Torres Strait Islander Land Act 1991

This section applies if this Act provides that the trustee of Torres Strait Islander land is required to make a decision about the land, including, for example, a decision about any of the following—

the way in which the trustee will consult about the making of a freehold instrument for the land;

whether to grant an interest in the land;

whether to consent to the creation of a mining interest in the land;

whether to enter into an agreement about the land.

The trustee must—

have regard to—

if the Torres Strait Islanders for whom the trustee holds the land have agreed on a decision-making process for decisions of that kind—the process; or

if subparagraph (i) does not apply—any Island custom, for decisions of that kind, of the Torres Strait Islanders for whom the trustee holds the land; or

if there is no decision-making process mentioned in paragraph (a)(i) or relevant Island custom—make the decision under a process of decision-making agreed to and adopted by the trustee for the decision or for decisions of that kind.