THE Victorian Department of Premier and Cabinet has responded to recent concerns surrounding a secret deal with 10 Victorian local government councils including Southern Grampians Shire with an Indigenous council, saying it would have “no impact on current council laws and regulations”.

The department said the Recognition and Settlement Agreement (RSA) was not directly with the councils and only placed the State Government in a position of obligation to traditional owners in respect of aspirational goals including a Local Government Engagement Strategy.

The Spectator recently published comments from Western Victoria MP, Bev McArthur where she claimed the agreement would mean councils would have to give “preferential treatment” for a broad range of council activities.

Lowan MP, Emma Kealy also weighed into the debate with a statement claiming regional Victorians “have been blindsided” and said it “would give Indigenous groups a range of sweeping powers”.

The statement claimed the Indigenous groups could have the power to co-manage waterways and biosecurity, as well as procurement contracts and jobs, and even rename all roads, bridges, and public spaces, but the government denied this.

The department’s response wanted to allay fears by giving background to the agreement:

In October 2022 the Barengi Gadjin Land Council (BGLC), acting on behalf of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk People of the Wotjobaluk Nations (WJJWJ People), signed a Recognition and Settlement Agreement (RSA) with the Victorian Government under the Traditional Owner Settlement Act 2010 (Vic) (The Act).

The Victorian Traditional Owner Settlement Act 2010 provides for an out-of-court settlement of native title.

The Act allows the Victorian Government to recognise traditional owners and certain rights in Crown land.

A Public Notification was placed in thirteen publications across the Wimmera region in early March to notify local communities and the public of the agreement.

The “expanded settlement package” was signed by Victorian Attorney-General Jaclyn Symes with the WJJWJ, but some councils have claimed the agreement goes as far as meaning they could no longer name roads and enable groups to halt a range of activities and demand money for consultations.

Ms McArthur also drew a comparison with the recent Western Australia Aboriginal Heritage Act, which she claimed “strips away the autonomy of WA farmers”, but the government claimed its scope was limited: “local councils are not a party to this agreement, which is between the Victorian Government and Traditional Owners.”

Ms Kealy criticised the government’s approach and claimed it was being done by stealth.

“Labor has done a sneaky deal to make a treaty settlement in the lead up to the 2022 state election, before the treaty negotiation process itself has even been finalised,” she said.

The agreement covers an area half the size of Tasmania and Ms Kealy said the government “snubbed the affected councils by not including them in the negotiations”.

“The proposed changes are rumoured as far as changing local street and location names, but we simply don’t know as Labor has kept this a secret from the community.” she said.

“There are deep concerns that this secret deal will have an impact on land and water entitlements to local people.”

Ms Kealy said the land council must be consulted on everything and the State Government should pay for that consultation.

“Everybody involved in this process must be consulted and this must be done in an open and transparent way,” she said.

The Department of Premier and Cabinet responded to several further questions from The Spectator about the transparency of the process and said an implementation workshop was held by them and BGLC on June 23 at the Horsham Town Hall, attended by CEOs or their delegates from all ten local councils in the WJJWJ agreement area.

The intent was as an introduction to the BGLC agreement and outlined the Local Government Engagement Strategy workstream.

Local Government representatives also provided an update on their relationships with BGLC.

A day earlier, BGLC had hosted a cultural tour of places on WJJWJ Country, including the Ebenezer Mission site, Pink Lake and Dalki Garringa Native Nursery.

It was claimed all ten local councils in the WJJWJ agreement area were invited to attend the tour and most councils had staff present.

The Victorian Government said it was continuing to establish opportunities for regular engagement with mayors, CEOs and Councillors in relation to the Local Government Engagement Strategy.

The response from the department reiterated there was “no obligation for local councils to rename roads, bridges or public spaces under the Agreement. The strategy does contain an aspiration that local councils engage BGLC to recommend WJJWJ names for new local roads, bridges and public spaces in the agreement area, and existing local roads, bridges and public spaces on WJJWJ land.”

 The Spectator also asked about a 10 per cent target mentioned on one of the documents for WJJWJ contractors that state agencies must report compliance to the Secretary of the Department of Justice and Community Safety.

The department said “the Victorian Government has committed to a target of 10 per cent of procurement spending with external suppliers to be provided to BGLC suppliers for natural resource management work in the agreement area. The agreement includes an aspiration that local governments consider adopting that same target. However, councils are not obligated to follow the state’s natural resource management procurement strategy.”

The department also said, “the agreement also does not include any recommendations or obligations for local councils to incorporate Heritage Advisors into council processes”.

Ms Kealy expressed doubts about the government’s track record on the agreement, calling it “sly secrecy” and said it had “caused angst and division within the impacted communities”.

“The Andrews Labor Government has snubbed the affected councils by not including them in the negotiations, which is just another example of the government’s dishonesty,” she said.

The WJJWJ People’s Recognition and Settlement Agreement is available at bit.ly/3OQFjpS