Back to- News Teachers for Forests Home | Back to- News Reports Index | Back to- National News Index | Back to- National News - Water Index

13/12/05 - Victorian court recognises native title - AAP

13th Dec 05 - AAP

Native title has officially been recognised for the first time in Victoria with a court ruling giving five Aboriginal tribes land use rights by the banks of a river in the state's west.

The Federal Court, at a special hearing in Little Desert National Park near Dimboola in western Victoria, settled three claims totalling more than 9,500 square km - about four per cent of the state - lodged between 1995 and 1999.

But the settlement gave the claimants only about two per cent of the land originally claimed.

It recognised the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagalk people's non-exclusive rights to hunt, fish, gather and camp in Crown land covering 269 sq km of land along the banks of the Wimmera River.

The determination found native title did not exist in the rest of the claim area, but in a broader agreement package the state government has recognised the claimants' "close cultural ties" to a larger area.

The native title-holders will also be granted freehold title to three parcels of culturally sensitive crown land totalling 45 hectares.

Federal Court Justice Ron Merkel ruled it was "appropriate" under the Native Title Act to make the orders negotiated between the stakeholders, whom he commended for resolving the issue through mediation and consensus.

He said the orders had special significance because they appeared to constitute the first protection of native title on Australia's entire south-eastern seaboard.

Justice Merkel said the case demonstrated that the evolution of traditional laws and customs did not necessarily "wash away" Aboriginal people's connection with and claim to land.

Kaylene Clarke, deputy chairwoman of the Barengi Gadjin Land Council, the organisation established to manage the claimants' interests, welcomed the decision as a momentous historical occasion.

"Our mob have been working towards this day for over 10 years," she said.

"It now allows us to move forward and make a better future for our people."

The National Native Title Tribunal said the determination marked a turning point as it had been made with the consent of all 400-plus stakeholders - including state, federal and local governments, farmers, utilities and fishing, forestry and mining permit holders.

The tribunal has mediated negotiations since the Victorian government and Aboriginal representatives reached an in-principle agreement to settle the claims more than three years ago.

Tribunal member Professor Doug Williamson QC said it was an enormous challenge for such a large number of parties with different interests and perspectives to reach an agreement.

"Through the experience and outcomes gained as a result of these consent determinations and other agreements, we hope native title claims in other parts of Victoria will now be able proceed more smoothly and be resolved more quickly," he said.

Sixteen active native title claims are yet to be settled in Victoria.

Victorian Attorney-General Rob Hulls said the decision was proof of the Victorian government's commitment to settling native title claims without litigation.

"This decision, made with the agreement of all parties, should demonstrate to all Victorians Indigenous claims to land are not a source of division or a threat to the community," Mr Hulls said at the hearing today.

The package, which includes $2.6 million in state government funding over five years, sets out how native title holders will co-exist with other crown land users.

It establishes a consultation process with the state government about future developments, and gives the holders an advisory role in the management of some national parks and wilderness areas.

- AAP

Back to top