Queensland Consolidated Acts

ABORIGINAL LAND ACT 1991 - SECT 282

282 Creation of interests in transferable and claimable land

(1) Nothing in this Act prevents the creation of an interest in transferable land if—

(a) the interest is a—

(i) mining interest; or

(ii) geothermal tenure under the Geothermal Energy Act 2010 ; or

(iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or

(b) the interest is a residential tenancy; or

(c) the interest is a lease or permit granted in relation to transferable land that is Aboriginal trust land; or

(d) the interest is the transfer, mortgage or sublease of a trustee (Aboriginal) lease; or

(e) for another interest—the Minister, subject to subsection (2) , consents to the creation of the interest.

(2) The Minister must not consent under subsection (1) (e) to the creation of the interest unless the Minister is satisfied that the creation of the interest is for the benefit of Aboriginal people particularly concerned with the land.

(3) The Minister may give a relevant entity a written authority dispensing with the need to obtain the Minister’s consent to the creation of a particular type of interest in transferable land if the Minister considers it is appropriate in all the circumstances to give the authority.

(4) Nothing in this Act prevents the creation of an interest in claimable land that is not transferred land (whether or not a claim has been made under this Act for the land) if—

(a) the interest is a—

(i) mining interest; or

(ii) geothermal tenure under the Geothermal Energy Act 2010 ; or

(iii) GHG authority under the Greenhouse Gas Storage Act 2009 ; or

(b) for another interest—the Minister, subject to subsection (5) , consents to the creation of the interest.

(5) The Minister must not consent under subsection (4) (b) to the creation of the interest unless the Minister is satisfied that—

(a) the creation of the interest is for the benefit of Aboriginal people particularly concerned with the land; or

(b) the interest will cease to have effect before, or if and when, the land becomes Aboriginal land.

(6) This section has effect despite anything in any other Act.

(7) In this section—

"relevant entity" means—

(a) a trustee, under the Land Act , of Aboriginal trust land; or

(b) the Council of the Shire of Aurukun or the Council of the Shire of Mornington.