Victorian Current Acts

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 40

    (1)     If a provision of a land use activity agreement specifies that the grant of any public land authorisation over any agreement land is a negotiation activity, any person who is seeking to be the holder of such an authorisation must reach agreement with the traditional owner group entity as to—

        (a)     the granting of the authorisation; and

        (b)     the conditions to which the agreement to grant the authorisation is subject, including the provision of community benefits, if any.

    (2)     In reaching agreement under subsection (1), regard must be had to the nature of the activity and its impact on the traditional owner rights of the traditional owner group.

    (3)     The person seeking the authorisation is not entitled to the grant of the authorisation until the person has complied with subsection (1) or VCAT or the Minister has determined under this Part that the authorisation may be granted.

    (4)     If a provision of a land use activity agreement specifies that the grant of any public land authorisation over any agreement land is an agreement activity, any person who is seeking to be the holder of such an authorisation must reach agreement with the traditional owner group entity as to—

        (a)     the granting of the authorisation; and

        (b)     the conditions to which the agreement to grant the authorisation is subject, including the provision of community benefits, if any.

    (5)     In reaching agreement under subsection (4), regard must be had to the nature of the activity and its impact on the traditional owner rights of the traditional owner group.

    (6)     The person seeking the authorisation is not entitled to the grant of the authorisation unless the person has complied with subsection (4).

    (7)     The provisions of this section have effect despite anything to the contrary in the Act or regulations under which the authorisation is being granted.

Notes

1     The processes set out in Division 4 of this Part apply to the granting of public land authorisations to which this section applies.

2     Section 32(3) provides that a land use activity agreement must not specify a land use activity as a negotiation activity, class B unless the activity is a limited land use activity or a significant land use activity. The provision also provides that a land use activity agreement must not specify a land use activity as a negotiation activity, class A or an agreement activity unless the activity is a significant land use activity.

S. 40A inserted by No. 4/2013 s. 19.