Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 (Qld)

Queensland Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 234 made under the AboriginalLandAct1991 TorresStraitIslanderLandAct1991 Contents Part 1 1 Part 2 2 3 4 5 6 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Aboriginal Land Regulation 1991 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 21 (Function of land trust) . . . . . . . . . . . . . . . . . 4 Omission of ss 21A and 21B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Insertion of new pt 3, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 1A Rules of land trusts Subdivision 1 Adoption of rules 24A Adoption of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 24B Content of adopted rules . . . . . . . . . . . . . . . . . . . . . . 5 Subdivision 2 Rules about proxies 24C Definition for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 24D Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 6 24E Appointing proxy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 24F When appointment of proxy is effective . . . . . . . . . . . 7 24G Counting proxies for quorum . . . . . . . . . . . . . . . . . . . 7 Subdivision 3 Rule about resolutions of executive committee without meetings

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Contents 7 8 9 10 11 12 13 14 15 16 17 18 19 Part 3 20 21 22 24H Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 24I Resolution of executive committee without meeting. . Replacement of s 35B (Annual financial statement) . . . . . . . . . . 35B Annual financial statement . . . . . . . . . . . . . . . . . . . . . Amendment of s 35C (Audit requirements) . . . . . . . . . . . . . . . . . Replacement of pt 3, divs 5 and 6 . . . . . . . . . . . . . . . . . . . . . . . . Division 5 General meetings 35D Holding general meetings. . . . . . . . . . . . . . . . . . . . . . 35DA Chief executive may call general meeting . . . . . . . . . 35E Material to be given to chief executive . . . . . . . . . . . . 35EA Land trust to keep minutes of meetings . . . . . . . . . . . Division 6 Land Trust register 35F Keeping land trust register . . . . . . . . . . . . . . . . . . . . . 35G Obtaining information in land trust register. . . . . . . . . Replacement of pt 5 hdg (Decision making process) . . . . . . . . . . Omission of ss 44 and 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 46 (Code of conduct regarding mining leases) . Omission of s 47 (Declarations by grantees regarding dealings) . Replacement of ss 55 and 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Prescribed percentage—Act, s 88 . . . . . . . . . . . . . . . Amendment of s 58 (Tidal land that is available Crown land—Act, s 21) .................................. Amendment of s 59 (Available Crown land that is transferable land—Act, s 12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 60 (Available Crown land that is claimable land—Act, s 18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of pt 9 (Transitional provisions) . . . . . . . . . . . . . . . . Division 3 Transitional provision for Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 66 Particular rules taken to be adopted rules . . . . . . . . . Amendment of schs 1, 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Torres Strait Islander Land Regulation 1991 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 21 (Function of land trust) . . . . . . . . . . . . . . . . . Amendment of s 46 (Code of conduct regarding mining leases) . 7 7 8 8 8 8 9 9 10 11 11 12 12 13 13 13 13 13 14 14 14 15 15 15 15 16 16 Page 2 2008 SL No. 234

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 . Part 2 Amendment of Aboriginal Land Regulation 1991 2 Regulation amended in pt 2 This part amends the Aboriginal Land Regulation 1991. 3 Amendment of s 2 (Definitions) (1) Section 2, definitions approved form, general meeting and land trust — omit. (2) Section 2— insert— ‘ adopted rules , of a land trust, see section 24A(1). land trust register means the register established and maintained by the chief executive under section 35F. meeting , for part 3, division 1A, subdivision 2, see section 24C.’. (3) Section 2, definition grantee — insert— ‘(c) another person appointed as a trustee of the Aboriginal land held by the land trust.’. 2008 SL No. 234 Page 3

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Land Regulation 1991 [s 4] 4 Amendment of s 21 (Function of land trust) Section 21(3), ‘section 28(6)’— omit, insert— ‘sections 28B and 65(4)’. 5 Omission of ss 21A and 21B Sections 21A and 21B— omit. 6 Insertion of new pt 3, div 1A Part 3, division 1, after section 24— insert— ‘Division 1A Rules of land trusts ‘Subdivision 1 Adoption of rules ‘24A Adoption of rules ‘(1) A land trust must adopt rules governing the land trust ( adopted rules ). ‘(2) A land trust must adopt its first rules as soon as practicable after it comes into existence. ‘(3) Within 28 days after a land trust adopts its first rules, adopts changes to its adopted rules or adopts new rules, the land trust must give the chief executive a copy of its adopted rules. ‘(4) If there is an inconsistency between subdivision 2 or 3 and a land trust’s adopted rules, the subdivision prevails to the extent of the inconsistency. Page 4 2008 SL No. 234

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Land Regulation 1991 [s 6] ‘24B Content of adopted rules ‘The adopted rules of a land trust must include provision for the following— (a) the establishment, membership and functions of the land trust’s executive committee; (b) the process for decision making by the land trust and its committees; (c) the creation of the land trust’s executive offices and the procedure for filling the offices; (d) the appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent; (e) the procedure for settling disputes between the land trust and the individual grantees of the land trust; (f) the frequency of meetings of the executive committee, and how the meetings are to be held; (g) the way the land trust’s general meetings are to be called and held; (h) requirements for managing trust property, including requirements for the following— (i) keeping records of the land trust’s transactions; (ii) procedures for authorising payments, and for making payments, out of the land trust’s funds; (iii) keeping control over trust property; (iv) procedures for incurring liabilities by or for the land trust; (i) the procedure for adopting changes to the adopted rules of the land trust and for adopting new rules. ‘Subdivision 2 Rules about proxies 2008 SL No. 234 Page 5

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Land Regulation 1991 [s 6] ‘24C Definition for sdiv 2 ‘In this subdivision— meeting , of a land trust, means— (a) a general meeting of the land trust; or (b) a meeting of the executive committee of the land trust. ‘24D Application of sdiv 2 ‘This subdivision applies to a land trust unless, under its adopted rules, the appointment of proxies for a meeting of the land trust is not permitted. ‘24E Appointing proxy ‘(1) A person who is entitled to attend and cast a vote at a meeting of the land trust may appoint an individual to attend and vote for the person at the meeting. ‘(2) An appointment of a proxy is valid if— (a) it is signed by the person making the appointment, or otherwise authenticated in a way the land trust considers appropriate; and (b) it includes the following information— (i) the person’s name; (ii) the proxy’s name; (iii) the meeting at which the appointment may be used. ‘(3) An appointment may state the way the proxy is to vote on a particular resolution. ‘(4) In this section— individual means an individual who is— (a) a grantee of the land trust; or (b) an Aboriginal person particularly concerned with the land held by the land trust. Page 6 2008 SL No. 234

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Land Regulation 1991 [s 6] ‘24F When appointment of proxy is effective ‘The appointment of a proxy for a meeting of the land trust is effective only if the proxy’s appointment is received by the land trust before the meeting starts. ‘24G Counting proxies for quorum ‘(1) In deciding whether a quorum is present at a meeting of the land trust, an individual attending the meeting as a proxy is counted. ‘(2) However, if a person has appointed more than 1 proxy for a particular meeting, only 1 of the proxies is counted. ‘(3) If an individual is attending a particular meeting both as a grantee of the land trust and as a proxy for 1 or more persons, the individual is counted only twice. ‘(4) If an individual who is not a grantee of the land trust is attending a particular meeting as a proxy for 1 or more persons, the individual is counted only once. ‘Subdivision 3 Rule about resolutions of executive committee without meetings ‘24H Application of sdiv 3 ‘This subdivision applies to a land trust unless, under its adopted rules, a resolution of its executive committee may not be passed other than at a meeting of the committee. ‘24I Resolution of executive committee without meeting ‘A resolution of the executive committee of a land trust is validly made by the committee, even if it is not passed at a meeting of the committee, if— (a) notice of the proposed resolution is given, under procedures approved by the committee, to all members of the committee entitled to vote on the resolution; and 2008 SL No. 234 Page 7

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Land Regulation 1991 [s 7] (b) all members of the committee entitled to vote on the resolution give written agreement to the resolution.’. 7 Replacement of s 35B (Annual financial statement) Section 35B— omit, insert— ‘35B Annual financial statement ‘(1) A land trust must, by 30 September each year, prepare and adopt an annual financial statement for the financial year most recently ended, if the land trust’s total income from all sources for that financial year is more than $10000. ‘(2) If a land trust prepares and adopts an annual financial statement under subsection (1), the land trust must give a copy of the statement to the chief executive within 28 days after it is adopted.’. 8 Amendment of s 35C (Audit requirements) (1) Section 35C(1)(d) and (3), ‘land claims registrar’— omit, insert— ‘chief executive’. (2) Section 35C(4), from ‘if—’— omit, insert— ‘if the land trust’s total income from all sources for the latest financial year is not more than $10000.’. 9 Replacement of pt 3, divs 5 and 6 Part 3, divisions 5 and 6— omit, insert— ‘Division 5 General meetings Page 8 2008 SL No. 234

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Land Regulation 1991 [s 9] ‘35D Holding general meetings ‘(1) A land trust must hold an annual general meeting as soon as practicable after the end of each financial year. ‘(2) However, a land trust need not hold a meeting under subsection (1) if— (a) the land trust’s total income from all sources for the financial year is not more than $10000; and (b) the land trust was not required, under its rules, to hold an election in the financial year for members of its executive committee; and (c) the executive committee of the land trust considers there are no items of business for an annual general meeting. ‘(3) A land trust may hold a special general meeting at any time. ‘(4) A general meeting must be called and held in the way required under the rules of the land trust. ‘(5) Subsection (4) is subject to section 35DA. ‘35DA Chief executive may call general meeting ‘(1) This section applies if— (a) at least 3 individual grantees of a land trust ask the chief executive in writing to call a general meeting of the land trust; and (b) the chief executive is satisfied— (i) the holding of the meeting is for a purpose relevant to the land trust; and (ii) it is appropriate in the circumstances to hold the meeting. ‘(2) The chief executive may, by written notice given to the land trust and each grantee of the land trust, call a general meeting of the land trust. ‘(3) The chief executive, or another person approved by the chief executive, is the chairperson of the meeting. 2008 SL No. 234 Page 9

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Land Regulation 1991 [s 9] ‘(4) The quorum for the meeting is— (a) the number of grantees, decided by the chief executive before the meeting is held, that the chief executive considers appropriate in the circumstances; or (b) if paragraph (a) does not apply—3 grantees. ‘35E Material to be given to chief executive ‘(1) As soon as practicable after a land trust holds an annual general meeting after the end of a financial year, it must give the chief executive— (a) a copy of the minutes of the meeting; and (b) a compliance statement for the financial year; and (c) the names and addresses of all the current grantees of the land trust; and (d) the name of each member of the land trust’s executive committee, and the position held by the member; and (e) a contact telephone number for the chairperson and secretary of the land trust; and (f) the land trust’s address for the service of documents and a contact telephone number for the land trust. ‘(2) If, under section 35D(2), a land trust need not hold an annual general meeting after the end of a financial year, the land trust must as soon as practicable after the end of the year give to the chief executive— (a) a compliance statement for the financial year; and (b) the names and addresses of all the current grantees of the land trust; and (c) the name of each member of the land trust’s executive committee, and the position held by the member; and (d) a contact telephone number for the chairperson and secretary of the land trust; and Page 10 2008 SL No. 234

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Land Regulation 1991 [s 9] (e) the land trust’s address for the service of documents and a contact telephone number for the land trust. ‘(3) In this section— compliance statement , for a financial year, means a statement in the approved form about a land trust’s compliance in the financial year with the obligations imposed on it under the Act and the rules of the land trust. ‘35EA Land trust to keep minutes of meetings ‘A land trust must keep minutes of its general meetings. ‘Division 6 Land Trust register ‘35F Keeping land trust register ‘(1) The chief executive must establish and maintain a land trust register. ‘(2) The register must contain all the following information about each land trust— (a) the land trust’s name, address for the service of documents and contact telephone number; (b) a description of the Aboriginal land held by the land trust; (c) the names and addresses of all the current grantees of the land trust; (d) the name of each member of the land trust’s executive committee, and the position held by the member; (e) a contact telephone number for the chairperson and secretary of the land trust; (f) a copy of the land trust’s adopted rules; (g) copies of annual financial statements and audit reports the chief executive receives from the land trust under division 4. 2008 SL No. 234 Page 11

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Land Regulation 1991 [s 10] ‘(3) A land trust must give to the chief executive all the information the chief executive reasonably requires to ensure the information in the register about the land trust is accurate. ‘(4) The chief executive may keep the register in the form the chief executive considers appropriate, including, for example, in electronic form. ‘35G Obtaining information in land trust register ‘(1) A person may, in the approved form, ask the chief executive to give the person information about a land trust included in the land trust register. ‘(2) The chief executive must, if asked under subsection (1), give a person the information included in the publicly available part of the land trust register for a land trust. ‘(3) The chief executive may, if asked under subsection (1), give a person the additional information for a land trust only if the chairperson of the land trust consents in writing to the giving of the information. ‘(4) In this section— additional information , for a land trust, means the following— (a) the names of all the current grantees of the land trust; (b) the information mentioned in section 35F(2)(d), (f) or (g). publicly available part , of the land trust register for a land trust, means the part of the register containing the following information for the land trust— (a) the information mentioned in section 35F(2)(a) or (b); (b) the names of the chairperson and secretary.’. 10 Replacement of pt 5 hdg (Decision making process) Part 5, heading— Page 12 2008 SL No. 234

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Land Regulation 1991 [s 11] omit, insert— ‘Part 5 Code of conduct about mining leases’. 11 Omission of ss 44 and 45 Sections 44 and 45— omit. 12 Amendment of s 46 (Code of conduct regarding mining leases) (1) Section 46, heading ‘regarding’— omit, insert— ‘ about ’. (2) Section 46(2), ‘section 39(5) or 76(6)’— omit, insert— ‘section 40 or 77’. 13 Omission of s 47 (Declarations by grantees regarding dealings) Section 47— omit. 14 Replacement of ss 55 and 56 Sections 55 and 56— omit, insert— ‘55 Prescribed percentage—Act, s 88 ‘For section 88(2) of the Act, the percentage of the royalty amount is— 2008 SL No. 234 Page 13

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 2 Amendment of Aboriginal Land Regulation 1991 [s 15] (a) 100% of each $1 of the royalty amount up to and including, but not more than, $100000; and (b) 50% of each $1 of the royalty amount that is more than $100000 but not more than $200000; and (c) 33.32% of each $1 of the royalty amount that is more than $200000 but not more than $500000; and (d) 20% of each $1 of the royalty amount that is more than $500000 but not more than $1000000; and (e) 10% of each $1 of the royalty amount that is more than $1000000.’. 15 Amendment of s 58 (Tidal land that is available Crown land—Act, s 21) Section 58, ‘Crown’— omit, insert— ‘State’. 16 Amendment of s 59 (Available Crown land that is transferable land—Act, s 12) Section 59, ‘Crown’— omit, insert— ‘State’. 17 Amendment of s 60 (Available Crown land that is claimable land—Act, s 18) Section 60, ‘Crown’— omit, insert— ‘State’. Page 14 2008 SL No. 234

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 3 Amendment of Torres Strait Islander Land Regulation 1991 [s 18] 18 Amendment of pt 9 (Transitional provisions) Part 9— insert— ‘Division 3 Transitional provision for Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 ‘66 Particular rules taken to be adopted rules ‘(1) This section applies to a land trust in existence immediately before the commencement. ‘(2) The rules of the land trust that are in force immediately before the commencement are taken to be its adopted rules. ‘(3) In this section— commencement means the day this section commences.’. 19 Amendment of schs 1, 2 and 3 Schedules 1, 2 and 3, headings, ‘Crown’— omit, insert— ‘State’. Part 3 Amendment of Torres Strait Islander Land Regulation 1991 20 Regulation amended in pt 3 This part amends the Torres Strait Islander Land Regulation1991. 2008 SL No. 234 Page 15

Aboriginal and Torres Strait Islander Land Amendment Regulation (No. 1) 2008 Part 3 Amendment of Torres Strait Islander Land Regulation 1991 [s 21] 21 Amendment of s 21 (Function of land trust) Section 21(3), ‘section 26(6)’— omit, insert— ‘section 26A’. 22 Amendment of s 46 (Code of conduct regarding mining leases) Section 46(2), ‘section 36(5)’— omit, insert— ‘section 37’. ENDNOTES 1 Made by the Governor in Council on 17 July 2008. 2 Notified in the gazette on 18 July 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Natural Resources and Water. © State of Queensland 2008 Page 16 2008 SL No. 234