More than 200 lease applications were lawfully approved under the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 but never finalised. The original applicants are entitled to be granted a lease.
All lease entitlement notices for all Aboriginal and Torres Strait Island communities have been published. If you think you have a lease entitlement and want to see if it’s been granted, check the published trust area notices.
If the original applicant is deceased, the lease entitlement may be granted to the beneficiaries of the deceased's estate. The lease may also be granted in the name of the deceased person so that it can be distributed following their wishes in their estate.
This guide explains:
If you need help working through this information, contact us.
Most lease entitlements have now been resolved and the leases granted. Check the published trust area notices to see the status of the entitlement.
If the lease entitlement notice shows ‘entitlement satisfied’, this means the lease has been granted.
If you want to get a copy of the lease document or a current title search, contact Titles Queensland to purchase a copy. For any other inquiries, contact the Indigenous Land Transfers and Leasing team on 13 74 68.
If you can’t find your lease on the lease entitlement notices, check with the trustee to see whether your application was deemed invalid because it wasn’t processed properly.
There are a number of decisions that you can appeal to the Land Court if you are unhappy with the outcome. These include decisions related to applications you made about a lease entitlement notice.
We may also apply to the Land Court for a decision to resolve obstacles to the grant of a lease if the affected parties are unable to reach agreement.
Similarly, in the case of a granted lease, if boundaries need to be relocated, we can apply to the Land Court for a decision.
For more information and the necessary forms visit the Land Court website.
If you need help working through this information, contact us.
Some of the leases granted under the 1985 Land Holding Act were perpetual leases, which means they have no end date. Under the newer 2013 Land Holding Act, these perpetual leases are protected and will continue.
In some circumstances, it may not be practical for an old lease to continue with the same boundaries. For example, part of a formed road may now exist over part of a lease area.
If your lease is affected, we’ll discuss options with you to change the boundary and make a proposal. The trustee will discuss the proposal and consult with you and anyone else affected.
If everyone agrees on new boundaries, the proposal will be referred to the Land Court.
If an agreement can’t be reached, the Minister for Resources may apply to the Land Court to relocate the lease boundary.
The minister will make sure a new survey plan is prepared to record Land Court’s decision and the lease’s new boundaries.
Compensation may be available. For more information visit the Land Court website.
If you need help working through this information, contact us.
Some approved applications made under the 1985 Land Holding Act were invalid because the statutory process was not followed properly. The 2013 Land Holding Act provides a pathway that may allow you to secure a valid lease arrangement.
This information applies to original applicants and beneficiaries of their estate.
If you believe you or your family have a lease entitlement and it is not listed on the lease entitlement notices for your community, contact the trustee to find out if you may have an invalid lease application, or contact us at indigenousland@resources.qld.gov.au
If your application was found to be invalid, you can apply for a hardship certificate. Complete and submit the application for a hardship certificate (PDF file, 112KB). Include any supporting documents you have.
We’ll grant a hardship certificate if:
If a hardship certificate has been granted, the applicant (or interested person in their estate) can then apply to the trustee for a 99-year home ownership lease. These leases are granted under the Aboriginal Land Act 1991 or Torres Strait Island Land Act 1991.
If the trustee approves the lease, the land must be valued at ‘nil’.
If you need help working through this information, contact us.
Under the then Aborigines and Torres Strait Islanders (Land Holding) Act 1985, residents of Indigenous deed of grant in trust and reserve communities could apply for:
These were known as the 1985 Land Holding Act leases or 'Katter' leases.
However, in 1991 the Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991 were introduced to Queensland Parliament as the new main legislation applying to Indigenous land.
The introduction of these Acts created issues for existing lease applications, and also meant that no new applications could be made.
In 2010, the Queensland Government began a review of the 1985 Land Holding Act. The review sought to address and resolve tenure issues arising from how the various pieces of legislation interacted.
Following the review and extensive consultation with stakeholders, the new legislation was developed.
The Aboriginal and Torres Strait Islander Land Holding Act 2013 was approved in the Queensland Parliament in February 2013, and was finalised in February 2014.
The 2013 Land Holding Act provides a way to resolve issues with leases that were never finalised under the 1985 Land Holding Act.
Where possible, the 2013 legislation also aligns with the Aboriginal Land Act 1991 and the Torres Strait Islander Land Act 1991.
Land Holding Act leases guide, 29 Aug 2023, [https://www.qld.gov.au/firstnations/environment-land-use-native-title/connecting-with-country/leasing-indigenous-land/old-lease-applications/guide]
This document is uncontrolled when printed. Before using the information in this document you should verify the current content on https://www.qld.gov.au/firstnations/environment-land-use-native-title/connecting-with-country/leasing-indigenous-land/old-lease-applications/guide.