Frontier History in Colonial Early Victoria
Introduction
The doctrine of terra nullius—Latin for “land belonging to no one”—became the legal fiction underpinning British colonisation across Australia. It denied the existence of Indigenous sovereignty and systems of lore, enabling the seizure of Country without treaty, consent, or compensation (Reynolds 1987).
In Victoria, this doctrine directly impacted Nations including the Wadawurrung, Wurundjeri, and Gunditjmara, whose Countries—stretching across Djilang (Geelong), the Birrarung (Yarra River), and the volcanic plains of western Victoria—were rapidly transformed following British settlement (Clark 1990; Broome 2005).
This article examines the origins and application of terra nullius, its effects on Indigenous societies and environments in Victoria, and how truth-telling and Treaty processes are now confronting its legacy.
Origins of Terra Nullius
European Legal Theory and Empire
The idea of terra nullius emerged within European imperial expansion between the 16th and 18th centuries. It asserted that land not governed by a Christian sovereign or not “improved” agriculturally could be claimed by colonising powers (Reynolds 1987).
This framework dismissed Indigenous systems of governance, land stewardship, and economic exchange. Across what is now Victoria, Nations such as the Wadawurrung and Wurundjeri maintained structured systems of lore, including seasonal land management, aquaculture, and ceremonial governance—systems unrecognised under European law (Gammage 2011; Clark 1990).
Application Across Australia
When the British established a colony in 1788, the continent was declared legally “empty.” This declaration ignored thousands of years of occupation and complex societies across Australia.
In Victoria, this meant:
No treaties were negotiated with Kulin Nations
No recognition of systems of lore governing land and water
No compensation for the loss of Country
For example, Wurundjeri stewardship of the Birrarung included fishing systems, floodplain management, and ceremonial obligations tied to the river as a living ancestor (VEWH 2022). These systems were dismissed entirely under terra nullius.
Terra Nullius in Victoria: Foundations of Dispossession
1835: Batman’s Agreement and Bourke’s Proclamation
In 1835, John Batman attempted to negotiate land access with Woiwurrung and Wadawurrung leaders around the Birrarung and Barwon River regions. The agreement recognised Indigenous authority over Country—an implicit acknowledgement of existing sovereignty.
However, Governor Bourke’s Proclamation of 1835 declared:
All land belonged to the Crown
Agreements with Indigenous peoples had no legal standing
This formalised terra nullius in Victoria, overriding Indigenous systems of lore and authority (Broome 2005; Reynolds 1987).
From Doctrine to Practice
Following this proclamation:
Wadawurrung Country across Djilang (Geelong) and the Bellarine Peninsula was rapidly occupied for pastoral use
Wurundjeri lands along the Birrarung became central to the development of Melbourne
Gunditjmara Country in western Victoria was transformed into grazing land
Within decades, these Nations lost access to their lands, waterways, and food systems (Clark 1995).
Terra Nullius and Indigenous Lore
Systems of Lore and Governance
Before colonisation, Victoria supported numerous interconnected Nations governed by systems of lore.
Wadawurrung: Managed volcanic plains through seasonal movement and food systems such as murnong harvesting
Wurundjeri: Maintained governance structures within the Kulin Confederation, including protocols for diplomacy, marriage, and trade (Clark 1990)
Gunditjmara: Developed the Budj Bim aquaculture system, a sophisticated network of channels used to manage kooyang (eels), demonstrating advanced ecological engineering (McNiven 2012; UNESCO 2019)
These systems reflect long-standing governance structures rooted in Country, kinship, and sustainability.
Legal Erasure
Under terra nullius, these systems of lore were legally erased:
Indigenous governance systems were not recognised in colonial courts
Cultural authority over land and water was denied
Resistance was criminalised rather than recognised as defence of Country
For example, the Eumeralla conflicts on Gunditjmara Country were treated as lawlessness rather than organised resistance to invasion (Critchett 1990).
Environmental and Social Impacts in Victoria
Land and Ecological Systems
The declaration of land as Crown property enabled widespread environmental transformation:
Wadawurrung Country: Grasslands were cleared, and murnong fields destroyed by grazing animals (Gammage 2011)
Wurundjeri Country: The Birrarung was altered through urban development and industrial use
Gunditjmara Country: Water systems supporting Budj Bim aquaculture were disrupted by drainage and farming (McNiven 2012)
These changes disrupted ecosystems that had been sustainably managed for thousands of years.
Social and Cultural Impacts
The impacts on communities were profound:
Wadawurrung and Wurundjeri peoples were displaced from traditional camps along rivers and plains
Gunditjmara communities were relocated to missions such as Lake Condah
Cultural practices tied to water, land, and ceremony were disrupted
These processes contributed to intergenerational trauma and loss of access to Country (Markus 1990).
The Unmaking of Terra Nullius
Mabo v Queensland (1992)
The High Court’s decision in Mabo (No. 2) overturned terra nullius, recognising that Indigenous peoples held pre-existing rights to land.
This ruling acknowledged:
The survival of connection to Country
The existence of Indigenous systems of governance and belonging
The falsehood of the “empty land” doctrine
Victoria and Native Title
Due to early settlement patterns, Native Title recognition in Victoria is limited. However, alternative frameworks have emerged:
Wadawurrung Traditional Owners Aboriginal Corporation (2020 settlement)
Gunditj Mirring Traditional Owners Aboriginal Corporation agreements
Taungurung Land and Waters Council (2019 settlement)
These agreements restore aspects of cultural authority, land management, and decision-making (Victorian Government 2021).
Truth-Telling, Treaty, and Contemporary Victoria
Victoria is at the forefront of Treaty and truth-telling processes:
The Yoorrook Justice Commission is documenting the historical and ongoing impacts of colonisation
The First Peoples’ Assembly of Victoria is progressing Treaty negotiations
Cultural land management programs are reintroducing Indigenous ecological knowledge
These processes are beginning to recognise that sovereignty was never ceded and that Indigenous systems of lore continue to exist.
Country, Lore, and the Future
For Indigenous peoples, Country is a living system—not property but relationship.
The Birrarung is now legally recognised as a living entity under Victorian legislation (VEWH 2022)
Budj Bim is internationally recognised as a World Heritage cultural landscape (UNESCO 2019)
Wadawurrung Country is increasingly managed through partnerships that incorporate cultural knowledge
Re-engaging with Indigenous lore offers pathways toward ecological restoration and sustainable futures.
Conclusion
Terra nullius was a doctrine of erasure. It denied the existence of Indigenous Nations, invalidated systems of lore, and enabled the transformation of Country into property.
In Victoria, its effects were immediate: the dispossession of Wadawurrung lands, the transformation of the Birrarung, and the disruption of Gunditjmara aquaculture systems.
Yet its dismantling through Mabo and ongoing Treaty processes reveals a nation beginning to confront its foundations. Recognising Indigenous lore, sovereignty, and enduring connection to Country is essential to building a truthful and balanced future.
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.
Gammage, B 2011, The Biggest Estate on Earth, Allen & Unwin.
Markus, A 1990, Governing Savages, Allen & Unwin.
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 2021, Traditional Owner Settlement Act Overview, Melbourne.
Victorian Environmental Water Holder (VEWH) 2022, Cultural Water and Birrarung Recognition, Melbourne.
Written, Researched and Directed by James Vegter (18 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.