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105-586: The creek rises in the Big Hill range south-west of the city of Bendigo near the Crusoe Reservoir. Starting at an elevation of 287 metres, the creek almost immediately flows through the Crusoe Reservoir at 286 metres and then forms a geographic spine through Bendigo's CBD either past or under many of the city's landmarks including the Alexandra Fountain at Charing Cross , Rosalind Park , Lake Weeroona and

210-530: A Wiradjuri man from Cowra, New South Wales , commenced an action in the High Court of Australia arguing that Aboriginal people retained rights to land as an Aboriginal nation or nations existed pre-settlement and continues to exist, and that their land had been taken by conquest rather than by settlement. The court held in Coe v Commonwealth (1979) that no Aboriginal nation holds any kind of sovereignty , distinguishing

315-553: A bundle of rights , which may be extinguished one by one, for example, by a mining lease. In this case, the lease did not confer 'exclusive possession', because the claimants could pass over the land and do various things. But some parts of native title rights were extinguished, including the rights to control access and make use of the land. The claim was remitted to the Full Court of the Federal Court to determine in accordance with

420-546: A humid subtropical / cold semi-arid transitional climate zone ( Cfa/BSk ), due to its location being on the boundary of the hot, sultry inland areas to the north and the cool, damp Southern Ocean to the south. Bendigo gets 109.9 clear days annually. The mean minimum temperature in January is 14.4 °C (57.9 °F) and the maximum 30.3 °C (86.5 °F), although temperatures above 35 °C (95.0 °F) are commonly reached. The highest temperature officially recorded

525-486: A veto over development, and nor does it grant land, as the Aboriginal Land Rights Act (ALRA) does. National Native Title Tribunal definition: [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which

630-611: A ceremony in the desert attended by Maralinga Tjarutja leader Archie Barton , John Bannon and Aboriginal Affairs Minister Greg Crafter . This granted rights over 75,000 square kilometres (29,000 sq mi) of land in the Great Victoria Desert , including the land contaminated by the British nuclear weapons testing at Maralinga . Mabo v Queensland (No 2) (1992) was the foundational case for native title in Australia. In 1992

735-531: A determination, Prescribed Bodies Corporate are entered onto the NNTR. At this point, the corporation becomes a Registered Native Title Body Corporate (RNTBC). On 1 July 2011, the 160 registered determinations of native title covered some 1,228,373 km (474,277 sq mi) (approximately 16 per cent) of the land mass of Australia; and registered Indigenous land use agreements (ILUAs) covered about 1,234,129 km (476,500 sq mi) (about 16 per cent) of

840-635: A number of clan groups of Aboriginal people to an area of seas and sea-beds surrounding Croker Island in the Northern Territory. It was the first judgment by the High Court of native title over waters. The judge, Olney J, determined that members of the Croker Island community have a native title right to have free access to the sea and sea-bed of the claimed area for a number of purposes. The case established that traditional owners do have native title of

945-557: A package of coordinated measures and technical amendments to improve the performance of the native title system. These are aimed at making the native title process more efficient and to speed up the determination of whether native title exists on the 580 claims that had been registered but not yet determined. The Native Title Act 1993 was further amended by the Rudd government by the Native Title Amendment Act 2009 . It allows

1050-620: A plan of the Mount Alexander gold workings, and his order that he mark out a reserve at the junction of Golden Gully with Bendigo Creek, and the camp on the west side of the creek below the junction. In late August La Trobe wanted him to report urgently on the best reserves for agriculture in the district. By 26 November he had mapped Bendigo Creek and Myers Creek, and his survey of the Bendigo Valley and environs marked township reserves at Bullock Creek, Ravenswood and Happy Jack where settlement

1155-461: A result, native title rights could co-exist, depending on the terms and nature of the particular pastoral lease. Where there was a conflict of rights, the rights under the pastoral lease would prevail over native title rights. The Wik decision led to amendments to the Native Title Act 1993 by the Native Title Amendment Act 1998 . This Act, also known as the "10 Point Plan", was introduced by

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1260-488: A style that was soon adopted across the state of Victoria. Vahland also designed more than 80 buildings, including the Alexandra Fountain , arguably the most prominent monument in Bendigo, with its granite dolphins, unicorns, nymphs and allegorical figures. A tram network was established by 1890, some of which is still in operation as a tourism service currently. After a temporary drop in population, renewed growth occurred from

1365-437: A tent city, the boomtown grew rapidly into a major urban centre with many grand public buildings. The municipality became a borough in 1863, officially known as Sandhurst until 1891, but always unofficially as Bendigo. The railway had reached Bendigo by 1862, stimulating rapid growth, with flour mills, woollen mills, tanneries, quarries, foundries, eucalyptus oil production, food production industries, and timber cutting. When

1470-490: Is a city in north-central Victoria , Australia , located in the Bendigo Valley near the geographical centre of the state and approximately 150 kilometres (93 mi) north-west of Melbourne , the state capital. As of 2022, Bendigo has a population of 103,818 making it Australia's 19th-largest city by population . Bendigo is the fourth-largest inland city in Australia and the fourth-most populous city in Victoria . Bendigo

1575-522: Is a corruption of the name "Abednego" in its shortened form, "Bednego". Bendigo Thompson was a famously agile boxer who initially earned the nickname "Bendy" because of his constant bobbing and weaving around the ring. His nickname evolved: "Bendy" in combination with his middle name, Abednego, became "Bendigo". 36°29′13″S 144°29′23″E  /  36.486944°S 144.489722°E  / -36.486944; 144.489722 Bendigo Bendigo ( / ˈ b ɛ n d ɪ ɡ oʊ / BEN -dig-oh )

1680-542: Is administered by the City of Greater Bendigo , formerly the City of Bendigo . The council area encompasses roughly 3,000 square kilometres, the city is surrounded by smaller towns such as Castlemaine , Heathcote , Kyneton , Maryborough , Elmore , Rochester , Goornong and Axedale . The traditional owners of the area are the Dja Dja Wurrung (Djaara) people. The discovery of gold on Bendigo Creek in 1851 transformed

1785-683: Is built on top of a wide bridge that spans the viaduct . The park elevates toward Camp Hill, which features a historic school and a lookout – a former mine poppet head . Further from the city is Lake Weeroona , a large, ornamental lake adjacent to the Bendigo Creek. The Bendigo Botanic Gardens , which opened in 1869, are further downstream. Major redevelopment of the gardens has taken place in recent years. The gardens are home to many native species of animals, including brushtailed and ring-tailed possums, ducks, coots, purple swamp hens, microbats (small insect-eating bats), several species of lizards, owls,

1890-599: Is currently banned. Bendigo was affected by the Black Saturday bushfires in 2009. A fire to the west of the city burned out 500 hectares (1,200 acres). The fire broke out at about 4.30 pm on the afternoon of 7 February, and burned through Long Gully and Eaglehawk, coming within 2 km (1.2 mi) of central Bendigo, before it was brought under control late on 8 February. It destroyed about 58 houses in Bendigo's western suburbs, and damaged an electricity transmission line, resulting in blackouts to substantial parts of

1995-502: Is granted, specific rights are decided on a case-by-case basis, and may only sometimes includes freehold title. Australia did not experience litigation involving Aboriginal native title until the 1970s, though several earlier cases tangentially involved issues of native title. In 1835, John Batman purported to sign Batman's Treaty with Aboriginal elders in the Port Phillip District . Governor Bourke declared Batman's Treaty

2100-548: Is located next to the art gallery in View Street and hosts performing arts and live music. It also hosts the annual Bendigo Writers Festival which was founded in 2012. The Ulumbarra Theatre was opened on 16 April 2015. It was originally the Sandhurst/Old Bendigo Gaol. The new theatre which seats nearly 1,000 people sits within the walls and structure of the gaol and retains some original architectural features of

2205-654: Is not a grant or right created by governments. The Aboriginal Land Rights Act 1976 (see below) covers the granting of land to Aboriginal Land Trusts; setting up Aboriginal land councils ; mineral rights; decision-making processes for dealing with land; dealing with income from land use agreements; and negotiations about leases for development on Aboriginal land. The Native Title Act 1993 (NTA) gives recognition that "Aboriginal and Torres Strait Islander people have rights to land, water and sea, including exclusive possession in some cases, but does not provide ownership". It allows for negotiations over land, but does not provide for

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2310-416: Is now a performing-arts centre. Bendigo's Joss House , a historic temple, was built in the 1860s by Chinese miners and is the only surviving building of its kind in regional Victoria, which continues to be used as a place of worship. The historic Bendigo Tram Sheds and Power Station (1903) now house Bendigo's tramway museum . The Queen Elizabeth Oval still retains its ornate 1901 grandstand. The central city

2415-422: Is one which has become a matter of heated controversy. If there are serious legal questions to be decided as to the existence or nature of such rights, no doubt the sooner they are decided the better, but the resolution of such questions by the courts will not be assisted by imprecise, emotional or intemperate claims. In this, as in any other litigation, the claimants will be best served if their claims are put before

2520-548: Is recognised under Australian law (s 223 NTA). Commonwealth Government's indigenous.gov.au website: Native title is the recognition in Australian law, under common law and the Native Title Act 1993 (Cth), of Indigenous Australians' rights and interests in land and waters according to their own traditional laws and customs. Native title has also been described as a "bundle of rights" in land, which may include such rights as camping, performing ceremony , etc. If native title

2625-400: Is skirted by Rosalind Park , a Victorian-style garden featuring statuary and a large blue stone viaduct . The main entrance corner of the park is on the intersection known as Charing Cross , formerly the intersection of two main tram lines (now only one). It features a large statue of Queen Victoria . The Charing Cross junction features the large and ornate Alexandra Fountain (1881) and

2730-644: Is the Midland Highway, the section running through the CBD is also known as Pall Mall , while the main shopping area is centred around Hargreaves Mall. The contiguous urban area of Bendigo covers roughly 82 km of the local government area's 3048 km . Generally the suburbs occupy the catchment of the Bendigo Creek and its tributaries. Bendigo has several suburbs, some of which (such as Eaglehawk) were once independent satellite townships and many that extend into

2835-516: Is the right to hunt, gather, teach and perform cultural activities and ceremonies, and allow the young people to connect with their land. In March 2023, 8578.35 kilometres along the coast of the Grey River in Victoria. The case was the first Native Title case heard in the state of Victoria for 10 years. At the Federal Court at Warnambool designated the land as native title rights. Native title concerns

2940-431: Is the set of rights, recognised by Australian law , held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of Mabo v Queensland (No 2) in 1992. The doctrine was subsequently implemented and modified via statute with

3045-523: The Native Title Act 1993 . The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title and sovereignty to the land by the Crown . Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over

3150-571: The Bendigo Box-Ironbark Region Important Bird Area , identified as such by BirdLife International because of its importance for swift parrots and other woodland birds. A dozen species of insect-eating bats and the pollinating grey-headed flying fox inhabit the area. Bendigo has a relatively dry temperate climate with warm, variable summers and cool winters. Under the Köppen-Geiger classification , it lies on

3255-471: The Coliban River . The architect William Charles Vahland (1828–1915) left an important mark on Bendigo during this period. He is credited with the popular cottage design known as a Vahland House. The cottage design that has vastly been customised shares a common theme of a central door, a sash window either side, a central hallway that runs the entire length of the house and verandahs ordained in iron lace,

Bendigo Creek - Misplaced Pages Continue

3360-591: The Federal Court of Australia recognised the native title rights of the Gurindji people to 5,000 square kilometres (1,900 sq mi) of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with

3465-456: The Fraser government as the Aboriginal Land Rights Act 1976 , which established a procedure to transfer almost 50 per cent of land in the Northern Territory (around 600,000 km2) to collective Aboriginal ownership. The Fraser government continued to implement many of the previous government's initiatives, under the description "self-management" rather than self-determination. In 1979, Paul Coe ,

3570-520: The Howard government . The amendments substantially restricted Native Title by narrowing the right to negotiate and extinguishing Native Title on most pastoral and mining leases granted before 1994. Yorta Yorta v Victoria , addressed a native title claim by the Yorta Yorta Aboriginal people of north central Victoria , which was dismissed by Justice Olney of the Federal Court in 1998. Appeals to

3675-500: The Jade Buddha for Universal Peace , the world's largest gem-quality jade Buddha statue. As of 2016 , Buddhism was followed by 1.4% of Bendigo people, and Islam by about 0.5%. In 2019, despite protests by several far-right and anti-Islam organisations, construction began on Bendigo's first mosque and Islamic community centre. The central area (CBD) of Bendigo consists of around 20 blocks of mixed-use area. The main street

3780-584: The Kimberley region, south of Broome . Land rights were recognised over 31,000 square kilometres (12,000 sq mi) of land (half the size of Tasmania) via an ILUA on 5 July 2011. In May 2004, following the passage of special legislation, South Australian Premier Mike Rann handed back title to 21,000 square kilometres of land to the Maralinga Tjarutja and Pila Nguru people. The land, 1,000 kilometres (620 mi) north-west of Adelaide and abutting

3885-653: The Mount Alexander North pastoral run and building a hut on the creek in the valley. The creek was just within the north-eastern boundary of the Mount Alexander North pastoral run. The location on Bendigo Creek where gold was alleged to have been first discovered in October 1851 was a short distance from that shepherd's hut. The occupants of the Mount Alexander North run, later called the Ravenswood run, named

3990-536: The National Native Title Tribunal . After the Mabo decision it was uncertain as to whether the granting of pastoral leases would extinguish native title. The Wik Decision in 1996 clarified the uncertainty. The court found that the statutory pastoral leases (which cover some 40% of the Australian land mass) under consideration by the court did not bestow rights of exclusive possession on the leaseholder. As

4095-526: The Native Title Act by the Australian Law Reform Commission reported that "Courts have indicated that native title is not to be understood in terms equivalent to common law property interests, but they often still tend to draw on these concepts... The prevailing view of the nature and content of native title is hybrid, drawing on traditional laws and customs for content, but also at times idiosyncratically adopting common law terms to describe

4200-522: The Native Title Act 1993 , is a body that applies the "registration test" to all new native title claimant applications, and undertakes future act mediation and arbitral functions. The Attorney-General's Department advises the Australian Government on legal and legal-policy regarding on native title, and assists the Attorney-General to administer the Native Title Act 1993 . According to

4305-663: The Northern Territory . Prime Minister Gough Whitlam introduced a new policy of Aboriginal self-determination , and initiatives such as the Aboriginal Land Fund and the National Aboriginal Consultative Committee was set up. The latter consisted of elected Aboriginal representatives, who would advise the Minister of Aboriginal Affairs. The Whitlam government introduced legislation later passed by

Bendigo Creek - Misplaced Pages Continue

4410-540: The Ravenswood run, earlier known as the Mount Alexander North run, in October 1851. The creek had been named "Bendigo Creek" after a local shepherd and employee of the Mount Alexander North run nicknamed for the English bare-knuckle prizefighter William Abednego "Bendigo" Thompson . The area was transformed in less than a year as tens of thousands of people arrived during the great gold rush in 1852. Widespread gold mining caused environmental devastation and permanent damage in

4515-704: The Supreme Court of the Northern Territory , Justice Richard Blackburn explicitly rejected the concept of native title, ruling against the claimants on a number of issues of law and fact. In the wake of Milirrpum and the election of the Whitlam government in 1972, the Aboriginal Land Rights Commission (also known as the Woodward Royal Commission) was established in 1973 to inquire into appropriate ways to recognise Aboriginal land rights in

4620-595: The Western Australia border, was then called the Unnamed Conservation Park. It is now known as Mamungari Conservation Park . It includes the Serpentine Lakes , and was the largest land return since 1984. At the 2004 ceremony Rann said the return of the land fulfilled a promise he made to Archie Barton in 1991 when he was Aboriginal Affairs Minister, after he passed legislation to return lands including

4725-548: The 1930s, as the city consolidated as a manufacturing and regional service centre, though gold mining continues. Recent growth has been most heavily concentrated in areas such as Epsom, Kangaroo Flat, Strathdale, and Strathfieldsaye. On 28 March 2013, the Dja Dja Wurrung people were formally recognised as the traditional owners for part of Central Victoria, including the land on which the City of Greater Bendigo sits. In 1994, under municipal reforms of Victoria's Kennett government ,

4830-619: The Attorney-General's Department: There are fundamental differences between land rights and native title . Land rights are rights created by the Australian , state or territory governments. Land rights usually consist of a grant of freehold or perpetual lease title to Indigenous Australians . By contrast, native title arises as a result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs . Native title

4935-643: The Bendigo Botanic Gardens. The Bendigo Creek Trail, for walkers and cyclists, follows the creek's course north-east from the Crusoe Reservoir past natural bush and historic landmarks to the Bendigo Pottery in Epsom. The creek descends nearly 200 metres over its 153-kilometre course before joining Mount Hope Creek, northeast of Mitiamo , at an elevation of 87.3 metres. Myers Creek, Reedy Creek and Piccaninny Creek flow into Bendigo Creek. Over many millennia,

5040-669: The City of Bendigo was abolished and merged with the Borough of Eaglehawk, the Huntly and Strathfieldsaye shires, and the Rural City of Marong to form the larger City of Greater Bendigo. The population of the city increased from around 78,000 in 1991 to about 100,617 in 2012. Bendigo is currently one of the fastest-growing regional centres in Victoria. The city is surrounded by components of the Greater Bendigo National Park , as well as

5145-532: The Crown; and rights over the land may range from access and usage rights to rights of exclusive possession. Native title rights and interests are based on laws and customs that pre-date the British acquisition of sovereignty; they are distinct from the rights granted by government such as statutory land rights of the kind found in the Land Rights Act . Native title rights and interests may exist over land and waters to

5250-569: The Federal Court to determine who may mediate a claim, whether that be the court itself, the Native Title Tribunal, or otherwise. Northern Territory v Mr Griffiths and Lorraine Jones was a 2018 High Court of Australia case, ruled in 2019, regarding land around Timber Creek, Northern Territory , involving a compensation claim by Ngaliwurru and Nungali lands surrounding Timber Creek. It related to various earlier cases since 1997. Described as "the most significant [case]… since Mabo ",

5355-507: The Federal Court, which may also order mediation by other agencies or persons. The purpose of mediation is to assist parties to clarify the issues in dispute, to explore options for settlement and to reach agreement. Mediation is a structured process, with the intention of a mutually agreed outcome rather than having a decision imposed by a judge. Alternative settlements (also termed "broader settlements" ) may be negotiated out of court, often being resolved more quickly and efficiently than via

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5460-574: The Full Bench of the Federal Court in 2001, and the High Court in 2002 were also dismissed. The determination by Justice Olney in 1998 ruled that the 'tide of history' had 'washed away' any real acknowledgement of traditional laws and any real observance of traditional customs by the applicants. The 2002 High Court decision adopted strict requirements of continuity of traditional laws and customs for native title claims to succeed. Ward v Western Australia (1998) addressed an application made on behalf of

5565-633: The High Court decided the Blue Mud Bay sea rights case , establishing a precedent for sea rights over an intertidal zone for the first time. The Yolngu people of Baniyala were involved in this case, which involved Blue Mud Bay in East Arnhem Land . In 2007 the Howard government passed the Native Title Amendment Act 2007 , and the Native Title Amendment (Technical Amendments) Act 2007,

5670-411: The High Court ruled for the first time on compensation for the extinguishment of native title in Australia. It is considered a "landmark" native title case, because the clauses contained within the Native Title Act 1993 pertaining to the determination of compensation payable due to the extinguishment of native title had never been heard before in the High Court. Yamatji Marlpa Aboriginal Corporation

5775-600: The Indigenous land use agreement or, in Victoria, a settlement under the Traditional Owner Settlement Act 2010 (TOSA). Alternative settlements agreements can be made alongside the Native Title Act , but usually the traditional owners are required to withdraw any existing native title claims. Such settlements can include any matters agreed to by all parties, which may included recognition of traditional owner rights, grants of freehold for specified purposes, or

5880-770: The Institute of Technology, and the Memorial Military Museum (1921), all in the Second Empire style. The architect William Vahland encouraged European artisans to emigrate to the Sandhurst goldfields and so create a "Vienna of the South". Bendigo's Sacred Heart Cathedral , a large sandstone church, is the third-largest cathedral in Australia and one of the largest cathedrals in the Southern Hemisphere . The main building

5985-510: The Miriuwung and Gajerrong people of the east Kimberly, over land in Western Australia and the Northern Territory. Justice Malcolm Lee of the Federal Court ruled in their favour in recognition of the native title. Western Australia appealed the decision to the Full Court of the Federal Court, then to the High Court. The High Court held in Western Australia v Ward that native title is

6090-444: The US case of Cherokee Nation v Georgia (1831) . However, the substantive issue of continuing land rights was not heard due to the lack of precision, vagueness and other serious deficiencies with the statement of claim presented to the court. Justice Gibbs said, at paragraph 21, 'The question what rights the aboriginal people of this country have, or ought to have, in the lands of Australia

6195-420: The alluvial gold ran out, extraction of quartz-based gold continued in deep shafts using industrial systems. Selection in the future county of Bendigo (created in 1869) commenced under the Land Act of 1865, with most settlement occurring around Sandhurst and Eaglehawk . Bendigo was declared a city in 1871. Rapid population growth brought a water shortage, partially solved with a new viaduct that harnessed

6300-455: The annual Groovin' the Moo music festival. It is held at the Bendigo Showgrounds and is usually held in late April or early May. The festival regularly sells out and brings many Australian and international acts to the city. It also attracts thousands of people from around Victoria to the city for the weekend. The Bendigo Blues and Roots Music Festival has been taking place each November since 2011. With over 80 artists from all over Australia,

6405-447: The area from a sheep station into one of colonial Australia's largest boomtowns . News of the finds intensified the Victorian gold rush , bringing an influx of migrants from around the world, particularly Europe and China. Bendigo became Eastern Australia's largest 19th-century gold-mining economy, and the wealth generated during this period is reflected today in the city's Victorian architectural heritage. From 1853 until 1891, Bendigo

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6510-493: The area of Bendigo, and although rare, the 2003 Bendigo tornado passed through Eaglehawk and other parts of the city, causing major damage to homes and businesses. Bendigo was in severe drought from 2006 to 2010, and during this time, the city had some of the harshest water restrictions in Australia, with no watering outside the household. Heavy rains from the middle to later months of 2010 filled most reservoirs to capacity and only wasteful water use (e.g. hosing down footpaths)

6615-541: The benefit of the church which, in 1897, enabled the construction of Sacred Heart Cathedral . Completed in 1977, it is the largest church building in provincial Australia. As of 2016, Catholicism is still practised by 22% of the population. In the 2016 census, 36.2% reported having "no religion". The Sandhurst Methodist Circuit (1854) serviced five Wesleyan churches which had been built in previous years. There were several church schools, but they were attended by one-fifteenth of Bendigo's school children. The Chinese, who in

6720-513: The city's annual rainfall of 510.0 millimetres (20.08 in) falls between June and September as cold fronts. Snowfalls are rare; however, sleet occurs and rain commonly falls at temperatures below 5 °C (41 °F) on account of the city's exposed location. Frosts are a common occurrence during the winter and spring, though hampered by the frequent cloud cover. A series of great floods occurred in Bendigo in 1859. Substantial flooding also occurred in 1903. Tornadoes have been seen around

6825-405: The city. One fatality from the fire occurred. Flash floods occurred across Bendigo during 2010, the first in March and the most severe at the beginning of September. The region also has had flooding events in October of 2022 and January of 2024. According to the 2016 census of population, 92,379 people were in Bendigo Urban Centre. According to the City of Greater Bendigo Community Profile,

6930-485: The continuing connection of Indigenous People to land, independent from a grant from the Crown. Native title would continue to exist as long as traditional laws and customs continue to be observed, unless the rights were otherwise extinguished by an incompatible grant by the Crown. Justice Gerard Brennan in this landmark decision stated: However, when the tide of history has washed away any real acknowledgment of traditional law and any real observance of traditional customs,

7035-568: The court dispassionately, lucidly and in proper form'. The South Australian Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 was introduced by Premier Don Dunstan in November 1978, several months prior to his resignation from Parliament. An amended bill, following extensive consultation, was passed by the Tonkin Liberal government in March 1981. This legislation gave significant rights well in advance of any other to date in Australia. In 1981, SA Premier Tonkin returned 102,650 square kilometres (39,630 sq mi) of land (10.2% of

7140-445: The court process under the Native Title Act . They can give traditional owner group recognition in areas where native title rights have been extinguished, or where it is difficult for a group to prove that it persists. Such agreements are resolved through negotiation, and recognition of traditional ownership and various other land rights in land may be achieved without an actual native title determination. Examples of such arrangements are

7245-409: The creek "Bendigo' Creek", originally spelled "Bednego Creek" after a local bullock driver and employee of the Mount Alexander North run. Although the bullock driver's actual name remains unknown, he "was handy with his fists" and was consequently nicknamed for the English bare-knuckle prizefighter William Abednego "Bendigo" Thompson (1811-1880) who was then at the height of his fame. The word "Bendigo"

7350-493: The decision of the High Court. The claimants reached an agreement about the claim area and a determination was made in 2003. "Exclusive possession native title was recognised over Lacrosse Island , Kanggurru Island, Aboriginal reserves within the Kununurra townsite, Glen Hill pastoral lease and Hagan Island. Non-exclusive rights were recognised over a number of areas including islands in Lake Argyle." Yarmirr v Northern Territory (2001), addressed an application made on behalf of

7455-455: The district, decimating and displacing the Dja Dja Wurrung and destroying the infrastructure they created over generations to maximise seasonal drainage patterns; the channels and weirs they built out of timber stakes, to slow receding summer flows, were wrecked; water holes where the people gathered in smaller groups during periods of scarce rainfall and from which they transported water in skin bags when moving, were muddied, polluted and drained;

7560-481: The extent that they are consistent with other rights established over the land by law or executive action. According to the National Native Title Tribunal (2013): "The native title rights and interests held by particular Aboriginal people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to

7665-464: The first of many vast sheep runs in 1837. The Djadjawurrung peoples experienced two waves of settlement and dispossession: from the south from 1837 and from the north from 1845. The marked decrease in Dja Dja Wurrung population was also due to the arrival of non-indigenous animals; they use their noses to ‘root up’ the nutritious moon-nar tuber (yam daisy); after just a year it was noticed the plant

7770-418: The flow of the Bendigo Creek formed the Bendigo Valley , the site of the present city of Bendigo. The first European settlers, who arrived in 1837 after the survey of the area in 1836 by Major Sir Thomas Mitchell , used the Bendigo Valley for their working bullocks as the valley was "wide, gentle, well-grassed and secluded". Later the settlers brought sheep to the creek valley, making it an outstation of

7875-523: The foundation of native title has disappeared. Thus although over some parts of Australia native title has been lost, in large areas of the nation's interior, native title could be recognised. As Justice Brennan stated in Mabo (No. 2) , "native title has its origin and is given its content by the traditional laws acknowledged by and the customs observed by the Aboriginal inhabitants of a territory". One year after

7980-584: The gaol. The venue hosts performing arts and live music. It also acts as a ceremonial and teaching space for local secondary schools and universities. The city hosts the Bendigo National Swap Meet for car parts every year in early November. It is regarded as the biggest in the Southern Hemisphere and attracts people from all over Australia and the world. The city hosts the Victorian leg of

8085-423: The interaction of two systems of law: Native title is the term adopted in Australian law to describe the rights to land and waters possessed by Indigenous Australians under their customary laws that are recognised by the Australian legal system. Native title is able to be possessed by a community or individual depending on the content of the traditional laws and customs; it is inalienable other than by surrender to

8190-469: The land "at least since European settlement and probably for millennia". The court sitting took place nearly 800 kilometres (500 mi) south of Darwin, and descendants of Vincent Lingiari and others involved in the Wave Hill walk-off celebrated the determination. The owners will participate in the mining negotiations and exploration work, from which royalties may flow in the future, but just as important

8295-599: The land mass, as well as about 5,435 km (2,098 sq mi) of sea. Native title in Australia frequently involves mediation between native title parties and other groups with an interest in native title, such as the Australian Government, state and territory governments, miners and pastoralists. Amendments to the NTA made in 2012 meant that the NNTT would henceforth only conduct native title claim mediation by referral from

8400-528: The mid-19th century constituted 20% of Bendigo's population, built the heritage-listed Bendigo Joss House Temple dedicated to Kwan Tai or Lord Guan , where they practised syncretic beliefs involving ancestor worship and the three main religions of China: Buddhism , Taoism and Confucianism . Bendigo is also home to the largest stūpa in the Western world, the Great Stupa of Universal Compassion , which houses

8505-513: The nature or character of the rights". It is a complex area of law. The Act continues to be reviewed and amended. The National Native Title Register (NNTR), maintained by the NNTT, is a register of approved native title determinations. A determination can be that native title does or does not exist. As part of the determination of native title, native title groups are required to nominate a Native Title Prescribed Body Corporate to hold (as trustee) or manage (as agent) their native title. Following

8610-510: The not-for-profit festival is hosted in many of the venues around Bendigo, and is headlined by a large, family-friendly, free concert held in Rosalind Park . The Bendigo Easter Festival is held each year and attracts tens of thousands of tourists to the city over the Easter long weekend. Attractions include parades, exhibitions, and a street carnival. Traditional owners Native title

8715-459: The population estimate for 2019 for this area was 118,093 (0.39 persons per hectare ). In the 19th century, Catholicism was the predominant Christian tradition in Bendigo. Catholic priest and pioneer George Henry Backhaus established a site in 1852 for the first Masses at Golden Square and, by the end of the year, he was camping at the site of Bendigo's first church, St Kilian's Church, completed in 1858. A wealthy man, Backhaus left his estate for

8820-525: The recognition of the legal concept of native title in Mabo , the Keating government formalised the recognition by legislation with the enactment by the Australian Parliament of the Native Title Act 1993 . The Act attempted to clarify the legal position of landholders and the processes to be followed for native title to be claimed, protected and recognised through the courts. The Act also established

8925-463: The region's proximity to Melbourne, Bendigo has become one of the fastest-growing regional centres in Victoria. The traditional owners of the Mount Alexander , traditionally named Leanganook, area that includes Greater Bendigo , are the Dja Dja Wurrung (Djaara) people. They exploited the rich local hunting grounds from which they were displaced by the arrival by white settlers , who established

9030-650: The rejection of native title in Milirrpum v Nabalco was overruled by the High Court in Mabo v Queensland (No 2) , which recognised the Meriam people of Murray Island (Mer) in the Torres Strait as native title holders over part of their traditional lands. The Court rejected the notion that all Indigenous rights to land were abolished upon acquisition of sovereignty over Australia. The Court held that native title rights continued to exist, and that these rights existed by virtue of

9135-662: The rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor... The source of native title is the system of traditional laws and customs of the native title holders themselves." Native title rights and interests may include the right to live in an area or to access it for traditional purposes; to visit and protect sacred sites; to hunt, fish or gather resources; or to teach law and custom. Exclusive possession can only be recognised over certain parts of Australia, such as vacant Crown land , or areas already held by Indigenous Australians. A 2015 review of

9240-600: The sacred Ooldea area (which also included the site of Daisy Bates ' mission camp) to the Maralinga Tjarutja people. The Maralinga Tjarutja lands now total 102,863 square kilometres. The Aboriginal peoples of the Wimmera region of Western Victoria won recognition of their native title on 13 December 2005 after a ten-year legal process commenced in 1995 when they filed an application for a determination of native title in respect of certain land and waters in Western Victoria. It

9345-409: The same land. The Federal Court of Australia arranges mediation in relation to claims made by Aboriginal and Torres Strait Islander peoples, and hears applications for, and makes, native title determinations. Appeals against these determinations can be made to a full sitting of the Federal Court and then to the High Court of Australia . The National Native Title Tribunal (NNTT), established under

9450-470: The sea and sea-bed; however common law rights of fishing and navigation mean that only non-exclusive native title can exist over the sea. The decision paved the way for other native title applications involving waters to proceed. Nangkiriny v State of Western Australia (2002 & 2004), in which John Dudu Nangkiriny and others were plaintiffs, were cases addressing the claims of the Karajarri people in

9555-463: The soaks they had dug between banks into sandy sediment to tap into the water table were likewise obliterated. Some of their waterholes in rock platforms of creeks that they found or enlarged, then covered with slabs to protect them from animals, may still remain, unidentified. Gold was officially discovered in the area in October 1851, just after the other significant goldfields in neighbouring Castlemaine , from where many diggers migrated, bringing

9660-523: The state's land area) to the Pitjantjara and Yankunytjatjara people. However, it did not give the people the power of veto over mining activities; any disputes would need to be resolved by an independent arbitrator. In 1984 Premier John Bannon 's Labor government passed legislation to return lands to the Maralinga Tjarutja people. The legislation was proclaimed in January 1985 and was followed by

9765-758: The surrounding bushland. As a legacy of the gold boom, Bendigo has many ornate buildings built in a late Victorian colonial style. Many buildings are on the Victorian Heritage Register and registered by the National Trust of Australia . Prominent buildings include the Bendigo Town Hall (1859, 1883–85), the Old Post Office , the Bendigo Law Courts (1892–96), the Shamrock Hotel (1897),

9870-460: The tawny frogmouth, and though not native to the area, a colony of endangered grey-headed flying foxes ( Pteropus poliocephalus ). The Bendigo Art Gallery is one of Australia's oldest and largest regional art galleries. In March 2012, it hosted a royal visit from Princess Charlene of Monaco at the opening of an exhibition about Grace Kelly . The Capital Theatre , originally the Masonic temple,

9975-493: The total population to 40,000 in less than a year. Many of these diggers were Chinese and their descendants still live in the region. During 1852, under the direction of Surveyor General of Victoria , Robert Hoddle , William Swan Urquhart was making a general survey of Mount Alexander and the surrounding ranges, and of the goldfields, and fixed the site of the township of 'Sandhurst', now Bendigo. On 13 July 1852 Hoddle passed on to Urquhart Lieutenant-Governor La Trobe's request for

10080-662: Was "void and of no effect as against the rights of the Crown" and declared any person on "vacant land of the Crown" without authorization from the Crown to be trespassing. The proclamation was approved by the Colonial Office. The official objection to the Treaty was that Batman had attempted to negotiate directly with the Aboriginal people, whom the British did not recognise as having any claim to any lands in Australia. In 1971, in Milirrpum v Nabalco Pty Ltd (the "Gove land rights case") in

10185-608: Was 45.4 °C (113.7 °F), during the 2009 southeastern Australia heat wave . There is also a disputed recording of 47.4 °C (117.3 °F) (on 14 January 1862). Summers are also subject to cold weather: on 2 February 2005, the maximum temperature did not exceed 11.5 °C (52.7 °F) all day. The mean minimum temperature in July is 2.7 °C (36.9 °F) and winter minima below 0 °C (32 °F) are recorded on 26.1 nights per year on average. Mean maximum winter temperatures in July are 12.7 °C (54.9 °F). Most of

10290-455: Was acquired by brothers Stewart and Robert Gibson in 1848, with Frederick Fenton later replacing one of the Gibson brothers. After the discovery of gold in 1851, Fenton sold provisions to the miners and agisted their horses. Becoming the sole owner of the Ravenswood run in 1857, Fenton built its substantial homestead. Gold was officially discovered on Bendigo Creek at the north-eastern boundary of

10395-556: Was already taking place. His plan General Survey of the Bendigo Goldfields showing the proposed reserves for townships. Drawn by W.S. Urquhart, Melbourne, November 1852 recommended sites for national schools, churches, markets and other public purposes reserved from sale. In 1853, a massive protest called The Red Ribbon Rebellion was held over the cost of the licence fee for prospectors, though it passed off peacefully, due to good diplomacy by police and miners' leaders. From being

10500-490: Was becoming scarce. Squatters in the area included: Donald Campbell at Bullock Creek in Ravenswood ; J & R Bakewell to the north of Bendigo; Heap & Gryce to the north-west; Archibald McDougall to the west; Joseph Raleigh and James Robinson along the Campaspe River to the south; and Thomas, Jones, and William Barnett to the east. The Ravenswood "Mount Alexander North run", occupied from c.1840 by Donald Campbell,

10605-468: Was completed between 1896 and 1908 and the spire between 1954 and 1977. Fortuna Villa is a large surviving Victorian mansion, built for Christopher Ballerstedt and later owned by George Lansell. Many other examples of Bendigo's classical architecture rank amongst the finest classical commercial buildings in Australia and include the Colonial Bank building (1887) and the former Masonic Hall (1873–74), which

10710-723: Was involved in a large native title claim from 1996, based on the Native Title Act 1993 , resulting in an historic determination in February 2020, involving both native title and an ILUA, covering an area of 48,000 square kilometres (19,000 sq mi) in Western Australia. A claim was lodged in 2016 by the Central Land Council on behalf of the Gurindji peoples in the area, as there were mining interests in area covered by Wave Hill Station 's pastoral lease. On 8 September 2020,

10815-517: Was officially named Sandhurst. Bendigo's boom period lasted until the early 20th century and after a temporary decline in population and employment, renewed growth occurred from the 1930s as the city consolidated as a manufacturing and regional service centre. Although gold mining continues, recent population growth has been most heavily concentrated in suburban areas. With the completion of the Calder Freeway linking Melbourne and Bendigo in 2009, and

10920-521: Was the first judgment recognising native title over a capital city and its surroundings. The claim area itself is part of a much larger area included in the "Single Noongar Claim", covering the south-western corner of Western Australia. An appeal was subsequently lodged and in 2008 the Full Court of the Federal Court upheld parts of the appeal by the Western Australian and Commonwealth governments against Justice Wilcox's judgment. The 2008 decision by

11025-622: Was the first successful native title claim in south-eastern Australia and in Victoria, determined by Justice Ron Merkel involving Wotjobaluk, Jaadwa, Jadawadjali , Wergaia and Jupagalk people. In his reasons for judgment Justice Merkel explained the significance of his orders: In 2005 the Federal Court brought down a judgment recognising the native title of the Noongar people over the Perth metropolitan area. Justice Wilcox found that native title continues to exist within an area in and around Perth. It

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