Indigenous Land Acts Review
The Aboriginal and Torres Strait Islander Land Amendment Act 2008 (the Act) was proclaimed on 17 July 2008.
It amends the Aboriginal Land Act 1991(ALA), Torres Strait Islander Land Act 1991(TSILA), Land Act 1994, Local Government (Aboriginal Lands) Act 1978 and Native Title (Queensland) Act 1993.
- About the Act
- Long term leasing
- Aurukun and Mornington shires
- Non-transferability provisions
- Compulsory acquisition powers
- TSILA review
- Further amendments to the ALA
- Further information
About the Act
The Aboriginal and Torres Strait Islander Land Amendment Act 2008 was introduced to Parliament on 14 April 2008. Following parliamentary debate, it was passed on 13 May 2008 and proclaimed on 17 July 2008. The amendments in the Act aim to:
- encourage home ownership and provide leases for public housing
- provide greater certainty of tenure in townships and assist the transfer process for DOGIT land areas outside of townships
- encourage economic development in Indigenous communities
- facilitate the construction of public infrastructure.
Key changes are:
- long-term leases (up to 99 years) of Indigenous land for residential purposes, public housing, commercial purposes or public infrastructure
- removal of the requirement under the ALA and TSILA to transfer to a land trust certain lands that have been gazetted as ‘not transferable’
- compulsory acquisition powers.
Long term leasing
Under the Act, long-term leasing arrangements on Indigenous land have been introduced for:
- residential purposes—leases of 99 years for private residential purposes
- commercial purposes—encouraging economic development by enabling the renewal of leases and longer term leasing of up to 99 years. Safeguards are built into the system such as strict criteria that must be met before a proponent can obtain a commercial lease for greater than 30 years
- public infrastructure and social housing purposes—allowing the State to hold long-term leases of up to 99 years for public infrastructure purposes or for purposes under the Housing Act 2003. The Australian Government and the local authority for the land can also be granted long-term leases to provide public infrastructure.
The department is currently preparing a series of manuals to help Indigenous land trustees take advantage of the new leasing arrangements. They will be available online as they are developed.
The first manual of the series, Leasing Aboriginal Deed of Grant in Trust land in local government areas—private residential purposes (version one) (PDF, 346K)* , has been released and covers residential leases on Aboriginal DOGIT land and addresses:
- trustee leasing roles and responsibilities
- leasing options and conditions
- leasing procedures.
The department proposes to conduct training to assist trustees in the use of the manuals.
Please note: the leasing manual will be regularly updated with information to assist trustees. The latest version of the manual will be available on the department website or by contacting the Indigenous Land Trustee Support Service on 1800 067 615.
To apply for a lease for any purpose on Aboriginal Deed of Grant in Trust land an Aboriginal person, the State or another person should complete an Expression of Interest Form.
Aurukun and Mornington shires
Due to the nature of their tenures under the Local Government (Aboriginal Lands) Act 1978, it is not possible, at this time, to apply the long-term leasing provisions in Aurukun and Mornington shires. Amendments to the Act will be considered in 2009 to enable long-term leasing.
Non-transferability provisions
The amendments provide that transferable land is no longer transferable where it has been compulsorily acquired or is subject to a long-term commercial lease (longer than 30 years). In addition, the Minister can declare land to be ‘not-transferable’ land if satisfied that:
- infrastructure (housing, essential or other) is situated on the land
- the land is being used as a town site or part of a town site by the Indigenous people on the land
- the land is being used as a road
- having regard to the nature or use of the land, it is not appropriate or practicable for the land to be granted ‘in fee simple’ under the ALA or TSILA.
Compulsory acquisition powers
Indigenous land is now subject to the same compulsory acquisition of land process as native title and ordinary freehold properties in Queensland.
Indigenous land can not however be compulsorily acquired for a purpose under -
- the State Development and Public Works Organisation Act 1971;
- the Petroleum and Gas (Production and Safety) Act 2004.
Indigenous land may now be compulsorily acquired (as can ordinary freehold) for purposes such as schools, police stations and hospitals, thus allowing essential community infrastructure to be more readily provided to Indigenous communities. The government will only seek to compulsorily acquire land when no other practical alternatives are available.
TSILA review
The review of the TSILA is continuing and is expected to be completed towards the end of 2009. The department has met with Indigenous stakeholder groups to discuss the review's proposed consultation process, and further discussions with these groups will continue in the latter part of 2008.
Comprehensive consultation with Torres Strait Islander communities will be undertaken in March and April 2009.
Please note: some outcomes of the ALA review are applicable to both Aboriginal land and Torres Strait Islander land (e.g. new leasing opportunities have been extended to all Indigenous land, not just Aboriginal DOGIT land).
Further amendments to the ALA
As part of the final stage of the review of the ALA, a Bill will be prepared to deal with a number of technical and goverance issues relating to land trusts. Amendments will also be considered to enable long-term leasing in Aurukun and Mornington shires.
It is proposed to submit the Bill for the Government's consideration in mid 2009.
Further information
- Fact sheet: Aboriginal and Torres Strait Islander Land Amendment Act 2008 (PDF, 109K)*
- Leasing manual: Leasing Aboriginal Deed of Grant in Trust land in local government areas—private residential purposes (version one) (PDF, 346K)*.
Indigenous Land Acts Review Team
Department of Environment and Resource Management
Locked Bag 40, Coorparoo DC
Queensland 4151, Australia
or
Indigenous Land Trustee Support Service unit
Department of Environment and Resource Management
PO Box 937, Cairns
Queensland 4870, Australia
Freecall: 1800 067 615
* Requires Acrobat Reader
Last updated: 27 January 2009