Victorian Numbered Acts

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MITCHAM-FRANKSTON PROJECT ACT 2004 (NO 39 OF 2004) - SECT 51

Determination of Tribunal on objection

    (1)     The Tribunal may make any of the following determinations in respect of an objection referred to it under section 50

        (a)     a determination that the proposed compulsory acquisition that is the subject of the objection proceed; or

        (b)     a determination that the proposed compulsory acquisition proceed subject to conditions; or

        (c)     a determination that the proposed compulsory acquisition not proceed.

    (2)     In making a determination, the Tribunal must take into account—

        (a)     the likely impact of the proposed compulsory acquisition on the objector's registered native title rights and interests; and

        (b)     the measures proposed to be taken to minimise that impact.

    (3)     For the avoidance of doubt, a determination is not an order of the Tribunal for the purposes of the Victorian Civil and Administrative Tribunal Act 1998 .

    Note:     Compare section 79 of the Native Title Act.



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