Queensland Consolidated Acts

TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 148

148 Use of Torres Strait Islander land preserved

(1) If, on the day land becomes Torres Strait Islander land, the land or any part of the land is being occupied or used by the State or the Commonwealth, the State or Commonwealth is entitled to continue to occupy or use it for such period as the land, or that part of the land, is required by the State or Commonwealth.

(2) While the State or Commonwealth is entitled to the occupation or use of land under subsection (1) , the improvements on the land are the property of the State or Commonwealth.

(3) If the chief executive becomes aware the occupation or use of land under subsection (1) is no longer required by the State or Commonwealth, the chief executive must give the trustee of the land notice of that fact.

(4) Despite subsection (1) , if the State or Commonwealth intends to continue to occupy or use the land, the State or Commonwealth and the trustee of the land are to use their best endeavours to provide for the continued occupation and use of the land under an interest in, or in relation to, the land given by the trustee of the land.

(5) Subsection (1) ceases to apply to land if—

(a) it is subject to a home ownership lease; or

(b) the State or Commonwealth has a right to occupy or use the land under an interest in, or in relation to, the land given by the trustee of the land; or

(c) the trustee of the land receives a notice under subsection (3) for the land.

(6) Subsection (7) applies if the Torres Strait Islander land being occupied or used by the State or the Commonwealth is land that is the subject of a townsite lease.

(7) Subsections (3) to (5) apply as if a reference to the trustee of the land were a reference to the lessee of the townsite lease.

(8) For subsection (1) but without otherwise limiting the subsection, land is being occupied or used by the State or Commonwealth if, immediately before becoming Torres Strait Islander land, it was a reserve under the Land Act and the State or Commonwealth was the trustee of the reserve.