Glossary
| Aboriginal Lands Act 1991 (Vic) | Victorian legislation that is the subject of this paper. This legislation transferred ownership of the cemeteries of the former missions at Coranderrk, Ebenezer and Ramahyuck to certain Aboriginal organisations. |
| Aboriginal Heritage Act 2006 (Vic) | Victorian legislation that provides for the management and protection of Aboriginal cultural heritage in Victoria. |
| Amendment | A change to a piece of legislation (or a text, legal document, contract, regulations, etc). |
| BGLC | Barengi Gadjin Land Council Aboriginal Corporation, which is the Traditional Owners Group Entity that represents the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples as the Traditional Owners of the land encompassing Ebenezer Mission. |
| Certificate of Title | The legal document which specifies the ownership and rights in relation to a piece of land under Victorian land and property laws. |
| Crown grant | The first transfer of land from the Victorian Government to a person in freehold. |
| Department of Premier and Cabinet (DPC) | The department responsible for leading the review of the Aboriginal Lands Act 1991 (Vic) |
| Department of Treasury and Finance's (DTF) Land and Property Group (LP Group) | The group within DTF, which provides advice to government agencies on the future use or disposal of surplus government land. |
| Enact legislation | The passing of new legislation by Parliament. |
| Encumbrance | A burden or charge (i.e., a mortgage) over a piece of land. |
| Fee simple | The fullest, most permanent interest a person can hold in land or property, with freedom to deal with the property at will (subject to usual planning and building laws). Each of the titleholders under the Aboriginal Lands Act 1991 (Vic) hold their land in fee simple. Also, another word for 'Freehold' see below. |
| Freehold | See 'Fee simple' above. |
| GEGAC | Gippsland and East Gippsland Aboriginal Co-operative, the titleholder for Ramahyuck Mission Cemetery. |
| GLaWAC | Gunaikurnai Land and Waters Aboriginal Corporation, which is the Traditional Owner Group Entity that represents the Gunaikurnai Peoples as the Traditional Owners of the land encompassing Ramahyuck Mission. |
| Goolum Goolum | Goolum Goolum Aboriginal Co-operative, the titleholder for the Ebenezer Mission Cemetery. |
| Governor in Council (GIC) | The Governor of Victoria, acting on the advice of the Executive Council or the Premier (if relevant). The role of the Executive Council is provided for the Constitution Act 1975 (Vic). The GIC is not a deliberative body but on that acts on the advice of the relevant ministers. |
| Lands Act 1958 (Vic) | Victorian legislation that regulates the sale and occupation of Crown lands. |
| Legislation | Acts of parliament and subordinate (or delegated) legislation made under acts of parliament. |
| Parliament | Unless otherwise specified, the Victorian Parliament. |
| Registered Aboriginal Party | An Aboriginal corporation that has authority to make decisions on Aboriginal heritage issues over a particular area in Victoria under the Aboriginal Heritage Act 2006 (Vic). |
| Registrar of Titles | The manager of Victoria's land title system. |
| Repeal | To use an act of parliament to remove legislation, or parts of legislation. |
| Titleholder | A titleholder is the person or corporate entity who is listed as the owner of the land or property on a certificate of title (see 'Certificate of Title'). For the purpose of the Final Report, titleholder refers to the titleholders for the purposes of the Act, Wurundjeri, Goolum Goolum and GEGAC. |
| Transfer Restriction | A condition in the Aboriginal Lands Act 1991 (Vic) that the titleholders of each of the Coranderrk, Ebenezer and Ramahyuck Mission Cemeteries must not sell or transfer their ownership of the land (section 7). |
| Use Restriction | A condition in each of the Crown grants made under the Aboriginal Lands Act 1991 (Vic) that the land at Coranderrk, Ebenezer and Ramahyuck Mission Cemeteries must be used for Aboriginal cultural and burial purposes, as required under the Act (section 6(5)). |
| Valuer-General Victoria (VGV) | Oversees valuations for Victorian Government property transactions and the making and return of council rating valuations. |
| Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk Peoples (WJJWJ) | Aboriginal Peoples whose traditional land the Ebenezer Mission is situated on and whose ancestors are buried in the Ebenezer Mission Cemetery. |
| Wurundjeri | Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation (formerly known as Wurundjeri Tribe Land and Compensation Cultural Heritage Council). The titleholder and Traditional Owner Group Entity for Coranderrk Mission Cemetery. |
Executive Summary
Context
The Victorian Government publicly committed to delivering Aboriginal self-determination, through the Victorian Aboriginal Affairs Framework 2018-2023 and Self-Determination Reform Framework by enabling greater transparency, government accountability and meaningful engagement when working with Victorian Aboriginal communities. Part of this commitment involves giving Aboriginal Victorians a lead voice in defining what their self-determination looks like in practice. A review of the Aboriginal Lands Act 1991 (Vic) (the Act) is a government priority to promote Aboriginal self-determination and empower Aboriginal organisations to freely exercise their land rights.
The Act was passed in 1991, facilitating the transfer of the three Aboriginal cemeteries at the former missions of Coranderrk, Ebenezer and Ramahyuck to Wurundjeri, Goolum Goolum and GEGAC, respectively.
Wurundjeri are the Traditional Owners of the land encompassing Coranderrk Mission. The review also engaged BGLC as the entity representing Traditional Owners of the land encompassing Ebenezer Mission, and GLaWAC as the entity representing the Traditional Owners of the land encompassing Ramahyuck Mission. The Traditional Owners and titleholders are considered the stakeholders for the purpose of the review.
Table 1: Stakeholders
| Site | Titleholder | Traditional Owner Group Entity |
| Ebenezer Mission Cemetery | Goolum Goolum | BGLC |
| Ramahyuck Mission Cemetery | GEGAC | GLaWAC |
| Coranderrk Mission Cemetery | Wurundjeri | Wurundjeri |
The Act places two significant limitations on the rights of titleholders. First, they are prohibited from selling or transferring their respective interests in the land (Transfer Restriction). Secondly, the lands must be used for Aboriginal cultural and burial purposes (Use Restriction). These limitations run counter to the principles of Aboriginal self-determination in that they limit the opportunities of titleholders to freely use and deal with their land as they see fit.
The Use Restriction is set out in the Certificate of Title itself, as well as required by the Act (section 6(5)). By contrast, the other restriction relating to transfer of land (section 7) is only contained in the Act. It is not mentioned in the title.
DPC canvassed options for reform with five stakeholders between 22 September 2020 and 20 November 2020. A Discussion Paper and Supplementary Discussion Paper were circulated to the stakeholders, inviting submissions in response to eight options for reform. The feedback received from all five stakeholders forms the basis of this report's recommendations to reform the Act to meet the aspirations of the stakeholders.
Summary of Recommendations
The key recommendations are:
| No. | Site | Recommendation |
| 1 | Coranderrk Mission Cemetery | Do not amend the Act with respect to the Coranderrk Mission Cemetery |
| 2 | Ebenezer Mission Cemetery | Amend the Act to remove the transfer restriction1 and Use Restriction.2 |
| 3 | Ramahyuck Mission Cemetery | Amend the Act to remove the transfer restriction3 and the Use Restriction.4 |
1Note: The recommended amendment does not limit the ability of the titleholder to transfer the title to another party at their choosing.
2Note: The recommended amendment permits the titleholder to use the land for purposes other than Aboriginal cultural and burial purposes.
3Note: The recommended amendment does not limit the ability to the titleholder to transfer the title to another party at their choosing.
4Note: The recommended amendment permits the titleholder to use the land for purposes other than Aboriginal cultural and burial purposes.
Updated