Major native title decision awards exclusive rights in Aussie state
The Federal Court has recognised the First Peoples of the Millewa-Mallee - the Latji Latji, Ngintait and Nyeri Nyeri peoples - as holding exclusive rights to the land.
It means anyone who is not a traditional owner must seek permission to enter parts of their country, in a first-of-its-kind decision in Victoria.
The decision, made on Friday, follows a 10-year legal battle and covers thousands of square kilometres in the northwest corner of the state stretching to the South Australian border.
It takes in an area that includes Mildura, follows the Murray River, stretches south along the Calder Highway, and west through the Murray-Sunset National Park.
Apex Park Sandbar, Kings Billabong Park and Murray-Sunset National Park - known for its famous pink lakes - are on a list of landmarks covered by the claim.
Justice Elizabeth Bennett, in her judgment, noted that 'despite the dispossession and other atrocities inflicted upon the Native Title Holders and their predecessors, the Native Title Holders have maintained their traditional laws and customs and have under them a deep and enduring connection' to the area.
'It is appropriate to make the orders sought,' she found.
'In doing so, the Court recognises the resilience and determination of the First Peoples of the Millewa-Mallee Native Title Claim Group in reaching this milestone.
'Doing so is a testament to the strength of connection to Country that this determination reflects.'
In a statement, First Nations Legal & Research Services (FNLRS) said the traditional owners of the Millewa-Mallee had been fighting for recognition of native rights since the 1990s.
'This historic outcome confirms that the State accepts the native title holders' right to control access to their Country under traditional law and custom, challenging the long-held view that exclusive native title rights could not be recognised in Victoria,' it said.
'As with other successful native title claims, the native title holders also have non-exclusive rights including the right to access the land, use its resources, and protect sites, objects and places of cultural and spiritual significance.'
Wendy Brabham, a Nyeri Nyeri Elder, welcomed the decision and reflected on her mother's fight for land rights half a century ago.
'My Mother's demands for land rights in the 1970s and, for more than 25 years, our claims for Native Title suffered, until now, an onslaught of rejections.
'Nyeri Nyeri Peoples, with their own Ancient, longstanding Laws, customs and protocols have had to listen to, and bend to Australian Laws, customs and protocols in a constant battle; a clash of World Views.
'I hope our future generations of all our family groups will build on today's decision to honour our Ancestors by strengthening, preserving and sharing our Culture.'
Stacey Little, senior lawyer at FNLRS, said: 'this determination is a testament to (traditional owners') strength and persistence and reinforces their right to be involved in decision-making about Country'.
The native title holders' rights will be managed by the First Peoples of the Millewa-Mallee Aboriginal Corporation, which will serve as the native title body corporate.
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