| Term | Definition |
| Aboriginal Title | Means a grant of freehold title of the kind described in section 19 of the Traditional Owner Settlement Act 2010. Some further detail is provided on pages 55-56 of the Report. |
| Community Benefits | Means the payments made to TOGEs under the LUAA in compensation for activities on Crown land that have a significant impact on the land or on Traditional Owner rights. Some further detail is provided on pages 22-23 and 48 onwards of the Report. |
| Community Benefits Formulae | Means the formulae used to calculate Community Benefits as described in Schedule 7 of the LUAA. |
| Cultural loss | Means the cultural loss and associated hurt, suffering, and emotional harm caused by the extinguishment or impairment of native title rights, which can be compensated in the context of the Timber Creek decision. |
| DELWP | Department of Environment, Land, Water and Planning. |
| Determination | In the context of this report, determination means a determination of the Federal Court as to whether or not native title rights exist in an area of land resolving native title claims under the NTA. |
| DJCS | Department of Justice and Community Safety. |
| DJPR | Department of Jobs, Precincts and Regions. |
| EPOF | Means the Executive Policy Owners Forum, comprised of senior executives from all relevant departments and agencies, which was chaired by the Deputy Secretary, Aboriginal Justice, Department of Justice and Community Safety (DJCS). Some further detail is provided on pages 11-12 of the Report. |
| Expert commission / Expert consultant | Refers to the expert or experts that are expected to advise on how the principles contained in the Timber Creek decision should apply to the compensation model. This will include addressing questions of both economic and cultural loss, and the examination of State records. The Terms of Reference for an Expert to Advise on Compensation Matters is set out at Appendix 7. |
| Extinguishment | Means the permanent loss of native title rights. |
| Federation | Means the Federation of Victorian Traditional Owner Corporations, a statewide body that convenes Traditional Owners and advocates for their rights. The Federation facilitated the Template Review in 2018 and the First Principles Review. |
| First Right of Refusal | Refers to the government process of selling surplus public land. some further detail is provided on page 40 of the Report. |
| FPRC | Means the First Principles Review Committee comprised of Victorian Traditional Owners and individuals who work for Traditional Owner corporations. The role of the FPRC is limited to making recommendations about improving starting positions in Settlement Act negotiations, which individual Traditional Owner groups are free to accept or reject at their complete discretion. The FPRC does not represent, nor is it authorised to make decisions on behalf of, any Traditional Owner group. |
| ILUA | Means Indigenous Land Use Agreement, entered into under the NTA which binds all native title holders. Some further detail is provided on page 10 of the Report. |
| Interim Community Benefits Formulae | An agreed adjustment of the Community Benefits Formulae contained in Schedule 7 of the LUAA on an interim basis until a final position can be reached. Further detail is provided on pages 38-39 of the Report. |
| Joint Management | Means an arrangement with the State to jointly manage agreed national parks, conservation reserves and other State land with a Traditional Owner group. |
| LUAA | Means Land Use Activity Agreement. A LUAA allows Traditional Owners to comment on or consent to certain activities on public land and is included as part of the settlement package, as negotiated under the Settlement Act. |
| LUAR | Means Land Use Activity Regime. The LUAR is established by the Settlement Act and the LUAA and is a simplified alternative to the future acts regime under the NTA. Some further detail is provided on page 48 onwards of the Report. |
| NRA | Means Natural Resource Agreement. Some further detail is provided on page 41 onwards of the Report. |
| NTA | Means Native Title Act 1993 (Cth). |
| Participation Strategies | Means strategies developed between the State and a Traditional Owner group, and recorded in the RSA, setting out ways of engaging with State agencies and departments with respect to natural resource management. |
| Partnership Forum | Means a meeting between the State and Traditional Owner group of the kind described in the NRA, at which all issues relating to natural resources can be raised and discussed between the parties. |
| Public Land | Has the same meaning as in the Traditional Owner Settlement Act 2010 (Vic), defined to mean: (a) land under the Crown Land (Reserves) Act 1978, other than land in any alpine resort; (b) land in any park within the meaning of the National Parks Act 1975; (c) reserved forest within the meaning of the Forests Act 1958; (d) unreserved Crown land under the Land Act 1958; (e) land in any Nature Reserve or State Wildlife Reserve, within the meaning of the Wildlife Act 1975, other than land in a State Game Reserve (within the meaning of that Act). |
| RDA | Means the Racial Discrimination Act 1975 (Cth), enacted by the Commonwealth Parliament, and coming into force on 31 October 1975. |
| Resourcing Policy | means what is required for a TOGE to be “sustainably funded to deliver a TOS Act settlement’s benefits to members”. Some further detail is provided on page 23 onwards of the Report. |
| Review | Means the First Principles Review. |
| RSA | Means Recognition and Settlement Agreement. Some further detail is provided on page 8 onwards of the Report. |
| Settlement Act | Means the Traditional Owner Settlement Act 2010 (Vic). Further detail is provided on page 8 onwards of the Report. |
| Settlement Act forum | Means the proposed ongoing forum for continuing to review and progress issues Victorian Traditional Owners have identified with the Settlement Act. Further detail is provided on page 58 onwards of the Report. |
| Settlement Package | Means the RSA and associated agreements, the outcome of negotiation under the Settlement Act. Further detail is provided at page 8 onwards of the Report. |
| Settlement Sum | Means the financial component of a Settlement Act agreement. Some further detail is provided on page 14 onwards of the Report. |
| Threshold Guidelines | Means guidelines developed by the State, with input from key stakeholders, including the VTOLJG, for Traditional Owner groups who are seeking a settlement under the Traditional Owner Settlement Act 2010 (Vic). The use of the Threshold Guidelines is currently on hold. |
| Timber Creek decision | Means the decision of the High Court of Australia in Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [No 2] [2019] HCA 19. |
| TLaWC | Means Taungurung Land and Waters Council |
| TOGE | Means Traditional Owner Group Entity, the corporate entity nominated to enter into the RSA and the legal vehicle used to hold Traditional Owner rights and funds on behalf of the Traditional Owner group. |
| TOLNRA | Means Traditional Owner Land Natural Resource Agreement. Further detail can be found on page 46 of the Report. |
| TOS Act | Means the Traditional Owner Settlement Act 2010 (Vic). Further detail is provided on page 8 onwards of the Report. The TOS Act is also referred to in this Report as the Settlement Act. |
| Treaty Act | means the Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic). |
| UNDRIP | Means the United Nations Declaration on the Rights of Indigenous Peoples. |
| VCAT | Means Victorian Civil and Administrative Tribunal. |
| VTOLJG | Means the Victorian Traditional Owner Land Justice Group. Some further detail is provided on page 5 of the Report. |
| VTOT | Means the Victorian Traditional Owners Trust. |
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