Queensland Consolidated Acts

TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 38

38 Minister to act as soon as possible

(1) The Minister must, as soon as practicable after the commencement of sections 34 and 36 , give all necessary directions under section 34 , and make all necessary appointments under section 35 or 36 , in relation to land that is transferable land on the enactment day.

(2) If, under section 9 (1) (c) or 11 , land becomes transferable land after the enactment day, the Minister must, as soon as practicable after the land becomes transferable land, give all necessary directions under section 34 , and make all necessary appointments under section 35 or 36 , in relation to the land.

(3) However, the Minister need not act as mentioned in subsections (1) and (2) in relation to land until the Minister is reasonably satisfied—

(a) arrangements are in place to ensure—

(i) the Commonwealth and the State can continue to provide services to communities on the land after it is granted; and

(ii) the local government for the area in which the land is situated can continue to provide local government services to communities on the land after it is granted; and

Example of an arrangement for paragraph (a)—

a lease

(b) if the land is proposed to be granted to an entity other than a registered native title body corporate, arrangements that the Minister considers necessary—

(i) to support use of the land by Torres Strait Islanders particularly concerned with it; and

(ii) to ensure appropriate services, including, for example, social housing, public works and community infrastructure, can be provided for communities on the land;

are in place to deal with matters relevant to the use of the land after it is granted; and

Example of an arrangement for paragraph (b)—

an ILUA

(c) if the land is or includes township land, arrangements are in place to provide for—

(i) the township land to continue to be used as township land; and

(ii) residents of the township land to continue to live on and access the land, and obtain tenure over the land under this Act.

Examples of an arrangement for paragraph (c)—

an ILUA, a townsite lease or another lease

(4) In this section—

"local government services" includes any services a local government might ordinarily provide for the community in its local government area.