Definitions for pt 2A
28B Definitions for pt 2A
In this part—
allocation method, for available land, means—
the auction, ballot or tender to be used to allocate the available land; and
the conditions of the auction, ballot or tender.
allocation notice see section 28Z(1)(a).
allocation process, for available land, means—
if there is an interest holder for the available land—the process stated in division 5; or
otherwise—the process stated in division 6.
appeal period, for available land, means the period starting on the day a person receives an information notice in relation to the available land and ending—
if no notice of appeal is filed in relation to the available land—on the last day for making an appeal; or
if a notice of appeal is filed in relation to the available land—when the appeal is finally decided.
available land see section 28D(3).
closing day for division 6, see section 28ZA(1)(d).
eligibility criteria see section 28D(6)(a).
eligible person, for available land, means a person who meets the eligibility criteria for the land and is—
a Torres Strait Islander or Aboriginal person; or
the spouse or former spouse of—
a person mentioned in paragraph (a); or
a Torres Strait Islander or Aboriginal person who is deceased.
freehold instrument means a freehold schedule and the freehold policy for the freehold schedule.
freehold option land means land in an indigenous local government’s area if—
any of the following entities are the trustee of the land—
an indigenous local government;
a land trust;
another entity holding the land under this Act; and
the land is in an urban area.
freehold policy, for a freehold schedule, see section 28D(5).
freehold schedule—
means a schedule made as mentioned in section 28D(1) by the trustee of freehold option land; and
includes a model freehold schedule.
indigenous local government see the Local Government Act 2009, schedule 4.
interest holder, for available land, means a person who holds any of the following interests in the land—
a registered lease granted under this Act or the Land Act, other than a townsite lease;
a lease entitlement under the new Land Holding Act;
a 1985 Act granted lease or a new Act granted lease under the new Land Holding Act;
a registered sublease, including a registered sublease of a townsite lease;
a residential tenancy agreement for a social housing dwelling situated on the available land;
a right to occupy or use the available land under section 148.
model freehold instrument, for division 4, subdivision 2, see section 28F.
model freehold schedule see section 28D(4).
native title holder has the same meaning as it has in the Commonwealth Native Title Act.
offer means an offer to an eligible person by a trustee to allocate available land to the person under section 28T.
planning scheme means a planning scheme under the Planning Act 2016.
probity advisor see section 28ZB(1).
urban area means an area identified as an area intended for either urban purposes or future urban purposes on a map in a planning scheme used to show zones.
urban purposes means purposes for which land is used in cities or towns, including residential, industrial, sporting, recreation and commercial purposes.
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