TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 54 VCAT determination, negotiation activities, class A

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 54

S. 54(1) amended by No. 29/2011 s. 3(Sch. 1 item 96.4(a)).

    (1)     On application under section 53, in relation to an activity that is a negotiation activity, class A, VCAT may determine—

S. 54(1)(a) amended by No. 29/2011 s. 3(Sch. 1 item 96.4(b)).

        (a)     where the activity is the grant of a public land authorisation or an earth resource or infrastructure authorisation that the granting of the authorisation may or may not proceed; or

        (b)     where the activity is the clearing of land or the carrying out of works on land that the clearing or carrying out of works may or may not proceed; or

        (c)     where the activity is the alienation of land by the Crown by the granting of an estate in fee simple in the land that the alienation may or may not proceed.

    (2)     If VCAT is satisfied that the land use activity will not substantially impact on the traditional owner rights of the traditional owner group, VCAT must determine that the land use activity may proceed.

    (3)     If VCAT determines that an activity may proceed under subsection (1), VCAT may determine whether a community benefit payment must be made to the traditional owner group entity.

    (4)     If VCAT determines that a community benefit payment must be made under subsection (3), VCAT must determine the amount of the payment.

    (5)     If VCAT determines that an activity may proceed, VCAT may determine that the activity is to proceed subject to any conditions that VCAT determines being complied with by the responsible person and the traditional owner group entity.

    (6)     In making a determination under this section, VCAT must not provide for any matter dealt with under the Aboriginal Heritage Act 2006 .