TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 29 Definition of decision maker
TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 29
Definition of decision makerIn this Act "decision maker" means—
S. 29(a) substituted by No. 4/2013 s. 12(1).
(a) in relation to the granting of a public land authorisation over the land—
(i) if the authorisation is a Carbon Sequestration Agreement under section 45 of the Climate Change Act 2010 , the Secretary within the meaning of that section; or
(ii) if the authorisation is a licence under Division 2 of Part 5 of the Water Act 1989 to construct any works on a waterway or bore, the Minister responsible for administering section 67 of that Act; or
(iii) in any other case, the person or body authorised by the Act under which the land is managed, or regulations made under that Act, to grant the authorisation;
(b) in relation to the granting of an earth resource or infrastructure authorisation in respect of the land, the person authorised to grant the authorisation by the Act under which the authorisation is granted or the regulations under which the authorisation is granted;
(c) in relation to the clearing of public land, the planned controlled burning of public land, the carrying out of works on public land and the revegetation of public land, the person or body responsible under the Act under which the land is managed for the management of the land;
(d) in relation to the alienation of land under the Land Act 1958 by the granting of an estate in fee simple, the Minister responsible for the administration of the provision under which the land may be alienated by the grant of the estate;
(e) in relation to the reservation of land under the Crown Land (Reserves) Act 1978 or the revocation of any reservation of land under the Crown Land (Reserves) Act 1978 , the Minister administering section 4 of that Act;
S. 29(f) substituted by No. 42/2013 s. 37.
(f) in relation to—
(i) the publication of a notice under section 41 of the Sustainable Forests (Timber) Act 2004 , VicForests;
(ii) the publication of a notice under section 43 of the Sustainable Forests (Timber) Act 2004 , VicForests;
(g) in relation to the declaration of a management plan under section 28 of the Fisheries Act 1995 , the Minister responsible for making the declaration under the Fisheries Act 1995 ;
S. 29(ga) inserted by No. 4/2013 s. 12(2), amended by No. 68/2016 s. 173.
(ga) in relation to the issuing of an access licence under section 38 of the Fisheries Act 1995 , the Victorian Fisheries Authority, within the meaning of that section;
S. 29(gb) inserted by No. 4/2013 s. 12(2), amended by No. 68/2016 s. 173.
(gb) in relation to the issuing of an aquaculture licence under section 43 of the Fisheries Act 1995 , the Victorian Fisheries Authority, within the meaning of that section;
S. 29(gc) inserted by No. 4/2013 s. 12(2), amended by No. 68/2016 s. 173.
(gc) in relation to the issuing of a general permit under section 49 of the Fisheries Act 1995 , the Victorian Fisheries Authority, within the meaning of that section;
S. 29(h) amended by No. 19/2018 s. 250(3).
(h) in relation to the preparation of a management plan under section 17, 17B, 17D or 18 of the National Parks Act 1975 , Parks Victoria within the meaning of those sections;
S. 29(i) amended by No. 19/2018 s. 250(4).
(i) in relation to the preparation of a management plan under section 18 of the Wildlife Act 1975 , the land manager within the meaning of section 3 of the Wildlife Act 1975 ;
S. 29(ia) inserted by No. 4/2013 s. 12(3).
(ia) in relation to the classification of a State Wildlife Reserve under section 15 of the Wildlife Act 1975 , the Minister administering that section;
S. 29(j) amended by Nos 4/2013 s. 12(4), 19/2018 s. 250(5).
(j) in relation to the preparation of a working plan for Wildlife Management Co-operative Areas under section 32 of the Wildlife 1975 , the land manager within the meaning of section 3 of the Wildlife Act 1975 ;
S. 29(ja) inserted by No. 19/2018 s. 250(6).
(ja) in relation to the making of a land management plan under section 46 of the Parks Victoria Act 2018 , Parks Victoria;
S. 29(k) inserted by No. 4/2013 s. 12(5), amended by No. 26/2018 s. 98(3).
(k) in relation to the preparation of a coastal and marine management plan under Division 1 of Part 7 of the Marine and Coastal Act 2018 , the Secretary or committee of management responsible for the preparation of the plan;
S. 29(l) inserted by No. 4/2013 s. 12(5).
(l) in relation to the preparation of a draft management plan under section 31 of the Water Act 1989 , the Minister or consultative committee responsible for the preparation of the plan;
S. 29(m) inserted by No. 4/2013 s. 12(5).
(m) in relation to the preparation of a working plan under section 22 of the Forests Act 1958 , the Secretary, within the meaning of that section;
S. 29(n) inserted by No. 4/2013 s. 12(5).
(n) in relation to a dedication under section 45 of the Forests Act 1958 , the Minister administering that section;
S. 29(o) inserted by No. 4/2013 s. 12(5).
(o) in relation to the excision of land from a reserved forest under section 49 of the Forests Act 1958 , the Minister administering that section;
S. 29(p) inserted by No. 4/2013 s. 12(5).
(p) in relation to a setting aside and declaration of land under section 50(1) of the Forests Act 1958 or the revocation or variation of a declaration under that section, the Minister administering that section;
S. 29(q) inserted by No. 4/2013 s. 12(5), amended by No. 49/2017 s. 87(1).
(q) in relation to a proclamation that land is protected forest under section 58 of the Forests Act 1958 or the alteration or variation of a proclamation under that section, the Minister administering that section;
S. 29(r) inserted by No. 49/2017 s. 87(2), amended by No. 17/2018 s. 24(1).
(r) in relation to the preparation of a Yarra Strategic Plan under Part 4 of the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 , the lead agency responsible for the preparation of the plan;
S. 29(s) inserted by No. 17/2018 s. 24(2), amended by No. 19/2020 s. 106(1).
(s) in relation to the preparation of a Statement of Planning Policy under Part 3AAB of the Planning and Environment Act 1987 , the Minister responsible for the preparation of the Statement;
S. 29(t) inserted by No. 19/2020 s. 106(2).
(t) in relation to the preparation of a Great Ocean Road strategic framework plan under Part 4 of the Great Ocean Road and Environs Protection Act 2020 , the Minister responsible for the preparation of the plan.
Division 2—Land use activity agreements