5 Some Aboriginal people have a historical connection to certain areas of land based on the fact that they or their ancestors have lived on or used the land or neighboring land. For the purposes of this Act, aborigines are particularly concerned with land if—. a) they are members of a group that has a special connection with the land under Aboriginal tradition; or.
Basic concepts
Aboriginal land
Aboriginal Land Act 1991 Part 2 Basic concepts. 2) Aboriginal land includes land that has been transferred to land and has subsequently become grant land.
Transferable and transferred land
Declarations about particular transferable land
As soon as practicable after a declaration has been made that the land concerned is not transferable land, the chief executive must give the land trustee notice of the declaration. This section applies if—. a) according to Article 16, the Minister declares that the land is not transferable; and. b) a subdivision plan has been submitted for the land according to the land title law or the land law for the purpose of identifying the land; and.
Available State land
Aboriginal Land Act 1991 Part 2 Basic concepts. i) in which no person other than the state has an interest; and. ii) announced according to a regulation available state land. interest means a legal or equitable interest in land, but does not include native title, a mining interest or an easement. Aboriginal Land Act 1991 Part 2 Basic concepts. the new interest granted by the proposed trustee of the land will have the effect of replacing the person's interest in the land.
Application of laws to Aboriginal land
For the avoidance of doubt, available state land is stated to include every national park. Aboriginal Land Act 1991 Part 2A Providing Property. a) allows available land to be granted title under the Land Act to a person eligible for the available land;. i) the trustee of title option land to consult and make an instrument of title; And. ii) the local government of the area in which the land is located to link the ownership instrument to its planning plan; And.
Basic concepts
Aboriginal Land Act 1991 Part 2A Provides freehold. a) if there is an interest holder for the available land - the process set out in section 5; or. b) otherwise — the process set out in section 6. appeal period, for available land, means the period commencing on the day a person receives an information notice in relation to the available land and ending —. a) if an appeal has not been filed in relation to the available land – on the last day for filing an appeal; or. b) if an appeal is lodged in relation to the available land – when the appeal has been finally settled. eligible person, for available land, means a person who meets the eligibility criteria for the land and is—. a) an Aboriginal person or Torres Strait Islander; or (b) the spouse or former spouse of—. (i) a person referred to in clause (a); or. ii) an Aboriginal or Torres Strait Islander person who has died. freehold instrument means a freehold plan and the freehold policy for the freehold plan. freehold option land means land in the Aurukun Shire Council area, the Mornington Shire Council area or an Indigenous local government area if—. a) one of the following entities is the administrator of the land—. (ii) Mornington Shire Council;. iii) an indigenous local government;. (v) any other entity holding the land under this Act; and.
Approval for grant of available land
Aboriginal Land Act 1991 Part 2A Providing Property. urban area: an area identified as an area designated for urban purposes or future urban purposes on a map in a planning scheme used to indicate zones. urban purposes: purposes for which land is used in cities or towns, including residential, industrial, sporting, recreational and commercial purposes. Aboriginal Land Act 1991 Part 2A Providing Property. iii) if the available land has been allocated under Article 32ZF, a reliability consultant has certified the reliability of the allocation process for the available land; And.
Freehold instruments
Aboriginal Land Act 1991 Part 2A Provides freehold. a) the criteria (eligibility criteria) for participating in the allocation process for available land; and.
Making, amending or repealing freehold instruments
This section applies if a local government receives notice under Section 32J(2)(b) regarding an instrument of ownership. An instrument of title associated with a local government's planning plan can only be modified or revoked by a trustee by following the process specified in the minister's directive under Section 32H.
Other provisions about freehold instruments
In deciding to determine the terms of an offer under subsection (4), the trustee must have regard to the freehold instrument. Offer ends when the first of the following occurs—. a) the eligible person rejects the offer under section 32U;.
Allocation process for available land if no interest holder
The trustee may grant only the available land—. a) after the end of the appeal period; and. The trustee must refund the deposit of each unsuccessful applicant after the trustee allocates the available land.
Miscellaneous
Formal expression of interest about land
This part applies to the following ground—. b) land dedicated as a reserve in terms of the Constitution;. d) land subject to an occupation licence;. e) land held under a lease under the Constitution by or for Aboriginal people. The chief executive officer's consideration of an expression of interest does not impose an obligation on the State in terms of this Act to make the land to which it relates transferable land.
Grant of transferable land as Aboriginal land
This section applies to transferable land if—. a) in terms of the Commonwealth Native Title Act, a determination has been made that native title exists in relation to all or part of the land; and. Aboriginal Land Act 1991 Part 4 Grant of transferable land as Aboriginal land. generally in the area in which the land which is the subject of the deed of grant is situated; and.
Approvals to change how land is held
When processing the application, the Minister must take into account—. (a) whether any Aboriginal people who are specifically concerned with the land, other than native owners of the land, may be adversely affected by the approval; and. Upon publication of the gazette notice, the registered resident legal entity undertakes to own the land under this Act for the resident owners of the land.
Reservations
Claims for claimable land
A request under this law must be made no later than 15 years after the commencement of Article 57.
Determination of claims
65 Establishment of claims due to traditional affiliation (1) A claim by a group of Aboriginal people for an area of claimed land due to traditional affiliation is established if the district court is satisfied that the members of the group have a common affiliation with the land-based. 67 Claims can only be made for part of the land that is claimed. A claim by a group of Aboriginal people for an area of claimed land can only be established for part of the land.
Reservations
80 Land Court can solve problems (1) If a problem arises in—. a) the application of this division to a particular matter; or (b) the application, to a particular matter, of a provision of. another Act as a result of the operation of this section;. the Land Court may, on the application of the chief executive officer or an interested person, make such order as it deems appropriate to resolve the difficulty.
Access to coastal land
Register of entities holding Aboriginal land
Pursuant to section 258, the managing director must record in the register whether a land trust has operated in accordance with the law. 4) The director can keep the register in the form the senior manager deems appropriate, including e.g. in electronic form. 85 Provision of information for register to chief executive (1) Every entity, other than a land trust, which owns Aboriginal land. a) as soon as possible after the end of each financial year, provide the managing director with the information mentioned in section 84, subsection 2, for the company; and.
Transfer of Aboriginal land by Minister
Vesting and transfer of land
This section applies if the Minister does not transfer the land. under section 92 for a registered domestic title corporation. In making a decision to transfer land under this section, the Minister must have regard to any Aboriginal traditions applicable to the land.
Notices to registrar
Aboriginal Land Act 1991 Part 9 General Provisions for Dealing with Aboriginal Land. 4) Any person, or the group, referred to in subsection (2)(b)(ii) or (iii) may submit written comments on the proposed transfer to the Minister within the time limit set. The transfer of the land pursuant to this article has consequences with effect from the publication of the notice in the Government Gazette about the transfer pursuant to article 91.
General provisions for dealing with Aboriginal land
For restrictions on dealing with certain land in the Cape York Peninsula Region, see section 114.
Transfer of Aboriginal land by trustee
Examples of when it is appropriate for land to be transferred to a CATSI corporation—. 1 Transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly interested in land. On publication of a gazette notice, Aboriginal land proposed to be transferred may be transferred to the transferee.
Land held by CATSI corporation
2 The land is within the outer boundaries of a land area subject to a native title determination and the CATSI Corporation is the registered native title holder for the determination. 3 An ILUA has been entered into for the land and the CATSI company is nominated in the ILUA as the proposed transferee for the land under this Act.
Exemption from fees and charges
Land in Cape York Peninsula Region
Aboriginal Land Act 1991 Part 9 General provisions dealing with Aboriginal land. a) can hand over all or part of the land to the state;
Other matters
This section applies if—. (a) an administrator holds allocated land for the benefit of a single group of Aboriginal people; and.
Leasing of Aboriginal land
Grant of leases for Aboriginal land
Common provisions for part 10 leases
In deciding whether the lease may be forfeited, the Land Court must take into account—. Part 10 Leasing of Aboriginal land. a) the grounds stated in the notification under paragraph (3); This article applies to a tenancy agreement for an owner-occupied home if—. a) a proposed forfeiture of the lease has been referred to the Land Court; And.
Renewal
This section applies if a tenant under a home ownership tenancy has not applied for an extension of the tenancy under section 134 at least 2 years before the tenancy expires. This section applies to a home ownership lease if—. a) the lessee applied for the extension of the lease in accordance with Article 134; and.
General matters about forfeiture or non-renewal of home ownership
If the landlord decides not to renew the home ownership lease, the landlord must notify the tenant of this decision. 145 Payment of amount to mortgagor on discharge of mortgage. a) the landlord loses or decides not to extend the lease of ownership of the apartment; and.
Miscellaneous
Under section 122, a home ownership lease may include a condition that it is not to be transferred without the landlord's prior written consent.
Townsite leases
Requirements for Minister’s consent
Aboriginal Land Act 1991 Part 10 Leases of Aboriginal land. ii) shall not prevent the occupiers of the land of the municipality from continuing to live in and have access to the land, or to take ownership of the land under this Act.
Provisions about dealing with townsite leases
Effect of townsite lease on existing interests
Indigenous management agreements and land in Cape York
170 Indigenous Management Agreement Requirements (1) An Indigenous Management Agreement on management. a) include a plot on the plan description of the land; and (b) declare that the land shall be administered in perpetuity if—. i) for land in the region of Cape York Peninsula - a National Park (Aboriginal land on Cape York Peninsula); or. ii) for land in the North Stradbroke Island Region—. An Indigenous land management agreement can be amended with the consent of the trustee, or proposed trustee, for the land and the Secretary of the Environment.
Protected areas in Cape York Peninsula Region
Aboriginal Lands Act 1991, Part 11, Aboriginal Governance Agreements and Lands in the Cape York Peninsula Region and North Stradbroke Island Region.
Protected areas in North Stradbroke Island Region
Provisions about particular claimable land
If this Act provides that Aboriginal people generally consent to a grant, consent or agreement about Aboriginal land, the consent of the Aboriginal people is taken to have been given when—. Aboriginal Land Act 1991 Part 13 Decision Making Process. a) if there is a particular process of decision-making which, in terms of the Aboriginal tradition of the Aboriginal people, must be observed for decisions of that kind—the decision was made in terms of the process; or. b) otherwise—the decision was made in terms of the decision-making process agreed upon and accepted by the Aboriginal people for the decision or for decisions of that kind. This section applies if this Act provides that the trustee of Aboriginal land is required to make a decision about the land, including, for example, a decision about any of the following—. a) the manner in which the curator will consult on the making of a freehold instrument for the land;.
Provisions about mortgages of leases over Aboriginal land
Mortgages of leases over Aboriginal land
Leasing of Aboriginal trust land
For the purposes of the Land Act, except for the provisions mentioned in subsection (1), a trust (aboriginal) lease is taken to be a trust lease under that Act.
Leases
For mortgage of a trust (aboriginal) lease—. (i) as if the reference in section 345(2) to the Minister were a reference to the trustee; and. ii) if Article 346(1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and. iii) as if the reference in section 346(3) to a person qualified under the Land Act to hold a lease were a reference to a person entitled under that Act to a grant of a lease; and. All or part of a trust (aboriginal) lease or a sublease of a trust (aboriginal) lease may be surrendered only if each registered mortgagee and registered subtenant of the interest being surrendered has given written agreement to the surrender.
Special provisions about prescribed DOGIT land and prescribed
Before land is granted under Part 4, the Minister must—. a) consult with Aboriginal and Torres Strait Islander people, particularly those concerned with land -. i) to identify how the continued use of and access to land by Aboriginal and Torres Strait Islander people can be achieved; and. (ii) how Aboriginal and Torres Strait Islander people want the land to be held under this Act; This section applies if the land is to be or is—. (b) are held for the benefit of Aboriginal and Torres Strait Islander people, particularly those interested in the land, and their ancestors and descendants.
Prescribed reserve land
Occupation and use of Aboriginal land by the State or
Aboriginal Land Act 1991 Part 17 State or Commonwealth occupation and use of Aboriginal land. The State or Commonwealth shall not be liable for payment of any amount in the form of rent in connection with the occupation or use of land under Section 199(1).
Mining
This section applies if the State receives an amount (the royalty amount), by way of royalty under the Mineral Resources Act 1989, the Petroleum and Gas (Production and Safety).
The Land Tribunal
This section applies if an officer of the public service is appointed as chairman of the Land Tribunal. A member of the Land Tribunal may resign in writing signed and delivered to the Governor.
Conduct of proceedings before tribunal
In a trial before the Land Court—. a) the court procedure, according to this law, is at the discretion of the court; and. A witness summoned to appear at a hearing of the Land Tribunal shall be entitled to be paid such allowances and expenses—. b) as determined by the president of the court in the absence of regulations.
Miscellaneous
The regional court may hire persons with appropriate qualifications and experience as court advisers on behalf of the state. The president of the regional court may delegate his powers under this or any other law to another presiding member of the court.
Appointment, removal and suspension of members of land trusts
In working under this section, the Minister must have regard to any Aboriginal tradition that applies to Aboriginal land held by the Land Trust.
Grounds for removal or suspension of members
Aboriginal Lands Act 1991 Part 20 Land Trusts Provisions. a) if the member is a member of the executive committee of the land fund, the member—. i) in the performance of his duties as a member of the commission, he has violated or is acting contrary to the provisions of this law; or ii) performs or has performed land fund business in a fraudulent or inappropriate manner;. The Land Fund cannot obtain a quorum at the Land Fund General Assembly to remove or suspend a member.
Removal or suspension of members by Minister
If, after considering the accepted explanations for the notice of the cause of the show, the Minister is no longer of the opinion that there is a justification for removing or suspending the Member, the Minister shall:. a) take no further action in response to the report of the cause of the show; and (b) give notice to the member and the land trust that no. This section applies if the minister removes a member from a land trust pursuant to section 255(2) and the member is also a member of another land trust.
Removal or suspension of members by land trust
Aboriginal Land Act 1991 Part 20 Provisions on land trusts. i) whether a ground exists to remove or suspend the member; and. ii) if the executive committee decides that a ground exists—or removal or suspension of the member is justified. This section applies if the executive committee of a land trust, to a general meeting of the land trust, refers to the matter of the steps to be taken on an evidentiary case notice given to a member of the land trust.
Information about appointment, removal or resignation of members
Land trusts to give information to chief executive
In this section—. account, of a land trust, means—. a) an account, with a financial institution, in the land trust's name or in which the land trust has an interest; or (b) another account into which trust money is deposited. holder, of a land trust's account, means the land trust or other person authorized to operate the account. trust money means any amount that is trust property.
Miscellaneous
Application of Trusts Act 1973
Powers of Supreme Court
This section applies if a land trust or a member of a land trust commits a breach of trust at the instigation or request of or with the written consent of a beneficiary. This section applies if, at the Supreme Court's discretion, there is a disposition or transaction—. a) is appropriate for the management or administration of trust properties by a land trust or members of a land trust.
Appeals
The appeal takes the form of a rehearing, which is not affected by the decision, regarding the material before the decision maker and any further evidence allowed by the regional court. A person who appeals against a decision under this section must deliver a copy of the notice of appeal to—. b) for the decision mentioned in Article 277(5)—the decision-maker and the land fund.
Miscellaneous
This section applies if—. a) a person has an interest in land (the person's land); and (b) the person's land is—. i) surrounded by Aboriginal land; or. ii) in the vicinity of Aboriginal land and the only practical way to access the person's land is across Aboriginal land. The Minister may delegate all or any of the Minister's powers under or in relation to this Act to an officer of the public service.
Validation provisions
This section applies to former Aurukun Shire leasehold land which, immediately before the commencement of the amending Act, Schedule 1, Part 2, had not been transferred. This section applies to the creation of an interest in marketable land referred to in section 298, subsection a) the interest was created before the commencement; and (b) the Minister's consent to the creation of the interest was.
Transitional provisions
As soon as practicable after commencement, the chief executive must notify the registrar of titles that the land is vested in a trustee as referred to in subsection (2). If, immediately before the commencement, the Aboriginal land was subject to an interest granted or otherwise created under section 50 or 76 as it applied before the commencement, the interest continues to apply.
Transitional provisions for Aboriginal Land and Torres Strait
As soon as practicable after the beneficiaries have been incorporated, the Minister must, by gazette notification, declare—. a) the name of the land trust; and. 304 Continued operation of provisions on land trusts (1) The Minister may, before or on 31 December 2011 a. land trust under former part 9 for the purpose stated in former section 83B. a) as if the reference in former section 83A(3)(b) to the Aboriginal Land Regulation 1991 was a reference to the repealed regulation; and.
Transitional provision for Land, Water and Other Legislation
This section applies notwithstanding the amendment of this law by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011. 305 References to earlier provisions after renumbering (1) A reference in another law, regulation or document to a . a particular earlier provision of this Act may, if the context permits, be construed as referring to a provision of the renumbered Act, which corresponds in whole or in part or substantially with the previous provision. renumbered law means this law as renumbered under section 148, as inserted by the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011, section 90.
Transitional provisions for Aboriginal and Torres Strait Islander
