Queensland Consolidated Acts

ABORIGINAL LAND ACT 1991 - SECT 104

104 Transfer of Aboriginal land

(1) The trustee of the Aboriginal land (the
"transferor" ) may transfer all or a part of the land only—

(a) with the Minister’s written approval; and

(b) if the trustee is a land trust—to a following entity (the
"transferee" )—

(i) another land trust;

(ii) a CATSI corporation that is qualified to hold the land;

(iii) Aurukun Shire Council;

(iv) Mornington Shire Council; and

(c) if the trustee is Aurukun Shire Council or Mornington Shire Council—to a CATSI corporation that is qualified to hold the land (also the
"transferee" ).

(2) If a trustee transfers land under this subdivision—

(a) all improvements on the land must be transferred with the land; and

(b) for a transferee that is a registered native title body corporate—the transferee holds the land for—

(i) the native title holders of the land if the transferor and the transferee agree it is to be held for the native title holders; or

(ii) the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land and subparagraph (i) does not apply to the transfer; or

(iii) the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land and subparagraph (i) does not apply to the transfer; and

(c) for a transferee that is not a registered native title body corporate—the transferee holds the land for—

(i) the benefit of the Aboriginal people particularly concerned with the land and their ancestors and descendants if the land is transferred land; or

(ii) the benefit of the group of Aboriginal people and their ancestors and descendants if the land is granted land; and

(d) if the trustee is a land trust and all the Aboriginal land held by the trustee is transferred to the transferee—

(i) the land trust for the land that is transferred is dissolved; and

(ii) all the assets and liabilities of the trustee become the assets and liabilities of the transferee; and

(e) if the trustee is a land trust and paragraph (d) does not apply—the assets and liabilities of the trustee mentioned in section 106 (1) (a) (ii) become the assets and liabilities of the transferee.