Queensland Consolidated Acts

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ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES (JUSTICE, LAND AND OTHER MATTERS) ACT 1984 - SECT 63

Right of Aborigines and Torres Strait Islanders to particular forest products and quarry material—non-Aboriginal and non-Torres Strait Islander land

63 Right of Aborigines and Torres Strait Islanders to particular forest products and quarry material—non-Aboriginal and non-Torres Strait Islander land

(1) Subject to sections 62 and 93 of the Nature Conservation Act 1992 , but despite any other Act, a member of a community of Aborigines or Torres Strait Islanders that lives in a community government or IRC area of a community government or indigenous regional council is not liable to prosecution for an offence for taking forest products or quarry material, within the meaning of the Forestry Act 1959 , from above, on or below the surface of trust land held by the community government or indigenous regional council, for use within the community government or IRC area of the community government or indigenous regional council.
(2) Subsection (1) does not authorise the sale or other disposal for gain of forest products or quarry material taken under that subsection.
(3) Despite the Forestry Act 1959 , a community government or indigenous regional council may authorise the gathering or digging, and removal of forest products or quarry material from above, on or below the surface of trust land held by the community government or indigenous regional council, for use within the community government or IRC area of the community government or indigenous regional council.
(4) The forest products or quarry material may be gathered or dug, and removed, under subsection (3) without the payment of royalty.
(5) In this section—

"trust land" means land that is trust land for the benefit of Aboriginal or Torres Strait Islander inhabitants or for Aboriginal or Torres Strait Islander purposes under the Land Act 1994 .



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