Legal Issues regarding Land

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21 May 2020
Is someone able to please tell me the legal issues for the following. Thank you.

The Wadura people made a native title claim over an area along the Murray River in Victoria. The claim covers the following areas that are subject to the following rights: (a) a freehold estate in the Andrews farm in respect of area “A”; (b) a twenty-year crown agricultural leasegranted to Tim Burton over area “B”; and (c) a mining licence granted to ABCO Mining Ltd in terms of the Mineral Resources (Sustainable Development) Act, 1990 (V) over area “C”.

The Wadura people claimed the rights to: (a) access and camp on the land on area “B”; (b) take fauna, flora, fish, water and traditional resources from areas “B” and “C”; (c) perform rituals and ceremonies on the land on area “C”; and (d) maintain and protect sites and areasof significance to the native title holders on area “A”. The Wadura people date back far beyond the English settlement of Australia, were originally nomadic, but are currently spread over farms in northern Victoria although some members live and work in Mildura. The majority of Wadura people meet once a year to celebrate family and culture, camp on the land, take fauna, flora and fish from the river and perform rituals and ceremonies. Twice a year the elders visit, inspect and protect sacred sites with permission of the owner on area“A”.

The first freehold in respect of area “A” was acquired during 1901 by state grant. The agricultural lease and mining licence were granted on 15 January 1995 and 15 November 1996, respectively. The mining licence was renewed in 2016 for a term of 10 years without the knowledge of the Wadura people.