Dictionary
Schedule 1 Dictionary
section 2
Aboriginal council...
Aboriginal land see section 8.
Aboriginal land claim association...
Aboriginal land holding entity register see section 84(1).
Aboriginal lease...
Aboriginal (non-transferred land) lease...
Aboriginal people see section 5.
Aboriginal reserve land see section 12.
Aboriginal tradition see section 7.
Aboriginal (transferred land) lease...
Aboriginal trust land see section 184.
Aborigine see section 6.
accepted representations see section 253(2).
account, for part 20, division 5, see section 261.
Acquisition Act means the Acquisition of Land Act 1967.
allocation method, for available land, for part 2A, see section 32B.
allocation notice, for part 2A, see section 32Z(1)(a).
allocation process, for available land, for part 2A, see section 32B.
ancestor includes an ancestor under Aboriginal tradition.
appeal period, for available land, for part 2A, see section 32B.
appropriate register means—
for freehold land—the freehold land register; or
for other land—the appropriate register for the land under the Land Act.
approved form means a form approved under section 293.
associated reserve means land—
dedicated as a reserve under the Land Act for travelling stock requirements or watering-places; or
reserved and set apart under the Land Act 1962 for works for obtaining, conserving, distributing or utilising water.
Aurukun Shire lease land...
available Crown land...
available land see section 32D(3).
available State land means land that is available State land under section 24.
available State land agreement see section 25(1).
bed and banks...
Cape York Peninsula Region means the Cape York Peninsula Region under the Cape York Peninsula Heritage Act 2007.
CATSI corporation means a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth).
city or town land see section 28.
claimable land see section 22.
closing day, for part 2A, division 6, see section 32ZA(1)(d).
coast...
Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth).
constructing authority means a constructing authority under the Acquisition Act.
court, in relation to a proceeding relating to trust property of a land trust, for part 21, division 2, see section 268A.
Crown...
decision-maker, for part 22, means—
for a decision mentioned in section 277(1) or (5)—the Minister; or
for a decision mentioned in section 277(2)—the trustee of the available land to which the decision relates; or
for a decision mentioned in section 277(3) or (4) about forfeiture or non-renewal of a lease—the lessor of the lease land.
descendant includes a descendant under Aboriginal tradition.
director...
DOGIT land see section 11.
eligibility criteria, for part 2A, see section 32D(6)(a).
eligible person, for available land, for part 2A, see section 32B.
enactment day means the day on which this Act receives the Royal Assent.
environment Minister means the Minister administering the Nature Conservation Act 1992.
excluded land means any of the following—
land inside the Torres Strait area;
city or town land or township land;
a reserve under the Land Act;
land that is set apart and declared as a State forest or timber reserve under the Forestry Act 1959;
a road;
a stock route;
land subject to a special mining Act;
land that has become unallocated State land, if a person has a right, other than under this Act, against the State to the grant of an interest in that land.
executive committee, of a land trust, means the committee of the land trust—
primarily responsible for the management of the land trust; and
consisting of the following—
the chairperson of the land trust;
the deputy chairperson and secretary, if any, of the land trust;
the persons holding another executive office of the land trust.
expression of interest see section 35(1).
forest products means all vegetable growth and material of vegetable origin (whether living or dead and whether standing or fallen).
freehold instrument see section 32B.
freehold option land see section 32B.
freehold policy, for a freehold schedule, for part 2A, see section 32D(5).
freehold schedule, for part 2A, see section 32B.
general meeting, of a land trust, means an annual general meeting or special general meeting of the trust.
granted land see section 22.
group includes a community.
group of Aboriginal people includes—
the descendants of the group; and
if there is only 1 surviving member of a group of Aboriginal people—that person.
holder, for part 20, division 5, see section 261.
home ownership lease see sections 120(2) and 121(2).
housing chief executive means the chief executive of the department in which the Housing Act 2003 is administered.
ILUA means an indigenous land use agreement noted in the ILUA register.
ILUA register means the Register of Indigenous Land Use Agreements under the Commonwealth Native Title Act, section 253.
improvements see the Land Act, schedule 6.
indigenous joint management area means an area declared under the Nature Conservation Act 1992 as an indigenous joint management area.
indigenous local government, for part 2A, see section 32B.
indigenous management agreement, about the management of land, means an agreement complying with the requirements of section 170 in relation to the land.
information, for part 20, division 4, see section 259.
information notice, about a decision, means a notice stating all of the following—
the decision;
the reasons for the decision;
that the person to whom the notice is given may appeal to the Land Court against the decision within 28 days after receiving the notice;
how the person may appeal.
interest, in relation to land, means—
a legal or equitable estate or interest in the land; or
a right, power or privilege over, or in relation to, the land;
and includes—
a permit or licence issued in relation to the land; and
a mining interest; and
a geothermal tenure under the Geothermal Energy Act 2010; and
a GHG authority under the Greenhouse Gas Storage Act 2009.
interested person, in relation to a claim under this Act for claimable land, means a person whose interests (whether pecuniary or otherwise) could be affected by the grant of the land as Aboriginal land because of the claim.
interest holder, for available land, for part 2A, see section 32B.
lake see the Water Act 2000, schedule 4.
land...
Land Act means the Land Act 1994.
land claims registrar...
Land Holding Act means the Aborigines and Torres Strait Islanders (Land Holding) Act 1985.
Land Title Act means the Land Title Act 1994.
Land Tribunal means the Land Tribunal established for the purposes of this Act.
land trust means—
an entity—
formed through the incorporation, under the repealed regulation, of persons as a land trust; and
either established under section 304 or in existence immediately before the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011, part 3; or
an entity taken to be incorporated as a land trust under section 303.
lease—
generally, does not include a residential tenancy agreement; and
for part 14, see section 180.
lease land, for a provision about a lease or proposed lease, means the land subject to the lease or proposed lease.
lessee, for part 10, see section 119.
lessor—
for part 10, see section 119; or
for part 14, see section 180.
management plan...
maximum amount see section 142(2).
member, of a land trust, means each person who, for the time being, is a member of the land trust, including, for example—
an initial grantee of Aboriginal land held by the land trust; and
another person appointed by the Minister as trustee of the Aboriginal land held by the land trust; and
a person appointed by the Minister or the land trust as a member of the land trust.
mineral see the Mineral Resources Act 1989, section 6.
mining interest means a lease, claim or other interest in, or a permit, licence or other right in relation to, land that is granted under—
the Mineral Resources Act 1989, the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004; or
another Act relating to mining for minerals, petroleum or natural gas.
model freehold instrument, for part 2A, division 4, subdivision 2, see section 32F.
model freehold schedule, for part 2A, see section 32D(4).
Moreton Island see the Nature Conservation Act 1992, schedule.
Mornington Island Shire lease land...
Mornington Shire lease land...
National Native Title Register means the National Native Title Register established and maintained under the Commonwealth Native Title Act, part 8.
national park means an area dedicated under the Nature Conservation Act 1992 as a national park.
national park (Cape York Peninsula Aboriginal land) means an area dedicated under the Nature Conservation Act 1992 as a national park (Cape York Peninsula Aboriginal land).
native title determination, in relation to land, means a determination under the Commonwealth Native Title Act that native title exists in relation to all or a part of the land.
native title holder—
for part 2A, see section 32B; or
otherwise—in relation to land held, or to be held, by a registered native title body corporate, means—
if the registered native title body corporate holds the native title in relation to the land, or part of the land, on trust—the persons on whose behalf the registered native title body corporate holds the native title; or
if subparagraph (i) does not apply—the persons who hold the native title in relation to the land or part of the land.
native title interests...
natural gas see the Petroleum Act 1923, section 2.
new Land Holding Act means the Aboriginal and Torres Strait Islander Land Holding Act 2013.
non-presiding member, in relation to the Land Tribunal, means a member of the tribunal other than the chairperson or a deputy chairperson.
North Stradbroke Island Region see the North Stradbroke Island Protection and Sustainability Act 2011, section 5.
notice means a written notice.
offer, for part 2A, see section 32B.
part 10 lease see section 119.
petroleum means petroleum under the Petroleum and Gas (Production and Safety) Act 2004.
planning scheme, for part 2A, see section 32B.
prescribed DOGIT land means land comprised in any of the following deeds of grant in trust held for the benefit of Islander inhabitants—
deed of grant in trust (title reference 21328057) for Bamaga;
deed of grant in trust (title reference 21296131) for Hammond Island;
deed of grant in trust (title reference 21352022) for Seisia.
prescribed reserve land see section 197.
presiding member, in relation to the Land Tribunal, means the chairperson or a deputy chairperson of the tribunal.
previous, for part 25, division 3, see section 302.
probity advisor, for part 2A, see section 32ZB(1).
proposed action—
for a provision about action to be taken by the Minister under part 20, division 2, subdivision 3, see section 252(3)(a); or
for a provision about action to be taken by a land trust under part 20, division 2, subdivision 4, see section 257(1).
public infrastructure means infrastructure that is operated for the general public.
qualified, for a CATSI corporation that holds, or is proposed to hold, Aboriginal land under this Act, means—
membership of the CATSI corporation is restricted to Aboriginal people particularly concerned with the land; or
the CATSI corporation is a trustee of a trust the beneficiaries of which are restricted to Aboriginal people particularly concerned with the land.
quarry material see the Forestry Act 1959, schedule 3.
reasonably considers means considers on grounds that are reasonable in the circumstances.
reasonably satisfied means satisfied on grounds that are reasonable in the circumstances.
registered means registered under the Land Act or the Land Title Act.
registered native title body corporate means a prescribed body corporate under the Commonwealth Native Title Act whose name and address are registered on the National Native Title Register under section 193(2)(e) or (4) of that Act.
registrar means the registrar of titles under the Land Title Act.
registrar of titles...
relevant land, for part 2, division 4, see section 15.
repealed regulation means the repealed Aboriginal Land Regulation 1991.
required amount see section 142(1).
residential lease...
residential tenancy means a residential tenancy under the Residential Tenancies and Rooming Accommodation Act 2008.
residential tenancy agreement means a residential tenancy agreement under the Residential Tenancies and Rooming Accommodation Act 2008.
responsibilities, in relation to land, include—
responsibilities under Aboriginal tradition for the land, including, for example, responsibilities for areas that are of particular significance under Aboriginal tradition; and
responsibilities for the land that may affect neighbouring land, including, for example, responsibilities in relation to fire and vermin control.
road means a surveyed or unsurveyed road that is, under an Act, dedicated, notified or declared to be a road for public use.
sea includes waters within the ebb and flow of the tide.
show cause notice—
for a notice given by the Minister, see section 252(2); or
for a notice given by a land trust, see section 257(3).
show cause period—
for a provision about a show cause notice given by the Minister, see section 252(3)(e); or
for a provision about a show cause notice given by a land trust, see section 257(4)(f).
social housing means housing that—
is being used to provide subsidised housing for residential use; or
has been used to provide subsidised housing for residential use and for which an amount, payable under either of the following sections for the dwelling, has not been paid to the trustee—
section 128;
section 143 as in force before the commencement of the Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014, section 12.
social housing dwelling means a dwelling the housing chief executive reasonably considers to be social housing.
special mining Act means—
Alcan Queensland Pty. Limited Agreement Act 1965; or
Central Queensland Coal Associates Agreement Act 1968; or
Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957; or
Mount Isa Mines Limited Agreement Act 1985; or
Queensland Nickel Agreement Act 1970; or
Thiess Peabody Coal Pty. Ltd. Agreement Act 1962; or
Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965.
standard lease...
stock route see the Land Act, schedule 6.
tidal land means land that is ordinarily covered and uncovered by the flow and ebb of the tide at spring tides.
Torres Strait area means the Torres Strait area under the Torres Strait Islander Land Act 1991.
Torres Strait Islander means a person who is a descendant of an indigenous inhabitant of the Torres Strait Islands.
Torres Strait Islander particularly concerned with the land, for land that is or was prescribed DOGIT land, means a Torres Strait Islander who lives on the land.
Torres Strait Islanders...
township land means land declared under section 29 to be township land.
townsite lease see section 120(3).
townsite sublease...
transferable land see section 9.
transferee—
for part 9, division 4, subdivision 1, see section 104(1); and
for part 9, division 4, subdivision 2, see section 109(1).
transferor—
for part 9, division 4, subdivision 1, see section 104(1); and
for part 9, division 4, subdivision 2, see section 109(1).
transferred land see section 9.
tribunal means the Land Tribunal.
trustee, in relation to land, is the entity that—
holds, as trustee, the land under this Act; or
is the trustee of the land under the Land Act.
trustee (Aboriginal) lease see section 184.
trust money, for part 20, division 5, see section 261.
trust property, in relation to a land trust or a member of a land trust, includes—
income derived from Aboriginal land held by the land trust; and
amounts paid to the land trust in relation to—
the grant of an interest in the land; or
the creation of a mining interest in the land; or
an agreement entered into in relation to the land; and
amounts paid by any person or governmental authority, or any other property, that is received or acquired by the land trust or for the land trust by a member of the land trust.
unallocated State land means unallocated State land under the Land Act.
urban area, for part 2A, see section 32B.
urban purposes, for part 2A, see section 32B.
watercourse means a watercourse under the Water Act 2000.
This provision refers to the regulations (prescribed body
). Made under this Act:
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