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TRADITIONAL OWNER SETTLEMENT ACT 2010

Table of Provisions

PART 1--PRELIMINARY

  • 1 Purposes  
  • 2 Commencement  
  • 3 Definitions  

PART 2--RECOGNITION AND SETTLEMENT AGREEMENTS

Division 1--Recognition and settlement agreements

  • 4 Minister may enter into recognition and settlement agreements  
  • 5 Land agreements in recognition and settlement agreements  
  • 6 Land use activity agreements in recognition and settlement agreements  
  • 7 Funding agreements in recognition and settlement agreements  
  • 8 Natural resource agreements in recognition and settlement agreements  
  • 9 Recognition of traditional owner rights  

Division 2--General provisions for recognition and settlement agreements

  • 10 Relationship with indigenous land use agreements  

PART 3--LAND PROVISIONS

Division 1--Definitions

  • 11 Definitions  

Division 2--Land agreements

  • 12 Land agreements  

Division 3--Grant of estate in land

  • 13 Minister to recommend grant of land  
  • 14 Grant of land by Governor in Council  
  • 15 Reservations, exceptions and conditions which may be imposed on grant  
  • 16 Registrar to make necessary amendments  
  • 17 Effect of granting of estate in land  
  • 17A Native title rights not affected  

Division 4--Grant of aboriginal title

  • 18 Minister to recommend grant of land  
  • 19 Grant of aboriginal title  
  • 20 Transfer of rights to the State  
  • 22 Saving pre-existing statutory authorities  
  • 22A Saving pre-existing contracts and other arrangements  
  • 23 Requirements as to agreement under Part 8A of the Conservation, Forests and Lands Act 1987  
  • 24 Registrar to record caveat  
  • 25 Registrar to make necessary amendments  
  • 26 Division not affected by other Acts  

PART 4--LAND USE ACTIVITIES

Division 1--Definitions

Division 2--Land use activity agreements

  • 30 Power to enter into an agreement as to land use activities  
  • 31 Requirements for land use activity agreements  
  • 31A Conditions as to Aboriginal cultural heritage  
  • 32 Listing and classification of land use activities to which agreement applies  
  • 33 Specification of activities as routine activities  
  • 34 Ministerial direction as to advisory activities  
  • 35 Requirement to comply with directions  
  • 36 Effect of direction  
  • 37 Process as to multiple activities  
  • 38 Variation of agreements  
  • 39 Application in emergency situations  

Division 3--Particular requirements for negotiation and agreement activities

  • 40 Requirements for person seeking public land authorisation  
  • 40A Conditions as to community benefits  
  • 41 Decision maker may determine to undertake compliance in place of person seeking authorisation  
  • 42 Obligations of decision maker to ascertain compliance  
  • 43 Requirements for earth resource or infrastructure authorisations  
  • 44 Obligations of decision maker to ascertain compliance  
  • 45 Requirements for clearing of land, carrying out of works  
  • 46 Requirements for persons seeking alienation of land  
  • 47 Requirements for publication of notice of proposed timber release plans  
  • 48 Obligations of decision maker to ascertain compliance  

Division 4--Negotiation and determination processes

  • 49 Responsible person to notify traditional owner group entity  
  • 50 Requirement to negotiate in good faith  
  • 51 Requirements as to agreement as to carrying out of land use activity  
  • 52 Fees for costs of negotiating  
  • 53 Application for VCAT determination—land use activities  
  • 54 VCAT determination, negotiation activities, class A  
  • 55 VCAT determination, negotiation activities, class B  
  • 56 Matters VCAT must take into account in making determination  
  • 57 Effect of VCAT determination as to conditions  
  • 57A Application for VCAT determination—negotiation in good faith  
  • 57B VCAT determination, negotiation in good faith  
  • 57C VCAT determination—classification of land use activity  
  • 57D VCAT determination—reasonable costs  
  • 58 Report to Minister where determination not made in specified time  
  • 59 Minister may request determination in urgent cases  
  • 60 Minister may make determination  
  • 61 Notice by Minister to VCAT  
  • 62 Notification to parties  
  • 63 Procedure for determining matter  
  • 64 Matters to be taken into account  
  • 65 Notice of Ministerial determination and stay of VCAT determination  
  • 66 Power of Minister to substitute determination  
  • 66A Application for enforcement order  
  • 66B Enforcement orders  
  • 66C VCAT may notify persons of applications for enforcement orders  
  • 66D Submissions on enforcement order  
  • 66E Application for interim enforcement order  
  • 66F Interim enforcement orders  
  • 66G Opportunity to be heard on making of interim enforcement order  
  • 66H Amendment or cancellation of enforcement order or interim enforcement order  
  • 66I Date on which interim enforcement order ceases to have effect  

Division 5--Register of land use activity agreements

  • 67 Land use activity agreement register  
  • 68 Employment of registrar of land use activity agreements  
  • 69 Staff of the registrar  
  • 70 Delegation  
  • 71 Registrar to maintain register  
  • 72 Registration of land use activity agreements  
  • 73 Coming into effect of agreement  
  • 74 Information that is recorded on the register  
  • 75 Information that is available from the register  
  • 76 Right to search the register  
  • 77 Evidentiary provisions  

PART 5--FUNDING AGREEMENTS

  • 78 Power to enter into funding agreement  

PART 6--NATURAL RESOURCE AGREEMENTS AND RELATED AGREEMENTS

Division 1--Definitions

  • 79 Definitions  

Division 2--Natural resource agreements

  • 80 Power to enter into natural resource agreements  
  • 80A Consent of Ministers to natural resource agreements  
  • 80B Binding effect of natural resource agreements and other agreements under this Part  
  • 80C Subsidiary decision making powers under natural resource agreements  
  • 80D Temporary suspension of part of natural resource agreement  
  • 80E Steps to be taken before making suspension  
  • 80F Delegation  
  • 81 Evidence of membership  

Division 2A--Traditional owner land natural resource agreements

  • 81A Power to enter into natural resource agreements for land owned by traditional owners  
  • 81B Subsidiary decision making powers under agreements under section 81A  
  • 81C Application of provisions to agreements under section 81A  
  • 81D Consent required for carrying out of activity  

Division 3--Agreed activities

  • 82 Agreed activities  
  • 83 Agreement may specify scope of agreed activity  
  • 84 Purposes for which agreed activity may be carried out  
  • 85 Camping  
  • 86 Property in forest produce  

PART 7--GENERAL

  • 91 Regulation making powers  

PART 8--TRANSITIONAL PROVISIONS, TRADITIONALOWNER SETTLEMENT AMENDMENT ACT 2016

  • 92 Definition  
  • 93 Transitional provision for aboriginal title land  
  • 94 Land use activity agreements  
  • 95 Transitional provision for existing natural resource agreements  
  • 96 Transitional provision for authorisation orders  
  • ENDNOTES

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