Department of Natural Resources, Mines and Energy

WATER CONNECTIONS ABORIGINAL PEOPLE’S WATER NEEDS IN THE MURRAY–DARLING BASIN

A guide to the water plans in the Condamine and Balonne, Border and Moonie catchments

February 2019 Artist Bio Edward Colliss (known as Whistle) is a Mardigan man from Cunnamulla. Edward’s art is a reflection of his life growing up in the Murray Darling Basin, where he would walk and camp along the banks and waterways as a child.

Front cover image: ‘Mundagutta’ –Edward Colliss

Mundagutta, sometimes referred to as the rainbow serpent created the waterways and the landscape during the time of Matya Munda (the time of the dreaming).

Aboriginal and Torres Strait Islander viewers are warned photographs in this report may contain images of deceased persons which may cause sadness or distress.

CS8711 01/19

This publication has been compiled by Department of Natural Resources, Mines and Energy.

© State of Queensland, 2019

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2 Water connections Acknowledgements The Queensland Government acknowledges and pays respect to the Traditional Owners and their nations in the Queensland Murray–Darling Basin catchments. We also value and respect the contributions of earlier generations, including the Elders, who passed on their knowledge of natural resource management. We acknowledge that the Traditional Owners of these catchments have a deep cultural connection to their lands and waters, and that the knowledge and cultural values of Traditional Owners need to be recognised in water planning. The Queensland Government would also like to gratefully acknowledge the contributions, knowledge and guidance provided by many people from the Aboriginal nations in the northern Murray–Darling Basin catchments. We are committed to continuing to engage with Aboriginal people into the future and to ensure the water resources in the Queensland Murray–Darling Basin are managed sustainably into the future. We consider this the start of a longer journey.

3 Contents

Guide to the water planning engagement process 8

Aboriginal people’s connection to water 12

What has happened so far? 22

Engagement with Aboriginal people 26 3.1 Learnings from past engagement 26 3.2 Guidelines 27 3.3 Working group 27 3.4 Planning meetings 28 3.5 Preliminary meetings with NBAN delegates and Elders 28 3.6 How we reached out 30 3.7 Who we engaged with 32 3.8 How we engaged 34 3.9 Lessons learned from our engagement 38

Information discussed with Aboriginal people 44 4.1 Aboriginal values and uses of water 46 4.2 Linking Aboriginal values and uses with ecological values and uses 57 4.3 Risks to Aboriginal values and uses of water 59 4.4 Objectives of Aboriginal people for water management 60 4.5 Outcomes desired by Aboriginal people for water management 61 4.6 The link between values and uses, risks, objectives and outcomes 62

How the plans were developed 66 5.1 Developing the draft plans 67 5.2 Draft plan outcomes 71 5.3 Public submissions on the draft plans 72

4 Water connections Final Condamine and Balonne and and Moonie water plans 80 6.1 Final plan outcomes 81 6.2 Healthy waters management plan objectives and outcomes 92

Appendix A – Glossary 102

Appendix B – Meeting data and examples of communication material 106

Appendix C – Summary of submissions 111

Appendix D – Final water plan outcomes 114

Appendix E – Mapping of Aboriginal objectives and outcomes with plan outcomes 118

Appendix F – Opportunities to strengthen the protection of Aboriginal values and uses 119

Appendix G – Queensland Water Resource Plan Index Part 14, Chapter 10 requirements 126

References 141

5 Contents

Figure 1 – G uide to Aboriginal people’s water needs in the Queensland Murray– Darling Basin 8 Figure 2 – Q ueensland water resource plans under the Murray–Darling Basin Plan as at February 2019 17 Figure 3 – M ap of Aboriginal nations in the Condamine–Balonne and Border Rivers and Moonie catchments 19 Figure 4 – Planning and engaging with Aboriginal people 29 Figure 5 – C onceptual representation of Queensland’s engagement process with Aboriginal people 34 Figure 6 – Aboriginal nations input into water planning process 45 Figure 7 – Aboriginal values and uses of water 46 Figure 8 – Y ellowbelly as an example of a species holding a range of values and uses 52 Figure 9 – L ink between the yellowbelly’s value and use and Aboriginal people’s risks, objectives and outcomes for water management 62 Figure 10 – Process for considering input from Aboriginal people into the water planning process 66 Figure 11 – M ain topics of submissions from Aboriginal people in Border Rivers and Moonie 73 Figure 12 – Main topics of submissions from Aboriginal people in Border Rivers and Moonie 73 Figure 13 – How a water plan works 82 Figure 14 – Outcome 1 84 Figure 15 – Outcome 2 86 Figure 16 – Outcome 3 (using yellowbelly as an example) 90

6 Water connections Table 1 – Links between Aboriginal values and uses and ecological assets and functions 58 Table 2 – Risks to values and uses 59 Table 3 – Objectives of Aboriginal people for water management 60 Table 4 – Outcomes desired by Aboriginal people for water management 61 Table 5 – Aboriginal objectives and outcomes and how they can be dealt with in water plans and healthy waters management plans 68 Table 6 – Draft plan outcomes and measures 72 Table 7 – Final plan outcomes and measures 81 Table 8 – Unallocated groundwater reserves in the Condamine–Balonne water plan area 87 Table 9 – Unallocated surface water reserves in the Border Rivers and Moonie water plan area 87 Table 10 – U nallocated groundwater water reserves in the Border Rivers and Moonie water plan area 88 Table 11 – Issues outside the scope of water plans and healthy waters management plans 97

7 Guide to the water planning engagement process Condamine and Balonne and Border Rivers and Moonie Water Plans

2016 2017 2018

Chapter 3

Engagement 38 Aboriginal nation workshops 250+ social media shares 500+ people consulted face-to-face 20+ places visited 30 on-country visits 10,000+ kilometres travelled 2000+ phone calls and emails 159 submissions on the draft plans

Aboriginal people’s Getting started Draft water plans information on their and healthy waters Understanding Aboriginal values, uses, objectives, management plans for people’s connection to water outcomes and risks consultation and initial engagement associated with water

Chapters 1 & 2 Chapter 4 Chapter 5

Figure 1 – Guide to Aboriginal people’s water needs in the Queensland Murray–Darling Basin

8 Water connections Guide to the water planning engagement process Condamine and Balonne and Border Rivers and Moonie Water Plans

2019 Ongoing

Final water plans Outcome 1: Promote improved understanding of environmental, economic, social, spiritual Other opportunities and cultural uses of water for involvement not by Aboriginal people related to water Outcome 2: Make water planning available to support the economic and social aspirations of Aboriginal people Outcome 3: Maintain flows of water that What's next? support the water-related Establish a process for environmental, cultural, releasing unallocated spiritual and social values water, improving of Aboriginal people understanding of requirements for cultural water and ongoing engagement Draft water plans and healthy waters management plans for Final healthy waters consultation management plans Environmental Values, Water Quality Objectives, Management responses

Chapter 5 Chapter 6 Chapter 7

9 10 Water connections Chapter 1 overview – Aboriginal people’s connection to water

This chapter describes how Aboriginal people have a strong connection to waterways, and how the Queensland Government has worked over the last five years to learn more about the cultural, spiritual, social, environmental and economic importance of water for Aboriginal people, and applied this to its water planning process. • To Aboriginal people, water is part of one connected system that includes the land, people and all living things, and has spiritual, cultural, social, economic and environmental value. • Aboriginal people have knowledge and perspectives that are needed to ensure sustainable water management is achieved, yet have not been included to the same extent in past processes. • The government has reviewed plans to better manage the rivers and groundwater in the Condamine–Balonne, Border Rivers and Moonie catchments in Queensland, including through consultation with Aboriginal people on their cultural values and uses of water. • The government is now committed to engaging over the life of the plans to ensure the views and voices of Aboriginal people continue to be heard and we improve our common understanding of cultural requirements for water.

11 1 Aboriginal people’s connection to water

The Condamine–Balonne, Moonie and Border Rivers catchments are the traditional lands and waters of Aboriginal people from 14 Aboriginal nations (see Figure 3). For thousands of generations, Aboriginal people have lived by, looked after and felt a strong connection to the waterways. Today, Aboriginal people maintain a responsibility, as well as laws and customs, to look after and care for the rivers, creeks, waterholes, lakes, , springs and groundwater across their traditional lands.

To Aboriginal people, water is part of one connected system that includes the land, people and all living things. Water has spiritual, cultural, social, economic and environmental value, and is vital for many aspects of Aboriginal life, such as fishing, hunting, swimming, storytelling, family gatherings, ceremonies and other sacred activities.

Over the past five years, the Queensland Government has worked closely with Aboriginal people to improve the way we manage our water resources in the Queensland Murray–Darling catchments. From this work, the government has developed a deep appreciation of Aboriginal people’s connection to water and their desire to influence how water is managed into the future.

The government is learning more about the cultural, spiritual, social, environmental and economic importance of water for Aboriginal people. We are understanding more about how water flow and water quality management are affecting Aboriginal people’s values and uses. We are also aware that Aboriginal people’s goals and desires for how water is managed and shared in these river systems have not been well integrated into water planning previously.

The government has reviewed plans to better manage the rivers and groundwater in the Queensland parts of the Condamine–Balonne, Moonie and Border Rivers catchments. Water is shared and managed through different types of plans: • water plans, which manage water quantity and flows and share water between users, such as irrigators and the environment • healthy waters management plans, which manage water quality. The new water plans include a number of new cultural outcomes. These outcomes were informed by the information gathered in engagement with Aboriginal people on cultural values and uses of water, and objectives and outcomes for water management. The outcomes were further refined from the feedback received from Aboriginal people on the draft plans.

12 Water connections Aboriginal people’s connection to water

Healthy waters management plans have also been prepared alongside the development of the water plans. Healthy waters management plans identify ways to improve water quality – which was a key issue raised during consultation with the Aboriginal community. The water quality targets, accompanying mapping (including the identification of high ecological value waterholes) and management responses to address key risks are included in the healthy waters management plans to achieve stated objectives and outcomes. This includes the water quality objective and outcome for Aboriginal cultural, spiritual and ceremonial values, informed through the consultation process.

Over time, we want the plans to reflect a more holistic view of water. We want to ensure that all information — cultural, social, economic and environmental — is considered when decisions are made about how to manage and share water. To do this, we need the continued involvement of Aboriginal people and Traditional Owners into the future.

From here, the government is committed to engaging over the life of the plans to ensure the views and voices of Aboriginal people continue to be heard and we improve our common understanding.

This report shows how the government engaged with Aboriginal people in the water plan review, what was talked about and what the plans for water sharing and water quality mean for Aboriginal people. The report also shows how Queensland has met the water resource planning requirements under the Murray–Darling Basin Plan 2012 (Basin Plan 2012).

13 BOX 1: How water is used in the Condamine–Balonne, Border Rivers and Moonie catchments

Water is an important social, cultural and economic resource for Queenslanders. It provides a range of benefits as an input into agriculture, tourism, mining, recreation and many other uses. Water is also important for environmental reasons. Water flowing in rivers, filling waterholes and overflowing onto floodplains at the right times and in enough quantity is important to maintain ecosystems and the populations of animals and plants dependent on the water.

Water is shared by many different users for many purposes. In the Queensland Murray–Darling Basin in particular, water is a scarce resource. Different users of water often have competing priorities, and our water plans seek to find the most sustainable balance between the different users.

Irrigation Environment

Towns Water use Aboriginal

Stock

Industry and mining Recreation and tourism

14 Water connections BOX 2: Queensland Murray–Darling Basin catchments

Condamine and Balonne

The Condamine–Balonne catchment begins at the headwaters of the , near Killarney. The Condamine River travels north-west, then south-west to become the near Surat. It is joined by the at Beardmore Dam (Lake Kajarabie). The area downstream of Beardmore Dam is known as the Lower Balonne, and is characterised by floodplain. The river itself splits into multiple rivers and streams that flow over the Queensland – border to join into the upstream of Bourke.

The Queensland section of the Condamine–Balonne catchment is approximately 88 600 square kilometres, and is nearly 50 per cent of the land area of the Queensland Murray–Darling Basin. Major water storages in the area are (capacity 106 gigalitres) and Beardmore Dam (capacity 82 gigalitres).

Border Rivers and Moonie

The Border Rivers catchment includes the Dumaresq and Macintyre rivers, which mark the Queensland – New South Wales border of the catchment. Other rivers flowing into these from the Queensland side include the Severn and Weir rivers, and Macintyre Brook. The Queensland section of the Border Rivers catchment covers approximately 24 000 square kilometres. (capacity 254 gigalitres) and Coolmunda Dam (capacity 69 gigalitres) are the major water storages in the area.

The catchment covers approximately 14 500 square kilometres. The Moonie River has no major water supply dams, and so is called an ‘unsupplemented’ or ‘unregulated’ system. Small volumes of surface water and groundwater are extracted for use by irrigators. There are some small to medium weirs along the river, including one at Thallon that was built to supply town water.

15 BOX 3: Queensland water plans, healthy waters management plans and the Murray–Darling Basin Plan

This engagement effort operates in a complex broader context.

Firstly, there is national and state legislation. Water resource plans (WRPs) need to be accredited under the Basin Plan 2012 at the national level. State water plans form part of the WRPs, and also need to comply with the Queensland Water Act 2000. There are a range of other plans and reports that form part of the planning process, and these are developed by the Queensland Government (refer to figure below).

A water plan is a legal document that deals with how water flowing down the system or existing under the ground is shared and managed in a river catchment. The plan aims to find a sustainable balance between the multiple users of water. The plan also needs to ensure enough water is being made available to the environment to sustain ecological assets and processes. The objective is to share water between users in a sustainable way so that it will be available for future generations. Two water plans cover three of the catchments within the Queensland Murray–Darling Basin — one covers the Condamine and Balonne, and the other covers the Border Rivers and Moonie catchments.

Healthy waters management plans are developed under the Environmental Protection (Water) Policy 2009 and identify ways to improve the quality of water within a river catchment. The plan can achieve this by identifying what is causing poor water quality and by developing ways to improve water quality. For example, a brown river with low visibility may contain high amounts of suspended sediments. These can be caused by many factors, such as a lack of vegetation on the riverbank, low levels of nearby ground-cover vegetation, and stock accessing the river and disturbing the riverbank and riverbed. All of these can lead to loose mud and dirt being washed into the water by rain. However, they can be managed, for example, by planting vegetation on the riverbank and fencing riparian vegetation to prevent stock from trampling the vegetation and accessing the river. There are three healthy waters management plans — one for each of the Condamine–Balonne, Border–Moonie and Maranoa–Balonne catchments.

16 Water connections Aboriginal people have not been included in past processes, yet have knowledge and perspectives that are needed to ensure sustainable water management is achieved. This knowledge and these views have been recognised in the new water plans and healthy waters management plans. This will ensure our understanding of cultural requirements of water improves, that management of water is based on the best available information, and that water resources are used sustainably and productively.

Figure 2 – Queensland water resource plans under the Murray–Darling Basin Plan as at February 2019

Queensland Water Resources Plans under the Murray-Darling Basin Plan

• Condamine and Balonne Department of Natural Department of Water Resource Plan Resources, Mines and Environment and Science (Index) Energy • Healthy waters • Border Rivers and Moonie • Water Plan (Condamine and management plan Water Resource Plan Balonne) 2019 Condamine River basin (Index) • Water Plan (Border Rivers • Healthy waters • Risk assesment reports and Moonie) 2019 management plan Maranoa and Balonne River basin • Risk management reports • Condamine and Balonne Water Management • Healthy waters • Water connections report Protocol management plan • Long-term watering plans Queensland Border Rivers • Border Rivers and Moonie and Moonie River basins • Social-economic reports Water Management • Water accounting methods Protocol • Environmental assessment reports reports • Condamine and Balonne Water Entitlement Notice • Ecological risk assessment reports • Border Rivers and Moonie Water Entitlement Notice • Consultation reports

17 BOX 4: Queensland Water Act 2000

The Queensland Water Act 2000 states that sustainable water management recognises the interests of Aboriginal people and their connection to water, among other things.

The Act allows local communities to access water for several purposes (including stock, domestic and recreational use) without the need for a water entitlement. There are conditions in place to make sure that the take of this water does not affect other water users or the ecological values that have been identified in the relevant water resources plan.

In 2013, changes were made to the Act to acknowledge Aboriginal rights and uses of water as being distinct from those of the general community. The new section 95 enables an Aboriginal party or Torres Strait Islander party to take or interfere with water for traditional activities or cultural purposes. This aims to clarify rights that are provided under the Native Title (Queensland) Act 1993 and Aboriginal Cultural Heritage Act 2003.

An ‘Aboriginal party’ (as defined in section 35 of the Aboriginal Cultural Heritage Act) is: • a native title party (including a registered native title claimant or native title holder) • if there is no native title party, an Aboriginal person with particular knowledge about traditions, observances, customs or beliefs, and who is recognised in accordance with Aboriginal tradition as having responsibility for the area or for significant Aboriginal objects located or originating in the area. ‘Cultural purposes’ are activities, other than commercial activities, that support the maintenance or protection of Aboriginal cultural heritage. ‘Traditional activities’ are any activities that the Aboriginal party carries out as part of their tradition, and include hunting, fishing, gathering, camping, performing rites or ceremonies, and visiting sites of significance.

18 Water connections In 2018, the Water Act 2000 was amended again to require the state’s water plans to specifically state cultural outcomes separately from social, economic and environmental outcomes. Previously, cultural outcomes were embedded in other outcomes, if at all.

This separation makes it clear that any future decisions about water management must consider cultural outcomes. In future, water plans must include strategies to achieve cultural outcomes, along with monitoring and reporting obligations against these outcomes.

As this report will explain, the new water plans in the Condamine–Balonne and Border Rivers and Moonie have been developed to contain cultural outcomes consistent with the Act.

Figure 3 – Map of Aboriginal nations in the Condamine–Balonne and Border Rivers and Moonie catchments

N Theodore  •

CONDAMINE BALONNE E idsvold Barunggam Gunggari • Guwamu/Kooma Maryborough • G ayndah Euahlayi Kambuwal • Giabel Injune • Githabul Murrawarri Gomeroi/Kamilaroi

K ilkivan Wandoan • • Proston •

Morven • Mitchell • R oma • Miles • K umbia C hinchilla • • r J andowae ne Rive • C mi Yarraman o nda • C ondamine •

Surat • Dalby • M C rows Nest a Tara r a • • n o a R i ve BR ISBA NE r C o • n ( G atton N d a m • • or t h in e MOONIE B r R Pittsworth an iv Bigambul c er • h Gomeroi/Kamilaroi ) Millmerran Mandandanji • C lifton • oonie River Bollon M • St G eorge • er iv R Warwick e • nn o a l B K illarney Weir iv • R er Inglewood ok ro • B Talwood e • r yre ty Maci nt in Dirranbandi • ac • R ive r M Thallon er Stanthorpe • Dumaresq Riv •

r e BORDER RIVERS iv Texas R • n Bigambul o Wallangarra • Hebel ar w • B• Euahlayi Tenterfield Kambuwal Bonshaw • • Kilometres Gomeroi/Kamilaroi Queensland Murray-Darling 0 20 40 80 120 Githabul TRADITIONAL OWNER GROUPS

19 20 Water connections Chapter 2 overview – What has happened so far This chapter summarises the overview of water planning in the Queensland Murray–Darling Basin, and how the government has increasingly engaged with Aboriginal people to identify how they value and use water. • The review of the Warrego, Paroo, Bulloo and Nebine state water plan was finalised in 2016, and engagement with Aboriginal people from these catchments informed this review. • For the Condamine and Balonne, Border Rivers and Moonie catchments, the previous water plans were due to expire in 2019, and the government has been engaging with Aboriginal people as part of the review of these plans. • In April 2018, the government released draft water plans and draft healthy waters management plans to give people an opportunity to provide feedback, accompanied by a guide to facilitate the involvement of Aboriginal people in providing feedback. • Targeted consultation was initiated with each Aboriginal Nation in the plan areas • Although the Condamine and Balonne, Moonie and Border Rivers catchments are managed under separate plans, they were treated as a whole for Aboriginal engagement because the Aboriginal nation areas do not follow plan area boundaries.

21 2 What has happened so far?

The Queensland Murray–Darling Basin comprises three plan areas: • Warrego, Paroo and Nebine • Condamine and Balonne • Border Rivers and Moonie. The Warrego, Paroo and Nebine catchment was included in the government’s review of the Warrego, Paroo, Bulloo and Nebine state water plan, which was finalised in 2016 and formed part of the Warrego, Paroo and Nebine Water Resource Plan that was accredited by the federal government in 2017. Engagement with Aboriginal people from these catchments informed the development of the plan.

For the Condamine and Balonne, Moonie and Border Rivers catchments, the previous water plans were released in 2003 and 2004 and were due to expire in 2019. Over the past few years, the Queensland Government has reviewed the previous plans.

Since August 2016, the government has been engaging with Aboriginal people as part of the plan review. Over a period of 18 months, engagement focused on identifying how Aboriginal people value and use water, and what objectives and outcomes Aboriginal people have for the way water is managed. This engagement also raised many other issues and views that have been considered as part of the water planning process.

In April 2018, the government released draft water plans and draft healthy waters management plans to give people an opportunity to provide feedback. This public submissions phase was accompanied by a report to facilitate the involvement of Aboriginal people in providing feedback: Aboriginal people’s water needs in the Queensland Murray–Darling Basin: A guide to the draft water plans for the Condamine-Balonne, Moonie and Border Rivers catchments. Extensive consultation across the catchment sought to gain people’s perspectives on the draft plans.

22 Water connections This new report, Water connections, accompanies the final water plans and healthy waters management plans as part of a larger package of instruments and reports submitted to the Murray–Darling Basin Authority for accreditation purposes. Appendix F shows how Queensland meets the requirements under Part 14 of Chapter 10 of the Basin Plan 2012, which covers Aboriginal values and uses, for both plan areas.

The report covers the Condamine and Balonne, Moonie and Border Rivers catchments as a whole, even though there are two water plans and three healthy waters management plans. This approach was taken because the Aboriginal nation areas do not follow plan area boundaries, and this was supported by the Aboriginal people engaged through the process.

23 24 Water connections Chapter 3 overview – Engagement with Aboriginal people

This chapter summarises how the government involved Aboriginal people in the plan development process, including learnings from past engagement, communication methods, Aboriginal nation-based meetings and trips on country. • Previous consultation recorded many Aboriginal values, uses, objectives and outcomes related to managing water, but feedback included suggestions for improvements to the consultation process, including for nation-based rather than town-based meetings, and instilling a sense of ownership for attendees at meetings. • A working group was established to guide the consultation, comprising three Aboriginal people from the NBAN, representatives from the Queensland and New South Wales governments, and initially, representatives from the Murray–Darling Basin Authority. • Aboriginal engagement officers used several channels to contact Aboriginal people from the Aboriginal nations in the catchments, including social media, the ‘Murri grapevine’, and establishing networks, connections and meaningful relationships. • A submission template was developed to make it easier for Aboriginal people who wished to make submissions to the draft plans. • The result of this process was an unprecedented 159 submissions from Aboriginal people for the plans, representing over one-third of the total submissions received.

25 3 Engagement with Aboriginal people

3.1 Learnings from past engagement The Queensland Government consulted with Aboriginal people during the development of the Warrego, Paroo, Bulloo and Nebine (WPBN) water resource plan between 2013 and 2016.

Overall, the WPBN consultation was able to record many Aboriginal values, uses, objectives and outcomes related to managing water in the plan area. However, feedback from the Northern Basin Aboriginal Nations (NBAN) included suggestions for improvements to the consultation process, including for nation-based rather than town-based meetings. Town meetings did not capture the full breadth of Aboriginal values and uses because attendance was lower than desired, and nations did not feel free to speak about some cultural issues with other nations present. Elders have said this is because some things are considered ‘secret business’ that cannot be discussed openly. Also, some discussion points bring up old disagreements and can cause conflict.

Feedback also indicated that holding town-based meetings with many nations present could be seen as disrespectful to Aboriginal people. Many Aboriginal people reported feeling that when governments do town meetings rather than, for example, a ‘Wakka Wakka meeting’ or a ‘Gungarri meeting’, it sends two messages: • The government is not listening because they do not hold the meetings in the way that Aboriginal people have asked them to. • This is a government meeting under government control; it’s not under the control of the Elders and Traditional Owners. The NBAN provided specific recommendations on how to increase participation in consultation so that more voices were heard and more people felt that they were included in the process. They also suggested that proper cultural protocols be followed in future engagement with Traditional Owners, and that feedback be provided to participants throughout the process.

In some situations Traditional Owners did invite people from other nations to attend meetings where there was general information relating to all Aboriginal people. The context of the request for nation meetings was that culture was being discussed and culturally sensitive information was on the agenda. The common element of all of these situations is that local Aboriginal people were in control of the consultation.

26 Water connections Engagement with Aboriginal people

3.2 Guidelines In planning our engagement, the government referred to the Basin Plan 2012, the Murray–Darling Basin Authority’s Guidelines for meeting Basin Plan (Chapter 10) requirements in relation to Aboriginal peoples’ objectives and outcomes for water (MDBA 2017), and other guidelines such as the Akwé: Kon guidelines (CBD 2004) and the National Water Initiative policy guidelines on engaging Indigenous peoples in water planning and management ( 2017).

Section 10.53 of the Basin Plan 2012 says that a water resource plan must consider the ‘inclusion of Indigenous representation in the preparation and implementation of the plan’ (1.c) and must encourage the ‘active and informed participation of Indigenous people’ (1.e).

To help meet the Basin Plan requirements and to effectively incorporate the Akwé: Kon guidelines, we established a working group for the consultation.

3.3 Working group The working group included three Aboriginal people from the NBAN and representatives from the Queensland and New South Wales governments. Representatives from the Murray–Darling Basin Authority were involved at first to help establish the direction and function for the group. The group met several times a year, and had regular out-of-session discussions as needed. The focus of meetings in 2017 was to guide the Queensland Government on the most effective and culturally appropriate way of engaging with Traditional Owners during the consultation.

The focus of the group in 2018 was to continue to provide advice on engagement, but also to provide input into the public submissions process for the draft plan. In particular, the group helped to guide the design of the report Aboriginal people’s water needs in the Queensland Murray–Darling Basin: A guide to the draft water plans for the Condamine–Balonne, Moonie and Border Rivers catchments (DNRME 2018a).

27 3.4 Planning meetings A first meeting with all of the NBAN Queensland delegates who represent the Queensland Murray–Darling Basin catchments was held in , New South Wales, in August 2016. Minutes from this meeting include detailed instructions from Traditional Owners on how to consult effectively with their nations, and areas for improvement identified through the previous consultation. This meeting highlighted the need for the government to employ a culturally competent staff member who had relevant experience and knowledge to be dedicated to the consultation process.

3.5 Preliminary meetings with NBAN delegates and Elders After the Boggabilla meeting, further face-to-face and telephone meetings were held with the NBAN delegates. A number of Aboriginal people from the nations in the catchments who are not represented by the NBAN were identified and invited to participate. Consultation meetings followed, with open invitations to all people from those nations who wished to attend. From these meetings and through ongoing communication with key stakeholders, secondary meetings and trips on country were planned and carried out. For this process, the Queensland Government committed to an open line of communication built on meaningful relationships with Aboriginal people, with consultation meetings at the beginning of the process and continuing throughout the review.

The NBAN and the working group advised the government to keep an open-door approach to engaging with the Aboriginal community. All Aboriginal people wanting to be involved have been listened to, and their comments documented. Information was not shared openly, but was made available to other members of the same nation to add further comment when given permission.

The Murray–Darling Basin Authority’s guidelines advise Basin states to ‘invite Elders to determine their preferred approaches to consultation’. However, due to the forced removal of Aboriginal people from their traditional country and the consequent loss of culture, many formal cultural and societal structures have been broken, so that the definition of an Elder is not always clear and can differ between nations. While the term ‘Elder’ is still widely used, Aboriginal people say that it can mean a community leader, the oldest member of a family, or simply a respected person in the community. An individual’s claim to be an Elder or any statements from Aboriginal people about who the Elders are were not questioned in the engagement process.

28 Water connections Figure 4 – Planning and engaging with Aboriginal people

Listening to Lessons from people Planning the Warrego, meeting Paroo, Bulloo with NBAN and Nebine delegates

Basin Guidance Plan and from working guidelines Plan how we engage group

Nation-led Engage with people Food meetings

On-country Individual visits Phone calls, catch-ups emails and social media

29 BOX 5: Relationship building

The foundation of effective Aboriginal consultation is building relationships. The foundation of building relationships is empathetic listening, transparency and honesty, and in this context, maintaining such relationships involves professionalism or doing the job well. The government used culturally capable people with local knowledge and awareness to engage with local communities and form connections. Finally, we recognise that we have not been able to connect with everyone and understand everyone’s individual perspectives.

Empathetic listening is when you listen to truly understand where the person is coming from. To do this, a staff member will need to be experienced in communicating with Aboriginal people, and have a high understanding of traditional Aboriginal culture and current and past cultural protocols, and a high understanding of grassroots politics and local community issues.

3.6 How we reached out Our Aboriginal engagement officers used several channels to contact Aboriginal people from the Aboriginal nations in the catchments: • Delegates from the NBAN, who were the primary contacts, organised meetings with other Traditional Owners from the nations. • The engagement officers tapped into the ‘Murri grapevine’, a word-of-mouth system of communication that exists because Aboriginal people are well connected through family relationships and friendships. It involves social media, face-to-face communication, telephone calls, telephone texting and emails. • Time was dedicated to establishing networks, connections and meaningful relationships with people, and maintaining constant ongoing communication across the entire planning process. This process allowed staff to develop an understanding and appreciation of the dynamics within local communities.

30 Water connections • Via internet and Facebook searches, the engagement officer identified and contacted Aboriginal organisations located within the catchment. • The engagement officer set up the Facebook page ‘Aboriginal engagement for water resources of the Queensland Murray–Darling Basin’. It currently has about 300 followers. • The Queensland South Native Title Service contacted many Aboriginal people with cultural links to the catchment areas. The Service helped by distributing information to stakeholders in the catchments and allowed us to meet in their office on occasion with traditional owners. • A number of Traditional Owners and NBAN delegates were part of a Prescribed Body Corporate (PBC). Government staff were often asked to attend a PBC meeting as a first step in talking to the Aboriginal nation. For example, staff attended PBC meetings for Kooma (Guwamu) and Gunggari to explain the draft water plan and in turn received advice on how to talk to the broader group.

31 3.7 Who we engaged with Aboriginal nations involved in the engagement included: • Barunggam • Bidjara • Bigambul • Euahlayi • Giabel • Githabul • Gomeroi (Kamilaroi) • Gunggari • Guwamu (Kooma) • Jarowair • Kambuwal • Mandandanji • Wakka Wakka. Note: Aboriginal nations of the Murray–Darling Basin are listed on a map produced by the Murray–Darling Basin Authority and representatives of the Aboriginal nations (adapted in Figure 3). Murrawarri Nation representatives have indicated to the Queensland Government that their traditional lands do not extend far into Queensland, and therefore they do not need to be part of the engagement.

32 Water connections BOX 6: Quick stats from our engagement since 2016

38 Aboriginal nation workshops

500+ people consulted face-to-face

30 on-country visits

2000+ phone calls and emails

250+ social media shares

20+ places visited

10,000+ kilometres travelled

33 3.8 How we engaged Engagement with Aboriginal people focused on involving Aboriginal people from the start and at every stage of the plan development. This section summarises the various ways in which government engaged with Aboriginal people between 2016 and 2018.

Figure 5 – Conceptual representation of Queensland’s engagement process with Aboriginal people

Empathetic Existing Knowledge Family established of traditional listening connections friendships and Aboriginal Knowledge Understanding networks culture of current local slang/ cultural dialects protocols

Establish Knowledge Traditional relationships of grass roots owner politics and input community dynamics Identify key knowledge holders and organisations Working NBAN group delegate input input Hold formal meetings

Provide feedback to stakeholders Mungindi case study Boggabilla case study

Culturally Social appropriate media report Photos

34 Water connections 3.8.1 Initial meetings

Initial introductory meetings were used throughout the process to ensure we sought the advice of key people before holding workshops and meetings with broader nations and groups. Organising this type of meeting is often the first formal part of consulting with Aboriginal people. If Aboriginal people are not part of the planning here, then meetings will most likely have low attendance and will not run as smoothly. Organising an initial meeting is an opportunity to show we are listening to Aboriginal people right from the beginning, by taking advice on how meetings should be run.

3.8.2 Nation-based meetings

In response to feedback from Aboriginal people, we organised meetings with specific Aboriginal nations rather than town-based meetings. These nation workshops took place from early 2017 to early 2018 and aimed to introduce the water planning process and identify: • the social, spiritual, cultural, environmental and economic values and uses of Aboriginal people that relate to water resources • the risks to these values and uses of water • the objectives of Aboriginal people in relation to managing the water resources • the outcomes for the management of water resources that are desired by Aboriginal people. Participants also raised opportunities to strengthen the protection of values and uses, including Indigenous Rangers for example. Having a sense of ownership of a meeting was reported as important by many attendees, and was a key reason they attended. Aboriginal people chose the times, locations and venues of the meetings, and in many cases were contracted to provide the catering. This created a sense of ownership and control, where government officers were received as guests, and gave the appropriate respect to the Elders.

Sufficient time between initial contact and the workshops provided the opportunity for people to be notified by both government staff and NBAN delegates. Notification took place in a range of ways, including word-of-mouth, email, social media or phone. Flyers were tailored for the individual nation workshops, which were printed or shared on social media.

35 Facebook was the primary social media platform used for the engagement process. A dedicated page called Aboriginal engagement for water resources of the Queensland Murray–Darling Basin was set up and generated significant interest in the content. Facebook posts preceded each workshop and were widely shared.

To help communicate information about the water planning process, a short brochure was prepared. At many of the workshops, we introduced the water planning process and what we were trying to achieve by showing the Murray– Darling Basin Authority’s video ‘Grandma Cod's big splash’ (MDBA 2017a). Presentations at the workshops were tailored for each nation and adapted along the way from participants’ feedback to ensure messages were clear.

Information from these nation workshops was captured by government staff. When possible, the information was read back to participants during the workshop, and the results of the workshops sent back by email for comment after the workshop. This ensured that participants could confirm the information that was recorded.

Examples of workshop communication material is provided in Appendix B.

3.8.3 Trips on country

Following the meetings, recommendations were made to travel to specific towns to meet people, or to go on country. Many Elders with important knowledge were unable to attend the meetings and asked the engagement officer to meet individuals at more appropriate times or places, where more sensitive information could be shared in a safe and respectful way. In every case, officers met with Elders at a time and location chosen by them.

3.8.4 Submissions on draft plans

In April 2018, the Queensland Government gave members of the public the opportunity over a seven-week period to comment on the draft water plans and draft healthy waters management plans. The government provided support to enable Aboriginal stakeholders to submit their input on the draft plans as part of this process.

The document Aboriginal people’s water needs in the Queensland Murray–Darling Basin: A guide to the draft water plans for the Condamine–Balonne, Moonie and

36 Water connections Border Rivers catchments was designed to be used as a communication tool for the release of the draft water plans. Design of this document involved significant input from Aboriginal people on the working group, who looked at the draft and gave suggestions, many of which were brought into the report.

At the start of the public submissions period, a planning meeting with two NBAN delegates from the plan area (Wakka Wakka and Guwamu) provided advice and guidance about how the submissions process could be improved to maximise involvement of Aboriginal people, including comments on presentation material.

Further advice from a Gomeroi Traditional Owner resulted in a submission template for Aboriginal people to use. This was printed out for people to write a submission, and also projected onto a large screen to enable group discussions. Feedback suggested that this method was important to give people with low literacy levels the opportunity to provide comment.

Social media was once again used to promote the meetings. Some meetings were nation-based meetings, while some were town-based community meetings, with all 13 Aboriginal nations in the Queensland catchments being invited. Aboriginal people controlled this process, and ultimately decided whether the meeting would be open to all relevant nations or not. Specific data on meeting attendance and meeting locations is provided in Appendix B.

Tools from previous meetings, such as ‘Grandma Cod’s big splash’ (MDBA 2017a), were used as a number of people at the meetings were hearing about water planning for the first time. Communication of the complex nature of water planning was often a challenge. Experienced and culturally capable staff, including two Aboriginal staff, and the use of Aboriginal facilitators for some meetings helped to overcome this. NBAN delegates also often assisted in communicating the basics of water planning to participants and answering questions related to NBAN.

The result of this process was an unprecedented 159 submissions from Aboriginal people for the plans, representing over one-third of the total submissions received (refer to the section 5.3 on public submissions on the draft plans for more details).

Results and information from the engagement meetings were summarised and presented at NBAN gatherings and board meetings to provide updates and seek further advice from delegates.

37 3.9 Lessons learned from our engagement We acknowledge that consultation between the government and Aboriginal people has not been sufficient in the past, and this is something that we are trying to change. Engagement with Aboriginal people in the preparation of these water plans was about starting to change this story. It was about listening, learning and improving how we can engage with Aboriginal people. We wanted to be inclusive and seek out the culturally appropriate people to talk to, and take the time to listen to why water is important to Aboriginal people.

A key theme for relationship building was taking the time to yarn and establish connections. Aboriginal people told us how to engage with them. This was important to create an atmosphere that people felt safe to communicate in and to generate meaningful discussions.

We acknowledge that people may have been left out of the engagement for these water plans to date. This is not the end of our engagement. In fact, it is the beginning of a longer term process around implementation of these plans and the lead up to the five-year reporting on progress and the ten-year review of the plans. The outcomes and measures in the plans (described in the section 6.1 on final plan outcomes) commit to ongoing engagement with Aboriginal people for these plan areas.

38 Water connections BOX 7: Mungindi case study

The government held an Aboriginal consultation meeting in Mungindi to inform Aboriginal stakeholders about draft water plans in June 2018. The meeting was conducted in Mungindi on advice from a NBAN delegate and Gomeroi Traditional Owner.

Aboriginal people external to government were in control of every aspect of the meeting. An external facilitator, a Wakka Wakka Traditional Owner, was employed to organise the meeting. A local person was nominated to chair the meeting at Mungindi Aboriginal Land Council office, and they employed local caterers to prepare culturally appropriate food.

Prior to the workshop, government staff met with the facilitator, delegate and chair to discuss the agenda and basic meeting protocols, including Welcome to Country and meeting etiquette. Government staff involved in this meeting were experienced and culturally capable.

Attendees expressed their desire to prepare submissions on the draft water plans. The submissions also included water quality matters relevant to the draft healthy waters management plans. Some people wrote their own submissions, but many people preferred to verbally contribute to a group submission, with somebody writing it down for them. The group submission was written on a screen to allow everyone to follow along as it was developed. The final submission was read out to the group to check and confirm. These submissions were accepted as formal submissions on the draft water plans for the government to consider.

39 BOX 8: Boggabilla and Toomelah case study

Boggabilla is located in New South Wales, nine kilometres southeast of Goondiwindi. According to the 2016 census, Boggabilla has a population of 990, of which 56.7 per cent identify as Aboriginal. Toomelah is a town of 205 people, of which 100 per cent identify as Aboriginal. It is situated 18 kilometres south-east of Boggabilla on the Macintyre River.

The majority of the Aboriginal community in Boggabilla and Toomelah identify as Gomeroi (also called Gamiliraay or Kamilaroi) people, while some people identify with the Bigambul Nation, whose traditional lands lie to the north of Boggabilla.

The locations of these meetings in New South Wales reflects the need for flexibility to hold meetings where Traditional Owners advise. It recognises that many nations in the catchments cross administrative borders, and engagement should not be restricted because of this.

The consultation in this area for the water plans began in 2016, with government staff visiting the community to meet people for the first time and build relationships. After a number of formal and informal meetings, the decision was made to use a local Boggabilla-based Aboriginal-owned company to run the consultation in 2018.

Aboriginal people reported that they felt in control of how they were being consulted, and felt empowered to have local people help run the meetings for the government. Local Aboriginal caterers prepared traditional food for the more than 50 people in attendance. One of the highlights was the opportunity to taste a unique local tea made from native plants that grow in the area.

The Aboriginal staff from the Aboriginal-owned company chaired the meeting and explained some complex government processes related to water planning to the attendees, many of whom were hearing about water planning for the first time.

From the meeting, a number of written submissions were completed. One was a group submission from the broader group with many signatories and contributors, while a few people completed individual submissions.

40 Water connections Cyril Logan (1962–2018) played an important role in advising the Queensland Government on how to consult with Aboriginal people. His firm but gentle approach had a real influence on the methodology explained in this report. Staff at DNRME were deeply saddened to hear of his passing. The photos in this report were included with Cyril's consent, and now with the consent of the family and we are thankful to be given the opportunity of acknowledging his work.

41 42 Water connections Chapter 4 overview – Information discussed with Aboriginal people

This chapter summarises the issues raised during the course of engagement workshops and meetings to identify Aboriginal values and uses of water, and objectives and outcomes that Aboriginal people wished to see from the planning process. • Aboriginal people value water for spiritual, cultural, environmental, economic and social purposes, and have an holistic perspective about land, water, natural resources and people that differs from government approaches to the management of natural resources, which often separate water from land, vegetation, wildlife and people. • Water is used to reconnect people to country and foster social wellbeing through family gatherings and storytelling, and waterways have a range of cultural values and uses associated with the traditional lands of the nation or community. • Risks to Aboriginal values and uses of water were identified, such as changes over time to cultural, spiritual, social and environmental values and uses. • Objectives for water management were identified, including better sharing of water, more economic opportunities for Aboriginal people, improved water quality, and more involvement of Aboriginal people in decision-making. • These objectives lead into the desired outcomes for Aboriginal people, including healthy waterways supporting animals and plants, Aboriginal people maintaining their strong connection to country, and traditional ecological knowledge forming part of the water planning process.

43 Information discussed with 4 Aboriginal people

Many issues were raised in the engagement workshops. Information collected is considered the intellectual property of the Aboriginal nations, and to keep this nation-specific information secure, the government have stored it in a protected database. Any use of this information beyond the water planning process will require the consent of the Aboriginal nations.

The information collected from all the meetings was grouped into the following topics: • Aboriginal values and uses of water • risks to these values and uses • objectives of Aboriginal people for water management • outcomes desired by Aboriginal people for water management.

44 Water connections Barunggam Bidjara Wakka Wakka

Bigambul Mandandanji

Values and uses of water Euahlayi Kambuwal Risks Objectives Outcomes Giabel Jarowair

Gomeroi Guwamu/ Kooma Gunggari Githabul

Figure 6 – Aboriginal nations input into water planning process

45 Animals Yellowbelly Murray cod Waterbirds 4.1 Aboriginal values Turtles and uses of water Mussels Yabbies Engagement focused on how water is valued and Witchetty grubs used for spiritual, cultural, environmental, economic Prawns and social purposes. This information has helped the Catfish government understand the wide-ranging ways in Dewfish which Aboriginal people have valued and used water Crabs since before European settlement right up to today. Eel The following pages summarise what we heard about Insects these values and uses.

Figure 7 – Aboriginal values and uses of water

46 Water connections Cultural sites Fish traps Burial grounds Springs Women's business Social values Men's business and uses Middens Recreation Rock wells Swimming Birthing sites Fishing Ceremonial grounds Family gatherings Scar trees Meeting places Hearths Animals Education Social health Yellowbelly Overarching cultural and Mental health Murray cod Physical health Waterbirds spiritual values Turtles Connection to country Mussels Spiritual links Participation Yabbies Ancestral links Decision-making Witchetty grubs Family and identity Responsibilities Prawns Spiritual health and healing Training Catfish Songlines Education Dewfish Governance Crabs Ceremonial Eel Custodial Insects Health and wellbeing Land and water Economic values Physical access and uses Traditional diet Employment Plants Totems Water entitlements River red gums Water use Bulrushes Water trade Riparian vegetation Cultural water assets Cultural flows Fishing Bush tucker Waterholes Floodplain vegetation Rivers Lime trees Creeks Bumbletrees Wetlends Wildflowers Springs Reeds Connectivity Lomandra Natural flows Clean water Billabong

47 4.1.1 Overarching cultural and spiritual values

Many Aboriginal people in consultation referred to the holistic perspective they hold about land, water, natural resources and people. This frames their view of the world and differs from government approaches to the management of natural resources, which often separates water from land, vegetation, wildlife and people. Aboriginal people expressed their view that water is not only ... fundamental everything is interconnected and that they are for survival, but an indivisible, connected as one with the land and waters of interwoven and central element their traditional lands. of cultural and spiritual life ... vital to the wellbeing of every Aboriginal people’s connection to land and living thing—people, animals, water is often described through the concept of plants, earth and air.1 ‘Country’, which remains central to the identity and cultural authority of Aboriginal people. It refers to the traditional areas or estates of Aboriginal nations, which extend beyond geography to include aspects of identity, home, culture, livelihoods and spirituality. ‘Connection to Country’ refers to complex layers of meaning associated with traditional lands and waters, identity and belonging, and has associated spiritual, social, cultural, environmental and economic elements (Smyth 2011).

4.1.2 Participation

Many Aboriginal people feel left out of decisions about how water resources are managed. Many people indicated the importance of their role as custodians of the land and water of their traditional country. If Country is often related to the sense the system is degraded, Aboriginal people, as of spiritual healing and connection custodians, feel that they bear some of the that people feel when on country.2 responsibility for the degraded condition and need to be involved in returning it to health. For instance, Traditional Owners in the upper reaches of the Condamine feel a sense of responsibility for ensuring that the water flowing to downstream nations on the Condamine is of good quantity and quality.

Participation in the management of water resources is important for many Aboriginal stakeholders. This can be through greater involvement in decision- making processes, formal roles on decision-making bodies, increased responsibility for ‘caring for country’, and two-way education and learning in environment-related fields such as weed and pest management.

1 Constable, J. and Love, K. 2015. Aboriginal water values Maranoa-Balonne-Condamine subregion (Qld), a report for the Bioregional Assessment Programme 2 Smyth, D. 2011. Guidelines for Country-based Planning

48 Water connections BOX 9: Considering views on native title rights and claims and Indigenous land use agreements

Native title is the recognition by Australian law that Aboriginal people have rights and interests to their land that come from their traditional laws and customs. By November 2018, there were six native title claims and 11 native title determinations in the Condamine and Balonne catchment, covering approximately 49 341 square kilometres; and two native title claims and three native title determinations in the Moonie and Border Rivers catchments, covering approximately 10 873 square kilometres. Some of these claims cover multiple catchments (NNTT 2018a).

The federal Native Title Act 1993 provides for Indigenous land use agreements (ILUAs) between native title holders or claimants and other interested parties about how land and/or water in a particular area will be used and managed in the future. By January 2018, there were 19 ILUAs in the Condamine and Balonne catchment, and 14 ILUAs in the Moonie and Border Rivers catchments (NNTT 2018b).

The views of people regarding native title rights and claims varied in the engagement process. Representatives from areas where native title determinations have been made pointed to the need for the government to consult with the native title prescribed body corporates (PBCs) as part of our engagement. Steered by the advice of the representatives, the government contacted the PBCs where relevant and meetings were held when possible. The government made every effort, whenever feasible, to contact and engage with PBCs as part of the engagement process and to consider the views of the PBCs in relation to cultural values, uses, objectives and outcomes, as well as the water planning process.

In some native title determination areas, participants indicated that work was underway to prepare strategic plans, such as economic development plans, and that the outcomes in water plans and healthy waters management plans could provide an input into these plans. The government responded that the plan implementation phase could apply to these situations, and that further engagement with groups would be needed once water plans are finalised.

Views varied as to whether the information gathered as input into the water plans could form part of a native title claim process. The government determined that this was up to the specific nation or group to decide, as the information that was gathered is considered the intellectual property of the groups themselves.

ILUAs were raised in a couple of engagement meetings, with participants noting that their groups had ILUAs in place. There were no specific requests for this information to be captured or considered within water plans or healthy waters management plans.

49 4.1.3 Economic values and uses

The value and use of water to generate economic benefit for Aboriginal people was raised by all nations in the consultation. In particular, the ownership, use and management of water entitlements for economic purposes was paramount. Also, many expressed interest in employment for Aboriginal people in water management (and Water is life—it’s part of the related fields), particularly as opportunities for beginning, part of the past, younger generations. present, and future. It’s part of our dreaming, story time. The other main economic value raised was Without water there is nothing. the additional income gained through the selling of fish, other animals and plants. A Sjaan Farrar, Wakka Wakka Nation number of people described waterways as a ‘supermarket’ from which goods could be sold and traded. Catching fish for food reduces the cost of buying food from elsewhere. However, some raised concerns about the depleted state of the ‘supermarket’ today compared to what they remember from childhood and what was experienced by earlier generations.

BOX 10: Other studies

The importance of Aboriginal participation in water management is supported in other studies. Constable and Love (2015) state that ‘as custodians of water resources on country, Aboriginal people have a significant interest in the way water is shared and used on country, and an important role in monitoring potential impacts of activities that may affect water quality and/or the health of flora and fauna that rely on specific water resources’. Jackson and Langton (2012) state that Aboriginal people have a large stake in water resource management due to their customary systems of resource management and governance.

50 Water connections 4.1.4 Social values and uses

The social values and uses of water were strongly conveyed by many people, highlighting the priority many Aboriginal people put on family and community. Important aspects of this are the potential for water to be used in reconnecting people to country and in fostering social wellbeing through family gatherings and storytelling. The power of the waterways in passing on stories to younger generations was often raised.

The reliance on waterways for social activities such as swimming, fishing and camping shows the close connection that is felt by many Aboriginal people.

4.1.5 Animals and plants

In the discussions, Aboriginal people identified animal and plant species that were valued and used for a range of purposes. Many species were identified numerous times across all Aboriginal nations in the catchment area. A key example was yellowbelly, which holds cultural and spiritual value, for example, as a spiritual totem (see Figure 8). The fish also holds important social, environmental, health, livelihood and economic values.

4.1.6 Cultural water assets

Rivers, lakes, wetlands, waterholes, springs and creeks are highly significant to Aboriginal people. Waterways have a range of cultural values and uses associated with the traditional lands of the nation or community, and many nations identified specific locations along the waterways that were highly valued. To respect the culturally sensitivity of some places, participants requested that their exact locations and details not be made public.

The important link between waterways and ‘Mundagatta’ — the Rainbow Serpent — was often discussed. Many stories connect major waterways or aquifers to spiritual pathways associated with Mundagatta, and this highlights the need to preserve connectivity through the landscape to maintain these spiritual pathways. Waterways were also often described as the lifeblood of the landscape, and compared to the bloodstream in the human body. This description was carried further through the impacts of dams, weirs and reduced flows in the system being similar to blood clots having health effects on people.

51 Figure 8 – Yellowbelly as an example of a species holding a range of values and uses

Yellowbelly is an important cultural value associated with spiritual totems, ceremonies, Yellowbelly is important storytelling to everyday life, such and hunting as fishing, cooking, family gatherings and Fishing for yellowbelly education has emotional and social benefits by contributing to wellbeing and health

Yellowbelly has an Yellowbelly has a environmental value and livelihood and economic is used as an indicator of value associated with the health of the system additional income

52 Water connections BOX 11: Cultural flows

‘Cultural flows’ have been defined by the NBAN and the Murray Lower Darling Rivers Indigenous Nations as:

water entitlements that are legally and beneficially owned by the Indigenous nations and are of sufficient and adequate quantity to improve the spiritual, cultural, environmental, social and economic conditions of those Indigenous nations. This is our inherent right. (MLDRIN, NBAN and NAILSMA 2018d)

Cultural flows are considered along with other water values to help translate the relationship that local Aboriginal people have with water into the language of water planning and management. The Murray–Darling Basin Authority states that providing cultural flows can benefit local Aboriginal people by enabling them to care for their country and undertake cultural activities. Providing cultural flows is also an important and respectful acknowledgement of Aboriginal culture, traditional knowledge and spiritual attachment to place.

Views of Aboriginal people in relation to cultural flows were expressed throughout engagement. Many people raised the importance of Aboriginal people owning and having control over their own water entitlements. This means that Aboriginal people should have the control over the water for whatever purpose they choose.

A range of purposes for cultural flows was raised during nation workshops, public submissions on the draft plan and other meetings: • using water as part of a business or economic venture, such as for , a bush tucker nursery or aquaculture • providing water to an important cultural or ceremonial site • using water for recreational activities, such as fishing or swimming, that enabled a stronger connection to water for social and cultural reasons • using the water to provide environmental benefits to a particular waterway • working with environmental water holders to coordinate the use of water held by Aboriginal people for environmental and cultural purposes • using the water for help improve the overall health of the system, recognising the strong link between the health of the land and water to the health and wellbeing of people, physically, mentally and spiritually.

53 BOX 11 Cultural flows continued Views on cultural flows and how they might be used were considered during the development of draft plans, as well as in the finalisation of the plans following submissions.

For example, the change between the draft and final plans to repurpose unallocated water reserves reflects the desire for a dedicated reserve for Aboriginal people. These reserves can be considered a type of cultural flow that, once granted during the implementation of the plan, could be used by the water entitlement holder for a range of purposes.

More work is needed to understand the concept of cultural flows and how it applies to the Queensland water planning framework, particularly in light of recent research from the National Cultural Flows Research Project (MLDRIN, NBAN and NAILSMA 2018a-d). The government is committed to working with Aboriginal people in the future to seek a common understanding, and to look for opportunities to incorporate cultural flows in the way that water is managed and planned for in the future.

54 Water connections BOX 12: National Cultural Flows Research Project

The National Cultural Flows Research Project was finalised in 2018 (MLDRIN, NBAN and NAILSMA 2018a-d). This project aimed to secure a future where Aboriginal water allocations are embedded within 's water planning and management regimes, to deliver cultural, spiritual and social benefits, as well as environmental and economic benefits, to communities in the Murray–Darling Basin and beyond.

There were eight components to the research project that serve to build a platform for further engagement with Aboriginal people in water management. These components covered issues such as: • a description of Indigenous cultural values and needs across Australia • methodologies to describe and measure cultural water uses, values and needs of particular Australian Indigenous communities • quantification of water volumes to meet cultural values and needs, and scientific assessment of trial flows • a monitoring methodology of the ecological and socio-economic, health and wellbeing outcomes of cultural flows, and analysis of how they compare with environmental flow outcomes • policy, legal and institutional recommendations that will enable the implementation of cultural flows for the economic, social and cultural benefit of Indigenous communities • capacity building of Indigenous communities to articulate their water needs and advocate for cultural water allocations for the economic, social and cultural benefit of Indigenous communities. The Queensland Government was a member of the research committee for the project from 2015. We recognise the importance of cultural flows, and are committed to working further with Aboriginal stakeholders to understand cultural flows and how these may relate to the state water planning framework.

For more information on cultural flows, visit www.culturalflows.com.au.

55 4.1.7 Cultural sites

Aboriginal people often referred to culturally important sites across the catchments, including burial grounds, scar trees, secret men’s and women’s business, birthing sites, grinding stones, canoe trees, middens, hearths, rock wells, fish traps, springs and ceremonial grounds. These sites included many that are registered as Aboriginal heritage under the Queensland Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Wetlands are important. They are Heritage Act 2003. The main purpose of breeding grounds for fish, and feeding the Acts is to provide effective recognition, areas for water birds. Sometimes the protection and conservation of Aboriginal elders would tell us not to fish from the cultural heritage and Torres Strait Islander river at certain times of the year, and so cultural heritage. during those times we took food from the The Acts define Aboriginal cultural heritage wetlands, such as ducks and waterbirds. or Torres Strait Islander cultural heritage Sam Bonner, Githabul Nation as anything that is a significant Aboriginal area or Torres Strait Islander area in Queensland, or a significant Aboriginal object or Torres Strait Islander object in Queensland, or evidence of archaeological or historic significance of Aboriginal occupation or Torres Strait Islander occupation of an area of Queensland.

An area or object is significant because of either or both of the following: • Aboriginal tradition or Torres Strait Islander tradition • the history, including contemporary history, of any Aboriginal party or Torres Strait Islander party for the area. The Acts provide blanket protection of areas and objects of traditional, customary and archaeological significance. The Acts also recognise the key role of Traditional Owners in cultural heritage matters, and establish practical and flexible processes for efficiently dealing with cultural heritage.

Participants repeatedly expressed the desire to protect these locations from further degradation from such things as decreased flows and poor water quality. Consideration of this desire was given in the development of the water plans, particularly around how the plan outcomes were developed.

There was general consensus across all nation groups to not identify or publish many of the culturally significant sites, including those registered as Aboriginal Heritage. The government followed the advice of the participants to not include specific locations or other information on culturally significant sites in published material linked to water plans.

56 Water connections 4.2 Linking Aboriginal values and uses with ecological values and uses Water planning is also supported by studies that identify water-related ecological values and uses — these are called ‘ecological assets’. Ecological assets are chosen to represent the range of flow types, from low flows during dry times to floods that flow over the banks of rivers and onto the floodplains.

Ecological assets relevant to the Queensland Murray–Darling Basin are: • yellowbelly (golden perch) • eastern snake-necked turtles • refuge waterholes • floodplain wetlands • breeding of waterbirds. The ecological studies determine what flows are required to support the assets, based on best available science (DES 2018a-f).

A number of values and uses identified by Aboriginal people can be linked to ecological assets. Where these links can be made, the water plans and healthy waters management plans can work to achieve shared outcomes or benefits. Table 1 shows some of these links.

There needs to be further investigation into these links, as well as into the differences between Aboriginal values and uses and ecological assets. This is a key area for continued discussion with Aboriginal people and ecological scientists.

57 Table 1 – Links between Aboriginal values and uses and ecological assets and functions

Aboriginal Ecological asset Flow type Catchment value and linked to flow use

Yellowbelly Golden perch Medium flows Condamine–Balonne

All fish Stable flow spawning fish: Low flows Condamine–Balonne

• Agassiz’s glassfish Border Rivers and Moonie • purple-spotted gudgeon • rainbowfish • carp gudgeons

Waterholes and Refuge waterholes No flow and low flows Moonie billabongs Macintyre River billabongs Medium and high flows Condamine–Balonne

Border Rivers

Rivers Fluvial geomorphology and river- High flows Condamine–Balonne forming processes Border Rivers and Moonie

Wetlands Floodplain wetlands High flows and overbank flows Condamine–Balonne

Border Rivers and Moonie

Turtles Eastern snake-necked turtle No flows and overbank flows Condamine–Balonne

Border Rivers and Moonie

Waterbirds Bird breeding in Narran Lakes High flows Condamine–Balonne

Ecosystems Flow-dependent ecosystems Mean annual flow Condamine–Balonne

Border Rivers and Moonie

58 Water connections 4.3 Risks to Aboriginal values and uses of water In our meetings, we discussed risks to Aboriginal values and uses of water. Risks include changes over time to cultural, spiritual, social and environmental values and uses. Many people raised concerns about the changes in the river systems over their lifetimes. For example, flows decreased while pollution and sediment increased, reducing the numbers of important fish, birds, other animals and plants.

These risks have been included in the risk assessment prepared as part of the water planning process (DNRME 2018d and i). They were considered alongside the risks to the environment, risks to surface and groundwater users, risks to water quality and future risks.

To comply with the Basin Plan 2012, risk management strategies must be identified for each medium and high risk. These strategies are included in risk management reports that have been prepared for each plan area (DNRME 2019e and j).

Table 2 – Risks to values and uses

Risks to Aboriginal values and uses of water

Less water for Aboriginal people from increased water use, dams and weirs

Less water for Aboriginal people due to climate change

Lack of access to waterways

Lack of a role for Aboriginal people in planning, managing and decision-making

Poor quality of water due to sediment

Poor quality of water due to nutrients

Poor health and wellbeing of Aboriginal people due to unhealthy aquatic ecosystems from pest species

Impacts on important cultural sites due to land and water management activities

59 4.4 Objectives of Aboriginal people for water management We also discussed how Aboriginal people would like water to be used and managed — these are the objectives. Many of the objectives identified relate to values and uses of water.

Table 3 – Objectives of Aboriginal people for water management

Objectives of Aboriginal people for water management Overarching Participation Economic Social Animals Plants Assets Sites

More numbers and better health of animals and plants More water for the environment

Better sharing of water between other users and Aboriginal people More economic opportunities for the ownership, use and trade of water entitlements More natural flows and connectivity throughout the system Improved water quality

Protection of riparian zones, floodplains, waterways, springs, animals, plants, waterholes and cultural sites for future generations Improved access to waterways

More involvement of Aboriginal people in decision-making for and management of waterways Improved and continuous consultation, and participation of Aboriginal people in the water planning process Improved capacity building and education of Aboriginal people and government Use of traditional knowledge of the river systems together with scientific assessments

60 Water connections 4.5 Outcomes desired by Aboriginal people for water management Outcomes are the results of achieving objectives. In our meetings, we discussed this as how Aboriginal people would like to see the river systems in the future, say in five or 10 years. We also talked about what it would mean people and their families if these outcomes could be achieved.

Table 4 – Outcomes desired by Aboriginal people for water management

Outcomes of Aboriginal people for water management Overarching Participation Economic Social Animals Plants Assets Sites

A healthy system supports populations of animals and plants

Rivers, creeks, lakes, floodplains, wetlands and springs are clean, connected and flowing

Aboriginal people can use waterways for cultural, social, environmental, spiritual and economic purposes

Aboriginal people have a stronger connection to country

Waterways are being accessed for swimming, fishing, storytelling, family gatherings and education

Aboriginal people have a seat at the table for decisions on how water is managed and shared

Aboriginal people have the capacity to be part of and are fully informed about water planning

Traditional ecological knowledge is used as part of the water planning process

61 4.6 The link between values and uses, risks, objectives and outcomes Yellowbelly was identified as important to Aboriginal values and uses of water. The figure below shows the link between yellowbelly’s value and use and Aboriginal people’s risks, objectives and outcomes for water management. Similar relationships can be seen for many other values and uses identified by Aboriginal people.

Figure 9 – Link between the yellowbelly’s value and use and Aboriginal people’s risks, objectives and outcomes for water management

Yellowbelly are valued and used by Aboriginal people for spiritual, cultural, Yellowbelly are at risk social, environmental and from reduced flows economic purposes and poor water quality across the Condamine– Balonne

An objective of An outcome of Aboriginal people is to Aboriginal people is restore the numbers a healthy system that of yellowbelly supports a sustainable throughout the population of Condamine–Balonne yellowbelly

62 Water connections 63 64 Water connections Chapter 5 overview – How the plans were developed

This chapter summarises the steps involved in developing the plans, and how the plans incorporate the values, objectives and outcomes for Aboriginal people. • The development of these water plans and healthy waters management plans included workshops with Aboriginal nations to identify the cultural values and uses of water, risks to those values and uses, and the objectives and outcomes that Aboriginal people have for the management of water • Information gathered in the workshops fed into and influenced inputs into the draft water plans and healthy waters management plans. • Each objective and outcome for water management raised in the workshops with Aboriginal nations was looked at to see if they could be dealt with in the draft water plan or the draft healthy water management plan. • The draft Condamine-Balonne and Border Rivers and Moonie plans included three outcomes that were proposed to represent the objectives and outcomes raised by Aboriginal people in the workshops, and the draft plans were released for further public submissions. • As a result of submissions, further changes were made between the draft plan and final plan.

65 5 How the plans were developed

Figure 10 – Process for considering input from Aboriginal people into the water planning process

Submissions on the Risk assessment draft water plans Environmental process and healthy waters assessment Identifies risks to the management plans Gathers information on key environment, water users, ecological assets and what Provide stakeholders with Aboriginal values and uses, water they require the opportunity to provide water quality and future feedback on the draft plans management of water

Workshops with Aboriginal Nations Identify cultural values and uses of water, risks to those values and uses, and objectives and outcomes Final water plans Draft plans and healthy waters Water plan and healthy management plan waters management plan Statement of proposals Government considers the for each catchment area submissions received and Identifies key water released with a guide makes final changes to the management issues and to the draft plans for plans begins the community’s Aboriginal stakeholders opportunity for input to development of the plan

Evaluation and implementation 5 year review and adaptive management through continued engagement

66 Water connections 5.1 Developing the draft plans Information gathered in workshops on Aboriginal values and uses of water, the risks to those values and uses, and the objectives and outcomes for water management formed an important part of the development for water plans and healthy waters management plans. In most instances, this was the first attempt to include cultural views of the waterways and what is important to Aboriginal people in the plans.

Information gathered in the workshops informed and influenced the draft water plans and draft healthy waters management plans. All risks to values and uses of water raised in the workshops were consolidated and captured in the overall risk assessment for the two plan areas. These risk assessments also listed all risks to the environment, surface water and groundwater users, and water quality, as well as future risks (DNRME 2019d) (DNRME, 2019i).

67 5.1.1 Can a plan deal with the objectives and outcomes raised by Aboriginal people?

Each objective and outcome for water management raised in the workshops with Aboriginal nations was looked at to see if they could be dealt with in the draft water plan or the draft healthy water management plan, as the table below shows.

Table 5 – Aboriginal objectives and outcomes and how they can be dealt with in water plans and healthy waters management plans

Aboriginal objectives Addressed in water plan? Addressed in healthy from consultation waters management plan?

More numbers and better health of animals Yes—to the extent that numbers and Yes—water quality targets included to and plants health are related to river flows and protect a range of values and uses groundwater availability

More water for the environment Yes—in combination with the federal Not applicable water buyback

Better sharing of water between other users Yes—in combination with building Not applicable and Aboriginal people capacity to enter the water market

More economic opportunities for the Yes—through unallocated water Not applicable ownership, use and trade of water redistributed for Aboriginal entitlements purposes and in combination with building capacity to enter the water market

More natural flows and connectivity Yes—in combination with the federal Yes—through highlighting the throughout the system water buyback importance of stream connectivity for many environmental outcomes

Improved water quality Yes—through the outcome related Yes—water quality targets included to to water quality protect a range of values and uses and management responses to address risks to water quality

Protection of riparian zones, floodplains, Yes—to the extent that these Yes—to the extent that these aspects are waterways, springs, animals, plants, aspects are related to river flows related to water quality. All waterholes waterholes and cultural sites for future and groundwater availability are mapped as high ecological value level generations of protection. Targets are included for extent, groundcover in grazing lands, riparian areas and water quality indicators.

68 Water connections Aboriginal outcomes Addressed in water plan? Addressed in healthy from consultation waters management plan?

Improved access to waterways Not applicable Not applicable

More involvement of Aboriginal people Yes—through promoting community Yes—through creating awareness of in decision-making and management of understanding opportunities for Aboriginal people in waterways natural resource management

Improved and continuous consultation, and Yes—through promoting community Yes—through joint consultation participation of Aboriginal people in the understanding opportunities on water panning matters water planning process

Improved capacity building and education of Yes—through promoting community Yes—through the implementation of Aboriginal people and government understanding Aboriginal Waterways Assessments where funding opportunities have been identified

Use of traditional knowledge of the river Yes—through promoting community Yes—through the use of the Aboriginal systems together with scientific assessments understanding Waterways Assessments water quality matrix

Outcomes

A healthy system supports populations of Yes—to the extent that numbers and Yes—water quality targets included to animals and plants health are related to river flows and protect a range of values and uses groundwater availability

Rivers, creeks, lakes, floodplains, wetlands Yes—in combination with the federal Yes—water quality targets included to and springs are clean, connected and flowing water buyback protect a range of values and uses and through highlighting the importance of stream connectivity for many environmental outcomes. Management responses to address risks to water quality are also included

Aboriginal people can use waterways for Yes—to the extent that this Yes—the cultural, spiritual and cultural, social, environmental, spiritual and use is related to river flows and ceremonial environmental value applies economic purposes groundwater availability to all surface water and groundwater

Aboriginal people have a stronger connection Yes—to the extent that this Yes—through the implementation of to country is related to river flows and Aboriginal Waterways Assessments groundwater availability where funding opportunities have been identified

69 Aboriginal outcomes Addressed in water plan? Addressed in healthy from consultation waters management plan?

Waterways are being accessed for swimming, Not applicable Not applicable fishing, storytelling, family gatherings and education

Aboriginal people have a seat at the table Yes—through promoting community Not applicable for decisions on how water is managed and understanding shared

Aboriginal people have the capacity to be Yes—through promoting community Yes—through the implementation of part of and are fully informed about water understanding Aboriginal Waterways Assessments planning where funding opportunities have been identified, as well as joint consultation opportunities on water planning matters

Traditional ecological knowledge is used as Yes—through promoting community Yes—through the implementation of part of the water planning process understanding Aboriginal Waterways Assessments where funding opportunities have been identified

70 Water connections 5.2 Draft plan outcomes A water plan outcome is what we want the plan to achieve over its 10-year life. Plans have general, social, environmental, economic and cultural outcomes.

Plans need to show how each outcome is to be achieved, for example, through strategies, rules or actions. Measures3 can also be used in the plan — these are endpoints for how specific water plan outcomes may be achieved.

The government developed the outcomes for the draft water plans by considering and balancing a number of environmental, cultural, social and economic aspects and risks, including those identified in our meetings with Aboriginal nations.

For the first time in the Condamine-Balonne and Border Rivers and Moonie draft plans, there were three outcomes that attempted to represent the objectives and outcomes raised by Aboriginal people in the workshops. Each outcome is supported by a measure, which shows how the outcome will be achieved.

BOX 13: Plan basics

Outcomes of a water plan state what the government and community want to achieve.

Strategies, flow objectives and rules are the ways we aim to achieve the outcomes.

Measures guide how specific outcomes may be achieved and measured.

Note: The use of the term ‘measure’ here is Queensland water planning terminology which is separate to the ‘measures’ required to be included in the Water Quality Management Plan under the Basin Plan. 71 Table 6 shows the three outcomes and measures included in the draft plans that resulted from the input of Aboriginal people from the nations in the catchments.

Table 6 – Draft plan outcomes and measures

Draft plan outcomes Draft plan measures for each outcome

General outcome: Promote improved understanding of The publishing by the chief executive, within five the water required for social, spiritual and cultural uses years of the commencement, of a report on the flow of water by Aboriginal people requirements to support cultural values and uses, informed by engagement with Aboriginal people

Cultural outcome: To make water to which this plan The establishment by the chief executive, within applies available to support the economic and social two years of the commencement, of a process for aspirations of Aboriginal people the granting of water entitlements for the taking of unallocated water reserved under this plan

Cultural outcome: To maintain flows of water to which The publishing by the chief executive, within five this plan applies that support the water-related cultural, years of the commencement, of a report on the flow spiritual and social values of water Aboriginal people requirements to support cultural values and uses, informed by engagement with Aboriginal people

5.3 Public submissions on the draft plans The government released the draft plans, draft healthy waters management plans and supporting documents for public submissions in April 2018. There was a seven-week public consultation period that ended on 1 June 2018. As part of this consultation, we set up a series of workshops with the Aboriginal nations in the Queensland Murray–Darling Basin.

We received 159 submissions from people representing the Aboriginal nations across both plan areas — 93 submissions from the Border Rivers and Moonie, and 87 from the Condamine and Balonne.4 Aboriginal submissions represented over one-third of the total submissions received. This is the highest ever number of submissions by Aboriginal people for any water planning process in Queensland.

Note: some submissions were submitted under both plans (therefore have been counted in each plan separately).

72 Water connections 5.3.1 What people told us

The main topics for submissions are summarised in the figures below.

Figure 11 – Main topics of submissions from Aboriginal people in Border Rivers and Moonie Border Rivers and Moonie Topics mentioned in submissions (%)

88 81 75 69 55 52

Unallocated Aboriginal Consultation Compliance Maintaining Improved water ranger process and issues flows understanding programs engagement of cultural requirements

Figure 12 – Main topics of submissions from Aboriginal people in Border Rivers and Moonie Border Rivers and Moonie Topics mentioned in submissions (%)

92 86 72 73 60 39

Unallocated Aboriginal Consultation Compliance Maintaining Improved water ranger process and issues flows understanding programs engagement of cultural requirements

73 The submissions showed there was general support for the outcomes in the draft plans. However, many submissions noted a need to ensure engagement continues over the longer term, and that Aboriginal people have more involvement in decision-making in the future. Related to this was the desire to have regular reports on the progress against the outcomes over the life of the plan.

Submissions also pointed to the need to improve our understanding of the cultural requirements of water. Understanding and incorporating local knowledge was considered an important part of the ongoing management of water resources.

Submissions and feedback noted the importance of accessing a reserve of water specifically dedicated to Aboriginal people. In other words, the reserves of unallocated water should not be shared with the larger community as the draft plans presented.

A number of submissions pointed to the need for the plans to protect the flows that are important to the environment, and to ensure no further damage occurs. Related to this was the need to have better compliance and enforcement around the take of water for farming activities.

Many issues brought up throughout the engagement and the submissions fall outside the scope of water plans and healthy waters management plans, as explained in Chapter 7.

5.3.2 How engagement and submissions changed the final plans

Once the submission period closed in June 2018, the government analysed all the submissions made by the public, including by Aboriginal people. The consultation reports have been prepared as part of the state water planning process to summarise how submissions were analysed (DNRME 2019a and k). In addition, consultation on water quality matters is summarised in the healthy waters management plans (DES 2019a-c).

The final plans were changed as a result of the submissions by Aboriginal people. Boxes 14 and 15 show the two key changes to the draft water plans.

Many submissions indicated support for the outcomes and measures in the draft plans. However, as a result of the submissions received, there have been changes to a range of documents that together form a water planning package. The Condamine–Balonne and Border Rivers and Moonie water plans are legislation under the Queensland Water Act 2000. This means that the changes made to the water plans as a result of Aboriginal people’s involvement are now law.

74 Water connections The healthy waters management plans are not subordinate legislation under the Environmental Protection Act 1994, however the environmental values and water quality objectives (targets) will be included in legislation under the Environmental Protection (Water) Policy 2009 to inform statutory based planning and decision making. Box 16 shows one key change that was made to the healthy waters management plans as a result of submissions.

BOX 14: Key change 1 to water plans: Values and uses

The changes between draft plan and final plan were: • Environmental and economic uses were added to the general outcome on promoting improved understanding of water to reflect the full range of values and uses of water important to Aboriginal people. • Environmental values were also added to the cultural outcome on maintaining flows that support water-related values of water of Aboriginal people. These changes reflect that social, cultural, environmental, economic and spiritual values and uses of water are important to Aboriginal people. The change will improve our understanding of Aboriginal water needs and allow us to better manage water in the catchments.

This change is also consistent with the concept of ‘cultural flows’, defined as water entitlements owned by Aboriginal people that are of sufficient and adequate quantity to improve the spiritual, cultural, environmental, social and economic conditions of Aboriginal people (see Boxes 11 and 12).

75 BOX 15: Key change 2 to water plans: Unallocated water

The draft plan proposed that unallocated water could be shared between Aboriginal people and the community. We heard from Aboriginal people that there is a strong desire to have Aboriginal reserves independent of any other reserves. A clear message was that it should not be shared with the broader community. As a result of this feedback, ‘community’ was removed in the water management protocol as a purpose for these reserves, with ‘Aboriginal’ as the sole purpose.

The outcome and measure related to unallocated water has been moved from the cultural section of the water plans to the economic section. This is in recognition of the strong economic aspirations that emerged from consultation with Aboriginal people.

The measure for this outcome commits to establishing a process for granting water entitlements from unallocated water reserves in the final plans. The measure specifies that a process for granting entitlements will be established within 2 years in the Condamine and Balonne plan area and Stanthorpe Water Management Area in the Border Rivers and Moonie plan area.

The release process for unallocated water in the Stanthorpe Water Management Area has been prioritised due to high demand for water in general in this area.

BOX 16: Key change to healthy waters management plans

As the healthy waters management plans were finalised, attention was given to reducing duplication between these plans and this Water Connections report where possible. This was to improve the readability of these documents and establish the Water Connections report as the key document explaining how Basin Plan provisions were met. Information that is directly relevant to a healthy waters management plan has been retained in the three healthy water management plans.

76 Water connections 77 78 Water connections Chapter 6 overview – Final water plans

This chapter details the outcomes and measures included in the final plans to acknowledge and embed the environmental, cultural, social and economic values and uses of water by Aboriginal people. • Three outcomes were included to specifically capture the desire of many Aboriginal people to have a say in how water resources are managed. • These include continue engagement between the Queensland Government and Aboriginal nations; make water available that can be used by Aboriginal people for social and economic benefit; and reflect the desire of Aboriginal people to protect animals, plants and waterways that they value and use. • Each of these outcomes is supported by specific measures to ensure they are achieved. • There is now recognition that Aboriginal people have thousands of years of knowledge and practice regarding water management that have not been previously included in water management. • Aboriginal people’s voices are now reflected in these plans, and will be into the future.

79 Final Condamine and Balonne and 6 Border Rivers and Moonie water plans

The plans commit to: • protect flows important to Aboriginal people • continue engagement and improve understanding • set aside water for Aboriginal people to be able to use. Water planning is about finding a balance between the different values and uses of the waterways. This includes environmental, cultural, social and economic values and uses across the whole community who live and work in the catchments. In ‘boom and bust’ systems where a lot of water is taken out for human activities such as irrigation, trade-offs are inevitable. We need to find the most sustainable balance between these often competing values and uses so that water will be available for future generations.

There is now recognition that Aboriginal people have thousands of years of knowledge and practice regarding water management that have not been included within this broader legislative framework. Aboriginal people’s voices are now reflected in these plans, and we want to continue engaging with Aboriginal people into the future to build on our knowledge and understanding of cultural values and uses of water to strike the balance of water for all users.

80 Water connections 6.1 Final plan outcomes

Table 7 – Final plan outcomes and measures

Final plan outcomes Final plan measures for each outcome

General outcome: Promote improved The publishing by the chief executive, within five years of the understanding of the water required commencement, of a report on the flow requirements to support cultural for environmental, economic, social, values and uses, informed by engagement with Aboriginal people spiritual and cultural uses of water by Aboriginal people (Gen3 in Appendix D)

Economic outcome: To make water The establishment by the chief executive, within two years of the to which this plan applies available commencement, of a process for the granting of water entitlements for to support the economic and social the taking of unallocated water reserved under the plan (Note: For the aspirations of Aboriginal people Border Rivers and Moonie plan this only applies to the reserve in the (Econ1 in Appendix D) Stanthorpe Water Management Area) Monitoring, evaluation and reporting strategy to support assessment of effectiveness of plans and implementation to be developed by 1 July 2020

Cultural outcome: To maintain flows The publishing by the chief executive, within five years of the of water to which this plan applies commencement, of a report on the flow requirements to support cultural that support the water-related values and uses, informed by engagement with Aboriginal people environmental, cultural, spiritual and social values of Aboriginal people (Cult1 in Appendix D)

81 Figure 13 – How a water plan works

Water plan measures Guide how specific outcomes may be achieved and measured Track progress Water plan outcome Minister’s report after 5 years What we want to achieve Plan review after 10 years Strategies, flow objectives and rules Adaptive management Ways in which the plan achieves the outcomes Flow objectives limit future water management decisions from impacting on flows Rules are set on such things as water use or dam operation

6.1.1 Ou tcome 1: Promote improved understanding of the water required for environmental, economic, social, spiritual and cultural uses of water by Aboriginal people

This outcome (Figure 14) is designed to capture the desire of many Aboriginal people to: • participate in and have a say in how water resources are managed • continue engagement between the Queensland Government and Aboriginal nations • build the capacity of Aboriginal people and the Queensland Government around cultural values and water planning. This outcome also deals with promoting community understanding of the flow- related and groundwater-dependent health of ecosystems, the specific flow requirements of ecosystems, water required to deliver social and economic benefits to communities, and the impact of climate change on water requirements.

82 Water connections Measure – Report within five years on flow requirements to support values and uses of water of Aboriginal peoples

The measure to help achieve this outcome states that a report on the flow requirements to support cultural values and uses, informed by engagement with Aboriginal people, is to be published within five years of the plan’s commencement. The measure is designed to continue engagement with Aboriginal people, and to capture the information from this engagement and any related studies to ensure that understanding is promoted. This allows a deeper understanding to be developed of what water is required to maintain or improve cultural values and uses. Information from related Aboriginal Waterways Assessments, use and occupancy mapping and other studies can potentially be used to inform this measure.

83 Figure 14 – Water Plan Outcome 1

Water plan measure To improve community understanding, a report must be published within 5 years on the flow requirements to support cultural values and uses, such as yellowbelly, informed by engagement with Water plan outcome Aboriginal people Promote community understanding relating to the social, spiritual, economic, environmental and cultural uses of water by Other work Aboriginal peoples A number of Aboriginal Waterways Assessments (AWAs) are planned for the Queensland Murray–Darling Basin in 2018; these will assess the cultural health of the river systems Working on Country Indigenous Ranger programs and the Queensland Land and Sea Ranger programs continue under the Department of Environment and Science

84 Water connections 6.1.2 Ou tcome 2: Make water to which this plan applies available to support the economic and social aspirations of Aboriginal people

This outcome (Figure 15) is to make water available that can be used by Aboriginal people for social and economic benefit.

Unallocated water is reserved under water plans for future use. If unallocated water is turned into a water entitlement and used, this will not impact environmental or cultural values or other people’s entitlements (we have determined this through our hydrologic and environmental models).

Unallocated water is available in the Condamine–Balonne, Border Rivers + Moonie plan areas, and a proportion of this water is specifically for Aboriginal people. These are provided for in the water management protocols for each of the plan areas (DNRME 2019b and g).

The reserves of unallocated water for Aboriginal people in the plan areas are shown below, with details of the volumes and areas where this water is available. This water will only be able to be accessed by Aboriginal people, and it can be used for any purpose. The measure for this outcome commits to establishing a process for granting water entitlements from unallocated water reserves in the final plans. The measure specifies that a process for granting entitlements will be established within 2 years in the Condamine and Balonne plan area and Stanthorpe Water Management Area in the Border Rivers and Moonie plan area. The release process for unallocated water in the Stanthorpe Water Management Area has been prioritised due to high demand for water in general in this area.

Once the water is converted into an entitlement after the plan release, it can be used by the owner for economic, social, environmental or cultural purposes.

We will work with Aboriginal people to determine how access is granted to this water. Aboriginal people can also access unallocated water from the ‘any’ reserves as anyone from the public is able to access them through an application process. The tables below outline all the reserves in each area within the plan areas.

85 Figure 15 – Water Plan Outcome 2

Unallocated water volumes Volumes of unallocated water reserves are specified in section 43 of the Border Rivers and Moonie water plan and section 41 of the Condamine and Balonne water plan. The water management protocol specifies volumes and purposes for which this water can be used. This includes reserves for Aboriginal people to use for any purpose

Water plan outcome Make water available to support Water plan measure economic and social aspirations Within 2 years, establish a process for the granting of water entitlements for of Aboriginal peoples the taking of unallocated water in the Condamine and Balonne plan area and Stanthorpe Water Management Area of the Border Rivers and Moonie plan area

Release of unallocated water Process is stated in the Water Regulation Once released and the water entitlement is issued, water can be used for any purpose

86 Water connections Table 8 – Unallocated groundwater reserves in the Condamine–Balonne water plan area

Underground water unit Nominal entitlement (ML) Reserve

Sediments above the Great Artesian Basin 450 Aboriginal

Sediments above the Great Artesian Basin 4050 Any

Condamine Fractured Rock 660 Any

Queensland Murray–Darling Basin deep 1500 Aboriginal

Queensland Murray–Darling Basin deep 13 500 Any

Table 9 – Unallocated surface water reserves in the Border Rivers and Moonie water plan area

Water management area Average Annual Reserve Volume (ML)

Stanthorpe water management area 1740 Strategic

Stanthorpe water management area 1500 Town water supply

Stanthorpe water management area 1060 Any

Stanthorpe water management area 200 Aboriginal

Moonie water management area 100 Aboriginal

87 Table 10 – Unallocated groundwater water reserves in the Border Rivers and Moonie water plan area

Catchment Underground water unit Nominal Reserve entitlement (ML)

Border Rivers Sediments above the Great Artesian Basin 620 Aboriginal

Border Rivers Sediments above the Great Artesian Basin 5580 Any

Border Rivers Border Rivers Fractured Rock 387 Any

Moonie Sediments above the Great Artesian Basin 480 Aboriginal

Moonie Sediments above the Great Artesian Basin 4320 Any

Border Rivers and Moonie Queensland Murray–Darling Basin deep 500 Any

Measure – Establish a process within two years for the granting of entitlements for unallocated water

We will engage with Aboriginal people to understand how they would like to access and use allocated water. This will help to determine a process within two years for granting entitlements to unallocated water in the Condamine and Balonne plan area and Stanthorpe Water Management Area of the Border Rivers and Moonie plan area. These entitlements will be able to be used by Aboriginal for any purpose.

Measure – Monitoring, evaluation and reporting strategy to support assessment of effectiveness of plans and implementation to be developed by 1 July 2020

This strategy will set out how plan outcomes will be assessed. It is important for us to understand how we will measure progress towards meeting the outcomes and measures of the plans, and we will do this in consultation with the public, including Aboriginal people.

88 Water connections 6.1.3 Ou tcome 3: Maintain flows of water to which this plan applies that support the water- related environmental, cultural, spiritual and social values of Aboriginal people

This outcome reflects the desire to protect animals, plants and waterways that are valued and used by Aboriginal people. We will achieve this outcome by maintaining key parts of the flow regime that are linked to these values and uses.

The word ‘maintain’ is used to ensure that flows related to Aboriginal values and uses do not become impacted by the way water is managed in the plans. We recognise that we need more information in order to increase our understanding of flow requirements. The long-term goal is to be able to integrate the knowledge that Aboriginal people have about the flow requirements of important values and uses with the ongoing ecological assessment work done during the implementation of the plans. This will increase our knowledge about how to manage water and ecological assets of value to Aboriginal people.

Some of these values and uses can be linked to key ecological assets, and so in protecting them, we will also be protecting those assets.

Measure – Report within five years on flow requirements to support values and uses of water of Aboriginal peoples

The measure is the same measure as for outcome 1. It states that a report on the flow requirements to support cultural values and uses, informed by engagement with Aboriginal people, is to be published within five years of the plan’s commencement. The measure is designed to continue engagement with Aboriginal people, and to capture the information from this engagement and any related studies. This will help to ensure we continue to improve our understanding of how important water is to Aboriginal people.

More information on the flow requirements of identified ecological assets is available in the long-term environmental watering plans for the two plan areas (DNRME 2019c and h).

89 Figure 16 – Water Plan Outcome 3 (using yellowbelly as an example)

Water plan measures To improve our understanding, a report must be published within 5 years on the flow requirements to support cultural values and uses informed by engagement with Aboriginal people

Water plan outcome Flow objectives Maintain flows that support Yellowbelly need medium flows water-related cultural, spiritual, The plan protects medium flows to allow for yellowbelly migration environmental and social values of Aboriginal people, such as A change to water management arrangements is not allowed if there yellowbelly is too much impact on medium flows

Strategies and rules Pass flow rules Flow event management rules Environmental, stock and domestic flows rules Infrastructure operating rules Medium flow event management rules

90 Water connections 6.1.4 Other outcomes

A range of other ecological, social and economic outcomes in the final plans also affect Aboriginal people. Appendix D maps all the outcomes listed below, including the three cultural-related outcomes, to the objectives and outcomes raised by Aboriginal people during engagement. This helps to show how the objectives and outcomes raised by people were considered as part of the planning process.

General (1) Water is to be allocated and managed in a way that recognises the natural state of watercourses, lakes, springs and aquifers has changed because of the taking of, and interfering with, water (Gen1 in Appendix D) (2) Water is to be allocated and managed in a way that seeks to achieve a balance between economic, social, cultural and environmental outcomes (Gen2)

Economic (3) Maintain the probability of being able to take water under a water entitlement (relevant to entitlements owned by Aboriginal people) (Econ3) (4) Improve and support the effective and efficient operation of the market in water allocations (Econ4) (5) Maintain the availability of water for stock purposes and tourism (Econ5) (6) Maintain the availability of water for industries dependent on water (Econ6) (7) Maintain and if possible improve flood flows to support grazing activities (Econ7)

Social (8) Maintain the availability of water for the supply of urban water to towns and communities (Soc8) (9) Maintain the flows of water that support water-related aesthetic, cultural and recreational values (Soc9) (10) Provide water to which this plan applies for domestic purposes (Soc10)

Environmental (11) Maintain the probability of being able to take surface water under a water entitlement held only to provide environmental benefit (Env11) (12) Maintain and if possible improve flows that support waterholes as refugia, river channels and river-forming processes (Env12)

91 (13) In the Condamine–Balonne, maintain and if possible improve flows that support bird breeding at Narran Lakes (Env13) (14) In the Condamine–Balonne, maintain and if possible improve flows that support floodplain ecosystems within and downstream of the plan area, including the Balonne River floodplain, floodplain and Narran Lakes (Env14) (15) In the Border Rivers, maintain and if possible improve flows that support floodplain ecosystems within and downstream of the plan area, including the Macintyre River floodplain downstream of Goondiwindi and channel-connected wetlands associated with this floodplain (Env15) (16) Minimise changes to flows that support fish movement and fish recruitment (Env16) (17) Minimise the occurrence of adverse environmental impacts (e.g. bank erosion, degradation of water quality) caused by the operation of infrastructure (Env17) (18) Minimise water quality degradation in relation to surface water flow and groundwater flow and pressure (Env18) (19) Maintain an underground water regime that supports ecosystems dependent on underground water (Env19)

Appendix C contains the full list of outcomes for both plans.

6.2 Healthy waters management plan objectives and outcomes Each healthy waters management plan (DES 2019a-c) includes a range of objectives and outcomes related to water quality. This includes the objective and outcome for Aboriginal cultural, spiritual and ceremonial values and uses of water.

The objective is to ensure the suitability of water to support the identified cultural, ceremonial and spiritual values and uses of waters across the Queensland Murray- Darling Basin.

The outcome is that Queensland Murray-Darling Basin water resources remain fit for purpose in relation to cultural, spiritual and ceremonial values and uses of water.

Based on the results of consultation with Aboriginal Nations, the cultural, ceremonial and spiritual value applies to all surface water and groundwater in the Queensland Murray-Darling Basin area.

92 Water connections BOX 17: Retention of current protection of Aboriginal values and uses of water

The new Condamine and Balonne and Border Rivers and Moonie water plans each contain three outcomes and two measures directly related to Aboriginal values and uses. The outcomes contained in the new plans: • promote community understanding relating to the social, spiritual, economic, environmental and cultural values and uses of water • maintain flows that support the water-related environmental, cultural, spiritual and social values of Aboriginal people • make water available to support economic and social aspirations of Aboriginal people. Additionally, other water plan outcomes also consider and relate to Aboriginal values and uses, as demonstrated in Appendix D.

The previous water plans — Water Plan (Condamine and Balonne) 2004 and Water Plan (Border Rivers and Moonie) 2003 — did not include any cultural outcomes or measures. Therefore, the provisions in the new plans and protocols provide a higher level of protection for Aboriginal values and uses of water than existed before.

This protection has been established through extensive and targeted consultation with Aboriginal people to understand their values and uses associated with water, and by ensuring that the outcomes in the plans directly acknowledge them. Input was sought through multiple workshops run by Aboriginal people with culturally capable departmental staff on what the values and uses of water for Aboriginal nations are, and how a water plans can recognise them. Identified values and uses were then packaged into outcomes and measures to recognise the diverse cultural, social, spiritual, environmental and economic aspirations of Aboriginal nations in the water plan areas.

Furthermore, since the previous water plans were released in 2003 and 2004, the Queensland Water Act 2000 has been strengthened to include a head of power to require cultural outcomes in water plans, as well as recognition of cultural purposes and traditional activities in line with native title and cultural heritage legislation.

Information about opportunities to strengthen the protection of Aboriginal values and uses are included in Appendix E.

93 94 Water connections Chapter 7 overview – Issues outside the scope of our plans and what’s next

This chapter describes how some issues raised during engagement with the Aboriginal nations in the catchment area are outside the scope of a water plan or healthy waters management plan. • Issues raised that are outside the scope of a water plan or healthy waters management plan include lack of access or entry to rivers or waterholes once used for cultural or social purposes. • Although outside the scope of water plans and healthy waters management plans, the government will endeavour to follow up with relevant agencies that manage these issues. • There are several milestones for implementing the water plans and this will require ongoing engagement and planning with Aboriginal people.

95 Issues outside the scope of 7 our plans

Our engagement, including the submissions on draft plans, raised many issues that are not able to be dealt with under a water plan or a healthy waters management plan. This is largely due to what our legislation has the ability to deal with.

For example, an issue often raised in meetings In some places you can’t get was the lack of access or entry to rivers or access to the water because of waterholes that were once used for swimming, the fences. It feels very bad to fishing or other cultural and social purposes. be told you can’t go onto that Many people expressed frustration that land; because as Aboriginal families could no longer use waterways as people we feel this is our land. they once did. A water plan or healthy waters management plan do not deal with issues Stephanie Miller, Jarowair Nation relating to lack of access.

Table 11 shows the issues raised that are outside the scope of water plans and healthy waters management plans. In addition, Appendix E includes further opportunities to strengthen the protection of Aboriginal values and uses. These relate to some of the out-of-scope issues.

The government has noted these issues raised throughout the engagement process and will endeavour to follow up with relevant agencies.

96 Water connections Table 11 – Issues outside the scope of water plans and healthy waters management plans

Topic Issue raised by Aboriginal people Government response

Improved • Important issue across all nations was that The Queensland government physical access people no longer had access to the rivers and recognises that access to waterways to waterways waterholes for recreational, cultural and social (as well as land) is a critical issue to purposes Aboriginal people in the plan areas.

• People expressed frustration that families could Government is following up with no longer visit places of significance as they once relevant agencies. did

Enhancing • More effort needed in monitoring the collection, Compliance and monitoring is an compliance storage and over-allocation of water from the emerging priority of the government, efforts rivers and groundwater by other users with the Rural Water Management Program being developed by the • Rangers could play a role in enforcing compliance Department of Natural Resources, on water take to ensure flows are maintained to Mines and Energy. support water-related values To report significant pollution incidents • Agriculture requires closer monitoring and to the Queensland Government phone scrutiny to address polluting of waterways with the 24/7 Pollution Hotline – 1300 130 sediment, chemicals and fertilisers, and there 372 (option 2). Pollution incidents can must be compliance and accountability for water be reported 24 hours a day, 7 days a pollution related to agriculture week.

Employment and • Opportunities for Aboriginal people, particularly A number of government agencies training young people, to be trained and receive have programs in place targeted at employment in fields related to water and natural Indigenous employment and training. resource management (including weed and pest management and carp control) were emphasised It has been noted that opportunities in many meetings. that allow people to stay on country and contribute to looking after natural • Native bee farming, ecotourism and aquaculture resources are important. projects to restock waterways with native fish were also identified as proposed Aboriginal Queensland Government to follow- business opportunities. up with relevant agencies and NRM organisations. • Employing Traditional Owners to carry out work to improve the use of native vegetation planted during streambank and revegetation projects, through the use of detailed local, traditional knowledge was a further opportunity identified.

97 Topic Issue raised by Aboriginal people Government response

Cultural heritage • Many people indicated that degradation of Many sites are registered as Aboriginal impacts culturally-important sites, including those listed heritage under the Queensland as cultural heritage sites, is a critical issue Aboriginal Cultural Heritage Act 2003

• People indicated that the risks to cultural The Act aims to provide recognition, heritage sites were from mismanagement of land protection and conservation of and waterways and other users such as farming Aboriginal cultural heritage and mining Cultural Heritage Duty of Care Guidelines are managed by the Queensland Department of Aboriginal and Torres Strait Islander Partnership

Community • Community education on Aboriginal values and Queensland Government to follow- education uses of water and/or cultural capability training up with relevant agencies and NRM would assist in reducing risks to important organisations. cultural sites. Further, there was considered to be a need for community education on the importance and value of waterways health, and how water use affects animal and plant survival and impacts all areas of land management.

Public • Some members of consultation would like to In Queensland, public notification submissions on voice concerns with regard to future mining and is required for certain development developments development activity. applications to ensure that the public is aware of the development and that they have the opportunity to make submissions about it. The Queensland Government provides opportunities for submissions on development through the following websites: Have your say on different consultation processes: https://www.getinvolved.qld.gov.au/ Mining activities: https://environment.des.qld.gov.au/ management/non-mining/current-ea- applications.html

98 Water connections 99 What’s next? We will continue to engage face to face with Aboriginal nations. We want to hear from Aboriginal people about how they would like to be engaged with. There are several milestones for the new plans described in Figure 17 below.

Figure 17 – Milestones for planning process and ongoing engagement

Report on cultural flow requirements to be completed and the Accreditation of water State water plans Minister to provide a resource plans by the commence report of how well both federal government plans’ outcomes are being met within five years of commencement

February March–June 30 June 2021 2024 2029 2019 2019 2019

Accreditation process Process for granting The Minister to provide by the Murray–Darling entitlements to an assessment of how Basin Authority unallocated water well the outcomes have (including NBAN advice across Queensland been achieved over the on the engagement Murray–Darling Basin last 10 years process) to be completed

100 Water connections When the water plans and healthy waters management plans are submitted to the Murray–Darling Basin Authority for accreditation, the NBAN will provide its advice on how well the Queensland Government has engaged with Aboriginal people, and whether their concerns have been taken into account.

Once the final plans are released, we will design a process (in consultation with Aboriginal people in the catchments) to release the unallocated water that has been set aside for Aboriginal people.

The Queensland Government considers this to be the start of a longer and more meaningful engagement with Aboriginal people on water planning and management. Every five years, our Minister will review how well we are meeting the outcomes of the water plans. For the reviews, we will again need input to help us assess how well the plans have worked, and where we need to keep improving how water is managed.

101 Appendix A – Glossary

Terms marked with an * have been adapted from Murray–Darling Basin Authority glossary https://www.mdba.gov.au/annual-reports/annual-report-2014-15/ appendixes/glossary

Aboriginal Elder – the definition is less clear since colonisation and disruption to traditional culture. In the Murray–Darling Basin area, it can mean a community leader, the oldest member of a family, or simply a respected person in the community

Accreditation – process of water resource plans being approved under the Murray–Darling Basin Plan 2012

Aquatic ecosystem – plants and animals connected together through a water environment such as a river, spring or billabong

Aquifer – water stored underground in the rocks and soil. Some of this can reach the surface through springs

Basin States* – states which make up the Murray Darling Basin plan area, which include Queensland, New South Wales, , Australia Capital Territory and

Cap* – a limit on the volume of surface water that can be taken for consumptive use

Catchment – a geographic area in which water is captured to run off into lower areas, and flows towards the sea

Connectivity* – the amount to which waterways flow without development constraints such as weirs and diversions

Constraints* – anything which can impede the delivery of environmental water into the system. These constraints can be physical (weir) or operational

Consumptive use* – water taken from natural systems for the use of irrigation, industry, urban, stock and domestic use, or for other private consumptive purpose

Critical human water needs* – the minimum amount of water required for services within communities. Disruption of this could result in social and economic impacts, risks to public safety

Cultural flows* – water entitlements owned and controlled by Aboriginal people

Cultural objective – something that Aboriginal people want to see happen (e.g. improved water quality)

102 Aboriginal people’s water needs in the Queensland Murray–Darling Basin Cultural outcome – description of what the situation will look like after a particular time period (e.g. in 10 years, water in the river will be clean and clear)

Cultural use – the way in which the cultural value is used (e.g. a river reed (the value) is used for traditional basket weaving)

Cultural value – an animal, object, landform, waterway or entity which is part of a traditional Aboriginal cultural lifestyle

Degradation – the decline in biodiversity of a particular environment through pollution, soil erosion, overstocking and other impacts

Entitlement – a licensed right to access a particularly quantity of water in a regulated system

Environmental flow – water provided into a system to improve or maintain the health of an aquatic ecosystem, while there are competing interests for use of that water and where flows are regulated

Extraction – water taken from surface water or groundwater

Extraction limit – the average yearly quantity of water that can be taken from a system by all licence holders

Fishway* – an artificial construction which enables fish to have free passage throughout the waterways (e.g. fish ladder)

Flow event* – a single event in the river system which allows certain environmental targets to be met

Grassroots people – a term used to describe people living in a community with strong ties to the land and to the people of that community, and who are often most impacted by government decisions related to the land

Groundwater – water found beneath the ground and stored in rocks, sand or soil

Groundwater dependent ecosystems (GDE) – ecosystems that require input from groundwater sources to exist (springs, soaks)

Healthy waters management plan – a planning document developed under the Environmental Protection (Water) Policy 2009 to identify ways to improve the quality of Queensland waters

Megalitre (ML) – one million litres of water

MLDRIN* – Murray Lower Darling Rivers Indigenous Nations. MLDRIN comprises Traditional Owner nominated representatives from the following Nations: , Barkindji, Dhudhuroa, Dja Dja Wurrung, Latji Latji, , Mutti Mutti, Nari Nari, Ngarrindjeri, Ngintait, Nyeri Nyeri, Tatti Tatti, Taungurung, Wadi Wadi, Wamba Wamba, Waywurru, Wegi Wegi, Wergaia, , Wolgalu, Wotjobaluk, Yaitmathang, Yita Yita, Yorta Yorta

Murray–Darling Basin Authority – the federal government body which oversees the management of the Murray–Darling Basin river system

103 Nation – a large body of people united by common descent, history, culture, or language, inhabiting a particular state or territory

Northern Basin Aboriginal Nations (NBAN)* – NBAN was formed in April 2010 and provides an Aboriginal perspective on natural resource management and cultural issues in the Basin. NBAN comprises Traditional Owner nominated representatives from the following nations: Barkindji (Paakintji), Barunggam, Bidjara, Bigambul, Budjiti, Euahlayi, Gamilaroi, Githabul, Gunggari, Gwamu (Kooma), Jarowair, Kambuwal, Kunja, Kwiambul, Maljangapa, Mandandanji, Mardigan, Murrawarri, Ngemba, , Wailwan and Wakka Wakka

On Country – a specific area of land traditionally inhabited and governed by Aboriginal people from a particular nation (e.g. if a Traditional Owner says ‘I’m going out on country’, they are going to travel to their traditional territory)

Refugia – an area of habitat in which animals can live and thrive as part of an ecosystem

Regulated river* – a river system with its flow structure and timing controlled by weirs and dams, also referred to as supplemented water

Riparian – vegetation that grows next to waterways

Salinity – the amount of salt in soil or water measured by its concentration (g/kg)

Sediment – particles in liquid which do not dissolve and typically fall to the bottom of the waterway, and are transported across land, and down river during floods and heavy rain

Spiritual cultural value – a cultural value with a link to spiritual belief, such as a creation story or totemic belief

Submission (written) – an email, letter or completed form that stakeholders complete and address to the government to formally influence government planning and decision-making

Surface water* – all water found in above ground systems naturally, including rivers, billabongs and lakes

Take* – the removal of water from a river system or the disruption of flow Unregulated river – river systems where the flow of water is not interrupted by large dams or other infrastructure, also referred to as unsupplemented water

Water accounting* – a system of monitoring, measuring and quantifying information about water and the rights to obtain water according to Australian Water Accounting Standards

Water allocation* – the amount of water that can be taken by a licence holder in a season, which is usually expressed as a percentage of total volume

104 Aboriginal people’s water needs in the Queensland Murray–Darling Basin Water plan – a legal document that deals with how water flowing down the system or existing under the ground is shared and managed

Water resource* – water in the natural environment categorised as surface water or groundwater

Water resource plan – the package of statutory planning instruments and supporting documents that is submitted by the state to the Murray–Darling Basin Authority for accreditation under the Basin Plan 2012

Water trading rules* – a set of rules that enable water licence holders to buy, sell and transfer tradeable water rights

105 Appendix B – Meeting data and examples of communication material

Meeting data The following table summarises the key meetings held as part of the engagement that fed into the development of the draft plans.

Nation Date Location Attendance

Engagement meetings for identifying values and uses, objectives and outcomes (pre-draft plan)

Jarowair 27 Jan 2017 Toowoomba 2

Kambuwal 14 March 2017 Warwick 2

Githabul 24 March 2017 Warwick 8

Bigambul 7 April 2017 Goondiwindi 16

Jarowair 19 April 2017 Cherbourg 20

Wakka Wakka 27 April 2017 Toowoomba 7

Gungarri 28 April 2017 Toowoomba 5

Gomeroi/Kamilaroi 24 May 2017 Toowoomba 10

Wakka Wakka 30 May 2017 Cherbourg 10

Guwamu/Kooma 1 June 2017 Brisbane 5

Mandandanji 10 June 2017 Toowoomba 8

Gomeroi/Kamilaroi 13 June 2017 Boggabilla/ 12 Toomelah

Bigambul 14 June 2017 Goondiwindi 1

Bidjara 27 June 2017 Mitchell 4

106 Aboriginal people’s water needs in the Queensland Murray–Darling Basin Nation Date Location Attendance

Gungarri 28 June 2017 Mitchell 2

Githabul 15 August 2017 Mulli Mulli 19

Guwamu/Kooma 22 August 2017 Toowoomba 18

Gomeroi/Kamilaroi 7 September 2017 St George 13

Euahlayi 18 September 2017 Toowoomba 2

Euahlayi 6 Oct 2017 Brisbane 5

Mandandanji 16 Oct 2017 Roma 4

Multiple Nations 23 Nov 2017 Roma 28

Barrunggam/Giabel December 2017 Toowoomba 2

Multiple nations December 2017 Toowoomba 10

Multiple nations 11 Dec 2017 Dalby 5

Total 218

107 The following table summarises the key meetings held during the public submissions phase of the draft plan.

Nation Date Location Attendance

Engagement meetings for the public submissions phase on the draft plan

Multiple nations 24 April 2018 Toowoomba 4

Githabul 26 April 2018 Warwick 9

Multiple nations 1 May 2018 Cunnamulla 7

Bidjara 3 May 2018 Charleville 11

Gungarri 4 May 2018 Mitchell 2

Githabul 9 May 2018 Woodenbong 28

Gomeroi 16 May 2018 Boggabilla 52

Barrunggum/Giabel 18 May 2018 Chinchilla 2

Yuwaalaraay/Euahlayi 22 May 2018 Toowoomba 6

Multiple nations 25 May 2018 Brisbane 47

Bigambul 25 May 2018 Goondiwindi 11

Multiple nations 29 May 2018 Cherbourg 39

Kambuwal 31 May 2018 Toowoomba 1

Multiple nations 1 June 2018 Mungindi 35

Total 248

108 Aboriginal people’s water needs in the Queensland Murray–Darling Basin Communication material examples Dedicated Facebook page for engagement

109 Examples of social media posts for meetings

110 Aboriginal people’s water needs in the Queensland Murray–Darling Basin Appendix C – Summary of submissions

The Department received 159 submissions from the Aboriginal community across both plan areas. Consultation with Aboriginal Nations was targeted and focussed heavily on cultural outcomes and measures as well as categories of values and uses of water held by Aboriginal people which were incorporated into the draft water plans.

Summary of submissions for the Border Rivers and Moonie draft water plan and Condamine and Balonne draft water plan

Issue Sub-issue Support Support Comments Other Other comments How addressed

Unallocated Enabling 115 Support water entitlements 12 Aboriginal people need to Aboriginal and water social and be issued to the Aboriginal be involved in determining community reserves economic community and Aboriginal the process of making water changed to be for opportunities business owners. entitlements available. Aboriginal people for Aboriginal only for any purpose. people (127) Important step in More water needs to be self-determination for made available. No change to Aboriginal people. reserve volumes Submitters (6) propose as there is not data Aspirations for a dedicated that the 200ML Aboriginal to support that an reserve for Aboriginal reserve in the Stanthorpe increase in volumes people only (mentioned Water Management Area is possible without during consultation be allowed to be utilised by compromising third meetings). primary producers. party users.

Aboriginal people should Government have full control of the is committed unallocated water process. in the plans to work closely with Capacity building is needed Aboriginal people for Aboriginal people in determining the to understand what the process for making process for accessing water releases from will be. reserves within 2 years. Aboriginal water entitlements need to be distributed equally between Traditional Owner Groups in close consultation with them.

111 Summary of submissions for the Border Rivers and Moonie draft water plan and Condamine and Balonne draft water plan – continued

Issue Sub-issue Support Support Comments Other Other comments How addressed

Improved Having 108 Importance of incorporating 11 Broader process needed Recognition of understanding cultural Aboriginal people’s to consider and involve all environmental and of cultural outcomes knowledge into water Aboriginal people. economic values requirements for and management and uses of water water measures Further work needs to have been added to in the plans Understanding the full involve Aboriginal staff and general outcomes (119) breadth of issues related ongoing engagement with and cultural to water for Aboriginal Aboriginal people outcomes of the people – spiritual cultural, water plans. social, environmental and Clearer understanding of economic outcomes in the plan is An engagement needed. strategy will be developed with The measure to provide a Aboriginal people to report within 5 years is too ensure Government vague. Need an action plan works with them and timeline with specific to develop further actions. understanding of cultural requirements Why can’t flows be for water – the 5 improved, not just year report is a maintained? milestone but will be built through regular Should be trying to restore engagement. natural flows under guidance from traditional owners.

Should be much more transparent and open about achieving Aboriginal cultural values and uses of water.

Out of scope Aboriginal 72 Strong emphasis on desire - - No changes to water Ranger for opportunities for local plans though it will Programs employment engagement. be communicated (72) that the Rangers More investment in Program is managed Aboriginal Ranger Programs by the Department to restore river banks, of Environment and protecting sacred sites Science. especially sites with significance to water.

Need trained Aboriginal Rangers to work on country that are trained by traditional Elders.

112 Aboriginal people’s water needs in the Queensland Murray–Darling Basin Summary of submissions for the Border Rivers and Moonie draft water plan and Condamine and Balonne draft water plan – continued

Issue Sub-issue Support Support Comments Other Other comments How addressed

Out of scope Values and 61 Did not identify that tribal - - No changes to the uses not governance and decision water plans but included in making structures are engagement strategy plans (61) needed for the waterways and measures will of each First Nation. allow for further understanding of any Additional values and uses Aboriginal people’s are family, health and well values and uses - being, stable traditional relevant to water. diet, totems, animals, Water connections billabongs, rock wells and report will include story lines. these values and uses. Need an understanding of the importance of ground water to Aboriginal people particularly in relation to women's business and aquatic species.

Out of scope Enhancing 42 More effort needed in - - No changes to water compliance monitoring the collection, plans but it will efforts (42) storage and over-allocation be communicated of water from the rivers and how compliance underground water by other will be managed by users. the Department of Natural Resources, Rangers should enforce Mines and Energy. compliance on water take to ensure flows are maintained to support water related values.

Out of scope Addressing 2 Barriers needed on river - - No changes to water quality banks to keep agriculture water plans but will issues (2) from destroying the banks be communicated and contaminating the that Department of water and damaging water Environment and quality. Science is able to handle enquiries Fracking needs to stay well about water quality. away from underground water of the Murray Darling such as the Artesian Basin.

113 Appendix D – Final water plan outcomes

Water Plan (Condamine and Balonne) 2019 outcomes 18 General water plan outcomes

A water plan outcome for this plan is that water to which this plan applies is to be allocated and managed in a way that— (a) recognises the natural state of watercourses, lakes, springs and aquifers has changed because of the taking of, or interference with, water; and (b) is consistent with the relevant version of the Basin Plan, including, for example, the sustainable diversion limits; and (c) is consistent with water sharing agreements and commitments between the State and New South Wales; and (d) seeks to achieve a balance between— (i) the economic water plan outcomes stated in section 19; and (ii) the social water plan outcomes stated in section 20; and (iii) the cultural water plan outcomes stated in section 21; and (iv) the environmental water plan outcomes stated in section 22; and (e) promotes improved understanding of— (i) matters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and

(ii) the flow requirements of ecosystems in the plan area; and (iii) the water required for social, spiritual, economic, environmental and cultural uses of water by Aboriginal people; and (iv) the water required to deliver social and economic benefits to communities in the plan area; and

(v) the impact of climate change on water availability; and (vi) the actions required to reverse the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.

19 Water plan outcomes—economic (1) The economic water plan outcomes for this plan are— (a) to maintain the probability of being able to take water to which this plan applies under a water entitlement; and (b) to maintain and, if possible, improve the productive base of underground water to which this plan applies; and (c) to improve and support the effective and efficient operation of the market in water allocations and relocatable water licences; and (d) to maintain the availability of water to which this plan applies for stock purposes and tourism in the plan area; and (e) to maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area; and (f) to maintain and, if possible, improve flood flows to support grazing activities in the plan area and in the Lower Balonne system, and (g) to make water to which this plan applies available to support the economic and social aspirations of Aboriginal people.

114 Aboriginal people’s water needs in the Queensland Murray–Darling Basin (2) In this section— relocatable water licence means a water licence that the water management protocol for this plan states may be dealt with, in whole or in part, in a way stated in section 126(1)(a) of the Act.

20 Water plan outcomes—social The social water plan outcomes for this plan are— (a) to maintain— (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and (ii) the flows of water to which this plan applies that support water-related aesthetic, cultural and recreational values; and (b) to provide water to which this plan applies for domestic purposes in the plan area.

21 Water plan outcomes—cultural

The cultural water plan outcomes for this plan are to— maintain flows of water to which this plan applies that support the water-related cultural, spiritual, social and environmental values of Aboriginal people. 22 Water plan outcomes—environmental (1) The environmental water plan outcomes for this plan are— (a) to maintain the probability of being able to take surface water to which this plan applies under a water entitlement held only for providing benefit to the environment; and Examples of a water entitlement held only for providing benefit to the environment— • a water entitlement held by CEWH • a water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems (b) to maintain and, if possible, improve flows of water to which this plan applies that support— (i) waterholes as refugia; and (ii) river channels; and (iii) river-forming processes; and (c) to maintain and, if possible, improve flows of water to which this plan applies that support bird breeding at Narran Lakes; and (d) (d) to maintain and, if possible, improve flows of water to which this plan applies that support floodplain ecosystems within and downstream of the plan area, including— (i) the Balonne River floodplain; and (ii) the Culgoa River floodplain; and (iii) Narran Lakes; and (e) to minimise changes to flows of water in the plan area that support fish movement and fish recruitment; and (f) to minimise adverse environmental impacts, relating to water to which this plan applies, caused by the operation of infrastructure in the plan area; and Examples of adverse environmental impacts— bank erosion, thermal alteration of waters, degradation of water quality (g) to minimise water quality degradation in relation to— (i) for surface water to which this plan applies—flow; and (ii) for underground water to which this plan applies—flow and pressure; and (h) to maintain an underground water regime in the plan area that supports ecosystems dependent on underground water to which this plan applies.

115 Water Plan (Border Rivers and Moonie) 2019 outcomes

20 General water plan outcome

A water plan outcome for this plan is that water to which this plan applies is to be allocated and managed in a way that— (a) recognises the natural state of watercourses, lakes, springs and aquifers has changed because of the taking of, or interference with, water; and (b) is consistent with the relevant version of the Basin Plan, including, for example, the sustainable diversion limits; and (c) is consistent with water sharing agreements and commitments between the State and New South Wales; and (d) seeks to achieve a balance between— (i) the economic water plan outcomes stated in section 21; and (ii) the social water plan outcomes stated in section 22; and (iii) the cultural water plan outcomes stated in section 23; and (iv) the environmental water plan outcomes stated in section 24; and (e) promotes improved understanding of— (i) matters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and (ii) the flow requirements of ecosystems in the plan area; and (iii) the water required for social, spiritual, economic, environmental and cultural uses of water by Aboriginal people; and (iv) the water required to deliver social and economic benefits to communities in the plan area; and (v) the impact of climate change on water availability; and (vi) the actions required to reverse the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.

21 Water plan outcomes—economic (1) The economic water plan outcomes for this plan are— (a) to maintain the probability of being able to take water to which this plan applies under a water entitlement; and (b) to maintain and, if possible, improve the productive base of underground water to which this plan applies; and (c) to improve and support the effective and efficient operation of the market in water allocations and relocatable water licences; and (d) to maintain the availability of water to which this plan applies for stock purposes and tourism in the plan area; and (e) to maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area; and (f) to maintain and, if possible, improve flood flows to support grazing activities in the plan area. (g) to make water to which this plan applies available to support the economic and social aspirations of Aboriginal people.

116 Aboriginal people’s water needs in the Queensland Murray–Darling Basin (2) In this section— (3) relocatable water licence means a water licence that the water management protocol for this plan states may be dealt with, in whole or in part, in a way stated in section 126(1)(a) of the Act.

22 Water plan outcomes—social

The social water plan outcomes for this plan are—

(a) to maintain— (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and (ii) the flows of water to which this plan applies that support water-related aesthetic, cultural and recreational values; and (b) to provide water to which this plan applies for domestic purposes in the plan area.

23 Water plan outcomes—cultural

The cultural water plan outcomes for this plan are— to maintain flows of water to which this plan applies that support the water-related cultural, spiritual, social, and environmental values of Aboriginal people. 24 Water plan outcomes—environmental (1) The environmental water plan outcomes for this plan are— (a) to maintain the probability of being able to take surface water to which this plan applies under a water entitlement held only for providing benefit to the environment; and Examples of a water entitlement held only for providing benefit to the environment—

––a water entitlement held by CEWH ––a water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems (b) to maintain and, if possible, improve flows of water to which this plan applies that support— (i) waterholes as refugia; and (ii) river channels; and (iii) river-forming processes; and (c) to maintain and, if possible, improve flows of water to which this plan applies that support floodplain ecosystems within and downstream of the plan area, including— (i) the Macintyre River floodplain downstream of Goondiwindi; and (ii) channel-connected wetlands associated with that floodplain; and (d) to minimise changes to flows of water in the plan area that support fish movement and fish recruitment; and (e) to minimise adverse environmental impacts, relating to water to which this plan applies, caused by the operation of infrastructure in the plan area; and Examples of adverse environmental impacts— bank erosion, thermal alteration of waters, degradation of water quality

(f) to minimise water quality degradation in relation to— (i) for surface water to which this plan applies—flow; and (ii) for underground water to which this plan applies—flow and pressure; and (g) to maintain an underground water regime in the plan area that supports ecosystems dependent on underground water to which this plan applies.

117 Appendix E – Mapping of Aboriginal objectives and outcomes with plan outcomes

This table maps all the outcomes listed below, including the three cultural-related outcomes, to the objectives and outcomes raised by Aboriginal people during engagement. This helps to show how the objectives and outcomes raised by people were considered as part of the planning process.

118 Aboriginal people’s water needs in the Queensland Murray–Darling Basin Appendix F – Opportunities to strengthen the protection of Aboriginal values and uses

The opportunities to strengthen the protection of Aboriginal people’s values and uses of water are linked to the Basin Plan 2012, section 10.52(3). These opportunities will be further investigated after the water plans and healthy waters management plans are finalised. The opportunities are subject to government review and approval, and should not be considered government policy at this stage.

Opportunities 1-7 outlined below are State-based initiatives relevant to the Healthy Waters Management Plan (HWMP) for the plan area and have been included in both the Water Connections Report and the HWMP. Opportunities 8-12 are broader initiatives within Queensland to strengthen the protection of Aboriginal values and uses, as well as the federally funded Aboriginal ranger program (Indigenous Rangers – Working on Country).

1 Aboriginal waterways assessments Aboriginal waterways assessments (AWAs) are in-field assessments of stream health from the perspective of Traditional Owners, and are a key initiative to increase the participation of Traditional Owners in natural resource and waterway management. They provide a tool for Aboriginal communities to consistently measure and prioritise river and wetland health so that they are better placed to negotiate for their country’s water needs.

AWAs were adapted from a Maori-originated water assessment tool by the Northern Basin Aboriginal Nations (NBAN), Murray Lower Darling Rivers Indigenous Nations and the Murray–Darling Basin Authority (MDBA) Aboriginal Partnerships team.

The Queensland Government, with contribution from the MDBA, is funding six AWAs in the Condamine, Border Rivers, Moonie, Balonne and basins. The AWAs are being conducted throughout 2018–19, and are being jointly delivered by the NBAN and the former NRM bodies, Queensland Murray–Darling Committee and Condamine Alliance/South West NRM (which are now referred to as Southern Queensland NRM). Additionally, Department of Environment and Science, Department of Natural Resources, Mines and Energy and MDBA are providing in- kind support to assist the Queensland AWA projects.

AWAs also align with the principles for engaging Indigenous people in water planning and management, as stated in Section 1.3 of the Module to the National Water Initiative (NWI) Policy Guidelines for Water Planning and Management: Engaging Indigenous Peoples in Water Planning and Management (Australian Government 2017):

119 Investing in capacity building exercises for Indigenous peoples to develop their skills in water planning and management practices, and reciprocal knowledge transfer from Indigenous peoples to water planners.

In addition, the AWAs can facilitate intended active and informed participation of Indigenous people, as stated in Section 10.53(1)(e) of Basin Plan 2012.

Under the healthy waters management plans, the Queensland Government will continue to seek to identify opportunities for further AWAs in the Queensland Murray–Darling Basin.

2 Queensland Indigenous Land and Sea Rangers The Queensland Indigenous Land and Sea Ranger program currently provides funding for over 100 Indigenous land and sea rangers across Queensland, most of whom are Traditional Owners of the land on which they work. The Queensland Government, through the Department of Environment and Science, funds local Indigenous host organisations to employ the land and sea rangers. Traditional Owners and local communities have ownership of the work programs for their rangers, including fire and feral animal management, fencing of wetlands, land restoration and conservation of rock art sites. Many of these practices assist in improving water quality, as well as preventing wildfires, reducing carbon emissions and improving biodiversity.

There are currently no Queensland Indigenous land and sea ranger positions (aside from the Bunya Peoples' Aboriginal Corporation rangers on the border between Upper Condamine and the Burnett region). An expansion of the Queensland Indigenous land and sea ranger program across the Queensland Murray-Darling Basin region is a significant opportunity to support current efforts to deal with pest management and a range of other risks to Aboriginal values and uses, while providing additional employment to Traditional Owners to support them looking after their country.

Rangers are critical to future land and water management throughout the Murray–Darling Basin. Identified Aboriginal ranger positions on country, managed through native title bodies, Aboriginal corporations or NBAN, was a pressing need highlighted by many participants during the consultation with Aboriginal nations. This consultation indicated that the rangers must be trained by Traditional Elders. Rangers could fulfil functions such as, but not limited to: • land and water care and management • pest management • fire management • locally appropriate revegetation • monitoring and reporting potential issues of non-compliance • monitoring of water quality and ecosystem health • cultural heritage protection.

120 Aboriginal people’s water needs in the Queensland Murray–Darling Basin Identified Aboriginal ranger positions could also take responsibility for identifying issues regarding cultural heritage and the care of managing and maintaining these locations.

Under the healthy waters management plans, the Queensland Government will continue to seek to identify opportunities to expand the Queensland Indigenous Land and Sea Ranger program to the Border Rivers and Moonie basins.

3 Looking after Country Grant program The Looking after Country Grant program is a Queensland-based initiative that was formerly known as the Queensland Indigenous Land and Sea Grant Program. If successful following an application process, Aboriginal and Torres Strait Islander groups are provided with grants of up to $75,000 for projects on-Country, aimed at conserving environmental and cultural resources and values.

The program encourages collaborative projects that may address (but are not limited to) the following: • cultural heritage site management • protected species monitoring and conservation • habitat restoration • feral animal and weed management • fire management • erosion control • the development and implementation of country management plans. The application process for the Looking after Country Grant program is outlined on the following website: https://www.qld.gov.au/environment/plants-animals/ conservation/community/land-sea-rangers/grants-program

The Looking after Country Grant program aligns with many of the responses received during the Aboriginal community consultation seeking opportunities for better involvement in natural resource management activities.

4 Environmental values and water quality objectives under the Environmental Protection (Water) Policy 2009 The Queensland Government schedules environmental values and water quality objectives under the Environmental Protection (Water) Policy 2009 to inform statutory and non-statutory planning and decision-making. This framework seeks to protect and maintain water quality within Queensland’s waterways and groundwater aquifers. The environmental values and water quality objectives are informed by community consultation. Through the process of engaging with Aboriginal nations, the following was determined for scheduling under legislation:

121 • Cultural, spiritual and ceremonial environmental values apply to all surface water and groundwater in the Queensland Murray–Darling Basin, and this has been included on the relevant mapping. • Default water quality objectives apply for the protection of the cultural, spiritual and ceremonial environmental values. In future, water quality objectives that are specific to cultural flows or developed by an Aboriginal nation may be available to update relevant documents accordingly. • Persistent waterholes in the Queensland Murray–Darling Basin have been mapped and assigned the highest level of protection (high ecological value) under the Environmental Protection (Water) Policy 2009. • Maintaining healthy riparian vegetation zones which reduce run-off and erosion was identified as important through consultation. Water quality objectives to protect environmental values in the plan area include targets for wetland extent, groundcover in grazing lands and riparian vegetation. Environmental values support Aboriginal values and uses of water, and these values and uses of water will continue to be reflected in healthy waters management plans moving forward.

5 Queensland Carbon Plus Fund In December 2016, the Queensland Government announced an $8.4 million project that will support and expand the carbon farming industry and create jobs for Traditional Owners. The project has two parts: (1) equip Queensland Aboriginal nations to participate in the carbon market and ensure the cultural, social and environmental co-benefits of Aboriginal carbon farming projects are recognised and appropriately valued. The Aboriginal Carbon Fund was engaged to undertake this component of the project (2) the purchase of carbon credits to offset the Queensland Government’s fleet vehicle emissions from 2017–18 to 2018–19, with credits from Aboriginal carbon projects being prioritised.

Refer to this link for more information: https://www.qld.gov.au/environment/ climate/climate-change/carbon-farming

6 Healthy waters management plans: Management responses Section 8 of the Healthy Waters Management Plans identifies management responses to address risks and contribute to the achievement of objectives. These actions will help to address water quality and aquatic ecosystem concerns captured in the recent consultation with Aboriginal nations, such as reducing sediment and nutrients entering water through streambank stabilisation and improving the health of riparian zones.

122 Aboriginal people’s water needs in the Queensland Murray–Darling Basin 7 Great Artesian Basin Participants at the Aboriginal nations consultation identified that the Great Artesian Basin is of great cultural and spiritual significance to Aboriginal people, and is important for maintaining the health of aquatic ecosystems. There were concerns expressed over mining and coal seam gas operations in terms of the threat to the Great Artesian Basin, including over-extraction, pollution/contamination, and reduced aquifer recharge.

The environmental values and water quality objectives for groundwater established for the Queensland Murray–Darling Basin region include the Great Artesian Basin aquifers. The cultural, spiritual and ceremonial environmental value applies to all groundwater, based on the results of consultation with Aboriginal nations. Environmental values and water quality objectives will be scheduled under the Environmental Protection (Water) Policy 2009 and inform the regulation of mining and coal seam gas development.

8 Indigenous Rangers – Working on Country The federal Working on Country program currently includes three projects that fall within the Queensland Murray–Darling Basin — the Murri Rangers (Upper Condamine and Upper Burnett–Mary; administered by the Burnett Mary Regional Group Ltd), Jamba Dhandan Duringala Indigenous Protected Area (100 km east of Cunnamulla, in the Moonie-Border Rivers area, administered by the Kooma Traditional Owners Association Incorporated) and Queensland Murray– Darling Rangers (throughout eight Aboriginal nations in the Queensland Murray– Darling region, administered by the former QMDC) (Department of the Prime Minister and Cabinet 2018).

The Queensland Murray–Darling Rangers project has worked with eight Traditional Owner groups and up to 60 landowners across the region to implement their Caring for Country Plan. These groups include Barunggam, Bidjara, Bigambul, Gunggari, Kambuwal, Kamilaroi/Goomeroi, Guwamu/Kooma and Mandandanji. Their focus is to keep country healthy, protect heritage, and conserve, maintain, manage and repair the environment (Department of the Prime Minister and Cabinet 2018). Works include, but are not limited to, replanting (to tackle salinity), deploying carp traps, working with schools, conducting flora and fauna surveys, monitoring water quality, fencing to protect riverine areas, weed control, and protecting areas of cultural significance.

Further information about the Working On Country Program can be found at the following website: https://www.pmc.gov.au/indigenous-affairs/environment/ indigenous-rangers-working-country.

123 9 Queensland Aboriginal and Torres Strait Islander (Indigenous) Procurement Policy The Queensland Aboriginal and Torres Strait Islander (Indigenous) Procurement Policy (QIPP) (Queensland Government 2018) aims to increase the value of Queensland Government contracts awarded to Indigenous businesses, supporting their development, sustainability and growth. The target is for procurement with Indigenous businesses to be 3% of the value of the government’s spend by 2022, after commencing on 1 September 2017.

This policy aims to support Indigenous economic and business development, and in addition to the overall community benefit this entails, has potential to include projects that align with both water quality and Aboriginal values and uses of water, such as eco-tourism or carbon farming, in addition to projects that may enable Traditional Owners to manage their country as they see best.

Increasing the number of Aboriginal staff employed in water resource planning was identified as important during the consultation with Aboriginal nations.

10 Queensland Government inclusion and diversity targets The Queensland Government made a commitment in early 2016 to introduce sector- wide diversity targets, working from the principle that our workforce should closely represent the community we serve. The targets, which form part of the Leadership Board Member’s performance agreements, have been set at 3% for Aboriginal and Torres Strait Islander people.

Reaching this target would assist in achieving many of the objectives identified in the consultation with Aboriginal nations. It would mean more Aboriginal perspectives embedded within Queensland Government to improve policy development to achieve better outcomes for Aboriginal people, and enhance Aboriginal involvement in water resource planning. For further information, visit: https://www.forgov.qld.gov.au/inclusion-and-diversity-commitment.

11 Queensland Government Reconciliation Action Plan 2018–2021 Under the Reconciliation Action Plan 2018–2021, the Queensland Government is committed to building stronger relationships between First Nation’s people and non-Indigenous people:

Our vision for reconciliation is to foster and maintain respectful, trusting and mutually beneficial relationships based on an understanding and acknowledgment of past hurts that Aboriginal peoples and Torres Strait Islander peoples have endured, and moving forward on a shared journey toward reconciliation where all Queenslanders are equal.

124 Aboriginal people’s water needs in the Queensland Murray–Darling Basin The Queensland Government is investing in initiatives to help close the gap between Indigenous and non-Indigenous Queenslanders in life expectancy, health, education and employment outcomes. For example, in the 2017–18 Budget, $25.7 million was invested in a range of initiatives, including skills training, education scholarships, a Youth Employment Program in various centres including Toowoomba, preserving language, and assisting Aboriginal and Torres Strait Islander people to reconnect with their past, families and culture.

The Reconciliation Action Plan 2018–2021 specifies actions, governance, progress tracking and reporting. Refer to the following website for further information: https://www.datsip.qld.gov.au/publications-governance-resources/policy- governance/reconciliation-action-plan

12 Aboriginal and Torres Strait Islander Cultural Capability Action Plan 2017–2020 The Queensland Government’s Aboriginal and Torres Strait Islander Cultural Capability Action Plan 2017–2020 provides the strategic direction for Queensland Government agencies’ cultural capability planning. The plan aligns with the Queensland Government Aboriginal and Torres Strait Islander Cultural Capability Framework, which seeks to provide efficient, effective and responsive services to Aboriginal peoples and Torres Strait Islander peoples by ensuring their perspectives are an inherent part of core business across all agencies. The Queensland Government Aboriginal and Torres Strait Islander Cultural Capability Framework is underpinned by five principles: (1) valuing culture (2) leadership and accountability (3) building cultural capability to improve economic participation (4) engagement with Aboriginal peoples and Torres Strait Islander peoples and businesses (5) culturally responsive systems and services.

As part of actions by the Department of Environment and Science to improve cultural capability within the organisation, a new cultural capability training module, ‘Starting the Journey’ was developed, which is mandatory for all staff. The module enables staff to learn more about Aboriginal and Torres Strait Islander cultures and the importance of respecting and acknowledging everybody’s culture.

For further information on the Queensland Government’s Aboriginal and Torres Strait Islander Cultural Capability Action Plan 2017–2020, refer to the following website: https://www.premiers.qld.gov.au/publications/categories/plans/cultural- capability-action-plan.aspx

125 Appendix G – Queensland Water Resource Plan Index Part 14, Chapter 10 requirements

Excerpt from the Queensland Border Rivers and Moonie Water Resource Plan Chapter 5 Index: Part 14 Indigenous Values and Uses

A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section referred instruments s10.04(4)(a) s10.04(4)(a) s10.04(2) and s10.04(4)(b)

10.52 Objectives (1) (a) Identify objectives of The objectives of Aboriginal people in relation Water Connections report and outcomes Indigenous people in relation to to managing the water resources of the water • Section 4.4 Objectives of Aboriginal based on managing the water resources of resource plan area are described in the Water people for water management Indigenous values the WRP area Connections report. and uses

The objectives for Aboriginal social, spiritual and Healthy Waters Management Plan cultural values and uses of water, developed (Queensland Border Rivers and through consultation, are described in the Moonie River Basins) Healthy Waters Management Plan (Queensland • Section 3.2.5 Objective and outcome Border Rivers and Moonie River Basins). for Aboriginal cultural, spiritual and ceremonial values and uses of water. There is an overarching objective for Aboriginal • Section 4.5 Consultation – Aboriginal cultural, spiritual and ceremonial values and Nations uses of water, accompanied by additional Aboriginal objectives identified through • Section 9.3 Aboriginal objectives and outcomes from consultation consultation.

(1) (b) Identify outcomes for the The desired outcomes for the management Water Connections report management of water resources of of water resources by Aboriginal people are • Section 4.5 Outcomes desired the WRP area that are desired by described in the Water Connections report, by Aboriginal people for water Indigenous people which drew on extensive consultation. management

The Queensland Water Plan (Border Rivers Water Plan (Border Rivers and Moonie) and Moonie) 2018 includes cultural outcomes 2019 that have been distilled from those outcomes • Section 20: General water plan described in the Water Connections report. outcomes • Section 21: Water plan outcomes— economic • Section 23: Water plan outcomes— cultural

The outcomes for Aboriginal social, spiritual Healthy Waters Management Plan and cultural values and uses of water were (Queensland Border Rivers and identified through consultation with Traditional Moonie River Basins) Owners and are described in the Healthy • Section 3.2.5 Objective and outcome Waters Management Plan (Queensland Border for Aboriginal cultural, spiritual and Rivers and Moonie River Basins). There is an ceremonial values and uses of water. overarching outcome for Aboriginal cultural, • Section 4.5 Consultation – Aboriginal spiritual and ceremonial values and uses of Nations water, accompanied by additional Aboriginal • Section 9.3 Aboriginal objectives and outcomes identified through consultation. outcomes from consultation

126 Aboriginal people’s water needs in the Queensland Murray–Darling Basin A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section referred instruments s10.04(4)(a) s10.04(4)(a) s10.04(2) and s10.04(4)(b)

(2) (a) Have regard to the social, The values and uses of Aboriginal water as Water Connections report spiritual and cultural values of they relate to water resources are identified • Section 4 Information discussed with Indigenous people that relate to the in the Water Connections report (section 4.1). Aboriginal people water resources of the WRP area This overarching list of values and uses is a • Section 5 How the plans were consolidation of the values and uses identified developed (2) (b) Have regard to the social, in consultation with the Aboriginal Nations in the spiritual and cultural uses of the plan area. • Section 6 Final Condamine and water resources by Indigenous Balonne and Border Rivers and Moonie Water Plans people Regard to values and uses was had in identifying the objectives and outcomes for water management, and is demonstrated in the Water Connections report in the following ways: • Linking values and uses to ecological assets and functions where relevant (section 4.2) • Risks to Aboriginal values and uses of water (section 4.3) • Table linking objectives for water management to values and uses (section 4.4) • Table linking outcomes of water management to values and uses (section 4.5) • Explanation of how information collected in consultation, including values and uses, informed the development of plans (section 5) • Final water plan outcomes show the results of how values and uses have been given regard (section 6)

The Water Plan includes cultural outcomes that Water Plan (Border Rivers and Moonie) were developed by considering the Aboriginal 2019 values and uses of water and the objectives • Section 20: General water plan and outcomes of Aboriginal people for water outcomes management. • Section 21: Water plan outcomes— economic The Queensland Water Plan also includes: • Section 23: Water plan outcomes— • specific measures to contribute to achieving cultural the cultural outcomes • Part 4: Measures for achieving water • flow objectives and performance indicators plan outcomes that relate to specific values and uses • Part 5 Objectives and performance • unallocated water reserved under the indicators plan, proportions of which are reserved for • Section 43 Unallocated water reserved Aboriginal or community use (described under this plan within the water management protocol). • Schedule 1 Plan area and nodes • Schedule 7 Environmental flow objectives and performance indicators

The Border Rivers and Moonie Water Border Rivers and Moonie Water Management Protocol specifies the purposes Management Protocol and volumes of unallocated water reserves for • Section 13 Availability of reserves Aboriginal or community use. • Attachment 8 Availability of unallocated water

127 A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section referred instruments s10.04(4)(a) s10.04(4)(a) s10.04(2) and s10.04(4)(b)

The Healthy Waters Management Plan Healthy Waters Management Plan (Queensland Border Rivers and Moonie River (Queensland Border Rivers and Basins) demonstrates how regard was given to Moonie River Basins) the social, spiritual and cultural values and uses • Section 3.2.5 Objective and outcome of water resources that were identified through for Aboriginal cultural, spiritual and extensive consultation with Traditional Owners. ceremonial values and uses of water. • Section 4.5 Consultation – Aboriginal Section 3.2.5 establishes the overarching Nations objective and outcome for Aboriginal cultural, spiritual and ceremonial values and uses of • Section 5 – Table 12 Environmental values for the Border Rivers and water, accompanied by additional Aboriginal Moonie River basin surface waters and objectives and outcomes from consultation groundwaters. outlined in Section 9.3. • Section 5 – Figure 16-19 and Figure 25): Environmental values that apply to the Section 4 of the HWMP (Queensland Border surface waters and groundwaters in Rivers and Moonie River Basins) details the each sub-region for the Border Rivers consultation that was conducted with people and Moonie River Basins. of the Aboriginal Nations in the plan area • Section 9.2 Aboriginal people’s values to determine values and uses of water, and and uses of water from consultation. how these values and uses were considered in establishing environmental values and • Section 9.3 Aboriginal objectives and outcomes from consultation associated water quality targets across the Queensland Border Rivers and Moonie River Basins.

Section 5 of the HWMP (Queensland Border Rivers and Moonie River Basins) details the environmental values of water, which includes the social, spiritual, cultural and ceremonial values of water, as informed by people of the Aboriginal Nations in the plan area.

Section 9 of the HWMP (Queensland Border Rivers and Moonie River Basins) details the values and uses of water resources as informed by people of the Aboriginal Nations in the plan area.

(3) Identify opportunities to The Water Connections report includes an Water Connections report strengthen the protection of appendix that identifies further opportunities to • Appendix E Opportunities to Indigenous values and uses in strengthen the protection of Aboriginal values strengthen the protection of Aboriginal accordance with the objectives and and uses. A subset of these opportunities to values and uses outcomes strengthen the protection of Aboriginal values and uses of water, as explained in Appendix E of the Water Connections report, are also included in the Healthy Waters Management Plan.

128 Aboriginal people’s water needs in the Queensland Murray–Darling Basin A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section referred instruments s10.04(4)(a) s10.04(4)(a) s10.04(2) and s10.04(4)(b)

The Healthy Waters Management Plan Healthy Waters Management Plan (Queensland Border Rivers and Moonie River (Queensland Border Rivers and Basins) identifies opportunities to strengthen Moonie River Basins) the protection of Aboriginal people’s values and • Section 3.2.5 Objective and outcome uses that are relevant to the content of a healthy for Aboriginal cultural, spiritual and waters management plan. These were designed ceremonial values and uses of water. to address the risks to Aboriginal people’s values • Section 9.3 Aboriginal objectives and and uses of water, and are consistent with the outcomes from consultation identified objectives and outcomes. • Section 9.4 Risks to Aboriginal peoples’ values and uses of water identified through consultation • Section 9.5 Opportunities to strengthen the protection of Aboriginal people’s values and uses of water under the HWMP.

10.53 Consultation (1) A water resource plan must The Queensland Government gave regard to Water Connections report and preparation of be prepared having regard to Aboriginal views on Native Title, Indigenous • Section 3 Engagement with Aboriginal water resource plan the views of relevant Indigenous Land Use Agreements and Aboriginal heritage in people organisations with respect to the the development of the draft water plans. This is • Section 4 Aboriginal values and uses matters identified under section explained in Box 9 in section 4 and section 4.1.7 (Box 9: Considering views on Native 10.52 and the following matters: in the Water Connections report. Title rights and claims and Indigenous Land Use Agreements (a) native title rights, native title Section 3 of the Water Connections report • Section 4.1.7 Cultural sites claims and Indigenous Land Use summarises the consultation approach taken Agreements provided for by the by the Queensland Government. The approach • Section 4.4 Objectives of Aboriginal Native Title Act 1993 in relation to includes how Aboriginal people were identified people for water management the water resources of the water and involved throughout the planning process • Section 4.3 Risks to Aboriginal values resource plan area; and how the consultation was planned and then and uses of water undertaken in collaboration with the individual • Section 5.1.1, Table 5: Aboriginal (b) registered Aboriginal heritage Aboriginal Nations in the plan area. objectives and outcomes and how they relating to the water resources of can be dealt with in water plans and the water resource plan area; As part of the consultation, social, cultural, healthy waters management plans spiritual and customary objectives were raised (c) inclusion of Indigenous by participants and identified in the report representation in the preparation (section 4.4). A process was undertaken to and implementation of the plan; determine whether the objectives could be dealt with in the Water Plans or Healthy Waters (d) Indigenous social, cultural, Management Plans (Table 5 section 5.1.1). spiritual and customary objectives, and strategies for achieving these Risks to the identified values and uses of water objectives; were raised by participants in the consultation meetings. Risks from the meetings with (e) encouragement of active Aboriginal Nations were consolidated and and informed participation of summarised in section 4.3 of the report. These Indigenous people; risks were also included in the risk assessment and risk management process undertaken (f) risks to Indigenous values and for all users and the environment in line with Indigenous uses arising from the requirements of Chapter 4, Part 2 and Chapter use and management of the water 10, Part 9 of the Basin Plan. resources of the water resource plan area.

129 A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section referred instruments s10.04(4)(a) s10.04(4)(a) s10.04(2) and s10.04(4)(b)

A qualitative risk assessment was conducted Border Rivers and Moonie Risk for the Border Rivers and Moonie catchments assessment report having regard to current and future risks to the • Section 1.1 Purpose condition and continued availability of water resources in the WRP area, addressing the risks • Chapter 3 Risk assessment methodology identified in section 4.02 and 10.20(1) of the Basin Plan. This risk assessment included the • Chapter 6 Assessment of Aboriginal risks to Aboriginal values and uses identified in values and uses consultation. • Appendix 5 Aboriginal values and uses: Register of risks The methodology of the risk assessment is • Chapter 1.2, Table 1. Risks assessed in described in the Border Rivers and Moonie Risk each risk assessment themes provided Assessment report. The specific information in the Register of Risks (Appendix 1- 8) used to assess each risk in each catchment and applicable Basin Plan requirement of the plan area is described in the Register addressed of Risks attached to the report, as well as the uncertainties surrounding the level of risk.

The Register of Risks is included as part of the accredited WRP and contains a consolidated list of all risks identified for the purposes of s 10.41(1), including (where relevant) those identified in s 10.41(2). Appendix 5 is the register of risks to Aboriginal values and uses.

Risk management strategies for the medium Border Rivers and Moonie Risk and high risks to Aboriginal values and uses of management report water are identified in Appendix 7 of the Risk Management Report. • Appendix 7 Aboriginal values and uses – Risk management strategies

The Healthy Waters Management Plan Healthy Waters Management Plan (Queensland Border Rivers and Moonie River (Queensland Border Rivers and Basins) was prepared having regard to the views Moonie River Basins) of relevant Indigenous organisations. • Section 4.5 Consultation – Aboriginal Nations. • Section 9 Aboriginal people’s values and uses of water addressed under a healthy waters management plan.

(2) In this section, registered No requirement stated. Registered Aboriginal Not applicable Aboriginal heritage means heritage will be included in the Water Aboriginal heritage registered or Connections report. listed under a law of a Basin State or the Commonwealth that deals with the registration or listing of Aboriginal heritage (regardless of whether the law deals with the listing of other heritage).

130 Aboriginal people’s water needs in the Queensland Murray–Darling Basin A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section referred instruments s10.04(4)(a) s10.04(4)(a) s10.04(2) and s10.04(4)(b)

10.54 Cultural flows A water resource plan must be Aboriginal people’s views about cultural flows Water Connections report prepared having regard to the views were discussed in consultation with Aboriginal • Section 4.1.6, Box 11: Cultural flows of Indigenous people with respect people as well as part of the National Cultural to cultural flows. Flows Research Project, as demonstrated in • Section 4.1.6, Box 12: National Cultural Flows Research Project Boxes 11 and 12 in section 4.1.6 of the Water Connections report.

10.55 Retention of A water resource plan must The Water Act 2000 (Qld) provides Traditional Water Act 2000 (Qld) current protection provide at least the same level of Owners with the authority to take water for • Section 95: Aboriginal and Torres Strait protection of Indigenous values and traditional activities or cultural purposes. This Islander parties Indigenous uses as provided in: amendment reflects the legislative authority provided in the Native Title Act 1993 (Cth). (a) a transitional water resource plan for the water resource plan area; or

(b) an interim water resource plan for the water resource plan area.

The draft Queensland water plans include Water Plan (Border Rivers and Moonie) relevant performance indicators and 2019 environmental flow objectives that maintain at least the same level of protection of Aboriginal • Part 4 Measures to achieve water plan outcomes values and uses. • Part 5 Objectives and performance Overarching water plan strategies and rules work indicators to protect values and uses through the following: • Part 6 Garden size and volume of water for watering • Decisions must not increase water take • Part 7 Particular decisions about • Decisions must be consistent with the allocation or management of water environmental flow objectives which cover a range of flow components from no flow to • Part 8 Limitations on taking or floodplain inundation interfering with water • Monitoring and reporting requirements • Section 43 Unallocated water reserved under this plan For example, cultural outcome in section 23 • Schedule 1 Plan area and nodes aims to maintain flows of water to support the • Schedule 7 Environmental flow water-related cultural, spiritual and social values objectives and performance indicators of Aboriginal people. This outcome is achieved through the measures, rules and flow objectives of the water plan and water management protocol.

Unallocated water volumes are reserved under the water plans, the reserve available for take for cultural purposes is described within the water management protocols.

The water management protocol sets out Border Rivers and Moonie Water the unallocated water which is available for Management Protocol Aboriginal communities. • Section 13 Availability of reserves • Attachment 8 Availability of unallocated water

131 A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section referred instruments s10.04(4)(a) s10.04(4)(a) s10.04(2) and s10.04(4)(b)

Section 6.1 of the Water Connections report Water Connections report shows the final outcomes for the water plans • Section 6.1 Final plan outcomes that relate to Aboriginal values and uses. • Section 6, Box 17: Retention of current protection of Aboriginal values and Box 17 in section 6 demonstrates how the water uses of water plan has provided a higher level of protection that under the previous plan.

Column C of Appendix E identifies all associated Water Resource Plan (Border Rivers- rules and arrangements relating to planned Moonie) environmental water in the 2019 WRP package. PEW contributes to the environmental assets Appendix E Comparison of rules and deemed important by Aboriginal communities arrangements for planned environmental (see Water connections reference) and therefore water (Column C). is relevant under this requirement. The arrangements include consideration of rules set out in the Water Plan, Water Management Protocol and other management documents.

132 Aboriginal people’s water needs in the Queensland Murray–Darling Basin Excerpt from the Queensland Condamine and Balonne Water Resource Plan Chapter 5 Index: Part 14 Indigenous Values and Uses

A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section s10.04(4)(a) referred instruments s10.04(4)(a) s10.04(2) and s10.04(4)(b)

10.52 Objectives (1) (a) Identify objectives of The objectives of Aboriginal people in relation Water Connections report and outcomes Indigenous people in relation to to managing the water resources of the water • Section 4.4 Objectives of Aboriginal based on managing the water resources of resource plan area are described in the Water people for water management Indigenous values the WRP area Connections report. and uses

The objectives for Aboriginal social, spiritual and Healthy Waters Management Plan cultural values and uses of water, developed (Condamine River Basin) through consultation, are described in the • Section 3.2.5 Objective and outcome Healthy Waters Management Plan Condamine for Aboriginal cultural, spiritual and River Basin, and the Healthy Waters Management ceremonial values and uses of water. Plan Maranoa and Balonne River Basin • Section 4.5 Consultation – Aboriginal Nations There is an overarching objective for Aboriginal cultural, spiritual and ceremonial values and • Section 9.3 Aboriginal objectives and outcomes from consultation uses of water, accompanied by additional Aboriginal objectives identified through Healthy Waters Management Plan consultation in each healthy waters management (Maranoa and Balonne River Basins) plan. • Section 3.2.5 Objective and outcome for Aboriginal cultural, spiritual and ceremonial values and uses of water. • Section 4.5 Consultation – Aboriginal Nations • Section 9.3 Aboriginal objectives and outcomes from consultation

(1) (b) Identify outcomes for the The desired outcomes for the management Water Connections report management of water resources of of water resources by Aboriginal people are • Section 4.5 Outcomes desired the WRP area that are desired by described in the Water Connections report, by Aboriginal people for water Indigenous people which drew on extensive consultation. management

The Queensland Water Plan (Border Rivers Water Plan (Condamine and Balonne) and Moonie) 2018 includes cultural outcomes 2019 that have been distilled from those outcomes • Section 18 General water plan described in the Water Connections report. outcomes • Section 19: Water Plan outcomes – economic • Section 21 Water plan outcomes – cultural

The outcomes for Aboriginal social, spiritual Healthy Waters Management Plan and cultural values and uses of water were Condamine River Basin identified through consultation with Traditional • Section 3.2.5 Objective and outcome Owners and are described in the Healthy Waters for Aboriginal cultural, spiritual and Management Plan Condamine River Basin, and ceremonial values and uses of water. the Healthy Waters Management Plan Maranoa • Section 4.5 Consultation – Aboriginal and Balonne River Basin. Nations

There is an overarching outcome for Aboriginal • Section 9.3 Aboriginal objectives and outcomes from consultation. cultural, spiritual and ceremonial values and uses of water, accompanied by additional • Healthy Waters Management Plan Aboriginal outcomes identified through Maranoa and Balonne River Basin consultation in each healthy waters management • Section 3.2.5 Objective and outcome plan. for Aboriginal cultural, spiritual and ceremonial values and uses of water. • Section 4.5 Consultation – Aboriginal Nations • Section 9.3 Aboriginal objectives and outcomes from consultation. 133 A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section s10.04(4)(a) referred instruments s10.04(4)(a) s10.04(2) and s10.04(4)(b)

(2) (a) Have regard to the social, The values and uses of Aboriginal water as Water Connections report spiritual and cultural values of they relate to water resources are identified • Section 4 Information discussed with Indigenous people that relate to the in the Water Connections report (section 4.1). Aboriginal people water resources of the WRP area This overarching list of values and uses is a • Section 5 How the plans were consolidation of the values and uses identified developed (2) (b) Have regard to the social, in consultation with the Aboriginal Nations in the spiritual and cultural uses of the plan area. • Section 6 Final Condamine and water resources by Indigenous Balonne and Border Rivers and Moonie Water Plans people Regard to values and uses was had in identifying the objectives and outcomes for water management, and is demonstrated in the Water Connections report in the following ways: • Linking values and uses to ecological assets and functions where relevant (section 4.2) • Risks to Aboriginal values and uses of water (section 4.3) • Table linking objectives for water management to values and uses (section 4.4) • Table linking outcomes of water management to values and uses (section 4.5) • Explanation of how information collected in consultation, including values and uses, informed the development of plans (section 5) • Final water plan outcomes show the results of how values and uses have been given regard (section 6)

The Water Plan includes cultural outcomes Water Plan (Condamine and Balonne) and a general outcome that were developed 2019 by considering the Aboriginal values and uses • Section 18 General water plan of water and the objectives and outcomes of outcomes Aboriginal people for water management. • Section 19 Water plan outcomes – economic The Queensland Water Plan also includes: • Section 21 Water plan outcomes – • specific measures to contribute to achieving cultural the cultural outcomes • Part 4 Measures for achieving water • flow objectives and performance indicators plan outcomes that relate to specific values and uses • Part 5 Objectives and performance • unallocated water reserved under the indicators plan, proportions of which are reserved for • Section 41 Unallocated water reserved Aboriginal or community use (described under this plan within the water management protocol). • Schedule 1 Plan area and nodes • Schedule 7 Environmental flow objectives and performance indicators

The Condamine and Balonne Water Management Condamine and Balonne Water Protocol specifies the purposes and volumes Management Protocol of unallocated water reserves for Aboriginal or • Section 11 Availability of reserves community use. • Attachment 20 Availability of unallocated water

134 Aboriginal people’s water needs in the Queensland Murray–Darling Basin A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section s10.04(4)(a) referred instruments s10.04(4)(a) s10.04(2) and s10.04(4)(b)

The Healthy Waters Management Plan Healthy Waters Management Plan Condamine River Basin, and the Healthy Waters Condamine River Basin Management Plan Maranoa and Balonne River • Section 3.2.5 Objective and outcome Basin (HWMPs) demonstrate how regard was for Aboriginal cultural, spiritual and given to the social, spiritual and cultural values ceremonial values and uses of water. and uses of water resources that were identified • Section 4.5 Consultation – Aboriginal through extensive consultation with Traditional Nations Owners. • Section 5 Social, economic, cultural and environmental values and uses – Section 3.2.5 in each healthy waters Table 10 Environmental values for the management plan establishes the overarching Condamine River Basin surface waters objective and outcome for Aboriginal cultural, and groundwaters. spiritual and ceremonial values and uses of • Section 5 Social, economic, cultural water, accompanied by additional Aboriginal and environmental values and uses objectives and outcomes from consultation – Figure 16-24 Environmental values outlined in Section 9.3 of each healthy waters that apply to the surface waters and management plan. groundwaters in each sub-region for the Condamine River Basin. Section 4 of the HWMPs details the consultation • Section 9.2 Aboriginal people’s values that was conducted with people of the Aboriginal and uses of water from consultation. Nations in the plan area to determine values and • Section 9.3 Aboriginal objectives and uses of water, and how these values and uses outcomes from consultation were considered in establishing environmental values and associated water quality targets Healthy Waters Management Plan across the Condamine and Maranoa-Balonne Maranoa and Balonne River Basin region. • Section 3.2.5 Objective and outcome for Aboriginal cultural, spiritual and Section 5 of the HWMP details the environmental ceremonial values and uses of water. values of water, which includes the social, spiritual, cultural and ceremonial values of water, • Section 4.5 Consultation – Aboriginal Nations as informed by Indigenous people. • Section 5 Social, economic, cultural Section 9 of the HWMP details the values and environmental values and uses – and uses of water resources as informed by Table 13: Environmental values for the Maranoa and Balonne River Basin. Indigenous people. • Section 5 Social, economic, cultural and environmental values and uses – Figure 16-25: Environmental values that apply to the surface waters and groundwaters in each sub-region for the Maranoa and Balonne River Basin. • Section 9.2 Aboriginal people’s values and uses of water from consultation. • Section 9.3 Aboriginal objectives and outcomes from consultation

(3) Identify opportunities to The Water Connections report includes an Water Connections report strengthen the protection of appendix that identifies further opportunities to • Appendix E Opportunities to Indigenous values and uses in strengthen the protection of Aboriginal values strengthen the protection of Aboriginal accordance with the objectives and and uses. values and uses outcomes A subset of these opportunities to strengthen the protection of Aboriginal values and uses of water, as explained in Appendix E of the Water Connections report, are also included in the Healthy Waters Management Plans for the plan area.

135 A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section s10.04(4)(a) referred instruments s10.04(4)(a) s10.04(2) and s10.04(4)(b)

The Healthy Waters Management Plan Healthy Waters Management Plan Condamine River Basin, and the Healthy Waters Condamine River Basin Management Plan Maranoa and Balonne River • Section 3.2.5 Objective and outcome Basin identifies opportunities to strengthen the for Aboriginal cultural, spiritual and protection of Aboriginal people’s values and ceremonial values and uses of water. uses that are relevant to the content of a healthy • Section 9.3 Aboriginal objectives and waters management plan. These were designed outcomes from consultation to address the risks to Aboriginal people’s values • Section 9.4 Risks to Aboriginal people’s and uses of water, and are consistent with the values and uses identified through identified objectives and outcomes. consultation. • Section 9.5 Opportunities to strengthen the protection of Aboriginal people’s values and uses of water under the HWMP.

Healthy Waters Management Plan Maranoa and Balonne River Basin • Section 3.2.5 Objective and outcome for Aboriginal cultural, spiritual and ceremonial values and uses of water. • Section 9.3 Aboriginal objectives and outcomes from consultation • Section 9.4 Risks to Aboriginal people’s values and uses identified through consultation. • Section 9.5 Opportunities to strengthen the protection of Aboriginal people’s values and uses of water under the HWMP.

136 Aboriginal people’s water needs in the Queensland Murray–Darling Basin A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section s10.04(4)(a) referred instruments s10.04(4)(a) s10.04(2) and s10.04(4)(b)

10.53 Consultation (1) A water resource plan must The Queensland Government gave regard to Water Connections report and preparation of be prepared having regard to Aboriginal views on Native Title, Indigenous • Section 3 Engagement with Aboriginal water resource plan the views of relevant Indigenous Land Use Agreements and Aboriginal heritage in people organisations with respect to the the development of the draft water plans. This is • Section 4 Aboriginal values and uses matters identified under section explained in Box 9 in section 4 and section 4.1.7 (Box 9: Considering views on Native 10.52 and the following matters: in the Water Connections report. Title rights and claims and Indigenous Land Use Agreements (a) native title rights, native title Section 3 of the Water Connections report • Section 4.1.7 Cultural sites claims and Indigenous Land Use summarises the consultation approach taken Agreements provided for by the by the Queensland Government. The approach • Section 4.4 Objectives of Aboriginal Native Title Act 1993 in relation to includes how Aboriginal people were identified people for water management the water resources of the water and involved throughout the planning process • Section 4.3 Risks to Aboriginal values resource plan area; and how the consultation was planned and then and uses of water undertaken in collaboration with the individual • Section 5.1.1, Table 5: Aboriginal (b) registered Aboriginal heritage Aboriginal Nations in the plan area. objectives and outcomes and how they relating to the water resources of can be dealt with in water plans and the water resource plan area; As part of the consultation, social, cultural, healthy waters management spiritual and customary objectives were raised (c) inclusion of Indigenous by participants and identified in the report representation in the preparation (section 4.4). A process was undertaken to and implementation of the plan; determine whether the objectives could be dealt with in the Water Plans or Healthy Waters (d) Indigenous social, cultural, Management Plans (Table 5 section 5.1.1). spiritual and customary objectives, and strategies for achieving these Risks to the identified values and uses of water objectives; were raised by participants in the consultation meetings. Risks from the meetings with (e) encouragement of active Aboriginal Nations were consolidated and and informed participation of summarised in section 4.3 of the report. These Indigenous people; risks were also included in the risk assessment and risk management process undertaken (f) risks to Indigenous values and for all users and the environment in line with Indigenous uses arising from the requirements of Chapter 4, Part 2 and Chapter use and management of the water 10, Part 9 of the Basin Plan. resources of the water resource plan area.

137 A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section s10.04(4)(a) referred instruments s10.04(4)(a) s10.04(2) and s10.04(4)(b)

A qualitative risk assessment was conducted Condamine and Balonne Risk for the Condamine-Balonne catchments assessment report having regard to current and future risks to the • Section 1.1 Purpose condition and continued availability of water resources in the WRP area, addressing the risks • Chapter 3 Risk assessment methodology identified in section 4.02 and 10.20(1) of the Basin Plan. This risk assessment included the • Chapter 6 Assessment of Aboriginal risks to Aboriginal values and uses identified in values and uses consultation. • Appendix 5 Aboriginal values and uses: Register of risks The methodology of the risk assessment is • Table 1. Risks assessed in each risk described in the Condamine and Balonne Risk assessment themes provided in the Assessment report. The specific information Register of Risks (Appendix 1- 8) and used to assess each risk in each catchment applicable Basin Plan requirement of the plan area is described in the Register addressed of Risks attached to the report, as well as the uncertainties surrounding the level of risk.

The Register of Risks is included as part of the accredited WRP and contains a consolidated list of all risks identified for the purposes of s 10.41(1), including (where relevant) those identified in s 10.41(2). Appendix 5 is the register of risks to Aboriginal values and uses.

Risk management strategies for the medium Condamine and Balonne Risk and high risks to Aboriginal values and uses of management report water are identified in Appendix 7 of the Risk Management Report. Appendix 7 Aboriginal values and uses – Risk management strategies

The Healthy Waters Management Plan Healthy Waters Management Plan Condamine River Basin, and the Healthy Waters Condamine River Basin Management Plan Maranoa and Balonne River • Section 4.5 Consultation – Aboriginal Basin was prepared having regard to the views of Nations. relevant Indigenous organisations. • Section 9 Aboriginal people’s values and uses of water addressed under a healthy waters management plan.

Healthy Waters Management Plan Maranoa and Balonne River Basin • Section 4.5 Consultation – Aboriginal Nations. • Section 9 Aboriginal people’s values and uses of water addressed under a healthy waters management plan.

(2) In this section, registered No requirement stated. Registered Aboriginal Not applicable Aboriginal heritage means heritage will be included in the updated version Aboriginal heritage registered or of the Aboriginal Water Needs report. listed under a law of a Basin State or the Commonwealth that deals with the registration or listing of Aboriginal heritage (regardless of whether the law deals with the listing of other heritage).

138 Aboriginal people’s water needs in the Queensland Murray–Darling Basin A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section s10.04(4)(a) referred instruments s10.04(4)(a) s10.04(2) and s10.04(4)(b)

10.54 Cultural flows A water resource plan must be Aboriginal people’s views about cultural flows Water Connections report prepared having regard to the views were discussed in consultation with Aboriginal • Section 4.1.6, Box 11: Cultural flows of Indigenous people with respect people as well as part of the National Cultural to cultural flows. Flows Research Project, as demonstrated in • Section 4.1.6, Box 12: National Cultural Flows Research Project Boxes 11 and 12 in section 4.1.6 of the Water Connections report.

10.55 Retention of A water resource plan must The Water Act 2000 (Qld) provides Traditional Water Act 2000 (Qld) current protection provide at least the same level of Owners with the authority to take water for • Section 95: Aboriginal and Torres Strait protection of Indigenous values and traditional activities or cultural purposes. This Islander parties Indigenous uses as provided in: amendment reflects the legislative authority provided in the Native Title Act 1993 (Cth). (a) a transitional water resource plan for the water resource plan area; or

(b) an interim water resource plan for the water resource plan area.

The draft Queensland water plans include Water Plan (Condamine and Balonne) relevant performance indicators and 2019 environmental flow objectives that maintain at • Part 4 Measures for achieving water least the same level of protection of Aboriginal plan outcomes values and uses. • Part 5 Objectives and performance indicators Overarching water plan strategies and rules work to protect values and uses through the following: • Part 6 Garden size and volume of water for watering • Decisions must not increase water take • Part 7 Particular decisions about • Decisions must be consistent with the allocation or management of water environmental flow objectives which cover • Part 8 Limitations on taking or a range of flow components from no flow to interfering with water floodplain inundation • Section 41 Unallocated water reserved • Monitoring and reporting requirements under this plan For example, cultural outcome in section 21(b) • Schedule 1 Plan area and nodes aims to maintain flows of water to support the • Schedule 7 Environmental flow water-related cultural, spiritual and social values objectives and performance indicators of Aboriginal people. This outcome is achieved through the measures, rules and flow objectives of the water plan and water management protocol.

Unallocated water volumes are reserved under the water plans, the reserve available for take for cultural purposes is described within the water management protocols.

139 A – B – C – D – Basin Plan Basin Plan requirements Statement – Accredited text Accredited text in section s10.04(4)(a) referred instruments s10.04(4)(a) s10.04(2) and s10.04(4)(b)

The water management protocol sets out Condamine and Balonne Water the unallocated water which is available for Management Protocol Aboriginal communities. • Section 11 Availability of reserves • Attachment 20 Availability of unallocated water

Section 6.1 of the Water Connections report Water Connections report shows the final outcomes for the water plans • Section 6.1 Final plan outcomes that relate to Aboriginal values and uses. • Section 6, Box 17: Retention of current protection of Aboriginal values and Box 17 in section 6 demonstrates how the water uses of water plan has provided a higher level of protection that under the previous plan.

Column C of Appendix E identifies all associated Water Resource Plan (Condamine- rules and arrangements relating to planned Balonne) environmental water in the 2019 WRP package. PEW contributes to the environmental assets Appendix E Comparison of rules and deemed important by Aboriginal communities arrangements for planned environmental (see Water connections reference) and therefore water (Column C). is relevant under this requirement. The arrangements include consideration of rules set out in the Water Plan, Water Management Protocol and other management documents.

140 Aboriginal people’s water needs in the Queensland Murray–Darling Basin References

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142 Aboriginal people’s water needs in the Queensland Murray–Darling Basin 143