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Victorian first native title determination for the First Peoples of the Millewa-Mallee

The First Peoples of the Millewa-Mallee have achieved formal recognition of their native title rights in an historic Federal Court hearing on Friday 18 July 2025. Through this determination the group has been recognised with the strongest form of native title, which until now has not been recognised in Victoria.

Officially lodged in 2015, this determination marks the conclusion of a long journey by the First Peoples of the Millewa-Mallee, which includes the Latji Latji, Ngintait and Nyeri Nyeri peoples who have been seeking recognition of their native title rights since the 1990s. This decision formally recognises these groups as the native title holders of Country, covering an area that includes Mildura, follows the Murray River, stretches south along the Calder Highway, and extends west through the Murray-Sunset National Park to the South Australian border.

In a Victorian first, the native title holders have been recognised with exclusive native title rights over parts of the determination area.

This historic outcome confirms that the State accepts the native title holders’ right to control access to their Country under traditional law and custom, challenging the long-held view that exclusive native title rights could not be recognised in Victoria. As with other successful native title claims, the native title holders also have non-exclusive rights including the right to access the land, use its resources, and protect sites, objects and places of cultural and spiritual significance.

Shane Jones Snr, Latji Latji Elder and member of the applicant for the First Peoples of the Millewa-Mallee said that this was a momentous day and that he was incredibly proud of the result.

“As a Latji Latji man, I am proud that our rights and interests are formally recognised on the lands where my ancestors lived. Alongside all First Peoples of the Millewa-Mallee, including the Ngintait and Nyeri Nyeri peoples, we continue to live our culture. With native title, our present and future generations can continue the legacy of all our Elders and emerging Elders,” said Mr Jones.

Alongside Mr Jones, Wendy Brabham, a Nyeri Nyeri Elder welcomed the determination.

“I hear the voices of our Nyeri Nyeri Ancestors, I hear the voices of our present generations. Their words position us to listen to the announcement by the Federal Court of our Native Title Determination. They weathered the storm; we are still weathering the storm.”

“My Mother’s demands for land rights in the 1970’s and, for more than 25 years, our claims for Native Title suffered, until now, an onslaught of rejections. Nyeri Nyeri Peoples, with their own Ancient, longstanding Laws, customs and protocols have had to listen to, and bend to Australian Laws, customs and protocols in a constant battle; a clash of World Views. I hope our future generations of all our family groups will build on today’s decision to honour our Ancestors by strengthening, preserving and sharing our Culture.”

Timothy Johnson, Ngintait Elder and member of the applicant for the First Peoples of the Millewa-Mallee said it was a defining moment for the Latji Latji, Ngintait and Nyeri Nyeri peoples who have been on this journey for decades.

“This native title determination is a defining moment, and it means we can continue to care and look after the lands where our ancestors walked, hunted and held ceremonies on, while working in partnership to establish jobs for all our members and community,” said Mr Johnson.

“The journey to this native title determination was difficult and we have fought to get here and have the truth reflected. As long as all our members come together and get our corporation moving forward, the future will look good for our younger generations and keep the fire going within our communities.”

“We will all benefit from this native title determination and we are looking forward to working as one to keep our culture and history ongoing.” 

Stacey Little, Senior Lawyer at First Nations Legal and Research Services (FNLRS), said that this determination recognises the First Peoples of the Millewa-Mallee’s rights under Australian law.

“The First Peoples of the Millewa-Mallee and their ancestors have always been connected to their Country by their traditional laws and customs, despite the devastating impacts of colonisation. This determination is a testament to their strength and persistence and reinforces their right to be involved in decision-making about Country.”

The native title holders’ rights will be managed by the First Peoples of the Millewa-Mallee Aboriginal Corporation (FPMMAC), who will serve as the Registered Native Title Body Corporate (RNTBC).

FPMMAC is the legal entity that represents the native title holders, acting as the main point of contact for governments and other parties seeking to access, use or regulate native title lands and waters. It will play a key role in protecting the rights and interests recognised in the native title determination and will support the native title holders in any Treaty and Traditional Owner Settlement Act negotiations with the State, as well as in pursuing native title compensation.

Chris Marshall, CEO of FPMMAC said the organisation is looking forward to fulfilling its role as the RNTBC for the native title holders.

“Under native title, the First Peoples of the Millewa-Mallee have their enduring rights and interests formally recognised and we’re proud to now serve our role in protecting these rights.”

This marks an important chapter in Victoria’s native title history and sets a precedent that may support other native title holders and claim groups to seek this same form of recognition.

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