Front cover image This fountain is situated in Tarndanyangga (Victoria Square), Adelaide City. The fountain was built to commemorate the 1963 visit of Queen Victoria’s great great grand-daughter, Elizabeth. It is important to look into the statue and discover the underlying themes, the connections to the region’s natural resources and more importantly the recognition of Aboriginal people and their spiritual beliefs.

The plaque at the base of the fountain reads:

The fountain theme is based on the three rivers from which Adelaide draws its water: The Murray - Aboriginal Man and Ibis The Torrens - Woman and Black Swan The Onkaparinga - Woman and Heron The Crown like upper basin recalls the 1963 Royal Visit.

Version 1 2007 ISBN 978-0-7590-1398-8 This document was funded by a regional partnership agreement between the State and Commonwealth Governments and the Adelaide Mount Lofty Ranges Natural Resources Management Board.

Disclaimer Insofar as this document draws conclusions or carries recommendations on proposals for future action, it must not be assumed from this document that it alone forms the entire or any part of policy of the Adelaide and Mount Lofty Ranges NRM Board. The Adelaide and Mount Lofty Ranges NRM Board and its employees disclaim all liability or responsibility to any person using the information or advice.

Rural Solutions SA and its employees do not warrant or make any representation regarding the use, or results of the use, of the information contained herein as regards to its correctness, accuracy, reliability, currency or otherwise. Rural Solutions SA and its employees expressly disclaim all liability or responsibility to any person using the information or advice.

© Four Nations NRM Governance Group Copyright and all intellectual property rights reserved cover this work unless permitted under the Copyright Act 1968 (Cwlth) No part may be reproduced by any process without prior written permission from the Four Nations NRM Governance Group. Requests and inquiries concerning reproduction and rights should be addressed to the General Manager of the Adelaide and Mount Lofty Ranges Natural Resources Management Board.

Government of Adelaide and Mount Lofty Ranges Natural Resources Management Board ©

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 2

Aboriginal_Engagement_version_14.indd 2 19/10/2007 4:46:11 PM ©

Four Nations NRM Governance Group Represented by the Represented by the Represented by Represented by the Red Kangaroo Peppermint Tree Pondie the Emu Murray Cod Saltwater associations represented by the Dolphin

This logo represents the coming together of the

Four Nations NRM Governance Group (FNGG) in the

Adelaide and Mt Lofty NRM region to work on NRM issues in a

collaborative partnership for the future of all concerned.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 3

Aboriginal_Engagement_version_14.indd 3 19/10/2007 4:46:13 PM Mount Lofty Board Foreword The active engagement and support of the community is vital to natural resources management (NRM) in the Adelaide and Mount Lofty Ranges Bioregion. Without meaningful relationships with the community and its other partners, the Adelaide and Mount Lofty Ranges Natural Resources Management Board will not be as successful as it needs to be in achieving better environmental heritage and conservation outcomes.

We recognise the ongoing deep and spiritual connection the Aboriginal people in our region have with their traditional lands and can learn much from them in integrating our service delivery and on-ground works. The Board aims to achieve this through the adoption of practices and protocols that recognise the spiritual and cultural beliefs of the Kaurna, Ngarrindjeri, Ngadjuri and Peramangk peoples.

This document sets out those protocols and thus highlights the intrinsic value of Aboriginal culture in natural resources management for Board policy, planning and strategic operational planning. It is an important and essential tool for everyone engaged in natural resources management and represents a significant investment by the Board, its four NRM Groups and the people of these four Aboriginal nations.

We acknowledge and respect the Aboriginal people of our region for their valuable contribution towards integrating natural resources management in the Adelaide and Mount Lofty Ranges.

We look forward to using this approach to support the Board and Aboriginal traditional owner first nation people’s to build effective relationships that will enable effective engagement in the consultation, planning and management of our precious natural resources.

I hope that the Board will build long and fruitful relationships with the Aboriginal nations in this region and that the relationship will be based on mutual respect and understanding, realistic expectations and open communication.

Yvonne Sneddon

Presiding Member Adelaide and Mount Lofty Ranges Natural Resources Management Board

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 4

Aboriginal_Engagement_version_14.indd 4 19/10/2007 4:46:14 PM Dedication

This document is dedicated to Aboriginal people past, present and future.

In memory of

Richard John Hunter

27th May 1948 – 7th October 2006

A valued contributor and leader of the Four Nations NRM Governance Group!

Richard was the first child of Harry Hunter and May Hunter (nee Richards). He was born at Swan Reach Mission and educated at Swan Reach Area School where he was Head Prefect, Sports Captain, Tennis Captain and Football Captain. On leaving school Richard took any work he could get, on fruit blocks to jackarooing, before joining the railway where he rose to be Head Ganger with 24 men under him. On leaving the railway Richard joined the Mannum Council as Gardener and stayed until his love of archaeology led him to University to achieve his dream. Archaeology took Richard all over the world, but the River was his home. In the last year of his life he achieved many things - Co-management of Ngaut Ngaut, SA Citizen of the year 2006, and two days before his death, the title to the land known as Sugar Shack was divested. This was his dream - Ngaut Ngaut safe, and land belonging to his people on the river. Richard will be sadly missed by his 12 children Sharon, Ivy, Geoffery, Rynald, Rebecca, Belinda, Phillip, Isobelle, Mavis, Samantha, Shannon, Stephanie and his many grandchildren.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 5

Aboriginal_Engagement_version_14.indd 5 19/10/2007 4:46:17 PM Contents

GENERAL SECTION Map of Aboriginal Australia 9 This document 10 Acknowledgements 10 Introduction 12 Principles of engagement 13 Terminology 14

KAURNA NATION Consultation & engagement protocols 18 Acknowledgements 19 Introduction 20 Cultural courtesy protocols 23 Tools of knowledge 28 In a historical context 35 Kaurna Yerta: our story 37 ancestral story 40 Kaurna contact 53

NGADJURI NATION Consultation & engagement protocols 54 Acknowledgements 55 Introduction 56 Protocols 57 Tools of knowledge 61 Eagle and Crow story 62 Ngadjuri contacts 71

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 6

Aboriginal_Engagement_version_14.indd 6 19/10/2007 4:46:19 PM PERAMANGK NATION Consultation & engagement protocols 72 Acknowledgements 73 Introduction 74 Tools of knowledge 80 Peramangk Contact 83 Current recognition of the Peramangk in the Hills 84

NGARRINDJERI NATION NRM Protocols and tools of knowledge 86 Acknowledgements 88 Ngarrindjeri concern for country 89 Ngarrindjeri vision for country 90 Ngarrinderi people and country 93 Thukeri story 95 Our history 96 Our future 102 Future management of Ngarrindjeri country 103 Opportunities for partnerships 121 Ngarrindjeri Contact 125 Proclamation of Ngarrindjeri Dominium 126

ADDITIONAL GENERAL INFORMATION Aboriginal cultural assets 134 Aboriginal heritage 135 The Aboriginal Heritage Act 1988 136 Understanding the Aboriginal Heritage Act 1988 137 Aboriginal heritage contact 147 Native title 148 Aboriginal flag 149 References for the entire document 150 Photo credits for the entire document 152

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 7

Aboriginal_Engagement_version_14.indd 7 19/10/2007 4:46:22 PM Map of Aboriginal Australia

stralia is a country con Au sist ing o f hu ndre ds of Aborigi nal nations.

The ancestors of each are celebrated and connected to rituals and stories relating to the stars, the plants, the animals, the landscapes and the water. They are part of a spiritual relationship to country that still exists today.

lating to cks re their tra by The d se te belie nec c fs are con rea tion and teachings.

Stories and songlines of walking, slithering, crawling, flying, chasing, hunting, weeping, dying and giving birth.

Their journeys and events that occurred as they travelled can be seen in the features across the country. These sites are places of spirituality from which the essence of lore and customs are embodied.

the links are that ape kee sc p nd Th la cred. ese the sa pa es in try thways a he featur un th nd t co e s king pirit ma and ancestors alive…

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 8

Aboriginal_Engagement_version_14.indd 8 19/10/2007 4:46:25 PM lating to cks re their tra by The d se te belie nec c fs are con rea tion and teachings.

Image Source: Australian Institute of Aboriginal and Torres Strait Islander Studies

It can be seen in the paintings, etchings, the songs that are sung and the languages that are spoken. Interwoven into the fabric of life, this is portray the bi the culture and the basis to understanding land ries rth sto e tenure systems thousands of years old. th e, b he people to nd t who me st a To ca xi kno w it e w the d ho at country is to understan th ts an pl of th the e land s and , its features, the animal b elon g and who are connected.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 9

Aboriginal_Engagement_version_14.indd 9 19/10/2007 4:46:27 PM This document

This document represents the combined knowledge and input of the four Nations

(Kaurna, Ngadjuri, Peramangk and Ngarrinderi), of the Adelaide and Mount Lofty NRM

Region. It has five components and is meant as a guide for practitioners in their field.

The Four Nations NRM Governance Group Consultation and Engagement Protocols

document consists of the following components:

• Introduction

• Kaurna protocols / Tools of knowledge

• Ngadjuri protocols / Tools of knowledge

• Peramangk protocols / Tools of knowledge

• Ngarrindjeri / Tools of knowledge

• General information

Use of this document will not guarantee a result sought by a particular investor or

program proponent. It is intended as a respectful guide that will help to achieve

outcomes.

Acknowledgements

We recognise the high level of commitment of the Kaurna, Peramangk, Ngadjuri and

Ngarrindjerri Aboriginal Nations in the development of this document. The information

within it has been identified and collated by particular people within each Nation

group.

The Indigenous Services Team of Rural Solutions SA has been working with the Adelaide and Mt Lofty Board and the Four Nations NRM Governance Group within the region since 2002. The production of this document reflects the significant investment by all those involved and the strong relationships that have developed.

The consultation and engagement protocols combined with the tools of knowledge information has been developed in a collaborative partnership.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 10

Aboriginal_Engagement_version_14.indd 10 19/10/2007 4:46:28 PM Rural Solutions SA has been providing advice, support and direction as needed by the Four Nations NRM Governance Group within the region, to become integrated into the NRM process that has been occurring.

The document is seen by all involved as a valuable way for NRM practitioners and all in the region to gain an understanding of the issues, history and how to work in an integrated manner to region’s with Aboriginal groups.

We congratulate the Four Nations NRM Governance Group and the Adelaide and Mt Lofty NRM Board on their vision and understanding in the development of this work.

Indigenous Services Team, Rural Solutions SA

Jason Downs David New Program Leader Senior Consultant

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 11

Aboriginal_Engagement_version_14.indd 11 19/10/2007 4:46:35 PM Introduction

The purpose of this document is to provide NRM Regional Boards and staff with an

understanding of some of the important protocols of the Aboriginal communities.

Program proponents wishing to consult with Aboriginal communities in regards to

natural resources management investment in the region are advised to use and follow

the processes outlined in this document.

Please note that this is not a complete list of protocols and staff should continue to

consult with Aboriginal Nation Groups representatives about how and when to observe

these and other protocols. It is important to recognise and understand that within this

document there are some similarities and differences between the Nation protocols.

These similarities and differences highlight the diversity between the Aboriginal Nation

groups of the region. It is important to note that each Nation has invested time and

effort into identifying and developing particular protocols that they see as being

important to their Nation.

An important part of showing respect for different cultures is acknowledging and

accepting that we have different codes of behavior and ways of interacting. Working

across cultures is not always easy and requires the patience, understanding and

commitment of both parties. While mistakes will inevitably be made the attempt to

observe the protocols of Aboriginal communities is appreciated by these communities,

and demonstrates a genuine commitment to and respect for Aboriginal culture,

heritage and environment.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 12

Aboriginal_Engagement_version_14.indd 12 19/10/2007 4:46:37 PM Principles of engagement

The following principles of engagement are a consensus of the FNGG. They outline

the agreed principles for all practitioners in the region:

1. Engage early in the processes of NRM The earlier that groups are involved in the processes of NRM, the more integrated and beneficial the outcomes will become. FNGG have an inherent understanding of country and there is much to be learned.

2. Mutual respect is beneficial respect Respect for these protocols and culture will lead to respect from the FNGG, and establish a positive relationship for the long term.

3. Acknowledgement creates understanding Acknowledging the FNGG and the processes underway reinforces the commitment required to integrate NRM.

4. Reciprocity can build integration Reciprocity will lead to integrated NRM with multiple benefits for the whole community.

5. Create realistic timeframes FNGG representatives have extensive commitments across a wide range of issues, and require consideration in their response time.

6. Building relationships is important Establishing understanding and working relationships can value add to NRM activities. NRM activities can enhance FNGG activities.

7. Create collaborative partnerships Collaboration builds integrated programs with multiple partners and other potential agency investors.

8. Awareness is the start of the process and is ongoing Awareness builds relationships that create opportunities for all participants in NRM and caring for country.

9. Culture is a part of NRM Culture is inherent in NRM. It has always been important and has the potential to add significant value to program outcomes.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 13

Aboriginal_Engagement_version_14.indd 13 19/10/2007 4:46:38 PM Terminology

Protocol

A protocol simply means a document that sets out a mutually agreed position on a

particular issue or issues.

Indigenous or Aboriginal

The terms Indigenous and Aboriginal are both acceptable in certain circumstances. It

is always appropriate to ask which term the community prefers.

Traditional owners or Custodian

The terms ‘traditional owner’ or ‘custodians’ are used when referring to Nation groups,

past and present, of an area. It is best to check with the elders in the community which

term they prefer.

Country

A Nations territory, land.

An Aboriginal depiction of country: ‘People talk about country in the same way they

talk about a person; they speak to country, sing to country, visit country, worry

about country, feel sorry for country and long for country. Country knows, hears,

smells, takes notice, and is sorry or happy. Because of this richness, country is

home. Peace and nourishment for the body, mind, spirit and eases the heart.’

Deborah Bird Rose Nourishing terrains.

Spiritual connections

Indigenous people have a unique relationship to land and waters of their country. This

relationship embraces a responsibility to look after the spiritual and environmental

wellbeing of country, including:

• acknowledging and paying respect to the spirit ancestors who created the land

and introduced customs and language.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 14

Aboriginal_Engagement_version_14.indd 14 19/10/2007 4:46:40 PM • responsibility to care for country and defined through traditional lore. Although

creation beliefs and customary practices vary greatly across Australia they are

all based on the journeys or pathways of ancestral being and events which took

place during the creation period.

Elder

A person who holds a high and respected position in the community.

A person of status who possesses specific skills and knowledge of cultural practices

and beliefs.

Welcoming visitors to country

This is a traditional practice of special significance. When an Aboriginal person visits

places in their country they may talk to the spirit ancestors of that place to identify

who they are and who is accompanying them. In some areas welcoming visitors may

take other forms – it could be a formal or informal welcome address or another type

of ceremony. Such ceremonies typically involve the use of fire, smoke or water.

Local groups each have their own customs and protocols about welcoming visitors

to their land. Traditional owners and communities take the role and responsibility

of welcoming visitors to their country very seriously. Aboriginal communities are

generally very happy to welcome travellers to their traditional land. They do this

with great pride as gaining recognition and respect for country and their role as

custodians is very important.

Being welcomed to country

At various places throughout South Australia there are times when traditional owners

may extend a welcome to visitors. The type of welcome offered will depend on the

individual or group involved. You may be welcomed in the form of a sign or brochure.

If you are invited onto Aboriginal land or into an Aboriginal community a personal

welcome may be extended by traditional owners.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 15

Aboriginal_Engagement_version_14.indd 15 19/10/2007 4:46:42 PM Acknowledgement of traditional lands or a welcome from a representative of the local

Indigenous group might also be included at the start of a major event or conference.

As a visitor being welcomed this is your chance to acknowledge and reflect on the

particular community on whose ancestral land you stand.

Acknowledgement of country

Acknowledgement of country is when people acknowledge and show respect for the

traditional owners of the land on which the event is taking place. This acknowledgement

is a sign of respect and should be conducted at the beginning of a meeting, event

or ceremony. Acknowledging country may also take place when traditional elders

are not available to provide an official welcome to country. It is important to note

in the acknowledgement that Aboriginal people continue to reside in the region or

stated area to which they have ongoing spiritual and cultural connections. It is best

to check with the elders in the community as to the wording of any acknowledgement

of country.

Natural Resources Management (NRM)

The protection and development of soil, water, geological features and landscapes, native

animals, native vegetation, native organisms and ecosystems for future benefit.

NRM activities

Any planning for on-ground works and or the act of on-ground works on and around

country. On-ground works activities include research, planning, capacity building and

information provision.

Capacity building

Raising the ability and understandings of all groups to be actively involved in planning

and delivery of outcomes.

Program proponents

People and or groups involved in the delivery of NRM outcomes.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 16

Aboriginal_Engagement_version_14.indd 16 19/10/2007 4:46:44 PM Cultural courtesy

Being respectful and respecting. This includes following social and cultural courtesies

where possible and appropriate. Appreciating the beliefs and cultural practices of

Aboriginal people in the region.

Stakeholders

Refers to people or groups who have a key interest in the process or processes

being discussed. In certain circumstances this term is considered inappropriate to

use and often offends when referring to Aboriginal groups. It is best to check with the

elders in the community which term they prefer.

Acronyms and initialisms

AARD Aboriginal Affairs and Reconciliation Division

ALT Aboriginal Lands Trust

AMLR Adelaide & Mount Lofty Ranges

DPC Department of the Premier and Cabinet

DWLBC Department of Water, Land and Biodiversity Conservation

FATSIL Federation of Aboriginal & Torres Strait Islanders Language

FNGG Four Nations NRM Governance Group

ILC Indigenous Lands Corporation

ILUA Indigenous Land User Agreements

INRM Integrated Natural Resources Management

MDB Murray-Darling Basin

NHT Natural Heritage Trust

PIRSA Primary Industries and Resources South Australia

RSSA Rural Solutions SA

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 17

Aboriginal_Engagement_version_14.indd 17 19/10/2007 4:46:46 PM KAURNA NATION

CONSULTATION & ENGAGEMENT PROTOCOLS

Victoria Square

© Rural Solutions SA 2007

0 12.5 25 50 75 100 Meters 1:1,750 ±

The kaurna shield represents a symbol of protection: four directions points north, south, east and west and the four markings represents the stages of life cycle.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 18

Aboriginal_Engagement_version_14.indd 18 19/10/2007 4:46:53 PM Acknowledgements

We recognise the involvement of the following Kaurna Nation members in the

development of The Kaurna Nation’s section:

Lynette Crocker Mt Lofty NRM Board & Kaurna Elder

Joe Mitchell Elders for men’s business

Jeffrey Newchurch Anya Lacouni Jacune Kaurna woman

Merle Simpson Aaron Crocker Youth representatives and proxies

Rebecca Simpson

We also take this opportunity to thank the broader Kaurna community, who have taken

the time to read this document and make comment throughout its development.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 19

Aboriginal_Engagement_version_14.indd 19 19/10/2007 4:46:57 PM Introduction

This section has been developed by the Kaurna NRM Steering Group on behalf of

the Adelaide and Mount Lofty Ranges Natural Resources Management Board, and is

endorsed by the Kaurna Nation representatives for consultation on NRM. The following

protocols identify key principles and reflect cultural values of the Kaurna Nation for

consultation. This section complements and supports information compiled in the

following Kaurna Nation tools of knowledge section.

The Kaurna Nations people believe these protocols are an important step in fostering

relationships that develop respect and appreciation in Kaurna country. Through this

process the Kaurna Nations people ask you to understand, respect, appreciate and

support the sustaining of their equial rights to enjoyment and wellbeing.

Kaurna Nations people believe that these protocols will provide opportunities to develop

partnerships that will add value to investment in the environment and the communities

in the region. Utilising the processes mapped out in this document will ensure

communication with Kaurna Nations people is effective and culturally appropriate. This

will help to build mutual relationships, so that program proponents and the Kaurna

Nation can work together to identify investment opportunities that meet environmental

targets, and add value socially and economically to all in the region.

The following is not a legally binding document. It is a commonsense practical guide

to engage Kaurna Nations people in NRM. It provides an understanding of a set

of principles and practical procedures that will produce beneficial outcomes for all

parties.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 20

Aboriginal_Engagement_version_14.indd 20 19/10/2007 4:46:59 PM Protocol objectives

• Define a process to identify and engage the Kaurna people, who are

representatives of their Native Title claim country in the Adelaide and

Mt Lofty Ranges NRM region.

• Develop partnerships with the Kaurna people in NRM in the Adelaide

and Mount Lofty Ranges Region that ensure:

Inclusive communication

Respect

Equity, fairness and just outcomes

Sustainability

Long lasting and beneficial results for all parties

• Improve the consultation and engagement practices between NRM Program

proponents (including government agencies), and the Kaurna people.

• Raise awareness and promote recognition and respect of spiritual and cultural

beliefs.

• Establish, encourage and maintain greater communication initiatives and

ventures with Kaurna communities.

• Provide greater opportunities in the development of capacity building of all

Kaurna communities.

• Develop and promote strategies that encourage open communication and

participation when engaging with Kaurna people.

• Raise awareness and promote cultural awareness training programs that

outline Australia’s past, present and future.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 21

Aboriginal_Engagement_version_14.indd 21 19/10/2007 4:47:00 PM Statement of acknowledgement & welcome to country

An appropriate person such as a recognised Kaurna elder within the local area should

conduct a welcome to country as a courtesy and acknowledgement of the Kaurna

people.

The Kaurna community recommends that meetings held in Kaurna country should

consider using the recommended statement of acknowledgement (outlined below),

at the start of each official meeting, as a sign of respect and acknowledgement to the

Kaurna people.

To obtain a list of Kaurna people to conduct a “welcome to country” for the Kaurna

Nation, contact

Coolamon NRM Ltd

1 Susan Street, Hindmarsh, SA, 5007

PO Box 595, Hindmarsh SA 5007

Tel 08 8340 8188

Fax 08 8340 9098

Recommended statement of acknowledgement

Ninna Marni (A Kaurna word for ‘Hello, how are you?’)

We would like to acknowledge that this land we meet on today is the traditional land of the

Kaurna people and that we respect their spiritual relationship with their country. We also

acknowledge the Kaurna people as the custodians of the Adelaide region and that their

cultural and heritage beliefs are still as important to the living Kaurna people today.

Welcome to country (for use outside Kaurna land)

We acknowledge and respect the traditional custodians whose ancestral lands we are

meeting upon here today. We acknowledge the deep feelings of attachment and relationship

of Aboriginal people to country. We also pay respects to the cultural authority of Aboriginal

people visiting/attending from other areas of South Australia/Australia present here.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 22

Aboriginal_Engagement_version_14.indd 22 19/10/2007 4:47:02 PM Cultural courtesy protocols

The Kaurna people through their nominated representatives have identified and

endorsed a range of principles they believe will provide an effective process for

consultation, negotiation and communication on NRM issues. The following principles

will assist all who embrace them in engaging with the Kaurna people

They help to provide an understanding of the core values that the Kaurna people

recommend. To that end the Kaurna people have identified a pathway to enable an

effective journey for NRM program proponents and the Kaurna community.

In embracing these protocols you are reminded to recognise the diversity of the

Kaurna, Northern, Central and Southern people and that they have differences of world

views, lifestyles and customary laws specific to their area of country and coast.

1. Respect

The rights of Kaurna people to determine, own and control their culture should be

respected and acknowledged. Our customary rights should be recognised, protected

and maintained.

This includes respect for:

• The Kaurna people special and significant spiritual connection to country. • The Kaurna Nation’s customary lores, practices and local knowledge. • The Kaurna Nations inherent rights of ownership of significant sites, places and objects. • Reciprocity / white man’s law / Aboriginal lore. • Observing agreed meeting protocols. • Recognition of the past, the present and the future of Kaurna culture and people. • Respect the Kaurna people by asking permission before taking photos. • The honesty and goodwill in providing the information within this document for the success of all people within the region.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 23

Aboriginal_Engagement_version_14.indd 23 19/10/2007 4:47:04 PM 2. Involvement

Tappa Iri Business Centre should be the first point of contact for consultations

and all forms of negotiations. The Kaurna people should be consulted on the

ways in which their land, spiritual and cultural heritage, knowledge, beliefs, customs,

true histories, community, interviews, lives and families are represented and used. It is

recommended that the intent of any visit, consultation or negotiation is formulated from

the outset to ensure ongoing communication and good relationship building occurs.

3. Timing

It is important to recognise that engaging the Kaurna community will take time, and

that sufficient time for proposals will be required for consideration by the appropriate

Kaurna people. This time will vary from case to case. Kaurna people should be involved

at the planning stage through to the implementation and ongoing management of the

country.

4. Appropriate resources

Participation of Kaurna people will require appropriate, fair and equitable resources

to achieve outcomes. Proponents are advised to consider resources to the Kaurna

Business and Heritage Centre for services rendered with NRM projects.

Resources may include:

• fair and equitable funding • meeting organisation expenses • administrative support and infrastructure • capacity building • catering and refreshments taking into account that many Kaurna people are diabetic • transport to and from meetings • funding for legal options and new arrangement processes • technical and executive support for on going relationships

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 24

Aboriginal_Engagement_version_14.indd 24 19/10/2007 4:47:05 PM 5. Cross boundary consultation

Where projects or issues being addressed overlap or are on other Nation boundaries,

a ten kilometre cross boundary consultation overlap on either side should be

conducted. It needs to be accepted that a traditional owner will only comment

on significant sites, places, objects and associations within their traditional home

lands and country. It is important to highlight that they are not able to comment on

someone else’s country. It is likely that all interested traditional owners may wish to

meet and discuss shared cultural responsibility and expectations required from NRM

proponents and projects requirements.

(The appropriate Kaurna people will need to discuss with neighbouring Nations

to determine the right outcome for NRM projects located within a shared zone or

boundary).

6. Acknowledge elders

The term ‘elders’ does not always mean men or women over fifty or sixty years of

age. A relatively young man or woman may be considered an elder because of their

highly respected position in the community. They may possess specific skills and

knowledge in an area, which endorses their position.

Clarification of Kaurna identity is determined by the Apical Ancestor Genealogies

of the Kaurna Nation. This also has implications for men and women’s business in

Kaurna Country.

7. Understand the importance of attending funerals

Aboriginal people will travel long distances to attend funerals. The importance

of paying respect to a deceased Aboriginal person will always take precedence

over other commitments. The period of grieving may precede and follow the

funeral, acknowledging customary lore about ‘sorry times’ or ‘business’. Please

respect the Kaurna people by asking permission before using photos of individuals

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 25

Aboriginal_Engagement_version_14.indd 25 19/10/2007 4:47:07 PM or country. Respect the Kaurna people by not naming the deceased. It is inappropriate

to name or show photographic images of persons unless agreed to by relevant family

members.

8. Establish a common purpose

Kaurna people understand the need to establish a common purpose or shared vision

with whole of government, other agencies and community groups concerning the

management of natural resources. It is important for program proponents to establish

a common purpose from the outset for any proposed project.

9. Acknowledge Kaurna intellectual property rights

It is essential that the cultural and intellectual property rights of Kaurna people are

acknowledged, respected, recognised and protected in a fair, just and equitable

approach. Approval by Kaurna people must be given on the use and representation of

their cultural, heritage, language and intellectual property and copyrights.

The term ‘Aboriginal cultural and intellectual property’ is a general term, which includes

all aspects of the cultural products and expressions of Aboriginal people, as well as

their intangible cultural knowledge. Aboriginal cultural and intellectual property means

the totality of the cultural heritage of Aboriginal people including, without limitation,

their intangible heritage (such as songs, dances, artwork, stories, ecological and

cultural knowledge), and cultural property, which includes Aboriginal human remains,

artefacts, and any other tangible cultural objects.

10. Maintain confidentiality

Confidentiality and privacy are significant issues with Kaurna people. The purpose

for which information is obtained should be negotiated and agreed. Information that

is ‘women’s business’ or ‘men’s business’ should be acknowledged as such and not

recorded or stored in such a way that is likely to been seen as disrespectful or culturally

inappropriate. Nation representatives will advise on use of the information.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 26

Aboriginal_Engagement_version_14.indd 26 19/10/2007 4:47:09 PM 11. Engagement guidelines

1. Contact the Tappa Iri Business & Heritage Centre where you will be directed to the appropriate Kaurna representatives (see page 53 for details). 2. Take time to sit down and have a yarn with the appropriate people and/or their representatives. 3. Establish relationships before discussing and agreeing on outcomes. 4. Acknowledge the need for meeting deadlines while understanding that the Kaurna community processes may take time. 5. Understand the resource capacity and capability of the community i.e. skills, knowledge, infrastructure. 6. Protocols should be reinforced by formal written agreements. 7. It is recommended that people discussing NRM issues use clear and concise language, and do not use acronyms and technical jargon. 8. Acknowledge the decision making process that Kaurna people apply. 9. Be aware that NRM is only one element of the community. 10. Be flexible in service delivery and outcomes to meet the aims and objectives of the community. 11. Maintain the relationship, provide feedback, seek support and ensure communication is consistent and constant/ongoing. 12. When requesting a whole of community meeting it is recommended that it is held on weekends as many Kaurna people have work commitments during the week. 13. Listen to feedback and ideas. 14. Continue to maintain relationships.

More can be achieved working together than by any one group or individual.

The letters patent of 1836 demonstrated the respect emphasised in this

document. King William IV acknowledged the Aboriginal people of South

Australia and their rights to live and prosper in their country alongside the

colonisers. The Kaurna people seek to remedy the injustice and destruction

caused since the reading of the letters patent at the Old Gum Tree, Holdfast

Bay during the foundation speech of South Australia.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 27

Aboriginal_Engagement_version_14.indd 27 19/10/2007 4:47:11 PM Kaurna Nation

Tools of Knowledge

Ninna Marntiendi Kaurna Yerta Welcome to the Land of the Red Kangaroo Dreaming Tandanya

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 28

Aboriginal_Engagement_version_14.indd 28 19/10/2007 4:47:13 PM The purpose of this section

The Kaurna Nation, tools of knowledge section, is an ever growing resource to support

the Aboriginal consultation and engagement protocols document. This section provides

basic background information on Kaurna culture to those wanting to work with all

Kaurna people.

The goal is to build the capacity of the people and the Kaurna Nation in a collaborative

and strategic approach to achieve multiple outcomes that engender responsibility,

accountability, respect, and sustainability within the Kaurna Nation while participating

with NRM agencies and other departmental groups.

‘Everyone in the Kaurna Nation is working towards a common and agreed goal’, to

• work collaboratively with other agencies and groups.

• monitor and evaluate the condition of the State of SA’s natural resources and the

effectiveness of the Act, State NRM Plan and NRM policies.

• Keep under review the extent to which regional NRM plans, policies and practices

adopted or applied by NRM authorities are consistent with the State NRM plan.

• Promote integrated NRM across governments and industry.

‘Planning together, working together and achieving together’

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 29

Aboriginal_Engagement_version_14.indd 29 19/10/2007 4:47:15 PM Aims and objectives

• to develop a strategic and focused vision for the Kaurna Nation based on shared

responsibilities, principles and aspirations.

• to develop a whole of Kaurna Nation approach to moving forward in a progressive

and cohesive manner in partnership with local government and councils, state

and federal governments, private enterprise and other stakeholders.

• to protect cultural heritage, sites, objects and values, recognising their true

value and meaning to the Kaurna people and the people of South Australia.

• to encourage leadership within the Kaurna Nation and provide a framework for

shared responsibilities and strategic and operational future planning.

• to develop economic opportunities for Kaurna people

The Kaurna Nation is striving to proactively engage government and other stakeholders

in realistic, positive and collaborative partnerships with mutual benefits and outcomes.

In order to move forward the Kaurna Nation has recognised the need to address its

issues, and advance to establishing a structural and strategic approach to work in the

system of social capital and governmental change in South Australia today, and into

its preferred future.

To work in such partnerships the Kaurna Nation recognises the need to adopt

principles and codes of operation that are recognisable and considerate of

mainstream requirements.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 30

Aboriginal_Engagement_version_14.indd 30 19/10/2007 4:47:17 PM The tools of knowledge included in this section incorporates historical and current

information that will have the following expected outcomes:

• a unified approach which incorporates the view and aspirations of the Kaurna

Nation.

• strategic partnerships with governments and agencies in a collaborative and

progressive manner, encompassing issues such as reconciliation, economic

opportunities, health education, social justice and environmental paradigms.

• positive cultural and economic development.

• development of stronger relationships with multiple stakeholders.

• Nation building with Kaurna people based on realistic aspirations.

• strategic and holistic operational structures.

• realistic targets and opportunities.

• short term / long term planning.

• sustainable business and economic growth.

• protection of culture, heritage, and the integrated natural environment.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 31

Aboriginal_Engagement_version_14.indd 31 19/10/2007 4:47:18 PM Vision

The following summarises the Kaurna Nation’s vision for its lands, water,

biodiversity and culture:

• to be acknowledged and respected by everyone.

• lands and waters protected from pollution and from other damaging impacts,

with past damage rehabilitated and natural environments restored.

• healthy waters and lands = healthy people.

• much more land and water under the direct control and management of its

Indigenous traditional owners.

• cross-cultural awareness about lands and waters, and the cultural significance of

lands, sea and waterways restored.

• cultural management practices for the care of lands and waters to be respected

by everyone and practiced.

• good understanding and partnership relationships with nonindigenous people and

governments.

• a strong network of Indigenous land holders working and supporting each other.

• increased resources for Indigenous people for the ongoing management and

repair of their lands and waters.

• community members, especially young people, who are well trained in

environmental care and natural resources, and who understand Indigenous

and nonindigenous knowledge about natural resources, and who have real

opportunities for real jobs and good careers.

• a strong role for Indigenous people in decisions about all land and water

management, and in monitoring and enforcing sustainable use of land, water and

biodiversity (including employment in roles such as these).

• security for our grandchildren and future generations.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 32

Aboriginal_Engagement_version_14.indd 32 19/10/2007 4:47:20 PM Introduction

Many thousands of years ago the Kaurna Nation established itself in a very clearly

defined area of land. The land is from Cape Jervis to Pt Wakefield along the

eastern shore of St Vincent Gulf and inland to near Crystal Brook, Snowtown, Blyth,

Hoyleton, Hamley Bridge, Clarendon, Gawler, and Myponga: from the east side of the

Hummock Range of Red Hill where northern groups were sometimes known as the

Nantuwara, the name of person (Kangaroo speaking man).

Inland the Jultiwira or stringy bark forest of the Mount Lofty Ranges marked its

boundary. Kaurna territory is about 7,200 sqkm and had a population of 650 in the

South Australian Register of 30 January 1842. Ivaritji, the last woman survivor, who

died in 1931, provided much to our scant knowledge of the Kaurna people. A southern

group at Rapid Bay spoke a slight dialect. Tunkalilla Beach 20km east of Cape Jervis

was given as the actual keinari or boundary with the Ngarrindjeri. Kaurna country is an

area of many different environments forming three broad regions.

• The northern region is an area of wide plains and low hills covered with low

scrub. A few rivers crossed the plains and there were occasional lakes. The

coast was lined with mud flats and mangroves.

• The central area, the Adelaide plains proper, was a fairly narrow plain, bounded

on the coastal edge by high sand dunes and backed by the steep slopes of the

Mount Lofty Ranges. Many creeks and rivers ran off the ranges, which fed into

the extensive marshes that run behind the coastal sand dunes. The plain was

covered with tall grasses, eucalypts and other larger gum trees, occasionally

growing in dense forest. The slopes of the ranges were covered in stringybark.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 33

Aboriginal_Engagement_version_14.indd 33 19/10/2007 4:47:22 PM • The Southern vales was an elevated area that formed the cliffs on the coasts.

Large rivers such as the Torrens, Sturt, and Onkaparinga crossed the vales. The

vegetation was mixed with mainly grass and low scrub, with occasional stands

of tall timber.

Each of these environments were, and still are, associated with a distinct group of

Kaurna people. These groups numbered about three hundred each. Each comprised

of smaller family clan groups, of twenty to thirty people. These little groups travelled

mainly within their own area, often joining others, and sometimes breaking up into even

smaller groups.

In 1836 European settlers arrived. Twenty years later Kaurna society was

destroyed and most of the people were dead. The few survivors were scattered in

various centres throughout the state. Among the Aboriginal community of South

Australia today there are still people who can claim a link with these proud people, the

first inhabitants of Adelaide.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 34

Aboriginal_Engagement_version_14.indd 34 19/10/2007 4:47:26 PM In a historical context

Aboriginal Nations and the traditional custodians occupied the whole of the

Australian continent prior to the arrival of the european early settlers. Settlement

affected the groups in different ways with varying losses of traditional knowledge.

However the groups still retain strong ties with their country and culture. People of

Aboriginal origin comprise less than 2% of the regional population (ABS 2001). There

are many sites of Aboriginal cultural significance in the region. These sites, recorded

and unrecorded, are protected with a blanket protection under the Aboriginal Heritage

Act 1988 and the Native Title Act 1993. Kaurna claim has interests in culturally

significant sites that occur in the region.

The Kaurna people lived in this region for many thousands of years as independent

groups within their own lands, but who came together for trade, social, ceremonial

and religious reasons.

They were united by one basic language. Their movements were in rhythm with the six

seasonal changes based on religious and ceremonial events as well as climate and

food supply. The Kaurna people seem to have moved between the coast in summer

months, for coastal berries and various sea life, including turtles. They moved into

the foothills in the colder weather for the better resources for shelter and the greater

abundance of firewood. The inland areas also contained more mammals to hunt,

and treks and swamps contained fish and other water life. They had well-established

travelling tracks, which were taken over by Europeans, and now are reflected in some

road routes.

They undertook periodic burning, which drove out game for hunting. There are reports

from the time of the first European settlers of sightings of fires burning in the hills

near Adelaide. They also encouraged the growing of certain kinds of edible

plants such as yam daisies, thistles and cresses, as well as increasing the kind

of plants eaten by hunted animals.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 35

Aboriginal_Engagement_version_14.indd 35 19/10/2007 4:47:27 PM The basic family unit was 10-18 people, each family having a well-defined home

territory called the ‘pangkarra’ that was able to support the family in normal seasons.

Families were grouped to form local groups. All the members of family groups were

able to travel the wider territory, called the ‘Yerta’.

Usually 6-8 adjoining family groups shared the use of the Yerta (land). Within the area

recognised as that of the Kaurna people there was quite a number of Yerta-based

groups.

The Kaurna were dignified and gentle people who lived lightly off the land. Older people

gave leadership within family groups and every person was valued in this society. All

things were shared as needed. They built a rich culture of song, dance, art and craft,

stories and songlines. The Kaurna people were pushed out of Adelaide when the city

was developed.

Today, descendants of the Kaurna live north, central and south across the metropolitan

area of Adelaide, in the communities of Point Pearce on the Yorke Peninsula, and

Raukkan or Point McLeay near the River Murray Mouth.

waraparinga site, marion

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 36

Aboriginal_Engagement_version_14.indd 36 19/10/2007 4:47:31 PM Kaurna Yerta (land): our story

The framework rights have been developed in conjunction with the Kaurna heritage

groups and the Kaurna Yerta Native Title management committee to affirm the inherent

rights of the Kaurna Nation and to secure recognition of its rights to freely express and

enjoy its inherent rights. The Kaurna Nation’s claim has been brought about on behalf

of the Kaurna people for the purposes of the native title claim.

The Kaurna were united by one basic language, and their dreaming sites were orally

passed down to one and other, including the origins of creation and the eight Apical

Ancestors - the following are the recognised descendants:

• Kudnarto

• Father of Charlotte

• Father of King Rodney

• Mother of Alice Miller

• Rathoola

• Mother of Sarah Taikarabbie

• Nancy Mitchell

• Nellie Raminyemmerin

‘Descendants’ means:

1 Biological descendants

2 Kaurna people raised as children and as part of the family of the biological

descendants and their descendants.

Kaurna elders have handed down genealogies and birth rights that link each Apical

Ancestor to their own area of country and the dreamtime sites of Tandanya, Tjilbruke,

Urrabilla, Black Swan and Dolphin dreaming, Warriparinga is Emu dreaming and

Wirrina. The living descendants have responsibility to take care of these areas of

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 37

Aboriginal_Engagement_version_14.indd 37 19/10/2007 4:47:33 PM significant Yerta (land) areas of Land, North, Central, and South. The Kaurna

people believe the care of this country has to be a responsibility shared by all, by

protection and conservation of cultural heritage, and environmental management

plans, with whole of government groups that have responsibility and advocate

and give a service delivery to traditional owners and custodians.

The Kaurna Nation had very close ties with the Nation which lived on Yorke

Peninsula. Its language was very similar to Kaurna and they had similar beliefs and

customs. The Kaurna were less closely tied with the Permangk people who lived in

the hills and vales behind the Mount Lofty Ranges, and the Ngarrindjeri who lived near

Encounter Bay.

They both had different languages and beliefs to the Kaurna. The three groups of

people lived together usually in a peaceful co-existence, occasionally trading goods

across the recognised borders and boundaries. At times there were small disputes

about minor things. These three groups gave each other permission to hunt across

the shared boundaries of Kaurna country.

Crossing the Kaurna country are hundreds of invisible roads. These are the trade

routes taken by the Ancestors in . Along these routes are special places

marked by natural features and land formations. Here important events happened and

are reflected in the dreaming songlines and the stories of oral histories of the land,

rivers, waterways and seascapes. All were important to the Kaurna, some much more

that others. Only a few of these places are still known to us, some shown in maps

that have been registered at AARD on its site cards system. There are many sites of

significance that still have not been registered.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 38

Aboriginal_Engagement_version_14.indd 38 19/10/2007 4:47:34 PM Dreamtime beliefs

The Kaurna people believe in the dreamtime, to them it means all that is known and all

that is understood, and is central to their very existence. It determines values, beliefs,

and the relationship to every living creature and every feature of the landscape. The

dreaming can be positive or negative in Aboriginal values.

The dreaming also tells the stories of journeys and deeds of the Creation Ancestors,

who made the trees, rocks, waterholes, rivers, mountains, stars, as well as animals

and plants.

In the Kaurna Nation there are many creation stories which link NRM to Kaurna culture

places and space. One better known dreamtime story is the Tjilbruke story. It is 35,000

years old and the seven sites it refers to still exist. Tjilbruke is very close to Adelaide

and offers an educational and cultural experience that is unique and significant. This

story reflects on the creation of theGlossy Ibis and the creation of fresh water springs,

covering a large distance along the coast of St Vincent’s Gulf.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 39

Aboriginal_Engagement_version_14.indd 39 19/10/2007 4:47:37 PM Tjilbruke (meaning ‘Hidden Fire’) ancestral story

Tjilbruke is one of the many ancestral stories follow the tracks to Witawali or Sellicks Beach, where associated with the Kaurna people of the Adelaide they turned inland. He then lost the tracks. Judging Plains. His tracks begin at Warriparinga on that the bird had traveled south-east he traveled the Sturt River where he picked up the body of his down Jaladula or Hindmarsh Valley to Latang, near nephew and carried it down the south coast, from Victor Harbor. On arriving there at Victor Harbor Kingston Park to Cape Jarvis. A series of fresh water he noticed the tracks were lost so doubled back and springs were formed as he stopped and cried along the found new tracks. coast of St Vincent’s Gulf. He journeyed also around the Adelaide Hills avoiding the Great Ancestor Nganno The original hunters had eaten a female emu killed of the Mount Lofty Ranges and Summit. by Kulultuwi and were returning to the Putpunga land. Kulultuwi then noticed the fresh tracks of the

Ngurunderi: Great Ancestor born Ancestor Great Ngurunderi: at Watiranengul (Mt Hatfield) Tjilbruke and the Putpunga local southern groups of male emu and followed it with the others and killed Kaurna people lived near Wirrina and Rapid Bay. it. Once killing the emu they prepared the earth oven His other tribal ancestors came down the River for cooking.

Kulultuwi: Nephew to Tjilbruke Murray with the Great Ancestor Ngurunderi. The Murray Cod - Ngurunderi was born at Watiranengul As the emu was being prepared Tjilbruke arrived. He near Mt Hatfield. was rightly disturbed to find that his emu had been killed by another - once a person had located an Tandanya, the Red Kangaroo Dreaming of the Central animal the cultural code was that no one else hunted Kaurna Local Group of Adelaide Plains, had as one of it. He asked Kulultuwi his nephew about this and their totems Kari or emu, and never hunted the bird Kulultuwi apologised, saying that he didn’t know. but gathered its eggs. Tjilbruke who was a well respected and great man Putpunga people from Rapid Bay decided to go Emu forgave Kulultuwi and departed. Kulultuwi started hunting to the north. There were three nephews of the cooking where he poured water into the oven Tjilbruke, Kulultuwi and two half brothers, Jurauwi pit to make steam. He cut of the head to see if it was and Tetjawi. Their mother was from the Jatabiling cooked and was blinded by a sudden burst of steam local group which was between Brighton and Outer from the beak. Tjilbruke-Ibis: Ancestral being meaning “Hidden Fire” Harbour. It was planned that they would go hunting on the land of the Jatabiling people who bordered the Kulultuwi’s half brothers Tetjawi and Jurauwi rushed Tandanya Land. in and mortally speared him. They could justify the Tulukudank: Kingston Park murder by saying that Kulultuwi, in killing his uncle’s emu had broken the law. They took the meat to the Jatabiling people. Jurawi: Half brother to Kulultuwi The Jatabiling people took Kulultuwi’s body to Warrpari or the Sturt Creek and began drying it in smoke. The story from Tetjawi and Jurauwi was that Kulultuwi in fear of his uncle had left on a hunt. Tjilbruke heard this and spoke to his neighbours the Witjarlung local group who lived between Carrickalinga and Sellicks Hill. They knew the truth but misled Tjilbruke, so he went searching for his nephew to assure himself. He first searched at Lonkowar or , Victor Harbor but found nothing. He continued searching and arrived at the place he had last seen his nephew. Tetjawi: Half brother to Kulultuwi There he found evidence of his nephew Kulultuwi’s

Putpunga: Rapid Bay people KARI: EMU death.

Tjilbruke did not wish to take part in the group hunt so Justice had to be done and with his only good spear he moved as far as Wituwatank or Brighton and back he set off to Tawarangal or Port Elliott where he was to Tulukudank or Kingston Park. In the meantime the able to get more spears from the Tanganek and others hunters had found eight emus and were trying to drive from the Coorong region. With his spears he traveled them to Muldang or the Outer Harbour peninsula, a north just inside the border of the Permangk local natural trap. Tjilbruke decided to track the fresh people of the Eastern side of Adelaide Hills. Moving tracks of a male emu heading south. from Wiljauar near Strathalbyn to Kalia (Gawler) he circled back quietly moving along the coast to He had decided to hunt this bird but stopped to net Wiotawatank (Brighton) There he came across the some Kurari or beaked salmon. He then continued to Jatabiling people. Kareledum: Hallett Cove Witjarlun: Neighbours to the Rapid Bay people who people Bay Rapid the to Neighbours Witjarlun: lived between Carrickalinga and Sellicks Hill Tandanja: Adelaide region people

Aboriginal_Engagement_version_14.indd 40 19/10/2007 4:47:41 PM Permangk: People of the Adelaide Hills eastern side Tjilbruke (meaning ‘Hidden Fire’) ancestral story and Outer Harbour region Jatabiling:

Tjilbruke is one of the many ancestral stories follow the tracks to Witawali or Sellicks Beach, where Jurawi and Tetjawi told lies, trying to associated with the Kaurna people of the Adelaide they turned inland. He then lost the tracks. Judging blame the Permangk for Kulultuwi’s Plains. His tracks begin at Warriparinga on that the bird had traveled south-east he traveled death. Tjilbruke played along with the Sturt River where he picked up the body of his down Jaladula or Hindmarsh Valley to Latang, near the lies. The next day they went to Brighton the of people Local nephew and carried it down the south coast, from Victor Harbor. On arriving there at Victor Harbor Warrpari, now known as Warriparinga, Kingston Park to Cape Jarvis. A series of fresh water he noticed the tracks were lost so doubled back and where the body was being preserved springs were formed as he stopped and cried along the found new tracks. by smoking. coast of St Vincent’s Gulf. He journeyed also around the At night the Jatabiling people slept in Adelaide Hills avoiding the Great Ancestor Nganno The original hunters had eaten a female emu killed a big Taldamari (hut). While sleeping of the Mount Lofty Ranges and Summit. by Kulultuwi and were returning to the Putpunga land. Kulultuwi then noticed the fresh tracks of the Tjilbruke placed grass around the Tjilbruke and the Putpunga local southern groups of male emu and followed it with the others and killed Taldanari and set light to it. Kaurna people lived near Wirrina and Rapid Bay. it. Once killing the emu they prepared the earth oven He made fire by striking a piece of His other tribal ancestors came down the River for cooking. Tainbaran: Port Noarlunga Paldari (flintstone) onto Baruke (iron Murray with the Great Ancestor Ngurunderi. The pyrites), the spark igniting Morthi Murray Cod - Ngurunderi was born at Watiranengul As the emu was being prepared Tjilbruke arrived. He (powdered bark of the stringy bark near Mt Hatfield. was rightly disturbed to find that his emu had been killed by another - once a person had located an tree). As the fire was soon burning Tandanya, the Red Kangaroo Dreaming of the Central animal the cultural code was that no one else hunted furiously, Jurawi came running out and Kaurna Local Group of Adelaide Plains, had as one of it. He asked Kulultuwi his nephew about this and received a spear. The same fate awaited their totems Kari or emu, and never hunted the bird Kulultuwi apologised, saying that he didn’t know. Tetjawi. but gathered its eggs. Tjilbruke who was a well respected and great man Tjilbruke took his nephew’s body to Putpunga people from Rapid Bay decided to go Emu forgave Kulultuwi and departed. Kulultuwi started Tulukudank, a spring of fresh water Tulukudank: Fresh water spring on the beach of Kingston hunting to the north. There were three nephews of the cooking where he poured water into the oven on the beach of Kingston Park. It was Jaladula: Hindmarsh Valley Tjilbruke, Kulultuwi and two half brothers, Jurauwi pit to make steam. He cut of the head to see if it was there where he completed the drying and Tetjawi. Their mother was from the Jatabiling cooked and was blinded by a sudden burst of steam and later wrapped Kulultuwi’s dried

local group which was between Brighton and Outer from the beak. remains and headed south along the Wituwatank: Brighton Harbour. It was planned that they would go hunting coast. At Kareledum (Hallett Cove) he on the land of the Jatabiling people who bordered the Kulultuwi’s half brothers Tetjawi and Jurauwi rushed rested and, thinking of his nephew he Tandanya Land. in and mortally speared him. They could justify the burst into tears, forming a fresh water emerging from the rocks whereupon he transformed Muldang: Outer Harbour peninsula murder by saying that Kulultuwi, in killing his uncle’s spring. He then continued his journey to Tainbaran himself into an ibis. His body became a rocky outcrop emu had broken the law. They took the meat to the (Port Noarlunga) where he cried again, creating at Barukungga, which became a source of iron pyrites Jatabiling people. another spring. Moving along the Potartan (Red used by the Kaurna for fire-making. Ochre Cove) he stopped and cried once more, creating The Jatabiling people took Kulultuwi’s body to Springs connected with the Tjilbruke dreamtime another spring. The same happened at Ruwarun (Port Warrpari or the Sturt Creek and began drying it legend are known from Kingston Park, Port Noarlunga, Willunga), where he cried on the beach when the tide in smoke. The story from Tetjawi and Jurauwi was Red Ochre Cove, Port Willunga, Sellicks Beach and was out. that Kulultuwi in fear of his uncle had left on a hunt. Carrickalinga. The connection of the springs and the Tjilbruke heard this and spoke to his neighbours At each of these locations his tears formed springs Tjilbruke story served traditional Aboriginal people the Witjarlung local group who lived between which were later used as water sources by the as a cogent reminder of the importance of the rare Carrickalinga and Sellicks Hill. They knew the truth Aborigines who lived in the area. After reaching water sources along this section of the coast and the but misled Tjilbruke, so he went searching for his Cape Jervis, Tjilbruke turned northward and left inter-relationship between the dreamtime and the nephew to assure himself. the body in a cave along the coast. The legend then present. He first searched at Lonkowar or Rosetta Head, Victor states that Tjilbruke traveled far underground before Harbor but found nothing. He continued searching and arrived at the place he had last seen his nephew. Tanganek: People of Port Elliott

There he found evidence of his nephew Kulultuwi’s Potartan: Red Ochre Cove death.

Tjilbruke did not wish to take part in the group hunt so Justice had to be done and with his only good spear he moved as far as Wituwatank or Brighton and back he set off to Tawarangal or Port Elliott where he was to Tulukudank or Kingston Park. In the meantime the able to get more spears from the Tanganek and others hunters had found eight emus and were trying to drive from the Coorong region. With his spears he traveled Witawali: Sellicks Beach them to Muldang or the Outer Harbour peninsula, a north just inside the border of the Permangk local natural trap. Tjilbruke decided to track the fresh people of the Eastern side of Adelaide Hills. Moving tracks of a male emu heading south. from Wiljauar near Strathalbyn to Kalia (Gawler) he circled back quietly moving along the coast to He had decided to hunt this bird but stopped to net Wiotawatank (Brighton) There he came across the some Kurari or beaked salmon. He then continued to Jatabiling people.

Aboriginal_Engagement_version_14.indd 41 19/10/2007 4:47:45 PM Culture

The Kaurna culture and lifestyle was a very rich one. There was an abundance of

native birds, fish and animals to eat. Like most tribes, the men hunted the big game,

while the women looked after the children, wove mats and dug for edible plants and

roots.

The lifestyle was a very relaxed one, moving between summer and winter camps. The

abundance and variety of food meant that people of some areas could remain at their

campsites for up to six months.

Habitation during the winter months was in very substantial dwellings, consisting

of close set logs, made water proof with grass and clay. Some of these dwellings

housed more than one family. However, there were lots of movements during summer

due to the mild sunny weather.

The overall structure of the tribe consisted mainly of Family Clans, who wandered

together across the land, within their boundaries.

Artifacts

Kaurna People were excellent producers of artifacts and art, which differed somewhat

from other tribes. For example, the use of white ochre to paint to decorate their

artifacts was very prominent. The men usually carried two spears, one short and the

other long. They also had clubs that they used for throwing.

The ceremonial and religious life of the Kaurna people produced spectacular art forms.

These included ground and body painting, as well as rock and cave painting.

Dreamtime – Lore & Political Systems

There is a direct relationship between the dreamtime and the Kaurna people’s lore, as

well as the political system. When talking about the lores one must realise that all lores

were intended for the basic survival of the tribe and the well being of each family clan.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 42

Aboriginal_Engagement_version_14.indd 42 19/10/2007 4:47:47 PM The Kaurna people believe that the ancestral being Tarratarro (a species of lizard) was

responsible for dividing people into the two sexes. For instance, the Tjilbruke dreaming

has a definite impact on the lore of marriage. There is not much known about the Kaurna

kinship system or marriage arrangements. We know that a majority of the larger tribes

divided themselves into (moieties) halves; their names were Kararu and Matheri. No

one could marry a person from the same moiety. This lore was established by the

ancestral beings of the dreaming, and was not to be broken without severe punishment.

Other lores ensured that no one married any closer than third cousins. All men were

not allowed to marry until about the age of twenty five and had gone through the rites

and tests of manhood, which was also governed by the dreamtime and tribal lore.

The dreamtime also set lores down for any tribe which wanted to enter another tribe’s

boundary. Whatever the reason was (tracking or hunting etc) there was a system to

follow and if not followed, punishment ensued. This lore was political in the sense

that negotiations had to be met with other tribes, to allow this activity to happen and

also entry into other boundaries.

Trading systems

Kaurna material culture was based mainly on skins, nets, spinning and weaving and not

a great deal on wooden instruments. Implements had important cultural significance.

Their uses and who could use them were clearly defined by lore. It is important to

understand that the culture of any group is made up of social, spiritual, intellectual

and material components.

Materials that were abundant locally were traded for items from other areas that

were not so readily available. The trade followed widely known and definite routes,

which were exclusively used according to strict and commonly accepted lores.

This was to ensure the protection of the traders and the different regional and local

groups. Many of the trade routes followed the dreaming paths of ancestral beings.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 43

Aboriginal_Engagement_version_14.indd 43 19/10/2007 4:47:48 PM Each landmark passed, formed a part of both the sacred and nonsacred knowledge

that was shared between the different trading groups.

This knowledge was important because many of the journeys of major ancestral

beings, for example the Rainbow Serpents, pass through the lands of different

Aboriginal regional groups and form a common link between them. The Kaurna people

took part in the trade networks. Sometimes trading parties left their own regional

group territory and entered that of others. However trade implements were generally

passed from group to group.

Some of the items traded were:

• boomerangs, shield and light shafts for spears

• grinding stones from the Flinders Ranges

• mallee spears and flint from the Coorong

• polished stone axe heads from Victoria (limited)

• some ochre from the Flinders Ranges

• nets, skins, from the Adelaide and Coorong areas

Kaurna language

The is the original language of the Adelaide plains. It was probably

last spoken on a daily basis around the 1860s. Although speakers of the language

undoubtedly survived long after that date, they had few opportunities to speak the

language because of policies and practices that restricted the language and prohibited

its use in public.

Most of what we know of the Kaurna language comes from senior Kaurna men

Mullawirraburka, Kadlitpinna and others, who were recognised as leaders by the

colonists in the 1830s. Two German missionaries, Clamor Schurmann and Christian

Teichelmann, between 1838 and 1857, recorded the Kaurna language.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 44

Aboriginal_Engagement_version_14.indd 44 19/10/2007 4:47:50 PM A range of other observers recorded wordlists of varying lengths and quality, although

Teichelmann and Schurmann were the only ones to write a Kaurna grammar. All in all,

about 3,000 Kaurna words were recorded in historical sources. Some areas, such

as body parts or verbs related to speaking, were fairly well documented, but there

are many gaps. We would expect that there would have been at least 10,000 Kaurna

words. However, we are not restricted to these 3,000 recorded words, because quite

a lot is known about word formation processes in Kaurna. Therefore it is possible to

construct new words on the basis of these existing patterns. For more information on

the language see Amery, Rob (2000) Warrabarna Kaurna! Reclaiming an Australian

language.

Kaurna translations

No two languages ever have direct equivalents for all words in their vocabularies.

However, it is much easier to translate two closely related languages because their

semantic categories are much more closely aligned. It is thus reasonably easy to

translate from English to German or vice versa (or indeed from to Walpiri).

However, it is not so easy to go from Kaurna to English or vice versa.

It is often reasonably easy to translate tangible entities such as body parts, artefacts,

and names of animals. as these often have direct equivalents. However, the

translation of abstract concepts in English are extremely difficult for two reasons. First

abstract notions in Aboriginal languages are based around very different metaphors

and conceptual notions than in English. Secondly, because European observers had

insufficient exposure or knowledge of the language, few Kaurna abstract nouns were

recorded. They simply did not have time to get that far into the language.

In order to translate from English to Kaurna, it is best to rewrite the passage first into

plain English and to think about the kinds of notions that are likely to have equivalent

notions in Kaurna. We might need to look at things in a different way, that is, find a

different way of expressing what we want to say. For instance, a translation of the

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 45

Aboriginal_Engagement_version_14.indd 45 19/10/2007 4:47:52 PM notion of ‘empty’ into Kaurna is expressed as bultuni ‘the appearance of the traces

or signs of a former existence’ (i.e. it focuses on evidence that the container once

contained a certain substance, such as tea or sugar, but most of it is now gone).

Similarly the verb ‘to boil’ is expressed as ‘tadli budna budnai’ meaning ‘the spit has

arrived’. ‘Disobedient’ is expressed as ‘yurretinna’ meaning ‘without ears’.

Significance of Ochre Cove

Ochre Cove is between Moana and Port Willunga. It is a man’s area, being

for the purposes of ceremony and trade for the Kaurna people. The ochre is very

important in that it was used for trading purposes, thereby sustaining some of the

tribe’s needs. Women and young children were forbidden to go to Ochre Cove. Only

the boys and men were allowed, the boys as part of the initiation process.

Ochre Cove also has significance in the dreamtime stories, such as the story of

Tjilbruke, where his tears fell upon the land over the death of his nephew. It is said that

some of his tears fell near Ochre Cove and created a fresh water spring.

One must surmise that if Tjilbruke was mourning for his nephew he would have covered

himself with ochre from this area.

The of Ochre Cove, being so close to the sea, provided an abundant food

source for the Kaurna people, especially the offshore reef. Ochre Point would have

also provided the Kaurna people with a lookout in case of marauding war parties

from other tribes.

Ochre Cove is still an important part of Kaurna culture and law as well as having

spiritual significance. Even today, it is an important part of Kaurna traditions. Ochre

from this area is used in funerals and for art purposes by the Kaurna people.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 46

Aboriginal_Engagement_version_14.indd 46 19/10/2007 4:47:53 PM Food

Plant foods

The list shows some of the seasonably available plant foods in the Adelaide area

COASTAL REGION - VEGETATION

Kaurna and European name: karkal- pig face Description: egg-shaped red juice fruit leaves sometimes chewed for moisture and as a salt substitute Preparation: fruit eaten raw, leaves occasionally baked and eaten with meat – summer

Kaurna and European name: minno-wattle gum Description: globules of gum on lower parts of bushes Preparation: eaten raw as sugar substitute – summer

Kaurna and European name: karko–sheoak Description: young cones of tree Preparation: very young cones may have been eaten raw, leaves chewed to encourage salivation – summer

Kaurna and European name: mantiri-muntrie Description: small purplish fruit in clusters of 2 to 8 Preparation: fruit eaten raw – summer

Kaurna and European name: pitpauwe – wild honeysuckle Description: large blossom Preparation: blossoms sucked for sweetness – kundanye: sweet drink made by steeping blossoms in water – spring/ summer

Kaurna and European name: mengka – wattle seeds Description: bean–like seed pods Preparation: seeds roasted and crushed – summer

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 47

Aboriginal_Engagement_version_14.indd 47 19/10/2007 4:47:59 PM MARSHES, RIVERS AND LAGOONS – VEGETATION

Kaurna and European Description Preparation names

minnokoora – bulrush bulbous root about size of onion roasted and while hot beaten between stones to for cake - all year birira – wild cabbage2 small green succulent leaves steamed - winter types

miranda-mistletoe small fruits eaten raw – winter

Tilti/ – wild cherry teetle small reddish fruit eaten raw – summer

Tidia – vetch small bulbous root roasted – winter/spring

Kaurna and European name: wodni – wild peach or quandong Description: reddish fruits about the size of a plum. large kernel Preparation: fruit eaten raw - summer

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 48

Aboriginal_Engagement_version_14.indd 48 19/10/2007 4:48:02 PM PLAINS REGION - VEGETATION

Kaurna and European Description Preparation names

waldi/walja- yam small root roasted – winter/spring

kandara – wood sorrel small root roasted – winter/spring

kunti- wild carrot small reddish root, bitter tasting roasted – winter/spring

kappi- wild tobacco wide flat leaves, white flower chewed – probably all year

parngutta – wild potato small bulbous root roasted – all year

kurru – grass tree young leaf bases at heart of tree eaten raw all year honey honey from flowering stalkseeds sucked from flower stalks from stem – autumn crushed and roasted – winter/spring

ANIMAL FOODS

Insects Kaurna name Common European name barti grub (general name for the largest grubs or witchetty grubs, these were an important part of Kaurna diet; eaten raw or cooked) kadngi termite (mound builder) kupe witchetty grubs (a term used by Europeans for grubs in red gum) taingilla grub found in light soil (hepialid moth) warpurti grubs in wattle

Kaurna name: parraitpa Common European name: grass hopper, locust

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 49

Aboriginal_Engagement_version_14.indd 49 19/10/2007 4:48:04 PM Marine and freshwater animals

Kaurna name Common European name kondolli whale kunggurla crayfish kurti shark kuya fish (general term) marilanna small species of fish tarnipaitya seacrab yambo porpoise karka freshwater mussel ngaul yabbie Kaurna name: kuti Common European name:

bivale (probably Goolwa cockle or band cockle) Reptiles

Kaurna name Common European name kad, kadno jew lizard paitya eastern brown snake tuparra blue tongued lizard

Kaurna name: kalta Common European name: stumpy tailed or sleepy lizard

Kaurna name: ila Common European name: red bellied black snake

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 50

Aboriginal_Engagement_version_14.indd 50 19/10/2007 4:48:13 PM WORDS ASSOCIATED WITH KAURNA FOOD RESOURCES

Word Meaning bakkaburro unpeeled bakkandi digging out root vegetables, etc bittondi to press bokra also marti: rabbit eared bandicoot burta ashes burtandi to burn, to blaze burtarti boiled or roasted (cooked) gadla fire, fuel, wood Word: bundi gadlaburtulto fire stick Meaning: mallee fowl kabbaburrutti peeled kalyrarnendi to dissolve, to melt kanyandi to cook in an earth oven kanyayappa an earth oven for steaming katta digging stick kudlendi to wash or clean kudnandi to gut an animal before cooking kuinyunda bringing death: lethal, dangerous, forbidden, dangerous kuinyunda mai food that one must not eat kurka kangaroo rat Word: kudlyo kurkurla fat or grease Meaning: black swan

Word: kari Meaning: male emu

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 51

Aboriginal_Engagement_version_14.indd 51 19/10/2007 4:48:19 PM kurlo female red kangaroo kurraki white cockatoo kuyawika fishing net mabo native cat marti rabbit eared bandicoot minde a net to catch wallabies and small animals munta a net to catch large animals nanto male kangaroo pangkarri the inherited territory of a man and family head paru animal food peelta black–tailed possum pingko small burrowing animal tamarto the taste of something tarna duck Word: yaltu pelican tarnda male red kangaroo Meaning: tauanda shoveller duck timana uncooked tinkyadla quail wauwe female kangaroo wirrappi possum wirri curved throwing club wolta wolta wild turkey yammaru woven bag, basket or ‘knapsack’ yao seagull yuldamai dinner

Word: pitta Meaning: Cape Barren goose

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 52

Aboriginal_Engagement_version_14.indd 52 19/10/2007 4:48:25 PM MEANINGS OF SELECTED KAURNA PLACE NAMES

Kaurna name Meaning Present day name Bukartilla Swimming place – on Onkaparinga River Hahndorf Kaleeya Unknown Gawler Karikalinga A camp near a swamp Carrickalinga Head Karraundongga The place of the great red gum spear Hindmarsh – the old men’s symbol of authority Kowandilla A district of the Kaurna tribe Glenelg area Maitpangga Divorced wife Plain on which Myponga is situated Mikawomma Plain of meeting Plain between Adelaide & Port Adelaide Mullawirra Dry forest Forest on the east side of the Aldinga Plain Ngaltingga Place for hunting kangaroo and small Aldinga Plain animals Ngangkiparri The women’s river – refuge during war Onkaparinga River Ngurlongga Place of cohabitation Noarlunga Patparno Part of Tjilbruke’s hunting territory Rapid Bay Pattawilyangka ‘patta’ – species of gum, ‘wilya’ Glenelg – brushwood Potartang Red ochre place Red Ochre Cove

Tarndanya Red kangaroo place South Adelaide area Wanngkondananngko Place for possum-skin curing Sellicks Beach lagoon Warri Parri Windy river – particularly in the Marion Sturt River area (gully breezes) Willangga ‘willa’ – scrub, ‘ngga’ – place Willunga Willa Willa Turning around – near Torrens Arms Hotel Brown Hill Creek Witongga The reed beds Fulham Womma Mountain on the plain Mount Barker Yankalyalla Falling – from an incident in the Tjilbruke Yankalilla legend; here the body begins to fall to pieces Yertabulti Land of sleep and death Port Adelaide Yurraidla Relates to a myth about the creation of Mount Lofty and the the Mount Lofty Ranges and the two ears adjoining peak of a giant

Kaurna contact Kaurna Tappa Iri. Business Centre, C/- Richard Callaghan 1 Susan Street, Hindmarsh, SA 5007, PO Box 595, Hindmarsh SA 5007 Tel 08 8340 8188 Fax 08 8340 9098

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Kaurna Nation 53

Aboriginal_Engagement_version_14.indd 53 19/10/2007 4:48:26 PM NGADJURI NATION CONSULTATION & ENGAGEMENT PROTOCOLS

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 54

Aboriginal_Engagement_version_14.indd 54 19/10/2007 4:48:29 PM Acknowledgements

We wish to recognise the involvement of the following Ngadjuri NRM steering

committee members in the development of the Ngadjuri protocols document:

Ngadjuri NRM steering group

Mr Vincent Branson

Mr Vincent G Copley

Mrs Trudy May Shattell

Ms Betty Branson

Mrs Patricia Waria-Read

We also take this opportunity to thank the broader Ngadjuri community, which has taken

the time to read this document and make comment throughout its development.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 55

Aboriginal_Engagement_version_14.indd 55 19/10/2007 4:48:32 PM Introduction

This section is based on the recognition that Aboriginal people are the traditional

owners and original custodians of their land, and that they have an important role to

play in the natural resources management within their boundaries.

This document outlines a process that the Ngadjuri Walpa Juri steering committee

and the Ngadjuri community in the AMLR NRM Region recommend be followed in

discussion with Ngadjuri people.

The Ngadjuri Walpa Juri steering committee believes that building relationships and

identifying partnership opportunities will assist all program proponents using this

document.

We believe that by meeting environmental targets, all program proponents and the

wider community will, as a whole, achieve social and economic benefits.

Ngadjuri country exist in three regions:

• Adelaide and Mount Lofty Ranges NRM Region

• Northern and Yorke NRM Region

• South Australian Murray Darling Basin NRM Region

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 56

Aboriginal_Engagement_version_14.indd 56 19/10/2007 4:48:33 PM Protocols

Protocol objectives

1. The overall objective is to ensure that the Ngadjuri Nation takes an active role in the

implementation and management of the natural resources. This can be achieved

by identification and recognition of governance structures and by building the

capacity and leadership on matters pertaining to Ngadjuri traditional lands.

2. The underlying philosophy is that a communication and consultation process will

support the needs and aspirations in developing partnerships to improve the

management of the natural resources in the AMLR Region, within Ngadjuri country.

3. To engage the right people for the appropriate country, (refer to Ngadjuri contacts, who

are endorsed by the Ngadjuri Natural Resources steering committee).

4. Adherence will improve consultation practices between NRM Program proponents,

the relevant Aboriginal community and all relevant government departments.

5. The protocols aim to develop NRM activities that:

• are managed by the empowered community

• are of sufficient scale to require significant co-investment by a range of partners

• support social and economic reform

• develop capacity to support the guiding principles

• are inclusive

• are respectful

• are equitable and fair

• are culturally appropriate

• are long lasting and beneficial to our environment and all participating parties.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 57

Aboriginal_Engagement_version_14.indd 57 19/10/2007 4:48:35 PM Protocol 1

The Ngadjuri Walpa Juri Land and Heritage Association Inc, is a nonprofit organisation

that conducts all business activities on behalf of the Ngadjuri Nation. One of the

subcommittees is the Ngadjuri Natural Resources steering committee. Program

proponents wishing to engage the Ngadjuri Walpa Juri people need to appropriately

resource the organisation for its time and effort in the delivery of outcomes.

Program proponents wishing to consult with the Ngadjuri about NRM investment in

the region or regions of importance to the Ngadjuri people should understand and

respect the leadership structures and processes identified by the Ngadjuri Walpa Juri

steering committee.

Protocol 2

All proponents should engage this committee early, so that the process of arranging

timetables for meetings with all members are achievable.

Protocol 3

The process to contact the right people in each NRM Region will enhance all issues

of the environment.

Protocol 4

Communicating in an appropriate manner will help build reciprocal relations, To do this

it is important to:

• understand that decisions are never made by one individual

• use open and clear communication so that no one comes away with confusing and conflicting ideas about what has been said

• establish realistic timeframes

• ensure resources to assist the community to process the issues and/or situations

• know that sites of significance, artifacts and religious places of ceremonies are

important to the Ngadjuri identity.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 58

Aboriginal_Engagement_version_14.indd 58 19/10/2007 4:48:37 PM Protocol 5

Proponents must allow for time needed by the committee to properly consider all issues

before it makes its final decision. This is especially important if a funeral or illness of

elders takes place, as this will always take precedence over all other issues.

Protocol 6

It is important to understand the use and context of terminology. The Ngadjuri people

prefer the use of ‘Aboriginal’ in dealing with issues relative to country.

Ngadjuri elders:

• an Aboriginal person who is recognised and acknowledged by the Ngadjuri community

• an acknowledged Ngadjuri person who imparts generational knowledge of cultural practices and beliefs

• an acknowledged person, who nurtures, cares and teaches the Ngadjuri clan group

• an acknowledged Ngadjuri person who applies generational values and beliefs

to us so that our identity is secure.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 59

Aboriginal_Engagement_version_14.indd 59 19/10/2007 4:48:40 PM Protocol 7

The following is an overview of the Ngadjuri decision-making process:

1. Proponents call of intent

• when needing to liaise with the Ngadjuri community it is important to contact the identified people.

• please supply the Ngadjuri contacts with clear and precise information.

2. Discussion/Meeting by the Ngadjuri Walpa Juri steering committee

• this may take more than one meeting

• meetings need appropriate resources as discussed in initial conversations

(call of intent).

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 60

Aboriginal_Engagement_version_14.indd 60 19/10/2007 4:48:42 PM Ngadjuri Tools of Knowledge Ngadjuri- Our Story

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 61

Aboriginal_Engagement_version_14.indd 61 19/10/2007 4:48:44 PM Eagle and Crow told by Barney Waria In ancient times, when animals and through causing a terrible wound. birds were human beings, there was Crow ran away, laughing, happy to a camp of Aboriginal people in the think he had ruined Eagle’s foot. He Orroroo district. ran to Malkara (near Minburra, north- west of Yunta). One day, Crow went out hunting with the Eagle. Eagle would not give Crow Eagle managed to struggle home to a proper share of the meat he had his camp. His wound began to fester. captured. Crow was jealous of Eagle, Nevertheless, he was able to hobble because he was so big and strong and on, following Crow’s tracks. able to crush with ease the twig and He followed Crow north-eastwards stick mound nests of home building to Ti:talpa. He found that they had wada jerboa rats. moved on, and so he followed them Crow obtained a piece of bone from westwards to Waru:ni. He was on the a kangaroo’s leg. The bone was called hill at Waru:ni when the sore on his paija. He sharpened it with a piece foot burst open. of stone and placed it inside the rat’s The matter from the wound came nest directed upwards. He ‘spoke’ to streaking down the side of the hill; it the bone and said, ‘When I talk to you, can be seen there today in the form of you must move about, you must make a white quartz reef. people think there are many rats hidden in the nest.’ A light rain was commencing to fall and Crow and his family went into a When he met Eagle again he flattered cave on one side of this hill to avoid him, saying, ‘You are a nice, big, strong it. Eagle also looked for shelter, and man, just the one to crush these rats’ came upon this cave. Crow saw him nests. Come and jump on a nest for me.’ approaching and shouted, ‘You get He took him to the nest he had prepared away from here, your foot smell is bad.’ and said, ‘Here is one! There are plenty of He pushed Eagle out of the shelter. rats in it. See, the nest is moving.’ Eagle was furious. He went and The sharpened kangaroo bone began gathered a pile of porcupine grass and to move about as he had arranged. made a fire at the mouth of the cave. Eagle thought there were many rats in On top of it he piled green grass so as the nest. He jumped on to it, and as his to make a dense white smoke. foot come down, the bone went right

Aboriginal_Engagement_version_14.indd 62 19/10/2007 4:48:45 PM After a little while Eagle could hear threw up a piece of meat. Eagle Crow and his family coughing and caught it with his feet and flew Eagle and Crow choking. away. He swooped down a second time, whereupon his father threw Eagle thought, ‘Ah! They will soon another piece of meat into the air. be smothered now’ and went away Eagle caught it and flew away. He told by Barney Waria satisfied. Shortly after this he turned swooped down a third time, and his into a bird. father threw yet another piece of He still thought badly of the Crow rat meat into the air. Eagle caught it family. Flying up into the air, he and, flying away, sat upon a tree and swooped, down to the ground near ate it. To this day, the eagle swoops the mouth of the cave where they down to the ground after its food. were sheltering. He saw his father Thereafter Crow was able to bring seated there and spoke to him. his family out of the cave. They all ‘Where are those blackfellows? I want turned into birds. Because of the to eat them, I’m crying out for human smoking he received in the cave, the flesh.’ crow is black today: even his eyes are His father, Mura, Red Hawk of the smoky coloured. gararu moiety said, ‘No. Don’t eat Story adapted from Berndt (1987). people, eat rats.’ Thereupon he

Aboriginal_Engagement_version_14.indd 63 19/10/2007 4:48:48 PM NGADJURI LANGUAGE

There are many towns and areas of the Mid North which hint at their Ngadjuri heritage

through the use of Ngadjuri names. Numerous were named after the Ngadjuri name

for that area (e.g. Appila is a hunting ground).

The Ngadjuri language was recorded by Ronald M Berndt from Barney Waria during

February and March 1940 when he was aged 77. It was published in the Transactions

of the Royal Society of South Australia 65 (1) 25 July 1941. Some words of the

Ngadjuri language were collected by Berndt and Vogelsang in 1940 from Barney

Waria on one of his visits to Adelaide. These words show a predominance of words

about food and its gathering, which would have been one of the main occupations

of the people for their survival.

The Ngadjuri language has many words similar to the Kaurna language of the

people to the south and is very close to Yura Ngawarla, the language of present

day people to the north, some of whom still speak their language

fluently.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 64

Aboriginal_Engagement_version_14.indd 64 19/10/2007 4:48:49 PM Place names in Ngadjuri country and nearby

Appila hunting ground Beetaloo springs and creek Booborowie round waterhole Booleroo plenty of soft mud and clay Bundaleer among the hills Bungaree my country Caltowie waterhole of the sleepy lizard Coomooroo small food seeds Coonatta tree like sandalwood which has manna Eudunda Eudunda Cowie is a nearby spring Gumbowie reference to water Kapunda water jump out Koolunga the red banks of the Broughton River Moockra large rock on top of a hill, rainy place Nantabibbie black kangaroo Oodlawirra kangaroo gum tree country Pekina ‘ina’ means place of or belonging to Terowie ‘owie’ means water Ulooloo continuous and permanent stream Walloway large plain frequented by wild turkey Willochra plenty of akra (an edible green plant) Wirrabara gum forest and native water Yacka sister to the big river (Broughton) Yarcowie wide water

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 65

Aboriginal_Engagement_version_14.indd 65 19/10/2007 4:48:53 PM Plant and other foods and their storage

Wuti, the fruit of the wild peach or quandong (santalum acuminatum) can be stored. It is

collected, the stones removed and the fruit is dried in the sun. The food is then stored

in kangaroo skin bags called ‘wudlu-jakuta’. It is stored either in a dry cave or a shelter

made of a framework covered with thatch. ‘Triodia’ (kangaroo grass) is often used

for the thatch. These could be made quite watertight.

Other fruits used include varieties of mistletoe berries, native cherries (exocarpis

cupressiformis) and the fruit of the bullock bush called ‘minera’ by Adnyamathanha

people. The fruit of the Salunum ‘bush tomato’ (salunum ellipticum or salunum centrale)

is harvested when ripe. The fruit is high in vitamin C. The plant should not be confused

with other species of salunum, several of which have poisonous fruit.

Seeds

Seeds of the minga, elegant wattle (acacia victoriae) are stored in skin bags.

Sometimes they are ground before storage, and sometimes they are stored as whole

seed. Seeds and gum of the umbrella wattle (acacia oswaldii) are edible (Pedler 1994).

The word ‘vakamai’ refers to the seeds of the vaka silver wattle.

Seeds are ground between a large flat stone and smaller rounder stone. The ground

flour was called bulpa.

Nectar

Wuara, (yacca), (xanthorrhoea quadrangulata) provides orvada (nectar) from the

flowers. This is collected by rubbing the flowers with fine grass or chewed up fibre, or

by sucking it directly. This would also apply to other flowers, which provide sufficient

nectar, such as the red mallee (eucalyptus socialis) (Pedler 1994).

Vegetables

Native spinach, edible green leafy plants, are cooked in ashes. The yam daisy root was dug

using a special yam stick called a kata (Rosier in Gladstone Centenary Committee 1980).

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 66

Aboriginal_Engagement_version_14.indd 66 19/10/2007 4:48:55 PM Bulrush roots were steamed, the fibrous roots chewed to extract the starchy content,

then the fibrous remainder used to make twine. ‘Typha domingensis’ is the indigenous

bulrush, which has narrow leaves and a cinnamon spike.

Ngawala (wild pear or banana) (marsdenia australis) and their ngandi (tubers) were

eaten. The pod can be eaten whole when young, a bit like a snow pea pod, and when

older it is cooked.

Jalka (nut grass tubers) were dug and eaten.

Insects

Women dug termites from their mound nests and these were winnowed in wooden

dishes to separate them from the nest material. Hot ashes and embers were then

added to the wooden dish to cook the termites or they were ground into an oily cake.

The ghost moth was eaten.

Gum

An edible gum is found on some acacias including the golden wattle, acacia pycnantha.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 67

Aboriginal_Engagement_version_14.indd 67 19/10/2007 4:48:59 PM Technology

Weapons and other implements

Hack records waddies, sword sticks and spears, and a club with a flint stone attached

with resinous gum which was used as a cutter and a tomahawk. Ngadjuri also made nets,

lines, mats and baskets. Other local historians mention weapons such as spears,

shields and clubs, while essential food tools were the yam stick, stone tools, digging

sticks, climbing sticks for making toe holes in gum trees, and bark and wooden dishes.

(Hayward 1929, Babbage 1976 and Noye 1986). Men could climb trees quickly to

obtain possums, grubs and eggs. Their skill was much like athletic rock climbers of

today.

Some spears were long, straight, sharp pieces of wood. Suitable mallee or acacia

branches were cut and then straightened by wetting and heating in the fire to become

a little pliable, and then carefully rolled and worked to make them straight. Others

had barbs for some 20cm from the tip. These barbs were made from the teeth of

animals. Throwing sticks were sometimes used. The throwing stick was about 60cm

long. The waddie (wirri) had a handle about 60cm long with a knob on the other end

about the size of a fist (Rosier in Gladstone Centenary Committee 1980).

Water

Water was available permanently at many camp sites throughout Ngadjuri country

while in other places it was only available in good seasons. Some rockholes were

covered with rocks to limit evaporation and discourage fouling by animals.

Mallee roots could be dug up, cut and drained to access water for survival. This could

still be a handy survival skill for people lost in mallee country. Mallee roots grow radially,

not far from the earth’s surface. Ngadjuri call water from the mallee root ‘gungu’galwi’.

Fire

The Ngadjuri made fire using the percussion method. A flint stone was firmly grasped

in the left hand, and a series of striking blows were made by a piece of stone against

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 68

Aboriginal_Engagement_version_14.indd 68 19/10/2007 4:49:00 PM the flint. In this way, sparks were made which then fell onto the small pile of fur, dry

grass and shredded bark which started a fire. The stone was possibly iron pyrites,

traded from in the Mount Lofty Ranges.

The stones were called ‘judla-gunja’ (stone fire) and were carried in a kangaroo skin bag at

the side. The Eagle and Crow story refers to the percussion method of lighting fire. The

percussion method was common over South Australia. (Mountford and Berndt 1940-1).

Fire was also made by rubbing the end of a aruwatung (yacca) stick in a watatewidni

(literally meaning ‘under stick’, a piece of very dry gum). The yacca stick was rotated

by rubbing it between the palms of the hand. The group carried a fire stick when

travelling and this was then freshened up by using the dry grass and debris, which

gathered at the base of the gum trees after floods. Nearly every tree in Pekina Creek

shows scars from this method of re-igniting fires (Gray 1930).

Netmaking

Nets were traditionally made of twine made from bulrushes or the fibre of the native

hibiscus (alyogyne huegelii). Rushes were steamed in the same manner as cooking

cress, presumably in a ground oven. They were kept warm in the heap and taken two

at a time by the women and chewed from end to end to break up the pith; they were then

allowed to dry, when the pith was separated from the fibre by combing it with the fingers.

The fibre was then rolled up into twine by the men twirling it with the handonthe

naked thigh. The twine was used for making nets for fishing and for catching emu and

kangaroo; for the latter the twine was about the thickness of ‘sash cord’.

The chewing process was a very severe task for the women, and while still young their

splendid teeth were worn down to the gums. (Harris Browne, 1897)

Basket and mat weaving

Mats and baskets were woven in a similar style to those woven by Ngarrindjeri people

using the flat rush,cyperus gymnocaulos, which grows near freshwater throughout the Mid

North where it is safe from grazing animals. This particular rush is quite hard wearing. FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 69

Aboriginal_Engagement_version_14.indd 69 19/10/2007 4:49:02 PM Animal skin preparation and products

Skins were scraped clean of fat and fleshy tissue with stone scrapers made in the

shape of a kidney (called reniform or kidney shaped scrapers). These were shaped

using the percussion method with a light hammer stone. Then the reniform edge was

rubbed by harder material to become a thin functional edge. Kangaroo skin bags,

wudlu-jakuta, were made to hold the fire stone, seeds or gathered food. Possums

were far more plentiful in the Mid North in the past and their cured skins were stitched

together with kangaroo sinew for rugs and cloaks. Possum skin cloaks were folded

and used as drums for ceremonies, like the Kaurna taparu. The bokra skin was also

used. Sharpened kangaroo bone was used to make holes and then animal sinew was

threaded through the holes to sew the skins together (Noye 1986).

Stone flaking

Suitable rocks were collected or traded and then cleverly flaked to a usable size. The

flakes which came off the stones had sharp edges, and could be used for cutting and

shaping wooden weapons and implements.

Hammer stones

Large stone implements, including hammer stones and those for pecking engravings,

have been found in the Mid North, along with vast stone tool manufacturing areas.

Shelter

Wurlies were made by placing three sticks in the ground in a triangular position. Big sheets

of red gum bark were cut off and laid against the sticks. Yacca leaves and reeds were then

placed to complete the cover (Rosier in Gladstone Centenary Committee 1980).

Shelters would back against the prevailing south wind and open to the north to catch

the sun, something a great many modern houses fail to do.

Archaeology of Ngadjuri country

The types of archaeological sites which survive are campsites, economic sites,

quarries, stone arrangements, scarred trees, burials, rock engravings (petroglyphs)

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 70

Aboriginal_Engagement_version_14.indd 70 19/10/2007 4:49:04 PM and painting sites. All of these occur in the Mid North. Wooden implements mostly

succumb to white ants while artefacts made of fibre and skins degrade over time.

Campsites

Inland campsites can be recognised by scatters of animal and bird bones, seeds,

stone tools and hearths. Campsites often contain grinding stones, a small hand held

stone and a larger flatter stone used to grind seeds, ochre and grasses. They were

usually left at regularly visited campsites because they were heavy.

Stone arrangements

Stone arrangements are usually a number of rocks arranged in a pattern on the

ground, piled into a cone or propped together. They can be ceremonial, act as hides

or indicate directions.

Scarred trees

Scarred trees have had bark removed with stone tools to make small wooden objects

suitable for carrying food and babies, through to large pieces suitable for a canoe.

Some scarred trees are still present in the region, despite natural loss through

termites, wood rot and the use made of trees by the European settlers.

Engraving sites

Engraving and painting sites can represent a method of teaching people about their

environment, where to find water and food and special features of their locality. They

can also be spiritual representations of Dreaming stories (Morphy 1998).

Ngadjuri Contacts

1. Mr Vincent Copley Ph: 08 8266 5078

Chairperson of the Ngadjuri Lands Committee

2. Mr Vincent Branson Ph: 08 8284 2148

Chairperson of the Ngadjuri Heritage Committee

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngadjuri Nation 71

Aboriginal_Engagement_version_14.indd 71 19/10/2007 4:49:05 PM PERAMANGK NATION CONSULTATION & ENGAGEMENT PROTOCOLS

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 72

Aboriginal_Engagement_version_14.indd 72 19/10/2007 4:49:09 PM Acknowledgements

We wish to recognise the involvement of the following Peramangk Nation members in

the development of The Peramangk Nations protocols document.

Richard Hunter Cynthia Hutchinson Isobelle Campbell

We also take this opportunity to thank the broader Peramangk community, which has

taken the time to read this document and comment throughout its development.

Canoe tree showing the signs of the removed section of the tree which was skilfully crafted into a canoe hundreds of years ago

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 73

Aboriginal_Engagement_version_14.indd 73 19/10/2007 4:49:12 PM Introduction

Peramangk people have identified and endorsed the principles outlined below as

part of a process they believe will provide an effective mechanism for consultation,

negotiation and communication on NRM issues.

These principles help provide an understanding of the core values that Aboriginal

communities expect program proponents to commit to.

Principles for consultation

The rights of Peramangk people to own and control their culture should be respected.

These customary rights should be recognised, protected, preserved and encouraged.

They include:

1. Diversity of Indigenous people

The diversity of Indigenous people and their cultures should be acknowledged

and encouraged. Indigenous world-views, lifestyles and customary laws should be

respected and included in contemporary life.

2. Acknowledge Peramangk elders

The term ‘elders’ does not always mean men or women over fifty or sixty years of

age. A relatively young man or woman may be given the status of an elder because

of their highly respected position in the community. They may possess specific skills

and knowledge in an area which endorses their position.

3. Understanding the importance of attending funerals

Aboriginal people will travel long distances to attend funerals. The importance of

paying respect to a member of the clan or Nation will always take precedence over

other commitments.

4. Adherence to Peramangk decision making process

All people should understand and respect the leadership structures and processes

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 74

Aboriginal_Engagement_version_14.indd 74 19/10/2007 4:49:14 PM identified by each of the communities being consulted. Any approach to identify NRM

opportunities must recognise that there is a diversity of Indigenous Nations:

• Traditional owners from the land where the community is located

• Nontraditional owners, in other words the broader Indigenous community.

The roles and responsibilities of the traditional and nontraditional members of

the community are different as well as important.

The involvement of traditional owners is critical to cultural heritage protection and the

broader aspirations for recognition of Indigenous rights and responsibilities towards

land and waters.

Involvement by the broader Indigenous community is important to their rights as well

as access to economic development, employment and training opportunities.

Traditional decision-making and discussion in Indigenous communities involves

extensive and inclusive consultation and representation because the family

responsibilities and authority go beyond the nucleus family unit. This means that

individuals (particularly elders), primary family, extended families, communities

and community organisations, may all need to be included in the consultation and

negotiation process.

Therefore, NRM program proponents will need to:

• be patient, as an effective and appropriate consultation process will take time.

It is important to set realistic timeframes

• remember that decisions are rarely made by one individual. A committee

makes most decisions

• use of the protocol will not guarantee a result sought by a particular investor or

program proponent. It is just a respectful process that will lead to a decision.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 75

Aboriginal_Engagement_version_14.indd 75 19/10/2007 4:49:15 PM 5. Ensure early engagement

It is important to consult early with the traditional owner, and/or their respective

representatives.

Explain the intent of any visit or consultation from the outset and communicate with the

right people using this protocol as the best practice guide.

6. Establish a common purpose

Indigenous people understand the need to establish a common purpose or shared

vision with other agencies and community groups concerning the management of

natural resources. It is important for program components to establish a common

purpose from the outset for any proposed project. This can be achieved by:

• sitting down and having a yarn with the right people and/or their representatives.

The right people are identified in the schedule of contacts

• understanding the resource capacity of the community ie skills, knowledge,

infrastructure

• understanding the traditional management approach that Indigenous communities

apply.

7. Affirm intellectual property rights

It is essential that the cultural and intellectual property rights of Indigenous people are

recognised and protected. Peramangk people should be consulted on the use and

representation of their Indigenous cultural and intellectual property.

8. Maintain confidentiality

Confidentiality and privacy are significant issues with Peramangk people. The purpose

for which information is obtained should be negotiated and agreed. Information that

is ‘women’s business’ or ‘men’s business’ should be acknowledged as such and

not recorded or stored in such a way that is likely to been seen as disrespectful or

culturally inappropriate. Nation representatives will advise of the use of information.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 76

Aboriginal_Engagement_version_14.indd 76 19/10/2007 4:49:16 PM 9. Recognition

District rights exist for Indigenous people as part of their right to self-determination.

The Peramangk NRM steering group believes these rights should be recognised as

inherent and holistic. This includes:

• human rights to maintain a cultural economy

• customary rights related to cultural self-determination and the preservation of

distinctive cultural identities

• rights to maintain a ‘cultural economy’ related to Indigenous Nations being able

to undertake activities that secure sustainable capital from the natural resources

that historically belong to each Nation.

10. Respect for country

Peramangk people seek respect not only for themselves, but also for the natural

resources of the country. To achieve this the management of natural resources must

be sustainable, with the core values of the river and habitat systems preserved as a

legacy for future generations.

11. Policy approaches

The Peramangk NRM steering group believes that there are a number of issues with

policy approaches used by government for management of the river system, and the

role of Indigenous people in the policy development process.

There is a clear view that cultural development, environmental and social values should

be given equal status with economic values when policy and management decisions

are made.

The Peramangk Nation believes it has the right to be engaged and involved, and

wishes to be engaged and involved at all levels in the management of the river and

natural system.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 77

Aboriginal_Engagement_version_14.indd 77 19/10/2007 4:49:18 PM 12. Intellectual property rights

Peramangk people seek recognition of traditional knowledge for the contribution it can

make to NRM, as an intellectual property right.

We believe there should be comprehensive public education campaigns so

that the community has a better understanding of what is required for sustainable

resource use and of the central importance of country to Indigenous culture and spirituality.

13. Cultural economy

Cultural economy previously allowed Indigenous Nations to maintain their traditional

lifestyle across their country. The close European settlement of Peramangk country

has removed access to traditional sources of food and medicines which has now

diminished Peramangk’s cultural economy. NRM has the potential to maintain and build

inherent cultural knowledge and assist in the preservation and growth of the cultural

economy.

14. Recognition of Peramangk interests

A range of strategies should be applied, including:

• engaging existing recognised Indigenous groups such as traditional owners,

communities, heritage groups, native title groups, individual landowners and

specialist Indigenous organisations and enterprises

• recognising traditional owners and their custodial responsibilities for land

and waters

• recognising elders as the voice/speakers for their country and their people.

• providing adequate resources to support traditional owners so they can participate

equitably in policy and management decisions

• developing mechanisms for compensation where the traditional cultural

economy is diminished.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 78

Aboriginal_Engagement_version_14.indd 78 19/10/2007 4:49:19 PM 15. Pathway for engagement

The Indigenous communities themselves can best identify the most effective pathway

for engaging Indigenous communities in NRM. To that end the Peramangk community

has identified a schedule of contacts and endorsed a National best practice framework

(refer to the Tools of knowledge), it believes will enable effective dialogue between

NRM program proponents and Indigenous communities.

Today peramangk people actively participate in the sharing of their knowledge through cultural stories and tourism. Such activities ensure cultural integrity is maintained and shared. Ngaut ngaut cultural tours are a living example of aboriginal economic independence.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 79

Aboriginal_Engagement_version_14.indd 79 19/10/2007 4:49:23 PM Peramangk Nation Tools of knowledge

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 80

Aboriginal_Engagement_version_14.indd 80 19/10/2007 4:49:24 PM Introduction

Tools of knowledge for the Peramangk people are very fragmented because of

the early dispersement and relocation of the Peramangk as the Adelaide Hills were

subdivided and settled. Some of the Peramangk moved to Adelaide and were gradually

absorbed by the Kaurna people, while some went the other way and joined with the

Yaralde people from the lakes area. Yet another group moved east and joined with

the Nganguraku people and it is from this group that most of the knowledge has

survived.

Traditional custodians

Traditional custodianship has been handed down from some of the last Peramangk

people to frequent the Hills, Jerry Mason and his wife Jinny (Jenny) Christmas, who

were descendants of King John and Queen Monarto, two of the most documented

Peramangk people during the settlement of the Hills. In more recent times, the

custodians were Colin Cook, Jerry Mason Jnr. and Tarby Mason. On the passing of two

of these people, Colin Cook took Richard Hunter and taught him the skills and knowledge

necessary to take over the role of custodian when it became necessary. Thus upon

the passing of Colin, Richard became the recognised custodian for the Peramangk

people. The reasons for the choice of Richard Hunter were not only the traditional ones

of having the closest spiritual ties to the land, but also because his father, Harry Hunter

was married to a daughter of Tarby Mason, Evelyn. Richard Hunter continues in his

role and is now teaching one of his daughters, Isobelle, the skills to continue this role in

the future. [During the finalising of this document Richard Hunter sadly passed

away. Isobelle Campbell now continues the work of her father and ancestors

before him.]

Region

The region covered by the Peramangk people was the Adelaide Hills, from about 10

kms east of the most easterly escarpment, right through the hills to the valley on the

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 81

Aboriginal_Engagement_version_14.indd 81 19/10/2007 4:49:26 PM eastern side of the western ridge. There were no distinct boundaries but, there was

always a corridor of shared land on which the Peramangk and their neighbours, be it the

Kaurna, Ngarrindjeri, Ngadjuri, or the Nganguraku people, shared the responsibilities.

Way of life

The way of life that the Peramangk people enjoyed before European settlement was

destroyed forever with the allocation of land and associated close settlement of the

Adelaide Hills. The cultural connection that the people had with the land and their special

places was not passed down to the next generation by the majority of Peramangk

families. This was seen by some as a way of ensuring that this knowledge was not

‘lost’ to the Europeans as the land had been lost. Elders were of the view that their land

had been taken from them, they were denied the right to practice their culture and their

spiritual connection to country was not being respected. To pass on the knowledge to

others would mean giving away the last remaining part of their identity.

The new families that passed this knowledge down did so with the caution that this was

knowledge for the Peramangk only, not to be shared with all and sundry, explaining

why so much of the recorded Peramangk history came ‘second hand’ from Kaurna and

Ngarrindjeri people.

The cultural values of shelter, home lands, tools, food, flora and fauna no longer exist

for the Peramangk people as there is no Peramangk owned or managed land in the

Adelaide Hills, so Peramangk people have nowhere that these practices can either

continue or be passed down to future generations. Therefore the history is passed

down only as oral history and many of these skills need to be learned practically or

visually to be learned properly.

Language

The language of the Peramangk has existed only in a fragmented form for over a

hundred years and there is not enough of it known for it to be revived.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 82

Aboriginal_Engagement_version_14.indd 82 19/10/2007 4:49:27 PM Peramangk Contact

Peramangk NRM Steering Group

Po Box 58 Nildottie SA 5238

Isobelle Campbell Ph: 08 8570 1202 Fax: 08 8570 1203

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 83

Aboriginal_Engagement_version_14.indd 83 19/10/2007 4:49:31 PM Current recognition of the Peramangk in the Hills

Very little recognition is given to the Peramangk in the Hills today. Some schools

acknowledge that they stand on Peramangk land on special occasions and even

fewer of the local government councils acknowledge the traditional owners. More

acknowledgment comes from individual land owners than from official quarters.

While realising how important it is to improve processes with regional bodies, the

scarcity of any published histories about the Peramangk people makes this an extremely

difficult process. At present there are only three works that specifically apply to the

Peramangk and two of these are still in draft form. The works are Crossing the river

by Colin Cook and Steve Hemmings, Peramangk, Aboriginal people of the Mount Lofty

and Barossa Ranges, by Adele Pring, and a publication by Robin Coles about rock art

in Peramangk country.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 84

Aboriginal_Engagement_version_14.indd 84 19/10/2007 4:49:34 PM Educating the appropriate youth is mainly done through oral history, but some on

ground skills are being imparted by working with the W.E.A. and Isobelle Campbell in

the presentation of escorted tours of some of the Peramangk painting sites.

The was of limited importance to the Peramangk people; its main uses

were as a major trade route and an assured source of water in times of drought.

The chance to be involved in environmental management as regards to issues

relating to soil and water, does not exist for the Peramangk, because 90 per cent

of the land in their traditional area is privately owned freehold land and there is no

scope for Indigenous input. If, at in the future, the government of the day should

return some land to the control of the Peramangk, then the elders could start to

demonstrate and teach these age-old skills to the young people, thus giving them a

sense of belonging.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Peramangk Nation 85

Aboriginal_Engagement_version_14.indd 85 19/10/2007 4:49:36 PM NGARRINDJERI NATION YARLUWAR-RUWE PLAN

Caring for Ngarrindjeri sea country and culture

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 86

Aboriginal_Engagement_version_14.indd 86 19/10/2007 4:49:38 PM NRM Protocols and tools of knowledge

Caring for Ngarrindjeri country and culture

Prepared on behalf of the Ngarrindjeri Nation by

• The Ngarrindjeri Tendi

• The Ngarrindjeri Heritage Committee

• The Ngarrindjeri Native Title Management Committee

• Supported by the Ngarrindjeri Land and Progress Association (Inc.)

Dedication

This document is dedicated to all past, present and future Ngarrindjeri. Our respect

for all living things and our fight for truth, justice and equity within our lands and

waters guides us. May our Spirits find rest and peace within our lands and waters.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 8787

Aboriginal_Engagement_version_14.indd 87 19/10/2007 4:49:41 PM Copyright

© 2006 Ngarrindjeri Tendi, Ngarrindjeri Heritage Committee, Ngarrindjeri Native Title

Management Committee

Acknowledgements

The following groups and individuals are gratefully acknowledged for their

contributions:

• Ngarrindjeri Tendi (Rupelli George Trevorrow, chairperson)

• Ngarrindjeri Heritage Committee (Tom Trevorrow, chairperson)

• Ngarrindjeri Native Title Management Committee (Matt Rigney, chairperson)

• Ngarrindjeri Land and Progress Association (Tom Trevorrow, chairperson)

• Ngarrindjeri Governance Working Party (George Trevorrow, chairperson)

• Ngarrindjeri Natural Resources Management Committee (George Trevorrow, chairperson)

• All Ngarrindjeri elders and people who had input into this plan. Steve Hemming (Flinders University), Dermot Smyth (Smyth and Bahrdt Consultants), Margaret Ayre (National Oceans Office), Shaun Berg (Hunt and Hunt), Professor Diane Bell, Patrick Byrt (Roma Mitchell Community Legal Centre), David Sjoberg (Camp Coorong: Race Relations and Cultural Education Centre)

Information in this section may be reproduced in whole or part for study or training

purposes, subject to acknowledgement of the source and providing no commercial

usage or sale of the material occurs. Reproduction for other purposes requires

written permission from the Ngarrindjeri Tendi, Ngarrindjeri Heritage Committee,

Ngarrindjeri Native Title Management Committee.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 88

Aboriginal_Engagement_version_14.indd 88 19/10/2007 4:49:43 PM Ngarrindjeri concern for country

The land and waters is a living body.

We the Ngarrindjeri people are a part of its existence.

The land and waters must be healthy for the Ngarrindjeri people to be healthy.

We are hurting for our country.

The land is dying, the river is dying, the Kurangk (Coorong) is dying and the Murray mouth is closing.

What does the future hold for us?

Tom Trevorrow, Ngarrindjeri elder, Camp Coorong 2002.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 8989

Aboriginal_Engagement_version_14.indd 89 19/10/2007 4:49:48 PM Ngarrindjeri vision for country

Kungun Ngarrindjeri Yunnan

(Listen to what Ngarrindjeri people have to say)

Our lands, our waters, our people, all living things are connected. We implore people

to respect our Yarluwar-Ruwe (Country) as it was created in the Kaldowinyeri (the

Creation). We long for sparkling, clean waters, healthy land and people and all living

things. We long for the Yarluwar-Yarluwar-Ruwe (sea country) of our ancestors. Our

vision is all people caring, sharing, knowing and respecting the lands, the waters

and all living things.

Our goals are:

• For our people, children and descendants to be healthy and to enjoy our healthy

lands and waters

• To see our lands and waters healthy and spiritually alive

• For all our people to benefit from our equity in our lands and waters

• To see our closest friends – our Ngartjis – healthy and spiritually alive

• For our people to continue to occupy and benefit from our lands and waters

• To see all people respecting our laws and living in harmony with our lands and

waters.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 90

Aboriginal_Engagement_version_14.indd 90 19/10/2007 4:49:49 PM The Indigenous people of the Lower River Murray, Lakes and Coorong, known as the

Ngarrindjeri, first flew and adopted this flag on 21 November 1999 on Kumarangk

(Hindmarsh Island)

The 18 dots represent the 18 Laklinyeris (tribes) that make up the Ngarrindjeri Nation.

The spears represent the traditional fishing spears of the Ngarrindjeri. The boomerang

is the sacred boomerang that, when thrown, circles the Laklinyeris informing their clan

leaders to attend a Nation meeting called Tendi (which makes and interprets Ngarrindjeri

law). The blue represents the waters of Ngarrindjeri Country. The sun gives life. The

ochre colour of the boomerang represents our mother – Mother Earth.

Information for this section has been sourced from the soon to be

released document Ngarrindjeri sea country plan. The sea country plan

represents a significant investment by Ngarrindjeri people in the ongoing

relationships and future management of their country. The sea country

plan will be available for the general public in 2007 from the contacts

supplied within this section.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 9191

Aboriginal_Engagement_version_14.indd 91 19/10/2007 4:49:51 PM About the Ngarrindjeri sea country plan

The Ngarrindjeri sea country plan has been prepared by Ngarrindjeri people to help

government agencies, natural resources managers, researchers, industry and the

wider Australian community to better understand and recognise our rights to our sea

country, including the Lower Murray River, Lakes, Coorong and adjacent marine and

land areas.

Our vision for our sea country is based on the relationship between our people and

our sea country which goes back to Creation. The river, lakes, wetlands/nurseries,

Coorong estuary and sea have sustained us culturally and economically for tens of

thousands of years.

Owing to the abuse and misuse of Ngarrindjeri lands and waters by nonindigenous

people, and the denial of Ngarrindjeri rights and interests, we now find that as the

traditional owners of our lands and waters and all living things, we must stand up and

speak out to save our Yarluwar-Ruwe (country) before we reach the point of no return.

Part 1 of the sea country plan introduces our people and culture and explains our

relationship with our sea country.

Part 2 describes the background and processes that led to the development of

this sea country plan, and outlines the major issues that are addressed later in the

document.

Part 3 outlines the issues, objectives, strategies and priority actions that we intend

to address to realise our vision for the future of our sea country.

Part 4 explores opportunities for partnerships for implementing our sea country plan.

We invite you to read our sea country Plan carefully and commit yourself to working

with us for the benefit of our shared future and for our land and waters upon which

we all depend.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 92

Aboriginal_Engagement_version_14.indd 92 19/10/2007 4:49:52 PM NGARRINDJERI PEOPLE AND COUNTRY

Respect

Ngarrindjeri respect the gifts of creation that Ngurunderi passed down to our spiritual

ancestors, our elders and to us. Ngarrindjeri must follow the traditional laws; we must

respect and honour the lands, waters and all living things. Ngurunderi taught us our

Miwi, which is our inner spiritual connection to our lands, waters, each other and all

living things, and which is passed down through our mothers since creation.

Our great grandmothers, grandmothers and mothers fought to protect our spiritual

waters from desecration when a bridge to Kumarangk (Hindmarsh Island) was to be

built. Now we fear a new proposal to build a twin lakes system in Lake Alexandrina

which would further destroy the creation of our lands and waters.

Ngurunderi taught us how to sustain our lives and our culture from what were our

healthy lands and waters. The lands and waters must be managed according to our

laws to make them healthy once again. As the Ngarrindjeri Nation we must maintain

inherent sovereign rights to Yarluwar-Ruwe. Ngarrindjeri people have a sovereign right

to make their living from the lands and waters in a respectful and sustainable way.

We are asking nonindigenous people to respect our traditions, our rights and

our responsibilities according to Ngarrindjeri laws.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 9393

Aboriginal_Engagement_version_14.indd 93 19/10/2007 4:49:56 PM Ngurunderi the Creator

A long, long time ago Ngurunderi our Spiritual Ancestor chased Pondi, the giant

Murray Cod, from the junction where the Darling and Murrundi (River Murray) meet.

Back then, the River Murray was just a small stream and Pondi had nowhere to go.

As Ngurunderi chased him in his bark canoe he went ploughing and crashing through

the land and his huge body and tail created the mighty River Murray. When Ngurunderi

and his brother-in-law Nepele caught Pondi at the place where the fresh and salt water

meet they cut him up into many pieces, which became the fresh and salt water fish

for the Ngarrindjeri people. To the last piece Ngurunderi said, “you keep being a Pondi

(Murray Cod)”.

As Ngurunderi travelled throughout our Country, he created landforms, waterways and

life. He gave to his people the stories, meanings and laws associated with our lands

and waters of his creation. He gave each Lakalinyeri (clan) our identity to our Yarluwar-

Ruwe (country) and our Ngarjtis (animals, birds, fish and plants) – who are our friends.

Ngurunderi taught us how to hunt and gather our foods from the lands and waters. He

taught us, don’t be greedy, don’t take any more than what you need, and share with

one another. Ngurunderi also warned us that if we don’t share we will be punished (see

the Thukeri story).

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 94

Aboriginal_Engagement_version_14.indd 94 19/10/2007 4:50:00 PM THUKERI (Bony Bream) story

A long time ago two Ngarrindjeri men went fishing in a bay near Lake Alexandrina

to catch the thukeri mami (bream fish). They set off in their bark canoe to catch the

big fat thukeri. They fished and fished until their canoe was over full and they said,

we have plenty of thukeri, we will paddle to shore before we sink. As they paddled to

shore they saw a stranger coming towards them. So they covered up the thukeri with

their woven mats because they said this man might want some of our thukeri. When

they approached the shore the stranger said to them ‘hey brothers, I’m hungry. Have

you any fish to share” But the two Ngarrindjeri men said ‘no we haven’t many fish, we

only have enough to feed our families’.

So the stranger began to walk away. Then he turned and said ‘you have plenty of fish

and because you are greedy and don’t want to share you will not enjoy the thukeri fish

ever again’. As the stranger walked away the two Ngarrindjeri men laughed at him.

When the Ngarrindjeri men unloaded the thukeri on to the banks to scale and clean

them, they saw that their nice big fat thukeri were bony. They did not know what

had happened, and went home to the campsite in shame to tell the elders what had

happened. The elders were angry and said the stranger was Ngurunderi their Spirit

Ancestor, and because they were greedy and would not share with him he had put a

curse on the thukeri mami. Now all the Ngarrindjeri people would be punished.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 9595

Aboriginal_Engagement_version_14.indd 95 19/10/2007 4:50:04 PM Our history

Tens of thousands of years looking after Yarluwar-Ruwe

Ngarrindjeri have occupied, enjoyed, managed and used our lands and waters since

creation. We were here when the sea level began rising about 18,000 years ago, and

our ancestors watched the sea flooding over the coastal plains. We were here when the

sea stabilised at its current level about 5,000 years ago. Our creation stories record

these dramatic changes. We were here when the European invaders began stealing

our land and our resources; killing our people and our Ngartjis, such as Kondoli (whale)

and Paingal (seal); polluting our rivers, lakes and Coorong; and draining our wetlands/

nurseries. And we are still here!

Because of the richness of our natural resources and our sustainable use and

management of them, our sea country supported among the highest density of

Aboriginal population anywhere in Australia prior to European invasion. Our population

at that time has been estimated to be 6,000 people. Our culture and economy have

always depended on the resources of our Yarluwar-Ruwe. We used and continue to use

the resources of the land, but it was the saltwater and freshwater environments that

provided us with most of our needs.

Such was the wealth of sea and marine life, including fish, shellfish, eels, waterbirds

and water plants, that we have always lived a settled lifestyle. Our knowledge of our

sea country will continue to underpin our survival and our economy. Tendi, our formal

governing council, ensured and will continue to ensure our stable and sustainable

society, which maintains our obligations to sea country.

Our creation stories and oral traditions have been passed down from generation to

generation and with them a detailed knowledge of our Yarluwar-Ruwe.We developed

many tools and other equipment to harvest and process our resources, including fish

nets, fishing weirs, spears, lines, snare traps, decoys, bark canoes, reed rafts, large

floating fishing platforms and woven baskets. Our capacity for storing food enabled us

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 96

Aboriginal_Engagement_version_14.indd 96 19/10/2007 4:50:05 PM to organise large gatherings of Ngarrindjeri people to engage in trade, ceremonies

and other social activities with neighbouring Nations.

Ngarrindjeri people speak a common . We comprise several

peoples, each with particular knowledge about areas of Ngarrindjeri sea country.

We are all linked through creation stories, creation trails and sites, ceremonies and

sacred places. Central to our shared culture is our creator ancestor Ngurunderi

whose travels and actions created the River Murray, the lakes, the Coorong and

coastal hummocks, our lands, waters, fish and resources.

Towards the end of his journey Ngurunderi placed his Yuke (canoe) into the dark

night sky where it became Warriewar (the Milky Way). Like other creation stories,

Ngurunderi’s journey ended at Kangaroo Island from where he ascended into the sky

and became the bright star in Warriewar. Ngurunderi’s story also refers to the role

of ancestral women (in this case Ngurunderi’s two wives) in creating the Country we

know today.

Both men and women hold special cultural and environmental knowledge and men

and women have always been involved, and continue to be involved, in passing down

our knowledge between generations and in decision making about Ngarrindjeri

affairs, land waters and resources. Ngarrindjeri people hold cultural and spiritual

connections to particular places, to particular species of animals and plants, and all

elements of the environment are part of our kinship system. Particular animal and

plant species are the Ngartji (totem or special friend) of Ngarrindjeri people, who

have special responsibility to care for their Ngartji. To care for Ngartji is to care for

country.

The Ngarrindjeri vision for sea country has always been the same.

The waters of the seas, the waters of the Kurangk (Coorong), the waters of the rivers

and the lakes are all spiritual waters. The creation ancestors taught us how to respect

and understand the connections between the lands, the waters and the sky. The place

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 9797

Aboriginal_Engagement_version_14.indd 97 19/10/2007 4:50:07 PM where the fresh and salt waters mix is a place of creation where Ngarjtis breed. Our

women fought to protect these spiritual waters by objecting to the building of the

bridge to Kumarangk (Hindmarsh Island). Any future plans affecting these waters

must respect our cultural traditions and beliefs. We implore nonindigenous people to

respect the Yarluwar-Ruwe as it was created in the Kaldowinyeri (the creation).

Our old people have rejoiced about the return to Ngarrindjeri Yarluwar-Ruwe, of

Kondoli our whale ancestors. Some of our Ngartjis have not returned to our lands

and waters. We mourn the loss of our closest friends. We fear for the animals, fish,

birds and all living things in our seas and waterways. We hope that the growing

awareness of nonindigenous people will not be too late.

We know that many of our Ngartjis travel to other countries during certain times

of the year and therefore we have a cultural responsibility to care for each other’s

Ngartji, and to care for each other’s lands and waters. We have always recognised

our responsibilities and connections to other parts of Australia and to distant lands.

In recent times we have learned that our Ngartjis travel to places such as Great

Turtle Island (North America) and other countries.

Our Ngarrindjeri vision for our sea country must remain strong, for the

health and survival of our brothers and sisters in distant lands that rely

on our Ngartjis – birds, fish and other animals – that are nourished by our

Yarluwar-Ruwe and travel over long distances.

The land and waters is a living body. We, the Ngarrindjeri people, are a part of its

existence. The land and waters must be healthy for the Ngarrindjeri people to be

healthy. We say that if Yarluwar-Ruwe dies, the waters die, our Ngartjis die, and then

the Ngarrindjeri will surely die.

We ask nonindigenous people to respect and understand our traditions, our

rights and our responsibilities according to Ngarrindjeri laws and to realise

that what affects us, will eventually affect them.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 98

Aboriginal_Engagement_version_14.indd 98 19/10/2007 4:50:08 PM Impact of European invasion and settlement

Since European arrival, terrible crimes have been committed against the lands, the

waters and all living things, and against the Ngarrindjeri people. Ngarrindjeri are

living with the pain and suffering from the acts of terror and violence that were

inflicted upon our old people. This pain has been passed down to us through the

generations. Our lands and waters were stolen, our children were stolen and our old

people’s bodies were stolen from our burial grounds.

The first Europeans to arrive on our country were supposed to make treaties with

Ngarrindjeri for the use, purchase and occupation of our lands and waters. The

Letters Patent of 1836 that authorised the British colonisation of the Province

of South Australia expressly sought to protect our traditional rights to land and

resources in the following words:

………Provided always that nothing in those our Letters Patent contained shall affect

or be construed to affect the rights of any Aboriginal Natives of the said province

to the actual occupation or enjoyment in their own persons or in the persons of

their descendants of any lands therein now actually occupied or enjoyed by such

natives.

These provisions of the Letters Patent were the foundation on which the Ngarrindjeri

vision for sea country could have been built, but sadly the South Australian Company

ignored the written orders from King William IV of the United Kingdom of Great Britan.

In 2003, based on provisions of the Letters Patent and similar protections provided

in legislation relating to the establishment of the province of South Australia,

we petitioned the South Australian government to transfer title of crown land to

Ngarrindjeri people and to negotiate a treaty with us. So far there has been no

response to our genuine request, as traditional owners of our lands and waters, for

a treaty and just settlement.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 9999

Aboriginal_Engagement_version_14.indd 99 19/10/2007 4:50:10 PM Our contact with Europeans began in about 1810, when sealers operating from

Kangaroo Island kidnapped Ngarrindjeri women and introduced venereal diseases.

Soon after, other introduced diseases such as smallpox took a heavy toll on our people.

The stealing of our land by the South Australian authorities was illegal according to the

instructions of the British Crown. Farmers and other settlers began occupying these

stolen lands in about 1840. This was swiftly followed by destructive changes to our

environment, the effects of which continue to impact on us today.

Since the 1860s successive South Australian governments have supported the

construction of a huge network of agricultural drains in the south-east of our country.

Water that once brought life to a vast expanse of wetlands was drained into the sea,

and the Coorong and other inland wetlands have been denied their major source

of freshwater. As a result of this destructive land management, the Coorong - for

thousands of years a major focus of our culture and economy - began to deteriorate

and is rapidly dying today. According to recent scientific studies two thirds of the

Coorong is irreparably damaged.

From 1935 to 1940 the South Australian government funded the construction of five

barrages at the southern end of Lake Alexandrina for the purpose of preventing the

flow of saltwater into Lake Alexandrina and the Murray River. Until that time, saltwater

mixed with fresh water and sometimes travelled great distances up the river and the

ecosystems of the lakes and the river had depended on the mixing of saltwater and

freshwater.

The barrages were built at the request of European landowners and without the

consent of Ngarrindjeri people. For the last 65 years we have witnessed the decline in

the health, wildlife and other resources of the lakes and the river, made worse by the

deliberate introduction of exotic species, such as the European carp and destructive

farming practices such as dairy farming, irrigation, land clearing and cattle and sheep

grazing.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 100

Aboriginal_Engagement_version_14.indd 100 19/10/2007 4:50:12 PM In 1859 a Christian mission was established by the Aborigines’ Friends Association

at Point McLeay (now Raukkan Community), which provided a refuge for some

Ngarrindjeri people who had been forced from their lands. However, missionaries such

as George Taplin believed that the only way for Ngarrindjeri people to survive was to

adopt European traditions and to become Christians. This meant that our language,

traditional belief systems, culture and heritage were not valued by the South Australian

government and the majority of the nonindigenous community, and were undermined

by the missionaries. We know that in 1836 the British Crown recognized our human

rights through the Letters Patent and our equitable rights as British subjects. We also

recognise that some South Australians have long supported, and continue to support,

our human rights. Threats to our traditional beliefs and sacred places have continued

into recent times. The proposal to build a bridge to Kumarangk (Hindmarsh Island)

during the 1990s directly threatened Ngarrindjeri women’s and men’s cultural beliefs

and cultural sites.

The majority of Ngarrindjeri people rejected the unjust outcome of the 1995 Hindmarsh

Island Bridge Royal Commission. In 2001, a federal court decision by Justice Von

Doussa completely contradicted the findings of the royal commission, but by then the

bridge had been built, our beliefs desecrated and our sites destroyed.

Although Ngarrindjeri have watched the continuing destruction of our lands and

waters we will always respect our laws of sharing, caring and respect. Because of

our knowledge, our inherent rights to our lands and waters, and our cultural spiritual

responsibility we must be recognised as equal partners in caring and sharing for

country.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 101101

Aboriginal_Engagement_version_14.indd 101 19/10/2007 4:50:13 PM Our future

Until our rights and responsibilities are acknowledged and respected this pain,

suffering and continued denial of our inherited rights will be passed down to

our children and their children’s children. We seek a just settlement of the past,

recognition of our inherent rights in our Yarluwar-Ruwe (Our Country), an apology

for the pain and suffering inflicted upon us, and compensation that will provide us

with the resources to build a healthy future for our children and our grandchildren.

We want to build partnerships, through Kungun Ngarrindjeri Yunnan Agreements,

on foundations of trust and respect – this is the path our leaders have chosen. We

congratulate the vision of the Alexandrina Council in signing the first ever Kungun

Ngarrindjeri agreement with the Ngarrindjeri Nation, which includes a ‘sincere

expression of sorrow and apology to the Ngarrindjeri people’.

We have long understood that for our rights, culture and heritage to be respected

we must actively help the wider community to understand our history, our traditions,

our beliefs and way of life. For more than twenty years we have operated a unique

residential cross-cultural awareness and education facility at Camp Coorong, near

Meningie. Many thousands of Australians of all ages and backgrounds have attended

courses and workshops at Camp Coorong and we have been encouraged by their

willingness to listen to our side of the story and to reassess their own understanding

of Australia’s history and peoples. To counter ongoing challenges and threats to our

cultural beliefs, special places and traditional practices, we will continue to engage

in cross-cultural awareness teaching and we look forward to sharing our knowledge

of culture and country with many more Australians and international groups in the

years ahead.

Our old people taught us to share with others. We invite all who respect us to join with

us in our responsibility and duty to care for country. Let us walk together to build a

healthy future for our children, our grandchildren and all generations to come.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 102

Aboriginal_Engagement_version_14.indd 102 19/10/2007 4:50:15 PM FUTURE MANAGEMENT OF NGARRINDJERI COUNTRY

This section sets out intentions for the future management of coastal lands and

waters. For ease of explanation and to help develop strategic and priority actions we

discuss future management under several issues. All these issues are interrelated and

they all reflect the intention to meet our cultural obligations to protect and conserve

our country, and the intention to achieve a fair economic benefit from the sustainable

use of country.

ISSUE 1: PROTECTED AREAS

The South Australian government has established numerous protected areas

(particularly National parks and conservation parks) over portions of our country.

The government is also currently developing proposals to establish a network of

marine protected areas in coastal waters around South Australia, which will include

marine protected areas in our sea country. We acknowledge that the objectives

of protected area management have much in common with our own intentions for

caring for country, and that we are now consulted in some aspects of managing

some protected areas. However, none of the existing protected areas on Ngarrindjeri

country were established with our consent and the management arrangements in

place do not adequately reflect our rights and obligations to country. Some advances

have been made towards appropriate Aboriginal involvement in the governance and

day to day management of protected areas elsewhere in South Australia, Australia and

internationally. We note that current international best practice requires governments

to negotiate with and obtain the consent of Indigenous peoples before the protected

areas are established on their traditional land and sea areas. Management plans of

protected areas tend to focus almost exclusively on their biodiversity values and some

archaeological values, with little or no recognition that animals, plants landscapes and

seascapes also possess cultural values which are vitally important to Ngarrindjeri

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 103103

Aboriginal_Engagement_version_14.indd 103 19/10/2007 4:50:16 PM people and which must be taken into account in protected area management. A

further shortcoming of some existing government-managed protected areas is that

they establish separate protection and management regimes over terrestrial, marine

and freshwater environments, rather than providing integrated management of all

these ecologically and culturally interrelated environments. Existing protected areas

within Ngarrindjeri Country include:

• Tilley Swamp Conservation Park

• Gum Lagoon Conservation Park

• Bunbury Conservation Park

• Martin Washpool Conservation Park

• Mount Boothby Conservation Park

• Carcuma Conservation Park

• Ferries-McDonald Conservation Park

• Coorong National Park

• Coorong, Lake Alexandrina and Lake Albert Ramsar Site.

Of these, the Coorong National Park and the Coorong, Lake Alexandrina and Lake

Albert Ramsar Site are particularly important to Ngarrindjeri people as they include

environments and resources that have been central to our cultural survival for

thousands of years.

Objectives for protected areas

Our prime objective is to secure the appropriate recognition of our rights, interests

and values in all matters relating to the establishment and management of protected

areas within our country. Such recognition includes:

• negotiation with and consent by Ngarrindjeri people prior to the establishment

of any new protected areas within our country

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 104

Aboriginal_Engagement_version_14.indd 104 19/10/2007 4:50:18 PM • return of all existing and future protected areas on our country (a priority is the

hand-back of the Coorong National Park) with agreements setting the terms of

future management

• recognition of Ngarrindjeri values and knowledge in the development and

implementation of all protected area management plans on Ngarrindjeri

country

• economic benefit from the management of protected areas, including training

and employment of rangers and other staff, and the delivery of cultural

interpretation services.

Strategies and priority actions for protected areas

1. Create an agreement with the AMLR NRM Board for the recognition of Ngarrindjeri

rights, interests and values with respect to all protected areas within Ngarrindjeri

country, including steps towards achieving the objectives listed above.

2. Obtain information and independent advice relating to protected area management

arrangements elsewhere in Australia and overseas to assist Ngarrindjeri people to

achieve the above objectives.

3. Seek support from other Indigenous organisations, nongovernment conservation

groups and the general public to assist Ngarrindjeri people to achieve the above

objectives.

4. As a matter of urgency, negotiate amendments to the plans of management

for Coorong National Parks and The Coorong, Lake Alexandrina and Lake Albert

Ramsar Site to include recognition of Ngarrindjeri rights, interests and values and

to incorporate such recognition into a Kungun Ngarrindjeri Yunnan agreement. This

will require resources for the Ngarrindjeri governing bodies to conduct research and

planning to produce Ngarrindjeri policies and strategies for the new management

plans.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 105105

Aboriginal_Engagement_version_14.indd 105 19/10/2007 4:50:20 PM 5. Explore options for acquiring ownership of Ngarrindjeri Ruwe for management by

Ngarrindjeri people as a protected area, either as part of the Coorong National Park

or as an Indigenous protected area.

6. Request support from the Commonwealth Department of the Environment and

Heritage and the South Australian Department for Environment and Heritage to explore

opportunities for establishing Indigenous protected areas on Ngarrindjeri Country.

ISSUE 2: FISHERIES

Freshwater and saltwater fishing have been fundamental to our cultural economy

since time immemorial, and we continue to depend on freshwater and saltwater

resources for cultural and economic wellbeing. Our knowledge of marine, intertidal,

estuarine and freshwater environments has enabled us to sustainably harvest many

species of fish and shellfish. Many of these species are Ngartji (totems or special

friends) for us, are significant for their part in our creation stories and have other

cultural values. Over thousands of years we developed a sophisticated array of fishing

technology, including:

• several different types of nets made from manangkeri (bulrush – Typha sp.) for

catching different species of fish

• fish hooks made from bone and shell

• spears and clubs

• stone fish traps

• fishing weirs made from branches, stakes or woven rushes. Kurangk marte

marmi (stone fish trap)

We catch fish to feed our people. We also have a long established tradition of smoke

drying fish for trading with neighbours, and hence commercial fishing has always

been part of our cultural economy. In the early days of nonindigenous settlement

we operated a commercial fishing enterprise at Point McLeay (Raukkan) and many

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 106

Aboriginal_Engagement_version_14.indd 106 19/10/2007 4:50:21 PM Ngarrindjeri people have been employed in the fishing industry over the last 150

years. We are aware that the Australian Law Reform Commission recommended in

1986 that fisheries and other natural resources should be allocated and managed

according to the following priorities:

1. Conservation and other identifiable overriding interests

2. Traditional hunting and fishing

3. Commercial and recreational hunting and fishing.

Despite these recommendations and our strong cultural and economic connection to

the marine and freshwater fisheries in our country, we have received little recognition

in fisheries management in this region and we have benefited little from the economic

use of our traditional fisheries resources by others.

Over the years, fisheries laws, regulations and management plans have restricted

traditional use of fishery resources (for example equating our rights, interests and

values with those of recreational fishers), while favouring access and unsustainable

use of these resources by others. Environmental damage to the Coorong and Murray

River has further reduced our access to traditional fishery resources. While recent

government management plans refer to the cultural significance of environments and

resources to Ngarrindjeri people, these plans are grossly inadequate in addressing

our rights, interests and values, nor do they provide adequate mechanisms to protect

our values and resources from further damage.

Current fisheries management arrangements treat Ngarrindjeri people as recreational

fishers, with the same rights and interests as a tourist from anywhere in Australia

or overseas. The only exception is that an exemption is provided to allow the use

of one gill net for the purposes of cultural education activities conducted at our

cross-cultural awareness training facility at Camp Coorong. While that exemption

is welcome, it is far short of adequate recognition of our full rights, interests

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 107107

Aboriginal_Engagement_version_14.indd 107 19/10/2007 4:50:23 PM and values. This arrangement continues to deny the vast majority of Ngarrindjeri people

the right to freely practice their culture on their own traditional country.

Objectives for fisheries

Our prime objective is to secure the recognition of our rights, interests and values in all

matters relating to the use and management of fisheries resources within our country.

This can be achieved by:

• promoting understanding of Ngarrindjeri rights, interests and values

• acceptance in fisheries management plans, legislation and other legal and policy

instruments

• the design and implementation of fisheries management arrangements that

reflect our cultural obligations to country and resources, including opportunities

for Ngarrindjeri people to:

~ continue cultural fishing practices

~ exercise traditional decision making authority over country and resources

~ benefit from the commercial use of those resources

• a long term commitment by all levels of government and the wider community

to repair the appalling damage to environments resulting from management

decisions and actions taken by successive governments since British

colonisation.

Strategies and priority actions for fisheries

The South Australian government is engaged in statewide negotiations to address

Indigenous peoples’ rights and interests in fisheries use and management,

including the revision of the Fisheries Act 1982. While we welcome that the

government is at last acknowledging that the Indigenous fishery is distinct

and separate from commercial and recreational fisheries, obligations to our

culture and country require us to directly negotiate the recognition of Ngarrindjeri

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 108

Aboriginal_Engagement_version_14.indd 108 19/10/2007 4:50:24 PM rights, interests and values with government agencies and others. It is not appropriate

or acceptable to address our interests solely via a statewide negotiation process.

We intend to achieve the objectives listed above through the following strategies and

priority actions:

1. Negotiate a Kungun Ngarrindjeri Yunnan agreement between Ngarrindjeri people

and the Fisheries Division of Primary Industry Resources, South Australia (PIRSA)

stating principles and processes leading to the full recognition of Ngarrindjeri rights,

interests and values in the management and sustainable use of fisheries resources in

our country.

2. Implement above Kungun Ngarrindjeri Yunnan agreement through a series

of negotiation meetings, adequately resourced through government funding and

independently facilitated. Such a negotiation processes must include a comprehensive

review of fisheries management arrangements and options to account for all values

associated with fisheries resources (not just ecological and commercial values) and not

be limited to minor readjustments of existing arrangements (such as merely providing

for Indigenous representation on advisory committees).

3. Seek support from PIRSA, commercial fishers and other fisheries stakeholders for

the establishment of the Ngarrindjeri Caring For Country Centre, so that we can play

an equal role in the management of fisheries within the region.

4. Seek investors and partners for the establishment of a fish processing plant at

Meningie, to provide employment and economic benefits to Ngarrindjeri people and the

region.

5. Explore opportunities for the development of aquaculture enterprises on Ngarrindjeri

country and employing Ngarrindjeri people, e.g. cockle farming, fish farming.

6. Host a meeting, or series of meetings, with Fisheries Division of PIRSA and Department

for Environment and Heritage with the aim of securing the holistic management of

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 109109

Aboriginal_Engagement_version_14.indd 109 19/10/2007 4:50:26 PM coastal, marine and freshwater environments and resources within country.

7. Deliver a cultural awareness program for commercial fishers, recreational fishers

and fisheries managers to assist them to understand Ngarrindjeri values associated

with Coorong and Lakes fisheries.

ISSUE 3: HERITAGE PROTECTION AND MANAGEMENT

We have an enduring obligation to protect and look after Ngarrindjeri cultural heritage

throughout country. Our cultural heritage includes:

• our lands and waters and all living things associated with country

• our sacred sites

• our burial sites

• our story places and creation trails

• our camping, hunting and gathering places

• our language, stories and sacred knowledge

• our knowledge of the animals, plants, environments, traditional skills and other

cultural practices that have sustained us for thousands of years

• ancient and recent history and struggle for cultural survival and recognition.

Since the early days of colonisation, our heritage has been threatened by the stealing

of our lands and resources, by the removal of our children, by the forced introduction

of foreign beliefs and languages, by destructive changes to our environments, by

the loss of access to much of our country, by the spread of settlements and other

developments, and by the laws that protect the interests of those who threaten

our heritage. Despite these threats and impacts over the last 200 years we have

taken our own measures to ensure that as much Ngarrindjeri cultural heritage as

possible will survive, for the benefit of our descendants and for the benefit of the

wider Australian community.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 110

Aboriginal_Engagement_version_14.indd 110 19/10/2007 4:50:28 PM We have:

• passed on our cultural knowledge from generation to generation

• kept our language alive

• continued our unique traditions of weaving, basket making and other cultural

practices

• retained our knowledge of the Coorong, the sea, the lakes and the river

• continued to know about, and use, the plants and animals of country

• maintained family connections, even when some people have moved far from

their country

• negotiated a Kungun Ngarrindjeri Yunnan agreement with Alexandrina Council

to protect Ngarrindjeri heritage within Alexandrina Council area

• achieved the repatriation of the remains of many of our old people, who were

illegally removed from burial grounds and stolen from our families by museums,

scientists, governments and other institutions and private ‘collectors’ in Australia

and overseas

• established and run a unique cross-cultural education facility at Camp Coorong

that has educated and changed the lives of thousands of children and adults

from all over Australia and overseas for the last twenty years.

In spite of these efforts our heritage remains under threat throughout much of our

country. The long legal and political battle over the bridge to Kumarangk (Hindmarsh

Island) is a reminder that our heritage continues to be threatened and damaged,

and that the struggle to gain adequate protection for our heritage is not over. The

Hindmarsh Island business took a devastating emotional and cultural toll on our

people. Now we are living with the reality of yet another destroyed Ngarrindjeri

sacred site, as well as the legacy of fighting such a public battle over matters that

relate to the core of our identity as Ngarrindjeri people. We take some satisfaction

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 111111

Aboriginal_Engagement_version_14.indd 111 19/10/2007 4:50:29 PM that the 2001 report by federal court Justice Von Doussa who confirmed that the

Ngarrindjeri sites and beliefs were threatened and damaged by the building of the

Hindmarsh Island bridge. But we are saddened that such recognition came too late

to protect our heritage and still today we have not yet received an apology or any

form of compensation.

While the Hindmarsh Island business is still painful, we hope that never again will

our heritage be subjected to such willful, politically sanctioned, destruction. We take

this opportunity to build collaboration with civilized government agencies and other

parties to work with us to protect all aspects of Ngarrindjeri heritage for the good

of our shared future.

Objectives for heritage protection

Our overriding objective is to protect all Ngarrindjeri heritage values, places and

objects. As we no longer control all of Ngarrindjeri country, we understand that the

protection of Ngarrindjeri heritage will require the negotiation of agreements and

partnerships with governments at all levels, as well as nongovernment organisations.

To achieve this overriding objective we must:

• work in partnership with government agencies and the wider community to

build respect for Ngarrindjeri heritage as a vitally important component of the

heritage of South Australia and Australia

• secure sustainable funding and other resources to enable Ngarrindjeri people to

properly look after their cultural heritage. This includes, as a matter of urgency,

the state government’s support for the establishment of a properly resourced

Ngarrindjeri Caring for Country Centre

• achieve security for all Ngarrindjeri burials and burial grounds in perpetuity

• reform cultural heritage management in South Australia to recognise Ngarrindjeri

authority over the protection of our heritage values, places and objects.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 112

Aboriginal_Engagement_version_14.indd 112 19/10/2007 4:50:31 PM Strategies and priority actions for heritage protection

To achieve the above objectives we propose to work with all levels of government to:

1. Continue and expand our cross-cultural education programs to provide government

decision-makers, legislators and the wider community opportunities to understand

and respect Ngarrindjeri people and their cultural heritage

2. Negotiate Kungun Ngarrindjeri Yunnan agreements with all local governments

within our country, and all other agencies with decision-making powers that affect

Ngarrindjeri people and heritage

3. Negotiate heritage agreements with all landholders within country to enable

us to meet our cultural obligations to protect our heritage and conduct cultural

practices

4. Negotiate secure burial grounds for repatriated old people throughout Ngarrindjeri

Ruwe. Work with all levels of government to determine the most appropriate legal

method for protecting burial grounds in perpetuity.

5. Negotiate with, and secure funding and other resources from, government agencies

to make the South Australian Aboriginal Heritage Act 1988 workable, enabling the

Ngarrindjeri Nation to protect its cultural heritage

6. Seek investment partners from research institutions, governments and others

to establish a Ngarrindjeri wetlands/nurseries research centre, to become the

major research and interpretation centre for lands and waters, thus providing an

opportunity to combine Ngarrindjeri knowledge with scientific knowledge for the

better management of our environments.

7. Ensure that the Ngarrindjeri vision for country is reflected in all local area plans

(LAPs) and other NRM plans over Ngarrindjeri Country.

8. Seek public and government support for the reinstatement of the Hindmarsh Island

ferry or other water transport to enable Ngarrindjeri people to freely access the island.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 113113

Aboriginal_Engagement_version_14.indd 113 19/10/2007 4:50:32 PM ISSUE 4: ECONOMIC BENEFITS FROM COUNTRY

Ngarrindjeri culture developed in one of the most resource-rich regions of Australia,

resulting in a population density before British colonisation among the highest

anywhere in Australia. Our economy has always been based on the sustainable use

and trade of natural resources. Since colonisation, however, Ngarrindjeri people

have been marginalised from the economic benefits of those resources, and the

resources themselves have deteriorated through unsustainable use and destructive

environmental management practices. Commercial fishers, farmers, irrigators

and tourism operators have built their industries and wealth from our country and

resources, while we were forced onto reserves, missions and into fringe camps and

to survive in a welfare economy.

We recognise that the new industries are here to stay and we insist that our future

must be guaranteed through a just and rightful share in the economic benefits from

country across all industries. We welcome training, knowledge, skills and other

support to build our economic future. We also recognise that our cultural knowledge

and skills will be the foundations of this economic development. Our knowledge of

environments, resources, language, cultural practices, history and cross-cultural

communication are essential in developing enterprises and partnerships in many

industries, including:

• cultural education and cross-cultural education

• research

• protected area management

• ecological restoration

• art and craft teaching and production

• museum management

• natural resources management, including fisheries management

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 114

Aboriginal_Engagement_version_14.indd 114 19/10/2007 4:50:34 PM • ecotourism and cultural tourism

• commercial fisheries

• fish processing and marketing

• aquaculture.

Cultural and economic sustainability

Cultural sustainability and economic development must be achieved together. A secure

economic future for Ngarrindjeri people must be achieved through the sustainable

and culturally appropriate use of resources, environments, skills and knowledge. To

provide the best opportunities for Ngarrindjeri people to use their skills and knowledge

and to gain and apply new skills and knowledge, our goals are to:

• Ensure that the environments and natural resources within Ngarrindjeri Country

are managed according to Ngarrindjeri laws/lore and traditions and respecting

Ngarrindjeri rights and interests, thereby ensuring longterm roles for Ngarrindjeri

people in the management of country

• Strengthen Ngarrindjeri infrastructure, management and controls over the

natural and cultural resources in Ngarrindjeri country

• Achieve substantial and sustainable Ngarrindjeri employment in all government

agencies with responsibilities for decision-making and management of

environments and resources.

• Achieve substantial and sustainable Ngarrindjeri employment in all industries

in our country.

• Acquire financial support and/or joint venture partners for establishing

commercial enterprises in our country

• Develop partnerships with other Indigenous Nations, both Nationally and

internationally.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 115115

Aboriginal_Engagement_version_14.indd 115 19/10/2007 4:50:36 PM Strategies and priority actions for economic benefits from country

To achieve these goals the intention is to implement the following strategies and

priority actions:

1. Negotiate Kungun Ngarrindjeri Yunnan agreements with environmental and natural

resources management agencies to ensure that Ngarrindjeri people have the

opportunity to be employed in the protection and management of all cultural and

natural values of Country.

2. Enhance the participation of Ngarrindjeri people in all industries in country and

collaborate with government agencies and industry associations to negotiate training

and employment strategies.

3. Seek investors and partners for the establishment of commercial enterprises,

offering opportunities for the training and employment of Ngarrindjeri people,

including

• commercial fishing licences

• fishing processing plants

• aquaculture ventures

• tourism

• the re-establishment of the Hindmarsh Island ferry or other transport, to be

operated by Ngarrindjeri people

• management of levee banks and revegetation of wetland areas

• establishment of a Ngarrindjeri research centre

4. Ngarrindjeri will develop a Caring for Country Centre to strengthen culturally

appropriate and economically sustainable management of Ngarrindjeri country.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 116

Aboriginal_Engagement_version_14.indd 116 19/10/2007 4:50:37 PM ISSUE 5: COLLABORATION WITH OTHER INDIGENOUS PEOPLES

The challenges we face in protecting and managing our environments and resources,

and in developing ecologically and culturally sustainable development for Ngarrindjeri

people, are shared by many other Indigenous peoples in Australia and overseas.

Furthermore, we know that we are custodians of migratory animals (for example birds

and eels) that are culturally significant not only to Ngarrindjeri people, but also to other

Indigenous peoples on whose environments these migratory species depend far away

from, in northern Europe, in the Pacific and in North America.

We therefore see the benefit of building links with other Indigenous peoples who share

our challenges and who share responsibility for culturally significant species. We have

aligned ourselves with all the Indigenous Nations throughout the Murray Darling Basin

and have developed alliances, and made exchange visits, with Indigenous groups in the

United States of America, Canada and New Zealand. We will maintain and strengthen

these alliances and plan to engage with Indigenous groups elsewhere in the world. We

also intend to maintain and build our contacts and cooperation with other Indigenous

peoples in Australia, particularly those that are involved with sea country management,

so that we can exchange ideas and experiences and provide mutual support.

Objectives for collaboration with other Indigenous peoples

Our objectives for collaborating with other Indigenous peoples in Australia and overseas

are to:

• create opportunities through exchanging ideas, knowledge and experiences in the

protection and management of migratory species of shared cultural significance

• create opportunities through exchanging ideas, knowledge and experiences in

building Indigenous peoples’ capacity to protect and manage their environments,

resources and cultural heritage

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 117117

Aboriginal_Engagement_version_14.indd 117 19/10/2007 4:50:39 PM • create opportunities through exchanging ideas, experiences and knowledge in

building partnerships with government agencies and others in protecting and

managing respective environments and resources

• negotiate a Pacific Rim Indigenous Peoples’ treaty for environmental and

cultural protection

• develop joint projects with other Indigenous Nations around sea country

management.

Strategies and priority actions for collaboration with other Indigenous peoples

1. We will provide copies of the sea country plan to other Indigenous groups in Australia

and to Indigenous groups in USA, Canada and New Zealand with whom we are already

in contact and with whom we wish to collaborate.

2. We will develop a visit/exchange program with other Indigenous groups in Australia

and overseas to create opportunities through the exchange of ideas, experiences and

knowledge relating to:

• protecting and managing migratory species of shared cultural significance

• building capacities for environmental, natural resources and heritage

management

• salt and fresh water management, water quality, environmental and cultural flows

and negotiating water rights

• building partnerships with government agencies, industries and others

• options for ecologically and culturally sustainable economic development.

3. We will develop relationships with other Indigenous Nations engaged in sea

country planning and management, and provide mutual support in the implementation

of sea country plans.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 118

Aboriginal_Engagement_version_14.indd 118 19/10/2007 4:50:40 PM 4. We will further develop and strengthen our relationships with the Murray Lower

Darling Rivers Indigenous Nations (MLDRIN).

5. We will continue to develop and strengthen relationships with Indigenous peoples

around the Pacific Rim as part of negotiations for an Indigenous peoples’ treaty for

environmental and cultural protection.

6. We will strengthen our formal relationship with the Confederated Tribes of the

Umatilla Indian Reservation (Umatilla, Cayuse, Walla Walla).

ISSUE 6: RESEARCH

Ngarrindjeri country and resources have been researched by universities, museums

and government agencies over many decades, for the most part conducted without

the informed consent of Ngarrindjeri people. While we have been the subject of

research from the early days of British colonisation, we have rarely been full and equal

research partners. In recent years, anthropologists and archaeologists have become

more attuned to the need to take a collaborative approach to researching Ngarrindjeri

cultural heritage, but most other research disciplines either ignore our rights

and responsibilities to the country and resources that are subjected to their research, or

engage with us merely as members of the public. Because of the uniqueness of

Ngarrindjeri country and culture, and because of the severe environmental stresses

that have been placed on our country, we are certain that there will be ongoing

research effort by many institutions and many disciplines in the years ahead

Research will therefore continue to be a significant industry within our region. As part

of our commitment to the wellbeing of country, all research within the region

must adhere to Ngarrindjeri cultural protocols and Ngarrindjeri intellectual and cultural

property rights. Ngarrindjeri support and approval will only be given to research

institutions and disciplines that are prepared to become full and equal research

partners. In recent times, Ngarrindjeri have developed a collaborative working

relationship with Flinders University of South Australia.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 119119

Aboriginal_Engagement_version_14.indd 119 19/10/2007 4:50:42 PM Policy for research on Ngarrindjeri country

Policy objectives for research on country and resources include:

• to be fully informed about past and present research on Ngarrindjeri Country

• mandatory access to outcomes and benefits of research occurring on Country

• to approve and participate in any research that occurs on country

• for Ngarrindjeri people to be full and equal research partners

• for Ngarrindjeri people to be equitably resourced to participate in research

• to protect Ngarrindjeri intellectual and cultural property rights

• to conduct our own culturally appropriate research that is vitally significant to

country and culture

• to set the terms of reference for the priorities and programs of institutions

conducting research on Ngarrindjeri Country;

• to develop a Ngarrindjeri Nation research centre linked to the Ngarrindjeri Caring

for Country Centre.

Strategies and priority actions for research on Ngarrindjeri country

The following strategies and priority actions are proposed to achieve the above policy

objectives for research on Ngarrindjeri country:

• negotiate protocols/agreements with key research institutions about the

conduct and ownership of research on Ngarrindjeri country

• negotiate support from key research institutions, government and nongovernment

organisations for the establishment of the Ngarrindjeri Nation Research centre

linked to the Ngarrindjeri Caring for Country Centre

• establish mandatory cross-cultural awareness training programs for researchers

proposing to conduct research on Ngarrindjeri country

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 120

Aboriginal_Engagement_version_14.indd 120 19/10/2007 4:50:44 PM • negotiate protocols/agreements with key research institutions and/or researchers

regarding teaching and training on Ngarrindjeri country that benefits all parties

• seek partners to establish cadetships, scholarships and mentoring programs to

support young Ngarrindjeri people wishing to train as researchers, managers and

cultural educators

• establish educational exchange programs with Indigenous Nations in Australia,

USA, Canada, New Zealand and the Pacific Rim;

• seek support from key research institutions for the establishment of the Ngarrindjeri

Caring for Country Centre.

OPPORTUNITIES FOR PARTNERSHIPS

Many environmental and resource management policies and plans have been developed

by government agencies and other resource management groups. We have been

involved in the development of some of these plans and policies, but others have been

developed with little or no Ngarrindjeri involvement. Nevertheless, most recent plans

and policies include some reference for the need to involve Ngarrindjeri people in future

environmental and resource management.

This section of the Sea country plan explores opportunities to meet our objectives

through building partnerships based on commitments made in existing environmental

and resource management plans and policies. In this way, our sea country plan not

only assists Ngarrindjeri people to exercise rights and obligations to country, but it

will also assist government agencies and others to meet their commitments to involve

Ngarrindjeri people in environmental and resource management. Over time we wish

to be involved in the implementation of every plan and policy that affects Ngarrindjeri

country. In the immediate future we will be seeking to build partnerships based on

commitments made in the plans and polices discussed below.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 121121

Aboriginal_Engagement_version_14.indd 121 19/10/2007 4:50:45 PM Natural resources management regional plans and investment strategies

As the boundaries of the NRM regions have been decided on ecological and

jurisdictional considerations rather than Indigenous cultural perspectives, Ngarrindjeri

country is covered by parts of the following three NRM regions:

• Mount Lofty Ranges and Greater Adelaide NRM region (which includes the south-

western portion of Ngarrindjeri country)

• South Australian Murray Darling Basin NRM region (which includes most of

Ngarrindjeri country)

• South East NRM region (which includes the south-eastern portion of

Ngarrindjeri Country).

Mount Lofty and Greater Adelaide NRM region

The Mount Lofty and Greater Adelaide NRM regional plan, released in 2003, covers

only a small portion of Ngarrindjeri Country in the vicinity of Cape Jervis, and to date we

have had little involvement in either the development or implementation of the plan. The

Mount Lofty and Greater Adelaide NRM regional plan acknowledges the presence of

Indigenous cultural values within the region and the need to involve Indigenous people

in natural resources management. The NRM regional plan specifically refers to the

interests of Ngarrindjeri people and the role of the Ngarrindjeri Heritage Committee

in protecting heritage values within Ngarrindjeri Country. The Mount Lofty and Greater

Adelaide NRM regional plan has a strong focus on the management of various

categories of Aboriginal sites (sacred, burial, creation and teachings etc) and very little

emphasis on the broader cultural and economic connection between Aboriginal people

and the environments and natural resources of the region. However, one of the goals

and associated proposed key outcomes of the NRM regional plan clearly identifies the

need for broad recognition of Indigenous cultural values in NRM management:

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 122

Aboriginal_Engagement_version_14.indd 122 19/10/2007 4:50:47 PM Goal

Cultural values of Indigenous people recognised and safeguarded in natural resources

management programs in the region by traditional owners and nonindigenous

communities.

Key outcomes towards achievement of goal

1) Processes in place to ensure that Indigenous people are consulted and involved

in NRM actions that could have impact upon their cultural values.

2) Safeguards in place to ensure that NRM actions do not have negative impact

upon Indigenous culture.

The Mount Lofty and Greater Adelaide NRM regional plan also notes that Indigenous

cultural values are vulnerable to several threatening processes and that, although

there is wide community recognition of the need to protect Indigenous cultural values,

the regional (largely nonindigenous) community has not demonstrated the skills or

commitment to ensure that Indigenous cultural objectives are taken into account in

NRM programs.

The Mt Lofty and Greater Adelaide NRM regional plan identifies the following

recommended actions to meet the above goal and outcomes:

• Identify, record, protect, restore and monitor known or relocated sites and items

of archaeological and anthropological, cultural and historical significance in

cooperation with traditional owners, recognised heritage committees, native

title groups and AARD (Aboriginal Affairs and Reconciliation Department)

• Encourage and support archaeological and anthropological studies within the

region. All sites located during these surveys should be recorded to the standards

agreed between the traditional owners, recognised heritage committees, native

title groups and AARD.

• Empower Indigenous groups to manage their own lands, by providing adequate

resources to undertake training and infrastructure development, and ensure that

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 123123

Aboriginal_Engagement_version_14.indd 123 19/10/2007 4:50:49 PM nonindigenous land managers and communities have an adequate awareness of

Indigenous cultural values and a commitment to ensuring that those values are

taken into account, by June 2004;

• Develop and implement protocols for consultation between Indigenous

communities and nonindigenous stakeholders regarding natural resources

management actions in the MLRGA region: by June 2003;

• Ensure that Indigenous communities have input to relevant NRM actions

to safeguard cultural values and that nonindigenous stakeholders have an

understanding of relevant NRM actions to recognise and safeguard Indigenous

cultural values.

The implementation of the strategies and actions proposed in the Ngarrindjeri

sea country plan are largely consistent with the above goals, desired outcomes

and recommended actions. We therefore look forward to the support of the

Mt Lofty and Greater Adelaide NRM Group in implementing our sea country

plan, which will not only assist us in meeting our goals, but will assist the NRM

Group to meet their own goals and implement their own recommended actions.

We note in particular the recommendation to ‘Empower Indigenous groups to

manage their own lands’ is entirely consistent with the establishment of the

proposed Ngarrindjeri Caring for Country Centre, and we look forward to the

support of the Mt Lofty and Greater Adelaide NRM group to achieve this goal. We

recommend that an agreement between the Ngarrindjeri Nation and the other

Nation groups making up the Mt Lofty and Greater Adelaide NRM group is signed

to establish the terms of reference for the Indigenous input into the NRM group.

There should be a Kungun Ngarrindjeri Yunnan agreement with the Mt Lofty and

Greater Adelaide NRM Board and the Ngarrindjeri Nation to clearly establish the

Ngarrindjeri relationship to this body and its functions.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 124

Aboriginal_Engagement_version_14.indd 124 19/10/2007 4:50:50 PM The Ngarrindjeri sea country plan also addresses in detail the following

regions and plans:

• The Coorong, Lake Alexandrina and Lake Albert Ramsar management plan

• The Coorong National Park management plan

• Marine planning

• Marine protected areas

• Coorong and Lakes Fisheries management plan

• Review of the Fisheries Act 1982

• Working with local government

• South East NRM region

• Murray Darling Basin NRM region

Ngarrindjeri Contact Ngarrindjeri Land and Progress Association Camp Coorong Meningie SA 5264 Ph: 08 8575 1557 OR Ph: 08 8575 1657 Fax: 08 8575 1448 Email: [email protected]

Proclamation of Ngarrindjeri Dominium

The following proclamation (page 126 - 133) was delivered to Her Excellency Marjorie

Jackson Nelson Governor of South Australia by four Ngarrindjeri leaders: George

Trevorrow, Matt Rigney, Tom Trevorrow and Ellen Trevorrow on the 17 December 2003

for presentation to the state government.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 125125

Aboriginal_Engagement_version_14.indd 125 19/10/2007 4:50:52 PM PROCLAMATION

Of the time immemorial Ngarrindjeri DOMINIUM

Now Being First Notified to

Her Excellency, Marjorie Jackson-Nelson, Governor of South Australia FOR THE CROWN IN THE RIGHT OF THE STATE OF SOUTH AUSTRALIA AS REPRESENTED BY:

EXECUTIVE COUNCIL

FOR AND ON BEHALF OF

THE INHABITANTS OF SOUTH AUSTRALIA NGARRINDJERI PROCLAMATION

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 126

Aboriginal_Engagement_version_14.indd 126 19/10/2007 4:50:53 PM Greetings!

1. WHEREAS by statute assented to in 1834 the Crown of the United Kingdom of Great

Britain proposed to declare certain lands wrongly presumed by Preamble to be “waste

and unoccupied’ in a “province of South Australia” to be established without notice to

its Indigenous inhabitant proprietors, to be “open to purchase by British subjects” upon

its establishment

[s.6, South Australia Act 4&S William IV, cap.9S,}; and, NGARRINDJERI PROCLAMATION

2. WHEREAS in December 1835 at London, the South Australian Colonizing

Commission denied on behalf of the promoters of the said Province “this declaration

of the legislature as absolutely rebutting, the title of any aboriginal inhabitants of the

proposed Colony to the occupation of the Soil”

[C.O.13/3]; and,

3. WHEREAS on 6 January 1836 at London, the South Australian Colonizing

Commission agreed to submit “arrangements for”” purchasing the lands of the

natives of “the province of South Australia” to the Colonial Office at the request by

letter of the Secretary of State for the Colonies, Lord Glenelg; and,

4. WHEREAS in their First Report to the Parliament of the said United Kingdom the

South Australian Colonizing Commission agreed that “the locations of the colonists will

be conducted on the principle of securing to the natives [sic] their proprietary right to

the soil”¬-so as to require cession of any territory to be “perfectly voluntary”

[First Annual Report of the South Australian Colonizing Commissioners, House of

Commons, 1836 Sessional Papers 36 No. 491, 39 No. 426, pp. 8-9]; and,

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 127127

Aboriginal_Engagement_version_14.indd 127 19/10/2007 4:50:55 PM 5. WHEREAS the said arrangements proposed that the Crown of the United Kingdom

of Great Britain allow the opening for public sale in England of “those lands uninhabited

or not in the occupation and enjoyment of the Native race” in “the province of South

Australia”; and,

6. WHEREAS the said arrangements proposed that¬

“should the Natives occupying or enjoying any lands comprised within the surveys

directed by the Colonial Commissioner not surrender their right to such lands by a

voluntary sale “;

Then in that case the Colonizing Commissioners have two duties, namely:

ONE [The first Duty]

“to secure to the Natives the full and undisturbed occupation or enjoyment of those

lands”,

and TWO [The Second Duty]

“to afford them legal redress against depredations and trespasses”; and,

7. WHEREAS by Letters Patent of 1836 issued to Governor Hindmarsh in London the

Crown of the United Kingdom of Great Britain purported to allow the said Colonizing NGARRINDJERI PROCLAMATION Commissioner to begin embarking British subjects upon certain commercial terms on

ships and sail for South Australia on condition

‘that nothing in these Letters Patent contained shall effect or be construed to effect

the rights of any aboriginal Natives of the said province to the actual occupation or

enjoyment in their persons or in the persons of their descendants of any lands now

actually occupied or enjoyed by such Natives”

[C.O. 13/3]; and,

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 128

Aboriginal_Engagement_version_14.indd 128 19/10/2007 4:50:56 PM 8. WHEREAS clause 34 of the Instruction to the Resident Colonizing Commissioner

guaranteed that-¬

“no lands which the natives may possess in occupation or enjoyment be offered

for sale until previously ceded by the natives” [The Select Committee on the Aborigines,

Report, 19 September 1860, Legislative Council of the Parliament of South Australia:-

p.5]; and, NGARRINDJERI PROCLAMATION

9. WHEREAS clause 35 of the said Instructions to the Resident Colonizing

Commissioner required that¬

“the aborigines are not disturbed in the enjoyment of the lands over which they

may possess proprietary rights, and of which they are not disposed to make a voluntary

sale” and required

“evidence of the faithful fulfillment of the bargains or treaties which you may

effect with the aborigines for the cessation of lands”

[op.cit.]; and,

BEING APPRISED OF THE INEQUITY WE THEREUPON SUFFER, TAKE NOTICE THAT:

The fundamental relationship between the governed and government in South Australia

has never been achieved in a political1y democratic, equal and just process over the

life of the State, because Aboriginal people lack due Constitutional recognition for their

original land rights in the State.

The Constitution of the Parliament of South Australia was drafted by a 19th Century

Premier of South Australia, without the full democratic involvement of the people or the

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 129129

Aboriginal_Engagement_version_14.indd 129 19/10/2007 4:50:58 PM community, and without Aboriginal input.

Of main concern for the better future of South Australia is the just, equal and

democratic treatment of all South Australians by government, and especially of all

Aboriginal people, and in recognition of their prior equity.

At the heart of the principle of a social contract between the people and Government

is the right of the community to determine its future by making society accountable to

the State, within a just system of laws.

South Australia began in an 1834 Act of a colonising British Parliament in London

half- way around the world, and it determined all local Aboriginal people to be persona

nullius, despite their inherent proprietary rights.

The founding legislation for South Australia was an ignominious start to a 167 year

history of infamy for the Aboriginal people, who have never been asked to establish

any form of legal relations with the colonising State.

Central to the Wakefield Plan for colonising the Aboriginal lands of South Australia was

a repugnance for slavery and the securing of a privileged English social contract for a

few, while dispossessing Aboriginal land owners.

Slavery had been abolished in Britain and its colonies from 1833, and the worst fear

of the imigrants to South Australia was being found guilty of enslaving the Aboriginal

people. To avoid any legal penalty for slavery and to avoid any allegation of slavery,

NGARRINDJERI PROCLAMATION Aboriginal people were deprived of any right or equity to their lands and were refused

a social right to work.

This was a specific design especially incorporated in the establishment of South

Australia. Although Aboriginal people were British subjects by law, this was only

nominal justice, because taking their lands was justified.

The legal doctrine of terra nullius refuted by the Mabo judgment was developed by

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 130

Aboriginal_Engagement_version_14.indd 130 19/10/2007 4:51:00 PM English law to permanently entrench this injustice in the State’s legal and constitutional

framework, and to deny Aboriginal equity.

There is an urgent need for the people of South Australia to recognize this ignominy

of the past and to go forward together with all local Aboriginal people for a better and

more just future in community upholding respect.

It is up to the community to extend the hand of partnership and co-operation to all

people and groups in the State, and to reform South Australia to be inclusive of NGARRINDJERI PROCLAMATION

everyone’s rights.

The traditional way to achieve unison of this nature, both for Indigenous and immigrant

cultures alike, is for a social compact or contract to be formulated to establish the

peace.

The whole community must be consulted and all interest groups must have a legal

right to negotiate with government in the make-up and terms of a rewrite of the State’s

Constitution.

A bright and just future for all is only based upon an equal and democratic negotiation

by all.

Accordingly, as

THE NGARRINDJERI HAVE ALWAYS OCCUPIED THE TRADITIONAL LANDS OF THE

NGARRINDJERI Nation

And,

NGARRINDJERI HAVE NEVER CEDED NOR SOLD OUR LANDS AND WATERS,

We ambassadors of the Ngarrindjeri Nation, George Trevorrow, Rupelli of the Ngarrindjeri

Tendi, Thomas Edwin Trevorrow, Chairperson of the Ngarrindjeri Heritage Committee.

and Matt Rigney, Chairperson of the Ngarrindjeri Native Title Committee, having been

properly authorized in the Ngarrindjeri way to make this proclamation on behalf of all

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 131131

Aboriginal_Engagement_version_14.indd 131 19/10/2007 4:51:01 PM Ngarrindjeri, do hereby

:declare and proclaim

our homeland as traditionally delineated, including all waters, foreshore and riverbed

thereof, is now and always has been occupied by Ngarrindjeri

THEREFORE WE HUMBLY REQUIRE THAT YOUR CROWN FORTHWITH RECOGNISE

THE NGARRINDJERI DOMINIUM IN OUR SOIL AND BENEATH OUR WATERS, AS IS OUR

ORIGINAL RIGHT AND DOMINION EVIDENCED BY OUR NATIVE RIGHT AND ¬

ONE:

Enter a Social Charter with the Ngarrindjeri Nation to inscribe the mutual recognition

of our dominium as between the Ngarrindjeri Nation and the Crown within South

Australia;

and

TWO:

Present Parliament with a Bill for a Ngarrindjeri treaty to be enacted by indenture,

which secures the Dominium of our Ngarrindjeri lands and waters to the perpetual

inheritance of the Ngarrindjeri Nation, and which enshrines a Bill of Rights for

the advancement of the human rights of all South Australians, and the particular

maintenance of the Ngarrindjeri heritage in perpetuity.

NGARRINDJERI PROCLAMATION Given under our hand and the Public Seal of Ngarrindjeri

as presented to the Governor of South Australia on Wednesday the 17th day of

December 2003.

SIGNED: …......

George Trevorrow, Rupelli of the Ngarrindjeri Tendi

.…..……………………………………

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS Ngarrindjeri Nation 132

Aboriginal_Engagement_version_14.indd 132 19/10/2007 4:51:03 PM Thomas Edwin Trevorrow, Chairperson of the Ngarrindjeri Heritage Committee

.…..……………………………………

Matt Rigney, Chairperson of the Ngarrindjeri Native Title Committee

Recorded in Register ofNgarril1djeri Proclamations, Vol 2, Page 1

Record no 2. [initialised GT] [initialised TET) [initialised MGR]......

Copies transmitted this day to NGARRINDJERI PROCLAMATION

.:. The Governor of South Australia [the Representative of the Crown, acting with the

advice and consent of the Executive Council].

The Ngarrindjeri Nation calls on the SA Government to meet with the Ngarrindjeri

leaders and elders to negotiate a Treaty between both Governments.

ABORIGINALFOUR NATIONS CONSULTATION NRM GOVERNANCE & GROUP ENGAGEMENT PROTOCOLS CONSULTATION & ENGAGEMENT PROTOCOLS NgarrindjeriNgarrindjeri NationNation 133133

Aboriginal_Engagement_version_14.indd 133 19/10/2007 4:51:04 PM ADDITIONAL GENERAL INFORMATION Aboriginal cultural assets

For Aboriginal people, land and waters have many interconnected and complex values.

The significance of land and waters is central to all aspects of Aboriginal peoples

lives; at birth, death, ceremonies and socially whilst hunting, gathering and travelling.

The term ‘creation and teachings’ is the term used to describe the combination of

these aspect of life, religion, lore and history that incorporates the past, present and

future.

The land or waters that an Aboriginal person has a traditional or contemporary

association with is commonly referred to as ‘country’. Both ‘country’ and ‘creation

and teachings’ are complex concepts and can be difficult for nonaboriginal people

to understand. For example, ‘creation and teachings’ can be a site located in song,

in physical space or embodied in an object. Its physical, social or physiological

importance can vary according to the speaker’s traditional country, gender, age and

personal experience. The significance of a site is integral for Aboriginal people.

Furthermore only Aboriginal people with cultural knowledge of the area know sites

associated with these stories. These sites are often landscape features, which can

be one or many trees, rocky outcrops, a riverbed or waterhole. These sites physically

represent the ancestors and their activities in the story with the knowledge and creation

and teachings associated with these sites passed down through stories of travellers,

ancestors and beings. Many ‘creation and teachings stories’ travel throughout an area

and may be known as a ‘creation and teachings trail’. Some stories focus on specific

sacred sites. These stories and traditions exclusively belong to Aboriginal people.

Who tells them, where they are told, to whom they are told and when, are all part of

Aboriginal culture and must be respected.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 134

Aboriginal_Engagement_version_14.indd 134 19/10/2007 4:51:06 PM Aboriginal heritage

The Aboriginal Heritage Branch is a unit within the Aboriginal Affairs and Reconciliation

Division within the Department of the Premier and Cabinet.

Aboriginal Heritage Branch

The Aboriginal Heritage Branch of the Aboriginal Affairs and Reconciliation Division of

the Department for Premier and Cabinet administers the Aboriginal Heritage Act 1988

on behalf of the Minister for Aboriginal Affairs and Reconciliation.

The aim of the Branch is to improve the administration of the Aboriginal Heritage Act

1988 and to ensure understanding of and compliance with the Act. The Branch also

aims to promote and maintain standards for site recording, survey and conservation

to ensure quality and consistency in the preservation of Aboriginal heritage in South

Australia.

The following information may be of interest to land owners, land managers and NRM

officers. If you have any enquires please contact the Aboriginal Heritage Branch for

assistance (for contact information refer to page 147).

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 135

Aboriginal_Engagement_version_14.indd 135 19/10/2007 4:51:08 PM The Aboriginal Heritage Act 1988

Definitions under the Aboriginal Heritage Act 1988 (Section 3)

The Act defines an Aboriginal site as:

‘An area of land that is of significance to Aboriginal tradition or Aboriginal archaeology,

anthropology or history.’

Any land, developed or undeveloped, can contain Aboriginal sites relating to traditions,

living patterns and the use of environmental resources such as water, animal and vegetable

foods and stone, spiritual beliefs and ceremonial activities and historic events.

To assist with cultural heritage management, Aboriginal sites are recorded under the

following eight general categories, Archaeological, mythological (anthropological),

historic, quarry, (stone, ochre) painting and engraving, stone arrangements (fish traps,

ceremonial stone arrangements and hunting hides), burial and scar trees.

The Act defines an Aboriginal object as:

‘An object of significance to Aboriginal tradition or Aboriginal archaeology, anthropology

or history’.

These objects include items made of stone, shell and wood that may be found at some

of the sites mentioned above, and are items that are not made for sale, such as stone

and wooden implements, ceremonial goods and dress. These objects may be held by

either public institutions or be in private possession.

The Act defines Aboriginal remains as:

‘The whole or part of skeletal remains of an Aboriginal person but does not include

remains that have been buried in accordance with the law of the State’.

The Act defines Aboriginal tradition as:

‘Traditions, observances, customs or beliefs of the people who inhabited Australia

before European colonisation and includes traditions, observances, customs and beliefs

that have evolved or developed from that tradition since European colonisation’.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 136

Aboriginal_Engagement_version_14.indd 136 19/10/2007 4:51:10 PM Understanding the Aboriginal Heritage Act 1988

The Aboriginal Heritage Act 1988 (the Act) covers all areas of South Australia, providing

blanket protection for Aboriginal remains, Aboriginal sites, and objects of significance

to Aboriginal archaeology, anthropology, history and tradition.

Maintaining compliance with the Act:

Breaches of the Act occur when its requirements in relation to the protection and

preservation of Aboriginal sites, objects or remains have not been followed.

Being familiar with your responsibilities, following the correct procedures and allowing

enough time to address heritage issues in your project can all assist in maintaining

compliance.

The following sections carry responsibilities for all persons in South Australia:

Section 12

A person who proposes an action which may breach the Act can seek a determination

from the Minister whether sites or objects exist in their project area and are considered

significant as Aboriginal sites or objects under the Act. If they are determined to be

sites or objects as defined by section 3 of the Act then they become registered and the

provisions of the Act apply.

When do I need to consider applying for a section 12 determination under the Aboriginal Heritage Act 1988?

If a person proposes to take action in relation to a particular area that is, is part of, or

includes an Aboriginal site, or if an Aboriginal object is located in the area, the person

may apply to the Minister for Aboriginal Affairs and Reconciliation to determine the

significance of the site under section 12 of the Aboriginal Heritage Act 1988 (the AHA).

This requires the Minister to give advice on any Aboriginal sites or objects in the area.

Through this process, the Aboriginal Heritage Branch is responsible for undertaking

an Aboriginal cultural heritage survey of the proposed development area, and all

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 137

Aboriginal_Engagement_version_14.indd 137 19/10/2007 4:51:12 PM consultation with the Aboriginal community.

To ensure compliance with the Act, this approach may be advisable for large projects.

However, for small projects a cultural heritage survey may be sufficient.

Section 20

The owner or occupier of land, or an employee or agent of an owner or occupier

must report the discovery of Aboriginal sites, objects and remains to the Minister for

Aboriginal Affairs and Reconciliation as soon as practicable and follow any directions

given by the Minister for the protection or preservation of the site, object or remains.

Section 21

States that it is an offence for any person to excavate land for the purpose of uncovering

Aboriginal sites without authority from the Minister.

Section 22

Requires landowners to allow persons authorised by the Minister to enter the land,

search for sites objects or remains and excavate the land, following the receipt of

reasonable notice in writing.

Section 23

Makes it an offence for any person to damage, disturb or interfere with Aboriginal sites

or objects without authorisation from the Minister.

A person must not, without the authority of the Minister

(a) damage, disturb or interfere with any Aboriginal site; or

(b) damage any Aboriginal object; or

(c) where any Aboriginal object or remains are found

(i) disturb or interfere with the object or remains; or

(ii) remove the object or remains.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 138

Aboriginal_Engagement_version_14.indd 138 19/10/2007 4:51:14 PM Penalty:

(a) in the case of a body corporate $50 000

(b) in any other case $10 000 or imprisonment for 6 months.

Please note that a breach of section 23 includes such actions as:

• picking up, collecting or removing objects, artefacts or remains from an Aboriginal

site

• displacing objects, artefacts or remains

• damaging or defacing the components of a site

• disturbing the spatial arrangement of artefacts on or in a site in any way, e.g.

by excavating the site, driving a vehicle over a site, or by dumping rubbish or

other objects onto the site

• authorising the disturbance of a site outside of the section 23 process

• chalking or defacing rock art.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 139

Aboriginal_Engagement_version_14.indd 139 19/10/2007 4:51:16 PM Section 24 and 25

Requires the public to respect any prohibitions or restrictions placed by the Minister or

by an inspector appointed by the Minister in relation to a site, object or remains.

Sections 28 and 29

Places controls on the care, sale and of Aboriginal objects as defined

in public and private collections. It is an offence to sell, dispose of, or remove an

Aboriginal object from the State without the authority of the Minister.

Section 35

Makes it an offence to divulge information contrary to Aboriginal tradition unless

consultation and authorisation from the Minister takes place under the Act.

Section 36

Requires landowners to allow an Aboriginal person or group duly authorised by the

Minister to enter your property in order to gain access to Aboriginal sites, objects or

remains.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 140

Aboriginal_Engagement_version_14.indd 140 19/10/2007 4:51:18 PM Section 37 A-D Aboriginal heritage agreements

Allows for the Minister to enter into an Aboriginal heritage agreement with the owner of

land on which any Aboriginal site, object or remains is situated.

37A

(1) The Minister may enter into an Aboriginal heritage agreement with the owner of

land on which any Aboriginal site, object or remains is situated.

(2) An Aboriginal heritage agreement attaches to the land and is binding on the

current owner of the land whether or not that owner was the person with whom the

agreement was made.

(3) The Minister may, by agreement with the owner of the land to which an Aboriginal

heritage agreement applies, vary or terminate the agreement.

(4) An Aboriginal heritage agreement is, to the extent specified in the agreement,

binding on the occupier of the land.

(5) Before entering into, varying or terminating an Aboriginal heritage agreement the

Minister must take all reasonable steps to consult with

(a) the Committee; and

(b) any Aboriginal organisation that, in the opinion of the Minister, has a particular

interest in the matter; and

(c) any-

(i) traditional owners; and

(ii) other Aboriginal persons, who, in the opinion of the Minister, have a

particular interest in the matter.

(6) Before entering into an Aboriginal heritage agreement the Minister must take all

reasonable steps to give any traditional owners of an Aboriginal site or object on the

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 141

Aboriginal_Engagement_version_14.indd 141 19/10/2007 4:51:20 PM land (or a representative of those traditional owners) an opportunity to become parties

to the agreement.

Effect of Aboriginal heritage agreement

37B

(1) An Aboriginal heritage agreement may contain any provision for the protection

or preservation of Aboriginal sites, objects or remains.

(2) An Aboriginal heritage agreement may, for example

(a) restrict the use of land to which it applies;

(b) require specified work or work of a specified kind to be carried out in

accordance with specified standards on the land;

(c) restrict the nature of work that may be carried out on the land;

(d) provide for the management of the land or any Aboriginal site, object or

remains in accordance with a particular management plan or in accordance

with management plans to be agreed from time to time between the Minister

and the owner;

(e) provide for financial, technical or other professional advice or assistance

to the owner of the land with respect to the maintenance or conservation

of the land or the protection or preservation of any Aboriginal site, object

or remains;

(f) provide for remission of rates or taxes in respect of the land.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 142

Aboriginal_Engagement_version_14.indd 142 19/10/2007 4:51:22 PM Enforcement of Aboriginal heritage agreements

37D

(1) If

(a) a party to an Aboriginal heritage agreement fails to comply with it; or

(b) there is reason to apprehend that a party to an Aboriginal heritage agreement

may fail to comply with it, any other party to the agreement may apply to the District

Court for an order under this section.

(2) On such an application, the Court may make such orders as are necessary to

secure compliance with the agreement, or to remedy the default, and to deal with any

related or incidental matters.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 143

Aboriginal_Engagement_version_14.indd 143 19/10/2007 4:51:23 PM Finding out whether there are any sites on your property

The first step in complying with the Act is to discover whether there are sites, objects

or remains in your area of interest.

Under Section 9 of the Act, the Aboriginal Heritage Branch maintains a central archive,

which includes the register of Aboriginal sites and objects. The central archive contains

over 6600 site recordings, 1200 cultural heritage reports and other published material.

Site information is also held electronically on the heritage sites database. Some of the

material held is confidential, however material can be accessed providing the correct

protocols are followed.

Information which can readily be accessed includes information such as the number

and nature of sites on a property.

Any developed or undeveloped land can contain Aboriginal sites relating to traditions,

living patterns and the use of environmental resources such as water, animal and

vegetable foods, and stone by Aboriginal people, or their spiritual beliefs and ceremonial

activities. These may be prominent or easily disregarded features in the landscape.

Historical sites may have very little material evidence left, but are still known in the oral

history of Aboriginal people.

Sensitive areas

Certain landforms are more likely to be Aboriginal sites or to contain archaeological

evidence of Aboriginal occupation. These include:

• claypans, lakes, rivers and estuaries (stone artefact scatters, shell middens,

rock art, stone arrangements, campsites or ovens)

• rocky outcrops (quarries, rock art, rock holes, stone arrangements,

ceremonial/religious sites, stone artefact scatters)

• dunes, sand hills and sand bodies, especially in the vicinity of water sources,

wells, springs, water holes

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 144

Aboriginal_Engagement_version_14.indd 144 19/10/2007 4:51:25 PM • craters and sinkholes

• areas within 200m of coast and waterways

• areas within 100m of the banks of all other creeks, rivers, watercourses,

lakes, waterholes, rock holes, wells and springs, especially in arid areas

• unusual land features can be likely to have mythological significance

• bush or forested areas (stone artefact scatters, campsites or ovens)

• areas of natural vegetation or intact ground surface such as parks, open

space and road verges

• place names are a visible link of the association of a society with the land.

Places bearing Aboriginal names, or place names that are English translations

of Aboriginal names or reflections of Aboriginal interaction with the landscape

(including words such as ‘Black’ or ‘Spear’), may have significance to Aboriginal

people.

It is a requirement under the Aboriginal Heritage Act 1988 that the discovery of sites is reported to the Aboriginal Heritage Branch

The Aboriginal Heritage Branch requires that sites be recorded to a particular standard

to comply with the requirements of the Aboriginal Heritage Act 1988. To record sites

to the standard required you should use a site card. Copies of site cards and a guide

to filling them in are available from the Aboriginal Heritage Branch. Alternatively a

site reporting form may be used to report sites in the first instance, pending further

investigation (please contact the Branch for advice or assistance).

What to do if you think you have found a site

Anyone discovering an Aboriginal site should take care not to disturb it.

You must stop any activities you may be conducting in that location that are impacting

on the site and contact the Aboriginal Heritage Branch for advice.

The values of a site can be diminished if parts of it are removed or disturbed. Disturbing

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 145

Aboriginal_Engagement_version_14.indd 145 19/10/2007 4:51:27 PM sites of special significance may cause offence to Aboriginal people.Skeletal material

should be left completely undisturbed. If there are sites on your property then care

should be taken to avoid causing damage to them. It is an offence to damage a site

of significance.

Please note that sites can be damaged even through low impact land management

activities such as revegetation.

To avoid damaging sites:

Find out if there are sites on your property

You can apply to the Aboriginal Heritage Branch to find out if there are any sites

on your property. Your application should include a map of the area, in a 1/100

topographic format if possible. You will be advised whether there are sites in the area

and which areas to avoid.

Talk to your local Aboriginal heritage organisation

The Aboriginal Heritage Branch and the Aboriginal Heritage Committee can provide you

with contact details for your local Aboriginal heritage organisation which can advise

you whether there are Aboriginal sites of significance in your area.

Cultural heritage surveys

What is an Aboriginal cultural heritage survey?

A cultural heritage survey is a process undertaken to verify whether sites, objects or

remains significant to Aboriginal tradition or to Aboriginal archaeology, anthropology,

or history located in the project area have been identified and will be protected.

The aim of this survey is to locate Aboriginal sites, objects and remains in the project

area by a field survey and study of archival sources. This will enable the cultural heritage

practitioner to identify the limits of available data, and gaps in existing knowledge and

evaluate the potential of the landscape to contain sites.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 146

Aboriginal_Engagement_version_14.indd 146 19/10/2007 4:51:29 PM The survey will present all the information in text and on maps, interpret the results,

assess the significance of any sites and objects in the project area and advise on

conservation of significant sites and objects.

The recommendations in the cultural heritage survey report should include a detailed

outline of the client’s responsibilities under the Act.

At what stage of the project do we need to do a survey?

To avoid lengthy delays, Aboriginal heritage issues should be addressed early in

the planning stages of the project. A cultural heritage survey report will provide

recommendations for site avoidance and conservation strategies for any sites, objects

or remains located during the survey.

Who does the cultural heritage survey?

Suitably qualified cultural heritage practitioners (archaeologists and/or anthropologists)

conduct cultural heritage surveys in consultation with Aboriginal people.

Aboriginal heritage contact

Heidi Crow Acting Principal Heritage Officer Aboriginal Heritage Branch Department of the Premier and Cabinet Aboriginal Affairs and Reconciliation Division Ph: 8226 8917 Mob: 0427 227160 Fax: 8226 8999 Email: [email protected]

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 147

Aboriginal_Engagement_version_14.indd 147 19/10/2007 4:51:30 PM Native title

Native title is used to describe the interests Aboriginal and Torres Strait Islander

people have in land and waters according to their traditional laws and customs.

Federal legislation, in the form of The Native Title Act 1993, was enacted to:

• provide for the recognition and protection of native title

• establish ways in which future dealings affecting native title may proceed and to

set standards for those dealings

• establish a mechanism for determining claims to native title

• provide for, or permit, the validation of past acts, and intermediate period acts,

invalidated because of the existence of native title.

The requirements of the Native Title Act 1993 only apply to land where native title

rights and interests may exist. In planning for any development where there has been

no native title determination, or where there has been no clear extinguishment of

native title, there needs to be consideration of the possibility that native title continues.

Generally, the Native Title Act 1993 requires certain procedures to be followed prior

to undertaking activities -- the interests Aboriginal and Torres Strait Islander people

have in land and waters need to be considered according to their traditional laws and

customs.

Procedures under the Native Title Act 1993 are additional to those required to comply

with the Aboriginal Heritage Act 1988.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 148

Aboriginal_Engagement_version_14.indd 148 19/10/2007 4:51:32 PM Aboriginal flag

The Australian Aboriginal flag was proclaimed as a flag of Australia under Section 5 of the

Flags Act, 1995. This decision forms part of the Australia government’s commitment

to Indigenous people of Australia. It is recommended flags be flown as a minimum mark

of respect during NAIDOC Week, National Reconciliation Week and National Sorry Day.

The Australian Aboriginal Flag

The flag is divided horizontally into equal

halves of the black (top) and red (bottom),

with a yellow circle in the centre. The black

symbolises the Aboriginal people, the red

represents the earth (the colour ochre is

used in Aboriginal ceremonies) and the yellow circle represents the sun. The flag has

now become widely recognised as the flag of the Aboriginal People.

Flag flying protocol

When flying the Australian flag with the Aboriginal, Torres Strait Islander and other

Council flags, the flag order should follow the rules of precedence. The Australian flag

should always be flown on the far left of a person facing the flags (with the exception

of a flag pole fitted with a gaff). The Aboriginal flag is flown next, and finally the city

of other Council flag. The Australian National flag will always be given precedence

(Australian Flags, 1998).

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 149

Aboriginal_Engagement_version_14.indd 149 19/10/2007 4:51:34 PM REFERENCES FOR THE ENTIRE DOCUMENT

Adelaide, Education Dept. of SA 1989, The Kaurna people of the Adelaide Plains: an Aboriginal studies course for secondary students in years 8-12.

Adelaide, Education Dept. of SA 1990, Aboriginal people of the River Murray, Lakes and Coorong: an Aboriginal studies course for secondary students in years 8-12.

Amery, R. 1993, Encoding new concepts in old languages: A case study of the Kaurna: Australian Aboriginal Studies. No 1 pp 37-47.

Cawthornes, W.A. 1991, Sketch of the Aborigines of South Australia.

Clarke, P. A. 1990, Adelaide Aboriginal cosmology journal of the Anthropological Society of South Australia, Vol 28 No 1-2 pp 1-10.

Clarke, P. A. 1991, Adelaide as an Aboriginal Landscape Aboriginal history. Vol 115 Nos 1-2 pp 54-72.

Council, C.L. 2003, Protocols for research work on Aboriginal land.

Corporation, F.A.T.S.I.L. 2004, Guide to community protocols for Indigenous language projects.

Education Technology Centre Education Department Adelaide 1981, Aboriginal People of the Adelaide Plains.

Foster, R. 1990, The Aborigines location in Adelaide: South Australia’s first ‘mission’ to the Aborigines Journal of the Anthropological Society of SA. Vol 28 No 1-2 pp11-37.

Gara, T. A. 1990, Bibliography of the Kaurna Anthropological Society of SA Journal. Vol 29 No 2 pp143-164.

Gara, T. The life of Ivaritji (Princess Amelia) of the Adelaide tribe Anthropological Society of SA Journal. Vol 28 No 1 pp64-104. FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 150

Aboriginal_Engagement_version_14.indd 150 19/10/2007 4:51:36 PM Government, SA, Briggs, K.L., ‘Ninna Marni’ statement of acknowledgement and welcome to country.

O’Brien, L. April 1992, The cultural significance of the Onkaparinga River Kaurna.

Higher Education Journal No 2 pp67-70.

Management, A.C.H. 2004, Recommended Aboriginal heritage procedures.

Tendi,N., Native Title, Heritage, N. 2006, Ngarrindjeri Nation Yarluwar-ruwe plan: caring for Ngarrindjeri sea country and culture.

Warrior, F., Knight, F., Anderson, S., Pring, A. 2005, Ngadjuri: Aboriginal people of the mid north region of South Australia.

Rann, M. April 1992, South Australia Aboriginal languages Kaurna. Higher education Journal No 2 pp71-73.

Ross, B. 1984, Aboriginal and historic places around metropolitan Adelaide and South coast, anthropological.

Schwab, J. 1988, Ambiguity style and kinship in Adelaide identity in, Being Black. ML 304.89915/31

Sydney City Council 2005, Aboriginal and Torres Strait Islander draft protocols.

The Interpretation Australia Association (IAA) 2002, Guidelines: best practice for interpreting Aboriginal culture and country.

Young, R., Walker, D. 2006, South Australian Murray Darling Basin natural resources

management indigenous protocols document.

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 151

Aboriginal_Engagement_version_14.indd 151 19/10/2007 4:51:38 PM PHOTO CREDITS FOR THE ENTIRE DOCUMENT

Page number Photo description Image source

Page 1 Victoria Square fountain David New

Pages 1 - 17 Side image Jason Downs

Page 5 Peramangk Elder, Richard Hunter Mannum Aboriginal Development Committee

Page 9 Map of Aboriginal Australia Australian institute of Aboriginal and Torres Strait Islander Studies

Page 11 Cobdogla wetlands David New

Page 18 Victoria Square aerial shot Rural Solutions SA

Page 18 Engraved Kaurna shield David New

Pages 18 - 53 Side image David New (Karkal – pig face succulent)

Page 19 Grass trees – festival centre Rural Solutions SA

Page 34 Kangaroo Jason Downs

Page 36 Waraparinga site, Marion David New

Page 39 Glossy ibis Jason Downs

Page 40 Two emus Jason Downs

Page 41 Tjilbruke Dreaming Trail map Aboriginal Education Dept. SA 1990, The Kaurna People of the Adelaide Plains…

Page 41 Rock on the beach Rural Solutions SA

Page 47 Karkal – pig face succulent Rural Solutions SA

Page 47 Minno – Wattle gum David Sloper

Page 47 Karko - Sheoak Rural Solutions SA

Page 47 Mantiri – Muntrie Ivan Clarke

Page 48 Quandong Ivan Clarke

Page 50 Grass hopper - locust Adrian Harvey

Page 50 Cockle David Sloper

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 152

Aboriginal_Engagement_version_14.indd 152 19/10/2007 4:51:40 PM Page 50 Shingle back Jason Downs

Page 50 Snake Ivan Clarke

Page 51 Mallee fowl Ivan Clarke

Page 51 Emu head David Sloper

Page 51 Swan and signets Jason Downs

Page 52 Cape barren goose David Sloper

Page 52 Pelican David New

Pages 54 - 71 Side image (peppermint gum) Bill New

Page 55 Roadside landscape Janet Kuys

Page 63 Eagle Rick Hastings

Page 65 Mallee scrub Jason Downs

Page 67 Bush banana Rachel Pfitzner

Pages 72 - 85 Murray River Jason Higham

Page 72 Cobdogla wetlands David New

Page 73 Canoe tree Heidi Crow (AARD)

Page 79 Ngaut Ngaut David New

Page 83, 84 Murray River Jason Downs

Pages 86 - 133 Side image (Coorong) Jason Downs

Page 87 Pelicans Jason Downs

Page 89 Coorong Jason Downs

Page 91 Ngarrindjeri Flag Ngarrindjeri Land and Progress Association

Page 93 Raukkan wetlands Jason Downs

Page 94 Murray cod Jason Higham

Page 139 Shell midden Heidi Crow (AARD)

Page 140 Scare tree Heidi Crow (AARD)

Page 149 Aboriginal Flag Australian Flags 1998

FOUR NATIONS NRM GOVERNANCE GROUP CONSULTATION & ENGAGEMENT PROTOCOLS General Section 153

Aboriginal_Engagement_version_14.indd 153 19/10/2007 4:51:41 PM This document was printed by Print Junction Pty. Ltd. an Indigenous owned family company.

Printed on Revive Silk, an Australian made recycled paper, sourced from sustainable forests which is totally chlorine free. 92% of the energy used to produce Revive Silk is sourced from renewable hydroelectric and wind farm power. The inks used to print this document are Best Image Soy oil based inks.

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