Aboriginal and Torres Strait Islander Land Holding Act 2013 (Qld)

Aboriginal and Torres Strait Islander Land Holding Act 2013

An Act to make ongoing provision for particular matters arising under the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 and to repeal that Act

Part 1 Preliminary

Division 1 Introduction

1 Short title This Act may be cited as the Aboriginal and Torres Strait Islander Land Holding Act 2013.

2 Commencement This Act, other than the following provisions, commences on a day to be fixed by proclamation— (a) part 12, division 2, subdivisions 1 and 2; (b) part 12, division 4; (c) part 12, division 10, subdivisions 1 and 2.

3 Main object of Act The main object of this Act is— (a) 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 (b) to resolve boundary problems affecting particular 1985 Act granted leases; and (c) 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.

4 Achieving Act's main object (1) Achieving this Act's main object includes the following— (a) the identification of outstanding lease entitlements; (b) consultation, negotiation and agreement aimed at resolving practical obstacles to satisfying lease entitlements; (c) consultation, negotiation and agreement aimed at resolving boundary problems affecting some 1985 Act granted leases. (2) This Act allows for the deferral of the grant of a lease to satisfy a lease entitlement, having regard to the practical obstacles that may be identified. (3) The purpose of a deferral is not to diminish a right to the grant of the lease, but is intended— (a) to allow the resolution of the obstacles by agreement or a decision of the Land Court; and (b) to ensure the grant, when made, is not affected by the obstacles in the way that would otherwise happen if there was a grant of the lease without an attempt at resolution.