Notice of an application for the protection of a specified area, being the area known as Lake Boort, near Boort, Victoria

Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)

Notice of an application for the protection of a specified area, being the area known as Lake Boort, near Boort, Victoria.

Invitation to make representations

I, Edward East, hereby give notice as follows:

The Minister for the Environment and Water (Minister), responsible for the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (ATSIHP Act), has received an application made under section 10 of the ATSIHP Act. The application is seeking protection of an area known as Lake Boort, near Boort, Victoria. The Minister has appointed me to provide a report to the Minister under paragraph 10(1)(c) of the ATSIHP Act.

The Applicant

The application is made by Mr Ngerick Ngerick Gary Wyrkermilloo Murray, applying on behalf of the Yung Balug Peoples of the Dja Dja Wurrung First Nations (applicant).

Matters the report is required to deal with

The Minister must consider my report pursuant to section 10 of the ATSIHP Act before deciding whether to make a declaration under section 10 of the ATSIHP Act. Under subsection 10(4) of the ATSIHP Act, the report must deal with the following:

1.            the particular significance of the area to Aboriginals;
2.            the nature and extent of the threat of injury to, or desecration of, the area;

1.            the extent of the area that should be protected;
2.            the prohibitions and restrictions to be made with respect to the area;
3.            the effects the making of a declaration may have on the proprietary or pecuniary interests of persons other than the Aboriginal or Aboriginals who made the application, or on whose behalf the application is made;
4.              the duration of any declaration;
5.             the extent to which the area is or may be protected by or under a law of a State or Territory, and the effectiveness of any remedies available under any such law; and
6.            such other matters (if any) as prescribed.

The purpose of the application

The application seeks the long-term preservation or protection of the area specified in the application (the specified area). This area is depicted in Figure 1.

The specified area

Figure 1 depicts the area for which preservation and protection is sought.

This specified area is described for the purposes of this application as Lake Boort. However, the specified area encompasses the extent of the Lake Boort Reserve, which includes Lake Boort (also colloquially known as “Big” Lake Boort), and a length of Kinypanial Creek which flows into Lake Boort from the southern end.

The specified area does not include the adjacent lake, known as “Little” Lake Boort in the northwest or Lake Lyndger to the north. Lake Lyndger is mapped as a protected area on the Collaborative Australian Protected Areas Database (CAPAD).

Figure 1 Map showing the specified area of Lake Boort, encompassing “Big” Lake Boort and the Kinypanial Creek and surrounding shoreline.

Claims in relation to ‘significant Aboriginal area’

In summary, the applicant claims the specified area is of particular significance to Aboriginal people in accordance with Aboriginal tradition as it is an area of importance for Yung Balug people.

The applicant also describes that the following significant classes of objects are located within the specified area:

         Known and unknown burials, including

        An ancient burial on the western shore of Lake Boort

        Repatriated remains of three Yung Balug ancestors on the eastern shore of Lake Boort.

         Scarred trees

         Middens

         Cooking mounds

Claimed threat of injury or desecration

In summary, the applicant claims that the specified area, and classes of objects within it, are under threat of injury or desecration because the opening of the 2026 Victorian Duck Hunting Season will cause injury and desecration of significant Aboriginal cultural heritage within the specified area, and threats of injury and desecration to the identified classes of objects. Threats identified by the applicant include:

         Damage to scarred trees including being cut down, used for firewood, being used as toilets, being shot and being strewn with rubbish by duck hunters.

         Scarred trees being vulnerable to degradation from natural processes.

         Burials and middens being dug up, driven over, used as toilets and rubbish dumps by duck hunters.

         Cooking mounds being driven over, dug up, disturbed or being used as firepits and shooting platforms by duck hunters.

Invitation to make representations

Interested parties are invited to forward their representations in connection with my report to:

Edward East

Compass Heritage Services

327 Princes Street, Port Melbourne, Vic 3207

Mobile: 0408 344 384

Email: eeast@compassheritage.com.au

Interested parties are urged to contact me as soon as possible to be provided with further information about the reporting process.

Representations must be made in writing by 5pm AEST on 5 February 2026 or within such further period as may be allowed. Do not send your representations directly to the Minister. First Nations people may choose to provide an oral representation.

Representations made by, or on behalf of, more than one person should be signed by each of those persons.

Representations may subsequently be provided to the applicant and other interested parties for their review and comment in order to meet procedural fairness requirements.

Claiming confidentiality

If you wish to claim confidentiality over any part of your representation, please identify why you are claiming confidentiality and how you wish confidentiality to apply. Representations will be provided to the Minister for the Environment and the Department of Climate Change, Energy, the Environment and Water (department), along with the section 10 report. Representations, even those subject to confidentiality, may be disclosed where it is authorised or required by law, to meet procedural fairness requirements, and in response to a request by a House or Committee of the Parliament of the Commonwealth.

Privacy

Your personal information is protected by law, including the Privacy Act 1988 (Cth).

Please read this notice carefully before submitting a representation about the application.

Collection and use of your personal information

Your representation may contain your personal information, such as your name, contact details, your identity as an Aboriginal and/or Torres Strait Islander person, and your opinions about the application.

By submitting a representation, you consent to your personal information being collected by me for the purpose of:

• Contacting you about your representation, including for verification or clarification purposes;
• Preparing my report and briefing the Minister;
• The Minister making a decision in relation to the application, and for related purposes. You also consent to your personal information being collected by the Department of Climate Change, Energy, the Environment and Water for these same purposes.

Disclosure of your personal information

I may need to disclose your personal information to the department and the Minister for the purposes listed above. I may also need to disclose your personal information to:

• Third parties that may be affected by the Minister’s decision, where necessary to meet procedural fairness requirements;
• Commonwealth, State or Territory entities and/or persons or organisations, where necessary to prepare my report and/or for the Minister to make a decision about the application.

Your personal information will not be disclosed to overseas recipients unless necessary for the above purposes.

Anonymous representations

You can make an anonymous representation or use a pseudonym. However, this may mean I cannot verify information provided in your representation and/or take your representation into account.

Representations containing other people’s personal information

If your representation contains the personal information of another person, you must ensure they have agreed to their personal information being collected, used and disclosed in accordance with this privacy notice. This includes giving them a copy of this public notice and the privacy notice.

Privacy Policy

The department's Privacy Policy is available at https://www.dcceew.gov.au/about/commitment/privacy and explains how personal information is handled by the department, how to access or correct your personal information, and how to make a complaint.