What do treaty negotiations mean for Victorian landowners?
Victoria is leading the nation in its commitment to reconciliation through treaty negotiations with First Nations Peoples. As part of this process, landowners across the state, particularly those with substantial or strategically located holdings may notice shifts in the way land rights are recognised, managed, and legislated.
Change can be unsettling, especially when it concerns land ownership. But Victoria’s treaty process is being designed with collaboration, respect, and legal certainty in mind.
Understanding the Treaty Framework
In 2022, the Treaty Authority and Other Treaty Elements Bill was passed in Victoria, marking a major step forward in the state’s treaty-making journey. This legislation laid the groundwork for how treaty negotiations will proceed, including the establishment of a Treaty Authority with independent oversight.
Importantly, these treaty negotiations are expected to influence various aspects of Victorian property law in the coming years, including how land use, access rights, and cultural recognition are governed.
Key impacts for property owners
Here’s what landowners should know about the treaty landscape:
1. Recognition of traditional ownership and customary rights
Treaties are likely to include formal recognition of First Nations Peoples’ enduring connection to land. This recognition may extend beyond existing native title processes and could introduce new legal and cultural mechanisms to manage land claims and usage.
2. Potential for co-existing or overlapping rights
Treaty settlements may introduce shared management responsibilities or cultural access rights, especially on land with environmental or cultural significance. This means property held under freehold, leasehold or Crown tenure could become subject to additional obligations, such as:
- Consultation with Traditional Owners for planning approvals
- Cultural heritage protection measures
- Environmental co-management frameworks
3. Law and policy reform
We can expect amendments to property-related legislation as treaties are finalised. These reforms may include:
- Requirements to consult Traditional Owner bodies for developments
- Joint management of public or Crown land
- Incorporation of Indigenous knowledge in environmental or land use regulation
4. Economic and cultural opportunities
As treaties provide greater certainty around land rights, new opportunities will emerge for collaboration with First Nations communities. These may include:
- Sustainable land management partnerships
- Cultural tourism and conservation initiatives
- Local employment and economic development ventures
5. Stronger legal certainty
Treaty-making is also about creating clear, enforceable agreements that resolve long-standing disputes and provide stability. Dispute resolutions embedded in treaties will help clarify rights and responsibilities for all parties and reduce uncertainty.
Will property owners lose their land?
No.
Freehold landowners will retain their legal title and rights. The treaty process is not about taking land away – it is about adding recognition and consultation, particularly for land of cultural or historical importance.
The Victorian Government has emphasised that all treaty-related reforms will be developed in consultation with stakeholders, including private property owners and business operators.
Why is this a positive step?
Rather than something to fear, the treaty process should be viewed as an opportunity:
- It’ll create stronger communities: Reconciliation creates a more inclusive and cohesive society.
- There will be clearer legal frameworks: Treaties provide clarity on land use rights and reduce the risk of future disputes.
- There is an opportunity for innovation: Landowners may engage in new forms of partnership, collaboration, and environmental stewardship.
Stay informed and engaged
If you own property in Victoria, particularly large rural holdings, Crown leases, or land near culturally significant areas, it’s important to stay informed as treaty developments progress. Reviewing your obligations and exploring collaborative opportunities now can place you in a strong position as the treaty framework evolves.
Need advice?
Our team can help you through these changes if you want to look at land use rules, explore co-management possibilities, or understand what the treaty means for you.
This is general advice only and has not been prepared with your situation and needs in mind. For individual and personalised advice, we highly recommend that you seek out proper professional advice from your lawyer.
