TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 44 Obligations of decision maker to ascertain compliance

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 44

If, in the case of the grant of a particular earth resource or infrastructure authorisation over any agreement land, the person seeking the authorisation is required to comply with section 43, the decision maker must not decide to grant the earth resource or infrastructure authorisation unless—

        (a)     the decision maker has received a notice signed by the traditional owner group entity and the responsible person stating that 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 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 be granted, the decision maker has received a copy of that determination.