Note: all statistics and figures are as at 30 September 2009.
There have been several determinations of native title by consent in Victoria (Wimmera claims, Gunditjmara) and one litigated determination (Yorta Yorta).
The two Gunditjmara matters were determined in part in March 2007. The remaining parts of the claims are currently being mediated by the Federal Court.
Most current Victorian claims are in mediation. Seven claims in Victoria's north west are progressing as a cluster, comprising four Dja Dja Wurrung claims, the Robinvale claim, the Wamba Wamba Barapa Barapa Wadi Wadi claim and the Yupagalk claim. This cluster of claims may result in a regional settlement.
In June 2009, the Victorian Government announced the adoption of a Victorian Native Title Settlement Framework.
The framework is an alternative to the native title system in which Traditional Owners can directly negotiate with the state government to reach out-of-court settlements on native title and land justice issues. This would lead to “non-native title” agreements, whereby the state recognises a Traditional Owner group alongside a package of benefits, in return for their agreement to withdraw their native title claim(s) and/or not lodge one in the future.
Key components of a framework agreement include:
- access to land; an alternative future act regime (“Land Use Activity Regime”)
- access to and use of natural resources
- measures for recognition and strengthening culture
- alignment with cultural heritage processes
- claims resolution.
The Tribunal has offered to work with the Victorian Government to assist in the framework's implementation.
Details are available on the Victorian Government Department of Justice website.
Currently there is no native title claim activity in Tasmania.
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Contact the Victoria and Tasmania Registry.