Wadawurrung apply for native title

THE Wadawurrung people have submitted an application for a native title determination to the Federal Court, covering an area around the Bellarine, Surf Coast, Geelong and Ballarat in Victoria.

This area, including parts of Bass Strait and Port Phillip Bay, spans approximately 12,511sqkm.

The application asks the Federal Court to recognise that the Wadawurrung people hold native title in this area.

It was filed by Patrick Fagan and others on behalf of the Wadawurrung Native Title Claim and the State of Victoria (Wadawurrung).

On September 10, 2022, the native title claim group convened an authorisation meeting, during which they resolved to file the native title determination application for the land and waters depicted.

Wadawurrung Traditional Owners Corporation board director Greg Robinson said it was a significant claim.

“As a Wadawurrung Traditional Owner, the registering of our native title claim is of profound importance to our mob, Wadawurrung People,” Mr Robinson said.

Native title, a legal concept recognising the rights and interests to land and waters held by Indigenous peoples under traditional laws and customs, emerged in Australian law following the landmark High Court case Mabo v Queensland (No 2) in 1992.

Securing native title empowers First Australians to more effectively pursue their cultural, social, and economic goals, enabling them to fully harness the advantages of their native title rights and interests.

In 2023, Eastern Maar peoples in Victoria’s south-west gained formal recognition of their land rights in the first Victorian native title determination in a decade.

There have so far been more than 500 native title determinations in Australia.

“While this is a legal process, it is more than that, it is a vital step towards preserving our rich cultural heritage,” Mr Robinson said.

The Native Title Claim Group comprises the Wadawurrung peoples and includes all individuals who are biological descendants of the apical ancestor John Robinson (also known as John Robertson), and who identify as, and are recognised as, Wadawurrung persons in accordance with traditional Wadawurrung laws and customs.

“Registering our native title claim is an assertion of our enduring connection to the land—the very essence of our identity,” Mr Robinson said.

“It ensures that our cultural practices, passed down through generations, are acknowledged, respected, and protected for the benefit of our community and generations to come.”

Anyone wishing to become a party to the application is required to file a notice of intention to become a party with the Federal Court by March 26. So far, Wyndham City Council, the Commonwealth and Amplitel Pty Ltd have filed notices of intention to become a party.

After a successful native title determination, a prescribed body corporate is created to manage and represent the group’s native title rights and interests.