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ABORIGINAL LAND AND TORRES STRAIT ISLANDER LAND AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 26 - SECT 25

25 Replacement of s 19 (Lands that are available State land—general)

Section 19—

omit, insert—

'(1) Land is available State land if it is—

(a) land, other than excluded land, in which no person other than the State has an interest; or
(b) land, other than excluded land, that is subject to an interest granted by the State, if an available State land agreement is in force for the land; or
(c) land inside the Torres Strait area that is land—
(i) in which no person other than the State has an interest; and
(ii) declared under a regulation to be available State land.

'(2) Subsection (1) is subject to sections 20 and 21.

'(3) In this section—

interest means a legal or equitable interest in the land but does not include native title, a mining interest or an easement.

'(1) The Minister may enter into a written agreement (an available State land agreement) about land, other than excluded land—

(a) with a person who has an interest in the land granted by the State; and
(b) under which the State and the person agree that the land may be available State land.

'(2) The Minister may enter into an available State land agreement for particular land only if satisfied that entering into the agreement is appropriate in the circumstances having regard to an evaluation of the land under the Land Act, section 16.

'(3) An available State land agreement must provide that on the grant of the land under part 3 the person's interest in the land is to cease and a new interest granted by the trustee of the land is to have effect in substitution for the person's interest.

'(4) However, if the interest is a lease granted under the Land Act the agreement may provide that the lease is to continue in force under section 33.

'(5) Subsection (6) applies if a proposed available State land agreement is to state that a person's interest in land is to cease and a new interest granted by the proposed trustee of the land is to have effect in substitution for the person's interest.

'(6) To remove any doubt, it is declared that the Minister need not enter into the available State land agreement unless satisfied a new interest granted by the proposed trustee of the land is to have effect in substitution for the person's interest in the land.'.



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