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TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 178
Court’s jurisdiction to make orders conferring power on land trust or members
178 Court’s jurisdiction to make orders conferring power on land trust or
members
(1) This section applies if, in the Supreme Court’s opinion, a disposition
or transaction— (a) is expedient for the management or administration of
trust property by a land trust or members of a land trust; or
(b) would be in
the best interest of the Torres Strait Islanders, or a majority of the Torres
Strait Islanders, for whose benefit the property is held;
but— (c) it is
inexpedient, difficult or impractical to effect the disposition or transaction
without the assistance of the Supreme Court; or
(d) the land trust or members
do not have power under the Act to effect the disposition or transaction.
(2)
The Supreme Court may— (a) confer on the land trust or members the necessary
power for the purpose of effecting the disposition or transaction (other than
a power to sell or mortgage Torres Strait Islander land), on such terms and
subject to any conditions, as the court considers appropriate; and
(b) direct
the way that— (i) any amount authorised to be spent, and the costs of the
disposition or transaction, are to be paid or borne from trust property; and
(ii) the amount is to be apportioned between the capital and income of the
trust property.
(3) The Supreme Court may— (a) rescind or vary an order
under this section; or
(b) make a new or further order.
(4) The rescission
or variation of an order does not affect anything done by a person relying on
the order before the person became aware of the application to the court to
rescind or vary the order.
(5) An application to the court under this section
may be made by— (a) a land trust; or
(b) a member of a land trust; or
(c)
a person for whose benefit the trust property is held.
(6) In this section—
"disposition" means a sale, lease, mortgage, surrender, release or another
type of disposition.
"transaction" means a purchase, investment, acquisition, retention,
expenditure or another type of transaction.
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