Aboriginal and Torres Strait Islander Land Amendment Act 2008 (Qld)

Queensland Aboriginal and Torres Strait Islander Land Amendment Act 2008 Act No. 29 of 2008

Queensland Aboriginal and Torres Strait Islander Land Amendment Act 2008 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of Aboriginal Land Act 1991 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Omission of s 5 (Meaning of native title interests) . . . . . . . . . . . . 18 Replacement of s 6 (Crown bound) . . . . . . . . . . . . . . . . . . . . . . . 18 6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 10 (Meaning of Aboriginal land) . . . . . . . . . . . . 19 Amendment of s 11 (Meaning of transferable and transferred land) .......................................... 19 Amendment of s 12 (Lands that are transferable lands) . . . . . . . 19 Amendment of s 13 (DOGIT land) . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendment of s 15 (Aurukun Shire lease land). . . . . . . . . . . . . . 20 Amendment of s 16 (Mornington Island Shire lease land) . . . . . . 20 Insertion of new pt 2, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 3A Declarations about particular transferable land 16A Definition for div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 21 16B Particular land may be declared to be not transferable land . . . . . . . . . . . . . . . . . . . . . . . . 21 16C Notice of intention to make declaration . . . . . . . . . . . 22 16D Minister to consider representations and give notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 16E Appeal against particular decision . . . . . . . . . . . . . . . 24 16F Powers of Land Court on appeal . . . . . . . . . . . . . . . . 24 16G Notice about declarations—trustee . . . . . . . . . . . . . . 25

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Contents 16H Notice about declarations—registrar . . . . . . . . . . . . . 25 16I Requirements about plans of subdivision for declarations under s 16B . . . . . . . . . . . . . . . . . . . . . . 25 14 Amendment of s 19 (Lands that are available Crown land—general) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 15 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Part 2A Formal expression of interest about land 26A Purpose of pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 26B Land to which pt 2A applies . . . . . . . . . . . . . . . . . . . . 27 26C Expression of interest in having land made transferable land . . . . . . . . . . . . . . . . . . . . . . . . . 27 26D Chief executive to consider expression of interest . . . 28 26E Consideration of expression of interest does not impose obligation on State . . . . . . . . . . . . . . . . . . . . . 28 16 Amendment of s 27 (Deeds of grant to be prepared) . . . . . . . . . . 28 17 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 27A Appointment of registered native title body corporate as grantee . . . . . . . . . . . . . . . . . . . . . . . . . 29 18 Amendment of s 28 (Minister to appoint trustees) . . . . . . . . . . . . 30 19 Insertion of new ss 28A and 28B . . . . . . . . . . . . . . . . . . . . . . . . . 31 28A Procedure for appointing grantees . . . . . . . . . . . . . . . 31 28B Application of Trusts Act 1973 . . . . . . . . . . . . . . . . . . 31 20 Amendment of s 29 (Minister to act as soon as possible) . . . . . . 32 21 Amendment of s 31 (Inclusion of additional areas in deed of grant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 22 Amendment of s 33 (Existing interests) . . . . . . . . . . . . . . . . . . . . 32 23 Amendment of s 35 (Cancellation of deed of grant in trust) . . . . . 33 24 Replacement of ss 39 and 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Subdivision 1 General 39 Power to deal with transferred land . . . . . . . . . . . . . . 34 40 Requirement for consultation . . . . . . . . . . . . . . . . . . . 34 40A Provision about Minister’s consent . . . . . . . . . . . . . . . 35 40B Provision about particular leases . . . . . . . . . . . . . . . . 36 Subdivision 2 Sale or mortgage prohibited 40C Prohibition on sale or mortgage of transferred land . . 36 Subdivision 3 Grant of leases 40D Grant of lease for transferred land . . . . . . . . . . . . . . . 36 40E Particular restrictions on grant of leases . . . . . . . . . . 37 2008 Act No. 29 Page 2

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Contents 40F Requirements for Minister’s consent—general. . . . . . 40G Particular requirement for Minister’s consent for lease for commercial purpose . . . . . . . . . . . . . . . . . . 40H Conditions of leases—general . . . . . . . . . . . . . . . . . . 40I Requirement for Minister’s consent for creation of interest under a lease. . . . . . . . . . . . . . . . . . . . . . . . . 40J Leases for private residential purposes—general conditions and requirements . . . . . . . . . . . . . . . . . . . 40K Leases for private residential purposes—particular requirements if dwelling situated on land . . . . . . . . . . 40L Renewal of lease or sublease . . . . . . . . . . . . . . . . . . 40M Transfer or amendment of lease or sublease . . . . . . . 40N Lease, sublease and transfer, amendment or surrender of lease or sublease to be registered . . . . . Subdivision 4 Forfeiture of particular leases 40O Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 40P Grounds for forfeiture of lease . . . . . . . . . . . . . . . . . . 40Q Application to Land Court for forfeiture. . . . . . . . . . . . 40R Trustee’s options if Land Court decides lease may be forfeited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40S Notice and effect of forfeiture . . . . . . . . . . . . . . . . . . . 40T Payment by trustee for forfeited lease . . . . . . . . . . . . 40U Unclaimed amounts . . . . . . . . . . . . . . . . . . . . . . . . . . 40V Amounts owing to trustee or mortgagee to be deducted .............................. 40W Payment of amount to mortgagee in discharge of mortgage ............................ 40X Appeal against decision under s 40T . . . . . . . . . . . . . 40Y Powers of Land Court on appeal . . . . . . . . . . . . . . . . Subdivision 5 Grant of licences 40Z Grant of licence for transferred land . . . . . . . . . . . . . . 40ZA Conditions of licences . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 6 Transfer of land held by land trust 40ZB Application of sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . 40ZC Transfer of transferred land held by land trust . . . . . . 40ZD Application for approval to transfer . . . . . . . . . . . . . . . 40ZE Minister’s approval to transfer. . . . . . . . . . . . . . . . . . . 40ZF Effect of gazette notice about transfer . . . . . . . . . . . . 38 39 40 41 42 43 44 45 46 46 46 47 47 47 48 49 49 49 50 51 51 52 52 52 53 53 54 Page 3 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Contents Subdivision 7 Transfer of land held by registered native title body corporate 40ZG Transfer of transferred land held by registered native title body corporate. . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Subdivision 8 Land in Cape York Peninsula Region 40ZH Dealing with particular transferred land in Cape York Peninsula Region . . . . . . . . . . . . . . . . . . . . . . . . 55 Subdivision 9 Other matters 40ZI Trustee to advise chief executive of change to description of land . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 40ZJ Particular dealings in transferred land void . . . . . . . . 56 25 Amendment of s 41 (No resumption of transferred land etc.). . . . 56 26 Amendment of s 43 (Reservations of forest products and quarry material etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 27 Amendment of s 48 (Time limit for making of claims). . . . . . . . . . 57 28 Amendment of s 63 (Deeds of grant to be prepared) . . . . . . . . . . 58 29 Amendment of s 64 (Leases to be prepared). . . . . . . . . . . . . . . . 58 30 Amendment of s 71 (Existing interests) . . . . . . . . . . . . . . . . . . . . 58 31 Omission of s 72 (Interests to be endorsed on deed) . . . . . . . . . 59 32 Amendment of s 73 (Cancellation of existing deed of grant) . . . . 59 33 Replacement of ss 76 and 77. . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Subdivision 1 General 76 Power to deal with granted land . . . . . . . . . . . . . . . . . 59 77 Requirement for consultation . . . . . . . . . . . . . . . . . . . 60 77A Provision about Minister’s consent . . . . . . . . . . . . . . . 61 77B Provision about particular leases . . . . . . . . . . . . . . . . 62 Subdivision 2 Sale or mortgage prohibited 77C Prohibition on sale or mortgage of granted land and sale of Aboriginal lease . . . . . . . . . . . . . . . . . . . . . . . 62 Subdivision 3 Grant of leases 77D Grant of lease for granted land. . . . . . . . . . . . . . . . . . 62 77E Particular restrictions on grant of leases . . . . . . . . . . 63 77F Requirements for Minister’s consent—general. . . . . . 64 77G Particular requirement for Minister’s consent for lease for commercial purpose . . . . . . . . . . . . . . . . . . 65 77H Conditions of leases—general . . . . . . . . . . . . . . . . . . 66 77I Requirement for Minister’s consent for creation of interest under a lease. . . . . . . . . . . . . . . . . . . . . . . . . 67 2008 Act No. 29 Page 4

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Contents 77J Leases for private residential purposes—general conditions and requirements . . . . . . . . . . . . . . . . . . . 77K Leases for private residential purposes—particular requirements if dwelling situated on land . . . . . . . . . . 77L Renewal of lease or sublease . . . . . . . . . . . . . . . . . . 77M Transfer or amendment of lease or sublease . . . . . . . 77N Lease, sublease and transfer, amendment or surrender of lease or sublease to be registered . . . . . Subdivision 4 Forfeiture of particular leases 77O Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 77P Grounds for forfeiture of lease . . . . . . . . . . . . . . . . . . 77Q Application to Land Court for forfeiture. . . . . . . . . . . . 77R Trustee’s options if Land Court decides lease may be forfeited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77S Notice and effect of forfeiture . . . . . . . . . . . . . . . . . . . 77T Payment by trustee for forfeited lease . . . . . . . . . . . . 77U Unclaimed amounts . . . . . . . . . . . . . . . . . . . . . . . . . . 77V Amounts owing to trustee or mortgagee to be deducted ............................. 77W Payment of amount to mortgagee in discharge of mortgage ............................ 77X Appeal against decision under s 77T . . . . . . . . . . . . . 77Y Powers of Land Court on appeal . . . . . . . . . . . . . . . . Subdivision 5 Grant of licences 77Z Grant of licence for granted land . . . . . . . . . . . . . . . . 77ZA Conditions of licences . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 6 Transfer of land 77ZB Transfer of granted land . . . . . . . . . . . . . . . . . . . . . . . 77ZC Application for approval to transfer . . . . . . . . . . . . . . . 77ZD Minister’s approval to transfer. . . . . . . . . . . . . . . . . . . 77ZE Effect of gazette notice about transfer . . . . . . . . . . . . Subdivision 7 Land in Cape York Peninsula Region 77ZF Dealing with particular granted land in Cape York Peninsula Region . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 8 Other matters 77ZG Trustee to advise chief executive of change to description of land . . . . . . . . . . . . . . . . . . . . . . . . . . . 77ZH Particular dealings in granted land void . . . . . . . . . . . 68 69 70 71 72 72 72 73 73 73 74 75 75 75 76 77 77 78 78 79 79 80 81 81 81 Page 5 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Contents 34 Amendment of s 78 (No resumption of granted land etc.) . . . . . . 82 35 Amendment of s 79 (Devolution of granted land) . . . . . . . . . . . . . 83 36 Amendment of s 81 (Reservations of forest products and quarry material etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 37 Amendment of s 82 (Rights of access preserved) . . . . . . . . . . . . 84 38 Amendment, relocation and renumbering of s 83 (National park subject to lease to State etc.) . . . . . . . . . . . . . . . . . . . . . . . . 84 39 Amendment, relocation and renumbering of s 83E (Land trust to enter into indigenous management agreement). . . . . . . . . . . . 85 40 Amendment of s 83G (Requirements for indigenous management agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 41 Amendment of s 83H (Amending indigenous management agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 42 Amendment of s 83I (Recording of indigenous management agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 43 Amendment of s 83J (Requirements about grant of national parks in Cape York Peninsula Region) . . . . . . . . . . . . . . . . . . . . . 86 44 Insertion of new pts 5D–5F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Part 5D Decision making process 83M When agreement of Aboriginal people is given . . . . . 87 83N Decision making by trustee . . . . . . . . . . . . . . . . . . . . 87 Part 5E Provisions about mortgages of leases over Aboriginal land 83O Application of pt 5E . . . . . . . . . . . . . . . . . . . . . . . . . . 88 83P Provisions about entering into possession, and selling, lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 83Q How trustee deals with proceeds of sale . . . . . . . . . . 89 Part 5F Leasing of Aboriginal trust land Division 1 Preliminary 83R Definitions for pt 5F . . . . . . . . . . . . . . . . . . . . . . . . . . 89 83S Relationship with LandAct . . . . . . . . . . . . . . . . . . . . . 90 Division 2 Leases 83T Trustee (Aboriginal) leases. . . . . . . . . . . . . . . . . . . . . 91 83U Amending trustee (Aboriginal) lease . . . . . . . . . . . . . 92 83V Mortgage of trustee (Aboriginal) lease . . . . . . . . . . . . 92 83W Surrender of trustee (Aboriginal) lease . . . . . . . . . . . 93 Division 3 Other matters 83X Trustee to advise about ending of particular lease for commercial purpose . . . . . . . . . . . . . . . . . . . . . . . 93 2008 Act No. 29 Page 6

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Contents 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Part 3 60 61 62 Page 7 83Y Recording information about land . . . . . . . . . . . . . . . Amendment of s 84 (Crown’s use of Aboriginal land preserved) . Amendment of s 85 (No rent payable by Crown) . . . . . . . . . . . . . Amendment of s 86 (Access to land used by Crown). . . . . . . . . . Amendment of s 87 (Application of Mineral Resources Act) . . . . Amendment of s 88 (Royalties in relation to mining on Aboriginal land) .................................. Insertion of new s 114A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114A Tribunal may order that particular claimable land is transferable land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 131 (Creation of interests in transferable and claimable land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 132 (Rights of access to interests preserved). . Amendment of s 134 (Delegation by Minister) . . . . . . . . . . . . . . . Amendment of s 136 (Amendment of description of land) . . . . . . Insertion of new ss 136A and 136B . . . . . . . . . . . . . . . . . . . . . . . 136A Dealing with particular trust property . . . . . . . . . . . . . 136B Application of ResidentialTenanciesAct1994. . . . . . Amendment of s 137A (Application of FinancialAdministrationand Audit Act 1977) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 138 (Regulation-making power) . . . . . . . . . . . . Insertion of new s 139A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139A Existing interest in transferable land. . . . . . . . . . . . . . Insertion of new pt 11, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Transitional provisions for Aboriginal and Torres Strait Islander Land Amendment Act 2008 Subdivision 1 Preliminary 141 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Transitional provisions 142 Transferred land—change to beneficiaries . . . . . . . . . 143 Interests in Aboriginal land continue . . . . . . . . . . . . . Amendment of LandAct1994 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 34P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34P Requirement about covenant for DOGIT land . . . . . . Amendment of s 43 (Only Parliament may delete land from or cancel an existing deed of grant in trust) . . . . . . . . . . . . . . . . . . . 94 94 95 95 96 97 97 97 98 99 100 100 101 101 101 101 102 102 102 103 103 103 104 104 104 104 105 2008 Act No. 29

63 64 Part 4 65 66 67 Part 5 68 69 70 Part 6 71 72 Part 7 73 74 75 76 77 78 Aboriginal and Torres Strait Islander Land Amendment Act 2008 Contents Amendment of s 57 (Trustee leases) . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 9, pt 1E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 1E Transitional provision for Aboriginal and Torres Strait Islander Land Amendment Act 2008 521P Trustee leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Land Court Act 2000 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 32J (Land Court has power of the Supreme Court for particular purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 60 (Questions of law from a land tribunal). . . . . Amendment of Local Government (Aboriginal Lands) Act1978 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 5A Resumption of leases 33A Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 33B Resumption of lease. . . . . . . . . . . . . . . . . . . . . . . . . . 33C Effect of resumption . . . . . . . . . . . . . . . . . . . . . . . . . . 33D Service of order in council . . . . . . . . . . . . . . . . . . . . . 33E Compensation under Acquisition Act . . . . . . . . . . . . . 33F Revoking a resumption. . . . . . . . . . . . . . . . . . . . . . . . 33G Compensation by Minister if resumption is revoked . . 33H Appeal against decision under s 33G. . . . . . . . . . . . . 33I Powers of Land Court on appeal . . . . . . . . . . . . . . . . Amendment of NativeTitle(Queensland)Act1993 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 144 (Declaration about compulsory acquisitions) ................................... Amendment of Torres Strait Islander Land Act 1991 Act amended in pt 7 and schedule . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 9 (Meaning of Torres Strait Islander land) . . . . . Amendment of s 10 (Meaning of transferable and transferred land) ......................................... Amendment of s 11 (Lands that are transferable lands) . . . . . . . Insertion of new pt 2, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 106 106 107 107 107 108 108 108 108 109 109 109 109 110 111 111 112 112 112 113 113 115 115 116 116 2008 Act No. 29 Page 8

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Contents 79 80 81 82 83 84 85 Page 9 Division 3A Declarations about particular transferable land 13A Definition for div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 13B Particular land may be declared to be not transferable land . . . . . . . . . . . . . . . . . . . . . . . . . 13C Notice of intention to make declaration . . . . . . . . . . . 13D Minister to consider representations and give notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13E Appeal against particular decision . . . . . . . . . . . . . . . 13F Powers of Land Court on appeal . . . . . . . . . . . . . . . . 13G Notice about declarations—trustee . . . . . . . . . . . . . . 13H Notice about declarations—registrar . . . . . . . . . . . . . 13I Requirements about plans of subdivision for declarations under s 13B . . . . . . . . . . . . . . . . . . . . . . Amendment of s 25 (Deeds of grant to be prepared) . . . . . . . . . . Insertion of new s 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25A Appointment of registered native title body corporate as grantee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 26 (Minister to appoint trustees) . . . . . . . . . . . . Insertion of new s 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26A Application of Trusts Act 1973 . . . . . . . . . . . . . . . . . . Amendment of s 27 (Minister to act as soon as possible) . . . . . . Amendment of s 29 (Inclusion of additional areas in deed of grant) ........................................ Replacement of ss 36 and 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 1 General 36 Power to deal with transferred land . . . . . . . . . . . . . . 37 Requirement for consultation . . . . . . . . . . . . . . . . . . . 37A Provision about Minister’s consent . . . . . . . . . . . . . . . 37B Provision about particular leases . . . . . . . . . . . . . . . . Subdivision 2 Sale or mortgage prohibited 37C Prohibition on sale or mortgage of transferred land . . Subdivision 3 Grant of leases 37D Grant of lease for transferred land . . . . . . . . . . . . . . . 37E Particular restrictions on grant of leases . . . . . . . . . . 37F Requirements for Minister’s consent—general. . . . . . 37G Particular requirement for Minister’s consent for lease for commercial purpose . . . . . . . . . . . . . . . . . . 37H Conditions of leases—general . . . . . . . . . . . . . . . . . . 116 117 117 118 119 119 120 120 120 121 122 122 123 123 123 124 124 124 124 125 126 127 127 127 128 129 130 131 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Contents 37I Requirement for Minister’s consent for creation of interest under a lease. . . . . . . . . . . . . . . . . . . . . . . . . 132 37J Leases for private residential purposes—general conditions and requirements . . . . . . . . . . . . . . . . . . . 133 37K Leases for private residential purposes—particular requirements if dwelling situated on land . . . . . . . . . . 134 37L Renewal of lease or sublease . . . . . . . . . . . . . . . . . . 135 37M Transfer or amendment of lease or sublease . . . . . . . 135 37N Lease, sublease and transfer, amendment or surrender of lease or sublease to be registered . . . . . 137 Subdivision 4 Forfeiture of particular leases 37O Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 137 37P Grounds for forfeiture of lease . . . . . . . . . . . . . . . . . . 137 37Q Application to Land Court for forfeiture. . . . . . . . . . . . 138 37R Grantees’ options if Land Court decides lease may be forfeited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 37S Notice and effect of forfeiture . . . . . . . . . . . . . . . . . . . 138 37T Payment by grantees for forfeited lease . . . . . . . . . . . 139 37U Unclaimed amounts . . . . . . . . . . . . . . . . . . . . . . . . . . 140 37V Amounts owing to grantees or mortgagee to be deducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 37W Payment of amount to mortgagee in discharge of mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 37X Appeal against decision under s 37T . . . . . . . . . . . . . 141 37Y Powers of Land Court on appeal . . . . . . . . . . . . . . . . 142 Subdivision 5 Grant of licences 37Z Grant of licence for transferred land . . . . . . . . . . . . . . 142 37ZA Conditions of licences . . . . . . . . . . . . . . . . . . . . . . . . 143 Subdivision 6 Transfer of land held by registered native title body corporate 37ZB Transfer of transferred land held by registered native title body corporate . . . . . . . . . . . . . . . . . . . . . 143 Subdivision 7 Other matters 37ZC Grantees to advise chief executive of change to description of land . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 37ZD Particular dealings in transferred land void . . . . . . . . 144 86 Amendment of s 38 (No resumption of transferred land etc.). . . . 144 87 Insertion of new pts 5A and 5B . . . . . . . . . . . . . . . . . . . . . . . . . . 145 2008 Act No. 29 Page 10

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Contents 88 89 90 91 92 93 94 95 Part 8 96 Schedule Part 5A Provisions about mortgages of leases over Torres Strait Islander land 80A Application of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 80B Provisions about entering into possession of, and selling, lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80C How grantees deal with proceeds of sale. . . . . . . . . . Part 5B Leasing of Torres Strait Islander trust land Division 1 Preliminary 80D Definitions for pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . 80E Relationship with LandAct . . . . . . . . . . . . . . . . . . . . . Division 2 Leases 80F Trustee (Torres Strait Islander) leases . . . . . . . . . . . . 80G Amending trustee (Torres Strait Islander) lease . . . . . 80H Mortgage of trustee (Torres Strait Islander) lease . . . 80I Surrender of trustee (Torres Strait Islander) lease . . . Division 3 Other matters 80J Trustee to advise about ending of particular lease for commercial purpose . . . . . . . . . . . . . . . . . . . . . . . 80K Recording information about land . . . . . . . . . . . . . . . Amendment of s 81 (Crown’s use of Islander land preserved). . . Amendment of s 83 (Access to land used by Crown). . . . . . . . . . Amendment of s 84 (Application of Mineral Resources Act) . . . . Amendment of s 129 (Rights of access to interests preserved). . Amendment of s 131 (Delegation by Minister) . . . . . . . . . . . . . . . Insertion of new ss 133A and 133B . . . . . . . . . . . . . . . . . . . . . . . 133A Dealing with particular trust property . . . . . . . . . . . . . 133B Application of ResidentialTenanciesAct1994. . . . . . Amendment of s 135 (Regulation-making power) . . . . . . . . . . . . Insertion of new pt 10, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Transitional provision for Aboriginal and Torres Strait Islander Land Amendment Act 2008 137 Interests in Torres Strait Islander land continue . . . . . Minor and consequential amendments Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor and consequential amendments . . . . . . . . . . . . . . . . . . AboriginalLandAct1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TorresStraitIslanderLandAct1991 . . . . . . . . . . . . . . . . . . . . . . 145 145 146 147 148 148 150 150 151 151 151 152 152 152 153 153 153 153 154 154 154 155 155 156 156 159 2008 Act No. 29 Page 11

Queensland Aboriginal and Torres Strait Islander Land Amendment Act 2008 Act No. 29 of 2008 An Act to amend the Aboriginal Land Act 1991 , the Land Act1994 , the Land Court Act 2000 , the Local Government(Aboriginal Lands) Act 1978 , the Native Title (Queensland) Act1993 and the Torres Strait Islander Land Act 1991 , for particular purposes [Assented to 21 May 2008]

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Aboriginal and Torres Strait Islander Land Amendment Act 2008 . 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Amendment of Aboriginal Land Act 1991 3 Act amended in pt 2 and schedule This part and the schedule amend the AboriginalLandAct1991. 4 Amendment of s 3 (Definitions) (1) Section 3, ‘In this Act—’— omit, insert— ‘The dictionary in the schedule defines particular words used in this Act.’. (2) Section 3, definitions available Crown land , coast , Crown , Mornington Island Shire lease land , native title interests , quarry material , stock route , Torres Strait Islanders , township land and watercourse — Page 14 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 4] omit. (3) Section 3— insert— ‘ Aboriginal trust land see section 83R. Acquisition Act means the Acquisition of Land Act 1967 . appropriate register means— (a) for freehold land—the freehold land register; or (b) for other land—the appropriate register for the land under the Land Act. approved form means a form approved under section 137B. available State land means land that is available State land under section 19, including under a regulation made under section 19(2). Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth). constructing authority means a constructing authority under the Acquisition Act. expression of interest see section 26C(1). general meeting , of a land trust, means an annual general meeting or special general meeting of the trust. improvements see the Land Act, schedule 6. Land Act means the Land Act 1994 . Land Title Act means the Land Title Act 1994 . lease does not include a residential tenancy agreement. lease land , for a provision about a lease or proposed lease, means the land subject to the lease or proposed lease. maximum amount — (a) for part 3, division 2, subdivision 4—see section 40T; and (b) for part 5, division 2, subdivision 4—see section 77T. 2008 Act No. 29 Page 15

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 4] Page 16 Mornington Shire lease land means land that is Mornington Shire lease land under section 16. National Native Title Register means the National Native Title Register established and maintained under the Commonwealth Native Title Act, part 8. native title holder , in relation to land held, or to be held, by a registered native title body corporate, means— (a) if the registered native title body corporate holds the native title in relation to the land, or part of the land, on trust—the persons on whose behalf the registered native title body corporate holds the native title; or (b) otherwise—the persons who hold the native title in relation to the land or part of the land. public infrastructure means infrastructure that is operated for the general public. quarry material see the Forestry Act 1959 , schedule 3. registered means registered under the Land Act or the LandTitle Act. registered native title body corporate means a prescribed body corporate under the Commonwealth Native Title Act whose name and address are registered on the National Native Title Register under section 193(2)(e) or (4) of that Act. registrar means— (a) for freehold land—the registrar of titles under the LandTitle Act; or (b) for other land—the chief executive of the department in which the Land Act is administered. relevant land , for part 2, division 3A, see section 16A. residential tenancy agreement means a residential tenancy agreement under the Residential Tenancies Act 1994. stock route see the Land Act, schedule 6. Torres Strait Islander see the Torres Strait Islander Land Act1991 , section 7. 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 4] township land means land declared under section 23 to be township land. transferee — (a) for part 3, division 2, subdivision 6—see section 40ZC(1); and (b) for part 5, division 2, subdivision 6—see section 77ZB(1). transferor — (a) for part 3, division 2, subdivision 6—see section 40ZC(1); and (b) for part 5, division 2, subdivision 6—see section 77ZB(1). trustee — (a) for a provision about Aboriginal land—means the land trust or other entity that holds the land under this Act; and (b) of Aboriginal trust land—for part 5F, see section 83R. trustee (Aboriginal) lease , for part 5F, see section 83R. unallocated State land means unallocated State land under the Land Act. watercourse means a watercourse under the Water Act 2000. ’. (4) Section 3, definition associated reserve , paragraph (a), ‘ Land Act 1994 ’— omit, insert— ‘Land Act’. (5) Section 3, definition bed and banks , ‘has the same meaning given by’— omit, insert— ‘see’. (6) Section 3, definition registrar of titles , ‘ Land Act 1994 ’— 2008 Act No. 29 Page 17

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 5] omit, insert— ‘Land Act’. (7) Section 3, definition special mining Act , paragraph (f)— omit. (8) Section 3, definition special mining Act , paragraphs (g) and (h)— renumber as paragraphs (f) and (g). (9) Section 3, definition Torres Strait area , ‘has the same meaning as in’— omit, insert— ‘means the Torres Strait area under’. (10) Section 3, ‘has the meaning given by’— omit, insert— ‘see’. (11) Section 3, definitions, as amended— relocate to the schedule as inserted by this Act. 5 Omission of s 5 (Meaning of native title interests ) Section 5— omit. 6 Replacement of s 6 (Crown bound) Section 6— omit, insert— ‘6 Act binds all persons ‘This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.’. Page 18 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 7] 7 Amendment of s 10 (Meaning of Aboriginal land) Section 10(1)(a), ‘for the benefit of Aboriginal people’— omit. 8 Amendment of s 11 (Meaning of transferable and transferred land) Section 11, ‘for the benefit of Aboriginal people’— omit. 9 Amendment of s 12 (Lands that are transferable lands) (1) Section 12(d), ‘Island’— omit. (2) Section 12(e), ‘Crown’— omit, insert— ‘State’. (3) Section 12— insert— ‘(g) land that becomes transferable land under section 114A.’. (4) Section 12— insert— ‘(2) However, land mentioned in subsection (1)— (a) ceases to be transferable land if it is taken, under the Acquisition Act, by a constructing authority; and (b) if the land is Aboriginal trust land—is not transferable land if it is subject to a lease for more than 30 years granted under this Act for a commercial purpose; and (c) is not transferable land if it is the subject of a declaration in force under section 16B.’. 2008 Act No. 29 Page 19

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 10] 10 Amendment of s 13 (DOGIT land) (1) Section 13(b)(ii), ‘Crown land’— omit, insert— ‘unallocated State land’. (2) Section 13(b)(iii) and (iv), ‘by the Crown’— omit. (3) Section 13— insert— ‘(2) DOGIT land does not include land within the external boundaries of land mentioned in subsection (1)(a) if the land— (a) is a road that became a road after the enactment day and before the commencement of this subsection; or (b) becomes a road after the commencement.’. 11 Amendment of s 15 (Aurukun Shire lease land) Section 15— insert— ‘(2) Aurukun Shire lease land does not include land within the external boundaries of land mentioned in subsection (1)(a) if the land— (a) is a road that became a road after the enactment day and before the commencement of this subsection; or (b) becomes a road after the commencement.’. 12 Amendment of s 16 (Mornington Island Shire lease land) (1) Section 16, ‘Island’— omit. (2) Section 16— Page 20 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 13] insert— ‘(2) Mornington Shire lease land does not include land within the external boundaries of land mentioned in subsection (1)(a) if the land— (a) is a road that became a road after the enactment day and before the commencement of this subsection; or (b) becomes a road after the commencement.’. 13 Insertion of new pt 2, div 3A Part 2, after section 16— insert— ‘Division 3A Declarations about particular transferable land ‘16A Definition for div 3A ‘In this division— relevant land means the following land, or a part of the land— (a) DOGIT land; (b) Aboriginal reserve land, other than land declared under a regulation for section 14; (c) Aurukun Shire lease land; (d) Mornington Shire lease land. ‘16B Particular land may be declared to be not transferable land ‘(1) The Minister may, by gazette notice, make a declaration under this division that relevant land is not transferable land if the Minister is satisfied that— (a) housing or essential or other infrastructure is situated on the land; or 2008 Act No. 29 Page 21

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 13] (b) the land is being used as a town site or part of a town site by the Aboriginal people on the land; or (c) the land is being used as if it were a road; or (d) having regard to the nature or use of the land, it is not appropriate or practicable in the circumstances for the land to be granted in fee simple under this Act. ‘(2) In considering whether to make a declaration under subsection (1)(d), the Minister may have regard to matters relating to the nature or use of the relevant land the Minister considers appropriate, including, for example— (a) whether the land is likely to be used as a town site or part of a town site by the Aboriginal people on the land; and (b) whether the land is in a condition suitable to be granted under this Act. ‘(3) The Minister must not make a declaration under subsection (1)(d) before— (a) if no appeal is made under this division against the decision to make the declaration—the period for making an appeal ends; or (b) if an appeal is made under this division against the decision to make the declaration—the day the appeal is finally decided. ‘16C Notice of intention to make declaration ‘(1) If the Minister intends to make a declaration under section 16B, the Minister must— (a) give written notice of the Minister’s intention to make the declaration to the trustee of the relevant land; and (b) within 10 business days after giving the notice under paragraph (a), publish notice of the Minister’s intention to make the declaration in a newspaper or other publication circulating generally in the area where the relevant land is situated; and Page 22 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 13] (c) consider all representations made under subsection (4). ‘(2) The notice must— (a) include a description of the relevant land; and (b) state the following— (i) the reasons for the proposed declaration; (ii) that a person may make written representations to the Minister about the proposed declaration; (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 may make written representations about the proposed declaration to the Minister within the stated period. ‘16D Minister to consider representations and give notice of decision ‘(1) After considering all representations made under section 16C(4) about the proposed declaration, the Minister must— (a) decide whether to make the declaration; and (b) give written notice of the decision to— (i) each person who made the representations; and (ii) the trustee of the relevant land, if the trustee did not make any representations. ‘(2) If the Minister decides to make the declaration, the notice must state— (a) the provision under which the declaration is to be made; and (b) the reasons for the decision; and 2008 Act No. 29 Page 23

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 13] (c) if the Minister is to make the declaration under section 16B(1)(d)—that the person may appeal against the decision to the Land Court and how to appeal. ‘16E Appeal against particular decision ‘(1) If the Minister proposes to make the declaration under section 16B(1)(d), a person who made representations to the Minister under this division about the proposed declaration may appeal to the Land Court against the decision. ‘(2) An appeal is started by filing written notice of appeal with the registrar of the Land Court. ‘(3) The notice of appeal must be filed within 28 days after the person receives notice of the decision. ‘(4) However, the Land Court may, at any time within the 28 days, extend the period for making the appeal. ‘(5) The appeal is by way of rehearing, unaffected by the decision, on the material before the Minister and any further evidence allowed by the Land Court. ‘16F Powers of Land Court on appeal ‘(1) In deciding the appeal, the Land Court has the same powers as the Minister. ‘(2) The Land Court may— (a) confirm the decision; or (b) set aside the decision and substitute another decision; or (c) set aside the decision and return the issue to the Minister with directions the court considers appropriate. ‘(3) If the Land Court substitutes another decision, the substituted decision is, other than for the purpose of an appeal under this division, taken to be the decision of the Minister. Page 24 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 13] ‘16G Notice about declarations—trustee ‘As soon as practicable after a declaration that relevant land is not transferable land is made, the chief executive must give the trustee of the land written notice of the declaration. ‘16H Notice about declarations—registrar ‘(1) As soon as practicable after a declaration that relevant land is not transferable land is made, the chief executive must give the registrar written notice of the declaration. ‘(2) The notice must include particulars of the land the subject of the declaration. ‘(3) The registrar must keep records that show the land is not transferable land. ‘(4) The registrar must keep the records in a way that a search of the appropriate register kept by the registrar will show the land is not transferable land. ‘(5) As soon as practicable after a declaration is repealed— (a) the chief executive must give the registrar written notice of the fact; and (b) the registrar must amend the registrar’s records to show the land the subject of the repealed declaration is transferable land. ‘16I Requirements about plans of subdivision for declarations under s 16B ‘(1) This section applies if— (a) under section 16B, the Minister declares land is not transferable land; and (b) a plan of subdivision is lodged for the land under the LandTitleAct or LandAct for the purpose of identifying the land; and (c) the plan of subdivision has been consented to by the Minister. 2008 Act No. 29 Page 25

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 14] ‘(2) The registrar must register the plan of subdivision without the consent of anyone whose consent would otherwise have been required under the relevant section if the plan otherwise complies with the relevant section. ‘(3) In this section— relevant section means— (a) for freehold land—the Land Title Act, section 50; or (b) for other land—the Land Act, section 290J.’. 14 Amendment of s 19 (Lands that are available Crown land—general) (1) Section 19, heading, ‘Crown’— omit, insert— ‘ State ’. (2) Section 19(1), ‘available Crown’— omit, insert— ‘available State’. (3) Section 19(1), ‘the Crown’— omit, insert— ‘the State’. (4) Section 19(1)(c), ‘ Land Act 1994 ’— omit, insert— ‘Land Act’. (5) Section 19(1)(h), ‘Crown land’— omit, insert— ‘unallocated State land’. (6) Section 19(2), ‘Crown’— omit, insert— ‘State’. Page 26 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 15] (7) Section 19(3), definition interest , ‘interests or a mining interest’— omit, insert— ‘, a mining interest or an easement’. 15 Insertion of new pt 2A After section 26— insert— ‘Part 2A Formal expression of interest about land ‘26A Purpose of pt 2A ‘The purpose of this part is to provide for a process under which Aboriginal people may formally express an interest to the chief executive in having particular land made transferable land. ‘26B Land to which pt 2A applies ‘This part applies to the following land— (a) available State land; (b) land dedicated as a reserve under the Land Act; (c) a stock route; (d) land subject to an occupation licence; (e) land held under a lease under the LandAct by or for Aboriginal people. ‘26C Expression of interest in having land made transferable land ‘(1) Aboriginal people particularly concerned with land mentioned in section 26B may, by notice given to the chief executive (an 2008 Act No. 29 Page 27

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 16] expression of interest ), express an interest in having the land made transferable land. ‘(2) The expression of interest must— (a) be in the approved form; and (b) include the details required in the approved form to enable the chief executive to properly consider the expression of interest. ‘26D Chief executive to consider expression of interest ‘(1) The chief executive must consider each expression of interest. ‘(2) Without limiting subsection (1), the chief executive may consider an expression of interest by evaluating the land to which it relates under the Land Act, section 16. ‘26E Consideration of expression of interest does not impose obligation on State ‘The chief executive’s consideration of an expression of interest does not impose an obligation on the State under this Act to make the land to which it relates transferable land.’. 16 Amendment of s 27 (Deeds of grant to be prepared) (1) Section 27(1), ‘registrar of titles’— omit, insert— ‘chief executive’. (2) Section 27(2), from ‘directs,’— omit, insert— ‘directs.’. (3) Section 27(3) and (4)— omit, insert— ‘(3) The deed of grant must show that the land is held by the grantees— Page 28 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 17] (a) if the grantee is a registered native title body corporate—for the native title holders of the land; or (b) otherwise—for the benefit of Aboriginal people particularly concerned with the land and their ancestors and descendants. ‘(4) If the grantee is a registered native title body corporate, the deed of grant also must include information to identify the native title holders of the land.’. 17 Insertion of new s 27A After section 27— insert— ‘27A Appointment of registered native title body corporate as grantee ‘(1) This section applies to transferable land 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, appoint the body corporate to be the grantee of the land under a deed of grant prepared under section 27. ‘(3) If the Minister appoints the registered native title body corporate to be the grantee of the land, 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 appoint a registered native title body corporate under this section, the Minister may have regard to any matter the Minister considers relevant to the proposed appointment, including, for example— (a) whether the making of the proposed appointment was a matter relevant to the native title claim under the 2008 Act No. 29 Page 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 18] Commonwealth Native Title Act that resulted in the determination that native title existed in relation to all or a part of the land; and (b) whether any Aboriginal persons particularly concerned with the land, other than the native title holders of the land, may be adversely affected by the proposed appointment; and (c) if the Minister is satisfied Aboriginal persons particularly concerned with the land will be adversely affected by the proposed appointment—any action the registered native title body corporate intends to take to address the concerns of the Aboriginal people. ‘(5) If land is granted to a registered native title body corporate, a provision of this Act about the incorporation of grantees as a land trust on the grant of land does not apply in relation to the registered native title body corporate.’. 18 Amendment of s 28 (Minister to appoint trustees) (1) Section 28, heading, ‘trustees’— omit, insert— ‘ particular trustees ’. (2) Section 28, before subsection (1)— insert— ‘(1A) This section applies if the Minister does not appoint, under section 27A, a registered native title body corporate as the grantee of land the subject of a deed of grant prepared under section 27.’. (3) Section 28(1), ‘the subject of each deed of grant prepared under section 27’— omit. (4) Section 28(6)— omit. Page 30 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 19] 19 Insertion of new ss 28A and 28B After section 28— insert— ‘28A Procedure for appointing grantees ‘(1) Before appointing grantees under this part, the Minister must— (a) publish notice of the Minister’s intention to appoint the grantees in a newspaper or other publication circulating generally in the area in which the land the subject of the deed of grant 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 each proposed grantee; (ii) that an Aboriginal person particularly concerned with the land may make written representations to the Minister about the proposed appointment; (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) An Aboriginal person particularly concerned with the land may make written representations about the proposed appointment to the Minister within the stated period. ‘28B Application of Trusts Act 1973 ‘(1) The Trusts Act 1973 applies to trusts created for the purposes of this part, and to the trustees of the trusts, only to the extent prescribed under a regulation. 2008 Act No. 29 Page 31

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 20] ‘(2) To the extent that the TrustsAct1973 does apply under a regulation for subsection (1), it applies with the changes prescribed under the regulation. ‘(3) A provision of a regulation for subsection (1) does not apply to a grantee that is a registered native title body corporate unless the provision expressly states that it applies to a trustee that is a registered native title body corporate.’. 20 Amendment of s 29 (Minister to act as soon as possible) Section 29(2), ‘section 28’— omit, insert— ‘section 27A or 28’. 21 Amendment of s 31 (Inclusion of additional areas in deed of grant) Section 31— insert— ‘(2) Despite subsection (1), an additional area of transferable land may not be included in a deed of grant for Aboriginal land held by a registered native title body corporate.’. 22 Amendment of s 33 (Existing interests) (1) Section 33(1)— omit, insert— ‘(1) If transferrable land was, immediately before becoming Aboriginal land under this division, subject to an interest or benefited by an easement, the interest continues in force or the land continues to be benefited by the easement.’. (2) Section 33(2)(a), ‘by the Crown’— omit. (3) Section 33(2)(b) and (3), ‘ Land Act 1994 ’— Page 32 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 23] omit, insert— ‘Land Act’. (4) Section 33(2), ‘grantees of the land are’— omit, insert— ‘trustee of the land is’. (5) Section 33(2), ‘Crown as a party’— omit, insert— ‘lessor as a party’. (6) Section 33(3), ‘grantees of the land were the Crown’— omit, insert— ‘trustee of the land were the lessor’. (7) Section 33(4), definition interest — omit, insert— ‘ interest includes native title, but does not include an interest in favour of the State or Commonwealth that is not registered.’. 23 Amendment of s 35 (Cancellation of deed of grant in trust) (1) Section 35(1)(a), ‘ Land Act 1994 ’— omit, insert— ‘Land Act’. (2) Section 35(2) to (4)— omit. 24 Replacement of ss 39 and 40 Sections 39 and 40— omit, insert— 2008 Act No. 29 Page 33

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] ‘Subdivision 1 General ‘39 Power to deal with transferred land ‘Subject to this division, the trustee of transferred land may— (a) grant, transfer or otherwise create an interest in 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 NatureConservationAct1992 , section 45, in relation to 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 LandTitleAct, part 4, division 3; or (c) surrender all or a part of the land to the State. Note — • For restrictions on dealing with particular land in the Cape York Peninsula Region, see section 40ZH. ‘40 Requirement for consultation ‘(1) The trustee of transferred land must not deal with the land unless— (a) the trustee has explained to the Aboriginal people particularly concerned with the land the nature, purpose and effect of the dealing; and Page 34 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] (b) the Aboriginal people are given a suitable opportunity to express their views on, and are generally in agreement with, the dealing. ‘(2) Despite section 40ZJ, 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 40D(1)(a) 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 the land that is not a lease or a licence for the use of the land; or (d) dedicate a part of the land to public use; or (e) surrender any of the land to the State. trustee , of transferred land, does not include a registered native title body corporate. ‘40A Provision about Minister’s consent ‘(1) This section applies if the Minister’s prior written consent is required for the grant of a lease or licence by the trustee of transferred 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— 2008 Act No. 29 Page 35

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] (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. ‘40B Provision about particular leases ‘For the purposes of section 40 and subdivision 3, a lease granted for an initial term of not more than 10 years, or for at least 10 but not more than 30 years, 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. ‘Subdivision 2 Sale or mortgage prohibited ‘40C Prohibition on sale or mortgage of transferred land ‘The trustee of transferred land must not sell or mortgage the land. ‘Subdivision 3 Grant of leases ‘40D Grant of lease for transferred land ‘(1) The trustee of transferred land may grant a lease over all or a part of the land only— (a) to an Aborigine for not more than 99 years; or (b) to the State for not more than 99 years; or (c) to another person— (i) for not more than 10 years; or Page 36 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] (ii) with the Minister’s prior written consent, for more than 10 years but not more than 99 years. ‘(2) Despite subsection (1)(a)— (a) a person who is not an Aborigine 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 an Aborigine; and (b) a lease may be granted under the subsection for private residential purposes to a person who is not an Aborigine if the person is the spouse, or former spouse, of an Aborigine or of an Aborigine who is deceased. ‘(3) Despite subsection (1)(c)(ii), a lease may be granted under the subsection without the Minister’s consent if the lease is— (a) for a commercial purpose and for not more than 30 years; or (b) for a private residential purpose to support a lease for a commercial purpose. ‘40E Particular restrictions on grant of leases ‘(1) A lease for more than 30 years may be granted under section 40D(1)(a) only— (a) for private residential purposes; or (b) with the Minister’s prior written consent, for another purpose if, 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. Examples of another purpose for paragraph (b) — a commercial purpose or providing public infrastructure ‘(2) A lease for more than 30 years may be granted under section 40D(1)(b) only— (a) for a following purpose— (i) a purpose under the Housing Act 2003 ; 2008 Act No. 29 Page 37

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] (ii) providing public infrastructure; (iii) providing residential accommodation for public service employees; or (b) with the Minister’s prior written consent, for another purpose if, 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. Example of another purpose for paragraph (b) — a commercial purpose ‘(3) A lease may be granted under section 40D(1)(c) for a private residential purpose only if the lease is to support a lease granted under that section for a commercial purpose. ‘(4) If the Minister’s consent is required for the grant of a lease under section 40D(1)(c)(ii), the Minister may give consent only if the Minister is satisfied that, having regard to the nature of the lease, the grant of the lease is for the benefit of persons for whom the trustee holds the land. ‘(5) The Minister may consent to the grant of a lease for more than 30 years for a commercial purpose only if the lease is granted over an entire lot as shown in the appropriate register. ‘40F Requirements for Minister’s consent—general ‘(1) A person seeking the Minister’s consent to the grant of a 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 for more than 30 years is appropriate in the circumstances. ‘(2) Also, a person seeking the Minister’s consent to the grant of a lease for more than 30 years for a commercial purpose must give the Minister— Page 38 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] (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 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 lease for more than 30 years, the Minister must be satisfied— (a) the trustee has complied with section 40(1)(a) in relation to the lease; and (b) the Aboriginal people particularly concerned with the lease land are generally in agreement with the grant of the lease. ‘40G Particular requirement for Minister’s consent for lease for commercial purpose ‘(1) Before the Minister consents to the grant of a 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 40F(2)(a) and (b); and (ii) the proposed lessee’s financial and managerial capabilities; and 2008 Act No. 29 Page 39

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] (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 40F(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 assessment. ‘(3) The cost is not refundable. ‘40H Conditions of leases—general ‘(1) A lease granted under this subdivision 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. ‘(2) Despite subsection (1)— (a) an interest under a lease granted under section 40D(1)(a) may be created without the Minister’s prior written consent if the interest is in favour of— (i) an Aborigine; or (ii) another person who is not an Aborigine if the person is the spouse, or former spouse, of an Aborigine or of an Aborigine who is deceased; and (b) an interest under another lease may be created without the Minister’s prior written consent if under this subdivision the grant of the lease did not require the consent of the Minister. Page 40 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] ‘(3) A lease granted under this subdivision may include a condition that— (a) a stated standard terms document under the Land TitleAct forms part of the lease; or (b) the lease must not be transferred without the trustee’s prior written consent; or (c) an interest under the lease, other than a mortgage of the lease, must not be created without the trustee’s prior written consent. ‘(4) If a lease includes a condition mentioned in subsection (3)(b) or (c), the trustee must not unreasonably withhold consent to the transfer or creation of an interest under the lease. ‘(5) A lease granted under this subdivision may be mortgaged without the consent of the Minister or the trustee. ‘(6) Subject to subsection (5), this section does not limit the conditions that may be imposed on a lease. ‘40I Requirement for Minister’s consent for creation of interest under a lease ‘(1) This section applies if, under this subdivision, an interest under a 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. 2008 Act No. 29 Page 41

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] ‘(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. ‘40J Leases for private residential purposes—general conditions and requirements ‘(1) A lease granted under this subdivision for private residential purposes is subject to all of the following conditions— (a) if the lease is granted under section 40D(1)(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 trustee of the lease land; 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 trustee using— (A) a valuation methodology decided by the chief executive; and (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; (b) if a private residential premises is not situated on the lease land—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 agreement or a mortgage of the lease. Page 42 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] ‘(2) A trustee may grant a lease for private residential purposes only if the amount mentioned in subsection (1)(a)(iii) has been paid to the trustee. ‘(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. ‘40K Leases for private residential purposes—particular requirements if dwelling situated on land ‘(1) This section applies if— (a) a trustee 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 trustee must give the housing chief executive written notice of the trustee’s intention to grant the lease. ‘(3) Within 28 days after receiving the notice, the housing chief executive must give the trustee a written notice stating whether the housing chief executive considers the dwelling has been used to provide subsidised housing for residential use. ‘(4) The trustee 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 trustee must, before the lease is granted, decide the value of the dwelling by using a valuation methodology agreed between the trustee 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). 2008 Act No. 29 Page 43

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] ‘(8) The trustee 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 trustee. ‘(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 trustee grants the lease, the trustee 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 trustee; and (c) evidence showing the amount decided by the trustee under section 40J(1)(a)(iii) for the lease land was paid to the trustee. Note — The amount mentioned in subsection (7) must be used by the trustee as required under section 136A. ‘(11) This section does not limit section 40J. ‘(12) In this section— housing chief executive means the chief executive of the department in which the Housing Act 2003 is administered. ‘40L Renewal of lease or sublease ‘(1) A lease or a sublease of a lease 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. Page 44 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] ‘40M Transfer or amendment of 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 trustee of the lease land—the trustee’s prior written consent; and (b) if, under this subdivision, 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 is for the benefit of persons for whom the trustee holds the land. ‘(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 assessment. ‘(7) The cost is not refundable. 2008 Act No. 29 Page 45

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] ‘(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. ‘40N Lease, sublease and transfer, amendment or surrender of lease or sublease to be registered ‘(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 LandTitleAct, section 65(2) an instrument of lease for transferred land must include a plan of survey identifying the lease land. ‘Subdivision 4 Forfeiture of particular leases ‘40O Application of sdiv 4 ‘This subdivision applies to a lease granted under section 40D(1)(a) for private residential purposes. ‘40P Grounds for forfeiture of lease ‘(1) The 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 trustee of the lease land; or (b) the lessee acquired the lease by fraud. ‘(2) In this section— relevant condition , of a lease, means— (a) a condition of the lease mentioned in section 40J(1)(b); or (b) another condition, if the trustee reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease. Page 46 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] ‘40Q Application to Land Court for forfeiture ‘(1) Before the lease is forfeited, the trustee must refer the matter to the Land Court to decide whether the lease may be forfeited. ‘(2) The trustee must give the lessee, and any mortgagee of the lease, at least 28 days written notice of the trustee’s intention to refer the matter to the Land Court. ‘(3) The notice must state the grounds on which the trustee 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 trustee must file a copy of the notice in the Land Court at the same time as the trustee refers the matter to the court. ‘40R Trustee’s options if Land Court decides lease may be forfeited ‘If the Land Court decides the lease may be forfeited, the trustee 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 trustee and the lessee. ‘40S Notice and effect of forfeiture ‘(1) If the trustee forfeits the lease, the trustee must, within 60 days after receiving notice of the Land Court’s decision about 2008 Act No. 29 Page 47

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] 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. ‘40T Payment by trustee for forfeited lease ‘(1) If the trustee forfeits the lease, the trustee must pay to the person who was the lessee the amount equal to the value of the lease land, and any lawful improvements on the land, on the day the lease is forfeited (the maximum amount ) less any amounts deducted from the maximum amount under section 40V. ‘(2) The value of the lease land is the amount as decided by the trustee using the valuation methodology mentioned in section 40J(1)(a)(iii). ‘(3) The value of any lawful 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 lease. ‘(4) Subject to subsections (2) and (3), the trustee must decide the amount payable to the person. ‘(5) The trustee must decide the amount payable to the person as soon as practicable after giving the person notice that the lease is forfeited. Page 48 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] ‘(6) On deciding the amount payable, the trustee must give the person written notice of the decision. ‘(7) The notice must state— (a) the amount; and (b) that the person may appeal against the decision and how the person may appeal. ‘(8) This section is subject to section 40U. ‘40U Unclaimed amounts ‘If the trustee can not find the person entitled to receive the amount payable under section 40T, or the person does not collect the amount from the trustee within 9 years after the day the lease is forfeited, the amount is forfeited to the trustee. ‘40V Amounts owing to trustee or mortgagee to be deducted ‘If the trustee forfeits the lease, the trustee may deduct the following amounts from the maximum amount— (a) an amount in payment of all costs properly incurred by the trustee in forfeiting the lease; (b) an amount in payment of expenses incurred by the trustee to rectify damage caused to the lease land by the person who was the lessee; (c) any amount owing to the trustee 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. ‘40W Payment of amount to mortgagee in discharge of mortgage ‘(1) This section applies if the trustee forfeits the 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. 2008 Act No. 29 Page 49

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] ‘(2) The trustee must pay to the mortgagee— (a) if the amount that may be deducted from the maximum amount under section 40V(d) is less than the difference between the maximum amount and the amounts deducted under section 40V(a), (b) or (c)—the amount that may be deducted from the maximum amount under section 40V(d); or (b) otherwise—the amount equal to the difference between the maximum amount and the amounts deducted under section 40V(a), (b) or (c). ‘(3) The trustee must pay the amount payable under subsection (2) to the mortgagee— (a) if no appeal is made under this subdivision against the decision under section 40T about the 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 under this subdivision against the decision mentioned in paragraph (a)—within 28 days after the appeal is finally decided. ‘(4) If the trustee 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. ‘40X Appeal against decision under s 40T ‘(1) A person the subject of a decision under section 40T about an amount payable to the person may appeal to the Land Court against the decision. ‘(2) An appeal is started by filing written notice of appeal with the registrar of the Land Court. ‘(3) The person must give a copy of the notice of appeal to the trustee of the lease land to which the decision relates. ‘(4) The notice of appeal must be filed within 28 days after the person receives notice of the decision. Page 50 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 2 Amendment of Aboriginal Land Act 1991 [s 24] ‘(5) However, the Land Court may, at any time within the 28 days, extend the period for making the appeal. ‘(6) The appeal is by way of rehearing, unaffected by the decision, on the material before the trustee and any further evidence allowed by the Land Court. ‘40Y Powers of Land Court on appeal ‘(1) In deciding the appeal, the Land Court has the same powers as the trustee of the lease land. ‘(2) The Land Court may— (a) confirm the decision; or (b) set aside the decision and substitute another decision; or (c) set aside the decision and return the issue to the trustee with directions the court considers appropriate. ‘(3) If the Land Court substitutes another decision, the substituted decision is, other than for the purpose of an appeal under this subdivision, taken to be the decision of the trustee of the lease land. ‘Subdivision 5 Grant of licences ‘40Z Grant of licence for transferred land ‘The trustee of transferred land may grant a licence for the use of all or a part of the land only— (a) to an Aborigine 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. 2008 Act No. 29 Page 51

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 85] ‘(6) On deciding the amount payable, the grantees must give the person written notice of the decision. ‘(7) The notice must state— (a) the amount; and (b) that the person may appeal against the decision and how the person may appeal. ‘(8) This section is subject to section 37U. ‘37U Unclaimed amounts ‘If the grantees can not find the person entitled to receive the amount payable under section 37T, or the person does not collect the amount from the grantees within 9 years after the day the lease is forfeited, the amount is forfeited to the grantees. ‘37V Amounts owing to grantees or mortgagee to be deducted ‘If the grantees forfeit the lease, the grantees may deduct the following amounts from the maximum amount— (a) an amount in payment of all costs properly incurred by the grantees in forfeiting the lease; (b) an amount in payment of expenses incurred by the grantees to rectify damage caused to the lease land by the person who was the lessee; (c) any amount owing to the grantees 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. Page 140 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 85] ‘37W Payment of amount to mortgagee in discharge of mortgage ‘(1) This section applies if the grantees forfeit the 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 grantees must pay to the mortgagee— (a) if the amount that may be deducted from the maximum amount under section 37V(d) is less than the difference between the maximum amount and the amounts deducted under section 37V(a), (b) or (c)—the amount that may be deducted from the maximum amount under section 37V(d); or (b) otherwise—the amount equal to the difference between the maximum amount and the amounts deducted under section 37V(a), (b) or (c). ‘(3) The grantees must pay the amount payable under subsection (2) to the mortgagee— (a) if no appeal is made under this subdivision against the decision under section 37T about the 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 under this subdivision against the decision mentioned in paragraph (a)—within 28 days after the appeal is finally decided. ‘(4) If the grantees pay an amount to the mortgagee in relation to a mortgage of the lease, the mortgagee must use the amount in discharge of the mortgage. ‘37X Appeal against decision under s 37T ‘(1) A person the subject of a decision under section 37T about an amount payable to the person may appeal to the Land Court against the decision. ‘(2) An appeal is started by filing written notice of appeal with the registrar of the Land Court. 2008 Act No. 29 Page 141

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 85] ‘(3) The person must give a copy of the notice of appeal to the grantees of the lease land to which the decision relates. ‘(4) The notice of appeal must be filed within 28 days after the person receives notice of the decision. ‘(5) However, the Land Court may, at any time within the 28 days, extend the period for making the appeal. ‘(6) The appeal is by way of rehearing, unaffected by the decision, on the material before the grantees and any further evidence allowed by the Land Court. ‘37Y Powers of Land Court on appeal ‘(1) In deciding the appeal, the Land Court has the same powers as the grantees of the lease land. ‘(2) The Land Court may— (a) confirm the decision; or (b) set aside the decision and substitute another decision; or (c) set aside the decision and return the issue to the grantees with directions the court considers appropriate. ‘(3) If the Land Court substitutes another decision, the substituted decision is, other than for the purpose of an appeal under this subdivision, taken to be the decision of the grantees of the lease land. ‘Subdivision 5 Grant of licences ‘37Z Grant of licence for transferred land ‘The grantees of transferred 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— Page 142 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 85] (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. ‘37ZA Conditions of licences ‘(1) A licence granted under section 37Z(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 a term of not more than 10 years; or (ii) created with the Minister’s prior written consent. ‘(2) A licence granted under section 37Z(b) or (c) is subject to the condition that an interest can not be created under the licence. ‘(3) A licence for the use of all or a part of transferred land can not be renewed or transferred. ‘Subdivision 6 Transfer of land held by registered native title body corporate ‘37ZB Transfer of transferred land held by registered native title body corporate ‘(1) This section applies to transferred land held by a registered native title body corporate (the original body corporate ). ‘(2) The land may be transferred only— (a) with the Minister’s prior written approval; and (b) to a registered native title body corporate that, under the Commonwealth Native Title Act, has replaced the original body corporate.’. 2008 Act No. 29 Page 143

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 86] ‘Subdivision 7 Other matters ‘37ZC Grantees to advise chief executive of change to description of land ‘If grantees deal with transferred land held by the grantees in a way that changes the description of the land as shown in the freehold land register, the grantees must as soon as practicable after the dealing happens give the chief executive written notice of the change. ‘37ZD Particular dealings in transferred land void ‘(1) A grant, transfer or other creation of an interest in transferred land in contravention of this division is void. ‘(2) Subsection (1) does not apply to a registered interest.’. 86 Amendment of s 38 (No resumption of transferred land etc.) (1) Section 38, heading, ‘ No ’— omit, insert— ‘ Provision about ’. (2) Section 38(1), from ‘except by’— omit, insert— ‘other than under the Acquisition Act by a constructing authority.’. (3) Section 38(2)— renumber as section 38(4). (4) Section 38— insert— ‘(2) However, an interest in transferred land may be taken under the Acquisition Act only for a relevant purpose. Page 144 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 87] ‘(3) To remove any doubt, it is declared that, for taking an interest in transferred land under the Acquisition Act, the transferred land is land as defined in that Act.’. (5) Section 38— insert— ‘(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 State Development and Public Works OrganisationAct 1971 ; or (b) the PetroleumandGas(ProductionandSafety)Act2004 .’. 87 Insertion of new pts 5A and 5B Before part 6— insert— ‘Part 5A Provisions about mortgages of leases over Torres Strait Islander land ‘80A Application of pt 5A ‘If, in relation to the mortgaging of a lease over Torres Strait Islander land, there is an inconsistency between a provision of this part and the LandTitleAct, part 6, division 3, or the Property Law Act 1974 , the provision of this part prevails to the extent of the inconsistency. ‘80B Provisions about entering into possession of, and selling, lease ‘(1) This section applies if a mortgagee enters into possession of a lease granted over Torres Strait Islander land. 2008 Act No. 29 Page 145

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 87] ‘(2) The mortgagee must give the grantees of the land written notice of the fact within 28 days after entering into possession. ‘(3) The mortgagee must arrange to sell the lease within the later of the following periods to end (the applicable period )— (a) 4 years after entering into possession of the lease; (b) the longer period agreed in writing between the mortgagee and the grantees. ‘(4) For subsection (3)(b)— (a) the period mentioned in subsection (3)(a) may be extended or further extended for not more than 2 years at a time; and (b) an extension or further extension of the period must be agreed in writing before the period or further extended period would otherwise have ended. ‘(5) In considering whether to agree to an extension or further extension, the grantees must have regard to the measures the mortgagee has already taken to sell the lease. ‘(6) If the mortgagee does not sell the lease within the applicable period, the grantees may sell the lease. ‘(7) The mortgagee or grantees may sell the lease only to a person who, under this Act, would be entitled to be granted the lease. ‘(8) The grantees must not sell the lease for less than— (a) the amount owing to the mortgagee by the lessee under the mortgage on the day the lease is sold; or (b) if the grantees and the mortgagee agree the lease may be sold for an amount less than the amount mentioned in paragraph (a)—the agreed amount. ‘80C How grantees deal with proceeds of sale ‘(1) This section applies if, under section 80B, the grantees sell a mortgaged lease. Page 146 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 87] ‘(2) The grantees must apply the proceeds of the sale, under the PropertyLawAct1974 , as if the lease were sold by the mortgagee and the amount of the sale were received by the mortgagee. ‘(3) However, in applying the proceeds of the sale, the grantees must firstly apply the proceeds to the payment of all costs, charges and expenses properly incurred by the grantees for the sale or any attempted sale. ‘Part 5B Leasing of Torres Strait Islander trust land ‘Division 1 Preliminary ‘80D Definitions for pt 5B ‘In this part— Torres Strait Islander trust land means— (a) land subject to a deed of grant in trust granted for the benefit of Torres Strait Islanders or for the purpose of a Torres Strait Islander reserve under the repealed Land Act 1962 ; or (b) land reserved and set apart under the repealed Land Act 1962 for a Torres Strait Islander reserve or for the benefit of Torres Strait Islanders; or (c) land subject to a deed of grant in trust granted for the benefit of Torres Strait Islanders under the Land Act; or (d) land dedicated under the Land Act as a reserve for the provision of services beneficial to Torres Strait Islanders particularly concerned with the land. trustee , of Torres Strait Islander trust land, means the trustee of the land under the Land Act. 2008 Act No. 29 Page 147

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 87] trustee (Torres Strait Islander) lease means a lease of Torres Strait Islander trust land granted under part 3, division 2, subdivision 3 as applied under section 80F(2). ‘80E Relationship with Land Act ‘(1) The following provisions of the Land Act, chapter 3, part 1, division 7 do not apply to Torres Strait Islander trust land— (a) sections 57 to 59; (b) section 61, to the extent it relates to a lease or sublease of the land; (c) section 63, to the extent it relates to a lease of the land; (d) section 64; (e) sections 65 and 66, to the extent they relate to a lease of the land. ‘(2) For the purposes of the Land Act, other than the provisions mentioned in subsection (1), a trustee (Torres Strait Islander) lease is taken to be a trustee lease under that Act. ‘Division 2 Leases ‘80F Trustee (Torres Strait Islander) leases ‘(1) A trustee of Torres Strait Islander trust land may lease all or a part of the land under part 3, division 2, subdivision 3. ‘(2) For subsection (1), the relevant provisions apply in relation to the leasing of Torres Strait Islander trust land— (a) as if a reference in the provisions to transferred land were a reference to Torres Strait Islander trust land; and (b) as if a reference in the provisions to the Minister were a reference to— (i) if the Torres Strait Islander trust land is transferable land—the Minister administering this Act; and Page 148 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 87] (ii) if the Torres Strait Islander trust land is not transferable land—the Minister administering the Land Act; and (c) as if the reference in section 37F(4)(a) to section 37(1)(a) were a reference to section 80F(4)(a); and (d) as if a reference in the provisions to the grantees were a reference to a trustee; and (e) as if the reference in section 37H(3)(a) to a stated standard terms document under the Land Title Act were a reference to a stated mandatory standard terms document under the Land Act; and (f) as if the reference in section 37N(2) to the Land TitleAct, section 65(2) were a reference to the LandAct, section 57(5). ‘(3) If the consent of the Minister is required in relation to a lease of Torres Strait Islander trust land that is transferable land, the Minister must not give the consent unless satisfied the lease is for the benefit of Torres Strait Islanders particularly concerned with the land. ‘(4) The trustee of Torres Strait Islander trust land that is transferable land must not grant a lease over the land for more than 30 years unless— (a) the trustee has explained to the Torres Strait Islanders particularly concerned with the land the nature, purpose and effect of the lease; and (b) the Torres Strait Islanders are given a suitable opportunity to express their views on, and are generally in agreement with, the grant of the lease. ‘(5) The grant of a lease over Torres Strait Islander trust land in contravention of part 3, division 2, subdivision 3 is void, unless the lease is registered. ‘(6) Subsection (5) applies despite any other Act. ‘(7) In this section— 2008 Act No. 29 Page 149

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 87] relevant provisions means section 37A and part 3, division 2, subdivisions 3 and 4. ‘80G Amending trustee (Torres Strait Islander) lease ‘(1) A document of amendment of a registered trustee (Torres Strait Islander) lease must not— (a) increase or decrease the area leased; or (b) add or remove a party to the lease; or (c) be lodged after the lease’s term has ended. ‘(2) In this section— term , of a trustee (Torres Strait Islander) lease, includes a period of possession under the lease because of— (a) the exercise of an option to renew the lease; or (b) a registered document of amendment extending the term of the lease. ‘80H Mortgage of trustee (Torres Strait Islander) lease ‘(1) Subject to subsection (2), a lessee of Torres Strait Islander trust land may, under the Land Act, chapter 6, part 4, division 4, mortgage a trustee (Torres Strait Islander) lease. ‘(2) For mortgaging a trustee (Torres Strait Islander) lease— (a) the Land Act, chapter 6, part 4, division 4, applies— (i) as if the reference in section 345(2) to the Minister were a reference to the trustee; and (ii) as if section 346(1) provided that the mortgagee may offer the lease for sale by public auction or may sell the lease by private contract; and (iii) as if the reference in section 346(3) to a person qualified under the Land Act to hold the lease were a reference to a person entitled under this Act to a grant of the lease; and Page 150 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 87] (iv) as if section 347 were omitted; and (b) section 80B applies as if the reference in section 80B(1) to Torres Strait Islander land were a reference to Torres Strait Islander trust land. ‘80I Surrender of trustee (Torres Strait Islander) lease ‘All or part of a trustee (Torres Strait Islander) lease or a sublease of a trustee (Torres Strait Islander) lease may be surrendered only if each registered mortgagee and registered sublessee of the interest being surrendered has given written agreement to the surrender. ‘Division 3 Other matters ‘80J Trustee to advise about ending of particular lease for commercial purpose ‘(1) This section applies if a trustee (Torres Strait Islander) lease for more than 30 years granted by a trustee over transferable land for a commercial purpose ends. ‘(2) The trustee must give the registrar written notice of the ending. ‘(3) The notice must include particulars of the land that was the subject of the trustee (Torres Strait Islander) lease. ‘80K Recording information about land ‘(1) If a lease for more than 30 years for a commercial purpose on transferable land is registered, the registrar must keep records that show the land is no longer transferable land. ‘(2) The registrar must keep the records in a way that a search of the appropriate register kept by the registrar will show the land is not transferable land 2008 Act No. 29 Page 151

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 88] ‘(3) If a trustee gives the registrar a notice under section 80J(2) about particular land, the registrar must keep records that show the land is transferable land. ‘(4) The registrar must keep the records in a way that a search of the appropriate register kept by the registrar will show the land is transferable land.’. 88 Amendment of s 81 (Crown’s use of Islander land preserved) Section 81(3), ‘under section 36 or 73’— omit, insert— ‘, or a person for a private residential purpose, under part 3, division 2’. 89 Amendment of s 83 (Access to land used by Crown) (1) Section 83(3), from ‘The grantees’ to ‘subsection (2)’— omit, insert— ‘The grantees of Torres Strait Islander land, other than a registered native title body corporate, must not agree on a route for subsection (2)(b)’. (2) Section 83(4), ‘subsection (2)’— omit, insert— ‘subsection (2)(b)’. 90 Amendment of s 84 (Application of Mineral ResourcesAct) (1) Section 84(7)— renumber as section 84(8). (2) Section 84— insert— Page 152 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 91] ‘(7) Subsection (6) applies in relation to Torres Strait Islander land held by a registered native title body corporate as if the reference in the subsection to Torres Strait Islanders particularly concerned with the land were a reference to the registered native title body corporate that holds the land.’. 91 Amendment of s 129 (Rights of access to interests preserved) (1) Section 129(3), from ‘The grantees’ to ‘subsection (2)’— omit, insert— ‘The grantees of Torres Strait Islander land, other than a registered native title body corporate, must not agree on a route for subsection (2)(a)’. (2) Section 129(4), ‘subsection (2)’— omit, insert— ‘subsection (2)(a)’. 92 Amendment of s 131 (Delegation by Minister) Section 131, ‘section 25,’— omit, insert— ‘section 13B, 25, 25A,’. 93 Insertion of new ss 133A and 133B After section 133— insert— ‘133A Dealing with particular trust property ‘(1) This section applies to a trustee, other than the State, if the trustee receives an amount (the lease amount ) paid under section 37K for the value of a dwelling. ‘(2) The trustee must ensure an amount equal to the lease amount is used by the trustee for housing services for Torres Strait Islanders concerned with the land held by the trustee. 2008 Act No. 29 Page 153

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 7 Amendment of Torres Strait Islander Land Act 1991 [s 94] ‘(3) In this section— housing service means— (a) providing housing to an individual for residential use; or (b) any of the following kinds of service— (i) tenant advisory services; (ii) tenant advocacy services; (iii) home maintenance services; (iv) home modification services; (v) housing-related referral and information services. trustee means— (a) the grantees of Torres Strait Islander land; or (b) a trustee, under the Land Act, of Torres Strait Islander trust land. ‘133B Application of Residential Tenancies Act 1994 ‘The Residential Tenancies Act 1994 does not apply to a lease granted under this Act for private residential purposes.’. 94 Amendment of s 135 (Regulation-making power) Section 135(2)— insert— ‘(i) the minimum annual rental amount payable by the State under a lease granted to the State under this Act.’. 95 Insertion of new pt 10, div 2 After section 136— insert— Page 154 2008 Act No. 29

‘Division 2 Aboriginal and Torres Strait Islander Land Amendment Act 2008 Part 8 Minor and consequential amendments [s 96] Transitional provision for Aboriginal and Torres Strait Islander Land Amendment Act 2008 ‘137 Interests in Torres Strait Islander land continue ‘If Torres Strait Islander land was, immediately before the commencement of this section, subject to an interest granted or otherwise created under section 36 or 73 as in force before the commencement, the interest continues in force.’. Part 8 Minor and consequential amendments 96 Acts amended in schedule (1) The schedule amends the Acts it mentions. (2) However, subsection (1) does not apply in relation to a particular Act if another provision of this Act states that the schedule amends the particular Act. 2008 Act No. 29 Page 155

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Schedule Schedule Minor and consequential amendments sections 3, 73 and 96 Aboriginal Land Act 1991 1 Section 14(b), ‘by the Crown’— omit. 2 Sections 18(1)(a) and (2), 20, 21(1), 24, 25, 42 and 80, ‘Crown’— omit, insert— ‘State’. 3 Before section 19— insert— ‘Division 4A Available State land’. 4 Part 2, divisions 4A and 5— renumber as part 2, divisions 5 and 6. 5 Sections 25(d), (e) and (f), 30, 34(2)(a)(ii), 60(6), 61(3), 62(3), 66, 109(5), 116(4) and 117(9), ‘ Land Act 1994 ’— omit, insert— ‘Land Act’. 6 Section 34(1), ‘Crown’— omit, insert— ‘State or Commonwealth that is not registered’. Page 156 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Schedule 7 Section 34(3), ‘ Land Title Act 1994 ’— omit, insert— ‘Land Title Act’. 8 Section 36, ‘Island’— omit. 9 Section 46(3), ‘Island’— omit. 10 Part 5, division 5, heading— omit. 11 Sections 83F and 83FA— renumber as sections 83E and 83F. 12 Part 6, heading— omit, insert— ‘Part 6 Occupation and use of Aboriginal land by the State or Commonwealth’. 13 Section 133, heading, ‘Crown’— omit, insert— ‘ State or Commonwealth ’. 14 Section 133, ‘the Crown in right of’— omit. 2008 Act No. 29 Page 157

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Schedule 15 Section 137(2)(b), ‘section 83’— omit, insert— ‘section 132A’. 16 Part 10, heading ‘provision’— omit, insert— ‘ provisions ’. 17 Section 139(1), from ‘the commencement’— omit, insert— ‘18 March 2005.’. 18 Part 11, heading— omit, insert— ‘Part 11 Transitional provisions ‘Division 1 Transitional provision for AuditLegislation Amendment Act 2006’. 19 After section 143, as inserted by this Act— insert— ‘Schedule Dictionary section 3’. Page 158 2008 Act No. 29

Aboriginal and Torres Strait Islander Land Amendment Act 2008 Schedule Torres Strait Islander Land Act 1991 1 Sections 16(1)(c), 22(c), 28, 31(2)(b) and (3), 32(1)(b), 33(1)(a) and (2), 57(6), 58(3), 59(3), 61(1)(d), 63, 70(4), 106(5), 113(4) and 114(9), ‘ Land Act 1994 ’— omit, insert— ‘Land Act’. 2 Section 32(3), ‘ Land Title Act 1994 ’— omit, insert— ‘Land Title Act’. 3 Section 61(3)(b), from ‘appropriate register’— omit, insert— ‘appropriate register.’. 4 Part 10, heading— omit, insert— ‘Part 10 Transitional provisions ‘Division 1 Transitional provision for AuditLegislation Amendment Act 2006’. © State of Queensland 2008 2008 Act No. 29 Page 159