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Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
75
Roads: Equitable expenditure and consideration of impacts
That Aboriginal communities be given equitable access to ongoing expenditure by the Commonwealth, State and Territory, and local authorities on roads. In addition, where new roads or changes to existing roads are proposed, it is recommended that no development should take place until the impact on Aboriginal land and the possible impact on Aboriginal communities that public access may have are established in consultation with those communities likely to be affected by the development proposal.
Although investment might not go straight to Aboriginal communities, there are ways for meaningful engagement through the TOSA, the Heritage Act and Native Title through Cultural Heritage Management Plans and otherwise, for people to be remunerated appropriately for that.
Aboriginal Justice Caucus Assessment
Recommendation 75 intended for governments to provide Aboriginal communities equitable access to ongoing roads expenditure and consult on the likely impacts of road developments.
The Department of Transport and Planning (DTP) engages with Traditional Owners on road projects as required under relevant legislation, including the Native Title Act 1993 (Cth), Aboriginal Heritage Act 2006 (Vic), and Traditional Owner Settlement Act 2010 (Vic).
Through the Traditional Owner Settlement Act (TOSA), the Aboriginal Cultural Heritage Act and Native Title, the Department are bound to work with our people. Although investment might not go straight to Aboriginal communities, there are ways for meaningful engagement through the TOSA, the Heritage Act and Native Title through Cultural Heritage Management Plans and otherwise, for people to be remunerated appropriately for that. (Ebony Hickey, Chairperson, Barwon South West RAJAC and Deputy Chairperson, Eastern Maar Aboriginal Corporation).
Additionally, DTP committed to meaningful engagement beyond compliance through the Wurrek-al: Talking with Purpose First Peoples Engagement Framework. Partnership agreements with Registered Aboriginal Parties and Traditional Owner groups have been initiated by DTP, with one finalised and discussions underway with six others.
The State will identify land that’s surplus to their needs to look at handing it back to the Registered Aboriginal Parties, recognised Aboriginal groups, or Native Title holders depending on what region it’s in. Lots of that will be roadways, road culverts, paths, drains, pipeage, infrastructure that's been attached for roads or previous road use, the decommissioning of old highways and old roadways back into environmental spaces. It's not all done right, but there is the potential for it to be done right. Other than the Western Highway, the state has been pretty forthcoming with lots of that work. (Ebony Hickey, Chairperson, Barwon South West RAJAC and Deputy Chairperson, Eastern Maar Aboriginal Corporation).
The engagement framework and partnership agreements with Traditional Owner groups formalise protocols for consultation and collaboration on road developments. However, no evidence was found of outcomes related to equitable access to ongoing road expenditure by Commonwealth, State or local authorities.
Priority for Further Work:
High
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) highlighted the need for more accessible and appropriate funding for Aboriginal and Torres Strait Islander communities that are outside formal local government structures. The Commission also emphasised the importance of respecting and incorporating Aboriginal and Torres Strait Islander values relating to land and the natural environment in development processes.
Actions Taken Since Last Review
Department of Transport and Planning
In their 2024 response, the Department of Transport and Planning (DTP) noted their engagement with Traditional Owners on road projects as required under the Native Title Act 1993 (Cth), Aboriginal Heritage Act 2006 (Vic) and Traditional Owner Settlement Act 2010 (Vic). However, DTP committed to going beyond compliance by fostering meaningful engagement with Aboriginal communities through the Wurrek-al: Talking with Purpose First Peoples Engagement Framework. This framework guides DTP’s efforts to align its projects and services with the aspirations of First Peoples. Additionally, DTP is developing partnership agreements with Registered Aboriginal Parties and Traditional Owner groups to formalise engagement protocols, with one agreement finalised and discussions underway with six more groups.
Impact
Outputs
The engagement framework and partnership agreements with Traditional Owner groups, which formalise protocols for consultation and collaboration.
Outcomes
We could not find any recent evidence of Aboriginal communities being given roads funding apart from a 1994 Implementation Report indicating some funds were set aside for Aboriginal communities like Lake Tyers and Framlingham.
In terms of the consistency and quality of consultation with Traditional Owners in relation to the impacts of proposed roads, there are examples of where their needs and expectations have been met and other, well publicised projects, where this was not the case.
Investigation into the planning and delivery of the Western Highway duplication project
In this investigation the Victorian Ombudsman confirmed the situation was complicated:
The impact of the project on Aboriginal cultural heritage was recognised as a key issue when planning began in 2008. Consultation did take place, on numerous occasions, with the Registered Aboriginal Parties for the area, though some people have disputed that those consulted were properly representative of the Djab Wurrung peoples.
While consultation with local residents and landholders was extensive, consultation with Aboriginal communities was limited to the officially recognised body. This complied with legislation, and underlines the statutory importance rightly given to Registered Aboriginal Parties. But given the history of dispossession of the Djab Wurrung, was this good enough? . . .
Eastern Maar has now indicated it is satisfied that Aboriginal cultural heritage impacted by the project will be adequately protected. This outcome also enjoys the support of the Victorian Aboriginal Heritage Council. But it is not supported by many others.
Community Views
Oral submissions to the Victorian Ombudsman investigation
It connects all our mob, through that one dreaming and one songline. […] [The highway duplication works] will take out part of our dreaming.
We’re holding on to the last of what’s left.
You can’t separate the land from the tree, or the tree from the land. […] It’s still going to go through and take out a part of sacred Country.
Aboriginal artefacts found at VicRoads' Calder Highway project site
The Dja Dja Wurrung corporation followed a cultural heritage management plan in partnership with VicRoads, which involved undertaking a heritage survey before the project started in April 2015. Aboriginal artefacts were found on the proposed site of the VicRoads Ravenswood Interchange project in central Victoria, along with three scar trees that, through an arrangement with Bendigo Council, were preserved and displayed.
At the end of the day, we want to put back what we take out of the ground, that's our belief system. . .
In terms of us as people we really value our culture. It's important that we do keep them and preserve them as much as we can.
Sometimes unfortunately they are lost. It's just the nature of the beast, but at all times we try and preserve them and relocate them if we can.
(Trent Nelson, then Chairman, Dja Dja Wurrung Clans Aboriginal Corporation)
It’s challenging to determine when the cultural significance of a find outweighs a development.
It's extremely difficult ... it's so hard to qualify just blanketly.
(Rodney Carter, CEO, Dja Dja Wurrung Clans Aboriginal Corporation)