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Traditional Owner Settlement Act 2010
56Matters VCAT must take into account in making determination
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56 Matters VCAT must take into account in making determination
(1) In making a determination under section 54 or 55, VCAT must have regard to—
(a) any submissions made by the traditional owner group entity and the responsible person;
(b) the impact of the proposed activity on traditional owner rights of the traditional owner group, which may include—
(i) any effect on the environment which may have such an impact;
(ii) whether the proposed activity is to take place on, above or below the surface of the land;
(c) the economic impacts of the proposed activity;
(d) the reasonableness of any offer made by the responsible person as to the provision of community benefits.
(2) In making a determination under section 54 or 55, VCAT must not have regard to aboriginal cultural heritage within the meaning of the **Aboriginal Heritage Act 2006**.