Victorian Current Acts

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 3

In this Act—

S. 3 def. of Aboriginal person inserted by No. 4/2013 s. 4(1).

"Aboriginal person" has the same meaning as in the Aboriginal Heritage Act 2006 ;

"aboriginal title "means a grant of an estate in fee simple in land that is subject to Division 4 of Part 3;

S. 3 def. of alpine resort inserted by No. 67/2016 s. 4(1).

"alpine resort" has the same meaning as in the Alpine Resorts Act 1983 ;

S. 3 def. of Alpine Resort Management Board inserted by No. 67/2016 s. 4(1).

"Alpine Resort Management Board" has the same meaning as Board has in the Alpine Resorts (Management) Act 1997 ;

"camp" means—

        (a)     to erect, occupy or use, for accommodation, a tent, tarpaulin or any similar form of accommodation, shelter or temporary structure; or

        (b)     to occupy or use a swag or sleeping bag; or

        (c)     to occupy or use for accommodation purposes a vehicle, vessel or other moveable form of accommodation;

S. 3 def. of Department substituted by No. 67/2016 s. 4(2).

"Department" means the Department of Justice and Regulation;

"funding agreement" means an agreement under Part 5;

"indigenous land use agreement" has the same meaning as in Division 3 of Part 2 of the Native Title Act;

"joint management plan" has the same meaning as in the Conservation, Forests and Lands Act 1987 ;

"land agreement" means an agreement under Division 2 of Part 3;

"land management co-operative agreement" means an agreement under Part 8 of the Conservation, Forests and Lands Act 1987 ;

"land use activity agreement" means an agreement under Division 2 of Part 4;

"land use activity agreement register" means the register established under section 67;

"native title" has the same meaning as in the Native Title Act;

"Native Title Act" means the Native Title Act 1993 of the Commonwealth;

"natural resource agreement" means an agreement under Division 2 of Part 6;

S. 3 def. of Parks Victoria inserted by No. 19/2018 s. 250(1).

"Parks Victoria" has the same meaning as in the Parks Victoria Act 2018 ;

S. 3 def. of public land amended by No. 67/2016 s. 4(3).

"public land" means the following—

        (a)     land under the Crown Land (Reserves) Act 1978 including
land in any alpine resort;

        (b)     land in any park within the meaning of the National Parks Act 1975 ;

        (c)     reserved forest within the meaning of the Forests Act 1958 ;

        (d)     unreserved Crown land under the Land Act 1958 ;

        (e)     land in any State Wildlife Reserve or Nature Reserve, within the meaning of the Wildlife Act 1975 ;

    *     *     *     *     *

"recognition and settlement agreement" means an agreement under section 4;

"relevant land Minister", in relation to public land, means the Minister administering the Act under which the land is managed;

S. 3 def. of traditional owner group amended by No. 4/2013 s. 4(2).

"traditional owner group", in relation to an area of public land, means—

        (a)     a group of Aboriginal persons who may authorise (within the meaning in section 251A of the Native Title Act) the making of an indigenous land use agreement with the Minister, on behalf of the State—

              (i)     for the purposes of the settlement of any application of a kind listed in the Table to section 61 of the Native Title Act or in which the group agrees not to make an application of that kind; and

              (ii)     that is capable of being registered under section 24CK or 24CL of the Native Title Act; or

        (b)     if there are native title holders (within the meaning of the Native Title Act ) in relation to the area, the native title holders; or

        (c)     in any other case, a group of persons who are recognised by the Attorney-General, by notice published in the Government Gazette as the traditional owners of the land, based on Aboriginal traditional and cultural associations with the land;

S. 3 def. of traditional owner group entity amended by No. 29/2011 s. 3(Sch. 1 item 96.1).

"traditional owner group entity", in relation to an area of public land, means—

        (a)     a corporation within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth; or

        (b)     a company limited by guarantee that is registered under the Corporations Act; or

        (c)     a body corporate—

that a traditional owner group for the area of public land has appointed to represent them in relation to that area, for the purposes of this Act;

traditional owner land management agreement has the same meaning as in the Conservation, Forests and Lands Act 1987 ;

"traditional owner rights", in relation to a recognition and settlement agreement, means the traditional owner rights recognised in the agreement;

S. 3 def. of unreserved public land amended by No. 67/2016 s. 4(4).

"unreserved public land" means land to which paragraph (d) of the definition of public land applies.

Part 2—Recognition and settlement agreements

Division 1—Recognition and settlement agreements