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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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