Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 49

Procedure for acquisition

49. Procedure for acquisition



(1) For the purposes of the compulsory acquisition of native title rights and
interests in land, the Authority is authorised to comply with any relevant
procedure under the Native Title Act for a valid acquisition of those rights
and interests.

(2) If the procedure under section 24MD(6B) of the Native Title Act applies
and an objection is not made under paragraph (d) of that subsection within 2
months after notice is given under that subsection, the Authority may
compulsorily acquire the native title rights and interests.

(3) For the purposes of the application of the procedure under
section 24MD(6B) of the Native Title Act in relation to the compulsory
acquisition, the Tribunal is the independent body for hearing an objection
under section 24MD(6B)(f) and sections 50 and 51 apply.



(4) If an objection is made under section 24MD(6B)(d) of the Native Title Act
to a proposed compulsory acquisition of native title rights and interests, the
Authority may compulsorily acquire the native title rights and interests in
the land if-

   (a)  all those objections have been withdrawn; or

   (b)  within 5 months after notification under section 24MD(6B) of the
        Native Title Act of a proposed compulsory acquisition a request has
        not been made for the objection to be referred to the Tribunal.

(5) If an objection made under section 24MD(6B)(d) of the Native Title Act to
a proposed compulsory acquisition is referred to the Tribunal and a
determination is made that the proposed compulsory acquisition proceed, the
Authority, in accordance with the determination and subject to this Act, may
compulsorily acquire the native title rights and interests.

(6) If the Tribunal makes a determination that the proposed compulsory
acquisition not proceed, or proceed subject to conditions, the Authority must
comply with that determination except as permitted by subparagraphs (i), (ii)
and (iii) of section 24MD(6B)(g) of the Native Title Act.