Traditional Owner Settlement Act 2010

On application under section 53, in relation to an activity that is a negotiation activity, class B, VCAT may determine—

whether a community benefit payment must be made to the traditional owner group entity; and

whether the activity is to proceed subject to any conditions that VCAT determines being complied with by the responsible person and the traditional owner group entity.

If VCAT determines that a community benefit payment must be made, VCAT may determine whether or not the benefit is to be paid to the traditional owner group entity before the activity may proceed.

If VCAT determines that a community benefit payment must be made, VCAT must determine the amount of the payment.

In making a determination under this section, VCAT must not provide for any matter dealt with under the Aboriginal Heritage Act 2006.