Aboriginal and Torres Strait Islander Land (Consequential Amendments) Act 1991 (Qld)

Queensland ABORIGINAL AND TORRES STRAIT ISLANDER LAND (CONSEQUENTIAL AMENDMENTS) ACT 1991 TABLE OF PROVISIONS PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 2—AMENDMENT OF ABORIGINAL LAND ACT 1991 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s.2.12 (Lands that are claimable lands) . . . . . . . . . . . . . . 2 5 Amendment of s.2.13 (Lands that are available Crown land—general) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s.3.02 (Minister to appoint trustees) . . . . . . . . . . . . . . . . . 3 7 Amendment of s.3.06 (Existing interests) . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8 Insertion of new s.3.08A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3.08A Cancellation of leases over Aurukun and Mornington Island Shire Lease lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Amendment of s.3.15 (Reservations of forest products and quarry material etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Amendment of s.5.18 (Reservations of forest products and quarry material etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 Amendment of s.8.02 (Appointment of members) . . . . . . . . . . . . . . . . . . . 5 PART 3—AMENDMENT OF ABORIGINES AND TORRES STRAIT ISLANDERS (LAND HOLDING) ACT 1985 12 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13 Insertion of new ss.33A and 33B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 33A Cessation of Part 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 33B Transitional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

PART 4—AMENDMENT OF COMMUNITY SERVICES (ABORIGINES) ACT 1984 14˙ Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15˙ Amendment of s.6 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16˙ Amendment of s.26 (Provisions concerning making of by-laws) . . . . . . . 7 17˙ Amendment of s. 45A (Authorised officers) . . . . . . . . . . . . . . . . . . . . . . . . 8 18˙ Amendment of s. 68 (Power of Aboriginal Council to regulate presence in area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 19˙ Amendment of s.77 (Aborigines’ right to certain natural resources) . . . . 9 20˙ Insertion of new ss.77A and 77B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 77A Aborigines’ right to certain forest products and quarry material—Aboriginal land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 77B Aborigines’ right to certain forest products and quarry material—non- Aboriginal land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 5—AMENDMENT OF COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 21˙ Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 22˙ Amendment of s.6 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 23˙ Amendment of s.24 (Provisions concerning making of by-laws) . . . . . . . 11 24˙ Amendment of s.43A (Authorised officers) . . . . . . . . . . . . . . . . . . . . . . . . . 11 25˙ Amendment of s.66 (Power of Island Council to regulate presence in area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 26˙ Amendment of s.76 (Islanders’ right to certain natural resources) . . . . . . 12 27˙ Insertion of new ss.76A and 76B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 76A Islanders’ right to certain forest products and quarry material—Torres Strait Islander land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 76B Islanders’ right to certain forest products and quarry material—nonTorres Strait Islander land . . . . . . . . . . . . . . . . . . . . 13 PART 6—AMENDMENT OF FISHERIES ACT 1976 14 28 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 29 Amendment of s.5 (Non-application of Act) . . . . . . . . . . . . . . . . . . . . . . . 14 30 Amendment of s.6 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 31 Amendment of s.51 (Power to set apart and declare land and waters as a reserve, sanctuary or ground) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 7—AMENDMENT OF FISHING INDUSTRY ORGANIZATION AND MARKETING ACT 1982 32 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 33 Amendment of s.6 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

34 Amendment of s.45AA (Non-application of Act in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 8—AMENDMENT OF LAND ACT 1962 35 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 36 Amendment of s.5 (Interpretation of terms) . . . . . . . . . . . . . . . . . . . . . . . . 17 37 Amendment of s.30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 38 Insertion of new s.33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 33A Non-application of certain provisions of Act to members of Land Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 39 Amendment of s. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 9—AMENDMENT OF LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 40 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 41 Amendment of s.3 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 42 Amendment of s.25 (By-laws may regulate presence in Shires) . . . . . . . 20 43 Amendment of s.29 (Preservation of Aborigines’ hunting and gathering rights) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 PART 10—AMENDMENT OF TORRES STRAIT ISLANDER LAND ACT 1991 44 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 45 Amendment of s.2.09 (Lands that are claimable lands) . . . . . . . . . . . . . . 21 46 Amendment of s.3.02 (Minister to appoint trustees) . . . . . . . . . . . . . . . . . 22 47 Amendment of s.3.06 (Existing interests) . . . . . . . . . . . . . . . . . . . . . . . . . 22 48 Amendment of s.3.15 (Reservations of forest products and quarry material etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 49 Amendment of s. 4.09 (Establishment of claim on ground of customary affiliation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 50 Amendment of s.5.18 (Reservations of forest products and quarry material etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 51 Amendment of s.8.02 (Appointment of members) . . . . . . . . . . . . . . . . . . . 23

Queensland Aboriginal and Torres Strait Islander Land (Consequential Amendments) Act 1991 Act No. 76 of 1991 An Act to amend the Aboriginal Land Act 1991 and the Torres StraitIslander Land Act 1991 , and certain other Acts consequent on the enactment of those Acts [ Assented to 21 November 1991 ]

2 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Aboriginal and Torres Strait Islander Land (Consequential Amendments) Act 1991 . ˙ Commencement 2. Parts 3 to 9 commence on a day to be fixed by proclamation. PART 2—AMENDMENT OF ABORIGINAL LAND ACT 1991 ˙ Amended Act 3. The Aboriginal Land Act 1991 is amended as set out in this Part. ˙ Amendment of s.2.12 (Lands that are claimable lands) 4.(1) Section 2.12(1)— omit ‘ Claimable ’, insert ‘ Subject to subsection (3), claimable ’. (2) At the end of section 2.12— insert — ‘(3) The Governor in Council may, by order in council, declare that an area of transferred land is not claimable land. ‘(4) The Governor in Council must not make a declaration under subsection (3) unless the Governor in Council is satisfied that— (a) the land is primarily used or occupied by Aboriginal people for

3 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 residential or community purposes; or (b) the Minister has consulted with the Aboriginal people particularly concerned with the land and a substantial majority of the Aboriginal people are opposed to the land being claimable land. ’. ˙ Amendment of s.2.13 (Lands that are available Crown land—general) 5.(1) Section 2.13(1) (after ‘ Subject to ’ )— insert ‘ subsection (1A) and ’. (2) After section 2.13(1)— insert — ‘(1A) The Governor in Council may, by order in council, declare land inside the Torres Strait area to be available Crown land if it is land in which no person other than the Crown has an interest. ’. ˙ Amendment of s.3.02 (Minister to appoint trustees) 6. After section 3.02(4)— insert — ‘(4A) Despite subsection (4), the Minister may appoint the trustees of transferable land to be the grantees of a deed of grant over the land, or part of the land, if— (a) a declaration is in force under section 2.12(3) in relation to the land; or (b) the Minister considers that in all the circumstances it is appropriate to do so. ’. ˙ Amendment of s.3.06 (Existing interests) 7.(1) Section 3.06(2)(a)— omit ‘ in perpetuity ’. (2) At the end of section 3.06— insert —

4 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 ‘(3) The terms of a lease mentioned in subsection (2) are not affected by the operation of this section, section 3.07 or any other provision of this Act and, for the purposes of those terms, the Land Act 1962 continues to apply to a lease that was a special lease under that Act, with all necessary modifications and such modifications as are prescribed, as if the lease continued to be such a lease and the grantees of the land were the Crown. ’. ˙ Insertion of new s.3.08A 8. After section 3.08— insert — ‘ ˙ Cancellation of leases over Aurukun and Mornington Island Shire Lease lands ‘3.08A(1) When a deed of grant over the whole or a part of Aurukun Shire Lease land or Mornington Island Shire Lease land takes effect under section 3.05, the lease granted to the relevant Council under the LocalGovernment (Aboriginal Lands) Act 1978 is cancelled, to the extent of the deed of grant, by operation of this section. ‘(2) To allay any doubt, if a lease is cancelled only in relation to part of the land, a reference in the Local Government (Aboriginal Lands) Act 1978 to the demised land is a reference to the remaining part of the land. ’. ˙ Amendment of s.3.15 (Reservations of forest products and quarry material etc.) 9.(1) Section 3.15(1)— omit ‘ and below ’ (first occurring), insert ‘ or below ’. (2) Section 3.15(1)(c)— omit ‘ and below ’, insert ‘ or below, as the case may be, ’. (3) Section 3.15(2)— omit ‘ and below ’, insert ‘ or below ’.

5 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 ˙ Amendment of s.5.18 (Reservations of forest products and quarry material etc.) 10.(1) Section 5.18(1)— omit ‘ and below ’ (first occurring), insert ‘ or below ’. (2) Section 5.18(1)(c)— omit ‘ and below ’, insert ‘ or below, as the case may be, ’. (3) Section 5.18(2) (after ‘ reservation ’ )— insert ‘ to the Crown ’. ˙ Amendment of s.8.02 (Appointment of members) 11. Section 8.02(5)— omit . PART 3—AMENDMENT OF ABORIGINES AND TORRES STRAIT ISLANDERS (LAND HOLDING) ACT 1985 ˙ Amended Act 12. The AboriginesandTorresStraitIslanders(LandHolding)Act1985 is amended as set out in this Part. ˙ Insertion of new ss.33A and 33B 13. After section 33— insert — ‘ ˙ Cessation of Part 2 ‘33A. An application may not be made for a lease under this Act after the commencement of this section.

6 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 ‘ ˙ Transitional ‘33B.(1) This section applies to a lease of land under section 9(2) that is continued in force under— (a) section 3.06 or 5.08 of the Aboriginal Land Act 1991 ; or (b) section 3.06 or 5.08 of the Torres Strait Islander Land Act 1991 . ‘(2) After the commencement of this section— (a) a reference in sections 16(2), 17, 21, 22, 23 and 25 to an Aboriginal Council or Island Council in relation to land held under the lease; or (b) a reference in a covenant or condition of the lease to an Aboriginal Council or Island Council; is a reference to the grantees of the land. ‘(3) Section 27 does not apply to the lease. ‘(4) The lessee may appeal to the Land Court against an assessment of rent made by the grantees. ‘(5) An appeal— (a) may only be made on the ground that the rent payable because of the assessment is unreasonable; and (b) must be made under any applicable Rules of Court and regulations. ‘(6) The Land Court is to determine the amount of rent payable. ‘(7) In this section— “grantees” , in relation to land, means the persons to whom the land is granted under the AboriginalLandAct1991 or the TorresStraitIslander Land Act 1991 . ’.

7 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 PART 4—AMENDMENT OF COMMUNITY SERVICES (ABORIGINES) ACT 1984 ˙ Amended Act 14. The Community Services (Aborigines) Act 1984 is amended as set out in this Part. ˙ Amendment of s.6 (Meaning of terms) 15.(1) Section 6(1)— insert — ‘ “Aboriginal land” has the meaning given by section 2.04 of the Aboriginal Land Act 1991 ; ‘ “non-Aboriginal land” means land that is not Aboriginal land; ’. (2) Section 6(1) (definition “trust area” )— omit , insert — ‘ “trust area” means land within the area for which an Aboriginal Council is established, and includes land that is— (a) granted in trust under the Land Act 1962 for the benefit of Aboriginal inhabitants or for the purpose of an Aboriginal reserve; or (b) reserved and set apart under the Land Act 1962 for an Aboriginal reserve or for the benefit of Aboriginal inhabitants; or (c) land mentioned in paragraph (a) or (b) that has become Aboriginal land; ’. ˙ Amendment of s.26 (Provisions concerning making of by-laws) 16. After section 26(4)(c)— insert — ‘ ; and (d) if section 68(2) applies—

8 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 (i) a certificate of the chairperson and the clerk of the council that section 68(2) has been complied with; and (ii) the written consent of the grantees concerned to the making of the by-law. ’. ˙ Amendment of s. 45A (Authorised officers) 17.(1) Section 45A(2)— omit ‘ An ’, insert ‘ Subject to subsection (3), an ’. (2) At the end of section 45A— insert — ‘(3) An authorised officer may only perform a function or exercise a power, in respect of Aboriginal land in the area for which the authorised officer is appointed, under an agreement between the Aboriginal Council and the grantees of the land. ’. ˙ Amendment of s. 68 (Power of Aboriginal Council to regulate presence in area) 18. At the end of section 68— insert — ‘(2) An Aboriginal Council must not make a by-law under this section in respect of Aboriginal land in its area unless— (a) the grantees of the land— (i) have consented to the proposed by-law; and (ii) have explained to the Aboriginal people particularly concerned with the land the nature, purpose and effect of the proposed by-law; and (b) the Aboriginal people have been given adequate opportunity to express their views on, and are generally in agreement with, the proposed by-law; and (c) it has subsequently given the Aboriginal people notice of not less than 1 month of its intention to make the by-law.

9 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 ‘(3) If land immediately before becoming Aboriginal land was subject to a by-law made by an Aboriginal Council under this section, the by-law continues in force, but expires 1 year after the land becomes Aboriginal land. ’. ˙ Amendment of s.77 (Aborigines’ right to certain natural resources) 19.(1) Section 77(1)(b)— omit . (2) Section 77(2)— omit ‘ or any forest products or quarry material taken in accordance with that subsection ’. (3) Section 77(3)— omit . ˙ Insertion of new ss.77A and 77B 20. After section 77— insert — ‘ ˙ Aborigines’ right to certain forest products and quarry material—Aboriginal land ‘77A.(1) If there is no reservation to the Crown of forest products or quarry material, within the meaning of the Forestry Act 1959 , above, on or below the surface of Aboriginal land, the Aboriginal Council for the area in which the land is situated may, subject to subsection (2), authorise the gathering or digging, and removal, of forest products or quarry material for use in the area. ‘(2) An Aboriginal Council must not give an authority unless— (a) the authority is given under an agreement between the Aboriginal Council and the grantees of the land; or (b) failing agreement, the Aboriginal Council pays the grantees of the land such compensation as is determined by the Land Court.

10 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 ‘ ˙ Aborigines’ right to certain forest products and quarry material—non-Aboriginal land ‘77B.(1) Despite any other Act, a member of a community of Aborigines that lives on non-Aboriginal land in a trust area is not liable to prosecution for an offence for taking forest products or quarry material, within the meaning of the Forestry Act 1959 , from above, on or below the surface of the land for use within the area in which the land is situated. ‘(2) Subsection (1) does not authorise the sale or other disposal for gain of forest products or quarry material taken under that subsection. ‘(3) Despite the Forestry Act 1959 , an Aboriginal Council established for an area may authorise the gathering or digging, and removal of forest products or quarry material from above, on or below the surface of non- Aboriginal land situated in the area for use in the area. ‘(4) The forest products or quarry material may be gathered or dug, and removed, under subsection (3) without the payment of royalty. ’. PART 5—AMENDMENT OF COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 ˙ Amended Act 21. The Community Services (Torres Strait) Act 1984 is amended as set out in this Part. ˙ Amendment of s.6 (Meaning of terms) 22.(1) Section 6(1)— insert — ‘ “Torres Strait Islander land” has the meaning given by section 2.03 of the Torres Strait Islander Land Act 1991 ; ‘ “non-Torres Strait Islander land” means land that is not Torres Strait Islander land; ’.

11 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 (2) Section 6(1) (definition ‘‘trust area” )— omit , insert — ‘ “trust area” means land within the area for which an Island Council is established, and includes land that is— (a) granted in trust under the Land Act 1962 for the benefit of Torres Strait Islander inhabitants or for the purpose of a Torres Strait Islander reserve; or (b) reserved and set apart under the Land Act 1962 for a Torres Strait Islander reserve or for the benefit of Torres Strait Islander inhabitants; or (c) land mentioned in paragraph (a) or (b) that has become Torres Strait Islander land; ’. ˙ Amendment of s.24 (Provisions concerning making of by-laws) 23. After section 24(4)(c)— insert — ‘ and (d) if section 66(2) applies— (i) a certificate of the chairperson and the clerk of the council that section 66(2) has been complied with; and (ii) the written consent of the grantees concerned to the making of the by-law. ’. ˙ Amendment of s.43A (Authorised officers) 24.(1) Section 43A(2)— omit ‘ An ’, insert ‘ Subject to subsection (3), an ’. (2) At the end of section 43A— insert — ‘(3) An authorised officer may only perform a function or exercise a power, in respect of Torres Strait Islander land in the area for which the

12 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 authorised officer is appointed, under an agreement between the Island Council and the grantees of the land. ’. ˙ Amendment of s.66 (Power of Island Council to regulate presence in area) 25. At the end of section 66— insert — ‘(2) An Island Council must not make a by-law under this section in respect of Torres Strait Islander land in its area unless— (a) the grantees of the land— (i) have consented to the proposed by-law; and (ii) have explained to the Islanders particularly concerned with the land the nature, purpose and effect of the proposed by-law; and (b) the Islanders have been given adequate opportunity to express their views on, and are generally in agreement with, the proposed by- law; and (c) it has subsequently given the Islanders notice of not less than 1 month of its intention to make the by-law. ‘(3) If land immediately before becoming Torres Strait Islander land was subject to a by-law made by an Island Council under this section, the by- law continues in force, but expires 1 year after the land becomes Torres Strait Islander land. ’. ˙ Amendment of s.76 (Islanders’ right to certain natural resources) 26.(1) Section 76(1)(b)— omit . (2) Section 76(2)— omit ‘ or any forest products or quarry material taken in accordance with that subsection ’.

13 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 (3) Section 76(3)— omit . ˙ Insertion of new ss.76A and 76B 27. After section 76— insert — ‘Islanders’ right to certain forest products and quarry material—Torres Strait Islander land ‘76A.(1) If there is no reservation to the Crown of forest products or quarry material, within the meaning of the Forestry Act 1959 , above, on or below the surface of Torres Strait Islander land, the Island Council for the area in which the land is situated may, subject to subsection (2), authorise the gathering or digging, and removal, of forest products or quarry material for use in the area. ‘(2) An Island Council must not give an authority unless — (a) the authority is given under an agreement between the Island Council and the grantees of the land; or (b) failing agreement, the Island Council pays the grantees of the land such compensation as is determined by the Land Court. ‘Islanders’ right to certain forest products and quarry material—non- Torres Strait Islander land ‘76B.(1) Despite any other Act, a member of a community of Islanders that lives on non-Torres Strait Islander land in a trust area is not liable to prosecution for an offence for taking forest products or quarry material, within the meaning of the Forestry Act 1959 , from above, on or below the surface of the land for use within the area in which the land is situated. ‘(2) Subsection (1) does not authorise the sale or other disposal for gain of forest products or quarry material taken under that subsection. ‘(3) Despite the Forestry Act 1959 , an Island Council established for an area may authorise the gathering or digging, and removal of forest products or quarry material from above, on or below the surface of non-Torres Strait

14 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 Islander land situated in the area for use in the area. ‘(4) The forest products or quarry material may be gathered or dug, and removed, under subsection (3) without the payment of royalty. ’. PART 6—AMENDMENT OF FISHERIES ACT 1976 Amended Act 28. The Fisheries Act 1976 is amended as set out in this Part. Amendment of s.5 (Non-application of Act) 29. Section 5(1)(d)— omit — ‘ a reserve being land reserved and set apart by the Governor in Council under the provisions of law relating to Crown lands for the benefit of Aborigines or Torres Strait Islanders ’, insert — ‘ Aboriginal land or Torres Strait Islander land ’. Amendment of s.6 (Interpretation) 30.(1) Section 6(1)— insert — ‘ “Aboriginal land” means land that is— (a) transferable land; or (b) transferred land; or (c) transferred land that is claimed and granted under the AboriginalLand Act 1991 ; ‘ “Torres Strait Islander land” means land that is —

15 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 (a) transferable land; or (b) transferred land; or (c) transferred land that is claimed and granted under the TorresStrait Islander Land Act 1991 ; ‘ “transferable land” has the meaning given by— (a) for the purposes of the definition “Aboriginal land” —section 2.05(1) of the Aboriginal Land Act 1991 ; and (b) for the purposes of the definition “Torres Strait Islander land” —section 2.04(1) of the Torres Strait Islander Land Act 1991 ; ‘ “transferred land” has the meaning given by— (a) for the purposes of the definition “Aboriginal land” —section 2.05(2) of the Aboriginal Land Act 1991 ; and (b) for the purposes of the definition “Torres Strait Islander Land” —section 2.04(2) of the TorresStraitIslanderLandAct1991 ; ’. (2) Section 6(1) (definition “community” )— omit , insert — ‘ “community” means the inhabitants of Aboriginal land or Torres Strait Islander land; ’. Amendment of s.51 (Power to set apart and declare land and waters as a reserve, sanctuary or ground) 31.(1) Section 51(2) (paragraph (d) of proviso, after ‘ shall ’ )— insert — ‘ , unless the land is granted land within the meaning of the Aboriginal LandAct 1991 or the Torres Strait Islander Land Act 1991 , ’. (2) Section 51(2) (last paragraph, after ‘ and shall ’ )— insert — ‘ , unless the land is granted land within the meaning of the Aboriginal LandAct 1991 or the Torres Strait Islander Land Act 1991 , ’.

16 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 PART 7—AMENDMENT OF FISHING INDUSTRY ORGANIZATION AND MARKETING ACT 1982 Amended Act 32. The FishingIndustryOrganizationandMarketingAct1982 is amended as set out in this Part. Amendment of s.6 (Interpretation) 33.(1) Section 6(1)— insert — ‘ “Aboriginal land” means land that is— (a) transferable land; or (b) transferred land; or (c) transferred land that is claimed and granted under the AboriginalLand Act 1991 ; ‘ “Torres Strait Islander land” means land that is— (a) transferable land; or (b) transferred land; or (c) transferred land that is claimed and granted under the TorresStrait Islander Land Act 1991 ; ‘ “transferable land” has the meaning given by— (a) for the purposes of the definition “Aboriginal land” —section 2.05(1) of the Aboriginal Land Act 1991 ; and (b) for the purposes of the definition “Torres Strait Islander land” —section 2.04(1) of the Torres Strait Islander Land Act 1991 ; ‘ “transferred land” has the meaning given by— (a) for the purposes of the definition “Aboriginal land” —section 2.05(2) of the Aboriginal Land Act 1991 ; and (b) for the purposes of the definition “Torres Strait Islander

17 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 land” —section 2.04(2) of the Torres Strait Islander Land Act 1991 ; ’. (2) Section 6(1) (definition “community” )— omit , insert — ‘ “community” means the inhabitants of Aboriginal land or Torres Strait Islander land; ’. Amendment of s.45AA (Non-application of Act in certain circumstances) 34. Section 45AA(d)— omit ‘ a reserve being land reserved and set apart by the Governor in Council under the provisions of law relating to Crown lands for the benefit of Aborigines or Torres Strait Islanders ’, insert ‘ Aboriginal land or Torres Strait Islander land ’. PART 8—AMENDMENT OF LAND ACT 1962 Amended Act 35. The Land Act 1962 is amended as set out in this Part. Amendment of s.5 (Interpretation of terms) 36. Section 5— insert — ‘ “Land Tribunal” means a Land Tribunal established under the AboriginalLandAct1991 or the TorresStraitIslanderLandAct1991 ; ’.

18 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 Amendment of s.30 37. Section 30(1) (second sentence)— omit , insert — ‘(1A) The Court consists of such number of members as the Governor in Council appoints. ‘(1B) The Governor in Council is to appoint members by commission. ‘(1C) The Governor in Council— (a) is to appoint the chairperson and the deputy chairperson of each Land Tribunal; and (b) may appoint any other member of a Land Tribunal; as a member of the Land Court. ‘(1D) A member of a Land Tribunal appointed to the Land Court is to be appointed— (a) if the member is the chairperson—on a full-time basis; and (b) in any other case—on a part-time basis. ‘(1E) A member of a Land Tribunal who is appointed to the Land Court ceases to be a member of the Land Court if the person ceases to be a member of a Land Tribunal and is not a member of the other Land Tribunal. ‘(IF) Subsection (1E) does not prevent the person mentioned in that subsection from being re-appointed as a member of the Land Court. ’. Insertion of new s.33A 38. After section 33— insert — ‘Non-application of certain provisions of Act to members of Land Tribunal ‘33A. Sections 31 to 34 do not apply to a member of the Court who is a member of a Land Tribunal. ’.

19 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 Amendment of s. 44 39. After section 44(1)— insert — ‘(1A) For the purposes of hearing appeals from a Land Tribunal, the Land Appeal Court is to consist of a Judge of the Supreme Court and any 2 members of the Land Court, including (where practicable) not less than 1 member of the Land Tribunal, other than a member who constituted the Land Tribunal for the purposes of making the decision appealed against. ‘(1B) For the purpose of determining a question of law referred to it by a Land Tribunal, the Land Appeal Court is to consist of a Judge of the Supreme Court and any 2 members of the Land Court, including (where practicable) not less than 1 presiding member of the Land Tribunal, and may include a presiding member who constituted the Land Tribunal for the purpose of referring the question of law. ‘(1C) The chairperson of the relevant Land Tribunal is to recommend to the President of the Land Court the member or members of the Land Tribunal who should, in the chairperson’s opinion, sit as a member or members of the Land Appeal Court in an appeal or reference to it under subsection (1A) or (1B). ‘(1D) The chairperson may recommend that the chairperson should sit in the appeal or reference. ’. PART 9—AMENDMENT OF LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 Amended Act 40. The Local Government (Aboriginal Lands) Act 1978 is amended as set out in this Part.

20 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 Amendment of s.3 (Meaning of terms) 41. Section 3(1)— insert — ‘ “Aboriginal land” has the meaning given by section 2.04 of the Aboriginal Land Act 1991 ; ’. Amendment of s.25 (By-laws may regulate presence in Shires) 42. At the end of section 25— insert — ‘(2) The Council of the Shire of Aurukun or the Council of the Shire of Mornington must not make a by-law under subsection (1) in respect of Aboriginal land in its Area unless— (a) the grantees of the land— (i) have consented to the proposed by-law; and (ii) have explained to the Aboriginal people particularly concerned with the land the nature, purpose and effect of the proposed by-law; and (b) the Aboriginal people have been given adequate opportunity to express their views on, and are generally in agreement with, the proposed by-law; and (c) it has subsequently given the Aboriginal people notice of not less than 1 month of its intention to make the by-law. ‘(3) If land immediately before becoming Aboriginal land was subject to a by-law made by the Council of the Shire of Aurukun or the Council of the Shire of Mornington under this section, the by-law continues in force, but expires 1 year after the land becomes Aboriginal land. ’. Amendment of s.29 (Preservation of Aborigines’ hunting and gathering rights) 43. At the end of section 29— insert —

21 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 ‘(2) An Aborigine must not enter Aboriginal land for a purpose mentioned in subsection (1) unless the Aborigine is entitled or permitted to enter the land under Aboriginal tradition. ’. PART 10—AMENDMENT OF TORRES STRAIT ISLANDER LAND ACT 1991 Amended Act 44. The Torres Strait Islander Land Act 1991 is amended as set out in this Part. Amendment of s.2.09 (Lands that are claimable lands) 45.(1) Section 2.09(1)— omit ‘ Claimable ’, insert ‘ Subject to subsection (3), claimable ’. (2) At the end of section 2.09— insert — ‘(3) The Governor in Council may, by order in council, declare that an area of transferred land is not claimable land. ‘(4) The Governor in Council must not make a declaration under subsection (3) unless the Governor in Council is satisfied that— (a) the land is primarily used or occupied by Torres Strait Islanders for residential or community purposes; or (b) the Minister has consulted with the Torres Strait Islanders particularly concerned with the land and a substantial majority of the Torres Strait Islanders are opposed to the land being claimable land. ’.

22 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 Amendment of s.3.02 (Minister to appoint trustees) 46. After section 3.02(4)— insert — ‘(4A) Despite subsection (4), the Minister may appoint the trustees of transferable land to be the grantees of a deed of grant over the land, or part of the land, if— (a) a declaration is in force under section 2.09(3) in relation to the land; or (b) the Minister considers that in all the circumstances it is appropriate to do so. ’. Amendment of s.3.06 (Existing interests) 47.(1) Section 3.06(2)(a)— omit ‘ in perpetuity ’. (2) At the end of section 3.06— insert — ‘(3) The terms of a lease mentioned in subsection (2) are not affected by the operation of this section, section 3.07 or any other provision of this Act and, for the purposes of those terms, the Land Act 1962 continues to apply to a lease that was a special lease under that Act, with all necessary modifications and such modifications as are prescribed, as if the lease continued to be such a lease and the grantees of the land were the Crown. ’. Amendment of s.3.15 (Reservations of forest products and quarry material etc.) 48.(1) Section 3.15(1)— omit ‘ and below ’ (first occurring), insert ‘ or below ’. (2) Section 3.15(1)(c)— omit ‘ and below ’, insert ‘ or below, as the case may be ’. (3) Section 3.15(2)—

23 Aboriginal and Torres Strait Islander Land (Consequential Amendments) No. 76, 1991 omit ‘ and below ’, insert ‘ or below ’. Amendment of s. 4.09 (Establishment of claim on ground of customary affiliation) 49. Section 4.09(1)— omit ‘ and ’ (first occurring), insert ‘ or ’. Amendment of s.5.18 (Reservations of forest products and quarry material etc.) 50.(1) Section 5.18(1)— omit ‘ and below ’ (first occurring), insert ‘ or below ’. (2) Section 5.18(1)(c)— omit ‘ and below ’, insert ‘ or below, as the case may be, ’. Amendment of s.8.02 (Appointment of members) 51. Section 8.02(5)— omit . The State of Queensland 1991