Minister’s approval to transfer
106 Minister’s approval to transfer
The Minister may give an approval to transfer the land only if satisfied—
if the transferor is a land trust—at least 75% of the transferor’s members present at a general meeting of the transferor, agree to the transfer of—
the land; and
the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and
if the transferee is a land trust—at least 75% of the transferee’s members present at a general meeting of the transferee, agree to the transfer of—
the land; and
the assets and liabilities of the transferor that will become the assets and liabilities of the transferee; and
if the transferee is a CATSI corporation—
the transferee agrees to the transfer; and
the transferee is qualified to hold the land; and
if the transferee is a CATSI corporation that is a registered native title body corporate—
under the Commonwealth Native Title Act, a determination has been made that native title exists in relation to all or a part of the land and the CATSI corporation is the registered native title body corporate for the determination; or
a determination has not been made under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land, but it is appropriate in all the circumstances for the land to be transferred to the CATSI corporation; and
Examples of when it is appropriate for the land to be transferred to the CATSI corporation—
1 The transfer to the CATSI corporation is supported by consultation with Aboriginal people particularly concerned with the land.
2 The land is within the external boundaries of an area of land the subject of a native title determination and the CATSI corporation is the registered native title body corporate for the determination.
3 An ILUA has been entered into for the land and the CATSI corporation is nominated in the ILUA as the proposed transferee for the land under this Act.
4 Anthropological research supports the CATSI corporation as being the appropriate transferee.
it is appropriate in the circumstances to transfer the land.
If the Minister gives an approval to transfer the land, the chief executive must notify the approval by gazette notice.
The gazette notice must—
include all of the following—
the name of the transferor;
a description of the land being transferred;
details of each registered interest in the land being transferred;
a description of all Aboriginal land, if any, that will be held by the transferor after the transfer;
the name of the transferee;
a description of all Aboriginal land that will be held by the transferee after the transfer; and
if the transferor is a land trust that is dissolved under section 104(2)(d)(i) because of the transfer—state the land trust will be dissolved.
In this section—
description, in relation to land, means the description of the land as shown in the freehold land register.
registered interest means an interest registered under the Land Title Act.
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