Aboriginal Land Act 1991

This Act may be cited as the Aboriginal Land Act 1991.

The dictionary in schedule 1 defines particular words used in this Act.

For the purposes of this Act, an Aborigine is particularly concerned with land if the Aborigine—

has a particular connection with the land under Aboriginal tradition; or

lives on or uses the land or neighbouring land.

For the purposes of this Act, Aboriginal people are particularly concerned with land if—

they are members of a group that has a particular connection with the land under Aboriginal tradition; or

they live on or use the land or neighbouring land.

This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Aboriginal people are people of the Aboriginal race of Australia. s 5.21 om 1992 No. 20 s 159 sch 2

An Aborigine is a person of the Aboriginal race of Australia.

Aboriginal tradition is the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular group of Aboriginal people, and includes any such traditions, observances, customs and beliefs relating to particular persons, areas, objects or relationships.

Aboriginal land is transferred land or granted land.

Aboriginal land includes land that was transferred land and has subsequently become granted land.

Transferable land is land that is to be granted under part 4 without a claim being made under this Act for the land.

Transferred land is land that is granted under part 4 without a claim being made under this Act for the land. s 9.05 om 1993 No. 85 s 164B (amd 1994 No. 61 s 2 sch 2) s 9.09 om 1993 No. 85 s 164B (amd 1994 No. 61 s 2 sch 2) s 9.11 ins 1993 No. 85 s 164D (amd 1994 No. 61 s 2 sch 2)

The following lands are transferable lands—

DOGIT land;

Aboriginal reserve land;

available State land the Minister declares to be transferable land;

land that is transferable land under section 174, 175A, 176 or 177;

land that becomes transferable land under section 230.

However, land mentioned in subsection (1) ceases to be transferable land to the extent either of the following applies—

it is taken, under the Acquisition Act, by a constructing authority;

it is available land approved for a grant in fee simple by the chief executive under section 32C.

Also, land mentioned in subsection (1) is not transferable land to the extent it is the subject of any of the following—

a declaration in force under section 16;

an offer to allocate available land under section 32T, while the offer is in force;

an allocation process for available land under part 2A, division 6, until the process ends.

DOGIT land is land that, at the beginning of the enactment day, was—

prescribed DOGIT land or land granted in trust under the Land Act 1962 for the benefit of Aboriginal inhabitants or for the purpose of an Aboriginal reserve; or

within the external boundaries of an area of such land and—

reserved and set apart for, or dedicated to, a public purpose under the Land Act 1962; or

land that has become unallocated State land by way of resumption for a public purpose within the meaning of the Land Act 1962; or

subject to a lease granted under the Land Holding Act; or

subject to a special lease granted under the Land Act 1962; or

the subject of an application under the Land Holding Act, section 5, that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;

other than—

a road; or

a stock route or associated reserve.

DOGIT land includes land within the external boundaries of land mentioned in subsection (1)(a) that has, since the enactment day, ceased to be a road.

Also, DOGIT land includes land within the external boundaries of land mentioned in subsection (1)(a) if—

the land was the subject of an application under the Land Holding Act, section 5, that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and

a lease under that Act has not been granted for the land.

DOGIT land does not include land within the external boundaries of land mentioned in subsection (1)(a) if the land has, since the enactment day, become a road.

Aboriginal reserve land is land that, at the beginning of the enactment day, is—

reserved and set apart under the Land Act 1962 for an Aboriginal reserve or for the benefit of Aboriginal inhabitants; or

within the external boundaries of an area of such land and—

subject to a lease granted under the Land Holding Act; or

the subject of an application under the Land Holding Act, section 5, that had been approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act, but for which a lease under that Act has not been granted;

and includes land reserved and set apart under the Land Act 1962 for any other public purpose if the Minister declares the land to be land that was, or is included in land that was, at the beginning of the enactment day, being used as an Aboriginal reserve or for the benefit of Aboriginal people.

Also, Aboriginal reserve land includes land within the external boundaries of land mentioned in subsection (1)(a) if—

the land was the subject of an application under the Land Holding Act, section 5, that was approved by the trustee council, or approved on appeal by the appeal tribunal, under that Act after the enactment day; and

a lease under that Act has not been granted for the land.

Further, Aboriginal reserve land includes land within the external boundaries of land mentioned in subsection (1)(a) if the land has, since the enactment day, ceased to be a road.

Aboriginal reserve land does not include land within the external boundaries of land mentioned in subsection (1)(a) if the land has, since the enactment day, become a road.