Victorian Numbered Acts Victorian Numbered ActsAfter section 57 of the Principal Act insert —
(1) Either or both of a traditional owner group entity and a responsible person may apply to VCAT for a determination that the responsible person or traditional owner group entity (as the case requires) has not complied with section 50 for the purposes of reaching agreement as to the carrying out of a land use activity that is specified in the agreement as a negotiation activity.
(2) An application must not be made under subsection (1) after the day that is 8 months after the notice date for the negotiation without leave of VCAT.
(3) An application under subsection (1) may be made in relation to more than one activity.
(1) On application under section 57A, VCAT must determine whether or not the responsible person or traditional owner group entity about whom the application is made has complied with section 50 for the purposes of reaching agreement as to the carrying out of the land use activity.
(2) If VCAT determines under subsection (1) that the responsible person has not complied with section 50, the responsible person must not proceed with the land use activity unless—
(a) the responsible person notifies the traditional owner group entity that the responsible person still proposes to carry out that activity; and
(b) the responsible person and the traditional owner group entity reach agreement under Division 3 as to the carrying out of the activity.
(3) If VCAT determines under subsection (1) that the responsible person has not complied with section 50 and the traditional owner group entity and the responsible person do not reach agreement under Division 3 as to the carrying out of the activity, the traditional owner group entity may apply under section 53(1) to VCAT for a determination under section 54 or 55.
(4) Section 49(2) applies to a notice required under subsection (2)(a) as if that notice were required under section 49(1).
(5) Sections 50, 51 and 52 apply to an agreement referred to in subsection (2)(b) as if that agreement were an agreement referred to in section 50(1).
(6) If VCAT determines under subsection (1) that a traditional owner group entity has not complied with section 50—
(a) the responsible person is not liable under section 52(1) to pay the reasonable costs of negotiating under section 50; and
(b) the responsible person may apply under section 53(1) to VCAT for a determination under section 54 or 55.
(1) On application under subsection (2), VCAT may determine that a land use activity set out in a land use activity agreement should be specified as—
(a) a routine activity; or
(b) an advisory activity; or
(c) a negotiation activity, class A; or
(d) a negotiation activity, class B; or
(e) an agreement activity.
(2) Either or both of a traditional owner group entity and a responsible person may apply for a determination under subsection (2).
(3) An application under subsection (1) may be made in relation to more than one activity.
(1) On application under subsection (3), VCAT may determine that the reasonable costs of negotiating under section 50 have not been correctly calculated in accordance with regulations made under this Act.
(2) If VCAT determines that the costs have not been correctly calculated, VCAT may determine the amount of costs that is liable to be paid to the traditional owner group entity under the regulations.
(3) Either or both of a traditional owner group entity and the responsible person may apply to VCAT for a determination under subsection (1).".