The Gunaikurnai native title settlement package of 2010 included a consent determination and Indigenous Land Use Agreement. In addition there were a number of agreements under the Traditional Owner Settlement Act 2010 and Conservation Forests and Lands Act 1987 which includes a Recognition and Settlement Agreement (RSA), a Land Agreement and a Traditional Owner Land Management Agreement.
The below provides a summary of what each agreement does:
- The consent determination and the RSA of October 2010 recognises the Gunaikurnai peoples’ connection with the land.
- The Land Agreement (which is part of the RSA) is the agreement through which Aboriginal Title is granted.
- The TOLMA (which sits under the Land Agreement and RSA) sets out the commitment and parameters for establishing a Traditional Owner Land Management Board.
TOS Act & Aboriginal Title
Section 23 of the TOS Act specifies that before Aboriginal Title is granted a TOLMA must be agreed under s82P CFL Act. The TOLMA records the commitment to establish the Traditional Owner Land Management Board and appoint its members. Aboriginal Title will be granted over the 10 areas of land subject to the TOLMA.
What is the Victorian Traditional Owner Settlement Act?
The Traditional Owner Settlement Act 2010 is a Victorian law which provides for an out-of-court settlement of native title and resolution of land justice.
The Act allows the Victorian Government to make agreements with Traditional Owners to recognise their relationship to land, and provide for certain rights on Crown land and other benefits. In return for entering into a settlement Traditional Owners must agree to withdraw any native title claim they have pursuant to the Commonwealth Native Title Act 1993, and to not make a claim in the future.
Traditional Owner groups may still pursue a formal determination of native title under the Native Title Act 1993, through the Federal Court process if they wish.
Agreement between the State and the Gunaikurnai
On 22 October 2010 the Federal Court recognised that the Gunaikurnai holds native title over much of Gippsland.
On the same day, the State entered into an agreement with the Gunaikurnai (Recognition and Settlement Agreement) under the Traditional Owner Settlement Act 2010. The Agreement between the State and the Gunaikurnai is the first under the Traditional Owner Settlement Act 2010.
The Agreement area extends from west Gippsland near Warragul, east to the Snowy River and north to the Great Dividing Range. It also includes 200m of sea country offshore. The determination of native title under the Native Title Act 1993 covers the same area.
Native title is taken to be extinguished on grants of freehold land (private land) and by crown land subject to public works (roads, public development etc). Therefore the agreement and the native title determination only affect undeveloped Crown land within the Gippsland region.
What does the agreement include?
- Transfer of 10 the parks and reserves listed below to the Gunaikurnai as ‘Aboriginal Title’ to be jointly managed by the Gunaikurnai and the State.
- Rights for Gunaikurnai people to access and use Crown land for traditional purposes, including hunting, fishing, camping and gathering in accordance with existing laws.
- Funding for the Gunaikurnai to invest in economic development and cultural strengthening opportunities and to meet their obligations under the settlement
The 10 Parks and Reserves
- The Knob Reserve, Stratford
- New Guinea Cave (within Snowy River National Park)
- Tarra Bulga National Park
- Lake Tyers Catchment Area
- Mitchell River National Parks
- Buchan Caves Reserve
- Lakes National Park
- Gippsland Lakes Reserve at Raymond Island
- Gippsland Lakes Coastal Park
- Corringle Foreshore Reserve
What changes will there be to National Parks and Reserves?
All land subject to Aboriginal Title will continue to be managed consistent with the applicable public land legislation. Existing access and use rights (including existing licences, leases or permits on Crown land) will not be affected.
A Traditional Owner Land Management Board (TOLMB) will be established including Gunaikurnai and other representatives. The Board will manage all the jointly managed parks and reserves within the agreement area. The Board will develop a Management Plan with the Department of Environment and Primary Industries that will set the strategic direction for the land. A Management Plan will be subject to public consultation and final approval from the Minister for Environment and Climate Change. It must also be consistent with legislation and policies applicable to that public land reservation.
Other Key Legislation:
- Traditional Owner Settlement Act 2010
- National Parks Act 1975
- Crown Land (Reserves) act 1978
- Forests Act 1958
- Public Administration Act 2004 (Vic)
- Conservation, Forests and Land Act 1987