Queensland Consolidated Acts

TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 135

135 Decision-making by trustee

(1) This section applies if this Act provides that the trustee of Torres Strait Islander land is required to make a decision about the land, including, for example, a decision about any of the following—

(a) the way in which the trustee will consult about the making of a freehold instrument for the land;

(b) whether to grant an interest in the land;

(c) whether to consent to the creation of a mining interest in the land;

(d) whether to enter into an agreement about the land.

(2) The trustee must—

(a) have regard to—

(i) if the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or

(ii) if subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or

(b) if there is no decision-making process mentioned in paragraph (a) (i) or relevant Island custom—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind.