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TRADITIONAL OWNER SETTLEMENT ACT 2010
TABLE OF PROVISIONS
Preamble
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
PART 2--RECOGNITION AND SETTLEMENT AGREEMENTS
Division 1--Recognition and settlement agreements
4. Minister may enter into recognition and settlement agreements
5. Land agreements in recognition and settlement agreements
6. Land use activity agreements in recognition and settlement agreements
7. Funding agreements in recognition and settlement agreements
8. Natural resource agreements in recognition and settlement agreements
9. Recognition of traditional owner rights
Division 2--General provisions for recognition and settlement agreements
10. Relationship with indigenous land use agreements
PART 3--LAND PROVISIONS
Division 1--Definitions
11. Definitions
Division 2--Land agreements
12. Land agreements
Division 3--Grant of estate in land
13. Minister to recommend grant of land
14. Grant of land by Governor in Council
15. Reservations, exceptions and conditions which may be imposed on grant
16. Registrar to make necessary amendments
17. Effect of granting of estate in land
17A. Native title rights not affected
Division 4--Grant of aboriginal title
18. Minister to recommend grant of land
19. Grant of aboriginal title
20. Transfer of rights to the State
22. Saving pre-existing statutory authorities
22A. Saving pre-existing contracts and other arrangements
23. Requirements as to agreement under Part 8A of the Conservation, Forests and Lands Act 1987
24. Registrar to record caveat
25. Registrar to make necessary amendments
26. Division not affected by other Acts
PART 4--LAND USE ACTIVITIES
Division 1--Definitions
27. Definitions
28. Definition of land use activity
29. Definition of decision maker
Division 2--Land use activity agreements
30. Power to enter into an agreement as to land use activities
31. Requirements for land use activity agreements
31A. Conditions as to Aboriginal cultural heritage
32. Listing and classification of land use activities to which agreement applies
33. Specification of activities as routine activities
34. Ministerial direction as to advisory activities
35. Requirement to comply with directions
36. Effect of direction
37. Process as to multiple activities
38. Variation of agreements
39. Application in emergency situations
Division 3--Particular requirements for negotiation and agreement activities
40. Requirements for person seeking public land authorisation
40A. Conditions as to community benefits
41. Decision maker may determine to undertake compliance in place of person seeking authorisation
42. Obligations of decision maker to ascertain compliance
43. Requirements for earth resource or infrastructure authorisations
44. Obligations of decision maker to ascertain compliance
45. Requirements for clearing of land, carrying out of works
46. Requirements for persons seeking alienation of land
Division 4--Negotiation and determination processes
49. Responsible person to notify traditional owner group entity
50. Requirement to negotiate in good faith
51. Requirements as to agreement as to carrying out of land use activity
52. Fees for costs of negotiating
53. Application for VCAT determination—land use activities
54. VCAT determination, negotiation activities, class A
55. VCAT determination, negotiation activities, class B
56. Matters VCAT must take into account in making determination
57. Effect of VCAT determination as to conditions
57A. Application for VCAT determination—negotiation in good faith
57B. VCAT determination, negotiation in good faith
57C. VCAT determination—classification of land use activity
57D. VCAT determination—reasonable costs
58. Report to Minister where determination not made in specified time
59. Minister may request determination in urgent cases
60. Minister may make determination
61. Notice by Minister to VCAT
62. Notification to parties
63. Procedure for determining matter
64. Matters to be taken into account
65. Notice of Ministerial determination and stay of VCAT determination
66. Power of Minister to substitute determination
66A. Application for enforcement order
66B. Enforcement orders
66C. VCAT may notify persons of applications for enforcement orders
66D. Submissions on enforcement order
66E. Application for interim enforcement order
66F. Interim enforcement orders
66G. Opportunity to be heard on making of interim enforcement order
66H. Amendment or cancellation of enforcement order or interim enforcement order
66I. Date on which interim enforcement order ceases to have effect
Division 5--Register of land use activity agreements
67. Land use activity agreement register
68. Employment of registrar of land use activity agreements
69. Staff of the registrar
70. Delegation
71. Registrar to maintain register
72. Registration of land use activity agreements
73. Coming into effect of agreement
74. Information that is recorded on the register
75. Information that is available from the register
76. Right to search the register
77. Evidentiary provisions
PART 5--FUNDING AGREEMENTS
78. Power to enter into funding agreement
PART 6--NATURAL RESOURCE AGREEMENTS AND RELATED AGREEMENTS
Division 1--Definitions
79. Definitions
Division 2--Natural resource agreements
80. Power to enter into natural resource agreements
80A. Consent of Ministers to natural resource agreements
80B. Binding effect of natural resource agreements and other agreements under this Part
80C. Subsidiary decision making powers under natural resource agreements
80D. Temporary suspension of part of natural resource agreement
80E. Steps to be taken before making suspension
80F. Delegation
81. Evidence of membership
Division 2A--Traditional owner land natural resource agreements
81A. Power to enter into natural resource agreements for land owned by traditional owners
81B. Subsidiary decision making powers under agreements under section 81A
81C. Application of provisions to agreements under section 81A
81D. Consent required for carrying out of activity
Division 3--Agreed activities
82. Agreed activities
83. Agreement may specify scope of agreed activity
84. Purposes for which agreed activity may be carried out
85. Camping
86. Property in forest produce
PART 7--GENERAL
91. Regulation making powers
PART 8--TRANSITIONAL PROVISIONS, TRADITIONALOWNER SETTLEMENT AMENDMENT ACT 2016
92. Definition
93. Transitional provision for aboriginal title land
94. Land use activity agreements
95. Transitional provision for existing natural resource agreements
96. Transitional provision for authorisation orders
ENDNOTES
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