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TRADITIONAL OWNER SETTLEMENT ACT 2010 (NO. 62 OF 2010)


TABLE OF PROVISIONS

   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--Relationship with Indigenous Land Use 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  

           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  
   21.     Prescribed purposes  
   22.     Saving of leases etc.  
   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  
   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  
   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  
   47.     Requirements for approval of timber release plans  
   48.     Obligations of decision maker to ascertain compliance  

           Division 4--Negotiation and determination processes

              Subdivision 1--General
              Provisions

   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  
           Subdivision
           2--Negotiation Activities, Referral to VCAT
   53.     Application for VCAT determination  
   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  
           Subdivision
           3--Negotiation Activities, Ministerial Powers
   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  

           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

           Division 1--Definitions

   79.     Definitions  

           Division 2--Natural Resource Agreements

   80.     Power to enter into natural resource agreements  
   81.     Evidence of membership  

           Division 3--Natural Resource Authorisations

   82.     Natural resource flora and fauna authorisation  
   83.     Natural resource hunting authorisation  
   84.     Natural resource forest authorisation  
   85.     Natural resource water authorisation  
   86.     Natural resource camping authorisation  
   87.     Variation of terms and conditions on authorisation orders  
   88.     Land to which authorisation order does not apply  
   89.     Making, publication and commencement of authorisation order  
   90.     Period of authorisation order  

   PART 7--GENERAL

   91.     Regulation making powers  

   PART 8--AMENDMENT OF THE ABORIGINAL HERITAGE ACT 2006

   92.     Definitions  
   93.     Determination of application for registration  
   94.     Revocation of registration  

   PART 9--AMENDMENT OF THE CONSERVATION, FORESTS AND LANDS ACT 1987

   95.     Power to enter into land management co-operative agreements  
   96.     Amendment of definitions in Part 8A  
   97.     Insertion of new section to follow section 82A  
   98.     Establishment of Traditional Owner Land Management Board  
   99.     Insertion of new section 82BA  
   100.    Variation of role etc. of Board  
   101.    New section inserted after section 82F  
   102.    New section inserted after section 82G  
   103.    Functions of Traditional Owner Land Management Boards  
   104.    Appointment and dismissal of members  
   105.    Agreements as to the establishment of Traditional Owner Land Management Boards  
   106.    Insertion of new Division to follow Division 5 of Part 8A  
   107.    Delegation powers  
   108.    New section inserted after section 122  

   PART 10--AMENDMENT OF THE CROWN LAND (RESERVES) ACT 1978

   109.    Definitions  
   110.    New sections inserted after section 11  
   111.    Section 18B substituted  
   112.    New section inserted after section 20  

   PART 11--AMENDMENT OF THE FLORA AND FAUNA GUARANTEE ACT 1988

   113.    New section 48A inserted  
   114.    New section 52A inserted  

   PART 12--AMENDMENT OF THE FORESTS ACT 1958

   115.    Definitions  
   116.    Consequential repeal of definitions  
   117.    Insertion of new section after section 50  
   118.    Amendment of heading  
   119.    New section inserted after section 57  
   120.    New section 96C inserted  

   PART 13--AMENDMENT OF THE LAND ACT 1958

   121.    Definitions  
   122.    Consequential repeal of definitions  
   123.    New section inserted after section 4B  

   PART 14--AMENDMENT OF THE NATIONAL PARKS ACT 1975

   124.    Definitions  
   125.    Secretary may enter into management agreements  
   126.    New section inserted after section 16A  
   127.    Management plans  
   128.    Tabling of management plans  

   PART 15--AMENDMENT OF THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998

   129.    Insertion of new Part 19A in Schedule 1  

   PART 16--AMENDMENT OF THE WATER ACT 1989

   130.    Definitions  
   131.    New section 8A inserted  

   PART 17--AMENDMENT OF THE WILDLIFE ACT 1975

   132.    Definitions  
   133.    Management plans  
   134.    Repeal of section 18A(3)  
   135.    New section inserted after section 18A  
   136.    New section 47B inserted  

   PART 18--MISCELLANEOUS AMENDMENT OF OTHER ACTS

   137.    Amendment of the Alpine Resorts (Management) Act 1997, insertion of note  
   138.    Amendment of Geothermal Energy Resources Act 2005, insertion of note  
   139.    Amendment of the Greenhouse Gas Geological Sequestration Act 2008, insertion of note  
   140.    Amendment of Mineral Resources (Sustainable Development) Act 1990, insertion of notes  
   141.    Amendment of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, insertion of note  
   142.    Amendment of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, insertion of consequential amendment  
   143.    Amendment of the Petroleum (Submerged Lands) Act 1982, insertion of note  
   144.    Amendment of the Petroleum Act 1998, insertion of note  
   145.    Amendment of the Pipelines Act 2005, insertion of note  
   146.    Amendment of the Sustainable Forests (Timber) Act 2004, insertion of notes  

   PART 19--REPEAL OF AMENDING PARTS

   147.    Repeal of amending Parts  
           ENDNOTES


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