46Requirements for persons seeking alienation of land

46 Requirements for persons seeking alienation of land (1) If a decision maker proposes to alienate any agreement land by the granting of an estate in fee simple in the land and that alienation 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— (a) the alienation of the land; and (b) the conditions to which the agreement to alienate the land is subject, including the provision of community benefits, if any. **Note** In this section the ***decision maker*** is the Minister responsible for the administration of the provision under which the land may be alienated by the grant of the estate, 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 alienation of the land does not take place until the decision maker has complied with subsection (1) or VCAT or the Minister has determined under this Part that the alienation may take place. (4) If a decision maker proposes to alienate any agreement land by the granting of an estate in fee simple in the land and that alienation 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— (a) the alienation of the land; and (b) the conditions to which the agreement to alienate the land 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 alienation 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 or regulations under which the alienation of the land is being carried out. 1 The processes set out in Division 4 of this Part apply to the alienation of 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. S. 47 amended by No. 42/2013 s. 38, repealed by No. 24/2024 s. 66. S. 48 amended by No. 29/2011 s. 3(Sch. 1 item 96.3), substituted by No. 42/2013 s. 39, repealed by No. 24/2024 s. 67. Division 4—Negotiation and determination processes Subdivision 1—General provisions 49 Responsible person to notify traditional owner group entity (1) Before proceeding with a limited land use activity or significant land use activity that is specified as a negotiation activity or agreement activity in a land use activity agreement and that is an activity in respect of which agreement must be reached under Division 3, the responsible person must notify the traditional owner group entity of the proposal to carry out the activity. S. 49(2) substituted by No. 67/2016 s. 14. (2) A notice under subsection (1) must set out the prescribed matters.