Victorian Parliament passes the Traditional Owner Settlement Amendment Bill 2012

The Victorian Parliament has passed the Traditional Owner Settlement Amendment Bill 2012. The Bill will now go to the Governor for royal assent. It was passed by the Legislative Assembly and then introduced into the Legislative Council on 13 December 2012.

This Bill aims to facilitate economic development, making a number of amendments to the Traditional Owner Settlement Act 2010 (the Principal Act) and related and consequential amendments to the Climate Change Act 2010, Flora and Fauna Guarantee Act 1988, Forests Act 1958, Planning and Environment Act 1987, Water Act 1989 and Wildlife Act 1975.

The Bill contains amendments designed to increase the capacity to reach native title settlements by widening the entitlement of members of a traditional owner group to exercise their rights under an agreed natural resource authorisation order, for example, by removing the requirement that Traditional Owners should be a member of a Traditional Owner Corporation to enjoy the benefits of a natural resource authorisation. The Bill also contains an amendment that aims to reduce red tape by enabling carbon sequestration projects on Aboriginal title land, and providing for a natural resource agreement to allow for access to natural resources for commercial uses as well as traditional purposes.

Other purposes of the Bill include making amendments to the Traditional Owner Settlement Act 2010 in order to:

• elucidate the definition of traditional owner group and the connection between particular agreements entered into in relation to a traditional owner group;

• provide that a land use activity on land within an alpine resort cannot be a negotiation or agreement activity (although Traditional Owners may still use Native Title Act 1993 (Cth) as an alternative route for seeking procedural rights over alpine resorts).

• include a broader range of permits, licences and agreements in the definition of land use activities, allowing them to be included in a land use activity agreement;

• provide for the Minister to make directions concerning consultation with traditional owner group entities.

More information is available here.

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