The Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagalk native title determinations in western Victoria
In December 2005, the first consent determination of native title in south eastern Australia was handed down by the Federal Court of Australia. The claim was first lodged in 1995 and following many years of intense negotiations, was finally resolved in 2005.
The terms of the settlement involve a determination which recognises native title rights to hunt, fish, gather and camp for personal, domestic and non-commercial communal needs along approximately 153 km of the length of the Wimmera River, and a determination that native title does not exist over the remainder of the claim area.
The settlement also involves the transfer of three parcels of culturally significant land to the native title holders; consultation rights in approximately 30% of the original claim area to which the claimants have a close cultural connection (the core area); cooperative management arrangements in various state forests and national parks within the core area; funding for a cultural/community centre, and funding for the administration and operation of the Prescribed Body Corporate that will hold the native title rights.
Almost 450 people or organisations were involved in the process. These included:
- the Victorian State Government
- the Federal Government
- eight local councils
- telecommunications and other utilities
- holders of leases, licences and permits to use the land and water for purposes such as mining, forestry, agriculture, beekeeping, fishing, tourism and recreation.
The Aboriginal people with an interest in the area now know what their rights are in the area and how they will co-exist with the rights of other people to use the area. The rights that other people hold in the area, whether covered by the agreements or the determination that native title exists along the river and its foreshores, have not changed.
More information is available from the following websites:
- National Native Tribunal media release
- National Native Tribunal publication
- Agreements database record
- ABC's Message Stick: Aboriginal and Torres Strait Islander Online
- Federal Court's decision
