VICTORIA, AUSTRALIA (October 20, 2026) Wadi Wadi Traditional Owner Vince Kirby has successfully secured a second legal victory challenging cultural heritage approvals for major engineering works on the Murray River floodplain, marking a significant milestone in protecting Aboriginal cultural heritage and environmental conservation on Country.
Background: Two Consecutive Legal Victories
The Victorian Supreme Court has ordered that the Cultural Heritage Management Plan (CHMP) approval for the Vinifera artificial floodplain engineering project be set aside. This decision comes just months after Kirby’s successful challenge to a related project downstream at Nyah, where a similar cultural heritage approval was also set aside after the Victorian government conceded that Traditional Owners had not been properly consulted.
In both instances, the Victorian government acknowledged that approvals were made in error due to inadequate consultation with Traditional Owners during the assessment process. During the Vinifera consultation, Traditional Owners were given only a 14-day window to respond to the proposal.
Project Details
The Vinifera and Nyah projects are part of a broader Murray-Darling Basin “water offset” scheme involving major infrastructure works on Wadi Wadi Country. The proposals include clearing floodplain forests to install levees, pumps, and regulators designed to divert water to select floodplains.
The projects are proposed by Lower Murray Water on behalf of the Victorian government and are federally funded. Together, they represent significant engineering interventions in ecologically sensitive areas along the Murray River in Victoria.
What the Legal Wins Mean
These victories do not necessarily stop the projects permanently. However, they mean:
- The existing cultural heritage approvals cannot stand
- Any future decisions must be made lawfully and anew
- Traditional Owners have another opportunity to have their voices, knowledge, and cultural heritage properly considered before decisions affecting Wadi Wadi Country are made
“The river can’t survive without its floodplains, and the floodplains can’t survive without the river. Our people have understood that connection and cared for these places for thousands of years,” said Vince Kirby.
“Floodplains, wetlands, lakes and creeks are part of the river’s natural filtering system. You can’t treat them as separate from the river. Whole intricate ecosystems are working in harmony here and have been for thousands of years.”
Broader Implications
Environmental Justice Australia lawyer Mera Sivanesan noted that this marks the second time in three months the Victorian Government has conceded it got a cultural heritage approval wrong.
“Without Vince’s challenges, the Nyah and Vinifera projects could have proceeded under unlawfully approved plans, putting irreplaceable Wadi Wadi cultural heritage at risk of harm, or worse, destruction. Two plans have been challenged, and both approvals were made in error. That raises serious questions about other cultural heritage approvals made by the Victorian government, including those made for the Murray floodplain projects.”
What happens next?
Kirby and his community will continue monitoring developments closely. These wins underscore the ongoing necessity for governments to engage meaningfully with Traditional Owners from the outset of major infrastructure projects.
“My brothers and I want our Wadi Wadi Country, waterways and wetlands cared for properly so we can pass them on to our kids and great grandkids. If our Country, wetlands and floodplains aren’t respected, then we will have to go to court.”
“We shouldn’t have to keep going to court to make sure our cultural heritage is properly protected, and Traditional Owners are genuinely listened to. Our knowledge of Country should be part of these decisions from the beginning,” Kirby added.
Legal Representation:
Vince Kirby was represented in court by public interest lawyers at Enviro Justice, a public interest legal organisation for a radically better world.
They use the law to take on the biggest environmental justice challenges in this country and run landmark court cases, high-stakes legal interventions and bold advocacy campaigns.
Check out their work here and consider supporting what they do: https://envirojustice.org.au/legal-work
Main photo by https://unsplash.com/@zacedmo
Photo of Vince Kirby at Nyah-Vinifera park by Mitchell Barkman https://www.mitchellbarkmanvideography.com
Further reading: https://www.abc.net.au/news/2026-07-17/nyah-vinifera-floodplain-restoration-project-water-first-nations/106917364
This website is a collection of some of the amazing work, wonderful people and fabulous projects that are happening in Australia, right now, when it comes to all things Environment related.
Leave a Reply