First Nations settlement agreement: Concerns over water, land management in northwest Victoria

Councils in northwest Vic are concerned about a package that could trigger “significant issues” for land and water management. See the details.

Wimmera River.

A recognition and settlement agreement will potentially provide First Nations people unprecedented scope to co-manage waterways, roads and biosecurity across 35,859sq km of northwest Victoria.

The “expanded settlement package”, signed last October between Victorian Attorney-General Jaclyn Symes and the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples, builds on existing native title recognition to open paths to self-­determination and economic ­independence.

It is understood the state government, Barengi Gadjin Land Council board members, which will ­administer the agreement – yet to be made public but seen by The Weekly Times – and local council chief executives held an implementation workshop on June 23 at the Horsham Town Hall.

The 10 councils ­involved – Mildura, West Wimmera, Northern Grampians, Southern Grampians, Buloke, Hindmarsh, ­Pyrenees, Yarriambiack, Horsham and Ararat – only received the finalised agreement as recently as last month and were not party to its creation.

Indigenous groups hope to launch cultural tourism projects through northwest Victoria, including a possible planetarium project near Lake Tyrrell. Picture: Anne Morley

Under the agreement, councils are recommended to:

PARTNER with BGLC when updating or creating water management strategies.

CONSULT with BGLC on road and roadside management and ­maintenance.

INVOLVE BGLC in all levels of biodiversity strategy and decision-making (both indigenous and introduced species).

SOURCE biodiversity and carbon offsets, and other environmental market services and products, from BGLC or other WJJWJ entities or businesses as a first preference.

EMPLOY appropriately skilled WJJWJ people and establish contracting and procurement processes to preferentially source goods and services from BGLC and other WJJWJ entities or ­businesses.

The agreement transfers 12 national parks to be co-­managed with the state government, echoing federal agreements already in place in parts of the area, including the Ranch Billabong in Dimboola and parts of the Ebenezer Mission in Antwerp.

It will also provide autonomy in public land and natural resource management and land use for cultural practices, including more ­cultural burns and restoration of natural vegetation and open up cultural tourism ­opportunities.

BGLC did not respond to The Weekly Times’ by deadline.

Wimmera River.

In a previous statement, the BGLC said the agreement was a vehicle on the road to “our economic self-determination” to “build a sustainable future for our people”.

“And for our culture, traditional practices, and unique relationship to country to be recognised, strengthened, protected and promoted, for us and for all Victorians, now and into the future,” it said.

Municipal Association of Victoria president David Clark said the councils were “comfortable” with the majority of the document, but noted the self-determination principles woven into the agreement would alter how councils operated on several levels.

Victorian Attorney-General Jaclyn Symes. Picture: David Geraghty

Municipal Association of Victoria president David Clark. Picture: Zoe Phillips

“There is quite a bit in this one that is not in the 2018 (Taungurung) settlement agreement, it is the natural evolution of these things, but we think it is still an open negotiation,” Mr Clark said.

“When it runs up against really clear regulations and policies we have around competitiveness, tenders and procurement we cannot just do it.

“The challenge is the state has made the agreement on our behalf, but none of us have any resources or spare cash.”

The agreement includes a local government engagement strategy which provides some proposed actions for local government without necessarily being regulatory obligations.

Mr Clark predicted the waterway management aspirations potentially signalled “significant issues” in coming years for landholders leasing Crown land along rivers.

While native title extinguishes at freehold boundaries, he said the so-called 20m rule that sets public purposes ­reserves a distance from the bank were a potential area for traditional groups to access management funding and place future carbon capture ­initiatives.

“You hope that we don’t get to the stage that every time a farmer wants to put a new crossover in to get to his farm that he has to get Indigenous approval, but that is the sort of stuff that will be coming I would think,” Mr Clark said.

Murra Warra farmer and ­National Farmers’ Federation vice-president David Jochinke, who was shown the agreement, said while locals supported the concept, the impact of the increased demands on local communities required ­explanation.

Grampians National Park walks. Supplied by Parks Victoria.

“We have been told that it is not what we might lose, but gain, under the agreement,” Mr Jochinke said.

“But the problem is we haven’t seen it and the devil is always in the detail. As a community we would like to be fully informed and engaged before any final decision is made.”

A spokesperson for the Department of Permier and Cabinet said the recognition and resettlement agreement between the Victorian govenrment and Traditional Owners impacts only Crown land and does not impact current council laws.

“In addition to progressing Traditional Owner Settlements initiated by Traditional Owners, the Victorian Government is firmly committed to benefiting all Victorians by progressing Treaty and Truth and advancing self-determination for all First Nations People in Victoria, in partnership with the First Peoples’ Assembly of Victoria,” the spokesperson said.

A Public Notification was placed in thirteen publications across the Wimmera region in early March to notify local communities and the public of the agreement.

The state government has committed to facilitate relationship development between local government and BGLC on behalf of the WJJWJ People and has acknowledged “the WJJWJ People’s aspirations to have greater involvement in the management of water and biodiversity on their country and will work with them to progress this”.

Meanwhile, in a strategy ­released last month, the Dja Dja Wurrung Group has asked to be involved in water management decisions and a share of water rights.

The Dja Dja Wurrung People signed a recognition and settlement agreement in 2013.