The peak body for Victorian Traditional Owners has warned ongoing delays to key legislation and the fast-tracking of project approvals risk excluding Traditional Owners from decisions about mining on their Country.
It comes as the federal government granted major project status to Astron Corporation's Donald Rare Earth and Mineral Sands project in western Victoria, recognising it as a development of national importance.
The Victorian Government has already greenlighted the project, which is expected to become the fourth-largest rare earth mine in the world outside China.
In a statement on Friday, the Federation of Victorian Traditional Owner Corporations (FVTOC) said the Victorian Government had yet to introduce legislation into parliament which would provide for Traditional Owner groups' involvement in new minerals mining activity on their Country, despite the Donald Project being given the go-ahead.
FVTOC interim CEO Kayley Nicholson labelled it unacceptable, asking how the state government could sign off on projects when it is "still figuring out how to properly compensate Traditional Owners for the damage mining makes to Country?"
The mine, near the town of Minyip on the lands of the Wotjobaluk, Jaadwa, Jadawadjali, Wergaia and Jupagulk people, will see about 7,000 tonnes of heavy mineral and rare earths be shipped to Energy Fuels' Utah facility each year, with early site works to begin in 2026, pending Astron Corporation securing full funding.
"The Victorian Government agreed to do the right thing and work alongside Traditional Owners to ensure mining for critical minerals on-Country would happen in the right way, with our involvement, and with fair compensation for damaged Country," Ms Nicholson said.
One of the recommendations from the Yoorrook Justice Report called for the state government to conduct a review of the existing mechanisms of the consultation process for Traditional Owners regarding their consent in the development of minerals, resources and extractive projects to ensure consistency with the principles of free, prior and informed consent in UNDRIP.
Ms Nichsolson said both state and federal Labor Governments were "moving heaven and earth to allow Americans to dig up Country, before Traditional Owners have had the chance to come to the table".
"It's not good enough. It's disingenuous, and goes against their word: that the renewable energy transition would happen in the right way," she said.
The FVTOC has urged the Victorian Government to quickly pass laws that give Traditional Owner groups a formal role in planning and sharing the benefits of critical minerals projects.
They say the government must properly fund this involvement and halt new project approvals until the legislation is in place - warning that failing to do so will further damage trust with communities who have long endured the impacts of mining on their Country without compensation.
Despite traditional land being the source of generated wealth - including through mining - Yoorrook said Victorian First Peoples had been largely excluded from the wealth generated through such activities.
It heard the state had collected almost $290 billion in gold royalties since 1851, with no royalties or revenue distributed to Traditional Owner groups.
Ms Nicholson said generations of Victorians had seen the impacts mining has had on Country, without Traditional Owners seeing a "single dollar in gold-rush wealth".
"The Victorian Government admitted that wasn't right, but what faith do we have that the mistakes of the past won't be repeated today?" she added.