What it does
The Traditional Owner Settlement Act 2010 (Vic) establishes a statutory mechanism for the Victorian Minister (on behalf of the State) to enter recognition and settlement agreements with traditional owner group entities (s 4). These agreements form a "settlement package" that can include four main components: land agreements (Part 3), land use activity agreements (Part 4), funding agreements (Part 5), and natural resource agreements (Part 6).
At its core, the Act advances reconciliation by recognising traditional owner rights in relation to public land. Section 9(1) permits recognition of rights to enjoy culture and identity, maintain spiritual and economic relationships with land and resources, access and camp on land, take natural resources, conduct cultural activities, and protect significant sites. These rights are explicitly stated not to exceed what Victorian law otherwise permits (s 9(2)).
Land agreements (Division 2 of Part 3) allow for the grant of an estate in fee simple under either Division 3 (ordinary freehold with inalienability conditions under s 15) or Division 4 (aboriginal title). Aboriginal title is a sui generis estate in fee simple that is inalienable except to another traditional owner group entity with Ministerial consent (s 19(4)), transfers certain rights to the State (s 20), and requires a traditional owner land management agreement under the Conservation, Forests and Lands Act 1987 (s 23). Grants do not extinguish native title where it exists (ss 17A, 19(3A)).
Land use activity agreements (Part 4) are the Act's most operationally significant component. They classify every "land use activity" (exhaustively defined in s 28 to include granting authorisations under the National Parks Act 1975, Crown Land (Reserves) Act 1978, , earth resource authorisations, clearing, works, alienation, reservation, management plan preparation, and numerous other activities added by amendment) into routine, advisory, negotiation (class A or B), or agreement activities (s 32). Routine activities require no process (s 33); advisory activities trigger Ministerial directions for notification and consultation (s 34); negotiation and agreement activities trigger mandatory good-faith negotiation (s 50) and, failing agreement, VCAT or Ministerial determination.