|
|
|
|
|
|
|
Report on the NSW Government's Implementation of the Recommendations of the Royal Commission into Aboriginal Deaths in Custody
Aboriginal people to be consulted and involved in mining and tourism projects That mechanisms for the notification and determination of Aboriginal interests and major mining and tourism development proposals incorporate:
(b) a process of consultation and negotiation between representatives of government, the developer and representatives of the Aboriginal groups with an interest in the area affected by the proposal in order to facilitate participation by Aboriginal groups or communities in the equity, management and employment concerned with the projects. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Aboriginal Affairs; National Parks & Wildlife Services Implementation report The National Parks and Wildlife Act 1974 encourages developers to negotiate with Aboriginal groups and individuals in relation to the protection and management of Aboriginal sites and ‘relics’. There are no administrative or legislative requirements for developers to enter into negotiations with Aboriginal communities where native title or heritage protection issues are not raised. However, Aboriginal people’s views and aspirations may be taken into account in any general social assessment that is undertaken. Persons in favour of a project or consenting authorities may notify the National Parks and Wildlife Service (NPWS). It is the Service’s policy that where there is need to survey Aboriginal sites or perspectives, Aboriginal people should be involved in such surveys. However, the Service is primarily involved in the protection of Aboriginal sites and where Aboriginal people have a wider range of concerns, they may prefer to conduct their own negotiations in relation to the developments.
The National Parks and Wildlife Service, through its Aboriginal Heritage Division, is actively involved with the NSW Minerals Council in jointly developing and refining the NPWS standards and guidelines for Aboriginal cultural heritage assessments. The Manual will streamline and improve the effectiveness of how the Mining Industry in general will consult with Aboriginal communities affected by mining proposals. (2) Tourism Projects The NPWS involvement in tourism is generally limited to areas of land directly managed by the NPWS and usually falls within the NPWS’s overall natural and cultural heritage conservation functions. The NPWS regularly conducts Aboriginal heritage tourism ventures on NPWS land which involve and/or employ Aboriginal people. The NPWS usually notifies Aboriginal people of tourism ventures and involves them in negotiations where the ventures relate to Aboriginal culture, heritage and sites. In November 1997 the NPWS released for public comment a draft Nature Tourism and Recreation Strategy which aimed to provide directions and mechanisms for the improved management of visitors and their impacts on protected areas. Aboriginal people and groups were consulted in the preparation of the draft Strategy. Over 400 submissions were received in response to the release of the draft Strategy and the NPWS is currently finalising its review of the comments made. Aboriginal cultural heritage values are an intrinsic and important part of the value of many protected areas and the draft Strategy included recommendations to better protect Aboriginal cultural values and better manage Aboriginal cultural heritage tourism in partnership with Aboriginal people. The Aboriginal Discovery Program was delivered during 1998 with more than 40 Aboriginal guides trained to conduct guided tours in national parks. The program was extended and implemented with the support of the Foundation for National Parks and Wildlife. A highly successful Easter program was conducted. This program focused on Aboriginal Discovery: walks, talks and tours in three regional centres – Blue Mountains, Nowra and South Sydney. In National Aboriginal and Torres Islander Strait Day of Celebration (NAIDOC) Week 1998 the National Parks and Wildlife Service and Aboriginal communities participated in a statewide program. Activities and celebrations were developed for youth, Elders and Aboriginal communities. All developments in this area that the Department of Aboriginal Affairs has been a party to include the incorporation of local Aboriginal community concerns and cultural issues to ensure a more appropriate and inclusive outcome for all parties involved. This is particularly true of the work of the Registrar’s and Heritage and Natural Resources Divisions of the Department whereby procedures are utilized that best informs relevant parties about specific legislative requirements, Aboriginal communities that will be impacted upon and an appropriate process by which negotiations can proceed. Implementation status Partially implemented Future reporting in Part A
Involvement of Aboriginal people in decisions relating to National Parks That the recommendations submitted to the Conservation and Land Management meeting (held at Millstream on 6-8 August 1990) by representatives of Aboriginal communities and organisations be implemented in Western Australia upon terms to be negotiated between Aboriginal people and appropriate Aboriginal organisations and communities on the one hand and National Park authorities on the other so as to protect and preserve the rights and interests of Aboriginal people with cultural, historic and traditional association with National Parks. The recommendations proposed at the Millstream meeting were:
(b) The involvement of Aboriginal people in the development of management plans for National Parks; (c) The excision of areas of land within National parks for use by Aboriginal people as living areas; (d) The granting of access by Aboriginal people to National Parks and Nature Reserves for subsistence hunting, fishing and the collection of material for cultural purposes (and the amendment of legislation to enable this, where necessary); (e) Facilitating the control of cultural heritage information by Aboriginal people; (f) Affirmative action policies which give preference to Aboriginal people in employment as administrators, rangers and in other positions within National Parks; (g) The negotiation of lease-back arrangements which enable title to land on which National Parks are situated to be transferred to Aboriginal owners, subject to the lease of the area to the relevant State or Commonwealth authority on payment of rent to the Aboriginal owners; (h) The charging of admission fees for entrance to National Parks by tourists; (i) The reservation of areas of land within National Parks to which Aboriginal people have access for ceremonial purposes; and (j) The establishment of mechanisms which enable relevant Aboriginal custodians to be in control of protection of and access to sites of significance to them. Government’s original position: Supported Revised government position: Supported Agencies responsible for implementation: Department of Aboriginal Affairs; National Parks & Wildlife Services Implementation report (a) The National Parks and Wildlife Act 1974 (NPW Act) was amended in 1996 by the National Parks and Wildlife (Aboriginal Ownership) Amendment Act. The amendment provides a basis for the formal transfer of title of selected national parks and reserves to their Aboriginal owners and joint management of the lands as parks and reserves under lease agreements with the National Parks And Wildlife Service. The amendment identified five groups of parks and reserves as eligible for hand back. Biamanga National Park was subsequently added to the schedule of eligible parks as an outcome of the Eden Regional Forest Agreement. The Amendment Act also provides a mechanism for other park areas to be nominated for Aboriginal ownership. After 18 months of negotiations the Mootwingee Historic Site, Mootwingee National Park and Cotuarundee Nature Reserve were handed back to the Mutawintji Local Aboriginal Land Council on behalf of the Aboriginal owners on 4 September 1998. The lands have been leased back to the Government and the reserves were renamed Mutawintji in the process. A Board of Management containing a majority of Aboriginal owners has been constituted to exercise care, control and management of the reserves. Discussions have also commenced with Aboriginal people who have an interest in the Mount Grenfell Historic Site as a precursor to formal ownership negotiations. The NPWS through the Visions into the New Millennium Report has acknowledged that the Aboriginal people of New South Wales are the traditional custodians and owners of their own cultural information. This is extended to include their intellectual property rights over cultural objects. The NPWS is committed and actively involved, through the Aboriginal Heritage Division (AHD), in encouraging partnerships in joint heritage management projects. This is implemented under the NPWS Heritage Protection Program. The establishment of the AHD has resulted in the effective involvement of Aboriginal Cultural Heritage Assessments through the environmental impact assessment (EIA) process. This process involves the NPWS, the Department of Urban Affairs and Planning, the Department of Land and Water Conservation, local government and the mining industry. The NPWS is in the process of refining clear Aboriginal heritage management principles through the development of the Policy and Procedures Manual for Aboriginal cultural heritage in New South Wales. This is to include input and co-operation from the NSW Heritage Office in developing a more consistent approach to Aboriginal cultural heritage management across agency responsibilities. (b) The NPW Act provides for Plans of Management for the six listed parks (and any future parks) to be developed by the Aboriginal controlled Boards of Management. Plans of Management are also developed in relation to other parks, and Aboriginal heritage considerations are key elements of these plans. Aboriginal people are consulted and/or involved in their development. In accordance with the requirements of the Commonwealth Native Title Act, Plans of Management are formally referred to Native Title registrants for the lands concerned for comment before adoption. (c) As the primary functions of the NPWS are nature and heritage conservation, the excision of lands from parks and reserves for living areas is not considered by the NPWS to be consistent with its primary functions. The Mutawintji lease provides a basis for the Board of Management to plan for community development in the Park which includes residential housing. (d) The provisions of the National Parks and Wildlife Act and certain regulations made under the Aboriginal Land Rights Act 1983 allow for the implementation of this recommendation. The NPW Act makes specific provisions for the exercise of these rights by Aboriginal Owners and other Aboriginal people approved by the Aboriginal Owners. These provisions only apply to those park areas that come under Aboriginal ownership and joint management. (e) The National Parks And Wildlife Service is responsible for the conservation of Aboriginal sites and relics. Currently the NPWS is initiating the development of a new Aboriginal Sites Register database that will facilitate greater Aboriginal community access and control of information about Aboriginal sites and places. Information on Aboriginal Places held by NPWS is made available to Aboriginal people on request, free of charge. The NPWS is also involved in working with the NSW Aboriginal Land Council to return Aboriginal ancestral remains to community custodianship for reburial. The NPWS has responded to several reports from Aboriginal people and others of illicit trade of such material and has succeeded in securing the return of some remains from overseas. (f) The National Parks and Wildlife Service’s Aboriginal Employment and Training Plan ran from 1991-1997. Following its completion, the NPWS commenced a major evaluation of the plan. This evaluation looked at the achievements of the plan and its success in the areas of recruitment, retention, training and career development opportunities for Aboriginal people. It is expected that the evaluation will be available for distribution in the near future. (g) This has been implemented. Refer to response for part a. (h) The Tourism Policy Statement which is being finalised will address this recommendation. At present a range of fees and charges apply to the use of national park areas. (i) The National Parks and Wildlife Service is committed to further identifying and developing areas to be established as places where Aboriginal people may carry out traditional practices. This process involves an Aboriginal consultation program on an ongoing basis between the NPWS and Aboriginal groups. (j) This recommendation is implemented as far as it relates to those park areas under the NPW (Aboriginal Ownership) Amendment Act 1996. At present the Director-General of the National Parks And Wildlife Service has legal responsibility for protecting Aboriginal sites and declared Aboriginal Places under the National Parks and Wildlife Act. The Director-General can transfer ownership of relics to Aboriginal Owners, or vest the care, control and management of relics with approved organisations (such as Land Councils) for safekeeping. Following the National Parks and Wildlife (Aboriginal Ownership) Act 1996 the Department of Aboriginal Affairs has had extensive involvement in the negotiations for preparation and hand-back of Mootwingee National Park to the traditional owners. The precedent set by this hand-back should ensure a smoother process in future negotiations for the hand-back of other culturally significant National Parks (eg Lake Mungo National Park, etc). The Regional Forest Agreement processes also incorporate extensive local Indigenous community involvement in the negotiation of uses and management of the identified area. Implementation status Partially implemented Future reporting in Part A |
|
|
|