Victorian Current Acts

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 30

    (1)     The Minister, on behalf of the State, may enter into an agreement with a traditional owner group entity for the whole or any part of the land that is the subject of the recognition and settlement agreement as to the carrying out of land use activities on or in relation to that land.

    (2)     A land use activity agreement 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;

        (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.

    (3)     The Minister must not enter into a land use activity agreement unless, if the agreement is to list—

        (a)     any public land authorisation or earth resource or infrastructure authorisation, the consent of the Minister administering the provision of the Act under which the authorisation may be granted has first been obtained; and

        (b)     a land use activity specified in paragraph (c), (d), (e) or (f) of the definition of "land use activity", the consent of the Minister administering the Act under which the land is managed has first been obtained; and

        (c)     a land use activity specified in paragraph (g) of the definition of "land use activity", the consent of the Minister administering Division 6 of Part I of the Land Act 1958 has first been obtained.

    (4)     The Minister must not enter into a land use activity agreement unless the Minister is satisfied—

S. 30(4)(a) substituted by No. 4/2013 s. 13.

        (a)     that the agreement forms part of a settlement package that includes an indigenous land use agreement capable of being registered under section 24BI, 24CK or 24CL of the Native Title Act; or

        (b)     that the Federal Court has determined that native title does not exist in relation to the land that is the subject of the agreement.