The Act amends the Traditional Owner Settlement Act 2010 (Vic) to further provide for grants of Aboriginal title under land agreements, revise the operation of land use activity agreements (LUAAs) and provide for compliance with those agreements, and to revise the operation of natural resource agreements. It also includes amendments to the following Acts to provide for agreements about natural resources with traditional owners: the Crown Land (Reserves) Act 1978, the Fisheries Act 1995, the Flora and Fauna Guarantee Act 1988, the Forests Act 1958, the Land Act 1958, the National Parks Act 1975, the Prevention of Cruelty to Animals Act 1986, the Water Act 1989 and the Wildlife Act 1975.
The Act primarily affects grants of Aboriginal title, LUAAs and natural resource agreements.
The amendments are required to allow for grants to be made over parcels of land in the Greater Bendigo National Park which are depth-limited for the purpose of enabling the possibility of underground mining to occur. Section 19(5) currently only allows for grants of an estate in fee simple over depth-limited land. The amendments enable the State to fulfil its commitment in the 2013 Dja Dja Wurrung Recognition and Settlement Agreement to grant Aboriginal title over this area to the Dja Dja Wurrung Clans Aboriginal Corporation. This Bill also ensures that the granting of Aboriginal title does not affect any statutory authorities, contracts or agreements that existed prior to the grant, and clarifies that community benefits may be payable in relation to a grant of Crown land.
In relation to LUAAs, the amendments will enhance the Victorian and Civil Administrative Tribunal (VCAT)’s jurisdiction to resolve disputes and enforce compliance. Applications to VCAT can be made either by a traditional owner group or a responsible person for a determination that: a party to a LUAA has not complied with all of its requirements; a determination of the correct calculation of reasonable costs of negotiation; or a determination of the correct classification of a land use activity, although once a classification has been agreed upon in a LUAA, VCAT cannot change it.
The Act will also help facilitate the exercise of traditional owner rights to access and use of natural resources by providing for access and use of natural resources to be authorised directly by a natural resource agreement. The Bill also allows for representatives of the parties to make decisions in relation to natural resource agreements, helping to increase flexibility in managing particular resources depending upon local circumstances. Natural resource agreements will also be extended to land owned by traditional owner groups, rather than just public land, in order to reduce the need to consistently seek permission from relevant authorities to undertake activities on their own land.
For further information please see the Explanatory Memorandum or the Second Reading Speech from the Legislative Council.