20Compulsory acquisition of native title rights and interests

20 Compulsory acquisition of native title rights and interests Sch. 5A cl. 20(1) amended by No. 49/2019 s. 183(Sch. 3 item 46(n)(i)). (1) The Head, Transport for Victoria may acquire a native title right or interest in land in the Redevelopment Project area by a compulsory process for the purposes of the M1 Redevelopment Project or any purpose connected with the M1 Redevelopment Project. (2) Subject to this Division, the **Land Acquisition and Compensation Act 1986** applies to a compulsory acquisition referred to in subclause (1) and for that purpose— (a) the **Road Management Act 2004** is the special Act; and Sch. 5A cl. 20(2)(b) amended by No. 49/2019 s. 183(Sch. 3 item 46(n)(ii)). (b) the Head, Transport for Victoria is the Authority. (3) Section 3(3) of the **Land Acquisition and Compensation Act** **1986** does not apply to the extent that this Division is inconsistent with that Act. 21 Procedure for acquisition Sch. 5A cl. 21(1) amended by No. 49/2019 s. 183(Sch. 3 item 46(o)). (1) For the purposes of the compulsory acquisition of native title rights and interests in land, the Head, Transport for Victoria is authorised to comply with any relevant procedure under the Native Title Act for a valid acquisition of those rights and interests. Sch. 5A cl. 21(2) amended by No. 49/2019 s. 183(Sch. 3 item 46(o)). (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 Head, Transport for Victoria 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, the Tribunal is the independent body for hearing an objection under section 24MD(6B)(f) and clauses 22 and 23 apply. Sch. 5A cl. 21(4) amended by No. 49/2019 s. 183(Sch. 3 item 46(o)). (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 Head, Transport for Victoria may compulsorily acquire the native title rights and interests in the land if— (a) all those objections have been withdrawn; or (b) within 5 months after notification under section 24MD(6B) of the Native Title Act of a proposed compulsory acquisition a request has not been made for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 the Tribunal. Sch. 5A cl. 21(5) amended by No. 49/2019 s. 183(Sch. 3 item 46(o)). (5) If an objection made under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition is referred to the Tribunal and a determination is made that the proposed compulsory acquisition proceed, the Head, Transport for Victoria, in accordance with the determination and subject to this Act, may compulsorily acquire the native title rights and interests. Sch. 5A cl. 21(6) amended by No. 49/2019 s. 183(Sch. 3 item 46(o)). (6) If the Tribunal makes a determination that the proposed compulsory acquisition not proceed, or proceed subject to conditions, the Head, Transport for Victoria must comply with that determination except as permitted by subparagraphs (i), (ii) and (iii) of section 24MD(6B)(g) of the Native Title Act. 22 Referral of objections to Tribunal Sch. 5A cl. 22(1) amended by No. 49/2019 s. 183(Sch. 3 item 46(p)(i)). (1) A person or body that makes an objection under section 24MD(6B)(d) of the Native Title Act to a proposed compulsory acquisition of native title rights and interests may request the Head, Transport for Victoria to refer the objection to the Tribunal. (2) A request must be made within 5 months after notification under section 24MD(6B) of the Native Title Act of the proposed compulsory acquisition. Sch. 5A cl. 22(3) amended by No. 49/2019 s. 183(Sch. 3 item 46(p)(i)). (3) If a request is made, the Authority must refer the objection to the Tribunal unless the Head, Transport for Victoria decides not to proceed with the compulsory acquisition. Sch. 5A cl. 22(4) amended by No. 49/2019 s. 183(Sch. 3 item 46(p)(ii)). (4) The Head, Transport for Victoria is a party to a proceeding in the Tribunal in respect of an objection. 23 Determination of Tribunal on objection (1) The Tribunal may make any of the following determinations in respect of an objection referred to it under clause 22— (a) a determination that the proposed compulsory acquisition that is the subject of the objection proceed; or (b) a determination that the proposed compulsory acquisition proceed subject to conditions; or (c) a determination that the proposed compulsory acquisition not proceed. (2) In making a determination, the Tribunal must take into account— (a) the likely impact of the proposed compulsory acquisition on the objector's registered native title rights and interests; and (b) the measures proposed to be taken to minimise that impact. (3) For the avoidance of doubt, a determination is not an order of the Tribunal for the purposes of the **Victorian Civil and Administrative Tribunal Act 1998**. Compare section 79 of the Native Title Act. 24 Disputed claims for compensation: native title land If the compensation payable to a person in respect of the compulsory acquisition of native title rights and interests in land to which this Division applies does not amount to compensation on just terms, the person is entitled to such additional compensation as is necessary to ensure that compensation is paid on just terms. 25 Cultural and Recreational Lands Act 1963 Section 3 of the **Cultural and Recreational Lands Act 1963** does not apply to the compulsory acquisition of a right or interest under this Division. Part 5—Provision of public land and council land Division 1—Surrender or divesting of public land and council land 26 Surrender or divesting of land of public authorities and Councils (1) The Governor in Council may, by Order published in the Government Gazette— (a) require a public authority or municipal council in which land in the Redevelopment Project area is vested to surrender that land to the Crown; or (b) divest land in the Redevelopment Project area from a public authority or municipal council. (2) Subclause (1) applies whether or not that land was vested in the public authority or municipal council by or under this Act or any other Act or by any other means. Sch. 5A cl. 26(3) amended by No. 49/2019 s. 183(Sch. 3 item 46(q)). (3) Without limiting subclause (2), subclause (1) applies to land vested in the Head, Transport for Victoria whether or not the land was vested in the Head, Transport for Victoria by or under this Part. (4) Subclause (1) does not apply to land that is reserved under the **Crown Land (Reserves) Act** **1978**. (5) A public authority or municipal council must comply with a requirement under subclause (1)(a). (6) A power may only be exercised under subclause (1) on the joint recommendation of the Road Minister and— (a) in the case of a public authority, the Minister administering the Act under which the public authority is established; or Sch. 5A cl. 26(6)(b) amended by No. 9/2020 s. 390(Sch. 1 item 87.4). (b) in the case of a municipal council, the Minister administering the **Local Government Act 2020**. (7) An Order under this clause may describe the land by reference to a plan or plans. 27 Surrender of interests in unreserved Crown land (1) The Road Minister may recommend to the Governor in Council that the interests (if any) of a public authority or a municipal council in any Crown land that is a part of the Redevelopment Project area be surrendered to the Crown on— (a) receiving a plan of land signed by the Surveyor-General; and (b) being satisfied that the land shown on the plan represents land, the interests in which are to be surrendered to the Crown. (2) Subclause (1) does not apply to land that is reserved under the **Crown Land (Reserves) Act 1978**. (3) On receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, declare that the interests (if any) in the land shown on the plan are surrendered to the Crown. (4) An Order under this clause may describe the land by reference to the plan referred to in subclause (1). 28 Effect of surrender or divesting (1) This clause applies to land on— (a) the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of the land that a public authority or municipal council is required to surrender under clause 26(1)(a); or (b) the publication in the Government Gazette of an Order under clause 26(1)(b) in respect of the land; or (c) the publication in the Government Gazette of an Order under clause 27 in respect of the land. (2) The land is deemed to be unalienated land of the Crown and is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. (3) Unless the relevant Order under clause 26 or 27 expressly excludes the operation of this subclause, if any part of the land is or is being used as a road— (a) that part of the land ceases to be a road; and (b) all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease. (4) Unless the relevant Order under clause 26 or 27 expressly excludes the operation of this subclause, if any part of the land is the bed, soil and banks ofa river, all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease. (5) If the relevant Order under clause 26 or 27 provides for the land or any part of the land to be reserved for the purposes of the Link Upgrade Project, the land is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the Link Upgrade Project. Sch. 5A cl. 28(6) amended by No. 49/2019 s. 183(Sch. 3 item 46(r)). (6) If the relevant Order under clause 26 or 27 does not provide for the land to be reserved for the purposes of the Link Upgrade Project, the land is vested in fee simple in the Head, Transport for Victoria. (7) Subclause (3) does not apply if the land is land for which a lease has been granted under section 60 or 93G of the **Melbourne City Link Act 1995**. (8) This clause has effect despite anything to the contrary in section 175A of the **Water Industry Act 1994**, section 10 of or clause 1 of Schedule 5 to this Act or any other Act. 29 Temporary reservation may be amended or revoked The reservation of land under clause 28(5) may beamended, revoked and otherwise dealt with inaccordance with the **Crown Land (Reserves) Act 1978**. Division 2—Removal of reservations on land 30 Land Acts not to apply This Division has effect despite anything to the contrary in the **Crown Land (Reserves) Act 1978** or the **Land Act 1958**.