Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 51

Determination of Tribunal on objection

51. Determination of Tribunal on objection



(1) The Tribunal may make any of the following determinations in respect of an
objection referred to it under section 50-

   (a)  a determination that the proposed compulsory acquisition that is the
        subject of the objection proceed; or

   (b)  a determination that the proposed compulsory acquisition proceed
        subject to conditions; or

   (c)  a determination that the proposed compulsory acquisition not proceed.

(2) In making a determination, the Tribunal must take into account-

   (a)  the likely impact of the proposed compulsory acquisition on the
        objector's registered native title rights and interests; and

   (b)  the measures proposed to be taken to minimise that impact.

(3) For the avoidance of doubt, a determination is not an order of the
Tribunal for the purposes of the
Victorian Civil and Administrative Tribunal Act 1998.

Note Compare section 79 of the Native Title Act.