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The Guardian - AU
The Guardian - AU
National
Cait Kelly

Traditional owners file native title claim over Melbourne and surrounding areas

An aerial view of Melbourne and its suburbs
The native title claim by the Wurundjeri Woi-wurrung people covers thousands of square kilometres in Melbourne and surrounding regions. Photograph: Andrew Peacock/Getty Images

Traditional owners have filed a native title claim over Melbourne and surrounding regions.

The claim by the Wurundjeri Woi-wurrung people covers thousands of square kilometres, from the mouth of the Werribee River north to its headwater in the Great Dividing Range, east to Mount Baw Baw, south through Bunyip and west to Mordialloc Creek.

It also covers significant waterways including parts of the Yarra, Maribyrnong and Plenty rivers, and the northern section of Port Philip Bay. The area around Coranderrk, an Aboriginal reserve established by the Victorian government in 1863, which still regarded as a key site of self-determination, would also be recognised under the claim filed with the federal court on Friday.

It comes one week after Victoria became the first Australian state to pass into law a formal treaty with Aboriginal people.

Di Kerr, a Wurundjeri Woi-wurrung elder, said the process was about “ensuring our connection to country is recognised in law, as it has always existed in truth”.

“We’re very proud that this process is happening, and we want to walk together,” Kerr said. “We don’t want it to be separate. We want to have partnerships with governments and Parks Victoria so we can co-manage and look after that country.”

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If successful, it would be the eighth native title determination to be granted in Victoria and the third that covers a capital city. The Kaurna people were recognised as native title holders over Adelaide in 2018, after an 18-year battle; and the Noongar native title settlement in Western Australia covers the entire south-west corner of the state, including Perth.

Filing the application with the federal court is an early step in what can often be a decades-long process. If native title were granted, it would recognise the Wurundjeri Woi-wurrung’s rights to access, use and protect land in line with their laws and customs, along with the right to be consulted.

Native title is only applied to crown land and does not affect private homes, businesses or public infrastructure. As such it has limited scope within metropolitan areas.

The Wurundjeri Woi-wurrung people are hoping to negotiate the transfer of management, or involvement in the administration, of some parks and conservation areas within the claim area. These could include parts of the Dandenong Ranges, Bunyip state park, Wombat state forest and Lerderderg state park.

There are six other native title applications before the federal court in Victoria, which collectively encompass most of the state.

A Wurundjeri Woi-wurrung elder, Perry Wandin, said when native title claims were launched, “everyone thinks we’re coming after their properties”. But he said their aim was actually to work in conjunction with government and communities to look after 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,” he said.

“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.”

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