First Peoples of the Millewa-Mallee Native Title Claim Group v State of Victoria

The First Peoples of the Millewa-Mallee Native Title Claim Group (Applicant) filed an application for a consent determination of native title under section 87 of the Native Title Act 1993 (Cth). The Applicant sought a determination of native title in relation to the Millewa-Mallee region of Victoria. The State of Victoria was the respondent to the application. The court was required to decide whether to make a determination of native title in favour of the Applicant and, if so, the terms of that determination. The primary legal issues included the existence of native title, the identity of the Native Title Holders, and the nature and extent of the native title rights and interests.

The court considered the affidavits filed by the parties and the proposed minute of order reflecting the proposed determination. The Applicant and the State had made joint submissions recognising the Applicant's resilience and determination in reaching this milestone. The court was satisfied that it was appropriate to appoint the First People of the Millewa Mallee Aboriginal Corporation as the prescribed body corporate for the purposes of section 57(2) of the Native Title Act 1993. The court determined that native title exists in relation to the whole of the Determination Area. The Native Title Holders are those living Aboriginal people who satisfy specified criteria related to descent from identified ancestors and identification with traditional laws and customs applicable to the Determination Area. The nature and extent of the native title rights and interests were determined, subject to certain qualifications and exclusions. The court made orders in the terms sought in the Minute, recognising the Applicant's deep and enduring connection to the Country of the Application Area. The court did not make any order as to costs.