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TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 60
Transfer to entity to hold for benefit of Torres Strait Islanders
60 Transfer to entity to hold for benefit of Torres Strait Islanders
(1) This section applies if the Minister does not transfer the land under
section 59 to a registered native title body corporate.
(2) The Minister may
transfer the land to— (a) a CATSI corporation that is qualified to hold the
land; or
(b) a land trust.
(3) However, the Minister may transfer the land
to a CATSI corporation that is a registered native title body corporate under
subsection (2) only 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 the CATSI corporation is the registered native title body
corporate for the determination; or
(b) a determination has not been made
under the Commonwealth Native Title Act that native title exists in relation
to all or a part of the land, but the Minister is satisfied it is appropriate
in all the circumstances for the land to be transferred to the CATSI
corporation. Examples of when it is appropriate for the land to be transferred
to the CATSI corporation— 1 The transfer to the CATSI corporation is
supported by consultation with Torres Strait Islanders particularly concerned
with the land.
2 The land is within the external boundaries of an area of
land the subject of a native title determination and the CATSI corporation is
the registered native title body corporate for the determination.
3 An ILUA
has been entered into for the land and the CATSI corporation is nominated in
the ILUA as the proposed transferee for the land under this Act.
4
Anthropological research supports the CATSI corporation as being the
appropriate transferee.
(4) Before transferring the land, the Minister must
consult with, and consider the views of, the Torres Strait Islanders
particularly concerned with the land.
(5) Also, 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 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.
(6)
In deciding to transfer land under this section, the Minister must have regard
to any Island custom applicable to the land.
(7) If the land is transferred
under this section, the entity to whom the land is transferred holds the land
for the benefit of the persons for whose benefit the land was held immediately
before it was transferred.
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