The Land Use Activity Agreement (LUAA) sets out four categories of land use activities, and lists under each one the kinds of activity that it covers. Sometimes activities that may seem similar appear in more than one list, and there are many definitions that need to be consulted.
The following series of questions is designed to make it easier 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, select the heading to bring up definitions and other relevant information.
Note that the following checklist does not include every type of activity listed in the LUAA. It includes only those activities that local governments carry out, or may be asked about, in their ordinary course of business.
Checklist
Are there multiple activities?
If a project has multiple components that comprise different types of activity under the LUAA, assess each component separately and follow the relevant process.
Or follow the ‘Process as to multiple activities’ outlined in Schedule 6 of the LUAA if you wish to pursue a joint process.
Is it an emergency activity during an emergency situation?
Can activity proceed without prior notification if:
- it is during an 'emergency situation', and
- the activity is for the purpose of protecting life, property or the environment.
'Emergency situation' is not defined, but clearly this category does not include planned controlled burning or other activities carried out to prevent emergencies.
As soon as practicable afterwards, the decision maker must make reasonable efforts to inform DJAARA of what has been done.
Is it already authorised under a PLA or ILUA?
Activities carried out within the terms of a Public Land Authorisation (a lease, licence or permit) are exempt from the LUAA if the PLA was granted either:
- before 25 October 2013, or
- in compliance with Part 4 of the Traditional Owner Settlement Act (which gives legal effect to the LUAA).
Activities authorised by an ILUA (an Indigenous Land Use Agreement under the Native Title Act) are exempt from the LUAA. There are several site-specific ILUAs on the ILUA register(opens in a new window) within Dja Dja Wurrung country, all dating from before, or just after, the commencement of the LUAA. Most relate to mining activities or to leases for specific purposes.
Is it a continuing activity from before the LUAA?
Activities that commenced before 13 October 2013, and which are still continuing, are authorised under the LUAA. Note that this refers to specific, individual activities that commenced before the LUAA. Annual or other regular activities are not considered to have 'commenced' before 13 October 2013.
Is it maintenance or 'low impact' works?
Maintenance and other low impact works are defined as Routine activities.
These include:
- the erection or maintenance of fences, gates and signage
- maintenance of infrastructure
- maintenance of grounds, roads and tracks, including weed control or grass cutting.
Is it a listed 'land management activity'?
The following land management activities are defined as Advisory activities:
- the planned controlled burning of the land
- regeneration works and associated activities
- the rehabilitation of vegetation, river, creek or stream
- the destruction of rabbit warrens.
Is it a specified Public Work?
Public Works that are listed in the LUAA (Specified Public Works) are either Advisory or Negotiation activities, depending on whether the LUAA considers them Minor or Major public works. The LUAA’s classification may differ from other ways of classifying 'major' works, such as in planning schemes or budgeting processes. The following information shows related kinds of works to aid your assessment.
Negotiation | Advisory |
|---|---|
Construction of a new vehicular road, track, railway or bridge where there is no existing footprint | Walking track |
Construction of public recreation or sports facilities where earthmoving is required | Sport and recreation facility where no earthmoving is required |
Construction of new educational, health or emergency service facilities, or similar | Storage shed |
A project declared to be a major project (or similar) in legislation, or enabled through an Act of Parliament |
|
The construction of infrastructure through a public–private partnership |
|
A project for a public purpose that involves:
|
|
Specified Public Work undertaken by a Utility, including:
| Work by telecommunications carriers of the type described in the Schedule to the Telecommunications (Low Impact Facilities) Determination 2018 (Cth), this includes:
|
Any other works carried out by, or on behalf of, the Crown that will require the exclusion of the public for effective operation | Other minor works carried out by or on behalf of the Crown which fall within the definition of a Specified Public Work |
Is it a Public Land Authorisation? (lease, licence or permit)
Before using these tables, be sure to check the definitions of 'commercial' and 'community' purposes.
The categorisation of a Public Land Authorisation (PLA) in the LUAA is determined by:
- The term/duration of the PLA
- The purpose of the PLA
Note that if a lease, licence or permit is for a Specified Public Work, the nature of the work (major or minor) determines the LUAA activity, not the lease.
Licence or permit term | Community purpose | Commercial |
|---|---|---|
Up to 10 years | Routine | Routine |
More than 10 years | Advisory | Negotiation (Class B) |
Lease term | Community purpose | Commercial |
|---|---|---|
Up to 10 years | Advisory | Advisory |
10-21 years | Advisory | Negotiation (Class A) |
More than 21 years | Negotiation (Class B) | Agreement |
Is it the clearing of land?
Activity | Type of activity |
|---|---|
Land clearing for a commercial purpose (check the definition), without a Public Land Authorisation (lease, licence or permit) | Agreement |
| Land clearing that requires a lease, licence or permit – depends on the type and period of the Public Land Authorisation | See Public Land Authorisation |
| Land clearing for a Specified Public Work – depends on the type of work (major or minor) | See Is it a Specified public work? |
Is it a sale of land?
Activity | Type of activity |
|---|---|
Local governments do not authorise the sale of public land. However they, or those seeking information from them, should be aware that the grant of an estate in fee simple (whether to an individual, a council, or another government body) cannot proceed without the agreement of DJAARA | Agreement |
Important definitions
Specified Public Work
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.
They can be carried out by the State or on behalf of the State, like those works carried out by a utility.
Specified Public Works are either major or minor.
'Commercial' vs 'Community' purpose
In the LUAA, DJAARA has accepted lesser procedural rights for community purpose activities. This is reflected in the definitions of the terms “community” and “commercial” in the LUAA.
'Commercial' doesn’t necessarily mean business or for-profit. “Commercial” is defined in the LUAA to mean anything that doesn’t fit within the strict definition of “community purpose” or “specified public work”.
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 organisation generally:
- Purpose: the lease, licence or permit must be:
- solely or primarily for community, social, religious, educational, health, charitable or sporting purposes
- for services aimed at improving community safety or welfare and not of a commercial nature. AND
- Organisation - the organisation must:
- be not-for-profit
- not operate gaming equipment under the Gambling Regulation Act 2003 (poker machines)
- 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”.
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