Victorian Current Acts

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ABORIGINAL HERITAGE ACT 2006 - SECT 31

Acquisition of Aboriginal place

    (1)     The Minister may acquire, by agreement or compulsory acquisition, any land that contains an Aboriginal place if the Minister is satisfied that—

        (a)     the Aboriginal place is of such cultural heritage significance to Aboriginal people that it is irreplaceable; and

        (b)     no other practicable arrangements can be made to ensure the proper protection and maintenance of the Aboriginal place.

    (2)     Subject to subsections (3) and (4), the Land Acquisition and Compensation Act 1986 applies to a compulsory acquisition by the Minister under this section and for that purpose—

        (a)     the Aboriginal Heritage Act 2006 is the specified Act; and

        (b)     the Minister is the Authority.

    (3)     Despite anything to the contrary in the Land Acquisition and Compensation Act 1986 , land acquired by the Minister under this section vests in the Crown.

S. 31(4) amended by No. 11/2016 s. 28.

    (4)     A person is not entitled to compensation under the Land Acquisition and Compensation Act 1986 or this Act for the value of an Aboriginal object or Aboriginal ancestral remains on or under the surface of the land acquired under this section.



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