''Yorta Yorta v Victoria'' was a

native title Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, ...

claim by the

Yorta Yorta The Yorta Yorta, also known as Jotijota, are an Aboriginal Australian people who have traditionally inhabited the area surrounding the junction of the Goulburn and Murray Rivers in present-day north-eastern Victoria and southern New South Wales ...

, an Aboriginal Australian people of north central

Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...

. The claim was dismissed by Justice Olney of the

Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...

in 1998. Appeals to the Full Bench of the Federal Court of Australia in 2001 and the

High Court of Australia The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. ...

in 2002 were also dismissed. The determination by Justice Olney in 1998 ruled that the "tide of history" had "washed away" any real acknowledgement of traditional laws and any real observance of traditional customs by the applicants. An appeal was made to the full bench of the Federal Court on the grounds that "the trial judge erroneously adopted a 'frozen in time' approach" and "failed to give sufficient recognition to the capacity of traditional laws and customs to adapt to changed circumstances". The Appeal was dismissed in a majority 2 to 1 decision. The case was taken on appeal to the

but also dismissed in a 5 to 2 majority ruling in December 2002. In consequence of the failed native title claim, in May 2004 the

Victorian Government The Victoria State Government, also referred to as just the Victorian Government, is the state-level authority for Victoria, Australia. Like all state governments, it is formed by three independent branches: the executive, the judicial, and t ...

led by Premier

Steve Bracks Stephen Phillip Bracks (born 15 October 1954) is a former Australian politician and was the 44th Premier of Victoria. He first won the electoral district of Williamstown in 1994 for the Labor Party and was party leader and premier from 1999 ...

signed an historic co-operative management agreement with the Yorta Yorta people covering public land, rivers and lakes in north-central Victoria. The agreement gives the Yorta Yorta people a say in the management of traditional country including the

Barmah State Park The Barmah National Park, formerly Barmah State Park, is a national park located in the Hume region of the Australian state of Victoria. The park is located adjacent to the Murray River near the town of Barmah, approximately north of Melbourne ...

, Barmah Forest,

Kow Swamp The Kow Swamp, a freshwater lake and wetland, was formerly a swamp, that is now used for water storage. The lake is located in the Mallee region in north-central Victoria, Australia. Description Kow Swamp lies in the Murray River valley, abou ...

and public land along the

Murray Murray may refer to: Businesses * Murray (bicycle company), an American manufacturer of low-cost bicycles * Murrays, an Australian bus company * Murray International Trust, a Scottish investment trust * D. & W. Murray Limited, an Australian who ...

and

Goulburn River The Goulburn River, a major inland perennial river of the Goulburn Broken catchment, part of the Murray-Darling basin, is located in the alpine, Northern Country/North Central, and Southern Riverina regions of the Australian state of Victor ...

s. Ultimate decision-making responsibility was retained by the Environment Minister.Fergus Shiel,
Yorta Yorta win historic deal
', ''

The Age ''The Age'' is a daily newspaper in Melbourne, Australia, that has been published since 1854. Owned and published by Nine Entertainment, ''The Age'' primarily serves Victoria (Australia), Victoria, but copies also sell in Tasmania, the Austral ...

'', 1 May 2004. Accessed 11 September 2011

References

{{Indigenous Australians Native title case law in Australia High Court of Australia cases 1998 in case law 1998 in the environment 2001 in case law 2002 in case law History of Victoria (Australia) 1998 in Australian law 2002 in Australian law Yorta Yorta

See also

References