Latest news with #land rights
Daily Mail
a day 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.
ABC News
5 days ago
- General
- ABC News
Native title win gives traditional owners exclusive rights
The Federal Court has awarded a historic native title determination allowing First Nations people in Victoria's north-west the right to control access to their country for the first time. The First Peoples of the Millewa-Mallee's native title determination includes areas with exclusive rights for traditional owners, meaning anybody wanting to access those areas will need to seek permission from them. The Wamba Wemba traditional owner group, further upstream near Swan Hill, is also applying for native title.
News.com.au
5 days ago
- Politics
- News.com.au
Major native title decision awards exclusive rights in Aussie state
A court has determined three groups of Indigenous peoples can control access to parts of northwestern Victoria in a landmark native title decision. 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.
SBS Australia
5 days ago
- General
- SBS Australia
Three Victorian Traditional Owner groups have won full native title over their ancestral lands
An historic native title determination has seen exclusive native title rights granted to three Traditional Owner groups in north-west Victoria. The Latji Latji, Ngintait and Nyeri Nyeri peoples celebrated the end of a decades-long fight on Friday with a Federal Court ruling that their application for native title, formally lodged in 2015, was valid. The determination covers an area which includes Mildura and stretches to the South Australian border. The ruling, the first of its kind in the state, grants the Traditional Owner groups non-exclusive rights, including the right to access the land, use its resources, and protect sites, objects and places of cultural and spiritual significance. Representatives from the three groups, gathered in Mildura for the determination, expressed their joy at the successful end to their long-running claim. The native title determination area in Victoria's north west. 'As a Latji Latji man, I am proud that our rights and interests are formally recognised on the lands where my ancestors lived," said Shane Jones Snr.\ "With native title, our present and future generations can continue the legacy of all our Elders and emerging Elders." Nyeri Nyeri Elder Wendy Brabham spoke of her mother's fight for land rights stretching back to the 1970s. "[We] suffered, until now, an onslaught of rejections," she said in a statement. 'I hear the voices of our Nyeri Nyeri Ancestors, I hear the voices of our present generations ... They weathered the storm; we are still weathering the storm. "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." Timothy Johnson hailed the collaboration between the three Traditional Owner groups in attaining the native title determination, and welcomed the decision. "It means we can continue to care and look after the lands where our ancestors walked, hunted and held ceremonies on."
