Queensland Numbered Acts

ABORIGINAL LAND AND TORRES STRAIT ISLANDER LAND AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 26 - SECT 70

After section 83Y—

insert—

'This division applies to prescribed DOGIT land.

'(1) Despite any other provision of this Act, prescribed DOGIT land may be—

(a) granted under part 3; and

(b) held by a trustee for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.

'(2) If the land is held as mentioned in subsection (1)(b), the land may, for any dealing with the land under this Act or another Act, be called Aboriginal and Torres Strait Islander land.

'Before the land is granted under part 3, the Minister must—

(a) consult with Aboriginal people and Torres Strait Islanders particularly concerned with the land—

(i) to identify how the continued use of, and access to, the land by the Aboriginal people and Torres Strait Islanders can be achieved; and

(ii) about how the Aboriginal people and Torres Strait Islanders want the land to be held under this Act; and

(b) consider the views of the Aboriginal people and Torres Strait Islanders mentioned in paragraph (a).

'(1) The following provisions apply in relation to the land as if a reference in the provisions to Aboriginal people includes a reference to Torres Strait Islanders—

(a) section 87(6) and (7);

(b) section 131(2).

'(2) However, subsection (1)(a) applies for prescribed DOGIT land that is transferred land only if the land is held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.

'(1) This section applies if the land is to be or is—

(a) granted under part 3; and

(b) held for the benefit of Aboriginal people and Torres Strait Islanders particularly concerned with the land, and their ancestors and descendants.

'(2) The following provisions apply in relation to the land as if a reference in the provisions to Aboriginal people includes a reference to Torres Strait Islanders—

(a) sections 27A and 28;

(b) section 29;

(c) section 82B;

(d) section 82H;

(e) section 82M;

(f) section 82YB;

(g) section 82YF;

(h) sections 83M and 83N;

(i) section 86;

(j) section 88;

(k) section 132;

(l) section 136A.

'(3) The schedule, definition qualified, applies in relation to the land as follows—

qualified, for a CATSI corporation that holds, or proposes to hold, Aboriginal land under this Act that is prescribed DOGIT land, means—

(a) membership of the CATSI corporation is restricted to—

(i) Aboriginal people particularly concerned with the land; or

(ii) Aboriginal people and 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—

(i) Aboriginal people particularly concerned with the land; or

(ii) Aboriginal people and Torres Strait Islanders particularly concerned with the land.

'(4) Section 28A applies in relation to the land as if a reference in the section to an Aboriginal person includes a reference to a Torres Strait Islander.

'(5) The following provisions apply in relation to the land as if a reference in the provisions to an Aborigine includes a reference to a Torres Strait Islander—

(a) sections 82E and 82F;

(b) section 82W;

(c) section 82YT.

'(6) Sections 83M and 83N apply in relation to the land as if a reference in the sections to Aboriginal tradition included a reference to Island custom.

'(7) In this section—

Island custom see the Torres Strait Islander Land Act 1991, section 8.

'Prescribed reserve land means any of the following land that is situated on Thursday Island and prescribed under a regulation for this section—

(a) land reserved and set apart under the repealed Land Act 1962 for an Aboriginal reserve or for the benefit of Aboriginal inhabitants;

(b) land dedicated under the Land Act as a reserve for Aboriginal purposes or the provision of services beneficial to Aboriginal people particularly concerned with the land.

'Sections 82W and 82YT apply in relation to prescribed reserve land as if a reference in the provisions to an Aborigine includes a reference to a Torres Strait Islander.'.