{"id":"sr:traditional-owner-settlement-regulations-2017","name":"Traditional Owner Settlement Regulations 2017","slug":"traditional-owner-settlement-regulations-2017","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185731,"registerId":"vic-sr:traditional-owner-settlement-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Traditional Owner Settlement Regulations 2017","content":"Version No. 001\n\n**Traditional Owner Settlement Regulations 2017**\n\n**S.R. No. 43/2017**\n\nVersion as at  \n16 June 2017\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definitions 1\n\n5 Responsible person to notify traditional owner group entity 2\n\n6 Application for enforcement order 3\n\n7 VCAT may notify persons of applications for enforcement orders 4\n\n═════════════\n\nEndnotes 5\n\n1 General information 5\n\n2 Table of Amendments 7\n\n3 Amendments Not in Operation 8\n\n4 Explanatory details 9\n\n**Version No.** **001**\n\n**Traditional Owner Settlement Regulations 2017**\n\n**S.R. No. 43/2017**\n\nVersion as at  \n16 June 2017\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe for the purposes of the **Traditional Owner Settlement Act 2010**—\n\n(a) the matters to be set out in a notice provided as part of a negotiation process; and\n\n(b) other matters necessary to be prescribed for that Act.\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  \n16 June 2017.\n\n\t4 Definitions\n\nIn these Regulations—\n\n***business day*** means a day that is not—\n\n(a) a Saturday or a Sunday; or\n\n(b) a day that is appointed as a public holiday or a public half-holiday throughout the whole of Victoria under the **Public Holidays Act 1993**;\n\n***the Act*** means the **Traditional Owner Settlement Act 2010**.\n\n\t5 Responsible person to notify traditional owner group entity\n\nFor the purposes of section 49(2) of the Act the following matters are prescribed—\n\n(a) the name of the relevant—\n\n(i) responsible person; or\n\n(ii) decision maker; or\n\n(iii) body responsible under an Act under which the relevant agreement land is managed for the management of the agreement land;\n\n(b) the contact details of a relevant person or body identified in paragraph (a);\n\n(c) the date on which the notice is given to the relevant traditional owner group entity;\n\n(d) a detailed description of the proposed negotiation activity or agreement activity;\n\n(e) the purpose of the proposed negotiation activity or agreement activity;\n\n(f) a detailed description of any project that the proposed negotiation activity or agreement activity forms a part, and the relationship between the project and the proposed negotiation activity or agreement activity;\n\n(g) the classification of the proposed negotiation activity in the relevant land use activity agreement;\n\n(h) the authority or relevant provision of the Act or any other Act under which the proposed negotiation activity or agreement activity is authorised;\n\n(i) the relevant period during which the proposed negotiation activity or agreement activity is to be carried out;\n\n(j) any plan in respect to the carrying out of the proposed negotiation activity or agreement activity;\n\n(k) a detailed description or map showing the area of the agreement land on which the proposed negotiation activity or agreement activity is to be carried out;\n\n(l) a statement of the requirement to negotiate in good faith under section 50(1) of the Act;\n\n(m) a summary of the process to be followed by the relevant responsible person and the traditional owner group entity to reach an agreement in respect of the proposed negotiation activity or agreement activity;\n\n(n) any determination of the monetary value of the relevant agreement land or information held by the relevant responsible person that may assist in the making of a determination that is relevant to the consideration of a community benefit.\n\n\t6 Application for enforcement order\n\nFor the purposes of section 66A(3)(b) of the Act the prescribed period is 15 business days from the date of a notice under section 66A(2) of the Act.\n\n\t7 VCAT may notify persons of applications for enforcement orders\n\nFor the purposes of section 66C(2)(b) of the Act, the prescribed period is 15 business days from the date of a notice under section 66C(1) of the Act.\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 Regulations 2017, S.R. No. 43/2017 were made on 14 June 2017 by the Governor in Council under section 91 of the **Traditional Owner Settlement Act 2010**, No. 62/2010 and came into operation on 16 June 2017: regulation 3.\n\nThe Traditional Owner Settlement Regulations 2017 will sunset 10 years after the day of making on 14 June 2027 (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 Regulations 2017 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Cannot be meaningfully assessed — the document provided contains only version metadata and no substantive regulatory content. There is insufficient information to determine whether the scope of these regulations differs from the original intent of the enabling legislation."},"complexity_factors":["Insufficient substantive content provided to assess true regulatory complexity — only metadata and version history were included in the document","The parent Act (Traditional Owner Settlement Act 2010) involves complex intersections of native title law, land management law, and Aboriginal heritage law","Regulations of this type typically involve cross-referencing multiple pieces of legislation including the Native Title Act 1993 (Cth)","Subject matter involves constitutionally sensitive areas of Aboriginal land rights","Score is conservatively low due to absence of actual regulatory text — real complexity may be significantly higher"],"plain_english_summary":"These Victorian regulations sit under the Traditional Owner Settlement Act 2010 and supply the technical procedures that make negotiated land‑recognition agreements work in practice — forms, fees, timeframes and administrative steps. They mainly affect Aboriginal Traditional Owners seeking recognition, state agencies managing Crown land, land managers and nearby communities.\n\nNote: the supplied document contains only metadata (version/status) and not the substantive regulatory text, so a complete analysis of specific obligations or requirements cannot be completed from it."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the parent Act through procedural details for notification and enforcement timelines. There is no evidence of scope creep or expansion beyond the matters contemplated by section 91 of the Traditional Owner Settlement Act 2010."},"complexity_factors":["Only 7 regulations total, spanning 9 pages including endnotes","Just 2 defined terms ('business day' and 'the Act')","No cross-references to other legislation beyond the parent Act and standard interpretation statutes","Straightforward prescriptive lists (regulation 5) with no conditional logic or nested exceptions","Simple time period prescriptions (15 business days) without complex calculations or triggers","No penalty provisions, offence sections, or enforcement mechanisms beyond the basic VCAT application process"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the administrative details for how the *Traditional Owner Settlement Act 2010* (Victoria) actually works in practice. Think of the Act as the big-picture framework, and these regulations as the \"how-to\" manual.\n\n**Key things it covers:**\n\n*   **Notification requirements:** When government bodies or land managers want to do something on land covered by a traditional owner settlement agreement, they must give detailed written notice to the relevant Aboriginal traditional owner group. The regulations spell out exactly what must be in that notice — including who is involved, what activity is planned, where it will happen, when, and why.\n*   **Good faith negotiation:** The notice must remind everyone that they are required to negotiate in good faith (genuinely try to reach agreement, not just go through the motions).\n*   **Enforcement timelines:** If someone breaches a settlement agreement, the regulations set strict deadlines (15 business days) for applying to VCAT (Victoria's administrative tribunal) for an enforcement order.\n\n**Who it affects:**\n\n*   **Traditional owner groups** in Victoria who have negotiated settlement agreements with the State\n*   **Government departments** and agencies that manage Crown land\n*   **VCAT** (Victorian Civil and Administrative Tribunal), which hears disputes\n\n**Why it matters:**\n\nThese regulations ensure traditional owners get proper, timely information about activities on their country and have clear legal pathways to enforce their rights if agreements are broken. Without these details, the main Act would be unworkable — nobody would know what \"proper notice\" looks like or how quickly they need to act to protect their interests."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations implement the Act’s prescription power (objective and authorising provision at regs 1–2) by specifying notice contents and procedural timeframes; they do not expand substantive rights or change which parties fall under the Act, but they do impose procedural obligations and fixed response periods."},"complexity_factors":["Direct cross-references to specific Act provisions (purpose-built for s.49(2), s.50(1), s.66A and s.66C) — regs 2, 5–7","Prescriptive, multi-item notice content list (detailed requirements across paragraphs (a)–(n)) — reg 5","Defined timing requirements using the defined term 'business day' (which itself references Public Holidays Act) — regs 4, 6–7","Procedural rather than substantive rules: focuses on form, content and deadlines, leaving substantive authorisations to the Act — regs 1, 5","Administrative compliance burden: obligations require preparation of maps, plans, valuation material and process summaries (practical costs for responsible persons) — reg 5(k),(j),(n)","Limited interpretive guidance in the Regulations themselves, requiring officials to refer back to the Act for broader scope and dispute-resolution mechanics — regs 1–2"],"plain_english_summary":"These Regulations require persons responsible under the Traditional Owner Settlement Act 2010 to provide prescribed written notices when proposing negotiation or agreement activity, and they fix 15-business-day deadlines for certain enforcement-order steps (regs 5–7). They apply to responsible persons, decision-makers and traditional owner group entities by specifying what must be included in notices (contacts, descriptions, maps, legal authority, valuation information and the negotiation process), creating defined document-preparation and timing obligations."}},"importantCases":[],"_links":{"self":"/api/acts/traditional-owner-settlement-regulations-2017","history":"/api/acts/traditional-owner-settlement-regulations-2017/history","analysis":"/api/acts/traditional-owner-settlement-regulations-2017/analysis","conflicts":"/api/acts/traditional-owner-settlement-regulations-2017/conflicts","importantCases":"/api/acts/traditional-owner-settlement-regulations-2017/important-cases","documents":"/api/acts/traditional-owner-settlement-regulations-2017/documents"}}