Contributed, Nhill Free Press & Kaniva Times
The Traditional Owner Settlement Act 2010 provides a framework for out-of-court recognition of Traditional Owner rights, financial and land management packages and settlement of native title claims in Victoria, negotiated between Traditional Owners and the Victorian Government.
Signed in October 2022, this Recognition and Resettlement Agreement is between the Victorian Government and Traditional Owners and impacts Crown land only. It excludes freehold land and does not include the local council, with no impact on current council laws.
In addition to progressing Traditional Owner Settlements initiated by Traditional Owners, the Victorian Government is firmly committed to benefiting all Victorians by progressing Treaty and Truth and advancing self-determination for all First Nations People in Victoria, in partnership with the First Peoples’ Assembly of Victoria.
Background:
In October 2022 the Barengi Gadjin Land Council (BGLC), acting on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk People of the Wotjobaluk Nations (WJJWJ People), signed a Recognition and Settlement Agreement (RSA) with the Victorian Government under the Traditional Owner Settlement Act 2010 (Vic) (The Act).
The Act provides for an out-of-court settlement of native title. It allows the Victorian Government to recognise traditional owners and certain rights in Crown land.
A Public Notification was placed in thirteen publications across the Wimmera region in early March to notify local communities and the public of the agreement.
On 23 June 2023, BGLC held an Implementation Workshop at the Horsham Town Hall, attended by State Government executives, LGA CEOs and BGLC Board members, to discuss implementation of the RSA and key steps to ensure an ongoing dialogue between all parties.
Local council involvement: The agreement has no impact on current council laws and regulations and local councils are not a party to this agreement, which is between the Victorian Government and Traditional Owners. The agreement includes a ‘Local Government Engagement Strategy’, which provides proposed actions for local government. The proposed actions are non-binding and there is no regulatory obligation for local councils. There is also no regulatory obligation for local councils to employ WJJWJ People under the agreement. The Government has committed to facilitating the development of relationships between local government and BGLC on behalf of the WJJWJ People. The agreement provides the basis for the Traditional Owner Group’s participation in public land and natural resource management. The Victorian Government acknowledges the WJJWJ People’s aspirations to have greater involvement in the management of water and biodiversity on their country and will work with them to progress this.
Victorian Traditional Owners Trust: The payment to the Victorian Traditional Owners Trust is an agreement between BGLC, the State of Victoria and the Trustee of the Victorian Traditional Owners Trust. The State will pay a settlement sum to the Trustee, to be managed as a separate trust for the benefit of the WJJWJ People. Under the agreement, the amount paid to the Victorian Traditional Owners Trust is confidential.
This article appeared in the Nhill Free Press & Kaniva Times, 23 August 2023.
