Torres Strait Islander Land Act 1991

This Act may be cited as the Torres Strait Islander Land Act 1991.

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

For the purposes of this Act, a Torres Strait Islander is particularly concerned with land if the Torres Strait Islander—

has a particular connection with the land under Island custom; or

lives on or uses the land or neighbouring land.

For the purposes of this Act, Torres Strait Islanders are particularly concerned with land if—

they are members of a group that has a particular connection with the land under Island custom; 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.

A Torres Strait Islander is a person who is a descendant of an indigenous inhabitant of the Torres Strait Islands.

s 5.21 om 1992 No. 20 s 159 sch 2

Island custom, known in the Torres Strait as Ailan Kastom, is the body of customs, traditions, observances and beliefs of Torres Strait Islanders generally or of a particular group of Torres Strait Islanders, and includes any such customs, traditions, observances and beliefs relating to particular persons, areas, objects or relationships.

Torres Strait Islander land is transferred land.

Transferable land is land that is to be granted under part 4.

Transferred land is land that is granted under part 4.

The following lands are transferable lands—

DOGIT land;

Torres Strait Islander reserve land;

available State land the Minister declares to be transferable land.

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 28C.

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 13;

an offer to allocate available land under section 28T, while the offer is in force;

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

s 9.05 om 1993 No. 85 s 172B (amd 1994 No. 61 s 2 sch 2)

s 9.09 om 1993 No. 85 s 172B (amd 1994 No. 61 s 2 sch 2)