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Traditional Owner Settlement Act 2010 (Vic)

Category: Legislation
Binomial Name: State of Victoria
Date: 23 September 2010
Sub Category:Legislation
Location:Victoria, Australia
Subject Matter:Native Title
URL: http://www.austlii.edu.au/au/legis/vic/consol_act/tosa2010326/
Summary Information:
On 23 September 2010, the Traditional Owner Settlement Act 2010 (Vic) came into effect. It provides an alternative for Victorian claimants to the settlement framework set out in the Native Title Act 1993 (Cth). It has been enacted in acknowledgment of the unique difficulties Victorian claimants have experienced in attempting to use the Native Title Act 1993 framework.

The Traditional Owner Settlement Act 2010 provides a framework within which the Victorian Government may make out of court settlements with native title claimants that recognises their native title rights.
Detailed Information:
Under the Traditional Owner Settlement Act 2010 ('the Act'), the Victorian Government may enter into a 'recognition and settlement agreement' with a traditional owner group.

A 'recognition and settlement agreement' may recognize rights to:

  • enjoy the culture and identity of the traditional owner group;

  • maintain a relationship with the land and the natural resources associated with the land;

  • access and remain on the land;

  • camp on the land;

  • use and enjoy the land;

  • take natural resources on the land;

  • conduct cultural and spiritual activities on the land;and

  • engage in protection of areas of importance on the land.


  • Ancillary agreements

    The agreement may also be supplemented by ancillary agreements which include:

  • Land Agreements;

  • Land Use Activity Agreements;

  • Land Management Co-Operative Agreements;

  • Funding Agreements;

  • Natural Resource Agreements.


  • Land Agreements provide for a grant of an estate in fee simple where the land concerned is unreserved public land. Where the land concerned is public land, the Act provides for a grant of Aboriginal Title (which is a conditional interest in the land).

    Land Use Activity Agreements under the Act are agreements between the State and traditional owner groups that allow certain kinds of 'land use activities' to be carried out on land that is also the subject of a 'recognition and settlement agreement'. These 'land use activities' include acts such as revegetation, land clearing, controlled burning, works and the granting of public land, earth resource or infrastructure authorisations with respect to the land. A register of Land Use Activity Agreements must be established by the Minister.

    Land Management Co-Operative Agreements may be entered into under s 69(1) of the Conservation, Forests and Lands Act 1987 (Vic) with a traditional owner group to which land is to be granted. In providing for such agreements to be made, the Act makes an amendment to the Conservation, Forests and Lands Act 1987 (Vic).

    Funding Agreements under the Act may be entered into for the purpose of providing funding to a traditional owner group entity in order to give effect to a 'recognition and settlement agreement'.

    Natural Resource Agreements under the Act may be entered into to enable members of the traditional owner group to take part or secure employment in the management of the land subject to a 'recognition and settlement agreement' and its natural resources. They may also be entered into to provide for members of the traditional owner group to have access to and use of these resources for traditional purposes.

    Related Entries

    Agreement
  • Mullett on behalf of the Gunai/Kurnai People v State of Victoria [2010] FCA 1144 (22 October 2010)
  • Gunaikurnai Settlement Indigenous Land Use Agreement (ILUA)
  • Yorta Yorta Traditional Owner Land Management Agreement
  • GunaiKurnai and Mt Hotham Alpine Resort Indigenous Land Use Agreement (ILUA)

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