Queensland Consolidated Acts

ABORIGINAL LAND ACT 1991 - SECT 82

82 Reservations of forest products and quarry material etc.

(1) A deed of grant of granted land that was transferred land may contain a reservation to the State of forest products or quarry material above, on or below the surface of the land only if the Minister declares that—

(a) the forest products or quarry material is of vital State interest; and

(b) the rights in the forest products or quarry material are reserved to the State.

(2) A deed of grant of granted land that was not transferred land must contain a reservation to the State of—

(a) all forest products; and

(b) all quarry material;

above, on and below the surface of the land.

(3) Despite subsection (1) , a permit, lease, licence, agreement or contract granted or made under the Forestry Act 1959 , before the day on which transferred land became granted land, in relation to the getting and selling of forest products or quarry material above, on or below the surface of the land, continues in force as if this section had not been enacted.

(4) If a deed of grant of granted land that was transferred land does not contain a reservation of particular forest products or quarry material above, on or below the land, the Minister may declare that—

(a) the forest products or quarry material is of vital State interest; and

(b) the rights in the forest products or quarry material are acquired by the State.

(5) If the Minister makes a declaration under subsection (1) or (4) , the trustee of the land is entitled to be paid by the State such reasonable compensation because of the reservation or acquisition as is agreed on between the State and the trustee or, failing agreement, as is determined by the Land Court.