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Exercise
your traditional rights on the management of national park
lands
Moreton Island
bayside
Queensland native title representative
bodies are undertaking consultations/discussions with
Aboriginal and Torres Strait Islander people on the review
of the Queensland national parks and protected areas
legislation.This is an opportunity for you to put your
concerns and aspirations forward regarding the future
management of your traditional lands. A brochure has been
prepared to help in the consultation and discussion process.
Below, LRQ looks at some of the points covered in the
brochure.
What the discussions will be
about
The Queensland Government is currently reviewing its
national parks and protected areas legislation. The
Government approached QIWG early in 1999 to facilitate a
meeting of traditional owners of seven designated case study
areas and the representative bodies (NTRBs) to seek
Indigenous input to the legislation review process.
The case study areas were:
- Burleigh National Park
- Blue Lake National Park
- Dipparu, Homevale and Eungella National Parks
- Simpson Desert National Park
- Camooweal Caves National Park
- Barron Gorge National Park
- Cape Melville, Flinders Islands National Parks.
As a result of the Government's request, a summit on
Indigenous interests in national parks and protected areas
was held in Brisbane in April 1999. The summit agreed that
the Queensland Indigenous Working Group act as the
secretariat on behalf of Indigenous interests. The summit
also requested resources from the Queensland Government to
allow NTRBs to undertake further consultations/discussions
with Indigenous people across Queensland.
The Queensland Government has now provided each NTRB with
resources to undertake the consultations/discussions. The
brochure will inform Aboriginal and Torres Strait Islander
people of the issues raised by Indigenous people so far in
the National Parks and Protected Areas legislation review
process.
The issues in this document should not be viewed as a
comprehensive list, but rather as points to facilitate
further discussion and identification of any other issues
that may be of concern to Aboriginal and Torres Strait
Islander people.
The summit also passed nineteen draft principles. These
principles are detailed below. The major issues covered in
these principles include Aboriginal ownership of national
parks and protected areas, a united indigenous approach, the
establishment of local management structures and the
protection of intellectual property and cultural heritage.
It is considered vital that a united Indigenous position,
outlining the concerns of Aboriginal and Torres Strait
Islander people in Queensland, is presented to the
Queensland Government. This will allow Indigenous interests
to be protected and negotiations to be undertaken from a
position of strength.
QIWG will coordinate the responses received from NTRBs,
after they have consulted with Indigenous people in their
area.
Issues
Some of the issues you may want to consider include:
- existing management practices
- cultural heritage
- self management/ co-management
- employment and training
- capacity building
- compensation
- comparative practices in other states
- Native Title
- economic benefits
- social impact assesment
- intellectual property rights
- Indigenous Land Use Agreements
- access
- any other issues
The next step:
You will be advised shortly about how your NTRB will
facilitate discussions/consultations in your area about
National Park and Protected Areas legislation and the 19
principles.
How to contact your rep body
and/or land council
This is an opportunity for you to put your concerns and
aspirations forward regarding the future management of your
traditional lands.
NTRB and Land Council Contact details:
Central Queensland Land Council
Telephone: 07-4951-1899 Fax: 07-4951-3629
31 Sydney St, Nth Mackay, 4740
Cape York Land Council
Tel: 07-4051-9077 Fax: 07-4051-0097
32 Florence St, Cairns, 4870
Carpentaria Land Council Aboriginal Corporation
Tel: 07-4745-5132 Fax: 07-4745-5204
Musgrave St, Burketown, 4830
FAIRA Aboriginal Corporation, contact John Holt
Tel: 07-3391 4677 Fax: 07-3391 4551
37 Balaclava St, Woolloongabba, 4102
Goolburri Land Council Aboriginal Corporation
Tel: 07-4639-4766 Fax: 07-4639-4924
9 Bowen St, Toowoomba, 4350
Gurang Land Council
Tel: 07-4153-3800 Fax: 07-4153-3615 or 4152-9661
Chamber of Commerce, C3/3 Maryborough St, Bundaberg, 4670
Mount Isa Region, contact Henry Craigie
Tjilpatha Aboriginal Co-op
Tel: 07-4743-3742
North Queensland Land Council
Tel: 07-4031-4779 Fax: 07-4031-7414
PO Box 679N
Cairns 4870
Quandamooka Land Council
Tel: 07-3409-9599 Fax: 07-3409-9480
5 Ballow Rd, Dunwich, 4183
Torres Strait Regional Authority
Tel: 07-4069-1446 Fax: 07-4069-1879
Ground Floor, Torres Strait Haus, Victoria Pde, Thursday
Island, 4875
Principles Agreed at April
Summit
Preamble:
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A.
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RECALLING that Aboriginal people have owned the
land on which all national parks are located since
time immemorial and continue to so own;
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B.
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RECOGNISING that since the recognition of native
title the creation of national parks is an
unremedied appropriation of Aboriginal land;
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C.
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NOTING that the Queensland Government desires to
reform existing arrangements for accommodating
Aboriginal rights and ownership of land including
national park land;
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D.
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FURTHER noting the extensive obligation of the
Queensland Government to respect the rights and
ownership of national parks by Aboriginal people
under the Nature Conservation Act 1992 (Qld), the
Aboriginal Land Act 1991 (Qld), the Native Title
Act 1993 (Commonwealth), equity and the common law,
the International Covenant for the Elimination of
All Forms of Racial Discrimination, the
International Covenant on Civil and Political
Rights, the Convention on Biodiversity;
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E.
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CALLING on the Queensland Government to
recognise, in negotiation, the position of
Aboriginal owners as land owners and parties of
equal status rather than relegating Aboriginal
people to the position of 'stakeholders' or
'interest groups' and the imperative for a lasting
commitment by Government to engaging Aboriginal
people on this basis;
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Principles:
- United Position
THAT the following principles have the united support of
Aboriginal owner delegates and NTRBs attending the
summit.
- Process including adequate timetable and provision
of resources
THAT we call on the Government to implement a fair and
equitable process including a reasonable timetable to
enable adequate Statewide Aboriginal approval of new
policy for Aboriginal rights in, and ownership of,
national parks and to provide adequate resources for the
process;
AND THAT in negotiating a fair process we call on the
Government to recognise and fulfil Australia's
international convention obligations on the rights of
Aboriginal people and the environment.
- Land Tenures and Lease Arrangements
THAT the Government recognise and accept Aboriginal
ownership of national parks including all cultural and
intellectual property throughout Queensland to enable the
development of an Aboriginal conservation estate;
AND THAT national parks will not diminish or extinguish
any rights from Aboriginal ownership, nor prevent the
exercise of such rights;
AND THAT the Government provide secure land tenure
directly to Aboriginal owner bodies, where Aboriginal
land ownership exists, throughout the Queensland
conservation estate;
AND THAT we will never accept perpetual leases, of our
country, back to the Government;
AND THAT where Aboriginal land negotiations have
determined that Aboriginal land is to be used for
national park purposes, the Government will compensate
Aboriginal owners for the loss of full use and enjoyment
of Aboriginal land in the form of a negotiated annual
rental payment or package.
- Aboriginal Management
THAT sole Aboriginal management, through a management
structure acceptable to traditional owners for land in
national parks is the primary goal and obligation of
Government and that there should be flexibility of land
management models as an outcome of negotiating the care,
control and management of national park land;
AND THAT this primary goal should be implemented through
negotiation of ILUA or similar agreements;
AND THAT the management of permits becomes an integral
part of Aboriginal care, control and management of
national park land;
AND THAT in the setting of standards of Aboriginal
management arrangements that no one model can diminish
the opportunity for stronger arrangements with another
Aboriginal group;
AND THAT culturally appropriate management plans for
Aboriginal national park land be developed by Aboriginal
owners detailing how care, control and management will be
implemented with appropriate resources from government
for development and implementation of the management
plan.
- Government commitment to national park management
and recurrent funding for Aboriginal national
parks
THAT the Government's past and current commitment to, and
coordination of government agencies for, national park
management is deplorable and that adequate recurrent
funding for Aboriginal management services is provided as
part of Aboriginal management agreements on Aboriginal
national park land and efficient coordination of
government agencies be ensured.
- Access, living areas and exclusive use
areas
THAT any new Aboriginal management arrangements provide
unlimited access to Aboriginal land for traditional
owners, living areas for Aboriginal owners and powers
being vested in Aboriginal owners to control and police
public access to areas of cultural sensitivity;
AND THAT access for other commercial and research
purposes shall be determined and controlled by the
Aboriginal management structure.
- Hunting and use of natural resources
THAT Aboriginal management arrangements on national park
land include the right to hunt and use other natural
resources, in accordance with Aboriginal tradition and
Aboriginal management plans.
- Existing legislation and administration of
legislation by Government agencies
THAT existing legislation dealing with Aboriginal rights
in, and ownership of, national parks, and existing
administration of that legislation is inadequate and
requires amendment, replacement and reform, with the
informed Aboriginal consent, to implement Aboriginal land
tenure and management arrangements on national park
land.
- Reform of administrative arrangements
THAT an independent government agency (appropriately
resourced, managed by and governed by an Aboriginal
majority) be created with responsibility for the
implementation of new Aboriginal land tenure and
management arrangements in consultation with traditional
owners.
- Employment, training and capacity building
THAT adequate and culturally appropriate Aboriginal
employment, Training and capacity packages, are essential
to implementing Aboriginal care, control and management
of Aboriginal national park land;
AND THAT Aboriginal positions and funding for those
positions within national park or marine park structures
should be negotiated directly with traditional
owners;
AND THAT Aboriginal management agencies already exist,
those positions should be immediately transferred to the
agencies to assist with capacity building to run national
parks.
- Compensation
THAT the Government recognise that Aboriginal owners are
entitled to compensation for all activity - past, present
and future - on Aboriginal land affecting Aboriginal
rights and we would seek negotiated outcomes rather than
litigation.
- Recognition of traditional knowledge of country
and traditional ownership
THAT the Government recognise that Aboriginal people are
the true and only decision makers regarding the
identification of Aboriginal traditional land owners and
the location of our traditional estates;
AND THAT Government has no role in the resolution of
internal disputes amongst Aboriginal people.
- Intellectual and cultural property rights
THAT the Government accept and recognise that Aboriginal
people hold Aboriginal scientific knowledge and own
intellectual and cultural property concerning land, air,
water and cultural resources;
AND THAT traditional owners are the holders of true
knowledge of country and that knowledge is of superior
status to Western academic systems of knowledge;
AND THAT bioprospecting using any form of Aboriginal
knowledge should only occur with the prior informed
consent of the traditional owners of that knowledge;
AND THAT Aboriginal intellectual property be protected by
formal agreement in every Aboriginal management
arrangement;
AND THAT traditional owners have the exclusive right to
control the use of cultural knowledge in the
interpretation and presentation of national parks.
- Cultural integrity
THAT the government recognise the landscape is integral
to Aboriginal cultural values;
AND THAT the Government provide resources for culturally
appropriate research to assist in the preservation and
recovery of Aboriginal cultural knowledge.
- Commercial rights in national parks
THAT Aboriginal land ownership provides a right to gain
an economic benefit from our land including, in
accordance with Aboriginal management plans, the
development of appropriate commercial enterprises on
Aboriginal national parks;
AND THAT, given the Government's promotion of the
commercial use of national parks, traditional owners be
guaranteed access to commercial opportunities, a first
right of refusal and benefits.
- Conflict resolution process including Aboriginal
process and independent arbitration
THAT a culturally appropriate conflict resolution process
for disputes between government and traditional owners
concerning national park management be created including,
where appropriate, independent Aboriginal arbitrators to
resolve conflicts which may arise in the management of
Aboriginal national parks.
- Cultural Heritage
THAT all cultural heritage control and management is
the exclusive right of Aboriginal owners and that
ownership and management arrangements in relation to
Indigenous cultural heritage be implemented in every
Aboriginal national park.
- Audit of existing condition of national park
land
THAT the government provide, prior to the settlement of
new Aboriginal tenure and management arrangements an
audit of the condition of natural values, fixed assets,
national park regional administration, recurrent budgets
and revenue generation of national park land in order for
Aboriginal owners to be able to make adequate
arrangements for the protection of these values and other
assets.
- Process for new parks
THAT no new national parks be created in Queensland
without the informed consent of traditional owners;
AND THAT where new parks are created with the informed
consent of traditional owners, the parks become a new
category of Aboriginal Conservation Estate.
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