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ABORIGINAL LAND ACT 1991 - SCHEDULE 1
SCHEDULE 1 – Dictionary
"Aboriginal council" ...
"Aboriginal land" see section 8 .
"Aboriginal land claim association" ...
"Aboriginal land holding entity register" see section 84 (1) .
"Aboriginal lease" ...
"Aboriginal (non-transferred land) lease" ...
"Aboriginal people" see section 5 .
"Aboriginal reserve land" see section 12 .
"Aboriginal tradition" see section 7 .
"Aboriginal (transferred land) lease" ...
"Aboriginal trust land" see section 184 .
"Aborigine" see section 6 .
"accepted representations" see section 253 (2) .
"account" , for part 20 , division 5 , see section 261 .
"Acquisition Act" means the Acquisition of Land Act 1967 .
"allocation method" , for available land, for part 2A , see section 32B .
"allocation notice" , for part 2A , see section 32Z (1) (a) .
"allocation process" , for available land, for part 2A , see section 32B .
"ancestor" includes an ancestor under Aboriginal tradition.
"appeal period" , for available land, for part 2A , see section 32B .
"appropriate register" means—
(a) for freehold land—the freehold land
register; or
(b) for other land—the appropriate register for the land under
the Land Act .
"approved form" means a form approved under section 293 .
"associated reserve" means land— (a) dedicated as a reserve under the Land
Act for travelling stock requirements or watering-places; or
(b) reserved and
set apart under the Land Act 1962 for works for obtaining, conserving,
distributing or utilising water.
"Aurukun Shire lease land" ...
"available Crown land" ...
"available land" see section 32D (3) .
"available State land" means land that is available State land under
section 24 .
"available State land agreement" see section 25 (1) .
"bed and banks" ...
"Cape York Peninsula Region" means the Cape York Peninsula Region under the
Cape York Peninsula Heritage Act 2007 .
"CATSI corporation" means a corporation registered under the
Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) .
"city or town land" see section 28 .
"claimable land" see section 22 .
"closing day" , for part 2A , division 6 , see section 32ZA (1) (d) .
"coast" ...
"Commonwealth Native Title Act" means the Native Title Act 1993 (Cwlth) .
"constructing authority" means a constructing authority under the Acquisition
Act .
"Crown" ...
"decision-maker" , for part 22 , means— (a) for a decision mentioned in
section 277 (1) or (5) —the Minister; or
(b) for a decision mentioned in
section 277 (2) —the trustee of the available land to which the decision
relates; or
(c) for a decision mentioned in section 277 (3) or (4) about
forfeiture or non-renewal of a lease—the lessor of the lease land.
"descendant" includes a descendant under Aboriginal tradition.
"director" ...
"DOGIT land" see section 11 .
"eligibility criteria" , for part 2A , see section 32D (6) (a) .
"eligible person" , for available land, for part 2A , see section 32B .
"enactment day" means the day on which this Act receives the Royal Assent.
"environment Minister" means the Minister administering the
Nature Conservation Act 1992 .
"excluded land" means any of the following— (a) land inside the Torres
Strait area;
(b) city or town land or township land;
(c) a reserve under the
Land Act ;
(d) land that is set apart and declared as a State forest or
timber reserve under the Forestry Act 1959 ;
(e) a road;
(f) a stock route;
(g) land subject to a special mining Act;
(h) land that has become
unallocated State land, if a person has a right, other than under this Act,
against the State to the grant of an interest in that land.
"executive committee" , of a land trust, means the committee of the land
trust— (a) primarily responsible for the management of the land trust; and
(b) consisting of the following— (i) the chairperson of the land trust;
(ii) the deputy chairperson and secretary, if any, of the land trust;
(iii)
the persons holding another executive office of the land trust.
"expression of interest" see section 35 (1) .
"forest products" means all vegetable growth and material of vegetable origin
(whether living or dead and whether standing or fallen).
"freehold instrument" see section 32B .
"freehold option land" see section 32B .
"freehold policy" , for a freehold schedule, for part 2A , see section 32D (5)
.
"freehold schedule" , for part 2A , see section 32B .
"general meeting" , of a land trust, means an annual general meeting or
special general meeting of the trust.
"granted land" see section 22 .
"group" includes a community.
"group of Aboriginal people" includes— (a) the descendants of the group; and
(b) if there is only 1 surviving member of a group of Aboriginal people—that
person.
"holder" , for part 20 , division 5 , see section 261 .
"home ownership lease" see sections 120 (2) and 121 (2) .
"housing chief executive" means the chief executive of the department in which
the Housing Act 2003 is administered.
"ILUA" means an indigenous land use agreement noted in the ILUA register.
"ILUA register" means the Register of Indigenous Land Use Agreements under the
Commonwealth Native Title Act , section 253 .
"improvements" see the Land Act , schedule 6 .
"indigenous joint management area" means an area declared under the
Nature Conservation Act 1992 as an indigenous joint management area.
"indigenous local government" , for part 2A , see section 32B .
"indigenous management agreement" , about the management of land, means an
agreement complying with the requirements of section 170 in relation to the
land.
"information" , for part 20 , division 4 , see section 259 .
"information notice" , about a decision, means a notice stating all of the
following— (a) the decision;
(b) the reasons for the decision;
(c) that
the person to whom the notice is given may appeal to the Land Court against
the decision within 28 days after receiving the notice;
(d) how the person
may appeal.
"interest" , in relation to land, means— (a) a legal or equitable estate or
interest in the land; or
(b) a right, power or privilege over, or in relation
to, the land;
and includes— (c) a permit or licence issued in relation to
the land; and
(d) a mining interest; and
(e) a geothermal tenure under the
Geothermal Energy Act 2010 ; and
(f) a GHG authority under the
Greenhouse Gas Storage Act 2009 .
"interested person" , in relation to a claim under this Act for claimable
land, means a person whose interests (whether pecuniary or otherwise) could be
affected by the grant of the land as Aboriginal land because of the claim.
"interest holder" , for available land, for part 2A , see section 32B .
"lake" see the Water Act 2000 , schedule 4 .
"land" ...
"Land Act" means the Land Act 1994 .
"land claims registrar" ...
"Land Holding Act" means the Aborigines and Torres Strait Islanders (Land
Holding) Act 1985 .
"Land Title Act" means the Land Title Act 1994 .
"Land Tribunal" means the Land Tribunal established for the purposes of this
Act.
"land trust" means— (a) an entity— (i) formed through the incorporation,
under the repealed regulation, of persons as a land trust; and
(ii) either
established under section 304 or in existence immediately before the
commencement of the Aboriginal Land and Torres Strait Islander Land and Other
Legislation Amendment Act 2011 , part 3 ; or
(b) an entity taken to be
incorporated as a land trust under section 303 .
"lease" — (a) generally, does not include a residential tenancy agreement;
and
(b) for part 14 , see section 180 .
"lease land" , for a provision about a lease or proposed lease, means the land
subject to the lease or proposed lease.
"lessee" , for part 10 , see section 119 .
"lessor" — (a) for part 10 , see section 119 ; or
(b) for part 14 , see
section 180 .
"management plan" ...
"maximum amount" see section 142 (2) .
"member" , of a land trust, means each person who, for the time being, is a
member of the land trust, including, for example— (a) an initial grantee of
Aboriginal land held by the land trust; and
(b) another person appointed by
the Minister as trustee of the Aboriginal land held by the land trust; and
(c) a person appointed by the Minister or the land trust as a member of the
land trust.
"mineral" see the Mineral Resources Act 1989 , section 6 .
"mining interest" means a lease, claim or other interest in, or a permit,
licence or other right in relation to, land that is granted under— (a) the
Mineral Resources Act 1989 , the Petroleum Act 1923 or the
Petroleum and Gas (Production and Safety) Act 2004 ; or
(b) another Act
relating to mining for minerals, petroleum or natural gas.
"model freehold instrument" , for part 2A , division 4 , subdivision 2 , see
section 32F .
"model freehold schedule" , for part 2A , see section 32D (4) .
"Moreton Island" see the Nature Conservation Act 1992 , schedule.
"Mornington Island Shire lease land" ...
"Mornington Shire lease land" ...
"National Native Title Register" means the National Native Title Register
established and maintained under the Commonwealth Native Title Act , part 8 .
"national park" means an area dedicated under the Nature Conservation Act 1992
as a national park.
"national park (Cape York Peninsula Aboriginal land)" means an area dedicated
under the Nature Conservation Act 1992 as a national park (Cape York Peninsula
Aboriginal land).
"native title determination" , in relation to land, means a determination
under the Commonwealth Native Title Act that native title exists in relation
to all or a part of the land.
"native title holder" — (a) for part 2A , see section 32B ; or
(b)
otherwise—in relation to land held, or to be held, by a registered native
title body corporate, means— (i) if the registered native title body
corporate holds the native title in relation to the land, or part of the land,
on trust—the persons on whose behalf the registered native title body
corporate holds the native title; or
(ii) if subparagraph (i) does not
apply—the persons who hold the native title in relation to the land or part
of the land.
"native title interests" ...
"natural gas" see the Petroleum Act 1923 , section 2 .
"new Land Holding Act" means the
Aboriginal and Torres Strait Islander Land Holding Act 2013 .
"non-presiding member" , in relation to the Land Tribunal, means a member of
the tribunal other than the chairperson or a deputy chairperson.
"North Stradbroke Island Region" see the
North Stradbroke Island Protection and Sustainability Act 2011 , section 5 .
"notice" means a written notice.
"offer" , for part 2A , see section 32B .
"part 10 lease" see section 119 .
"petroleum" means petroleum under the
Petroleum and Gas (Production and Safety) Act 2004 .
"planning scheme" , for part 2A , see section 32B .
"prescribed DOGIT land" means land comprised in any of the following deeds of
grant in trust held for the benefit of Islander inhabitants— (a) deed of
grant in trust (title reference 21328057) for Bamaga;
(b) deed of grant in
trust (title reference 21296131) for Hammond Island;
(c) deed of grant in
trust (title reference 21352022) for Seisia.
"prescribed reserve land" see section 197 .
"presiding member" , in relation to the Land Tribunal, means the chairperson
or a deputy chairperson of the tribunal.
"previous" , for part 25 , division 3 , see section 302 .
"probity advisor" , for part 2A , see section 32ZB (1) .
"proposed action" — (a) for a provision about action to be taken by the
Minister under part 20 , division 2 , subdivision 3 , see section 252 (3) (a)
; or
(b) for a provision about action to be taken by a land trust under part
20 , division 2 , subdivision 4 , see section 257 (1) .
"public infrastructure" means infrastructure that is operated for the general
public.
"qualified" , for a CATSI corporation that holds, or is proposed to hold,
Aboriginal land under this Act, means— (a) membership of the CATSI
corporation is restricted to Aboriginal people particularly concerned with the
land; or
(b) the CATSI corporation is a trustee of a trust the beneficiaries
of which are restricted to Aboriginal people particularly concerned with the
land.
"quarry material" see the Forestry Act 1959 , schedule 3 .
"reasonably considers" means considers on grounds that are reasonable in the
circumstances.
"reasonably satisfied" means satisfied on grounds that are reasonable in the
circumstances.
"registered" means registered under the Land Act or the Land Title Act .
"registered native title body corporate" means a prescribed body corporate
under the Commonwealth Native Title Act whose name and address are registered
on the National Native Title Register under section 193 (2) (e) or (4) of that
Act.
"registrar" means the registrar of titles under the Land Title Act.
"registrar of titles" ...
"relevant land" , for part 2 , division 4 , see section 15 .
"repealed regulation" means the repealed Aboriginal Land Regulation 1991 .
"required amount" see section 142 (1) .
"residential lease" ...
"residential tenancy" means a residential tenancy under the
Residential Tenancies and Rooming Accommodation Act 2008 .
"residential tenancy agreement" means a residential tenancy agreement under
the Residential Tenancies and Rooming Accommodation Act 2008 .
"responsibilities" , in relation to land, include— (a) responsibilities
under Aboriginal tradition for the land, including, for example,
responsibilities for areas that are of particular significance under
Aboriginal tradition; and
(b) responsibilities for the land that may affect
neighbouring land, including, for example, responsibilities in relation to
fire and vermin control.
"road" means a surveyed or unsurveyed road that is, under an Act, dedicated,
notified or declared to be a road for public use.
"sea" includes waters within the ebb and flow of the tide.
"show cause notice" — (a) for a notice given by the Minister, see
section 252 (2) ; or
(b) for a notice given by a land trust, see section 257
(3) .
"show cause period" — (a) for a provision about a show cause notice given by
the Minister, see section 252 (3) (e) ; or
(b) for a provision about a show
cause notice given by a land trust, see section 257 (4) (f) .
"social housing" means housing that— (a) is being used to provide subsidised
housing for residential use; or
(b) has been used to provide subsidised
housing for residential use and for which an amount, payable under either of
the following sections for the dwelling, has not been paid to the trustee—
(i) section 128 ;
(ii) section 143 as in force before the commencement of the
Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other
Legislation Amendment Act 2014 , section 12 .
"social housing dwelling" means a dwelling the housing chief executive
reasonably considers to be social housing.
"special mining Act" means— (a) Alcan Queensland Pty. Limited Agreement Act
1965 ; or
(b) Central Queensland Coal Associates Agreement Act 1968 ; or
(c)
Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ; or
(d)
Mount Isa Mines Limited Agreement Act 1985 ; or
(e)
Queensland Nickel Agreement Act 1970 ; or
(f) Thiess Peabody Coal Pty. Ltd.
Agreement Act 1962 ; or
(g) Thiess Peabody Mitsui Coal Pty. Ltd. Agreements
Act 1965 .
"standard lease" ...
"stock route" see the Land Act , schedule 6 .
"tidal land" means land that is ordinarily covered and uncovered by the flow
and ebb of the tide at spring tides.
"Torres Strait area" means the Torres Strait area under the
Torres Strait Islander Land Act 1991 .
"Torres Strait Islander" means a person who is a descendant of an indigenous
inhabitant of the Torres Strait Islands.
"Torres Strait Islander particularly concerned with the land" , for land that
is or was prescribed DOGIT land, means a Torres Strait Islander who lives on
the land.
"Torres Strait Islanders" ...
"township land" means land declared under section 29 to be township land.
"townsite lease" see section 120 (3) .
"townsite sublease" ...
"transferable land" see section 9 .
"transferee" — (a) for part 9 , division 4 , subdivision 1 , see section 104
(1) ; and
(b) for part 9 , division 4 , subdivision 2 , see section 109 (1) .
"transferor" — (a) for part 9 , division 4 , subdivision 1 , see section 104
(1) ; and
(b) for part 9 , division 4 , subdivision 2 , see section 109 (1) .
"transferred land" see section 9 .
"tribunal" means the Land Tribunal.
"trustee" , in relation to land, is the entity that— (a) holds, as trustee,
the land under this Act; or
(b) is the trustee of the land under the Land Act
.
"trustee (Aboriginal) lease" see section 184 .
"trust money" , for part 20 , division 5 , see section 261 .
"trust property" , in relation to a land trust or a member of a land trust,
includes— (a) income derived from Aboriginal land held by the land trust;
and
(b) amounts paid to the land trust in relation to— (i) the grant of an
interest in the land; or
(ii) the creation of a mining interest in the land;
or
(iii) an agreement entered into in relation to the land; and
(c) amounts
paid by any person or governmental authority, or any other property, that is
received or acquired by the land trust or for the land trust by a member of
the land trust.
"unallocated State land" means unallocated State land under the Land Act .
"urban area" , for part 2A , see section 32B .
"urban purposes" , for part 2A , see section 32B .
"watercourse" means a watercourse under the Water Act 2000 .
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