ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013 NO. 2

Queensland Numbered Acts

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ABORIGINAL AND TORRES STRAIT ISLANDER LAND HOLDING ACT 2013 NO. 2

TABLE OF PROVISIONS

Contents
Part 1--Preliminary
Division 1--Introduction
1. Short title
2. Commencement
3. Main object of Act
4. Achieving Act's main object
5. Approach adopted in applying ALA or TSILA
6. All rights under 1985 Land Holding Act to be dealt with under this Act
7. Act binds all persons
Division 2--Interpretation
8. Definitions
9. Meaning of lease entitlement and holder of lease entitlement
10. Meaning of trust area and trustee
Part 2--Transition from 1985 Land Holding Act to this Act
Division 1--Adjustment of status of land affected by 1985 Land Holding Act
11. Return of land previously divested under 1985 Land Holding Act
12. Continuation of 1985 Act granted leases
Division 2--Advice to Minister
13. Establishment of Land Holding Act stakeholder reference panels
Part 3--Lease entitlements
Division 1--Introduction
14. Operation of pt 3
Division 2--Publication of lease entitlement notices
15. Chief executive to publish lease entitlement notice
16. Requirements for lease entitlement notice
17. Replacement lease entitlement notice
Division 3--Trust area notice
18. Chief executive to notify trustee about lease entitlements
19. Chief executive to notify trustee if no lease entitlements
20. Publication of trust area notice
Division 4--Addition to and replacement of lease entitlement notices
21. Time limits for application under this division
22. Application for publication of lease entitlement notice
23. Appeal to Land Court against refusal to publish lease entitlement notice
24. Application for replacement of lease entitlement notice
25. Appeal to Land Court about decision on application for replacement of lease entitlement notice
Division 5--Lease entitlement not established
26. Hardship certificate
Division 6--Surrender of lease entitlement
27. Surrender
Part 4--Identification of practical obstacles
28. Operation of pt 4
29. What are practical obstacles
30. Minister refers lease entitlement notice to Land Holding Act stakeholder reference panel or reference entity
31. Minister advises of obstacles and gives statement of reasons
32. Application about statement of reasons (obstacles)
33. Refusal to amend statement of reasons (obstacles)
Part 5--Grants of leases to satisfy lease entitlements
Division 1--Introduction
34. Operation of pt 5
Division 2--Granting lease to satisfy lease entitlement if no obstacles to grant
35. Minister may grant lease
Division 3--Application to proceed immediately with the grant of a lease
36. Application to proceed immediately with the grant of a lease
37. Consideration of application
38. Refusal to proceed immediately with grant of lease
Division 4--Granting lease to satisfy lease entitlement if obstacles to grant
Subdivision 1--Deferred grants generally
39. Minister may make deferred grant of lease
Subdivision 2--Consultation or agreement before deferred grant
40. Purpose of sdiv 2
41. Minister may rely on advice
42. Reference to Land Holding Act stakeholder reference panel
43. Persons to be consulted
44. Location of lease
45. Ownership of improvements
Subdivision 3--Agreed deferred grant
46. Minister may make agreed deferred grant
Subdivision 4--Contested deferred grant
47. Application to Land Court in absence of agreement
48. Decision of Land Court for contested deferred grant
49. Compensation for grantee in circumstances of contested deferred grant
Division 5--New Act granted leases generally
50. New Act granted leases
Part 6--Boundary relocations for particular 1985 Act granted leases
Division 1--Introduction
51. Operation of pt 6
Division 2--Consultation about boundary relocations
52. Consultation about boundaries of lease
Division 3--Agreed boundary relocation
53. Application to Land Court in case of agreement
54. Decision of Land Court for agreed boundary relocation
Division 4--Contested boundary relocation
55. Application to Land Court in absence of agreement
56. Decision of Land Court for contested boundary relocation
57. Compensation for lessee in circumstances of contested boundary relocation
Division 5--Recording boundary relocation
58. Recording of boundary relocation
Part 7--Ownership of structural improvements
59. Ownership of improvements continues
60. Agreement or arrangement for 1985 Land Holding Act, s 15
61. Gazette notice for completed agreement or arrangement
62. Use of valuation methodology for social housing dwelling
Part 8--Conditions and requirements applying to leases
Division 1--Conditions and requirements applying to leases other than term leases
63. Operation of div 1
64. Dealings
65. Registration of dealings
66. Lease for residential purposes
67. Subleases
68. Surrenders
Division 2--Term leases
69. Entitlement to apply for lease under ALA or TSILA
Part 9--Application of provisions of ALA or TSILA
Division 1--Applying ALA or TSILA
70. ALA provisions
71. TSILA provisions
Division 2--Applying ALA
Subdivision 1--All land
72. Non-application of ALA, s 98 (Requirement for consultation)
73. Applying ALA, pt 10, div 6 (Forfeiture and renewal of residential leases)
Subdivision 2--Aboriginal land
74. Applying ALA, pt 14 (Provisions about mortgages of leases over Aboriginal land)
Subdivision 3--Aboriginal trust land
75. Definition for sdiv 3
76. Applying ALA, s 185 (Relationship with Land Act)
77. Applying ALA, s 187 (Amending trustee (Aboriginal) lease)
78. Applying ALA, s 188 (Mortgage of trustee (Aboriginal) lease)
Division 3--Applying TSILA
Subdivision 1--All land
79. Non-application of TSILA, s 65 (Requirement for consultation)
80. Applying TSILA, pt 8, div 6 (Forfeiture and renewal of leases for private residential purposes)
Subdivision 2--Torres Strait Islander land
81. Applying TSILA, pt 10 (Provisions about mortgages of leases over Torres Strait Islander land)
Subdivision 3--Torres Strait Islander trust land
82. Definition for sdiv 3
83. Applying TSILA, s 141 (Relationship with Land Act)
84. Applying TSILA, s 143 (Amending trustee (Torres Strait Islander) lease)
85. Applying TSILA, s 144 (Mortgage of trustee (Torres Strait Islander) lease)
Part 10--Miscellaneous
86. Plans of survey
87. Limitation on qualification requirement
88. Delegations
89. Application to Land Court if no interested persons identified
90. Information Privacy Act does not stop sharing of information necessary for effective operation of this Act
91. Review of Act
92. Approval of forms
93. Regulation-making power
Part 11--Repeal and transitional provisions
94. Repeal
95. Continuation of proceeding
96. Effect of regulation amendment
Part 12--Amendment of Acts
Division 1--Amendment of this Act
97. Act amended
98. Amendment of long title
Division 2--Amendment of Aboriginal Land Act 1991
Subdivision 1--Act amended
99. Act amended
Subdivision 2--Amendments for use of Aboriginal land
100. Amendment of s 45 (Existing interests)
101. Insertion of new s 45A
102. Amendment of s 199 (Use of Aboriginal land preserved)
Subdivision 3--Other amendments
103. Amendment of s 45 (Existing interests)
104. Amendment of s 62 (Tribunal to notify making of claims)
105. Amendment of s 104 (Transfer of Aboriginal land)
106. Amendment of s 120 (Restrictions on grant of standard lease to an Aborigine)
107. Amendment of s 132 (Lessee of townsite lease taken to be lessor of existing leases)
108. Amendment of s 142 (Leases for private residential purposes—general conditions and requirements)
109. Amendment of s 146 (Lease, sublease and particular dealings to be registered)
110. Amendment of s 147 (Definitions for div 6)
111. Amendment of pt 12 hdg (Provision about particular claimable land)
112. Amendment of s 202 hdg (Application of Mineral Resources Act)
113. Amendment of s 243 hdg (Staff of tribunal employed under Public Service Act)
114. Amendment of sch 1 (Dictionary)
Division 3--Amendment of Environmental Protection Act 1994
115. Act amended
116. Amendment of s 38 (Who is an affected person for a project)
117. Amendment of s 579 (Compensation)
Division 4--Amendment of Land Act 1994
Subdivision 1--Act amended
118. Act amended
Subdivision 2--Amendment for subdivision of DOGIT land
119. Amendment of s 34P (Requirement about covenant for DOGIT land)
Subdivision 3--Amendments for indigenous cultural interests
120. Amendment of s 155 (Length of term leases)
121. Amendment of s 155B (Extensions for a term of up to 50 years)
122. Amendment of s 155BA (Extensions for a term of up to 75 years)
123. Amendment of s 155D (When Minister may reduce)
124. Amendment of s 159 (General provisions for deciding application)
125. Insertion of new s 188A
126. Replacement of s 199A (Land may be used only for tenure's purpose)
127. Insertion of new ss 202AA and 202AB
128. Amendment of s 325 (Effect of registration of transfer)
129. Insertion of new ch 6, pt 4, div 8D
130. Amendment of s 392 (Delegation by Minister)
131. Amendment of s 393 (Delegation by chief executive)
132. Amendment of sch 1A (Provisions that include mandatory conditions for tenures)
133. Insertion of new sch 3
134. Amendment of sch 6 (Dictionary)
Division 5--Amendment of Land Court Act 2000
135. Act amended
136. Amendment of s 32A (Indigenous assessors)
137. Amendment of s 32C (Allocation of indigenous assessor for a proceeding in the cultural heritage division)
138. Amendment of s 32D (Role of indigenous assessor for a proceeding)
139. Amendment of s 32J (Land Court has power of the Supreme Court for particular purposes)
140. Amendment of sch 2 (Dictionary)
Division 6--Amendment of Mineral Resources Act 1989
141. Act amended
142. Amendment of sch 2 (Dictionary)
Division 7--Amendment of Survey and Mapping Infrastructure Act 2003
143. Act amended
144. Amendment of s 21 (Power to place a permanent survey mark)
145. Amendment of schedule (Dictionary)
Division 8--Amendment of Sustainable Planning Act 2009
146. Act amended
147. Amendment of sch 3 (Dictionary)
Division 9--Amendment of Sustainable Planning Regulation 2009
148. Regulation amended
149. Amendment of sch 3 (Assessable development, self-assessable development and type of assessment)
150. Amendment of sch 4 (Development that can not be declared to be development of a particular type—Act, section 232(2))
Division 10--Amendment of Torres Strait Islander Land Act 1991
Subdivision 1--Act amended
151. Act amended
Subdivision 2--Amendments for use of Torres Strait Islander land
152. Amendment of s 41 (Existing interests)
153. Insertion of new s 41A
154. Amendment of s 148 (Use of Torres Strait Islander land preserved)
Subdivision 3--Other amendments
155. Amendment of s 41 (Existing interests)
156. Amendment of s 97 (Lessee of townsite lease taken to be lessor of existing leases)
157. Amendment of s 107 (Leases for private residential purposes—general conditions and requirements)
158. Amendment of s 111 (Particular dealings to be registered)
159. Amendment of s 112 (Definitions for div 6)
160. Amendment of s 142 (Trustee (Torres Strait Islander) leases)
161. Amendment of sch 1 (Dictionary)
Division 11--Amendment of Vegetation Management Act 1999
162. Act amended
163. Amendment of schedule (Dictionary)
Division 12--Amendment of Wild Rivers Regulation 2007
164. Regulation amended
165. Amendment of s 3 (Specified works—other infrastructure (Act, s 48))
SCHEDULE -- DICTIONARY

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