Traditional Owner Settlement (Negotiation Costs) Regulations 2025
S.R. No. 93/2025
Version as at
28 September 2025
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Revocation 1
5 Definitions 1
6 Calculation of negotiating costs 2
7 Travel costs 3
8 Preparation costs 5
9 Professional services costs 5
Form 1—Calculation of reasonable negotiation costs 7
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Endnotes 9
1 General information 9
2 Table of Amendments 11
3 Explanatory details 12
Version No.001
Traditional Owner Settlement (Negotiation Costs) Regulations 2025
S.R. No. 93/2025
Version as at
28 September 2025
1 Objective
The 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.
2 Authorising provision
These Regulations are made under section 91 of the Traditional Owner Settlement Act 2010.
3 Commencement
These Regulations come into operation on 28 September 2025.
4 Revocation
The Traditional Owner Settlement (Negotiation Costs) Regulations 2015[1] are revoked.
5 Definitions
In these Regulations—
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—
(a) a member of the traditional owner group; or
(b) an employee of the traditional owner group entity;
GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
means a negotiation under Division 3 of Part 4 of the Act;
Section 1 - Traditional Owner Settlement (Negotiation Costs) Regulations 2025 - Traditional Owner Settlement (Negotiation Costs) Regulations 2025 | Zoe
negotiation
preparation costs has the meaning given in regulation 8;
professional services costs has the meaning given in regulation 9;
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;
the Act means the Traditional Owner Settlement Act 2010;
travel costs has the meaning given in regulation 7.
6 Calculation of negotiating costs
(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—
(a) travel costs;
(b) preparation costs;
(c) professional services costs.
(2) The costs of services provided by a service provider may only be included as reasonable costs calculated in accordance with subregulation (1) if—
(a) the relevant traditional owner group entity is liable to pay for services provided by the service provider; and
(b) the service provider is not funded by the Commonwealth under section 203FE of the Native Title Act 1993 of the Commonwealth.
(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.
(4) A calculation in accordance with subregulation (1) is to be made—
(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
(b) at the end of the negotiation in respect of any costs not previously calculated under paragraph (a).
7 Travel costs
(1) Travel costs are any one or more of the following—
(a) car expenses;
(b) public transport expenses;
(c) travel expenses.
(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.
Example
Car expenses associated with site visits.
Table 1
Period
Cents per kilometre
28 September 2025–31 December 2025
88 cents
1 January 2026–31 December 2026
91 cents
1 January 2027–31 December 2027
94 cents
1 January 2028–31 December 2028
97 cents
1 January 2029–31 December 2029
100 cents
1 January 2030–31 December 2030
103 cents
1 January 2031–31 December 2031
106 cents
1 January 2032–31 December 2032
109 cents
1 January 2033–31 December 2033
112 cents
1 January 2034–31 December 2034
115 cents
1 January 2035–27 September 2035
118 cents
(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.
Example
Public transport expenses to attend a special meeting.
(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.
Table 2
Period
Maximum travel expenses per day
28 September 2025–31 December 2025
$333.90
1 January 2026–31 December 2026
$342.60
1 January 2027–31 December 2027
$351.50
1 January 2028–31 December 2028
$360.60
1 January 2029–31 December 2029
$370.00
1 January 2030–31 December 2030
$379.60
1 January 2031–31 December 2031
$389.50
1 January 2032–31 December 2032
$399.60
1 January 2033–31 December 2033
$410.00
1 January 2034–31 December 2034
$420.70
1 January 2035–27 September 2035
$431.60
8 Preparation costs
Preparation costs means costs based on any one or more of the following—
(a) the time that an authorised person spends preparing for and conducting a negotiation;
(b) the wages, salary or fees paid to an authorised person in respect of preparing for and conducting a negotiation;
(c) overheads and on-costs in respect of preparing for and conducting a negotiation.
Examples
Site analysis, writing reports, considering recommendations.
9 Professional services costs
Professional 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.
Form 1—Calculation of reasonable negotiation costs
Regulation 6
To: [insert name of responsible person, as defined in section 27(1) of theTraditional Owner Settlement Act 2010]
Address: [insert address details]
The land use activity: [insert the land use activity or land use activities]
Note
The 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.
The traditional owner group entity may be requested to provide evidence of the costs incurred.
This 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.
Item
Description
Amount
1 Preparation costs<br>(For example, site analysis, writing reports, considering recommendations.)
[specify]
$
2 Professional services costs<br>(For example, legal services, economic services, geological services, engineering services.)
[specify]
$
3 Travel costs<br>(For example, car expenses associated with site visits, public transport expenses to attend a special meeting.)
[specify]
$
4 Total
Subtotal<br>GST
$<br>$
Total
$
Issued 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].
Name and position of authorised representative: [insert name]
[insert position]
Signed: [insert signature]
Name and position of second authorised representative: [insert name]
[insert position]
Signed: [insert signature]
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The 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.
The 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).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 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.
This 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.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All 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).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 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.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "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.
• Other material
Any 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).
2 Table of Amendments
There are no amendments made to the Traditional Owner Settlement (Negotiation Costs) Regulations 2025 by statutory rules, subordinate instruments and Acts.