What can you expect when engaging with BGLC (Barengi Gadjin Land Council) for an Advisory or Negotiation process?
This page was drafted in close consultation with BGLC. Of course, nothing stated here binds or limits the ways that BGLC might respond to a notification.
BGLC aspirations
BGLC will always seek opportunities to contribute to the wellbeing of the WJJWJ Peoples through LUAA notifications.
The LUAA is part of the broader Recognition and Settlement Agreement that is aimed at respecting the WJJWJ Peoples as Traditional Owners. This goal includes acknowledging their unique culture and knowledge of traditional land, and addressing the consequences of government policy and practice that led to dispossession and disadvantage.
Possible outcomes from the RSA include:
- recognition of the WJJWJ Peoples as Traditional Owners
- promoting respect for WJJWJ culture
- protection of cultural heritage
- employment and enterprise opportunities
- land management outcomes.
BGLC's Growing What is Good Dya (Country) Plan sets out the aspirations of the WJJWJ Peoples for the short, medium and long term. It informs BGLC's responses to LUAA notification. The plan looks ahead to the next 10 years, with goals regarding People, Culture, Country, Community, Voice & Self-Determination, and Economic Sustainability.
Principles of Engagement
BGLC has set out the following Principles of Engagement, and requests that all agencies and individuals follow them when engaging with BGLC.
Respect
- Always acknowledge Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples as the Traditional Owners of Wotjobaluk Country
- Listen to and centre the voices of WJJWJ Peoples
- Recognise Barengi Gadjin Land Council’s authority to speak for Country and Culture
Free, Prior & Informed Consent
- All engagement must involve early, informed consultation
- Barengi Gadjin Land Council must have sufficient time and information to consider requests
- Consent must be voluntary and culturally informed
Benefit
- Engagement must result in tangible outcomes for the WJJWJ Peoples
- Embed strong engagement principles by involving the WJJWJ Peoples in meaningful decision-making, ensuring early and genuine consultation, and delivering tangible benefits. Tokenistic or symbolic-only consultation is not acceptable.
Examples of LUAA outcomes
Outcomes from LUAA notifications may include, for example:
- installing signs at strategic locations that recognise the WJJWJ Peoples as Traditional Owners
- acknowledging WJJWJ support for important community facilities
- engaging WJJWJ people to provide design input or interpretative information, which can enhance visitor or user experience of the relevant facilities
- incorporating Dyaling (language) in projects
- securing internships/job placements for WJJWJ members and grants to WJJWJ artists
- ensuring that WJJWJ cultural heritage is protected (as is required by the Aboriginal Heritage Act 2006).
BGLC provides a range of services that may be relevant to a land manager's project. Visit BGLC's website for more information.
Benefits to land managers
Active engagement with BGLC also benefit organisations who are public land managers. These can include:
- relationship building (leading to a more cohesive and inclusive community)
- access to unique design and landscape knowledge
- efficient and cost-effective services
- more diverse workplaces
- enhanced perspectives on proposed developments
- progress towards social responsibility and reconciliation goals.
Timeframes
Land managers should consider LUAA requirements when planning projects. Each project will differ, but some general guidance on timeframes specified in the LUAA (and related documents) follows, along with ideas about how to make LUAA processes as efficient as possible.
Advisory activities
Notifications for Advisory activities must allow at least 28 days for BGLC to respond. On occasions, BGLC might request additional time, to allow more information to be provided or to enable traditional owners to properly consider the matter.
After receiving a response, there’s no fixed timeline for further consultation and decision making. You should allow a reasonable time to consider BGLC's response on its merits, take any further steps as appropriate (which might include, for example, meeting with BGLC or visits to the site), and then decide whether and how to proceed with the land use activity.
Negotiation activities
Notifications for Negotiation activities don’t specify a time for the initial response. However, they may mention that if agreement cannot be reached within 6 months of good faith negotiations, either party may seek an order from VCAT. (See LUAA Guidance Overview for more information about VCAT orders.)
Making the processes efficient
BGLC is governed by a board of directors that meets monthly to consider LUAA notifications (along with its other business). BGLC can usually respond within 28 days if all necessary information is provided at the outset, including precise information and clear maps. (See What’s the process? for details of what information is required.)
Please note that BGLC has limited staff, and its directors are volunteers. At times, BGLC cannot easily respond immediately. Engaging with BGLC about planned activities before formal notification can reduce response time and, more importantly, enhance outcomes.
Delays can also occur if legal issues arise, such as the correct method of valuing land affected by a Negotiation activity.
Financial considerations
Land managers should also factor financial considerations into their planning and budgeting. While it is not possible to identify these with precision, the following information may assist.
Advisory activities
The LUAA and legislation do not prescribe financial costs for Advisory activities. Of course, suggestions or requests from BGLC (such as for signage or project design alterations) may have financial implications; land managers should decide such requests with reference to benefits and costs.
For some Advisory activities, BGLC may remind land managers of their obligations under the Aboriginal Heritage Act 2006. These costs could include, for example, that of providing the opportunity for BGLC to undertake a site visit prior to excavation or construction, or of having a cultural heritage monitor present during works. But these are not new or additional costs arising from the LUAA.
Negotiation and Agreement activities
The LUAA and Traditional Owner Settlement Act mention two sets of financial considerations regarding Negotiation and Agreement activities: community benefits, and reasonable negotiation costs.
Community benefits are one of the matters to be negotiated with BGLC in any Negotiation or Agreement process under the LUAA. The State has committed to paying community benefits for Negotiation activities and Agreement activities according to formulae in the LUAA. The formulae are based on percentages of the unimproved market value of the land (or of the sale price or the value of the lease). By agreement with BGLC, the State may pay some or all of the value of the community benefits in non-monetary form.
These formulae do not automatically apply when a local council is the decision maker, or where the Responsible Person is an applicant for an Earth Resources Authorisation or for a lease from a land manager other than the State or a State agency. Whether community benefits are paid, and their extent, is a matter for negotiation, along with any other conditions on the proposed activity. In the absence of agreement (after at least 6 months of good faith negotiation), these matters may be determined by VCAT.
“Reasonable negotiation costs” of the BGLC must be reimbursed by the “responsible person” for the proposed activity. The Traditional Owner Settlement (Negotiation Costs) Regulations 2025 (Vic) specify that these may include:
- preparation costs, such as site analysis, report writing and consideration of recommendations
- professional services costs, such as legal, economic, geological or engineering services, and
- travel costs, such as car expenses associated with site visits, or public transport to attend a special meeting.
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