February 14, 2013

Legislation passed last night in State Parliament is designed to fix long-standing anomalies in land tenure in some Aboriginal and Torres Strait Island communities.

Natural Resources and Mines Minister Andrew Cripps said the Aboriginal and Torres Strait Islander Land Holding Bill 2012 would rectify problems that had prevented some Aboriginal and Torres Strait Islander people from obtaining perpetual leases.

“This new legislation replaces the redundant and inflexible Aboriginal and Torres Strait Islanders (Land Holding Act) 1985 with new, more effective and relevant legislation that will better serve as a ‘home ownership’ scheme for Indigenous communities,” he said.

“The new legislation establishes a process and framework to grant more than 200 perpetual leases in 15 communities and, where appropriate, for lessees to be confirmed as a ‘home owner’.

“While 223 leases were granted under the previous Act, many other applicants who were found to be eligible for these leases never received them, denying more than 200 eligible Queenslanders their rights to own leasehold property.

“This led to a raft of tenure anomalies, including housing not being constructed within, or even on the lease area, and other infrastructure either encroaching or being entirely constructed on lease or entitlement areas.”

Mr Cripps said the passing of the Bill delivered necessary amendments across several pieces of legislation, and tackled complex tenure issues that had been problematic for far too long.

“These common sense reforms are the first in a series of long overdue reforms in this area, and will benefit Queensland’s Indigenous communities.”

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Mr Cripps said the “Providing freehold title in Aboriginal and Torres Strait Islander communities” discussion paper is still open for comments.

Copies of this discussion paper are available online

Written submissions regarding the proposal may be lodged with the Director, Whole of Government Policy, Aboriginal and Torres Strait Islander Land Services, Department of Natural Resources and Mines, PO Box 2454, Brisbane, 4001; by fax at (07) 3405-6899; or by email until March 29, 2013.