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Talking Victoria, July 2007
Callover of Victorian Native Title claimsNorth West cluster of claims The North West cluster of claims comprises of five Dja Dja Wurrung claims, Yupagalk, Robinvale, Wamba Wamba, Barapa Barapa and Wadi Wadi. The Court was advised by the claimants' representative that the claimants and the State continue to work towards the agreed timetable provided in December 2006, subject to a minor change. The timetable provides for monthly negotiation meetings between the State and the claimants working towards a regional settlement. The meetings are scheduled for the rest of the year with a draft agreement expected to be authorised in April 2008. Current negotiations are focused on settlement by way of individual indigenous land use agreements. However the claimants have reserved their right to provide further connection evidence leaving the option open to pursue a determination of native title. An order made by Justice Finkelstein in December 2004 in relation to a parallel mediation process was discharged by Justice North. The court was advised that non-State respondent parties will be engaged in the mediation process once more substantial agreement has been reached between the claimants and the State on the nature of the proposed settlement. Justice North complimented the parties on the progress made in the matter before adjourning it to 10 September 2007. Latji Latji Wergaia The Latji Latji and the Wergaia people, who jointly form the claimant group in this matter, have agreed to withdraw their claim and lodge separate claims. The groups anticipate that they will be in a position to withdraw the claim by the end of July 2007. Justice North noted his disappointment that the issues between the parties could not be resolved and adjourned it to 10 September 2007. Latji Latji With the consent of the Robinvale claimants (VID 6003/98, VC96/1) who brought an application for joinder to the claim in September 2006, Justice North ordered that the matter be referred to a case management conference on 3 July 2007. The purpose of the conference, which will be attended by the representatives of the Latji Latji, the Robinvale joinder applicants, and the State, is to discuss arrangements for the appointment of an independent expert to assist in the resolution of the inter-indigenous dispute. The matter has been adjourned to 10 September 2007. Gunai/Kurnai The court was advised that three case management conferences were held in this matter since the last directions hearing on 19 March 2007 when the court ordered that:
Following discussions between the parties the court, at the 15 June 2007 hearing, ordered that:
Gunai/Kurnai Boonerwrung and Kurnai These claims were both adjourned to the Gunai/Kurnai hearing of evidence which is yet to be set for sometime in November. Justice North noted that a further adjournment on that day is likely because resolution is needed between the Gunai/Kurnai and Kurnai groups before progress is possible. The Gunai/Kurnai Boonerwrung native title application is a joint claim between members of the Gunai/Kurnai and Kurnai native title claims and the Boonerwrung. The Kurnai have lodged a strike out application on the basis that “the applicant fails to comply with s 61 [of the Native Title Act 1993 ] and is not authorised by the claim group”. With the consent of the Kurnai the strike out application was also adjourned. Native title forum for NAIDOC week12 July 2007 The Tribunal is holding a special NAIDOC week forum featuring Damein Bell as our guest speaker. Damein is the Project Manager for the Lake Condah Sustainable Development Project and Chairperson of the Gunditj Mirring Traditional Owners Aboriginal Corporation. The Gunditjmara are only the second claimant group whose native title rights and interests have been recognised through a consent determination in Victoria, a state where native title has been difficult to prove due to a history of dispossession of Aboriginal people. The determination was handed down on 30 March 2007 in a special sitting of the Federal Court in the Mount Eccles National Park. Native title was held to exist over the majority of 140,000 hectares of vacant crown land, national parks, reserves, rivers, creeks and sea north-west of Warrnambool in Victoria's western district. The court's decision marked Australia's 100th registered native title determination. At the seminar, Damein will talk about the importance of the native title determination to the Gunditjmara people and look at the relationship between native title and other projects that the Gunditjmara are involved in. Light refreshments will be served at the conclusion of Damein's presentation. When: 4pm – 6pm, Thursday 12 July 2007 Where: Koorie Heritage Trust, Education Room on Level 1, 295 King Street Melbourne RSVP: Victor Lovett Ph: (03) 9920 3000 or victorl@nntt.gov.au This is a free event. If you would like to attend or be kept informed about future forums and seminars regularly organised by the Tribunal's Melbourne office please ring Senior Case Manager Nadja Mack on (03) 9920 3018 or 1800 640 501. Victorian native title claims not yet in mediationClaims in mediation As at 1 July 2007 there are 16 current claims in Victoria, 11 are in mediation. Four have not been referred to the Tribunal for mediation:
Claims to be registration tested Recent amendments to the Native Title Act require the Tribunal's Registrar to re-apply the registration test to those claims where the test has previously been applied and the test conditions were not met. (further information on registration tests). In Victoria the following claims will be re-tested:
The Registrar is to use his best endeavours to test such claims within one year of the commencement date of the Native Title Amendment Act 2007 (by 15 April 2008). If a claim is found not to comply with the merit conditions of the test, s.190D(6) of the Act requires the Registrar to advise the court and the court may then dismiss the application in accordance with s.190D(7). Notification of claims Out of Victoria's 16 native title applications, three have not yet been notified in accordance with s.66 of the Act: the Gunai/Kurnai Boonerwrung, Kurnai and Bunurong claims (further information on the notification process). The notification of these applications will not proceed until the registration test has been reapplied. Statistics on Victoria's native title claims
View a map of native title claims in Victoria (pdf 2.44mb) Who is who in the Melbourne RegistryTribunal Employees
Tribunal Members and their Victorian claims
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 For definitions of specific native title words and terms see the Glossary. |
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