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TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 28B
Definitions for pt 2A
In this part—
"allocation method" , for available land, means—
(a) the auction, ballot or
tender to be used to allocate the available land; and
(b) the conditions of
the auction, ballot or tender.
"allocation notice" see section 28Z (1) (a) .
"allocation process" , for available land, means— (a) if there is an
interest holder for the available land—the process stated in division 5 ; or
(b) otherwise—the process stated in division 6 .
"appeal period" , for available land, means the period starting on the day a
person receives an information notice in relation to the available land and
ending— (a) if no notice of appeal is filed in relation to the
available land—on the last day for making an appeal; or
(b) if a notice of
appeal is filed in relation to the available land—when the appeal is finally
decided.
"available land" see section 28D (3) .
"closing day" for division 6 , see section 28ZA (1) (d) .
"eligibility criteria" see section 28D (6) (a) .
"eligible person" , for available land, means a person who meets the
eligibility criteria for the land and is— (a) a Torres Strait Islander or
Aboriginal person; or
(b) the spouse or former spouse of— (i) a person
mentioned in paragraph (a) ; or
(ii) a Torres Strait Islander or Aboriginal
person who is deceased.
"freehold instrument" means a freehold schedule and the freehold policy for
the freehold schedule.
"freehold option land" means land in an indigenous local government’s area
if— (a) any of the following entities are the trustee of the land— (i) an
indigenous local government;
(ii) a land trust;
(iii) another entity holding
the land under this Act; and
(b) the land is in an urban area.
"freehold policy" , for a freehold schedule, see section 28D (5) .
"freehold schedule" — (a) means a schedule made as mentioned in section 28D
(1) by the trustee of freehold option land; and
(b) includes a
model freehold schedule.
"indigenous local government" see the Local Government Act 2009 , schedule 4 .
"interest holder" , for available land, means a person who holds any of the
following interests in the land— (a) a registered lease granted under this
Act or the Land Act, other than a townsite lease;
(b) a lease entitlement
under the new Land Holding Act;
(c) a 1985 Act granted lease or a new Act
granted lease under the new Land Holding Act;
(d) a registered sublease,
including a registered sublease of a townsite lease;
(e) a residential
tenancy agreement for a social housing dwelling situated on the
available land;
(f) a right to occupy or use the available land under
section 148 .
"model freehold instrument" , for division 4 , subdivision 2 , see section 28F
.
"model freehold schedule" see section 28D (4) .
"native title holder" has the same meaning as it has in the Commonwealth
Native Title Act.
"offer" means an offer to an eligible person by a trustee to allocate
available land to the person under section 28T .
"planning scheme" means a planning scheme under the Planning Act 2016 .
"probity advisor" see section 28ZB (1) .
"urban area" means an area identified as an area intended for either
urban purposes or future urban purposes on a map in a planning scheme used to
show zones.
"urban purposes" means purposes for which land is used in cities or towns,
including residential, industrial, sporting, recreation and commercial
purposes.
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