On a crisp Friday morning in July 2025, as the winter sun cast long shadows across the red earth of the Mallee, three proud First Nations communities received news that their ancestors had been waiting to hear for more than two centuries. In a landmark Federal Court ruling that will forever change the landscape of Indigenous rights in Victoria, the Latji Latji, Ngintait and Nyeri Nyeri peoples were granted exclusive native title rights over their ancestral lands—the first time such comprehensive recognition has been achieved in the state.
The decision, delivered by Justice Bennett on July 18, 2025, represents far more than a legal victory. It is a profound acknowledgement of survival, resilience, and the unbreakable connection between these First Nations peoples and the Country that has sustained them for millennia. For Timothy Johnson, a Ngintait man who has been an applicant in this decade-long legal battle, the moment was both deeply personal and historically significant. “This native title determination is a defining moment,” he said, his voice carrying the weight of generations of struggle, “and it means we can continue to care and look after the lands where our ancestors walked, hunted and held ceremonies on.”
The determination covers thousands of square kilometres of Country, stretching from Mildura to the South Australian border, encompassing the life-giving waters of the Murray River and extending through the Murray-Sunset National Park. This is not merely land in the European sense of property ownership—it is Country in the deepest Aboriginal understanding of the word, where every waterhole, every bend in the river, every stand of mallee scrub holds stories, law, and spiritual significance that stretch back through countless generations.
What makes this ruling truly historic is not just its scope, but its nature. Unlike previous native title determinations in Victoria, which granted non-exclusive rights, this decision recognises exclusive native title—the strongest form of recognition available under Australian law. This means that the First Peoples of the Millewa-Mallee now have the right to control access to certain areas of their Country under their traditional laws and customs, a recognition that goes to the very heart of Indigenous sovereignty and self-determination.
A Connection Spanning Millennia
To understand the profound significance of this ruling, one must first appreciate the extraordinary depth of connection between the Millewa-Mallee peoples and their Country. Archaeological evidence reveals that the Ngintait, Latji Latji, and Nyeri Nyeri peoples have lived in the Murray River region for at least 20,000 years, with broader evidence of Aboriginal occupation in the area extending back an astonishing 40,000 years. Shell middens near Renmark have been dated to 30,000 years ago, while bones discovered in nearby Mungo National Park speak to an even more ancient presence.
This is not merely a matter of historical curiosity—it represents one of the longest continuous cultural traditions anywhere on Earth. When the pyramids of Egypt were being built, when Rome was rising and falling, when the great civilisations of Asia were flourishing and transforming, the ancestors of today’s Millewa-Mallee peoples were already ancient custodians of this Country, their laws and customs refined over countless generations of sustainable living.
The Latji Latji people, whose name derives from their word for “no” (a common naming convention among Murray River tribes), traditionally occupied the southern bank of the Murray River from Chalka Creek to Mildura, ranging about 50 miles south to near Murrayville and Pine Plains. Their territory encompassed approximately 3,500 square miles of diverse landscape, from the life-giving river flats to the challenging mallee scrublands. Early European observers like Edward John Eyre documented their sophisticated understanding of Country, recording detailed vocabularies and noting their complex social structures.
The Jarijari, also known as the Nyeri Nyeri, controlled around 1,900 square miles on the western bank of the Murray River, from above Chalka Creek to Annuello. Their southern frontier ran along Hopetoun, Lake Korong and Pine Plains, while their northern boundary reached Red Cliffs. Like their Latji Latji neighbours, their name came from their word for “no”—”jari” or “nyeri”—reflecting the linguistic and cultural connections that bound the Murray River peoples together.
The Ngintait people occupied the southern bank of the Murray River from around Ned’s Corner in New South Wales to Paringa in South Australia, extending south to Loxton. Their territory formed a crucial link in the chain of interconnected First Nations communities that stretched along the great river system, each maintaining their distinct identity while sharing in the broader riverine culture that had evolved over millennia.
These were not isolated communities struggling for survival in a harsh landscape. Instead, they were sophisticated societies with complex social structures, detailed environmental knowledge, and sustainable practices that had allowed them to thrive for thousands of generations. The Murray River and its tributaries provided abundant resources—Murray cod and trout cod, freshwater mussels, waterfowl, and a rich variety of plant foods. The mallee scrublands offered additional resources and served as important ceremonial and spiritual sites.
William Blandowski, who led one of the first documented European expeditions to encounter these peoples in 1856-1857, was struck by their detailed knowledge of the river ecosystem. His records show that the Jarijari people alone had specific names for over twenty different species of fish, each with its own cultural significance, seasonal availability, and harvesting protocols. Some fish were forbidden to young men, others to women, reflecting complex cultural laws that governed resource use and maintained ecological balance.
The traditional diet was not merely about sustenance—it was deeply embedded in cultural practice and spiritual belief. The tandan or jewfish, known as “kenaru” in Jarijari, was considered such a delicacy that its consumption by young men was forbidden. The bony bream, called “manur,” was a tribal staple throughout June and July, but was taboo for women due to beliefs about its aphrodisiacal properties. These weren’t arbitrary restrictions but sophisticated cultural mechanisms that ensured sustainable harvesting and maintained social order.
Perhaps most remarkably, these communities had developed hunting and fishing techniques that were perfectly adapted to the river’s seasonal rhythms. In winter, when flooding led Murray cod to shelter in the nooks of logs along the bank, hunters would work by firelight to spear the sleeping fish. In summer, they would dive to the bottom of the Murray to hunt the same species. This intimate knowledge of animal behaviour, seasonal patterns, and ecological relationships represented thousands of years of accumulated wisdom passed down through generations.
The Catastrophe of Colonisation
The arrival of European settlers in the Murray River region brought with it one of the most devastating population collapses in human history. What had been thriving communities numbering in the thousands was reduced to a mere handful of survivors within a few short decades. The scale of this catastrophe is starkly illustrated by a sobering statistic from the current native title claim: all members of the First Peoples of the River Murray and Mallee Region can trace their descent from only about thirty individuals from what would have been healthy and vibrant populations in the thousands before the settlers arrived.
This represents a population reduction of over 95 percent—a demographic catastrophe that rivals the worst examples of colonial impact anywhere in the world. The causes were multiple and interconnected, creating a perfect storm of destruction that nearly extinguished these ancient cultures entirely.
Disease was the primary killer, spreading faster than European settlement itself, even outpacing the frontier explorers who first ventured into the region. Smallpox, syphilis, tuberculosis, influenza, and measles swept through communities that had no immunity to these introduced pathogens. When Charles Sturt explored the lower Murray in 1830 and Thomas Mitchell travelled the upper Darling, both observed evidence of smallpox among Aboriginal people they encountered—clear signs that disease had preceded direct European contact.
Blandowski, writing in 1857, captured the horror of what he witnessed: “On the whole I have but to make the most deplorable statements concerning our natives. Extermination proceeds so rapidly, that the regions of the Lower Murray are already depopulated, and a quietude reigns there which saddens the traveller who visited those districts a few years ago.” This was written just twenty years after European settlement had begun in earnest in the region—a timeframe that speaks to the shocking speed of the demographic collapse.
The diseases continued to ravage Aboriginal communities even after the initial waves of epidemic illness. Tuberculosis, bronchitis, pneumonia, diarrhoea, and dysentery became the most common causes of death in the missions and settlements where survivors were increasingly confined. The widespread presence of gonorrhea likely contributed to reduced birth rates, further hampering population recovery.
Beyond disease, violent conflict over land and resources took a terrible toll. The Rufus River and Mount Dispersion massacres stand as particularly horrific examples of the violence that accompanied European expansion into Aboriginal territories. These were not isolated incidents but part of a broader pattern of conflict that erupted as pastoralists moved onto traditional lands and Aboriginal people fought to defend their Country.
The process of land dispossession was systematic and relentless. Pastoral squatters moved into the Mallee in the 1840s and 1850s, claiming vast tracts of traditional territory for sheep and cattle runs. The Aboriginal people found themselves increasingly pushed to the margins of their own Country, their access to traditional food sources and sacred sites severely restricted or entirely cut off.
The situation became even more dire with the passage of the Aborigines Protection Acts—Victoria’s in 1869 and New South Wales’ in 1909. These laws formalised a system of control and segregation that would persist for decades. Aboriginal people were forced onto missions and reserves, often far from their traditional territories. Children were systematically removed from their families, breaking the chains of cultural transmission that had sustained these communities for millennia.
The missions, while ostensibly established to protect Aboriginal people, became sites of further cultural destruction. Traditional languages were forbidden, ceremonial practices were banned, and people were forced to adopt European ways of life. The concentration of people from different tribal groups in confined spaces also facilitated the spread of disease, with tuberculosis and other respiratory illnesses claiming many lives.
For the Millewa-Mallee peoples, this period represented not just physical survival but cultural survival. The knowledge systems that had sustained their ancestors for thousands of years—the detailed understanding of seasonal patterns, the complex social laws governing resource use, the spiritual connections to specific sites—all came under sustained attack. Yet somehow, against all odds, core elements of this knowledge and these connections survived.
The resilience required to maintain cultural identity through this period of devastation cannot be overstated. Families scattered across different missions and settlements found ways to maintain connections. Elders continued to pass on crucial knowledge to younger generations, often in secret. Sacred sites remained sacred, even when access was denied. The connection to Country endured, even when the people were forced to live far from their traditional territories.
This survival was not passive endurance but active resistance. Aboriginal people found ways to adapt to the new circumstances while maintaining their essential identity. They worked on pastoral stations, often on their own traditional lands, maintaining their connection to Country even under the most difficult circumstances. They participated in the broader economy while preserving their own cultural practices. They learned to navigate the European legal and political systems while never abandoning their own laws and customs.
The Long Road to Recognition
The path to this historic native title victory began long before the formal legal processes that culminated in the July 2025 ruling. It began with the quiet persistence of Aboriginal people who never stopped asserting their connection to Country, never stopped practising their culture, and never stopped believing that justice would eventually prevail.
The modern framework for native title recognition emerged from another historic struggle—that of Eddie Koiki Mabo and the Meriam people of the Torres Strait. When Mabo and four other Meriam people launched their legal challenge in 1982, they were taking on one of the fundamental legal fictions upon which European colonisation of Australia was based: the doctrine of terra nullius, or “land belonging to no one.”
For over two centuries, Australian law had maintained that the continent was uninhabited when Europeans arrived in 1788, despite the obvious presence of Aboriginal and Torres Strait Islander peoples. This legal fiction allowed the Crown to claim ownership of all land without the need to negotiate treaties or recognise pre-existing rights. It was a convenient lie that enabled the systematic dispossession of Indigenous peoples across the continent.
The Mabo case challenged this fiction head-on, arguing that the Meriam people had maintained their traditional laws and customs and continued to hold rights to their traditional lands. The case wound its way through the courts for a decade, facing fierce opposition from governments and industry groups who feared the implications of recognising Indigenous land rights.
On June 3, 1992, the High Court of Australia delivered its landmark judgment in Mabo v Queensland (No. 2). By a majority of six to one, the court ruled that the lands of Australia were not terra nullius when European settlement occurred, and that Indigenous peoples who could demonstrate continuous connection to their traditional lands under their traditional laws and customs held native title rights that survived European colonization.
The decision sent shockwaves through Australian society. For Indigenous peoples, it represented the first formal recognition by the highest court in the land that their connection to Country had legal validity. For governments and industry, it raised complex questions about land tenure and resource rights across the continent.
The federal government, led by Prime Minister Paul Keating, responded by enacting the Native Title Act 1993, which established a framework for recognising and protecting native title rights while attempting to balance these with other interests in land. The Act created the National Native Title Tribunal to assist in resolving native title claims and established processes for negotiating agreements between native title holders and other parties.
However, the path from the Mabo decision to meaningful recognition for mainland Aboriginal communities proved to be long and difficult. The first native title claim in Victoria was lodged by the Yorta Yorta people in 1994, but after years of litigation, it resulted in a negative determination in 2002. The Federal Court found that the “tide of history” had washed away the Yorta Yorta people’s traditional connection to their lands—a devastating blow that seemed to suggest that the impacts of colonisation had been so severe that native title could not survive on the mainland.
Despite this setback, other Victorian communities persevered. The Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk peoples achieved the first positive native title determination in Victoria in December 2005, followed by the Gunditjmara people in March 2007. However, these determinations granted only non-exclusive native title rights, meaning that the traditional owners had to share their rights with other parties and could not control access to their Country.
For the Millewa-Mallee peoples, the struggle for recognition had been ongoing since the 1990s. They had watched as other communities achieved various forms of recognition while their own claims remained unresolved. The formal native title application was lodged in 2015, but the roots of their claim stretched back much further.
The legal process was complex and demanding. The applicants had to demonstrate not only their traditional connection to Country but also that this connection had survived the devastating impacts of colonisation. They had to prove that their traditional laws and customs continued to be observed and that they maintained their identity as a distinct cultural group.
This was no simple task. The evidence required included genealogical research tracing family connections back to pre-contact ancestors, anthropological studies documenting the continuation of traditional practices, archaeological evidence of long-term occupation, and detailed mapping of traditional territories and sacred sites. Expert witnesses had to testify about language, culture, and traditional ecological knowledge. Community members had to share deeply personal and often painful family histories.
The process was also emotionally demanding. For many community members, participating in the native title claim meant revisiting traumatic family histories of dispossession, forced removal, and cultural suppression. It meant sharing sacred knowledge with non-Indigenous lawyers and judges. It meant subjecting their most fundamental beliefs and practices to legal scrutiny.
Throughout this process, the Millewa-Mallee peoples were supported by dedicated legal teams, anthropologists, and other experts who understood the significance of what they were trying to achieve. Organisations like the Federation of Victorian Traditional Owners Corporations provided advocacy and support, while the broader Aboriginal community watched with hope and anticipation.
The Victorian government’s position evolved over the course of the proceedings. Initially resistant to many native title claims, the state government eventually came to support negotiated outcomes that recognised Indigenous rights while providing certainty for other land users. This shift reflected a broader change in Australian society’s understanding of Indigenous rights and the importance of reconciliation.
The ten-year legal battle was marked by numerous hearings, site visits, expert reports, and negotiations. There were moments of hope and moments of despair, times when resolution seemed imminent and times when the process seemed to stall. Through it all, the applicants and their communities maintained their faith in the justice of their cause and their determination to see it through to completion.
A Victorian First: The Significance of Exclusive Native Title
What sets the Millewa-Mallee determination apart from all previous native title recognitions in Victoria is its grant of exclusive native title rights—a form of recognition that represents the strongest possible acknowledgement of Indigenous sovereignty under Australian law. To understand why this is so significant, it’s important to appreciate the different types of native title rights and what they mean in practical terms.
Most native title determinations in Australia, including all previous determinations in Victoria, have recognised only non-exclusive native title rights. These rights typically include the ability to access traditional lands for hunting, fishing, gathering, and ceremonial purposes, but they must be exercised alongside the rights of other parties. Non-exclusive native title holders cannot control who else accesses their traditional lands or how those lands are used by others.
Exclusive native title, by contrast, grants traditional owners the right to possess, occupy, use, and enjoy their traditional lands to the exclusion of all others, subject only to the laws of the state and Commonwealth. Most importantly, it includes the right to control access to Country—a fundamental aspect of traditional ownership that goes to the heart of Indigenous concepts of sovereignty and self-determination.
For the Millewa-Mallee peoples, this recognition means that over certain areas of their traditional territory—specifically those areas reserved or held in trust for Aboriginal people—they now have the legal right to say who can enter and under what conditions. This is not merely a symbolic recognition but a practical power that allows them to protect sacred sites, manage cultural heritage, and ensure that their traditional laws and customs are respected.
The determination also grants non-exclusive native title rights over the broader determination area, which covers thousands of square kilometers from Mildura to the South Australian border. These rights include the traditional activities of hunting, fishing, gathering, and camping, as well as the crucial right to protect sites, objects, and places of cultural and spiritual significance.
Importantly, the determination does not affect privately owned land, addressing one of the key concerns that have historically been raised about native title recognition. The exclusive rights apply only to areas that are already reserved for Aboriginal purposes, while the non-exclusive rights apply to Crown land and other public areas.
The legal significance of this determination extends far beyond the Millewa-Mallee region. As Justice Bennett noted in her judgment, the decision “sets a precedent that may support other native title holders and claim groups to seek this same form of recognition.” This could open the door for other Aboriginal communities across Australia to pursue exclusive native title rights, potentially transforming the landscape of Indigenous land rights.
The path to achieving exclusive native title recognition was particularly challenging because it required demonstrating not just traditional connection to Country, but also that this connection had been maintained with sufficient strength and continuity to support the highest level of recognition under Australian law. The applicants had to show that their traditional laws and customs continued to govern their relationship with Country and that they maintained the authority to make decisions about access and use of their traditional lands.
This was no easy task given the devastating impacts of colonization on the Millewa-Mallee peoples. The fact that they were able to demonstrate such continuity speaks to the extraordinary resilience of their culture and the determination of generations of Aboriginal people to maintain their connection to Country despite overwhelming pressures to abandon their traditional ways.
The evidence presented to the court included detailed genealogical research tracing current community members back to pre-contact ancestors, anthropological studies documenting the continuation of traditional practices and beliefs, and extensive testimony from community elders about their ongoing connection to specific sites and areas within their traditional territory.
Particularly compelling was the evidence of ongoing traditional ecological knowledge and land management practices. Community members were able to demonstrate detailed knowledge of seasonal patterns, animal behaviour, and plant resources that could only have been maintained through continuous connection to Country. They showed how traditional burning practices had been adapted to contemporary circumstances, how sacred sites continued to be visited and cared for, and how traditional laws continued to govern relationships between people and Country.
The court also heard evidence about the ongoing practice of traditional ceremonies and the maintenance of cultural protocols governing access to sacred sites. Despite the disruptions of colonization, the Millewa-Mallee peoples had found ways to continue these essential cultural practices, often in secret during the darkest periods of government control and cultural suppression.
The recognition of exclusive native title also reflects a broader evolution in Australian society’s understanding of Indigenous rights and the importance of reconciliation. When the Mabo decision was handed down in 1992, there was significant resistance to the idea of recognizing any form of Indigenous land rights. Over the past three decades, however, there has been a gradual shift toward greater acceptance of the need to address the historical injustices of colonization and to recognize the ongoing rights and interests of Aboriginal and Torres Strait Islander peoples.
This shift has been driven partly by legal developments, but also by changing social attitudes, increased awareness of Aboriginal culture and history, and the persistent advocacy of Indigenous communities and their supporters. The Millewa-Mallee determination represents the culmination of this evolution in Victoria, marking a new high-water mark for Indigenous rights recognition in the state.
Voices of Victory: The Human Face of Justice
Behind the legal complexities and historical significance of the Millewa-Mallee native title determination lie deeply personal stories of struggle, perseverance, and hope. For the individuals and families who have fought for this recognition, the Federal Court’s decision represents far more than a legal victory—it is the vindication of a lifetime of advocacy and the fulfillment of promises made to ancestors and commitments to future generations.
Timothy Johnson, a Ngintait man who has been one of the key applicants in the case, speaks with quiet dignity about what this moment means to his people. “This native title determination is a defining moment,” he reflects, “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.” His words capture both the spiritual significance of the recognition and the practical opportunities it creates for his community’s future.
For Johnson, the journey to this moment has been deeply personal. Like many Aboriginal people of his generation, he grew up hearing stories from elders about the old days, about how things were before the settlers came, about the rich cultural life that had sustained his people for countless generations. But he also grew up with the pain of dispossession, the knowledge that his people had been pushed to the margins of their own Country, their rights unrecognized and their culture under constant threat.
“We will all benefit from this native title determination,” Johnson continues, “and we are looking forward to working as one to keep our culture and history ongoing.” This emphasis on unity and cultural continuity reflects one of the most remarkable aspects of the Millewa-Mallee peoples’ struggle—their ability to maintain their identity as distinct cultural groups while also working together as a unified community in pursuit of common goals.
Wendy Brabham, a Nyeri Nyeri elder, brings a different perspective to the victory, one shaped by decades of advocacy and the particular challenges faced by Aboriginal women in maintaining cultural traditions. “I hear the voices of our Nyeri Nyeri ancestors,” she says, her words carrying the weight of generations of struggle, “I hear the voices of our present generations. They weathered the storm; we are still weathering the storm.”
Brabham’s reference to “weathering the storm” speaks to the ongoing nature of the challenges faced by Aboriginal communities. The native title victory, significant as it is, does not erase the impacts of colonization or solve all the problems facing Indigenous peoples. But it does provide a foundation for moving forward, a legal recognition that can support cultural revitalization, economic development, and political empowerment.
The elder’s hope for the future is evident in her words about the next generation: “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.” This intergenerational perspective is central to Aboriginal worldviews, where decisions are made not just for the present but for the seven generations to come.
Shane Jones Senior, a Latji Latji man and another key figure in the native title claim, expresses his pride in the recognition while emphasizing the ongoing responsibilities that come with it. “Alongside all First Peoples of the Millewa-Mallee, including the Ngintait and Nyeri Nyeri peoples, we continue to live our culture,” he states. “With native title, our present and future generations can continue the legacy of all our elders and emerging elders.”
Jones’s words highlight one of the most important aspects of the native title recognition—it is not an end point but a beginning. The legal recognition provides a platform for cultural revitalization, for passing on traditional knowledge to younger generations, and for ensuring that the connection to Country that has sustained these peoples for millennia continues into the future.
The impact of the decision extends beyond the immediate applicants to the broader Aboriginal community in Victoria and across Australia. Kaley Nicholson, interim chief executive of the Federation of Victorian Traditional Owners Corporations, places the Millewa-Mallee victory in its broader context: “This historic milestone marks what Traditional Owners have always known: that we know Country, we belong to Country, our traditions are strong and enduring, and historic and ongoing colonial efforts to eradicate our cultures and connection to Country have utterly failed.”
Nicholson’s statement captures the defiant spirit that has sustained Aboriginal resistance throughout the colonial period and continues to drive the struggle for recognition and justice today. The phrase “utterly failed” is particularly powerful, representing not just survival but active resistance to cultural genocide.
For many community members, the native title victory also represents a form of healing—both personal and collective. The legal process required families to delve deep into their histories, to trace genealogical connections back to pre-contact ancestors, and to share often painful stories of dispossession and survival. This process, while difficult, also served to strengthen family connections and cultural identity.
The determination also provides validation for the sacrifices made by previous generations. Many of the elders who began this struggle in the 1990s did not live to see its successful conclusion. Their children and grandchildren now carry forward their legacy, knowing that their ancestors’ faith in the justice of their cause has been vindicated.
The practical implications of the native title recognition are already being felt within the community. The First People of the Millewa-Mallee Aboriginal Corporation (FPMMAC), which serves as the prescribed body corporate for the native title holders, is now in a position to take on greater responsibilities for land management, cultural heritage protection, and economic development.
This includes opportunities for employment and training for community members, partnerships with government agencies and private companies for land management activities, and the development of cultural tourism and education programs that can share the rich history and culture of the Millewa-Mallee peoples with the broader community.
The recognition also provides a foundation for addressing some of the ongoing disadvantages faced by Aboriginal communities. While native title is not a panacea for the complex social and economic challenges facing Indigenous peoples, it does provide a platform for community-controlled development and self-determination that can contribute to improved outcomes in health, education, and employment.
Perhaps most importantly, the native title victory provides hope for the future. For young Aboriginal people in the Millewa-Mallee region, it demonstrates that justice is possible, that their culture and identity are valued, and that they have a secure place in the future of their traditional Country. This psychological and spiritual impact may prove to be the most significant legacy of the determination.
Looking Forward: A New Chapter in the Story of Country
As the dust settles on this historic Federal Court decision, the Millewa-Mallee determination stands as more than just a legal victory—it represents a fundamental shift in the relationship between Indigenous and non-Indigenous Australians, and a powerful affirmation of the enduring strength of Aboriginal culture and connection to Country.
The timing of this decision, coming in 2025, is particularly significant. It arrives at a moment when Australia is grappling with questions about its colonial past and its path toward genuine reconciliation. The Voice to Parliament referendum of 2023, while unsuccessful, sparked a national conversation about Indigenous rights and recognition that continues to resonate. The Millewa-Mallee determination provides a concrete example of what meaningful recognition can look like when it is grounded in law, supported by evidence, and driven by the determination of Indigenous communities themselves.
The precedent set by this decision extends far beyond the boundaries of the Millewa-Mallee region. Across Australia, other Aboriginal communities are watching closely, many of them preparing their own native title claims or seeking to upgrade existing non-exclusive determinations to exclusive recognition. The legal pathways established by this case could potentially transform the landscape of Indigenous land rights across the continent.
In Victoria specifically, the determination marks a new chapter in the state’s relationship with its First Peoples. Previous native title recognitions in the state, while significant, granted only non-exclusive rights. The Millewa-Mallee determination demonstrates that exclusive native title is achievable, even in areas that have experienced intensive European settlement and development. This could encourage other Victorian Aboriginal communities to pursue similar recognition, potentially leading to a wave of new claims and determinations.
The economic implications of the determination are also significant. Exclusive native title rights provide the Millewa-Mallee peoples with greater control over economic development on their traditional lands, creating opportunities for sustainable enterprises that align with their cultural values and environmental responsibilities. This could include eco-tourism ventures that share their rich cultural heritage with visitors, sustainable agriculture projects that incorporate traditional land management practices, and renewable energy developments that provide long-term economic benefits for the community.
The environmental benefits of Indigenous land management are increasingly recognised by scientists and policymakers. Traditional Aboriginal land management practices, refined over thousands of years, often prove more effective than European approaches at maintaining biodiversity, preventing erosion, and managing fire risk. The Millewa-Mallee determination provides an opportunity to implement these practices on a significant scale, potentially serving as a model for other regions.
The cultural implications of the determination may prove to be the most profound. For the Millewa-Mallee peoples, the recognition provides a secure foundation for cultural revitalisation efforts. Traditional languages that were nearly lost can be more actively taught and preserved. Ceremonial practices that were suppressed or driven underground can be more openly practiced. Sacred sites that were neglected or damaged can be properly cared for and protected.
This cultural revitalisation has benefits that extend beyond the immediate community. The preservation and sharing of traditional ecological knowledge contributes to broader scientific understanding of sustainable land management. The maintenance of traditional languages adds to the world’s linguistic diversity. The continuation of traditional cultural practices enriches the broader Australian cultural landscape.
The determination also provides an opportunity for improved relationships between Indigenous and non-Indigenous Australians in the region. The recognition of native title rights does not mean the exclusion of non-Indigenous people from the area—rather, it provides a framework for respectful engagement and mutual benefit. Tourism operators, researchers, government agencies, and other stakeholders now have clear protocols for engaging with the traditional owners and ensuring that their activities are conducted with appropriate cultural sensitivity.
Educational opportunities abound as well. The rich history and culture of the Millewa-Mallee peoples can be incorporated into school curricula, university research programs, and public education initiatives. This can help to address the historical neglect of Aboriginal perspectives in Australian education and contribute to a more complete and accurate understanding of the nation’s history.
The determination also has implications for the broader project of reconciliation in Australia. Reconciliation is not just about symbolic gestures or constitutional recognition—it requires concrete actions that address the ongoing impacts of colonization and provide practical pathways for Indigenous self-determination. The Millewa-Mallee determination demonstrates what such concrete action can look like when it is pursued with determination, supported by evidence, and grounded in law.
For other Indigenous communities around the world, the Millewa-Mallee determination provides an inspiring example of what is possible when traditional owners persist in their struggle for recognition. Indigenous peoples in Canada, New Zealand, the United States, and other countries face similar challenges in asserting their rights and maintaining their connections to traditional territories. The success of the Millewa-Mallee peoples demonstrates that even in the face of devastating colonization, traditional connections to Country can survive and ultimately receive legal recognition.
The challenges ahead should not be underestimated. Native title recognition, while significant, does not automatically solve the complex social and economic problems facing Indigenous communities. The Millewa-Mallee peoples will need to navigate the practical challenges of exercising their newly recognized rights, managing relationships with other stakeholders, and ensuring that the benefits of recognition flow to all community members.
There will also be ongoing legal and political challenges. Native title law continues to evolve, and future court decisions or legislative changes could affect the scope and exercise of native title rights. The Millewa-Mallee peoples will need to remain vigilant in protecting their hard-won recognition and ensuring that their rights are respected by governments, industry, and the broader community.
Despite these challenges, the Millewa-Mallee determination represents a moment of profound hope and possibility. It demonstrates that justice, while often delayed, is not necessarily denied. It shows that traditional connections to Country, no matter how severely tested by colonization, can endure and ultimately receive recognition. Most importantly, it provides a foundation for the Millewa-Mallee peoples to continue their ancient role as custodians of Country while also embracing new opportunities for cultural, social, and economic development.
As Timothy Johnson observed, this determination means that his people can “continue to care and look after the lands where our ancestors walked, hunted and held ceremonies on.” In these simple words lies a profound truth: that the connection between Indigenous peoples and their Country is not just about the past, but about the future. It is about ensuring that the wisdom, knowledge, and cultural practices that have sustained these communities for millennia continue to flourish for generations to come.
The Millewa-Mallee native title determination is not the end of a story—it is the beginning of a new chapter. It is a chapter that will be written by the traditional owners themselves, guided by their ancient laws and customs, but also embracing new opportunities and challenges. It is a chapter that offers hope not just for the Millewa-Mallee peoples, but for all those who believe in justice, reconciliation, and the enduring power of human connection to Country.
In the red earth of the Mallee, where the Murray River has flowed for countless millennia, a new story is beginning. It is a story of recognition, of justice, and of hope. It is a story that honours the past while embracing the future. And it is a story that reminds us all that the connection between people and Country is one of the most powerful forces on Earth—a force that can survive even the most devastating attempts to destroy it, and ultimately emerge stronger than ever before.
This article was written to honour the struggle and celebrate the victory of the Latji Latji, Ngintait and Nyeri Nyeri peoples of the Millewa-Mallee region. Their perseverance in the face of overwhelming challenges serves as an inspiration to all who believe in justice and the power of human resilience.