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TORRES STRAIT ISLANDER LAND ACT 1991 - SCHEDULE 1

-- DICTIONARY

Aboriginal group means a group of Aboriginal people within the meaning of the Aboriginal Land Act 1991.

accepted representations see section 159(2).

account, for part 14, division 5, see section 167.

Acquisition Act means the Acquisition of Land Act 1967.

ancestor includes an ancestor under Island custom.

appropriate register means—

(a) for freehold land—the freehold land register; or
(b) for other land—the appropriate register for the land under the Land Act.

approved form means a form approved under section 196.

available State land means land that is available State land under section 19.

available State land agreement see section 20(1).

CATSI corporation means a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth).

city or town land see section 23.

commencement, for part 19, division 3, see section 201.

Commonwealth Native Title Act means the Native Title Act 1993 (Cwlth).

constructing authority means a constructing authority under the Acquisition Act.

decision-maker, for part 16, means—

(a) for a decision mentioned in section 182(1) or (4)—the Minister; or
(b) for a decision mentioned in section 182(2) or (3) about forfeiture or non-renewal of a lease—the lessor of the lease land.

descendant includes a descendant under Island custom.

DOGIT land see section 10.

enactment day means the day on which this Act receives the Royal Assent.

excluded land means any of the following—

(a) land outside the Torres Strait area;
(b) city or town land or township land;
(c) a reserve under the Land Act;
(d) land that is set apart and declared as a State forest or timber reserve under the Forestry Act 1959;
(e) a road;
(f) land that has become unallocated State land, if a person has a right, other than under this Act, against the State to the grant of an interest in that land.

executive committee, of a land trust, means the committee of the land trust—

(a) primarily responsible for the management of the land trust; and
(b) consisting of the following—
(i) the chairperson of the land trust;
(ii) the deputy chairperson and secretary, if any, of the land trust;
(iii) the persons holding another executive office of the land trust.

forest products means all vegetable growth and material of vegetable origin (whether living or dead and whether standing or fallen).

group includes a community.

group of Torres Strait Islanders includes—

(a) the descendants of the group; and
(b) if there is only 1 surviving member of a group of Torres Strait Islanders—that person.

holder, for part 14, division 5, see section 167.

ILUA means an indigenous land use agreement noted in the ILUA register.

ILUA register means the Register of Indigenous Land Use Agreements under the Commonwealth Native Title Act, section 253.

improvements see the Land Act, schedule 6.

information, for part 14, division 3, see section 165.

interest, in relation to land, means—

(a) a legal or equitable estate or interest in the land; or
(b) a right, power or privilege over, or in relation to, the land;

and includes—

(c) a permit or licence issued in relation to the land; and
(d) a mining interest; and
(e) a geothermal tenure under the Geothermal Energy Act 2010; and
(f) a GHG authority under the Greenhouse Gas Storage Act 2009.

Island custom see section 6.

lake see the Water Act 2000, schedule 4.

Land Act means the Land Act 1994.

Land Holding Act means the Aborigines and Torres Strait Islanders (Land Holding) Act 1985.

Land Title Act means the Land Title Act 1994.

land trust means—

(a) an entity—
(i) formed through the incorporation under the repealed Torres Strait Islander Land Regulation 1991 of persons as a land trust; and
(ii) in existence immediately before the commencement of the Aboriginal Land and Torres Strait Islander Land and Other Legislation Amendment Act 2011, part 12; or
(b) an entity taken to be incorporated as a land trust under section 203.

lease—

1 Lease—
(a) for part 8, division 5, see section 105; or
(b) for part 10, see section 136.
2 A lease does not include a residential tenancy agreement.

lease land, for a provision about a lease or proposed lease, means the land subject to the lease or proposed lease.

lessee, for part 8, division 6, see section 112.

lessor—

(a) for part 8, division 5, see section 105; or
(b) for part 8, division 6, see section 112; or
(c) for part 10, see section 136.

management plan, in relation to a national park, means a statement of specific objectives and policies relating to the planning, use, development and management of the national park.

maximum amount see section 127(2).

member, of a land trust, means each person who, for the time being, is a member of the land trust, including, for example—

(a) an initial grantee of Torres Strait Islander land held by the land trust; and
(b) another person appointed by the Minister as trustee of the Torres Strait Islander land held by the land trust; and
(c) a person appointed by the Minister or the land trust as a member of the land trust.

mineral see the Mineral Resources Act 1989, section 6.

mining interest means a lease, claim or other interest in, or a permit, licence or other right in relation to, land that is granted under—

(a) the Mineral Resources Act 1989, the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004; or
(b) another Act relating to mining for minerals, petroleum or natural gas.

National Native Title Register means the National Native Title Register established and maintained under the Commonwealth Native Title Act, part 8.

national park means an area dedicated under the Nature Conservation Act 1992 as a national park.

native title holder, in relation to land held, or to be held, by a registered native title body corporate, means—

(a) if a registered native title body corporate holds the native title in relation to the land, or part of the land, on trust—the persons on whose behalf the registered native title body corporate holds the native title; or
(b) otherwise—the persons who hold the native title in relation to the land or part of the land.

natural gas see the Petroleum Act 1923, section 2.

NPARC means the Northern Peninsula Area Regional Council.

petroleum means petroleum under the Petroleum and Gas (Production and Safety) Act 2004.

prescribed DOGIT land means land comprised in any of the following deeds of grant in trust held for the benefit of Islander inhabitants—

(a) deed of grant in trust (title reference 21328057) for Bamaga;
(b) deed of grant in trust (title reference 21296131) for Hammond Island;
(c) deed of grant in trust (title reference 21352022) for Seisia.

previous, for part 19, division 3, see section 201.

proposed action see section 158(3)(a).

public infrastructure means infrastructure that is operated for the general public.

qualified, for a CATSI corporation that holds, or is proposed to hold, Torres Strait Islander land under this Act, means—

(a) membership of the CATSI corporation is restricted to Torres Strait Islanders particularly concerned with the land; or
(b) the CATSI corporation is a trustee of a trust the beneficiaries of which are restricted to Torres Strait Islanders particularly concerned with the land.

quarry material see the Forestry Act 1959, schedule 3.

registered means registered under the Land Act or the Land Title Act.

registered native title body corporate means a prescribed body corporate under the Commonwealth Native Title Act whose name and address are registered on the National Native Title Register under section 193(2)(e) or (4) of that Act.

registrar means—

(a) for freehold land—the registrar of titles; or
(b) for other land—the chief executive of the department in which the Land Act is administered.

registrar of titles means the registrar of titles under the Land Title Act.

relevant land, for part 2, division 4, see section 12.

repealed Torres Strait Act means the Community Services (Torres Strait) Act 1984 as in force before its repeal under the Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007.

required amount see section 127(1).

residential lease see section 112.

residential tenancy means a residential tenancy under the Residential Tenancies and Rooming Accommodation Act 2008.

residential tenancy agreement means a residential tenancy agreement under the Residential Tenancies and Rooming Accommodation Act 2008.

responsibilities, in relation to land, include—

(a) responsibilities under Island custom for the land, including, for example, responsibilities for areas that are of particular significance under Island custom; and
(b) responsibilities for the land that may affect neighbouring land, including, for example, responsibilities in relation to fire and vermin control.

road means a surveyed or unsurveyed road that is, under an Act, dedicated, notified or declared to be a road for public use.

sea includes waters within the ebb and flow of the tide.

show cause notice see section 158(2).

show cause period see section 158(3)(e).

standard lease see section 84(2).

tidal land means land that is ordinarily covered and uncovered by the flow and ebb of the tide at spring tides.

Torres Strait area see section 27.

Torres Strait Island council means—

(a) in relation to any area that, immediately before the day that under the Local Government Act 1993 is the changeover day for NPARC, was included in the Bamaga or Seisia Council area under the repealed Torres Strait Act—NPARC; or
(b) in relation to any area included in the local government area of TSIRC—TSIRC.

Torres Strait Islander see section 5.

Torres Strait Islander land see section 7.

Torres Strait Islander land holding entity register see section 51(1).

Torres Strait Islander reserve land see section 11.

Torres Strait Islander trust land see section 140.

Torres Strait Treaty has the meaning given by the Torres Strait Fisheries Act 1984, section 6(1), being the treaty a copy of which is set out in the schedule to that Act.

township land means land declared under section 24 to be township land.

townsite lease see section 84(3).

townsite sublease see section 98(1).

transferable land see section 8.

transferee—

(a) for part 7, division 4, subdivision 1, see section 71(1); and
(b) for part 7, division 4, subdivision 2, see section 76(1).

transferor—

(a) for part 7, division 4, subdivision 1, see section 71(1); and
(b) for part 7, division 4, subdivision 2, see section 76(1).

transferred land see section 8.

trustee—

(a) in relation to Torres Strait Islander land—means the land trust or other entity that holds the land under this Act; and
(b) of Torres Strait Islander trust land—see section 140.

trustee (Torres Strait Islander) lease see section 140.

trust money, for part 14, division 5, see section 167.

trust property, in relation to a land trust or a member of a land trust, includes—

(a) income derived from Torres Strait Islander land held by the land trust; and
(b) amounts paid to the land trust in relation to—
(i) the grant of an interest in the land; or
(ii) the creation of a mining interest in the land; or
(iii) an agreement entered into in relation to the land; and
(c) amounts paid by any person or governmental authority, or any other property, that is received or acquired by the land trust or for the land trust by a member of the land trust.

TSIRC means the Torres Strait Island Regional Council.

watercourse means a watercourse under the Water Act 2000.



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