In order to initiate the billing process, a group must establish a threshold note for the traditional owner that will be made available to one of the native for evaluation. A threshold statement consists of two parts: the Traditional Owner Settlement Act provides for extrajudicial regulation of national property and the provision of fonciale justice. The Victorian Traditional Owner Settlement Act 2010 provides for out-of-court regulation of the national title. The law allows the Victorian government to recognize traditional owners and certain rights in Kronland. In return for a transaction, traditional owners must agree to withdraw any eligible title under the Native Title Act 1993 (Cth) and not to assert future national claims. Under the TOS Act, water rights are governed by an RNA. Water collection is permitted for traditional purposes, but not for commercial purposes. [Note 123] However, the Water Act provides for similar rights to bring water to the general public and this distinction is therefore purely symbolic in the TOS Act. [Note 124] Like future NTA legislation, some water management rights are governed by the LUAAs. In the case of land use activities related to water management, certain activities may be negotiated in connection with the conduct of the activity, but not on the question of whether the activity can be continued. However, water management activities can also be described as «routine» or «advice,» which would further reduce the activity rights of traditional owners.

It allows traditional landowners to enter into agreements with the Victorian government to achieve a comprehensive settlement of debts, with real and lasting benefits such as the granting of land of land, joint management of public lands and the basis for sustainable economic development. At the time of publication, a number of traditional ownership groups were at different stages of negotiating a regulation of the law to tos: alternative comparisons may be issues such as: with regard to the negotiation process, both groups criticized a lack of transparency as to what is «on the table». They recognized that, since they were only the first two colonies, settlement processes could be streamlined and more transparent with respect to the range of results available if other agreements were negotiated. For example, the Federation of Tradition Corporations of Victoria is a significant participant in the organization of discussions between groups that have reached an agreement and those that have yet to enter into negotiations to facilitate awareness of what can be expected as soon as the groups arrive at the negotiating table. However, this type of open debate is not supported by government actors. One of the key challenges in developing a comprehensive and generally recognized system of recognition of aboriginal and Islanders land and water rights in Torres Strait has been the challenge of harmonizing these two fundamentally different concepts of land ownership and land use. Also in Western Australia, the South West Native Title Settlement between the Noongar and the State is the largest and most complete colony of Australian indigenous interests in Australian history.