Victorian Current Acts

TRADITIONAL OWNER SETTLEMENT ACT 2010 - SECT 79

In this Part—

S. 79 def. of agreed activity inserted by No. 67/2016 s. 19(5).

"agreed activity" means an activity that a member of a traditional owner group may carry out under provisions of an agreement under this Part made under section 82;

S. 79 def. of authorisation order repealed by No. 67/2016 s. 19(1).

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"fauna" has the same meaning as in the Flora and Fauna Guarantee Act 1988 ;

"fish" has the same meaning as in section 5 of the Fisheries Act 1995 ;

"flora" has the same meaning as in the Flora and Fauna Guarantee Act 1988 ;

S. 79 def. of forest produce substituted by No. 67/2016 s. 19(2).

"forest produce" means the following—

        (a)     all parts of trees or plants, including any parts below the ground;

        (b)     the products of trees or plants, whether or not those products have become separated from those trees or plants before being harvested and includes the following—

              (i)     honey;

              (ii)     beeswax;

              (iii)     oil distilled from any species of eucalypt;

              (iv)     firewood;

S. 79 def. of natural resources substituted by No. 67/2016 s. 19(3), amended by No. 24/2024 s. 68(1).

"natural resources" means—

        (a)     land; and

        (b)     in relation to land the following—

              (i)     vegetation, including flora and forest produce, on or depending on the land;

              (ii)     animals, including fauna and fish, whether of any taxon or community and whether wildlife or introduced animals, on or depending on the land;

              (iii)     water (whether or not it contains impurities) that is in, on or under the land;

              (iv)     stone, gravel, limestone, lime salt, sand, loam, clay, brick, earth, salt, guano, shell grit, soil and other similar materials, but not gold, silver, metals or minerals;

S. 79 def. of relevant Minister inserted by No. 67/2016 s. 19(5).

"relevant Minister"—

        (a)     in relation to land that is the subject of a natural resource agreement, means the Minister administering the Act under which the land is occupied, used, controlled and managed; and

        (b)     in relation to any natural resource (other than land) that is the subject of a natural resource agreement, means—

              (i)     the Minister administering the provisions of the Act under which the natural resource is managed; and

              (ii)     for animal welfare, the Minister administering section 9 of the Prevention of Cruelty to Animals Act 1986 ;

S. 79 def. of timber resources inserted by No. 67/2016 s. 19(5), repealed by No. 24/2024 s. 68(2).

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S. 79 def. of traditional purposes amended by No. 4/2013 s. 22, substituted by No. 67/2016 s. 19(4).

"traditional purposes", in relation to a traditional owner group, means the purposes of providing for—

        (a)     any personal or domestic needs of the members of the traditional owner group; or

        (b)     any non-commercial communal needs of the members of the traditional owner group;

"wildlife" has the same meaning as in the Wildlife Act 1975 .

Division 2—Natural resource agreements