Court Pauses Victoria Flood Project Over Indigenous Consultation

Vince Kirby, a Wadi Wadi traditional owner, won a Supreme Court challenge that halted flood plain restoration work in Nyah, Victoria, after demonstrating the Victorian government failed to properly consult with traditional owners. The government and Lower Murray Water conceded they had not adequately assessed risks to Aboriginal cultural heritage before approving the Nyah Cultural Heritage Management Plan (CHMP). As a result, the approval for the plan was revoked and all work on the Nyah portion of the Victorian Murray Floodplain Restoration Project (VMFRP) has paused.

The VMFRP aims to restore water to floodplains along the Murray River, but Mr. Kirby and his legal team at Environment Justice Australia argue proper consultation with traditional owners was lacking. They have since launched a second legal challenge regarding the Vinifera portion of the project.

The court’s decision underscores the importance of adhering to legal requirements for assessing and protecting Aboriginal cultural heritage. Protest group Friends of Nyah-Vinifera Park has been camped at the site for over 50 days and celebrated the win, hoping it will extend to the Vinifera section of the project.