Victorian Numbered Acts

TRADITIONAL OWNER SETTLEMENT AMENDMENT ACT 2016 (NO. 67 OF 2016) - SECT 10

For section 22 of the Principal Act substitute —

        "     22     Saving pre-existing statutory authorities

    (1)     The making of a grant of aboriginal title in land under section 19 does not affect any statutory authority that was issued, granted or given over the land and that was in force immediately before the making of the grant of aboriginal title.

    (2)     A statutory authority to which subsection (1) applies is taken to continue in force on and from the making of the grant of aboriginal title as if—

        (a)     even though aboriginal title is granted, the person or body who granted the statutory authority continues to have the authority to grant the statutory authority; and

        (b)     the statutory authority is subject to the same terms and conditions as those that applied to it immediately before the grant of aboriginal title.

    (3)     In this section—

"statutory authority" means any of the following—

        (a)     a lease, licence or permit that was issued or granted under any Act or regulations made under any Act;

        (b)     any other type of authority or consent (however described) that was given under any Act or regulations made under any Act.

        22A     Saving pre-existing contracts and other arrangements

    (1)     The making of a grant of aboriginal title in land under section 19 does not affect any contract, agreement or arrangement relating to the management of the land that was in force immediately before the making of the grant.

    (2)     A contract, agreement or arrangement to which subsection (1) applies is taken to continue in force on and from the making of the grant of aboriginal title as if—

        (a)     even though aboriginal title is granted, the parties to the contract, agreement or arrangement are the same parties as those that were the parties to the contract, agreement or arrangement immediately before the grant of aboriginal title; and

        (b)     the contract, agreement or arrangement is subject to the same terms and conditions as those that applied to it immediately before the grant of aboriginal title.".