What Is A Recognition And Settlement Agreement

For the traditional ownership groups with whom we spoke, the determination of local title was seen as a sound legal, political and symbolic process. [Note 88] A provision of the NTA gives the Crown recognition that this country was managed by the traditional ownership group prior to colonization and that some of these custody rights still exist today. [Note 5] For more information on the rural law movement in Australia, visit the National Native Title Tribunal (2017) `25 years of native title recognition`, NNTT. As part of the TOSA, Dja Dja Wurrung Clans Aboriginal Corporation (DDWCAC) entered into a recognition and transaction agreement with the Victorian government in 2013. The agreement officially recognizes the people of Dja Dja Wurrung as the traditional owner of part of Central Victoria and provides an LUAA that allows Dja Dja Wurrung to hunt, fish and collect in accordance with established conditions. Six parks and reserves in the area have been returned to Dja Dja Wurrung for joint management by traditional owners and government officials. Two properties of cultural significance were also transferred to DDWCAC for the benefit of the group. The agreement shows that, under the TOSA, land use, land restitution, joint land management and recognition by non-national title mechanisms can be achieved through a relatively short 18-month negotiation period. Again, agreements can only be reached with regard to public lands. [Note 34] There are a large number of rights that can be recognized under RSAs. Rural rights include access, enjoyment, use, use of resources and conduct of cultural and spiritual activities. [Note 35] In particular, the TOS Act makes no specific reference to water or water management rights. Nor is there any concrete evidence of exclusive rights on land or resource management in the campaign, although management rights can be negotiated, as we have explained below.

[Note 46] The “Walking Country” includes representatives of different groups of traditional landowners who walk together in adjacent areas to agree on borders. See, Aboriginal Victoria (date unknown) Walking Country to obtain a border agreement, Melbourne, Victorian Government, p. 1. You will find a map of the contract territory of the village of Taungurung below (a downloadable version can be found at the bottom of the page). Although the land law movement is not at the centre of this document, it is important to note what it made public: the realization that Australia was inhabited before the colonization of the Aboriginal peoples and Torres Strait Islander, each with its own laws and cultures, which were naturally linked to the traditional country. [Footnote 6] The recognition of the rights of traditional landowners on their traditional lands and waters is intended to address the country`s historical expropriation due to colonization.