Traditional Owner Settlement Act 2010

In making a determination under section 54 or 55, VCAT must have regard to—

any submissions made by the traditional owner group entity and the responsible person;

the impact of the proposed activity on traditional owner rights of the traditional owner group, which may include—

any effect on the environment which may have such an impact;

whether the proposed activity is to take place on, above or below the surface of the land;

the economic impacts of the proposed activity;

the reasonableness of any offer made by the responsible person as to the provision of community benefits.

In making a determination under section 54 or 55, VCAT must not have regard to aboriginal cultural heritage within the meaning of the Aboriginal Heritage Act 2006.