ABORIGINAL LAND ACT 1991

Queensland Consolidated Acts

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- As at 26 April 2024
- Act 32 of 1991

TABLE OF PROVISIONS

Long Title

Preamble

PART 1 - PRELIMINARY

1. Short title
2. Definitions
3. Aborigines particularly concerned with land etc.
4. Act binds all persons

PART 2 - BASIC CONCEPTS

Division 1 - Aboriginal people and their traditions

5. Meaning of Aboriginal people
6. Meaning of Aborigine
7. Meaning of Aboriginal tradition

Division 2 - Aboriginal land

8. Meaning of Aboriginal land

Division 3 - Transferable and transferred land

9. Meaning of transferable and transferred land
10. Lands that are transferable lands
11. DOGIT land
12. Aboriginal reserve land
13. (Repealed)
14. (Repealed)

Division 4 - Declarations about particular transferable land

15. Definition for div 4
16. Particular land may be declared to be not transferable land
16E. (Repealed)
16F. (Repealed)
17. Notice of intention to make declaration
18. Minister to consider representations and give notice of decision
19. Notice about declarations—trustee
20. Notice about declarations—registrar
21. Requirements about plans of subdivision for declarations

Division 5 - Claimable and granted land

22. Meaning of claimable and granted land
23. Land that is claimable land

Division 6 - Available State land

24. Land that is available State land—general
25. Agreement about particular land
26. Watercourses and lakes
27. Tidal land
28. Meaning of city or town land
28B. (Repealed)
29. Meaning of township land
30. National parks
31. Land that is not available State land

Division 7 - Application of laws to Aboriginal land

32. Application of laws

PART 2A - PROVIDING FREEHOLD

Division 1 - Preliminary

32A. Overview

Division 2 - Basic concepts

32B. Definitions for pt 2A

Division 3 - Approval for grant of available land

32C. Approval for grant of available land

Division 4 - Freehold instruments

Subdivision 1 - Trustee may make freehold instrument

32D. Trustee may make freehold instrument
32E. Trustee may have only 1 freehold instrument

Subdivision 2 - Making, amending or repealing freehold instruments

32F. Definition for sdiv 2
32G. Application of sdiv 2
32H. Minister to make and publish guideline
32I. Trustee to consult
32J. Trustee to give freehold instrument to Minister or local government
32K. Local government to follow process in guideline
32L. Minister may approve
32M. Amending or repealing freehold instrument

Subdivision 3 - Other provisions about freehold instruments

32N. Effect of freehold instrument
32O. Relationship with planning scheme

Division 5 - Allocation process for available land—interest holder

32P. Application of div 5
32Q. Application for available land
32R. Dwelling on available land
32S. Decision on application
32T. Offer to allocate available land
32U. Acceptance and refusal of offer
32V. Cooling-off period to apply to acceptance
32W. When offer ends
32X. Allocation of available land to eligible person

Division 6 - Allocation process for available land if no interest holder

32Y. Application of div 6
32Z. Public notice of intention to allocate available land
32ZA. Information to be included in allocation notice
32ZB. Probity advisor
32ZC. Decision on application to participate in allocation process
32ZD. Notice of allocation of available land
32ZE. How and when trustee may allocate
32ZF. Allocation of available land
32ZG. Deposits

Division 7 - Miscellaneous

32ZH. Continuation of mortgages and easements
32ZI. Cancellation of deeds of grant in trust, reserves etc.

PART 3 - FORMAL EXPRESSION OF INTEREST ABOUT LAND

33. Purpose of pt 3
34. Land to which pt 3 applies
35. Expression of interest in having land made transferable land
36. Chief executive to consider expression of interest
37. Consideration of expression of interest does not impose obligation on State

PART 4 - GRANT OF TRANSFERABLE LAND AS ABORIGINAL LAND

Division 1 - Grant of land

38. Deeds of grant to be prepared
39. Appointment of registered native title body corporate as grantee to hold land for native title holders
40. Appointment of grantee to hold land for benefit of Aboriginal people
41. Procedure for appointing particular grantee
42. Minister to act as soon as possible
43. Authority to grant fee simple in transferable land
44. Deed of grant takes effect on delivery
45. Existing interests
45A. Existing interests held by local government
46. (Repealed)
47. Cancellation of deed of grant in trust
48. (Repealed)
49. Land Court may resolve difficulties

Division 2 - Approvals to change how land is held

50. Application to hold Aboriginal land for native title holders
51. Decision on application
52. Notices about decision
53. Effect of gazette notice

Division 3 - Reservations

54. Resource reservations under resource Acts
55. Reservations of forest products and quarry material etc.

PART 5 - CLAIMS FOR CLAIMABLE LAND

Division 1 - Requirements for claims

56. Duly made claims
57. Who may make a claim
58. Grounds on which claim may be made
59. How claim is to be made
60. Time limit for making of claims

Division 2 - Determination of claims

61. Deciding whether claim duly made
62. Tribunal to notify making of claims
63. Joint hearing of claims
64. Repeat claims
65. Establishment of claim on ground of traditional affiliation
66. Establishment of claim on ground of historical association
67. Claim may be established for only part of land claimed
68. Claim may be established on more than 1 ground
69. Time at which it is to be decided whether land is claimable land
70. Amendment of claim
71. Recommendation to Minister
72. Resolution of conflicting claims
73. Notification of parties

PART 6 - GRANT OF CLAIMABLE LAND AS ABORIGINAL LAND

Division 1 - Grant of land

74. Deeds of grant to be prepared
75. Appointment of grantee
76. Authority to grant fee simple in claimable land
77. Deed of grant takes effect on delivery
78. Existing interests
79. Cancellation of existing deed of grant
80. Land Court may resolve difficulties

Division 2 - Reservations

81. Resource reservations under other Acts
82. Reservations of forest products and quarry material etc.

Division 3 - Access to coastal land

83. Rights of access preserved
83A. (Repealed)
83B. (Repealed)
83C. (Repealed)
83D. (Repealed)
83E. (Repealed)

PART 7 - REGISTER OF ENTITIES HOLDING ABORIGINAL LAND

84. Keeping register of entities holding Aboriginal land
85. Giving information for register to the chief executive
86. Obtaining information in register

PART 8 - TRANSFER OF ABORIGINAL LAND BY MINISTER

Division 1 - Preliminary

87. Purpose of pt 8
88. Application of pt 8

Division 2 - Vesting and transfer of land

89. Vesting of land in the State
90. How land is held by the State
91. Minister to transfer land as soon as practicable
92. Transfer to registered native title body corporate to hold for native title holders
93. Transfer to entity to hold for benefit of Aboriginal people
94. Procedure for transferring land
95. Effect of gazette notice about transfer

Division 3 - Notices to registrar

96. Notice about land

PART 9 - GENERAL PROVISIONS FOR DEALING WITH ABORIGINAL LAND

Division 1 - Trustee’s power to deal with Aboriginal land

97. Power to deal with Aboriginal land
98. (Repealed)
99. (Repealed)

Division 2 - Sale or mortgage prohibited

100. Prohibition on sale or mortgage of Aboriginal land

Division 3 - (Repealed)

Division 4 - Transfer of Aboriginal land by trustee

Subdivision 1 - Land held other than by CATSI corporation

103. Application of sdiv 1
104. Transfer of Aboriginal land
105. Application for approval to transfer
106. Minister’s approval to transfer
107. Effect of gazette notice about transfer

Subdivision 2 - Land held by CATSI corporation

108. Application of sdiv 2
109. Transfer of Aboriginal land
110. Application for approval to transfer
111. Minister’s approval to transfer
112. Effect of gazette notice about transfer

Subdivision 3 - Exemption from fees and charges

113. Exemption

Division 5 - Land in Cape York Peninsula Region

114. Dealing with Aboriginal land in Cape York Peninsula Region

Division 6 - Other matters

115. Trustee to advise chief executive of change to description of land
116. Particular dealings in Aboriginal land void
117. Provision about resumption of Aboriginal land etc.
118. Devolution of granted land

PART 10 - LEASING OF ABORIGINAL LAND

Division 1 - Definitions

119. Definitions for pt 10

Division 2 - Grant of leases for Aboriginal land

120. Grant of lease by trustee of Aboriginal land
121. Grant of lease by lessee of townsite lease

Division 3 - Common provisions for part 10 leases

122. General conditions of particular leases
123. Option to renew particular lease
124. Transfer of lease
125. Lease etc. to be registered

Division 4 - Home ownership leases

Subdivision 1 - Conditions and requirements

126. General conditions and requirements
127. Additional requirement if dwelling situated on land
128. Additional conditions and requirements for social housing dwelling

Subdivision 2 - Forfeiture

129. Grounds for forfeiture
130. Referral to Land Court for forfeiture
131. Lessor’s options if Land Court decides lease may be forfeited
132. Notice and effect of forfeiture
133. Extension of term of lease if proposed forfeiture

Subdivision 3 - Renewal

134. Application to renew lease
135. Notice of expiry of lease
136. Lessor to consider and decide application
137. Decision to renew lease
138. Lessor may decide not to renew lease
139. Notice about decision not to renew lease
140. Extension of term of lease if application for renewal

Subdivision 4 - General matters about forfeiture or non-renewal of home ownership leases

141. Right to remove improvements if lease forfeited or not renewed
142. Payment by lessor if lease forfeited or not renewed
143. Unclaimed amount
144. Amount owing to lessor or mortgagee
145. Payment of amount to mortgagee in discharge of mortgage

Subdivision 5 - Miscellaneous

146. Exemption from fees and charges
147. Beneficiary to home ownership lease

Division 5 - Townsite leases

Subdivision 1 - Restriction on grant

148. Minister’s consent for grant of townsite lease

Subdivision 2 - Requirements for Minister’s consent

149. General requirements for Minister’s consent

Subdivision 3 - Provisions about dealing with townsite leases

150. Transfer or amendment of townsite lease
151. Surrender of townsite lease
152. No forfeiture of townsite lease

Subdivision 4 - Effect of townsite lease on existing interests

153. Lessee of townsite lease taken to be lessor of existing leases

Division 6 - (Repealed)

Division 7 - (Repealed)

PART 11 - INDIGENOUS MANAGEMENT AGREEMENTS AND LAND IN CAPE YORK PENINSULA REGION, NORTH STRADBROKE ISLAND REGION AND ON MORETON ISLAND

Division 1 - Indigenous management agreements

169. Entering into indigenous management agreement
170. Requirements for indigenous management agreement
171. Amending indigenous management agreement
172. Recording of indigenous management agreement

Division 2 - Protected areas in Cape York Peninsula Region

173. Requirements about grant of prescribed protected areas in Cape York Peninsula Region
174. Prescribed protected areas are transferable land

Division 3 - Protected areas in North Stradbroke Island Region

175. Requirement about grant of prescribed protected areas in North Stradbroke Island Region

Division 4 - Protected areas on Moreton Island

175A. Prescribed protected areas on Moreton Island are transferable land
175B. Requirement about grant of prescribed protected areas on Moreton Island

PART 12 - PROVISIONS ABOUT PARTICULAR CLAIMABLE LAND

176. Particular claimable land taken to be transferable land
177. Claimable land recommended for grant taken to be transferable land

PART 13 - DECISION-MAKING PROCESS

178. When agreement of Aboriginal people is given
179. Decision-making by trustee

PART 14 - PROVISIONS ABOUT MORTGAGES OF LEASES OVER ABORIGINAL LAND

Division 1 - Preliminary

180. Definitions for pt 14
181. Application of pt 14

Division 2 - Mortgages of leases over Aboriginal land

182. Provision about entering into possession of, and selling, lease
183. How lessor deals with proceeds of sale

PART 15 - LEASING OF ABORIGINAL TRUST LAND

Division 1 - Preliminary

184. Definitions for pt 15
185. Relationship with Land Act

Division 2 - Leases

186. Trustee (Aboriginal) leases
187. Amending trustee (Aboriginal) lease
188. Mortgage of trustee (Aboriginal) lease
189. Surrender of trustee (Aboriginal) lease

Division 3 - (Repealed)

PART 16 - SPECIAL PROVISIONS ABOUT PRESCRIBED DOGIT LAND AND PRESCRIBED RESERVE LAND

Division 1 - Prescribed DOGIT land

192. Application of div 1
193. Prescribed DOGIT land may be granted under this Act
194. Minister to consult before grant of land
195. Application of general provisions
196. Application of provisions for grant of land

Division 2 - Prescribed reserve land

197. Meaning of prescribed reserve land
198. Application of particular provisions

PART 17 - OCCUPATION AND USE OF ABORIGINAL LAND BY THE STATE OR COMMONWEALTH

199. Use of Aboriginal land preserved
200. No rent payable
201. Access to land

PART 18 - MINING

202. Application of Mineral Resources Act 1989
203. Royalties in relation to mining on Aboriginal land

PART 19 - THE LAND TRIBUNAL

Division 1 - Establishment and membership

204. Land Tribunal
205. Appointment of members
206. Qualifications for appointment
207. Term of appointment
208. Terms and conditions of appointment
209. Preservation of rights
210. Leave of absence
211. Resignation
212. Disclosure of interests
213. Termination of appointment
214. Acting chairperson

Division 2 - Organisation of tribunal

215. Arrangement of business
216. Constitution of tribunal
217. Member presiding
218. Member of tribunal ceasing to be available
219. Sitting places

Division 3 - Conduct of proceedings before tribunal

220. Parties to proceeding before tribunal
221. Tribunal to determine who are interested persons
222. Representation before tribunal
223. Procedure of tribunal
224. Conferences
225. Hearings to be in public except in special circumstances
226. Opportunity to make submissions
227. Particular powers of tribunal
228. Manner in which questions to be decided
229. Power of tribunal to dismiss claim or strike out party
230. Tribunal may order that particular claimable land is transferable land
231. General powers
232. Reasons to be given by tribunal
233. Appeals to Land Appeal Court from decisions of tribunal
234. Reference of questions of law to Land Appeal Court
235. Evidence and other findings in other proceedings
236. Protection of members etc.
237. Continuing authority of member
238. Failure of witness to attend
239. Refusal of witness to be sworn or to answer questions
240. Obstructing tribunal etc.
241. Allowances for witnesses

Division 4 - Miscellaneous

242. Management of administrative affairs of tribunal
243. Staff of tribunal employed under Public Sector Act 2022
244. Consultants to tribunal
245. Annual report
246. Delegation of powers by chairperson

PART 20 - PROVISIONS ABOUT LAND TRUSTS

Division 1 - Preliminary

247. Composition of land trust
248. Nature of land trust
249. Function and powers of land trust
249A. Name of land trust

Division 2 - Appointment, removal and suspension of members of land trusts

Subdivision 1 - Appointment of members

250. Minister may appoint member
250A. Land trust may appoint member

Subdivision 2 - Grounds for removal or suspension of members

251. Grounds for removal or suspension of member

Subdivision 3 - Removal or suspension of members by Minister

252. Show cause notice
253. Representations about show cause notice
254. Ending show cause process without further action
255. Removing or suspending member
255A. Effect of removing member on other land trust membership
256. Immediate suspension of member

Subdivision 4 - Removal or suspension of members by land trust

257. Proposed removal or suspension approved by resolution and show cause notice
257A. Representations about show cause notice
257B. Land trust decisions about removal or suspension of member
257C. Decisions about removal or suspension of member referred to land trust general meeting
257D. Action after decision about removal or suspension of member
257E. Immediate suspension of member
257F. Limitation on land trust’s power about suspension of member

Subdivision 5 - Information about appointment, removal or resignation of members

257G. Information about appointment, removal or resignation of members

Division 3 - Recording information about compliance with Act

258. Particular information to be recorded in register

Division 4 - Land trusts to give information to chief executive

259. Definition for div 4
260. Power to require particular information

Division 5 - Freezing accounts of land trusts

261. Definitions for div 5
262. Freezing land trust’s accounts
263. Financial institution must comply with direction
264. Withdrawal of direction

Division 6 - Miscellaneous

265. Chief executive may prepare model rules
265A. Resolution of executive committee without meeting
266. Provision about vesting of Aboriginal land

PART 21 - APPLICATION OF TRUSTS ACT 1973

Division 1 - Preliminary

267. Application of Trusts Act 1973
268. Functions and powers of land trust under Trusts Act 1973

Division 2 - Powers of Supreme Court

269. Jurisdiction of Supreme Court
270. Power of court to relieve member of land trust from personal liability
271. Court may order beneficiary to indemnify for certain breaches
272. Right of land trust or member to apply to court for directions
273. Court’s jurisdiction to make orders conferring power on land trust or members
274. Protection of land trust or member while acting under direction of court
275. Power of Supreme Court to make orders in absence of member
276. Power of Supreme Court to charge costs on trust property

PART 22 - APPEALS

277. Who may appeal
278. Starting appeal
279. Nature of appeal
280. Notice of appeal
281. Powers of Land Court on appeal

PART 23 - MISCELLANEOUS

282. Creation of interests in transferable and claimable land
283. Rights of access to interests preserved
284. National park subject to lease to State etc.
285. Persons and bodies representing State or Commonwealth
286. Delegation by Minister
287. Amendment of description of land
288. Dealing with particular trust property
289. Register of particular declarations
290. Survey costs etc. to be paid by State
291. Application of Financial Accountability Act 2009
292. Confirmation of status of particular land
293. Approval of forms
294. Regulation-making power

PART 24 - VALIDATION PROVISIONS

295. Existing conservation agreements
296. Existing interest in transferable land
297. Retrospective validation of dealings with trustee (Aboriginal) lease
298. Former Aurukun Shire lease land continues to be transferable land
298A. Validation of creation of particular interests in transferable land

PART 25 - TRANSITIONAL PROVISIONS

Division 1 - (Repealed)

Division 2 - Transitional provisions for Aboriginal and Torres Strait Islander Land Amendment Act 2008

Subdivision 1 - Preliminary

299. Definition for div 2

Subdivision 2 - Transitional provisions

300. Transferred land—change to beneficiaries
301. Interests in Aboriginal land continue

Division 3 - Transitional provisions for Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011

302. Definition for div 3
303. Continued operation of provisions for appointing grantees
304. Continued operation of provisions about land trusts
305. References to previous provisions after renumbering

Division 4 - Transitional provision for Land, Water and Other Legislation Amendment Act 2013

306. Continuation of Mornington Shire subleases

Division 5 - Transitional provisions for Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014

307. Definitions for div 5
308. Provision for existing leases
309. Provision for existing applications

Division 6 - Transitional provision for Natural Resources and Other Legislation Amendment Act 2019

310. Particular things taken to have been declared by Minister

PART 26 - (Expired)
SCHEDULE 1

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