Victorian Numbered Acts

TRADITIONAL OWNER SETTLEMENT ACT 2010 (NO. 62 OF 2010) - SECT 3

In this Act—

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

"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;

"Department" means the Department of Justice;

"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;

"public land" means the following—
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        (a)     land under the Crown Land (Reserves) Act 1978 including land under the Alpine Resorts Act 1983 ;

        (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 ;

        (f)     any other Crown land in Victoria that may be the subject of an application of the kind listed in the Table to section 61 of the Native Title Act ;

"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;

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

        (a)     if there is a group of persons who are the persons in the native title group in relation to the area in accordance with section 24CD of the Native Title Act , that group of persons, other than a group of persons that is a representative body under section 24CD(3)(b) of that 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
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        (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;

"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 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;

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