TRADITIONAL OWNER SETTLEMENT ACT 2010

TRADITIONAL OWNER SETTLEMENT ACT 2010

TABLE OF PROVISIONS

           Preamble

   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

   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  

   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