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Native Title in Victoria

There are 10 native title claims currently lodged with the Federal Court in Victoria, mainly over regional areas.

Native title does not affect privately owned or freehold land. Where native title is determined by the Federal Court, any such native title rights must co-exist with other rights in the land, including public access to Crown land and waters.

History of claims in Victoria

The first native title claim in Victoria was lodged in 1994 by the Yorta Yorta People.This claim was contested through the Federal and High Courts and resulted in a negative determination for the Yorta Yorta in 2002.

In 2004, the Victorian Government recognised the Yorta Yorta as Traditional Owners and entered into a co-operative management agreement with them over public lands that formed part of their traditional country.

In November 2005, native title was determined to exist for the first time in Victoria for the people of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk peoples of the Wimmera. In April 2007, the Gunditjmara People in south west Victoria were also found to hold native title. The Victorian Government consented to both these determinations in the Federal Court.

On 22 October 2010, the State Government and the Gunaikurnai People of Gippsland reached the first agreement under the Traditional Owner Settlement Act 2010. At the same time, the Gunaikurnai were also recognised as native title holders across much of the region at the Federal Court.  For further detail about the Gunaikurnai native title agreement refer to the Related Pages on the right.

On 27 July 2011, the Federal Court recognised that the Gunditjmara People and the Eastern Maar People jointly hold native title over Crown land in south western Victoria. The State Government and all other parties consented to this finding.  More information on the Gunditjmara and Eastern Maar native title determination is found under Related Pages on the right.

Find more information on Native Title under Related Pages on the right.