Paul Wayne Towney was charged with entering enclosed lands and damaging property after he refused to leave a vacant block near the Charles Sturt University campus at Orange, central western NSW, in February.
He cut a chain to access the property, owned by the university, and displayed a sign saying, "Wiradjuri nation sovereignty lands no unauthorised entry permitted".
Towney appeared in Orange Local Court on Tuesday, where he did not dispute the prosecution's statement of facts, agreeing that he entered the property and damaged the chain.
But he refused to sign the statement, saying he was within his rights to be on the land because Indigenous sovereignty was never ceded.
The 61-year-old said he was following the path of Windradyne, a Wiradjuri warrior who led the resistance against colonial expansion in the 1820s.
"It's invasion. None of my elders ever signed a treaty, a land agreement document, nothing to this day," Towney said.
"Windradyne ensured that we have never ceded our sovereignty."
He also referenced a 2024 Federal Court case, in which Dungog Shire Council lost a bid for a ruling that native title did not exist over 850 hectares of land at the Paterson sports ground.
In that case, the court found that an 1823 free hold grant by Governor Thomas Brisbane was invalid and could not affect native title.
In a 40-minute judgment, magistrate Jeff Tunks said the elements of each charge were proved beyond reasonable doubt.
He also acknowledged Towney's arguments about land rights.
"He says that the Wiradjuri people never ceded sovereignty, he says that being the case the laws that bring him here today ... do not apply to him due to that sovereignty," Mr Tunks said.
But Mr Tunks said the High Court ruled Australian law must apply equally to all citizens.
"I understand the issues raised by Mr Towney, I understand why he raises them," he said.
"I am duty-bound to apply the law as it stands at the moment."
He sentenced Towney to a 12-month conditional release order for the property damage but did not record a conviction, noting that his criminal record was limited to driving offences.
The trespassing charge was dismissed.
Towney, who wore a traditional kangaroo pelt in court, did not stand up to hear his sentence.
"I do not abide by any kind of corrupt-bound legal institution policies," he said.
"I am sitting here today and I will remain seated, as Wiradjuri nation lore I am bound to."
Towney was supported in court by a large group of people, some of whom travelled from Sydney and Melbourne.
Mr Tunks thanked them for being respectful in court.
"I greatly appreciate your courtesy and the fact you've come along to watch."
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