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Recognition of the River as a living entity
We acknowledge that recognising the River as a living entity is still a novel approach for some responsible public entities. Using this framework to care for Birrarung represents a challenge to established ways of working that often require us to compartmentalise and de-humanise the environment that our decisions impact.
By changing our approaches and attitudes we have many opportunities to meet the aspirations of the 50-year Community Vision for a healthy, living Birrarung, both today and for generations to come.
Having said that, in 2025 we have observed a significant improvement in the way that senior leaders of responsible public entities are recognising Birrarung as a living entity.
For many, understanding Birrarung in this way has become a conversation across their organisations, aided by the invitation from the Birrarung Council to compose a statement about their relationship with the River.
In Yarning Circles, leaders described this task as a useful way to bring the River to the forefront of their organisation’s thinking and decision-making. They also acknowledged that different community members have varying and diverse relationships with Birrarung.
In this year’s Yarning Circles, we were pleased to observe new ways of describing connections to the River and its lands. These included catchment-wide relationships that embrace the interconnected nature of tributaries across multiple jurisdictions.
In 2025, all responsible public entities either recognise or partly recognise the River as a living entity according to this year’s survey responses.
This is an improvement on last year when one responsible public entity did not recognise or partly recognise the River as a living entity. As more responsible public entities recognise and embrace the River as a living entity, Birrarung Council hopes to see Birrarung receiving increased attention in planning and operations.
On-Country sessions with Traditional Owners have led to deeper understanding of the River’s status among the council staff who have pursued this approach.
Living entity in action
A relationship statement from Parks Victoria
Birrarung, you are many things.
You are alive, articulate, enduring, immersive, essential and a sanctuary. You show us a cultural landscape and tell us stories as you weave your way from the Yarra Ranges through to the city and bay.
You provide opportunities for us to connect public spaces. In these places we can see the stories in the landscape. You encourage us to reimagine our relationship with nature, you remind us of what you as a River was, is and should be.
You hold pre and post settlement values, you encourage us to slow down and listen, the space you give us encourages us to do better. You have and will connect people to a place that is the natural, social, physical, spiritual and cultural lifeblood of our community. We are privileged to be with you.
We recognise the Wurundjeri Woi-wurrung and Bunurong [Peoples] whose Country you pass through. We support their cultural obligations to you and will collaborate with our partners and the local communities that live alongside or come to visit you.
We acknowledge you and your own intrinsic values and will work to help you thrive.
The Birrarung is life.
Self-assessment indicates that responsible public entities are often considering Traditional Owner science and culture in projects, but the level of consideration depends on the types of projects. Half the responsible public entities show improvement in their consideration of Traditional Owner science and culture, and while the remaining 7 do not report improvement, they have also not declined since the last reporting period.
Similarly, responsible public entities report that including Traditional Owner science and culture in their projects is moderately or significantly improving outcomes for Burndap Birrarung burndap umarkoo projects.
Commitment to building meaningful relationships and nurturing established partnerships with Traditional Owner communities and corporations continues to improve.
However, as in 2024, fee-for-service activities continue to be listed as organisational support though these are more aligned to expected business practices rather than empowering self-determination. We are pleased to see some responsible public entities able to articulate what it means to partner with Traditional Owners in ways that enact equitable and reciprocal benefits, even if this isn’t being achieved yet.
'There isn’t [a clear example of us] relinquishing responsibilities. Relationships are really great, but we haven’t got to partnership yet. There isn’t balanced partnership to it. A lot it is relationship based, there is an interaction point, but it doesn’t step far enough into the self-determination space.'
Senior leader, responsible public entity, Yarning Circle May 2025.
In 2024, we noted that we expected to see responsible public entities use the Burndap Birrarung Burndap Umarkoo Engagement Framework, created by WWCHAC, to strengthen their engagement. Building stronger partnerships and sharing a greater role in decision making with Traditional Owners will give genuine effect to the intent of the Birrarung Act and its Yarra Protection Principles.
We heard from Traditional Owners and responsible public entities alike that the resourcing remains a significant challenge and momentum in this area has slowed. We highlight this issue in Section 4 as a priority for 2026.
In September the Statewide Treaty Bill 2025 (Vic) was tabled and as the State progresses towards a treaty with the First Peoples of Victoria, the Birrarung Council notes this important development for the work of implementing Burndap Birrarung burndap umarkoo.
'Get out of the quicksand of deficit thinking. The better the relationship you have, the better that treaty agreement is going to be, the better the state is going to be able to deal with the treaty aspirations of Aboriginal people.'
Uncle Andrew Gardiner, Yarning Circle comments August 2025.
Truth-telling, Treaty, and Birrarung
In July 2025, the Yoorrook Justice Commission released its findings on land and water justice in Victoria. Chapter 14, in volume 2 of the third interim report, focuses on water. Yoorrook found that ‘when colonisers and the State stole First Peoples’ land, they took First Peoples’ water and deprived First Peoples of their rights to access, use and manage water resources’.
Yoorrook also found that ‘aqua nullius [the assumption that water belonged to no one when the British invaded] is a fiction because First Peoples have never ceded sovereignty’, and that the colonisers ‘commodified’ water, detaching it from land and connection to people and culture, making it into a resource for economic exploitation.
Yoorrook found that existing mechanisms of recognition, such as the Native Title Act 1992 (Cth) or the Traditional Owner Settlement Act 2010 (Vic), do not grant water rights that are consistent with the United Nations Declarations on the Rights of Indigenous Peoples, which the Commission considered should be the minimum standard.
In 2024, First Peoples in Victoria owned less than 0.2% of water rights in Victoria. This is beginning to slowly improve, with the return of 1.4 GL of water in Birrarung to Wurundjeri Woi-wurrung people in October 2024.
Yoorrook also found that the settler state has presided over a devastating decline in waterway health, and that ‘water is a living entity that is essential to First Peoples’ creation stories, shapes the landscape, and sustains all life’.
Yoorrook made 5 recommendations relating to water to inform future law reform and Treaty processes, including recognising First Peoples’ inherent rights to water (recommendation 37) and recognising all waterways as living entities, with Traditional Owners as a unique voice for the waterways (recommendation 38).
Organisational commitment
We see significant evidence of improved organisational commitment from the responsible public entities in 2 ways. First, we commend the continued commitment of their senior leaders to attend Yarning Circles with Birrarung Council. In 2025, our new Yarning Circle approach also gave these senior leaders a chance to share and learn from each other.
Second, as noted above, we welcome the ongoing work by responsible public entities to develop their relationship statements with Birrarung, which have involved working across their organisations with input from multiple teams.
A further measure of organisational commitment to the delivery of Burndap Birrarung burndap umarkoo is responsible public entities’ internal and external communications. This measure is important for evaluating how the Birrarung Act and Burndap Birrarung burndap umarkoo are being used to inform projects leading to transformational change.
For 12 of 14 responsible public entities at least some of their corporate documentation (including websites, newsletters as well as internal strategies and reports) refers to Burndap Birrarung burndap umarkoo or the Yarra Protection Principles, and for one, all documentation does.
Comparisons with previous years reveals limited progress on this issue. Only one responsible public entity shifted from some to all strategies and reports mentioning Burndap Birrarung burndap umarkoo and the Birrarung Act. Birrarung Council welcomes this depth of engagement with and operationalisation of Burndap Birrarung burndap umarkoo across the entire organisation.
A review of relevant local government Council Plans from the 8 councils along the River is another way to analyse organisational commitment.
During 2025, local governments are preparing their 2025-2029 Council Plans in accordance with the Local Government Act 2020. This includes setting their financial planning and operational strategies and actions for the next 4 years.
As a stakeholder, Birrarung was absent in the majority of 2021-2025 plans, a topic raised in this year’s Yarning Circles. In response to feedback provided during Yarning Circles, several local councils have since elevated Birrarung in their Council Plans, with Manningham City Council in particular pledging:
'Our Commitment to the Birrarung … to protecting and enhancing the Birrarung (Yarra River) and its lands as one living and integrated natural entity. The Burndap Birrarung burndap umarkoo (Yarra Strategic Plan) 2022-32 reflects the important partnership between Traditional Owners and state and local government agencies, capturing a commitment to protect our treasured Birrarung and its parklands for future generations.'
We are encouraged to see responsible public entities establishing internal governance groups which is raising the profile of Burndap Birrarung burndap umarkoo across their organisations to embed it within organisational arrangements. Survey data indicates 4 of 14 responsible public entities are taking this initiative.
We are pleased to see increased awareness of the Protection Principles among responsible public entities, along with their support for planning reforms since the gazettal of VC281 (see Land-use planning and decision making below).
Collaboration
'Collaborating with other LGAs is super important. There is a spirit of collaboration and sharing information. That’s why I feel good about today and the future.'
Senior leader, responsible public entity, Yarning Circle August 2025.
Senior leaders acknowledged that everyone has a role to play with the delivery of Burndap Birrarung burndap umarkoo projects. Self-assessment indicates that collaboration is becoming increasingly normal practice, with 6 responsible public entities reporting ‘extensive’ collaboration (up from 5 in 2024 and 2 in 2023). Birrarung Council welcomes the commitment from senior leaders as expressed during Yarning Circles, to support collaboration.
Collaboration is clearly resource-intensive and therefore responsive to additional resourcing. Grants and externally funded projects appear to drive higher quality collaboration, while bureaucratic processes and staff changes remain challenges for collaboration.
Engaging the community on caring for the River remains an ongoing task. Responsible public entities report an intent to participate in transformative projects as a way to increase operational awareness and broaden commitment to Burndap Birrarung burndap umarkoo and its performance objectives.
'If we’re going to heal country and its waters, we need to walk together. There also needs to be a budget to support the capacity of Aboriginal organisations.'
Uncle Dave Wandin, Yarning Circle comments, August 2025.
Land-use planning and decision-making
Several important strategic and statutory planning announcements were made in 2025 reflecting significant work by DTP to address major gaps in planning provisions for Birrarung and its lands.
At the strategic planning level, the state-wide, strategic Plan for Victoria was released in February 2025 and gazetted into all planning schemes across Victoria in September 2025 as VC283. Included was ‘Action 21: Protect our Birrarung (Yarra River)’ which aims to integrate Burndap Birrarung burndap umarkoo into planning schemes, and to improve decision-making about protecting the River as a connected, living, natural entity.
At the statutory planning level, amendment VC281, gazetted in April 2025, changed the Victoria Planning Provisions and 34 planning schemes by amending clause 12.03-1R (Yarra River protection) to implement part 2 of Burndap Birrarung burndap umarkoo – the land use framework.
The amendment also introduced Clause 51.06 to ensure responsible public entities have regard to the Yarra Protection Principles specified in the Birrarung Act and updated Ministerial Direction 11 – Strategic Assessment of Amendments to now require planning authorities, local councils and the Minister for Planning to consider the Principles in the Birrarung Act when preparing planning scheme amendments.
These planning amendments build on earlier planning scheme amendments implemented since the passage of Birrarung Act in 2017 which significant Landscape Overlays and Design Development Overlays within the Banyule, Boroondara, Manningham, Nillumbik, Stonnington and Yarra planning schemes.
In December 2022 a statewide Amendment VC201 was gazetted which provided for stronger recognition and protection for our waterways, lakes, wetlands and billabongs at a state level. VC201 provided substantial acknowledgement of Traditional Owner values and custodianship of waterways while recognising the importance of protecting the living cultural values and heritage relating to waterway systems.
The Birrarung Council welcomes the major initiatives and provisions in 2025. Significantly these land-use planning changes have occurred in a year when the Yoorrook Justice Commission tabled its final report, with several recommendations pertinent to Victoria’s water systems and their cultural flows.
However, notwithstanding these major land-use planning changes, we continue to observe that some responsible public entities, through their planning authority functions, are struggling to navigate and comprehend their obligations. They also find it difficult to fulfil their responsibilities in responding to the Birrarung Act and its Principles. In particular, challenges remain regarding net gain (see below).
We believe it is now important to focus on how responsible public entities are implementing these planning policies and instruments and providing appropriate guidance to ensure their effectiveness.
Net gain
Net gain is a key principle in the Birrarung Act guiding the care of the River. It states, 'there should be a net gain for the environment in the area of Yarra River land from individual actions or policies' (Section 9(4)).
The Birrarung Council has consistently advocated for the importance of net gain in each of our Annual Reports. In 2021 we released a discussion paper, Reframing environmental net gain for the Yarra/Birrarung.
We consider that it should be a key priority to develop a definition of net gain that includes both cultural and ecological elements (as described in our discussion paper) and to develop a practical proposal for implementing net gain for Birrarung. Burndap Birrarung burndap umarkoo is ambiguous about this action and there is still a need to see DEECA and Melbourne Water as lead agency give it priority with a clear process and timeline.
The Decision-Making Framework (DMF) is one way to achieve net gain for the River. The DMF is a tool which ensures consistency with the Birrarung Act and delivery of Burndap Birrarung burndap umarkoo and has the potential to demonstrate the shift in mindset needed to transform our relationship with the River. (See Appendix E of Burndap Birrarung burndap umarkoo for further details of the DMF).
The DMF 'facilitates transparent and coordinated decision-making including with Wurundjeri Woi-wurrung and Bunurong Traditional Owners, for activities that affect the Yarra River land or when performing a function or duty or exercising power that may affect Yarra River land on their Country.' As such it will be most effective in conjunction with empowered decision making and collaboration with Traditional Owners.
We have observed a decrease in the number of responsible public entities embedding the DMF into their planning and delivery of Burndap Birrarung burndap umarkoo. Only 10 responsible public entities have partially embedded the DMF into planning and activities (2 less than 2024), with only one responsible public entity self-assessing that they have fully embedded the DMF.
Three responsible public entities have not even partially embedded the DMF. We understand this reflects the need to adjust the DMF to a more user-friendly application.
We support Melbourne Water’s intention to review the DMF and urge the inclusion of net gain as a priority.
However, as we note in our discussion paper, existing approaches to application of net gain policy allow environmental offsetting and have significant limitations if applied in the complex environmental and cultural context of Birrarung.
These ‘transactional’ approaches to net gain enable environmental characteristics to be traded off against each other whereby an adverse impact can be offset by a positive environmental action in another or related area. This approach would certainly fail to align with the legislated definition of the River as one integrated, living entity, and fall short on delivering the Community Vision and restoration aspiration of the Traditional Owners.
The Birrarung Council’s discussion paper proposes that the assessment of net gain should go beyond biophysical measures of ‘gain’ and should incorporate social and cultural objectives which include connection to Country and relationships with Birrarung.
Just as ecosystem restoration can be guided and strengthened by science, so too can it be guided by cultural knowledge of Country. Incorporating a cultural dimension into an approach to net gain is about more than just enabling Wurundjeri Woi-wurrung or Bunurong custodianship as a moral or legislated issue.
There is a practical imperative of strengthening restoration through incorporating the Traditional Owners’ knowledge of Birrarung as a living entity. In this way, restoration in cultural terms can also extend and deepen models of ‘gain’.
We find the lack of discernible progress concerning and once again call out net gain as an area of priority focus. While the lead agency Melbourne Water’s year ahead includes important priorities for the ongoing delivery of Burndap Birrarung burndap umarkoo we believe net gain needs to be one of them.
Download the full report
Page last updated: 21/11/25