Three Aboriginal groups have been awarded exclusive rights to land in Victoria, including the right to control access, following a decade-long court battle.
Federal Court Recognises Rights to Land Stretching Across Victoria and South Australia
The Federal Court has recognised the First Peoples of the Millewa-Mallee, the Latji Latji, Ngintait and Nyeri Nyeri, as holding rights to land stretching across Victoria’s northwest corner to the South Australian border.
This exclusive native title means the three traditional owner groups have the right to control access to the land, which 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.
Popular Destinations Covered by Native Title Determination
Several popular destinations are covered by the native title determination, including Apex Park Sandbar, Kings Billabong Park and Murray-Sunset National Park, home to Victoria’s famous pink lakes.
In passing down her decision, Justice Elizabeth Bennett recognised the ‘resilience and determination’ of the First Nations Peoples of Millewa-Mallee.
A “Historic Outcome” for Aboriginal Groups
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.
The decision is a “historic outcome” as it overturns long-held perceptions 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.
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.
A Precedent for Other Native Title Holders
The decision sets a precedent that may support other native title holders and claim groups to seek this same form of recognition.
Nyeri Nyeri Elder Wendy Brabham said First Nations Peoples suffered through an ‘onslaught of rejections’ as they fought for their Native Title rights.
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.”