Members of the Yorta Yorta Aboriginal Community v Victoria

Last updated

Member the Yorta Yorta Aboriginal Community v Victoria
Coat of Arms of Australia.svg
Court High Court of Australia
Decided12 December 2002
Citation(s) [2002] HCA 58, (2002) 214  CLR  422
Transcript(s)14 Dec [2001] HCATrans 657 Special Leave
23 May [2002] HCATrans 251
24 May [2002] HCATrans 252
Case history
Prior action(s) [1998] FCA 1606, Federal Court
[2001] FCA 45, Federal Court (Full Court)
Case opinions
(5:2) the finding that claimants had ceased to occupy lands in accordance with traditional laws and customs meant that their claim failed
per Gleeson CJ, McHugh, Gummow, Hayne & Callinan JJ.
Gaudron & Kirby JJ dissenting
Court membership
Judge(s) sitting Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ

Yorta Yorta v Victoria was a native title claim by the Yorta Yorta, an Aboriginal Australian people of north central Victoria. The claim was dismissed by Justice Olney of the Federal Court of Australia in 1998. Appeals to the Full Bench of the Federal Court of Australia in 2001 and the High Court of Australia 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. [1]

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. [2]

The case was taken on appeal to the High Court of Australia but also dismissed in a 5 to 2 majority ruling in December 2002. [3] [4]

In consequence of the failed native title claim, in May 2004 the Victorian Government led by Premier Steve Bracks 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, Barmah Forest, Kow Swamp and public land along the Murray and Goulburn Rivers. Ultimate decision-making responsibility was retained by the Environment Minister. [5]

See also

Related Research Articles

<i>Mabo v Queensland (No 2)</i> 1992 High Court of Australia decision which recognised native title

Mabo v Queensland is a landmark decision of the High Court of Australia that recognised the existence of Native Title in Australia. It was brought by Eddie Mabo against the State of Queensland and decided on 3 June 1992. The case is notable for being the first in Australia to recognise pre-colonial land interests of Indigenous Australians within the common law of Australia.

Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians have rights and interests to their land that derive from their traditional laws and customs. The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title to the land by the Crown at the time of sovereignty. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title over the same land.

Field & Game Australia (FGA) is an Australian non-government organization formed in 1958 for conservation, hunting and clay target shooting, and is based in Seymour, Victoria.

The Ramindjeri or Raminjeri people were an Aboriginal Australian people forming part of the Kukabrak grouping now otherwise known as the Ngarrindjeri people. They were the most westerly Ngarrindjeri, living in the area around Encounter Bay and Goolwa in southern South Australia, including Victor Harbor and Port Elliot. In modern native title actions a much more extensive territory has been claimed.

Geoff Clark is an Australian Aboriginal politician and activist. Clark led the Aboriginal and Torres Strait Islander Commission (ATSIC) from 1999 until it was effectively disbanded in 2004.

<span class="mw-page-title-main">Native Title Act 1993</span> Act of the Parliament of Australia

The Native Title Act 1993(Cth) is a law passed by the Australian Parliament, the purpose of which is "to provide a national system for the recognition and protection of native title and for its co-existence with the national land management system". The Act was passed by the Keating Government following the High Court's decision in Mabo v Queensland (No 2) (1992). The Act commenced operation on 1 January 1994.

<i>Hindmarsh Island bridge controversy</i> 1990s controversy involving indigenous land rights

The Hindmarsh Island bridge controversy was a 1990s Australian legal and political controversy that involved the clash of local Aboriginal Australian sacred culture and property rights. A proposed bridge to Hindmarsh Island, near Goolwa, South Australia attracted opposition from many local residents, environmental groups and indigenous leaders. In 1994, a group of Ngarrindjeri women elders claimed the site was sacred to them for reasons that could not be revealed. The case attracted much controversy because the issue intersected with broader concerns about Indigenous rights, specifically Aboriginal land rights, in the Australian community at the time, and coincided with the Mabo and Wik High Court cases regarding Native title in Australia.

<span class="mw-page-title-main">Yorta Yorta</span> Aboriginal Australian people of north-eastern Victoria and southern New South Wales

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.

<span class="mw-page-title-main">Aboriginal title</span> Concept in common law of indigenous land rights persisting after colonization

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, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively.

<i>Commonwealth v Yarmirr</i> Native title claim in Australia

Yarmirr v Northern Territory was an Australian court case, decided in 2001. It was an application for the determination of native title to seas, sea-bed and sub-soil, over an area in the Northern Territory, ultimately determined on appeal to the High Court of Australia.

<span class="mw-page-title-main">Catherine Branson</span> Australian judge

Catherine Margaret Branson is a former Australian judge and public servant. She was a judge of the Federal Court of Australia from 1994 to 2008, and then President of the Australian Human Rights Commission from 2008 to 2012.

Land councils, also known as Aboriginal land councils, or land and sea councils, are Australian community organisations, generally organised by region, that are commonly formed to represent the Indigenous Australians who occupied their particular region before the arrival of European settlers. They have historically advocated for recognition of traditional land rights, and also for the rights of Indigenous people in other areas such as equal wages and adequate housing. Land councils are self-supporting, and not funded by state or federal taxes.

<span class="mw-page-title-main">Jagera people</span> Australian Aboriginal people of the Moreton Bay to Toowoomba areas of Queensland

The Jagera people, also written Yagarr, Yaggera, and other variants, are the Australian First Nations people who speak the Yuggera language. The Yuggera language which encompasses a number of dialects was spoken by the traditional owners of the territories from Moreton Bay to the base of the Toowoomba ranges including the city of Brisbane.

<span class="mw-page-title-main">Aboriginal and Torres Strait Islander Heritage Protection Act 1984</span> An Act of the Parliament of Australia

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984(Cth), is an Act passed by the Parliament of the Commonwealth of Australia to enable the Commonwealth Government to intervene and, where necessary, preserve and protect areas and objects of particular significance to Australia's Aboriginal or Torres Strait Islander peoples from being desecrated or injured.

<i>Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v Victoria</i>

Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples v Victoria, is a decision of the Federal Court of Australia delivered on 13 December 2005 by Justice Ron Merkel in respect of a native title claim determination for the Wimmera western region of Victoria. The determination was significant for the Jardwadjali and Wergaia peoples as it was the first successful native title claim in south-eastern Australia and in Victoria.

Howard William Olney is the Australian Aboriginal Lands Commissioner.

Indigenous land rights in Australia, also known as Aboriginal land rights in Australia, relate to the rights and interests in land of Aboriginal and Torres Strait Islander people in Australia, and the term may also include the struggle for those rights. Connection to the land and waters is vital in Australian Aboriginal culture and to that of Torres Strait Islander people, and there has been a long battle to gain legal and moral recognition of ownership of the lands and waters occupied by the many peoples prior to colonisation of Australia starting in 1788, and the annexation of the Torres Strait Islands by the colony of Queensland in the 1870s.

Margaret Wirrpanda was a campaigner for Australian Aboriginal rights.

Debra Sue Mortimer is an Australian judge. She was born in New Zealand but has practised law in Australia. She has been a judge of the Federal Court of Australia since 2013, having previously been a Senior Counsel practising at the Victorian Bar in migration law, environmental law and anti-discrimination law.

<span class="mw-page-title-main">Gladys Nicholls</span>

Gladys Naby Muriel Nicholls, Lady Nicholls was an Australian Aboriginal activist, who made significant contributions to developing support networks and improving conditions for the urban Aboriginal community in Melbourne, Victoria, and across Australia, from the 1940s to the 1970s.

References

  1. Members of the Yorta Yorta Aboriginal Community v Victoria [1998] FCA 1606 (18 December 1998), Federal Court.
  2. Members of the Yorta Yorta Aboriginal Community v State of Victoria [2001] FCA 45 (8 February 2001), Federal Court (Full Court).
  3. Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 , (2002) 214  CLR  422 "Judgment Summary" (PDF). High Court. 12 December 2002.
  4. The World Today, Reporter: Louise Yaxley, Yorta Yorta lose native title case , Australian Broadcasting Corporation, 12 December 2002. Accessed 11 September 2011
  5. Fergus Shiel, Yorta Yorta win historic deal , The Age , 1 May 2004. Accessed 11 September 2011