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TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 32 Listing and classification of land use activities to which agreement applies

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 32

Listing and classification of land use activities to which agreement applies

    (1)     A land use activity agreement must specifically list the land use activities, the carrying out of which is subject to the agreement.

    (2)     A land use activity agreement must specify—

        (a)     which of the land use activities set out in the agreement are routine activities;

        (b)     which of the land use activities set out in the agreement are advisory activities;

        (c)     which of the land use activities set out in the agreement are negotiation activities and which of these are negotiation activities, class A and which of these are negotiation activities, class B;

        (d)     which of the land use activities set out in the agreement are agreement activities.

    (3)     A land use activity agreement must not specify a land use activity as a—

        (a)     negotiation activity, class B unless that activity is—

              (i)     a limited land use activity; or

              (ii)     a significant land use activity;

S. 32(3)(b) amended by No. 67/2016 s. 13(1).

        (b)     negotiation activity, class A or an agreement activity unless that activity is a significant land use activity.

S. 32(3A) inserted by No. 4/2013 s. 16, amended by No. 67/2016 s. 13(2).

    (3A)     A land use activity agreement must not specify a land use activity as a negotiation activity or an agreement activity if that activity is to be carried out on any land that is within the boundaries of an alpine resort.

    (4)     A land use activity agreement may specify that any land use activity or any class of land use activity that is consistent with a joint management plan for the land is not subject to the agreement.

    (5)     A land use activity agreement may specify that a land use activity that is for the same activity that is a proposal to which Subdivision P of Division 3 of Part 2 of the Native Title Act applies is not subject to the agreement.