Traditional Owner Settlement (Negotiation Costs) Regulations 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Traditional Owner Settlement (Negotiation Costs) Regulations 2015 S.R. No. 109/2015 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Definitions 1 4 Calculation of negotiation costs 3 Form 1—Calculation of reasonable negotiation costs 5 ═══════════════ -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 109/2015 Traditional Owner Settlement Act 2010 Traditional Owner Settlement (Negotiation Costs) Regulations 2015 The Governor in Council makes the following Regulations: Dated: 29 September 2015 Responsible Minister: MARTIN PAKULA Attorney-General MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe the method for calculating the reasonable costs of negotiating land use activities under the Traditional Owner Settlement Act 2010. 2 Authorising provision These Regulations are made under section 91 of the Traditional Owner Settlement Act 2010. 3 Definitions In these Regulations— authorised person means either of the following who is authorised to prepare for or conduct negotiations on behalf of a traditional owner group entity under section 50 of the Act— (a) a member of the traditional owner group; -- 2 of 7 -- Traditional Owner Settlement (Negotiation Costs) Regulations 2015 S.R. No. 109/2015 2 Authorised by the Chief Parliamentary Counsel (b) an employee of the traditional owner group entity; car expenses means costs based on the method issued by the Australian Taxation Office under the Income Tax Assessment Act 1997 of the Commonwealth for individual tax assessment purposes; decision-making costs means costs based on any one or more of the following— (a) the time that an authorised person spends preparing for and conducting the negotiation under section 50 of the Act; (b) the wages, salary or fees paid to an authorised person in respect of preparing for and conducting the negotiation; (c) overheads and on-costs in respect of preparing for and conducting the negotiation; Examples Site analysis, writing reports, considering recommendations. service provider means a person who, or body that, performs any or all of the functions of a representative Aboriginal/Torres Strait Islander body within the meaning of the Native Title Act 1993 of the Commonwealth in accordance with section 203B of that Act; the Act means the Traditional Owner Settlement Act 2010; -- 3 of 7 -- Traditional Owner Settlement (Negotiation Costs) Regulations 2015 S.R. No. 109/2015 3 Authorised by the Chief Parliamentary Counsel travel allowance means the cost of accommodation, meals and incidentals based on reasonable travel allowances determined by the Australian Taxation Office under the Income Tax Assessment Act 1997 of the Commonwealth each financial year and released in a Taxation Determination; travel costs means costs based on any one or more of the following— (a) car expenses; (b) public transport; (c) a travel allowance. Examples Car expenses associated with site visits, or public transport to attend a special meeting. 4 Calculation of negotiation costs (1) For the purposes of section 52(2) of the Act, the prescribed method for calculating the reasonable costs of negotiating under section 50 of the Act is the method that— (a) uses Form 1; and (b) includes any one or more of the following costs incurred by the traditional owner group entity in preparing for and conducting the negotiation— (i) decision-making costs; (ii) the cost of professional services; Examples Legal services, economic services, geological services, engineering services. (iii) travel costs. -- 4 of 7 -- Traditional Owner Settlement (Negotiation Costs) Regulations 2015 S.R. No. 109/2015 4 Authorised by the Chief Parliamentary Counsel (2) The costs of services provided by a service provider may only be included as reasonable costs calculated in accordance with subregulation (1) if— (a) the relevant traditional owner group entity is liable to pay for services provided by the service provider; and (b) the service provider is not funded by the Commonwealth under section 203FE of the Native Title Act 1993 of the Commonwealth. (3) The reasonable costs of negotiating under section 50 of the Act are to be calculated in accordance with subregulation (1)— (a) at the end of each period of 3 months of negotiation in respect of that period; and (b) at the end of the negotiation in respect of any period for which reasonable costs have not been calculated in accordance with paragraph (a). (4) For the purposes of subregulation (3), the first period of 3 months of negotiation begins on the day on which the notice under section 49(1) of the Act in respect of the negotiation activity or agreement activity comes into effect. -- 5 of 7 -- Form 1—Calculation of reasonable negotiation costs Traditional Owner Settlement (Negotiation Costs) Regulations 2015 S.R. No. 109/2015 5 Authorised by the Chief Parliamentary Counsel Form 1—Calculation of reasonable negotiation costs Regulation 4 To: [insert name of responsible person] Address: [insert address details] The land use activity: [insert the land use activity or land use activities] Note The table of costs lists those costs incurred by the traditional owner group entity in preparing for and conducting a negotiation under section 50 of the Traditional Owner Settlement Act 2010 in relation to the land use activity specified above. Item Description Amount 1 Decision-making costs (For example, site analysis, writing reports, considering recommendations.) [specify] $ 2 Professional services costs (For example, legal services, economic services, geological services, engineering services.) [specify] $ 3 Travel costs (For example, car expenses associated with site visits, or public transport to attend a special meeting.) [specify] $ 4 Total Subtotal GST $ $ Total $ Issued for and on behalf of [insert name of traditional owner group entity] ABN [insert ABN], by the following authorised delegate of [insert name of traditional owner group entity]. -- 6 of 7 -- Form 1—Calculation of reasonable negotiation costs Traditional Owner Settlement (Negotiation Costs) Regulations 2015 S.R. No. 109/2015 6 Authorised by the Chief Parliamentary Counsel Name and position of authorised representative: [insert name] [insert position] Signed: [insert signature] Name and position of second authorised representative: [insert name] [insert position] Signed: [insert signature] ═══════════════ -- 7 of 7 --