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TORRES STRAIT ISLANDER LAND ACT 1991 - SCHEDULE 1

SCHEDULE 1 – Dictionary


"Aboriginal group" means a group of Aboriginal people within the meaning of the Aboriginal Land Act 1991 .

"accepted representations" see section 159 (2) .

"account" , for part 14 , division 5 , see section 167 .

"Acquisition Act" means the Acquisition of Land Act 1967 .

"allocation method" , for available land, for part 2A , see section 28B .

"allocation notice" , for part 2A , see section 28Z (1) (a) .

"allocation process" , for available land, for part 2A , see section 28B .

"ancestor" includes an ancestor under Island custom.

"appeal period" , for part 2A , see section 28B .

"appropriate register" means—

(a) for freehold land—the freehold land register; or
(b) for other land—the appropriate register for the land under the Land Act.

"approved form" means a form approved under section 196 .

"available Crown land" ...

"available land" see section 28D (3) .

"available State land" means land that is available State land under section 19 .

"available State land agreement" see section 20 (1) .

"bed and banks" ...

"CATSI corporation" means a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) .

"city or town land" see section 23 .

"claimable land" ...

"closing day" , for part 2A , division 6 , see section 28ZA (1) (d) .

"coast" ...

"commencement" , for part 19 , division 3 , see section 201 .

"Commonwealth Native Title Act" means the Native Title Act 1993 (Cwlth) .

"constructing authority" means a constructing authority under the Acquisition Act.

"Crown" ...

"decision-maker" , for part 16 , means—
(a) for a decision mentioned in section 182 (1) or (5) —the Minister; or
(b) for a decision mentioned in section 182 (2) —the trustee of the available land to which the decision relates; or
(c) for a decision mentioned in section 182 (3) or (4) about forfeiture or non-renewal of a lease—the lessor of the lease land.

"descendant" includes a descendant under Island custom.

"director" ...

"DOGIT land" see section 10 .

"eligibility criteria" , for part 2A , see section 28D (6) (a) .

"eligible person" , for available land, for part 2A , see section 28B .

"enactment day" means the day on which this Act receives the Royal Assent.

"excluded land" means any of the following—
(a) land outside the Torres Strait area;
(b) city or town land or township land;
(c) a reserve under the Land Act;
(d) land that is set apart and declared as a State forest or timber reserve under the Forestry Act 1959 ;
(e) a road;
(f) land that has become unallocated State land, if a person has a right, other than under this Act, against the State to the grant of an interest in that land.

"executive committee" , of a land trust, means the committee of the land trust—
(a) primarily responsible for the management of the land trust; and
(b) consisting of the following—
(i) the chairperson of the land trust;
(ii) the deputy chairperson and secretary, if any, of the land trust;
(iii) the persons holding another executive office of the land trust.

"forest products" means all vegetable growth and material of vegetable origin (whether living or dead and whether standing or fallen).

"freehold instrument" see section 28B .

"freehold option land" see section 28B .

"freehold policy" , for a freehold schedule, for part 2A , see section 28D (5) .

"freehold schedule" , for part 2A , see section 28B .

"granted land" ...

"group" includes a community.

"group of Torres Strait Islanders" includes—
(a) the descendants of the group; and
(b) if there is only 1 surviving member of a group of Torres Strait Islanders—that person.

"holder" , for part 14 , division 5 , see section 167 .

"home ownership lease" see sections 85 (2) and 86 (2) .

"housing chief executive" means the chief executive of the department in which the Housing Act 2003 is administered.

"ILUA" means an indigenous land use agreement noted in the ILUA register.

"ILUA register" means the Register of Indigenous Land Use Agreements under the Commonwealth Native Title Act, section 253 .

"improvements" see the Land Act, schedule 6 .

"indigenous local government" , for part 2A , see section 28B .

"information" , for part 14 , division 3 , see section 165 .

"information notice" , about a decision, means a notice stating all of the following—
(a) the decision;
(b) the reasons for the decision;
(c) that the person to whom the notice is given may appeal to the Land Court against the decision within 28 days after receiving the notice;
(d) how the person may appeal.

"interest" , in relation to land, means—
(a) a legal or equitable estate or interest in the land; or
(b) a right, power or privilege over, or in relation to, the land;
and includes—
(c) a permit or licence issued in relation to the land; and
(d) a mining interest; and
(e) a geothermal tenure under the Geothermal Energy Act 2010 ; and
(f) a GHG authority under the Greenhouse Gas Storage Act 2009 .

"interested person" ...

"interest holder" , for available land, for part 2A , see section 28B .

"Island custom" see section 6 .

"lake" see the Water Act 2000 , schedule 4 .

"land" ...

"Land Act" means the Land Act 1994 .

"land claims registrar" ...

"Land Holding Act" means the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 .

"Land Title Act" means the Land Title Act 1994 .

"Land Tribunal" ...

"land trust" means—
(a) an entity—
(i) formed through the incorporation under the repealed Torres Strait Islander Land Regulation 1991 of persons as a land trust; and
(ii) in existence immediately before the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011 , part 12 ; or
(b) an entity taken to be incorporated as a land trust under section 203 .

"lease"
(a) generally, does not include a residential tenancy agreement; and
(b) for part 10 , see section 136 .

"lease land" , for a provision about a lease or proposed lease, means the land subject to the lease or proposed lease.

"lessee" , for part 8 , see section 84 .

"lessor"
(a) for part 8 , see section 84 ; or
(b) for part 10 , see section 136 .

"management plan" ...

"maximum amount" see section 107 (2) .

"member" , of a land trust, means each person who, for the time being, is a member of the land trust, including, for example—
(a) an initial grantee of Torres Strait Islander land held by the land trust; and
(b) another person appointed by the Minister as trustee of the Torres Strait Islander land held by the land trust; and
(c) a person appointed by the Minister or the land trust as a member of the land trust.

"mineral" see the Mineral Resources Act 1989 , section 6 .

"mining interest" means a lease, claim or other interest in, or a permit, licence or other right in relation to, land that is granted under—
(a) the Mineral Resources Act 1989 , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or
(b) another Act relating to mining for minerals, petroleum or natural gas.

"model freehold instrument" , for part 2A , division 4 , subdivision 2 , see section 28F .

"model freehold schedule" , for part 2A , see section 28D (4) .

"National Native Title Register" means the National Native Title Register established and maintained under the Commonwealth Native Title Act, part 8 .

"national park" means an area dedicated under the Nature Conservation Act 1992 as a national park.

"native title determination" , in relation to land, means a determination under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land.

"native title holder"
(a) for part 2A , see section 28B ; or
(b) otherwise—in relation to land held, or to be held, by a registered native title body corporate, means—
(i) if the registered native title body corporate holds the native title in relation to the land, or part of the land, on trust—the persons on whose behalf the registered native title body corporate holds the native title; or
(ii) if subparagraph (i) does not apply—the persons who hold the native title in relation to the land or part of the land.

"native title interests" ...

"natural gas" see the Petroleum Act 1923 , section 2 .

"new Land Holding Act" means the Aboriginal and Torres Strait Islander Land Holding Act 2013 .

"non-presiding member" ...

"notice" means written notice.

"NPARC" means the Northern Peninsula Area Regional Council.

"offer" , for part 2A , see section 28B .

"part 8 lease" see section 84 .

"petroleum" means petroleum under the Petroleum and Gas (Production and Safety) Act 2004 .

"planning scheme" , for part 2A , section 28B .

"prescribed DOGIT land" means land comprised in any of the following deeds of grant in trust held for the benefit of Islander inhabitants—
(a) deed of grant in trust (title reference 21328057) for Bamaga;
(b) deed of grant in trust (title reference 21296131) for Hammond Island;
(c) deed of grant in trust (title reference 21352022) for Seisia.

"presiding member" ...

"previous" , for part 19 , division 3 , see section 201 .

"probity advisor" , for part 2A , see section 28ZB (1) .

"proposed action"
(a) for a provision about action to be taken by the Minister under part 14 , division 2 , subdivision 3 , see section 158 (3) (a) ; or
(b) for a provision about action to be taken by a land trust under part 14 , division 2 , subdivision 4 , see section 163 (1) .

"public infrastructure" means infrastructure that is operated for the general public.

"qualified" , for a CATSI corporation that holds, or is proposed to hold, Torres Strait Islander land under this Act, means—
(a) membership of the CATSI corporation is restricted to Torres Strait Islanders particularly concerned with the land; or
(b) the CATSI corporation is a trustee of a trust the beneficiaries of which are restricted to Torres Strait Islanders particularly concerned with the land.

"quarry material" see the Forestry Act 1959 , schedule 3 .

"reasonably considers" means considers on grounds that are reasonable in the circumstances.

"reasonably satisfied" means satisfied on grounds that are reasonable in the circumstances.

"registered" means registered under the Land Act or the Land Title Act.

"registered native title body corporate" means a prescribed body corporate under the Commonwealth Native Title Act whose name and address are registered on the National Native Title Register under section 193 (2) (e) or (4) of that Act.

"registrar" means the registrar of titles under the Land Title Act.

"registrar of titles" ...

"relevant land" , for part 2 , division 4 , see section 12 .

"repealed Torres Strait Act" means the Community Services (Torres Strait) Act 1984 as in force before its repeal under the Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 .

"required amount" see section 107 (1) .

"residential lease" ...

"residential tenancy" means a residential tenancy under the Residential Tenancies and Rooming Accommodation Act 2008 .

"residential tenancy agreement" means a residential tenancy agreement under the Residential Tenancies and Rooming Accommodation Act 2008 .

"responsibilities" , in relation to land, include—
(a) responsibilities under Island custom for the land, including, for example, responsibilities for areas that are of particular significance under Island custom; and
(b) responsibilities for the land that may affect neighbouring land, including, for example, responsibilities in relation to fire and vermin control.

"road" means a surveyed or unsurveyed road that is, under an Act, dedicated, notified or declared to be a road for public use.

"sea" includes waters within the ebb and flow of the tide.

"show cause notice"
(a) for a notice given by the Minister, see section 158 (2) ; or
(b) for a notice given by a land trust, see section 163 (3) .

"show cause period"
(a) for a provision about a show cause notice given by the Minister, see section 158 (3) (e) ; or
(b) for a provision about a show cause notice given by a land trust, see section 163 (4) (f) .

"social housing" means housing that—
(a) is being used to provide subsidised housing for residential use; or
(b) has been used to provide subsidised housing for residential use and for which an amount, payable under either of the following sections for the dwelling, has not been paid to the trustee—
(i) section 93 ;
(ii) section 108 as in force before the commencement of the Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 , section 41 .

"social housing dwelling" means a dwelling the housing chief executive reasonably considers to be social housing.

"standard lease" ...

"tidal land" means land that is ordinarily covered and uncovered by the flow and ebb of the tide at spring tides.

"Torres Strait area" see section 27 .

"Torres Strait Island council" means—
(a) in relation to any area that, immediately before the day that under the Local Government Act 1993 is the changeover day for NPARC, was included in the Bamaga or Seisia Council area under the repealed Torres Strait Act—NPARC; or
(b) in relation to any area included in the local government area of TSIRC—TSIRC.

"Torres Strait Islander" see section 5 .

"Torres Strait Islander land" see section 7 .

"Torres Strait Islander land claim association" ...

"Torres Strait Islander land holding entity register" see section 51 (1) .

"Torres Strait Islander lease" ...

"Torres Strait Islander (non-transferred land) lease" ...

"Torres Strait Islander reserve land" see section 11 .

"Torres Strait Islander (transferred land) lease" ...

"Torres Strait Islander trust land" see section 140 .

"Torres Strait Treaty" has the meaning given by the Torres Strait Fisheries Act 1984 , section 6 (1) , being the treaty a copy of which is set out in the schedule to that Act.

"township land" means land declared under section 24 to be township land.

"townsite lease" see section 85 (3) .

"townsite sublease" ...

"transferable land" see section 8 .

"transferee"
(a) for part 7 , division 4 , subdivision 1 , see section 71 (1) ; and
(b) for part 7 , division 4 , subdivision 2 , see section 76 (1) .

"transferor"
(a) for part 7 , division 4 , subdivision 1 , see section 71 (1) ; and
(b) for part 7 , division 4 , subdivision 2 , see section 76 (1) .

"transferred land" see section 8 .

"tribunal" ...

"trustee" , in relation to land, is the entity that—
(a) holds, as trustee, the land under this Act; or
(b) is the trustee of the land under the Land Act.

"trustee (Torres Strait Islander) lease" see section 140 .

"trust money" , for part 14 , division 5 , see section 167 .

"trust property" , in relation to a land trust or a member of a land trust, includes—
(a) income derived from Torres Strait Islander land held by the land trust; and
(b) amounts paid to the land trust in relation to—
(i) the grant of an interest in the land; or
(ii) the creation of a mining interest in the land; or
(iii) an agreement entered into in relation to the land; and
(c) amounts paid by any person or governmental authority, or any other property, that is received or acquired by the land trust or for the land trust by a member of the land trust.

"TSIRC" means the Torres Strait Island Regional Council.

"urban area" , for part 2A , see section 28B .

"urban purposes" , for part 2A , see section 28B .

"watercourse" means a watercourse under the Water Act 2000 .



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