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The Review of Aboriginal Involvement in the Management of the Wet Tropics World Heritage Area

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The Review of Aboriginal Involvement in the Management of the Wet Tropics World Heritage Area THE REVIEW OF ABORIGINAL INVOLVEMENT IN THE MANAGEMENT OF THE WET TROPICS WORLD HERITAGE AREA VOLUME 1 REPORT Thematic presentation of the 14 Terms of Reference A report prepared for the Wet Tropics Board of Management by the Review Steering Committee January 1998 Disclaimer: Due to the nature of this report it does not purport to represent the complete views of all the participant parties both government agencies or all Aboriginal groups. While incorporating legislation obligation and opportunities it does not necessarily represent the official policy of any State or Commonwealth government agency. Mr Vincent Mundraby 2 April, 1998 Steering Committee Chairperson Review of Aboriginal Involvement in the Management of the WTWHA c/- PO Box 2496 Cairns QLD 4870 Professor Tor Hundloe Board Chairperson Wet Tropics Management Authority PO Box 2050 Cairns Qld. 4870 Dear Professor Hundloe, Re: Final Report of the Review of Aboriginal Involvement in the Management of the Wet Tropics World Heritage Area. It is in anticipation of a positive response, and a more cooperative working relationship between Rainforest Aboriginal people and the Wet Tropics World Heritage Area government land management agencies, that I would like to present to the Wet Tropics Board, on behalf of the Review Steering Committee, the final report of the Review of Aboriginal Involvement in the Management of the Wet Tropics World Heritage Area. At this point in time the role of the Review Steering Committee comes to a close. It is time for the real work to begin. I hope that the Board and Ministerial Council endorse the Review recommendations and oversee the implementation of these proposed changes across all WTWHA tenures. I would like to thank the Board and Ministerial Council for supporting the development of the Review to date. I trust that this spirit of cooperation and collaboration will flow on to the ensuing implementation phase. The cultural survival of Rainforest Aboriginal people and the best practice management of the WTWHA is dependent on all of us coming together within an environment of equitable and constructive negotiation. Yours sincerely, Mr Vincent Mundraby II Chairperson Review Steering Committee Acknowledgments The Review Coordinator wishes to thank a number of people and groups for their support during the development of the Review. These include: · The Review Steering Committee for their role in directing and monitoring the project. · Archie Tanna, Gale Duell, Bill White, Tom Dacey, Paul Turpin, Henrietta Fourmile, Vicki Pattermore, and others for technical advice, support, and encouragement. · The Departmental Reference Group, and in particular, Geoff Meadows and Terry Piper for their input, feedback and technical advice. · WTMA, ATSIC, NQLC, CYLC, for funding various aspects of the project, and the Girringun Elders and Reference Group for administering TOR 12. · The various consultants (Lynn Baker, Allan Dale, Ross Johnston, and David Yarrow) for their commitment to the development of the specific consultancy reports and for their ongoing additional advice. · The staff of WTMA’s Aboriginal Resource Management and Corporate Services Programs for their particular cooperation and patience. Special thanks to Terry Murray, Vince Mundraby, Keith Tardent, Paul Turpin, Sonny Levers, Colin Neal, Lisa Stagoll, Craig Bingham, Ben Ingram, Kay Barbagallo, and Karen Franklin. · Kylie Pursche as Editor, and for research assistance contributing to Appendix 2a and Appendix 2b. Concept for cover design. · The WTMA Board for its ongoing input and interest. · Those Rainforest Aboriginal people (and their representatives) who provided their time and energies during this and previous consultation processes. · WTWHA management agencies, particularly DoE District staff for their input through interviews, questionnaires, and workshops. · Denise, Tahnee and Jai for their patience and support. Bruce Lawson Review Coordinator April 1998 III Vision Statement That an agreement for management of the Wet Tropics World Heritage Area is negotiated that places the traditional carers for their country in a position to assert their legitimate (including customary-law) rights and interests, for the protection and preservation of cultural survival for the present and future generations. The Steering Committee The Review of Aboriginal Involvement in the Wet Tropics World Heritage Area. IV The Review Steering Committee Mr Vince Mundraby Review Chairperson, (Interim Chair, Bama Wabu) Mr Phil Rist (Girringun Elders and Reference Group Aboriginal Corporation) Ms Jenny Prior (Chair, ATSIC Regional Council Townsville) Ms Nerelle Nicol (Chair, ATSIC Regional Council Cairns) Mr Terry Murray (Ngadjon Mitcha Jimmar-ma Aboriginal Corporation) V Terms of Reference and Expected Outcomes of the Review of Aboriginal Involvement in the Management of the Wet Tropics World Heritage Area, endorsed by Ministerial Council, March 1995. TERMS OF REFERENCE 1. Document any existing mechanisms (statutory or otherwise) by which Aboriginal people are currently able to become involved in WHA management. 2. Make an assessment of the extent to which Aboriginal people and WTMA -are aware of available mechanisms -have made use of available mechanisms. 3. Outline the goals of Aboriginal involvement in World Heritage management from the point of view of the Authority and Aboriginal peoples. Document steps taken by the Authority and other relevant agencies to date to achieve these goals by involving Aboriginal people in WHA management. (This document would be provided to Aboriginal people to assist them in responding to the Review). 4. Make an assessment of the effectiveness of currently available mechanisms. Review the Authority’s performance in responding to Aboriginal aspirations, and offer an analysis of the reasons why certain mechanisms are effective or ineffective. Make recommendations on retaining, amending, improving or deleting existing mechanisms. 5. Compile existing information from Aboriginal communities and organisations and other relevant bodies on: -the kind and degree of involvement in WHA management Aboriginal people want -what mechanisms they would prefer to achieve this involvement. 6. Identify and discuss any constraints and opportunities likely to affect the involvement of Aboriginal people in World Heritage management and the achievement of Aboriginal aspirations in this regard. 7. Make an assessment of which of these aspirations; -can be achieved by the Authority under current circumstances -can be achieved by other sectors of Government, with assistance from the Authority -are currently matters for other sectors of Government, or Government as a whole (ie. are not relevant to the Authority’s operations, or are major matters of State - wide significance) -may be beyond the capacity of the Authority, or Government, to provide at the present time -and propose mechanisms allowing fragmented responsibilities to be better coordinated across Government sectors. VI 8. Make recommendations to the Authority’s Board and the Ministerial Council concerning those matters which can be addressed by the Authority, or Ministerial Council portfolios with the Authority’s assistance. Identify how these matters should be addressed (eg. by preparing policies and protocols, amending the Authority’s liaison strategy, developing cooperative management agreements, etc). Identify the sort of Government policy changes that would be required to meet Aboriginal aspirations. 9. Assess the extent to which the draft Wet Tropics Management Plan meaningfully involves Aboriginal people and addresses native title issues in the management of the WHA. 10. Identify the roles and responsibilities of the Commonwealth and State Governments in managing the WHA, in relating to their responsibilities to Aboriginal peoples, and critically assess the extent to which both Governments have fulfilled these roles and responsibilities to Aboriginal peoples, including those outlined in the current Management Scheme intergovernmental agreement. 11. Assess the capacity of the Management Scheme intergovernmental agreement to recognise Aboriginal aspirations for land management and implement processes based on reconciliation. 12. Make an assessment of the potential social , economic and environmental impacts of implementing joint management on different types of land, and affording recognition to the range of Aboriginal interests and aspirations in the WHA. 13. Examine the extent to which the issues raised in the Sutherland report* (1992) have been addressed by the existing management arrangements, including in particular the native title issues. 14. Examine the implications of native title rights for current and future Wet Tropics management, and the potential impact of management decisions on native title rights. * Sutherland, J. (1992) Aboriginal interests and Queensland Wet Tropics World Heritage Area management. Unpublished report prepared for the Biddi Biddi Advancement Co- operative Society Ltd. VII Expected outcomes of the Review. The outcomes of the Review conducted by the Authority may include recommendations to the Board on the following matters: - Models and/or predictions for the expected nature and level of Aboriginal involvement in management in the next 5-10 years, to ensure that expectations of all parties are realistic; these models should incorporate reference to joint management. - Policies for involvement of Aboriginal people in World Heritage management (recognising that the Authority has already adopted a comprehensive
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