Torres Strait Islander Land Act 1991

If the Minister is given a freehold instrument for approval, the Minister may—

approve the freehold instrument; or

approve the freehold instrument on the condition the trustee or local government for the available land amends the freehold instrument in the way the Minister directs; or

refuse to approve the freehold instrument.

In making a decision under subsection (1) about a freehold instrument, other than a model freehold instrument, the Minister must have regard to information given to the Minister by the local government for the freehold instrument after the local government has completed the process under section 28K.

The Minister may approve a freehold instrument if reasonably satisfied—

for a model freehold instrument—the model freehold schedule only includes freehold option land of a type prescribed by regulation for section 28D(4); and

the trustee has consulted with the native title holders for the freehold option land proposed to be included in the freehold schedule; and

the consultation was consistent with the way decided by the trustee under section 28I.

The Minister must give notice of the decision under subsection (1) to the trustee and the local government for the freehold instrument.

If the Minister approves a freehold instrument, the local government must—

attach the freehold instrument to its planning scheme; and

publish, in a newspaper or other publication circulating generally in the local government’s area at least once, a notice stating the freehold instrument is approved and attached to its planning scheme.