45Requirements for clearing of land, carrying out of works

45 Requirements for clearing of land, carrying out of works (1) If a decision maker for any agreement land proposes to— (a) clear any of the land; or (b) carry out works on any of the land— and that clearing of land or carrying out of works is specified as a negotiation activity in the land use activity agreement, the decision maker must reach agreement with the traditional owner group entity as to— (c) the clearing of the land or the carrying out of works; and (d) the conditions to which the agreement to clear the land or carry out works is subject, including the provision of community benefits, if any. **Note** In this section the ***decision maker*** is the person or body responsible for the management of the land under the Act under which the land is managed, see the definition of ***decision maker***. (2) In reaching agreement under subsection (1), regard must be had to the nature of the activity and its impact on the traditional owner rights of the traditional owner group. (3) The decision maker must ensure that the clearing of the land or the carrying out of the works does not take place until the decision maker has complied with subsection (1) or VCAT or the Minister has determined that the activity may be carried out. (4) If a decision maker for any agreement land proposes to— (a) clear any of the land; or (b) carry out works on any of the land— and that clearing of land or carrying out of works is specified as an agreement activity in the land use activity agreement, the decision maker must reach agreement with the traditional owner group entity as to— (c) the clearing of the land or the carrying out of works; and (d) the conditions to which the agreement to clear the land or carry out works is subject, including the provision of community benefits, if any. (5) In reaching agreement under subsection (4), regard must be had to the nature of the activity and its impact on the traditional owner rights of the traditional owner group. (6) The decision maker must ensure that the clearing of the land or the carrying out of the works does not take place until the decision maker has complied with subsection (4). (7) The provisions of this section have effect despite anything to the contrary in the Act under which the land is managed or regulations under that Act. 1 The processes set out in Division 4 of this Part apply to the clearing of land and the carrying out of works on the land to which this section applies. 2 Section 32(3) provides that a land use activity agreement must not specify a land use activity as a negotiation activity, class B unless the activity is a limited land use activity or a significant land use activity. The provision also provides that a land use activity agreement must not specify a land use activity as a negotiation activity, class A or an agreement activity unless the activity is a significant land use activity.