TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 56 Matters VCAT must take into account in making determination

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 56

    (1)     In making a determination under section 54 or 55, VCAT must have regard to—

        (a)     any submissions made by the traditional owner group entity and the responsible person;

        (b)     the impact of the proposed activity on traditional owner rights of the traditional owner group, which may include—

              (i)     any effect on the environment which may have such an impact;

              (ii)     whether the proposed activity is to take place on, above or below the surface of the land;

        (c)     the economic impacts of the proposed activity;

        (d)     the reasonableness of any offer made by the responsible person as to the provision of community benefits.

    (2)     In making a determination under section 54 or 55, VCAT must not have regard to aboriginal cultural heritage within the meaning of the Aboriginal Heritage Act 2006 .