Victorian Current Acts

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TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 50

Requirement to negotiate in good faith

    (1)     For the purposes of reaching agreement under Division 3 as to the carrying out of the activity, the responsible person and the traditional owner group entity must negotiate with each other in good faith.

    (2)     For the purposes of subsection (1)—

        (a)     a refusal to negotiate about matters that are not related to the impact on the traditional owner rights of the proposed land use activity; or

        (b)     a refusal to negotiate about aboriginal cultural heritage within the meaning of the Aboriginal Heritage Act 2006

is not a failure to negotiate in good faith.



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