Government of South Australia Document ID: MPI F2019 000103
Hon Kyam Maher MLC Member of the Legislative Council Parliament House DX 56506 ADELAIDE SA 5000
Dear Mr Maher
Determination under the Freedom of Information Act 1991
I refer to your application made under the Freedom of Information Act 1991 received by the Office of the Minister, the Hon Tim Whetstone MP on 13 May 2019, requesting access to the following.
'Since 17 March 2018, copies of any and all documents (including but not limited to physical, electronic, or written briefs, minutes, emails, internal correspondence and any other correspondence) regarding the Buthera Agreement.'
Accordingly, the following determination has been finalised.
I have located nine documents that are captured within the scope of your request.
Determination 1
I have determined that access to the following documents is granted in full:
Doc No. Description of document No. of 7 h22B Pages Draft Narungga Nation — Traditional Fishing Agreement 40 C Buthera Agreement 30
Determination 2
I have determined that access to the following documents is granted in part:
Doc No. Description of document No. of Pages Email dated 8 February 2019 —Agenda Papers 32 2 Minute from Chief Executive (PIRSA) dated 18 February 2019 4
Office of the Minister for Primary Industries and Regional Development
Level 10, 1 King William Street Adelaide SA 5000 1 GPO Box 1671 Adelaide SA 5001 DX 667 Tel 08 8226 29311 Fax 08 8226 08441 [email protected] J
2A Letter from the Executive Director to Narungga Nation 1 Aboriginal Corporation dated 1 February 2019 3 Minute to the Premier of South Australia 4 4 Email from DPC:PCU to DTF:Treasurer and DPC:Premier 2 dated 17 December 2018 5 Australian Fisheries Ministers Meeting — Agenda Item 5 — 3 Indigenous Fishing Initiatives 8 Email from Tim Goodes (PIRSA) to Brad Perry dated 22 May 6 2018 9 Email from Brad Perry to Simon Price dated 29 May 2018 6
The information removed from the above documents is pursuant to Clause 6(1) of Schedule 1 of the Freedom of Information Act which states:
"6 - Documents affecting personal affairs (1) A document is an exempt document if it contains matter the disclosure of which would involve the unreasonable disclosure of information concerning the personal
The information removed pursuant to Clause 6(1) consists of the following:
• Employee details • Telephone numbers • Details of members of the public and identifiable information
It is considered that disclosure of this information would be an unreasonable intrusion into the privacy rights of the individuals concerned.
The remaining information removed from the following documents is outside of the scope of your request:
• Document 1 - Pages 1, 3-32 • Document 5 - Pages 1-3 • Document 8 — Pages 1-6 • Document 9 — Pages 1-6
Determination 3
I have determined that access to the following documents is refused:
Doc No. Description of document No. of Pages 6 Email from Scott Ashby (PIRSA) to Simon Price dated 1 May 2 2019 7 Email from Simon Price to Scott Ashby (PIRSA) dated 2 May 3 2019 The information removed from the above documents is pursuant to Clause 1 (1) (e) of Schedule 1 of the Freedom of Information Act which states:
"1 (1)— Cabinet documents (e) if it contains matter the disclosure of which would disclose information concerning any deliberation or decision of Cabinet"
Disclosure of these documents would reveal information concerning matters to be deliberated by Cabinet.
In accordance with the requirements of Premier and Cabinet Circular PC045, details of your application, and the documents to which you are given access, will be published in Minister Whetstone's disclosure log. A copy of PC045 can be found at http://dpc.sa.gov.au/ data/assets/pdf file/0019/20818/PC045-Disclosure-Log- Policy. pdf
If you disagree with publication, please advise the undersigned in writing within fourteen calendar days from the date of this determination.
If you are dissatisfied with this determination, you are entitled to exercise your right of review and appeal as outlined in the attached documentation, by completing the "Application for Review of Determination" and returning the completed form to:
Freedom of Information Principal Officer Office of the Minister for Primary Industries and Regional Development GPO Box 1671 ADELAIDE SA 5001
Should you require further information or clarification with respect to this matter, please contact Mr Simon Price, Chief of Staff on 8226 2931 or email: [email protected].
Yours sincerely
Fiona Bond Accredited Freedom of Information Officer OFFICE OF THE MINISTER FOR PRIMARY INDUSTRIES AND REGIONAL DEVELOPMENT
I /2019 Bond, Fiona (PIRSA)
From: Pedersen, Nancy
Dear Carola
Please find attached the Agenda and Agenda Papers for the 5th Australian Fisheries Ministers Meeting (AFMM5) on Friday, 15 February 2019 in Melbourne.
They include Agenda Papers for: 4th - Agenda Item 2— Progress on Outcomes of the Fisheries Ministers Meeting - Agenda Item 3 (NSW) — OceanWatch Master Fisherman Program - Agenda Item 5 — Indigenous Fisheries Initiatives - Agenda Item 6 — Aquatic Animal Welfare - Agenda Item 7 — Marine Biosecurity - Agenda Item 8 — US Requirements for Seafood Trade - Agenda Item 8 — Attachment - US MMPA List of Australian Fisheries Please note, there are no Agenda Papers for Items 1, 3, 4 and 9.
Also attached is a draft Attendance List. Some Ministers on the apologies list have indicated that they will be represented by officials. An updated Attendance List will be provided at the meeting.
know the meeting will be at the Commonwealth Parliament Offices, 4 Treasury Place, Melbourne (Ground . iou Floor Conference Room G.38).
I have cc'd this email on to Mr Mehdi Doroudi to assist with the briefing for Minister Whetstone.
Kind regards
47affeg Pdoweff
Fisheries Governance and Environment I Fisheries I AgVet Chemicals, Fisheries and Forestry (MonTuesWed 930am-430pm; ThursFri 930am-230pm)
•" '•.><((((°>•„••" •••••,><((((o>
Phone +612 6272 4733
Department of Agriculture and Water Resources 18 Marcus Clarke Street, CANBERRA, ACT, 2601, AUSTRALIA GPO Box 858, CANBERRA, ACT, 2601, AUSTRALIA
1 agriculture.gov.au
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5TH FISHERIES MINISTERS MEETING AGENDA 1— 3PM, 15 FEBRUARY 2019 ROOM G38, GROUND FLOOR, MELBOURNE COMMONWEALTH PARLIAMENT OFFICES, 4 TREASURY PLACE, EAST MELBOURNE Lunch will be served prior with the Australian Forestry Ministers
Item
1. 1:00 Open and Welcome
2. 1:05 - 1:10 Progress on outcomes of the 4th Fisheries Ministers Meeting (1 December 2017)
3. 1:10 — 1:55 States, Territory and New Zealand Jurisdictional Updates Includes Papers for Noting: Opera House Nets (Victoria); and Ocean Watch Master Fisherman Program (NSW). An opportunity for further discussion at 9. Other, if time permits.
4. 1:55 — 2:10 Commonwealth Update a) Report of the 1st Meeting of the National Fishing Advisory Council b) Report of the 2nd meeting National Recreational Fishing Council c) Release of revised Commonwealth Fisheries Harvest Strategy and Bycatch Policies d) Southern Bluefin Tuna e) Australian Marine Parks — Fisheries Assistance and User Engagement Package f) National Plan of Action for Minimising the Incidental Catch of Seabirds in Australian Capture Fisheries (NPOA-Seabirds) g) Aquaculture in Commonwealth Waters h) Transitioning of Northern Joint Authority Fisheries i) National Recreational Fishing: Social and Economic Survey
5. 2:10 — 2:30 Indigenous Fisheries Initiatives
6. 2:30 — 2:45 Aquatic Animal Welfare
7. 2:45 — 2:50 Marine Biosecurity
8. 2:50 — 2:55 US Requirements for Seafood Trade
9. 2:55 — 3:00 Other Close For Official Use Only
Meeting of Fisheries Ministers 15 February 2018 r- "-AGENDA PAPER gehda Item 2
Agenda Topic: PROGRESS ON OUTCOMES OF THE FOURTH FISHERIES MINISTERS MEETING
Recommendations
That Ministers:
1. NOTE progress on the agreed actions from the fourth Fisheries Ministers Meeting.
Key Issues
1. The outcomes against the agenda items at the 4th Fisheries Ministers meeting were noted in the meeting summary.
2. No substantive action items were agreed at the 4th Fisheries Ministers meeting.
3. Progress on the agenda items from the last meeting are largely ongoing. The progress of each of these items is summarised at Attachment A.
4. Most of these items will be discussed in more detail in the Commonwealth Update (agenda item 4) or at the relevant agenda item.
Attachments
Attachment A: Updates on progress against the outcomes of the 4th Fisheries Ministers meeting.
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Attachment A
Outcomes from fourth meeting Status National Carp Control Plan Program Update
1. Ministers NOTED the ongoing progress with The development of the National Carp development of the National Carp Control Control Plan program has been extended by Plan. 12 months to late 2019 to allow FRDC time to incorporate additional research and 2. Ministers NOTED future need to consider a stakeholder engagement. options for resourcing activities associated with implementation, if approval is granted under relevant legislation in late 2018.
Southern Bluefin Tuna (SBT) 1. Ministers NOTED the recent decisions taken The states continue to work with the Commonwealth this by the Commonwealth on the allocation of government on issue. Australia's southern bluefin tuna (SBT) catch. Discussions, including on the MoU, are ongoing. 2. Ministers SUPPORTED the national survey of recreational fishing for SBT to inform future This topic will be covered further in the fisheries arrangements and education Commonwealth Update. program that will promote responsible fishing of SBT. 3. Ministers AGREED to continue to work together on arrangements for managing recreational catch of SBT that would be formalised through a Memorandum of Understanding outlining the principles and obligations on parties for resource sharing arrangements for SBT between the commercial and recreational sectors; with a view to completing the MoU in the first quarter of 2018. 4. Ministers SUPPORTED continued discussions at officer level on constraining recreational catch as part of the MOU.
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Productivity Commission Review of Marine Fisheries and Aquaculture and Offshore The Northern Joint Authority Fisheries have Constitutional Settlement (OCS) been working towards single jurisdiction Arrangements arrangements. 1. Ministers NOTED that the Australian Fisheries On 1 December 2018 WA Fisheries Joint Management Forum (AFMF) is developing a Authority Southern Demersal Gillnet and collaborative cross-jurisdictional strategy and Longline Fishery transitioned to WA implementation plan to progress relevant jurisdiction. recommendations around the matters of: Further transitions for NT and Queensland Offshore Constitutional Settlement Fisheries Joint Authorities are anticipated Arrangements, shared fish stocks and within the coming weeks. resource sharing.
National Plan of Action for Minimising the Incidental Catch of Seabirds in Australian The NPOA for Seabirds was released in Capture Fisheries October 2018 following the endorsement by 1. Ministers NOTED the important contribution the state and the Northern Territory national policies provide toward supporting ministers via letter. the healthy and sustainable fishing industries, The Department of Agriculture and Water by promoting Australia's world class fisheries Resources has developed a draft management regimes and international Implementation Plan and draft reporting seafood brand. templates for consideration by the Australian Fisheries Management Authority its 2. Ministers AGREED to an out-of-session at next meeting in 2019. process to endorse the National Plan of Action for Minimising the Incidental Catch of Seabirds in Australian Capture Fisheries (NPOA-Seabirds).
Aquaculture in Commonwealth Waters 1. Ministers NOTED the Australian Government The Department of Agriculture and Water consulting with Australian is considering options to manage potential Resources is conflicts between aquaculture operations and Government agencies (Prime Minister and existing resource users in Commonwealth Cabinet, and Department of Industry, waters, whilst still devolving day to day Innovation and Science) on options to management and approvals to the states and implement this commitment that also the Northern Territory governments, considers the interests of the oil and gas industry. The department will need to formally consult with state and NT ministers on any revised approach. United States Requirements for Seafood Trade States have been cooperating with the 1. Ministers AGREED to their relevant Australian government by providing jurisdictions continued support in providing information. Continued support is sought. timely and accurate data and information to United States requirements for Seafood the Department of Agriculture and Water Trade will be discussed under agenda item 6.
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Resources in regards to requests from the United States on seafood trade. 2. Ministers NOTED the Australian Government coordinated and provided the US Government a response to the US List of Foreign Fisheries where US authorities have classified Commonwealth, state and territory fisheries as 'exempt' or 'export'. Commonwealth Fisheries Bycatch and Harvest Strategy Policies These revised policies were released in 1. Ministers NOTED the importance of harvest November 2018. and bycatch policies as a method of ensuring The implementation of these policies ensures ecologically sustainable development, and the that Commonwealth fisheries management importance of sustainability for all reflects international best practice and jurisdictions, including in enabling the social provides certainty for commercial fishers and licence for fishers to operate. the marine environment. Marine Biosecurity Implementation of the ballast 1. Ministers NOTED the introduction of new new water regulations ballast water regulations on September 8, are ongoing. 2017 and that the regulations create strengthened biosecurity arrangements for minimising ballast water risks in all states and territories. The department is working towards releasing 2. Ministers NOTED the progress in the development of the department's proposed a draft biofouling policy and regulatory vessel biofouling requirements and that the impact statement in 2019. DAWR is continuing to work closely with the Western Australian Department of Fisheries on consistency in policy settings. 3. Ministers NOTED the progress across The department is conducting enhanced governments in response to the detection of testing on prawns and continues to monitor White Spot disease in Queensland prawn farms. the prawn trade to ensure only approved entities import prawns and that the 4. Ministers NOTED to develop progress an enhanced import conditions are working. agreement between industries and governments for responses to emergency An aquatic deed is being developed with a aquatic animal diseases (Aquatic Deed). final draft expected in the middle of 2019.
Country of Origin Labelling (CoOL) 1. Ministers NOTED the Australian Government Consideration on the merits of implementing has been pursuing considerations about the a national CoOL scheme for seafood sold for possible merits of implementing a national immediate consumption is ongoing. CoOL scheme for seafood sold for immediate consumption in the food services sector.
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2. Ministers NOTED that in the meantime, some states are interested in, and actively pursuing, a CoOL scheme for seafood sold for immediate consumption in the foodservices sector at the jurisdictional-level.
Other Business N/A 1. Ministers NOTED the value in endorsing schools based education programs that promote the adoption of sustainable fishing practices.
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Meeting of Fisheries Ministers 15 February 2018
AGENDA PAPER
Agenda Item 3 (NSW)
Agenda Topic: OCEAN WATCH MASTER FISHERMAN'S PROGRAM (NSW)
Recommendations
That Ministers:
1. NOTE the program's extension and expansion in NSW and consider the potential benefits of supporting its roll out in their jurisdictions.
I Key Issues
1. During 2013-2014 OceanWatch Australia undertook an FRDC funded project: Professionalising Industry: NSW Pilot, designed to enhance the knowledge, skills and professionalism of NSW commercial fishers. The pilot project saw 58 estuary fishers trained and assessed to each become an 'OceanWatch Master Fisherman'.
2. A key aim of the program is improving the profile of industry by focussing on the importance of professional behaviour, as well as providing fishers with a greater appreciation of environmental, other fishing sector, seafood consumer and community perspectives.
3. Since inception, the training program has been facilitated by OceanWatch Australia with assessment overseen by the NSW Fishing Industry Training Committee, with funding from FRDC and Australian marine NRM grant funding. The program is linked to the National Seafood Industry Training Package and Industry Codes of Practice. In particular there is training and assessment for the unit: Participate in environmentally sustainable work practices, from the National Package.
4. The program is centred around responsible practices and attitudes. Specialist training includes quality assurance, bycatch reduction, animal welfare, threatened species management, catch documentation, marine pest management, habitat, pollution, indigenous fishing and workplace health and safety.
5. The program is supported by the NSW Fishing Industry Training Committee, NSW DPI, Master Fish Merchants' Association, Professional Fishermen's Association, NSW Co-ops Association and the Sydney Fish Market.
6. A feature of the program is a website (http://masterfishermen.oceanwatch.org.aun that includes individual Master Fisherman profiles with the region fished; methods used; species supplied to market and training credentials. There is also a range of sustainability related information including stock status and industry codes of practice, as well as recipes to promote seafood consumption. Master Fishermen are provided with a unique OR code which can be used to label their product. This enables consumers to access all the above information.
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7. In recognition of the continuing need for and value of the program, the NSW Government recently committed up to $800,000 over four years to extend and expand the program to include new modules such as electronic catch reporting and working in sensitive areas such as marine parks. Three regional training workshops were rolled out in 2018, with more planned this year. OceanWatch have reported very positive feedback from fishers participating in the program.
8. While the program covers various aspects included in existing programs and schemes (such as Environmental Management Systems, Best Management Practice, Codes of Practice and third party certification etc.) there remains a strong emphasis on building community understanding and acceptance of commercial fishing. The program is delivered in a way that makes it relevant to any jurisdiction as it takes existing regulations and describes their intent and practical implication for fishers and the community.
9. The framework of the Master Fisherman Program is adaptable to all Australian fisheries and Ministers are encouraged to consider the benefits a tailored and accredited program may provide in their jurisdiction.
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Meeting of Fisheries Ministers
15 February 2018
AGENDA PAPER
Agenda Item 5
Agenda Topic: Indigenous Fisheries Initiatives
Recommendations
That Ministers:
1. NOTE the paper.
2. DISCUSS recent major initiatives that have proven successful in progressing the participation of indigenous people in fishing businesses, and improved engagement and involvement in management.
Key Issues
1. At the December 2014 meeting, Fisheries Ministers agreed to share information on initiatives to support indigenous fishing development opportunities. An update was provided at the April 2016 meeting however it is timely to review progress and update Ministers on any significant initiatives.
2. Many Indigenous communities are interested in developing fisheries related businesses on-country to further their economic development, and also seek better engagement around the use of aquatic resources and an increased role in the management and monitoring of fisheries.
3. This has seen the development of a range of initiatives nationally and across each jurisdiction, which have increased agency, industry and broader community recognition of Indigenous people as an important sector of the seafood industry.
4. Is some areas the aspirations of indigenous communities may not be matched by the delivery of outcomes or 'real change', which has led to suggestions of legal challenge over the extent and nature of indigenous rights and interests over sea country.
5. It must be acknowledged that the incorporation of traditional customs and law into an established fisheries legal framework is a complex and challenging policy area. However there are significant opportunities to deliver real change and improved outcomes for both the indigenous sector and fisheries more broadly in a collaborative manner.
6. The Fisheries Research and Development Corporation, through its Indigenous Reference Group, has funded a range of research and development projects to address indigenous priorities and increase Indigenous participation in the seafood sector. In order to ensure policy and investment in programs are successful, there has also been an increasing focus on capacity building in range of areas including commercial fishing skills, aquaculture, certified training and support of marine rangers in fisheries monitoring and compliance, and skills to participate in fisheries management committees and forums.
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7. Some notable initiatives include:
Northern Territory
a. Traditional fishing activities undertaken by Aboriginals in the NT are managed by Traditional Owners and are exempt from the provisions of the Fisheries Act. The focus of NT programs is on increasing economic development opportunities in fishing related activities and involvement of aboriginal people in fisheries monitoring and management.
b. NT's Aboriginal Marine Ranger Program provides training and supports marine ranger groups to actively manage their sea country, including participation in research projects and active compliance patrols in partnership with Fisheries Officers (NT Police). Following the 2017 amendments to the Fisheries Act, Marine Rangers can be appointed as Fisheries Inspectors with statutory powers. The first six Fisheries Inspectors were appointed in May 2018, an extremely positive outcome for Government and Aboriginal People. The transition of Land and Sea Rangers from Cert II students to qualified and appointed Inspectors represents the development of an innovative and effective career path for Aboriginal people.
c. The Aboriginal Coastal Licence (ACL) allows Aboriginal people in coastal communities to develop small-scale commercial fisheries (without having to buy an existing commercial licence). Supported by Fisheries NT's Aboriginal Fishing Mentor Program, ACL holders are increasing their catches and supplying fresh sustainable seafood into remote communities, with employment, social and health based outcomes.
d. Aboriginal aquaculture development is being supported through research projects focusing on low technology, sea-based methods and involving communities across the Territory. Tropical oyster aquaculture research is being conducted in partnership with communities on South Goulburn Island and the Tiwi Islands. This involves local people in the maintenance of oyster production trials, water quality monitoring and recording the growth and survival of farmed oysters
Victoria
e. Victoria is working with Indigenous communities on a range of initiatives. In the south west, it is exploring future commercial opportunities for the Gunditjmara to access the pipi fishery. Victoria has provided aquaculture leases for Indigenous interests in Port Phillip Bay. Native title holders are exempted from having to hold a Recreational Fishing Licence and the new native fish hatchery in Shepparton will have a strong focus on Indigenous employment opportunities once it is operational.
Tasmania
f. Fisheries activities are central to the identity, culture and wellbeing of Aboriginal Tasmanian communities. The Living Marine Resources Management Act 1995 and associated rules, exempt Aboriginal Tasmanian people from needing licences to undertake certain Aboriginal cultural fisheries activities involving the use of the sea and its resources, such as taking of shellfish, scalefish, rock lobster and giant crab. The Act also provides for permits to be issued to allow for Aboriginal cultural and ceremonial activities that would otherwise contravene the Act such as those that relate to bag limits and seasonal closures. A recent FRDC funded project led by Dr Emma Lee has
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identified opportunities for improvement of Aboriginal access to cultural fishing activities. Those initiatives are now under review within the context of the Government's "Resetting the Relationship" policies.
Queensland
g. QLD's Sustainable Fisheries Strategy includes actions to work with indigenous communities to provide advice on fisheries issues and develop policies around traditional fishing and commercial fishing development.
h. During 2018, new cultural liaison officers were identified within the Queensland Boating & Fisheries Patrol and have focused on developing relationships. A key part of their role is to work with local ATSI communities at a local level to provide information and liaison. In addition, Fisheries Queensland has partnered with the Land & Sea Ranger program delivered through the Department of Environment and Science and Great Barrier Reef Marine Park Authority.
i. A Bill which seeks to amend the Fisheries Act, proposes to recognise the interests of key stakeholder groups. This will clarify that ATSI are a key stakeholder of fisheries management in Queensland. j. In 2019, work will focus on developing, consulting and formalising policy work. This aims to recognise traditional fishing and its importance to ATSI communities — a key part will be community education. A second policy will provide that, where sustainable, a separate allocation is set for ATSI commercial fishing development in harvest strategies which can be accessed through a Temporary Indigenous Fishing Permit. The aim is to also connect permit holders with other Queensland Government programs to support the development of viable fishing businesses and transition to permanent commercial fishing. This clarifies and expands on an existing scheme currently available under the Fisheries Act.
South Australia k. PIRSA Fisheries & Aquaculture appointed a Manager of Aboriginal Traditional Fishing in January 2017 to deliver on the legislative requirements of the Fisheries Management Act 2007 in relation to the development of Traditional fisheries management arrangements and provides a dedicated position for ongoing engagement with Aboriginal communities regarding their fishing interest and rights. The position also complements PIRSA's Aboriginal Fisheries Officer Career Pathway Program by providing a central point of contact for Aboriginal communities who are seeking economic and social opportunities in fisheries and aquaculture.
I. PIRSA's Aboriginal Fisheries Officer Career Pathway Program was established in 2016 to provide the opportunity for Aboriginal people from their respective Sea country and communities to assist PIRSA to support and manage the State's aquatic resources. To date three of the four first cohort of trainees have successfully completed the two year program and have transitioned into Fisheries Officer positions across the state, with the fourth trainee expected to complete the program mid-2019. A second cohort of trainees has commenced with two new trainees appointed to the program in October 2018, and who are expected to transition into Fisheries Officer positions by November 2020.
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m. In February 2018 an agreement between Narungga Peoples and the Government of South Australia, called the Buthera Agreement, was signed. The intent of this agreement is to establish a respectful and constructive relationship to assist Narungga People to secure cultural, social and economic well-being. Included in the Agreement are a number of economic development / business opportunities, included fisheries and aquaculture initiatives that PIRSA are developing in consultation with Narungga. Such as the development of a Narungga Fishing Company, with initially a developmental permit to harvest Turbo shell, and will eventually include other fishery licences. PIRSA are also developing a Narungga Nation Traditional Fishing Agreement in consultation with Narungga as part of the Buthera Agreement to assist in providing a strategy for culturally appropriate sustainable aquatic resource management in Narungga waters. n. PIRSA are the lead agency of a FRDC Indigenous Reference Group (1RG) funded project that includes series of national workshops in 2019 that aims to develop culturally appropriate methodologies to collect Aboriginal and Torres Strait Islander catch and participation data on fishing that can be used at various scales, for utilisation of all of Australia's jurisdictions to better inform multi-sectorial decision making process. The workshops will include participation from jurisdictional agencies, and Aboriginal and Torres Strait Islander from their respective states and territories.
Western Australia o. Policy guidelines for Aboriginal Community Fishing Licences have been in place since 1993, and outline considerations relevant to issuing new, non-transferable licences to remote Aboriginal communities to allow for commercial fishing on traditional sea country for trochus, mud crab and sea cucumber. In relation to mud crab in northern Western Australia, there has been formal allocation of 600 non-transferable traps for use by Aboriginal communities, which represents 50% of commercial access to the mud crab fishery. Three aboriginal communities already utilise 210 traps of this allocation, however further business development support is required. Through the Department of Primary Industries and Regional Development's Aboriginal Economic Development team, an implementation strategy to allocate the remaining traps and support business capacity and development is progressing. p. Over the last few years the Department of Fisheries has delivered aquatic biosecurity workshops to more than 150 rangers throughout the Kimberley and Pilbara, supported by the Kimberley Land Council, the Department of Parks and Wildlife and the Department of Agriculture and Water Resources. The workshops raised awareness about biosecurity issues and provided a practical approach on what to do if a suspected aquatic pest or disease is found. The basis for an ongoing partnership between the Department and Indigenous ranger groups was established as a result. q. The creation of Aquaculture Development Zones along the Western Australian coast has provided opportunities to increase indigenous participation in aquaculture. Aarli Mayi Aquaculture Project Pty Ltd, is a four-way joint venture that includes three traditional owner groups, has been granted an aquaculture licence and lease for a site within the Kimberley Aquaculture Development Zone. Aarli Mayi is currently finalising a bankable feasibility study it proposes to use to raise the funding needed to develop a commercial marine finfish farm at the licensed site.
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New South Wales
r. The significance of fisheries resources to Aboriginal people is formally recognised in NSW legislation. Arrangements providing for extended access to fisheries resources for cultural purposes are in place including; additional daily take limits of fish and shucking of invertebrates adjacent to waters, as well as specific permitting and order making provision to accommodate access to resources beyond what the daily access arrangements provide for. This is complemented by arrangements through marine park zoning and application of memorandum of understanding with Aboriginal people in regards to cultural use of resources. The trialling of a local management approach for cultural fishing access is also being undertaken. Under the trial, Aboriginal communities in an area are identifying their aspirations for resource access, which in consultation with the department though independent facilitation will see a Cultural Fishing Local Management Plan address all the fishing arrangements applicable to those communities' access to the resource. The trials are planned to run for two years from implementation. s. A cultural awareness program was run in 2017/18 seeing all Fisheries staff able to develop their capacity to engage with Aboriginal people in the course of their work and beyond. Community engagement was included in the sessions seeing exploration of issues affecting relationships between Aboriginal people and the agency in management of resources. Cultural awareness training is available to all through ongoing commitment at broader agency level and future Fisheries specific cultural awareness training remains supported as well. t. The Aboriginal Fishing Trust Fund had its inaugural funding round in 2017/18. The Trust Fund has been established to protect and promote cultural fishing access and support new business opportunities, as well as existing businesses associated with fisheries resources. Also in the context of supporting Aboriginal owned businesses, commercial fishing operations are provided with fee relief through a further initiative which recognises the support given to communities by distributing catch to community for free as part of cultural practice. Specific attention is also being given to inland aquaculture and its potential to provide economic development opportunities for Aboriginal communities. A targeted inland aquaculture strategy is being developed for Aboriginal communities, which includes capacity building related to operations, extension services and encouraging mentoring by, and possibly partnering with, existing operations. u. A recent initiative in NSW that captures the interests of and supports Aboriginal people is the Marine Estate Management Strategy. Funding in support of the strategy will ensure Aboriginal people's participation in Sea Country management, with employment and training to be provided. Opportunities for cultural tourism in marine parks is also being explored. Local area programs drawing on cooperative arrangements with other agencies and community organisations are also seeing capacity building take place, such as the boat licence course delivered on the NSW South Coast. Capacity building is key in further development of programs such as a ranger program.
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Australian Government Australian Fisheries Management Authority (AFMA) v. As a result of amendments to Commonwealth fisheries legislation in 2017, AFMA must ensure that the interests of commercial, recreational and indigenous fishers are taken into account when managing Commonwealth commercial fisheries. To assist this, AFMA's Management Advisory Committees and its Resource Assessment Groups, the principle management and scientific advisory bodies, will include more members from the recreational and Indigenous fishing sectors. AFMA is currently scoping the nature and extent of Indigenous fishing interests in Commonwealth fisheries and considering the means by which Indigenous fishing interests can be considered in ongoing fisheries management. AFMA has approached relevant Land Councils seeking assistance to identify the nature and extent of Indigenous fishing interests in Commonwealth fisheries. w. AFMA has been working with the Department of Prime Minister and Cabinet and other federal government agencies to explore opportunities under the government's Capacity Building for Indigenous Rangers Strategy (CBIRS). The strategy aims to build the capacity of Indigenous ranger groups across Australia and ensure they have the technical and leadership skills needed to develop as land and sea rangers and to improve job opportunities. AFMA sees considerable benefits in the sea ranger program delivering a range of fisheries management services in Torres Strait on behalf of Protected Zone Joint Authority (PZJA) agencies (domestic fisheries) as well as to AFMA in support of work to combat illegal foreign fishing and the domestic compliance program.
Torres Strait x. Significantly, the PZJA has recently determined a statutory fisheries management plan that will allocate the majority of quota rights to Traditional Inhabitants in the Tropical Rock Lobster Fishery. Initially the quota units will be held in trust by the Torres Strait Regional Authority (TSRA) with this arrangement to be reviewed within two years. Work is underway by the TSRA, in consultation with Traditional Inhabitants, to establish a Traditional Inhabitant-controlled entity to hold their quota units. The entity, controlled by Traditional Inhabitants, will then be able to make decisions about how those commercial fishing rights are used. y. The PZJA formal advisory committees each comprise five Traditional Inhabitants from across the Torres Strait, providing opportunity for Traditional Inhabitants to engage directly in management processes. Funded by TSRA, training is provided to Traditional Inhabitants on fisheries management as well as roles and responsibilities. z. AFMA, as the PZJA delegate, implements key PZJA licensing policies designed to promote employment opportunities for Traditional Inhabitants. Under these policies, Traditional Inhabitants have open access to all fisheries.
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Background
8. At a national level the Fisheries Research and Development Corporation (FRDC) established an Indigenous Reference Group (IRG). The IRG members are appointed based on expertise, span all jurisdictions within Australia and provide recommendations on strategic Research, Development and Extension (RD&E) priorities for Indigenous interests in the seafood sector. Through a series of national forums involving Indigenous representatives from across Australia, the IRG established five overarching RD&E priorities spanning primacy, acknowledgement of cultural practices, economic development from use of resources on-country, and enhanced capacity building.
9. The aspirations of indigenous people in fisheries is also increasingly being recognised across many jurisdictions in specific policies and programs.
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Meeting of Fisheries Ministers
15 February 2018
AGENDA PAPER
Agenda Item 6
Agenda Topic: AQUATIC ANIMAL WELFARE
Recommendations
That Ministers:
1. NOTE the Australian public's heightened sensitivity around animal welfare and consider the implications for the fisheries and aquaculture industries.
2. AGREE that jurisdictions work cooperatively through AFMF where possible to progress potential approaches to address aquatic animal welfare considerations and harmonise aquatic animal welfare legislation to ensure consistency on taxonomic coverage and definitions.
Key Issues
1. The Australian public's view on how animals should be treated has advanced to the point where they expect to see more transparent and effective animal welfare regulation and more stringent business and industry accountability. 2. Well-resourced and media savvy lobby groups are highly effective in shaping policy agendas around animal welfare. This challenges governments to be proactive in addressing emerging animal welfare concerns. 3. Each State and Territory is responsible for its own animal welfare legislation. There is significant variation in the regulatory approaches of Australian government jurisdictions with respect to animal welfare. Further, the definition of an 'animal' across States and Territories is inconsistent.
4. Public opinion surveys, backed up by quantitative research, suggests heightened sensitivities and animal welfare concerns around mammals that are agrarian farm animals like cattle, sheep, goats, pigs, and to a lesser extent, chickens compared to other sentient beings. While fish and crustaceans do not currently generate strong public opinion, there is still evidence of public concerns around welfare. 5. Some specific aquatic animal welfare concerns include:
- prawn eyestalk ablation - parasitic infections, diseases and debilitating injuries sustained in unhygienic and cramped aquaculture farms - ornamental fish captured from the wild with the use of cyanide as a stunning agent - injecting fluorescent dye into ornamental fish to alter their genetic makeup or make them more attractive 6. While there is no national standard for aquatic animal welfare, the Aquatic Animal Welfare Working Group's 'Overarching Principles for Aquatic Animal Welfare' can be as a basis upon
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which to build consistent approaches for developing best practice guidelines to achieve animal welfare.
7. Consideration needs to be given to proactively managing animal welfare agendas for our wild-capture and aquaculture industries to maintain community trust and safeguard our valuable seafood markets. 8. Internationally, aquatic animal welfare is being reflected in regulatory frameworks which has the potential to impact on market access. For example, Norway's Aquaculture Act prescribes that aquaculture facilities be sufficiently staffed with persons capable of ensuring the welfare of fish — certified through practical and theoretical training which has been approved by Norway's Food Safety Authority. The Department of Agriculture and Water Resources is keeping a watching brief on these developments. Background
9. The increased focus on animal welfare is closely aligned to the public's interest in animal sentience and related capabilities.
10. If there is acceptance that animals are sentient and possess certain capabilities, it follows that these capabilities should be safeguarded through the adoption of rights and freedoms - particularly the right not to be subjected to unnecessary pain and suffering by way of thirst and hunger, injury and disease, fear or distress.
11. Research suggests some level of sentience among finfish, crustaceans, cephalopods and cartilaginous fish. However it is unclear whether these species feel pain.
12. Independently, it is in the interests of aquatic industries to invest in the safe handling and treatment of our seafood resources due to the relationship between pre-harvest stress and the quality of post-harvest flesh.
13. The Aquatic Animal Welfare Working Group (AAWWG) was established under the 2005 Australian Animal Welfare Strategy (AAWS) for the purpose of protecting and promoting the welfare of all Australian animals, including aquatic animals.
14. AAWWG representatives included each of the national peak bodies for each aquatic sector, along with representatives from Animals Australia, RSPCA, state/territory governments and independent animal health science.
15. The AAWWG was able to confirm that existing sector codes of practices and guidelines designed to maximise fish quality were extremely well placed in meeting fish welfare outcomes. The AAWWG'S report 'minimise stress from capture to slaughter' (collated in FRDC Project No 2013-049 —Aquatic Animal Welfare in Perspective) provides guidance for the commercial capture fishing, aquaculture, recreational fishing, and ornamental fish sectors, and for restaurants holding live fish to improve aquatic animal health outcomes.
16. The Northern Territory has recently strengthened its existing regulatory framework for animal welfare by broadening the definition of 'animal' to include all bony fish, cartilaginous fish, crustaceans and cephalopods.
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17. The definition of an 'animal' across the States and Territories is inconsistent. (eg. Cartilaginous fish State or Vertebrate Crustaceans Cephalopods Territory Finfish squid and octopus) (Sharks and rays)
ACT Yes Yes, only when Yes No intended for human CO nsumption
NSW Yes Yes, only when at a No No building or place (e.g restaurant)
NT Yes Yes Yes Yes
QLD Yes Yes Yes No
SA No No No No
TAS Yes No No No
VIC Yes Yes, but only No No lobsters, crabs and crayfish
WA No No No No
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Meeting of Fisheries Ministers
15 February 2018
AGENDA PAPER
Agenda Item 7
Agenda Topic: MARINE BIOSECURITY
Recommendations
That Ministers:
1. NOTE the ongoing implementation of the domestic ballast water regulations.
2. NOTE the progress made in the development of mandatory vessel biofouling requirements.
3. NOTE the progress across governments in response to the detection of White Spot Disease in OLD prawn farms.
4. NOTE progress to develop an agreement between industries and governments for responses to emergency aquatic animal diseases (aquatic deed).
5. NOTE the ongoing implementation of recommendations in the Senate and Inspector General of Biosecurity 's reviews into biosecurity controls for uncooked prawns.
Key Issues Ballast Water: 1. Australia's ongoing implementation of the International Convention for the Control and Management of Ships' Ballast Water and Sediments (the Convention) and domestic ballast water requirements protects our marine environment and marine industries from the impact of introduced marine pests and disease that may be translocated through ballast water.
2. The department inspects internationally arriving vessels and those moving domestically between Australian ports to ensure compliance with the requirements. Domestic inspections are conducted by the department in each state and territory and are in addition to vessel inspections conducted on international vessel arrivals.
3. The department is gathering feedback and data on the operational experiences of vessels, to inform and provide insights to the International Maritime Organization (IMO) during the Experience Building Phase of the Convention. The Experience Building Phase will monitor systematic compliance issues with the Convention, and may result in amendments to the Convention. The department will continue its engagement at the IMO to ensure Australia's interests are considered in future amendments to the Convention.
4. The department is conducting a project to undertake ballast water sampling on vessels arriving in the port of Fremantle until June 2019. The results of this project will be provided to the IMO to inform future amendments. It is critical that an appropriate sampling regime
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is implemented to provide confidence that ballast treatment systems remain an effective biosecurity control for Australia.
Biofouling:
5. The department is working towards the release of a draft biofouling policy and associated regulation impact statement (RIS) in 2019. Implementation of an effective biofouling management regime is critical for minimising the transfer of invasive aquatic species.
6. The preferred biofouling policy position is that all vessels arriving into Australian territory implement proactive strategies to minimise biofouling. The policy will be consistent with:
o The recommendations of the department's 2015 Review of National Marine Pest Biosecurity
o The recommendations of the 2015 Senate inquiry on environmental biosecurity, and o The approach of the International Maritime Organization, and its biofouling management guidelines framed on the use of biofouling management plans and biofouling record books.
7. The following activities have been undertaken to support biofouling policy development:
o An in-water pilot study of internationally arriving commercial vessels to assess levels of biofouling and current biofouling management practices. Surveys were finalised in March 2018 and the project was completed in October 2018. The project provided valuable insights into how international vessels are currently managing biofouling. o A survey to understand recreational boater attitudes to biofouling management and current levels of awareness of marine pest biosecurity. ABARES has now completed this survey. o Building collaborative relationships between researchers and government in their approaches to management of biofouling risks. This has involved regular collaboration and engagement with shipping and maritime stakeholders, state and territory governments, other Commonwealth agencies, and international partners including New Zealand, Hawaii and California.
8. The department is working closely with New Zealand's Ministry of Primary Industries (MPI) to explore opportunities for greater collaboration in biofouling management, with a view to trans-Tasman consistency. MPI is well advanced in biofouling policy development and has already implemented mandatory requirements. Collaboration work includes:
o Evaluation of effectiveness of biofouling prevention and treatment measures o Consistent risk profiling methods o Increased sharing of information on high risk vessel movements.
Prawn White Spot Disease:
9. White spot disease was confirmed at a Queensland prawn farm on 1 December 2016. By February 2017, seven farms were infected. A disease response has been led by the Queensland government to contain and eradicate the disease. This has been the largest emergency response to an aquatic animal disease in Australia.
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10. Three farms along the Logan River returned to production in late October 2018 with enhanced biosecurity controls, following completion of the 12-month fallow period.
11. There is no response agreement in place to guide formal cost sharing of this response and costs are being met independently by the Queensland and Commonwealth Governments, including:
a. Over $15 million in response costs met by the Queensland Government.
b. $1.74 million to assist with initial response to the outbreak and fund biosecurity preparedness and communication activities met by the Commonwealth Government from the Immediate Assistance Fund.
c. $20 million from the Commonwealth Government, with $4 million to be repaid by the prawn farming industry through a levy, to fund owner reimbursement costs for prawn farmers and the costs of farms 'standing down' for up to 18 months as part of an agreed eradication response plan.
12. National coordination of the response has been provided through the Aquatic Consultative Committee for Emergency Animal Diseases (Aquatic CCEAD), chaired by the Australian Chief Veterinary Officer. The Aquatic CCEAD has met 37 times since 1 December 2016 and will continue to meet to monitor progress of the response, coordinate surveillance, consider trade impacts, and provide technical advice.
13. In March 2017, samples of prawns and crabs from northern Moreton Bay were confirmed positive to white spot syndrome virus (WSSV) that causes white spot disease. As a result, Biosecurity Queensland put in place movement controls to control and contain the spread of WSSV.
14. WSSV was again detected in wild crustaceans in northern Moreton Bay within the movement restricted area in March 2018. Surveillance sampling in the movement restricted area is continuing. The next round of surveillance sampling is scheduled in February and March 2019.
15. An Australia-wide surveillance plan for WSSV has been agreed and has commenced. The plan meets international standards to demonstrate proof of freedom from white spot disease over a minimum two-year period.
16. To date, WSSV has not been detected outside of the Queensland movement restricted area.
17. The Australian Prawn Farmers Association (APFA), in conjunction with the Queensland and NSW governments, has progressed development of prawn on-farm biosecurity plans. The plans are near completion.
18. APFA members were surveyed through the project funded by the Fisheries Research and Development Corporation to assess their preferred approaches to support the development and implementation of the on-farm biosecurity plans. The department will support the implementation of the on-farm biosecurity plan through the project.
19. Under the Biosecurity Act 2015, the Director of Biosecurity suspended the importation of uncooked prawns on the basis that imported raw prawns were deemed to be one of the plausible pathways WSSV entering Australia.
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20. The safe resumption of trade in uncooked prawns and prawn meat is underpinned by enhanced import conditions and strict inspection and testing measures at the border.
21. These enhanced measures are in addition to a condition requiring exporting countries to certify that all prawn consignments have tested free of WSSV and yellow head virus (YHV) prior to export. This certification must be based on sampling and testing methods recognised by the World Organisation for Animal Health (01E).
22. Enhanced import conditions help safeguard Australia's $3 billion fisheries and aquaculture industries and the health of our marine environment from biosecurity risks. These measures require raw prawns, marinated prawns, and Australian prawns processed overseas to be tested for WSSV and YHV on arrival at an approved Australian screening laboratory. Only those prawns which pass testing will be released from biosecurity control. Each country is responsible for its own testing systems.
23. The department is also conducting retail testing of imported prawns to provide additional assurance. This activity is ongoing and is an important part of the suite of measures to provide assurance that its import conditions are working.
24. The department continues to monitor the prawn trade closely to ensure that only entities that are proper hold approvals for importing prawns and other high risk material.
Aquatic Deed:
25. An aquatic emergency animal disease response agreement (Aquatic Deed) between industries and governments is being developed. The Aquatic Deed is the most significant measure available to improve aquatic animal health management in Australia, with benefits for both aquatic industries and public users of aquatic environments. It will provide a framework for governments and aquatic industries to share responsibilities and costs for responding to disease outbreaks and for coordinating risk mitigation measures to make disease outbreaks less likely. Recent aquatic animal disease outbreaks (e.g. white spot disease, Old 2016) highlight the importance of having such an agreement in place. 26. Development of the Aquatic Deed is well advanced and a final draft is expected to be completed by June 2019, followed by formal industry and government approval processes to sign the agreement.
27. There are some remaining issues to be resolved before the draft can be finalised—these include provisions for activation of the deed and the types of response objectives that can be cost shared. Another important task is consultation with fisheries and biosecurity government agencies as to how the provisions that relate to capture fisheries sectors will be implemented. 28. The 18 prospective industry and government parties to the deed have committed to a timeframe to resolve these important issues over the coming months. All prospective industry parties have affirmed their commitment to development of the Aquatic Deed as a priority, and are in the process of providing comments on the draft. Some industries, such as abalone and oysters, also have concerns about responses to endemic disease outbreaks, which under most circumstances, would be ineligible under the Aquatic Deed. 29. The Aquatic Deed project team, housed within the Department of Agriculture and Water Resources, will continue to work with all prospective parties to facilitate finalisation of the Aquatic Deed.
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Senate and Inspector General of Biosecurity Reviews:
30. Incursions of exotic aquatic diseases are disruptive and costly to governments and industry. The Senate and IGB reviews include recommendations on improved pre border, border and post border risk management.
31. The Commonwealth agrees with the Senate and IGB's recommendations. Issues with Australia's import system have been addressed by the department, including introducing stronger powers under biosecurity legislation and more stringent import conditions.
32. Monitoring and regulating the post border risk of imported uncooked seafood entering waterways is under the remit of the states and territories.
33. The Commonwealth will continue to work with states and territories to ensure effective post border mechanisms will complement the border management of Australia's seafood imports. This could include product labelling and retail signage that raises consumer awareness of the requirement to not use uncooked prawns as bait.
34. These measures should be considered as part of a broader strategy to manage aquatic animal health and reduce the likelihood of future disease incursions. The department encourages and will continue to support the efforts of jurisdictions, including through its retail prawn testing program which compliments these measures.
Background Ballast water: The Department of Agriculture and Water Resources is the lead Australian Government agency responsible for regulating the management of ballast water in Australia. Ballast water has been regulated by the Australian Government since 2001, and has been regulated under the Biosecurity Act 2015 since 16 June 2016. The Biosecurity Act has a chapter devoted to the management of ballast water and sediments within Australian seas. This chapter provides assessment and management powers to biosecurity officers specific to vessels intending to discharge ballast water.
Section 265 of the Biosecurity Act 2015 (the Act) ensures that Chapter 5 of the Act applies to exclude the operation of State or Territory law that deals with biosecurity risks associated with ballast water or sediment. This ensures that the Act can establish a single ballast water and sediment management regime for both international and domestic vessels that will apply Australia-wide. Australia ratified the International Convention for the Control and Management of Ships' Ballast Water and Sediments (Ballast Water Management Convention) on 7 June 2017. The Ballast Water Management Convention came into force internationally and in Australia on 8 September 2017. Biofouling:
Biofouling on vessels is recognised as a major pathway for the introduction of marine pests into Australia's waters. Introduced marine pests can potentially damage Australia's marine environment, economy, social and cultural values.
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In 2015, the department completed a review of national marine pest biosecurity arrangements. The review:
• identified preventative measures as the most cost-effective and efficient measures for national biosecurity to reduce impacts of marine pests
• recommended that the department develop and implement mandatory biofouling requirements that are consistent with the direction of the International Maritime Organization for all vessels arriving into Australian territory.
The Senate Environment and Communications References Committee 2015 report on environmental biosecurity made the following recommendations:
• Recommendation 22: The committee recommends that, following the completion of the current review of national maritime pest policy by the Department of Agriculture, the Commonwealth Government amend biosecurity legislation to incorporate a national mandatory biofouling management regime.
• Recommendation 23: The committee recommends that the Department of Agriculture conduct more regular ship inspections targeted at biofouling. The department is developing a biofouling policy to use existing powers under the Biosecurity Act 2015 to manage biofouling related biosecurity risk. Biofouling is covered under the definition of biosecurity risk in the Act.
There are existing guidelines for Commercial Fishers in place to encourage voluntary adoption of marine pest management strategies. The guidelines were developed in conjunction with the Australian fishing industry, with the aim of reducing the risk of fishing vessels spreading marine pests between fishing grounds and ports. Prawn White Spot Syndrome Virus:
On 1 December 2016, it was confirmed that white spot disease was present in a prawn farm on the Logan River in South East Queensland. By February 2017, seven farms were infected. An emergency response was initiated to contain the disease and eradicate it. The Queensland Government is leading the response. The Queensland Department of Agriculture and Fisheries (Biosecurity Queensland) has put in place a movement control order extending from Caloundra to the NSW border in response to the detections of WSSV in wild crustaceans caught in northern Moreton Bay in early March 2017.
Surveillance within the control area in Queensland and the rest of Australia is continuing and will inform future response options. The department has provided regular updates to the OIE about the status of the outbreak, consistent with Australia's international obligations. Aquatic Deed:
Significant aquatic animal disease outbreaks over the last few years have included, among others, Abalone viral ganglioneuritis (Victoria, 2006 and Tasmania, 2008) Pacific Oyster Mortality Syndrome in Pacific oysters (NSW 2011, 2013 and Tasmania, early 2016), Penaeus monodon Mortality Syndrome in farmed prawns (Queensland, early 2016) and the current white spot disease outbreak in farmed prawns (Queensland, December 2016).
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These outbreaks have highlighted the need for formal industry-government arrangements that can manage both risk mitigation and response elements of aquatic biosecurity. Other aquaculture industries are also facing their own unique biosecurity threats including the pearl, abalone, tuna and salmon industries.
A project to develop an Aquatic Deed is nearing completion. The project has been funded by the Department of Agriculture and Water Resources since 2014 and has been accelerated to bring forward the finalisation of a draft Aquatic Deed by the end of 2017, rather than 2018 as originally planned. Senate and Inspector General of Biosecurity Reviews:
The Senate Rural and Regional Affairs and Transport References Committees released its final report on the biosecurity risks associated with the importation of seafood and seafood products (including uncooked prawns and uncooked prawn meat) into Australia in October 2017.
The Inspector-General of Biosecurity released a review of the effectiveness of biosecurity controls implemented by the department on uncooked prawn imports in December 2017.
These reviews followed the outbreak of white spot disease in south-east Queensland in December 2016, and the suspension of uncooked prawn imports in January 2017.
The Commonwealth has commenced a review of the import conditions and biosecurity risks associated with prawns imported for human consumption. The review will take into account scientific evidence provided by stakeholders, including jurisdictions.
The department's retail prawn testing activity is ongoing and an important part of the suite of measures that the department is using to provide assurances that its import conditions are working.
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Meeting of Fisheries Ministers
15 February 2018
AGENDA PAPER
Agenda Item 8
Agenda Topic: UNITED STATES REQUIREMENTS FOR SEAFOOD TRADE
Recommendations
That Ministers:
1. NOTE the US issued its final List of Foreign Fisheries under its Fish and Fish Product Import Provisions of the Marine Mammal Protection Act (US MMPA) and that Australia's representations to the US Government were successful in negotiating an increase in the number of Australian fisheries classified as 'exempt'. The final list of Australian fisheries and their classification are at Attachment A.
2. NOTE that the Commonwealth will present an Information Paper at the next Australian Fisheries Management Forum (AFMF) that will outline a proposed approach for demonstrating how individual fisheries can meet the requirements of the US MMPA compatibility finding with regard to interactions with marine mammals.
3. AGREE that jurisdictions work cooperatively through AFMF to progress potential approaches toward meeting the requirements of the US comparability finding for all Australian fisheries.
Key Issues
1. The 4th Meeting of Fisheries Ministers in Melbourne on 1 December 2017 noted emerging international seafood trade requirements around traceability and sustainability. Primarily these requirements are market-based measures for which the Australian Government supports exporter compliance.
2. Ministers also committed their jurisdictions to work cooperatively to respond to requests on seafood trade and tasked the Australian Fisheries Management Forum (AFMF) to review jurisdictional reporting requirements to ensure consistent national reporting to meet market access requirements.
3. Of the increasing range of non-tariff barriers to trade for which Australian seafood exporters must comply when suppling foreign markets, the US Fish and Fish Product Import Provisions of the Marine Mammal Protection Act (US MMPA) is one of the most pressing. An important market for Australia's high value seafood, the US imports seafood from 134 fish stocks with an export value of $53m111i0n in 2016/17.
4. Trade measures such as the US MMPA present both market opportunities as well as the potential to disrupt Australia's trading patterns. Proactively working to meet the requirements of the US MMPA will enable Australian fishers to maintain existing markets and may afford new opportunities, particularly if other countries lose access to the US market.
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5. The high reliance of Australian fisheries on trade and the inter-connectedness of fishing and export businesses across jurisdictions makes it essential that any approaches to meet the requirements of importing country non-tariff measures consider a nationally consistent approach.
6. When the final List of Foreign Fisheries under the US MMPA was issued on 16 March 2018, the number of Australian fisheries classified as 'exempt' had increased from 35 to 46. This included the NSW garfish hauling net fishery and eastern rock lobster trap fishery, the South Australian giant crab pot fishery, rock lobster pot fishery, and sardine purse seine fishery.
7. Fisheries classified as 'export' will have a more stringent regulatory regime to meet in order to receive a comparability finding. Without a favourable comparability finding, product from the particular fishery will be prohibited from exporting to the US.
8. To receive a comparability finding Australia must demonstrate it has a regulatory program for each fishery to manage marine mammal incidental mortality and serious injury comparable in effectiveness to the US MMPA. To comply with the US MMPA, harvesting nations must implement a regulatory program that:
a. prohibits the intentional killing or serious injury of marine mammals in all fisheries; and
b. assesses marine mammal stocks, estimates bycatch, calculates bycatch limits, and reduces total bycatch below a defined bycatch limit for each marine mammal population.
9. In order to comply with the US approach in point (b.) above, countries would need to evaluate and determine a sustainable number of marine mammals that could be killed from each marine mammal population. This is generally inconsistent with Australia's approach which is to 'take all reasonable steps to avoid the mortality of, or injury to', marine mammals as prescribed under the EPBC Act 1999.
10. However, Australia must consider an approach that demonstrates that marine mammal mortalities from fishing gear are within sustainable limits. The Australian Government, in cooperation with state and territory agencies, will develop a strategy that can be used by fisheries managers to demonstrate that individual fisheries interactions with marine mammals do not exceed those prescribed in the US MMPA.
11. The Australian Government will present an information paper detailing the US requirements and the status of individual fisheries under the List of Foreign Fisheries to jurisdictions through the AFMF. The information paper will inform AFMF discussions on possible approaches to meeting the US MMPA comparability finding.
12. The Australian Government expects to test the strategy with US authorities in mid-2019, when the next review of foreign fisheries is expected to take place. The review will assess any changes in the management of individual fisheries since the initial classification was published in the List of Foreign Fisheries.
Background
13. The US MMPA requires fisheries exporting seafood to the US to protect marine mammals at standards comparable to those required for US fisheries. This rule is intended to have the effect of reducing marine mammal bycatch in fisheries where product is exported to the US. 2
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14. The US has classified fisheries as either 'exempt' or 'export' fisheries based on the remote likelihood of, or no known incidental mortality and serious injury of marine mammals in the course of commercial fishing operations. Details of all Australian fisheries and their classification as assessed by the US are provided in the List of Foreign Fisheries (Annex A). Further detail is available at the following link - https://www.fisheries.noaa.gov/foreign/international-affairs/list-foreign-fisheries
15. For fisheries classified as 'export', Australia will seek to demonstrate that marine mammal mitigation measures are comparable to those of the US. If the US requires additional measures or other requirements to enable seafood from a particular fishery to access the US market, governments and industry may need to consider the cost/benefit of meeting additional requirements against the current and future value of the export market.
16. The US MMPA will not apply to imports until 1 January 2022, as the US has allowed a one-time only, initial five-year exemption period.
Attachments
Attachment A: US MMPA List of Australian Fisheries
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5th FISHERIES MINISTERS MEETING EXPECTED ATTENDANCE AND APOLOGIES
1— 3pm, 15 FEBRUARY 2019 ROOM G38, GROUND FLOOR, MELBOURNE COMMONWEALTH PARLIAMENT OFFICES, 4 TREASURY PLACE, EAST MELBOURNE
Chair Northern Territory Senator the Hon. Richard Colbeck Mr Ian Curnow Australian Government Assistant Minister for Executive Director, NT Department of Primary Agriculture and Water Resources Industry and Resources Representing Ministers Parliamentary Secretaries The Hon. Paul Kirby MLA Minister for Primary Industry and Resources New South Wales The Hon. Niall Blair MLC Minister for Primary Industries Apologies
South Australia New Zealand The Hon. Tim Whetstone MP The Hon. Stuart Nash Minister for Primary Industries and Regional Minister of Fisheries Development Queensland Western Australia The Hon. Mark Furner MP Mr Chris Tallentire MLA Minister for Agricultural Industry Development Parliamentary Secretary to the Minister for and Fisheries Fisheries Represented by Representing Ms Bernadette Ditchfield The Hon. Dave Kelly MLA Deputy Director-General, Fisheries and Forestry Minister for Fisheries Western Australia Victoria The Hon. Dave Kelly MLA The Hon. Jaala Pulford MLC Minister for Fisheries Minister for Fishing and Boating Represented by Mr Chris Tallentire MLA Tasmania Parliamentary Secretary to the Minister for The Hon. Guy Barnett MP Fisheries Minister for Primary Industries and Water Northern Territory The Hon. Paul Kirby MLA Advisers or Officials Minister for Primary Industry and Resources Representing Ministers Represented by Queensland Mr Ian Cumow Ms Bernadette Ditchfield Executive Director, NT Department of Primary Deputy Director-General, Fisheries and Forestry Industry and Resources Representing The Hon. Mark Furner MP Minister for Agricultural Industry Development and Fisheries For Official Use Only
Advisers and Officials Mr Ian Dutton Director Marine Resources Australian Government TAS Department of Primary Industries, Parks, Dr Matthew Flood Water and Environment Adviser Office of the Assistant Minister for Agriculture Western Australia and Water Resources Mr Luke Clarke Ms Anna Willock Principal Policy Adviser A/g Chief Executive Officer Office of the Minister for Fisheries Australian Fisheries Management Authority Ms Heather Brayford Ms Cassandra Kennedy Director General A/g First Assistant Secretary Deputy of Primary Industries and AgVet Chemicals, Fisheries and Forestry Division WA Department Regional Development Department of Agriculture and Water Resources Ms Laura Timmins A/g Assistant Secretary Fisheries Department of Agriculture and Water Resources Nancy Pedersen (Secretariat) Assistant Director, Fisheries Governance and Environment Department of Agriculture and Water Resources Dr Patrick Hone Managing Director Fisheries Research and Development Corporation
New South Wales Ms Miranda Pade Senior Policy Adviser Office of the Minister for Primary Industries Ms Evie Madden Communications Director Office of the Minister for Primary Industries Dr Geoff Allan Deputy Director General Fisheries NSW Department of Primary Industries
South Australia Ms Sara Bray Adviser Office of the Minister for Primary Industries and Regional Development
Tasmania Ms Laura Richardson Adviser Office of the Minister for Primary Industries and Water Dr John Whittington Secretary TAS Department Of Primary Industries, Parks, Water and Environment Government of South Australia Primary Industries and Regions SA
Minute to MINISTER'S Minister for Primary Industries and Regional DevolOpment OFFICE Ref: A3938265 _I8KB For Not RECEIVE0 Critical Date Nil
Subject Narungga Nation Traditional Fishing Agreemen
Synopsis
The development of a Narungga Nation Traditional Fishing Agreement supports PIRSA's commitment in the Buthera Agreement between Narungga Nation Aboriginal Corporation and the State of South Australia for the development of a traditional fishing strategy,
It is envisioned that this traditional fishing agreement may be implemented as an interim arrangement until such time that the Narungga Nation supports the development and implementation of a Narungga Nation Indigenous Land Use Agreement (ILUA) for fishing, Following the settlement of a fishing ILUA a Traditional Fishing Management Plan can be developed and implemented pursuant to the Fisheries Management Act 2007.
Recommendations
That you:
1, Note the development of a Draft Narungga Nation Traditional Fishing Agreement (Att ent B) for consultation with NNAC.
Hon Tim Whetstone MP Minister for Primary Industries and Regional Development 20 / /2019
Ministerial Comments Background a On 13 February 2018 the Buthera Agreement between Narungga Nation Aboriginal Corporation (NNAC) and the State of South Australia (State) was signed (Attachment C). The intent of this Agreement is to establish a respectful and constructive relationship to assist Narungga People to secure cultural, social and economic well-being. • The Premier, as Minister for Aboriginal Affairs, recently encouraged all agencies to progress the implementation of the Buthera Agreement.
o The Buthera Agreement identifies that NNAC represent the interests of the Narungga People and has been authorised by the Narungga People to enter into the Agreement on behalf of the Narungga People, O Schedule 1 of the Buthera Agreement describes projects that PIRSA are committed to assisting Narungga to develop, Included in this list is the development of a traditional fishing strategy to be developed in the first year of the Agreement. The establishment of a traditional fishing strategy will facilitate traditional and cultural fishing access to Narungga traditional waters,
O NNAC have indicated that a previous draft Narungga Traditional Fishing Management Plan that was developed along with a draft Narungga Fishing Indigenous Land Use Agreement (ILUA) as part of previous negotiations but that was not implemented, may be used as a base for the development of a traditional fishing strategy per the Buthera Agreement. The agreement will reflect changes in legislation and regulations since the time of initial drafting. o The Narungga Nation Traditional Fishing Agreement will include a number of arrangements developed in consultation with NNAC to manage traditional fishing activities and strategies for sustainable cultural resource use in Narungga traditional waters.
Discussion O Advice provided by the South Australian Attorney-General's Department to PIRSA Fisheries and Aquaculture is that a Consent Determination and settlement for Narungga Nation is likely to occur in 2019, 9 Section 60 the Fisheries Management Act 2007 recognises Aboriginal traditional fishing and provides for the development of an Aboriginal Traditional Management Plan where a native title group is party to an ILUA, O PIRSA Fisheries and Aquaculture in consultation with NNAC have developed the concept of a Narungga Nation Traditional Fishing Agreement between Narungga and PIRSA to identify and to manage traditional fishing activities by Narungga people within the area of the Narungga Nation Native Title Application boundary, The implementation of this traditional fishing agreement will provide traditional fishing arrangements until such time that the Narungga Nation wishes to consider the development and implementation of a Narungga Nation Indigenous Land Use Agreement (ILUA) for fishing and a Traditional Fishing Management Plan.
O This Narungga Nation Traditional Fishing Agreement will provide a mechanism to meet the obligations of the Fisheries Management Act 2007 in regards to the sustainable management of aquatic resources and Section 211 of the Native Title Act 1993 In regards to native title rights.
Authority holder and Stakeholder impacts / Regional Business and Stakeholder impacts • The aquatic resources accessed by Aboriginal traditional fishers are also subject to a number of existing recreational and commercial fisheries management plans.
Page 2 of 4 o Existing commercial fisheries that apply within the area of the Narungga Native Title Claim are; o Abalone Fishery (Central Zone) o Blue Crab Fishery o Charter Boat Fishery o Marine Scalefish Fishery O Rock Lobster Fishery (Northern Zone) o Sardine Fishery o Spencer Gulf Prawn Fishery O Gulf St Vincent Prawn Fishery O Miscellaneous Fishery
Management of key risks o The Buthera Agreement provides a framework for consultative processes and expected timeframes on key initiatives.
Consultation and engagement O On 1 February 2019 a letter (Attachment A) was sent to Mr Klynton VVanganeen, Chief Executive Officer of NNAC, informing NNAC of the progress of the Narungga Nation Traditional Fishing Agreement. A copy of the Draft Narungga Nation Traditional Fishing Agreement was included with the letter, as a basis for further consultation. O The following key stakeholders and authority holders will be engaged to provide comment on any impacts of the Agreement that may require attention. o NNAC o Narungga Nation community
o Other relevant Government Agencies
o The Minister's Recreational Fishing Advisory Council
o Wildcatch SA and/or other commercial fisheries representative bodies
Legislative implications O The agreement will aim to address the legislative requirements and objectives of the Commonwealth Native Title Act 1993, and the South Australia Fisheries Management Act 2007.
Financial implications o Funding requirements to develop and implement the proposed agreement will be covered by PIRSA Fisheries and Aquacultures' budget, in the first instance.
Page 3 of 4 Attachments
A. A3924653 Attachment A — Letter from FD to NNAC re traditional fishing agreement.pdf B. A3924653 Attachment B — Draft Narungga Nation Traditional Fishing Agreement PDF.pdf C, A3938221 Attachment C Buthera Agreement signed PDF
CHIEF XECUTIVE Primary Industries and Regions SA
/7/ /2019
CONTACT Sean Sloan POSITION Executive Director DIVISION Fisheries and Aquaculture MOBILE 0411 147 834 PREPARED BY Shane Holland
Page 4 of 4 Government of South Australia
A.•-• ` Primary Industries and Regions SA ‹, February 2019 FISHERIES & AQUACULTURE Level 14 25 Grenfell Street Adelaide SA 5000 Mr Klynton Wanganeen GPO Box 1625 Adelaide SA 5001 Chief Executive Officer DX 210 Narungga Nation Aboriginal Corporation Tel (08) 8226 0900 [email protected] Fax (08) 8204 1388 vimplr.sa.gov.au Dear Mr Wanga_rjean--
I write to provide you with the draft Narungga Nation Traditional Fishing Agreement for your feedback and consideration.
Primary Industries and Regions SA (PIRSA) in consultation with Narungga Nation Aboriginal Corporation (NNAC) are committed to furthering the development and implementation of a Narungga Nation Traditional Fishing Agreement to deliver on our commitment in the Buthera Agreement for the development of a Narungga traditional fishing strategy.
As we have discussed, the draft document enclosed is based on the previously developed, but not implemented, draft Narungga Traditional Fishing Management Plan which was proposed under the Narungga Fishing Indigenous Land Use Agreement (ILUA) process.
I have attached the draft Narungga Nation Traditional Fishing Agreement for your feedback and consideration and look forward to discussing the development of this collaborative agreement between PIRSA Fisheries & Aquaculture, NNAC and the Narungga community.
The implementation of this traditional fishing agreement will provide arrangements until such time that the Narungga Nation wishes to consider the development and implementation of a Narungga Nation Indigenous Land Use Agreement (ILUA) for fishing and a Traditional Fishing Management Plan.
PIRSA Fisheries & Aquaculture Manager of Aboriginal Traditional Fishing, Shane Holland, will be in contact with you shortly to organise a time for us to meet to further develop the agreement.
For further information or queries please contact Shane Holland, at [email protected] or telephone 8429 0726.
Yours sincerely
Sean Sloan EXECUTIVE DIRECTOR, FISHERIES AND AQUACULTURE FISHERIES &AQUACULTURE PIRSA
DRAFT NARUNGGA NATION gRADITIONAL FISHING AGREEMENT SOUTH AUSTRALIA JANUARY 2019
Government of South Australia SOUTH Primary Industries AUSTRALIA and Regions SA DRAFT NARUNGGA NATION TRADITIONAL FISHING AGREEMENT IN SOUTH AUSTRALIA
PIRSA Fisheries and Aquaculture (A Division of Primary Industries and Regions South Australia) GPO Box 1625 ADELAIDE SA 5001 www.pir.sa.gov.au/fisheries
Tel: (08) 8226 0900
© Primary Industries and Regions South Australia 2019
Disclaimer:
This Agreement has been prepared pursuant to the Fisheries Management Act 2007 (South Australia) for the purpose of the administration of that Act. The Department of Primary Industries and Regions SA (and the Government of South Australia) make no representation, express or implied, as to the accuracy or completeness of the information contained in this Agreement or as to the suitability of that information for any particular purpose. Use of or reliance upon information contained in this Agreement or as to the suitability of that information contained in this Agreement is at the sole risk of the user in all things and the Department of Primary Industries and Regions SA (and the Government of South Australia) disclaim any responsibility for that use or reliance and any liability to the user.
Copyright Notice:
This work is copyright. Copyright in this work is owned by the Government of South Australia. Apart from any use permitted under the Copyright Act 1968 (Commonwealth), no part of this work may be reproduced by any process without written permission of the Government of South Australia. Requests and enquiries concerning reproduction of this work should be addressed to the Chief Executive, Department of Primary Industries and Regions SA, 25 Grenfell Street, Adelaide, SA, 5000 (marked attention Executive Director, Fisheries and Aquaculture Division).
The South Australian Fisheries Management Series
Paper number xx: Narungga Nation Traditional Fishing Agreement in South Australia
ISBN xxx-x-xxxxxxx-x-x
ISSN xxxx-xxxx
1 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx CONTENTS APPLICATION OF THE AGREEMENT 5 2 CONSISTENCY WITH FISHERY MANAGEMENT PLANS 5 3 TERM OF THE AGREEMENT AND REVIEW SCHEDULE 5 4 FISHERIES MANAGEMENT IN SOUTH AUSTRALIA 6 5 NARUNGGA ABORIGINAL NATION 6 5.1 Brief History of Fishing by Narungga People 6 5.2 Description of Contemporary Narungga Community 8 6 AREA THAT THE AGREEMENT APPLIES TO 9 7 OBJECTIVES OF THIS AGREEMENT 10 7.1 Sustainability 10 7.2 Ecological Sustainable Development 10 7.3 Cultural Knowledge 10 7.4 Cultural Protection 10 8 WHO CAN FISH UNDER THIS AGREEMENT 10 9 WHAT FISHING ACTIVITIES DOES THIS AGREEMENT PROVIDE FOR 10 9.1 100m Mesh Net Use 11 9.2 50m Mesh Net Use 11 9.3 Community Catch 11 9.4 Cultural Camps 11 9.5 Fishing Methods 11 9.6 Inter-tidal Zone Access 11 9.7 Unregulated Species 12 10 MINISTERIAL EXEMPTIONS 12 11 NET FISHING 12 11.1 Conditions 12 12 NET FISHING PRINCIPLES 13 12.1 Sustainability 13 12.2 Consultation 13 12.3 Cultural Needs 13 12.4 Allocation 13 12.5 Traditional Fishing Identification 13 12.6 Adaptive Management 13 12.7 Special Circumstances 13 13 NET FISHING ARRANGEMENTS 14 14 COMMUNITY CATCH 15 14.1 Catch Quantity and Minimum Size Limits 15 14.2 Prior Reporting 15 14.3 Catch Report 15 14.4 Identification 15 15 COMMUNITY CATCH PRINCIPLES 15
2 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 15.1 Sustainability 15 15.2 Consultation 15 15.3 Cultural Needs 16 15.4 Allocation 16 16 INTER-TIDAL ROCKY REEFS 16 17 CULTURAL CAMPS 16 17.1 Net Use 16 17.2 Inter-tidal 16 17.3 Specified Species 16 17.4 Prior Reporting 17 17.5 Catch Report 17 18 POSSESSION LIMITS 17 19 AGREEMENT MODIFICATIONS 17 20 AGREEMENT NETTING REVIEW 17 20.1 Terms 17 20.2 Timing 18 20.3 Process 18 20.4 Assessment 18 20.5 Outcomes 18 21 PROTECTION OF CULTURALLY IMPORTANT SPECIES AND AREAS 18 21.1 Culturally Important Species 18 21.2 Culturally Important Areas 19 21.3 Access to Aquatic Protected Areas and Reserves 21 22 RESEARCH STRATEGIES 21 23 EDUCATION AND AWARNESS 21 23.1 Awareness of Narungga People about the Agreement 21 23.2 Awareness of Non-Narungga Community about the Agreement 22 23.3 Sea Ranger Program 22 24 ONGOING ADMINISTRATION OF THE NARUNGGA NATION FISHING AGREEMENT 22 24.1 Funding 22 24.2 Consultative Arrangement 22 24.3 Monitoring and Compliance 22 25 REVIEW OF AGREEMENT 23 26 SUSPENSION OR TEMINATION OF THE AGREEMENT 23 26.1 Process to be followed 24 26.2 Principles to be applied 25 27 APPENDICES 26 27.1 Acronyms and definitions 26 27.2 Glossary of Common Fisheries Management Terms 28 28 SCHEDULE 1 — NARRUNGA NATION'S BOUNDARY DESCRIPTION 32
3 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 29 SCHEDULE 2— NARUNGA PERSONS CLAIMING TO HOLD NATIVE TITLE 35 30 SCHEDULE 3— CULTURALLY IMPORTANT SPECIES 36
LIST OF FIGURES
Figure 1: Map of Narungga Nation (SC2013/012) Native Title Application as highlighted over Yorke Peninsula. 9
LIST OF TABLES
Table 1: Narungga Fishing Agreement Netting Arrangements 14 Table 2: Brief description of some of the significant marine species for Narungga Peoples. 19 Table 3: Species that are taken by Narungga peoples for food or other purposes 36 Table 4: Those species that are collected by Narungga peoples from inter-tidal rocky reefs 39 Table 5: Species that are not taken by Narungga peoples 40
4 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx I APPLICATION OF THE AGREEMENT
This Agreement only applies to Aboriginal traditional fishing occurring within the South Australia (SA) boundaries of the Narungga Nations Native Title Claim (National Native Title Tribunal (NNTT) number: 5C2013/002).
Aquatic resources (fish and aquatic plants) are managed by the State on behalf of the community and future generations. Currently, fisheries, aquatic reserves, the regulation of fishing and processing of aquatic resources are managed in accordance with the Fisheries Management Act 2007 (SA), the Act recognises Aboriginal traditional fishing as a separate category of fishing. Section 3 of the Act defines Aboriginal traditional fishing as fishing engaged in by an Aboriginal person for the purposes of satisfying personal, domestic or non-commercial, communal needs, including ceremonial, spiritual and educational needs, and using fish and other natural marine and freshwater products according to relevant Aboriginal custom.
2 CONSISTENCY WITH FISHERY MANAGEMENT PLANS
The aquatic resources accessed by Aboriginal traditional fishers are also subject to a number of existing management plans, including recreational and commercial fisheries.
Commercial fisheries management plans include the multi-species Marine Scalefish Fishery and other commercial single species fishery management plans (e.g. Blue Crab Fishery). The provisions relating to the allocation of Aboriginal traditional access shares to many of these aquatic resources have recently been addressed for the first time during the development of these fishery management plans. The access shares prescribed in this agreement reflect the shares allocated between fishing sectors in other existing fishery management plans.
Existing commercial fisheries that apply within the area of the Narungga Native Title Claim are; • Abalone Fishery (Central Zone) • Blue Crab Fishery • Charter Boat Fishery • Marine Scalefish Fishery • Rock Lobster Fishery (Northern Zone) • Sardine Fishery • Spencer Gulf Prawn Fishery • Gulf St Vincent Prawn Fishery • Miscellaneous Fishery
Current Fishery Management Plans and supporting documentation can be access online at http://pir.sa.gov.au/fishing/publications.
This agreement has been developed so that it can be integrated into any future Aboriginal traditional fishing management plans that apply to the waters of this agreement consistent with the provisions of any Narungga Indigenous Land Use Agreement or native title decision.
3 TERM OF THE AGREEMENT AND REVIEW SCHEDULE
5 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx This agreement is to apply for a period of five (5) years or until its replacement by an Aboriginal traditional fishing management plan as defined by the Fisheries Management Act 2007. At the mid-term of the agreement and at the end of the five-year period, a review of the agreement is to be conducted in accordance with the processes set out in the agreement.
4 FISHERIES MANAGEMENT IN SOUTH AUSTRALIA
South Australia's fishery resources are community owned public resources. The South Australian Government, as custodian of these fisheries resources, has a fundamental role in managing them to ensure they are biologically sustainable and any economic and regional benefit arising from their exploitation is maximised for the benefit of the whole South Australian community, including recreational fishers, commercial fishers, Aboriginal traditional fishers and the wider seafood consuming public.
As these community owned fisheries resources support a shared access fishery, there is a shared responsibility between Government (on behalf of recreational and traditional fishers) and the commercial industry for any management actions required to address issues of fish stock sustainability and commercial economic viability. The role of Government centres around ensuring these fisheries resources are managed for long-term biological sustainability on behalf of all South Australians, maximizing the community/societal benefits arising from their exploitation and ensuring access to the fisheries resources is fair and equitable for all sectors.
The South Australian Research and Development Institute (SARDI) of Primary Industries and Regions South Australia (PIRSA) conducts research and publishes stock assessment reports for the commercial fishing industry, and PIRSA conducts regular recreational fishing surveys. These reports create a scientific basis for managing and ensuring sustainability of South Australia fisheries. PIRSA has developed a number of commercial management plans and high level policy documents on allocation, harvest strategy development and co- management which support sustainable fisheries management.
There is a significant knowledge gap of traditional fishing catch and effort both within South Australia and nationally. The development of culturally appropriate traditional fishing survey methodology to gain a better understanding of resource use by traditional fishers to better inform allocation and policy development has been identified across all jurisdictions as a key priority. The Fisheries and Research Development Corporation (FRDC) is seeking to address this issue through funding of a national project (FRDC Project Number: 2018-016) that aims to develop methods to capture Aboriginal and Torres Strait Islander catch data at national, regional and local scales to better inform management decisions.
5 NARUNGGA ABORIGINAL NATION
5.1 Brief History of Fishing by Narungga People
Narungga people are the traditional owners of Yorke Peninsula. Fishing has always been and continues to be integral to Narungga identity. Narungga people's relationships to the fresh, estuarine and salt-water components of their country are considered as inter-related and fundamental to the understanding of their country as a whole.
Fishing is very important to the Narungga lifestyle and provides sustenance to Narungga people. Fish and other aquatic species are also vital to their cultural and spiritual lives. It is
6 1 February 2019 A3923621 Draft Narunciaa Nation Traditional Fishing Agireement.docx for these reasons, among others, that they consider themselves to be 'salt-water people'. Narungga people also believe that this lifestyle was crucial in relation to enabling them to survive the occupation of their lands by non-Aboriginal people.
Narungga people and their ancestors were the first peoples to earn sustenance from the aquatic resources of Yorke Peninsula's waters. The Narungga people were also the first peoples to establish a body of laws and customs to govern management and use of the aquatic resources of Yorke Peninsula, including the trade of such resources with other groups. As such, Narungga people assert that all organisms in the waters of Yorke Peninsula are their property. Furthermore, Narungga people also believe that other species, apart from fish and shellfish etc., and aspects of their seascape/aquatic ecosystems are also culturally important and should be protected (e.g., Seaweed, Seagrass, Penguins, Shags, Seagulls, Beachworms, sand, sea and freshwater springs).
Narungga people have used and continue to use a variety of fishing methods. Methods used and species targeted may be seasonal in nature. For example, netting features in some of the earliest written descriptions of Narungga people. It also emerged as a factor in the 1934-1935 Royal Commission of the Fishing Industry. Netting continues to feature in the contemporary fishing activities and oral histories of Narungga people. Some species regularly targeted by net include (list not exhaustive) — Bream, Flathead, Flounder, Garfish (February to April), Leather Jacket, Mullet, Tommy Ruff, Snook and Whiting.
Similarly, spear-fishing is another example of a Narungga fishing method that features in early descriptions of Narungga fishing activities. Harpooning is the older method in this regard and is continued to this day (the method using spears pre-dates harpooning), however spear-fishing (with spear-guns) is now considered to be the more predominant method. The importance of spear-fishing, particularly for the Gayinbara (Butterfish/Dusky Morwong/Psilocranium nigricans), remains as a fishing activity of great magnitude for Narungga people. The Gayinbara is also widely recognised by Narungga people as a fish with medicinal properties and as a food that promotes good health (in particular the fat of the Gayinbara). This species is very important to Narungga identity. It is for these reasons that Narungga people may also be referred to as the 'Butterfish mob', particularly by other Indigenous Australians. Apart from the Gayinbara, many other species are also regularly targeted by this method. These species include (list not exhaustive) — Bream, Flathead, Flounder, Leather Jacket, Mulloway, Snapper, Snook, Squid, Trevally, Whiting and Yellowtail Kingfish.
The collection of shellfish, particularly from the inter-tidal zone, has been and continues to form another important aspect of Narungga fishing activities. The long-term importance of shellfish in the Narungga diet is for example evidenced in the faunal remains on archaeological sites on Yorke Peninsula. Some shellfish regularly targeted include (list not exhaustive) —Abalone, Warreners, Periwinkles, Cockles, Limpets, Mussels, Razorfish, and Scallops.
Similarly, the collection of crustaceans from Yorke Peninsula waters such as Crabs and Southern Rock Lobster continues to be important and is also evidenced in the faunal remains on archaeological sites.
Another recognised fishing method used by Narungga people includes the use of fish-traps made with large stones (e.g., as was recently reported in the area of Pine Point and as may be still evidenced in other areas of the peninsula). Such traps make use of tidal movements and allow for fish and crustaceans etc. to be caught as the tide recedes. The use of hook and line has also been recorded as an important Narungga fishing method. Oral histories record the importance of this method. In particular, hook and line fishing has been and continues to be important for Narungga people in relation to both shore, jetty and
7 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx boat fishing. Some species more commonly targeted by hook (and jig) and line include (list not exhaustive) — Bream, Cuttlefish, Flathead, Garfish, Leather Jacket, Mullet, Mulloway, Rock Cod, Salmon, Snapper, Snook, Squid, Sweep, Tommy Ruff, Trevally, Whiting and Yellowtail Kingfish.
The above described fishing methods provide just a sample of the fishing activities of Narungga people. Such methods should not necessarily be considered as static or become over-codified as it is important not to prevent the further development of Narungga fishing traditions.
5.2 Description of Contemporary Narungga Community
Many Narungga people live on Yorke Peninsula (particularly Point Pearce, Port Victoria, Maitland and Moonta). Other Narungga people have moved 'far and wide' to other regional areas and city centres around the country — Adelaide is noted as a city with a large population of Narungga people. It is also acknowledged that some Narungga people currently reside overseas.
A number of published versions detailing the genealogies of Narungga families exist. Narungga people also count in their community those Aboriginal families who have had a long-term connection with Narungga country (notably through Point Pearce Mission Station) and hence who have formed kinship relationships with Narungga people due to the colonial history and invasion of their land and waters.
Whilst those Narungga people who live on Yorke Peninsula are likely to fish more often, other Narungga people living outside of Yorke Peninsula also regularly return to Yorke Peninsula. Indeed, access to 'fresh fish' from the waters of Yorke Peninsula is considered as a cultural right and believed to be important for the well-being of past, present and future generations of Narungga people.
8 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 6 AREA THAT THE AGREEMENT APPLIES TO This agreement applies to the waters adjacent to Yorke Peninsula as highlighted in Figure 1. The Narungga Sea Claim component of the Native Title Applicationl extends five (5) kilometres buffer seaward of the High Water Mark. The seaward boundary is ascertained from the High Water Mark of any islands contained within that zone and five (5) kilometres around Troubridge and Althorpe Islands.
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Figure 1: Map of Narungga Nation (SC2013/012) Native Title Application as highlighted over Yorke Peninsula.
Schedule 1 provides an external boundary description - (Attachment T3') of the Narungga Nations #1 Native Title Claim (SAD62/2013, SC2013/002).
9 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreennent.docx 7 OBJECTIVES OF THIS AGREEMENT
The purpose of the Narungga Nation Traditional Fishing Agreement is to ensure that members of the Narungga community are able to enjoy, exercise and maintain Aboriginal traditional fishing practices in a way that is sustainable. In addition the agreement will help ensure that the Narungga people can manage their traditional fishing activities taking into consideration both traditional laws and customs and the laws of the State.
The objectives of this agreement are:
7A Sustainability
Ensure, through conservation, preservation and fisheries management measures, that the living resources of the waters to which the agreement applies are not endangered or overexploited;
7.2 Ecological Sustainable Development
Provide for the management of Aboriginal traditional fishing activities by the Narungga people in the area to which this agreement applies in accordance with the principles of ecological sustainable development;
7.3 Cultural Knowledge
Provide a framework for the continuance and enhancement of the culture of the Narungga people in relation to fishing, taking into account the relationship to land and waters that the Narungga people have with the area to which this agreement applies; and
7.4 Cultural Protection
Provide for the protection and enhancement of culturally important species and important habitats within the waters to which the agreement applies.
8 WHO CAN FISH UNDER THIS AGREEMENT The persons who can undertake fishing activities in accordance with this agreement or the instruments that implement this agreement are the members of the Narungga peoples identified in the Narungga Nation (SC2013/002) Native Title Application (Schedule 2). In relation to some of the fishing activities authorised by this agreement, it may be necessary to hold an exemption, permit or an approved gear tag. For those activities, the persons authorised to fish under the agreement are those that hold an exemption, permit or approved gear tag that is issued in accordance with the agreement.
9 WHAT FISHING ACTIVITIES DOES THIS AGREEMENT PROVIDE FOR
Outside of the following activities the taking of aquatic species for personal use will be subject to prescribed recreational size, bag, boat and possession limits under the Fisheries Management (General) Regulations 2017.
10 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx The following Narungga traditional fishing activities are recognised under this agreement for those persons defined above in part 8 of this agreement:
9.1 100m Mesh Net Use
The use of not more than two nets of a maximum length of 100 metres in the waters adjacent to the Point Pearce ALT lands from Chinaman's Well to Guggathie and Wardang Island during the period February to April in each year, each net for a maximum of twelve days during that period. The agreement will set out arrangements in relation to net dimensions and method of fishing, including a process of review within the term of the agreement.
9.2 50m Mesh Net Use
The use of up to eight nets at any one time with a maximum length of 50 metres each in the waters adjacent to the Point Pearce ALT lands from Chinaman's Well to Guggathie and adjacent to the Cape Elizabeth lands from the water's edge seaward to a depth of 2 metres. This activity may occur throughout the year, except during the period February to April, when the maximum number of 50 metre nets must be no more than six at any one time. The agreement will set out arrangements in relation to net dimensions and method of fishing including a process of review within the term of the agreement.
9.3 Community Catch
The taking of species specified in the agreement from Schedule 3 as community catch subject to input and output controls that limit annual catch and or effort specified in the agreement.
9.4 Cultural Camps
The undertaking of Aboriginal traditional fishing activities as part of up to twelve cultural camps each year in the waters from Port Broughton to Troubridge Point. The fishing activities are to be regulated by a system established under the agreement. The fishing activities to be authorised must include using up to two nets of a maximum of 50 metres from the water's edge to a depth of 2 metres and the right to take benthic marine species from the intertidal zone.
9.5 Fishing Methods
The right to use traditional and non-traditional fishing methods as specified in the agreement. This does not include net catch which may only be done in accordance with activities 9.1, 9.2., and 9.4 of this agreement.
9.6 Inter-tidal Zone Access
The taking of benthic marine species specified in the list in Schedule 3 in the intertidal zone adjacent to the Point Pearce Aboriginal Lands Trust (ALT) lands from Chinaman's Well to Guggathie, Wardang Island and the Cape Elizabeth lands. This right is in addition to the right to take benthic marine species during the cultural camps specified in activity 9.4 of this agreement.
11 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 9.7 Unregulated Species
The taking of all other culturally important species specified in Schedule 3 that are currently unregulated without restriction as to method or quantity. These rights may be subject to regulation should the broader access to these species become subject to management controls.
10 MINISTERIAL EXEMPTIONS Section 115 of the Fisheries Management Act 2007 provides that the Minister may exempt a person or class of persons from provisions of the Act, subject to such conditions as the Minister thinks fit. A Ministerial Exemption operates for a period not exceeding 12 months.
This mechanism may be used to implement this agreement.
11 NET FISHING Clause 39 (a) of Schedule 6 of the Fisheries Management (General) Regulations 2017 prohibits the taking of fish by an unlicenced person in coastal waters by using a fish net. This agreement, between PIRSA and the Narungga people enables the following net fishing arrangements. This activity may be limited to specified waters.
11.1 Conditions
The Minister will consider inserting conditions on this arrangement that may include some or all of the following: (a) A system for tagging nets. For example, the nets may be used if they have a tag issued by the Executive Director of Fisheries and Aquaculture. (The Executive Director will provide NNAC with 8 tags.) Provision will be made to issue a replacement in the event of a lost tag; (a) The marking of nets when in the water; (b) The restriction of waters in which the nets may used; (c) The maximum length and allowable configuration of the nets. (50 m set nets; 100 m ring nets.); (d) The number of nets that may be used at any one time as described in 9.1,9.2, and 9.4; (e) The maximum allowable number of days on which the nets may be used. As described in 9.1,9.2, and 9.4; (f) A minimum mesh size will apply to the nets. (g) The provision of catch and effort information to be provided to PIRSA in relation to fish taken by net; (h) The reporting of the intended use of the 100 metre nets to PIRSA (prior to using the nets); (i) Option for PIRSA or SARDI scientific officers to accompany Narungga fishers as observers when undertaking net fishing activities for garfish during the February to March period for scientific purposes. This will be by prior agreement with the Narungga people.
12 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx The agreement may exempt authorised fishers from specific area closures that are currently imposed under the Fisheries (General) Regulations 2017.
The agreement will not exempt the application of all statutory prohibitions, such as the prohibition on taking prawns in waters less than 10 metres (clause 117 of Schedule 6). Therefore, if prawns are taken as incidental bycatch in netting operations in waters less than 10 metres they must be immediately returned to the water. All regulations apply unless specifically exempted.)
12 NET FISHING PRINCIPLES The principles to be applied in developing net arrangement notices are:
12.1 Sustainability
Aquatic resources must be protected from overexploitation;
12.2 Consultation
NNAC and a representative of the Minister's Recreational Advisory Council and Wildcatch SA and/or other commercial fisheries representative bodies may be consulted in the process of developing the exemption;
12.3 Cultural Needs
The arrangements must be designed taking into account the specified cultural needs of the Narungga people. For example, net fishing plays an important educational role within the community and this should be facilitated to the extent possible in the arrangements;
12.4 Allocation
Consideration must be given to issues relating to allocation of access to the resource and the impact of any allocation on the commercial and recreational fishing sectors;
12.5 Traditional Fishing Identification
The arrangements must be able to be implemented in the field in a way that Aboriginal traditional fishing activities are easily identifiable (for example, through the use of approved tags and buoys).
12.6 Adaptive Management
Catch and effort may only be restricted further than the limits set out above in limited circumstances. For example, further restrictions may be imposed in response to the detection of or possibility of sustainability concerns.
12.7 Special Circumstances
If members of the Narungga people who are authorised to fish under this agreement also become the holder of a commercial fishing authority under the Fisheries Management Act
13 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 2007 for the same species, further monitoring and compliance arrangements may need to be implemented.
13 NET FISHING ARRANGEMENTS The arrangements to be implemented under this agreement are to enable the use up to 8 nets at any one time by the Narungga people. These nets used may be a maximum of 50 metres long, however during February, March and April two of these nets may be 100 metres long. The 50 metre nets may only be used as static set nets set from shore. The 100 metre nets may also be used as a ring net.
The 100 metre nets may only be used in specified waters around the ALT lands at Point Pearce and Wardang Island. The 50 metre nets are to be used in specified waters around the Cape Elizabeth lands and the ALT lands, including Wardang Island. These arrangements are summarised in Table 1.
Table 1: Narunaaa Fishing Agreement Netting Arrangements PERIOD METHOD LENGTH OF MAX Time Area OF NET (m) No. restrictions OPERATION All year Set net 50 8 None Waters adjacent to excluding (Static ALT lands at Point February, net set Pearce and March and from Wardang Island and April shore) adjacent to the Cape Elizabeth lands, from the waters edge seaward to a depth of 2 metres. February, Set net 50 6 None Waters adjacent to March and (Static ALT lands at Point April net set Pearce and from Wardang Island and shore) adjacent to the Cape Elizabeth lands, from the waters edge seaward to a depth of 2 metres. February, Ring net 100 2 12 days for Waters adjacent to March and each net ALT lands at Point April during Pearce and period Wardang Island. February to April. (Total = 24 net days.) NB — the nets may also be used for cultural camps.
These arrangements have been negotiated so that the Narungga people can undertake netting activities targeting garfish during February, March and April. This is a traditional activity that provides food for the community and provides an opportunity to educate younger members of the community about fishing and other cultural practices and knowledge. The arrangements also provide for netting of other species using the 50 m set nets throughout the year. The species to be targeted by this method are Bream, Flathead,
14 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx Flounder, Leather Jacket, Mullet, Tommy Ruff, Snook and Whiting. These species are also an important food source for the Narungga people.
Fish taken pursuant to authorised net fishing is not to be constrained by daily bag and boat limits. This catch is also distinct from the Narungga community catch arrangements set out below.
14 COMMUNITY CATCH This agreement provides NNAC to facilitate the take of specified species (Abalone, Snapper and King George Whiting, or other species from Schedule 3 as agreed by the parties) established under this agreement, for Narungga cultural purposes.
The agreement may include conditions relating to:
14.1 Catch Quantity and Minimum Size Limits
Limiting the quantity and minimum size limit of fish that may be taken and, if necessary, restrictions on the number of fishing trips during which it may be taken;
14.2 Prior Reporting
Requiring the provision of notification to PIRSA Fisheries prior to fishing pursuant to the exemption;
14.3 Catch Report
Requiring the provision of catch and effort information to PIRSA;
14.4 Identification
Requiring any person undertaking fishing pursuant to the agreement to have a form of authorization provide by NNAC, or some other form of identification.
15 COMMUNITY CATCH PRINCIPLES In determining the amount of fish that may be taken by the Narungga in accordance with the agreement in any year, the following principles must be considered:
15.1 Sustainability
Aquatic resources must be protected from overexploitation;
15.2 Consultation
NNAC and a representative of the Minister's Recreational Advisory Council and Wildcatch SA and/or other commercial fisheries representative bodies may be consulted in the process of developing the exemption;
15 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 15.3 Cultural Needs
The amount of fish must be determined in a transparent way, taking into account the specified cultural needs of the Narungga peoples, including cultural camps;
15.4 Allocation
Consideration must be given to issues relating to allocation of access to the resource and the impact of any allocation on the commercial and recreational fishing sectors.
16 INTER-TIDAL ROCKY REEFS The Fisheries Management (General) Regulations 2017 prohibits the taking of a benthic marine organism in waters seaward of the line of Mean High Water Springs to a depth of 2 m in the area of a rocky reef and its waters.
However, the Narungga people traditionally collect species from the inter-tidal zone. In particular, families often collect shellfish species from these waters, to be eaten or for use as bait.
This agreement, between PIRSA and the Narungga people enables the lawful collection of any benthic marine species specified from rocky reefs in waters from high water mark to a depth of 2 metres. This activity may be limited to specified waters. Any organisms taken in the agreement area will remain subject to any bag, boat or size limits that apply (unless taken as part of community catch arrangements).
17 CULTURAL CAMPS The agreement provides arrangements so that cultural camps may be conducted by the Narungga people. The fishing activities are to be undertaken in waters from Cape Elizabeth to Troubridge Point, from the high water mark out to a depth of 2 metres. The agreement will facilitate the conduct of up to 12 cultural camps each year. The camps can be up to a maximum of 3 days and 2 nights each. The cultural camps arrangements may include the following activities and requirements:
17.1 Net Use
The use of 2 x 50 m nets. These are to be two of the nets used for other net fishing and must be tagged with one of the eight approved tags issued by the Executive Director of Fisheries and Aquaculture under this agreement.
17.2 Inter-tidal
The collection of benthic marine species listed in Schedule 6 from the inter-tidal zone.
17.3 Specified Species
The collection of specified species as part of community catch.
16 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 17.4 Prior Reporting
A requirement to provide notification to PIRSA Fisheries prior to commencing a cultural camp.
17.5 Catch Report
A requirement to provide catch and effort information to PIRSA.
18 POSSESSION LIMITS Possession limits are an important fisheries management tool for separating commercial and non-commercial fishing activities. A strict possession limit can be applied to ensure that a person does not transport or store commercial quantities of fish. Alternatively, a possession limit may be applied to provide that, if a person has a prescribed amount of fish, then they must be able to demonstrate that the fish were taken legally. This effectively 'reverses the onus of proof'. The type of possession limit that can be implemented depends on the legislation that applies at the time. Possession limits are therefore a tool for legitimising the possession of quantities of fish within those limits. In relation to this agreement, it is proposed that possession limits be applied in some circumstances. The possession limits would be applied to reverse the onus of proof, and not as strict possession limits. The following guidelines are to apply for formulating possession limits: (a) To apply only to high value species;
(b) To apply in places other than a person's principle place of residence and places other than Point Pearce;
(c) To be set at levels that do not restrict the Narungga people's practice of transporting reasonable quantities of fish to Adelaide and other places for delivery to family members.
19 AGREEMENT MODIFICATIONS Future modifications for catch and effort may be required under sustainability concerns within this agreement in limited circumstances. These are; (a) By consent of NNAC; or (b) If it can be demonstrated through scientific evidence that a fish stock is overexploited.
20 AGREEMENT NETTING REVIEW
20.1 Terms
The Narungga Fishing Agreement provides a process for reviewing netting arrangements within the term of the agreement under the following conditions;
17 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx (a) A review will be undertaken at the mid-term point of the period of the term of the agreement and again before the expiration of the term of the agreement. (b) Will only be altered within its term by consent of the NNAC or with the respect to output or input controls if there is scientific evidence a fish stock is overexploited.
20.2 Timing
The review should follow the second period during which 100 metres nets are used (February to April). This will ensure that catch and effort information from at least two years is available to take into consideration in the review. It will also allow time for the next stock assessment of garfish to be completed in accordance with the timetable set out in the Marine Scalefish Fishery Management Plan. The stock assessment can then be taken into account in the review.
20.3 Process
NNAC and a representative of the Minister's Recreational Advisory Council and Wildcatch SA and/or other commercial fisheries representative bodies may be consulted in the process of developing the exemption;
20.4 Assessment
The review should assess the catch and effort information available in relation to net fishing by the Narungga people. In particular, it should assess the effectiveness of the nets for taking culturally important species.
20.5 Outcomes
The review should determine if the objectives of the strategy are being achieved in relation to net fishing. If not, the review must make recommendations to the Executive Director of Fisheries and Aquaculture to better achieve the objectives. The recommendations should include ways of measuring the ongoing achievement of the objectives of the strategy.
21 PROTECTION OF CULTURALLY IMPORTANT SPECIES AND AREAS
21.1 Culturally Important Species
Culturally important aquatic species are listed in Schedule 3, and many of the arrangements set out in this agreement relate to the take of those species. However, there are also species that are important to the Narungga people that are not species that are taken or eaten. The importance of these species to the Narungga People should be taken into account in the development of any future policy that affects these species or their habitat within the waters to which this agreement applies.
A short description of some of these species and their importance is set out in the Table 2 as a way of providing some examples of the variety of issues involved.
18 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx Table 2: Brief descri tion of some of the si nificant marine s ecies for Naruriaaa Peo les. Name Cultural information Dolphin (all species) Narungga name is Yambu (Jampu, yump- poo) Puffer Fish / Toad Fish Narungga name is Dhanni-murdla (dami- mudlu, dunny-mood-loo) Seahorse / Seadragon / Pipehorse / Known species to Narungga People Pipefish etc. — occasionally observed when spear fishing Seal and Sea-lions Narungga name names recorded as — Wadibarru (Wadibaru, Waddy-burroo) and Mulda (Multa). The seal is recorded as a 'totem' or 'class' that amongst other things describes the social organisation of Narungga People. Shark (including Great White or White Narungga recorded names are Widhadha sharks) (Widat:a, Withut-too, Wilthuthu, Witata), Gurada (Guratu, Kuratu, Goreta, Goorta, Goo-rat-too) and Papus. Some historical sources and contemporary oral histories record the Gurada (Guratu, Kuratu, Goreta, Goora, Goo-rat-too) as the Carpet Shark or even the Banded Carpet Shark, however current usage may also refer to a shark of any kind. Sharks feature in a number of Narungga oral histories. While some Narungga people may eat the smaller sharks, White Sharks are not taken. Sea-stars (all relevant species) A colloquial recorded Narungga name is Burdli (burlie, pultudh) literally meaning star. Turtle (all relevant species) Known species to Narungga people — occasionally observed. Whale (all relevant species) Recorded Narungga names are Walbura (Wol-burro, Wul-burra) and Nhagura (Nagura). There are also known stories regarding the whale in Narungga culture.
21.2 Culturally Important Areas
All of the waters to which this agreement applies are important to the Narungga people who are the traditional owners of those waters. Further, Narungga people currently fish in all suitable waters around Yorke Peninsula. There are, however, some areas that have special significance to the Narungga people in relation to fishing. These areas include the waters surrounding the lands of Point Pearce (which include Wardang Island, White Rocks, Goose and Little Goose Island) — these waters are important for cultural and historical reasons (e.g., because of known and very important 'Dreaming Stories' and oral histories for the area as well as the historical circumstances which caused many Narungga people to be confined to the Point Pearce lands due to the colonial history and invasion of Yorke
19 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx Peninsula and subsequent government policies which greatly restricted the movement of Narungga people).
In addition, the following list provides examples of other important contemporary and/or historical fishing areas for Narungga people that are outside the lands of Point Pearce (which include Wardang Island) — Chinaman's Wells, Balgowan and the second and third beach areas north of Balgowan, Tiparra, Cape Elizabeth, Moonta Bay/Point Hughes, Tickera, Port Victoria, Point Rickaby, Bluff Beach, Port Minlacowie, Daly Head, lnnes National Park/ Marion Bay region, Foul Bay, Troubridge Point, Oyster Bay, Port Vincent, Pine Point, Ardrossan, Tiddy Widdy, Price, Port Clinton, Black Point, Wallaroo and Port Broughton (this list is indicative only and should not be considered exhaustive). The importance of these areas as well as any other relevant fishing areas to the Narungga people should be taken into account in the development of any future policy that affects fishing or fish habitat in these waters.
20 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 21.3 Access to Aquatic Protected Areas and Reserves
Marine Parks
The Marine Parks (Zoning) Regulations 2012 regulation 5 (b) states that the prohibitions and restrictions applying within a marine park do not apply to an Aboriginal person acting in accordance with an ILUA or Aboriginal tradition2. Traditional fishing activities identified and described under this agreement are therefore exempt from zoning arrangements within marine park areas.
22 RESEARCH STRATEGIES The priorities for research to support the implementation of this agreement are: (a) The development of an appropriate method for collecting catch and effort information about traditional fishing by the Narungga people. (b) Analysis of the impact of traditional fishing by the Narungga on key species such as abalone and garfish. (c) The integration of the management of traditional fishing with the management of the recreational and commercial fishing sectors.
PIRSA Fisheries and Aquaculture will seek funding to pursue research opportunities on the basis of these priorities.
If research is conducted in accordance with these priorities, the outcomes of that research will able to be used in developing arrangements under this agreement. When this agreement is reviewed in five (5) years, more sophisticated research priorities may then be able to be developed, as appropriate.
All research should be undertaken taking into account the Guidelines for Ethical Research in Indigenous Studies (2000) produced by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS).
23 EDUCATION AND AWARNESS
23.1 Awareness of Narungga People about the Agreement
NNAC have a role in educating members of the Narungga community about the arrangements that apply under this agreement. NNAC will pursue the following strategies for maintaining the awareness of Narungga community members of their entitlements and responsibilities: (a) Establish a committee that is responsible for fishing matters within the community. (b) Prepare (with PIRSA) and distribute an appropriate and easily understood by Narungga community guide about fishing limits and requirements.
2 Marine Parks (Zoning) Regulations 2012 regulation 3 defines Aboriginal tradition as meaning traditions, observances, customs or beliefs of the people who inhabited Australia before European colonisation and includes traditions, observances, customs and beliefs that have evolved or developed from that tradition since European colonisation.
21 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 23.2 Awareness of Non-Narungga Community about the Agreement
PIRSA Fisheries and Aquaculture has a role in ensuring that other fishing sectors and the wider community are aware of the arrangements that apply under this agreement. Other fishing sectors and the wider community should be aware that the Narungga people have traditional fishing rights that may be exercised under this agreement and that they also have corresponding responsibilities in terms of catch reporting and other regulations.
PIRSA Fisheries and Aquaculture will pursue the following strategies for maintaining the community's awareness of the arrangements under this agreement: (a) Ensure that reference to the Narungga Traditional Fishing Agreement is incorporated into all relevant commercial and recreational fishery management plans as those plans are progressively updated. (b) Ensure that all relevant commercial and recreational fishing management plans and policies integrate the management of Narungga Aboriginal traditional fishing activities under this agreement with the management of commercial and recreational fishing activities. In particular, arrangements in relation to allocation of access to aquatic resources must take into account the access that the Narungga have under this agreement.
23.3 Sea Ranger Program
The development and implementation of a Narungga Nation community owned Aboriginal Sea Ranger program may be explored by NNAC. The community based Sea Ranger program may include accredited training for Aboriginal Sea Rangers within each community. This would provide the means for participants to combine their existing knowledge and skills with new ones and to have them recognised within a formally accredited framework. It may then qualify them for specific and complementary roles as education/extension officers within the communities.
24 ONGOING ADMINISTRATION OF THE NARUNGGA NATION FISHING AGREEMENT
24.1 Funding
Under the terms of the Buthera Agreement the State will fund the administration and implementation management agreements of the Narungga Fishing Strategy which includes the development of a traditional fishing plan or agreement.
24.2 Consultative Arrangement
In relation to this fishing agreement, NNAC will be the contact point for consultation with the Narungga people on fisheries management issues.
24.3 Monitoring and Compliance
If a person undertakes fishing activity within the waters to which the agreement applies they
22 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx will either be fishing as an individual or for community purposes, in accordance with arrangements established under this agreement.
The agreement (and the instruments that implement the agreement) set out the ways that NNAC can authorise a person to undertake traditional fishing activities.
If a person is found to be fishing in excess of Aboriginal traditional fishing limits or fishing without authority but the person does not have any way of showing that they have permission from NNAC to undertake community fishing, then the following steps must be followed: (a) Contact NNAC and enquire about whether the person is taking community catch in accordance with the agreement. (b) If the answer to 22.3(a) is no, compliance action may be taken against the person as an individual, if appropriate. (c) If the answer to 22.3(a) is yes or no answer is provided, then NNAC must meet with the Executive Director of Fisheries and Aquaculture to discuss the monitoring and compliance arrangements under the agreement. (d) Following these discussions, the Executive Director of Fisheries and Aquaculture may determine that the matter will need to be referred to Fisheries Compliance to consider whether action should be taken against NNAC. If no compliance action is taken, the Executive Director may ask NNAC to provide a report to him to outline how monitoring and compliance with the agreement can be improved. Steps may be taken to implement these or other changes to improve compliance arrangements.
25 REVIEW OF AGREEMENT This agreement should be reviewed before the end of its term. This review process is to take place so that a new agreement, or a traditional management plan with an associated fishing ILUA, will be ready to ready to replace the existing management agreement at the time that it expires.
This agreement is to be reviewed to measure the effectiveness of the agreement in achieving its objectives and the objectives of the Fisheries Management Act 2007 in relation to: (a) Whether the objectives of the agreement are being achieved; and (b) How this is measured; and (c) Any recommendations for changes that will further pursue the objectives of the agreement
26 SUSPENSION OR TEMINATION OF THE AGREEMENT This agreement includes provisions relating to the suspension or termination of the agreement. In particular the agreement provides; (a) The agreement may terminated by agreement between the State and the NNAC in the event that a Narungga fishing ILUA and Traditional Management Plan is developed and implemented between the State and the NNAC to replace this agreement. (b) The agreement may only be terminated by agreement between the State and the NNAC or where there has been a fundamental breach of the agreement and the
23 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx State elects to terminate it under the clause 25 (c). For the purpose of this clause a fundamental breach is: (i.) Where there has been a failure by the Narungga people to comply with the monitoring and enforcement requirements of the agreement and the regime implemented under the Fisheries Management Act 2007 or portions of the agreement such as the agreement cannot be effectively administered either in whole or in part. (ii.) A fundamental breach in not constituted by a breach by an individual Narungga person who is prosecuted under the Fisheries Management Act 2007. (c) Where there is a fundamental breach of the agreement or portion of the agreement, the State may elect to terminate or suspend the operation of the agreement, or portion of the agreement. (d) If the State elects to suspend the operation of the agreement or portion of the agreement it must only do so after full consultation with the NNAC about the matters that have led to a fundamental breach in accordance with the process contained in the agreement and after giving notice to the NNAC as provided in the agreement. (e) Should the State suspend the operation of the agreement or portion of the agreement the period of suspension shall be for a period of 6 months from the time the notice is served upon the NNAC. (f) During the period of the suspension of the agreement or portion thereof: (i.) The Narungga people shall not exercise any activities allowed by agreement relating to the suspension. (ii.) An action group comprising not more than 2 representatives from each of the parties will be convened and will meet on a regular basis throughout the period of the suspension and use all reasonable endeavors to address the issues that have led to a fundamental breach of the agreement. (g) At the end of the suspension period the action group may recommend to the State that either: (i.) Aboriginal Traditional Fishing be resumed in accordance with the agreement; or (ii.) The operation of the agreement be terminated in accordance with clause 25 (c). (iii.) The agreement be suspended for a further period of 6 months during which time the action group will make a further attempt to resolve the issues and clauses 25 (f) and 25 (g) will apply.
26.1 Process to be followed
A decision to suspend or terminate this agreement may only be made by the Minister administering the Fisheries Management Act 2007.
If the Minister is considering suspending or terminating this agreement and the instruments that implement the agreement, the Executive Director of Fisheries and Aquaculture (on the Minister's behalf) will conduct a process to ensure that the Minister has all available information before him or her before making a decision. This process must include the following:
24 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx (a) Formal notice to NNAC that the Minister is considering suspending or terminating the agreement or part of the agreement; (b) A written explanation of all of the reasons that the Minister is considering this action; (c) A reasonable opportunity for NNAC and any other members of the Narungga people to provide a written response to these reasons; (d) An opportunity for NNAC to meet with the Minister (or his or her representative) to discuss the issues; (e) An opportunity for all parties to the agreement to provide information in relation to the issues raised for the Minister's consideration.
26.2 Principles to be applied
The principles to be applied in conducting this process, considering the issues and making a decision are: (a) The agreement should only be suspended or terminated if there is a fundamental breach of the agreement. (b) What constitutes a fundamental breach is to be determined in the circumstances (taking into account clause 25 (b)) (c) The collection of reliable catch and effort information is a fundamental requirement for the management of the fishery. (d) Aquatic resources taken pursuant to this agreement must not be used for commercial purposes. This is a priority issue and if this is of concern: (i.) NNAC must be able to demonstrate that reasonable steps have been taken to ensure that the use of aquatic resources taken pursuant to this agreement is not for commercial purposes; and (ii.) NNAC must have co-operated with PIRSA Fisheries in the investigation of suspected illegal fishing activity by a member of the Narungga peoples.
25 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 27 APPENDICES
27.1 Acronyms and definitions
ALT - Aboriginal Lands Trust
Cape Elizabeth Lands — means a portion of the area known to the Narungga people as Tiparra, being the whole of the land comprised in — (a) Section C, Hundred Tiparra, Certificate of Title Volume 5206 Folio 997 (Tiparra Springs); (b) Section 553, Hundred Tipparra, Crown Record Volume 5772 Folio 151; (c) Sections 3 and 4, Deposited Plan 33745, Hundred Tiparra, Crown Record Volume 5751 Folio 48; (d) Allotment 2, Deposited Plan 33745, Hundred Tiparra, Crown Record Volume 5751 Folio 47; (e) Section 552 Hundred of Tiparra, Crown Record Volume 5762 Folio 727; (f) Section Hundred of Tiparra, Certificate of Title Register Book Volume 5066 Folio 248; (g) Section Hundred of Tiparra, Certificate of Title Register Book Volume 5171 Folio 301 (h) Section Hundred of Tiparra, Certificate of Title Register Book Volume 5171 Folio 47; (i) Section Hundred of Tiparra, Certificate of Title Register Book Volume 5171 Folio 46; 0) Section Hundred of Tiparra, Certificate of Title Register Book Volume 5171 Folio 45; (k) Section Hundred of Tiparra, Crown Lease Volume 585 Folio 124; (I) Section Hundred of Tiparra, Certificate of Title Register Book Volume 5097 Folio 68; and (m)Section Hundred of Tiparra, Crown Lease Volume 585 Folio 125;
Chinamans Wells — is all of the land comprised and described in Crown Record Volume 5920 Folio 316 Hundred of Klkerran and that portion of Crown Record Volume 5920 Folio 315 Hundred of Kilkerran south from the point that it joins with Crown Record Volume 4761 Folio 211 Hundred Kikerran.
Community Catch - means catch of those species identified in the Agreement over and above the recreational limits but not including net catch.
ESD - Ecological Sustainable Development.
Executive Director of Fisheries and Aquaculture — is the head position of the Fisheries and Aquaculture Division of PIRSA and the principal delegate of the Minister and includes his or her representative or delegate or a person acting in this position
26 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx Exemption — an exemption from specified provisions of the Fisheries Management Act 2007 issued by the Minister for Primary Industries and Regional Development or his delegate and published in the South Australian Government Gazette pursuant to section 115 of the Fisheries Management Act 2007.
ILC — Indigenous Land Corporation
ILUA - Indigenous Land Use Agreement
Inter-tidal zone - means the area between the mean high water mark and the mean low water mark (including inter-tidal rocky reefs to a depth of two metres) and the water and the subsoil under or airspace over this area Minister - means the Minister to whom the administration of the Fisheries Management Act 2007 (SA) is committed.
MPA - Marine Protected Area
Native title claim - means a native title claim under the NTA
NNAC - Narungga Nations Aboriginal Corporation and includes any future body that provides the same services to the Narungga community??
Native title rights and interests - has the meaning given to it in the NTA
NTA - Native Title Act 1993 (Cwth)
PBC - Prescribed Body Corporate
P1RSA - means the Government Department responsible for the administration of the Fisheries Management Act 2007 — currently the Department of Primary Industries and Resources and is used to include any future name of this Department
Point Pearce ALT Lands - means all the land comprised and described in Register Book; (a) Certificate of title Volume 5838, Folio 948; (b) Certificate of title Volume 5840, Folio 991; and (c) Certificate of title Volume 5607, Folio 687
Regulations - means regulations made under the Fisheries Management Act 2007 (SA)
SARDI - South Australian Research and Development Institute
Take - has the meaning given to it in the Fisheries Management Act 2007 (SA)
The State - means the Crown in the right of the State of South Australia and any of its Ministers, agencies, instrumentalities, employees, agents or statutory corporations formed by or pursuant to legislation enacted by the Parliament of South Australia
27 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 27.2 Glossary of Common Fisheries Management Terms
These terms are intended to be used for the purposes of this agreement only and are not intended to be inconsistent with fisheries legislation. Aboriginal traditional fishing Fishing engaged in by an Aboriginal person for the purposes of satisfying personal, domestic or non-commercial, communal needs, including ceremonial, spiritual and educational needs, and using fish and other natural marine and freshwater products according to relevant Aboriginal custom. Allocation Distribution of the opportunity to access fisheries resources, within and between fishing sectors. Aquatic plant An aquatic plant of any species, including the reproductive products and parts of an aquatic plant. Aquatic reserve An area of water, or land and water, established as an aquatic reserve by proclamation under the Fisheries Management Act 2007. Aquatic resource Fish or aquatic plants. Bag limit The maximum number of fish of a species that a recreational fisher can legally take in any 24 hour period commencing at midnight. Biodiversity The variability among living organisms from all sources (including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part) and includes: (a) diversity within species and between species; and (b) diversity of ecosystems. Biological stock Functionally discrete population that is largely distinct from other populations of the same species and can be regarded as a separate entity for management or assessment purposes. Biomass The total weight or volume of individuals in a fish stock. Boat limit The maximum number of a species that can be legally taken by recreational fishers on a boat per day or per fishing trip, as specified. By-catch At a broad level, fisheries by-catch includes all material, living and non-living, other than targeted species which is caught while fishing. It includes discards (that part of the catch that is returned to the water) and also that part of the catch that is not landed but is killed as a result of interaction with fishing gear. Catch The total amount (weight or number) of a species captured from within a specified area over a given period of time. The catch includes any animals that are released or returned to the water. Closures Prohibition of fishing during particular times or seasons (temporal closures) or in particular areas (spatial closures), or a combination of both. Co-management Arrangements between governments and stakeholder groups to allow joint responsibility for managing fisheries resources on a cooperative basis. Co-management arrangements can range from a consultative model where stakeholders have an advisory role to government, to an informative model where co-managers have decision-making powers. Commercial fishing Fishing undertaken for the purpose of trade or business. Commercial quantity limit A commercial quantity limit under the Fisheries Management Act 2007 is a prescribed number of fish for a species that represents what is considered a commercial quantity of that species. If a person has the prescribed amount of fish in their possession, then the onus of proof is reversed in any prosecution relating to having to satisfy that they obtained the fish
28 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx legally and/or are not for commercial gain. It is assumed in the absence of proof that they were for the purpose of sale. Common property resource A resource that is determined to be owned by the community, or by the State on behalf of the community, and to which no individuals or user groups have exclusive access rights. Ecologically sustainable development (ESD) Using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased. Ecosystem A dynamic complex of plant, animal, fungal, and micro-organism communities and Fish An aquatic animal other than an aquatic bird, an aquatic mammal, a reptile or an amphibian. FisheryA term used to describe the collective enterprise of taking fish. A fishery is usually defined by a combination of the species caught (one or several), the gear and/or fishing methods used, and the area of operation. Fishery dependent data Information collected about a fishery or fish stock by the participants of a fishery, e.g. catch and effort information from fishery log sheets. Fishery independent data Information collected about a fishery or fish stock by researchers, independent of the fishery, e.g. scientific surveys, observer reports. Gear restriction A type of input control used as a management tool to restrict the amount and/or type of fishing gear that can be used by fishers in a particular fishery. Habitat The place or type of site in which an organism naturally occurs. Harvest The total number or weight of fish caught and kept from an area over a period of time. Input controls A management tool that restrains fishing effort, includes restraints on who fishes (licence limitations), where they fish (closed areas), when they fish (closed seasons) and/or how they fish (gear restrictions). Logbook An official record of catch and effort data made by fishers. In South Australian commercial fisheries licence conditions make the return of logbooks mandatory. Marine park In South Australia, marine parks are a type of marine protected area proclaimed under the Marine Parks Act 2007 with the primary aim of protecting and conserving marine biodiversity. South Australia's marine parks are zoned and managed for multiple use to protect and conserve marine biodiversity while providing for the ecologically sustainable use of suitable areas. Output controls Limitations on the weight of the catch (quota), or the allowable size, sex or reproductive condition of individuals in the catch. Overfished Spawning stock biomass has been reduced through catch, so that average recruitment levels are significantly reduced (i.e. recruitment overfished). Current management is not adequate to recover the stock, or adequate management measures have been put in place but have not yet resulted in measurable improvements. Management is needed to recover this stock; if adequate management measures are already in place, more time may be required for them to take effect. Population A group of individuals of the same species, forming a breeding unit and sharing a habitat. Possession Limit Possession limits restrict the quantity or total weight of fish that recreational fishers can catch and keep. Possession limits are a useful regulatory tool that prevents recreational fishers taking and stockpiling large quantities of fish. Precautionary principle This concept asserts that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing
29 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx measures to prevent environmental degradation. In the application of the precautionary principle, public and private decision-making should be guided by: (i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment; and (ii) an assessment of the risk- weighted consequences of various options. Recreational fishing fishing other than commercial fishing or Aboriginal traditional fishing. Recruitment The addition of new individuals to a stock. Recruitment overfished The point at which a stock is considered to be recruitment overfished is the point at which the spawning stock biomass has been reduced through catch, so that average recruitment levels are significantly reduced.
Ring net— a mesh net that has floats on the head line and leads on the bottom line and is designed and constructed to encircle a school of fish. (As defined in the Fisheries (General) Regulations 2007). Seasonal closure Closure of a fishing ground for a defined period; used as a management tool, often to protect a particular component of the stock e.g. used to protect a stock during a spawning season.
Set net— a static mesh net set from shore. Socio-economic Relating to both social and economic considerations. Spatial Of or relating to space. Spatial closure A method of fisheries management that prevents fishing in a defined area. Species A group of organisms capable of interbreeding freely with each other but not with members of other species. Size limits A minimum or maximum legal size limit which determines the legal size at which a given species can be retained. Slot size limit Refers to a situation where both a minimum and maximum size limit has been determined for a given species. Stakeholder An individual or a group with an interest in the conservation, management and use of a resource. Stock A group of individuals of a species occupying a well-defined spatial range independent of other groups of the same species, which can be regarded as an entity for management or assessment purposes. Stock assessment A detailed analysis of stock status (abundance, distribution, age structure, etc.) to support the management of the species or fishery. Sustainable Stock for which biomass (or biomass proxy) is at a level sufficient to ensure that, on average, future levels of recruitment are adequate (i.e. not recruitment overfished) and for which fishing pressure is adequately controlled to avoid the stock becoming recruitment overfished. Appropriate management is in place Target species A species that is, or has been, specifically targeted and is, or has been, a significant component of a fishery. Temporal Of or relating to time. Temporal closure Closure that is implemented to protect fish stocks during specific stages (time) of their life cycle (for example, while spawning). Threatened A species or community that is vulnerable, endangered or presumed extinct.
30 1 February 2019 A3923621 Draft Narunqqa Nation Traditional Fishing Agreement.docx Transitional—depleting Deteriorating stock—biomass is not yet recruitment overfished, but fishing pressure is too high and moving the stock in the direction of becoming recruitment overfished. Transitional—recovering Biomass is recruitment overfished, but management measures are in place to promote stock recovery, and recovery is occurring. Vulnerable species Under endangered species protection legislation, a species that will become endangered within 25 years unless mitigating action is taken.
31 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 28 SCHEDULE 1 - NARRUNGA NATION'S BOUNDARY DESCRIPTION Register Extract Attachment: SAD62/2013 (SC2013/002) External boundary description Attachment B' of the application 25/03/2013
Narungga Nation #1 Native Title Claim External boundary description
The application area covers all the lands and waters within the external boundary described as: Commencing at the intersection of the five (5) kilometres buffer seaward of the High Water Mark and the line joining Longitude 137.869708° East, Latitude 33.518051° South and Longitude 137.893533° East, Latitude 33.531282° South, also being a point of the southern boundary of Native Title Determination Application SAD6012/98 - Nukunu Native Title Claim (5C96/5) and extending generally south easterly and generally easterly along the southern boundary of that native title determination application passing through the following coordinate points:
Longitude° (East) Latitude° (South) 137.893533 33.531282 137.895513 33.535870 137.904673 33.547292 137.915906 33.555454 137.930455 33.560781 137.934053 33.561765 137.940844 33.563623 137.948898 33.563627 137.961609 33.563633 137.969998 33.563637 137.981542 33.563643 137.998980 33.561879 138.033439 33.557639 138.055024 33.554103 138.068308 33.551627 138.080762 33.549860 138.101023 33.548764 138.125991 33.544801 138.132004 33.543847 138.147115 33.540537 138.169442 33.535932 138.199254 33.531794
Then again easterly along that boundary of again Native Title Determination Application SAD6012/98 - Nukuna Native Title Claim (SC98/05) to Longitude 138.207848° South, also being the north western corner of Native Title Determination Application SAD6001/100 - Kaurna peoples Native Title Claim (SC00/1); then generally southerly along the western boundary of that native title determination application passing through the following coordinate points:
32 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx Longitude° (East) Latitude° (South) 138.214452 33.536751 138.221554 33.560305 138.222017 33.612471 138.224553 33.621725 138.224526 33.653698 138.211267 33.692413 138.209185 33.748788 138.211707 33.773187 138.204739 33.783383 138.209833 33.797828 138.208820 33.808463 138.192556 33.843383 138.179848 33.865109 138.169181 33.900863 138.161553 33.908540 138.161559 33.922574 138.160545 33.931507 138.166144 33.940423 138.165639 33.948930 138.188030 33.968853 138.202789 33.984971 138.208899 33.999412 138.208401 34.024930 138.204842 34.030469 138.203829 34.040253 138.204852 34.053434 138.199266 34.076841 138.185034 34.104525 138.163691 34.156045 138.151485 34.163311 138.148443 34.185009 138.14221 34.191209 138.125553 34.204658
Then south westerly along the prolongation of that last line to a point five (5) kilometres seaward of the High Water Mark; then generally north westerly, generally south westerly, generally westerly generally northerly, generally easterly, again generally northerly, generally north easterly and generally north westerly along a buffer of five (5) kilometres seaward of the High Water Mark back to the commencement point.
Note: The five (5) kilometre buffer boundary is to be ascertained from the high water mark of any islands contained within five kilometres of the high water mark and five kilometres around Troubridge Island, Seal Island and the Althorpe Islands.
The area subject to this application excludes all land and waters subject to Native Title Determination Application: registration • SAD6001/00 - Kaurna peoples Native Title Claim (S000/1) as accepted for 22nd August 2001. registration 17th • SAD6012/98 - Nukunu Native Title Claim (SC98/5) as accepted for January 2000.
33 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx Note Data Reference and source • Application boundary data compiled by National Native Title Tribunal based on sourced from the Department of Environment and Heritage (SA). • High Water Mark is as defined by Dept of Planning, Transport and Infrastructure (SA).
Reference datum Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 1994 (GDA94), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
Use of Coordinates Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome to the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a positon other than by detailed ground survey.
Prepared by Geospatial Services, National Native Title Tribunal (22 May 2012)
34 1 February 2019 A3923621 Draft Narunqqa Nation Traditional Fishing Agreement.docx 29 SCHEDULE 2-NARUNGA PERSONS CLAIMING TO HOLD NATIVE TITLE The Native Title Claimants are those Aboriginal people who; (a) Are the biological descendants of the following ancestors:
(i.) A 'full-blooded Narungga woman of the Wallaroo area', married to Charlie Angie (China);
(ii.) King Tommy and a 'full-blooded woman named Mary' ('Queen Mary' married to King Tommy); (iii.) Ben Simms (of Wallaroo)
(iv.) Maria ('Aboriginal Narungga of Wallaroo, married to white jailer, surname 'Hughes', at Wallaroo);
(v.) S(t)ansbury 'Narungga woman of Moonta'; (vi.) Annie Radford; or (b) Are accepted by those listed at (a) as being adopted into the Narungga community under traditional law and custom, because of any of the following reasons: (i.) Birth in the claim area; (ii.) Having a long term physical connection with claim area; (iii.) Having a parent or grandparent born or buried in the claim area;
Further information regarding the description of the native title claim group is provided on the National Native Tribunal website on the Register of Native Title Claims Details for SC2013/002 — Narungga Nation; Attachment A claim group description, 3 pages — A4, 25/03/2013. (http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/RNTC_details.aspx?NNTT_ Fileno=S02013/002);
35 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 30 SCHEDULE 3-CULTURALLY IMPORTANT SPECIES
Table 3: S ecies that are taken by Narun a peoples for food or other purposes Common Name Scientific Name Narungga Name3 Abalone/Muttonfish Haliotis spp. birra (pira) (all relevant species) Black Cowrie Zoila friendii the rsites Maw-di (murroo) Black Periwinkle/ Melanerita melanotragus warana Pennywinkle Blue Devil Paraplesiops meleagris n/a and Paraplesiops alisonae Bream (all relevant Acanthopagrus spp. and buda-budu (buda-buto, species) Nematolosa erea booda-buttoo, badalultha) [bony], urdududna [silver] Butterfish/Humpy Psilocranium nigricans gayinbara (kainbara, Butterfish/ Hump Back gynbra, gynagburra, Butterfish/ Dusky coynbinya, kaipulja, gaibuija, Morwong/Strongfish kangburra, gyndjburra, gynje-burra) (this term often relates to a butterfish of a large size), nhudli (nudli, noodlee, noordly) (butterfish with a bent tail/spine), warimbru# (worrimbru) Cartrut Dicathais spp. n/a Shell/Winkle/Common Dog Whelk Catfish Cnidoglanis awadji (awatyi, macrocephalus ower-jee) [estuary catfish] Chiton Poneroplax albida n/a Cockle/Pipi/Mud e.g., Katelysia spp. and biliIP Cockle (all relevant Donax deltoides# species) Crab (all relevant Order Decapoda gadanggala or gun ggula species) (gatankala, goon-gulla, kungula, gud-ung-ala) [blue swimmer] Cuttlefish Sepia spp. gel', goon-der-ra
3 List includes alternative spelling and alternative names — square brackets indicate a particular species' name. Current orthography (from the NAPA language project) is printed in bold — additional spelling is in brackets. Names in parentheses indicate colloquial Narungga names. Fish of any kind may also be generally referred to as guuya (gooya, kuja, coo-ya, guhyar, kooyar, kuya, quea) by Narungga. Similarly shells (particularly abalone) may also be generally referred to as birra (pira) by Narungga. An item with a ‘#' following it indicates that there may be limited sources, uncertain scientific reference or lack of information for this entry.
36 1 February 2019 A3923621 Draft Narunqqa Nation Traditional Fishing Agreement.docx Dory (all relevant Family Zeidae n/a species) Drummer (all relevant Family Kyphosidae Thoongka-guuya' species) Duckbill Scutus spp. n/a Flathead (all relevant Platycephalus spp. n/a species) Flounder (all relevant Family Pleuronectidae and dha yuguli; ta:yukuli, ta- species) Family Bothidae yukuli, tajukuli, thabarayoogooly Garfish (all species) Family Hemiramphidae warndge Groper/Bluehead Achoerodus gouldii gadabibardi (gatapitparti, gutter-be-berty) Leather jacket (all Family Monacanthidae n/a relevant species) Limpet (all relevant e.g., Family Nacellidae, `goonthy hat' species) Family Patellidae, Family Lepetidae and Family Lottidae Morwong (all relevant Family Cheilodactylidae n/a species excluding the Dusky Morwong which is listed separately above) Mud Oyster Ostrea angasi n/a Mullet (all Family Mugilidae warta [jumping], millharta, [travelling], mil-da-murtoo, relevant species Family Mullidae including estuarine gadawari (gatta worrie), and red) ballara (bolara), baldi (pa/tie) Mulloway Argyrosomus japonicus doong-garra, dun gara Mussel (all relevant Family Mytilidae n/a species) Nautilus Shell (all Family Nautilidae birra-ungky relevant species) Octopus Octopus spp. marawidji (mar:awityi, murra-widgee) Parrot Fish/VVrasses Family Labridae n/a (all relevant species) Pilchard/Australian Family Clupeidae and n/a Sardine Family Engraulididae Razorfish Pinna bicolor n/a Redfish/Swallowtail/ Family Berycidae n/a Nannygai (all relevant species)
37 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx Rock Cod (all relevant Family Moridae n/a species) Rock lobster Jasus edwardsii gubba (ku:pa, coop-a) [southern spiny], dhannibadja (danibutcha), warranggume (worronguna) Rock Whelk (all e.g., Cabestana spengleri n/a relevant species) and Thais orbita textilosa Salmon (all relevant e.g., Arripis truttaceus and gulyalya (gulalya, coolallah, species) Arripis trutta gool-ul-ya kulalya) , [Australian], wittate Scallop (all relevant Family Pectinidae n/a species) Sea Urchin (all Class Echinodea n/a relevant species) Shark (all relevant Class Elasmobranchii widhadha (widat:a, withut- species excluding too, wilthuthu, witata), great white) gurada (guratu, kuratu, goreta, goorta, goo-rat-too) (some sources record this as the carpet shark or even the banded carpet shark, however current usage may also refer to a shark of any kind), papus Prawn/Shrimp (all Suborder Natantia n/a relevant species) Snapper (all relevant e.g, Pagrus auratus and gadbari (kadbari, gadburi, species) Family Sparidae cud-burry, cood-berry, gatburie), midaga# (mittaga) Snook Sphyraena dhudnalt novaehollandiae Squid/Calamari (all e.g., Sepioteuthis australis n/a relevant species) and Nototodarus gouldi Stingray/Fiddler/Skate Order Myliobatiformes, mandibalda (mandipalta, (all relevant species) Order Squatiniformes and mundy-bulter) [smooth], Order Rajiformes gadhara (gad:ara, guthera, gud-der-ah, guddoo-la) [small], mandildu (mandiltu, mun-dilt-too, monditu) [large], guddoo-la [fiddler] Striped Periwinkle/ Austrocochlea spp. warana Pen nywinkle Sweep (all relevant Scorpis spp. n/a species)
38 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx Tommy Ruff / Arripis Georgiana/Family dhangra [large], guura Australian Herring Arripidae (kura) [small] Trevally (all relevant e.g., Pseudocaranx dentex minthaya species) /Caranx georgianus Trumpeter/Striped e.g., Pelates Octolineatus n/a Perch (all relevant and Family Latridae species) Tulip Shell Pleuroploca australasia n/a Warrener/Turbo shell Subninella n/a undulata/torquata Whiting (all relevant Family Sillaginidae and yard!! (yerdli, jardli, yard-lee, species including Family Odacidae yurrd-lee, yud-lee) [spotted], Weedy Whitings) widba# (witba) [silver], wallaldu (walaltu), win ggara (wingera, wingara) Yellowtail Kingfish Serbia /alandi n/a
Table 4: Those s ecies that are collected by Narunqga geoDles from inter-tidal rocky reefs Common Name Scientific Name Narungga Name Black Periwinkle/ Melanerita melanotragus warana Pennywinkle Cartrut Dicathais spp. n/a ShellANinkle/Common Dog Whelk Chiton Poneroplax albida n/a Duckbill Scutus spp. n/a Limpet (all relevant e.g., Family Nacellidae, `goonthy hat' species) Family Patellidae, Family Lepetidae and Family Lottidae Mussel (all relevant Family Mytilidae n/a species) Rock Whelk (all e.g., Cabestana spengleri n/a relevant species) and Thais orbita textilosa Scallop (all relevant Family Pectinidae n/a species) Sea Urchin (all Class Echinodea n/a relevant species) Striped Periwinkle/ Austrocochlea spp. warana Pennywinkle Tulip Shell Pleuroploca australasia n/a Warrener/Turbo shell Subninella n/a undulata/torquata
39 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx Table 5: S ecies that are not taken by Naruncia DeoOles Common Name Scientific Name Narungga Name Dolphin (all relevant e.g., Tursiops truncatus yambu (jampu, yump-poo, species) and Delphinus de/phis yampu) [common dolphin] Puffer Fish/Toad Fish Family Tetraodontidae and dhanni murdla, (dami- (all relevant species) Family Aracanidae mud/u, dunny-mood-loo) Seahorse/Seadragon/ Family Syngnathidae n/a Pipehorse/Pipefish etc. (all relevant species) Seal/Sea Lion (all e.g., Neophoca cinera and wadibarru (wadibaru, relevant species) Artocephalus forsteri waddy-burroo), mulda# (multa) Shark (great white/ Carcharodon carcharias widhadha (widat:a, withut- white shark) too, wilthuthu, witata), gurada (guratu, kuratu, goreta, goorta, goo-rat-too) (some sources record this as the carpet shark or even the banded carpet shark, however current usage may also refer to a shark of any kind), papus Starfish (all relevant Class Asteroidea and burdlIT (burlie, pul:I, budli) species) Class Ophuroidea Turtle (all relevant e.g., Dermochelys n/a species) coriacea and Caretta caretta Whale (all relevant e.g., Eubalaena australis walbura (wol-burro, wul- species) burra), nhagura (nagura)
40 1 February 2019 A3923621 Draft Narungga Nation Traditional Fishing Agreement.docx 3wi1ftlra Agreement between \arungga \ation Aooriginal Corporation and The State of South Australia
SOUTH Government AUSTRALIA of South Australia DATED DAY OF
BUTHERA AGREEMENT
BETWEEN
NARUNGGA NATION ABORIGINAL CORPORATION ("NNAC")
-AND- THE STATE OF SOUTH AUSTRALIA ("STATE")
CROWN SOLICITOR Level 9,45 Pine Street, Adelaide SA 5000 Page 1 of 12
BUTHERA AGREEMENT dated
PARTIES:
NARUNGGA NATION ABORIGINAL CORPORATION ("NNAC")
AND
THE STATE OF SOUTH AUSTRALIA ("STATE").
BACKGROUND:
A. NNAC asserts that Narungga People and their ancestors have owned and occupied the land now known as Yorke Peninsula and the surrounding waters and islands from time immemorial.
B. The State notes that a native title claim by the Narungga People in respect of the land now known as Yorke Peninsula is currently before the Federal Court and is yet to be determined.
C. NNAC anticipates that it will become registered as the Narungga PBC upon determination of the Native Title Claim.
D. Section 2 of the Constitution Act 1934 (SA) sets out (among other things) that the Parliament on behalf of the people of South Australia:
a) acknowledges that the making of constitutional instruments by the Parliament and monarch of the United Kingdom of Great Britain providing for the governance of South Australia and for the making of laws for peace, order and good government occurred without proper and effective recognition, consultation or authorisation of Aboriginal peoples of South Australia; and
b) acknowledges and respects Aboriginal peoples as the State's first peoples and nations and as traditional owners and occupants of land and waters in South Australia; and
c) acknowledges that the Aboriginal peoples have endured past injustice and dispossession of their traditional lands and waters.
Section 2 of the Constitution Act 1934 (SA) is stipulated to have no legal force or effect. Page 2 of 12
E. Both parties wish to strengthen the relationship between the Narungga People and the State, and for their relationship to embody and enable the following outcomes (Outcomes):
1. the State engages with the Narungga People in a manner respectful of Narungga People and their inherent dignity; 2. Narungga People enjoy a sustainable economy deriving from diverse sources; 3. the State respects the rights of Narungga People to maintain their culture including their connection with sites, their history, tangible and intangible property, ceremony, dance, song, language, ways of teaching and learning, and their right to develop and evolve their culture; and 4. each party communicates honestly with the other and conducts itself in all dealings with the other party in good faith.
F. Under this Agreement the parties intend to establish a respectful and constructive relationship to assist Narungga People to secure cultural, social and economic well- being.
OPERATIVE PROVISIONS
1. INTERPRETATION AND DEFINITIONS 1.1 In this Agreement the following meanings are ascribed to the following expressions: 1.1.1 AGD means the Attorney General's Department; 1.1.2 Business Day means any day that is not a Saturday, Sunday or a public holiday in Adelaide; 1.1.3 day means calendar day; 1.1.4 CAA means the Courts Administration Authority; 1.1.5 DCP means Department for Child Protection; 1.1.6 DCS means the Department of Correctional Services; 1.1.7 DCSI means the Department for Communities and Social Inclusion; 1.1.8 DECD means the Department for Education and Child Development; 1.1.9 DEWNR means the Department of Environment Water and Natural Resources; 1.1.10 DPTI means the Department of Planning Transport and Infrastructure; 1.1.11 DSD means the Department of State Development; 1.1.12 Economic Enterprises and Employment Schedule means the schedule with that title attached to this Deed; 1.1.13 Health SA means the Department for Health and Ageing; 1.1.14 Funding Deed means the deed referred to in clause 8; 1.1.15 Minister means the Minister for Aboriginal Affairs and Reconciliation, or in the event of a reorganisation of government, any Minister who Page 3 of 12
assumes the functions rights and obligations of the Minister for Aboriginal Affairs and Reconciliation; 1.1.16 Narungga native title claimants means the people described as native title claimants in the Native Title Claim; 1.1.17 Narungga People means Narungga native title claimants and all other people who are of Narungga descent, identify as Narungga and are accepted by Narungga as being Narungga; 1.1.18 Narungga PBC means a corporation that is registered as a PBC pursuant to s 193(2)(a) of the Native Title Act 2013 in relation to the determination of the Native Title Claim; 1.1.19 Native Title Claim means the claim before the Federal Court of Australia with the Federal Court file number SAD62/2013; 1.1.20 Native Title Claim Area means the area described in the Native Title Claim; 1.1.21 native title law means the Native Title Act 1993, all delegated legislation made under that Act, and the common law of Australia as it affects native title; 1.1.22 NNAC means Narungga Nation Aboriginal Corporation, a corporation constituted under the Corporations (Aboriginal and Torres Strait Islander) Act 2006, Indigenous Corporation Number 3863; and its successors; 1.1.23 Outcomes means the outcomes described in paragraph E of the Background to this Agreement; 1.1.24 prescribed body corporate or PBC has the meaning attributed in native title law; 1.1.25 Senior Stakeholders means the persons designated as Senior Stakeholders in clause 13;
1.2 In this Agreement the following rules of interpretation apply. 1.2.1 A reference to this Agreement is a reference to this Agreement as amended, varied, novated or substituted from time to time; 1.2.2 A reference to any legislation or to any provision of any legislation includes: 1.2.2.1 all legislation, regulations, proclamations, ordinances, by- laws and instruments issued under that legislation or provision; and 1.2.2.2 any modification, consolidation, amendment, re-enactment or substitution of that legislation or provision; 1.2.3 A reference to an administrative unit includes any successor administrative unit which assumes the functions of that administrative unit in any reorganisation of the South Australian public sector; 1.2.4 A word importing: 1.2.4.1 the singular includes the plural; and Page 4 of 12
1.2.4.2 the plural includes the singular. 1.2.5 If any act pursuant to this Agreement would otherwise be required to be done on a day which is not a Business Day then that act may be done on the next Business Day; 1.2.6 Where a word or phrase is given a defined meaning, any other part of speech or grammatical form in respect of that word or phrase has a corresponding meaning; 1.2.7 A reference to a clause or schedule is a reference to a clause of, or a schedule to, this Agreement; 1.2.8 A reference to a clause number includes a reference to all of its subclauses; 1.2.9 Where general words are associated with specific words which define a class, the general words are not limited by reference to that class; 1.2.10 The clause headings and title of this Agreement are for convenience only and they do not form part of this Agreement; 1.2.11 The word "or" is not exclusive; and 1.2.12 In resolving inconsistencies in this Agreement, this Agreement will be construed by reference to the following order of priority: 1.2.12.1 this Agreement; 1.2.12.2 a Schedule.
2. CONSIDERATION AND NATURE OF AGREEMENT 2.1 In consideration of the State entering into this Agreement NNAC will pay to the State on demand by the State the sum of $10. 2.2 The parties may determine from time to time that a new strategy or initiative is required to achieve the Outcomes, and may from time to time amend or expand this Agreement to record their agreement to implement a new strategy or initiative. 2.3 This Agreement takes effect as a contract under the law applicable in South Australia. 2.4 Nothing in this Agreement can be taken to pre-empt the outcome of the Native Title Claim nor can anything in this Agreement be taken to be relevant or used as evidence in relation to the Native Title Claim. 2.5 This Agreement does not confer rights or impose obligations on any person or corporation other than the parties to this Agreement.
3. TREATY The parties intend to work together with the aim of promoting a legislative structure that enables the parties to negotiate entry into a treaty in the future. Page 5 of 12
4. TERM This Agreement commences on the date when both of the parties have executed this Agreement and will endure (unless sooner terminated) for a term of ten years expiring on the tenth anniversary of the date of commencement (the 'Term').
REPRESENTATION BY NNAC 5.1 NNAC warrants that: 5.1.1 it represents the interests of the Narungga People; 5.1.2 any benefits received by NNAC pursuant to this Agreement and the performance of this Agreement by NNAC will be received and undertaken in the best interests of the Narungga People as a whole; 5.1.3 it has been authorised by the Narungga People to enter this Agreement on its own behalf and on behalf of the Narungga People, by the Narungga People; 5,1.4 in the event that the Native Title Claim is successful NNAC will use its best endeavours to be registered as the Narungga PBC.
6. NATIVE TITLE CLAIM 6.1 The State will use its best endeavours to expedite a resolution of the Native Title Claim by: 6.1.1 requesting the Federal Court to make the Native Title Claim a higher priority in the list; 6.1.2 expediting the connection assessment; 6.1.3 providing for additional resources immediately to be dedicated to the assessment of tenure of the land subject to the Native Title Claim with a view to completing that process within a period of eighteen months and if possible within twelve months of the commencement of this Agreement. 6.2 The State has, as at the date of this Agreement and as a mark of good faith, already requested the prioritisation of the Native Title Claim by the Federal Court. 6.3 The State will, as in the normal course, use its best endeavours to provide results of tenure assessment to the Native Title Claimants' legal advisers incrementally to expedite agreement on the native title status of all relevant land. 6.4 The objective of accelerating the Native Title Claim process, subject to connection evidence satisfying the criteria for recognition of native title under the Native Title Act 1993 (Cth), is to achieve a negotiated settlement as to compensation due under the Native Title Act 1993 and all other matters associated with the determination of native title including the negotiation of Indigenous Land Use Agreement(s) (ILUA). The State will act in good faith in such negotiations.
7. COMMITMENT TO REVISIT EXISTING LOCAL GOVERNMENT ILUA 7.1 In 2004 an ILUA was entered into between the State, NNAC and other parties (2004 ILUA).
((/`\ oL- Page 6 of 12
7.2 In the context of the process of the resolution and determination of the Native Title Claim the State will, subject to the cooperation of all parties including local councils and South Australian Native Title Services Ltd, engage in good faith in a negotiation concerning the following proposed changes to the 2004 ILUA: 7.2.1 amend compensation entitlements so that the benefits provided or to be provided under the 2004 ILUA are not full and final compensation for all future acts; 7.2.2 remove the blanket consent to future extinguishment of native title by notifiable act; 7.2.3 provide that no extinguishment results by s 24 KA facilities for the public, non-exclusive possession, leasehold interests, and other acts that would under the Native Title Act 1993 result in the non- extinguishment principle applying; and 7.2.4 remove the `no right to negotiate' statements concerning future acts by State and Councils.
8. FINANCIAL SUPPORT — CAPACITY BUILDING 8.1 The State acknowledges that in order to promote the Outcomes, NNAC needs to build its capacity in relation to governance, property management, facilitation support and protection of Narungga culture and language, driving economic development, economic enterprise, and collaborative engagement with agencies of government. 8.2 Contemporaneously with this Agreement, the Minister and NNAC will enter into a deed (Funding Deed) for the payment of funds to NNAC, for the following purposes: 8.2.1 to establish and operate NNAC; 8.2.2 to support effective governance arrangements for NNAC; 8.2.3 to review and optimise corporate and legal structures suited to the promotion of the Outcomes including the operation of commercial enterprises, long-term landholding and safeguarding of property and wealth for the benefit of future generations; 8.2.4 to provide for a suitable level of executive capability to operate those structures; and 8.2.5 to provide for capability to engage effectively with the State in relation to the collaborative engagement contemplated in this Agreement and for the implementation, monitoring and review of this Agreement.
9. LAND HELD BY THE ABORIGINAL LANDS TRUST 9.1 The State confirms that it will review the State's policy with respect to the Aboriginal Lands Trust. 9.2 After the Native Title Claim has been determined and the Narungga PBC has been registered in relation to the Native Title Claim Area under the Native Title Act 1993, subject to the State's then current policy with respect to the Aboriginal Lands Trust, the State will enter into good faith negotiations to allow the State in its discretion to divest land currently owned by the Aboriginal Lands Trust in the icAz\ /KO ni 4/5 Page 7 of 12
Native Title Claim Area, to NNAC, or any other appropriate body as agreed to by the parties.
10. 1NNES NATIONAL PARK — CO-MANAGEMENT AND ACCESS 10.1 The State (through DEWNR) will negotiate in good faith with NNAC with a view to reaching an agreement (on mutually acceptable terms) on co-management of Innes National Park. 10.2 The State intends that Narungga People will not be charged fees for entry into Innes National Park. The State will work collaboratively with NNAC or to determine suitable arrangements to identify Narungga People so as to secure entry without charge.
11. ECONOMIC ENTERPRISES AND EMPLOYMENT 11.1 The State will (through designated administrative units and designated individuals), in collaboration with NNAC, use its best endeavours to, implement the projects described in the Economic Enterprises and Employment Schedule and: 11.1.1 provide necessary information in order to maximise the opportunity to achieve the outcomes identified with respect to each project; 11.1.2 provide professional advice within the scope set out in the Economic Enterprises and Employment Schedule; 11.1.3 meet and negotiate in good faith within the scope set out in the Economic Enterprises and Employment Schedule; and 11.1.4 perform the tasks allocated to the State in the Economic Enterprises and Employment Schedule. 11.2 NNAC will (through designated individuals and/or corporate entities) in collaboration with the State, use its best endeavours to, implement the projects described in the Economic Enterprises and Employment Schedule and: 11.2.1 provide necessary information in order to maximise the opportunity to achieve the outcomes identified with respect to each project; 11.2.2 meet and negotiate in good faith within the scope set out in the Economic Enterprises and Employment Schedule, and 11.2.3 perform the tasks allocated to NNAC in the Economic Enterprises and Employment Schedule. 11.3 The Economic Enterprises and Employment Schedule sets out with respect to each identified project the designated individuals and entities, timeline, scope of engagement, and allocated tasks.
12. SOCIAL SERVICES - COLLABORATION DECISION-MAKING AND ALIGNMENT 12.1 The State will use its best endeavours to implement the social service strategies identified in the Social Services Schedule working through designated individuals and administrative units and: 12.1.1 inform and collaborate with NNAC on the social service strategies; Page 8 of 12
12.1.2 meet and negotiate in good faith within the scope set out in the Social Services Schedule; and 12.1.3 implement improvements identified in the Social Services Schedule or agreed to through the process of collaboration and negotiation. 12.2 NNAC will use its best endeavours to, support the implementation of the social service strategies (working through designated individuals and/or corporate entities) and: 12.2.1 inform and collaborate with the State; and 12.2.2 meet and negotiate in good faith within the scope set out in the Social Services Schedule. 12.3 The Social Services Schedule sets out with respect to each social service strategy the designated individuals and entities, timeline, and scope of engagement.
13. IMPLEMENTATION, MONITORING AND REVIEW 13.1 The Chief Executive of the Department of State Development is responsible for implementation of the State's obligations under this Agreement. 13.2 The Chief Executive of NNAC or such other person as nominated by NNAC will be responsible for implementation of NNAC's obligations under this Agreement. 13.3 The Chief Executives, or their nominees, will jointly prepare an annual Progress Report to the parties on progress and achievements under this Agreement. 13.4 If the Chief Executives or their nominees have differing views on any matter dealt with in the Progress Report they will each represent their view in the report, highlighting the difference. 13.5 The Progress Report will be delivered to the Senior Stakeholders, who are: 13.5.1 for NNAC, The Chief Executive Officer of NNAC or such other person as nominated by NNAC; and 13.5.2 for the State, the Minister. 13.6 The Senior Stakeholders must hold a Review Meeting within one month of receiving a Progress Report. 13.7 At a Review Meeting the Senior Stakeholders will consider and discuss: 13.7.1 progress in relation to the Outcomes; 13.7.2 strategies to resolve issues; and 13.7.3 whether NNAC is willing to remain committed to the relationship embodied in this Agreement for the unexpired period of the Term commencing 12 months after the Review Meeting.
14. PUBLIC STATEMENTS Each party undertakes that it shall not make or permit to be made a public announcement or media release ("announcement") about any aspect of this Agreement or its implementation unless:
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14.1 it has reached agreement with the other party about the content, timing and media of the announcement; or 14.2 the other party has made an announcement without reaching agreement as required by this clause.
15. DISPUTE RESOLUTION 15.1 If there is a dispute between an administrative unit of the State and NNAC in relation to performance of this Agreement, and if they have made reasonable efforts over a period of at least 28 days to resolve the dispute, without success, either party may refer the dispute to the Chief Executives or their nominees. 15.2 If the Chief Executives or their nominees cannot resolve the dispute within 56 days of the dispute having been referred to them, they must refer the dispute to the Senior Stakeholders. 15.3 If the Senior Stakeholders cannot resolve the dispute within 56 days of the dispute having been referred to them the Senior Stakeholders may agree to refer the matter to any form of alternative dispute resolution.
16. TERMINATION 16.1 This Agreement may be terminated by agreement of the parties at any time. 16.2 NNAC may terminate this Agreement by written notice to the State in the following circumstances: 16.2.1 the NNAC Senior Stakeholder notified the State at a Review Meeting that NNAC was unwilling to remain committed to this Agreement for the unexpired period of the Term commencing 12 months after that Review Meeting, and the parties were unable to agree on a basis to continue, and 16.2.2 12 months have expired since the Review Meeting at which notice was given. 16.3 The State may terminate this Agreement by written notice to NNAC if: 16.3.1 a Court orders the winding up of Narungga Nation Aboriginal Corporation or its successor or assignee under Corporations (Aboriginal and Torres Strait Islander) Act 2006; or 16.3.2 the Federal Court makes a finding that another Aboriginal people has native title rights in all or a substantial part of the Native Title Claim Area. 16.4 Termination of this Agreement will not affect rights accrued by either party prior to termination, but neither party will have any further obligation or liability to the other pursuant to this Agreement or in respect of the termination of this Agreement.
17. WAIVER 17.1 Any waiver of any provision of this Agreement is ineffective unless it is in writing and signed by the party waiving its rights. Page 10 of 12
17.2 A waiver by either party in respect of a breach of a provision of this Agreement by the other party is not a waiver in respect of any other breach of that or any other provision. 17.3 The failure of either party to enforce at any time any of the provisions of this Agreement must not be interpreted as a waiver of that provision.
18. MODIFICATION Any modification of this Agreement must be in writing and signed by each party.
19. SEVERANCE 19.1 Each word, phrase, sentence, paragraph and clause of this Agreement is severable. 19.2 If a court determines that a part of this Agreement is unenforceable, invalid, illegal, void or voidable that court may sever that part. 19.3 Severance of a part of this Agreement will not affect any other part of this Agreement.
20. READING DOWN Where a word, phrase, sentence, paragraph, clause or other provision of this Agreement would otherwise be unenforceable, illegal, void or voidable the effect of that provision shall so far as possible, be limited and read down so that it is not unenforceable, illegal, void or voidable.
21. NOVATION NNAC may novate its rights and obligations under this agreement to another party with the prior written agreement of the State.
22. NOTICES 22.1 A "notice" means: 22.1.1 a notice; or 22.1.2 a consent, approval or other communication required to be in writing under this Agreement. 22.2 A notice or other communication is properly given or served if the party delivers it by hand, posts it or transmits it by electronic mail to the other party to the recipient's address as follows: 22.2.1 for the State, Chief Executive, Department of State Development, Level 7, 11 Waymouth,Street, Adelaide SA 5000; 22.2.2 for NNAC, Chief Executive of NNAC, care of South Australian Native Title Services Ltd, level 4, 345 King William Street Adelaide SA 5000. 22.3 A notice or other communication is taken to be received if: 22.3.1 delivered by hand before 5.00 pm on a Business Day, on the day of delivery, otherwise on the next Business Day;
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22.3.2 sent by pre-paid mail, on the fifth Business Day after posting; 22.3.3 transmitted by electronic mail: 22.3.3.1 when the relevant email appears in the sender's sent log with properties disclosing an appropriate routing; and 22.3.3.2 the sender does not receive a message from the system operator to the effect that the relevant email was undeliverable. 22A If the result under clause 22.3.3 is that a notice would be taken to be given on a day that is not a Business Day in the place to which the notice is sent, then it will be taken to have been given on the next Business Day in that place. 22.5 A party may from time to time notify of a change to its contact details by written notice to the other Party. Page 12 of 12
EXECUTED AS AN AGREEMENT
THE COMMON SEAL of the MINISTER FOR ) ABORIGINAL AFFAIRS AND RECONCILIATION ) was hereunto affixed in the presence of:
Witness 14)///I/L [Print Name' ectsi ,
Date is .6&rAcci 2cie
THE COMMON SEAL of NARUNGGA NATION ABORIGINAL CORPORATION was hereunto affixed in accordance with section ) 99-5 of the Corporations (Aboriginal and Torres ) Strait islander) Act 2006 (0th) in the presence of: )
Director alg Ei4yie-w 60 [Print Name.
Director rt+r-2 [Print Name: _KU/ (701Q.11e_r\.
( 3 re,(0 r cep Date
AND SIGNED BY
RJohn Buckskin Named Applicant for SAD 62/2013 Narungga Nation) Native Title Claim Chairperson, Point Pearce Aboriginal Corporation ) Page 1 of 16
SCHEDULE 1
ECONOMIC ENTERPRISES AND EMPLOYMENT SCHEDULE
1. PRIMARY INDUSTRY BUSINESS OPPORTUNITIES State designated PIRSA administrative unit Daniel Casement, Executive Director and responsible individual(s) NNAC designated Garry Goldsmith Jnr, until such time as NNAC appoints a CEO or alternative responsible individual(s) (and corporation(s) if applicable) Project description There are a number of economic development / business opportunities that could be explored for the Narungga with the right business setting, structures, resources, and collaboration between Narungga, industry stakeholders and the South Australian Government. The State is committed to further exploring these opportunities. Immediate opportunities may include: • Traditional fishing (PIRSA, DEWNR) • Commercial fishing access (PIRSA) • Aquaculture development (PIRSA) • Agriculture development (PIRSA). These opportunities may all be considered under a structure such as a Narungga Harvest Plan.' Outcomes Creating the right business settings, underpinned by a trained workforce, and cross-sectoral partnerships will provide medium to long-term economic opportunities, ensuring future sustainability. • Narungga participation in the commercial fishing and aquaculture industry. • Narungga Community development, capacity building and employment. • Capacity building through the creation of economic and social opportunities. • Promoting a wider understanding by the South Australian community of traditional and cultural use of resources by Narungga. • Narungga participation in fisheries management processes for the purposes of ecological sustainable development. • Provide career opportunities. Project activities / A staged process, regardless of opportunity, could be described as follows: tasks 1. Determine and document Narungga aspirations 2. Asset stocktake — people, natural, cultural, physical, financial 3. Development plan/business plan 4. Develop the appropriate governance structures and partnerships where required 5. Commence implementation of plan subject to resourcing. Information required • Clarity of Narungga business aspirations. from NNAC • Information to support asset stocktake. • Any previous Business Plans. • Outline of current governance and business entities. Potential barriers 1. Regulatory barriers to harvest/access of particular species. 2. Skills-based barriers where there is limited experience or capability to participate in a new opportunity. 3. Significant financial/budget barriers to development of most primary industry related opportunities due to the access requirements (i.e. licence purchases), and the significant infrastructure required. 4. Tenure of agricultural land Timeline • Yr 1 — development of traditional fishing strategy, development of commercial fishing entity, asset stocktake on agricultural land, agricultural development plan, exploratory/developmental fishing access, explore partnerships with aquaculture operators. agricultural • Yr 2 — commence development of charter fishery opportunities, commence development. Page 2 of 16
2. FISHING AND ACQUACULTURE STRATEGY State designated PIRSA administrative unit Daniel Casement, Executive Director and responsible individual(s) NNAC designated Garry Goldsmith Jnr, until such time as NNAC appoints a CEO or alternative responsible individual(s) (and corporation(s) if applicable) Project description • Assist NNAC to establish a suitable corporate structure to form a dedicated Narungga Fishing and Aquaculture Company. This would need to align with / support existing Narungga corporate entities, to enable a focus on fishing and aquaculture development, with appropriate expertise — to be completed by March 2018. All other licencing and permit access are contingent on this company / entity being established. • Facilitate exploratory / developmental fishing access to underutilised species — permit process for Turbo shell access to be completed by the end of January 2018. NB: This permit is to be issued to a Narungga community / corporate entity. • Support the installation of an ice-maker and cool room as essential infrastructure for fishing enterprise — plans and quotes by end February 2018. • Consideration of other 'exploratory' species to be managed through the exploratory pern process as per Turbo shell — June 2018. • Explore access to charter fishing entitlement(s). Provide support to current community members to finalise their sea-time requirements to meet Marine Certificate qualifications. A Plan to support this to be finalised by February 2018. PIRSA will aim to provide / acquire a fishing charter licence to Narungga by December 2018. • Establish a Traditional Fishing Strategy, to facilitate traditional and cultural fishing access to Narungga traditional waters. This should reflect changes in legislation, regulations since the time of initial drafting — expected to be complete by April 2018. • Facilitate further development of the Aboriginal Fisheries Officer Career Pathways Program. Consider the expansion of this program to include a further Narungga representative, based on Yorke Peninsula — by June 2018. Outcomes • Narungga participation in the commercial fishing and aquaculture industry. • Narungga Community development, capacity building and employment. • Capacity building through the creation of economic and social opportunities. • Promoting a wider understanding by the South Australian community of traditional and cultural use of aquatic resources by the Narungga. • Narungga participation in fisheries management processes for the purposes of ecological sustainable development. • Provide career opportunities for Narungga People through the Aboriginal Fisheries Offic Career Pathways Program. Project activities / • Facilitated workshop discussions with NNAC on appropriate governance structure for tasks business formation. • Funding sourced to facilitate acquisition of necessary fishing licenses and entitlements.
Information required • Existing capability, knowledge and training gaps that need to be addressed to enable from NNAC these opportunities to be realised • Clarification on the most appropriate mechanism for engagement with Narungga. Potential barriers • Time and resources that have been consumed to date to negotiate the Narungga ILUA. Timeline • 2+ years for initial development.
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3. AGRICULTURAL DEVELOPMENT STRATEGY
State designated PIRSA — Lead Facilitator (Daniel Casement, Executive Director) administrative unit DEWNR — Enabling and support agencies and responsible individual(s) NNAC designated Garry Goldsmith Jnr, until such time as NNAC appoints a CEO or alternative responsible individual(s) (and corporation(s) if applicable) Project description "To assist Narungga to develop a sustainable agricultural enterprise" Site visit • Confirm land asset, skills and capability — i.e. scope of investigative work. Develop a land capability assessment • Natural and cultural assessments • Soil assessment • Mapping of the property — pH, salinity, topography, soil types etc. • Assessment of current land management practices and enterprises • Identify constraints to production. Develop a property plan and recommendations • How to address production constraints • Soil amelioration and improvement strategies • Land use improvement options • Improved crop, pasture and livestock options • Water resource assessment. Outcomes Creating the right business settings, underpinned by a trained workforce, and cross-sectoral partnerships Narungga will be afforded the opportunity to self-determine their agricultural aspirations, achieve increased returns from their land, and build a skilled workforce. Project activities / A staged process, regardless of opportunity, could be described as follows: tasks 1. Determine and document Narungga aspirations 2. Asset stocktake — people, natural, cultural, physical, financial 3. Development plan/business plan 4. Develop the appropriate governance structures and partnerships where required 5. Commence implementation of plan subject to resourcing. Information required • Completed detail of currently held assets, including ownership, rights to transfer, operate from NNAC etc. • Needs-based skills assessment with a focus on agriculture. • Understanding of current share-farming contracts. °otential barriers • Skills-based barriers where peoples have limited experience or capability to participate in a new opportunity • Significant financial/budget barriers to development of the land, and the significant infrastructure/equipment required • Governance over the held land. Timeline • 2018 — develop a detailed plan for capability assessment by the end of January 2018. Upon approval, the asset stocktake on agricultural land, agricultural development plan, agricultural skills development/training etc. will progress in line with the agreed plan. • 2019 — commence agricultural development. Page 4 of 16
4. CO-MANAGEMENT OF INNES NATIONAL PARK State Designated DEWNR administrative unit John Schutz, Deputy Chief Executive and Director of National Parks and Wildlife and responsible individual(s) NNAC designated Garry Goldsmith Jnr, until such time as NNAC appoints a CEO or alternative responsible individual(s) (and corporation(s) if applicable) Project description The commitment is to enter a co-management agreement between the Minister for Sustainability, Environment and Conservation and the Narungga for the co-management of lnnes National Park under the National Parks and Wildlife Act.
It is proposed that co-management would be negotiated and established concurrently with the State and Narungga working towards a native title determination. Outcomes Co-management of parks is a successful model using a formal agreement between the Minister for Sustainability, Environment and Conservation and an Aboriginal group. It is a process for managing a park in a partnership which seeks to connect Aboriginal people with Country and places park management in a cultural context for the benefit of the community. It directly involves Aboriginal people in planning and decision-making for a national park. Co- management of lnnes National Park would establish a governance framework whereby the co-management board is made up of 50% Aboriginal representatives and 50% Ministerial appointees.
The co-management board would: • be responsible for the management of the park as the "relevant authority" under the National Parks and Wildlife Act • provide advice to the Minister on park management and cultural matters • develop the statutory park management plan and policies to guide the interaction of conservation, culture, visitors and other activities and uses • play a leadership role in Aboriginal capacity building for social and economic development. Project activities / • Negotiate and sign co-management agreement with an entity representative of Narungga tasks • Create regulations to establish co-management board • Appoint members to the co-management board • Commence meetings of the board and park planning activities. Information required • Nil from NNAC Potential barriers • Budget — to be approved by Cabinet as part of the Treaty process for initial five-year period. Ongoing costs associated with implementing a co-management agreement for Innes National Park beyond the initial five years is estimated at $365,000 indexed There is no capacity within existing DEWNR resources to fund co-management.
Timeline • Yr 1: Commence negotiating a co-management agreement for lnnes National Park as part of commencing the native title claim resolution process. • Yr 2: Enter into co-management agreement and establish co-management board. Page 5 of 16
5. WARDANG ISLAND BOATING FACILITY State designated DPTI administrative unit Graeme Brown, General Manager Asset Manager (GM responsible for compiling forward and responsible annual works programme) individual(s) NNAC designated Garry Goldsmith Jnr, until such time as NNAC appoints a CEO or alternative responsible individual(s) (and corporation(s) if applicable) Project description Provision of funds to upgrade boating facilities at Wardang Island as a catalyst to further development opportunities for tourism and commercial activities. Facility will also enable easier access to Wardang Island for Narungga people. Outcomes Improved marine access to Wardang Island as a catalyst to further development and growth. Project activities / • Funds to be provided for facility upgrade from DPT1 Annual Programme for 2019/20 tasks • Matter has been considered by SABFAC but rejected for funding from the levy due to perception of 'exclusive use' • Minister for Transport can direct that funds be provided for the Wardang facility although project can be funded from DPT1Annual Works Programme Information required • Submission has been received for the facility at Wardang Island for previous from NNAC consideration by SABFAC group. Submission has been prepared by DPTI officer, Spiros Dimas. Potential barriers • Project manager to be appointed to drive Narungga initiatives. • Works to be scoped in conjunction with NNAC and funding to be provided Timeline • Project to be included in DPTI annual programme for 2019/2020.
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6. DUAL NAMING IN NARUNGGA LANGUANGE State Designated DPTI, and in conjunction with Local Government and Geographical Names Board. administrative unit William Watt DPTI and responsible individual(s) NNAC designated Garry Goldsmith Jnr, until such time as NNAC appoints a CEO or alternative responsible individual(s) (and corporation(s) if applicable) Project description DPTI will scope and implement dual naming in cooperation with Local Government and in accord with the provisions of the relevant legislation (Geographical Names board). DPTI has prepared a discussion paper on this initiative. Outcomes Changes to road signage to recognise dual naming to be introduced over several years to match available funding. Funding will be required from State and Local Government. Extent of funding provided will dictate timeframe for delivery. Project activities / • Appointment of a project manager to scope and deliver the project tasks • Agreement with NNAC on dual naming • Agreement on priorities with NNAC for delivery of signage • Liaison and agreement from Council to dual names • Completion of processes in accord with Geographical Names Act legislation • Provision of funding for sign manufacture and installation • Works could be delivered by skilled and resourced Narungga contractor. Information required • Agreement on dual names from NNAC • Agreement on priorities. Potential barriers • Pace at which the initiative is rolled out will depend upon funding provision. • It is assumed that NNAC will have significant role in determining correct dual names and priority. • Will require Council agreement to dual naming. Timeline: • Yr 1: Appointment of project manager to drive Narungga initiatives could commence in 2018/19. Works have already commenced on possible naming options. (Bill Watt has prepared a scoping paper) Page 7 of 16
7. TRAFFIC MANAGEMENT BUSINESS OPPORTUNITY State designated DPTI administrative unit Paul Gelston and responsible individual(s) NNAC designated Garry Goldsmith Jnr, until such time as NNAC appoints a CEO or alternative responsible individual(s) (and corporation(s) if applicable) Project description • In conjunction with DSD and other government agencies, assistance can be provided to NNAC (or subsidiary/nominee) to obtain business management and traffic management skills so that a sustainable small business can be established. • Once established, NNAC could provide traffic management services for DPTI, Local Government and other parties for road construction or maintenance tasks. This would also provide a gateway into the road industry and could create on going employment for a team of Narungga people (up to 6 men or women). • The business could provide traffic management services for the next major road maintenance contract to be let in Narungga country in mid 2019. NNAC contractor can be given preference as the provider of traffic management services. This will need to be included in the contract documentation to be prepared in early 2018. Outcomes • A sustainable traffic management business serving customers on Narungga Country. Project activities / • Interest from Narungga individuals who wish to establish a small business tasks • Skills training in small business and traffic management • Equipment hire • DPTI commitment to provide work for the small business on Narungga Country where appropriate e.g. during road project activity or future road maintenance contracts • Relationships need to be built with local council and service authorities to engage the NNAC contractor. Information required • Interest and commitment to business development. from NNAC Potential barriers • Equipment cost e.g. vehicles and road signage required • An investment of $20,000 will be required to purchase traffic management signage • A secure facility will need to be provided for headquarters for the business. • Costs associated with establishing the traffic management business will need to be provided. • It may be feasible to lease vehicles through DPTI and Fleet SA subject to approvals • Training courses will be required for traffic controllers but these are short term courses only and are provided by the private sector. DPTI and Government may be able to fund a small number of courses for Narungga people. Timeline • Yr 1: All training could occur within 12 months and the small business could be providing service to DPTI once trained (e.g. for road maintenance activities on Narungga Country). Page 8 of 16
8. SKILLS AND EMPLOYMENT ACTION PLAN State designated DSD administrative unit Christa Christaki, Director, Operations and Stakeholder Management, Skills and Employment and responsible 8463 5575 [email protected] individual(s) NNAC designated Garry Goldsmith Jnr, until such time as NNAC appoints a CEO or alternative responsible individual(s) (and corporation(s) if applicable) Project description To work with Narungga community to: • Understand the skills and employment needs of individuals and groups in the Narungga community • Co-design tailored responses to the community's needs, with the aim of getting people into local jobs. Outcomes • The project will identify mutually agreed outcomes with the ultimate achievement being more Narungga people in jobs. Our commitment is to openly and genuinely engage with the Narungga People to decide, design and deliver initiatives that address the community's needs. Project activities / • Our engagement approach is to involve, consult and collaborate with the Narungga tasks People on skills, training and employment issues and opportunities for the Narungga community. • We believe that local communities and people are the experts in understanding their particular challenges and opportunities and therefore best placed to own and drive solutions. • Once the needs are agreed, tailored responses might include: o Specific projects to get people skilled and / or into work: industry skill sets, skill clusters or qualifications; along with individual case-management and / or structured mentoring and / or family case management o Funding of specific qualifications through TAFE, providers or community providers o Targeted provision of adult community education that engages people in learning with transition to volunteering further education, training or work. • We will focus on skills and employment issues, but there will be a process to ensure that others issue that impact on skills and employment, are actively pursued with other areas of government, both State and Commonwealth. • Targets will be set to enable reporting on outcomes and expenditure. • The product will be a Skills and Employment Action Plan and we will need to find a way to ensure that the Plan is a live document that evolves as individual and community needs change. Information required • On the ground Narungga contacts for DSD to work with and through. from NNAC Potential barriers • Availability of local jobs. Timeline • Finalise scope and engagement process together — two-four weeks (approx.) • Engagement process — six-eight weeks (approx.) • Draft Action Plan — four-six weeks (approx.) • Action Plan agreed — four-six weeks (approx.) Page 9 of 16
SCHEDULE 2
SOCIAL SERVICES SCHEDULE
1. JUSTICE STRATEGY Designated The South Australian justice sector encompassing the Attorney-General's Department, SA administrative unit(s) Police, the Department for Correctional Services, the Courts Administration Authority and the Department for Communities and Social Inclusion (Youth Justice). Strategy activities Access to crime and Justice agencies will provide de-identified crime and justice data justice data to NNAC to support joint policy and program planning and decision making'. Narungga Justice Justice agencies will work with NNAC to understand community Employment interest in working in the justice sector and the strategies needed to support community access justice jobs both locally and more broadly across the state. Retention of culture AGD will waive fees for a three-year period associated with through support for Narungga People to change their current registered names with changing current names Births, Deaths and Marriages to their traditional name. to traditional names Narungga associations AGD will work with NNAC to ensure that the details of all support and review associations are up to date, their constitutions are current and provide any certificates of incorporation free of charge. State records AGD will review its records held in state archives to identify and pass on copies of any Narungga historical records not currently held by the community. Resolution of AGD will work with NNAC to implement alternative strategies for outstanding fines eligible individuals to settle outstanding fines, including through participation in treatment programs or community service, where usual payment options are not a viable option. Relationship with SA SA Police will actively work with the NNAC, within budgetary Police constraints, to identify suitable applicants to be considered for Community Constable, Police Aboriginal Liaison Officer, or mainstream policing positions. Relationship with SA SA Police will support NNAC, to work with Commonwealth Police agencies to develop the concept of community patrols.
Youth justice DCSI will undertake a place-based engagement process with young people around justice and wellbeing outcomes. DCSI will: • work with NNAC to plan, deliver and report on an engagement process with Narungga young people • undertake a mapping of current Government and non- Government organisations and programs to identify potential for collaboration, partnership and innovation to support improvements in justice and wellbeing outcomes • prepare a report including recommendations on the outcomes of the engagement and mapping processes. Culturally specific court A small number of Magistrates Court locations across SA provide intervention programs / Nunga Court, Aboriginal Sentencing and other Aboriginal specific responses programs for offenders. Informed by community views and data, CAA will work with NNAC to understand the outcomes the Narungga want from a Narungga specific court. Outcomes • All justice responses will focus on increasing community safety and reducing the over- representation of Narungga in the criminal justice system.
I Narungga specific data is not currently available. Justice agencies will participate in broader government activity to address this. Page 10 of 16
• Justice responses on Yorke Peninsula will be culturally appropriate to Narungga people. • Justice agencies will engage NNAC in justice related consultation processes. • Justice responses will clearly articulate the roles and responsibilities of both the South Australian Government and NNAC. • Justice programs and services will be informed by community advice, evidence and data. Project activities and • To support the agreement, it would assist if NNAC is able to identify appropriate cooperation community members to work with justice agencies in order to progress these actions. Information required • Justice agencies will be guided by NNAC as to which actions should be prioritised and from NNAC progressed first, noting the capacity of both parties to progress all actions concurrently will be limited. Potential barriers • Narungga specific, as opposed to Aboriginal justice data is not currently available. • Programs that arise from future engagement with NNAC may have budget implications and as such, may be subject to separate budget processes. Timeline • Actions to commence from the signing of the Agreement Page 11 of 16
2. YOUTH JUSTICE STRATEGY Designated Department for Communities and Social Inclusion (Community Services Division) administrative unit(s) Strategy activities • DCSI will undertake a place-based engagement process with young people around justice and wellbeing outcomes. • This approach is informed by an understanding that where people live affects how life pathways are shaped. Communities, in partnership with Governments, are increasingly using place-based initiatives to bring residents, local government, business, services and other bodies together to achieve local change. Place-based approaches make it possible to identify the assets and strengths within communities, and the abilities and insights of local stakeholders become resources for addressing local challenges. Outcomes Engagement will be undertaken regarding: • the impact of crime in their communities on their safety and wellbeing • their strengths, and perceived strengths in their communities, and • potential community-led prevention and protection measures to improve community safety and well-being outcomes. Project activities and To achieve this, DCSI will be tasked with the following actions: cooperation • plan, deliver and report on an engagement process with Narungga young people • undertake mapping of current Government and non-Government organisations and programs to identify potential for collaboration, partnership and innovation to support improvements in justice and wellbeing outcomes, and • prepare a report including recommendations on the outcomes of the engagement and mapping processes. Information required In order to undertake the proposed engagement, DCSI would require nominated NNAC from NNAC representative/s with whom DCSI can consult regarding how to proceed with the engagement process. Potential barriers • Nil Timeline • The engagement process will have taken place by the end of June 2018. • DCSI has a proposed budget of $10,000 for the engagement process.
3. HOUSING STRATEGY
Designated Department for Communities and Social Inclusion (DCSI - Housing SA) administrative unit(s) Strategy activities DCSI Housing SA will develop a Housing Needs Audit, with scope and framework in agreement with NNAC. This will include, but not be limited to, households in Public Housing, Community Housing and other housing, and support service arrangements. Outcomes A Housing Needs Audit for Narungga People that provides knowledge and evidence that contributes to planning future social housing services. ,)roject activities and Further detail to be identified. Preliminary overview: cooperation • Development of framework and scope in consultation with NNAC • Secure participation of Aboriginal families living on within Narungga country. Information required TBA from NNAC Potential barriers • A consideration for the implementation of this proposal will be how to ensure the inclusion of an accurate representation of Aboriginal people across housing service types. Timeline • Implementation of the Audit is a short-term priority with an estimated three-month period. Implementation will occur following agreement with NNAC on framework and scope. Page 12 of 16
4. HOUSING MANAGEMENT STRATEGY Designated Department for Communities and Social Inclusion (DCSI - Housing SA) administrative unit(s) Strategy activities • Housing SA proposes to enter discussion with NNAC regarding future housing management arrangements. Key elements of discussion will include management options over the medium to long term, and consideration of scale. • The current maintenance contract for the broader Region has been executed, however Housing SA commits to exploring opportunities for future delivery of maintenance of housing for Narungga People. Considerations will include options for housing management, volume and scale of works, and employment and participation outcomes. Outcomes Identification of future options for housing management affecting Narungga people, including full and transparent information sharing. Project activities and • Currently Aboriginal communities are within the Statewide maintenance contracts. Future cooperation alternative arrangements will be considered at the end of the contract to consider Aboriginal business enterprises for maintenance contracts of Aboriginal communities. Information required TBA from NNAC Potential barriers • Scale and volume of social housing occupied by Narungga may limit capacity to establish a viable business opportunity. This will require further investigation, and information will be fully disclosed and shared at discussions. Housing stock transfers within the broader Region have impacted on the number of social houses under Housing SA management. Timeline • Discussions regarding housing management are proposed for a medium-term delivery i.e. estimated within 12 months. Subsequent implementation time lines to be established at discussions.
5. DOMESTIC VIOLENCE STRATEGY
Designated Department for Communities and Social Inclusion (DCSI - Housing SA) administrative unit(s) Strategy activities Domestic violence needs-analysis and introduction of perpetrator programs • Housing SA will commit to delivering a domestic and family violence needs-analysis in support of Narungga People. The analysis will consider the needs of Aboriginal families and, among other things, the need for perpetrator programs. Housing SA will utilise an existing contract with Kornar Winmil Yunti Family Services and Consultancy to undertake this work. Outcomes • A domestic and family violence and perpetrator program needs analysis that provides knowledge and evidence for planning future support and services. Project activities and • Establish a framework for needs-analysis with input from NNAC, DCSI: Housing SA and cooperation Kornar Winmil Yunti. Information required TBA from NNAC Potential barriers • Risk of barriers to the implementation of this proposal is low. Kornar Winmil Yunti is an Aboriginal business enterprise and existing provider with experience working in the field. A consultancy budget within their current funding base for 2017/18 can be utilised to assess need and perform a gap analysis. Timeline • Implementation of the Needs Analysis is a short-term priority with an estimated three- month period.
14) 1441 Is Page 13 of 16
6. NARUNGGA HEALTH ASSEMBLY STRATEGY Designated SA Health (Contact: Tanya McGregor, Director Aboriginal Health Strategy, SA Health) administrative unit(s) Strategy activities SA Health is committed to enter into an agreement with NNAC to establish a governance structure (`Narungga Health Assembly') with the aim to progress health components of Narungga's priorities and be responsive to contemporary health issues working towards overall improvement in the Health and wellbeing of all Aboriginal people living on Yorke Peninsula. Outcomes Acknowledging that SA Health is one of many providers of Health and Wellbeing services to Narungga People, the Narungga Health Assembly will provide a vehicle to invite other Health providers and funders alike to work together with Narungga to function under an isocracy model (equal power) to improve the Health and Wellbeing of Aboriginal people living on Yorke Peninsula. SA Health will provide the resourcing for secretariat functions and project officer support (where required) for this Assembly. Members could include: • Commonwealth Department for Health • Department for Prime Minister and Cabinet • Aboriginal Health Council of SA • General Practice providers • Country Primary Health Network SA. Project activities and In the first year of this proposal the agreement to establish a Narungga Health Assembly will ;ooperation be negotiated, finalised and executed between NNAC and SA Health. Next steps: • Establish Narungga Health Assembly including: Terms of reference (membership, role & function of assembly, meeting schedule and reporting processes) • Conduct Health analysis and service report for Narungga Health Assembly's consideration • Narungga Health Assembly establish key Health priorities for the term of the agreement. Information required • Key Narungga contacts to work in partnership with SA Health to negotiate the agreement. from NNAC • Confirmation of Narungga representatives on the Narungga Health Assembly. Potential barriers • The establishment of a Health agreement with NNAC will be executed by the Chief Executive, SA Health and therefore require no legislative amendments or Cabinet approval. • Key Priorities identified by Narungga Health Assembly may have future budget implications that may require Cabinet approval for example renal dialysis chairs at Maitland Hospital as initially identified as a priority by Narungga. Timeline Year 1 described above. Years 2-5: • Progress key health priorities via discrete projects • Report annually to NNAC and the Minister for Aboriginal Affairs (via Minister for Health) on the progress of the Narungga Health Assembly, or via the annual Progress Report under the Buthera Agreement.
444) Page 14 of 16
7. CHILD PROTECTION STRATEGY Designated Department for Child Protection, contacts: administrative unit(s) • Fiona Ward, Deputy Chief Executive, Service Delivery and Practice (Central agency lead) [email protected]; • Sue Barr, Regional Director, Northern Region [email protected]; • Katy Burns, Manager, Office of the Deputy Chief Executive [email protected] Strategy activities Work with NNAC to agree a range of actions to better support Narungga children in contact with the child protection system including, for example: • Promote and enable all aims of the Aboriginal Child Placement Principle including the five inter related elements of prevention, partnership, placement, participation and connection with a view to: recognise and protect the rights of Aboriginal and Torres Strait Islander children, family members and communities in child welfare matters; increase the level of self-determination for Aboriginal and Torres Strait Islander people in child welfare matters; and reduce the disproportionate representation of Aboriginal and Torres Strait Islander children in the child protection system (medium to long term 2-5 years) (Note a reference to timeline is the estimated time for full implementation of the proposal, noting that work towards full implementation can in some cases commence in the short term). • Ensure all placements for Narungga children requiring out-of-home care are made in accordance with the hierarchy of placement described in the ACPP. (med to long term 2- 5 years) • Develop principles for engagement between DCP and NNAC within DCP's Aboriginal Engagement Strategy to support engagement and service delivery. (short term 6-12 months) • Consult with NNAC and other Aboriginal stakeholders to inform a strategy for the recruitment and retention of DCP Aboriginal employees. (medium term 12-24 months) • Develop formal regional engagement processes and protocols between NNAC and the DCP Port Pine (inc. Kadina) Regional Office. (short term 6-12 months) • Establish a mechanism to seek advice from NNAC on family-based placement options for all children identified as Narungga including early scoping & matching (short term 12 months) • NNAC work with DECD, Health and DCP to develop and agree a regionally tailored curriculum that will support frontline workers in their delivery of culturally aware and inclusive practice, including opportunities to work collaboratively locally. (short to med term 1-2 years) • Set up a data sharing agreement (or equivalent) between DCP and NNAC on child protection matters relevant to Narungga children for agreed purposes to the extent permissible by law. (short to med term 1 — 2 years) • Where there is interest and capacity, work with NNAC to investigate opportunities for NNAC or other Narungga entity to become a Gazetted Organisation. (timeline tbc - likely to be a long-term goal 5 — 7 years) While each of these is proposed in good faith, they are subject to final negotiation and agreement between DCP and NNAC. Outcomes • Better support for all Narungga children in contact with the child protection system to be connected to culture, family and their community. • Embed local Aboriginal participation in decision making related to regional child protection practice. • Better position Narungga to provide advice on, and support DCP to secure, appropriate family-based placements for Aboriginal children to improve outcomes for children and families. • Improve the cultural responsiveness of local service providers and improve outcomes for Narungga children in care. • Increased capacity of DCP and government funded NGOs to provide services and supports for Narungga children and families. Page 15 of 16
• Improve outcomes for children and families, and more broadly improved local engagement and relationships. • Support stronger local partnerships between the regional office and NNAC, leading to improved decision making, service delivery and practice for Aboriginal children and families engaged in the child protection system. Project activities and • Agreement on the detail of the proposal in negotiation with NNAC to test interest, cooperation expectations and capacity to engage. • Set up formal working relationship between DCP and NNAC representative. • Consider development of MOU (or similar) agreement to guide relationship and set clear expectations. • Relevant legislative reform. • Relationship building with the local office. Information required • Confirmation of NNAC's expectations and interests (e.g. NNAC may not seek to be a from NNAC Gazetted Organisation). • Information related to organisational capacity, governance capacity, resourcing and representative capacity (e.g. relationship to local Aboriginal organisations, proposed representation of children and families in the region not identifying as Narungga). Potential barriers • Legislative reform and frameworks (including introduction of the Children's Protection Act 1993, and the Children and Young People (Safety) Bill 2017; Gazetted Organisation criteria). • Subject to continuing DCP budget. • Privacy principles. • Agreement on how NNAC and DCP work to support Aboriginal children living in the Narungga region who do not identify as Narungga, or Narungga children living outside of the Narungga region. • DCP statutory obligations in child protection and Out of Home Care service delivery. Timeline • Range of timelines (as above) — initial work to commence in the short term and implemented over 5 — 10 years.
,e4 Page 16 of 16
8. EDUCATION AND CULTURAL STUDIES STRATEGY
Designated Department of Education and Child Development (DECD) (Contact — Ann-Marie Hayes - administrative unit(s) Executive Director — 8226 3463) Strategy activities Support high level principles as articulated by NNAC for engagement and discussion between DECD and NNAC. Specific agreed actions: • Co-design with Narungga on Development and Implementation of Australian Curriculum requirements of Aboriginal Histories and Cultural studies within the pre-schools and schools on the Yorke Peninsula • Co-design with Narungga on development and implementation of Narungga language programs within the pre-schools and schools on the Yorke Peninsula • No closure of Point Pearce School campus • Co-design with Narungga on development and implementation of Narungga language programs within the pre-schools and schools on the Yorke Peninsula • Co-design — attendance implementation strategy in schools on Yorke Peninsula • DECD to explore engagement with Narungga on the education of their children. Similar to PYEC and provide data annually • Reggio Emilia inspired teaching and pedagogy in early learning centres • Further discussion on development and implementation of strategies to assist with foetal alcohol syndrome disorder (FASD) • Co-design teacher professional development / pedagogy and induction in Narungga culture for staff in schools Yorke Peninsula. Outcomes • Embedding Narungga specific language and culture in Yorke Peninsula preschools ano schools with the intention of improving the educational and wellbeing outcomes of Narungga children, young people and families. • Improving all children and young people on Yorke Peninsula knowledge and understanding of Narungga history and ongoing culture. • Promoting and supporting reconciliation. Project activities and • Review of Employment processes for Aboriginal Language Instructors. cooperation • Development of a framework within the overall Aboriginal strategy supporting Aboriginal community engagement and co design with NNAC. Information required • Further discussion required with key Narungga education, early childhood and language from NNAC representatives. Potential barriers • Current Employment processes. Timeline Initial discussions in January 2018 in line with the DECD Aboriginal Strategy development.
ixL (Z/N Government of South Australia
MINUTE eA185869 — PREM — B281114
TO: PREMIER OF SOUTH AUSTRALIA
RE: CORRESPONDENCE RECEIVED FROM DR HAGEN STEHR AO
PURPOSE To provide you with a background briefing and draft response for your consideration, concerning correspondence received from Dr Hagen Stehr AO on behalf of the Australian Maritime & Fisheries Academy (the Academy) regarding the opportunity to meet with you to discuss the possibility of developing training for Indigenous commercial fishing businesses in South Australia.
BACKGROUND On 12 December 2018, you received a letter from Dr Hagen Stehr AO regarding opportunity to meet with the Premier to discuss the possibility of developing Indigenous commercial fishing businesses in South Australia through the Academy.
The Academy's website claims it is the only industry owned and operated maritime, seafood and fishing industry development and training organisation in the Southern Hemisphere. The Academy defines that its role is to provide education, management, advisory and support services in all maritime and fisheries related development and training areas.
Mr Stehr AO is the Chairman of the Academy's board which provides direction and oversees the implementation of the Academy's mission and vision statement while ensuring that industry relevant outcomes are achieved.
DISCUSSION The Department of Primary Industries and Regions SA (PIRSA) has provided input into the development of the Certificate III Fisheries Compliance Course content and Fisheries Officers are involved in the delivery of the Academy's current compliance officer training program. The Certificate III Fisheries Compliance Certificate or equivalent is a requirement for appointment as an authorised Fisheries Officer in South Australia. Aboriginal Fisheries Officer Career Pathway Program trainees have previously undertaken formal training with the Academy as part of the program's training requirements. Current and future trainees are expected to continue undertaking training with the Academy.
1 Confidentiality-B281114 Indigenous Fisheries Training The South Australian Government supports the development of business opportunities in the seafood industry, as demonstrated in the recently released Aboriginal Affairs Action Plan 2019-2020.
The Plan includes deliverable actions as part of Statewide Aboriginal Fishing and Aquaculture Program, including PIRSA's commitments as defined within the Narungga Buthera Agreement.
The Buthera Agreement between Narungga Nations Aboriginal Corporation and the State Government of South Australia includes capacity-building support to drive development, economic enterprise and collaborative engagement with government agencies on Gurranda (Yorke Peninsula). Incorporated in the Agreement is the State's commitment to further explore opportunities in regards to; traditional fishing management, commercial fishing access, and aquaculture development.
Ngarrindjeri and Narungga Nations are both currently exploring business opportunities in the seafood sector that will require training provision.
BUDGET N/A
2 RECOMMENDATIONS It is recommended that you: 1. Consider and sign the letter of response to Dr Hagen Stehr AO
Approved/Not Approved/Noted
2. Consider meeting with Dr Hagen Stehr AO to discuss his ideas and intents in this area.
Approved/Not Approved/Noted
(signature) Name: Hon Steven Marshall MP
(date) / /2019
Hon Tim Whetstone MP MINISTER FOR PRIMARY INDUSTRIES AND REGIONAL DEVELOPMENT
/ /2019
Attachments: Letter to Mr Hagen Stehr AO
Contact person: Sean Sloan Contact number: 0411 147 834
3 12th September 2018 DOCE.T • EXpERIENTIA
Australian Maritime & Fisheries Academy Hon. Steven Marshall MP ABN 89 086 232 760 Premier of South Australia Fishing Industry House, Dockside, GPO Box 2343 North Parade, Port Adelaide Adelaide SA 5001 South Australia 5015 PO Box 2099, Port Adelaide South Australia 5015 Telephone (08) 8303 2780 Facsimile (08) 8303 2791
Dear Premier
Congratulations for achieving several great outcomes for South Australia recently, with the announcement of the proposed developments in Whyalla and the location of the Australian Space Agency in our State.
I understand that you are personally taking responsibility for your government's strategy for the development of Indigenous businesses within South Australia and would like to offer the expertise of the Academy in this area,
In 2017, the Academy won the National Seafood Industry People Development Award for the work we undertook in assisting three traditional owners in the Northern Territory to establish a successful commercial fishing business. Through this work, we have discovered that applying the normal approach to establishing a viable business through an initial business planning process doesn't work with Indigenous communities. The Academy has also been instrumental in training NT Indigenous Rangers to enable them to be appointed as fully fledged Fisheries Compliance Officers.
In addition to our NT work, we have been conducting fisheries compliance training in SA for many years and trained the first Indigenous Fisheries Compliance Officer. More recently, the Academy has also been delivering fisheries compliance support training for Indigenous students from Pt Lincoln High School.
We have gained a great deal of insight and expertise as to how to work with Indigenous communities and individuals and we would welcome the opportunity to discuss with you the possibility of developing Indigenous commercial fishing businesses in South Australia.
Yours sincerely
Hagen Stehr AO
Patrovv l--Ls Fxcellerv. Rear AdvvarciL.levi,I.A. sairce AC, CSC TANR covervor of sokth AushrciUct Bond, Fiona (PIRSA)
From: DPC:PCU Sent: Monday, 17 December 2018 10:51 AM To: DTF:Treasurer; DPC:Premier Subject: RE: Draft Reply Due for Premier's Consideration - PREM - B281114 - Aus Maritime and Fishing Academy - Hagen Stehr - Indigenous Business Development
Hi,
Ok thank you - happy to take this advice.
DPC:Premier — could we please redirect B281114 to PIRSA for a draft response.
Please include this email in the request to PRISA.
Thank you.
bm: DTF:Treasurer
Good morning
Our office can confirm with advice from our department that the below correspondence does not fall within the Treasurer's portfolio, noting that we have discussed with OCPSE and they confirmed the below is not within their departmental responsibilities.
Our office has checked with AARD and they advised the following:
PIRSA would be the most appropriate agency to prepare a response to this one. They are undertaking some related activities in relation to Narungga people by virtue of the Buthera Agreement.
The best contact point within PIRSA would be Daniel Casement, Executive Director - Rural Solution (in Corporate Services).
Kind regards
The Correspondence Team to the Hon Rob Lucas MLC Treasurer
Phone: 8226 1866 Department of Treasury & Finance Level 8, 200 Victoria Square I ADELAIDE SA 5000
Committed to workplace flexibility
Government of South AustraIla MOIR WNW WhitaRibbon Ribbon Proud:4 krci.,thtt,d by Mit F1,1g3.7.1 Australia Department of Treasury la•wWorliptnazi n V'ff,..1V and Finance
Information contained in this e-mail message may be confidential and may also be the subject of legal professional privilege or public interest immunity. Ifyou are not the intended recipient, any use, disclosure or copying of this document is unauthorised. 1 From: DPC:PCU Sent: Thursday, December 13, 2018 3:55 PM To: DTF:Treasurer
Draft Reply Required for Premier's Consideration
7;Y T DUE DATE BACK TO PREMIER'S
27-12-2018 Premier's Office Reference: 'PREM - B281114'
AUTHOR: Hagen Stehr
SUBJECT: Aus Maritime and Fishing Academy - Hagen Stehr - Indigenous Business Development
ACTION REQUIRED: Please provide a Briefing and DRAFT RESPONSE for the Premier's consideration and/or signature.
Please follow the link below to a secure workspace where you can access the con( )ondence and populate the response template that has been provided.
Connect Workspace
Please find comments from the Premier's Office below.
'Hi, The Premier's advisor has suggested that this correspondence be referred to the Commissioner for Public Sector Employment and if this offer of assistance be helpful in the implementation of the Buthera Agreement? We believe due to MOG changes the Commissioner for Public Sector Employment comes under DTF. Please let us know otherwise. Thank you. '
This email is intended for Treasurer (Rob Lucas) . Information contained in this email message may be confidential and may also be the subject of
2 AUSTRALIAN FISHERIES MINISTERS MEETING
ITEM 5: INDIGENOUS FISHERIES INITIATIVES
AUTHOR(S): SEAN SLOAN
MOBILE NO: 0411 147 834
PURPOSE OF THIS AGENDA ITEM
To provide an update on Indigenous Fisheries Initiatives currently underway in Australia that support Indigenous fishing development opportunities. SPEAKING POINTS
• The South Australian Government supports progressing the recognition and opportunities for Aboriginal Traditional fishing in South Australia.
e South Australia is committed to working together with Aboriginal communities and other fishing sectors to sustainably manage aquatic resources in freshwater and saltwater country.
• South Australia is committed to assisting Aboriginal communities develop new business opportunities to participate in South Australia's seafood industry, and have been working collaboratively with Ngarrindjeri and Narungga Nations to develop business opportunities in this area.
• In 2016 PIRSA Fisheries and Aquaculture established the Aboriginal Fisheries Officer Career Pathway Program to provide the opportunity for Aboriginal people from their respective sea country and communities to assist PIRSA to support and manage the State's aquatic resources. In addition, PIRSA appointed a Traditional Fisheries Manager, to provide increased opportunities and benefits for Aboriginal people and fisheries management across the state.
• These initiatives provide local employment and opportunity for Aboriginal people from their respective sea country and communities to assist PIRSA to support and manage the state's fisheries. It also strengthens South Australia's regions by creating the settings for regional businesses and communities to grow by seeking innovative solutions that address unemployment barriers for young Aboriginal people living in the regions and providing opportunity for Aboriginal people and communities to access the seafood and related industries, and improve communication, community relationships and fisheries compliance generally. RECOMMENDED SA POSITION
• The South Australian Government supports progressing the recognition and opportunities for Indigenous fishing in South Australia.
Objective No: A3926215 • The South Australian Government is committed to working together with Aboriginal communities and other fishing sectors to sustainably manage aquatic resources, as well as providing regional employment and business opportunities in the seafood industry for Aboriginal people and communities in South Australia.
ISSUES/ANALYSIS
• There are potentially up to thirteen Aboriginal Sea Nations in South Australia, many of whom have lodged Sea Claims as part of their Native Title applications with the Federal Court of Australia. • Section 60 of the Fisheries Management Act 2007 recognises Aboriginal traditional fishing and provides for the development of Aboriginal Traditional Management Plans in conjunction with any existing and/or new Indigenous Land Use Agreements (ILUAs). In addition, Section 80 of the Act provides for the appointment of suitable persons as Sea Rangers and Fisheries Officers, with the capacity to assign functions and powers to those roles as required to meet the objectives of the Act. • There is a significant knowledge gap regarding Indigenous fishing participation and catch rates across Australia, including traditional and other use. The best approach to capturing this information still remains difficult to quantify for a number of complex reasons that may not be reflective in other fisheries demographics. The information is crucial for understanding appropriate levels of allocation, and vital for identifying suitable future fisheries policy and development, stewardship and training opportunities in Indigenous communities. BACKGROUND
• PIRSA Fisheries & Aquaculture appointed a Manager of Aboriginal Traditional Fishing in January 2017 to deliver on the legislative requirements of the Fisheries Management Act 2007 in relation to the development of Traditional fisheries management arrangements and provide a dedicated position for ongoing engagement with Aboriginal communities regarding their fishing interest and rights. The position also complements PIRSA's Aboriginal Fisheries Officer Career Pathway Program by providing a central point of contact for Aboriginal communities who are seeking economic and social opportunities in fisheries and aquaculture. • PIRSA's Aboriginal Fisheries Officer Career Pathway Program was established in 2016 to provide the opportunity for Aboriginal people from their respective Sea country and communities to assist P1RSA to support and manage the State's aquatic resources. To date three of the four first cohort of trainees have successfully completed the two year program and have transitioned into Fisheries Officer positions across the state, with the fourth trainee expected to complete the program mid-2019. A second cohort of trainees has commenced with two new trainees appointed to the program in October 2018, and who are expected to transition into Fisheries Officer positions by November 2020.
Objective No: A3926215 • PIRSA's Compliance Officers across the state have participated in cultural awareness workshop "on country" in their regions to better understand the history and issues of the Aboriginal communities in their regions. These workshops are also assisting to build better relationships and contributing to better fisheries education and compliance outcomes. • PIRSA Fisheries & Aquaculture are continuing to consult with and assist the Ngarrindjeri Regional Authority regarding their development of business opportunities in the seafood industry that will aim to provide economic and employment benefits for their community. • In February 2018 and agreement between Narungga Peoples and the State, called the Buthera Agreement, was signed. The intent of this Agreement is to establish a respectful and constructive relationship to assist Narungga People to secure cultural, social and economic well-being. Included in the Agreement are a number of economic development / business opportunities. • Included in the Buthera Agreement are a number of fisheries and aquaculture initiatives that PIRSA Fisheries & Aquaculture are developing in consultation with Narungga. Such as the development of a Narungga Fishing Company, with initially a developmental permit to harvest Turbo shell, and that will eventually include other fishery licences that Narungga aspire to develop. • PIRSA Fisheries & Aquaculture are also developing a Narungga Nation Traditional Fishing Agreement in consultation with Narungga as part of the Buthera Agreement to assist in providing a strategy for culturally appropriate sustainable aquatic resource management in Narungga waters. • PIRSA are implementing a FRDC IRG funded project (Project No. 2018-016) that will aim, through a series of workshop in 2019, to identify and develop culturally appropriate methodologies to capture Aboriginal and Torres Strait Islander fishing catch and participation data that may be utilised by various jurisdictions to better inform multi-sectorial decision making process. OTHER JURISDICTIONS/STAKEHOLDERS
• The FRDC funded PIRSA delivered Aboriginal and Torres Strait Islander fishing catch and participation data project team are working with FRDC's IRG and HDR groups, AFMF, Aboriginal and Torres Strait Islander groups, and jurisdictional management agencies in NT, QLD, NSW, TAS, WA and Commonwealth to provide representative attendance to the national workshops.
Objective No: A3926215 Perry, Bradley (P1RSA)
From: Goodes, Tim (PIRSA) Sent: Tuesday, 22 May 2018 8:00 PM To: Perry, Bradley (PIRSA) Cc: Price, Simon (PIRSA) Subject: FW: PIRSA Summary of Aboriginal Program Opportunities 22 May 2018.docx Attachments: PIRSA Summary of Aboriginal Program Opportunities 22 May 2018.docx
Follow Up Flag: Follow up Flag Status: Flagged
Dear Brad Apologies for the delay on this. It is the table you asked for last week in response to the request for ideas from the Premier's Office. The first page of the attached table is a general intro about agricultural opportunities with Aboriginal people. The remaining pages are the three themes that could be pursued: • A simple idea that has already been flagged under the work done with the Narungga nation during the "treaty" process discussions late last year. Also the least expensive idea; • A collection of fisheries projects, considered an excellent way of building engagement. And also one element is an extension of the existing fisheries compliance officer traineeship which I believe Scott has discussed with the Commonwealth; and • The North-West Indigenous Pastoral Project, announced by the previous government that will need the Minister to agree to execute the Funding deed amendment as discussed yesterday (would give him a "quick win" in this plan). Let us know if you want further information on any, or if it would be useful to receive this in a formal brief. We could easily put together short (approx. 5 page) briefs on each theme. Tim
Tim Goodes I Deputy Chief Executive Primary Industries and Regions SA - PIRSA P: +61 8 8226 0310 I M: + 61 401 716 700 I W: www.pirsa.gov.au
'rom: Casement, Daniel (PIRSA) Sent: Tuesday, 22 May 2018 7:16 PM To: Goodes, Tim (PIRSA)
Tim
This wasn't as easy to pull together as I had hoped. I haven't included the extension of the current fisheries office program ($2.3m in the other table). Are you happy with this format and presentation? I can add the other piece in?? If you are happy, can you please let me know and either send to Brad or I can do so. Need to eat something and can then log back on.
Dan
1 Proposal Title: Primary industry business opportunities for Aboriginal nations across South Australia
Responsible Agency: Primary Industries and Regions SA
The opportunity: There are a number of economic development/business opportunities that could be explored for Aboriginal people/communities with the right business setting, structures, resources, and collaboration, industry stakeholders and the South Australian Government. The State is committed to further exploring these opportunities. Immediate opportunities in primary industries and regional development may include: • Traditional fishing • Tourism • Commercial fishing access • Aquaculture development • Agriculture development • People/skills development and training • Infrastructure/road construction, traffic management • Regional traineeships
What will be Creating the right business settings, underpinned by a trained workforce, and cross-sectoral partnerships will provide medium to long-term achieved? economic opportunities, ensuring future sustainability. • Aboriginal Nation participation in the commercial fishing and aquaculture industry • Aboriginal Nation Community development, capacity building and employment. • Nation building through the creation of economic and social opportunities • Promoting a wider understanding by the South Australian community of traditional and cultural use of resources • Aboriginal Nation participation in fisheries management processes for the purposes of ecological sustainable development • Provide career opportunities
What are the • Regulatory barriers to harvest/access of particular species barriers? • Skills-based barriers where there is limited experience or capability to participate in a new opportunity • Significant financial/budget barriers to development of most primary industry related opportunities due to the access requirements (ie licence purchases), and the significant infrastructure required Proposal Title: Agricultural opportunities for the Narungga Nation — to assist Narungga to develop a sustainable agricultural enterprise Responsible Agency: Primary Industries and Regions SA
Project Description: Site visit • Confirm land asset, skills and capability — ie scope of investigative work Develop a land capability assessment • Natural and cultural assessments • Soil assessment • Mapping of the property — pH, salinity, topography, soil types etc • Assessment of current land management practices and enterprises • Identify constraints to production Develop a property plan and recommendations • How to address production constraints • Soil amelioration and improvement strategies • Land use improvement options • Improved crop, pasture and livestock options • Water resource assessment What will be Creating the right business settings, underpinned by a trained workforce, and cross-sectoral partnerships Narungga Nation will be afforded the achieved? opportunity to self-determine their agricultural aspirations, achieve increased returns from their sovereign land, and build a skilled workforce. What needs to be A staged process will be implemented as per below: done to progress? 1. Determine and document Narungga aspirations 2. Asset stocktake — people, natural, cultural, physical, financial 3. Development plan/business plan 4. Develop the appropriate governance structures and partnerships where required 5. Commence implementation of plan subject to resourcing What additional • Completed detail of currently held assets, including ownership, rights to transfer, operate etc. information is • Needs-based skills assessment with a focus on agriculture. required? • Understanding of current share-farming contracts.
What are the • Skills-based barriers where peoples have limited experience or capability to participate in a new opportunity barriers? • Significant financial/budget barriers to development of the land, and the significant infrastructure/equipment required • Governance over the held land What is the timeline? Yr 1 — asset stocktake on agricultural land, agricultural development plan, agricultural skills development/training Yr 2 — commence agricultural development Budget $110,000 (Not included in current forward budget estimates) Proposal Title: Development of a Statewide Aboriginal Fishing and Aquaculture Program
Responsible Agency: Primary Industries and Regions, SA
Project Description: • Aboriginal Fisheries Officer Career Pathway Program • The program — a South Australian first - aims to provide local employment and the opportunity for Aboriginal people from their respective sea nations to assist PIRSA to support and manage the state's fisheries • The program will bolster regional employment, improve Fisheries and Aquaculture compliance efforts across the state and provide young Aboriginal people with not only a job, but a meaningful career pathway. • Development and Implementation of Aboriginal Traditional Fishery Management Plans • There are potentially up to thirteen Aboriginal Sea Nations in South Australia, many of whom have lodged Sea Claims as part of their Native Title applications in the Federal Court of Australia. As their claims proceed to either the development of an ILUA or a Consent Determination under the Native Title Act 1993 (Cwth), a series of Aboriginal Traditional Fishery Management Plans may be required to be developed in consultation with the respective Aboriginal Nation claimants. • Section 60 of the Fisheries Management Act 2007 recognises Aboriginal Traditional Fishing and provides for the development of Aboriginal Traditional Management Plans in conjunction with any existing and/or new Indigenous Land Use Agreements (ILUAs). • Fisheries and Aquaculture Regional Economic Development — Point Pearce Aboriginal Community (Buthera Agreement). • Assist Narungga Nation to establish a suitable corporate structure to form a dedicated Narungga Fishing and Aquaculture Company. This would be separate from existing Narungga Nation corporate entities, to enable a focus on fishing and aquaculture development, with appropriate expertise. • Facilitate exploratory/developmental fishing access to underutilised species. • Explore access to charter fishing entitlement/s
What will be • Narungga Nation participation in the commercial fishing and aquaculture industry. achieved: • Narungga Nation Community development, capacity building and employment. • Nation building through the creation of economic and social opportunities • Promoting a wider understanding by the South Australian community of traditional and cultural use of aquatic resources. • Aboriginal Nation participation in fisheries management processes for the purposes of ecological sustainable development • Provide statewide career opportunities through the Aboriginal Fisheries Officer Career Pathways Program.
What needs to be • Funding sourced to facilitate acquisition of necessary fishing licenses and entitlements done to progress? • Funding sourced to acquire necessary infrastructure including vessels, equipment and any land based infrastructure requirements • Facilitate necessary training requirements in relation to seamanship, fishing operations, aquaculture development and compliance. • Explore joint venture and partnership opportunities with existing aquaculture companies What additional • Existing capability, knowledge and training gaps that need to be addressed to enable these opportunities to be realised information is • Clarification on the most appropriate mechanism for engagement with Nations required: What are the • Funding to facilitate acquisition of existing fishing licences and entitlements as well as meeting infrastructure needs. barriers: What is the timeline: • 2-5 years, depending on funding commitments Budget • Aboriginal Fisheries Officer Career Pathway Program • $3,461,000 (not in forward budget estimates) — 2018/19 to 2021/22 (salaries and operational costs) • $2,300,000 (not in forward budget estimates) — additional trainees • Aboriginal Traditional Fisheries Management Plans • $200,000 (not in forward budget estimates) • Point Pearce Fishing and Aquaculture Development • $150,000 (planning, charter licence, cool rooms, governance structures, access to exploratory permit - not in forward budget estimates)
Proposal Title: North-West Indigenous Pastoral Project
Responsible Agency: Primary Industries and Regions, SA (in partnership with Indigenous Land Corporation and Aboriginal Community Organisations)
The Project: The North West Indigenous Pastoral Project (NWIPP) aims to lower unemployment, improve Aboriginal well-being in remote areas and reduce reliance on the welfare sector, through job creation. Simultaneously, land that has been unused is being re-built to become productive livestock businesses, contributing economic value for the state. The overall impact is improvement of the socio-economic environment of the states north-west.
Aboriginal pastoral lands must generate income underpinned by sustainable business practices and trainee pastoral workers must be transitioned across into independent employment, particularly into regional industry, where Aboriginal engagement opportunities (set by business targets) make this possible.
The Project will be delivered in partnership with the Indigenous Land Corporation (ILC) and incorporates four prominent Indigenous landholder groups: • Kokatha near Roxby Downs • Bungala near Port Augusta • Antakirinja Matu-Yankunytjatjara (AMY) near Coober Pedy, and • Anangu Pitjantjatjara Yankunytjatjara (APY)
The operating model of NWIPP is to link investment to measurable gains made by the landholders. Each landholder group has a Business/Property Development Plan prepared in 2015 which has provided a 3-year roadmap for development and investment. The NWIPP funds business plan development, provides wage assistance (pastoral skills training), coordinates investment into infrastructure repair and development, and provides a location / business for the transition into independent regional employment. ILC has been engaged throughout the program to deliver business management support but also, through their own contribution, provide the materials and resources to assist in property development.
To date through the NWIPP: • Seventy-one Aboriginal workers have been engaged through NWIPP of which twenty-eight have transitioned into independent employment, e.g. • Mining industry (particularly Prominent Hill, Carrapateena and Olympic Dam) • Civil construction (road construction) • Housing Construction • Bungala Aboriginal Corporation have commenced a contracting business with four ex-NWIPP trainees (fencing, construction, mustering, labour hire) • 273,000 hectares have been brought back into livestock production
Maintaining NWIPP momentum now requires that Business/Property Management Plans are reviewed and updated to reflect current circumstances, property employment opportunities are maintained, employer stakeholders maintain their commitment to the NWIPP and joint-venture agricultural investors invest into the APY.
In early 2018, the former Government announced an extension of the project through an allocation of $2.25m over three years (2018/19 — 2020/21) from the Regional Development Fund, now the Regional Growth Fund. The $2.25m State Government contribution is expected to leverage an additional $3.44m, from stakeholder investors over the next three years.
What will be • A further 500,000+ hectares to be brought back into production over the next two-three years, increasing the supply of livestock, achieved: which is vital to improve profitability of SA livestock processing plants. • A further 50+ Aboriginal workers will secure independent employment post-NWIPP engagement • Business viability and diversification continues to develop (renewable energy partnerships, contracting, labour hire, tourism etc.) • Aboriginal-owned stock will begin to replace agisted third-party stock, particularly in the APY Lands (requires joint venture business development)
What is the timeline: • 3 years Budget: • $2.25 million (in forward budget estimates — announced in January 2018 by previous government) Price, Simon (PIRSA)
From: Perry, Bradley (PIRSA) Sent: Tuesday, 29 May 2018 8:47 PM To: Price, Simon (PIRSA) Subject: FW: PIRSA Summary of Aboriginal Program Opportunities 22 May 2018.docx Attachments: PIRSA Summary of Aboriginal Program Opportunities 22 May 2018.docx
Let's discuss asap
From: Goodes, Tim (PIRSA) Sent: Tuesday, 22 May 2018 8:00 PM To: Perry, Bradley (PIRSA)
Dear Brad Apologies for the delay on this. It is the table you asked for last week in response to the request for ideas from the Premier's Office. The first page of the attached table is a general intro about agricultural opportunities with Aboriginal people. The remaining pages are the three themes that could be pursued: • A simple idea that has already been flagged under the work done with the Narungga nation during the "treaty" process discussions late last year. Also the least expensive idea; • A collection of fisheries projects, considered an excellent way of building engagement. And also one element is an extension of the existing fisheries compliance officer traineeship which I believe Scott has discussed with the Commonwealth; and • The North-West Indigenous Pastoral Project, announced by the previous government that will need the Minister to agree to execute the Funding deed amendment as discussed yesterday (would give him a "quick win" in this plan). Let us know if you want further information on any, or if it would be useful to receive this in a formal brief. We could easily put together short (approx. 5 page) briefs on each theme. Tim
Tim Goodes 1 Deputy Chief Executive Primary Industries and Regions SA - PIRSA P: +61 8 8226 03101 M: + 61 401 716 700 1 W: www.pirsa.gov.au
From: Casement, Daniel (PIRSA) Sent: Tuesday, 22 May 2018 7:16 PM To: Goodes, Tim (PIRSA)
Tim
This wasn't as easy to pull together as I had hoped. I haven't included the extension of the current fisheries office program ($2.3m in the other table). Are you happy with this format and presentation? I can add the other piece in?? If you are happy, can you please let me know and either send to Brad or I can do so. Need to eat something and can then log back on.
Dan
1 Proposal Title: Primary industry business opportunities for Aboriginal nations across South Australia
Responsible Agency: Primary Industries and Regions SA
The opportunity: There are a number of economic development/business opportunities that could be explored for Aboriginal people/communities with the right business setting, structures, resources, and collaboration, industry stakeholders and the South Australian Government. The State is committed to further exploring these opportunities. Immediate opportunities in primary industries and regional development may include: • Traditional fishing • Tourism • Commercial fishing access • Aquaculture development • Agriculture development • People/skills development and training • Infrastructure/road construction, traffic management • Regional traineeships
What will be Creating the right business settings, underpinned by a trained workforce, and cross-sectoral partnerships will provide medium to long-term achieved? economic opportunities, ensuring future sustainability. • Aboriginal Nation participation in the commercial fishing and aquaculture industry • Aboriginal Nation Community development, capacity building and employment. • Nation building through the creation of economic and social opportunities • Promoting a wider understanding by the South Australian community of traditional and cultural use of resources • Aboriginal Nation participation in fisheries management processes for the purposes of ecological sustainable development • Provide career opportunities
What are the • Regulatory barriers to harvest/access of particular species barriers? • Skills-based barriers where there is limited experience or capability to participate in a new opportunity • Significant financial/budget barriers to development of most primary industry related opportunities due to the access requirements (ie licence purchases), and the significant infrastructure required Proposal Title: Agricultural opportunities for the Narungga Nation — to assist Narungga to develop a sustainable agricultural enterprise Responsible Agency: Primary Industries and Regions SA
Project Description: Site visit • Confirm land asset, skills and capability — ie scope of investigative work Develop a land capability assessment • Natural and cultural assessments • Soil assessment • Mapping of the property — pH, salinity, topography, soil types etc • Assessment of current land management practices and enterprises • Identify constraints to production Develop a property plan and recommendations • How to address production constraints • Soil amelioration and improvement strategies • Land use improvement options • Improved crop, pasture and livestock options • Water resource assessment What will be Creating the right business settings, underpinned by a trained workforce, and cross-sectoral partnerships Narungga Nation will be afforded the achieved? opportunity to self-determine their agricultural aspirations, achieve increased returns from their sovereign land, and build a skilled workforce. What needs to be A staged process will be implemented as per below: done to progress? 1. Determine and document Narungga aspirations 2. Asset stocktake — people, natural, cultural, physical, financial 3. Development plan/business plan 4. Develop the appropriate governance structures and partnerships where required 5. Commence implementation of plan subject to resourcing What additional • Completed detail of currently held assets, including ownership, rights to transfer, operate etc. information is • Needs-based skills assessment with a focus on agriculture. required? • Understanding of current share-farming contracts.
What are the • Skills-based barriers where peoples have limited experience or capability to participate in a new opportunity barriers? • Significant financial/budget barriers to development of the land, and the significant infrastructure/equipment required • Governance over the held land What is the timeline? Yr 1 — asset stocktake on agricultural land, agricultural development plan, agricultural skills development/training Yr 2 — commence agricultural development Budget $110,000 (Not included in current forward budget estimates) Proposal Title: Development of a Statewide Aboriginal Fishing and Aquaculture Program
Responsible Agency: Primary Industries and Regions, SA
Project Description: • Aboriginal Fisheries Officer Career Pathway Program • The program — a South Australian first - aims to provide local employment and the opportunity for Aboriginal people from their respective sea nations to assist PIRSA to support and manage the state's fisheries • The program will bolster regional employment, improve Fisheries and Aquaculture compliance efforts across the state and provide young Aboriginal people with not only a job, but a meaningful career pathway. • Development and Implementation of Aboriginal Traditional Fishery Management Plans • There are potentially up to thirteen Aboriginal Sea Nations in South Australia, many of whom have lodged Sea Claims as part of their Native Title applications in the Federal Court of Australia. As their claims proceed to either the development of an ILUA or a Consent Determination under the Native Title Act 1993 (Cwth), a series of Aboriginal Traditional Fishery Management Plans may be required to be developed in consultation with the respective Aboriginal Nation claimants. • Section 60 of the Fisheries Management Act 2007 recognises Aboriginal Traditional Fishing and provides for the development of Aboriginal Traditional Management Plans in conjunction with any existing and/or new Indigenous Land Use Agreements (ILUAs). • Fisheries and Aquaculture Regional Economic Development — Point Pearce Aboriginal Community (Buthera Agreement). • Assist Narungga Nation to establish a suitable corporate structure to form a dedicated Narungga Fishing and Aquaculture Company. This would be separate from existing Narungga Nation corporate entities, to enable a focus on fishing and aquaculture development, with appropriate expertise. • Facilitate exploratory/developmental fishing access to underutilised species. • Explore access to charter fishing entitlement's
What will be • Narungga Nation participation in the commercial fishing and aquaculture industry. achieved: • Narungga Nation Community development, capacity building and employment. • Nation building through the creation of economic and social opportunities • Promoting a wider understanding by the South Australian community of traditional and cultural use of aquatic resources. • Aboriginal Nation participation in fisheries management processes for the purposes of ecological sustainable development • Provide statewide career opportunities through the Aboriginal Fisheries Officer Career Pathways Program.
What needs to be • Funding sourced to facilitate acquisition of necessary fishing licenses and entitlements done to progress? • Funding sourced to acquire necessary infrastructure including vessels, equipment and any land based infrastructure requirements • Facilitate necessary training requirements in relation to seamanship, fishing operations, aquaculture development and compliance. • Explore joint venture and partnership opportunities with existing aquaculture companies What additional • Existing capability, knowledge and training gaps that need to be addressed to enable these opportunities to be realised information is • Clarification on the most appropriate mechanism for engagement with Nations required: What are the • Funding to facilitate acquisition of existing fishing licences and entitlements as well as meeting infrastructure needs. barriers: What is the timeline: • 2-5 years, depending on funding commitments Budget • Aboriginal Fisheries Officer Career Pathway Program • $3,461,000 (not in forward budget estimates) — 2018/19 to 2021/22 (salaries and operational costs) • $2,300,000 (not in forward budget estimates) — additional trainees • Aboriginal Traditional Fisheries Management Plans • $200,000 (not in forward budget estimates) • Point Pearce Fishing and Aquaculture Development • $150,000 (planning, charter licence, cool rooms, governance structures, access to exploratory permit - not in forward budget estimates)
Proposal Title: North-West Indigenous Pastoral Project
Responsible Agency: Primary Industries and Regions, SA (in partnership with Indigenous Land Corporation and Aboriginal Community Organisations)
The Project: The North West Indigenous Pastoral Project (NWIPP) aims to lower unemployment, improve Aboriginal well-being in remote areas and reduce reliance on the welfare sector, through job creation. Simultaneously, land that has been unused is being re-built to become productive livestock businesses, contributing economic value for the state. The overall impact is improvement of the socio-economic environment of the states north-west.
Aboriginal pastoral lands must generate income underpinned by sustainable business practices and trainee pastoral workers must be transitioned across into independent employment, particularly into regional industry, where Aboriginal engagement opportunities (set by business targets) make this possible.
The Project will be delivered in partnership with the Indigenous Land Corporation (ILC) and incorporates four prominent Indigenous landholder groups: • Kokatha near Roxby Downs • Bungala near Port Augusta • Antakirinja Matu-Yankunytjatjara (AMY) near Coober Pedy, and • Anangu Pitjantjatjara Yankunytjatjara (APY)
The operating model of NWIPP is to link investment to measurable gains made by the landholders. Each landholder group has a Business/Property Development Plan prepared in 2015 which has provided a 3-year roadmap for development and investment. The NWIPP funds business plan development, provides wage assistance (pastoral skills training), coordinates investment into infrastructure repair and development, and provides a location / business for the transition into independent regional employment. ILC has been engaged throughout the program to deliver business management support but also, through their own contribution, provide the materials and resources to assist in property development.
To date through the NWIPP: • Seventy-one Aboriginal workers have been engaged through NWIPP of which twenty-eight have transitioned into independent employment, e.g. • Mining industry (particularly Prominent Hill, Carrapateena and Olympic Dam) • Civil construction (road construction) • Housing Construction • Bungala Aboriginal Corporation have commenced a contracting business with four ex-NWIPP trainees (fencing, construction, mustering, labour hire) • 273,000 hectares have been brought back into livestock production
Maintaining NWIPP momentum now requires that Business/Property Management Plans are reviewed and updated to reflect current circumstances, property employment opportunities are maintained, employer stakeholders maintain their commitment to the NWIPP and joint-venture agricultural investors invest into the APY.
In early 2018, the former Government announced an extension of the project through an allocation of $2.25m over three years (2018/19 — 2020/21) from the Regional Development Fund, now the Regional Growth Fund. The $2.25m State Government contribution is expected to leverage an additional $3.44m, from stakeholder investors over the next three years.
What will be • A further 500,000+ hectares to be brought back into production over the next two-three years, increasing the supply of livestock, achieved: which is vital to improve profitability of SA livestock processing plants. • A further 50+ Aboriginal workers will secure independent employment post-NWIPP engagement • Business viability and diversification continues to develop (renewable energy partnerships, contracting, labour hire, tourism etc.) • Aboriginal-owned stock will begin to replace agisted third-party stock, particularly in the APY Lands (requires joint venture business development)
What is the timeline: • 3 years Budget: • $2.25 million (in forward budget estimates — announced in January 2018 by previous government)