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Published on October 14th, 2021 | by Newt Rayburn


What Is A Recognition And Settlement Agreement

Part B is intended to ensure that the group of traditional owners is ready to negotiate a settlement. This presupposes that the TOGE has been created and that it has the capacity and authority to negotiate on behalf of the community. It also requires that the group of traditional owners have a strategic plan in place that articulates the group`s cultural vision. The strategic plan may include objectives outside of the TOS Act resolution process, including potential agreements with other stakeholders, such as . B government at local or federal level. However, the threshold guidelines state that the framework for what is offered is set out both by the Terms of Use Act and by the precedent of what has been granted under other regulations, and that all efforts “must be influenced by this context and sound planning, rather than being an abstract wish list.” [Footnote 47] An agreement in principle was notified to the Federal Supreme Court in May 2010. The Gunaikurnai had set a deadline for reaching a settlement before state elections in November 2010. At the same time, the Rules of Use Act was developed and informally incorporated into negotiations regarding possible inclusions in the final agreement. [Footnote 27] The agreement recognizes the right of taungurung to access public lands in the agreement area for hunting, fishing, camping and natural resources. Under a financing agreement, funds can be awarded separately and over a certain period of time.

For example, Gunaikurnai`s settlement included $12 million in financing agreements to support TOGE`s early operations and for other purposes. Ten million dollars of this capital were used in trust, with interest intended to finance the company`s future operations. [Footnote 53] As part of the Dja Dja Wurrung settlement, $8.25 million was allocated to keep the agreement in force. This included $5 million to be held in trust; $3.25 million provided to the Corporation over three years for “economic development purposes” and an additional $900,000 through a grant funding agreement to support the Corporation`s “entrepreneurial capacity” and employ employees. [Footnote 54] While these amounts may seem substantial, the financial costs of setting up a TOGE, hiring staff, meeting regulatory requirements, implementing the agreement, and meeting community expectations can be considerable. Traditional owner businesses we spoke to reported a number of financing issues, both in terms of the initial resources provided to businesses and financing to support their continued sustainability. This is discussed below. These two companies were contacted as they are the only groups to have reached an agreement with the Victorian government under the Tos Act. This allowed them to discuss their experiences both during the process and after billing. The representatives we met spoke about the aspirations of their communities. They highlighted what their communities considered most important: the expropriations caused by colonization and the devastating and lasting effects it had on their people.


About the Author

Newt Rayburn founded THE LOCAL VOICE in 2006. Previously, Newt was Editor of PROFANE EXISTENCE in Minneapolis, Minnesota, and Art Director for Ole Miss' LIVING BLUES magazine. Newt won a National Magazine Award in 1999 for his SOUTHERN MUSIC ISSUE with THE OXFORD AMERICAN. A seventh-generation Lafayette County, Mississippian, Newt is perhaps best known as the leader of the Mississippi RocknRoll band THE COOTERS, but he also has the Country & Southern Rock group, HAWGWASH. Newt is a Photographer, Writer, and Civil War Enthusiast.

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