Victorian Current Acts

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TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 41

Decision maker may determine to undertake compliance in place of person seeking authorisation

    (1)     In the case of the grant of a particular public land authorisation over any agreement land, the decision maker may determine that he or she is to be responsible, in place of the person seeking the authorisation, for complying with those requirements of section 40(1)(a) or (b) or section 40(4)(a) or (b) that are specified by the decision maker in the determination.

    (2)     A decision maker must not make a determination under subsection (1) unless the decision maker is satisfied that it is in the interests of the State or the area in which the authorisation is being issued for the decision maker to do so.

    (3)     A determination made under subsection (1) must—

        (a)     be made by instrument published in the Government Gazette; and

        (b)     specify the requirements that he or she is to be responsible for complying with.

    (4)     The Minister may make guidelines about the making of determinations under this section.

    (5)     Guidelines made by the Minister under subsection (4) must be published in the Government Gazette and on the Department's website.



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