Duties Act 2001

Transfer duty is not imposed on the following dutiable transactions, if the dutiable transaction satisfies the requirements stated in subsection (2)—

a transfer, or agreement for the transfer, of land;

the acquisition of a new right that is land in Queensland.

For subsection (1), the requirements are—

the dutiable transaction is expressly provided for in an indigenous land use agreement; and

the sole purpose of the dutiable transaction is to give effect to the indigenous land use agreement; and

the transfer or agreement for the transfer of land, or the acquisition of the right, is in exchange for the surrender of native title rights and interests under the Native Title Act 1993 (Cwlth) for an area of land to which the indigenous land use agreement relates; and

the commissioner is satisfied the land will be used by the transferee or acquirer for an eligible use on or before the day that is 6 months after the transferee or acquirer is entitled to possession of the land, or the later day fixed by the commissioner by notice given to the transferee or acquirer (the start date); and

the commissioner is satisfied the land will be used for the eligible use for at least 12 months from the start date (the duration period).

Subsection (4) applies if, after an assessment is made on the basis of an exemption under subsection (1), the commissioner is satisfied the land the subject of the dutiable transaction—

has not been used for an eligible use by the start date; but

will be used—

for an eligible use by a later date (the new start date) fixed by the commissioner by notice given to the transferee or acquirer; and

for the eligible use for at least 12 months from the new start date (the new duration period).

The commissioner must not make a reassessment merely because the land has not been used for an eligible use by the start date if the land starts to be used for the eligible use by the new start date.

In this section—indigenous land use agreement means an indigenous land use agreement registered on the register of indigenous land use agreements under the Native Title Act 1993 (Cwlth), part 8.