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TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 187
Creation of interests in transferable land
187 Creation of interests in transferable land
(1) Nothing in this Act prevents the creation of an interest in transferable
land if— (a) the interest is a— (i) mining interest; or
(ii) geothermal
tenure under the Geothermal Energy Act 2010 ; or
(iii) GHG authority under
the Greenhouse Gas Storage Act 2009 ; or
(iv) residential tenancy; or
(v)
lease or permit granted in relation to transferable land that is Torres Strait
Islander trust land; or
(b) the interest is the transfer, mortgage or
sublease of a trustee (Torres Strait Islander) lease; or
(c) for another
interest—the Minister, subject to subsection (2) , consents to the creation
of the interest.
(2) The Minister must not consent under subsection (1) (c)
to the creation of the interest unless the Minister is satisfied that the
creation of the interest is for the benefit of Torres Strait Islanders
particularly concerned with the land.
(3) The Minister may give a
relevant entity a written authority dispensing with the need to obtain the
Minister’s consent to the creation of a particular type of interest in
transferable land if the Minister considers it is appropriate in all the
circumstances to give the authority.
(4) This section has effect despite
anything in any other Act.
(5) In this section—
"relevant entity" means a trustee, under the Land Act, of Torres Strait
Islander trust land.
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