This article is from the Australian Property Journal archive
IN a historic decision, the Eastern Maar peoples in Victoria’s south-west have been officially recognised for their land rights, marking the first native title determination in a decade in the state.
The Andrews government has been instrumental in supporting the Eastern Maar in their bid to achieve formal recognition of their native title rights. The Minister for Treaty and First People, Gabrielle Williams, joined the Eastern Maar Country at Logans Beach for a hearing on Country where the Federal Court’s consent determination was made.
Over the past four years, the Eastern Maar and the state government have worked closely together to finalise the determination, which covers most of their native title claim area, while other areas are currently being mediated before the Federal Court. The decision acknowledges the Eastern Maar’s ongoing connection and intrinsic relationship with their Country in south-western Victoria, which includes much of the coastline of the Great Ocean Road and part of the Great Otway National Park.
The Eastern Maar’s right to access, use, and protect public land in accordance with their traditional law and custom has been recognised in the determination. Additionally, their right to be consulted on the use and development of land and natural resources has been acknowledged to ensure the protection and preservation of places and areas with cultural significance.
The determination has been made in a way that acknowledges that native title rights and interests are non-exclusive and sit alongside the broader community’s right to enjoy these places. All local governments and individuals who participated in the claim have consented to the decision.
The government is committed to recognizing the relationship of Traditional Owner groups with the land and their native title rights across the state through Federal Court processes and the Traditional Owner Settlement Act 2010. Victoria is also the only jurisdiction in Australia with comprehensive Treaty processes in place, and negotiations are set to begin later this year to strengthen the relationship between Victorian traditional owners and the State.
According to Minister Williams, the court hearing has ensured that the Eastern Maar Peoples are assured of their rights under Australian law to protect their native title long into the future.
“Through this court hearing today Eastern Maar Peoples are assured of their rights under Australian law to protect their native title long into the future.”
“This hearing honours the deep cultural significance that Country holds for Eastern Maar People and empowers them to manage and protect Country in accordance with the law and customs.” Minister Williams said.
