly.92Approval of formsThe chief
executive may approve forms for use under this Act.93Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)A regulation may provide for fees
payable under this Act andfor matters for which they are
payable.Part 11Repeal and
transitionalprovisions94RepealTheAboriginesandTorresStraitIslanders(LandHolding)Act 1985, No. 41
is repealed.95Continuation of proceeding(1)This section applies if a proceeding
was commenced under the1985LandHoldingAct,butnotcompleted,beforethecommencement of this section.(2)Theproceedingmaybecompletedunderthe1985LandHolding Act as if this Act had not
commenced.Page 66Current as at 23
September 2013
Part
12Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 12 Amendment of Acts[s 97]Amendment of ActsDivision 1Amendment of this Act97Act
amendedThis division amends this Act.98Amendment of long titleLong
title, from ‘, and to amend’—omit.Division 2Amendment of
Aboriginal Land Act1991Subdivision
3Other amendments103Amendment of s 45 (Existing
interests)(1)Section 45(2)(a)—omit,
insert—‘(a)a1985ActgrantedleaseoranewActgrantedleaseunder the new Land Holding Act; or’.104Amendment of s 62 (Tribunal to notify
making of claims)Section 62(6), ‘(5)(a)’—omit,
insert—‘(5)(b)’.Current as at 23
September 2013Page 67
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 12 Amendment of Acts[s 105]105Amendment of s 104 (Transfer of
Aboriginal land)Section 104(1)(c), ‘a CATSI’—omit, insert—‘to a
CATSI’.106Amendment of s 120 (Restrictions on
grant of standardlease to an Aborigine)Section 120(1),
‘standard’—omit, insert—‘a
standard’.107Amendment of s 132 (Lessee of townsite
lease taken tobe lessor of existing leases)Section 132(1)(a)—omit,
insert—‘(a)a1985ActgrantedleaseoranewActgrantedleaseunder the new Land Holding Act;’.108Amendment of s 142 (Leases for private
residentialpurposes—general conditions and
requirements)Section 142—insert—‘(4)If the lessee is
the recipient of a hardship certificate under thenew
Land Holding Act and the certificate has not previouslybeen
used under this section, the value of the lease land undersubsection (1)(a)(iii) must be taken to be
nil, whether or notthe land identified in the certificate is
the same as the leaseland.’.Page 68Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 12 Amendment of Acts[s 109]109Amendment of s 146 (Lease, sublease
and particulardealings to be registered)Section 146(2), ‘land,’—omit,
insert—‘land’.110Amendment of s 147 (Definitions for div
6)(1)Section147,definitionlessor,paragraph(b),‘townsitesublease under
which’—omit, insert—‘townsite lease
under which’.(2)Section147,definitionresidentiallease,paragraph(a),‘120(1)(a)(i)’—omit,
insert—‘119(1)(a)(i)’.(3)Section147,definitionresidentiallease,paragraph(b),‘135(2)(a)’—omit,
insert—‘133(2)(a)’.111Amendment of pt 12 hdg (Provision about
particularclaimable land)Part 12,
heading, ‘Provision’—omit, insert—‘Provisions’.112Amendment of s 202 hdg (Application of
MineralResources Act)Section 202,
heading, after ‘Act’—insert—Current as at 23
September 2013Page 69
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 12 Amendment of Acts[s 113]‘1989’.113Amendment of s 243 hdg (Staff of
tribunal employedunder Public Service Act)Section 243, heading, after ‘Act’—insert—‘2008’.114Amendment of sch 1 (Dictionary)Schedule 1—insert—‘newLandHoldingActmeanstheAboriginalandTorresStrait Islander
Land Holding Act 2013.’.Division 3Amendment of
EnvironmentalProtection Act 1994115Act
amendedThis division amends the Environmental
Protection Act 1994.116Amendment of s
38 (Who is an affected person for aproject)(1)Section38(2)(f),‘section87(2)or87(4)(b)ofthatAct—agrantee’—omit,
insert—‘section 202(2) or (4)(b) of that Act—the
trustee’.(2)Section38(2)(i),‘section84(2)or84(4)(b)ofthatAct—agrantee’—omit,
insert—‘section 151(2) of that Act—the
trustee’.Page 70Current as at 23
September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 12 Amendment of Acts[s 117](3)Section 38(2)(j)—omit,
insert—‘(j)forlandthat,undertheAboriginalandTorresStraitIslanderLandHoldingAct2013,isleaselandfora1985 Act granted
lease or a new Act granted lease—thelessee;’.117Amendment of s 579
(Compensation)Section 579(6), definition owner, paragraph
(c)—omit, insert—‘(c)forlandthat,undertheAboriginalandTorresStraitIslanderLandHoldingAct2013,isleaselandfora1985 Act granted
lease or a new Act granted lease—thelessee;
or’.Division 5Amendment of
Land Court Act 2000135Act amendedThis division
amends the Land Court Act 2000.136Amendment of s 32A (Indigenous
assessors)(1)Section 32A(1), from ‘to perform
functions’—omit, insert—‘toperformfunctionsforprescribedproceedingstowhichthey are
allocated.’.(2)Section 32A(4)—omit,
insert—‘(4)AnindigenousassessorwhoisallocatedtoaprescribedproceedingisanofficeroftheLandCourtfortheproceeding.’.Current as at 23
September 2013Page 71
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 12 Amendment of Acts[s 137]137Amendment of s 32C (Allocation of
indigenous assessorfor a proceeding in the cultural heritage
division)(1)Section32C,heading,‘foraproceedingintheculturalheritage
division’—omit, insert—‘for
a prescribed proceeding’.(2)Section32C(1),‘toaproceedingoftheLandCourtinitscultural
heritage division’—omit, insert—‘to a prescribed
proceeding’.(3)Section32C(2),‘toaproceedingintheculturalheritagedivision’—omit,
insert—‘to a prescribed proceeding’.138Amendment of s 32D (Role of indigenous
assessor for aproceeding)(1)Section 32D, heading, ‘for a
proceeding’—omit, insert—‘for
a prescribed proceeding’.(2)Section32D(1),‘foraproceedingintheLandCourtinitscultural
heritage division’—omit, insert—‘for a
prescribed proceeding’.140Amendment of sch
2 (Dictionary)Schedule 2—insert—‘prescribedproceeding,forpart2,division6A,meansaproceeding of the Land Court—Page
72Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 12 Amendment of Acts[s 141](a)in its cultural heritage division;
or(b)undertheAboriginalandTorresStraitIslanderLandHolding Act 2013.’.Division 6Amendment of Mineral ResourcesAct
1989141Act amendedThis division
amends the Mineral Resources Act 1989.142Amendment of sch 2 (Dictionary)(1)Schedule 2, definition owner,
paragraph (a)(v), ‘section 87(2)or 87(4)(b) of
that Act—the grantees’—omit, insert—‘section 202(2)
or (4)(b) of that Act—the trustee’.(2)Schedule 2, definition owner, paragraph
(a)(vi), ‘section 84(2)or 84(4)(b) of that Act—the
grantees’—omit, insert—‘section 151(2)
of that Act—the trustee’.(3)Schedule 2,
definition owner, paragraph (f)—omit,
insert—‘(f)forlandthat,undertheAboriginalandTorresStraitIslanderLandHoldingAct2013,isleaselandfora1985 Act granted
lease or a new Act granted lease—thelessee;
or’.(4)Schedule2,definitionreserve,paragraph(a)(iv),‘section87(2) or
87(4)(b)’—omit, insert—‘section 202(2)
or (4)(b)’.Current as at 23 September 2013Page
73
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 12 Amendment of Acts[s 143](5)Schedule2,definitionreserve,paragraph(a)(v),‘section84(2) or
84(4)(b)’—omit, insert—‘section
151(2)’.Division 7Amendment of
Survey and MappingInfrastructure Act 2003143Act
amendedThis division amends the Survey and Mapping
InfrastructureAct 2003.144Amendment of s 21 (Power to place a
permanent surveymark)Section
21(3)—insert—‘freehold landincludes
indigenous land that is freehold land,and includes any
part of the indigenous land that is subject toa lease or
lesser interest.’.145Amendment of schedule
(Dictionary)Schedule, definition indigenous land, ‘, for
part 7,’—omit.Division 8Amendment of SustainablePlanning Act
2009146Act amendedThis division
amends the Sustainable Planning Act 2009.Page 74Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 12 Amendment of Acts[s 147]147Amendment of sch 3 (Dictionary)Schedule3,definitionindigenousland,paragraphs(a)to(e)—omit,
insert—‘(a)the Aurukun and
Mornington Shire Leases Act 1978;(b)the
Aboriginal Land Act 1991;(c)the Torres
Strait Islander Land Act 1991;(d)the
Land Act 1994.’.Division 9Amendment of
SustainablePlanning Regulation 2009148Regulation amendedThisdivisionamendstheSustainablePlanningRegulation2009.149Amendment of sch 3 (Assessable
development,self-assessable development and type of
assessment)Schedule 3, part 1, table 3, item 1, column
2—insert—‘(l)isforimplementingtheAboriginalandTorresStraitIslander Land Holding Act 2013.’.150Amendment of sch 4 (Development that
can not bedeclared to be development of a particular
type—Act,section 232(2))Schedule 4,
table 3, item 2—insert—‘(j)isforimplementingtheAboriginalandTorresStraitIslander Land Holding Act 2013.’.Current as at 23 September 2013Page
75
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 12 Amendment of Acts[s 155]Division 10Amendment of
Torres Strait IslanderLand Act 1991Subdivision
3Other amendments155Amendment of s 41 (Existing
interests)Section 41(2)(a)—omit,
insert—‘(a)a1985ActgrantedleaseoranewActgrantedleaseunder the new Land Holding Act; or’.156Amendment of s 97 (Lessee of townsite
lease taken to belessor of existing leases)(1)Section 97(1)(a)—omit,
insert—‘(a)a1985ActgrantedleaseoranewActgrantedleaseunder the new Land Holding Act;’.(2)Section 97(1)(b), ‘Act; or’—omit, insert—‘Act;’.157Amendment of s 107 (Leases for private
residentialpurposes—general conditions and
requirements)Section 107—insert—‘(4)If the lessee is
the recipient of a hardship certificate under thenew
Land Holding Act and the certificate has not previouslybeen
used under this section, the value of the lease land undersubsection (1)(a)(iii) must be taken to be
nil, whether or notthe land identified in the certificate is
the same as the leaseland.’.Page 76Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 12 Amendment of Acts[s 158]158Amendment of s 111 (Particular
dealings to beregistered)Section 111(2),
‘land,’—omit, insert—‘land’.159Amendment of s 112 (Definitions for
div 6)Section112,definitionlessor,paragraph(b),‘townsitesublease under
which’—omit, insert—‘townsite lease
under which’.160Amendment of s 142 (Trustee (Torres
Strait Islander)leases)Section 142(8),
‘section 37A and’—omit.161Amendment of sch 1 (Dictionary)Schedule 1—insert—‘newLandHoldingActmeanstheAboriginalandTorresStrait Islander
Land Holding Act 2013.’.Division 11Amendment of
VegetationManagement Act 1999162Act
amendedThis division amends the Vegetation
Management Act 1999.Current as at 23 September 2013Page
77
Aboriginal and Torres Strait Islander Land
Holding Act 2013Part 12 Amendment of Acts[s 163]163Amendment of schedule
(Dictionary)(1)Schedule, definition indigenous land,
paragraph (b)—omit.(2)Schedule, definition indigenous land,
paragraphs (c) to (e)—renumber as paragraphs (b) to
(d).Division 12Amendment of
Wild RiversRegulation 2007164Regulation amendedThis division
amends the Wild Rivers Regulation 2007.165Amendment of s 3 (Specified works—other
infrastructure(Act, s 48))Section3(2),definitionindigenousland,paragraphs(a)to(e)—omit,
insert—‘(a)the Aurukun and
Mornington Shire Leases Act 1978;(b)the
Aboriginal Land Act 1991;(c)the Torres
Strait Islander Land Act 1991;(d)the
Land Act 1994.’.Page 78Current as at 23
September 2013
ScheduleAboriginal and
Torres Strait Islander Land Holding Act 2013ScheduleDictionarysection81985 Act granted leasesee
section 12(2).1985 Land Holding Actmeans the
repealed Aborigines andTorres Strait Islanders (Land Holding)
Act 1985.Aboriginal landmeans Aboriginal
land under ALA.AboriginaltrustlandmeansAboriginaltrustlandunderALA.affected
personmeans—(a)for
a decision—a person whose interests are reasonablylikely to be directly affected by the
decision; or(b)forapracticalobstacletothegrantingofaleasetosatisfyaleaseentitlement—apersonwhoseinterestsmay
be affected by how the obstacle is resolved.agreed boundary
relocationsee section 53(1).agreed deferred
grantsee section 46(1).ALAmeans the Aboriginal Land Act 1991.appropriate registermeans—(a)for freehold land—the freehold land
register; or(b)forotherland—theappropriateregisterforthelandunder the Land Act.beneficiary, of a deceased
person—(a)meansapersonentitledtoshareintheestateofthedeceased person; and(b)includesapersonentitledtoshareintheestateofthedeceasedpersonthroughtheestateofanotherpersonwho
is also deceased.contested boundary relocationsee
section 55(1).contested deferred grantsee section
47(1).Current as at 23 September 2013Page
79
Aboriginal and Torres Strait Islander Land
Holding Act 2013Scheduledeferred
grant,ofaleasetosatisfyaleaseentitlement,seesection 39(1).hardship
certificatesee section 26(1).holder, of
a lease entitlement, see section 9(3).housingchiefexecutivemeansthechiefexecutiveofthedepartment in
which the Housing Act 2003 is administered.interestedperson,intheestateofadeceasedperson(theidentified
person), means a person who has an interest in
theestate, or in the administration of the
estate, of the identifiedperson, and who is 1 or more of the
following, having regardto the laws of succession—(a)a beneficiary of the identified
person;(b)a personal representative of the
identified person or ofany other person who is deceased, as
provided for in awill or in a grant of probate or letters of
administration;(c)a person identified in a JLOMA section
60 certificate.JLOMAmeanstheAboriginalandTorresStraitIslanderCommunities
(Justice, Land and Other Matters) Act 1984.JLOMAsection60certificatemeansacertificateunderJLOMA, section 60(3).Land Actmeans the Land Act 1994.LandHoldingActstakeholderreferencepanel,foratrustarea,meanstheLandHoldingActstakeholderreferencepanel established for the trust area under
section 13.Land Title Actmeans the Land
Title Act 1994.lease boundaries, in relation to
a lease, means the boundariesof the land the
subject of the lease.lease entitlementsee section
9(1).lease entitlement landmeans the land
the subject of a leaseentitlement.lease
entitlement notice, for a lease entitlement, see
section15.Page 80Current as at 23
September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Schedulelease
land, in a provision about a lease, means the
land thesubject of the lease.new Act granted
leasemeans a lease granted under this Act.properapplicant,foralease,meansapersonwhocouldreasonablybeexpectedtobeagrantee,whetherornottheonly grantee, of
the lease if the lease were to be granted.recipient,ofahardshipcertificate,meansthepersonidentified in
the certificate as its recipient.reference
entitymeans—(a)for
a lease entitlement, either—(i)the
trustee of the trust area; or(ii)ifsomeoralloftheleaseentitlementlandisthesubjectofatownsiteleaseunderALAorTSILA—the lessee
of the townsite lease; or(b)for a 1985 Act
granted lease, either—(i)the trustee of
the trust area; or(ii)if some or all
of the lease land is the subject of atownsite lease
under ALA or TSILA—the lessee ofthe townsite
lease.registered, in relation to
a new Act granted lease or a 1985Act granted
lease, or an interest over a new Act granted leaseor
1985 Act granted lease, means registered under the LandAct
or Land Title Act.registrarmeans the
registrar of titles under the Land Title Act.relocation, of the
boundaries of a 1985 Act granted lease, is achange, within
the trust area for the lease, to the boundariesof the lease
land, including, for example, a relocation of alltheboundariesoftheleasetoanotherlocationinthetrustarea.socialhousingmeanshousingbeingusedtoprovidesubsidised
housing for residential use.socialhousingdwellingmeansadwellingthatthehousingchief executive
reasonably considers to be social housing.Current as at 23
September 2013Page 81
Aboriginal and Torres Strait Islander Land
Holding Act 2013Schedulestatementofreasons(contestedboundaryrelocation)seesection 55(2).statement of
reasons (contested deferred grant)seesection47(2).statement of reasons (obstacles)see
section 31(1).Torres Strait Islander landmeans Torres Strait Islander landunder TSILA.Torres Strait
Islander trust landmeans Torres Strait Islandertrust land under TSILA.trust
area—(a)generally—see
section 10(1); or(b)for a lease entitlement—see section
9(2).trust area noticesee sections
18(2) and 19(1).trustee, of a trust
area, see section 10(2).trustee (Aboriginal) leasemeans a trustee (Aboriginal) leaseunder ALA.trustee
council, for an application made under the 1985
LandHoldingAct,section5,meanstheentitytowhichtheapplication was made.trustee (Torres
Strait Islander) leasemeans a trustee (TorresStrait Islander) lease under TSILA.TSILAmeans the Torres
Strait Islander Land Act 1991.Page 82Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Endnotes3KeyKey to abbreviations in list of
legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in comorigpparaprecpresprevExplanation=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=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=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
2012=subordinate legislation=substituted=unnumbered4Table of reprintsA new reprint of
the legislation is prepared by the Office of the Queensland
ParliamentaryCounsel each time a change to the legislation
takes effect.The notes column for this reprint gives
details of any discretionary editorial powers undertheReprints Act 1992used by the
Office of the Queensland Parliamentary Counsel inpreparing it. Section 5(c) and (d) of the Act
are not mentioned as they contain mandatoryrequirementsthatallamendmentsbeincludedandallnecessaryconsequentialamendments be
incorporated, whether of punctuation, numbering or another kind.
Furtherdetails of the use of any discretionary
editorial power noted in the table can be obtained bycontacting the Office of the Queensland
Parliamentary Counsel by telephone on 32370466 or email
legislation.queries@oqpc.qld.gov.au.From29January2013,allQueenslandreprintsaredatedandauthorisedbytheParliamentary Counsel. The previous
numbering system and distinctions between printedand
electronic reprints is not continued with the relevant details for
historical reprintsincluded in this table.Current as
at19 February 201329 August
201323 September 2013Amendments
includednone2013 Act No. 352013 Act No.
39NotesRA ss 7(1)(k),
40, 42ARA s 44Page 84Current as at 23 September 2013
Aboriginal and Torres Strait Islander Land
Holding Act 2013Endnotes5List
of legislationAboriginal and Torres Strait Islander Land
Holding Act 2013 No. 2date of assent 19 February 2013ss
1–2 commenced on date of assentpt 12 div 2 sdivs
1–2, div 4, div 10 sdivs 1–2 commenced on date of assent (see s
2)remaining provisions not yet proclaimed into
force (see s 2)amending legislation—Aboriginal and
Torres Strait Islander Land Holding Act 2013 No. 2 ss 1–2, pt 12
div1date of assent 19 February 2013ss
1–2 commenced on date of assentremaining
provisions not yet proclaimed into force (see s 2)Justice and Other Legislation Amendment Act
2013 No. 35 s 1, pt 2date of assent 29 August 2013commenced on date of assentTreasury and Trade and Other Legislation
Amendment Act 2013 No. 39 ss 1, 109 sch2date
of assent 23 September 2013commenced on date of assent6List of annotationsEffect of regulation amendments
96om 2013 No. 39 s 109 sch 2PART
12—AMENDMENT OF ACTSDivision 2—Amendment of Aboriginal Land
Act 1991Subdivision 1—Act amendedsdiv 1 (s
99)om RA ss 7(1)(k), 40Subdivision
2—Amendments for use of Aboriginal landsdiv 2 (ss
100–102)om RA ss 7(1)(k), 40Division
4—Amendment of Land Act 1994div 4 (ss
118–134)om RA ss 7(1)(k), 40Amendment of s
32J (Land Court has power of the Supreme Court for
particularpurposes)s 139om
2013 No. 35 s 4Division 10—Amendment of Torres Strait
Islander Land Act 1991Subdivision 1—Act amendedsdiv
1 (s 151)om RA ss 7(1)(k), 40Subdivision
2—Amendments for use of Torres Strait Islander landsdiv
2 (ss 152–154)om RA ss 7(1)(k), 40Current as at 23
September 2013Page 85