Queensland Consolidated Acts

LAND ACT 1994 - SECT 123A

123A Deeds of grant of unallocated State land under indigenous land use agreements

(1) This section applies if the Minister is satisfied—

(a) the State is a party to an indigenous land use agreement; and

(b) the indigenous land use agreement provides for the grant of unallocated State land to a person as trustee of a trust, the beneficiaries of which are identified or identifiable Aboriginal or Torres Strait Islander people; and

(c) a native title party to the indigenous land use agreement—

(i) holds or claims to hold native title rights and interests in relation to the land; or

(ii) would have held native title rights and interests in relation to the land but for any prior extinguishment of those native title rights and interests.

(2) A deed of grant of the land may be granted to the person without competition.

(3) The purchase price for the land is—

(a) if consideration is provided for under the indigenous land use agreement—that consideration; or

(b) otherwise—the consideration decided by the Minister in the way prescribed by regulation.

(4) An expression defined in the Native Title Act 1993 (Cwlth) , other than
"indigenous land use agreement" , and used in subsection (5) has the same meaning in subsection (5) as it has in that Act.

(5) In this section—

"native title party" , in relation to an indigenous land use agreement, means a party to the indigenous land use agreement that is—

(a) a registered native title body corporate; or

(b) a registered native title claimant; or

(c) a person who claims to hold native title in relation to land or waters in the area of the indigenous land use agreement.