TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 42 Obligations of decision maker to ascertain compliance
TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 42
Obligations of decision maker to ascertain complianceIf, in the case of the grant of a particular public land authorisation over any agreement land, the person seeking the authorisation is required to comply with section 40, the decision maker must not decide to grant the authorisation unless—
(a) the decision maker has received a notice signed by the traditional owner group entity and the responsible person stating that an agreement that complies with section 51 has been reached; or
(b) in the case of the grant of an authorisation in respect of which VCAT has made a determination under Subdivision 2 of Division 4 that the authorisation should be granted, the decision maker has received a copy of the VCAT determination; or
(c) in the case of the grant of an authorisation in respect of which the Minister has made a determination under Subdivision 3 of Division 4 that the authorisation should be granted, the decision maker has received a copy of that determination.