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Native Title through the Federal Court process

In Victoria, there are 15 active native title claims over Crown land currently lodged with the Federal Court.

These claims have been lodged over regional areas including the Wimmera, the South West, the North West and Gippsland.

The claims are over Crown or public land and involve the State of Victoria and others with an interest in the Crown land under claim.

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

Subsequently in 2004, the Victorian Government entered into a co-operative management agreement with the Yorta Yorta over national park, forest and other public land that formed part of their traditional country in their native title claim.

Native title was formally recognised for the first time in Victoria in November 2005, for the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagalk people of the Wimmera region.

In April 2007, the Victorian Government supported another native title determination in the Federal Court recognising the Gunditjmara’s native title over their traditional country in South West Victoria.

Native title does not affect privately owned or freehold titles. Native title agreements recognise that native title rights co-exist with other rights in the land and protect public access to Crown land and waters.