Queensland Numbered Acts

ABORIGINAL LAND AND TORRES STRAIT ISLANDER LAND AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 26 - SECT 153

Section 26—

omit, insert—

'(1) This section applies if the Minister does not appoint, under section 25A, a registered native title body corporate as the grantee of land.

'(2) The Minister may appoint as grantee of the land—

(a) a CATSI corporation that is qualified to hold the land; or

(b) a land trust.

'(3) However, the Minister may appoint a CATSI corporation that is a registered native title body corporate as a grantee of land 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

(b) the registered native title body corporate is registered on the National Native Title Register for the determination.

'(4) Before making the appointment, the Minister must consult with, and consider the views of, Torres Strait Islanders particularly concerned with the land.

'(5) Subsection (4) does not apply if an ILUA has been entered into for the land and the entity is nominated in the ILUA as the proposed grantee for the land under this Act.

'(6) However, in considering whether to appoint an entity nominated in an ILUA as the proposed grantee for the land, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example—

(a) whether any Torres Strait Islanders particularly concerned with the land may be adversely affected by the appointment; and

(b) if the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the appointment—any action the entity intends to take to address the concerns of the Torres Strait Islanders.

'(7) Also, in considering whether to appoint a registered native title body corporate as the proposed grantee for the land, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example, the matters mentioned in section 25A(4)(b) and (c).

'(8) In appointing a grantee of land under this section, the Minister must have regard to any Island custom applicable to the land.

'(1) Before appointing a grantee of land under this part, other than an entity nominated in an ILUA as the proposed grantee for the land, the Minister must—

(a) publish notice of the Minister's intention to appoint the grantee in a newspaper or other publication circulating generally in the area in which the land the subject of the deed of grant is situated; and

(b) consider all representations made to the Minister under subsection (4).

'(2) The notice must—

(a) include a description of the land; and

(b) state the following—

(i) the name of the proposed grantee;

(ii) that a Torres Strait Islander particularly concerned with the land may make written representations to the Minister about the proposed appointment;

(iii) the place where the representations may be made;

(iv) the period in which the representations must be made.

'(3) The stated period must end at least 28 days after the notice is published.

'(4) A Torres Strait Islander particularly concerned with the land may make written representations about the proposed appointment to the Minister within the stated period.'.