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The claim by the Wurundjeri Woi-wurrung people, filed in federal court on Friday, covers thousands of square kilometres seeks recognition under Australian law of their traditional rights and continuous connection to the area. It includes most of metropolitan Melbourne — known as “Naarm” to the Wurundjeri people — and covers from the mouth of the Werribee River north to its headwater in the Great Dividing Range, east to Mount Baw Baw and south through Bunyip and west to Mordialloc Creek. The Wurundjeri people are already recognised as traditional owners of a similar area under Victorian law. The claim comes a week after the Victorian Labor government passed an Australia-first treaty with Indigenous Australians. Native title only applies to crown land and does not affect private homes, businesses or infrastructure. It grants rights under federal law to recognised traditional owners including decision-making power over public use of land and waters, protection of areas of cultural significance, and the right to be consulted over use of those areas. If successful, it would be the eighth native title determination in Victoria and the third covering a capital city, after the Kaurna people in South Australia, and the Noongar people Western Australia. The Wurundjeri people are hoping to negotiate the transfer of management of some parks and conservation areas within the claim area, which could include parts of the Dandenong Ranges, Bunyip state park, Wombat state forest and Lerderderg state park, The Guardian reports. Wurundjeri elder Di Kerr told the outlet the process was about “ensuring our connection to country is recognised in law, as it has always existed in truth”. “We’re very proud that this process is happening, and we want to walk together,” she said. “We don’t want it to be separate. We want to have partnerships with governments and Parks Victoria so we can co-manage and look after that country.” Wurundjeri elder Perry Wandin told the ABC the claim was part of an intergenerational pursuit for his people’s connection to their land to be recognised. “Wurundjeri people have fought for decades for recognition and respect and have been at the forefront of protecting culture and country in Melbourne and surrounds,” he said. “We want the waterways, the land to be looked after.” Mr Perry said native title was not “taking over … but being able to control Crown land”. “We want to be traditional owners of Melbourne, of Naarm as we know it,” he said. The claim, which includes 11 members and is being supported by law firm Slater and Gordon, draws on historical and anthropological details showing the Wurundjeri people’s connection to country before 1836 through culture, ceremony and care for land and waterways. Traditional laws and customs of the Wurundjeri people relating to rights and responsibilities for country are at the centre of the native title claim. Evidence will also be presented that elders have passed down knowledge of the land and ceremony, fishing, hunting, language and art, ensuring cultural continuity. In a statement, elder Bill Nicholson said that “for thousands of years Wurundjeri Woi-wurrung people have had to adapt to the environment around us to live and thrive on our country”. “Since the colonial invaders came to Wurundjeri Woi-wurrung Country in the 1800s we have had to compromise our ways to survive,” he said. “Our esteemed elders past such as Billibelleri, Simon Wonga and William Barak fought hard for land, rights and freedoms. We continue this to this date.” Wurundjeri elder Andrew Gardiner said, “We have always been a part of this country. From the time of our creation ancestors through to the present, we have cared for it, been nurtured by it, and spoken for it. We are doing this for our ancestors and for our future generations.” Mr Perry’s ancestors can be traced back to William Barak, who witnessed John Batman’s treaty being signed as a boy. “He was a very smart man,” he told the ABC. “[He] was able to achieve what he believed in for Aboriginal people.” Six other native title applications encompassing most of Victoria are currently before the courts. “The courts have recognised seven other groups in Victoria,” Mr Perry said. “It is now time for the traditional lore and customs of the Wurundjeri Woi-wurrung people to be recognised.” The claim will be considered by the National Native Title Tribunal. “It’s full steam ahead for us,” Mr Perry said.
