TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 47 Requirements for publication of notice of proposed timber release plans

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 47

S. 47(1) substituted by No. 42/2013 s. 38(2).

    (1)     If a provision of a land use activity agreement specifies that the publication of a notice under section 41 of the Sustainable Forests (Timber) Act 2004 is a negotiation activity in the land use activity agreement, VicForests must reach agreement with the traditional owner group entity as to—

        (a)     the publication of the notice; and

        (b)     the conditions to which the agreement to publish the notice is subject, including the provision of community benefits, if any.

    (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.

S. 47(3) substituted by No. 42/2013 s. 38(3).

    (3)     VicForests is not entitled to publish the notice until VicForests has complied with subsection (1) or VCAT or the Minister has determined under this Part that the notice should be published.

    (4)     The provisions of this section have effect despite anything to the contrary in the Sustainable Forests (Timber) Act 2004 .

Notes

1     The processes set out in Division 4 of this Part apply to the giving of approval 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. 48 amended by No. 29/2011 s. 3(Sch. 1 item 96.3), substituted by No. 42/2013 s. 39.