A significant legal triumph by a Wadi Wadi man has led to the immediate halt of a contentious floodplain restoration project in Victoria's north-west. The state government has conceded its failure to adequately consult with traditional owners regarding potential impacts on Aboriginal cultural heritage, prompting a crucial pause in all related works.

Vince Kirby initiated legal action in the Supreme Court, challenging the handling of the Nyah section of the Victorian Murray Floodplain Restoration Project (VMFRP). His argument, asserting that the risks of harm to Aboriginal cultural heritage were not properly assessed, proved successful. The case concluded with the Secretary of the Department of Premier and Cabinet and water authority Lower Murray Water acknowledging that traditional owners were not sufficiently consulted before the approval of the Nyah Cultural Heritage Management Plan (CHMP).

Consultation Failures Admitted

As a direct consequence of this admission, the government conceded that the plan was approved 'in error', leading to the indefinite suspension of all works on the floodplain. Mr. Kirby expressed profound relief and hope that this decision would safeguard sites deeply significant to his family's heritage, places where his grandmother grew up and where he now brings his grandchildren.

“I’m glad the government has admitted it got this wrong,” Mr. Kirby stated, highlighting the frustration of the extensive legal process. “But we shouldn’t have had to go all the way to the Supreme Court just to make the government follow its own laws and listen to traditional owners.”

A Cultural Heritage Management Plan (CHMP) is a vital document designed to identify and assess cultural heritage within a proposed work area, outlining strategies for its management and protection. Following the court's decision, a new CHMP must now be submitted and officially approved before any further work can commence at the Nyah floodplain site.

Broader Implications Along the Murray

The VMFRP is an ambitious initiative aiming to restore natural water flows to nine high-value floodplains situated along the Murray River, including the Nyah site. Mr. Kirby emphasised that genuine consultation cannot be rushed and that traditional owner knowledge must be central to decisions affecting their ancestral lands.

The legal advocacy group Environmental Justice Australia, representing Mr. Kirby, has since launched a second challenge against another section of the flood restoration program, focusing on the Vinifera CHMP. Mr. Kirby argues that similar failures in assessing Aboriginal Cultural Heritage have occurred there, with this matter currently progressing through the Supreme Court.

“It’s not just about Nyah; the same thing’s happening up and down the Murray,” Mr. Kirby explained, underscoring the widespread nature of the issue. “My brothers and I want our Wadi Wadi Country, our waterways and wetlands, respected and cared for properly, so we can pass them on to our kids and great grandkids.”

Mera Sivanesan, a lawyer with Environmental Justice Australia, underscored the powerful message conveyed by the court's outcome. “Vince’s concern was that his Aboriginal cultural heritage hadn’t been identified properly, hadn’t been assessed and, therefore, would not be protected by the plan itself,” she noted. “It is incredibly frustrating that it has taken an individual owner like Vince, at substantial risk to himself, to force the Victorian government to do its job. This sends a really strong message that these plans need to be done properly in order to ensure that cultural heritage is going to be protected and that the government should be following its own laws when it comes to assessing these things.”

Government Response and Ongoing Protest

A spokesperson for the Victorian government confirmed that the Department of Premier and Cabinet is now reviewing the CHMP and will engage in consultations with relevant traditional owner groups. The spokesperson reiterated the government's commitment to the VMFRP, stating, “Healthy floodplains are important to a healthy Murray River, which is why we’re working on the Victorian Murray Floodplain Restoration Project to restore significant wetlands and strengthen the river system for generations.”

Lower Murray Water also issued a statement, respecting the court's decision and committing to work collaboratively with all parties to ensure the successful delivery of the Nyah project. Meanwhile, the protest group Friends of Nyah-Vinifera Park (FONVP), which has maintained a continuous encampment near the river since May to oppose the flood works, welcomed Mr. Kirby's legal victory. FONVP chair Nicole McKay expressed her group's delight, describing the decision as a step towards justice and an opportunity for local voices to finally be heard regarding construction in a protected natural environment. The group has no plans to cease their protest, holding out hope that the Vinifera works will also be paused.