Victoria will make history today as the Federal Court recognises native title for the first time through consent determinations in the State's west.
Outdoors in Little Desert National Park, Justice Merkel of the Federal Court is scheduled to make three consent determinations* recognising the native title rights and interests of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagalk peoples of the Wimmera region.
Victoria's first consent determinations will settle three native title claims lodged over 9,642 sq km in the Wimmera region between 1995 and 1999. Over 400 parties agreed to the determinations and an agreement package that delivers benefits to the native title holders.
The Court will recognise the claimants' traditional, non-exclusive native title rights to hunt, fish, gather and camp in Crown reserves totalling 269 sq km along the banks of the Wimmera River. Native title will not be recognised over the remainder of the claim areas. However, due to the agreement package, the native title holders will have other rights and benefits in these remaining areas.
An indigenous land use agreement (ILUA)** settles all future claims to native title and compensation. Related agreements set out how the recognised native title rights will co-exist with the rights of other users of the Crown land. The agreements establish a consultation protocol about future developments, give the native title holders an advisory role in the management of some national parks and wilderness areas, and transfer three parcels of culturally significant land. They also provide the native title holders with financial support to manage this land and to develop a community and cultural centre.
Represented by Native Title Services Victoria, the native title claimants negotiated the agreements with more than 400 other parties. The National Native Title Tribunal mediated to help parties establish the extent of the native title rights and how they would co-exist with the rights of other parties.
Tribunal member, Professor Doug Williamson QC, who mediated intensively between the parties during the last three years, said it was an enormous challenge for such a large number of parties with different interests and perspectives to engage and reach agreement.
‘However they took the challenge on, choosing to resolve their issues through negotiation, and as a result have achieved common ground and some certainty,’ he said. ‘By taking this approach they have formed long-term relationships that will help all parties to coordinate the enjoyment of their rights on the ground in the future.
‘Through the experience and outcomes gained as a result of these consent determinations and other agreements, we hope native title claims in other parts of Victoria will now be able to proceed more smoothly and be resolved more quickly ’
*Consent determinations are Federal Court decisions about whether or not the law recognises that native title exists.
**ILUAs are voluntary, legally binding agreements about the use and management of land, made between Indigenous groups and others with interests in a particular area.
Pronunciations: Wotjobaluk=whotjoebaluck; Jaadwa=jyardwarr (soft j); Jadawadjali=jyaddawodjalli (first j is soft); Wergaia=werguya; Jupagalk=yuppagulk.
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