Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 (Qld)

Queensland Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Act No. 45 of 2014

Queensland Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Contents Chapter 1 1 2 Chapter 2 Part 1 3 4 5 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Aboriginal and Torres Strait Islander Land amendments Amendment of Aboriginal Land Act 1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 10 (Lands that are transferable lands) . . . . . . . 15 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Part 2A Providing freehold Division 1 Preliminary 32A Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2 Basic concepts 32B Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 3 Approval for grant of available land 32C Approval for grant of available land . . . . . . . . . . . . . . 19 Division 4 Freehold instruments Subdivision 1 Trustee may make freehold instrument 32D Trustee may make freehold instrument . . . . . . . . . . . 21 32E Trustee may have only 1 freehold instrument. . . . . . . 22 Subdivision 2 Making, amending or repealing freehold instruments 32F Definition for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 32G Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 23 32H Minister to make and publish guideline . . . . . . . . . . . 23 32I Trustee to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Contents 32J Trustee to give freehold instrument to Minister or local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 32K Local government to follow process in guideline . . . . 25 32L Minister may approve . . . . . . . . . . . . . . . . . . . . . . . . . 26 32M Amending or repealing freehold instrument . . . . . . . . 27 Subdivision 3 Other provisions about freehold instruments 32N Effect of freehold instrument . . . . . . . . . . . . . . . . . . . 27 32O Relationship with planning scheme . . . . . . . . . . . . . . 27 Division 5 Allocation process for available land—interest holder 32P Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 32Q Application for available land . . . . . . . . . . . . . . . . . . . 28 32R Dwelling on available land . . . . . . . . . . . . . . . . . . . . . 28 32S Decision on application . . . . . . . . . . . . . . . . . . . . . . . 29 32T Offer to allocate available land . . . . . . . . . . . . . . . . . . 30 32U Acceptance and refusal of offer . . . . . . . . . . . . . . . . . 31 32V Cooling-off period to apply to acceptance . . . . . . . . . 31 32W When offer ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 32X Allocation of available land to eligible person . . . . . . . 33 Division 6 Allocation process for available land if no interest holder 32Y Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 32Z Public notice of intention to allocate available land . . 34 32ZA Information to be included in allocation notice . . . . . . 34 32ZB Probity advisor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 32ZC Decision on application to participate in allocation process .............................. 36 32ZD Notice of allocation of available land . . . . . . . . . . . . . 36 32ZE How and when trustee may allocate. . . . . . . . . . . . . . 37 32ZF Allocation of available land . . . . . . . . . . . . . . . . . . . . . 37 32ZG Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Division 7 Miscellaneous 32ZH Continuation of mortgages and easements . . . . . . . . 38 32ZI Cancellation of deeds of grant in trust, reserves etc. . 38 6 Amendment of s 81 (Resource reservations under other Acts) . . 39 7 Amendment of s 97 (Power to deal with Aboriginal land) . . . . . . . 39 Page 2 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Contents 8 Amendment of pt 9, div 1, hdg (Trustee’s power to deal with Aboriginal land and Ministerial consent). . . . . . . . . . . . . . . . . . . . 39 9 Omission of ss 98 and 99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 10 Omission of pt 9, div 3 (Grant of licences) . . . . . . . . . . . . . . . . . . 40 11 Amendment of s 116 (Particular dealings in Aboriginal land void) 40 12 Replacement of pt 10 (Leasing of Aboriginal Land) . . . . . . . . . . . 40 Part 10 Leasing of Aboriginal land Division 1 Definitions 119 Definitions for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 2 Grant of leases for Aboriginal land 120 Grant of lease by trustee of Aboriginal land . . . . . . . . 41 121 Grant of lease by lessee of townsite lease . . . . . . . . . 42 Division 3 Common provisions for part 10 leases 122 General conditions of particular leases . . . . . . . . . . . 43 123 Option to renew particular lease. . . . . . . . . . . . . . . . . 43 124 Transfer of lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 125 Lease etc. to be registered. . . . . . . . . . . . . . . . . . . . . 44 Division 4 Home ownership leases Subdivision 1 Conditions and requirements 126 General conditions and requirements . . . . . . . . . . . . 44 127 Additional requirement if dwelling situated on land . . 46 128 Additional conditions and requirements for social housing dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Subdivision 2 Forfeiture 129 Grounds for forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . 47 130 Referral to Land Court for forfeiture . . . . . . . . . . . . . . 48 131 Lessor’s options if Land Court decides lease may be forfeited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 132 Notice and effect of forfeiture . . . . . . . . . . . . . . . . . . . 49 133 Extension of term of lease if proposed forfeiture . . . . 50 Subdivision 3 Renewal 134 Application to renew lease . . . . . . . . . . . . . . . . . . . . . 51 135 Notice of expiry of lease . . . . . . . . . . . . . . . . . . . . . . . 51 136 Lessor to consider and decide application . . . . . . . . . 51 137 Decision to renew lease . . . . . . . . . . . . . . . . . . . . . . . 51 138 Lessor may decide not to renew lease . . . . . . . . . . . . 52 139 Notice about decision not to renew lease. . . . . . . . . . 52 2014 Act No. 45 Page 3

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Contents 140 Extension of term of lease if application for renewal . 52 Subdivision 4 General matters about forfeiture or non-renewal of home ownership leases 141 Right to remove improvements if lease forfeited or not renewed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 142 Payment by lessor if lease forfeited or not renewed . . 53 143 Unclaimed amount . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 144 Amount owing to lessor or mortgagee . . . . . . . . . . . . 55 145 Payment of amount to mortgagee in discharge of mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Subdivision 5 Miscellaneous 146 Exemption from fees and charges . . . . . . . . . . . . . . . 56 147 Beneficiary to home ownership lease. . . . . . . . . . . . . 57 Division 5 Townsite leases Subdivision 1 Restriction on grant 148 Minister’s consent for grant of townsite lease. . . . . . . 57 Subdivision 2 Requirements for Minister’s consent 149 General requirements for Minister’s consent . . . . . . . 58 Subdivision 3 Provisions about dealing with townsite leases 150 Transfer or amendment of townsite lease. . . . . . . . . . 59 151 Surrender of townsite lease . . . . . . . . . . . . . . . . . . . . 60 152 No forfeiture of townsite lease . . . . . . . . . . . . . . . . . . 60 Subdivision 4 Effect of townsite lease on existing interests 153 Lessee of townsite lease taken to be lessor of existing leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 13 Amendment of s 179 (Decision-making by trustee) . . . . . . . . . . . 62 14 Amendment of s 180 (Definitions for pt 14) . . . . . . . . . . . . . . . . . 62 15 Amendment of s 182 (Provision about entering into possession of, and selling, lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 16 Amendment of s 186 (Trustee (Aboriginal) leases) . . . . . . . . . . . 63 17 Omission of pt 15, div 3 (Other matters) . . . . . . . . . . . . . . . . . . . 63 18 Amendment of s 196 (Application of provisions for grant of land) 64 19 Amendment of s 198 (Application of particular provisions) . . . . . 64 20 Amendment of s 199 (Use of Aboriginal land preserved). . . . . . . 65 21 Amendment of s 277 (Who may appeal) . . . . . . . . . . . . . . . . . . . 65 22 Amendment of s 280 (Notice of appeal). . . . . . . . . . . . . . . . . . . . 66 23 Amendment of s 288 (Dealing with particular trust property) . . . . 66 Page 4 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Contents 24 25 26 Part 2 27 28 29 30 Part 3 31 32 Part 4 33 34 35 Omission of s 289 (Application of Residential Tenancies andRooming Accommodation Act 2008) . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 25, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Transitional provisions for Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 307 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 Provision for existing leases . . . . . . . . . . . . . . . . . . . . 309 Provision for existing applications . . . . . . . . . . . . . . . Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Aboriginal Land Regulation 2011 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 3 (Code of conduct about mining leases) . . . . . . . Amendment of s 50 (Application of provisions for particular land) Insertion of new s 50B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50B Land for model freehold schedule . . . . . . . . . . . . . . . Amendment of Land Act 1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 14 (Governor in Council may grant land) . . . . . Amendment of Torres Strait Islander Land Act 1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 9 (Lands that are transferable lands) . . . . . . . . Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2A Providing freehold Division 1 Preliminary 28A Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Basic concepts 28B Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Approval for grant of available land 28C Approval for grant of available land . . . . . . . . . . . . . . Division 4 Freehold instruments Subdivision 1 Trustee may make freehold instrument 28D Trustee may make freehold instrument . . . . . . . . . . . 28E Trustee may have only 1 freehold instrument. . . . . . . Subdivision 2 Making, amending or repealing freehold instruments 66 67 67 67 68 68 72 72 72 73 73 73 73 74 74 75 75 76 79 80 81 2014 Act No. 45 Page 5

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Contents 28F Definition for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 28G Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 28H Minister to make and publish guideline . . . . . . . . . . . 28I Trustee to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28J Trustee to give freehold instrument to Minister or local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28K Local government to follow process in guideline . . . . 28L Minister may approve . . . . . . . . . . . . . . . . . . . . . . . . . 28M Amending or repealing freehold instrument . . . . . . . . Subdivision 3 Other provisions about freehold instruments 28N Effect of freehold instrument . . . . . . . . . . . . . . . . . . . 28O Relationship with planning scheme . . . . . . . . . . . . . . Division 5 Allocation process for available land—interest holder 28P Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Q Application for available land . . . . . . . . . . . . . . . . . . . 28R Dwelling on available land . . . . . . . . . . . . . . . . . . . . . 28S Decision on application . . . . . . . . . . . . . . . . . . . . . . . 28T Offer to allocate available land . . . . . . . . . . . . . . . . . . 28U Acceptance and refusal of offer . . . . . . . . . . . . . . . . . 28V Cooling-off period to apply to acceptance . . . . . . . . . 28W When offer ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28X Allocation of available land to eligible person . . . . . . . Division 6 Allocation process for available land if no interest holder 28Y Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Z Public notice of intention to allocate available land . . 28ZA Information to be included in allocation notice . . . . . . 28ZB Probity advisor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28ZC Decision on application to participate in allocation process .............................. 28ZD Notice of allocation of available land . . . . . . . . . . . . . 28ZE How and when trustee may allocate. . . . . . . . . . . . . . 28ZF Allocation of available land . . . . . . . . . . . . . . . . . . . . . 28ZG Deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7 Miscellaneous 28ZH Continuation of mortgages and easements . . . . . . . . 82 82 82 83 84 84 85 86 86 87 87 87 88 88 90 90 91 92 92 93 93 94 94 95 95 96 97 97 97 Page 6 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Contents 28ZI Cancellation of deeds of grant in trust, reserves etc. . 97 36 Amendment of s 64 (Power to deal with Torres Strait Islander land) 98 37 Replacement of pt 7, div 1, hdg (Trustees power to deal with Torres Strait Islander land and Ministerial consent) . . . . . . . . . . . . . . . . 98 Division 1 Trustee’s power to deal with Torres Strait Islander land 38 Omission of ss 65 and 66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 39 Omission of pt 7, div 3 (Grant of licences) . . . . . . . . . . . . . . . . . . 99 40 Amendment of s 82 (Particular dealings in Torres Strait Islander land void) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 41 Replacement of pt 8 (Leasing of Torres Strait Islander land) . . . . 99 Part 8 Leasing of Torres Strait Islander land Division 1 Definitions 84 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Division 2 Grant of leases for Torres Strait Islander land 85 Grant of lease by trustee of Torres Strait Islander land 101 86 Grant of lease by lessee of townsite lease . . . . . . . . . 102 Division 3 Common provisions for part 8 leases 87 General conditions of particular leases . . . . . . . . . . . 102 88 Option to renew particular lease. . . . . . . . . . . . . . . . . 103 89 Transfer of lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 90 Lease etc. to be registered. . . . . . . . . . . . . . . . . . . . . 103 Division 4 Home ownership leases Subdivision 1 Conditions and requirements 91 General conditions and requirements . . . . . . . . . . . . 104 92 Additional requirement if dwelling situated on land . . 105 93 Additional conditions and requirements for social housing dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Subdivision 2 Forfeiture 94 Grounds for forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . 107 95 Referral to Land Court for forfeiture . . . . . . . . . . . . . . 107 96 Lessor’s options if Land Court decides lease may be forfeited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 97 Notice and effect of forfeiture . . . . . . . . . . . . . . . . . . . 109 98 Extension of term of lease if proposed forfeiture . . . . 109 Subdivision 3 Renewal 99 Application to renew lease . . . . . . . . . . . . . . . . . . . . . 110 2014 Act No. 45 Page 7

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Contents 100 Notice of expiry of lease . . . . . . . . . . . . . . . . . . . . . . . 110 101 Lessor to consider and decide application . . . . . . . . . 111 102 Decision to renew lease . . . . . . . . . . . . . . . . . . . . . . . 111 103 Lessor may decide not to renew lease . . . . . . . . . . . . 111 104 Notice about decision not to renew lease. . . . . . . . . . 112 105 Extension of term of lease if application for renewal . 112 Subdivision 4 General matters about forfeiture or non-renewal of home ownership leases 106 Right to remove improvements if lease forfeited or not renewed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 107 Payment by lessor if lease forfeited or not renewed . . 113 108 Unclaimed amount . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 109 Amount owing to lessor or mortgagee . . . . . . . . . . . . 114 110 Payment of amount to mortgagee in discharge of mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Subdivision 5 Miscellaneous 111 Exemption from fees and charges . . . . . . . . . . . . . . . 115 112 Beneficiary to home ownership lease. . . . . . . . . . . . . 116 Division 5 Townsite leases Subdivision 1 Restriction on grant 113 Minister’s consent for grant of townsite lease. . . . . . . 116 Subdivision 2 Requirements for Minister’s consent 114 General requirements for Minister’s consent . . . . . . . 117 Subdivision 3 Provisions about dealing with townsite leases 115 Transfer or amendment of townsite lease. . . . . . . . . . 118 116 Surrender of townsite lease . . . . . . . . . . . . . . . . . . . . 119 117 No forfeiture of townsite lease . . . . . . . . . . . . . . . . . . 119 Subdivision 4 Effect of townsite lease on existing interests 118 Lessee of townsite lease taken to be lessor of existing leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 42 Amendment of s 135 (Decision-making by trustee) . . . . . . . . . . . 120 43 Amendment of s 136 (Definitions for pt 10) . . . . . . . . . . . . . . . . . 121 44 Amendment of s 138 (Provisions about entering into possession, and selling, lease) . . . . . . . . . . . . . . . . . . . . . . . . . . 121 45 Amendment of s 142 (Trustee (Torres Strait Islander) leases) . . . 122 46 Omission of pt 11, div 3 (Other matters) . . . . . . . . . . . . . . . . . . . 122 47 Amendment of s 148 (Use of Torres Strait Islander land preserved) 123 Page 8 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Contents 48 49 50 51 52 53 Part 5 54 55 56 Part 6 57 Part 7 58 Chapter 3 59 60 60A 61 Amendment of s 182 (Who may appeal) . . . . . . . . . . . . . . . . . . . Amendment of s 185 (Notice of appeal). . . . . . . . . . . . . . . . . . . . Amendment of s 192 (Dealing with particular trust property) . . . . Omission of s 193 (Application of Residential Tenancies andRooming Accommodation Act 2008) . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 19, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Transitional provisions for Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 205 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 Provision for existing leases . . . . . . . . . . . . . . . . . . . . 207 Provision for existing applications . . . . . . . . . . . . . . . Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Torres Strait Islander Land Regulation 2011 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 3 (Code of conduct about mining leases) . . . . . . . Insertion of new pt 4B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4B Miscellaneous 35B Land for model freehold schedule . . . . . . . . . . . . . . . Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor and consequential amendments Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Land Act 1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 13B (Power to declare and deal with former watercourse land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 170 (Purchase price if deed of grant offered) . . Insertion of new ch 7, pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3B Making land available for public use as beach 431O Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431P References to a lot . . . . . . . . . . . . . . . . . . . . . . . . . . . 431Q Regulation may declare area of seashore to be a declared beach area. . . . . . . . . . . . . . . . . . . . . . . . . . 431R Declared beach area and lot boundaries . . . . . . . . . . 431S Compensation not payable for declared beach area . 123 123 124 124 124 125 125 126 126 130 130 130 130 131 131 131 131 132 132 132 133 133 135 135 2014 Act No. 45 Page 9

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Contents 61A 61B 61C 61D 62 Chapter 4 63 64 65 Schedule 1 Part 1 431T Management of declared beach area and conditions of use ............................... 431U Notice to owner before making of regulation . . . . . . . 431V Consultation before registration of declaration and plan of survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431W Status of declared beach area . . . . . . . . . . . . . . . . . . 431X Exemption from contravention of use condition . . . . . 431Y Obstruction of use or enjoyment . . . . . . . . . . . . . . . . 431Z Other Acts not affected. . . . . . . . . . . . . . . . . . . . . . . . Omission of s 469. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 471 (Right to a post-Wolfe freeholding lease) . . Amendment of s 478 (Right to a post-Wolfe freeholding lease) . . Amendment of sch 2 (Original decisions). . . . . . . . . . . . . . . . . . . Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Land Valuation Act 2010 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 262 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 Limited application of Act to particular land . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Minor and consequential amendments . . . . . . . . . . . . . . . . . . Amendments commencing on 1 January 2015 Aboriginal and Torres Strait Islander Communities (Justice, Landand Other Matters) Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Aboriginal and Torres Strait Islander Land Holding Act 2013 . . . . Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Boost Grant Act 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . Cape York Peninsula Heritage Act 2007 . . . . . . . . . . . . . . . . . . . Duties Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land Court Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nature Conservation Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . Nature Conservation (Protected Areas Management) Regulation 2006 ........................................ Nature Conservation (Wildlife Management) Regulation 2006 . . Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sustainable Planning Regulation 2009. . . . . . . . . . . . . . . . . . . . . Torres Strait Islander Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . 135 137 138 139 140 141 141 141 141 142 142 142 143 144 144 144 145 145 145 149 150 150 151 151 152 153 153 153 154 154 155 Page 10 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Contents Part 2 Amendments commencing by proclamation Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Animal Care and Protection Act 2001 . . . . . . . . . . . . . . . . . . . . . Auditor-General Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cape York Peninsula Heritage Act 2007 . . . . . . . . . . . . . . . . . . . Environmental Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . Fire and Rescue Service Regulation 2011. . . . . . . . . . . . . . . . . . Geothermal Energy Act 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Greenhouse Gas Storage Act 2009 . . . . . . . . . . . . . . . . . . . . . . . Information Privacy Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . Survey and Mapping Infrastructure Act 2003 . . . . . . . . . . . . . . . . Vegetation Management Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . 155 157 157 157 158 158 159 159 159 160 160 160 161 161 2014 Act No. 45 Page 11

Queensland Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Act No. 45 of 2014 An Act to amend the Aboriginal Land Act 1991, the Aboriginal Land Regulation 2011, the Land Act 1994, the Land Valuation Act 2010, the TorresStrait Islander Land Act 1991 and the Torres Strait Islander Land Regulation2011 for particular purposes, to repeal the Aurukun and Mornington ShireLeases Act 1978, and to make minor and consequential amendments of other legislation as stated in schedule 1 [Assented to 5 September 2014]

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 1 Preliminary [s 1] The Parliament of Queensland enacts— Chapter 1 Preliminary 1 Short title This Act may be cited as the Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 . 2 Commencement (1) Chapter 2, other than part 6, and schedule 1, part 1, commence on 1 January 2015. (2) Chapter 2, part 6, and schedule 1, part 2, commence on a day to be fixed by proclamation. (3) Also, sections 60A and 61D commence on a day to be fixed by proclamation. Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 3 Act amended This part amends the Aboriginal Land Act 1991 . Note — See also the amendments in schedule 1, parts 1 and 2. Page 14 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 4] 4 Amendment of s 10 (Lands that are transferable lands) Section 10(2)— omit, insert — (2) However, land mentioned in subsection (1) ceases to be transferable land to the extent either of the following applies— (a) it is taken, under the Acquisition Act, by a constructing authority; (b) it is available land approved for a grant in fee simple by the chief executive under section 32C. (3) Also, land mentioned in subsection (1) is not transferable land to the extent it is the subject of any of the following— (a) a declaration in force under section 16; (b) an offer to allocate available land under section 32T, while the offer is in force; (c) an allocation process for available land under part 2A, division 6, until the process ends. 5 Insertion of new pt 2A After part 2— insert — Part 2A Providing freehold Division 1 Preliminary 32A Overview This part— 2014 Act No. 45 Page 15

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (a) allows available land to be granted in freehold under the LandAct to an eligible person for the available land; and (b) requires— (i) the trustee of freehold option land to consult on and make a freehold instrument; and (ii) the local government for the area in which the land is situated to attach the freehold instrument to its planning scheme; and (c) sets out how, and to whom, the trustee may allocate available land depending on whether the person is an eligible person for the land. Division 2 Basic concepts 32B Definitions for pt 2A In this part— allocation method , for available land, means— (a) the auction, ballot or tender to be used to allocate the available land; and (b) the conditions of the auction, ballot or tender. allocation notice see section 32Z(1)(a). allocation process , for available land, means— (a) if there is an interest holder for the available land—the process stated in division 5; or (b) otherwise—the process stated in division 6. Page 16 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] 2014 Act No. 45 appeal period , for available land, means the period starting on the day a person receives an information notice in relation to the available land and ending— (a) if no notice of appeal is filed in relation to the available land—on the last day for making an appeal; or (b) if a notice of appeal is filed in relation to the available land—when the appeal is finally decided. available land see section 32D(3). closing day , for division 6, see section 32ZA(1)(d). eligibility criteria see section 32D(6)(a). eligible person , for available land, means a person who meets the eligibility criteria for the land and is— (a) an Aboriginal person or Torres Strait Islander; or (b) the spouse or former spouse of— (i) a person mentioned in paragraph (a); or (ii) an Aboriginal person or Torres Strait Islander who is deceased. freehold instrument means a freehold schedule and the freehold policy for the freehold schedule. freehold option land means land in the Aurukun Shire Council’s area, the Mornington Shire Council’s area or an indigenous local government’s area if— (a) any of the following entities are the trustee of the land— (i) the Aurukun Shire Council; Page 17

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (ii) the Mornington Shire Council; (iii) an indigenous local government; (iv) a land trust; (v) another entity holding the land under this Act; and (b) the land is in an urban area. freehold policy , for a freehold schedule, see section 32D(5). freehold schedule — (a) means a schedule made as mentioned in section 32D(1) by the trustee of freehold option land; and (b) includes a model freehold schedule. indigenous local government see the LocalGovernment Act 2009 , schedule 4. interest holder , for available land, means a person who holds any of the following interests in the land— (a) a registered lease granted under this Act or the Land Act, other than a townsite lease; (b) a lease entitlement under the new Land Holding Act; (c) a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act; (d) a registered sublease, including a registered lease of a townsite lease; (e) a residential tenancy agreement for a social housing dwelling situated on the available land; Page 18 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (f) a right to occupy or use the available land under section 199. model freehold instrument , for division 4, subdivision 2, see section 32F. model freehold schedule see section 32D(4). native title holder has the same meaning as it has in the Commonwealth Native Title Act. offer means an offer to an eligible person by a trustee to allocate available land to the person under section 32T. planning scheme see the SustainablePlanningAct 2009 , section 79. probity advisor see section 32ZB(1). urban area means an area identified as an area intended for either urban purposes or future urban purposes on a map in a planning scheme used to show zones. urban purposes means purposes for which land is used in cities or towns, including residential, industrial, sporting, recreation and commercial purposes. Division 3 Approval for grant of available land 32C Approval for grant of available land (1) The trustee of freehold option land may apply to the chief executive, in the approved form, for available land to be granted in fee simple under the Land Act to the eligible person who has been allocated the available land under this part. (2) The trustee may make the application only if— 2014 Act No. 45 Page 19

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] Page 20 (a) there is a freehold instrument for the available land; and (b) the trustee has followed the allocation process for the available land. (3) Information in the application must, if the approved form requires, be verified by a statutory declaration. (4) In deciding the application, the chief executive— (a) must be reasonably satisfied— (i) agreements or arrangements appropriate to granting the available land as freehold have been entered into or are in place, including, for example, in relation to the following— (A) native title; (B) any social housing dwelling on the available land; (C) road access to the available land; and (ii) there is a lot on plan description for the available land; and (iii) if the available land is allocated under section 32ZF—a probity advisor has certified the probity of the allocation process for the available land; and (b) may consider any other matter the chief executive reasonably considers relevant. (5) If the chief executive approves the application, the Governor in Council may grant the land in fee simple under the Land Act. Note — See the Land Act, section 14. 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] Division 4 Freehold instruments Subdivision 1 Trustee may make freehold instrument 32D Trustee may make freehold instrument (1) The trustee of freehold option land may, by resolution, make a schedule identifying the freehold option land available to be granted in freehold. (2) The freehold schedule must identify the freehold option land so the boundaries of the land are capable of being decided. (3) Freehold option land identified in a freehold schedule is available land . (4) A freehold schedule that only identifies freehold option land of a type prescribed by regulation for this subsection is a model freehold schedule . (5) If the trustee makes a freehold schedule, the trustee must, by resolution, make a policy (a freehold policy ) at the same time to help the trustee in implementing the freehold schedule. (6) The freehold policy must be in the approved form and state— (a) the criteria (the eligibility criteria ) for participating in the allocation process for available land; and (b) if there is no interest holder for available land—the allocation method for available land; and (c) the sale price of available land and the costs to be recovered from the sale price; and 2014 Act No. 45 Page 21

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (d) how the community will be consulted about the allocation process for available land; and (e) how the trustee will deal with interests in, or in relation to, available land, before it is allocated; and (f) the social and financial implications for the community in providing freehold; and (g) the social and financial implications for any eligible person who is granted freehold; and (h) the potential to attract investment and new members into the community; and (i) any other matter prescribed by regulation. 32E Trustee may have only 1 freehold instrument (1) The trustee of freehold option land may have only 1 freehold instrument for the land. (2) However, if the trustee is an indigenous regional council, the trustee may have more than 1 freehold instrument only if the freehold instruments do not overlap in relation to available land. (3) In this section— indigenous regional council see the LocalGovernment Act 2009 , schedule 4. Subdivision 2 Making, amending or repealing freehold instruments Page 22 32F Definition for sdiv 2 In this subdivision— 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] model freehold instrument means a model freehold schedule and the freehold policy for the model freehold schedule. 32G Application of sdiv 2 This subdivision states how a freehold instrument may be made, amended or repealed. 32H Minister to make and publish guideline (1) The Minister must make, and publish on the department’s website, a guideline about the process for— (a) attaching a freehold instrument to a local government’s planning scheme; and (b) amending or repealing a freehold instrument. (2) The guideline must make provision for a local government to do all of the following things before attaching a freehold instrument to its planning scheme— (a) publish a notice about the freehold instrument in a newspaper or other publication circulating generally in the local government’s area at least once; (b) carry out public consultation about the freehold instrument; (c) give the Minister a notice summarising the matters raised during the public consultation and stating how the local government or the trustee dealt with the matters. 2014 Act No. 45 Page 23

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] 32I Trustee to consult (1) Before the trustee of freehold option land starts the process for making a freehold instrument in relation to freehold option land, the trustee must decide on the way (the decided way ) in which the trustee will consult about the making of the freehold instrument. Note — See section 179. (2) The purpose of the consultation is to enable the trustee to be reasonably satisfied it is appropriate for the freehold option land to be granted in freehold. (3) The decided way must— (a) require the trustee to consult with the native title holders for the freehold option land proposed to be included in the freehold schedule; and (b) include how the trustee will notify the community about the freehold instrument; and (c) allow a suitable and sufficient opportunity for each person the trustee consults to express their views about the freehold instrument. (4) The trustee must— (a) consult on the freehold instrument in the decided way; and (b) keep records about the consultation showing the consultation was consistent with the decided way. Page 24 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] 32J Trustee to give freehold instrument to Minister or local government (1) This section applies if, after consulting on a proposed freehold instrument, the trustee decides to continue to make a freehold instrument. (2) The trustee must— (a) for a model freehold instrument—give the model freehold instrument to the Minister for approval; or (b) otherwise—ask, by notice, the local government for the area in which the proposed freehold option land is situated to attach the freehold instrument to the local government’s planning scheme. (3) In this section— proposed freehold option land means freehold option land proposed to be included in a freehold schedule. 32K Local government to follow process in guideline (1) This section applies if a local government receives a notice under section 32J(2)(b) in relation to a freehold instrument. (2) The local government must follow the process stated in the guideline made by the Minister under section 32H. (3) After the process is completed, the local government must give the freehold instrument to the Minister for approval. 2014 Act No. 45 Page 25

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] Page 26 32L Minister may approve (1) If the Minister is given a freehold instrument for approval, the Minister may— (a) approve the freehold instrument; or (b) approve the freehold instrument on the condition the local government or trustee for the available land amends the freehold instrument in the way the Minister directs; or (c) refuse to approve the freehold instrument. (2) In making a decision under subsection (1) about a freehold instrument, other than a model freehold instrument, the Minister must have regard to information given to the Minister by the local government for the freehold instrument after the local government has completed the process under section 32K. (3) The Minister may approve a freehold instrument if reasonably satisfied— (a) for a model freehold instrument—the model freehold schedule only includes freehold option land of a type prescribed by regulation for section 32D(4); and (b) the trustee has consulted with the native title holders for the freehold option land proposed to be included in the freehold schedule; and (c) the consultation was consistent with the way decided by the trustee under section 32I. (4) The Minister must give notice of the decision under subsection (1) to the local government and the trustee for the freehold instrument. (5) If the Minister approves a freehold instrument, the local government must— 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (a) attach the freehold instrument to its planning scheme; and (b) publish, in a newspaper or other publication circulating generally in the local government’s area at least once, a notice stating the freehold instrument is approved and attached to its planning scheme. 32M Amending or repealing freehold instrument A freehold instrument attached to a local government’s planning scheme may be amended or repealed by a trustee only by following the process stated in the guideline made by the Minister under section 32H. Subdivision 3 Other provisions about freehold instruments 32N Effect of freehold instrument A freehold instrument has effect on and after the day the local government for the area in which the available land is situated attaches the freehold instrument to the local government’s planning scheme. 32O Relationship with planning scheme (1) Attaching a freehold instrument to a planning scheme is not an amendment of the planning scheme. (2) A freehold instrument attached to a planning scheme— (a) does not form part of the planning scheme; and 2014 Act No. 45 Page 27

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (b) is the responsibility of the trustee for the available land; and (c) if the planning scheme is amended or repealed and remade (with or without modification)—may be attached without amendment by the local government to the amended or remade planning scheme. Division 5 Allocation process for available land—interest holder 32P Application of div 5 This division states the allocation process for available land if there is an interest holder for the available land. 32Q Application for available land A person who is an eligible person and an interest holder for available land may apply, in the approved form, to the trustee of the land for the land to be granted to the person. Page 28 32R Dwelling on available land (1) This section applies if a dwelling is situated on available land the subject of the application. (2) The trustee must give notice about the application to the housing chief executive. (3) Within 28 days after receiving the notice, the housing chief executive must give the trustee a notice (a dwelling notice ) stating whether— (a) the dwelling is a social housing dwelling; and 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (b) if the dwelling is a social housing dwelling—the housing chief executive consents to the applicant making the application. (4) In deciding whether to consent to the applicant making the application, the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be social housing. (5) If the dwelling notice states the housing chief executive consents to the applicant making the application, the trustee must decide the value of the dwelling by using the valuation methodology agreed between the trustee and the housing chief executive. (6) The housing chief executive must, if asked, give a person a copy of the valuation methodology. 32S Decision on application (1) The trustee must consider the application and decide to approve or refuse the application. (2) However, if a dwelling is situated on the available land the subject of the application, the trustee— (a) must not decide the application until the trustee receives a notice from the housing chief executive under section 32R(3); and (b) must refuse the application if the notice states the dwelling is a social housing dwelling and the housing chief executive does not consent to the applicant making the application. (3) The trustee may approve the application only if the trustee is reasonably satisfied— 2014 Act No. 45 Page 29

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (a) the applicant is an eligible person for the available land the subject of the application; and (b) if there is more than 1 interest holder for the available land, either— (i) all interest holders for the available land have made the application; or (ii) all interest holders for the available land have consented to the applicant making the application; and (c) if there is a mortgage over the available land—the mortgagee has consented to the applicant making the application. (4) If the trustee is reasonably satisfied of the matters mentioned in subsection (3), the trustee must approve the application. (5) If the trustee decides to refuse the application, the trustee must give the applicant an information notice for the decision. 32T Offer to allocate available land (1) If the trustee approves the eligible person’s application, the trustee must offer, in writing, to allocate the available land to the eligible person. (2) However, the trustee may make the offer only after the appeal period for the available land. (3) If there is a social housing dwelling on the available land, the trustee must make the offer subject to a condition that the eligible person must purchase the dwelling at the value decided under section 32R(5). Page 30 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (4) The trustee may make the offer subject to any other conditions the trustee reasonably considers necessary. (5) In deciding whether to impose conditions on the offer under subsection (4), the trustee must have regard to the freehold instrument. (6) If the trustee decides to impose conditions on the offer, other than a condition mentioned in subsection (3), the trustee must give the eligible person an information notice for the decision. (7) The trustee must give notice to the chief executive in the approved form about the offer. 32U Acceptance and refusal of offer (1) On receipt of the trustee’s offer, the eligible person may accept or refuse the offer by notice given to the trustee. (2) However, if the eligible person does not give notice to the trustee within 45 days after the eligible person receives the offer, the eligible person is taken to have refused the offer. (3) If the eligible person refuses the offer, the trustee must give notice about the refusal to the chief executive. 32V Cooling-off period to apply to acceptance (1) A cooling-off period , for accepting an offer, is a period of 5 business days— (a) starting on the day the eligible person gives notice about accepting the offer to the trustee; and (b) ending at 5p.m. on the fifth business day after the day mentioned in paragraph (a). 2014 Act No. 45 Page 31

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (2) An eligible person who accepts, or proposes to accept, an offer may give written notice to the trustee— (a) waiving the cooling-off period for accepting the offer; or (b) shortening the cooling-off period for accepting the offer. (3) An eligible person who has not waived the cooling-off period for accepting an offer may rescind or revoke the acceptance by giving a signed notice of rescission or revocation to the trustee at any time during— (a) the cooling-off period; or (b) if the period has been shortened under subsection (2)(b), the shortened period. (4) If the acceptance is rescinded or revoked under subsection (3), the trustee must, within 14 days, refund any deposit paid under the acceptance to the eligible person. (5) An amount payable to the eligible person under subsection (4) is recoverable from the trustee as a debt. 32W When offer ends An offer ends when the first of the following happens— (a) the eligible person refuses the offer under section 32U; (b) the eligible person gives notice of rescission or revocation of acceptance to the trustee under section 32V; (c) the eligible person dies; Page 32 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (d) the eligible person is no longer an interest holder for the available land; (e) if the offer includes a condition about when the offer ends—the day the offer ends under the condition. 32X Allocation of available land to eligible person (1) After complying with all conditions of the offer, the eligible person must give notice to the trustee. (2) If, after receiving the notice, the trustee is reasonably satisfied the eligible person has complied with all conditions of the offer, the trustee must allocate the available land to the eligible person. Note — Available land may be granted in freehold to an eligible person who is allocated the available land. See section 32C. Division 6 Allocation process for available land if no interest holder 32Y Application of div 6 This division states the allocation process for available land if there is no interest holder for the available land. Note — A freehold instrument states the allocation method for available land. See section 32D(6). 2014 Act No. 45 Page 33

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] 32Z Public notice of intention to allocate available land (1) Before allocating available land, the trustee of the available land must publish notice of the trustee’s intention to allocate the available land— (a) by gazette notice (the allocation notice ); and (b) in a newspaper or other publication circulating generally in the area in which the land is situated at least once. (2) The trustee may act under subsection (1) only if— (a) there is a lot on plan description for the available land; and (b) there is dedicated access to the available land; and (c) native title over the available land has been, or will be, surrendered or extinguished; and (d) the trustee has given notice to the chief executive about the trustee’s intention to allocate the available land. Page 34 32ZA Information to be included in allocation notice (1) The allocation notice must include the following information for the available land— (a) the eligibility criteria; (b) the allocation method; (c) the conditions applying to an offer of the available land; (d) the day (the closing day ) applications to participate in the allocation process close; 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (e) the time and place for making applications; (f) the reserve or purchase price; (g) the deposit, if any, to be paid to participate in the allocation process and the proposed date, time and place for payment of the deposit; (h) the proposed date, time and place where the available land will be allocated; Note — After the appeal period for the available land, the trustee must give notice of the date, time and place where the available land will be allocated. See section 32ZD. (i) the name and contact details of the probity advisor appointed. (2) The closing day must be at least 30 days after the allocation notice is gazetted. 32ZB Probity advisor (1) The trustee must appoint an appropriately qualified and independent person (a probity advisor ) to ensure the probity of the allocation process for the available land. (2) The probity advisor must— (a) monitor the allocation process for the available land; and (b) advise the trustee on matters relating to the probity of the allocation process; and (c) prepare and give to the trustee a report about the probity of the allocation process and, if reasonably satisfied the allocation process was undertaken correctly, certify that fact. 2014 Act No. 45 Page 35

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] 32ZC Decision on application to participate in allocation process (1) As soon as practicable after the closing day, the trustee must decide whether each applicant is an eligible person for the available land and give each applicant a notice about the decision. (2) If the trustee decides an applicant is an eligible person for the available land, the trustee must allow the applicant to participate in the allocation process for the available land. (3) If the trustee decides the applicant is not an eligible person for the available land, the trustee— (a) must give the applicant an information notice for the decision; and (b) must not allow the applicant to participate in the allocation process for the available land. Page 36 32ZD Notice of allocation of available land (1) After the appeal period for the available land, the trustee must give each applicant who is able to participate in the allocation process for the available land a notice stating— (a) the date, time and place where the available land will be allocated (the allocation date ); and (b) if the allocation notice requires a deposit to be paid—the date by which the deposit must be paid; and (c) the applicant must give notice to the trustee before the allocation date if the applicant no longer wishes to participate in the allocation process. 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] (2) The date mentioned in subsection (1)(b) must be— (a) at least 30 days after the notice under this section is given; and (b) before the allocation date. (3) If the applicant does not pay the deposit by the date mentioned in subsection (1)(b), the applicant must not participate in the allocation process. 32ZE How and when trustee may allocate The trustee may allocate the available land only— (a) after the end of the appeal period; and (b) by using the allocation method consistent with all of the following for the available land— (i) the freehold instrument; (ii) the allocation notice; (iii) the probity advisor’s advice. 32ZF Allocation of available land The trustee must allocate the available land to the eligible person who is the winner under the allocation method used to allocate the available land. Note — Available land may be granted in freehold to an eligible person who is allocated the available land. See section 32C. 2014 Act No. 45 Page 37

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 5] 32ZG Deposits The trustee must refund the deposit of each unsuccessful applicant after the trustee allocates the available land. Division 7 Miscellaneous 32ZH Continuation of mortgages and easements A deed of grant for available land approved to be granted in fee simple under section 32C is subject to all registered mortgages and easements to which the available land was subject immediately before it was granted, and in the same priorities. 32ZI Cancellation of deeds of grant in trust, reserves etc. (1) This section applies if— (a) available land is subject to any of the following (each an old tenure ) when the trustee for the land applies for the land to be granted in fee simple under section 32C— (i) a deed of grant in trust; (ii) a reserve dedicated under the LandAct; (iii) a townsite lease; (iv) a lease granted to the Aurukun Shire Council or the Mornington Shire Council under the AurukunandMornington Shire Leases Act 1978 ; (v) an interest mentioned in section 32B, definition interest holder ; and Page 38 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 6] (b) a deed of grant in fee simple (a new tenure ) for the available land is registered. (2) The old tenure is cancelled to the extent of the new tenure. 6 Amendment of s 81 (Resource reservations under other Acts) Section 81, ‘and an Aboriginal lease’— omit . 7 Amendment of s 97 (Power to deal with Aboriginal land) (1) Section 97, from ‘Subject’ to ‘part 10, the’— omit, insert — (2) The (2) Section 97— (1) This section applies subject to this part and parts 2A and 10. (3) The lessee of a townsite lease may grant a licence for the use of all or a part of the lease land. 8 Amendment of pt 9, div 1, hdg (Trustee’s power to deal with Aboriginal land and Ministerial consent) Part 9, division 1, heading, ‘and Ministerial consent’— omit . 9 Omission of ss 98 and 99 Sections 98 and 99— omit. 2014 Act No. 45 Page 39

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 10] 10 Omission of pt 9, div 3 (Grant of licences) Part 9, division 3— omit . 11 Amendment of s 116 (Particular dealings in Aboriginal land void) (1) Section 116(1), ‘part 10’— omit, insert — part 2A or 10 (2) Section 116(1), note— omit . 12 Replacement of pt 10 (Leasing of Aboriginal Land) Part 10— omit, insert — Part 10 Leasing of Aboriginal land Division 1 Definitions 119 Definitions for pt 10 In this part— home ownership lease see sections 120(2) and 121(2). lessee means— (a) for a part 10 lease granted under a townsite lease—the sublessee under the townsite lease; or Page 40 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] (b) for another part 10 lease—the lessee under the lease. lessor means— (a) for a part 10 lease granted under a townsite lease—the lessee of the townsite lease; or (b) for another part 10 lease—the trustee of the lease land. part 10 lease means a lease granted under this part. townsite lease see section 120(3). Division 2 Grant of leases for Aboriginal land 120 Grant of lease by trustee of Aboriginal land (1) The trustee of Aboriginal land may grant a lease over all or a part of the land for not more than 99 years. (2) Without limiting subsection (1), the trustee of Aboriginal land may grant a lease (a home ownership lease ) over all or a part of the land for 99 years to any of the following for residential use— (a) an Aboriginal person; (b) a person who is not an Aboriginal person if— (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a); or 2014 Act No. 45 Page 41

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] (B) a person mentioned in paragraph (a) who is deceased; or (ii) the lease supports another part 10 lease granted to the person. (3) The trustee of Aboriginal land may grant a perpetual lease (a townsite lease ) over all or a part of the land if— (a) the land or part is township land; and (b) the lease is granted to a local government. 121 Grant of lease by lessee of townsite lease (1) The lessee of a townsite lease may grant a lease for not more than 99 years over all or a part of the lease land. (2) Without limiting subsection (1), the lessee of a townsite lease may grant a lease (also a home ownership lease ) over all or a part of the lease land for 99 years to any of the following for residential use— (a) an Aboriginal person; (b) a person who is not an Aboriginal person if— (i) the person is the spouse or former spouse of— (A) a person mentioned in paragraph (a); or (B) a person mentioned in paragraph (a) who is deceased; or (ii) the lease supports another part 10 lease granted to the person. Page 42 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] Division 3 Common provisions for part 10 leases 122 General conditions of particular leases (1) A part 10 lease, other than a townsite lease, may include any of the following conditions— (a) a stated standard terms document under the Land Title Act forms part of the lease; (b) the lease must not be transferred without the lessor’s prior written consent; (c) an interest under the lease, other than a mortgage of the lease, must not be created without the lessor’s prior written consent. (2) If a part 10 lease includes a condition mentioned in subsection (1)(b) or (c), the lessor must not unreasonably withhold consent to the transfer or the creation of an interest under the lease. (3) A part 10 lease may be mortgaged without the consent of the lessor. (4) Subject to subsection (3), this section does not limit the conditions that may be imposed on a part 10 lease. 123 Option to renew particular lease (1) A part 10 lease granted under section 120(1) or 121(1) may include an option to renew the lease. (2) The term of the renewed lease must not be more than the initial term of the lease. 2014 Act No. 45 Page 43

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] 124 Transfer of lease A part 10 lease must not be transferred to a person who, under this Act, would not be entitled to a grant of the lease. 125 Lease etc. to be registered (1) The lessee of a part 10 lease must register the lease and an amendment, surrender or transfer of the lease. (2) Despite the LandTitleAct, section 65(2), an instrument of lease for Aboriginal land must include a plan of survey identifying the lease land. (3) Subsection (2) does not apply to a lease entered into only in relation to an area completely within a building. Division 4 Home ownership leases Subdivision 1 Conditions and requirements 126 General conditions and requirements (1) A home ownership lease is subject to all of the following conditions— (a) the annual rental under the lease is the amount, of not more than $1, decided by the lessor; (b) the consideration payable for the lease must include, as a lump sum payment, an amount equal to the value of the lease land as Page 44 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] 2014 Act No. 45 decided by the lessor using at least 1 of the following— (i) a valuation methodology decided by the chief executive; (ii) the benchmark purchase price, as prescribed by regulation, for land in the part of the State in which the lease land is situated; (c) the lease land must be used primarily for residential use; (d) if a dwelling for residential use is not situated on the lease land when the lease is granted—the lessee must ensure a dwelling for residential use is built on the land within 8 years after the lease is granted. (2) A lessor may grant a home ownership lease only if the amount equal to the value of the lease land decided under subsection (1)(b) has been paid to the lessor. (3) The chief executive— (a) must, if asked, give a person a copy of the valuation methodology mentioned in subsection (1)(b)(i); and (b) may make the valuation methodology available for inspection on the department’s website. (4) However, the value of the lease land under subsection (1)(b) must be taken to be nil if— (a) the lessee is the recipient of a hardship certificate under the new Land Holding Act; and (b) the certificate has not previously been used under this section, whether or not the land Page 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] identified in the certificate is the same as the lease land. 127 Additional requirement if dwelling situated on land (1) This section applies if— (a) a lessor proposes to grant a home ownership lease; and (b) a dwelling is situated on the lease land. (2) The lessor must give the housing chief executive notice of the lessor’s intention to grant the lease. (3) Within 28 days after receiving the notice, the housing chief executive must give the lessor a notice stating whether or not the dwelling is a social housing dwelling. (4) The lessor must not grant the lease before receiving the notice under subsection (3). (5) This section and section 128 do not limit section 126. Page 46 128 Additional conditions and requirements for social housing dwelling (1) This section applies if the notice under section 127(3) states the dwelling is a social housing dwelling. (2) Before the lease is granted, the lessor must decide the value of the dwelling by using a valuation methodology agreed between the lessor and the housing chief executive. (3) 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 (2). 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] (4) The lessor may grant the lease only if— (a) the housing chief executive has given written approval that the grant may include the sale of the dwelling; and (b) the amount equal to the value of the dwelling decided under subsection (2) has been paid to the lessor. (5) In considering whether to give the approval mentioned in subsection (4)(a), the housing chief executive must have regard to whether it would be more appropriate in the circumstances for the dwelling to continue to be social housing. (6) If the lessor grants the lease, and within 28 days after the lease is registered, the lessor must give the housing chief executive— (a) a notice stating— (i) the day the lease was registered; and (ii) the names of the parties to the lease; and (b) evidence showing the consideration for the lease under subsection (3) and section 126(1)(b) has been paid to the lessor. Note — An amount paid under subsection (3) for the value of a dwelling must be used by the lessor as required under section 288. Subdivision 2 Forfeiture 129 Grounds for forfeiture A home ownership lease may be forfeited only if— 2014 Act No. 45 Page 47

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] (a) the lessee breaches either of the following conditions and fails to remedy the breach within 6 months after receiving notice of the breach from the lessor— (i) a condition of the lease mentioned in section 126(1)(d); (ii) another condition if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease; or (b) the lessee acquired the lease by fraud. Page 48 130 Referral to Land Court for forfeiture (1) Before a home ownership lease is forfeited, the lessor must refer the proposed forfeiture to the Land Court to decide whether the lease may be forfeited. (2) At least 28 days before the lessor refers the proposed forfeiture to the Land Court, the lessor must give notice of the proposed referral to the lessee and any mortgagee of the lease. (3) The notice must state the grounds on which the lessor reasonably considers the lease may be forfeited. (4) If the lessor refers the proposed forfeiture to the Land Court, the lessor must file a copy of the notice in the court. (5) In deciding whether the lease may be forfeited, the Land Court must have regard to— (a) the grounds stated in the notice under subsection (3); and (b) if the proposed forfeiture is because of a breach of a condition of the lease—whether 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] the court considers the breach is of a serious nature and warrants forfeiture of the lease. (6) A decision by the Land Court that the lease may be forfeited may be subject to conditions. 131 Lessor’s options if Land Court decides lease may be forfeited (1) If the Land Court decides a home ownership lease may be forfeited, the lessor may— (a) if the proposed forfeiture is subject to conditions decided by the court—forfeit the lease under this subdivision if the conditions of forfeiture are satisfied; or (b) otherwise—forfeit the lease under this subdivision. (2) If the proposed forfeiture is because of a breach of a lease condition, the lessor may decide not to forfeit the lease and instead allow the lease to continue subject to the lease being amended to include conditions agreed between the lessor and the lessee. 132 Notice and effect of forfeiture (1) If the lessor forfeits a home ownership lease, the lessor must, within 60 days after the Land Court makes its decision about forfeiture of the lease, give notice that the lease is forfeited to— (a) the lessee and any mortgagee of the lease; and (b) the registrar of titles. (2) On receiving the notice, the registrar must record the forfeiture of the lease in the appropriate register. 2014 Act No. 45 Page 49

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] (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. 133 Extension of term of lease if proposed forfeiture (1) This section applies to a home ownership lease if— (a) a proposed forfeiture of the lease has been referred to the Land Court; and (b) after the referral but before the Land Court decides on the matter, the term of the lease would, but for subsection (2), end. (2) The term of the lease is taken to continue until— (a) if the lease is forfeited—the forfeiture of the lease takes effect as mentioned in section 132(3); or (b) otherwise—the end of 60 days after the Land Court makes its decision. (3) Subsection (2) applies to the lease despite the provisions of the lease and any other provision of this Act. Page 50 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] Subdivision 3 Renewal 134 Application to renew lease (1) The lessee under a home ownership lease may apply in writing to the lessor to renew the lease. (2) The application must— (a) state the name of the lessee; and (b) include information to identify the lease. 135 Notice of expiry of lease (1) This section applies if the lessee under a home ownership lease has not, under section 134, applied for renewal of the lease at least 2 years before the term of the lease ends. (2) At least 1 year before the term of the lease ends, the lessor must give the lessee notice stating— (a) the day the term of the lease ends; and (b) that the lessee may apply under this subdivision for renewal of the lease; and (c) how the lessee may apply. 136 Lessor to consider and decide application Within 6 months after an application is made under section 134, the lessor must consider the application and decide to renew or not to renew the home ownership lease. 137 Decision to renew lease (1) If the lessor decides to renew the home ownership lease, the lessor must give the lessee— 2014 Act No. 45 Page 51

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] (a) notice of the decision; and (b) a copy of the renewed lease. (2) The renewed lease— (a) has effect immediately after the lease it replaces (the replaced lease ) ends; and (b) is subject to all the conditions to which the replaced lease was subject immediately before it ended. (3) No amount is payable under section 126(1)(b) for the renewed lease. 138 Lessor may decide not to renew lease The lessor may decide not to renew the home ownership lease only if the lessor is reasonably satisfied— (a) the lease land is not being used primarily for residential use; or (b) the lessee acquired the lease by fraud. 139 Notice about decision not to renew lease If the lessor decides not to renew the home ownership lease, the lessor must give the lessee an information notice for the decision. 140 Extension of term of lease if application for renewal (1) This section applies to a home ownership lease if— (a) the lessee has applied to renew the lease under section 134; and Page 52 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] (b) before the lessor decides the application, the term of the lease would, but for subsection (2), end. (2) The term of the lease is taken to continue until notice of the lessor’s decision is given to the lessee under this subdivision. (3) Subsection (2) applies to the lease despite the provisions of the lease and any other provision of this Act. Subdivision 4 General matters about forfeiture or non-renewal of home ownership leases 141 Right to remove improvements if lease forfeited or not renewed (1) If the lessor forfeits or decides not to renew a home ownership lease, the lessor must allow the lessee to remove the lessee’s improvements on the lease land within a reasonable period of at least 28 days decided by the lessor. (2) If the improvements are not removed within the period, they become the property of the lessor. 142 Payment by lessor if lease forfeited or not renewed (1) If the lessor forfeits or decides not to renew a home ownership lease, the lessor must pay to the person who was the lessee the amount decided by the lessor under subsection (2) (the required amount ). (2) The required amount is the amount equal to the combined value of the following (the maximum 2014 Act No. 45 Page 53

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] amount ) less any amounts deducted from the maximum amount under section 144— (a) the value of the lease land on the day the lease is forfeited or ends; (b) the value of the lessee’s improvements on the land that become the property of the lessor. (3) The value of the lease land must be the amount decided by the lessor using the valuation methodology mentioned in section 126(1)(b)(i). (4) The value of any improvements on the lease land must be decided by the lessor based on the market value of the improvements in a sale of a lease of the same term and tenure as the forfeited or non-renewed lease. (5) The lessor must decide the required amount as soon as practicable after giving the person notice that the lease is forfeited or not renewed. (6) On deciding the required amount, the lessor must give the person an information notice for the decision. (7) This section is subject to section 143. 143 Unclaimed amount If the lessor can not find the person entitled to receive the required amount, or the person does not collect the amount from the lessor within 9 years after the day the lease is forfeited or not renewed, the required amount is forfeited to the lessor. Page 54 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 2 Aboriginal and Torres Strait Islander Land amendments Part 1 Amendment of Aboriginal Land Act 1991 [s 12] 144 Amount owing to lessor or mortgagee If the lessor forfeits or decides not to renew a home ownership lease, the lessor may deduct the following amounts from the maximum amount— (a) an amount in payment of all costs properly incurred by the lessor in forfeiting or not renewing the lease; (b) an amount in payment of expenses incurred by the lessor to rectify damage caused to the lease land by the person who was the lessee; (c) any amount owing to the lessor 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. 145 Payment of amount to mortgagee in discharge of mortgage (1) This section applies if— (a) the lessor forfeits or decides not to renew a home ownership lease; and (b) 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 lessor must pay to the mortgagee— (a) if the amount that may be deducted from the maximum amount under section 144(d) is less than the difference between the maximum amount and the amounts deducted under section 144(a), (b) and (c)—the amount that may be deducted from the maximum amount under section 144(d); or 2014 Act No. 45 Page 55

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 3 Amendment of Land Act 1994 [s 61] Page 136 (b) some or all declared beach areas generally. (4) Use conditions may apply to a declared beach area whether or not the State is the manager of the area. (5) A regulation may include a penalty for contravention of a use condition stated in the regulation. Note — Under section 448, a regulation may prescribe a penalty of not more than 100 penalty units for an offence created under the regulation. (6) A local government may make a local law that states conditions of use (also use conditions ) to apply to— (a) a particular declared beach area for which it is the manager; or (b) some or all declared beach areas generally for which it is the manager. (7) A local law mentioned in subsection (6) may include a penalty for contravention of a use condition stated in the local law, but the penalty must not be more than 100 penalty units. (8) Use conditions for a declared beach area as stated in a local law apply subject to use conditions applying to the declared beach area as stated in a regulation. (9) Without limiting subsection (3) or (6), use conditions may include conditions about any of the following— (a) limiting access to the declared beach area to particular times, including, for example, by limiting access to daylight hours or to particular hours according to the season; (b) whether vehicles are permitted on the declared beach area; 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 3 Amendment of Land Act 1994 [s 61] (c) whether any activities are prohibited on the declared beach area, including, for example, whether camping is prohibited; (d) whether dogs or other animals are permitted on the declared beach area; (e) whether fires may be lit on the declared beach area; (f) the nature and legal effect of signs erected on the declared beach area by the manager of the area. (10) Without limiting the issues that may be considered, the Minister or a local government may, in devising use conditions, consider the following issues— (a) safety of the public; (b) the particular circumstances of the owner of the lot of which the declared beach area forms a part; (c) particular issues raised by members of the public, including, for example, whether the use of a vehicle on the declared beach area may be necessary for accessing another area; (d) environmental issues, including, for example, turtle-breeding habitat requirements; (e) the location of relevant existing infrastructure. 431U Notice to owner before making of regulation (1) The Minister may recommend to the Governor in Council the making of a regulation declaring a part of a lot to be a declared beach area only if the 2014 Act No. 45 Page 137

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 3 Amendment of Land Act 1994 [s 61] Minister is reasonably satisfied notice has been given as required under this section. (2) The Minister must give the owner of the lot a written notice stating the intention to declare a part of the lot a declared beach area. (3) The notice must include a reasonably approximate indication of the boundaries of the proposed declared beach area. 431V Consultation before registration of declaration and plan of survey (1) The Minister may proceed to the registration under this part of a declaration or plan of survey only if the Minister is reasonably satisfied consultation has been undertaken as required under this section. (2) The Minister must consult with the local government in whose local government area the declared beach area is located about whether it wishes to be the manager of the declared beach area. (3) If the local government wishes to be the manager, it must take reasonable steps to consult with the owner of the lot and the public generally about the use conditions that are to apply to the declared beach area under a local law. (4) If the local government does not wish to be the manager, the Minister must take reasonable steps to consult with the owner of the lot and the public generally about the use conditions that are to apply to the declared beach area under a regulation. Page 138 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 3 Amendment of Land Act 1994 [s 61] 431W Status of declared beach area (1) Subject to this part and to use conditions for a declared beach area, the area is open to public use. (2) The manager of a declared beach area— (a) has control of the area subject to this part and any regulation under this Act relating to the area; and (b) is responsible for taking reasonable and practical measures to maintain the area in a safe condition. Example of a reasonable and practical measure for paragraph (b) — It may be a reasonable and practical measure to restrict public access to a part of a declared beach area that has significantly eroded rather than carry out extensive restoration work for the part. Note — See the CivilLiabilityAct2003 , chapter 2, part 3, division 1, for civil liability principles that apply to public and other authorities, including local governments. (3) Control under subsection (2)(a) includes the right to take necessary steps for maintaining the declared beach area as mentioned in subsection (2)(b). (4) The owner of a lot of which a declared beach area forms a part, and any other person having an interest in the lot— (a) is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the declared beach area; and (b) is not, and can not be made, civilly liable for an act or omission of the person in relation to the declared beach area unless— 2014 Act No. 45 Page 139

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 3 Amendment of Land Act 1994 [s 61] (i) the act or omission creates a risk in relation to which the person would, other than for this section, be civilly liable; and (ii) the person intends to create the risk or is reckless as to whether the risk is created. (5) If subsection (4)(b) prevents civil liability attaching to a person, the liability attaches instead to the State. (6) Despite this Act or the LocalGovernmentAct2009 , an officer or employee of the manager of a declared beach area may enter the area at any time without notice to any other person if the entry— (a) is authorised by the manager, whether generally or otherwise; and (b) the entry relates to the enforcement of the use conditions for the area or to fulfilling the manager’s responsibilities as the entity in control of the area. Page 140 431X Exemption from contravention of use condition (1) A person is taken not to contravene a use condition for a declared beach area if the person is— (a) a police officer acting in the performance of the police officer’s functions or powers; or (b) a person acting in the performance of functions or powers— (i) under an Act; or (ii) as authorised or directed by the manager of the declared beach area. 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 3 Amendment of Land Act 1994 [s 61A] (2) Subsection (1) does not limit the extent to which a use condition may provide for circumstances under which a person may be taken not to contravene the condition. 431Y Obstruction of use or enjoyment A person must not obstruct another person— (a) in the other person’s exercise of the right of public use of a declared beach area; or (b) in the other person’s performance of functions or powers in a declared beach area. Maximum penalty—50 penalty units. 431Z Other Acts not affected (1) This part does not affect the operation of any other provision of this Act, or any provision of another Act, in relation to a declared beach area. (2) Without limiting subsection (1), a person’s exercise of a right of public use of a declared beach area under this part, including under use conditions applying to the declared beach area, is subject to the operation any other provision of this Act, or any provision of another Act, applying to the area. 61A Omission of s 469 Section 469— omit . 61B Amendment of s 471 (Right to a post-Wolfe freeholding lease) Section 471(1), after ‘non-competitive lease’— 2014 Act No. 45 Page 141

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 3 Amendment of Land Act 1994 [s 61C] insert — , other than a lease for grazing or agricultural purposes, 61C Amendment of s 478 (Right to a post-Wolfe freeholding lease) Section 478(1), after ‘special lease’— insert — , other than a lease for grazing or agricultural purposes, 61D Amendment of sch 2 (Original decisions) Schedule 2, entry for section 170(2)— omit. 62 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions owner and right line boundary — omit . (2) Schedule 6— insert — ambulatory boundary principles see the S urvey and Mapping Infrastructure Act 2003 , part 7. declared beach area , for chapter 7, part 3B, see section 431O. foreshore , for chapter 7, part 3B, see section 431O. Land Title Act compensation provisions means the Land Title Act 1994 , sections 188 and 188A. low-water mark means the ordinary low-water mark at spring tides. Page 142 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 4 Amendment of Land Valuation Act 2010 [s 63] manager , for chapter 7, part 3B, see section 431O. owner — (a) for chapter 6, part 4, division 8C, see section 373R; or (b) for chapter 7, part 3B, see section 431O. Property Law Act relief provisions means the Property Law Act 1974 , part 11. public use , for chapter 7, part 3B, see section 431O. registrar , for chapter 7, part 3B, see section 431O. right line boundary see section 8. seashore , for chapter 7, part 3B, see section 431O. use conditions , for chapter 7, part 3B, see section 431T. (3) Schedule 6, definition lot , after ‘subdivision’— insert — and for chapter 7, part 3B, see section 431O Chapter 4 Amendment of Land Valuation Act 2010 63 Act amended This chapter amends the Land Valuation Act 2010 . 2014 Act No. 45 Page 143

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Chapter 4 Amendment of Land Valuation Act 2010 [s 64] 64 Insertion of new s 262 Chapter 9, part 6— insert — 262 Limited application of Act to particular land (1) This Act does not apply to an indigenous local government area until 30 June 2016. (2) Despite subsection (1), on or before 30 June 2016, the valuer-general may do all things necessary or convenient to be done for the purposes of— (a) applying this Act to an indigenous local government area on and after 30 June 2016; and (b) complying with a requirement of the Act that takes effect on and after 30 June 2016. (3) In this section— indigenous local government area means land in the area of an indigenous local government under the Local Government Act 2009 . 65 Amendment of schedule (Dictionary) Schedule, definition local government area — omit, insert — local government area , for a provision about land, means the local government area in which the land is located. Page 144 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Schedule 1 Schedule 1 Minor and consequential amendments section 58 Part 1 Amendments commencing on 1 January 2015 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 1 Section 27, definition tenant , paragraph (b), ‘private residential purposes’— omit, insert — residential use 2 Section 28(7)(b)(i), ‘private residential purposes’— omit, insert — residential use Aboriginal and Torres Strait Islander Land Holding Act 2013 1 Section 26(2), note, ‘section 142(4) and TSILA, section 107(4)’— omit, insert — section 126(4) and TSILA, section 91(4) 2014 Act No. 45 Page 145

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Schedule 1 2 Section 62(3)(a), ‘section 143(6) or TSILA, section 108(6)’— omit, insert — section 128(2) or TSILA, section 93(2) 3 Section 69(2)— omit, insert — (2) Before the term of the lease has expired, the holder of the lease may apply to the following person to be granted a lease under ALA over the lease land for the 1985 Act granted lease or new Act granted lease— (a) if subsection (1)(a) or (b) applies—the trustee of the trust area; (b) if subsection (1)(c) applies—the lessee of the townsite lease. 4 Section 69(3) and (6), ‘or townsite sublease’— omit . 5 Section 69(5)— omit, insert — (5) Before the term of the lease has expired, the holder of the lease may apply to the following person to be granted a lease under TSILA over the lease land for the 1985 Act granted lease or new Act granted lease— (a) if subsection (4)(a) or (b) applies—the trustee of the trust area; (b) if subsection (4)(c) applies—the lessee of the townsite lease. Page 146 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Schedule 1 6 Section 72— omit . 7 Section 73, heading, from ‘div 6’ omit, insert — div 4 (Home ownership leases) 8 Section 73(1)— omit, insert — (1) ALA, part 10, division 4, subdivisions 2 and 4 apply to a lease to which this division applies as if the lease were a home ownership lease under ALA. 9 Section 73(2), ‘residential purposes’— omit, insert — residential use 10 Section 73(3), ‘section 149’— omit, insert — section 129 11 Section 73(4), ‘sections 150(2) and 152(1)(a)’— omit, insert — sections 130(2) and 132(1)(a) 12 Section 73(5) and (6), ‘division 6’— omit, insert — division 4 2014 Act No. 45 Page 147

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Schedule 1 13 Section 73(7), ‘section 162(3)’— omit, insert — section 142(3) 14 Section 74(2)(a) and (b)— omit, insert — (a) if the lease is granted for residential use—a home ownership lease under ALA; or (b) otherwise—a lease granted under ALA, section 120(1) or 121(1). 15 Section 79— omit . 16 Section 80, heading, from ‘div 6’— omit, insert — div 4 (Home ownership leases) 17 Section 80(1)— omit, insert — (1) TSILA, part 8, division 4, subdivisions 2 and 4 apply to a lease to which this division applies as if the lease were a home ownership lease under TSILA. 18 Section 80(2), ‘residential purposes’— omit, insert — residential use 19 Section 80(3), ‘section 114’— omit, insert — Page 148 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Schedule 1 section 94 20 Section 80(4), ‘sections 115(2) and 117(1)(a)’— omit, insert — sections 95(2) and 97(1)(a) 21 Section 80(5) and (6), ‘division 6’— omit, insert — division 4 22 Section 80(7), ‘section 127(3)’— omit, insert — section 107(3) 23 Section 81(2)(a) and (b)— omit, insert — (a) if the lease is granted for residential use—a home ownership lease under TSILA; or (b) otherwise—a lease granted under TSILA, section 85(1) or 86(1). Aboriginal Land Act 1991 1 Section 184, definition trustee — omit . 2014 Act No. 45 Page 149

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Schedule 1 Building Boost Grant Act 2011 1 Section 9(1)(g)(i), ‘section 119(1)(a)’— omit, insert — section 120(1) or (2) 2 Section 9(1)(g)(ii), ‘section 84(1)(a)’— omit, insert — section 85(1) or (2) Cape York Peninsula Heritage Act 2007 1 Schedule, definition Aboriginal land , ‘section 10’— omit, insert — section 8 2 Schedule, definition Aurukun Shire lease land , ‘section 15’— omit, insert — section 13 3 Schedule, definition DOGIT land , ‘section 13’— omit, insert — section 11 Page 150 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014 Schedule 1 Duties Act 2001 1 Section 131(b)— omit, insert — (b) the issue of a lease prepared for the AboriginalLandAct1991 , section 287 or the TorresStraitIslanderLandAct1991 , section 191; 2 Section 131(d), ‘section 84’— omit, insert — section 199 3 Section 131(d), ‘section 81’— omit, insert — section 148 Land Act 1994 1 Section 57(11), note, from ‘part 5F’— omit, insert — part 15 and the Torres Strait Islander Land Act 1991 , part 11. 2014 Act No. 45 Page 151

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Schedule 1 Land Court Act 2000 1 Section 17(1)(a), ‘each land tribunal’— omit, insert— the land tribunal 2 Sections 17(1)(b), (2) and (3), 59(1) and 60(1), ‘a land tribunal’— omit, insert— the land tribunal 3 Sections 59, heading and 60, heading, ‘a land tribunal’— omit, insert— land tribunal 4 Section 60(4), definition presiding member , from ‘of a land tribunal’— omit, insert — of the land tribunal, see the Aboriginal Land Act 1991 , schedule 1. 5 Schedule 2, definition land tribunal , ‘or the T orres Strait Islander Land Act 1991 ’— omit . Page 152 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Schedule 1 Nature Conservation Act 1992 1 Schedule, definition Torres Strait Islander land , ‘section 9’— omit, insert — section 7 Nature Conservation (Protected Areas Management) Regulation 2006 1 Schedule 9, definitions Aboriginal people particularly concerned with land and Torres Strait Islanders particularly concerned with land , ‘section 4’— omit, insert — section 3 Nature Conservation (Wildlife Management) Regulation 2006 1 Schedule 5, definitions Aboriginal people particularly concerned with the land and Torres Strait Islanders particularly concerned with land , ‘section 4’— omit, insert — section 3 2014 Act No. 45 Page 153

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Schedule 1 Public Service Act 2008 1 Schedule 1, entry for Land Tribunal under Torres StraitIslander Land Act 1991 — omit. Sustainable Planning Regulation 2009 1 Schedule 26, definition residential lease — omit , insert — residential lease means— (a) a lease granted under the AboriginalLandAct1991 to an Aboriginal person for residential use; or (b) a lease granted under the TorresStraitIslanderLandAct1991 to a Torres Strait Islander for residential use. 2 Schedule 26, definition social housing lease , paragraph (a)— omit, insert — (a) a lease granted to the State under the AboriginalLandAct1991 or the TorresStraitIslanderLandAct1991 for the purpose of providing subsidised housing for residential use; or Page 154 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Schedule 1 Torres Strait Islander Land Act 1991 1 Section 140, definition trustee — omit . Part 2 Amendments commencing by proclamation Aboriginal Land Act 1991 1 Section 10(1)(c) and (d)— omit . 2 Sections 13 and 14— omit . 3 Section 15, definition relevant land , paragraphs (c) and (d)— omit . 4 Section 32ZI(1)(a)(iv)— omit . 5 Section 32ZI(1)(a)(v)— renumber as section 32ZI(1)(a)(iv). 2014 Act No. 45 Page 155

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Schedule 1 6 Section 40(2)(c) and (d)— omit . 7 Section 40(9)— omit . 8 Section 45(2)(d)— omit . 9 Section 45(3), ‘, section 46’— omit . 10 Section 45(7), definitions Aurukun Shire lease and Mornington Shire lease — omit . 11 Sections 46 and 48— omit . 12 Section 153(3) and (4)— omit . 13 Section 153(5)— renumber as section 153(4). 14 Schedule 1, definitions Aurukun Shire lease land and Mornington Shire lease land — omit . Page 156 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Schedule 1 Animal Care and Protection Act 2001 1 Section 41A(1)(b)(iv)— omit . Auditor-General Act 2009 1 Schedule, definition appropriate Minister , paragraph (e)— omit . 2 Schedule, definition appropriate Minister , paragraph (f), ‘for another’— omit, insert — for a 3 Schedule, definition appropriate Minister , paragraphs (f) to (i)— renumber as paragraphs (e) to (h). Cape York Peninsula Heritage Act 2007 1 Section 14(1) and 18(1)(a), ‘, Aurukun Shire lease land’— omit . 2 Section 26(2), definition relevant land , paragraph (b)— omit . 2014 Act No. 45 Page 157

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Schedule 1 3 Section 26(2), definition relevant land , paragraph (c)— renumber as paragraph (b). 4 Schedule, definition Aurukun Shire lease land — omit . 5 Schedule, definition landholder for the land , paragraph (b)— omit . 6 Schedule, definition landholder for the land , paragraph (c)— renumber as paragraph (b). Environmental Protection Act 1994 1 Section 38(2)(h)— omit . 2 Section 579(6), definition owner , paragraph (b)— omit . Fire and Rescue Service Regulation 2011 1 Section 7A(2), definition indigenous land , paragraph (c)— omit. Page 158 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Schedule 1 2 Section 7A(2), definition indigenous land , paragraphs (d) and (e)— renumber as paragraphs (c) and (d). Geothermal Energy Act 2010 1 Schedule 2, definition owner , item 1(j)— omit . Greenhouse Gas Storage Act 2009 1 Schedule 2, definition owner , item 1(j)— omit . Information Privacy Act 2009 1 Section 126(3), definition responsible Minister , paragraph (c)— omit . 2 Section 126(3), definition responsible Minister , paragraph (d), ‘to another’— omit, insert — to a 2014 Act No. 45 Page 159

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Schedule 1 3 Section 126(3), definition responsible Minister , paragraphs (d) to (h)— renumber as paragraphs (c) to (g). Mineral Resources Act 1989 1 Schedule 2, definition owner , paragraph (a)(iv)— omit . 2 Schedule 2, definition reserve , paragraph (b)— omit . 3 Schedule 2, definition reserve , paragraph (c)— renumber as paragraph (b). Petroleum Act 1923 1 Section 2, definition owner , item 1(j)— omit . Petroleum and Gas (Production and Safety) Act 2004 1 Schedule 2, definition owner , item 1(j)— omit . Page 160 2014 Act No. 45

Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other LegislationAmendment Act 2014 Schedule 1 Survey and Mapping Infrastructure Act 2003 1 Section 62, definition indigenous land , paragraph (b)— omit, insert — (b) land that is the subject of a deed of grant in trust under the LandAct1994 , granted for the benefit of Aboriginal or Torres Strait Islander inhabitants or for Aboriginal or Torres Strait Islander purposes; or Vegetation Management Act 1999 1 Schedule, definition indigenous land , paragraph (a)— omit . 2 Schedule, definition indigenous land , paragraphs (b) to (d)— renumber as paragraphs (a) to (c). © State of Queensland 2014 Authorised by the Parliamentary Counsel 2014 Act No. 45 Page 161