The TOS Act facilitates agreements between a traditional Owner group and the Crown (the Victorian government). The higher agreement is called the Recognition and Concord Agreement (RSA). A LUAA must list the specific land use activities under the agreement, which are divided into different categories. Each activity category has rules on how activities can take place. This judgment is a key point in Australian history. It created limited leeway for the development of traditional laws and customs over time, despite the inherent effects that colonization would have had on the observance of its traditional laws and customs by any demanding group. This burden would disproportionately affect applicants in areas subject to large-scale colonisation, such as Melbourne and Victoria in the broad sense. To this heavy burden of proof was added the administrative burden inherent in the NTA: mediation or trial proceedings, which in some cases lasted more than a decade. [footnote 17] These obvious difficulties for future national securities have led a number of groups to call for an alternative settlement process.
The in-depth process of transaction negotiations is illustrated in Figure 4 below. During this process, traditional ownership groups are encouraged to increase any potential outcomes they wish to negotiate through the TOS Act. However, a number of factors prevent the desired outcomes from being part of a possible agreement. These obstacles can include restrictions on state funding, changes in departmental policy, and a complex regulatory environment. With regard to the latter, Victorian government negotiators are working in detail on the relevant laws in order to obtain the necessary legal exceptions. In October 2010, the State and people of Gunaikurnai entered into an agreement that formally recognizes the Gunaikurnai people as the traditional owners of an area located in Gippsland, east victoria, and recognizes that the Gunaikurnai have indigenous title to the territories of Crown Country in that region. Victoria signed the largest national title in the state`s history, recognized Taungurung as the traditional owner in central Victoria and awarded a comparison of more than $33 million. Generally speaking, Part A aims to determine whether the group of applicants is the right group for the country. Local governments have close day-to-day working relationships with traditional landlord societies and areas subject to colonization are often geographically extensive. For example, the contract area for the Dja Dja Wurung settlement includes 11 different LGAs. Establishing working relationships with each LGA can be a resource burden for traditional owner companies. Providing better support to local governments on issues related to the nature and purpose of SST action agreements and the role that local government can play can strengthen overall management outcomes.
The Aboriginal Heritage Act continues to interact with NTA and TOS in terms of how PMs are registered. If a party applying for the RAP has a TOS Act regulation or national title provision, the Aboriginal Heritage Board must approve the group as the RAP for that area. . . .