129Procedure for acquisition

129 Procedure for acquisition

(1) For the purposes of the compulsory acquisition of native title rights and interests in land, a project authority is authorised to comply with any relevant procedure under the Native Title Act for a valid acquisition of those rights and interests.

(2) If the procedure under section 24MD(6B) of the Native Title Act applies and an objection is not made under paragraph (d) of that subsection within 2 months after notice is given under that subsection, the project authority may compulsorily acquire the native title rights and interests.

(3) For the purposes of the application of the procedure under section 24MD(6B) of the Native Title Act in relation to the compulsory acquisition, VCAT is the independent body for hearing an objection under section 24MD(6B)(f) and sections 130 and 131 apply.

(4) If an objection is made under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition of native title rights and interests, the project authority may compulsorily acquire the native title rights and interests in the land if—

(a) all those objections have been withdrawn; or

(b) within 5 months after notification under section 24MD(6B) of the Native Title Act of a proposed compulsory acquisition a request has not been made for the objection to be referred to VCAT.

(5) If an objection made under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition is referred to VCAT and a determination is made that the proposed compulsory acquisition proceed, the project authority, in accordance with the determination and subject to this Act, may compulsorily acquire the native title rights and interests.

(6) If VCAT makes a determination that the proposed compulsory acquisition not proceed, or proceed subject to conditions, the project authority must comply with that determination except as permitted by subparagraphs (i), (ii) and (iii) of section 24MD(6B)(g) of the Native Title Act.