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ABORIGINAL LAND AND TORRES STRAIT ISLANDER LAND AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 26 - SECT 134

134 Amendment of s 3 (Definitions)

(1) Section 3, 'In this Act—'—

omit, insert—

'The dictionary in the schedule defines particular words used in this Act.'.

(2) Section 3, definitions available Crown land, claimable land, coast, Crown, granted land, interested person, land claims registrar, Land Tribunal, land trust, lease, maximum amount, mineral, native title interests, non-presiding member, presiding member, quarry material, registrar of titles, Torres Strait Islander land claim association, Torres Strait Islander lease, Torres Strait Islander (non-transferred land) lease, Torres Strait Islander (transferred land) lease, township land, tribunal, trustee, trustee (Torres Strait Islander) lease and watercourse—

omit.

(3) Section 3—

insert—

'accepted representations see section 92(2).

account, for part 8, division 5, see section 100.

approved form means a form approved under section 134B.

available State land means land that is available State land under section 16.

available State land agreement see section 16A(1).

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

commencement, for part 10, division 3, see section 138.

decision-maker, for part 8B, means—

(a) for a decision mentioned in section 115(1) or (4)—the Minister; or
(b) for a decision mentioned in section 115(2) or (3) about forfeiture or non-renewal of a lease—the lessor of the lease land.

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.

holder, for part 8, division 5, see section 100.

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.

information, for part 8, division 3, see section 98.

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

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 140.

lease—

1 Lease—
(a) for part 4C, division 5, see section 71; or
(b) for part 5A, see section 80AA.
2 A lease does not include a residential tenancy agreement.

lessee, for part 4C, division 6, see section 74.

lessor—

(a) for part 4C, division 5, see section 71; or
(b) for part 4C, division 6, see section 74; or
(c) for part 5A, see section 80AA.

maximum amount see section 77A(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.

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.

previous, for part 10, division 3, see section 138.

proposed action see section 91(3)(a).

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.

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

required amount see section 77A(1).

residential lease see section 74.

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

show cause notice see section 91(2).

show cause period see section 91(3)(e).

standard lease see section 61(2).

Torres Strait Islander land holding entity register see section 41(1).

township land means land declared under section 20 to be township land.

townsite lease see section 61(3).

townsite sublease see section 68(1).

transferee—

(a) for part 4B, division 4, subdivision 1, see section 57A(1); and
(b) for part 4B, division 4, subdivision 2, see section 58A(1).

transferor—

(a) for part 4B, division 4, subdivision 1, see section 57A(1); and
(b) for part 4B, division 4, subdivision 2, see section 58A(1).

trust money, for part 8, division 5, see section 100.

trustee—

(a) in relation to Torres Strait Islander land—means the land trust or other entity that holds the land under this Act; and
(b) of Torres Strait Islander trust land—see section 80D.

trustee (Torres Strait Islander) lease see section 80D.

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.

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

(4) Section 3, definitions city or town land, DOGIT land, Island custom, lake, natural gas, Torres Strait area, Torres Strait Islander, Torres Strait Islander land, Torres Strait Islander reserve land, transferable land, transferred land, 'has the meaning given by'—

omit, insert—

'see'.

(5) Section 3, definition registrar, paragraph (a), 'under the Land Title Act'—

omit.

(6) Section 3, definitions, as amended under this section—

relocate to the schedule as inserted by this Act.



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