History of native title claims and settlements in Victoria

In 1992, Eddie Koiki Mabo was the first person to have his native title rights recognised in Australia. On behalf of his people – the Meriam people of the Torres Strait – he took this claim to the High Court of Australia (Mabo v Queensland No 2). 

The High Court's landmark decision of 3 June 1992 overturned the concept of ‘terra nullius' (meaning that no one owned the lands before European Settlement). This paved the way for the recognition and protection of native title across Australia, and the passing of the Native Title Act 1993 (Cth). 

The first native title claim in Victoria was made in 1994 by the Yorta Yorta people. The claim was contested through the Federal Court and High Court and resulted in a negative determination in 2002.  

In June 2004, the Victorian Government entered into a co-operative management agreement with Yorta Yorta over certain public lands that formed part of their native title claim area. 

On 13 December 2005, native title was determined to exist for the first time in Victoria for the people of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk peoples of the Wimmera and Southern Mallee.   

On 30 March 2007, the Gunditjmara people in the south west of Victoria were also found to hold native title. The Victorian Government consented to both of these Federal Court determinations.  

On 22 October 2010, the first agreements under the Traditional Owner Settlement Act 2010 (Vic) were reached with the Gunaikurnai people of Gippsland.  

On 27 July 2011, the Federal Court found that the Gunditjmara and Eastern Maar peoples hold co-existing native title over some areas of Crown land in the south west of Victoria. 

On 28 March 2013, the Victorian Government and the Dja Dja Wurrung people entered into a Recognition and Settlement Agreement under the Traditional Owner Settlement Act. 

On 26 October 2018, the Victorian Government and the Taungurung people signed a suite of agreements under the Traditional Owner Settlement Act and related legislation. 

On 25 October 2022, the Victorian Government and the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk People of the Wotjobaluk Nations (WJJWJ Peoples) signed agreements under the Traditional Owner Settlement Act. 

On 28 March 2023, the Federal Court found that the Eastern Maar people hold native title over Crown land in south western Victoria. Some areas of Eastern Maar’s claim remain in mediation before the Federal Court.