TRADITIONAL OWNER SETTLEMENT ACT 2010
Table of Provisions
PART 1--PRELIMINARY
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
- 27 Definitions
- 28 Definition of land use activity
- 29 Definition of decision maker
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