Historic native title ruling for Victorian traditional owners
The landmark ruling in the Federal Court on Friday provides recognition for the traditional owners of the Millewa-Mallee – including those who identify as Latji Latji, Ngintait and Nyeri Nyeri people – and grants them exclusive possession over areas reserved or held in trust expressly for Aboriginal people, such as properties owned by Indigenous corporations.
It is the first time exclusive native title has been granted in Victoria.
In her judgment, the result of a 10-year-long negotiation between the traditional owners and the state, Justice Elizabeth Bennett said this was testament to the strength of the Indigenous community and their ancestors.
The traditional owners will also receive exclusive possession over certain national park areas to be agreed with the state government. Entry to designated park sections by those who are not Millewa-Mallee Indigenous people may require permission, pending future negotiations between traditional owners and the state.
However, these rights will not affect any privately owned land.
The determination also grants the traditional owners non-exclusive native title rights, including to hunt, fish, gather and camp across the entire determination area, which traces the Murray River and stretches south along the Calder Highway, and extends west through the Murray-Sunset National Park to the South Australian border.
'The parties, in their joint submission, have recognised 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 Country,' Bennett said.
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