Gunaikurnai Recognition And Settlement Agreement

These rights have no influence on the access of existing users of the area, such as recreational fishermen and hunters. The agreement does not give the Gunaikurnai any commercial rights to hunt, fish or forestry. The BGLCAC is the representative body of the traditional owners who claim, including the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Yupagalk (also known as Wimmera groups). The agreement was linked to the federal court`s recognition that the Wimmera groups have local titles. The law allows the Victorian government to enter into agreements with traditional landowners to recognize its relationship to the land and to provide for certain rights to kronland and other benefits. In return for entering into an agreement, traditional owners must agree to withdraw all national ownership claims they have under the Commonwealth Native Title Act 1993 and not to assert any rights in the future. Native title can be either pursued or determined by consent (if an agreement is reached after mediation between the parties). As a result of the Yorta Yorta claim, all national provisions of title in Victoria were defined by consent. While approval is a non-adversarial process, it still takes a long time.

Most claims last approximately 10 years between filing and finding. As part of the recognition and settlement agreement, the State concluded a management agreement for the Land of Traditional Owner (TOLMA). This agreement is put in place by the Dhelkunya Dja Land Management Board, which jointly manages six parks and reserves in the contract area. While the land rights movement is not at the heart of this document, it is important to consider what it brought to the public: the realization that Australia was inhabited before the colonization of Aborigines and Torres Strait Islanders who each had their own laws and cultures intrinsically linked to the traditional country. [footnote 6] State recognition of the rights of traditional owners to their traditional lands and waters is aimed at addressing the country`s historic expropriation as a result of colonization. For example, the Dja Dja Wurrung RSA contains a statement of recognition that recognizes the historical injustices of the state and recognizes Dja Dja Wurrung as the traditional owners of his country. [footnote 51] The RSA also includes other elements that were negotiated outside the TOS Act, but which the Victorian government nevertheless approved, such as for example. B rules for the recognition and greetings of the country and a strategy for the engagement of the local government. . . .

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