The Yarra River Protection Act: a step towards implementing the UN Declaration on the Rights of Indigenous Peoples?

Abstract

This article analyses the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 (Vic) (‘YRPA’) to determine whether the Act is a step towards implementing the UN Declaration on the Rights of Indigenous Peoples (‘UNDRIP’) in Victoria (Australia) by incorporating Traditional Owners’ independent advisory roles, the Woi-wurrung language and Indigenous aspirations as part of the Birrarung’s (Yarra River’s) management. This article first outlines the Traditional Owners’ custodianship of the Birrarung, the river’s colonial governance, and the community movement that led to the enactment of the YRPA. Particular attention is then given to the Act’s preamble, the Birrarung Council sections, the Yarra protection principles and the Yarra Strategic Plan. Australia’s obligations under, and the significant legal weight of, UNDRIP are highlighted before considering the YRPA from a UNDRIP perspective. While the YRPA does not formally and adequately implement UNDRIP, the Act represents an essential first step in acknowledging Indigenous Peoples’ rights and aspirations in water resource management in Victoria. Notwithstanding the urgent need to formally and meaningfully implement UNDRIP across Australia, Victoria’s legislation signals a sense of positive change. The author hopes this article facilitates a deeper discussion and self-reflection on Australia’s and civil society’s obligations to implement and uphold UNDRIP.