Who has rights to this land, anyway?
Part of the deal sought by Village Roadshow is for a 99 year lease on this land - exclusive use of the land and presumably whatever it contains, including flora, fauna and infrastructure. It may include items of historical and cultural significance.
The area being pursued ( what is now known as Werribee Park) was originally inhabited by the Kurung Jang Balluk clan of the
Wurundjeri People.No representatives of that clan are known to be alive now, meaning that there are no First Australians with a direct and current association with this area.
The Werribee river (Wirribi Yaluk) has cultural significance to first Australians of this region. Descendants of the original peoples are re-establishing their cultural and spiritual links through engagement with park management initiatives. Werribee Zoo itself has had a close relationship with local clans and shows evidence of collaboration throughout.
This area for many years was used by the Chirnsides farming/ agriculture, was sold to the Victorian Government in the 1800's, sold to the Catholic Church after the 1st World War, who sold it back to the State Government in the 1970's.
The land has since been managed by
Parks Victoria on behalf of the Victorian Government, with the inclusion of the Zoological Gardens.
This history raises some questions about who has rights to this land :
Should Native Title be considered? Although the land had been used solely by settlers from the 1850's, can this realistically or fairly be an argument invalidating any consideration of cultural attachment?
There are a couple of vague mutterings that I have heard about the Catholic Church selling the land to the Government that make me wonder about their right to negotiate this Village Roadshow debacle - One, that the church sold it to the Victorian Government with the express intent that it be for the benefit of the Victorian people - and
Two - whether there is a covenant on the deed - if there's not would it make a difference?