The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
The Forum - On Line Opinion's article discussion area



Syndicate
RSS/XML


RSS 2.0

Main Articles General

Sign In      Register

The Forum > General Discussion > The Costly Chaos Of Native Title: One Example

The Costly Chaos Of Native Title: One Example

  1. Pages:
  2. Page 1
  3. 2
  4. 3
  5. All
In 2018, the Victorian government declared a tract of land in the centre and north of the state to be Taungurung country, with a $34 million deal.

Confusingly, the Taungurung CLAN is described as consisting of '15 clans'. Even more confusing, the 'Taungurung People' identify with only 5 of these 15 clan groups (clans are really nothing more than families). Further, some of these people "do not identify with a particular area or clan", but with the "country as a whole".

Naturally, all of them claim that they were "severely disrupted by .. early . expansion of European settlement" (over two centuries ago). Traditional society broke down with "the first settlers' arrival" (or when they moved closer to the homesteads to get free tucker?).

Three years later, the deal between the Victorian government and people not sure who's who, has become "contentious"; and the High Court has found that the Victorian government DENIED NATURAL JUSTICE to other "First Nations" (clans, tribes, families - whatever) that "might have had" title rights.

The players in the game, apart from the ones already granted title rightly or wrongly, are the Ngurai Ilum Wurrung; the Waywurru, and the Dhudhuoa, who all reckon that the land is theirs.

And surprise, surprise, the state government has agreed to fund their claim - having spent millions getting the first one wrong (according to the High Court).

When a NIW elder wrote to the Victorian government, he was ignored. He got a solicitor, and the affair went to the Supreme Court. The claim was denied, and the fight is on.

How many other examples are there of this costly, ignorant chaos buried somewhere.
Posted by ttbn, Saturday, 18 September 2021 1:27:47 PM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
The Native Title Act is certainly a mind boggling
thing to deal with. It came into effect in
1994 as a response to the historic Mabo ruling
by the High Court in 1992, which established
Native Title as a form of membership to which
some Indigenous Australians were entitled.

However, under the Act claims can only be made over
certain parts of the country such as - unallocated or
vacant crown land. And the toughest requirement is
that claimants have to be able to prove a continuity
of traditional laws and customs on the land being
claimed since European settlement.

That is no easy task. It can involve lengthy historical
research as well as evidence from living parties.

And even when claims are successful Native Title does
not give the Indigenous parties exclusive rights to
the land.

In many cases they have the right to live on the area
or use it for some ceremonial or traditional practices
such as hunting.

No wonder things are so muddled. So far there have
been 213 successful Native Title determinations.
Fifty four have been struck down.

Increasingly the Federal Government funded Native
Title Tribunal has promoted what's known as "consent
determinations" meaning claimants can agree to a
negotiated settlement which is faster and less
expensive.

At present more than 420 claims are
outstanding. In many cases the elders who've launched
the claims have not lived to see them resolved and many
of the benefits have not flowed through to the
communities that need them the most.
Posted by Foxy, Saturday, 18 September 2021 5:04:36 PM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
A dissertation taken from Google on the history of native title has no relevance to the costly, incompetent and stupid process that gives the maybe descendants of people long dead land "rights" that said ancestors did not have at the time of British settlement.
Posted by ttbn, Saturday, 18 September 2021 11:37:53 PM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Amazing that there are any Aboriginal people left in Victoria, after the white gendercide in that state in the nineteenth, and early twentieth centuries.
Posted by Paul1405, Sunday, 19 September 2021 6:23:09 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Amazing that there are any Aboriginal people left in Victoria,
Paul1405,
Not really considering the easier availability of food from farmers/settlers over time !
Cattle & Sheep boosted the supply of meat considerably plus gradually increasing medical care from the helping hands that weren't bitten off by the more friendly clans.
Posted by individual, Sunday, 19 September 2021 6:52:18 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
Paul,

Well, of course there are no aboriginal people left in Victoria or elsewhere in Australia: there haven't been any for two centuries. What we have is people claiming to be descendants of those people - about 10 generations afterwards. They don't have to prove any connection these days, so all we can say is that some might be genuine, many are more white than black, and some are just liars.
Posted by ttbn, Sunday, 19 September 2021 9:09:59 AM
Find out more about this user Recommend this comment for deletion Return to top of page Return to Forum Main Page Copy comment URL to clipboard
  1. Pages:
  2. Page 1
  3. 2
  4. 3
  5. All

About Us :: Search :: Discuss :: Feedback :: Legals :: Privacy