EIANZ Students and Early Careers Congress 2012 Tuesday, 23 October Indigenous Cultural Heritage and Land Management OEH, NPWS Aboriginal Co-Management Unit Kim McClymont – Acting Manager, Aboriginal Co-Management Unit

1 Aboriginal involvement in park management • Parks are part of Aboriginal people’s country and parks managed/used in ways that respect Aboriginal culture: - Recognition/ acknowledgement of traditional owners and of Aboriginal people’s connection to country - Improved access to parks for Aboriginal communities – connecting people to country, to each other and meeting custodial responsibilities -Back to country/ culture camps - Mentoring and inspiration for young people - Ensuring cultural values are considered in park management - Cultural mapping , oral histories - Education and interpretation of parks - Use of Aboriginal language and names – retaining language and recognition of Aboriginal culture • Increased Aboriginal participation/input into park management and planning • Increased Aboriginal employment on parks • Training and capacity building in land management for Aboriginal community members who are not DECC staff • Business opportunities for Aboriginal communities – cultural tourism, contract work Aboriginal involvement in park management Existing Initiatives Policies • Aboriginal Community Engagement Framework - OEH • Whole of Government Cultural Resource Use Framework

Programs • Aboriginal Discovery Program • Aboriginal Co-Management program • Aboriginal cultural tourism training manual • Culture and Heritage Division policies and programs – e.g. Aboriginal languages policy, sites survey training, Aboriginal places program , repatriation program, cultural heritage assessments • Funding programs – Environmental Trust Protecting Our Places, Biobanking, Aboriginal Parks Partnership Funding • Cultural awareness training – Learning and Development • Site awareness & care training – Learning and Development Types of Aboriginal involvement in parks

Consultation Cultural Activities Public Awareness and Management of Country with statutory Appreciation and Cultural Heritage bodies Culture camps Cultural tour operations (e.g.: NPWAC & Cultural heritage research, Language programs Cultural visitor facilities ACHAC, RAC) planning and management “Back to Country” Dual naming of parks and Research and knowledge Statutory Plan of days” locations in parks sharing Management Cultural events, eg Education and Return of Aboriginal processes NAIDOC day interpretation (signage, ancestral remains Cultural resource Aboriginal Discovery Declaration of Aboriginal Regular use Program, cross-cultural areas consultation awareness training) with Aboriginal Capacity-building, training communities Contracts for works on park Events and visitor Co-Management management

Joint / Co-Management – one aspect of Indigenous Cultural Heritage and Land Management in NSW • Why Aboriginal Co-Management? • Importance of land to Aboriginal Peoples’ and culture • Meets Aboriginal Peoples’ cultural objectives for custodianship of Country • Promotes Aboriginal wellbeing - importance of spiritual and physical connection to Country as a factor underpinning Aboriginal wellbeing. • Aboriginal Peoples’ aspirations for self- determination in economic, social and cultural development • Redresses Aboriginal Peoples’ dispossession • Contributes to OEH’s conservation objectives • Enhances visitor experiences of parks through better interpretation of Aboriginal culture What is Aboriginal Co-Management? • The NSW Government and Aboriginal People share responsibility for a park’s management • Agreement and process for ongoing relationship with the implementation of an Advisory Committee - Can provide for the protection and conservation of areas of cultural heritage importance - Can enable cultural access and rights under traditional law and custom - Can enable access and use of cultural resources and for cultural purposes - Opportunities to hunt and gather • OEH National Parks and Wildlife and the Aboriginal Peoples’ work together to: - develop management plans - manage areas of culture and heritage areas of significance and importance - improve Aboriginal people access to parks for cultural activities - involve Aboriginal people in education and tour programs - improve employment, education or training opportunities for Aboriginal people History of Aboriginal Co-Management in NSW • Joint management has a long history with the first formal agreement followed the leaseback of as an Aboriginal owner park in 1998. • Over this time, OEH primarily have supported the continuation of Aboriginal joint management by - negotiating new legal and non-legally binding agreements, Aboriginal Park partnerships and programs, - appointment of regional Aboriginal joint management coordinators to work with Aboriginal owned parks Boards of Mutawintji NP Management and Advisory Committees, - establishment of an internal joint management network, and building staff capacity and skills in practical and effective joint management of parks with NSW Aboriginal Peoples’. Types of Co-Management Arrangements in NSW

There are three types of Joint / Co Management arrangements, • Part 4A parks – Aboriginal Owned and leased back to NPWS • Indigenous Land Use Agreements • Memorandums of Understandings

Opening Terry Hi Hi Visitors Centre Types of Co-Management Arrangements in NSW Part 4A Aboriginal Ownership – • To be listed on Schedule 14 must be able to demonstrate cultural values of the land and people’s connection to the land and its values, which is considered by the Minister. • Office of the Registrar for Aboriginal Land Rights Act undertakes genealogy research to confirm who the Aboriginal Owners before negotiations commence. Representatives of AO’s then enter negotiations, and some AO’s later appointed by Minister to sit on the Board of Management. • Lease is negotiated, including annual rent. • Park is handed back to Aboriginal ownership, with land title held in Trust by the Local Aboriginal Land Council/s. • Park is leased back to the Minister for Environment (for ≥ 30 years plus ongoing renewal by agreement) to be jointly managed by the Board as a National Park under Part 4A National Parks and Wildlife Act. Types of Co-Management Arrangements in NSW Indigenous Land Use Agreement (ILUA) • A voluntary agreement between a native title group and others key stakeholders in the management of lands and waters usually negotiated under the Native Title Act 1993 (Cth). • ILUAs provide for groups of native title claimants and or holders to negotiate outcomes with the NSW Government on co-existence of their traditional interests with other land uses. • The NSW Government can negotiate an ILUA with native title claimants or native title holders regarding the management of public land (any Crown lands) in the native title claimants’ or native title holders’ claim area, and on the exercise of native title rights over those lands. • Such agreements have an Advisory Committee appointed by the Environment Minister. Types of Co-Management Arrangements in NSW Memorandum of Understanding (MOU) • As opposed to the above agreements, MOUs are non-legally binding agreements and are entered into between the Aboriginal community/s and OEH, generally to develop and provide a framework in the management of the identified national park/s and or reserve/s. • Such arrangements may choose to have an advisory committee • As MOUs do not attract rent or other payments, the funding of activities is the responsibility of NPWS Branches & Regions with some funding support from the Aboriginal Co-Management Unit

Aboriginal Ownership and Lease Back – Part 4A Review!

Stockland Ø Currently 6 in NSW: Bight v Biamanga v Gulaga v Mt Grenfell v Mutawintji v Gaagal Wanggaan v Worimi One more on currently being negotiated – Mt Yarrowyck

Mt Grenfell Historic Site

12 Indigenous Land Use Agreements

Ø 4 agreements in NSW v Githabul (native title) v Arakwal have three agreements (non-native title) Arakwal ILUA’s are awarded under the Federal Government’s Native Title Act. Another 3 currently in negotiation with 2 recently registered Memorandum of Understanding Ø 15 MOU’s in place v Saltwater v Pilliga Gawambaraay v Mungo NP v Kinchega NP v Central Coast/Hunter Ranges v Yarriabini v Goobang and Snake Rock v Culgoa & Ledknapper v Hay v Paroo National Park Kinchega National Park v Tumut

v Terry Hie Hie v Boonalla v Toorale/Kurnu

v Deriah Memorandums of Understanding

• Non legal agreement Opening Mungo • Committees formed Visitors Centre - Meet 4 times per year - Some additional meetings • Enables communities to: - Provide advice on the management of national parks estates PoM etc - Back to country i.e. camps - Cultural activities - May also include employment opportunities - Assist with Aboriginal interpretation for Park

Toorale MOU signing - Bourke

Status of Co-Management Arrangements in NSW

• Currently, there are 25 Aboriginal joint management arrangements, covering 1.6 million hectares, or 23 per cent of the parks system from in the far west, to and the Worimi Conservation land on the eastern seaboard. More arrangements are being negotiated. • There are now almost 190 Aboriginal people formally appointed to boards of management and committees for jointly managed parks. • Importantly, there are over 120 Aboriginal staff employed in the Office of Environment and Heritage (OEH) who work in jointly managed parks. • The NSW Government plans to negotiate seven new Aboriginal joint management agreements and three new Indigenous Protected Areas with Aboriginal communities over the coming years. • In 2012/13 the OEH has allocated $6.89 million to the Aboriginal Co- Management Unit for Aboriginal joint management, including rent payments for parks under lease back arrangements; funds to negotiate new agreements and to commence joint management projects for those parks and funding of park partnership projects across NSW that support the Aboriginal community and the OEH working together to progress joint management across the State. This is an increase of $240,000, compared to $6.65 million funding in 2011-12, mostly to cover costs of additional joint management agreements. Joint Management Custodians Meetings • The Joint Custodians of NSW comprise a representative (usually a Chairperson) from each of Board and Committee that have been established for the purpose of joint management of parks between Aboriginal communities and OEH. • Custodians meetings provide opportunities to engage with other Chairs and for OEH to provide information and to consult with Chairs on joint management issues • Key roles of the group are to: - Represent the interests of the Aboriginal joint management network, for both agreements that are in negotiation and finalised; - Act as a leadership group for joint management of parks across the state; - Network and share information between aboriginal communities on aboriginal joint management of parks; - Provide advice and recommendations to OEH on the joint management of parks and aboriginal heritage in parks reserved under the NPW Act, and marine parks under MPA Act and aquatic reserves under FM Act, to ensure that OEH’s approach to joint management reflects Aboriginal community concerns and aspirations. Contact details

The Aboriginal Co-Management Unit is located in the Conservation Programs Division in NPWS Head Office in Hurstville http://www.environment.nsw.gov.au/jointmanagement/

Ø A/Manager: Kim McClymont [email protected] Ø Aboriginal Co-Management Coordinators: Maxine Naden (Coffs Harbour) and Jackie Puckeridge ()

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