TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 57B VCAT determination, negotiation in good faith

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 57B

    (1)     On application under section 57A, VCAT must determine whether or not the responsible person or traditional owner group entity about whom the application is made has complied with section 50 for the purposes of reaching agreement as to the carrying out of the land use activity.

    (2)     If VCAT determines under subsection (1) that the responsible person has not complied with section 50, the responsible person must not proceed with the land use activity unless—

        (a)     the responsible person notifies the traditional owner group entity that the responsible person still proposes to carry out that activity; and

        (b)     the responsible person and the traditional owner group entity reach agreement under Division 3 as to the carrying out of the activity.

    (3)     If VCAT determines under subsection (1) that the responsible person has not complied with section 50 and the traditional owner group entity and the responsible person do not reach agreement under Division 3 as to the carrying out of the activity, the traditional owner group entity may apply under section 53(1) to VCAT for a determination under section 54 or 55.

    (4)     Section 49(2) applies to a notice required under subsection (2)(a) as if that notice were required under section 49(1).

    (5)     Sections 50, 51 and 52 apply to an agreement referred to in subsection (2)(b) as if that agreement were an agreement referred to in section 50(1).

    (6)     If VCAT determines under subsection (1) that a traditional owner group entity has not complied with section 50—

        (a)     the responsible person is not liable under section 52(1) to pay the reasonable costs of negotiating under  section 50; and

        (b)     the responsible person may apply under  section 53(1) to VCAT for a determination under section 54 or 55.

S. 57C inserted by No. 67/2016 s. 16.