Queensland Consolidated Acts

TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 71

71 Transfer of Torres Strait Islander land

(1) The trustee of the Torres Strait Islander land (the
"transferor" ) may transfer all or a part of the land only—

(a) with the Minister’s written approval; and

(b) to either of the following entities (the
"transferee" )—

(i) another land trust;

(ii) a CATSI corporation that is qualified to hold the land.

(2) If a trustee transfers land under this subdivision—

(a) all improvements on the land must be transferred with the land; and

(b) for a transferee that is a registered native title body corporate—the transferee holds the land for—

(i) the native title holders of the land, if the transferor and the transferee agree it is to be held for the native title holders; or

(ii) the benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants, if subparagraph (i) does not apply to the transfer; and

(c) for a transferee that is not a registered native title body corporate—the transferee holds the land for the benefit of the Torres Strait Islanders particularly concerned with the land and their ancestors and descendants; and

(d) if all the Torres Strait Islander land held by the trustee is transferred to the transferee—

(i) the land trust for the land that is transferred is dissolved; and

(ii) all the assets and liabilities of the trustee become the assets and liabilities of the transferee; and

(e) if paragraph (c) does not apply—the assets and liabilities of the trustee mentioned in section 73 (1) (a) (ii) become the assets and liabilities of the transferee.