2 days ago
Three First Nations groups granted exclusive native title over key Victorian sites after long legal fight
A major legal victory has been handed down in Victoria's northwest, where three Aboriginal groups have been formally recognised as holding exclusive native title rights over a vast swathe of land, including popular national parks and riverfronts.
The Federal Court confirmed on Friday that the Latji Latji, Ngintait and Nyeri Nyeri peoples, united as the First Peoples of the Millewa-Mallee, are the rightful custodians of thousands of square kilometres of territory extending from Mildura to the South Australian border.
The ruling, handed down by Justice Elizabeth Bennett, delivers the highest level of land rights available under native title law, granting traditional owners the legal authority to control who can and cannot enter or use the land.
'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,' Justice Bennett said.
'It is appropriate to make the orders sought. 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.'
The area under native title stretches along the Murray River and covers parts of the Calder Highway and the Murray-Sunset National Park, which is home to Victoria's iconic pink lakes.
The decision also includes areas frequented by tourists and locals alike, including Apex Park Sandbar and Kings Billabong Park.
Indigenous Leader Warren Mundine told Sky News it was a "breakthrough" moment for Indigenous Australians.
"This is the continued success and more so the breakthrough for Aboriginal people where it shows that they can actually regain some of their land," he said.
"More than 50 per cent of Australia's land is now in the hands of Aboriginal people, which gives them a great opportunity for cultural and economic success, which they can now do on their land. This will only lift their communities up and bring them into the wider Australian community.
"Now these communities need to build a future for themselves and to make those economic benefits and cultural outcomes — they need to build their communities and make them better for them."
According to First Nations Legal & Research Services (FNLRS), the case marks a turning point in Victoria's native title landscape.
'This historic outcome confirms that the State accepts the native title holders' right to control access to their country under traditional law and custom,' FNLRS said in a statement.
'Thus, challenging the long-held view that exclusive native title rights could not be recognised in Victoria.
'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.'
The decision not only grants exclusive rights over the land but also reaffirms non-exclusive rights such as cultural access and the protection of heritage sites.
For many, the ruling is deeply personal.
Nyeri Nyeri Elder Wendy Brabham reflected on the long road to recognition, highlighting the cultural compromises Indigenous Australians have had to make within the legal system.
'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,' Ms Brabham said.
She added: 'We went through an onslaught of rejections . . . and we had to bend our customs, laws, protocols and traditions to Australian law.'
Legal experts say the case could open the door for other Indigenous groups across the state to pursue similar recognition, challenging long-standing legal assumptions about exclusive native title in the south-east of Australia.
Earlier this month the Victorian government released a joint statement with the state's First Nations assembly revealing its plan to draw up a Treaty with Indigenous Australians and to further make the state's Voice to Parliament a permanent institution.
The Victorian government's Yoorrook Justice truth telling inquiry handed down its final report after four years of proceedings and claimed the state had been illegally occupied.
The commission also made 100 wide-ranging recommendations to the Victorian government including providing Indigenous Australians with tax relief, financial reparations and called on the state to finalise a Treaty agreement.
The statement said the reinforced body would give 'decision-making powers to make sure First Peoples' communities can design and deliver practical solutions for their communities'.
'The proposed body will sit within our existing parliamentary and democratic structures. It will not have veto power on policy or legislation — a power that does not exist under Victoria's parliamentary system," it said.
