Queensland Consolidated Acts

TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 59

59 Transfer to registered native title body corporate to hold for native title holders

(1) This section applies if—

(a) under the Commonwealth Native Title Act, a determination has been made that native title exists in relation to all or a part of the land; and

(b) there is a registered native title body corporate for the determination.

(2) The Minister may, with the consent of the registered native title body corporate, transfer the land to it.

(3) If the Minister transfers the land under this section to a registered native title body corporate, the body corporate holds the land for the native title holders of the land the subject of the determination mentioned in subsection (1) (a) .

(4) In considering whether to transfer the land to a registered native title body corporate, the Minister may have regard to any matter the Minister considers relevant to the proposed transfer, including, for example—

(a) whether any Torres Strait Islanders particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed transfer; and

(b) if the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.