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LAND ACQUISITION PROGRAM(CULTURAL AND/OR ENVIRONMENTAL VALUES)

HANDBOOK

This handbook explains the ILC’s Land Acquisition Program and the process for applying to the Cultural and Environmental Values category.

Applications can be submitted at any time

Contents

1. Program Information....................................................................................3Indigenous Land Corporation....................................................................3What is the ILC’s Land Acquisition Program?............................................3What funding can the ILC fund?................................................................4

2. Application Guidelines.................................................................................5What does the ILC mean by an Indigenous controlled organisation (Criterion 1)?.............................................................................................7What does the ILC mean by benefits (Criterion 6)?..................................7Can we apply without a specific property identified?...............................8What are important elements of a good application?...............................8How does our application get assessed?..................................................9What are the responsibilities of a successful applicant group?..............10Quick Guide to Land Acquisition.............................................................12

3. Additional information...............................................................................13Frequently asked questions....................................................................13Terminology............................................................................................17Divisional Contacts.................................................................................25

DRAFT Land Acquisition (Cultural and/or Environmental Values) Handbook. Released 26 March 2012 2

1. Program Information

Indigenous Land Corporation

The Indigenous Land Corporation (ILC) was established in 1995 as an independent statutory authority of the Australian Government. The purpose of the ILC, as defined in the Aboriginal and Torres Strait Islander Act 2005 (ATSI Act), is to assist Indigenous people acquire and manage land to achieve economic, environmental, social and cultural benefits.

The National Indigenous Land Strategy (NILS) is the ILC’s key policy document, setting out how the ILC assists Indigenous people to achieve these outcomes. Copies of the NILS are available from ILC offices and online at www.ilc.gov.au (under the Publications tab).

What is the ILC’s Land Acquisition Program?

The Land Acquisition Program assists Indigenous people to achieve benefits through acquiring and granting land. It seeks to build a secure and sustainable land base for Indigenous people now and for future generations.

Note that the Land Acquisition Program is competitive - all applications are assessed in terms of their delivery of Indigenous benefits, and against the cost of the acquisition and the available budget. Therefore, funding is not guaranteed, even if your application meets all of the program criteria.

The program is open to Indigenous corporations in urban, rural and remote areas. The ILC requires that applicant groups applying for land acquisition must be incorporated or in the process of incorporation at the time of application. The ILC can only grant land to Indigenous corporations.

The ILC’s programs are not meant as a substitute for the functions of other agencies. Applicants need to clearly demonstrate that their need for a property cannot be fulfilled

DRAFT Land Acquisition (Cultural and/or Environmental Values) Handbook. Released 26 March 2012

Fish River Station (NT) was acquired to enable Indigenous employment and economic development opportunities around protecting its natural and cultural values.

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http://www.ilc.gov.au/

through another agency (ATSI Act)1. The ILC cannot assist with funding operating costs for programs or services.

There are two categories of assistance within the ILC’s Land Acquisition program: Cultural and/or Environmental Values and Socio-Economic Development.

The Land Acquisition category you apply to relates to the main type of outcomes you want to achieve.

Cultural and/or Environmental Values

This Cultural and/or Environmental Values Handbook provides essential information for applicants seeking assistance to acquire a property to provide cultural and/or environmental benefits for Indigenous people. This is achieved through securing access to, and the protection and maintenance of, land with high cultural and/or environmental significance.

The following are examples of types of projects that the ILC may consider acquiring land for under the Cultural and/or Environmental Values category:

Access to or protection of sites with significant Indigenous cultural values; Protection or restoration of natural landscapes with significant cultural and

environmental values.

You should discuss your land need with ILC staff to ensure that it fits into the Cultural and/or Environmental Values category. Projects with a focus on environmental protection, derived from socio-economic development activities, should be submitted to the call for applications under the Socio-Economic Development category (see below).

State, Territory and Commonwealth governments provide funding and legislative protection for properties with cultural and environmental values. The degree of protection provided, and funding available from government agencies, will be taken into consideration when assessing your project. Demonstrated funding from other agencies is preferable and is more likely to demonstrate that the acquisition ‘is of reasonable cost given the benefits to be delivered’ (Selection Criterion 13).

Applications relating to the protection of cultural values (including applications to protect both cultural and environmental values) may be submitted at any time. Environmental projects that will enable socio-economic benefits for Indigenous people, but do not include the protection of cultural values, should be submitted through the Socio-Economic Development annual call for applications.

1 See 191F (3).


Socio-Economic Development

Socio-economic Development acquisitions provide significant social and/or economic benefits for Indigenous people through training and employment. This is usually achieved through developing viable and sustainable land-based business enterprises; and/or implementing social programs. Environmental projects that will enable socio-economic benefits for Indigenous people should be submitted to this category.

The ILC accepts applications for Socio-Economic Development in an annual call, closing 2 July 2012. For more information, please refer to the Land Acquisition (Socio-economic Development) Handbook, available at www.ilc.gov.au (Land Acquisition tab) or by calling the ILC (see last page of the Handbook for contact details).

What funding can the ILC fund?

Cost of the property. Settlement costs associated with the acquisition. Immediate start-up costs to bring the property into suitable condition, such as:

o Essential maintenance and repairs to address health and safety issues;o Limited capital development or property improvement; and/oro Limited purchase of plant and equipment.



2. Application Guidelines

To apply for ILC funding, you must:

Application forms can be obtained:

From any ILC office, details of which can be found on the back page of this Handbook

By calling toll free 1800 818 490

Online at www.ilc.gov.au (under the Land Acquisition tab)


1. Read this Handbook and contact the ILC to discuss your project proposal.

Speaking with the ILC will help you to identify the right assistance category for your project, guide the preparation of your application and get advice on the relevant information and supporting documents required.

2. Complete the application, demonstrating that your organisation and proposed project meet the Land Acquisition Program Criteria (on the next page).

3. Submit your application to the ILC, including all attachments and supporting documents.

Properties eligible for acquisition include those involved with the protection or restoration of natural landscapes (with significant cultural and environmental values).

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Land Acquisition Criteria l– Cultural and Environmental Values

The applicant must:1. Be an Indigenous controlled organisation that is:

a) Incorporated (or in the process of becoming incorporated);b) Able to legally enter into a lease arrangement and hold title to land; andc) Effectively governed and compliant with regulatory responsibilities.

2. Include in its membership Traditional Owners or people with traditional links to the land.

3. Demonstrate that there are no disputes about people’s connection to the land.

4. Demonstrate commitment and capacity to own and manage land, and undertake the proposed land use.

5. Demonstrate how it will be actively involved in managing the property and the land use.

The proposed land use must:6. Deliver achievable and sustainable cultural and/or environmental benefits to

Indigenous people.

7. Have demonstrated support from Traditional Owners and people with traditional links to the land.

8. Be viable and economically sustainable, and not require ongoing funding from the ILC.

9. Comply with relevant National, State and Territory legislation and regulations.

10. Use sound land and environmental management practices.

11. Be consistent with the cultural and/or environmental values of the property.

The proposed property must:12. Have significant cultural and/or environmental values.

13. Be of reasonable cost given the benefits to be delivered.

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What does the ILC mean by an Indigenous controlled organisation (Criterion 1)?

An Indigenous controlled organisation is either:

An Aboriginal and/or Torres Strait Islander Association incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or

A body corporate in which all members are Aboriginal persons or Torres Strait Islanders or both, or in which a controlling interest is held by Aboriginal or Torres Strait Islander persons, or both (ATSI Act) 2.

The ILC can only grant land to Indigenous controlled organisations. Part 1 of the application form asks for evidence that the applicant is an Indigenous controlled organisation.

What does the ILC mean by benefits (Criterion 6)?

Benefits are long-term improvements in Indigenous well-being. The ILC places a strong emphasis on collecting information about benefits, to measure the success of its programs, and report to Government and other organisations.

As outlined in the ILC’s National Indigenous Land Strategy (available on the ILC’s website under the Publications tab at www.ilc.gov.au), programs like the Land Acquisition Program focus attention on three priority areas (‘Priority Outcomes’). These are:

1) access to and protection of cultural and environmental values;2) socio-economic development; and 3) access to education (this is restricted to ILC-initiated projects assisting with Student Hostels).

ILC-funded projects must align to at least one of these.

A number of Progress Indicators are used to measure the delivery of Priority Outcomes, for example, ‘employment participation’ and ‘training participation’. Indeed, the ILC places an emphasis on training and employment benefits for Indigenous people, as these often lead to positive social and economic outcomes over the long-term. ILC-funded projects must report against one or more of these Progress Indicators. Specific measures such as ‘new fulltime positions’ and ‘total fulltime positions’ are used within each Progress Indicator to record actual numbers against the benefits being achieved in each project.

Part 3 of the application form asks about the benefits your project proposes to achieve.

2 See section 4 (sub-section 1) of the ATSI Act



Employment participationTraining participation Expansion of the Indigenous estate Access to countryAccess to education Generation of new and/or increased incomeIndigenous business creation and development

Participation in social and community activities Access to a social serviceMaintenance or revitalisation of culture Improved management and development of Indigenous-held land Access to and/or protection of culturally significant sites Protection or restoration of environmental values

Deliver economic, environmental, social and cultural benefits to Indigenous people through the acquisition and management of land

Socio-economic developmentAccess to education*Access to and protection of cultural and environmental values

Purpose of the ILC

Priority Outcomes

Progress Indicators

*This Priority Outcome is restricted to ILC-initiated projects assisting with Student Hostels

Can we apply without a specific property identified?

No. Cultural and/or Environmental Values acquisitions are intended to provide access to and protect properties with significant heritage value. You must be able to demonstrate the cultural or environmental significance of the property identified.

What are important elements of a good application?

The ILC recognises that land ownership is a complex task that requires management skills, commitment, good governance and a sustainable income source. The ILC believes the best outcomes are achieved by applicants who:

Demonstrate commitment and capacity to own and manage land;

Have a clear plan for the delivery of realistic and sustainable benefits that can only be achieved through land ownership;

Demonstrate that the land use activities are viable and sustainable; and

Demonstrate that any property identified is suitable for the project.

Applications are assessed in terms of their delivery of Indigenous benefits, and against the cost of the acquisition and the available budget. Therefore, funding is not guaranteed, even if your application meets all of the program criteria.


A successful application will:

Provide evidence of support for your application. This may be in the form of funding or other arrangements with businesses, service providers, and/or other government agencies, as well as letters of support from Traditional Owners, Native Title Representative Bodies, Land Councils and other Indigenous groups where appropriate.

Address the ILC’s Program Criteria in the application form. Your application will be assessed according to the Criteria found on page 6 of this Handbook, so it is important that you are familiar with them.

Demonstrate that land acquisition will result in the access to and protection of significant cultural and/or environmental values. You must clearly show that ILC assistance is required to provide access to and protection of these values.

Demonstrate that land acquisition will result in significant long-term Indigenous benefits. You must be able to show that assistance from the ILC will create clear benefits for Indigenous people that would not have otherwise be achieved.

Answer every question completely, clearly and in enough detail to be properly assessed. Make sure that your responses address the specific questions that are being asked.

Use examples where applicable. If your group has past experience managing land, undertaking projects and achieving benefits, please tell us about it – it will help the ILC assess your capabilities as landholders and project managers.

Demonstrate ‘how’, rather than just ‘what’. It is important that you describe how you will do something, instead of simply stating what you will do. If your group does not currently possess sufficient skills or resources to undertake a task or activity, you need to tell the ILC how you will build capacity in this area.

How does our application get assessed?

Once applications are received, ILC staff begin the assessment process. You may be asked for additional information to help the ILC assess your application. If your application does not meet the Program Criteria, you will be advised in writing. If the application meets the Criteria, ILC staff may hold a workshop with your corporation to confirm details of the application. The ILC Board makes the final decision on whether to approve the acquisition.

As part of the ILC’s further investigation process, credit checks are conducted on the Directors and key personnel (e.g. Chief Executive Officer and Chief Financial Officer) in your organisation. The ILC will not divulge the information obtained from credit reporting agencies to other organisations or individuals.

If your application was unsuccessful, you will be advised of this in writing. You may reapply to the Land Acquisition program in the future.

What are the responsibilities of a successful applicant group?


The ILC offers funding assistance on the condition that the applicant group adheres to certain requirements. These include that the group:

Does not involve itself in acquisition negotiations. Purchase negotiations can be very sensitive, and any contact between the group and the vendor may compromise the sale;

Must be incorporated prior to signing a lease or being granted the property. The group must be an Indigenous controlled corporation, and permitted to own property according to their Constitution or rules of incorporation;

Signs a lease agreement within three months of acquisition. The lease agreement formalises the responsibilities of the applicant and the ILC. The lease will be for a period of up to three years, during which time the successful applicant group must demonstrate their capacity as landholders. Note that if the applicant group fails to demonstrate capacity to manage the property or deliver benefits, the ILC has the right to terminate the lease and may, as a last resort, sell the property if already granted (see below). Responsibilities of the group will include:

o Funding all landholding costs, for example telephone, water, electricity, gas, and municipal or shire charges for specific services. If levied on the ILC, these will be passed on to the lessee;

o Covering public liability insurance and appropriate insurance for their assets;

o Maintaining the property in at least the same condition as at the commencement of the lease, and keeping all infrastructure, assets, plant and equipment in good working order including carrying out regular maintenance and services; and

o In some circumstances, paying stamp duty when the property is granted (or applying for exemption as a benevolent institution).

Implements the Work Plan as agreed upon with the ILC, including all reporting requirements. Half yearly progress reports will be required from the group throughout the lease period and for five years after the property is granted. These reports demonstrate the group’s progress in:

o Implementing the land use and activities;

o Achieving Indigenous benefits, particularly training and employment, through owning and using the property; and

o Acquitting any grant funds.

Develops a Property Management Plan within the first six months of the lease. It is important that there is a strong plan in place for the ongoing management of the property;

Guarantees Indigenous people with traditional links to the property access to any culturally significant sites on the property. The ILC recognises the rights of Traditional Owners to access, use and maintain sites of cultural significance; and


Signs the ILC’s standard Deed of Grant in order to be granted the property. An example of this Deed can be found on the ILC website at www.ilc.gov.au (under the Land Acquisition tab).

The Deed sets out the standard terms and conditions that the Indigenous Organisation must accept, and any other special conditions that may be necessary in order for the grant of land to occur. Importantly, the Deed of Grant ensures that the property title will revert to the ILC should the Indigenous Corporation become bankrupt, wound up, deregistered or fail to deliver agreed Indigenous benefits. The Deed requires the Indigenous Corporation to seek ILC agreement should it wish to change the land use, have a charge placed on the title (e.g. a mortgage), or dispose of the property.



2. Submit your application and all attachments

3. ILC staff assess applications; ILC Board make final decision on acquisition of property

4. ILC acquires property

5. Property leased to your corporation

7. Abide by post-grant conditions

6. Property granted to your corporation

1. Speak to the ILC and develop your application

Quick Guide to Land Acquisition


3. Additional information

Frequently asked questions

QUESTION ANSWER

Who can apply for Land Acquisition assistance?

As per Criterion 1 of the Land Acquisition Program (Cultural and/or Environmental Values), the applicant must be an Indigenous controlled organisation that is:

a. Incorporated (or in the process of becoming incorporated);

b. Able to legally enter into a lease arrangement and hold title to land; and

c. Effectively governed and compliant with regulatory responsibilities.

How long does an application take to write?

This varies between applicant groups, but several months would not be uncommon to fully develop your project proposal, get support from other agencies or business partners, accurately calculate the cost of the proposed project, and ensure you have all the necessary attachments.

Can I submit my application electronically?

You may email your application to the ILC (see the last page of this Handbook for contact details). However, you must also post, fax or email the signed Letter of Authority.


Wattleridge (NSW) was granted to Banbai Land Enterprises to protect significant environmental and cultural values on the property, which was made an Indigenous Protected Area in 2001.

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How is my application assessed?

ILC staff assess your application against the Program Criteria. You may be asked for additional information to help the ILC assess your application.

If your application is incomplete or does not meet the Program Criteria, you will be advised in writing. You may reapply to the Land Acquisition Program in the future.

If the application meets the Criteria, ILC staff may hold a workshop with your corporation to confirm details of the application.

The final decision on whether to approve the project is made by the ILC Board.

How long does it take for the ILC to process an application for land acquisition?

Processing of applications in the Cultural and/or Environmental Acquisitions category can take some time, depending on the length of the application and also the amount of further investigation involved by ILC staff. This is usually up to three months.

How much will the ILC spend to acquire a property?

It is up to the ILC Board to decide how much can be spent purchasing a particular property, and this is decided on a case by case basis. Your application will need to demonstrate to the Board that the cost of the property is reasonable given the land use and benefits. It will depend on a range of things like the valuation of the property, land management needs, benefits that will be delivered, etc. The ILC will not generally purchase a property for an amount in excess of an independent valuation.

What types of projects get funded?

Land Acquisition projects in the Cultural and/or Environmental Values stream can include projects that facilitate:

Access to or protection of sites with significant Indigenous cultural values;

The protection of native plants, animals and natural landscapes; and

The restoration of natural areas that have high environmental values.

This list is not exhaustive. You should discuss your land need with ILC staff to ensure that it fits into the Cultural and/or Environmental Values category.

Where are supported projects located?

Projects are located throughout Australia. See the map on the ILC’s website for specific locations of recently supported projects: www.ilc.gov.au (under the Land Acquisition tab).

Will the ILC No, the ILC will not provide assistance on an ongoing basis. Applicants must



provide further funding for rates and the maintenance of the property?

demonstrate that they can cover the costs of holding the land, including rates and property maintenance, and operating the land uses in the long-term without ongoing financial assistance from the ILC.

Can the ILC assist my family group with land acquisition?

The ILC acquires and grants land for Indigenous corporations rather than for a family unit. This is to ensure that many Indigenous people benefit from the purchase of land.

What does the ILC mean by letters of support?

Letters of support from other organisations/agencies/partners etc need to identify how your project will be supported (financially or in-kind contributions).

Why do I have to provide so much supporting information?

Applicants must demonstrate that they have sufficient capacity to manage land and undertake the proposed project. Having the required supporting information allows the ILC to assess whether the project meets the Program Criteria and to make an informed decision about your application.

If we are not successful, can we apply a second time?

Yes, you can reapply to the ILC’s Land Acquisition program. You should carefully consider the reasons the ILC gave you as to why your application was not successful, and ensure that your next application addresses these issues.

If I have land already, am I able to apply to the ILC to purchase more?

Yes. However, the ILC will take existing land ownership and access into account to ensure a fair allocation of its resources.

What is a business plan?

All corporations applying for Socio-Economic Development acquisitions are required to submit a business plan with their application, which relates to the specific project.

Business plans guide corporations in the development and operation of their proposed ventures. They seek to capture the vision, financial projections, expected needs and projected results of the business, and articulate the risks


involved.

Business plans submitted in your application are required to follow the guidelines outlined in the ILC’s Terms of Reference – Business Plan, available online at www.ilc.gov.au (Land Acquisition tab). This document provides detailed information on what to include in a business plan. The ILC does not fund the development of business plans. However, your corporation may be eligible to have a consultant develop business plans through the Indigenous Employment Program. Refer to the Department of Education, Employment and Workplace Relations’ website, http://www.deewr.gov.au/Indigenous/Employment/Programs/IEP/Pages/default.aspx for assistance.

If I am unhappy with the outcome of my application, what can I do?

Procedures for complaints handling are given in the ILC’s Service Charter which is available from all ILC offices and on the ILC’s website under the Publications tab (www.ilc.gov.au).

Can we mortgage or sell land that the ILC assisted us to acquire?

The ILC Board may authorise this, however, the ILC’s purpose is to build a secure and sustainable land base for Indigenous people now and for future generations. The ILC does not acquire land intending that it will be mortgaged or sold. However, it does recognise that circumstances may develop under which it may be in a landholder’s best interests to allow a mortgage, or for the land to be sold.



http://www.deewr.gov.au/Indigenous/Employment/Programs/IEP/Pages/default.aspx

http://www.deewr.gov.au/Indigenous/Employment/Programs/IEP/Pages/default.aspx


Terminology

WORD EXPLANATION

Accredited Training Nationally recognised training provided by a registered training organisation that builds towards a qualification.

under Administration

Where a corporation’s financial troubles and/or poor business or governance practices has led to a person being appointed (called an administrator) to take over from the corporation’s board, to see if the corporation can be rescued.

Applicant The group or corporation who applies for assistance from the ILC.

Apprentice An apprentice is an employee who is completing a Certificate IV and also doing on the job training. Some apprenticeships will take up to 4 years, others 2 years. Usually the employee, who may be working under group training arrangements, will attend trade school either one day a week or in a block.

Arrangement An agreement involving two or more parties (not necessarily in partnership or by the formation of a company). An arrangement may include the applicant, the ILC and/or another organisation.

Bankrupt See ‘Undischarged bankrupt’.

Benefits ‘Benefits’ in this context are long-term improvements in Indigenous well-being. The ILC places a strong emphasis on collecting information about benefits, to measure the success of its programs, and report to Government and other organisations.

As explained in the ILC’s National Indigenous Land Strategy (available from the ILC or ILC website), programs like the Land Acquisition Program focus attention on three priority areas (‘Priority Outcomes’). These are: 1) access to and protection of cultural and environmental values, 2) socio-economic development, and 3) access to education. ILC-funded projects must align to at least one of these.

A number of Progress Indicators are used to measure the delivery of Priority Outcomes, for example, ‘employment participation’ and ‘training participation’. ILC-funded projects must report against one or more of these Progress Indicators. Specific measures such as ‘new fulltime positions’ and ‘total fulltime


http://www.ilc.gov.au/site/page.cfm?u=174

positions’ are used within each Progress Indicator to record actual numbers of benefits being achieved in each project.

Break-even The point at which a business’ income is sufficient to pay its ongoing costs, including loan repayments, the maintenance and replacement of assets and employee’s wages.

Business Plan A plan of the operational and management strategies the business intends to implement, including the financial status of the organisation, the financial projections for the property and the capital requirements.

Capacity The ability to successfully achieve what you set out to do. When making an application to the ILC, this particularly means that the applicant has the skills and experience to manage and meet the ownership costs of the property and implement the land use.

Casual Employment Employed persons who are not entitled to either paid holiday leave or sick leave.

Collaboration A structured process where two or more people or organisations work together toward a common goal.

Commitment In this context, commitment refers to the applicant being dedicated and responsible for managing the property and operating the land use.

Contract/Seasonal Work

Where a job is only available for a specified period.

Corporation An association of individuals, created under authority of law, having powers and liabilities distinct from those of its members.

Divestment The ILC’s transfer of property title (grant of land) to an Indigenous corporation.

Employment Paid work. The ILC recognises several different types of employment:

Full time – Working at least 35 hours per week and of greater than 3 months duration.

Part time – Working between 8 and 35 hours per week for a


duration greater than 3 months.

Casual – casual workers are not entitled to either paid holiday leave or sick leave. Positions are 8-35+ hours per week.

Contract / Seasonal – Working for a fixed period of time of less than 3 months, usually for a specific project.

Apprenticeships and traineeships – Undertaking paid, practical work under a registered training agreement, leading to a nationally recognised qualification. ‘Apprentices’ are generally training to be tradespeople, while ‘trainees’ are generally learning the skills of a non-trade occupation.

Community Development Employment Projects (CDEP) and top-up wages are not included within the ILC’s definition of employment as they are non-sustainable, relying on ongoing Commonwealth Government payments.

Within an ILC project, employment may be ‘existing’ (in place at the time the project begins) or ‘new’ (created as a result of the project).

Employment Related Training

Training that provides people with the skills and abilities to qualify them to be able to undertake employment.

Enterprise A business organisation or undertaking.

Environment Natural physical surroundings (includes soil, water, air, vegetation, animals, etc). Environmental benefits usually involve the maintenance or protection of plants, animals and landscapes.

Equity This may refer to:

The value of ownership interest that an individual holds in a business; or

The difference in value between a property’s market value and the outstanding balance of all encumbrances (such as a mortgage).

Existing Employment Employment that is already in place at the time of application.


Foreclosure When a bank has a mortgage over a company or its property and the company has not paid the bank what it owes - the Bank comes in to sell up the company’s property.

Full-time Employment

Employed persons who usually work 35 hours or more a week and are not receiving CDEP.

Governance How the corporation’s board or committee leads and runs the corporation. When a corporation has good governance, the governing board performs its duties accountably, with the support of management and staff, in line with members’ wishes, the constitution and the law, and ideally in partnership with stakeholders.

High Cultural Significance

Places that are widely recognised as holding great meaning and importance to Indigenous people, including significance for Indigenous law or spirituality.

Indigenous-held Land

Land in which an interest is held by an Aboriginal or Torres Strait Islander corporation or person.

Indigenous controlled organisation

An organisation is considered to be Indigenous-controlled if:

It is incorporated under the CATSI Act; and/or Indigenous people make up the majority of the organisation’s

membership, and the membership of its board or governing committee.

It is the ILC’s preference that the constitution of organisations it funds includes a requirement for Indigenous control.

Land Any area of ground not covered by a body of water (can include banks of inland waters and beaches above the sea’s low water mark).

Land-based business An activity conducted for profit that consists of, or relates to, the managed use, care or improvement of land where land is essential to the operation of the business.

Land Management The managed use, care, or improvement of land.


Lease An agreement entered into between a landowner and another group. It outlines conditions under which the group can live on and/or use the land. The ILC enters into a lease with applicant groups for up to three years after a property has been purchased.

Legal Entity An entity or individual with legal system granted rights and duties. For the purpose of the Land Acquisition program a legal entity is an Indigenous corporation which is incorporated though either the State, Territory or Commonwealth legislation.

Legislative Requirements

Legislative requirements are any conditions imposed on the ILC; Indigenous landholders; the acquisition of property; or the transfer of title by specific State, Territory or Commonwealth legislation.

Liquidation When a corporation’s financial difficulties has led to the selling of its assets and the corporation being closed down. In some cases, a court may appoint a person (called a liquidator) to close down the company.

Loan Guarantee An agreement in which a third party says it will repay a loan if the borrower is unable to repay.

Non-accredited Training

Training that may be recognised within an organisation but is not recognised nationally.

Non-employment Related Training

Training that improves people’s employment skills but does not lead directly to employment opportunities.

Ongoing Property Ownership Costs

The costs associated with managing and maintaining a property, including council rates, services and utilities.

Operational Costs The costs associated with undertaking a land use and activity, including wages, petty cash, etc.

Part-time Employment

Employed persons who usually work less than 35 hours a week.


Priority Outcomes The Land Acquisition Program focuses on three priority areas, known as Priority Outcomes. The Indigenous benefits achieved by ILC-funded projects contribute toward three priority outcomes: socio-economic development, access to and protection of cultural and environmental values, and access to education.

Progress Indicators The 13 ILC measures used to record Indigenous benefits achieved under the ILC’s Priority Outcomes. These measures include training participation and employment participation.

Property A legally-defined portion of land, including any buildings and infrastructure.

Property Management Plan

A Property Management Plan is a document that describes property resources and the plan for how the property will be managed. It should include:

A description of the property, including buildings and infrastructure, soil types, water, vegetation, environmental aspects, and any heritage sites (if applicable);

A description of the land use(s) proposed for the property;

The activities required for the maintenance and management of the property and a plan for how and when these will be achieved;

A description of how cultural, Indigenous and natural heritage values will be managed sustainably;

Budgets for landholding costs and other fixed and recurrent costs related to land ownership;

Projection and description of Indigenous benefits that will be generated through the proposed land use(s); and

Risk assessment.

Recurrent Funding Repeated grant of funds for a specific purpose. The ILC usually avoids recurrent funding for projects; the need for recurrent funding is evidence that a project is not sustainable in its own right.

Relative Assessment Assessment of applications against one another, taking into account the benefits proposed for Indigenous people, the cost of the project and the ILC’s available budget.


Settlement The part of the process of transferring land from one owner to the other where money and documents are exchanged.

Solvency (and insolvency)

The financial position of a company - whether it can pay its debts when it has to (solvent), or whether it cannot pay its debts when it has to (insolvency).

Sound Land and Environmental Management Practices

Sound land and environmental management practices are activities that a) repair or improve the condition of the environment, b) protect the current state of the environment, or c) prevent or mitigate degradation to the environment.

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) defines the ‘environment’ to mean: a) ecosystems and their constituent parts, including people and communities; b) natural and physical resources; c) the qualities and characteristics of locations, places and areas; d) heritage values of places; and e) the social, economic and cultural aspects of the things mentioned above.

Structured Program A planned, coordinated group of activities; usually delivered through an arrangement with another agency.

Suitable How appropriate something is. In this case, that the land chosen is appropriate for the activity that the corporation wishes to run on it.

Sustainable Able to be maintained and continued into the future.

Tenure The term commonly used to describe different interests in the land (for example, freehold, leases, and reserves). Each includes different rights, responsibilities and restrictions.

Trainee A trainee is a twelve month training position; the employee will generally attend trade school one day a week and work the remaining 4 in order to receive on the job training. Like an apprentice, the trainee may be employed under group training arrangements. A traineeship will provide an employee with Certificate III certifications.


Undischarged bankrupt

Refers to individual people who have got into serious financial difficulties and a court has declared that their affairs must now be controlled by another person for a particular period. That person who is in such financial difficulty is a bankrupt and during the relevant period is an undischarged bankrupt until that period finishes.

Vendor The person/organisation who is selling the property. This may be a private individual/organisation (selling privately), or an agent who is selling the property on the behalf of someone (e.g. a real estate agent).

Viable Practicable, workable and stable.

In business terms, a viable enterprise is one that:

Is successful and does not require specific grants or wage assistance (that is, the business can pay its operating costs, maintenance and replacement of capital assets when required without grant funding or wage assistance); and

Provides a positive return on capital invested over the life of the business.

Work Plan A document that describes things that need to be done to manage the property and land use (for example, training activities, reporting, land management activities). Originally submitted as part of an application, it is further developed during assessment and is used during the land holding period to demonstrate the capacity of the potential title holding body.

Zoning A planning regulation set by local government that controls the types of land uses and physical development allowed on properties. Zoning regulations typically specify the areas in which residential, industrial, recreational, agricultural or commercial activities may take place.


Divisional Contacts

If you live in Divisional Office Contact

Western Australia Western Division Office Level 12207 Murray StreetPerth WA 6000

PO Box 7502Cloisters SquarePerth WA 6850

Ph: (08) 9420 6300Fax: (08) 9324 2225

Email: [email protected]

Northern Territory, South Australia,Victoria, orTasmania

Central Division Office Level 7121 King William StreetAdelaide SA 5000

GPO Box 652Adelaide, SA 5001

Ph: (08) 8100 7102Fax: (08) 8100 7150

Email:

[email protected]

New South Wales, Queensland, or Australian Capital Territory

Eastern Division Office Level 267 Astor TerraceSpring Hill QLD 4004

GPO Box 5212 Brisbane, QLD 4001

Ph: (07) 3854 4600Fax: (07) 3854 4666

Email: [email protected]

Anywhere within Australia

To connect with the appropriate ILC Office

Toll free number1800 818 490


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