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Traditional Owner Settlement Act 2010
96Transitional provision for authorisation orders
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96 Transitional provision for authorisation orders
(1) Despite the commencement of sections 19(1) and 24 of the 2016 Act, an authorisation order that was in force immediately before that commencement continues to apply in respect of any natural resource agreement in respect of which it applied immediately before that commencement.
(2) For the purpose of subsection (1)—
(a) the authorisation order continues in force until it expires or is revoked; and
(b) Division 3 of Part 6 as in force before that commencement continues to apply to the order.
(3) In relation to an authorisation order to which subsection (1) applies—
(a) despite the commencement of section 30(3) of the 2016 Act, sections 48A and 52A of the **Flora and Fauna Guarantee
Act 1988**, as in force immediately before that commencement, continue to apply in relation to the authorisation order; and
(b) despite the commencement of section 31(2) and (3) of the 2016 Act, sections 57Q(5), 57ZF(2), 59(1B) and 96C of the **Forests Act 1958**, as in force immediately before that commencement, continue to apply in relation to the authorisation order; and
(c) despite the commencement of section 35 of the 2016 Act, section 8A of the **Water Act 1989**, as in force immediately before that commencement, continues to apply in relation to the authorisation order; and
(d) despite the commencement of section 36(2) of the 2016 Act, sections 47B and 58C(1A)(b) of the **Wildlife Act 1975**,
as in force immediately before that commencement, continue to apply in relation to the authorisation order.
(4) In this section—
***authorisation order*** has the same meaning as in section 79 as in force immediately before the commencement of section 19 of the 2016 Act.
Pts 9–19 (Headings and ss 95–147) repealed by No. 62/2010 s. 147.
Endnotes
1 General information
See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
*Minister's second reading speech—*
*Legislative Assembly: 28 July 2010*
*Legislative Council: 12 August 2010*
The long title for the Bill for this Act was "A Bill for an Act to recognise traditional owner groups based on their traditional and cultural associations to certain land in Victoria, to provide for the making of agreements between the State and traditional owner groups, to recognise and confer rights on traditional owner groups as to access to or ownership or management of certain public land and as to decision making rights and other rights that may be exercised in relation to the use and development of the land or natural resources on the land, to make any amendments that are necessary to other Acts to ensure the agreements are effective, to make any related and consequential amendments to other Acts and for other purposes."
The **Traditional Owner Settlement Act 2010** was assented to on 21 September 2010 and came into operation on 23 September 2010: Special Gazette (No. 382) 22 September 2010 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the **Traditional Owner Settlement Act 2010** by Acts and subordinate instruments.
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**Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010** (as amended by No. 62/2010)
| Assent Date: | 23.3.10 |
| Commencement Date: | S. 800(Sch. 6 item 13) on 1.1.12: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
**Traditional Owner Settlement Act 2010, No. 62/2010**
| Assent Date: | 21.9.10 |
| Commencement Date: | S. 147 on 1.7.12: s. 147 |
| Current State: | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
**Statute Law Revision Act 2011, No. 29/2011**
| Assent Date: | 21.6.11 |
| Commencement Date: | S. 3(Sch. 1 item 96) on 22.6.11: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
**Traditional Owner Settlement Amendment Act 2013, No. 4/2013**
| Assent Date: | 19.2.13 |
| Commencement Date: | Ss 4–29 on 8.3.13: Special Gazette (No. 70) 5.3.13 p. 1 |
| Current State: | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
**Sustainable Forests (Timber) Amendment Act 2013, No. 42/2013**
| Assent Date: | 28.6.13 |
| Commencement Date: | Ss 35–39 on 1.10.13: Special Gazette (No. 337) 24.9.13 p. 1 |
| Current State: | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
**Traditional Owner Settlement Amendment Act 2016, No. 67/2016**
| *Assent Date:* | 15.11.16 |
| *Commencement Date:* | Ss 4−10, 25, 26 on 28.2.17: Special Gazette (No. 44) 28.2.17 p. 1; ss 11–24 on 1.5.17: s. 2(2) |
| *Current State:* | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
**Victorian Fisheries Authority Act 2016, No. 68/2016**
| Assent Date: | 15.11.16 |
| Commencement Date: | S. 173 on 1.7.17: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
**Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017**
| *Assent Date:* | 26.9.17 |
| *Commencement Date:* | Ss 86, 87 on 1.12.17: s. 2(3) |
| *Current State:* | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
**Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018**
| Assent Date: | 29.5.18 |
| Commencement Date: | Ss 23, 24 on 30.5.18: s. 2 |
| Current State: | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
**Parks Victoria Act 2018, No. 19/2018**
| Assent Date: | 5.6.18 |
| Commencement Date: | S. 250 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1 |
| Current State: | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
**Marine and Coastal Act 2018, No. 26/2018**
| Assent Date: | 26.6.18 |
| Commencement Date: | S. 98 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1 |
| Current State: | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
**Great Ocean Road and Environs Protection Act 2020, No. 19/2020**
| Assent Date: | 23.6.20 |
| Commencement Date: | Ss 105, 106 on 1.12.20: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
**Sustainable Forests (Timber) Repeal Act 2024, No. 24/2024**
| Assent Date: | 25.6.24 |
| Commencement Date: | Ss 63–68 on 1.7.24: Special Gazette (No. 345) 25.6.24 p. 1 |
| Current State: | This information relates only to the provision/s amending the **Traditional Owner Settlement Act 2010** |
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3 Explanatory details
No entries at date of publication.