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Three First Nations groups granted exclusive native title over key Victorian sites after long legal fight
Three First Nations groups granted exclusive native title over key Victorian sites after long legal fight

Sky News AU

time12 hours ago

  • Politics
  • Sky News AU

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.

Aboriginal groups win MAJOR native title claim following decade-long court battle
Aboriginal groups win MAJOR native title claim following decade-long court battle

Daily Mail​

time18 hours ago

  • Politics
  • Daily Mail​

Aboriginal groups win MAJOR native title claim following decade-long court battle

Three groups of Indigenous peoples have been awarded exclusive rights to land in Victoria following a decade-long court battle -including the right to control access. The Federal Court on Friday recognised the First Peoples of the Millewa-Mallee, the Latji Latji, Ngintait and Nyeri Nyeri, as holding rights to land stretching from Victoria's northwest corner to the South Australian border. Exclusive native title means the three traditional owner groups have the right to control access to their Country under traditional law and customs. The Victorian-first landmark native title decision followed a 10-year legal battle. The determination covers thousands of square kilometres, including Mildura, and follows the Murray River, stretching south along the Calder Highway and west through the Murray-Sunset National Park. Several popular destinations are covered by the native title determination. Apex Park Sandbar, Kings Billabong Park and Murray-Sunset National Park, home to Victoria's famous pink lakes, are all on the list of landmarks covered by the overall native title claim. In passing down her decision, Justice Elizabeth Bennett recognised the 'resilience and determination' of the First Nations Peoples of Millewa-Mallee. Justice Bennett added the First Nations people had maintained their traditional laws and customs despite' dispossession and other atrocities'. '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. 'Doing so is a testament to the strength of connection to Country that this determination reflects.' First Nations Legal & Research Services said the Millewa-Mallee First Nations Peoples had fought for the recognition of their native land rights since the 1990s. FNLRS added the decision was a 'historic outcome' which challenged long-held views that exclusive native title rights could not be recognised in Victoria. '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 Victorian-first landmark native title decision followed a 10-year legal battle over thousands of square kilometres in the state. FNLRS Senior Lawyer Stacey Little said the outcome was a 'testament' to the strength and persistence of the First Nations Peoples and proved their right to make decisions for Country. Nyeri Nyeri Elder Wendy Brabham said First Nations Peoples suffered through an 'onslaught of rejections' as they fought for their Native Title rights. Ms Brabham said Indigenous people had to bend their customs, laws, protocols and traditions to Australian law, which was a constant clash of views. She added her mother had fought for land rights since the 1970s and that the decision was a welcome change that helped honour the ancestors of the Indigenous people. '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. Shane Jones Senior, a Latji Latji man and the applicant for the peoples of the Millewa-Mallee, said he was proud of the result. 'Alongside all First Peoples of the Millewa-Mallee, including the Ngintait and Nyeri Nyeri peoples, we continue to live our culture,' he said. 'With native title, our present and future generations can continue the legacy of all our Elders and emerging Elders.' The decision sets a precedent that may support other native title holders and claim groups to seek this same form of recognition. The native title holders also have non-exclusive rights, including the right to access the land and use its resources, and to protect sites, objects and places of cultural and spiritual significance.

Decades-long fight leads to historic rights recognition
Decades-long fight leads to historic rights recognition

The Advertiser

time4 days ago

  • General
  • The Advertiser

Decades-long fight leads to historic rights recognition

After a difficult journey spanning more than two decades, traditional owners say they've "weathered the storm" to finally have their native title rights recognised. The Federal Court on Friday awarded the historic native title determination to the Indigenous peoples of the Millewa-Mallee from northwest Victoria, for the first time granting exclusive native title rights in the state. Exclusive native title means the three traditional owner groups which make up the First Nations peoples of the Millewa-Mallee - Latji Latji, Ngintait and Nyeri Nyeri - have the right to control access to their Country under traditional law and customs. The determination covers thousands of square kilometres including Mildura and extending through the Murray-Sunset National Park to the South Australia border. It is the strongest form of native title rights and something the Latji Latji, Ngintait and Nyeri Nyeri people have been granted over some areas included in the determination. Shane Jones Senior, a Latji Latji man and the applicant for the peoples of the Millewa-Mallee, said he was proud of the result. "Alongside all First Peoples of the Millewa-Mallee, including the Ngintait and Nyeri Nyeri peoples, we continue to live our culture," he said. "With native title, our present and future generations can continue the legacy of all our Elders and emerging Elders." The decision sets a precedent that may support other native title holders and claim groups to seek this same form of recognition. The native title holders also have non-exclusive rights, including the right to access the land and use its resources, and to protect sites, objects and places of cultural and spiritual significance. Nyeri Nyeri elder Wendy Brabham said the group have been seeking native title recognition for more than 25 years. "I hear the voices of our Nyeri Nyeri Ancestors, I hear the voices of our present generations," she said. "They weathered the storm; we are still weathering the storm." Ms Brabham said she hopes future generations will build on the Federal Court's decision to honour the ancestors by continuing to strengthen, preserve and share culture. After a difficult journey spanning more than two decades, traditional owners say they've "weathered the storm" to finally have their native title rights recognised. The Federal Court on Friday awarded the historic native title determination to the Indigenous peoples of the Millewa-Mallee from northwest Victoria, for the first time granting exclusive native title rights in the state. Exclusive native title means the three traditional owner groups which make up the First Nations peoples of the Millewa-Mallee - Latji Latji, Ngintait and Nyeri Nyeri - have the right to control access to their Country under traditional law and customs. The determination covers thousands of square kilometres including Mildura and extending through the Murray-Sunset National Park to the South Australia border. It is the strongest form of native title rights and something the Latji Latji, Ngintait and Nyeri Nyeri people have been granted over some areas included in the determination. Shane Jones Senior, a Latji Latji man and the applicant for the peoples of the Millewa-Mallee, said he was proud of the result. "Alongside all First Peoples of the Millewa-Mallee, including the Ngintait and Nyeri Nyeri peoples, we continue to live our culture," he said. "With native title, our present and future generations can continue the legacy of all our Elders and emerging Elders." The decision sets a precedent that may support other native title holders and claim groups to seek this same form of recognition. The native title holders also have non-exclusive rights, including the right to access the land and use its resources, and to protect sites, objects and places of cultural and spiritual significance. Nyeri Nyeri elder Wendy Brabham said the group have been seeking native title recognition for more than 25 years. "I hear the voices of our Nyeri Nyeri Ancestors, I hear the voices of our present generations," she said. "They weathered the storm; we are still weathering the storm." Ms Brabham said she hopes future generations will build on the Federal Court's decision to honour the ancestors by continuing to strengthen, preserve and share culture. After a difficult journey spanning more than two decades, traditional owners say they've "weathered the storm" to finally have their native title rights recognised. The Federal Court on Friday awarded the historic native title determination to the Indigenous peoples of the Millewa-Mallee from northwest Victoria, for the first time granting exclusive native title rights in the state. Exclusive native title means the three traditional owner groups which make up the First Nations peoples of the Millewa-Mallee - Latji Latji, Ngintait and Nyeri Nyeri - have the right to control access to their Country under traditional law and customs. The determination covers thousands of square kilometres including Mildura and extending through the Murray-Sunset National Park to the South Australia border. It is the strongest form of native title rights and something the Latji Latji, Ngintait and Nyeri Nyeri people have been granted over some areas included in the determination. Shane Jones Senior, a Latji Latji man and the applicant for the peoples of the Millewa-Mallee, said he was proud of the result. "Alongside all First Peoples of the Millewa-Mallee, including the Ngintait and Nyeri Nyeri peoples, we continue to live our culture," he said. "With native title, our present and future generations can continue the legacy of all our Elders and emerging Elders." The decision sets a precedent that may support other native title holders and claim groups to seek this same form of recognition. The native title holders also have non-exclusive rights, including the right to access the land and use its resources, and to protect sites, objects and places of cultural and spiritual significance. Nyeri Nyeri elder Wendy Brabham said the group have been seeking native title recognition for more than 25 years. "I hear the voices of our Nyeri Nyeri Ancestors, I hear the voices of our present generations," she said. "They weathered the storm; we are still weathering the storm." Ms Brabham said she hopes future generations will build on the Federal Court's decision to honour the ancestors by continuing to strengthen, preserve and share culture. After a difficult journey spanning more than two decades, traditional owners say they've "weathered the storm" to finally have their native title rights recognised. The Federal Court on Friday awarded the historic native title determination to the Indigenous peoples of the Millewa-Mallee from northwest Victoria, for the first time granting exclusive native title rights in the state. Exclusive native title means the three traditional owner groups which make up the First Nations peoples of the Millewa-Mallee - Latji Latji, Ngintait and Nyeri Nyeri - have the right to control access to their Country under traditional law and customs. The determination covers thousands of square kilometres including Mildura and extending through the Murray-Sunset National Park to the South Australia border. It is the strongest form of native title rights and something the Latji Latji, Ngintait and Nyeri Nyeri people have been granted over some areas included in the determination. Shane Jones Senior, a Latji Latji man and the applicant for the peoples of the Millewa-Mallee, said he was proud of the result. "Alongside all First Peoples of the Millewa-Mallee, including the Ngintait and Nyeri Nyeri peoples, we continue to live our culture," he said. "With native title, our present and future generations can continue the legacy of all our Elders and emerging Elders." The decision sets a precedent that may support other native title holders and claim groups to seek this same form of recognition. The native title holders also have non-exclusive rights, including the right to access the land and use its resources, and to protect sites, objects and places of cultural and spiritual significance. Nyeri Nyeri elder Wendy Brabham said the group have been seeking native title recognition for more than 25 years. "I hear the voices of our Nyeri Nyeri Ancestors, I hear the voices of our present generations," she said. "They weathered the storm; we are still weathering the storm." Ms Brabham said she hopes future generations will build on the Federal Court's decision to honour the ancestors by continuing to strengthen, preserve and share culture.

Historic native title ruling for Victorian traditional owners
Historic native title ruling for Victorian traditional owners

Sydney Morning Herald

time4 days ago

  • Politics
  • Sydney Morning Herald

Historic native title ruling for Victorian traditional owners

A group of Victorian traditional owners have won a decade-long legal contest against the state government, gaining exclusive and non-exclusive native title rights to sections of land spanning from Mildura to the South Australia border. 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.

Historic native title ruling for Victorian traditional owners
Historic native title ruling for Victorian traditional owners

The Age

time4 days ago

  • Politics
  • The Age

Historic native title ruling for Victorian traditional owners

A group of Victorian traditional owners have won a decade-long legal contest against the state government, gaining exclusive and non-exclusive native title rights to sections of land spanning from Mildura to the South Australia border. 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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