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TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 51 Requirements as to agreement as to carrying out of land use activity

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 51

Requirements as to agreement as to carrying out of land use activity

    (1)     An agreement as to the carrying out of a land use activity under Division 3—

        (a)     must be in writing, signed by all parties to the agreement; and

        (b)     must be binding on all parties to it.

S. 51(2) amended by No. 4/2013 s. 20.

    (2)     If—

        (a)     the responsible person and the traditional owner group entity reach an agreement that complies with subsection (1); and

        (b)     the responsible person is not also the decision maker in relation to the activity—

the responsible person and the traditional owner group entity must give the decision maker a notice signed by the traditional owner group entity and the responsible person to the effect that an agreement that complies with subsection (1) has been reached.

    (3)     An agreement as to the carrying out of a land use activity under Division 3 must not make any provision for—

        (a)     the granting, amending or varying of a public land authorisation or an earth resource or infrastructure authorisation that is inconsistent with the Act under which the authorisation is being granted, amended or varied or any regulations or management plan made under that Act; or

        (b)     the carrying out of any other land use activity that is inconsistent with the Act under which the activity is being carried out or any regulations or management plan made under that Act.