Traditional Owner Settlement Act 2010

If a decision maker proposes to alienate any agreement land by the granting of an estate in fee simple in the land and that alienation is specified as a negotiation activity in the land use activity agreement, the decision maker must reach agreement with the traditional owner group entity as to—

the alienation of the land; and

the conditions to which the agreement to alienate the land is subject, including the provision of community benefits, if any.

In reaching agreement under subsection (1), regard must be had to the nature of the activity and its impact on the traditional owner rights of the traditional owner group.

The decision maker must ensure that the alienation of the land does not take place until the decision maker has complied with subsection (1) or VCAT or the Minister has determined under this Part that the alienation may take place.

If a decision maker proposes to alienate any agreement land by the granting of an estate in fee simple in the land and that alienation is specified as an agreement activity in the land use activity agreement, the decision maker must reach agreement with the traditional owner group entity as to—

the alienation of the land; and

the conditions to which the agreement to alienate the land is subject, including the provision of community benefits, if any.

In reaching agreement under subsection (4), regard must be had to the nature of the activity and its impact on the traditional owner rights of the traditional owner group.

The decision maker must ensure that the alienation does not take place until the decision maker has complied with subsection (4).

The provisions of this section have effect despite anything to the contrary in the Act or regulations under which the alienation of the land is being carried out.