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ABORIGINAL LAND AND TORRES STRAIT ISLANDER LAND AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 26 - SECT 91

91 Amendment of schedule (Dictionary)

(1) Schedule, definitions Aboriginal land claim association, Aboriginal lease, Aboriginal (non-transferred land) lease, Aboriginal (transferred land) lease, land claims registrar, land trust, lease, maximum amount, registrar of titles, Torres Strait Islander, transferee, transferor and trustee (Aboriginal) lease—

omit.

(2) Schedule—

insert—

'Aboriginal land holding entity register see section 82AAA(1).

accepted representations see section 130AG(2).

account, for part 8A, division 5, see section 130C.

available State land agreement see section 19A(1).

CATSI corporation means a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth).

decision-maker, for part 8C, means—

(a) for a decision mentioned in section 130S(1) or (4)—the Minister; or
(b) for a decision mentioned in section 130S(2) or (3) about forfeiture or non-renewal of a lease—the lessor of the lease land.

excluded land means any of the following—

(a) land inside the Torres Strait area;
(b) city or town land or township land;
(c) a reserve under the Land Act;
(d) land that is set apart and declared as a State forest or timber reserve under the Forestry Act 1959;
(e) a road;
(f) a stock route;
(g) land subject to a special mining Act;
(h) land that has become unallocated State land, if a person has a right, other than under this Act, against the State to the grant of an interest in that land.

executive committee, of a land trust, means the committee of the land trust—

(a) primarily responsible for the management of the land trust; and
(b) consisting of the following—
(i) the chairperson of the land trust;
(ii) the deputy chairperson and secretary, if any, of the land trust;
(iii) the persons holding another executive office of the land trust.

holder, for part 8A, division 5, see section 130C.

ILUA means an indigenous land use agreement noted in the ILUA register.

ILUA register means the Register of Indigenous Land Use Agreements under the Commonwealth Native Title Act, section 253.

information, for part 8A, division 4, see section 130A.

Land Holding Act means the Aborigines and Torres Strait Islanders (Land Holding) Act 1985.

land trust means—
(a) an entity—
(i) formed through the incorporation, under the repealed regulation, of persons as a land trust; and
(ii) either established under section 146 or in existence immediately before the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011, part 3; or
(b) an entity taken to be incorporated as a land trust under section 145.

lease—

1 Lease—
(a) for part 5AB, division 5, see section 82YS; or
(b) for part 5E, see section 83OA.
2 A lease does not include a residential tenancy agreement.

lessee, for part 5AB, division 6, see section 82YZ.

lessor—

(a) for part 5AB, division 5, see section 82YS; or
(b) for part 5AB, division 6, see section 82YZ; or
(c) for part 5E, see section 83OA.

maximum amount see section 82ZN(2).

member, of a land trust, means each person who, for the time being, is a member of the land trust, including, for example—

(a) an initial grantee of Aboriginal land held by the land trust; and
(b) another person appointed by the Minister as trustee of the Aboriginal land held by the land trust; and
(c) a person appointed by the Minister or the land trust as a member of the land trust.

prescribed DOGIT land means land comprised in any of the following deeds of grant in trust held for the benefit of Islander inhabitants—

(a) deed of grant in trust (title reference 21328057) for Bamaga;
(b) deed of grant in trust (title reference 21296131) for Hammond Island;
(c) deed of grant in trust (title reference 21352022) for Seisia.
prescribed reserve land see section 83ZE.

previous, for part 11, division 3, see section 144.

proposed action see section 130AF(3)(a).

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

(a) membership of the CATSI corporation is restricted to Aboriginal people particularly concerned with the land; or
(b) the CATSI corporation is a trustee of a trust the beneficiaries of which are restricted to Aboriginal people particularly concerned with the land.

registrar of titles means the registrar of titles under the Land Title Act.

repealed regulation means the repealed Aboriginal Land Regulation 1991.

required amount see section 82ZN(1).

residential lease see section 82YZ.

residential tenancy means a residential tenancy under the Residential Tenancies and Rooming Accommodation Act 2008.

show cause notice see section 130AF(2).

show cause period see section 130AF(3)(e).

standard lease see section 82W(2).

Torres Strait Islander means a person who is a descendant of an indigenous inhabitant of the Torres Strait Islands.

Torres Strait Islander particularly concerned with the land, for land that is or was prescribed DOGIT land, means a Torres Strait Islander who lives on the land.

townsite lease see section 82W(3).

townsite sublease see section 82YL(1).

transferee—

(a) for part 5A, division 4, subdivision 1, see section 82H(1); and
(b) for part 5A, division 4, subdivision 2, see section 82M(1).

transferor—

(a) for part 5A, division 4, subdivision 1, see section 82H(1); and
(b) for part 5A, division 4, subdivision 2, see section 82M(1).

trustee (Aboriginal) lease see section 83R.

trust money, for part 8A, division 5, see section 130C.

trust property, in relation to a land trust or a member of a land trust, includes—

(a) income derived from Aboriginal land held by the land trust; and
(b) amounts paid to the land trust in relation to—
(i) the grant of an interest in the land; or
(ii) the creation of a mining interest in the land; or
(iii) an agreement entered into in relation to the land; and
(c) amounts paid by any person or governmental authority, or any other property, that is received or acquired by the land trust or for the land trust by a member of the land trust.'.

(3) Schedule, definition available State land, from ' section 19,'—

omit, insert—

'section 19.'.

(4) Schedule, definition registrar, paragraph (a), 'under the Land Title Act'—

omit.

(5) Schedule, definition trustee, paragraph (a), 'for a provision about'—

omit, insert—

'in relation to'.



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