Queensland Numbered Acts Queensland Numbered ActsParts 4 and 5—
omit, insert—
'(1) The chief executive must keep a register of entities that hold Torres Strait Islander land (the Torres Strait Islander land holding entity register).
'(2) The register must contain the following information for each entity—
(a) the entity's name, address for the service of documents and contact telephone number;
(b) a description of the Torres Strait Islander land held by the entity.
'(3) If the entity is a land trust, the register also must contain all the following information about the land trust—
(a) the names and addresses of all the current members of the land trust;
(b) the name of each member of the land trust's executive committee, and the position held by the member;
(c) a contact telephone number for the chairperson and secretary of the land trust;
(d) a copy of the land trust's adopted rules;
(e) copies of annual financial statements and audit reports the chief executive receives from the land trust under this Act;
(f) a statement about whether or not the land trust has, for each financial year, operated in compliance with the Act.
Note—
Under section 97, the chief executive must record in the register whether or not a land trust has operated in compliance with the Act.
'(4) The chief executive may keep the register in the form the chief executive considers appropriate, including, for example, in electronic form.
'(1) Each entity, other than a land trust, that holds Torres Strait Islander land must—
(a) as soon as practicable after the end of each financial year, give to the chief executive the information mentioned in section 41(2) for the entity; and
(b) as soon as practicable after any of the information changes—give the chief executive a written notice of the change.
'(2) A land trust must give to the chief executive all the information the chief executive reasonably requires to ensure the information in the register about the land trust is accurate.
'(1) A person may, in the approved form, ask the chief executive to give the person information included in the Torres Strait Islander land holding entity register.
'(2) The chief executive must, if asked under subsection (1), give the person the information included in the publicly available part of the register.
'(3) The chief executive may, if asked under subsection (1), give the person the additional information for a land trust only if the chairperson of the land trust consents in writing to the giving of the information.
'(4) In this section—
additional information, for a land trust, means the following—
(a) the names of all the current members of the land trust;
(b) the information mentioned in section 41(3)(b), (d) or (e).
publicly available part, of the Torres Strait Islander land holding entity register, means the part of the register containing all the following information—
(a) the information mentioned in section 41(2);
(b) for a land trust—
(i) the names of the chairperson and secretary of the land trust; and
(ii) the information mentioned in section 41(3)(f).
'The purpose of this part is to provide for—
(a) particular Torres Strait Islander land to vest in the State; and
(b) the transfer of Torres Strait Islander land that vests in the State to another entity to hold as Torres Strait Islander land.
'This part applies to Torres Strait Islander land that is or was held by a CATSI corporation for the benefit of Torres Strait Islanders particularly concerned with the land and their ancestors and descendants, if—
(a) under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth)—
(i) the corporation stops being registered; and
(ii) the land is vested in the State; or
(b) the corporation is no longer qualified to hold the land.
'(1) If the CATSI corporation is no longer qualified to hold the land, the Minister may, by gazette notice, declare that the land vests in the State.
'(2) The gazette notice must—
(a) include a description of the land; and
(b) state the reason that the CATSI corporation is no longer qualified to hold the land.
'(1) This section applies if—
(a) the land vests in the State under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth); or
(b) the land vests in the State under section 46.
'(2) The land—
(a) vests in the State in fee simple; and
(b) the State holds the land for the benefit of the persons for whose benefit the land was held immediately before it vested in the State.
'(1) The Minister must, by gazette notice as soon as practicable after the land vests in the State, transfer the land under this part.
'(2) The gazette notice must include—
(a) a description of the land being transferred; and
(b) the name of the entity to whom the land is transferred.
'(1) This section applies 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) there is a registered native title body corporate for the determination.
'(2) The Minister may, with the consent of the registered native title body corporate, transfer the land to it.
'(3) If the Minister transfers the land under this section to a registered native title body corporate, the body corporate holds the land for the native title holders of the land the subject of the determination mentioned in subsection (1)(a).
'(4) In considering whether to transfer the land to a registered native title body corporate, the Minister may have regard to any matter the Minister considers relevant to the proposed transfer, including, for example—
(a) whether any Torres Strait Islanders particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed transfer; and
(b) if the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.
'(1) This section applies if the Minister does not transfer the land under section 49 to a registered native title body corporate.
'(2) The Minister may transfer the land to—
(a) a CATSI corporation that is qualified to hold the land; or
(b) a land trust.
'(3) However, the Minister may transfer the land to a CATSI corporation that is a registered native title body corporate 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 transferring the land, the Minister must consult with, and consider the views of, the Torres Strait Islanders particularly concerned with the land.
'(5) Also, in considering whether to transfer the land to a registered native title body corporate, the Minister may have regard to any matter the Minister considers relevant to the proposed transfer, including, for example—
(a) whether any Torres Strait Islanders particularly concerned with the land may be adversely affected by the proposed transfer; and
(b) if the Minister is satisfied any Torres Strait Islanders particularly concerned with the land will be adversely affected by the proposed transfer—any action the registered native title body corporate intends to take to address the concerns of the Torres Strait Islanders.
'(6) In deciding to transfer land under this section, the Minister must have regard to any Island custom applicable to the land.
'(7) If the land is transferred under this section, the entity to whom the land is transferred holds the land for the benefit of the persons for whose benefit the land was held immediately before it was transferred.
'(1) Before transferring the land, the Minister must—
(a) publish notice of the Minister's intention to transfer the land in a newspaper or other publication circulating generally in the area in which the land 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 transferee;
(ii) that a Torres Strait Islander particularly concerned with the land may make written representations to the Minister about the proposed transfer;
(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 person mentioned in subsection (2)(b)(ii) may make written representations about the proposed transfer to the Minister within the stated period.
'The transfer of the land under this part has effect on publication of the gazette notice about the transfer under section 48.
'(1) If land vests in the State or is transferred under this part, the chief executive must give the registrar written notice of the vesting or transfer.
'(2) The notice must include particulars of the land the subject of the vesting or transfer.
'(3) On receiving the notice, the registrar must record in the freehold land register the vesting or transfer.
'Subject to this part and part 4C, the trustee of Torres Strait Islander land may—
(a) grant, transfer or otherwise create an interest in, or in relation to, the land in the way the trustee considers appropriate, including, for example, by—
(i) granting a lease or licence over all or a part of the land; or
(ii) consenting to the creation of a mining interest in the land; or
(iii) granting an easement over the land; or
(iv) entering into a conservation agreement under the Nature Conservation Act 1992, section 45, for the land; or
(v) entering into an agreement with the State or the Commonwealth in relation to the getting and sale of forest products or quarry material above, on or below the land; or
(b) dedicate a part of the land to public use by registering a plan of subdivision under the Land Title Act, part 4, division 3; or
(c) surrender all or a part of the land to the State.
'(1) The trustee of Torres Strait Islander land must not deal with the land unless—
(a) the trustee has explained to the Torres Strait Islanders particularly concerned with the land the nature, purpose and effect of the dealing; and
(b) the Torres Strait Islanders are given a suitable opportunity to express their views on, and are generally in agreement with, the dealing.
'(2) Despite section 60A, dealing with land in contravention of subsection (1) is not void under that section.
'(3) In this section—
deal, with land, means—
(a) grant a lease, other than under section 61(1)(a)(i) for private residential purposes, for more than 10 years over the land; or
(b) grant a licence for the use of the land for more than 10 years; or
(c) grant or otherwise create an interest in, or in relation to, the land, other than—
(i) a residential tenancy; or
(ii) a lease or licence for the use of the land for not more than 10 years; or
(iii) a lease under section 61(1)(a)(i) for private residential purposes; or
(d) dedicate a part of the land to public use; or
(e) surrender any of the land to the State.
trustee, of Torres Strait Islander land, does not include a registered native title body corporate.
'(1) Subsection (2) applies if the Minister's prior written consent is required for the grant of a lease or licence by the trustee of Torres Strait Islander land, or for the creation of an interest under a lease or licence.
'(2) The Minister's consent may be given for—
(a) the grant of a particular lease or licence, or a particular type of lease or licence; or
(b) the creation of a particular interest under a lease or licence, or a particular type of interest; or
(c) if the Minister considers it appropriate—
(i) all leases or licences, or all leases or licences of a particular type, that may be granted by the trustee; or
(ii) the creation of all interests, or all interests of a particular type, that may be created under a lease or licence.
'(3) Subsection (4) applies if the Minister's prior written consent is required for the grant of a townsite sublease or licence by the lessee of a townsite lease, or for the creation of an interest under a townsite sublease or licence.
'(4) The Minister's consent may be given for—
(a) the grant of a particular townsite sublease or licence, or a particular type of townsite sublease or licence; or
(b) the creation of a particular interest under a townsite sublease or licence, or a particular type of interest; or
(c) if the Minister considers it appropriate—
(i) all townsite subleases or licences, or all townsite subleases or licences of a particular type, that may be granted by the lessee; or
(ii) the creation of all interests, or all interests of a particular type, that may be created under a townsite sublease or licence.
'The trustee of Torres Strait Islander land must not sell or mortgage the land.
'(1) The trustee of Torres Strait Islander land may grant a licence for the use of all or a part of the land only—
(a) to a Torres Strait Islander for not more than 30 years; or
(b) to the State for not more than 30 years; or
(c) to another person—
(i) for not more than 10 years; or
(ii) with the Minister's prior written consent, for more than 10 years but not more than 30 years.
'(2) The lessee of the townsite lease may grant a licence for the use of all or a part of the lease land only—
(a) to a Torres Strait Islander for not more than 30 years; or
(b) to the State for not more than 30 years; or
(c) to another person—
(i) for not more than 10 years; or
(ii) with the Minister's prior written consent, for more than 10 years but not more than 30 years.
'(1) A licence granted under section 56(1)(a) or (2)(a) is subject to the condition that an interest may be created under the licence in favour of a person who is not a Torres Strait Islander only if—
(a) the interest is in favour of the spouse, or former spouse, of a Torres Strait Islander or of a Torres Strait Islander who is deceased; or
(b) the interest is—
(i) for not more than 10 years; or
(ii) created with the Minister's prior written consent.
'(2) A licence granted under section 56(1)(b) or (c) or (2)(b) or (c) is subject to the condition that an interest can not be created under the licence.
'(3) A licence granted under section 56(1) or (2) can not be renewed or transferred.
'This subdivision applies to Torres Strait Islander land held by a land trust.
'(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) However, the trustee may transfer all or a part of the land to a CATSI corporation that is a registered native title body corporate 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.
'(3) 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 57C(1)(a)(ii) become the assets and liabilities of the transferee.
'(1) The trustee of the Torres Strait Islander land may apply to the Minister for an approval to transfer all or a part of the land.
'(2) The application must—
(a) be in the approved form; and
(b) if the transferee is a land trust—be accompanied by evidence satisfactory to the Minister of each matter mentioned in section 57C(1)(a) or (b) that applies to the transfer; and
(c) if the transferee is a CATSI corporation—be accompanied by evidence satisfactory to the Minister of the matters mentioned in section 57C(1)(c).
'(1) The Minister may give an approval to transfer the land only if satisfied—
(a) at least 75% of the transferor's members present at a general meeting of the transferor, agree to the transfer of—
(i) the land; and
(ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and
(b) if the transferee is a land trust—at least 75% of the transferee's members present at a general meeting of the transferee, agree to the transfer of—
(i) the land; and
(ii) the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and
(c) if the transferee is a CATSI corporation—
(i) the transferee agrees to the transfer; and
(ii) the transferee is qualified to hold the land; and
(d) it is appropriate in the circumstances to transfer the land.
'(2) If the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice.
'(3) The gazette notice must—
(a) include all of the following—
(i) the name of the transferor;
(ii) a description of the land being transferred;
(iii) details of each registered interest in the land being transferred;
(iv) a description of all Torres Strait Islander land, if any, that will be held by the transferor after the transfer;
(v) the name of the transferee;
(vi) a description of all Torres Strait Islander land that will be held by the transferee after the transfer; and
(b) if the transferor is a land trust that is dissolved under section 57A(3)(d)(i) because of the transfer—state the land trust will be dissolved.
'(4) In this section—
description, in relation to land, means the description of the land as shown in the freehold land register.
registered interest means an interest registered under the Land Title Act.
'On publication of the gazette notice the Torres Strait Islander land proposed to be transferred may be transferred to the transferee.
'(1) This subdivision applies to Torres Strait Islander land held by a CATSI corporation.
'(2) However, this subdivision does not apply to a transfer of Torres Strait Islander land from a registered native title body corporate (the original body corporate) to another registered native title body corporate that, under the Commonwealth Native Title Act, replaces the original body corporate.
'(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 another CATSI corporation that is qualified to hold the land (the transferee).
'(2) However, the trustee may transfer all or a part of the land to a CATSI corporation that is a registered native title body corporate 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.
'(3) The transferee holds the land for—
(a) the native title holders of the land, if—
(i) the transferee is a registered native title body corporate; and
(ii) the transferor and the transferee agree it is to be held for the native title holders; or
(b) otherwise—the benefit of the Torres Strait Islanders particularly concerned with the land and their ancestors and descendants.
'(1) The trustee of the Torres Strait Islander land may apply to the Minister for an approval to transfer all or a part of the land.
'(2) The application must be in the approved form.
'(1) The Minister may give an approval to transfer the land only if satisfied—
(a) the transferee agrees to the transfer; and
(b) the transferee is qualified to hold the land; and
(c) it is appropriate in the circumstances to transfer the land.
'(2) If the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice.
'(3) The gazette notice must include all of the following—
(a) the name of the transferor;
(b) a description of the land being transferred;
(c) the name of the transferee.
'(4) In this section—
description, in relation to land, means the description of the land as shown in the freehold land register.
'On publication of the gazette notice the Torres Strait Islander land proposed to be transferred may be transferred to the transferee.
'If a trustee of Torres Strait Islander land transfers all or a part of the land under this division, no fee or charge is payable by the trustee or the entity to whom the land is transferred in relation to lodgement and registration of any instrument in the land registry to give effect to the transfer.
'If a trustee deals with Torres Strait Islander land held by the trustee in a way that changes the description of the land as shown in the freehold land register, the trustee must as soon as practicable after the dealing happens give the chief executive written notice of the change.
'(1) A grant, transfer or other creation of an interest in Torres Strait Islander land in contravention of this division is void.
'(2) Subsection (1) does not apply to a registered interest.
'(1) An interest in Torres Strait Islander land can not be resumed, taken or otherwise compulsorily acquired, sold or dealt with other than under the Acquisition Act by a constructing authority.
'(2) However, an interest in Torres Strait Islander land may be taken under the Acquisition Act only for a relevant purpose.
'(3) To remove any doubt, it is declared that, for taking an interest in Torres Strait Islander land under the Acquisition Act, the Torres Strait Islander land is land as defined in that Act.
'(4) Subsection (1) has effect despite any other Act (whether enacted before or after the enactment of this section).
'(5) In this section—
relevant purpose means any purpose for which land may be taken under the Acquisition Act by a constructing authority, other than a purpose under—
(a) the Geothermal Energy Act 2010; or
(b) the Greenhouse Gas Storage Act 2009; or
(c) the Petroleum and Gas (Production and Safety) Act 2004; or
(d) the State Development and Public Works Organisation Act 1971.
'(1) The trustee of Torres Strait Islander land may grant a lease over all or a part of the land only if—
(a) the lease is for not more than 99 years and is granted to—
(i) a Torres Strait Islander; or
(ii) the State; or
(iii) another person; or
(b) the lease is a perpetual lease granted to a local government over land that is township land.
'(2) A lease mentioned in subsection (1)(a) is a standard lease.
'(3) A lease mentioned in subsection (1)(b) is a townsite lease.
'(4) Despite subsection (1)(a)(i)—
(a) a person who is not a Torres Strait Islander may be a party to a lease granted under the subsection if—
(i) the lease is for private residential purposes; and
(ii) the person is the spouse of a Torres Strait Islander; and
(b) a lease may be granted under the subsection for private residential purposes to a person who is not a Torres Strait Islander if the person is the spouse, or former spouse, of a Torres Strait Islander or of a Torres Strait Islander who is deceased.
'(1) This section applies to a standard lease under section 61(1)(a)(i).
'(2) If the lease is for more than 30 years it may be granted only—
(a) for private residential purposes; or
(b) with the Minister's prior written consent, for another purpose.
Examples of another purpose for paragraph (b)—
a commercial purpose or providing public infrastructure
'(3) The Minister may consent to the grant of the lease for another purpose under subsection (2)(b) only if—
(a) having regard to the nature of the lease, the Minister is satisfied the grant of the lease is for the benefit of persons for whom the trustee holds the land; and
(b) for a lease for more than 30 years and for a commercial purpose—the lease is granted over an entire lot as shown in the appropriate register.
Note—
For a lease for more than 30 years and for a commercial purpose, also see section 63A.
'(1) This section applies to a standard lease under section 61(1)(a)(ii).
'(2) If the standard lease is for more than 30 years it may be granted only—
(a) for a following purpose—
(i) a purpose under the Housing Act 2003;
(ii) providing public infrastructure;
(iii) providing residential accommodation for public service employees or police officers; or
(b) with the Minister's prior written consent, for another purpose.
Example of another purpose for paragraph (b)—
a commercial purpose
'(3) The Minister may consent to the grant of the lease for another purpose under subsection (2)(b) only if—
(a) having regard to the nature of the lease, the Minister is satisfied the grant of the lease is for the benefit of persons for whom the trustee holds the land; and
(b) for a lease for more than 30 years and for a commercial purpose—the lease is granted over an entire lot as shown in the appropriate register.
'(1) This section applies to a standard lease under section 61(1)(a)(iii).
'(2) The lease may be granted for a private residential purpose only if the lease supports a standard lease granted to the person for a commercial purpose.
'(3) If the lease is for more than 10 years it may be granted only with the Minister's prior written consent unless the lease is for—
(a) a commercial purpose and for not more than 30 years; or
(b) a private residential purpose to support a lease for a commercial purpose.
'(4) The Minister may consent to the grant of the lease only if—
(a) having regard to the nature of the lease, the Minister is satisfied the grant of the lease is for the benefit of persons for whom the trustee holds the land; and
(b) for a lease for more than 30 years and for a commercial purpose—the lease is granted over an entire lot as shown in the appropriate register.
'(1) A person seeking the Minister's consent to the grant of a standard lease must give the Minister the information or documents reasonably required by the Minister to show—
(a) the purpose of the lease; and
(b) that the grant of the lease is for the benefit of persons for whom the trustee holds the land; and
(c) if the lease is for more than 30 years—that the grant of the lease is appropriate in the circumstances.
'(2) Also, a person seeking the Minister's consent to the grant of a standard lease for more than 30 years for a commercial purpose must give the Minister—
(a) a business plan outlining the details of the commercial purpose of the lease, including, for example, financial details about any proposed development under the lease; and
(b) evidence to show that an appropriate return on the investment for the commercial purpose can not be obtained under a lease for not more than 30 years; and
(c) other information or documents reasonably required by the Minister to show the purpose of the lease.
'(3) In considering whether to give consent to the grant of a standard lease, the Minister—
(a) must have regard to the information or documents given to the Minister under subsection (1) or (2); and
(b) may have regard to other information the Minister considers relevant to the proposed lease.
'(4) Before giving consent to the grant of a standard lease for more than 30 years, the Minister must be satisfied—
(a) the trustee has complied with section 54A(1)(a) for the lease; and
(b) the Torres Strait Islanders particularly concerned with the lease land are generally in agreement with the grant of the lease.
'(1) Before the Minister consents to the grant of a standard lease for more than 30 years for a commercial purpose, the Minister must—
(a) obtain an independent assessment of—
(i) the business plan and evidence given to the Minister under section 63(2)(a) and (b); and
(ii) the proposed lessee's financial and managerial capabilities; and
(b) be satisfied, having regard to the independent assessment, that—
(i) any proposed development under the lease will be commercially viable; and
(ii) the evidence given under section 63(2)(b) satisfactorily shows that an appropriate return on the investment for the purpose of the lease can not be obtained under a lease for not more than 30 years; and
(iii) the proposed lessee's financial and managerial capabilities are appropriate for carrying out any proposed development under the lease.
'(2) The proposed lessee must pay the cost of the independent assessment.
'(3) The cost is not refundable.
'(1) This section applies if, under section 72, an interest under a standard lease may be created only with the Minister's written consent.
'(2) The Minister may consent to the creation of the interest only if—
(a) having regard to the nature of the interest, the Minister is satisfied the creation of the interest is for the benefit of persons for whom the trustee holds the lease land; and
(b) if the lease is for more than 30 years—
(i) the interest is consistent with the purpose for which the lease was granted; or
(ii) the interest would not diminish the purpose for which the lease was granted.
'(3) A person seeking the Minister's consent must give the Minister the information or documents relevant to the proposed interest reasonably required by the Minister, including, for example, information or documents to show that the creation of the interest is for the benefit of persons for whom the trustee holds the lease land.
'(1) A townsite lease may be granted only with the Minister's prior written consent.
'(2) The Minister may consent to the grant of a townsite lease only if—
(a) the lease is granted over an entire lot as shown in the appropriate register; and
(b) the Minister is satisfied that any existing interests in the land that is to be a town site under the lease are not inconsistent with the lease.
'(1) A person seeking the Minister's consent to the grant of a townsite lease must give the Minister the information or documents reasonably required by the Minister to show—
(a) the purpose of the lease; and
(b) the grant of the lease is for the benefit of persons for whom the trustee holds the lease land; and
(c) the grant of the lease—
(i) will facilitate the continued operation of a township on the lease land; and
(ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.
'(2) In considering whether to give consent to the grant of a townsite lease, the Minister—
(a) must have regard to the information or documents given to the Minister under subsection (1); and
(b) may have regard to other information the Minister considers relevant to the proposed lease.
'(3) Before giving consent to the grant of a townsite lease, the Minister must be satisfied—
(a) the trustee has complied with section 54A(1)(a) for the lease; and
(b) the Torres Strait Islanders particularly concerned with the lease land are generally in agreement with the grant of the lease; and
(c) the grant of the lease—
(i) will facilitate the continued operation of a township on the lease land; and
(ii) will not prevent residents of the township land from continuing to live on and access the land, or from obtaining tenure over the land under this Act.
'(1) A townsite lease must not be transferred or amended without—
(a) the agreement of both the trustee and the lessee of the lease land; and
(b) the Minister's prior written consent.
'(2) A person seeking the Minister's consent to the transfer or amendment of a townsite lease must give the Minister the information or documents relevant to the proposed transfer or amendment reasonably required by the Minister.
'(3) In considering whether to consent to the transfer of a townsite lease, the Minister must consider whether the proposed transferee can comply with the conditions of the lease.
'(4) The Minister may consent to the amendment of a townsite lease only if satisfied—
(a) the amendment does not significantly change the conditions of the townsite lease; and
(b) the amendment will not diminish the purpose of the lease.
'(5) A townsite lease must not be transferred to a person who, under this Act, would not be entitled to a grant of the lease.
'(1) A townsite lease, and any transfer, amendment or surrender of a townsite lease, must be registered.
'(2) Despite the Land Title Act, section 65(2) the instrument of lease for a townsite lease must include a plan of survey identifying the lease land.
'A townsite lease must not be surrendered without the Minister's prior written consent.
'A townsite lease can not be forfeited.
'(1) Subsection (2) applies if a townsite lease is granted over Torres Strait Islander land that is, immediately before the grant of the lease, the subject of a following lease (each a continued lease)—
(a) a lease granted under the Land Holding Act; or
(b) a lease under the Land Act; or
(c) a trustee (Torres Strait Islander) lease.
'(2) On the grant of the townsite lease—
(a) the continued lease continues in force and is taken to be a townsite sublease; and
(b) the lessee for the townsite lease is substituted for the lessor as a party to the continued lease.
Note—
Under section 31(2) the trustee of the Torres Strait Islander land is the lessor of the continued lease.
'(3) Section 31(3) applies for the continued lease as if the reference in that subsection to the trustee of the land were a reference to the lessee of the townsite lease.
'(1) The lessee of a townsite lease may grant a sublease (a townsite sublease) over all or a part of the lease land.
'(2) A townsite sublease may not be granted for more than 99 years and may be granted only to—
(a) a Torres Strait Islander; or
(b) the State; or
(c) another person.
'(3) Despite subsection (2)(a)—
(a) a person who is not a Torres Strait Islander may be a party to a sublease granted under the subsection if—
(i) the sublease is for private residential purposes; and
(ii) the person is the spouse of a Torres Strait Islander; and
(b) a sublease may be granted under the subsection for private residential purposes to a person who is not a Torres Strait Islander if the person is the spouse, or former spouse, of a Torres Strait Islander or of a Torres Strait Islander who is deceased.
'(1) This section applies to a townsite sublease under section 68(2)(a).
'(2) If the sublease is for more than 30 years, it may be granted only—
(a) for private residential purposes; or
(b) with the Minister's prior written consent, for another purpose.
Examples of another purpose for paragraph (b)—
a commercial purpose or providing public infrastructure
'(3) The Minister may consent to the grant of the sublease for another purpose under subsection (2)(b) only if—
(a) having regard to the nature of the sublease, the Minister is satisfied the grant of the sublease would not diminish the purpose for which the townsite lease was granted; and
(b) for a townsite sublease for more than 30 years and for a commercial purpose—the sublease is granted over an entire lot as shown in the appropriate register.
Note—
For a lease for more than 30 years and for a commercial purpose, also see section 70A.
'(1) This section applies to a townsite sublease under section 68(2)(b).
'(2) If the sublease is for more than 30 years it may be granted only—
(a) for a following purpose—
(i) a purpose under the Housing Act 2003;
(ii) providing public infrastructure;
(iii) providing residential accommodation for public service employees or police officers; or
(b) with the Minister's prior written consent, for another purpose.
Example of another purpose for paragraph (b)—
a commercial purpose
'(3) The Minister may consent to the grant of the sublease for another purposes under subsection (2)(b) only if—
(a) having regard to the nature of the sublease, the Minister is satisfied the grant of the sublease would not diminish the purpose for which the townsite lease was granted; and
(b) for a townsite sublease for more than 30 years and for a commercial purpose—the sublease is granted over an entire lot as shown in the appropriate register.
'(1) This section applies to a townsite sublease under section 68(2)(c).
'(2) The sublease may be granted for a private residential purpose only if the sublease supports a sublease granted to the person for a commercial purpose.
'(3) If the townsite sublease is for more than 10 years it may be granted only with the Minister's prior written consent unless the sublease is for—
(a) a commercial purpose and for not more than 30 years; or
(b) a private residential purpose to support a sublease for a commercial purpose.
'(4) The Minister may consent to the grant of the townsite sublease only if—
(a) having regard to the nature of the sublease, the Minister is satisfied the grant of the sublease would not diminish the purpose for which the townsite lease was granted; and
(b) for a townsite sublease for more than 30 years and for a commercial purpose—the sublease is granted over an entire lot as shown in the appropriate register.
'(1) A person seeking the Minister's consent to the grant of a townsite sublease must give the Minister the information or documents reasonably required by the Minister to show—
(a) the purpose of the sublease; and
(b) the sublease will not diminish the purpose for which the townsite lease was granted; and
(c) if the sublease is for more than 30 years—that the grant of the sublease is appropriate in the circumstances.
'(2) Also, a person seeking the Minister's consent to the grant of a townsite sublease for more than 30 years for a commercial purpose must give the Minister—
(a) a business plan outlining the details of the commercial purpose of the sublease, including, for example, financial details about any proposed development under the sublease; and
(b) evidence to show that an appropriate return on the investment for the commercial purpose can not be obtained under a sublease for not more than 30 years; and
(c) other information or documents reasonably required by the Minister to show the purpose of the sublease.
'(3) In considering whether to give consent to the grant of a townsite sublease, the Minister—
(a) must have regard to the information or documents given to the Minister under subsection (1) or (2); and
(b) may have regard to other information the Minister considers relevant to the proposed sublease.
'(4) Before giving consent to the grant of a townsite sublease for more than 30 years, the Minister must be satisfied the grant of the sublease will not diminish the purpose for which the townsite lease was granted.
'(1) Before the Minister consents to the grant of a townsite sublease for more than 30 years for a commercial purpose, the Minister must—
(a) obtain an independent assessment of—
(i) the business plan and evidence given to the Minister under section 70(2)(a) and (b); and
(ii) the proposed sublessee's financial and managerial capabilities; and
(b) be satisfied, having regard to the independent assessment, that—
(i) any proposed development under the sublease will be commercially viable; and
(ii) the evidence given under section 70(2)(b) satisfactorily shows that an appropriate return on the investment for the purpose of the sublease can not be obtained under a sublease for not more than 30 years; and
(iii) the proposed sublessee's financial and managerial capabilities are appropriate for carrying out any proposed development under the lease.
'(2) The proposed sublessee must pay the cost of the independent assessment.
'(3) The cost is not refundable.
'(1) This section applies if, under section 72, an interest under a townsite sublease may be created only with the Minister's written consent.
'(2) The Minister may consent to the creation of the interest only if—
(a) the interest is consistent with the purpose for which the townsite lease was granted; or
(b) the interest would not diminish the purpose for which the townsite lease was granted.
'(3) A person seeking the Minister's consent must give the Minister the information or documents relevant to the proposed interest reasonably required by the Minister, including, for example, information or documents to show that the creation of the interest would not diminish the purpose for which the townsite lease was granted.
'In this division—
lease means—
(a) a standard lease; or
(b) a townsite sublease.
lessor means—
(a) for a standard lease—the trustee of the lease land; or
(b) for a townsite sublease—the lessee of the townsite lease under which the townsite sublease is granted.
'(1) A lease is subject to a condition that an interest, other than a mortgage of the lease, for a term of more than 10 years may be created under the lease only with the Minister's prior written consent.
Note—
For requirements for the Minister's consent, see sections 63B and 70B.
'(2) Despite subsection (1)—
(a) an interest under a lease granted under section 61(1)(a)(i) or 68(2)(a) may be created without the Minister's prior written consent if the interest is in favour of—
(i) a Torres Strait Islander; or
(ii) another person who is not a Torres Strait Islander if the person is the spouse, or former spouse, of a Torres Strait Islander or of a Torres Strait Islander who is deceased; and
(b) an interest under another lease may be created without the Minister's prior written consent if, under this part, the grant of the lease did not require the consent of the Minister.
'(3) A lease may include a condition that—
(a) a stated standard terms document under the Land Title Act forms part of the lease; or
(b) the lease must not be transferred without the lessor's prior written consent; or
(c) an interest under the lease, other than a mortgage of the lease, must not be created without the lessor's prior written consent.
'(4) If a lease includes a condition mentioned in subsection (3)(b) or (c), the lessor must not unreasonably withhold consent to the transfer or creation of an interest under the lease.
'(5) A lease may be mortgaged without the consent of the Minister or the lessor.
'(6) Subject to subsection (5), this section does not limit the conditions that may be imposed on a lease.
'(1) A lease granted for private residential purposes is subject to all of the following conditions—
(a) if the lease is granted under section 61(1)(a)(i) or 68(2)(a)—
(i) it must be for 99 years; and
(ii) the annual rental under the lease is the amount, of not more than $1, decided by the lessor; and
(iii) the consideration payable for the lease must include, as a lump sum payment, an amount equal to the value of the lease land as decided by the lessor using at least 1 of the following—
(A) a valuation methodology decided by the chief executive;
(B) the benchmark purchase price, as prescribed under a regulation, for land in the part of the State in which the lease land is situated; and
(iv) the lease land must be used primarily for private residential use;
(b) if a private residential premises is not situated on the lease land when the lease is granted—the lessee must ensure a private residential premises is built on the land within 8 years after the lease is granted;
(c) an interest may be created under the lease only if the interest is a residential tenancy or a mortgage of the lease.
'(2) A lessor may grant a lease under section 61(1)(a)(i) or 68(2)(a) for private residential purposes only if the amount mentioned in subsection (1)(a)(iii) has been paid to the lessor.
'(3) The chief executive—
(a) must, if requested, give a person a copy of the valuation methodology mentioned in subsection (1)(a)(iii); and
(b) may make the valuation methodology available for inspection on the department's website.
'(1) This section applies if—
(a) a lessor proposes to grant a lease for private residential purposes; and
(b) a dwelling is situated on the land the subject of the proposed lease.
'(2) The lessor must give the housing chief executive written notice of the lessor's intention to grant the lease.
'(3) Within 28 days after receiving the notice, the housing chief executive must give the lessor a written notice stating whether the housing chief executive considers the dwelling has been used to provide subsidised housing for residential use.
'(4) The lessor must not grant the lease before receiving the housing chief executive's notice under subsection (3).
'(5) Subsections (6) to (10) apply if the notice states the housing chief executive considers the dwelling has been used to provide subsidised housing for residential use.
'(6) The lessor must, before the lease is granted, decide the value of the dwelling by using a valuation methodology agreed between the lessor and the housing chief executive.
'(7) The consideration payable for the lease must include, as a lump sum payment, an amount equal to the value of the dwelling decided under subsection (6).
'(8) The lessor may grant the lease only—
(a) with the written approval of the housing chief executive; and
(b) if the amount mentioned in subsection (7) has been paid to the lessor.
'(9) In considering whether to give an approval, the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be used to provide subsidised housing for residential use.
'(10) If the lessor grants the lease, the lessor must, within 28 days after the lease is registered, give the housing chief executive—
(a) a written notice stating—
(i) the day the lease was registered; and
(ii) the names of the parties to the lease; and
(b) evidence showing the amount mentioned in subsection (7) for the dwelling was paid to the lessor; and
(c) evidence showing the amount decided by the lessor under section 72A(1)(a)(iii) for the lease land was paid to the lessor.
Note—
The amount mentioned in subsection (7) must be used by the lessor as required under section 133A.
'(11) This section does not limit section 72A.
'(12) In this section—
housing chief executive means the chief executive of the department in which the Housing Act 2003 is administered.
'(1) A lease or a sublease of a lease, other than a lease for private residential purposes, may include an option to renew the lease or sublease.
'(2) The term of a renewed lease or sublease must not be more than the initial term of the lease or sublease.
'(1) A lease or a sublease of a lease must not be transferred or amended without—
(a) if, under a condition of the lease, the transfer or amendment of the lease or sublease requires the consent of the lessor—the lessor's prior written consent; and
(b) if, under this part, the grant of the lease or sublease requires the consent of the Minister—the Minister's prior written consent.
'(2) A person seeking the Minister's consent to the transfer or amendment of a lease or sublease must give the Minister the information or documents relevant to the proposed transfer or amendment reasonably required by the Minister.
'(3) In considering whether to consent to the transfer of a lease or sublease, the Minister must consider whether the proposed transferee can comply with the conditions of the lease.
'(4) The Minister may consent to the amendment of a lease or sublease only if the Minister is satisfied—
(a) the amendment does not significantly change the conditions of the lease or sublease; and
(b) the amended lease or sublease—
(i) for a standard lease—is for the benefit of persons for whom the trustee holds the land; or
(ii) for a townsite sublease—will not diminish the purpose of the relevant townsite lease.
'(5) Before the Minister consents to the transfer of a lease for more than 30 years for a commercial purpose, the Minister must—
(a) obtain an independent assessment of the proposed transferee's financial and managerial capabilities; and
(b) be satisfied, having regard to the independent assessment, that the proposed transferee's financial and managerial capabilities are appropriate for complying with the conditions of the lease.
'(6) The proposed transferee must pay the cost of the independent assessment.
'(7) The cost is not refundable.
'(8) A lease or sublease of a lease must not be transferred to a person who, under this Act, would not be entitled to a grant of the lease.
'(1) All leases, and any sublease of a lease or transfer, amendment or surrender of a lease or sublease, must be registered.
'(2) Despite the Land Title Act, section 65(2), an instrument of lease for Torres Strait Islander land, must include a plan of survey identifying the lease land.
'(3) Subsection (2) does not apply to a lease entered into only in relation to an area completely within a building.
'In this division—
lessee means—
(a) for a residential lease that is a standard lease—the lessee under the lease; or
(b) for a residential lease that is a townsite sublease—the sublessee under the sublease.
lessor means—
(a) for a residential lease that is a standard lease—the trustee of the lease land; or
(b) for a residential lease that is a townsite sublease—the lessee of the townsite sublease under which the townsite sublease is created.
residential lease means—
(a) a standard lease granted under section 61(1)(a)(i) for private residential purposes; or
(b) a townsite sublease granted under section 68(2)(a) for private residential purposes.
'This division applies to all residential leases.
'(1) A residential lease may be forfeited only if—
(a) the lessee breaches a relevant condition of the lease and fails to remedy the breach within 6 months after receiving written notice of the breach from the lessor; or
(b) the lessee acquired the lease by fraud.
'(2) In this section—
relevant condition, of a residential lease, means—
(a) a condition of the lease mentioned in section 72A(1)(b); or
(b) another condition, if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease.
'(1) Before the residential lease is forfeited, the lessor must refer the matter to the Land Court to decide whether the lease may be forfeited.
'(2) The lessor must give the lessee, and any mortgagee of the lease, at least 28 days written notice of the lessor's intention to refer the matter to the Land Court.
'(3) The notice must state the grounds on which the lessor considers the lease may be forfeited.
'(4) In deciding whether the lease may be forfeited, the Land Court must have regard to—
(a) the stated grounds; and
(b) if the lease is proposed to be forfeited because of a breach of a condition of the lease—whether the court considers the breach is of a serious nature and warrants forfeiture of the lease.
'(5) The lessor must file a copy of the notice in the Land Court at the same time as the lessor refers the matter to the court.
'If the Land Court decides the residential lease may be forfeited, the lessor may—
(a) forfeit the lease under this subdivision; or
(b) if the proposed forfeiture is because of a breach of a condition of the lease—decide not to forfeit the lease, but instead to allow the lease to continue subject to the lease being amended to include conditions agreed between the lessor and the lessee.
'(1) If the lessor forfeits the residential lease, the lessor must, within 60 days after receiving notice of the Land Court's decision about forfeiture of the lease, give written notice that the lease is forfeited to—
(a) the lessee and any mortgagee of the lease; and
(b) the registrar.
'(2) On receiving the notice, the registrar must record the forfeiture of the lease in the appropriate register.
'(3) The forfeiture of the lease takes effect on the day the registrar acts under subsection (2).
'(4) On forfeiture of the lease—
(a) the lease ends; and
(b) the lessee is divested of any interest in the lease; and
(c) any person occupying the lease land must immediately vacate the land.
'(1) This section applies to the residential lease if—
(a) a matter has been referred to the Land Court for forfeiture of the lease; and
(b) after the referral but before the Land Court makes its decision on the matter, the term of the lease would, but for subsection (2), end.
'(2) The term of the lease is taken to continue until—
(a) if the lease is forfeited—notice of its forfeiture is given to the registrar under this subdivision; or
(b) otherwise—the end of 60 days after the lessor receives notice of the Land Court's decision.
'(3) Subsection (2) applies to the lease despite the provisions of the lease and any other provision of this Act.
'(1) This section applies if the lessee under a residential lease has not, under section 76A, applied for renewal of the lease at least 1 year before the term of the lease ends.
'(2) The lessor must, as soon as practicable, give the lessee written notice stating—
(a) the day the term of the lease ends; and
(b) that the lessee may apply under this subdivision for renewal of the lease and how the lessee may apply.
'(1) The lessee may apply in writing to the lessor to renew the residential lease.
'(2) The application must be made not more than 2 years before the term of the lease ends.
'(3) The application must—
(a) state the name of the lessee; and
(b) include information to identify the lease.
'The lessor must, within 6 months after an application is made under section 76A, consider the application and decide to renew or not to renew the residential lease.
'(1) If the lessor decides to renew the residential lease, the lessor must give the lessee—
(a) written notice of the decision; and
(b) a copy of the renewed lease.
'(2) The renewed lease—
(a) must be for the same term as the lease it replaces (the replaced lease); and
(b) has effect immediately after the replaced lease ends; and
(c) is subject to all the conditions to which the replaced lease was subject immediately before it ended.
'(3) No amount is payable under section 72A(1)(a)(iii) for the renewed lease.
'(4) Also, section 72B does not apply for the renewal of the lease.
'The lessor may decide not to renew the residential lease only if the lessor is satisfied the lease land is not being used for private residential purposes.
'If the lessor decides not to renew the residential lease, the lessor must give the lessee a written notice stating the following—
(a) that the lessor has decided not to renew the lease;
(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.
'(1) This section applies to the residential lease if—
(a) the lessee has applied to renew the lease under this subdivision; and
(b) before the lessor makes its decision on the application, the term of the lease would, but for subsection (2), end.
'(2) The term of the lease is taken to continue until notice of the lessor's decision is given to the lessee under this subdivision.
'(3) Subsection (2) applies to the lease despite the provisions of the lease and any other provision of this Act.
'(1) If the lessor forfeits or decides not to renew the lease, the lessor must allow the lessee to remove the lessee's improvements on the lease land within a reasonable period decided by the lessor.
'(2) If the improvements are not removed within the period, they become the property of the lessor.
'(1) If the lessor forfeits or decides not to renew the residential lease, the lessor must pay to the person who was the lessee the amount worked out under subsection (2) (the required amount).
'(2) The required amount is the amount equal to the combined value of the following (the maximum amount) less any amounts deducted from the maximum amount under section 77C—
(a) the value of the lease land on the day the lease is forfeited or ends; and
(b) the value of the lessee's improvements on the land that become the property of the lessor.
'(3) The value of the lease land is the amount as decided by the lessor using the valuation methodology mentioned in section 72A(1)(a)(iii).
'(4) The value of any improvements on the lease land must be assessed as the market value of the improvements in a sale of a lease of the same term and tenure as the forfeited or non-renewed lease.
'(5) Subject to subsections (3) and (4), the lessor must decide the required amount.
'(6) The lessor must decide the required amount as soon as practicable after giving the person notice that the lease is forfeited or not renewed.
'(7) On deciding the required amount, the lessor must give the person written notice of the decision.
'(8) The notice must state—
(a) the required amount; and
(b) that the person may appeal to the Land Court against the decision within 28 days after receiving the notice; and
(c) how the person may appeal.
'(9) This section is subject to section 77B.
'If the lessor can not find the person entitled to receive the required amount, or the person does not collect the amount from the lessor within 9 years after the day the lease is forfeited or not renewed, the required amount is forfeited to the lessor.
'If the lessor forfeits or decides not to renew the residential lease, the lessor may deduct the following amounts from the maximum amount—
(a) an amount in payment of all costs properly incurred by the lessor in forfeiting or not renewing the lease;
(b) an amount in payment of expenses incurred by the lessor to rectify damage caused to the lease land by the person who was the lessee;
(c) any amount owing to the lessor by the person under the lease;
(d) any amount owing to a mortgagee of the lease by the person under a mortgage of the lease.
'(1) This section applies if the lessor forfeits or decides not to renew the residential lease and, under a mortgage of the lease, an amount is owing to a mortgagee of the lease by the person who was the lessee.
'(2) The lessor must pay to the mortgagee—
(a) if the amount that may be deducted from the maximum amount under section 77C(d) is less than the difference between the maximum amount and the amounts deducted under section 77C(a), (b) or (c)—the amount that may be deducted from the maximum amount under section 77C(d); or
(b) otherwise—the amount equal to the difference between the maximum amount and the amounts deducted under section 77C(a), (b) or (c).
'(3) The lessor must pay the amount payable under subsection (2) to the mortgagee—
(a) if no appeal is made to the Land Court about the required amount payable to the person who was the lessee—within 28 days after the time for making an appeal ends; or
(b) if an appeal is made to the Land Court about the required amount—within 28 days after the appeal is finally decided.
'(4) If the lessor pays an amount to the mortgagee in relation to a mortgage of the lease, the mortgagee must use the amount in discharge of the mortgage.
'(1) This section applies to a lease granted for an initial term of—
(a) not more than 10 years; or
(b) at least 10 years but not more than 30 years.
'(2) For the purposes of section 54A and this part, the lease is taken to be a lease for more than 10 years or more than 30 years if the lease includes an option to renew or extend the lease that, if exercised, would extend the term of the lease for more than 10 years or more than 30 years.
'(3) In this section—
lease means a standard lease or a townsite sublease.
'(1) This section applies to an instrument of lease for a residential lease.
'(2) No fee or charge is payable for—
(a) the lodgement and registration of the instrument in the land registry; or
(b) the provision by the registrar of titles of other services for the lodgement and registration of the instrument.
'(1) A person who is beneficially entitled under a will to a residential lease may ask the lessor—
(a) to give the person a written notice stating whether or not the person is entitled to a grant of the lease under this Act; and
(b) if, under a condition of the lease, the lease can not be transferred without the lessor's written consent—for written notice of the lessor's consent to the transfer of the lease.
Note—
Under section 72, the lease may include a condition that it must not be transferred without the lessor's prior written consent.
'(2) The lessor must comply with a request under subsection (1) as soon as practicable after receiving the request.
'If this Act provides that Torres Strait Islanders be generally in agreement with a grant, consent or agreement about Torres Strait Islander land, the agreement of the Torres Strait Islanders is taken to have been given when—
(a) if there is a particular process of decision-making that, under the Island custom of the Torres Strait Islanders, must be complied with for decisions of that kind—the decision was made under the process; or
(b) otherwise—the decision was made under the process of decision-making agreed to and adopted by the Torres Strait Islanders for the decision or for decisions of that kind.
'(1) This section applies if this Act provides that the trustee of Torres Strait Islander land is required to make a decision about the land, including, for example, a decision about whether to grant an interest in the land, consent to the creation of a mining interest in the land or enter into an agreement about the land.
'(2) The trustee must—
(a) have regard to—
(i) if the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or
(ii) if subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or
(b) if there is no decision-making process mentioned in paragraph (a)(i) or relevant Island custom—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind.'.