❓ Hon. Nigel Hallett asks about the process of converting pastoral leases to rangelands leases under the Land Administration Amendment Bill 2016, specifically regarding Indigenous Land Use Agreements (ILUAs). The Minister provides clarification on the process and ILUA requirements.
AnsweredQoN 617Legislative Council
QuestionView source ↗
LAND ADMINISTRATION AMENDMENT BILL 2016 —
PASTORAL AND RANGELANDS LEASES
617. Hon NIGEL HALLETT to the minister
representing the Minister for Lands:
I refer to the Land Administration
Amendment Bill 2016, which provides a legislative basis for reform and tenure
of pastoral and rangelands leases. When a pastoral lease is converted to a rangelands
lease, can the minister please explain —
(1) the process to return the lease
to a pastoral lease under the provisions of the draft bill;
(2) the status of the existing
Indigenous land use agreement; and
(3) the process for negotiating a new
Indigenous land use agreement for a rangelands lease?
PASTORAL AND RANGELANDS LEASES
617. Hon NIGEL HALLETT to the minister
representing the Minister for Lands:
I refer to the Land Administration
Amendment Bill 2016, which provides a legislative basis for reform and tenure
of pastoral and rangelands leases. When a pastoral lease is converted to a rangelands
lease, can the minister please explain —
(1) the process to return the lease
to a pastoral lease under the provisions of the draft bill;
(2) the status of the existing
Indigenous land use agreement; and
(3) the process for negotiating a new
Indigenous land use agreement for a rangelands lease?
AnswerView source ↗
I thank the member for some notice
of the question.
(1) The lessee
will need to make an application to change the tenure from a rangelands lease
to a pastoral lease. The change will require the surrender of the rangelands
lease and the grant of a new pastoral lease.
(2) If the
surrender of the rangelands lease and grant of a new pastoral lease over the
same land had been included in the Indigenous land use agreement that was
negotiated then, that ILUA would stand. If not, a new ILUA would be required to
be negotiated for the change of tenure back to pastoral lease.
(3) The process
for negotiating a new ILUA for a rangelands lease is set out in division 3,
subdivisions B and C of the Native Title Act 1993. An ILUA will be required for
the grant of a rangelands lease only if it falls within an area where native
title has been determined to exist or may exist.
of the question.
(1) The lessee
will need to make an application to change the tenure from a rangelands lease
to a pastoral lease. The change will require the surrender of the rangelands
lease and the grant of a new pastoral lease.
(2) If the
surrender of the rangelands lease and grant of a new pastoral lease over the
same land had been included in the Indigenous land use agreement that was
negotiated then, that ILUA would stand. If not, a new ILUA would be required to
be negotiated for the change of tenure back to pastoral lease.
(3) The process
for negotiating a new ILUA for a rangelands lease is set out in division 3,
subdivisions B and C of the Native Title Act 1993. An ILUA will be required for
the grant of a rangelands lease only if it falls within an area where native
title has been determined to exist or may exist.
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