Eastern Maar welcomes Registered Aboriginal Party recognition

The Victorian Aboriginal Heritage Council has recognised Eastern Maar as the primary guardians, keepers and knowledge holders for the management and protection of Aboriginal cultural heritage within 17,880 square kilometres of land from Port Fairy to Anglesea.

The extended RAP, 7.53 per cent of the land area of the state, covers the townships of the townships of Warrnambool, Terang, Mortlake, Camperdown, Colac, Apollo Bay, Lorne and Cressy.

Eastern Maar Aboriginal Corporation chair Jason Mifsud said it was a significant step in the right direction and one that validates the corporation's long-standing responsibility for caring for Country for thousands of years.

"Our traditional lands are alive with dreaming and creation stories; and imprinted with our social history and cultural values," he said.

"While the road to recognition has been a long-travelled path, we feel that recognition has effectively elevated our voice and rightful standing on the protection and management of cultural heritage places, objects and landscapes on our traditional lands and sea Country.

"This accomplishment is due to the vision, wisdom and grit of our Elders who have never stopped in our fight for recognition. But also, for the determination of our knowledge holders for their skill and hard work of our board and management who have worked tirelessly throughout this journey."

He said the decision would help underpin Eastern Maar's ongoing settlement and native title negotiations.

It comes two years after Eastern Maar decided to formally begin negotiations with the state government under the Traditional Owner Settlement Act 2010 which is an out-of-court settlement process recognising the rights of Traditional Owners.

Eastern Maar also has a native title claim underway in the Federal Court under the Commonwealth Native Title Act 1993 that was first lodged in 2012.

However the news was not welcomed by all, with the board of the Gunditj Mirring Traditional Owners Aboriginal Corporation expressing "extreme disappointment" that they were not included in VAHC's decision.

Gunditj Mirring chief executive Damein Bell said they believed "something dodgy has taken place."

"This decision before the final determination of the Eastern Maar native title claim creates an unprecedented uncertainty between the operations of the Commonwealth's Native Title Act and the Victorian Aboriginal Heritage Act," he said.

He said the VAHC has the power to appoint joint RAPs to a particular area and did so in 2011 when Gunditj Mirring and Eastern Maar were jointly appointed the area between Yambuk and north to Lake Linlithgow near Hamilton.

He said the VAHC had not yet released its statement of decision relating to its decision to appoint EMAC leaving communities and property owners in limbo as to the certainty of the decision or to the rights of appeal available to the "distressed Gunditjmara community".

"The unprecedented decision leaves little to the imagination or to due process except for something dodgy has taken place."

GMOTOAC chairperson Denise Lovett said Gunditjmara country was located between the Shaw and Hopkins Rivers in south-west Victoria.

"Our board met to discuss the decision not to appoint Gunditj Mirring alongside Eastern Maar especially with the Eastern Maar native title claim currently in mediation before the federal court," she said.

"On behalf of the Gunditjmara community and our traditional homelands, our board expresses our extreme disappointment at the decision not to recognise the voice and cultural obligations for Gunditjmara people for Gunditjmara country."

VAHC chairperson Rodney Carter said the council would publish its Reasons for Decision following its next meeting.

Eastern Maar chief executive Marcus Clarke said it was too early to judge the decision before the council formally released the reasoning behind their decision to approve EMAC's RAP application.

"It's also important to state that the council is mandated to adhere to the provisions of the Aboriginal Heritage Act and the requirements of administrative law so decisions are not made haphazardly. Gunditj Mirring also have the option of seeking review of the decision made which then is subject to review in the Supreme Court, ensuring accountability in affording due process to RAP applicants and other parties," he said.

"Our focus now is getting on with servicing the increased RAP area and quickly building capacity to deliver on the important work of protecting and managing cultural heritage places, objects and landscapes on our traditional lands and sea Country."

Have you signed up to The Standard's daily newsletter and breaking news emails? You can register below and make sure you are up to date with everything that's happening in the south-west.