206Determination of disputes—private/native title land

206 Determination of disputes—private/native title land

(1) Subject to section 208, the owner or occupier of land or the holder of an authority may—

(a) apply to VCAT for the determination of a disputed claim for compensation in relation to private land or native title land (other than a claim for just terms compensation under section 53(1) of the Native Title Act); or

(b) refer a disputed claim referred to in paragraph (a) to the Supreme Court for determination—

in accordance with Part 10 of the Land Acquisition and Compensation Act 1986 as if it were a claim for compensation under that Act and as if the authority holder were the Authority referred to in that Part.

(2) A person may only make an application to VCAT in respect of a claim, or refer a claim to the Supreme Court under subsection (1), after the expiry of any period of time specified for the purposes of this section by the regulations.

(3) A party who makes an application in respect of, or who refers, a claim under subsection (1) is only entitled to have that claim determined by VCAT or the Court (as the case requires) if VCAT or the Court is satisfied that the party has attempted to settle the claim by conciliation, but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree.

(4) In its application to a claim that is the subject of an application or reference under subsection (1), Part 10 of the Land Acquisition and Compensation Act 1986 has effect as if—

(a) it required VCAT or the Court (as the case requires) in determining the compensation payable to have regard to the provisions of this Part; and

(b) section 91(1) provided that the holder of the authority must pay its own costs and the costs of the other party unless—

(i) the other party is not the owner or occupier of land in the authority area; or

(ii) the other party has been frivolous or vexatious or has otherwise acted unreasonably—

in which case VCAT or the Court (as the case requires) may, subject to that section, award the costs that it thinks are appropriate.

(5) In determining how much compensation is due to a native title holder in any dispute concerning native title land, VCAT or the Court must take into account any relevant amount that has been determined or agreed as compensation under the Native Title Act in relation to that land.

(6) The holder of the authority must lodge a copy of a determination under this section with the Minister.