Queensland Consolidated Acts

LAND ACT 1994 - SECT 373ZJ

373ZJ Continuation of interest

(1) Subsection (2) applies if—

(a) an indigenous cultural interest is removed from the leasehold land register because a lease ends; and

(b) immediately before the lease ends, the lease land was subject to the interest.

(2) The relevant Minister for the land after the lease ends may give written approval for the interest to continue unless the land is freehold land.

(3) If an indigenous cultural interest is continued under subsection (2) —

(a) the continuation must be recorded in the appropriate register; and

(b) for this Act—

(i) the State is taken to be a party to the approved agreement for the indigenous cultural interest in place of the lessee; and

(ii) the rights and responsibilities of the lessee under the approved agreement become the rights and responsibilities of the State; and

(c) this division continues to apply to the interest with necessary changes.

(4) In this section—

"relevant Minister" , for land, means—

(a) if the land is within a State forest, timber reserve or forest entitlement area—the Minister administering the Forestry Act 1959 ; or

(b) if the land is within a nature conservation area or specified national park—the Minister administering the Nature Conservation Act 1992 ; or

(c) if the land is unallocated State land, trust land or licence land—the Minister.

"specified national park" means the following under the Nature Conservation Act 1992 —

(a) a national park (Aboriginal land);

(b) a national park (Torres Strait Islander land);

(c) a national park (Cape York Peninsula Aboriginal land);

(d) an indigenous joint management area.