Latest news with #native title
ABC News
a day ago
- General
- ABC News
How will exclusive native title rights work in Victoria's Millewa-Mallee?
A landmark Victorian native title ruling handed down near Mildura has left residents with unanswered questions about how "exclusive" native title works. The decision from earlier this month granted traditional owners from the Ngintait, Latji Latji and Nyeri Nyeri First Nations groups native title rights over an area along the south side of the Murray River, between Iraak, 40 kilometres south-east of Mildura, and Lindsay Point, 130km west of Mildura. And in a Victorian-first, the Federal Court has determined "exclusive" native title rights over some of that land. Native title is a legal recognition that some traditional owners continue to hold rights to their land and waters, giving them the power to move about, camp, hunt, fish and teach on country. The strongest form of native title is exclusive rights, which may be recognised in areas such as freehold property owned by an Aboriginal corporation. First Nations Legal and Research Services lawyer Eleanor Kay said it meant "they've maintained their laws and customs and have an enduring connection to their country". But Ms Kay said the exclusive native title of the prescribed body corporate, The First People of the Millewa-Mallee Aboriginal Corporation, did not mean land would be "locked up" or public access would be denied. "There's no encroachment on the public right to access," she said. Ms Kay said for most people living in north-west Victoria, the determination was more a legal change rather than a practical one. She said farmland remained farmland, public land remained public, and boats still had access to waterways. "It isn't going to really change anything for the everyday person living in this part of Victoria," Ms Kay said. The Victorian government has confirmed freehold title takes precedence over exclusive native title rights. Ngintait man Nathan Giles said the determination was a "progressive" decision to give traditional owners clarity and authority. "It's not just a right through native title, but it's a responsibility that we have as First Nation mob from here to look after the country," he said. Latji Latji junior elder, Aunty Melissa Jones, said native title meant traditional owners could go about protecting First Nations "old people" — ancestors buried across the Millewa-Mallee — by restoring the burial grounds without breaking rules or laws. One suggestion is for the First Peoples of the Millewa-Mallee to build up logs as a barrier around burial grounds to stop sand from covering the burial sites during winds. Ten years ago, and just across the Murray River, the Barkindji traditional owners were awarded native title status in south-west New South Wales. But a decade on, Barkindji elder Uncle Arthur Kirby said native title had not provided what he had hoped it would. He said the Barkindji traditional owners were waiting for Crown land to be transferred so they could build an office, but the land would be allocated to the body corporate and leased back to the community. "You get rights in a sense, but the government controls it," Uncle Kirby said. "It sounds good, but the definition is wrong." In the recent determination, exclusive rights relate to Aboriginal-held freehold land already owned by Aboriginal organisations, or land held in trust or reserved for the benefit of Aboriginal peoples. The Victorian government said any existing interest-holders, such as people with leases or licences over Crown land within that area, would be unaffected by the determination. If traditional owners choose to exercise their exclusive rights over parcels of land, the First Peoples of the Millewa-Mallee would enter into negotiations with the Victorian government. The government said it would go through a three-month public notice period, taking submissions from the public, before any agreement was struck. Once agreed, the Aboriginal corporation would then have to apply to the Federal Court to vary the determination. "Places like Murray Sunset National Park will be subject to an agreement with the state, and we don't know exactly what that will look like." The native title ruling for the Millewa-Mallee does not provide native title over minerals, petroleum and groundwater, which continue to be owned by the federal and state governments. The CSIRO office at Irymple and the Mildura Recreation Reserve are also exempt. Alongside exclusive rights, there are also non-exclusive rights where the traditional laws and customs of the First Peoples of the Millewa-Mallee operate alongside state and Commonwealth law, and other land titles and licences. Marrah Law senior lawyer Henry Dow said under exclusive rights, an Aboriginal corporation could enter into an Indigenous land use agreement with another party. He said this approach was common in other states, such as Western Australia, where traditional owner groups such as the Banjima People, in the Pilbara region, have entered into agreements with mining companies on exclusively-held land. On non-exclusive land, where the state and native title coexist, the rules are a little different. And if they clash, Mr Dow said the law often reads that state and Commonwealth law will prevail over native title. "You might have traditional laws, customs and rights within a national park where you would have non-exclusive native title," Mr Dow said. The right to hunt by native title holders was confirmed by the High Court of Australia in 1999 when the Queensland government tried to prosecute traditional owner and native title holder, Murrandoo Yanner, for taking and killing two crocodiles.
Daily Mail
22-07-2025
- 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.
SBS Australia
19-07-2025
- Politics
- SBS Australia
SBS News in Filipino, Saturday 19 July 2025
A hung parliament expected in today's snap election in Tasmania, according to latest polls. Three Victoria Traditional Owner groups have won full native title over their ancestral lands. President Bongbong Marcos Jr. will meet President Donald Trump in Washington DC to hold talks on trade and security. LISTEN TO THE PODCAST SBS Filipino 19/07/2025 05:48 Filipino 📢 Where to Catch SBS Filipino
The Guardian
18-07-2025
- General
- The Guardian
Native title win for Millewa-Mallee First Nations peoples after decades-long fight
After a difficult journey spanning more than two decades, traditional owners say they've 'weathered the storm' to finally have their native title rights recognised. The federal court on Friday awarded the historic native title determination to the Indigenous peoples of the Millewa-Mallee from northwest Victoria, for the first time granting exclusive native title rights in the state. Exclusive native title means the three traditional owner groups which make up the First Nations peoples of the Millewa-Mallee – Latji Latji, Ngintait and Nyeri Nyeri – have the right to control access to their country under traditional law and customs. Sign up for Guardian Australia's breaking news email The determination covers thousands of square kilometres including Mildura and extending through the Murray-Sunset National Park to the South Australia border. It is the strongest form of native title rights and something the Latji Latji, Ngintait and Nyeri Nyeri people have been granted over some areas included in the determination. 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. Nyeri Nyeri elder Wendy Brabham said the group have been seeking native title recognition for more than 25 years. 'I hear the voices of our Nyeri Nyeri ancestors, I hear the voices of our present generations,' she said. 'They weathered the storm; we are still weathering the storm.' Brabham said she hopes future generations will build on the federal court's decision to honour the ancestors by continuing to strengthen, preserve and share culture.
ABC News
18-07-2025
- 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.
