Victorian Numbered Acts

TRADITIONAL OWNER SETTLEMENT AMENDMENT ACT 2016 (NO. 67 OF 2016) - SECT 28

    (1)     After section 3C of the Crown Land (Reserves) Act 1978 insert —

        " 3D     Traditional owner agreement for natural resources

If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010 , any provision of this Act that provides for an offence for carrying out an agreed activity does not apply to a member of the traditional owner group—

        (a)     who is bound by the agreement; and

        (b)     who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.".

    (2)     After section 34 of the Crown Land (Reserves) Act 1978 insert —

        " 34A     Transitional provision—Traditional Owner Settlement Amendment Act 2016

    (1)     If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010 , section 13(5) and (6), as in force immediately before the commencement of section 9(6) of the Crown Land Legislation Amendment Act 2016 , do not apply to the carrying out of an activity that would be a contravention of a saved regulation if—

        (a)     the activity is an agreed activity that is being carried out by a member of the traditional owner group who is bound by the agreement; and

        (b)     the member of the traditional owner group is carrying out the agreed activity in accordance with the agreement and on land to which the agreement applies; and

        (c)     the saved regulation is not for the purpose of—

              (i)     ensuring public safety; or

              (ii)     prohibiting public access to an area of land in order to manage the land.

    (2)     In this section—

"saved regulation" means a regulation to which section 34 applies.".