QueenslandAboriginalLandAct1991Current as at 7 November 2013
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Aboriginal Land Act 1991Aboriginal Land
Act 1991[as amended by all amendments that commenced
on or before 7 November 2013]An Act providing
for the grant, and the claim and grant, of landas Aboriginal
land, and for other purposesWhereas—1Before European settlement land in
what is now the State ofQueensland had been occupied, used and
enjoyed since timeimmemorialbyAboriginalpeopleinaccordancewithAboriginal tradition.2Land
is of spiritual, social, historical, cultural and economicimportance to Aboriginal people.3AfterEuropeansettlementmanyAboriginalpeopleweredispossessed and
dispersed.4SomeAboriginalpeoplehavemaintainedtheirancestors’traditional
affiliation with particular areas of land.5SomeAboriginalpeoplehaveahistoricalassociationwithparticularareasoflandbasedonthemortheirancestorshaving lived on or used the land or
neighbouring land.6Some Aboriginal people have a
requirement for land to ensuretheir economic
or cultural viability.7Some land has
been set aside for Aboriginal reserves or forthe benefit of
Aboriginal people and deeds of grant in trust areheld
on behalf of certain Aboriginal people.8TheParliamentissatisfiedthatAboriginalinterestsandresponsibilities in relation to land
have not been adequatelyandappropriatelyrecognisedbythelawandthatthishascontributed to a general failure of
previous policies in relationto Aboriginal
people.Current as at 7 November 2013Page
15
Aboriginal Land Act 1991Part 1
Preliminary[s 1]9The
Parliament is further satisfied that special measures needtobeenactedforthepurposeofsecuringadequateadvancementoftheinterestsandresponsibilitiesofAboriginalpeopleinQueenslandandtorectifytheconsequences of past injustices.10Itis,therefore,theintentionoftheParliamenttomakeprovision, by
the special measures enacted by this Act, for theadequateandappropriaterecognitionoftheinterestsandresponsibilitiesofAboriginalpeopleinrelationtolandandtherebytofosterthecapacityforself-development,andtheself-reliance and cultural integrity,
of the Aboriginal people ofQueensland.Part 1Preliminary1Short
titleThis Act may be cited as theAboriginal Land Act 1991.2DefinitionsThe dictionary
in schedule 1 defines particular words used inthis Act.3Aborigines particularly concerned with
land etc.(1)ForthepurposesofthisAct,anAborigineisparticularlyconcerned with
land if the Aborigine—(a)hasaparticularconnectionwiththelandunderAboriginal tradition; or(b)lives on or uses the land or neighbouring
land.(2)ForthepurposesofthisAct,Aboriginalpeopleareparticularly concerned with land
if—Page 16Current as at 7
November 2013
Aboriginal Land Act 1991Part 2 Basic
concepts[s 4](a)theyaremembersofagroupthathasaparticularconnection with
the land under Aboriginal tradition; or(b)they
live on or use the land or neighbouring land.4Act
binds all personsThis Act binds all persons, including the
State, and, as far asthelegislativepoweroftheParliamentpermits,theCommonwealth and the other
States.Part 2Basic
conceptsDivision 1Aboriginal
people and theirtraditions5Meaning of Aboriginal peopleAboriginalpeoplearepeopleoftheAboriginalraceofAustralia.6Meaning of AborigineAn Aborigine is
a person of the Aboriginal race of Australia.7Meaning of Aboriginal traditionAboriginaltraditionisthebodyoftraditions,observances,customsandbeliefsofAboriginalpeoplegenerallyorofaparticular group
of Aboriginal people, and includes any suchtraditions,observances,customsandbeliefsrelatingtoparticular persons, areas, objects or
relationships.Current as at 7 November 2013Page
17
Aboriginal Land Act 1991Part 2 Basic
concepts[s 8]Division 2Aboriginal land8Meaning of Aboriginal land(1)Aboriginal land is transferred land or
granted land.(2)Aboriginallandincludeslandthatwastransferredlandandhas subsequently become granted
land.Division 3Transferable and
transferred land9Meaning of transferable and
transferred land(1)Transferablelandislandthatistobegrantedunderpart4without a claim being made under this Act
for the land.(2)Transferred land is land that is
granted under part 4 without aclaim being made
under this Act for the land.10Lands
that are transferable lands(1)The
following lands are transferable lands—(a)DOGIT land;(b)Aboriginal reserve land;(c)Aurukun Shire lease land;(d)Mornington Shire lease land;(e)availableStatelanddeclaredbyregulationtobetransferable land;(f)land
that is transferable land under section 174, 176 or177;(g)land
that becomes transferable land under section 230;(h)land in the following lots—(i)Lot 1 on SP228365;(ii)Lot
5 on SP228365;Page 18Current as at 7
November 2013
Aboriginal Land Act 1991Part 2 Basic
concepts[s 11](iii)Lot
129 on SP228365;(iv)Lot 130 on
SP228365;(v)Lot 113 on SP228365;(vi)Lot 119 on
SP228365;(vii) Lot 1 on SP228366;(viii) Lot 2 on
SP228367;(ix)Lot 1951 on
SP228368;(x)Lot 90 on CP816530;(xi)Lot 147 on
SL7542;(xii) Lot 300 on SP104019.(2)However, land mentioned in subsection
(1)—(a)ceasestobetransferablelandifitistaken,undertheAcquisition Act, by a constructing
authority; and(b)if the land is Aboriginal trust
land—is not transferablelandifitissubjecttoaleaseformorethan30yearsgranted under
this Act for a commercial purpose; and(c)is
not transferable land if it is the subject of a declarationin
force under section 16.11DOGIT land(1)DOGIT land is land that, at the
beginning of the enactmentday, was—(a)prescribed DOGITlandorlandgranted
intrustundertheLandAct1962forthebenefitofAboriginalinhabitants or
for the purpose of an Aboriginal reserve;or(b)within the external boundaries of an
area of such landand—(i)reserved and set apart for, or dedicated to,
a publicpurpose under theLand Act
1962; orCurrent as at 7 November 2013Page
19
Aboriginal Land Act 1991Part 2 Basic
concepts[s 12](ii)landthathasbecomeunallocatedStatelandbyway
of resumption for a public purpose within themeaning of
theLand Act 1962; or(iii)subject to a
lease granted under the Land HoldingAct; or(iv)subject to a
special lease granted under theLandAct
1962; or(v)thesubjectofanapplicationundertheLandHolding Act,
section 5, that had been approved bythe trustee
council, or approved on appeal by theappealtribunal,underthatAct,butforwhichalease under that Act has not been
granted;other than—(vi)a
road; or(vii) a stock route or associated
reserve.(2)DOGIT land includes land within the
external boundaries oflandmentionedinsubsection(1)(a)thathas,sincetheenactment day, ceased to be a road.(3)Also,DOGITlandincludeslandwithintheexternalboundaries of
land mentioned in subsection (1)(a) if—(a)thelandwasthesubjectofanapplicationundertheLand Holding Act, section 5, that was
approved by thetrusteecouncil,orapprovedonappealbytheappealtribunal, under
that Act after the enactment day; and(b)a
lease under that Act has not been granted for the land.(4)DOGITlanddoesnotincludelandwithintheexternalboundaries of
land mentioned in subsection (1)(a) if the landhas, since the
enactment day, become a road.12Aboriginal reserve land(1)Aboriginal reserve land is land that, at the
beginning of theenactment day, is—Page 20Current as at 7 November 2013
Aboriginal Land Act 1991Part 2 Basic
concepts[s 12](a)reserved and set apart under theLand
Act 1962for anAboriginalreserveorforthebenefitofAboriginalinhabitants;
or(b)within the external boundaries of an
area of such landand—(i)subject to a lease granted under the Land
HoldingAct; or(ii)thesubjectofanapplicationundertheLandHolding Act,
section 5, that had been approved bythe trustee
council, or approved on appeal by theappealtribunal,underthatAct,butforwhichalease under that Act has not been
granted;and includes land reserved and set apart
under theLand Act1962for
any other public purpose if the land is declared byregulation to be land that was, or is
included in land that was,atthebeginningoftheenactmentday,beingusedasanAboriginal
reserve or for the benefit of Aboriginal people.(2)Also,Aboriginalreservelandincludeslandwithintheexternalboundariesoflandmentionedinsubsection(1)(a)if—(a)thelandwasthesubjectofanapplicationundertheLand Holding Act, section 5, that was
approved by thetrusteecouncil,orapprovedonappealbytheappealtribunal, under
that Act after the enactment day; and(b)a
lease under that Act has not been granted for the land.(3)Further,Aboriginalreservelandincludeslandwithintheexternal boundaries of land mentioned
in subsection (1)(a) ifthe land has, since the enactment day,
ceased to be a road.(4)Aboriginalreservelanddoesnotincludelandwithintheexternal boundaries of land mentioned in
subsection (1)(a) ifthe land has, since the enactment day,
become a road.Current as at 7 November 2013Page
21
Aboriginal Land Act 1991Part 2 Basic
concepts[s 13]13Aurukun Shire lease land(1)Aurukun Shire lease land is land that, at
the beginning of theenactment day, is—(a)demised to the council of the Shire of
Aurukun undertheLocal Government (Aboriginal Lands)
Act 1978; orNote—For
the Act mentioned in paragraph (a), see theAurukun
andMornington Shire Leases Act 1978.(b)within the
external boundaries of that land and reservedand set apart
for, or dedicated to, a public purpose undertheLand
Act 1962, other than—(i)a
road; or(ii)a stock route or
associated reserve;and includes land within those external
boundaries that has,sincetheenactmentday,ceasedtobearoadifthelandisdeclared by regulation to be
transferable land.(2)AurukunShireleaselanddoesnotincludelandwithintheexternal boundaries of land mentioned in
subsection (1)(a) ifthe land—(a)is a
road that became a road after the enactment day andbefore the commencement of this subsection;
or(b)becomes a road after the
commencement.(3)In this section—roadincludesaroadmentionedintheAurukunandMornington Shire Leases Act
1978, section 4A(1).14Mornington Shire lease land(1)Mornington Shire lease land is land
that, at the beginning ofthe enactment day, is—(a)demised to the council of the Shire of
Mornington undertheLocal Government (Aboriginal Lands)
Act 1978; orPage 22Current as at 7
November 2013
Aboriginal Land Act 1991Part 2 Basic
concepts[s 15]Note—For the Act mentioned in paragraph
(a), see theAurukun andMornington Shire
Leases Act 1978.(b)within the
external boundaries of that land and reservedand set apart
for, or dedicated to, a public purpose undertheLand
Act 1962, other than—(i)a
road; or(ii)a stock route or
associated reserve;and includes land within those external
boundaries that has,sincetheenactmentday,ceasedtobearoadifthelandisdeclared by regulation to be
transferable land.(2)Mornington Shire lease land does not
include land within theexternal boundaries of land mentioned
in subsection (1)(a) ifthe land—(a)is a
road that became a road after the enactment day andbefore the commencement of this subsection;
or(b)becomes a road after the
commencement.(3)In this section—roadincludesaroadmentionedintheAurukunandMornington Shire Leases Act
1978, section 4A(1).Division 4Declarations about particulartransferable land15Definition for div 4In this
division—relevantlandmeansthefollowingland,orapartoftheland—(a)DOGIT land;(b)Aboriginal reserve land, other than land
declared undera regulation for section 12;Current as at 7 November 2013Page
23
Aboriginal Land Act 1991Part 2 Basic
concepts[s 16](c)Aurukun Shire lease land;(d)Mornington Shire lease land.16Particular land may be declared to be
not transferableland(1)The
Minister may, by gazette notice, make a declaration thatrelevant land is not transferable land if
the Minister is satisfiedthat—(a)housing or essential or other infrastructure
is situated onthe land; or(b)the
land is being used as a town site or part of a townsite; or(c)the
land is being used as if it were a road; or(d)having regard to the nature or use of the
land, it is notappropriate or practicable in the
circumstances for theland to be granted in fee simple under
this Act.(2)Inconsideringwhethertomakeadeclarationundersubsection(1)(d),theMinistermayhaveregardtomattersrelating to the
nature or use of the relevant land the Ministerconsiders
appropriate, including, for example—(a)whether the land is likely to be used as a
town site orpart of a town site; and(b)whether the land is in a condition suitable
to be grantedunder this Act.(3)The
Minister must not make a declaration under subsection(1)(d) before—(a)ifnoappealismadetotheLandCourtagainstthedecision to make the declaration—the period
for makingan appeal ends; or(b)ifanappealismadetotheLandCourtagainstthedecision to make the declaration—the day the
appeal isfinally decided.Page 24Current as at 7 November 2013
Aboriginal Land Act 1991Part 2 Basic
concepts[s 17]17Notice of intention to make
declaration(1)If the Minister intends to make a
declaration under section 16,the Minister
must—(a)givenoticeoftheMinister’sintentiontomakethedeclaration to the trustee of the relevant
land; and(b)assoonaspracticableaftergivingthenoticeunderparagraph (a), publish notice of the
Minister’s intentiontomakethedeclarationinanewspaperorotherpublication
circulating generally in the area where therelevant land is
situated; and(c)consider all representations made
under subsection (4).(2)The notice
must—(a)include a description of the relevant
land; and(b)state the following—(i)the reasons for the proposed
declaration;(ii)that a person
may make written representations tothe Minister
about the proposed declaration;(iii)the
place where the representations may be made;(iv)theperiodinwhichtherepresentationsmustbemade.(3)The
stated period must end at least 28 days after the notice ispublished.(4)Apersonmaymakewrittenrepresentationsabouttheproposed declaration to the Minister
within the stated period.18Minister to
consider representations and give notice ofdecision(1)Afterconsideringallrepresentationsmadeundersection17(4) about the proposed declaration, the
Minister must—(a)decide whether to make the
declaration; and(b)give notice of the decision to—Current as at 7 November 2013Page
25
Aboriginal Land Act 1991Part 2 Basic
concepts[s 19](i)each
person who made the representations; and(ii)the
trustee of the relevant land, if the trustee did notmake
any representations.(2)TheMinistermay,afterconsideringtherepresentations,decide to make
the declaration for all or a part of the relevantland
described in the notice under section 17.(3)IftheMinisterdecidestomakethedeclaration,thenoticemust—(a)include a description of the relevant
land to be declarednot transferable under this division;
and(b)state all of the following—(i)the provision under which the
declaration is to bemade;(ii)the
reasons for the decision;(iii)iftheMinisteristomakethedeclarationundersection16(1)(d)—thatapersonwhomaderepresentationsabouttheproposeddeclarationmay appeal
against the decision to the Land Courtwithin 28 days
after receiving the notice, and howthe person may
appeal.19Notice about
declarations—trusteeAs soon as practicable after a
declaration that relevant land isnot transferable
land is made, the chief executive must givethe trustee of
the land notice of the declaration.20Notice about declarations—registrar(1)As soon as practicable after a
declaration that relevant land isnot transferable
land is made, the chief executive must givethe registrar
notice of the declaration.(2)The notice must
include particulars of the land the subject ofthe
declaration.Page 26Current as at 7
November 2013
Aboriginal Land Act 1991Part 2 Basic
concepts[s 21](3)Theregistrarmustkeeprecordsthatshowthelandisnottransferable land.(4)The
registrar must keep the records in a way that a search oftheappropriateregisterkeptbytheregistrarwillshowtheland
is not transferable land.(5)As soon as
practicable after a declaration is repealed—(a)the
chief executive must give the registrar notice of thefact; and(b)the
registrar must amend the registrar’s records to showthelandthesubjectoftherepealeddeclarationistransferable land.21Requirements about plans of subdivision for
declarations(1)This section applies if—(a)undersection16,theMinisterdeclareslandisnottransferable
land; and(b)aplanofsubdivisionislodgedforthelandundertheLandTitleActorLandActforthepurposeofidentifying the land; and(c)theplanofsubdivisionhasbeenconsentedtobytheMinister.(2)The
registrar must register the plan of subdivision without theconsent of anyone whose consent would
otherwise have beenrequiredundertherelevantsectioniftheplanotherwisecomplies with
the relevant section.(3)In this
section—relevant sectionmeans—(a)for freehold land—the Land Title Act,
section 50; or(b)for other land—the Land Act, section
290J.Current as at 7 November 2013Page
27
Aboriginal Land Act 1991Part 2 Basic
concepts[s 22]Division 5Claimable and granted land22Meaning of claimable and granted
land(1)Claimable land is land that may be
claimed by, and grantedunder this Act to, a group of
Aboriginal people.(2)Granted land is claimable land that
has been claimed by, andgranted under this Act to, a group of
Aboriginal people.23Land that is claimable land(1)Subject to subsection (3), claimable
land is—(a)availableStatelanddeclaredbyregulationtobeclaimable land for this Act; or(b)Aboriginal land that—(i)is transferred land; and(ii)became
transferred land before 22 December 2006.(2)Adeclarationundersubsection(1)(a)maydescribetheavailableStatelandconcernedinanyway,including,forexample, describing the land as land
included in a stated areaof the State.(3)A
regulation may declare that an area of transferred land is
notclaimable land.(4)A
declaration under subsection (3) may be made only if—(a)thelandisprimarilyusedoroccupiedbyAboriginalpeople for
residential or community purposes; or(b)theMinisterhasconsultedwithAboriginalpeopleparticularlyconcernedwiththelandandasubstantialmajorityoftheAboriginalpeopleareopposedtotheland being claimable land.Page
28Current as at 7 November 2013
Division 6Aboriginal Land
Act 1991Part 2 Basic concepts[s 24]Available State land24Land
that is available State land—general(1)Land
is available State land if it is—(a)land, other than excluded land, in which no
person otherthan the State has an interest; or(b)land,otherthanexcludedland,thatissubjecttoaninterest granted by the State, if an
available State landagreement is in force for the land;
or(c)land inside the Torres Strait area
that is land—(i)inwhichnopersonotherthantheStatehasaninterest; and(ii)declaredunderaregulationtobeavailableStateland.(2)Subsection (1) is subject to sections 26 and
27.(3)In this section—interestmeans a legal or equitable interest in the
land but doesnot include native title, a mining interest
or an easement.25Agreement about particular land(1)The Minister may enter into a written
agreement (anavailableState land
agreement) about land, other than excluded
land—(a)with a person who has an interest in
the land granted bythe State; and(b)under which the State and the person agree
that the landmay be available State land.(2)The Minister may enter into an
available State land agreementforparticularlandonlyifsatisfiedthatenteringintotheagreement is appropriate in the
circumstances having regardto an evaluation
of the land under the Land Act, section 16.(3)An
available State land agreement must provide that on thegrant of the land under part 4 the person’s
interest in the landCurrent as at 7 November 2013Page
29
Aboriginal Land Act 1991Part 2 Basic
concepts[s 26]is to cease and
a new interest granted by the trustee of the landis
to have effect in substitution for the person’s interest.(4)However, if the interest is a lease
granted under the Land Acttheagreementmayprovidethattheleaseistocontinueinforce under section 45.(5)Subsection(6)appliesifaproposedavailableStatelandagreement is to state that a person’s
interest in land is to ceaseand a new
interest granted by the proposed trustee of the landis
to have effect in substitution for the person’s interest.(6)To remove any doubt, it is declared
that the Minister need notenter into the available State land
agreement unless satisfied anew interest
granted by the proposed trustee of the land is tohave
effect in substitution for the person’s interest in the
land.26Watercourses and lakesAvailable State land includes a watercourse
or lake only to theextent the watercourse or lake is—(a)within the external boundaries of land
that is otherwiseavailable State land; and(b)capable of being owned in fee simple
by a person otherthan the State.27Tidal
land(1)Available State land includes tidal
land only if the particulartidal land is
declared by regulation to be available State land.(2)Subject to subsection (1), this Act
applies to tidal land as if itwere not tidal
land.28Meaning of city or town land(1)Subjecttosubsection(2),cityortownlandislandthatiswithin the boundaries of a city or
town constituted under theLocal Government Act 2009or
theCity of Brisbane Act 2010.Page 30Current as at 7
November 2013
Aboriginal Land Act 1991Part 2 Basic
concepts[s 29](2)A
regulation may change the boundaries of a city or town.(3)A regulation under subsection (2) has
effect only for this Act.29Meaning of
township landA regulation may declare that land is
township land for thisAct.30National parksToallayanydoubt,itisdeclaredthatavailableStatelandincludes any
national park.31Land that is not available State
land(1)To remove any doubt, it is declared
that the following land isnot available State land—(a)thewatersofthesea,andtheseabed,otherthantidallanddeclaredtobeavailableStatelandundersection27(1);(b)freehold land;(c)an
associated reserve;(d)land subject to a lease, licence or
permit under the LandAct.(2)Despite subsection (1)(d), land subject to a
lease, licence orpermitundertheLandActisavailableStatelandifanavailable State land agreement is in
force for the land.Division 7Application of
laws to Aboriginalland32Application of
laws(1)To allay any doubt, it is declared
that, except as provided bythisActoranyotherAct,thelawsoftheStateapplytoCurrent as at 7 November 2013Page
31
Aboriginal Land Act 1991Part 3 Formal
expression of interest about land[s 33]Aboriginal land, persons and things on
Aboriginal land, andacts and things done on Aboriginal
land, to the same extent,and in the same way, as if the land
were not Aboriginal land.(2)Withoutlimitingsubsection(1),toallayanydoubtitisdeclared that this Act has effect
subject to theFisheriesAct1994.Part
3Formal expression of interestabout land33Purpose of pt 3Thepurposeofthispartistoprovideforaprocessunderwhich Aboriginal
people may formally express an interest tothe chief
executive in having particular land made transferableland.34Land
to which pt 3 appliesThis part applies to the following
land—(a)available State land;(b)land dedicated as a reserve under the
Land Act;(c)a stock route;(d)land
subject to an occupation licence;(e)landheldunderaleaseundertheLandActbyorforAboriginal people.35Expression of interest in having land made
transferableland(1)Aboriginal people particularly concerned
with land mentionedin section 34 may, by notice given to the
chief executive (anPage 32Current as at 7
November 2013
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 36]expression of interest), express an
interest in having the landmade
transferable land.(2)The expression of interest
must—(a)be in the approved form; and(b)includethedetailsrequiredintheapprovedformtoenablethechiefexecutivetoproperlyconsidertheexpression of interest.36Chief executive to consider expression
of interest(1)The chief executive must consider each
expression of interest.(2)Withoutlimitingsubsection(1),thechiefexecutivemayconsideranexpressionofinterestbyevaluatingthelandtowhich it relates under the Land Act, section
16.37Consideration of expression of
interest does not imposeobligation on StateThechiefexecutive’sconsiderationofanexpressionofinterest does not impose an obligation on
the State under thisAct to make the land to which it
relates transferable land.Part 4Grant of
transferable land asAboriginal landDivision 1Grant of land38Deeds
of grant to be prepared(1)The chief
executive must prepare such deeds of grant in feesimpleastheMinisterconsidersnecessaryanddirectsovertransferable lands.Current as at 7
November 2013Page 33
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 39](2)Transferable land need not be surveyed
but may be describedin a deed of grant in such manner as
the Minister directs.(3)Thedeedofgrantmustshowthatthelandisheldbythegrantee—(a)if
the grantee is a registered native title body corporateappointedasthegranteeundersection39—forthenative title holders of the land;
or(b)otherwise—(i)forthebenefitofAboriginalpeopleparticularlyconcernedwiththelandandtheirancestorsanddescendants; or(ii)if
the land is prescribed DOGIT land that is to beheldforthebenefitofAboriginalpeopleandTorres Strait Islanders particularly
concerned withthe land—for the benefit of Aboriginal
people andTorres Strait Islanders particularly
concerned withthe land, and their ancestors and
descendants.(4)Ifthegranteeisaregisterednativetitlebodycorporateappointedundersection39,thedeedofgrantalsomustinclude
information to identify the native title holders of theland.(5)Subsections (2), (3) and (4) have effect
despite any other Actor any rule of law or practice.39Appointment of registered native title
body corporate asgrantee to hold land for native title
holders(1)This section applies to transferable
land if—(a)undertheCommonwealthNativeTitleAct,adetermination has been made that
native title exists inrelation to all or a part of the land;
and(b)there is a registered native title
body corporate for thedetermination.(2)TheMinistermay,withthe
consentoftheregisterednativetitlebodycorporate,appointthebodycorporatetobethePage
34Current as at 7 November 2013
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 40]granteeofthelandunderadeedofgrantpreparedundersection
38.(3)IftheMinisterappointstheregisterednativetitlebodycorporate to be the grantee of the land
under this section, thebody corporate holds the land for the
native title holders of theland the subject
of the determination mentioned in subsection(1)(a).(4)Inconsideringwhethertoappointaregisterednativetitlebodycorporateunderthissection,theMinistermayhaveregardtoanymattertheMinisterconsidersrelevanttotheproposed appointment, including, for
example—(a)whether the making of the proposed
appointment was amatterrelevanttothenativetitleclaimundertheCommonwealthNativeTitleActthatresultedinthedetermination
that native title existed in relation to all ora part of the
land; and(b)whetheranyAboriginalpeopleparticularlyconcernedwith
the land, other than the native title holders of theland,maybeadverselyaffectedbytheproposedappointment; and(c)if
the Minister is satisfied Aboriginal people particularlyconcernedwiththelandwillbeadverselyaffectedbytheproposedappointment—anyactiontheregisterednative title
body corporate intends to take to address theconcerns of the
Aboriginal people.40Appointment of grantee to hold land
for benefit ofAboriginal people(1)ThissectionappliesiftheMinister does not appoint,
undersection39,aregisterednativetitlebodycorporateasthegrantee of land.(2)The
Minister may appoint as grantee of the land—(a)a
CATSI corporation that is qualified to hold the land; or(b)a land trust; orCurrent as at 7
November 2013Page 35
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 40](c)the Aurukun Shire Council, if the land
is Aurukun Shirelease land; or(d)the
Mornington Shire Council, if the land is MorningtonShire lease land.(3)However, the Minister may appoint a CATSI
corporation thatis a registered native title body corporate
as a grantee of landunder subsection (2) only if—(a)undertheCommonwealthNativeTitleAct,adetermination has been made that
native title exists inrelation to all or a part of the land;
and(b)the registered native title body
corporate is registered onthe National Native Title Register for
the determination.(4)Beforemakingtheappointment,theMinistermustconsultwith,andconsidertheviewsof,Aboriginalpeopleparticularly concerned with the land.(5)Subsection (4) does not apply if an
ILUA has been enteredinto for the land and the entity is
nominated in the ILUA asthe proposed grantee for the land
under this Act.(6)However,inconsideringwhethertoappointanentitynominated in an
ILUA as the proposed grantee for the land,theMinistermayhaveregardtoanymattertheMinisterconsiders
relevant to the proposed appointment, including, forexample—(a)whetheranyAboriginalpeopleparticularlyconcernedwiththelandmaybeadverselyaffectedbytheappointment;
and(b)iftheMinisterissatisfiedanyAboriginalpeopleparticularlyconcernedwiththelandwillbeadverselyaffectedbytheappointment—anyactiontheentityintends to take
to address the concerns of the Aboriginalpeople.(7)Also,inconsideringwhethertoappointaregisterednativetitle body corporate as the proposed grantee
for the land, theMinister may have regard to any matter the
Minister considersPage 36Current as at 7
November 2013
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 41]relevant to the proposed appointment,
including, for example,the matters mentioned in section
39(4)(b) and (c).(8)In appointing a grantee of land under
this section, the Ministermust have regard to any Aboriginal
tradition applicable to theland.(9)Despite subsection (8), the Minister
may appoint the AurukunShire Council or Mornington Shire
Council to be a grantee iftheMinisterconsidersthatinallthecircumstancesitisappropriate to do so.41Procedure for appointing particular
grantee(1)Before appointing a grantee of land
under this part, other thanan entity
nominated in an ILUA as the proposed grantee forthe
land, the Minister must—(a)publish notice
of the Minister’s intention to appoint thegrantee in a
newspaper or other publication circulatinggenerally in the
area in which the land the subject of thedeed of grant is
situated; and(b)consider all representations made to
the Minister undersubsection (4).(2)The
notice must—(a)include a description of the land;
and(b)state the following—(i)the name of the proposed
grantee;(ii)thatanAboriginalpersonparticularlyconcernedwith
the land may make written representations tothe Minister
about the proposed appointment;(iii)the
place where the representations may be made;(iv)theperiodinwhichtherepresentationsmustbemade.(3)The
stated period must end at least 28 days after the notice ispublished.Current as at 7
November 2013Page 37
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 42](4)AnAboriginalpersonparticularlyconcernedwiththelandmaymakewrittenrepresentationsabouttheproposedappointment to
the Minister within the stated period.42Minister to act as soon as possible(1)TheMinistermust,assoonaspracticableafterthecommencementofsections38and40,giveallnecessarydirectionsundersection38,andmakeallnecessaryappointments
under section 39 or 40, in relation to land that istransferable land on the enactment
day.(2)If,undersection10(1)(e)or12,landbecomestransferablelandaftertheenactmentday, theMinistermust,assoonaspracticable after the land becomes
transferable land, give allnecessary
directions under section 38, and make all necessaryappointments under section 39 or 40, in
relation to the land.(3)However,theMinisterneednotactasmentionedinsubsections (1) and (2) in relation to land
until the Minister isreasonably satisfied—(a)arrangements are in place to
ensure—(i)the Commonwealth and the State can
continue toprovide services to communities on the land
after itis granted; and(ii)the
local government for the area in which the landissituatedcancontinuetoprovidelocalgovernmentservicestocommunitiesonthelandafter it is
granted; andExample of an arrangement for paragraph
(a)—a lease(b)if
the land is proposed to be granted to an entity otherthanaregisterednativetitlebodycorporate,arrangements
that the Minister considers necessary—(i)tosupportuseofthelandbyAboriginalpeopleparticularly concerned with it; andPage
38Current as at 7 November 2013
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 43](ii)toensureappropriateservices,including,forexample,socialhousing,publicworksandcommunityinfrastructure,canbeprovidedforcommunities on the land;are in place to
deal with matters relevant to the use ofthe land after
it is granted; andExample of an arrangement for paragraph
(b)—an ILUA(c)ifthelandisorincludestownshipland,arrangementsare in place to
provide for—(i)the land to continue to be used as
township land;and(ii)residents of the
township land to continue to liveon and access
the land, and obtain tenure over theland under this
Act.Examples of an arrangement for paragraph
(c)—an ILUA, a townsite lease or another
lease(4)In this section—localgovernmentservicesincludesanyservicesalocalgovernment might
ordinarily provide for the community in itslocal government
area.43Authority to grant fee simple in
transferable landThe Governor in Council may, under this Act
and the LandAct, grant transferable land in fee
simple.44Deed of grant takes effect on
delivery(1)A deed of grant prepared under this
division takes effect onthe delivery of the deed of grant to
the grantee.(2)On delivery of the deed of grant to
the grantee, the land thesubjectofthedeedbecomesAboriginallandthatistransferred land.Current as at 7
November 2013Page 39
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 45](3)Subsection (1) has effect despite any
other Act or any rule oflaw or practice.45Existing interests(1)Iftransferablelandwas,immediatelybeforebecomingAboriginal land
under this division, subject to an interest orbenefited by an
easement, the interest continues in force or theland
continues to be benefited by the easement.(2)Withoutlimitingsubsection(1),iftransferablelandwas,immediatelybeforebecomingAboriginallandunderthisdivision, the subject of—(a)a lease granted under the Land Holding
Act; or(b)a lease under the Land Act; or(c)a trustee (Aboriginal) lease;
or(d)a lease, if it is a sublease of the
Aurukun Shire lease or asublease of the Mornington Shire
lease;thetrusteeofthelandis,byoperationofthissection,substituted for the lessor as a party to the
lease.(3)Thetermsofaleasementionedinsubsection(2)arenotaffectedbytheoperationofthissection,section46oranyotherprovisionofthisActand,forthepurposesofthoseterms, the Land
Act continues to apply to a lease under thatAct, with all
necessary modifications and such modificationsas are
prescribed, as if the lease continued to be such a leaseand
the trustee of the land were the lessor.(4)However, subsection (5) applies to an
interest in transferableland (theprevious
interest) that, under an available State landagreement, is to cease on the grant of the
land under this partand a new interest granted by the
trustee of the land is to haveeffect in
substitution for the previous interest on the grant ofthe
land.(5)Despitesubsections(1)to(3),onthegrantofthelandtheprevious interest ceases.(6)Subsection (5) applies despite any
other Act.Page 40Current as at 7
November 2013
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 45A](7)In this section—AurukunShireleasemeanstheleasementionedinsection48(1) granted to
the Aurukun Shire Council.interestincludes—(a)native title; and(b)a
right of a local government to access, occupy, use ormaintain a facility on the land; and(c)aninterestinfavouroftheStateorCommonwealthother than an
interest that is not registered.Mornington Shire
leasemeans the lease mentioned in section48(1) granted to the Mornington Shire
Council.45AExisting interests held by local
government(1)Thissectionappliesifalocalgovernmenthasanexistinginterest under
section 45 to access, occupy, use or maintain afacility on
Aboriginal land.(2)If the local government does not
intend to continue to access,occupy,useormaintainthefacility,thelocalgovernmentmust give the
trustee of the land notice of that fact.(3)If
subsection (2) does not apply, the local government and thetrustee of the land must use their best
endeavours to providefor the continued access, occupation,
use or maintenance ofthe facility under a registered
interest in the land given by thetrustee of the
land.46Interests to be endorsed on
deed(1)If land the subject of a deed of grant
prepared under section 38is,atthebeginningoftheenactmentday,subjectto,orsubsequentlybecomessubjectto,aninterest(otherthananinterest in favour of the State or
Commonwealth that is notregistered) and the interest is
created under theAurukun andMornington Shire
Leases Act 1978, the council of the relevantshire must, as soon as practicable after
being requested so todobythechiefexecutive,givetothechiefexecutivetheCurrent as at 7 November 2013Page
41
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 47]original or an office copy of the instrument
under which theinterest arose.(2)The
chief executive must endorse on the deed, in the properorder of priority—(a)the
instruments—(i)given to the chief executive under
subsection (1);or(ii)created or
registered under the Land Act and heldby the chief
executive;before the issue of the deed; and(b)if the land was previously held under
a deed of grant intrust—anyexistinginstrumentsthatwereendorsedonthe deed of grant in trust.(3)An instrument endorsed on the deed of
grant under subsection(2) has effect as a registered
instrument on the deed under theLand Title
Act.(4)If the registrar of titles is given
notice of the creation of aninterestaftertheissueofthedeedofgrant,theregistraroftitles must make an appropriate note in the
register.47Cancellation of deed of grant in
trust(1)This section applies if a deed of
grant (thenew deed) over
allor part of the land comprised in a deed of
grant in trust takeseffect under section 44.(2)The deed of grant in trust is
cancelled to the extent of the newdeed.48Cancellation of leases over Aurukun
and MorningtonShire lease lands(1)When
a deed of grant over the whole or a part of AurukunShire lease land or Mornington Shire lease
land takes effectundersection44,theleasegrantedtotherelevantcouncilPage
42Current as at 7 November 2013
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 49]under theAurukun and
Mornington Shire Leases Act 1978iscancelled to the extent of the deed of
grant.(2)To allay any doubt, if a lease is
cancelled only in relation topart of the
land, a reference in theAurukun and MorningtonShire Leases Act 1978to the demised
land is a reference to theremaining part of the land.(3)Despite the cancellation of a lease
under this section, a leasein the form of a
sublease, as mentioned in section 45(2)(d),continues in
force as a lease under section 45, with the trusteeof
the Aboriginal land as the lessor.49Land
Court may resolve difficulties(1)If a
difficulty arises in—(a)the application
of this division to a particular matter; or(b)the
application, to a particular matter, of a provision ofanother Act because of the operation of this
division;the Land Court may, on the application of
the chief executiveor an interested person, make such order as
it considers properto resolve the difficulty.(2)Anordermadeundersubsection(1)haseffectdespiteanythingcontainedinthisdivisionorinanActinforceimmediately before the commencement of this
section.Division 2Approvals to
change how land isheld50Application to
hold Aboriginal land for native title holders(1)This
section applies if—(a)aCATSIcorporationthatisthetrusteeofAboriginallandbecomesaregisterednativetitlebodycorporateafter it became
the trustee of the land; andCurrent as at 7
November 2013Page 43
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 51](b)undertheCommonwealthNativeTitleAct,adetermination has been made that
native title exists inrelation to all or a part of the land;
and(c)the registered native title body
corporate is registered onthe National Native Title Register for
the determination.(2)TheregisterednativetitlebodycorporatemayapplytotheMinister in the approved form for an
approval to hold the landunder this Act for the native title
holders of the land.51Decision on application(1)The Minister must consider an
application made under section50 and
decide—(a)to give the approval; or(b)to refuse the application.(2)In considering the application, the
Minister must have regardto—(a)whetheranyAboriginalpeopleparticularlyconcernedwith
the land, other than native title holders of the land,may
be adversely affected by the approval; and(b)if
the Minister is satisfied Aboriginal people particularlyconcernedwiththelandwillbeadverselyaffectedbythe approval—any action the registered
native title bodycorporate intends to take to address the
concerns of theAboriginal people.(3)The
Minister may give the approval only if, having regard tothemattersmentionedinsubsection(2),theMinisterissatisfieditisappropriateinthecircumstancestogivetheapproval.52Notices about decision(1)TheMinistermustgivetheregisterednativetitlebodycorporate notice of the Minister’s decision
under section 51.Page 44Current as at 7
November 2013
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 53](2)IftheMinistergivestheapproval,thechiefexecutivemustnotify the
approval by gazette notice.(3)The
gazette notice must—(a)statethenameoftheregisterednativetitlebodycorporate; and(b)include a description of the Aboriginal land
held by itthat relates to the approval.(4)As soon as practicable after the
gazette notice is published,the chief
executive must give the registrar of titles notice ofthe
approval.(5)The notice must include a description
of the Aboriginal landheld by the registered native title
body corporate for the nativetitle holders of
the land.(6)Onreceivingthenotice,theregistrarmustrecordinthefreehold land register that the land
is held under this Act bytheregisterednativetitlebodycorporateforthenativetitleholders of the land.(7)In
this section—description, in relation to
land, means the description of theland as shown in
the freehold land register.53Effect of gazette
noticeOn publication of the gazette notice, the
registered native titlebody corporate is taken to hold the
land under this Act for thenative title
holders of the land.Division 3Reservations54Resource reservations under resource
ActsAdeedofgrantoftransferredlandmustcontainthereservationstotheStatetakentobecontainedinthegrantunder the following—Current as at 7
November 2013Page 45
Aboriginal Land Act 1991Part 4 Grant of
transferable land as Aboriginal land[s 55]•theGeothermal
Energy Act 2010, section 29•theGreenhouse Gas Storage Act 2009,
section 28•theMineral
Resources Act 1989, section 8•thePetroleum Act 1923, section
10•thePetroleumandGas(ProductionandSafety)Act2004, section
27.55Reservations of forest products and
quarry material etc.(1)A deed of grant
of transferred land may contain a reservationto the State of
forest products or quarry material above, on orbelowthesurfaceofthelandonlyifitisdeclaredbyregulation that—(a)theforestproductsorquarrymaterialisofvitalStateinterest;
and(b)the rights in the forest products or
quarry material arereserved to the State.(2)Ifadeedofgrantoftransferredlanddoesnotcontainareservationofparticularforestproductsorquarrymaterialabove, on or below the land, a regulation
may declare that—(a)the forest products or quarry material
are of vital Stateinterest; and(b)rightsintheforestproductsorquarrymaterialareacquired by the State.(3)If a regulation is made under
subsection (1) or (2), the trusteeof the land is
entitled to be paid by the State such reasonablecompensation because of the reservation or
acquisition as isagreed between the State and the trustee or,
failing agreement,as is determined by the Land Court.(4)Despite subsection (1), a permit,
lease, licence, agreement orcontract granted
or made under theForestry Act 1959, beforethe
day on which land became transferred land, in relation tothe
getting and selling of forest products or quarry materialabove, on or below the surface of the land,
continues in forceas if this section had not been
enacted.Page 46Current as at 7
November 2013
Part
5Aboriginal Land Act 1991Part 5 Claims for
claimable land[s 56]Claims for
claimable landDivision 1Requirements for
claims56Duly made claimsA claim for
claimable land must comply with the followingprovisions in
order to be duly made—(a)section
57;(b)section 58;(c)section 59;(d)section 60.57Who
may make a claim(1)A group of Aboriginal people may make
a claim for an area ofclaimable land.(2)The
claim may be made by members of a group of AboriginalpeopleonbehalfofthoseAboriginalpeopleandotherAboriginal
people who are members of the group.58Grounds on which claim may be madeA
claim under this Act may only be made on 1 or more of thefollowing grounds—(a)traditional affiliation;(b)historical association.59How
claim is to be madeA claim under this Act must—(a)be made by written application to the
chief executive;andCurrent as at 7 November 2013Page
47
Aboriginal Land Act 1991Part 5 Claims for
claimable land[s 60](b)be
in the appropriate form made available by the chiefexecutive; and(c)include—(i)adescriptionofthelandclaimedandamapshowing clearly the location of the land;
and(ii)astatementofthegroundonwhichtheclaimismade; and(iii)adescriptionofthegroupofAboriginalpeoplemaking the claim; and(iv)a
statement of the responsibilities in relation to theland
that the claimants agree to assume if the landis granted
because of the claim.60Time limit for
making of claimsA claim under this Act must be made not
later than 15 yearsafter the commencement of section 57.Note—The time for
making a claim ended on 22 December 2006.Division 2Determination of claims61Deciding whether claim duly made(1)If a claim is made to the chief
executive, the chief executivemust decide
whether the claim appears to be duly made.(2)If
the chief executive is satisfied that the claim appears to
beduly made, the chief executive must accept
the application andrefer the claim to the Land Tribunal.(3)If the chief executive is not
satisfied, the chief executive mustrefuse to accept
the application.(4)The chief executive must notify the
claimants, in writing, ofhis or her decision.Page
48Current as at 7 November 2013
Aboriginal Land Act 1991Part 5 Claims for
claimable land[s 62](5)Ifthechiefexecutiverefusestoaccepttheapplication,thechief executive must also notify the
claimants, in writing, ofhis or her reasons for refusing to
accept the application.(6)Ifthechiefexecutiverefusestoaccepttheapplication,theclaimantsmayaskthechairpersonoftheLandTribunaltodecide whether the claim is duly
made.(7)Ifthechairpersondecidesthattheclaimisdulymade,thechairpersonmustdirectthechiefexecutivetoaccepttheapplication under subsection (2).(8)If the chairperson decides that a
claim is not duly made, thechairperson must
notify the claimants, in writing, of his or herreasons for
refusing to accept the application.(9)Despite subsection (1), if a recommendation
has been made tothe Minister under section 71 for a grant in
fee simple, anotherclaim may not be duly made over the same
land.(10)Nothinginthissectionpreventsthechiefexecutivefromaccepting an
application if—(a)a claim (therepeat
claim) has been made to the chiefexecutiveundersection59anditappearstothechiefexecutivethatthelandtowhichtheclaimrelatesiscompletely or partly the same as land
that has previouslybeen claimed (theprevious
claim); and(b)norecommendationwasmadetotheMinisterundersection 71 about the previous claim.62Tribunal to notify making of
claims(1)As soon as practicable after a claim
is referred to the LandTribunal, the tribunal must comply
with this section.(2)The tribunal must cause copies of the
application to be madeavailable for public inspection at
offices of the tribunal duringordinaryworkinghoursandatsuchotherplacesasitconsiders
appropriate.Current as at 7 November 2013Page
49
Aboriginal Land Act 1991Part 5 Claims for
claimable land[s 63](3)The
tribunal must publish notice of the claim in the gazette, anewspaper circulating throughout the State
and such regionalnewspapers as the tribunal considers
appropriate.(4)The tribunal must give notice of the
claim, by letter or suchother means as it considers more
effective, to each person thatit is aware is
or may be an interested person.(5)A
notice under subsection (3) or (4) must include a statementto
the effect that—(a)copiesoftheapplicationareavailableforpublicinspection at
places, and during times, specified in thenotice;
and(b)interestedpersonsmay,withintheperiodspecifiedinthe notice, apply to the tribunal to
be made a party to theproceeding for the hearing of the
claim; and(c)any other group of Aboriginal people
may, within thatperiod, make a claim for the whole or part
of the landthesubjectoftheclaimorforsuchanareaandadditional area of claimable land.(6)The period specified in a notice for
the purposes of subsection(5)(b)mustbeaperiodofnotlessthan60daysafterthepublication of notice of the claim in
the gazette.63Joint hearing of claimsIf—(a)a claim
(thefirst claim) is duly made
under this Act by agroupofAboriginalpeopleforanareaofclaimableland; and(b)a claim (thesubsequent
claim) is duly made under thisAct
by another group of Aboriginal people for the wholeor a
part of the area of claimable land (whether or not anadditional area of claimable land is also
claimed); and(c)thesubsequentclaimisreferredtotheLandTribunalwithin the period specified in the notice
published underPage 50Current as at 7
November 2013
Aboriginal Land Act 1991Part 5 Claims for
claimable land[s 64]section62inrelationtothefirstclaimorbeforethehearing of the first claim has
started;then—(d)the
first claim and the subsequent claim are to be heardand
determined together; and(e)if the
subsequent claim does not include an additionalarea of
claimable land—section 62 does not apply to thesubsequent
claim.64Repeat claimsIfarepeatclaimmentionedinsection61(10)hasbeenreferred to the
Land Tribunal, the tribunal may hear the repeatclaim only if a
presiding member is satisfied that the repeatclaim could be
established on 1 or more grounds mentioned insection 65 or 66
because—(a)thebasisonwhichtherepeatclaimismadeissubstantially different to the basis on
which the previousclaim was made; or(b)informationhasbecomeavailabletothetribunalthatwas not
previously available and, if the information hadpreviouslybeenavailabletothetribunal,itmayhaveaffectedthedecisionofthetribunalonthepreviousclaim.65Establishment of claim on ground of
traditional affiliation(1)AclaimbyagroupofAboriginalpeopleforanareaofclaimablelandonthegroundoftraditionalaffiliationisestablished if the Land Tribunal is
satisfied that the membersof the group have a common connection
with the land basedon spiritual and other associations with,
rights in relation to,and responsibilities for, the land
under Aboriginal tradition.(2)In
determining the claim, the tribunal must consult with, andconsidertheviewsof,thepersonsrecognisedunderAboriginal tradition as the elders of the
group of Aboriginalpeople.Current as at 7
November 2013Page 51
Aboriginal Land Act 1991Part 5 Claims for
claimable land[s 66]66Establishment of claim on ground of
historicalassociation(1)AclaimbyagroupofAboriginalpeopleforanareaofclaimablelandonthegroundofhistoricalassociationisestablished if the Land Tribunal is
satisfied that the group hasan association
with the land based on them or their ancestorshaving, for a
substantial period, lived on or used—(a)the
land; or(b)land in the district or region in
which the land is located.(2)Without limiting
subsection (1), the claim may be establishedwhether or not
all or a majority of the members of the grouphave themselves
lived on or used such land.(3)In
determining the claim, the tribunal must consult with, andconsidertheviewsof,thepersonsrecognisedunderAboriginal tradition as the elders of the
group of Aboriginalpeople.67Claim
may be established for only part of land claimedAclaimbyagroupofAboriginalpeopleforanareaofclaimable land may be established for
a part only of the land.68Claim may be
established on more than 1 groundAclaimbyagroupofAboriginalpeopleforanareaofclaimable land may be established on
more than 1 ground.69Time at which it is to be decided
whether land isclaimable landThe question
whether land claimed under this Act is claimableland
is to be decided as at the beginning of the day on whichthe
relevant claim for the land was made under this part.Page
52Current as at 7 November 2013
Aboriginal Land Act 1991Part 5 Claims for
claimable land[s 70]70Amendment of claim(1)A
claim under this Act may be amended with the leave of theLand
Tribunal.(2)If a claim is amended to include land
that was not claimed inthe original claim, section 62 applies
as if a separate claim hadbeen made for that land and the claim
had been referred to thetribunal.71Recommendation to Minister(1)Subjecttosection72,ifaclaimbyagroupofAboriginalpeople for an
area of claimable land is established, the LandTribunalmustrecommendtotheMinisterthatthelandbegranted in fee simple to the group.(2)When the tribunal makes a
recommendation under subsection(1),thetribunalmustalsomakerecommendationstotheMinisterastotheentity,orthepersonswhoaretoberepresented by an entity, that should
be appointed to be thegrantee of the land as trustee for the
benefit of the group ofAboriginal people concerned.(3)In making recommendations under
subsection (2), the tribunalmust, unless it
is satisfied that exceptional circumstances existthatrequireittodootherwise,actinamannerthatisconsistent with—(a)any
Aboriginal tradition applicable to the land; and(b)the views of the group of Aboriginal
people concernedsofarastheyarenotinconsistentwithanysuchAboriginal
tradition.(4)When the tribunal makes a
recommendation under subsection(1),thetribunalmustadvisetheMinister,inwriting,inrelation to each of the following
matters—(a)the number of Aborigines who will be
advantaged by agrantoftheland,andthenatureandextentoftheadvantage that will accrue to
them;(b)the responsibilities in relation to
the land that the groupof Aboriginal people concerned agree
to assume if theCurrent as at 7 November 2013Page
53
Aboriginal Land Act 1991Part 5 Claims for
claimable land[s 72]landisgrantedbecauseoftheclaim,andhowthoseresponsibilities should be expressed in any
deed of grantfor the land;(c)thedetrimenttopersonsorcommunities(includingother Aboriginal
groups and Torres Strait Islanders) thatmight result
from a grant of the land;(d)the effect (if
any) that a grant of the land is likely to haveon the existing
and proposed patterns of land usage inthe region of
the land.(5)In this section—Ministermeans the Minister administering the Land
Act.72Resolution of conflicting
claims(1)Subject to subsection (2), if claims
by 2 or more groups ofAboriginalpeopleforthesameareaofclaimablelandareestablishedonthesameground,theLandTribunalmustrecommend to the
Minister that the land be granted jointly tothe
groups.(2)If—(a)more
than 1 claim is established; and(b)each
of the competing claims is established on 1 or moregrounds; and(c)1 or
more of the claims is established on the ground oftraditional affiliation;a recommendation
must not be made in favour of any othergroup on the
ground of historical association.(3)In
this section—Ministermeans the
Minister administering the Land Act.73Notification of parties(1)IfaclaimbyagroupofAboriginalpeopleforanareaofclaimable land is established on 1 or
more grounds, the LandPage 54Current as at 7
November 2013
Aboriginal Land Act 1991Part 6 Grant of
claimable land as Aboriginal land[s 74]Tribunalmustnotifyeachpartytotheproceeding,inwriting—(a)that
the claim has been so established; and(b)of
the recommendations (if any) made to the Minister inrelation to the claim.(2)IfaclaimbyagroupofAboriginalpeopleforanareaofclaimable land is not established on 1
or more grounds, theLandTribunalmustnotifyeachpartytotheproceeding,inwriting, that the claim has not been so
established.(3)In this section—Ministermeans the Minister administering the Land
Act.Part 6Grant of
claimable land asAboriginal landDivision 1Grant of land74Deeds
of grant to be prepared(1)If—(a)the Land Tribunal recommends to the
Minister that anareaoflandbegrantedinfeesimpletoagroupofAboriginal people; and(b)theMinisterissatisfiedthattheland,orapartoftheland, should be so granted to the
group;the Minister must direct the chief executive
to prepare a deedof grant in fee simple over the land or that
part of the land.(2)The land need not be surveyed but may
be described in thedeed of grant in such manner as the Minister
directs.Current as at 7 November 2013Page
55
Aboriginal Land Act 1991Part 6 Grant of
claimable land as Aboriginal land[s 75](3)Thedeedofgrantmustshowthatthelandisheldbythegrantees for the benefit of the group
of Aboriginal people andtheir ancestors and
descendants.(4)The deed of grant must specify—(a)the ground on which the Land Tribunal
recommendedthat the land be granted; and(b)the responsibilities that the group of
Aboriginal peoplehave agreed to assume in relation to the
land.(5)Subsections (2), (3) and (4) have
effect despite any other Actor any rule of
law or practice.75Appointment of grantee(1)The Minister may appoint the following
entities as grantee oflandthesubjectofadeedofgrantpreparedundersection74—(a)a CATSI
corporation that is qualified to hold the land; or(b)a land trust.(2)However, the Minister may appoint a CATSI
corporation thatis a registered native title body corporate
as a grantee of landunder subsection (1) only if—(a)undertheCommonwealthNativeTitleAct,adetermination has been made that
native title exists inrelation to all or a part of the land;
and(b)the registered native title body
corporate is registered onthe National Native Title Register for
the determination.(3)Before making the appointment, the
Minister—(a)must consult with, and consider the
views of, the groupof Aboriginal people concerned; and(b)unlesstheMinisterissatisfiedthatexceptionalcircumstancesexistthatrequiretheMinistertodootherwise, must have regard to—(i)any Aboriginal tradition applicable to
the land; andPage 56Current as at 7
November 2013
Aboriginal Land Act 1991Part 6 Grant of
claimable land as Aboriginal land[s 76](ii)the views of the
group to the extent the views arenotinconsistentwithanyAboriginaltraditionapplicable to the land.(4)Also,inconsideringwhethertoappointaregisterednativetitle body corporate as the proposed grantee
for the land, theMinister may have regard to any matter the
Minister considersrelevanttotheproposedappointment,including,forexample—(a)whetheranyofthegroupofAboriginalpeopleconcerned, other than the native title
holders of the land,may be adversely affected by the
proposed appointment;and(b)if
the Minister is satisfied any of the group of Aboriginalpeopleconcernedwillbeadverselyaffectedbytheproposed
appointment—any action the registered nativetitlebodycorporateintendstotaketoaddresstheconcerns of the Aboriginal people.76Authority to grant fee simple in
claimable landThe Governor in Council may, under this Act
and the LandAct, grant claimable land in fee
simple.77Deed of grant takes effect on
delivery(1)A deed of grant prepared under this
division takes effect onthe delivery of the deed of grant to
the grantee.(2)On delivery of the deed of grant to
the grantee, the land thesubject of the deed becomes granted
land and, if the land isnot already Aboriginal land, becomes
Aboriginal land.(3)Subsection (1) has effect despite any
other Act or any rule oflaw or practice.78Existing interests(1)If
granted land was, immediately before becoming Aboriginalland
under this division, subject to an interest or benefited byCurrent as at 7 November 2013Page
57
Aboriginal Land Act 1991Part 6 Grant of
claimable land as Aboriginal land[s 79]aneasement,theinterestcontinuesinforceorthelandcontinues to be
benefited by the easement.(2)In this
section—interestincludes native
title, but does not include an interestin favour of the
State or Commonwealth that is not registered.79Cancellation of existing deed of
grant(1)If—(a)land
is the subject of a deed of grant issued under part 4(theexisting
deed); and(b)a
deed of grant (thenew deed) over the whole
or a partof the land takes effect under section
77;the existing deed is cancelled, to the
extent of the new deed,by operation of this section.(2)The Minister must cause notice to be
given to the registrar oftitles of the day of delivery of the
new deed to the grantees andthe registrar
must note the cancellation of the existing deed inthe
register accordingly.(3)Thetrusteethatholdsthe
existingdeedmust,onreceiptofnotice by the Minister so to do, deliver the
existing deed to thechief executive within such reasonable
period, as is specifiedin the notice.(4)If
the existing deed is cancelled only in relation to part of
theland, the chief executive must prepare and
issue to the trusteethat holds the deed a deed of grant
under the Land Act (thereplacement deed) over the
remaining part of the land.(5)The
replacement deed is, for the purposes of this Act, taken tobe a
deed of grant prepared and issued under part 4.(6)The
chief executive must endorse on the replacement deed, intheproperorderofpriority,theinstrumentsunderwhichexisting
relevant interests arose.Page 58Current as at 7
November 2013
Aboriginal Land Act 1991Part 6 Grant of
claimable land as Aboriginal land[s 80]80Land Court may resolve
difficulties(1)If a difficulty arises in—(a)the application of this division to a
particular matter; or(b)the application,
to a particular matter, of a provision ofanother Act
because of the operation of this division;the Land Court
may, on the application of the chief executiveor an interested
person, make such order as it considers properto resolve the
difficulty.(2)Anordermadeundersubsection(1)haseffectdespiteanythingcontainedinthispartorinanActinforceimmediately before the commencement of this
section.Division 2Reservations81Resource reservations under other
ActsA deed of grant of granted land and an
Aboriginal lease mustcontain the reservations to the State
taken to be contained inthe grant under the following—•theGeothermal
Energy Act 2010, section 29•theGreenhouse Gas Storage Act 2009,
section 28•theMineral
Resources Act 1989, section 8•thePetroleum Act 1923, section
10•thePetroleumandGas(ProductionandSafety)Act2004, section
27.82Reservations of forest products and
quarry material etc.(1)A deed of grant
of granted land that was transferred land maycontain a
reservation to the State of forest products or quarrymaterial above, on or below the surface of
the land only if it isdeclared by regulation that—Current as at 7 November 2013Page
59
Aboriginal Land Act 1991Part 6 Grant of
claimable land as Aboriginal land[s 83](a)theforestproductsorquarrymaterialisofvitalStateinterest;
and(b)the rights in the forest products or
quarry material arereserved to the State.(2)A
deed of grant of granted land that was not transferred landmust
contain a reservation to the State of—(a)all
forest products; and(b)all quarry
material;above, on and below the surface of the
land.(3)Despite subsection (1), a permit,
lease, licence, agreement orcontract granted
or made under theForestry Act 1959, beforethedayonwhichtransferredlandbecamegrantedland,inrelation to the getting and selling of
forest products or quarrymaterial above, on or below the
surface of the land, continuesin force as if
this section had not been enacted.(4)If a
deed of grant of granted land that was transferred landdoes
not contain a reservation of particular forest products orquarry material above, on or below the land,
a regulation maydeclare that—(a)theforestproductsorquarrymaterialisofvitalStateinterest;
and(b)the rights in the forest products or
quarry material areacquired by the State.(5)If a
regulation is made under subsection (1) or (4), the trusteeof
the land is entitled to be paid by the State such reasonablecompensation because of the reservation or
acquisition as isagreedonbetweentheStateandthetrusteeor,failingagreement, as is
determined by the Land Court.Division 3Access to coastal land83Rights of access preserved(1)If—Page 60Current as at 7 November 2013
Aboriginal Land Act 1991Part 7 Register of
entities holding Aboriginal land[s 84](a)landthatisanareaofcoastbecomesAboriginallandbecause of a claim under this Act;
and(b)arightofaccesstooracrossthearea(whetherbypersonsgenerallyorparticularpersons)existedimmediately
before the land became claimable land;the right of
access continues in force as if the land had notbecome Aboriginal land.(2)In
this section—coastmeans all land,
including the bed and banks of any river,stream,
watercourse, lake or other body of water, that is—(a)abovethehighestastronomicaltidemarkandwithin400m, measured
by the shortest distance, of that mark;or(b)below the highest astronomical tide
mark.highest astronomical tidemeans the highest level of the tidesthat
can be predicted to occur under average meteorologicalconditionsandunderanycombinationofastronomicalconditions.Part 7Register of entities holdingAboriginal land84Keeping register of entities holding
Aboriginal land(1)The chief executive must keep a
register of entities that holdAboriginal land
(theAboriginal land holding entity
register).(2)The register
must contain the following information for eachentity—(a)the entity’s name, address for the
service of documentsand contact telephone number;(b)a description of the Aboriginal land
held by the entity.Current as at 7 November 2013Page
61
Aboriginal Land Act 1991Part 7 Register of
entities holding Aboriginal land[s 85](3)If the entity is a land trust, the
register must also contain allthe following
information about the land trust—(a)the
names and addresses of all the current members ofthe
land trust;(b)the name of each member of the land
trust’s executivecommittee, and the position held by the
member;(c)acontacttelephonenumberforthechairpersonandsecretary of the land trust;(d)a copy of the land trust’s adopted
rules;(e)copies of annual financial statements
and audit reportsthechiefexecutivereceivesfromthelandtrustunderthis Act;(f)a statement about whether or not the
land trust has, foreachfinancialyear,operatedincompliancewiththeAct.Note—Under section 258, the chief executive
must record in the registerwhether or not a land trust has
operated in compliance with theAct.(4)The chief executive may keep the
register in the form the chiefexecutiveconsidersappropriate,including,forexample,inelectronic form.85Giving information for register to the chief
executive(1)Each entity, other than a land trust,
that holds Aboriginal landmust—(a)assoonaspracticableaftertheendofeachfinancialyear,givetothechiefexecutivetheinformationmentioned in
section 84(2) for the entity; and(b)assoonaspracticableafteranyoftheinformationchanges—givethechiefexecutiveanoticeofthechange.Page 62Current as at 7 November 2013
Aboriginal Land Act 1991Part 7 Register of
entities holding Aboriginal land[s 86](2)Alandtrustmustgivetothechiefexecutivealltheinformation the
chief executive reasonably requires to ensurethe information
in the register about the land trust is accurate.86Obtaining information in
register(1)A person may, in the approved form,
ask the chief executive togive the person information included
in the Aboriginal landholding entity register.(2)The chief executive must, if asked
under subsection (1), givethe person the information included in
the publicly availablepart of the register.(3)The chief executive may, if asked
under subsection (1), givethe person the additional information
for a land trust only ifthechairpersonofthelandtrustconsentsinwritingtothegiving of the information.(4)In this section—additionalinformation,foralandtrust,meansthefollowing—(a)the
names of all the current members of the land trust;(b)theinformationmentionedinsection84(3)(b),(d)or(e).publicly available part, of the
Aboriginal land holding entityregister,meansthepartoftheregistercontainingallthefollowing information—(a)the information mentioned in section
84(2);(b)for a land trust—(i)the
names of the chairperson and secretary of theland trust;
and(ii)the information
mentioned in section 84(3)(f).Current as at 7
November 2013Page 63
Aboriginal Land Act 1991Part 8 Transfer of
Aboriginal land by Minister[s 87]Part 8Transfer of Aboriginal land byMinisterDivision 1Preliminary87Purpose of pt 8The purpose of
this part is to provide for—(a)particular Aboriginal land to vest in the
State; and(b)the transfer of Aboriginal land that
vests in the State toanother entity to hold as Aboriginal
land.88Application of pt 8This
part applies to Aboriginal land that is or was held by aCATSIcorporationforthebenefitofAboriginalpeopleparticularly concerned with the land and
their ancestors anddescendants, if—(a)undertheCorporations(AboriginalandTorresStraitIslander) Act 2006(Cwlth)—(i)the corporation stops being
registered; and(ii)the land is
vested in the State; or(b)the corporation
is no longer qualified to hold the land.Division 2Vesting and transfer of land89Vesting of land in the State(1)IftheCATSIcorporationisnolongerqualifiedtoholdtheland, the Minister may, by gazette notice,
declare that the landvests in the State.(2)The gazette notice must—(a)include a description of the land;
andPage 64Current as at 7
November 2013
Aboriginal Land Act 1991Part 8 Transfer of
Aboriginal land by Minister[s 90](b)state the reason that the CATSI corporation
is no longerqualified to hold the land.90How land is held by the State(1)This section applies if—(a)thelandvestsintheStateundertheCorporations(AboriginalandTorresStraitIslander)Act2006(Cwlth);
or(b)the land vests in the State under
section 89.(2)The land—(a)vests in the State in fee simple; and(b)the State holds the land for the
benefit of the persons forwhose benefit the land was held
immediately before itvested in the State.91Minister to transfer land as soon as
practicable(1)The Minister must, by gazette notice
as soon as practicableafter the land vests in the State,
transfer the land under thispart.(2)The gazette notice must
include—(a)a description of the land being
transferred; and(b)the name of the entity to whom the
land is transferred.92Transfer to registered native title
body corporate to holdfor native title holders(1)This section applies if—(a)undertheCommonwealthNativeTitleAct,adetermination has been made that
native title exists inrelation to all or a part of the land;
and(b)there is a registered native title
body corporate for thedetermination.Current as at 7
November 2013Page 65
Aboriginal Land Act 1991Part 8 Transfer of
Aboriginal land by Minister[s 93](2)TheMinistermay,withthe
consent