Recommendation 33: Restriction of sale of land
Amend the Act to provide that:
a. the former reserve land at Lake Tyers is not able to be sold, or transferred or used as a security;
b. the former reserve land at Lake Tyers is not able to lease the former reserve land for a period of longer than 40 years without the consent of the Minister which can be withheld if the Minister does not consider the lease to be in the interests of the shareholders;
c. that any agreement to sell, transfer or use the former reserve land at Lake Tyers as a security is to be deemed to be void and unenforceable and that no damages or remedy can be obtained against the Trust in relation to such an agreement; and
d. the Minister is entitled to lodge a caveat over the land to ensure that the former reserve land at Lake Tyers is not transferred contrary to the Act.
Support in principle.
Further consideration is required to determine whether the proposed amendment engages property rights under section 20 of the Charter of Human Rights and Responsibilities 2006 (Vic) or other frameworks, such as article 26 of the United Nations Declaration on the Rights of Indigenous Peoples.
Further engagement with the Trust Communities is required prior to legislative amendments, to ensure self-determination is upheld and the interests of all shareholders are considered.
This recommendation will be further considered for implementation in phase two.
Recommendation 34: Using the land as a security
Amend section 11(3) of the Act to provide that Framlingham Aboriginal Trust shall not sell, mortgage, use as a security, give in exchange or otherwise dispose of any former reserve land to any person, except in accordance with a unanimous resolution of the Trust.
Support in principle.
The same considerations apply here as to Recommendation 33.
This recommendation will be further considered for implementation in phase two.
Recommendation 35: Selling land other than former reserve land
Amend the Act to provide that the resolution to sell land other than the former reserve land by Lake Tyers Aboriginal Trust or Framlingham Aboriginal Trust needs only to be approved by
80 per cent of the members present and eligible to vote.
Support in principle.
The same considerations apply here as to Recommendation 33.
This recommendation will be further considered for implementation in phase two.
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