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TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 28C
Approval for grant of available land
(1) The trustee of freehold option land may apply to the chief executive, in
the approved form, for available land to be granted in fee simple under the
Land Act to the eligible person who has been allocated the available land
under this part.
(2) The trustee may make the application only if— (a)
there is a freehold instrument for the available land; and
(b) the trustee
has followed the allocation process for the available land.
(3) Information
in the application must, if the approved form requires, be verified by a
statutory declaration.
(4) In deciding the application, the chief
executive— (a) must be reasonably satisfied— (i) agreements or
arrangements appropriate to granting the available land as freehold have been
entered into or are in place, including, for example, in relation to the
following— (A) native title;
(B) any social housing dwelling on the
available land;
(C) road access to the available land; and
(ii) there is a
lot on plan description for the available land; and
(iii) if the
available land is allocated under section 28ZF —a probity advisor has
certified the probity of the allocation process for the available land; and
(b) may consider any other matter the chief executive reasonably considers
relevant.
(5) If the chief executive approves the application, the Governor
in Council may grant the land in fee simple under the Land Act. Note— See
the Land Act, section 14 .
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