ABORIGINAL LAND AND TORRES STRAIT ISLANDER LAND AND OTHER LEGISLATION AMENDMENT ACT 2011 NO. 26

Queensland Numbered Acts

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ABORIGINAL LAND AND TORRES STRAIT ISLANDER LAND AND OTHER LEGISLATION AMENDMENT ACT 2011 NO. 26


TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984
   3.      Act amended
   4.      Amendment of s 4 (Definitions)
           5. Replacement of s 8A (Definition for div 1)
   6.      Amendment of s 9 (Jurisdiction and powers of police)
   7.      Amendment of s 10 (Entry upon community governmentor IRC areas etc.)
   8.      Amendment of s 11 (Application to community government or IRC areas of laws relating to public places)
   9.      Amendment of s 12 (Community police officers)
   10.     Amendment of s 13 (Discharge of community police officers' functions etc.)
   11.     Amendment of s 14 (Other functions of community police officers)
           Part 3--Amendment of Aboriginal Land Act 1991
   12.     Act amended
   13.     Amendment of s 10 (Meaning of Aboriginal land)
   14.     Amendment of s 13 (DOGIT land)
   15.     Amendment of s 14 (Aboriginal reserve land)
   16.     Amendment of s 15 (Aurukun Shire lease land)
   17.     Amendment of s 16 (Mornington Shire lease land)
   18.     Amendment of s 16B (Particular land may be declared to be not transferable land)
   19.     Amendment of s 16C (Notice of intention to make declaration)
   20.     Amendment of s 16D (Minister to consider representations and give notice of decision)
   21.     Omission of ss 16E and 16F
           22. Amendment of s 16I (Requirements about plans of subdivision for declarations under s 16B)
           23. Amendment of s 17 (Meaning of claimable and granted land)
   24.     Amendment of s 18 (Lands that are claimable lands)
   25.     Replacement of s 19 (Lands that are available State land—general)
   26.     Amendment of s 22 (Meaning of city or town land)
   27.     Replacement of s 25 (Lands that are not available State land)
   28.     Amendment of s 27 (Deeds of grant to be prepared)
   29.     Amendment of s 27A (Appointment of registered native title body corporate as grantee to hold land for native title holders)
   30.     Replacement of s 28 (Minister to appoint particular trustees)
   31.     Amendment of s 28A (Procedure for appointing grantees)
   32.     Omission of s 28B (Application of Trusts Act 1973)
   33.     Amendment of s 29 (Minister to act as soon as possible)
   34.     Omission of s 31 (Inclusion of additional areas in deed of grant)
   35.     Amendment of s 32 (Deed of grant takes effect on delivery)
   36.     Amendment of s 33 (Existing interests)
   37.     Amendment of s 34 (Interests to be endorsed on deed)
   38.     Omission of s 37 (Registrar of titles must take action etc. to resolve difficulties)
   39.     Amendment of s 38 (Land Court may resolve difficulties)
   40.     Replacement of pt 3, div 2 (Dealing with transferred land)
   41.     Amendment of s 46 (Grounds on which claim may be made)
   42.     Amendment of s 47 (How claim is to be made)
   43.     Amendment of s 49 (Registrar to determine whether claim duly made)
   44.     Amendment of s 52 (Repeat claims)
   45.     Omission of s 55 (Establishment of claim on ground of economic or cultural viability)
   46.     Amendment of s 58 (Time at which it is to be determined whether land is claimable land)
   47.     Amendment of s 60 (Recommendation to Minister)
   48.     Amendment of s 61 (Resolution of conflicting claims)
   49.     Omission of s 64 (Leases to be prepared)
   50.     Replacement of s 65 (Minister to appoint trustees)
   51.     Amendment of s 66 (Authority to grant fee simple in, or lease of, claimable land)
   52.     Omission of ss 67 and 68
           53. Amendment of s 69 (Deed of grant takes effect on delivery)
   54.     Omission of s 70 (Lease commences on delivery)
   55.     Amendment of s 73 (Cancellation of existing deed of grant)
   56.     Omission of s 74 (Registrar of titles must take action etc. to resolve difficulties)
   57.     Amendment of s 75 (Land Court may resolve difficulties)
   58.     Omission of pt 5, div 2 (Dealing with granted land)
   59.     Amendment of s 80 (Reservations of minerals and petroleum)
   60.     Amendment of s 81 (Reservations of forest products and quarry material etc.)
   61.     Replacement of pt 5A (Provisions about particular land trusts)
   62.     Amendment of s 83F (Entering into indigenous management agreement)
   63.     Amendment of s 83G (Requirements for indigenous management agreement)
   64.     Amendment of s 83I (Recording of indigenous management agreement)
   65.     Amendment of s 83N (Decision making by trustee)
   66.     Replacement of pt 5E (Provisions about mortgages of leases over Aboriginal land)
   67.     Amendment of s 83R (Definitions for pt 5F)
   68.     Amendment of s 83T (Trustee (Aboriginal) leases)
   69.     Amendment of s 83U (Amending trustee (Aboriginal) lease)
   70.     Insertion of new pt 5G
   71.     Amendment of s 84 (Use of Aboriginal land preserved)
   72.     Amendment of s 85 (No rent payable)
   73.     Amendment of s 86 (Access to land)
   74.     Amendment of s 87 (Application of Mineral Resources Act)
   75.     Amendment of s 88 (Royalties in relation to mining on Aboriginal land)
   76.     Amendment of s 109 (Conferences)
           77. Amendment of s 116 (Reasons to be given by tribunal)
   78.     Insertion of new pts 8A–8C
   79.     Amendment of s 131 (Creation of interests in transferable and claimable land)
   80.     Amendment of s 132 (Rights of access to interests preserved)
   81.     Amendment of s 132A (National park subject to lease to State etc.)
   82.     Amendment of s 134 (Delegation by Minister)
   83.     Omission of s 135 (Delegation by land claims registrar)
   84.     Amendment of s 136 (Amendment of description of land)
   85.     Replacement of s 136A (Dealing with particular trust property)
   86.     Amendment of s 137 (Survey costs etc. to be paid by State)
   87.     Amendment of s 138 (Regulation-making power)
   88.     Insertion of new s 139B
           89. Insertion of new pt 11, div 3
   90.     Insertion of new pt 12
   91.     Amendment of schedule (Dictionary)
           Part 4--Amendment of Liquor Act 1992
   92.     Act amended
   93.     Amendment of s 4 (Definitions)
           Part 5--Amendment of Local Government (Aboriginal Lands) Act 1978
   94.     Act amended
   95.     Amendment of long title
   96.     Replacement of s 1 (Short title)
   97.     Amendment of s 2 (Definitions)
           98. Amendment of s 3 (Grant of leases to councils)
   99.     Insertion of new s 4A
           100. Omission of pts 3 and 4
   101.    Amendment of s 18A (Application of pt 5)
   102.    Amendment of s 20 (Entry upon and temporary stay in shires)
   103.    Amendment of s 21 (Local laws may regulate presence in shires)
   104.    Omission of s 22 (Councils may levy charge on residents of residential premises)
   105.    Replacement of s 23 (Power of ejectment and control)
   106.    Omission of s 24 (Reason for exclusion—right of appeal)
   107.    Amendment of s 29 (Restriction on councils' power over land)
   108.    Omission of ss 30–33
           Part 6--Amendment of Local Government Act 2009
   109.    Act amended
   110.    Amendment of s 100 (Fees on residents of indigenous local government areas)
           Part 7--Amendment of Nature Conservation Act 1992
   112.    Act amended
   113.    Amendment of s 40 (Dedication of national park as national park (Aboriginal land) or national park (Torres Strait Islander land))
   114.    Amendment of s 41 (Dedication of Aboriginal land as national park (Aboriginal land) or Torres Strait Islander land as national park (Torres Strait Islander land))
   115.    Amendment of s 42AA (Dedication of national park as national park (Cape York Peninsula Aboriginal land))
   116.    Amendment of s 42AB (Dedication of Aboriginal land as national park (Cape York Peninsula Aboriginal land))
   117.    Amendment of s 42AC (Dedication of other land as national park (Cape York Peninsula Aboriginal land))
   118.    Amendment of s 42AD (Leases etc. over national park (Cape York Peninsula Aboriginal land))
   119.    Amendment of s 42AE (Particular powers about permitted uses in national park (Cape York Peninsula Aboriginal land))
   120.    Insertion of new s 42AF
           121. Amendment of s 111 (Management plans)
   122.    Amendment of s 120 (Implementation of approved plan)
   123.    Amendment of schedule (Dictionary)
           Part 8--Amendment of Petroleum Act 1923
   124.    Act amended
   125.    Amendment of s 2 (Definitions)
           Part 9--Amendment of Petroleum and Gas (Production and Safety) Act 2004
   126.    Act amended
   127.    Amendment of sch 2 (Dictionary)
           Part 10--Amendment of Residential Tenancies and Rooming Accommodation Act 2008
   128.    Act amended
   129.    Amendment of s 422 (Application of Aboriginal tradition)
   130.    Amendment of s 423 (Application of Island custom)
           Part 11--Amendment of Right to Information Act 2009
   131.    Act amended
   132.    Amendment of s 113 (Disciplinary action)
           Part 12--Amendment of Torres Strait Islander Land Act 1991
   133.    Act amended
   134.    Amendment of s 3 (Definitions)
   135.    Omission of s 5 (Meaning of native title interests)
   136.    Replacement of s 6 (Crown bound)
   137.    Amendment of s 9 (Meaning of Torres Strait Islander land)
   138.    Amendment of s 10 (Meaning of transferable and transferred land)
   139.    Amendment of s 12 (DOGIT land)
   140.    Amendment of s 13 (Torres Strait Islander reserve land)
   141.    Amendment of s 13B (Particular land may be declared to be not transferable land)
   142.    Amendment of s 13C (Notice of intention to make declaration)
   143.    Amendment of s 13D (Minister to consider representations and give notice of decision)
   144.    Omission of ss 13E and 13F
           145. Amendment of s 13I (Requirements about plans of subdivision for declarations under s 13B)
           146. Omission of ss 14 and 15
           147. Replacement of s 16 (Lands that are available Crown land—general)
   148.    Amendment of s 19 (Meaning of city or town land)
   149.    Replacement of s 22 (Lands that are not available Crown land)
   150.    Insertion of new pt 2A
   151.    Amendment of s 25 (Deeds of grant to be prepared)
   152.    Amendment of s 25A (Appointment of registered native title body corporate as grantee to hold land for native title holders)
   153.    Replacement of s 26 (Minister to appoint particular trustees)
   154.    Omission of s 26A (Application of Trusts Act 1973)
   155.    Amendment of s 27 (Minister to act as soon as possible)
   156.    Omission of s 29 (Inclusion of additional areas in deed of grant)
   157.    Amendment of s 30 (Deed of grant takes effect on delivery)
   158.    Amendment of s 31 (Existing interests)
   159.    Amendment of s 32 (Interests to be endorsed on deed)
   160.    Amendment of s 33 (Cancellation of deed of grant in trust)
   161.    Omission of s 34 (Registrar of titles must take action etc. to resolve difficulties)
   162.    Amendment of s 35 (Land Court may resolve difficulties)
   163.    Replacement of pt 3, div 2 (Dealing with transferred land)
   164.    Amendment of s 40 (Reservations of forest products and quarry material etc.)
   165.    Replacement of pts 4 and 5
   166.    Replacement of pt 5A (Provisions about mortgages of leases over Torres Strait Islander land)
   167.    Amendment of s 80D (Definitions for pt 5B)
   168.    Amendment of s 80F (Trustee (Torres Strait Islander) leases)
   169.    Amendment of s 80G (Amending trustee (Torres Strait Islander) lease)
   170.    Amendment of s 81 (Crown's use of Islander land preserved)
   171.    Amendment of s 82 (No rent payable by Crown)
   172.    Amendment of s 83 (Access to land used by Crown)
   173.    Amendment of s 84 (Application of Mineral Resources Act)
   174.    Amendment of s 85 (Royalties in relation to mining on Torres Strait Islander land)
   175.    Replacement of pt 8 (The Land Tribunal)
   176.    Amendment of s 128 (Creation of interests in transferable and claimable land)
   177.    Amendment of s 129 (Rights of access to interests preserved)
   178.    Amendment of s 130 (Persons and bodies representing Crown)
   179.    Amendment of s 131 (Delegation by Minister)
   180.    Omission of s 132 (Delegation by land claims registrar)
   181.    Amendment of s 133 (Amendment of description of land)
   182.    Replacement of s 133A (Dealing with particular trust property)
   183.    Amendment of s 134 (Survey costs etc. to be paid by State)
   184.    Amendment of s 134A (Application of Financial Administration and Audit Act 1977)
   185.    Amendment of s 135 (Regulation-making power)
   186.    Insertion of new pt 9A
   187.    Insertion of new pt 10, div 3
   188.    Insertion of new pt 11
           Part 13--Minor and consequential amendments
   189.    Acts amended
           SCHEDULE -- MINOR AND CONSEQUENTIAL AMENDMENTS
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