{"id":"sr:traditional-owner-settlement-negotiation-costs-regulations-2025","name":"Traditional Owner Settlement (Negotiation Costs) Regulations 2025","slug":"traditional-owner-settlement-negotiation-costs-regulations-2025","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183460,"registerId":"vic-sr:traditional-owner-settlement-negotiation-costs-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Traditional Owner Settlement (Negotiation Costs) Regulations 2025","content":"Version No. 001\n\n**Traditional Owner Settlement (Negotiation Costs) Regulations 2025**\n\n**S.R. No. 93/2025**\n\nVersion as at  \n28 September 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 Calculation of negotiating costs 2\n\n7 Travel costs 3\n\n8 Preparation costs 5\n\n9 Professional services costs 5\n\nForm 1—Calculation of reasonable negotiation costs 7\n\n═════════════\n\nEndnotes 9\n\n1 General information 9\n\n2 Table of Amendments 11\n\n3 Explanatory details 12\n\n**Version No.** **001**\n\n**Traditional Owner Settlement (Negotiation Costs) Regulations 2025**\n\n**S.R. No. 93/2025**\n\nVersion as at  \n28 September 2025\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe the method for calculating the reasonable costs of negotiating land use activities under the **Traditional Owner Settlement Act 2010**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 91 of the **Traditional Owner Settlement Act 2010**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 28 September 2025.\n\n\t4 Revocation\n\nThe Traditional Owner Settlement (Negotiation Costs) Regulations 2015[[1]](#endnote-1) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***authorised person*** means a person who is authorised by a traditional owner group entity to prepare for or conduct negotiations on behalf of the traditional owner group entity and who is—\n\n(a) a member of the traditional owner group; or\n\n(b) an employee of the traditional owner group entity;\n\n***GST*** has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;\n\n***negotiation*** means a negotiation under Division 3 of Part 4 of the Act;\n\n***preparation costs*** has the meaning given in regulation 8;\n\n***professional services costs*** has the meaning given in regulation 9;\n\n***service provider*** means a person who, or body that, performs any or all of the functions of a representative Aboriginal/Torres Strait Islander body within the meaning of the Native Title Act 1993 of the Commonwealth in accordance with section 203B of that Act;\n\n***the Act***  means the **Traditional Owner Settlement Act 2010**;\n\n***travel costs*** has the meaning given in regulation 7.\n\n\t6 Calculation of negotiating costs\n\n(1) For the purposes of section 52(2) of the Act, the prescribed method for calculating the reasonable costs of negotiating is to add together any of the following, inclusive of GST, in a period specified in subregulation (4)(a) or (b) (as the case requires), using Form 1—\n\n(a) travel costs;\n\n(b) preparation costs;\n\n(c) professional services costs.\n\n(2) The costs of services provided by a service provider may only be included as reasonable costs calculated in accordance with subregulation (1) if—\n\n(a) the relevant traditional owner group entity is liable to pay for services provided by the service provider; and\n\n(b) the service provider is not funded by the Commonwealth under section 203FE of the Native Title Act 1993 of the Commonwealth.\n\n(3) If requested to do so by the responsible person, the traditional owner group entity must produce evidence of the costs incurred by the traditional owner group entity.\n\n(4) A calculation in accordance with subregulation (1) is to be made—\n\n(a) at the end of each 3 month period, with the first such period starting on the day on which a notice under section 49(1) of the Act is given to the traditional owner group entity; and\n\n(b) at the end of the negotiation in respect of any costs not previously calculated under paragraph (a).\n\n\t7 Travel costs\n\n(1) Travel costs are any one or more of the following—\n\n(a) car expenses;\n\n(b) public transport expenses;\n\n(c) travel expenses.\n\n(2) For the purposes of subregulation (1)(a), car expenses are costs associated with a car that are incurred by a traditional owner group entity when preparing for or conducting a negotiation, calculated by multiplying the number of kilometres travelled in the car by the rate of cents per kilometre set out in Table 1 that corresponds to the period during which the costs are incurred.\n\n**Example**\n\nCar expenses associated with site visits.\n\n**Table 1**\n\n| *Period* | *Cents per kilometre* |\n| --- | --- |\n| 28 September 2025–31 December 2025 | 88 cents |\n| 1 January 2026–31 December 2026 | 91 cents |\n| 1 January 2027–31 December 2027 | 94 cents |\n| 1 January 2028–31 December 2028 | 97 cents |\n| 1 January 2029–31 December 2029 | 100 cents |\n| 1 January 2030–31 December 2030 | 103 cents |\n| 1 January 2031–31 December 2031 | 106 cents |\n| 1 January 2032–31 December 2032 | 109 cents |\n| 1 January 2033–31 December 2033 | 112 cents |\n| 1 January 2034–31 December 2034 | 115 cents |\n| 1 January 2035–27 September 2035 | 118 cents |\n\n\n(3) For the purposes of subregulation (1)(b), public transport expenses are the costs of travelling on public transport that are incurred by a traditional owner group entity in preparing for or conducting a negotiation.\n\n**Example**\n\nPublic transport expenses to attend a special meeting.\n\n(4) For the purposes of subregulation (1)(c), travel expenses are the costs of accommodation, meals and incidental expenses that are incurred by a traditional owner group entity when travelling to prepare for or to conduct a negotiation, up to the maximum daily amount specified in Table 2 that corresponds to the period during which the costs are incurred.\n\n**Table 2**\n\n| *Period* | *Maximum travel expenses per day* |\n| --- | --- |\n| 28 September 2025–31 December 2025 | $333.90 |\n| 1 January 2026–31 December 2026 | $342.60 |\n| 1 January 2027–31 December 2027 | $351.50 |\n| 1 January 2028–31 December 2028 | $360.60 |\n| 1 January 2029–31 December 2029 | $370.00 |\n| 1 January 2030–31 December 2030 | $379.60 |\n| 1 January 2031–31 December 2031 | $389.50 |\n| 1 January 2032–31 December 2032 | $399.60 |\n| 1 January 2033–31 December 2033 | $410.00 |\n| 1 January 2034–31 December 2034 | $420.70 |\n| 1 January 2035–27 September 2035 | $431.60 |\n\n\n\t8 Preparation costs\n\nPreparation costs means costs based on any one or more of the following—\n\n(a) the time that an authorised person spends preparing for and conducting a negotiation;\n\n(b) the wages, salary or fees paid to an authorised person in respect of preparing for and conducting a negotiation;\n\n(c) overheads and on-costs in respect of preparing for and conducting a negotiation.\n\n**Examples**\n\nSite analysis, writing reports, considering recommendations.\n\n\t9 Professional services costs\n\nProfessional services costs are the costs incurred by a traditional owner group entity for a service provided to the entity or an authorised person by a qualified professional for the purpose of preparing for or conducting a negotiation.\n\n**Examples**\n\nLegal services, economic services, geological services, engineering services.\n\nForm 1—Calculation of reasonable negotiation costs\n\nRegulation 6\n\nTo: [*insert name of responsible person, as defined in section 27(1) of the* ***Traditional Owner Settlement Act 2010***]\n\nAddress: [*insert address details*]\n\nThe land use activity: [*insert the land use activity or land use activities*]\n\n**Note**\n\nThe table of costs lists those costs incurred by the traditional owner group entity in preparing for and conducting a negotiation referred to in section 50 of the **Traditional Owner Settlement Act 2010** in relation to the land use activity specified above.\n\nThe traditional owner group entity may be requested to provide evidence of the costs incurred.\n\nThis form should be completed by an authorised representative of the traditional owner group entity. An authorised representative is a senior person within the traditional owner group entity such as a Chief Executive Officer or company secretary.\n\n| *Item* | *Description* | *Amount* |\n| --- | --- | --- |\n| 1 Preparation costs<br>(For example, site    analysis, writing reports, considering recommendations.) | [*specify*] | $ |\n| 2 Professional services     costs<br>(For example, legal services, economic    services, geological services, engineering services.) | [*specify*] | $ |\n| 3 Travel costs<br>(For example, car expenses associated with site visits,    public transport expenses to attend a special meeting.) | [*specify*] | $ |\n|  |  |  |\n| 4 Total | Subtotal<br>GST | $<br>$ |\n|  | Total | $ |\n\n\nIssued for and on behalf of [*insert name of traditional owner group entity*] ABN [*insert ABN*], by the following authorised representative of the traditional owner group entity [*insert name of traditional owner group entity*].\n\nName and position of authorised representative: [*insert name*]\n\n[*insert position*]\n\nSigned: [*insert signature*]\n\nName and position of second authorised representative: [*insert name*]\n\n[*insert position*]\n\nSigned: [*insert signature*]\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [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.\n\nThe Traditional Owner Settlement (Negotiation Costs) Regulations 2025, S.R. No. 93/2025 were made on 23 September 2025 by the Governor in Council under section 91 of the **Traditional Owner Settlement Act 2010**, No. 62/2010 and came into operation on 28 September 2025: regulation 3.\n\nThe Traditional Owner Settlement (Negotiation Costs) Regulations 2025 will sunset 10 years after the day of making on 23 September 2035 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule 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.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Traditional Owner Settlement (Negotiation Costs) Regulations 2025 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 109/2015. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains the same narrow scope as its predecessor—prescribing calculation methods for negotiation costs under the Traditional Owner Settlement Act 2010. It updates monetary rates and extends the timeframe but does not expand into new substantive areas."},"complexity_factors":["Short length (9 substantive regulations plus form)","Linear structure with minimal cross-referencing (only references to parent Act and Form 1)","Simple mathematical calculations (addition of three cost categories, multiplication of kilometres by fixed rates)","Indexed tables with pre-set rates for 10-year period (Tables 1 and 2) rather than complex formulas","Limited defined terms (8 definitions, all straightforward)","Single condition for service provider costs (regulation 6(2)) with two straightforward limbs","No nested exceptions or conditional logic beyond basic 'if requested' trigger (regulation 6(3))"],"plain_english_summary":"This legislation sets out the rules for calculating how much money Victorian traditional owner groups can claim back when they negotiate land use activities (like mining, development, or forestry) on their country.\n\n**What it does:**\n- **Replaces old rules:** It revokes the 2015 regulations and introduces new rates for the next 10 years.\n- **Covers three types of costs:**\n  - **Travel costs:** Car travel (paid per kilometre at rates rising from 88c to $1.18 over 10 years), public transport, and daily allowances for accommodation/meals (starting at $333.90/day and rising to $431.60/day).\n  - **Preparation costs:** Time spent by authorised representatives (traditional owners or employees of the group) preparing for negotiations, including their wages and overheads.\n  - **Professional services:** External experts like lawyers, economists, geologists or engineers hired to help with negotiations.\n- **Adds GST:** All costs include GST (Goods and Services Tax).\n- **Requires documentation:** Groups must use a specific form (Form 1) to claim costs every 3 months during negotiations, plus a final claim at the end. They must provide evidence if asked.\n- **Restricts double-dipping:** Costs from Native Title Representative Bodies (service providers) can only be claimed if the group actually has to pay for them and the Commonwealth isn't already funding them.\n\n**Who it affects:**\n- **Traditional owner group entities** in Victoria (Aboriginal corporations recognised under the Traditional Owner Settlement Act 2010).\n- **Responsible persons** (usually government agencies or developers) who must pay these reasonable negotiation costs.\n- **Service providers** like Native Title Representative Bodies.\n\n**Why it matters:**\nNegotiating land use agreements is complex and expensive. This ensures traditional owner groups don't have to bear these costs themselves when dealing with powerful government or corporate entities. The indexed rates (rising roughly 3% annually) help protect against inflation over the 10-year life of these regulations."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Regulation 4 revokes the 2015 Regulations and replaces them with a detailed, prescriptive method for calculating reasonable negotiation costs under the Act (see Regs 4, 6–9). The new instrument standardises categories, fixes indexed rates and daily maxima for 2025–2035 (Reg 7 Tables 1 & 2), mandates quarterly and final calculations (Reg 6(4)), requires evidence on request (Reg 6(3)), and narrows recoverable professional costs by excluding service providers funded under Commonwealth s203FE (Reg 6(2)(b))."},"complexity_factors":["Prescriptive, formulaic calculation method that aggregates three categories (Reg 6(1)): reduces legal ambiguity but requires precise recordkeeping.","Indexed monetary rates and maxima across multiple future periods (Reg 7 Tables 1 & 2) requiring correct temporal application to claims.","Periodic accounting requirement (quarterly and at negotiation end) that imposes administrative cadence on claim submissions (Reg 6(4)).","GST‑inclusive treatment of all items (Reg 6(1)) affects how amounts are recorded and reported.","Evidence and verification duties: traditional owner group entities must provide cost evidence on request by the responsible person (Reg 6(3)), raising documentation/compliance burden.","Exclusion of costs for service providers funded under Commonwealth s203FE of the Native Title Act (Reg 6(2)(b)) creates a substantive eligibility gate.","Definitions determine who can be an authorised claimant (Reg 5) and who qualifies as a service provider, affecting entitlement and administration.","Mandatory completion of Form 1 establishes a standard administrative process but adds formalities to reimbursement/claiming.","Sunset provision in Endnotes (10 years) creates a limited temporal scope requiring future review/replacement."],"plain_english_summary":"These Regulations set the formula for calculating the \"reasonable costs\" of negotiating land‑use activities under the Traditional Owner Settlement Act 2010. They specify three claimable categories—travel, preparation and professional services—and require calculations inclusive of GST using the prescribed Form 1.\n\nThe instrument fixes per‑kilometre car rates and daily travel maxima for 2025–2035, requires quarterly and end‑of‑negotiation calculations, allows the responsible person to request evidence of costs, and excludes costs for service providers funded by the Commonwealth (s203FE). Traditional owner group entities must initially incur and document the costs."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is no indication of scope change from the original intent. The regulations appear narrowly focused on their stated purpose of governing negotiation costs in Traditional Owner settlement processes. However, the severely limited content provided makes a definitive assessment impossible."},"complexity_factors":["Operates within a specialist area of law (Traditional Owner settlements under Victorian legislation) that requires background knowledge to understand","Likely cross-references the parent Act (Traditional Owner Settlement Act 2010 Vic) and potentially other legislation","The provided text is almost entirely metadata with no substantive regulatory content, making full analysis impossible","Regulations of this type typically involve defined cost categories, eligibility criteria, and approval processes that can be technical","Low complexity overall because regulations dealing with costs/funding tend to be procedural rather than conceptually complex"],"plain_english_summary":"These regulations set rules about which negotiation costs can be paid, who can be paid, and how payments are handled when Victorian Aboriginal Traditional Owner groups and the government negotiate settlement agreements. They affect Traditional Owner groups, the Victorian Government and agencies, and lawyers or advisers engaged in those negotiations.\n\nThey matter because covering negotiation costs helps ensure Traditional Owners can participate meaningfully and seek fair recognition of their rights to Country."}},"importantCases":[],"_links":{"self":"/api/acts/traditional-owner-settlement-negotiation-costs-regulations-2025","history":"/api/acts/traditional-owner-settlement-negotiation-costs-regulations-2025/history","analysis":"/api/acts/traditional-owner-settlement-negotiation-costs-regulations-2025/analysis","conflicts":"/api/acts/traditional-owner-settlement-negotiation-costs-regulations-2025/conflicts","importantCases":"/api/acts/traditional-owner-settlement-negotiation-costs-regulations-2025/important-cases","documents":"/api/acts/traditional-owner-settlement-negotiation-costs-regulations-2025/documents"}}