The Wurundjeri Woi-wurrung people have filed a native title claim covering a large part of Melbourne.
Native title formally recognises First Nations people’s rights and interests to land and waters according to traditional customs and law.
Wurundjeri Woi-wurrung Elder Aunty Di Kerr said a native title declaration would reflect their “connection to Country” in law, “as it has always existed in truth.”
What is native title, and how would this work?
Native Title
Native title grants protections and preservations for First Nations people in specific locations, including the right to camp, hunt, use water, hold meetings, perform ceremonies, and conduct burials.
It doesn’t impact the access of non-Indigenous people to public land and other legal interests, such as land ownership and corporate activities.
Native title is recognised over more than 32% of Australia’s landmass, according to the Australian Institute of Aboriginal and Torres Strait Islander Studies.
Proposed claim
The application is led by a core group of 11 Wurundjeri Woi-wurrung people.
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It includes evidence for an “unbroken connection” between the Wurundjeri Woi-wurrung people and the land, maintained “through culture, ceremony, and care for land and waterways.”
Lawyers argue the evidence shows these traditions and customs have been passed down through generations, including through “fishing, hunting, language, and art.”
The claim would encompass a large part of the greater Melbourne area.
Image: Slater and Gordon Lawyers
The claim will be considered by the National Native Title Tribunal, based at the Federal Court.
Treaty
Last month, a bill to establish a treaty with First Nations people passed Victoria’s Parliament.
The bill also establishes the First Peoples’ Assembly of Victoria as a permanent consultation body in Parliament.
The treaty will officially be signed and come into effect at a ceremony next month.
