Queensland Consolidated Acts

TORRES STRAIT ISLANDER LAND ACT 1991

- As at 18 June 2021 
- Act 33 of 1991 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Definitions
   3.      Torres Strait Islanders particularly concerned with land etc.
   4.      Acts binds all persons

   PART 2 - BASIC CONCEPTS

           Division 1 - Torres Strait Islanders and their customs

   5.      Meaning of Torres Strait Islander
   5.21.   (Repealed)
   6.      Meaning of Island custom

           Division 2 - Torres Strait Islander land

   7.      Meaning of Torres Strait Islander land

           Division 3 - Transferable and transferred land

   8.      Meaning of transferable and transferred land
   9.      Lands that are transferable lands
   9.05.   (Repealed)
   9.09.   (Repealed)
   9.11.   (Repealed)
   10.     DOGIT land
   11.     Torres Strait Islander reserve land

           Division 4 - Declarations about particular transferable land

   12.     Definition for div 4
   13.     Particular land may be declared to be not transferable land
   13E.    (Repealed)
   13F.    (Repealed)
   14.     Notice of intention to make declaration
   15.     Minister to consider representations and give notice of decision
   16.     Notice about declarations—trustee
   17.     Notice about declarations—registrar
   18.     Requirements about plans of subdivision for declarations

           Division 5 - Available State land

   19.     Land that is available State land—general
   20.     Agreement about particular land
   21.     Watercourses and lakes
   22.     Tidal land
   23.     Meaning of city or town land
   24.     Meaning of township land
   25.     National parks
   26.     Land that is not available State land
   26A.    (Repealed)
   27.     Torres Strait area

           Division 6 - Application of laws to Torres Strait Islander land

   28.     Application of laws

   PART 2A - PROVIDING FREEHOLD

           Division 1 - Preliminary

   28A.    Overview

           Division 2 - Basic concepts

   28B.    Definitions for pt 2A

           Division 3 - Approval for grant of available land

   28C.    Approval for grant of available land

           Division 4 - Freehold instruments

              Subdivision 1 - Trustee may make freehold instrument

   28D.    Trustee may make freehold instrument
   28E.    Trustee may have only 1 freehold instrument

              Subdivision 2 - Making, amending or repealing freehold instruments

   28F.    Definition for sdiv 2
   28G.    Application of sdiv 2
   28H.    Minister to make and publish guideline
   28l.    Trustee to consult
   28J.    Trustee to give freehold instrument to Minister or local government
   28K.    Local government to follow process in guideline
   28L.    Minister may approve
   28M.    Amending or repealing freehold instrument

              Subdivision 3 - Other provisions about freehold instruments

   28N.    Effect of freehold instrument
   28O.    Relationship with planning scheme

           Division 5 - Allocation process for available land—interest holder

   28P.    Application of div 5
   28Q.    Application for available land
   28R.    Dwelling on available land
   28S.    Decision on application
   28T.    Offer to allocate available land
   28U.    Acceptance and refusal of offer
   28V.    Cooling-off period to apply to acceptance
   28W.    When offer ends
   28X.    Allocation of available land to eligible person

           Division 6 - Allocation process for available land if no interest holder

   28Y.    Application of div 6
   28Z.    Public notice of intention to allocate available land
   28ZA.   Information to be included in allocation notice
   28ZB.   Probity advisor
   28ZC.   Decision on application to participate in allocation process
   28ZD.   Notice of allocation of available land
   28ZE.   How and when trustee may allocate
   28ZF.   Allocation of available land
   28ZG.   Deposits

           Division 7 - Miscellaneous

   28ZH.   Continuation of mortgages and easements
   28ZI.   Cancellation of deeds of grant in trust, reserves etc.

   PART 3 - FORMAL EXPRESSION OF INTEREST ABOUT LAND

   29.     Purpose of pt 3
   30.     Land to which pt 3 applies
   31.     Expression of interest in having land made transferable land
   32.     Chief executive to consider expression of interest
   33.     Consideration of expression of interest does not impose obligation on State

   PART 4 - GRANT OF TRANSFERABLE LAND AS TORRES STRAIT ISLANDER LAND

           Division 1 - Grant of land

   34.     Deeds of grant to be prepared
   35.     Appointment of registered native title body corporate as grantee to hold land for native title holders
   36.     Appointment of grantee to hold land for benefit of Torres Strait Islanders
   37.     Procedure for appointing particular grantee
   37A.    (Repealed)
   37B.    (Repealed)
   37C.    (Repealed)
   37D.    (Repealed)
   37E.    (Repealed)
   37F.    (Repealed)
   37G.    (Repealed)
   37H.    (Repealed)
   37I.    (Repealed)
   37J.    (Repealed)
   37K.    (Repealed)
   37L.    (Repealed)
   37M.    (Repealed)
   37N.    (Repealed)
   37O.    (Repealed)
   37P.    (Repealed)
   37Q.    (Repealed)
   37R.    (Repealed)
   37S.    (Repealed)
   37T.    (Repealed)
   37U.    (Repealed)
   37V.    (Repealed)
   37W.    (Repealed)
   37X.    (Repealed)
   37Y.    (Repealed)
   37Z.    (Repealed)
   37ZA.   (Repealed)
   37ZB.   (Repealed)
   37ZC.   (Repealed)
   37ZD.   (Repealed)
   38.     Minister to act as soon as possible
   39.     Authority to grant fee simple in transferable land
   40.     Deed of grant takes effect on delivery
   41.     Existing interests
   41A.    Existing interests held by local government
   42.     (Repealed)
   43.     Cancellation of deed of grant in trust
   44.     Land Court may resolve difficulties

           Division 2 - Approvals to change how land is held

   45.     Application to hold Torres Strait Islander land for native title holders
   46.     Decision on application
   47.     Notices about decision
   48.     Effect of gazette notice

           Division 3 - Reservations

   49.     Resource reservations under other Acts
   50.     Reservations of forest products and quarry material etc.

   PART 5 - REGISTER OF ENTITIES HOLDING TORRES STRAIT ISLANDER LAND

   51.     Keeping register of entities holding Torres Strait Islander land
   52.     Giving information for register to the chief executive
   53.     Obtaining information in register

   PART 6 - TRANSFER OF TORRES STRAIT ISLANDER LAND BY MINISTER

           Division 1 - Preliminary

   54.     Purpose of pt 6
   55.     Application of pt 6

           Division 2 - Vesting and transfer of land

   56.     Vesting of land in the State
   57.     How land is held by the State
   58.     Minister to transfer land as soon as practicable
   59.     Transfer to registered native title body corporate to hold for native title holders
   60.     Transfer to entity to hold for benefit of Torres Strait Islanders
   61.     Procedure for transferring land
   62.     Effect of gazette notice about transfer

           Division 3 - Notices to registrar

   63.     Notice about land

   PART 7 - GENERAL PROVISIONS FOR DEALING WITH TORRES STRAIT ISLANDER LAND

           Division 1 - Trustee’s power to deal with Torres Strait Islander land

   64.     Power to deal with Torres Strait Islander land
   65.     (Repealed)
   66.     (Repealed)

           Division 2 - Sale or mortgage prohibited

   67.     Prohibition on sale or mortgage of Torres Strait Islander land

           Division 3 - (Repealed)

           Division 4 - Transfer of Torres Strait Islander land by trustee

              Subdivision 1 - Land held by land trust

   70.     Application of sdiv 1
   71.     Transfer of Torres Strait Islander land
   72.     Application for approval to transfer
   73.     Minister’s approval to transfer
   74.     Effect of gazette notice about transfer

              Subdivision 2 - Land held by CATSI corporation

   75.     Application of sdiv 2
   76.     Transfer of Torres Strait Islander land
   77.     Application for approval to transfer
   78.     Minister’s approval to transfer
   79.     Effect of gazette notice about transfer

              Subdivision 3 - Exemption from fees and charges

   80.     Exemption

           Division 5 - Other matters

   81.     Trustee to advise chief executive of change to description of land
   82.     Particular dealings in Torres Strait Islander land void
   83.     Provision about resumption of Torres Strait Islander land etc.

   PART 8 - LEASING OF TORRES STRAIT ISLANDER LAND

           Division 1 - Definitions

   84.     Definitions for pt 8

           Division 2 - Grant of leases for Torres Strait Islander land

   85.     Grant of lease by trustee of Torres Strait Islander land
   86.     Grant of lease by lessee of townsite lease

           Division 3 - Common provisions for part 8 leases

   87.     General conditions of particular leases
   88.     Option to renew particular lease
   89.     Transfer of lease
   90.     Lease etc. to be registered

           Division 4 - Home ownership leases

              Subdivision 1 - Conditions and requirements

   91.     General conditions and requirements
   92.     Additional requirement if dwelling situated on land
   93.     Additional conditions and requirements for social housing dwelling

              Subdivision 2 - Forfeiture

   94.     Grounds for forfeiture
   95.     Referral to Land Court for forfeiture
   96.     Lessor’s options if Land Court decides lease may be forfeited
   97.     Notice and effect of forfeiture
   98.     Extension of term of lease if proposed forfeiture

              Subdivision 3 - Renewal

   99.     Application to renew lease
   100.    Notice of expiry of lease
   101.    Lessor to consider and decide application
   102.    Decision to renew lease
   103.    Lessor may decide not to renew lease
   104.    Notice about decision not to renew lease
   105.    Extension of term of lease if application for renewal

              Subdivision 4 - General matters about forfeiture or non-renewal of home ownership leases

   106.    Right to remove improvements if lease forfeited or not renewed
   107.    Payment by lessor if lease forfeited or not renewed
   108.    Unclaimed amount
   109.    Amount owing to lessor or mortgagee
   110.    Payment of amount to mortgagee in discharge of mortgage

              Subdivision 5 - Miscellaneous

   111.    Exemption from fees and charges
   112.    Beneficiary to home ownership lease

           Division 5 - Townsite leases

              Subdivision 1 - Restriction on grant

   113.    Minister’s consent for grant of townsite lease

              Subdivision 2 - Requirements for Minister’s consent

   114.    General requirements for Minister’s consent

              Subdivision 3 - Provisions about dealing with townsite leases

   115.    Transfer or amendment of townsite lease
   116.    Surrender of townsite lease
   117.    No forfeiture of townsite lease

              Subdivision 4 - Effect of townsite lease on existing interests

   118.    Lessee of townsite lease taken to be lessor of existing leases

           Division 6 - (Repealed)

           Division 7 - (Repealed)

   PART 9 - DECISION-MAKING PROCESS

   134.    When agreement of Torres Strait Islanders is given
   135.    Decision-making by trustee

   PART 10 - PROVISIONS ABOUT MORTGAGES OF LEASES OVER TORRES STRAIT ISLANDER LAND

           Division 1 - Preliminary

   136.    Definitions for pt 10
   137.    Application of pt 10

           Division 2 - Mortgages of leases over Torres Strait Islander land

   138.    Provisions about entering into possession, and selling, lease
   139.    How lessor deals with proceeds of sale

   PART 11 - LEASING OF TORRES STRAIT ISLANDER TRUST LAND

           Division 1 - Preliminary

   140.    Definitions for pt 11
   141.    Relationship with Land Act

           Division 2 - Leases

   142.    Trustee (Torres Strait Islander) leases
   143.    Amending trustee (Torres Strait Islander) lease
   144.    Mortgage of trustee (Torres Strait Islander) lease
   145.    Surrender of trustee (Torres Strait Islander) lease

           Division 3 - (Repealed)

   PART 12 - OCCUPATION AND USE OF TORRES STRAIT ISLANDER LAND BY THE STATE OR COMMONWEALTH

   148.    Use of Torres Strait Islander land preserved
   149.    No rent payable
   150.    Access to land

   PART 13 - MINING

   151.    Application of Mineral Resources Act 1989
   152.    Royalties in relation to mining on Torres Strait Islander land

   PART 14 - PROVISIONS ABOUT LAND TRUSTS

           Division 1 - Preliminary

   153.    Composition of land trust
   154.    Nature of land trust
   155.    Function and powers of land trust
   155A.   Name of land trust

           Division 2 - Appointment, removal and suspension of members of land trusts

              Subdivision 1 - Appointment of members

   156.    Minister may appoint member
   156A.   Land trust may appoint member

              Subdivision 2 - Grounds for removal or suspension of members

   157.    Grounds for removal or suspension of member

              Subdivision 3 - Removal or suspension of members by Minister

   158.    Show cause notice
   159.    Representations about show cause notice
   160.    Ending show cause process without further action
   161.    Removing or suspending member
   161A.   Effect of removing member on other land trust membership
   162.    Immediate suspension of member

              Subdivision 4 - Removal or suspension of members by land trust

   163.    Proposed removal or suspension approved by resolution and show cause notice
   163A.   Representations about show cause notice
   163B.   Land trust decisions about removal or suspension of member
   163C.   Decisions about removal or suspension of member referred to land trust general meeting
   163D.   Action after decision about removal or suspension of member
   163E.   Immediate suspension of member
   163F.   Limitation on land trust’s power about suspension of member

              Subdivision 5 - Information about appointment, removal or resignation of members

   163G.   Information about appointment, removal or resignation of members

           Division 3 - Recording information about compliance with Act

   164.    Particular information to be recorded in register

           Division 4 - Land trusts to give information to chief executive

   165.    Definition for div 4
   166.    Power to require particular information

           Division 5 - Freezing accounts of land trust

   167.    Definitions for div 5
   168.    Freezing land trust’s accounts
   169.    Financial institution must comply with direction
   170.    Withdrawal of direction

           Division 6 - Miscellaneous

   171.    Chief executive may prepare model rules
   171A.   Resolution of executive committee without meeting
   172.    Provision about vesting of Torres Strait Islander land

   PART 15 - APPLICATION OF TRUSTS ACT 1973

           Division 1 - Preliminary

   173.    Application of Trusts Act 1973

           Division 2 - Powers of Supreme Court

   174.    Jurisdiction of Supreme Court
   175.    Power of court to relieve member of land trust from personal liability
   176.    Court may order beneficiary to indemnify for certain breaches
   177.    Right of land trust or member to apply to court for directions
   178.    Court’s jurisdiction to make orders conferring power on land trust or members
   179.    Protection of land trust or member while acting under direction of court
   180.    Power of Supreme Court to make orders in absence of member
   181.    Power of Supreme Court to charge costs on trust property

   PART 16 - APPEALS

   182.    Who may appeal
   183.    Starting appeal
   184.    Nature of appeal
   185.    Notice of appeal
   186.    Powers of Land Court on appeal

   PART 17 - MISCELLANEOUS

   187.    Creation of interests in transferable land
   188.    Rights of access to interests preserved
   189.    Persons and bodies representing State or Commonwealth
   190.    Delegation by Minister
   191.    Amendment of description of land
   192.    Dealing with particular trust property
   193.    Register of particular declarations
   194.    Survey costs etc. to be paid by State
   195.    Application of Financial Accountability Act 2009
   196.    Approval of forms
   197.    Regulation-making power

   PART 18 - VALIDATION PROVISION

   198.    Retrospective validation of dealings with trustee (Torres Strait Islander) lease

   PART 19 - TRANSITIONAL PROVISIONS

           Division 1 - (Repealed)

           Division 2 - Transitional provision for Aboriginal and Torres Strait Islander Land Amendment Act 2008

   200.    Interests in Torres Strait Islander land continue

           Division 3 - Transitional provisions for Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011

   201.    Definitions for div 3
   202.    Torres Strait Islander land—change to beneficiaries
   203.    Continued operation of provisions for appointing grantees
   204.    References to previous provisions after renumbering

           Division 4 - Transitional provisions for Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014

   205.    Definitions for div 4
   206.    Provision for existing leases
   207.    Provision for existing applications

           Division 5 - Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019

   208.    Particular things taken to have been declared by Minister

   PART 20 - (Repealed)
           SCHEDULE 1