A property donated by the family of renowned satirist and comedian John Clarke has become embroiled in a long-running dispute between two First Nations groups in Victoria.
The land on Phillip Island, about 120km south-east of Melbourne, was donated by Clarke’s widow, Helen McDonald, to conservation group Trust for Nature after his death in 2017.
Trust for Nature intends to transfer the eight-hectare property to the Bunurong Land Council Aboriginal Corporation, however a local traditional owner has demanded that be halted.
While the Bunurong Land Council Aboriginal Corporation is the registered local Aboriginal party, the area involves land on which members of the Boonwurrung people is seeking native title via the federal court.
Boonwurrung elder Carolyn Briggs said Trust for Nature had made no effort to consult with her people about the handover.
“Once again we have been ignored and decisions made for us by non-Indigenous people,” she told Guardian Australia.
Briggs argued the Trust for Nature should postpone the land transfer to allow the legal process to run its course.
Gayle Austen, the chair of Trust for Nature, said it was continuing negotiations with the Bunurong Land Council Aboriginal Corporation regarding the Phillip Island property.
“This does not in any way affect the native title claim that the Boon Wurrung Foundation are pursuing, and which doesn’t apply to privately owned property,” she said.
“Trust for Nature continues to work with all traditional owner groups across Victoria on a range of projects and Caring for Country initiatives. We have expressed our desire to connect with the Boon Wurrung Foundation and explore opportunities with them into the future.”
The agreement includes 12 months access and managed rights followed by a title transfer next year.
The chair of the Bunurong Land Council Aboriginal Corporation board of directors, Kelly Lehmann, said the transfer was an “amazing opportunity” for Bunurong people.
“Through this land we can further support our future generations in learning culture and Caring for Country,” she said in a statement.
The native title lawyer James Fitzgerald said the dispute highlighted “the challenges faced when you try to unscramble the eggs of colonialism 200 years after the event”.
According to the Victorian Aboriginal Heritage Council, the only known Boon Wurrung (Bunurong) apical ancestors with living descendents are believed to be women who were abducted by sealers in the early 18th century. The council said due to this disruption, the historical record linking current day people with Boon Wurrung – also known as Bunurong – ancestors is in some places incomplete or contradictory.
The Boonwurrung Land and Sea Council has long argued that it is not represented by the Bunurong Land Council, which it has previously claimed was largely made up of interstate members.
The Victorian Aboriginal Heritage Council – a public body made up of the 11 traditional owners appointed by the state government – has previously rejected the Boonwurrung Land and Sea Council’s application to be listed as a registered Aboriginal party. Registered Aboriginal parties are traditional owner groups that are legally recognised under the state’s Aboriginal Heritage Act and have responsibility for managing and protecting Aboriginal cultural heritage relating to Country.
Under the state’s Traditional Owner Settlement Act, traditional owners are also recognised outside the federal native title scheme.
Briggs has previously criticised the Aboriginal Heritage Council for recognising the Bunurong Land Council as representatives of the Boonwurrung people.
But in 2019 the state’s supreme court upheld the council’s move to grant the Bunurong Land Council the status of a registered Aboriginal party.
The Boonwurrung group is pursuing a native title claim covering about 13,000 sq km over large swathes of Melbourne and Gippsland.
The Bunurong Land Council did not respond to questions about the dispute when contacted by Guardian Australia.
