Traditional owners have taken a significant step toward land recognition by filing a native title claim that encompasses vast areas of Melbourne and its surrounding regions.
Extensive Land Coverage
The claim by the Wurundjeri Woi-wurrung people spans thousands of square kilometres, stretching from the Werribee River mouth northward to its headwater in the Great Dividing Range. The territory extends east to Mount Baw Baw, south through Bunyip, and west to Mordialloc Creek.
This substantial claim includes significant waterways such as sections of the Yarra, Maribyrnong and Plenty rivers, along with the northern portion of Port Philip Bay. The area surrounding Coranderrk, an Aboriginal reserve established by the Victorian government in 1863 that remains a crucial site of self-determination, would also receive recognition under this claim.
Historical Context and Legal Process
The federal court application, submitted on Friday, comes just one week after Victoria achieved a historic milestone by becoming the first Australian state to pass into law a formal treaty with Aboriginal people.
Di Kerr, a Wurundjeri Woi-wurrung elder, emphasised that this legal process aims to ensure "our connection to country is recognised in law, as it has always existed in truth." Kerr expressed pride in the proceedings and highlighted the community's desire for collaborative partnerships rather than separation.
"We want to have partnerships with governments and Parks Victoria so we can co-manage and look after that country," Kerr stated, underscoring the cooperative approach behind the claim.
Potential Outcomes and Precedents
If successful, this would mark the eighth native title determination granted in Victoria and only the third covering a capital city. Previous recognitions include the Kaurna people being acknowledged as native title holders over Adelaide in 2018 after an 18-year legal battle, and the Noongar native title settlement in Western Australia that encompasses the entire south-west corner of the state, including Perth.
The filing represents an initial stage in what frequently becomes a decades-long legal process. A positive native title determination would legally acknowledge the Wurundjeri Woi-wurrung's rights to access, utilise, and protect land according to their traditional laws and customs, along with securing consultation rights.
Importantly, native title applies exclusively to crown land and does not impact private residences, businesses, or public infrastructure, limiting its scope within metropolitan regions.
Future Management Aspirations
The Wurundjeri Woi-wurrung community aims to negotiate management transfers or collaborative administration of specific parks and conservation areas within the claim zone. Potential sites include sections of the Dandenong Ranges, Bunyip State Park, Wombat State Forest, and Lerderderg State Park.
Perry Wandin, another Wurundjeri Woi-wurrung elder, addressed common misconceptions about native title claims, noting that "everyone thinks we're coming after their properties" when such claims are initiated. He clarified that their objective involves working cooperatively with government bodies and communities to preserve and restore the land.
"Wurundjeri people have fought for decades for recognition and respect and have been at the forefront of protecting culture and country in Melbourne and surrounds," Wandin affirmed. "The courts have recognised seven other groups in Victoria. It is now time for the traditional lore and customs of the Wurundjeri Woi-wurrung people to be recognised."
Currently, six additional native title applications are before the federal court in Victoria, collectively covering most of the state, indicating a significant movement toward broader Indigenous land recognition across the region.
