Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples Land Use Activity Agreement guidance

For further detail about the boundary, you can:

• refer to the detailed description, containing specific boundary parcels and location co-ordinates, in Schedule 2 of the LUAA itself
• obtain the GIS data to show the LUAA boundary as a layer in your mapping system.

Exclusions from the LUAA

Existing Infrastructure

The LUAA does not apply to land covered by certain kinds of infrastructure (see below) that exist on the commencement date of the LUAA. These guidance pages will be updated when that commencement date is known.

Where that infrastructure has been demolished in order to replace or refurbish it, for the same purpose, the land continues to be excluded.

However, where former infrastructure has been removed so as to permit safe public access to the former footprint of the infrastructure, that land is no longer excluded.

This makes practical sense: that land is once again ‘public land’, without any infrastructure, and so it is subject to the LUAA.

Click on the following headings to show additional information. If you are uncertain whether particular land is excluded from the LUAA, you are encouraged to discuss it with BGLC(opens in a new window).

Church land

The LUAA does not apply to land that is subject to the State Aid to Religion Abolition Act 1871.

This refers to Crown land that had been granted, promised or reserved for church use by 1871. In that year, a process was established by which such land could be granted to those churches as freehold, by application to the Minister.

Land that has been acquired by churches since that time will likely be freehold land, also excluded the LUAA.

Specific parcel exclusions

The LUAA lists parcels of land that are specifically excluded from the LUAA. These were planned for future use or sale at the time the LUAA was agreed (2026).

Few of these will still be public land as time goes on, but it may be important to check this list for potential exclusions.

If you have assessed that the land in question is subject to the LUAA, continue reading.

If not, and you are a decision maker for the relevant land, you should make records of your assessment that the LUAA does not apply to that land. You may wish to use the template below, or other record-keeping systems appropriate to your organisation. You need not read any further pages in this section.

After you have determined whether the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk (WJJWJ) 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 in the Taungurung LUAA glossary of terms.

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 Barengi Gadjin Land Council (BGLC).

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

Then consider the type of works involved, checking the information provided below and the definitions provided in the glossary.

Next steps

Now that you have determined what kind of activity is being proposed, continue reading to see the steps you need to follow.

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

See the LUAA Contacts page for information about how to contact the Barengi Gadjin Land Council (BGLC).

Process for Routine activities

For Routine activities there is no requirement to notify BGLC. The activity may proceed immediately.

Decision Makers are encouraged to discuss the categorisation of the activity with BGLC if there is any doubt.

In any case, Decision Makers are encouraged to make appropriate records of their assessments that certain activities are Routine. These could be called upon in an audit of LUAA assessments, or if BGLC were to apply to VCAT for a determination on the classification of a land use activity.

A sample template for recording such assessments is included here:

Process for Advisory activities

Advisory activities require notification of BGLC and, depending on BGLC's response, a consultation process.

Ministerial Directions as to Advisory Activities specify minimum standards for the notification and consultation process. These include a 28-day minimum period to allow BGLC to respond.

Document templates have been developed to assist with meeting these requirements, but use of the templates is not mandatory.

The Directions also encourage Decision Makers to exceed the minimum standards. That is, to go beyond formal procedures and to establish a relationship between Parties that is flexible enough to respect and accommodate the needs of each party.

As with any decision affecting people’s rights, Decision Makers for Advisory activities under the LUAA must also observe the principles of natural justice.

This table suggests a step-by-step approach that meets (and in some steps exceeds) the minimum standards. It is intended as a guide, noting that the steps may be adapted to meet the circumstances of each Advisory process.

Templates and supporting documents for Advisory activities

Process for Negotiation activities

Negotiation activities require notification of BGLC and good faith negotiations. VCAT can adjudicate if agreement cannot be reached.

The minimum content of the notification is set out in the Traditional Owner Settlement Regulations 2017.

Document templates are available at the bottom of the page to assist with meeting these requirements, but organisations may develop their own documents that meet the minimum requirements.

Good faith negotiations

The Traditional Owner Settlement Act 2010 includes a requirement for both parties to negotiate in good faith (s.50).

The term ‘good faith’ is not defined in the Act, but an explanatory guide is available in the downloads section below. ‘Good faith’ does not require Decision Makers or Responsible Persons to negotiate under the LUAA in relation to cultural heritage protection, as this is managed under separate processes.

VCAT may make a determination as to whether or not either party has met the requirement for good faith.

Community Benefits

The State has agreed to provide Community Benefits for Negotiation and Agreement activities according to formulas in Schedule 7 of the LUAA whenever the State, or a State agency:

• is the Responsible Person, or
• issues a Public Land Authorisation (PLA).

These formulas calculate the monetary value of the Community Benefits based on a percentage of value of the land, rent received, etc. Land values are determined by the Valuer-General of Victoria. The State may negotiate to provide some or all of the community benefits in non-monetary form, by agreement with BGLC.

When the Responsible Person is anyone other than the State, and the State is not issuing a PLA, these formulas do not automatically apply.

In those negotiations, the Responsible Person and BGLC may agree to adopt the formulas, or not. They must negotiate the value of any Community Benefits, and whether they will be provided in monetary or non-monetary form.

Role of VCAT

If the parties are unable to reach agreement on all matters, after at least 6 months of good faith negotiating, either party may apply to VCAT for a variety of orders to resolve the dispute.

Alternatively, the parties may jointly apply to VCAT at any time.

Steps in the process

This table suggests a step-by-step approach that is consistent with the LUAA, the Act and its Regulations. It sets out the roles of the:

• Decision Maker (DM)
• Responsible Person (RP).

Templates and supporting documents for Negotiation and Agreement activities

Process for Agreement activities

Agreement activities require notification of BGLC and good faith negotiations, as for Negotiation activities. However, the activity cannot proceed unless and until BGLC agrees. There is no appeal to VCAT if agreement cannot be reached.

Notification

The minimum content of the notification is set out in the Traditional Owner Settlement Regulations 2017.

Document templates are available at the bottom of the page to assist with meeting these requirements, but organisations may develop their own documents that meet the minimum requirements.

Responsibility for negotiation and Community Benefits

For most Agreement activities, the Decision Maker is also the Responsible Person (RP) and is responsible for seeking BGLC's agreement to the activity. However, where the Agreement activity is the granting of a lease for more than 10 years for commercial purposes, the applicant for the lease is the Responsible Person.

For all Agreement activities where the State or a State Agency is the Responsible Person, or where it issues such a lease, it has agreed to provide Community Benefits according to formulas in Schedule 7 of the LUAA. The State may negotiate to provide some or all of the community benefits in non-monetary form, by agreement with BGLC.

If a local government, statutory authority or other non-State body is the Responsible Person, these formulas do not automatically apply. The Decision Maker and BGLC must reach agreement about the value of the Community Benefits, and whether they will be provided in monetary or non-monetary form.

Steps in the process

This table suggests a step-by-step approach that is consistent with the LUAA, the Act and its Regulations.

It sets out the roles of the:

• Decision Maker (DM)
• Responsible Person (RP).

Templates and supporting documents for Agreement activities

Please use and adapt the templates and supporting documents found in the 'Negotiation activities' section above.

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.

This page outlines suggestions for senior leaders to improve their organisation’s compliance with with the LUAA. It was originally developed for local government, but most of these tips can benefit leaders in all organisations.

Understand the LUAA, RSA Schedule 6, and Reconciliation Action Plans

Senior leaders are in a great position to lead by example – but only if they understand what is needed, at least broadly.

These web pages focus on the LUAA. But you may also be aware of Schedule 6 of the Recognition and Settlement Agreement (RSA) – the Local Government Engagement Strategy. And your organisation may have, or be working towards, a Reconciliation Action Plan, or another similar set of commitments. How do these documents relate to each other?

Two considerations can help to distinguish them:

1. Focus: Traditional Owners / all Aboriginal and Torres Strait Islander people
2. Requirements: mandatory / recommended.

Focus

The LUAA and RSA (including Schedule 6 – the Local Government Engagement Strategy), focus on the WJJWJ Peoples as Traditional Owners. While some WJJWJ people may live within your Council area, all WJJWJ people hold Traditional Owner rights in relation to their recognised country by virtue of these agreements and the enabling legislation.

Reconciliation Action Plans, by contrast, usually relate to all Aboriginal and Torres Strait Islander people who live in your area. Other organisational strategies related to Indigenous people may also have this broad focus.

Requirements

Compliance with the LUAA is legally mandatory, as is compliance with the Aboriginal Heritage Act 2006 (Vic).

Schedule 6 of the RSA is framed as a commitment by the State to facilitate engagement between local councils and BGLC (as the corporation that represents the WJJWJ Peoples). It lists a number of actions (items A–L) that may be the focus of these engagements. The first of these – compliance with the LUAA and the Aboriginal Heritage Act – are mandatory actions for all councils.

The remaining items in Schedule 6 are, in effect, recommended actions for councils.

Use and improve your existing systems

To make LUAA compliance part of business as usual in your organisation, consider ways you can use or improve existing systems. For example:

• Identify LUAA compliance in Risk Registers, noting that failure to comply with the LUAA can lead to VCAT ordering that land to be returned to its previous condition.
• Add LUAA assessments to checklists, project management software, or other tools already in use. For example, does the LUAA apply to the land, what kind of activity is it, have we followed the relevant process to conclusion?
• Ensure that standard record-keeping includes file notes or other records of LUAA-related assessments and activities.
• Include links to these web materials in relevant documents, websites and digital portals.

Training

Training promotes compliance with the LUAA. Consider possible approaches for ensuring that all relevant staff have the required knowledge and skills. For example:

• General discussion of the LUAA for all relevant roles during staff induction
• In-depth training for relevant roles, such as in-house training, or attendance at multi-organisation workshops
• Refresher training after a specified period (such as 2 to 3 years)
• Networks and forums among people with similar roles at other organisations.

Note that for the first few years of the LUAA’s operation, the state will take the lead in organising and promoting LUAA training. In future years this will increasingly become each organisation’s responsibility.

Update position descriptions

Do position descriptions or task lists in your organisation refer to LUAA-related responsibilities or tasks? Updating these might be an immediate and valuable way of building compliance into business as usual.

For position descriptions, consider:

• Who in your organisation is formally responsible for LUAA compliance?
• Who, in practical terms, needs to be involved in each step?
• Who needs to be aware of LUAA requirements (even if not responsible for carrying them out), such as people engaged in planning and budgeting?

For tasks and responsibilities, consider the following phrasing:

• “Responsible for ensuring organisation’s compliance with the WJJWJ Land Use Activity Agreement”
• “Assess whether the LUAA applies to a project and, if so, what kind of activity and with what resulting process”
• “Notify BGLC of advisory and negotiation activities under the LUAA”
• “Consult and/or negotiate with BGLC regarding proposed activities under the LUAA”
• “Estimate time and cost implications, as well as opportunities, arising from LUAA requirements or engagement with BGLC”.

Questions for performance reviews

When relevant, consider building accountability for LUAA-related tasks into performance-review processes. For example:

• Adapt self-assessment forms with LUAA-related questions, as appropriate for role description.
• Ask questions in regular catch-up, coaching or mentoring meetings. (How are you going with…?; Tell me about some examples where…; Do you need any assistance or support with…?)
• Ask questions in annual performance review processes. (How effective have you been at…? Can you describe some instances, and walk me through what you did in each case…)

Support compliance by other parties

Each organisation is directly responsible for compliance with the LUAA on crown land that it manages. Strictly speaking, organisations are not responsible for ensuring that other parties who manage public land comply. However, you are encouraged to assist other, less experienced organiations and individuals to understand and comply with the LUAA.

For example, DEECA will assist volunteer Committees of Management. Local Councils may also wish to provide information to volunteer Committees of Management in their area, and/or refer them to DEECA.

Councils should consider including notes or conditions about LUAA compliance when issuing permits under planning and environment legislation. Council staff might also be able to provide information to residents and other stakeholders.

Build direct relationships

As noted on the first page of these materials, the LUAA is part of an overall Recognition and Settlement Agreement package, which aims to create a new relationship based on “mutual trust and cooperation, good faith and respect.”

This relationship will emerge through dealings between government and BGLC over time, but also through direct personal relationships between key people.

For local government, people who might seek to build these direct relationships with BGLC counterparts potentially include:

• Mayors and Councillors
• CEOs
• Senior managers with overall responsibility for the LUAA and/or other components of the RSA (such as Schedule 6 actions)
• Staff with day-to-day responsibility for the LUAA and other relevant matters.

Because BGLC has limited staff and resources, it will be difficult to build meaningful relationships at all of these levels across all local council areas as well as with relevant state government agencies. Instead, BGLC asks that organisations contact them to discuss what will work best for each party.

You are not alone! While it is ultimately the responsibility of each organisation to ensure its own compliance with the Land Use Activity Agreement (LUAA), there are people who can assist.

This glossary includes direct or paraphrased definitions, and some explanatory notes, for many key terms used in the LUAA and on these information pages.

Acronyms

BGLC – Barengi Gadjin Land Council

DEECA – Department of Energy, Environment and Climate Action

DPC – Department of Premier and Cabinet

DTF – Department of Treasury and Finance

ERIA – Earth Resource or Infrastructure Agreement

LUAA – (WJJWJ) Land Use Activity Agreement

PLA – Public Land Authorisation

RSA – (WJJWJ) Recognition and Settlement Agreement

SPW – Specified Public Work

WJJWJ – Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk (the peoples, or in language guli, who make up the Wotjobaluk Nations)

Agricultural Lease

Agricultural Lease means a lease where the primary purpose of the lease is to use the land for:

• cultivation for the purpose of selling the produce of the cultivation (whether in a natural, processed or converted state)
• the maintenance of animals or poultry for the purpose of selling the animals or poultry or their natural increase or bodily produce
• the cultivation or propagation for sale of plants, or
• keeping, or breeding aquatic animals or cultivating or propagating aquatic plants.

Related information: Is the activity a Public Land Authorisation (lease, licence and permits)? at What kind of activity is it?

Commercial Purpose vs Community Purpose

In the LUAA, the BGLC has lower procedural rights for certain activities when they occur for the benefit of the wider community. This concession is reflected in the definitions of the terms 'community' and 'commercial' in the LUAA.

For example, Commercial Purposes do not necessarily have a strong ‘business’ or ‘for-profit’ character.

In the case of works on land, anything that is not covered by the definition of Specified Public Work (see below) is considered works for a Commercial purpose.

In the case of Public Land Authorisations, ‘Commercial purpose’ is defined to mean everything that doesn’t fit within the strict definition of ‘community purpose’.

To qualify as being for a ‘community’ purpose under the LUAA, a lease, licence or permit must meet two criteria: one for its actual purpose, and another for the grantee organisation.

1. Purpose: the lease, licence or permit must be:

• solely or primarily for non-commercial community, social, religious, educational, health, charitable or sporting purposes, or
• for non-commercial services aimed at improving community safety or welfare and not of a commercial nature.

AND

2. Organisation: the organisation receiving the public land authorisation must:

• be not-for-profit
• not operate gaming equipment under the Gambling Regulation Act 2003 (poker machines, etc.), and
• not have, or plan to have, a turnover of $1 million in operating the leased premises.

A lease, licence or permit would be considered ‘commercial’ if it failed any of the above limitations on what is considered ‘community purpose’.

Related information at What kind of activity is it?:

• Is the activity a Public Land Authorisation (lease, licence and permits)?
• Is the activity land clearing and other major works for commercial purposes?

Decision Maker

Under the Traditional Owner Settlement Act 2010, the responsibility for ensuring LUAA compliance falls on the person or organisation that is the legal Decision Maker for the activity. This includes those who have the statutory responsibility to:

• manage public land,
• issue legal authorisations such as permits, licences, or leases, or
• transfer title to that land, or revoke or change its reservation.

See also the definition of a Responsible Person (below).

Earth resource or infrastructure authorisation (ERIA)

The Act defines ‘earth resource or infrastructure authorisation’ to mean any of the following:

• a licence granted under section 25 of the Mineral Resources (Sustainable Development) Act 1990
• an extractive industry work authority granted under section 77I of the Mineral Resources (Sustainable Development) Act 1990
• a written consent for petroleum operation given under section 138 of the Petroleum Act 1998
• the acceptance under Division 3 of Part 9 of the Pipelines Act 2005 of an Environment Management Plan
• a written consent given for geothermal energy operation under section 80 of the Geothermal Energy Resources Act 2005
• the acceptance by the Minister of an environment plan under the regulations made under the Offshore Petroleum and Greenhouse Gas Storage Act 2010, or
• an approval for greenhouse gas operation under section 193 of the Greenhouse Gas Geological Sequestration Act 2008.

Related information: Earth Resource or Infrastructure Authorisation at What kind of activity is it?

New vehicular road, etc.

The LUAA does not specifically define "new vehicular road, track bridge or railway" but the relevant references go on to specify "where none of these has previously been constructed." It also distinguishes them from "Road Works or Rail Works", which include such works as widening, overtaking lanes and duplication (see definition below for the full lists).

New vehicular roads and Road Works outside road reserves (which are Major Public Works and hence Negotiation activities) are also distinguished from 'walking tracks' and ‘other tracks (where the affected land has been disturbed from prior works)’, which are Minor Public Works and hence Advisory activities if the relevant land is not excluded from the LUAA.

Related information:

• Exclusions from the LUAA at Does the LUAA apply to this land?
• Categorisation of public works activities, where the LUAA does apply, at What kind of activity is it?

Public Land Authorisation

Public Land Authorisation (PLA) means any of the following:

• a lease, licence, permit or other authority under the:
  • National Parks Act 1975
  • Crown Land (Reserves) Act 1978
  • Forests Act 1958
  • Land Act 1958
• a tour operator licence under Part IIA of the Wildlife Act 1975
• a consent within the meaning of the Marine and Coastal Act 2018
• a lease under section 3 of the Land (Surf Life Saving Association) Act 1967
• a licence under Division 2 of Part 5 of the Water Act 1989 to construct any works on a waterway or a bore, or
• a Carbon Sequestration Agreement under section 45 of the Climate Change Act 2010.

Note that Agricultural Leases are a type of PLA, if they are issued under any of the above Acts.

However, their activity classification depends on the size of their area as well as their duration.

Note also that issuing other kinds of permits, including Planning Permits under the Planning and Environment Act 1987, are not ‘land use activities’ regulated by the LUAA.

Related information:

• Is the activity already authorised? at What kind of activity is it?
• Is the activity a Public Land Authorisation (lease, licence and permits)? at What kind of activity is it?

Rail Works

See Road Works (below) for general guidance and clause 1.1 of the LUAA for specific details.

Responsible Person

The Traditional Owner Settlement Act 2010 defines the ‘Responsible Person’ as the person who is required, under that Act, to reach agreement with BGLC in a Negotiation or Agreement activity. Depending on the type of land use activity, that may be the decision maker or another person, such as the applicant for a PLA.

The Responsible Person (RP) is required to negotiate in good faith with BGLC about whether and on what conditions the activity may proceed. The RP must also pay BGLC's reasonable costs of negotiating.

The RP may or may not be the person ‘responsible’ for negotiating and paying Community Benefits. In some cases, the State has undertaken this responsibility, even where the RP is another person (such as an applicant for a PLA). In these cases, the State will pay the Community Benefits, although the Responsible Person may also agree to community benefits that are not payments.

The following table specifies who, in practical terms, is ‘responsible’ for these different matters, depending on the type of activity and who is the Decision Maker (DM).

The second column identifies the Responsible Person (RP).

The third column identifies who provides Community Benefits, and the basis on which their value is determined (i.e., according to Schedule 7 or by negotiation with BGLC).

Related information at What's the process?:

• Negotiation activities
• Agreement activities

Road Works and Rail Works

The following guidance focuses on Road Works. Note that there are parallel provisions in the LUAA for Rail Works.

Broadly speaking, Road Works (as defined in the LUAA) are significant works on and around existing roads. They are different from the construction of new vehicular roads, and they do not include maintenance works on roads.

Specifically, Road Works in the LUAA means the construction, installation, or improvement of infrastructure associated with an existing road. It includes the specific items in the list below, and any road work activities that will have a similar impact on the land, or on Traditional Owner Rights, to these items:

• intersection and junction improvements
• pedestrian and cyclist facilities (including overpasses, underpasses, shared user paths and trails)
• bridgeworks
• roadside rest areas and wayside stops
• new stand sites and stack sites
• overtaking lanes
• shoulder widening
• lane widening
• road realignment, and
• duplication of a road.

Note that there are many kinds of works on roads that would not fall within this definition, such as maintenance and repair works.

Road Works may be Major or Minor Public Works, depending on where they occur in relation to the road reserve or existing footprint.

Road Works will be Major Public Works if any of the works extend:

• beyond the road reserve (if any), or else
• more than 1m beyond the footprint of the existing road and any infrastructure which is required for the construction, establishment, operation or use of the road.

Road Works will be Minor Public Works if they occur entirely:

• within the road reserve (if any), or else
• on land that is no more than 1m beyond the footprint of the existing road and any infrastructure which is required for the construction, establishment, operation or use of the road.

However, note that in many if not all instances, Road Works that would qualify as Minor Public Works will be occurring on land that is excluded from the LUAA area. That is, within a road reserve where a road has already been constructed (or within 1m of the footprint of a road previously constructed on other public land).

Related information:

• Roads at Does the LUUA apply to this land?
• Is the activity specified public works? at What kind of activity is it?

Specified Public Works

Specified Public Works are any of the following works, providing they are for a public purpose:

• a road, railway, bridge or other transport facility (other than an airport or port)
• a jetty or wharf
• a navigation marker or other navigational facility
• an electricity transmission or distribution facility
• a gas transmission or distribution facility
• lighting of streets or other public places
• a well or bore for obtaining water
• a pipeline or other water supply or reticulation facility
• a drainage facility, or a levee or other device for the management of water flows
• an irrigation channel or other irrigation facility
• a sewerage facility other than a treatment facility
• a cable, antenna, tower or other communication facility
• an automatic weather station
• a public recreation facility
• any other works carried out by or on behalf of the Crown.

This last point appears to be a fairly broad catch-all. Works carried out ‘on behalf of the Crown’ would include works carried out by a utility, statutory authority, etc, on behalf of the government.

Specified Public Works are either major or minor. These terms are defined by reference to inclusive lists of examples, which appear at What kind of activity is it?

Related information:

• definitions for Commercial and Community Purposes (above)
• Is the activity land clearing and other major works for commercial purposes? at What kind of activity is it?
• Infrastructure which has the effect of excluding or restricting public access at Does the LUAA apply to this land?

Traditional Owner rights

The Traditional Owner rights protected by the LUAA (and by the broader Recognition and Settlement Agreement) are:

• the enjoyment of the culture and identity of the traditional owner group
• the maintenance of a distinctive spiritual, material and economic relationship with the land and the natural resources on or depending on the land
• the ability to access and remain on the land
• the ability to camp on the land
• the ability to use and enjoy the land
• the ability to take natural resources on or depending on the land
• the ability to conduct cultural and spiritual activities on the land
• the protection of places and areas of importance on the land.

Related information: WJJWJ Land Use Activity Agreement guidance (overview)