Other Primary Legislative Requirements

Traditional Owner Settlement Act 2010

The Traditional Owner Settlement Act provides for an out-of-court settlement of native title and delivery of land justice. 

 Recognition and Settlement Agreement under the Traditional Owner Settlement Act 2010 is an attractive alternative to pursuing a native title determination as:

• It is a streamlined, expedited and cost effective approach to settling native title claims by negotiation
• It includes new outcomes to increase the proportion of Aboriginal people with access to their traditional lands and to increase economic and social opportunities in Victoria
• It contributes to reconciliation in Victoria through building stronger partnerships with Aboriginal Victorians, resolving long-standing land grievances, and strengthening communities and cultural identity
   

More on Traditional Owner Settlement Act 2010 

Native Title Act (1993)

Native title recognises the traditional rights and interests to land and waters of Aboriginal and Torres Strait Islander people. Under the Native Title Act 1993 (NTA), native title claimants can make an application to the Federal Court to have their native title recognised by Australian law (NTSV 2012).

Legislative Obligations:

The native title rights of Aboriginal people must be recognised and protected when conducting activities on Crown Land and Waters;

• A process that enables the checking of Native Title claims must be undertaken prior to commencing public works;
• VicForests must follow procedural rights, including sending notice to the relevant claimant seeking comment if a VicForests activity is determined to affect a Native Title claim;
• Activities that may affect Native Title require a Future Act Assessment; and
• Public works must comply with any conditions agreed to in an Indigenous Land Use Agreement (ILUAA) should that agreement apply to forest harvesting operations in the relevant area.
  
  More on Native Title Act (1993)

Road Management Act 2004

Providing suitable roads under the Road Management Act 2004, for the efficient transport of forest produce from VicForests' harvesting coupes is a critical component of VicForests’ business.

The components of the road network that VicForests utilises to deliver timber to customers can be broadly broken into three categories:

• State and national roads, primarily managed by VicRoads;
• Municipal roads managed by Local Government, and
• State forest roads managed by the Department of Environment, Land, Water and Planning
   

VicForests roading responsibilities and road management arrangements with DELWP are set out in the Road Management Agreement. This agreement enables DELWP and VicForests to work together to provide a suitable network of roads for the transport of timber from VicForests' managed harvesting operations. This partnership is important as DELWP is responsible for the State forest permanent road network and is the responsible road authority for these roads on public land as defined by the Road Management Act 2004.

Catchment and Land Protection Act 1994

Under the Catchment and Land Protection Act 1994, Victoria is divided into ten catchment regions and a Catchment Management Authority (CMA) is established for each region.

The CMA Statement of Obligations – July 2007 specifies Government expectations of CMAs in performing their functions and exercising their powers under the Catchment and Land Protection Act.