Western District (Victoria) - Towards Recognition of Aboriginal Rights

Towards Recognition of Aboriginal Rights

In 1980, the Gunditjmara launched legal action in the Supreme Court of Victoria to prevent Alcoa of Australia Ltd from damaging or interfering with Gunditjmara cultural sites located on the same place as the proposed aluminium smelter at Portland. The Supreme Court dismissed their subsequent application for leave to appeal to the Federal Court. However, the Gunditjmara took the matter to the High Court of Australia where they were successful. High Court Chief Justice Gibbs judged that: "The appellants have an interest in the subject matter of the present action which is greater than that of other members of the public and indeed greater than that of other persons of Aboriginal descent who are not members of the Gournditch-jmara people. The applicants and other members of the Gournditch-jmara people would be more particularly affected than other members of the Australian community by the destruction of the relics."

On 30 March 2007, the Gunditjmara People were recognised by the Federal Court of Australia to be the native title-holders of almost 140,000 hectares of Crown land and waters in the Portland region. On 27 July 2011, together with the Eastern Maar People, the Gunditjmara People were recognised to be the native title-holders of almost 4,000 hectares of Crown land in the Yambuk region, including Lady Julia Percy Island, known to them as Deen Maar.

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