Traditional Owner Settlement Regulations 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Traditional Owner Settlement Regulations 2017 S.R. No. 43/2017 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Definitions 2 5 Responsible person to notify traditional owner group entity 2 6 Application for enforcement order 4 7 VCAT may notify persons of applications for enforcement orders 4 ═════════════ -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2017 S.R. No. 43/2017 Traditional Owner Settlement Act 2010 Traditional Owner Settlement Regulations 2017 The Governor in Council makes the following Regulations: Dated: 14 June 2017 Responsible Minister: MARTIN PAKULA Attorney-General ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe for the purposes of the Traditional Owner Settlement Act 2010— (a) the matters to be set out in a notice provided as part of a negotiation process; and (b) other matters necessary to be prescribed for that Act. 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 16 June 2017. -- 2 of 5 -- Traditional Owner Settlement Regulations 2017 S.R. No. 43/2017 2 Authorised by the Chief Parliamentary Counsel 4 Definitions In these Regulations— business day means a day that is not— (a) a Saturday or a Sunday; or (b) a day that is appointed as a public holiday or a public half-holiday throughout the whole of Victoria under the Public Holidays Act 1993; the Act means the Traditional Owner Settlement Act 2010. 5 Responsible person to notify traditional owner group entity For the purposes of section 49(2) of the Act the following matters are prescribed— (a) the name of the relevant— (i) responsible person; or (ii) decision maker; or (iii) body responsible under an Act under which the relevant agreement land is managed for the management of the agreement land; (b) the contact details of a relevant person or body identified in paragraph (a); (c) the date on which the notice is given to the relevant traditional owner group entity; (d) a detailed description of the proposed negotiation activity or agreement activity; (e) the purpose of the proposed negotiation activity or agreement activity; -- 3 of 5 -- Traditional Owner Settlement Regulations 2017 S.R. No. 43/2017 3 Authorised by the Chief Parliamentary Counsel (f) a detailed description of any project that the proposed negotiation activity or agreement activity forms a part, and the relationship between the project and the proposed negotiation activity or agreement activity; (g) the classification of the proposed negotiation activity in the relevant land use activity agreement; (h) the authority or relevant provision of the Act or any other Act under which the proposed negotiation activity or agreement activity is authorised; (i) the relevant period during which the proposed negotiation activity or agreement activity is to be carried out; (j) any plan in respect to the carrying out of the proposed negotiation activity or agreement activity; (k) a detailed description or map showing the area of the agreement land on which the proposed negotiation activity or agreement activity is to be carried out; (l) a statement of the requirement to negotiate in good faith under section 50(1) of the Act; (m) a summary of the process to be followed by the relevant responsible person and the traditional owner group entity to reach an agreement in respect of the proposed negotiation activity or agreement activity; (n) any determination of the monetary value of the relevant agreement land or information held by the relevant responsible person that may assist in the making of a determination that is relevant to the consideration of a community benefit. -- 4 of 5 -- Traditional Owner Settlement Regulations 2017 S.R. No. 43/2017 4 Authorised by the Chief Parliamentary Counsel 6 Application for enforcement order For the purposes of section 66A(3)(b) of the Act the prescribed period is 15 business days from the date of a notice under section 66A(2) of the Act. 7 VCAT may notify persons of applications for enforcement orders For the purposes of section 66C(2)(b) of the Act, the prescribed period is 15 business days from the date of a notice under section 66C(1) of the Act. ═════════════ -- 5 of 5 --