Frontier History in Colonial Early Victoria
Introduction
The Crown forms the foundation of Australia’s colonial and legal framework—an enduring authority through which sovereignty was claimed, land was governed, and ownership was redefined. In Victoria, this authority underpinned the entire process of colonisation, enabling the seizure of Indigenous lands without treaty or consent.
From the moment Governor Richard Bourke invalidated John Batman’s 1835 agreement with Woiwurrung and Wadawurrung leaders, all land in Victoria was declared Crown land—held by the British monarch and administered through colonial government (Broome 2005). This act ignored existing systems of Indigenous lore, which had governed land, water, and social relations across Nations such as the Wadawurrung, Wurundjeri, and Gunditjmara for millennia (Clark 1990).
This article explores the legal foundations of the Crown, its role in dispossession, and its continuing presence in Victoria’s Treaty and land management systems.
The Crown: Legal and Constitutional Foundations
Sovereignty and Authority
In British-derived legal systems, the Crown represents not only the monarch but the institutional authority of the state, encompassing executive, legislative, and judicial power (Reynolds 1987). In Victoria, this authority is exercised through the Governor, symbolising continuity from colonial rule to modern governance.
This framework assumed sovereignty without recognising pre-existing Indigenous governance. For the Wurundjeri people, for example, authority over the Birrarung (Yarra River) was embedded in cultural responsibility, ceremony, and ecological management—systems governed through lore, not ownership (VEWH 2022).
Radical Title and Property Systems
The doctrine of radical title holds that all land is vested in the Crown, which may grant rights such as leases or freehold ownership (Reynolds 1987). This concept enabled colonisation by asserting Crown authority over land already occupied and managed by Indigenous peoples.
Across Victoria:
Wadawurrung Country (Djilang/Geelong, Ballarat, Bellarine Peninsula) was rapidly converted into pastoral land
Wurundjeri lands became the site of Melbourne’s expansion along the Birrarung
Gunditjmara Country saw disruption of complex aquaculture systems such as Budj Bim
These transformations occurred despite long-standing systems of land and water governance grounded in lore (Clark 1995; McNiven 2012).
The Crown in Early Victoria (1835–1850s)
Batman’s Agreement and Bourke’s Proclamation
In 1835, John Batman entered into an agreement with Woiwurrung and Wadawurrung leaders, acknowledging their authority over Country. However, Bourke’s Proclamation declared that:
Only the Crown could acquire land
Indigenous agreements had no legal standing
This formalised terra nullius in Victoria, overriding Indigenous sovereignty and systems of lore (Broome 2005; Reynolds 1987).
Distribution of Land
Following this proclamation, land distribution accelerated:
Squatter licenses (1836) allowed settlers to occupy vast areas
Crown land sales (from 1839) commodified land across Melbourne, Geelong, and Ballarat
Reserves and institutional grants further entrenched colonial control
On Wadawurrung Country, these processes led to the rapid loss of access to freshwater systems such as the Barwon River and Lake Connewarre. On Wurundjeri Country, the Birrarung became central to urban development, severing cultural and ecological connections. On Gunditjmara Country, pastoral expansion disrupted water systems that supported eel farming networks (Clark 1995; McNiven 2012).
Legal Doctrines Supporting Colonisation
Doctrine of Discovery
The Doctrine of Discovery enabled European powers to claim lands not governed by Christian monarchies. Indigenous societies were deemed incapable of sovereignty under this framework (Reynolds 1987).
This doctrine ignored the existence of structured systems of lore, such as:
Wadawurrung seasonal land management practices
Wurundjeri diplomatic and trade protocols within the Kulin Confederation
Gunditjmara aquaculture systems at Budj Bim
Radical Title and Native Title
For over a century, colonial courts reinforced Crown ownership. The Mabo v Queensland (No. 2) decision (1992) overturned terra nullius, recognising that Indigenous rights could coexist with Crown radical title (Attwood 2003).
However, in Victoria, early and extensive land sales meant that Native Title recognition is limited, particularly across Wadawurrung and Wurundjeri Country.
The Crown’s Land in Modern Victoria
Extent and Distribution
Today, approximately one-third of Victoria remains Crown land (DELWP 2021), including:
Gariwerd (Grampians)—on Gunditjmara Country
Otway Ranges and coastal reserves—within Wadawurrung Country
Birrarung corridors and parklands—within Wurundjeri Country
Many of these landscapes continue to hold cultural significance, reflecting ongoing connections to Country.
Crown Land Management and Co-Governance
Crown land is managed by the Victorian Government, increasingly in partnership with Traditional Owner groups:
Budj Bim: Co-managed with Gunditj Mirring Traditional Owners, recognising ancient aquaculture systems (UNESCO 2019)
Birrarung: Recognised as a living entity under Victorian legislation, reflecting Wurundjeri perspectives (VEWH 2022)
Wadawurrung Country: Cultural heritage and land management roles are exercised through Traditional Owner corporations
These arrangements represent partial recognition of Indigenous authority grounded in lore.
Indigenous Peoples and the Crown: Dispossession and Renewal
Colonial Control and Displacement
Declaring land as Crown property enabled the removal of Indigenous peoples from Country. Communities returning to their lands were often treated as trespassers.
Wadawurrung families were displaced from river systems and grasslands
Wurundjeri communities were pushed from Birrarung camps
Gunditjmara peoples were removed from aquaculture regions
Missions and Reserves
By the late 19th century, communities were relocated to missions such as:
Framlingham (Gunditjmara Country)
Lake Condah (near Budj Bim)
Coranderrk (Wurundjeri Country)
These were administered under Crown authority, restricting cultural practice and governance (Markus 1990).
Modern Recognition and Cultural Authority
Today, Registered Aboriginal Parties (RAPs) and Traditional Owner corporations hold cultural authority across Crown lands:
Wadawurrung Traditional Owners Aboriginal Corporation
Wurundjeri Woi Wurrung Cultural Heritage Corporation
Gunditj Mirring Traditional Owners
These groups guide land management, heritage protection, and cultural practice.
The Crown and Treaty in Victoria
The Victorian Treaty process is negotiated between First Peoples and the Crown-in-right-of-Victoria. This reflects a critical shift:
From unilateral authority to negotiated recognition
From denial of sovereignty to acknowledgement of ongoing connection
Processes such as the Yoorrook Justice Commission are documenting the impacts of colonisation and the role of the Crown in dispossession (Victorian Government 2022).
Country, Lore, and the Future
For Indigenous peoples, Country is not property but a living system of relationships.
The Birrarung is increasingly managed with recognition of its cultural and ecological significance
Budj Bim stands as a global example of sustainable land and water management
Wadawurrung landscapes are being re-engaged through cultural land management
Re-centering Indigenous lore offers pathways toward ecological restoration and sustainable governance.
Conclusion
The Crown is both the mechanism of dispossession and the framework through which recognition is now pursued. In Victoria, it transformed Wadawurrung, Wurundjeri, and Gunditjmara lands into Crown property, overriding systems of lore that had governed Country for millennia.
Today, through Treaty, co-management, and truth-telling, this relationship is being redefined. The challenge remains to ensure that the Crown’s authority supports restoration, recognition, and the continuation of Indigenous lore—rather than its suppression.
References
Attwood, B 2003, Rights for Aborigines, Allen & Unwin, Sydney.
Broome, R 2005, Aboriginal Victorians: A History Since 1800, Allen & Unwin, Sydney.
Clark, ID 1990, Aboriginal Languages and Clans, Monash University.
Clark, ID 1995, Scars in the Landscape, Aboriginal Studies Press.
Critchett, J 1990, A Distant Field of Murder, Melbourne University Press.
Markus, A 1990, Governing Savages, Allen & Unwin, Sydney.
McNiven, IJ 2012, ‘Budj Bim Eel Traps’, Antiquity.
Reynolds, H 1987, The Law of the Land, Penguin.
UNESCO 2019, Budj Bim Cultural Landscape, World Heritage Centre.
Victorian Government (DELWP) 2021, Crown Land Facts and Figures, Melbourne.
Victorian Government 2022, Yoorrook Justice Commission Interim Report, Melbourne.
Victorian Environmental Water Holder (VEWH) 2022, Birrarung and Cultural Water Recognition, Melbourne.
Written, Researched and Directed by James Vegter (17 October 2025)
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Magic Lands Alliance acknowledges the Traditional Owners, Custodians, and First Nations communities across Australia and internationally. We honour their enduring connection to the sky, land, waters, language, and culture. We pay respect to Elders past, present, and emerging, and to all First Peoples’ communities and language groups. This article draws only on publicly available information; many cultural practices remain the intellectual property of their respective communities.