Queensland Numbered Acts

ABORIGINAL LAND AND TORRES STRAIT ISLANDER LAND AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 26 - SECT 30

Section 28—

omit, insert—

'(1) This section applies if the Minister does not appoint, under section 27A, 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; or

(c) the Aurukun Shire Council, if the land is Aurukun Shire lease land; or

(d) the Mornington Shire Council, if the land is Mornington Shire lease land.

'(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, Aboriginal people 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 Aboriginal people particularly concerned with the land may be adversely affected by the appointment; and

(b) if the Minister is satisfied any Aboriginal people 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 Aboriginal people.

'(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 27A(4)(b) and (c).

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

'(9) Despite subsection (8), the Minister may appoint the Aurukun Shire Council or Mornington Shire Council to be a grantee if the Minister considers that in all the circumstances it is appropriate to do so.'.