Read The Times Australia

Daily Bulletin

New law finally gives voice to the Yarra River's traditional owners

  • Written by: Katie O'Bryan, Lecturer, Faculty of Law, and Associate, Castan Centre for Human Rights Law, Monash University

On September 21, the Victorian Parliament delivered a major step forward for Victoria’s traditional owners, by passing the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017. Until now, the Wurundjeri people have had little recognition of their important role in river management and protection, but the new legislation, set to become law by December 1, will give them a voice.

The Act is remarkable because it combines traditional owner knowledge with modern river management expertise, and treats the Yarra as one integrated living natural entity to be protected.

The new law recognises the various connections between the river and its traditional owners. In a first for Victorian state laws, it includes Woi-wurrung language (the language of the Wurundjeri) in both the Act’s title and in its preamble. The phrase Wilip-gin Birrarung murron means “keep the Yarra alive”. Six Wurundjeri elders gave speeches in Parliament in both English and Woi-wurrung to explain the significance of the river and this Act to their people.

The Act also gives an independent voice to the river by way of the Birrarung Council, a statutory advisory body which must have at least two traditional owner representatives on it.

Read more: Three rivers are now legally people, but that’s just the start of looking after them.

Giving legal powers to rivers has become fashionable recently. Aotearoa, New Zealand passed legislation in March to give legal personhood to the Whanganui River, the voice of that river being an independent guardian containing Māori representation.

Within a week of that decision, the Uttarakhand High Court in India ruled that the Ganga and Yamuna Rivers are living entities with legal status, and ordered government officers to assume legal guardianship of the two rivers (although that decision has since been stayed by the Indian Supreme Court).

All of these developments recognise that rivers are indivisible living entities that need protection. But the Victorian legislation differs in that it doesn’t give the Yarra River legal personhood or assign it a legal guardian. The Birrarung Council, although the “independent voice” of the Yarra, will have only advisory status.

The practice of giving legal voice to entities that cannot speak for themselves is not a new one. Children have legal guardians, as do adults who are not in a position to make decisions for themselves. We also give legal status to many non-human entities, such as corporations.

The idea of doing the same for rivers and other natural objects was first suggested back in 1972. In general terms, giving something legal personhood means it can sue or be sued. So a river’s legal guardian can go to court and sue anyone who pollutes or otherwise damages the river. (Theoretically, a river could also be sued, although this has yet to be tested.)

So how will the Yarra River be protected, if it doesn’t have legal personhood or a guardian?

Like the Whanganui River Settlement legislation, the Yarra River Protection Act provides for the development of a strategic plan for the river’s management and protection. This includes a long term community vision, developed through a process of active community participation, that will identify areas for protection. The strategic plan will also be informed by environmental, social, cultural, recreational and management principles.

These Yarra protection principles further enhance the recognition of traditional owner connection to the Yarra River. They highlight Aboriginal cultural values, heritage and knowledge, and the importance of involving traditional owners in policy planning and decision-making.

And the Birrarung Council will have an important role to play. It will provide advice and can advocate for the Yarra River, even if it can’t actually make decisions about its protection, or take people who damage the Yarra River to court.

Importantly, the Council does not have any government representatives sitting on it. Its members are selected by the environment minister for four-year terms and once appointed they can’t be removed unless they’re found to be unfit to hold office (for example, for misconduct or neglect of duty). This makes sure that the Council’s advice to the minister is truly independent.

So, although the new law will not give the Yarra River full legal personhood, it does enshrine a voice for traditional owners in the river’s management and protection – a voice that has been unheard for too long.

Authors: Katie O'Bryan, Lecturer, Faculty of Law, and Associate, Castan Centre for Human Rights Law, Monash University

Read more http://theconversation.com/new-law-finally-gives-voice-to-the-yarra-rivers-traditional-owners-83307

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why European Vehicles Demand Specialised Maintenance on Australian Roads

European cars, encompassing premium brands like BMW, Audi, Mercedes, and Volkswagen, are highly soug...

How Melbourne Businesses Can Retain Top Talent Through Visa Sponsorship

Melbourne businesses are facing an increasingly complex hiring landscape. According to the Jobs and ...

Clever Ways to Combat Dampness and Maintain a Healthy Bathroom Environment

Australians currently spend more than 90 percent of their time indoors. This modern lifestyle heavil...

How Registering a Company in Singapore Can Support Business Growth

Choosing where to register a business can influence how easily it grows, attracts customers, and e...

What Business Owners Should Know About Company Registration in Hong Kong

Hong Kong is a popular location for entrepreneurs looking to establish businesses with internation...

What Entrepreneurs Should Know About the Benefits of Registering a Company in Australia

Starting a business involves more than finding customers and offering a good product or service.  ...

From Free-to-Air to Netflix: Where Australian Brands Are Spending Their TV Dollars Now

Not long ago, an ad break meant one thing in Australian homes: free-to-air television. Today it mi...

Why South Australia Leads the Country on Home Batteries

South Australia has long punched above its weight in renewable energy. The state has one of the hi...

Diagnosing Common Pool Problems in an Australian Summer

An Australian summer puts backyard pools under serious pressure. High temperatures, intense UV, he...