This Act repealed the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 (Qld) on 20 February 2014. The 1985 legislation provided for the grant of leases in perpetuity and other title in land to members of Aboriginal and Torres Strait Islander communities. The Queensland Minister for Natural Resources and Mines, Andrew Cripps, recognised the inadequacies of the 1985 legislation in clarifying residential and infrastructure boundaries, which hindered the delivery of social housing, the transfer of land and homeownership in indigenous communities. Of the 625 lease applications under the 1985 legislation, the Queensland government granted 238 leases.
The main objects of the Act are to provide a framework for identifying and satisfying entitlements to grants of leases that are outstanding under the 1985 Land Holding Act, including by dealing with practical obstacles to satisfying the entitlements; and to resolve boundary problems affecting particular 1985 Act granted leases. Further, to the extent practicable, to apply the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 to both 1985 Act granted leases and new Act granted leases.
The 2013 legislation has amended provisions in the following Queensland Acts and Regulations:
Aboriginal Land Act 1991
Environmental Protection Act 1994
Land Court Act 2000
Mineral Resources Act 1989
Survey and Mapping Infrastructure Act 2003
Sustainable Planning Act 2009
Sustainable Planning Regulation 2009
Torres Strait Islander Land Act 1991
Wild Rivers Act 2005
Wild Rivers Regulation 2007
Vegetation Management Act 1999
For further information, see the Explanatory Note.
Relevant provisions
s 5 Approach adopted in applying ALA or TSILA
(1) This Act provides for the continuation of 1985 Act granted leases and the granting of new Act granted leases, and for the conditions applying to the leases, in a way that—
(a) takes account of rights and obligations under the 1985 Land Holding Act; and
(b) to the extent practicable, adopts the regime governing land and tenure management under ALA and TSILA.
(2) This Act also provides for the return to each trust area of land divested from the area under the 1985 Land Holding Act to ensure that land leased under the 1985 Land Holding Act or this Act can be—
(a) effectively administered as part of the trust area; and
(b) otherwise dealt with substantially under ALA or TSILA as may be applicable.
(3) In providing for the continuation of 1985 Act granted leases and the granting of new Act granted leases, this Act provides for the application of ALA or TSILA to the leases to the extent practicable.
s 29 What are practical obstacles
(1) Without limiting what practical obstacles to satisfying a lease entitlement may be identified under this Act, the following could be expected to be identified as obstacles—
(a) that the location of the area of the lease entitlement land can not be clearly identified;
(b) that the ownership of improvements on the lease entitlement land needs to be resolved;
(c) that competing interests in the lease entitlement land need to be dealt with.
(2) However, the identification, or the need to obtain the agreement, of an interested person in the estate of a deceased holder of a lease entitlement is not a practical obstacle under this Act.
s 50 New Act granted leases
(1) The lessor of a new Act granted lease is—
(a) the trustee of the trust area; or
(b) if the lease land is also the subject of a townsite lease under ALA or TSILA—the lessee under the townsite lease.
(2) A new Act granted lease is subject to—
(a) conditions recorded on the instrument of lease on the granting of the lease; and
(b) the conditions provided for under part 8; and
(c) the provisions of ALA or TSILA as provided for under part 9.
s 58 Recording of boundary relocation
(1) The Minister must ensure that a plan of survey, capable of registration in a register kept under the Land Act or Land Title Act, is prepared and registered for the relocation of the boundaries of the lease as provided for in the order of the Land Court on an application under section 53 or 55.
(2) The chief executive, or, as appropriate, the registrar, must make any necessary change in the appropriate register to record—
(a) the relocation of the boundaries of the lease; and
(b) the amendment of any other interest as provided for in the order of the Land Court under section 54 or 56.
(3) On the registration of the plan of survey—
(a) the lessee's interest in any land that is not included within the relocated boundaries ceases; and
(b) the lease land for the 1985 Act granted lease is the land within the relocated boundaries.
s 59 Ownership of improvements continues
(1) This section applies to a structural improvement that is located on land that—
(a) on the commencement of the section, is lease land for a 1985 Act granted lease; or
(b) immediately before the commencement of the section, was the subject of an approval, under the 1985 Land Holding Act, capable of forming the basis of a lease entitlement.
(2) The ownership of the improvement is not affected by the repeal of the 1985 Land Holding Act or the commencement of this Act.