Queensland Consolidated Acts

ABORIGINAL LAND ACT 1991 - SECT 12

12 Aboriginal reserve land

(1) Aboriginal reserve land is land that, at the beginning of the enactment day, is—

(a) reserved and set apart under the Land Act 1962 for an Aboriginal reserve or for the benefit of Aboriginal inhabitants; or

(b) within the external boundaries of an area of such land and—

(i) subject to a lease granted under the Land Holding Act ; or

(ii) the subject of an application under the Land Holding Act , section 5 , that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;

and includes land reserved and set apart under the Land Act 1962 for any other public purpose if the Minister declares the land to be land that was, or is included in land that was, at the beginning of the enactment day, being used as an Aboriginal reserve or for the benefit of Aboriginal people.

(2) Also, Aboriginal reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if—

(a) the land was the subject of an application under the Land Holding Act , section 5 , that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and

(b) a lease under that Act has not been granted for the land.

(3) Further, Aboriginal reserve land includes land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, ceased to be a road.

(4) Aboriginal reserve land does not include land within the external boundaries of land mentioned in subsection (1) (a) if the land has, since the enactment day, become a road.