Nature Conservation and Other Legislation (Indigenous Joint Management—Moreton Island) Amendment Bill 2020 (Qld)

An Act to amend the Aboriginal Land Act 1991, the Nature Conservation Act 1992, the Recreation Areas Management Act 2006 and the Torres Strait Islander Land Act 1991 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Nature Conservation and Other Legislation (Indigenous Joint Management—Moreton Island) Amendment Act 2020.

Part 2 Amendment of Aboriginal Land Act 1991

2 Act amended This part amends the Aboriginal Land Act 1991.

3 Amendment of s 10 (Lands that are transferable lands) Section 10(1)(f), after '174,'— insert— 175A,

4 Amendment of s 45 (Existing interests) Section 45(4) and (5)— omit, insert— (4) However, subsections (5) to (5B) apply if, under an available State land agreement— (a) an interest in transferable land (the previous interest) ends on the grant of the land under this part; and (b) a new interest granted by the trustee of the land is to have effect in substitution for the previous interest on the grant of the land. (5) Despite subsections (1) to (3), the previous interest ends on the grant of the land. (5A) However, if the previous interest was a lease under the Land Act (the previous lease) and the interest that is to have effect in substitution for the previous lease is a lease under the Land Title Act (the new lease)— (a) despite section 25(3) and the available State land agreement, the previous lease does not end until the new lease is registered in the freehold land register; and (b) the lessee of the new lease must lodge the new lease for registration in the freehold land register immediately after the grant of the land; and (c) if a sublease was in force under the previous lease immediately before the grant of the land, on the grant of the land the sublease continues under the new lease; and (d) subject to paragraph (e) and subsection (5B), the new lease must be registered in the freehold land register subject to the same encumbrances to which the previous lease was subject, and in the same priorities, as recorded in the appropriate register immediately before the grant of the land; and (e) any particulars recorded in the appropriate register for the previous lease immediately before the grant of the land must be recorded in the freehold land register for the land, to the extent the particulars are relevant to the land. (5B) If an easement that burdened the previous lease was in existence immediately before the grant of the land, on the grant of the land the easement— (a) continues in existence, despite the Land Act, section 372; and (b) burdens the land the subject of the new lease; and (c) is taken to have been registered under the Land Title Act, part 6, division 4.