Victorian Numbered Acts

TRADITIONAL OWNER SETTLEMENT AMENDMENT ACT 2016 (NO. 67 OF 2016) - SECT 24

For Division 3 of Part 6 of the Principal Act substitute —

" Division 3—Agreed activities

        82     Agreed activities

    (1)     A natural resource agreement under this Part may provide for members of the traditional owner group who are bound by the agreement to carry out any of the following activities on land that is subject to the agreement—

        (a)     access, occupy and use the land;

        (b)     as to a natural resource on or depending on the land—

              (i)     access, hunt, take, use or interfere with the natural resource; or

              (ii)     cut, dig up or remove the natural resource; or

              (iii)     sell or give away any of the natural resource; or

              (iv)     any other similar activity in relation to the natural resource;

        (c)     take or use water from a waterway or bore;

        (d)     enter, remain on and camp on the land;

        (e)     gather together to conduct cultural activities on the land;

Examples

Examples of cultural activities include public meetings, festivals, entertainment activities, sporting events, recreational activities, ceremonies, demonstrations and classes.

        (f)     possess or use any animal or any equipment, vehicle or other thing on the land for the purpose of carrying out an activity specified in paragraph (a), (b), (c), (d) or (e).

    (2)     For the purpose of carrying out an agreed activity a natural resource may be—

        (a)     approached, damaged, destroyed, fished, killed, injured, obstructed, released or otherwise interfered
with; or

        (b)     possessed, kept, moved or processed; or

        (c)     felled, ringbarked or sapringed; or

        (d)     otherwise similarly dealt with.

        83     Agreement may specify scope of agreed activity

An agreement under this Part may set out, in relation to an agreed activity—

        (a)     the extent to which the activity may be carried out under the agreement; and

        (b)     any terms and conditions on which the activity may be carried out.

        84     Purposes for which agreed activity may be carried out

An agreed activity may be carried out under an agreement under this Part for—

        (a)     traditional purposes; and

        (b)     in the case of a natural resource to which paragraph (b)(i) or (iv) of the definition of natural resources in section 79 applies, commercial purposes that are consistent with the purpose for which the land is managed, if the agreement so provides.

        85     Camping

    (1)     A member of a traditional owner group who is bound by a natural resource agreement and who is acting in accordance with the agreement is not required to do the following—

        (a)     obtain any permit to camp on land that is subject to the agreement;

        (b)     pay any fee to camp on land that is subject to the agreement.

    (2)     Camping under a natural resource agreement is subject to the right of a person who holds a permit issued or granted under the Act or regulations under which the land is managed to camp on the land when the permit holder is exercising that right.

    (3)     In a natural resource agreement, camping does not include using or occupying a vehicle or other accommodation on the land that is subject to the agreement, if, under the Act or regulations under which the land is managed, a permit is required to do so on the land.

        86     Property in forest produce

Despite section 4(2) of the Forests Act 1958 , property in forest produce (within the meaning of that Act) passes to a member of a traditional owner group if the member of the traditional owner group has taken the forest produce in accordance with an agreement under this Part.".