Land Holding Act leases guide

Background to the Land Holding Act 2013

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:

• perpetual leases for residential purposes
• special leases for commercial purposes.

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.

Review of the 1985 Land Holding Act

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.

Land Holding Act 2013

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.

In this guide:

1. How we grant leases for approved applications
2. Conditions for existing leases
3. Invalid lease applications
4. Background to the Land Holding Act 2013

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