In general, Native title exists on crown land and waters if there has not been a valid act of government or other events affecting it, such as the grant of freehold land, the issue of crown leases and the construction of public works.

Managers responsible for crown land where Native title exists may be required to send a notice to the representative body of the Native title claimants. Notification would be required for developments such as the construction of new buildings, structures that are fixtures, roads, wells, bores, or any major earthwork.

However, managers would not need to forward notifications for everyday reserve management activities such as renovating existing buildings, repairing existing facilities such as fences, landscaping, revegetation and eradicating pest plants and animals. If you are in doubt you should contact your local DSE office for advice.

Existing facilities such as halls, toilet blocks, change sheds, tennis courts, ovals, fences, walking tracks and car parks would be considered to have extinguished Native title on crown reserves, provided they were there prior to 23 December 1996 (when the amended Native Title Act began).

Native title does not remove or defeat the valid interests of holders of leases, licences or permits for crown land

To view a webpage containing factsheets that relate to native title go to the Victorian Department of Sustainability and Environments website - www.dse.vic.gov.au.