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Melbourne’s most beloved public spaces caught up in native title claim

Split-view: left shows a packed cricket stadium with a blue-hatted crowd and green pitch; right shows a sunset city skyline over a river and lush parklands.

A native title claim for a huge swathe of Victoria covering the whole of Melbourne could end up giving aboriginal people control over some of the city’s most beloved public spaces.

Melbourne City Council is now seeking to join the Federal Court legal proceedings as a respondent so it can participate in negotiations, in order to protect its legal interests and ensure public services are not disrupted at affected Crown land sites.

The claim, made in November last year, may result in the “Wurundjeri Woi-wurrung people” gaining decision-making power over the Melbourne Cricket Ground, Melbourne Zoo, Royal Botanic Gardens, and more than 200 other parks and gardens covering 587.6 hectares.

The native title claim area (Slater and Gordon)

Government House is also listed on a map of Crown land assets impacted by the claim, and the council will vote next week to file a formal “Notice of Intention to Become a Party” to the case by July 21, the Herald Sun reported.

The 10,420-square-kilometre claim covers an area stretching from the Werribee River in the west, to the Macedon Ranges in the north, the Yarra Valley and Mount Baw Baw in the east, Mordialloc Creek in the south, and the top of Port Phillip Bay.

If successful, a native title determination will give the aboriginal group power over decisions relating to public land and water use, and rights to protect areas of “cultural significance”, and be consulted over use of those areas. Private homes and businesses will not be affected.

The claim was made just days after Premier Jacinta Allan signed a controversial and unpopular treaty with Victoria’s aboriginal people, and was filed with the assistance of Labor-aligned law firm Slater and Gordon.

“This is a positive thing for traditional owner groups to come to their determination that they are ready to take this step,” Ms Allan said at the time.

“It provides for that connection between country and waters for traditional owners.”

Perry Wandin from the Wurundjeri Woi-wurrung group said after filing the claim they had “fought for decades for recognition and respect and have been at the forefront of protecting culture and country in Melbourne and surrounds” and “want the waterways, the land to be looked after”.

“We’ve had a lot of ups and downs in our country with land being taken,” he said.

“Native title is us not taking over … but being able to control Crown land. We want to be traditional owners of Melbourne, of Naarm as we know it.”

Another spokesperson, Di Kerr, said: “We want to have partnerships with governments and Parks Victoria so we can co-manage and look after that country.”

Different aboriginal groups were last year granted exclusive possession of over thousands of square kilometres in Victoria’s north-west, meaning anyone else seeking to access the exclusive native title areas will be required to seek permission from so-called traditional owners.

Header image: Left, the MCG (Instagram). Right, the Royal Botanic Gardens (Facebook).

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