TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 46 Requirements for persons seeking alienation of land
TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 46
Requirements for persons seeking alienation of land(1) If a decision maker proposes to alienate any agreement land by the granting of an estate in fee simple in the land and that alienation is specified as a negotiation activity in the land use activity agreement, the decision maker must reach agreement with the traditional owner group entity as to—
(a) the alienation of the land; and
(b) the conditions to which the agreement to alienate the land is subject, including the provision of community benefits, if any.
Note
In this section the decision maker is the Minister responsible for the administration of the provision under which the land may be alienated by the grant of the estate, see the definition of decision maker .
(2) In reaching agreement under subsection (1), regard must be had to the nature of the activity and its impact on the traditional owner rights of the traditional owner group.
(3) The decision maker must ensure that the alienation of the land does not take place until the decision maker has complied with subsection (1) or VCAT or the Minister has determined under this Part that the alienation may take place.
(4) If a decision maker proposes to alienate any agreement land by the granting of an estate in fee simple in the land and that alienation is specified as an agreement activity in the land use activity agreement, the decision maker must reach agreement with the traditional owner group entity as to—
(a) the alienation of the land; and
(b) the conditions to which the agreement to alienate the land is subject, including the provision of community benefits, if any.
(5) In reaching agreement under subsection (4), regard must be had to the nature of the activity and its impact on the traditional owner rights of the traditional owner group.
(6) The decision maker must ensure that the alienation does not take place until the decision maker has complied with subsection (4).
(7) The provisions of this section have effect despite anything to the contrary in the Act or regulations under which the alienation of the land is being carried out.
Notes
1 The processes set out in Division 4 of this Part apply to the alienation of land to which this section applies.
2 Section 32(3) provides that a land use activity agreement must not specify a land use activity as a negotiation activity, class B unless the activity is a limited land use activity or a significant land use activity. The provision also provides that a land use activity agreement must not specify a land use activity as a negotiation activity, class A or an agreement activity unless the activity is a significant land use activity.
S. 47 (Heading) substituted by No. 42/2013 s. 38(1).