First Peoples of the Millewa-Mallee v State of Victoria [2025] FCA 799
On 18 July 2025, the Federal Court formally recognised the First Peoples of the Millewa-Mallee as the Native Title Holders over a large area of Crown land and waters in northwest Victoria. This recognition affirms that the Traditional Owners have maintained a continuous and ongoing connection to their Country under traditional law and custom, despite more than a century of dispossession.
This is a historic case, it marks the first time in Victoria that exclusive native title rights—the right to possess, occupy, use and enjoy land to the exclusion of others—have been recognised under section 47A of the Native Title Act 1993 (Cth).
A Powerful Acknowledgement from the State
As part of the consent determination, the State of Victoria formally acknowledged:
- That the Millewa-Mallee peoples and their ancestors have cared for, and been cared for by, their Country since time immemorial;
- The pain and harm caused by colonisation, including the forced removal of people from their lands and the impacts of discriminatory laws and policies;
- The ongoing strength, resilience, and cultural continuity of the Traditional Owners, who have maintained connection to land, culture and community despite those harms.
The State committed to building a renewed relationship based on mutual respect, fairness and partnership; one that supports the community’s broader social, cultural, and economic goals.
What Made This Recognition Possible?
Under section 47A of the Native Title Act, the Court can disregard past acts that would normally extinguish native title, such as Crown grants or government use, if First Nations people are living on the land at the time of the claim and it has been held for their benefit. This means that even where native title was previously extinguished, exclusive rights can be revived in such circumstances.
In this case, the Court was satisfied that the First Peoples of the Millewa-Mallee met those requirements. This allowed for the recognition of exclusive rights over parts of their Country, an outcome that is rare in south-east Australia due to the extent of dispossession and the widespread extinguishment of native title in the region.
What’s Next: Section 47C and National Parks
The State and the Native Title Holders have also committed to future negotiations that could expand native title recognition to include certain park and reserve areas.
Similar to section 47A of the Native Title Act, section 47C allows prior extinguishment of native title to be disregarded, but it applies specifically to national parks and reserves. This means Traditional Owners may be able to have exclusive or non-exclusive native title recognised in areas where it was previously thought to be lost.
Beyond Millewa-Mallee: A New Possibility for the South-East
This decision is more than an achievement for the First Peoples of the Millewa-Mallee, it sets an important precedent for other Traditional Owner groups across south-eastern Australia.
For decades, exclusive possession native title has been considered unlikely in the south-east due to the extent of dispossession and legal extinguishment in the region. However, this case demonstrates that section 47A, and potentially also section 47C, can be a powerful tool for enabling stronger native title recognition.
The decision also opens the door for other Traditional Owner groups to pursue exclusive native title recognition over certain Crown lands. It signals a broader shift in how governments, courts, and the public understand and acknowledge the enduring strength of cultural connection held by First Nations people, even in regions most impacted by colonisation.
This outcome highlights the resilience of Traditional Owners and the importance of legal mechanisms that can help reverse historical injustice and support culturally driven land ownership and custodianship.