After you have determined whether the Taungurung Land Use Activity Agreement (LUAA) applies to the land in question, you must then determine how the LUAA categorises your intended activity.

The following questions will help you to work out how the LUAA classifies the activity you are interested in. Work your way through the questions from top to bottom. For each question, click on the heading to see an explanation. In some sections there are links to detailed definitions on the Glossary page.

If you are unsure how an activity is classified in the LUAA, after reading the LUAA and these guidance materials, consult with others in your organisation and with the Taungurung Land and Waters Council (TLaWC).

If an activity is capable of falling into two categories, the LUAA states that the higher level of procedural rights shall apply.

Preliminary questions

 

Are there multiple activities?

A project or program of works may include several LUAA ‘activities’. If so, assess each activity separately and follow the LUAA process for each one.

It may be convenient, when planning such a program, to notify TLaWC of the scope of activities in that program. You can then discuss when and how best to manage the formal notifications required by the LUAA.

For some Major Public Works, a grant or variation of a Public Land Authorisation (PLA) is required. The LUAA clarifies that in these cases, the PLA is not treated as a separate matter for negotiation and Community Benefits. It is treated as a component of the Major Public Works.

In all other cases, if a single project or enterprise includes multiple Negotiation or Agreement activities, then Schedule 6 of the LUAA sets out a joint process to be followed for all activities forming that project.

 

Is it an emergency activity during an emergency?

An activity can proceed without prior notification if:

  • it is undertaken during an emergency, and
  • the activity is for the purpose of protecting life, property or the environment.

As soon as practicable afterwards, the decision maker must inform TLaWC of what has been done during the emergency.

Any works or other activities conducted after the emergency has passed are classified by the LUAA in the usual way.

Further guidance 

‘Emergency’ and the associated purposes are not further defined in the LUAA or the Traditional Owner Settlement Act.

‘Planned controlled burning’ is an Advisory activity (see below), so the Advisory process must be followed before the activity commences. Occasionally, a planned burn gets out of control and develops into an emergency situation. In that emergency, additional activities undertaken for the purpose of protecting life, property or the environment would not require advance notification to TLaWC.

 

Is it already authorised?

Activities under existing legal authorisations

Activities carried out within the terms of a Public Land Authorisation or other authorisations described in the LUAA, are exempt from the LUAA if the authorisation was granted either:

  • before 11 August 2020, or
  • in compliance with the Traditional Owner Settlement Act 2010 (which gives legal effect to the LUAA).

However, Major Public Works that were contemplated by such an authorisation, but which had not commenced construction by 11 August 2020, are subject to the LUAA.

Activities under a Joint Management Plan

The Taungurung RSA provides for certain National Parks (together with State Parks, a Regional Park and a Flora & Fauna Reserve) to be returned to TLaWC as Aboriginal Title. These areas are managed by the Taungurung Traditional Owner Land Management Board.

Where this has occurred, and the Board has created a Joint Management Plan for that land, the LUAA authorises activities if they:

  • occur wholly on the land subject to the Plan
  • are consistent with that Plan, and
  • would otherwise have been Advisory activities.
 

Is it an activity, or a Plan to conduct activities?

Management and working plans under listed Acts

The creation of management plans or working plans made under the following Acts are Advisory activities:

  • Fisheries Act 1995
  • National Parks Act 1975
  • Wildlife Act 1975 ·
  • Marine and Coastal Act 2018 
  • Water Act 1989 
  • Forests Act 1958.​​​​​​
Timber release plans Type of LUAA activity

Publication of a notice of a new timber release plan under the Sustainable Forests (Timber) Act 2004

Negotiation (Class B) activity

Publication of a notice of a change to a timber release plan

Advisory activity

Other plans

In all other cases, the LUAA does not affect the creation of a plan. There is no obligation to consult or negotiate with TLaWC when preparing zoning plans or other kinds of plans not listed above.

That said, it is both efficient and appropriate (in the spirit of ‘a meaningful partnership based on mutual respect’) to engage informally with TLaWC early in the course of any planning.

Although the planning itself may not be regulated by the LUAA, your plan may include a number of specific activities that will be. When you create such a plan, you could then formally notify TLaWC of those activities well in advance. This would allow plenty of time to work through any Advisory, Negotiation or Agreement processes required for each activity.

Works on public land

 

Is it maintenance or 'low impact' works?

The LUAA classifies ‘maintenance and other low impact works’ as Routine activities.

These activities include, but are not limited to:

  • maintenance of minor public works or other infrastructure
  • maintenance of grounds, roads and tracks (e.g. weed control or grass cutting)
  • the maintenance or replacement of existing fences, gates and signage (not including the erection of new fences, gates or signage that prohibit access by Taungurung people wishing to exercise Traditional Owner Rights).

The term ‘low impact works’ is not defined in the LUAA or the Traditional Owner Settlement Act 2010. It does not include the construction of Minor Public Works (see below). It may be useful to refer to the meaning of ‘low impact future acts’ in the Native Title Act 1993 (Cth) for some guidance. However, note that some activities included in that context are specifically listed in the LUAA as Advisory activities.

 

Is it a listed 'land management activity'?

The LUAA classifies the following land management activities as Advisory activities:

  • the planned controlled burning of the land
  • regeneration works and associated activities
  • the rehabilitation of vegetation, or a lake, river, creek or stream
  • the destruction of rabbit warrens
  • sand bypassing and dredging
  • land management activities in an Alpine resort, outside a leased area, that are not Routine activities.

These activities are not defined any further in the LUAA or the Traditional Owner Settlement Act 2010.

Note that some large scale programs of works may include a number of different LUAA activities. If so, each activity should be assessed separately for its LUAA requirements (see ‘Are there multiple activities?’ above).

 

Is it Specified Public Works?

Major Public Works are Negotiation Class B activities

Minor Public Works are Advisory activities

The LUAA’s classification may differ from other ways of classifying ‘major’ works, such as in planning schemes or budgeting processes. Specified Public Works in an Alpine resort, outside a leased area, are Advisory activities. This table shows related kinds of works side by side, to aid your assessment. Where key terms are underlined, check their definitions in the Glossary then return to this page.

Major Public Works Minor Public Works are, or are similar to:

Construction of a New Vehicular Road including new roads, vehicular tracks, railways or bridges

Walking track

Other track (where the affected land has been disturbed from prior works)

Car park

Road Works on an existing road, where the works extend beyond the road reserve (if any), or else more than 1m beyond the footprint of the existing road and its associated infrastructure.

Road Works on an existing road that occur within any road reserve, or else within 1m of the footprint of the road and its associated infrastructure.

Construction of public recreation or sports facilities where earthmoving is required

Sport and recreation facility where no earthmoving is required

Lighting of public places

Toilet block

Picnic facility

Jetty or wharf

Construction of new educational, health or emergency service facilities, or similar

Storage shed

Navigation marker or navigational facility

Automatic weather station or tower

Fish ladder

Pump, bore or other works on a waterway

Tide gauge

Any activities that will have a similar impact on the land to those above (and are not a Major Public Work)

A project declared to be a major project (or similar) in legislation, or enabled through an Act of Parliament

No equivalent

The construction of infrastructure through a public–private partnership

A project for a public purpose that involves:

  • the alienation of public land by a grant in fee simple, or
  • a commercial lease for more than 10 years, or
  • a community-purpose lease for more than 21 years.

No equivalent

A Specified Public Work undertaken by a Utility, including:

  • an electricity transmission or distribution facility
  • a gas transmission or distribution facility
  • a cable, antenna, tower or other communications facility
  • a pipeline or other water supply or reticulation facility
  • a drainage facility. Or a levee or device for the management of water flows
  • an irrigation channel or other irrigation facility
  • a sewerage facility.

Work by telecommunications carriers of the type described in the Schedule to the Telecommunications (Low Impact Facilities) Determination 2018 (Cth). This includes:

  • certain kinds of cables, antennas, small radio tower extensions, in specified kinds of areas
  • pits, pillars, pedestals and other equipment shelters, etc, in specified kinds of areas

Any other works carried out by, or on behalf of, the Crown that will require the exclusion of the public for effective operation.

Other minor works carried out by or on behalf of the Crown which fall within the definition of a Specified Public Work.

Any public works carried out an Alpine Resort that are not Routine activities are Advisory activities.

 

Is it land clearing, or other major works, for commercial purposes?

Land clearing or Major Works for a commercial purpose (check the definition), without a Public Land Authorisation (lease, licence or permit), are generally Agreement activities.

‘Major Works’ is defined in the LUAA, but not in the same way as ‘Major Public Works.’ It means any works which have a substantial impact on the physical quality of the land, having regard to the size and scale of the activity.

Within an Alpine resort (outside leased areas), such works are Advisory activities. On all other public land, they are Agreement activities.

Other land clearing or major works

In many cases, land clearing or major works for a commercial purpose cannot be conducted on public land without a lease, licence or permit. Where such a Public Land Authorisation (PLA) is being granted or varied, see below for its classification under the LUAA.

Activities conducted pursuant to a valid PLA are authorised under the LUAA.

Where land clearing is part of a Specified Public Work see above for the LUAA classification of that public work.

Authorisations, approvals and consents

 

Is it a Public Land Authorisation (lease, licence or permit)?

Many, but not all, kinds of leases, licences, permits, and consents are Public Land Authorisations (PLA) that the LUAA regulates.

One notable exception is Planning Permits under the Planning and Environment Act 1987. Issuing such permits is not a land use activity regulated by the LUAA.

If a lease, licence or permit is for a Specified Public Work the nature of the work (major or minor) determines the activity category, not the lease. See Is it a specified public work? above.

Agricultural Leases

Where a lease is an Agricultural Lease, its classification under the LUAA depends on the amount of land included.

Size of agricultural lease Type of LUAA activity

Less than 40 hectares

Advisory activity

40 hectares or more

Negotiation (Class A) activity

Specific types of Public Land Authorisations

The LUAA also classifies certain other types of PLA according to their purpose or type.

Type of PLA Type of LUAA activity

Licence over an unused road (paper road)

Routine activity

Lease, licence or permit in an Alpine resort

Advisory activity

Licences for:

  • bee farming
  • grazing or stock
  • forest produce
    (e.g., the taking of tree ferns, leaves, flowers, sleepers, eucalyptus oil, seed, posts, poles and timber), or
  • extractive materials (e.g., the taking or use of gravel, limestone, sand, or salt)

Advisory activity

Recreation or event permits (for example, car rallies, rave parties, rogaining/orienteering or mountain biking)

Advisory activity

Carbon Sequestration Agreement

Agreement activity

Other types of Public Land Authorisations

The LUAA’s treatment of all other Public Land Authorisations is determined by:

  • the term of the PLA (its duration, including any extensions or options); and
  • in some cases, the purpose of the PLA.

Use the following tables to categorise any lease, licence or permit not listed above. Please read the definitions of ‘commercial’ and ‘community’ purposes, as they have specific meanings in the LUAA.

Permit or licence

Term and purpose LUAA Activity

Up to 10 years

Routine activity

Over 10 years, community purpose

Advisory activity

Over 10 years, commercial purpose

Negotiation (Class B) activity

Lease (commercial purpose)

Term LUAA Activity

Up to 10 years

Advisory activity

Over 10 years and up to 21 years

Negotiation (Class A) activity

Over 21 years

Agreement activity

Lease (community purpose)

Term LUAA activity

Up to 21 years

Advisory activity

Over 21 years

Negotiation (Class B) activity

Public Land Authorisations within an Alpine Resort

The grant of any PLA within an Alpine Resort, if not a Routine activity, is an Advisory activity.

 

Is it an Earth Resource or Infrastructure Authorisation?

The LUAA groups mining and energy related authorisations under the general term Earth Resource or Infrastructure Authorisation (ERIA).

The following table shows how the LUAA categorises each ERIA activity. Please read the hyperlinked definitions for key terms.

Type of ERIA activity Type of LUAA activity

Exploration, retention or prospecting authorisation, if the applicant agrees in writing to comply with the current ERIA Conditions.

Note that these conditions create ongoing responsibilities for the holder of the authorisation or licence. Breach of these conditions would expose that person to sanctions.

Routine activity

Stone extraction authorisation, from an existing quarry or reserve recommended for that purpose.

Advisory activity

Pre-licence survey under Part 4 Division 2 of the Pipelines Act 2005 (Vic) for a proposed pipeline that is for the purposes of the establishment, use or operation of any Specified Public Work

Advisory activity

Exploration, retention or prospecting authorisation, if the applicant does not agree in writing to comply with the current ERIA Conditions

Negotiation (Class A) activity

Authorisations for commercial development or production, other than those listed above

Negotiation (Class A) activity

 

Is it a fisheries authorisation?

Most authorisations under the Fisheries Act 1995 are either:

  • Routine activities under the LUAA, or
  • not mentioned in the LUAA, and therefore not regulated by it.

The exceptions are as follows:

Type of fisheries licence Type of LUAA activity

Issuing an access licence under section 38 of the Fisheries Act 1995

Advisory activities

Issuing an aquaculture licence under section 43 of the Fisheries Act 1995

Negotiation (Class B) activity

Note that renewing or transferring the above licences are not Advisory activities. The LUAA does not regulate such renewals or transfers.

Change to legal status of land

 

Is it a change to the reservation status of land?

Changes of status of reservation land as listed below are Advisory activities.

  • New reservation of public land, proclamation of an area as Protected Forest, or classification of a State Wildlife Reserve
  • Change of reservation boundaries, Gazetted change of reservation purpose, or Gazetted declaration that land within a reserved forest is set aside for a specific purpose
  • Revocation of reservation, or excision of land from a reserved forest. 
 

Is it a sale or transfer of land?

In general, the grant of freehold title to parcels of public land covered by the LUAA (e.g., the sale of public land) is an Agreement activity. It cannot proceed without the consent of TLaWC.

The only exceptions are:

  • a grant of Aboriginal Title (freehold title subject to certain conditions) to the Traditional Owners
  • a grant made to facilitate a project that is for a public purpose
  • transfers of land between statutory authorities.

In these three cases, there are no LUAA requirements for the grant or transfer.

The transfer of title to existing freehold land is not subject to the LUAA.

Next steps

Now that you have determined what kind of activity is being proposed, read What’s the process?  to see the steps you need to follow.

If you are still uncertain about how the activity is classified, contact TLaWC  to discuss it with them.

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