A native title claim for Port Phillip Bay has been withdrawn after seven years.
The debt-laden Bunurong Land Council (Aboriginal Corporation), now in administration, lodged a claim in the Federal Court in June 2006 for the “land and water of the Mornington Peninsula National Park, the waters and foreshore of Port Phillip Bay from Point Nepean to Werribee, south to Mud Island, west to Point Lonsdale, southeast to London Bridge and all the land and waters within these boundaries”.
The purpose of the claim was to have more say and control over environmental and heritage management, and controversial issues at the time such as dredging of the bay and development of Point Nepean.
The native title claim excluded any land or water covered by a freehold estate, or commercial, mining or agricultural lease.
The land council reportedly spent $300,000 in the Federal Court until Maddocks Lawyers took on the case pro bono. The State of Victoria was the respondent.
After more than seven years and almost two dozen adjournments, the case was withdrawn in December, and in January the Indigenous Corporations registrar Anthony Beven placed the formerly Gembrook-based Bunurong Land Council (Aboriginal Corporation) under special administration.
Stephen Compton, an adviser to the Bunurong people, said withdrawing the native title claim “has nothing to do with the appointment of a special administrator”.
An investigation by the registrar, prompted by complaints from council members, revealed the “corporation’s financial accounts and records were in disarray” and had been for some years. Last year’s financial statement, to June 30, showed an income of $59,895, expenditure of equal amount, assets of $1000 and $43,000 in liabilities.
The investigators also found the council had not held an annual general meeting since 2004 and had had only one directors’ meeting in the past five years.
“This corporation was established in 2002 to represent and manage the native title interests of the Bunurong people,” Mr Beven said. “This is a very important role and the Bunurong people want their corporation fixed so it can continue to fulfil this role.”
