Queensland Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013

- As at 2 July 2022 
- Act 2 of 2013 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Main object of Act
   4.      Achieving Act’s main object
   5.      Approach adopted in applying ALA or TSILA
   6.      All rights under 1985 Land Holding Act to be dealt with under this Act
   7.      Act binds all persons

           Division 2 - Interpretation

   8.      Definitions
   9.      Meaning of lease entitlement and holder of lease entitlement
   10.     Meaning of trust area and trustee

   PART 2 - TRANSITION FROM 1985 LAND HOLDING ACT TO THIS ACT

           Division 1 - Adjustment of status of land affected by 1985 Land Holding Act

   11.     Return of land previously divested under 1985 Land Holding Act
   12.     Continuation of 1985 Act granted leases

           Division 2 - Advice to Minister

   13.     Establishment of Land Holding Act stakeholder reference panels

   PART 3 - LEASE ENTITLEMENTS

           Division 1 - Introduction

   14.     Operation of pt 3

           Division 2 - Publication of lease entitlement notices

   15.     Chief executive to publish lease entitlement notice
   16.     Requirements for lease entitlement notice
   17.     Replacement lease entitlement notice

           Division 3 - Trust area notice

   18.     Chief executive to notify trustee about lease entitlements
   19.     Chief executive to notify trustee if no lease entitlements
   20.     Publication of trust area notice

           Division 4 - Addition to and replacement of lease entitlement notices

   21.     Time limits for application under this division
   22.     Application for publication of lease entitlement notice
   23.     Appeal to Land Court against refusal to publish lease entitlement notice
   24.     Application for replacement of lease entitlement notice
   25.     Appeal to Land Court about decision on application for replacement of lease entitlement notice

           Division 5 - Lease entitlement not established

   26.     Hardship certificate

           Division 6 - Surrender of lease entitlement

   27.     Surrender

   PART 4 - IDENTIFICATION OF PRACTICAL OBSTACLES

   28.     Operation of pt 4
   29.     What are practical obstacles
   30.     Minister refers lease entitlement notice to Land Holding Act stakeholder reference panel or reference entity
   31.     Minister advises of obstacles and gives statement of reasons
   32.     Application about statement of reasons (obstacles)
   33.     Refusal to amend statement of reasons (obstacles)

   PART 5 - GRANTS OF LEASES TO SATISFY LEASE ENTITLEMENTS

           Division 1 - Introduction

   34.     Operation of pt 5

           Division 2 - Granting lease to satisfy lease entitlement if no obstacles to grant

   35.     Minister may grant lease

           Division 3 - Application to proceed immediately with the grant of a lease

   36.     Application to proceed immediately with the grant of a lease
   37.     Consideration of application
   38.     Refusal to proceed immediately with grant of lease

           Division 4 - Granting lease to satisfy lease entitlement if obstacles to grant

              Subdivision 1 - Deferred grants generally

   39.     Minister may make deferred grant of lease

              Subdivision 2 - Consultation or agreement before deferred grant

   40.     Purpose of sdiv 2
   41.     Minister may rely on advice
   42.     Reference to Land Holding Act stakeholder reference panel
   43.     Persons to be consulted
   44.     Location of lease
   45.     Ownership of improvements

              Subdivision 3 - Agreed deferred grant

   46.     Minister may make agreed deferred grant

              Subdivision 4 - Contested deferred grant

   47.     Application to Land Court in absence of agreement
   48.     Decision of Land Court for contested deferred grant
   49.     Compensation for grantee in circumstances of contested deferred grant

           Division 5 - New Act granted leases generally

   50.     New Act granted leases

   PART 6 - BOUNDARY RELOCATIONS FOR PARTICULAR 1985 ACT GRANTED LEASES

           Division 1 - Introduction

   51.     Operation of pt 6

           Division 2 - Consultation about boundary relocations

   52.     Consultation about boundaries of lease

           Division 3 - Agreed boundary relocation

   53.     Application to Land Court in case of agreement
   54.     Decision of Land Court for agreed boundary relocation

           Division 4 - Contested boundary relocation

   55.     Application to Land Court in absence of agreement
   56.     Decision of Land Court for contested boundary relocation
   57.     Compensation for lessee in circumstances of contested boundary relocation

           Division 5 - Recording boundary relocation

   58.     Recording of boundary relocation

   PART 7 - OWNERSHIP OF STRUCTURAL IMPROVEMENTS

   59.     Ownership of improvements continues
   60.     Agreement or arrangement for 1985 Land Holding Act, s 15
   61.     Gazette notice for completed agreement or arrangement
   62.     Use of valuation methodology for social housing dwelling

   PART 8 - CONDITIONS AND REQUIREMENTS APPLYING TO LEASES

           Division 1 - Conditions and requirements applying to leases other than term leases

   63.     Operation of div 1
   64.     Dealings
   65.     Registration of dealings
   66.     Lease for residential purposes
   67.     Subleases
   68.     Surrenders

           Division 2 - Term leases

   69.     Entitlement to apply for lease under ALA or TSILA

           Division 3 - (Expired)

   PART 9 - APPLICATION OF PROVISIONS OF ALA OR TSILA

           Division 1 - Applying ALA or TSILA

   70.     ALA provisions
   71.     TSILA provisions
   72.     (Repealed)

           Division 2 - Applying ALA

              Subdivision 1 - All land

   73.     Applying ALA, pt 10, div 4 (Home ownership leases)

              Subdivision 2 - Aboriginal land

   74.     Applying ALA, pt 14 (Provisions about mortgages of leases over Aboriginal land)

              Subdivision 3 - Aboriginal trust land

   75.     Definition for sdiv 3
   76.     Applying ALA, s 185 (Relationship with Land Act)
   77.     Applying ALA, s 187 (Amending trustee (Aboriginal) lease)
   78.     Applying ALA, s 188 (Mortgage of trustee (Aboriginal) lease)
   79.     (Repealed)

           Division 3 - Applying TSILA

              Subdivision 1 - All land

   80.     Applying TSILA, pt 8, div 4 (Home ownership leases)

              Subdivision 2 - Torres Strait Islander land

   81.     Applying TSILA, pt 10 (Provisions about mortgages of leases over Torres Strait Islander land)

              Subdivision 3 - Torres Strait Islander trust land

   82.     Definition for sdiv 3
   83.     Applying TSILA, s 141 (Relationship with Land Act)
   84.     Applying TSILA, s 143 (Amending trustee (Torres Strait Islander) lease)
   85.     Applying TSILA, s 144 (Mortgage of trustee (Torres Strait Islander) lease)

   PART 10 - MISCELLANEOUS

   86.     Plans of survey
   87.     Limitation on qualification requirement
   88.     Delegations
   89.     Application to Land Court if no interested persons identified
   90.     Information Privacy Act does not stop sharing of information necessary for effective operation of this Act
   91.     Review of Act
   92.     Approval of forms
   93.     Regulation-making power

   PART 11 - REPEAL AND TRANSITIONAL PROVISIONS FOR ACT NO. 2 OF 2013

   94.     Repeal
   95.     Continuation of proceeding
   96.     (Repealed)

   PART 12 - TRANSITIONAL PROVISION FOR NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019

   96.     Application of former s 69A to particular leases
           SCHEDULE - Dictionary