Yorta Yorta v Victoria
Encyclopedia
Yorta Yorta v Victoria was a native title claim by the Yorta Yorta indigenous people
of north central Victoria
, Australia
which 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.
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.
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.
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 State Forest, Kow Swamp
and public land along the Murray and Goulburn rivers. Ultimate decision making responsibility was retained by the Environment Minister
Indigenous Australians
Indigenous Australians are the original inhabitants of the Australian continent and nearby islands. The Aboriginal Indigenous Australians migrated from the Indian continent around 75,000 to 100,000 years ago....
of north central Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
which was dismissed by Justice Olney of the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
in 1998. Appeals to the Full Bench of the Federal Court of Australia in 2001 and the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
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.
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.
The case was taken on appeal to the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
but also dismissed in a 5 to 2 majority ruling in December 2002.
In consequence of the failed native title claim, in May 2004 the Victorian Government led by Premier Steve Bracks
Steve Bracks
Stephen Philip Bracks AC is a former Australian politician and the 44th Premier of Victoria. He first won the electoral district of Williamstown in 1994 for the Australian Labor Party, and was party leader and Premier from 1999 to 2007....
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 State Forest, Kow Swamp
Kow Swamp Archaeological Site
The Kow Swamp archaeological site comprises a series of late Pleistocene burials within the lunette of the eastern rim of a former lake known as Kow Swamp. The site is located 10 km south-east of Cohuna in the central Murray Valley, in northern Victoria, at...
and public land along the Murray and Goulburn rivers. Ultimate decision making responsibility was retained by the Environment Minister