Traditional Owner Settlement Regulations 2017 (Vic)

Version No. 001

Traditional Owner Settlement Regulations 2017

S.R. No. 43/2017

Version as at

16 June 2017

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Responsible person to notify traditional owner group entity

6Application for enforcement order

7VCAT may notify persons of applications for enforcement orders

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Traditional Owner Settlement Regulations 2017

S.R. No. 43/2017

Version as at

16 June 2017

1Objective

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.

2Authorising provision

These Regulations are made under section 91 of the Traditional Owner Settlement Act 2010.

3Commencement

These Regulations come into operation on
16 June 2017.

4Definitions

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 Actmeans the Traditional Owner Settlement Act 2010.

5Responsible 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;

(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.

6Application 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.

7VCAT 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.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Traditional Owner Settlement Regulations 2017, S.R. No. 43/2017 were made on 14 June 2017 by the Governor in Council under section 91 of the Traditional Owner Settlement Act 2010, No. 62/2010 and came into operation on 16 June 2017: regulation 3.

The Traditional Owner Settlement Regulations 2017 will sunset 10 years after the day of making on 14 June 2027 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Traditional Owner Settlement Regulations 2017 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.