DELWP’s Traditional Owner and Aboriginal Community Engagement Framework Department of Environment, Land, Water and Planning 8 Nicholson Street East Melbourne VIC 3002 Phone (03) 9637 9846 www.delwp.vic.gov.au

Acknowledgment We acknowledge and respect Victorian Traditional Owners as the original custodians of Victoria’s land and waters, their unique ability to care for Country and deep spiritual connection to it. We honour Elders past and present whose knowledge and wisdom has ensured the continuation of culture and traditional practices. We are committed to genuinely partner, and meaningfully engage, with Victoria’s Traditional Owners and Aboriginal communities to support the protection of Country, the maintenance of spiritual and cultural practices and their broader aspirations in the 21st century and beyond.

© The State of Victoria Department of Environment, Land, Water and Planning 2019 This work is licensed under a Creative Commons Attribution 4.0 International licence. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/. Contents

Recognition & Self-Determination 5

Purpose of Engagement 6

Aboriginal Engagement Framework 8

Principles of Engagement 10

History and Policy context 12 Victorian Aboriginal History Aboriginal Self-determination Treaty with Aboriginal Victorians Munganin Gadhaba The United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP)

Legislative context 14 Charter of Human Rights and Responsibilities Act 2006 (Vic) Traditional Owners with formal legal agreements and statuses Native Title Claims and Determinations

Legislative Status of each Recognised Victorian Traditional Owner group 18

What is engagement? 20 Engage@DELWP DELWP Community Charter Other Traditional Owner Groups (or areas where there is no RAP appointed) Broader Victorian Aboriginal Community

Tips for Engagement 23

NOTE: Aboriginal and Torres Strait Islander readers are warned that this document may contain images of Aboriginal people who have passed. Mirring

DELWP’s Aboriginal Cultural Identity The Aboriginal Cultural Identity was rolled out is a commissioned piece createdMirring by - “Country”across the department by in Tom2019 and serves Day as a visual reminder of our ongoing commitment artist Thomas Day, a Gunditjmara, to working in full partnership with Traditional Yorta Yorta and Wemba Wemba man. OwnersDELWPs and AboriginalAboriginal Victorians. Cultural It Identityalso The artwork was created in collaboration represents DELWP’s culturally safe and with Aboriginal staff to better understand respectful environment for Aboriginal the work DELWP does and the values employees and visitors. DELWP’s Aboriginal Cultural Identity is a commissioned pieceour created staff by hold.artist Thomas Day, a The Aboriginal Cultural Identity will be rolled out across the department internally and externally Gunditjmara, Yorta Yorta and Wemba Wemba man. The artwork was created in collaboration and serve as a visual reminder of our ongoing commitment to working in full partnership with with Aboriginal staff to better understand the work DELWP does and the values our staff hold Traditional Owners and Aboriginal Victorians. It will also represent DELWP’s culturally safe and respectful environment for Aboriginal employees and visitors.

Artist’s description The piece is made up of three layers: Layer one -background Layer two The painting depicts Country. Mountain/stone country The background colours represent the Each line across the artwork signifes our ongoing connection to country landscapes with sea Country at the bottom by representing the 1500 generations that is our bloodline. Wetland the wetlands and into the mountain Country. The four scar trees represent the four The foreground designs represent scars that directions of north, east, south and west with spirits peaking behind have been left within the landscape by our them. people, serving as reminders but more Desert This represents our ancient importantly guides to show places of connection and our inherent importance. responsibility to protect country. The four scar trees represent the four directions of north, east, south and west with Forest/grassland spirits peeking behind them. This represents the our ancient connection and our inherent responsibility to protect Country. The line work (straight, triangles, The boldest designs represent what is visible Sea country to us today with the powerful river standing represents the whole of the states' out the other designs represent markings to Scars in the landscape signify ceremony. various artifacts. connection to country by representing our generations that is our bloodline. Layer three Boy to Man Girl to Woman Tom Day, Gunditjmara Wemba Wemba Ceremony ‘Bora grounds’ and their journey in life. River Lines represent the lineage. Yorta Yorta

2 EXPLANATION OF USE OF TERMS

Aboriginal or Torres Strait Islander – a person who has Aboriginal and/ or Torres Strait Islander decent and identifies as being an Aboriginal and/ or Torres Strait Islander person. They may have connection with and/or outside of Victoria. Use of the term Indigenous is retained in the names of programs, initiatives and publication titles and, unless noted otherwise, are inclusive of both Aboriginal and Torres Strait Islander persons.

Cultural Safety – The term `cultural safety’ was first defined by the Maori nursing fraternity in New Zealand and is expressed as an `environment that is safe for people, where there is no assault, challenge or denial of their identity, of who they are and what they need’. In the context of Aboriginal people working in DELWP, and our partnerships with Traditional Owners, cultural safety refers to the environment, relationships and systems that enable individuals to feel safe, valued and able to participate in and enable their culture, spiritual and beliefs systems, free from racism and discrimination. DELWP aims to be cultural safe place for all diverse groups represented in the organisation.

Traditional Owner – DELWP recognises Traditional Owners as Aboriginal people who have traditional connection to an identified geographical area of Country.

Traditional Owner Corporation – an incorporated group that represents the interests of Traditonal Owners in a particular area. They may hold rights under the Native Title Act 1993, the Aboriginal Heritage Act 2006 and/or the Traditonal Owner Settlement Act 2010 on behalf of the of the Traditonal Owners they represent, or they may have no formal agreements in place.

Wellbeing – encompasses social, physical, emotional, cultural and spiritual factors – all aspects of an individual’s life. In broad terms, social and emotional wellbeing is the foundation for physical and mental health for Aboriginal and Torres Strait Islander people. It is a holistic concept which results from a network of relationships between individuals, family, kin and community. It also recognises the importance of connection to land, culture, spirituality and ancestry, and how these affect the individual.

3 Our partnerships with Aboriginal communities are vital to our work for all Victorians in achieving our mandate of creating liveable, inclusive and sustainable communities and natural environments that are resilient in meeting the challenges of climate change. Munganin Gadhaba, DELWP Aboriginal Inclusion Plan

We want to work with DELWP as partners caring for Country together. Traditional Owner

4 Recognition& SELF-DETERMINATION

The Department of Environment, The Framework is designed to help ensure Land, Water and Planning (DELWP) is DELWP’s engagement activities with Traditional Owners and the Aboriginal Community are: committed to achieving best-practice • Better coordinated; engagement with Traditional Owners • Informed and guided by the best-available and Aboriginal Victorians. That is why information and resources; and DELWP developed this Traditional Owner • Carried out in a culturally safe and and Aboriginal Engagement Framework competent manner. (Framework). The Framework is both a primer in cultural This Framework is based on principles of awareness and a practical guide to engagement. empowerment and self-determination. It’s about • The Recognition & Self Determination and listening and taking the time to find out how ‘Purpose of Engagement’ sections give an people want to be treated, instead of assuming overview and explain why engagement is you know. important. By listening and taking the time to adopt • The Principles of Engagement section best-practice approaches to engagement, delves into the nitty-gritty – explaining how DELWP aims to establish deep and meaningful engagement works and providing broad partnerships with Traditional Owners and the guidelines, policy and legislative context broader Victorian Aboriginal Community. including the legal status of Traditional Owner This Framework describes an approach to groups. engagement based on a recognition of the deep • The Aboriginal Engagement Framework spiritual connection Traditional Owners have to outlines the high level objectives and aligns their Country, as well as an acknowledgement to Engage@DELWP and will guide the work of the significant responsibility DELWP has as a through the Implementation Action Plan. land and natural resource manager to support • The Tips for Engagement offers practical self-determination and create opportunities advice on what to do in preparing for and for Traditional Owners to care for Country and during engagement. provide opportunities to enhance First Peoples’ • An implementation action plan outlines connection to Country. specific tasks to help DELWP staff engage DELWP also recognises the wider benefits of better with Traditional Owners and Aboriginal connecting Country and community – and communities. believes that a renewed focus on Caring for Country can contribute to significant social, economic, spiritual and cultural outcomes for Traditional Owners and the Victorian Aboriginal Communities.

5 Purpose OF ENGAGEMENT

Munganin Gadhaba made a commitment More broadly, DELWP will use the Framework to: to establish clear and meaningful • Enable better co-ordinated, more culturally- relationships with Traditional Owner and appropriate engagement with Traditional Owners and Victorian Aboriginal Communities; Victorian Aboriginal communities. • Strengthen engagement by listening to Specifically, the Plan included a goal to increase feedback and advice on the ways DELWP Aboriginal communities’ participation in the currently engages with Traditional Owners planning and delivery of DELWP policies, services and Victorian Aboriginal communities and and projects – as well as create new opportunities responding to that feedback in practical and for participation by improving collaboration with productive ways; external service providers. • Support better co-ordination of DELWP-wide The purpose of the DELWP Traditional Owner engagement activities with Traditional Owners and Aboriginal Engagement Framework is to and Victorian Aboriginal communities; strengthen the capacity of Traditional Owners • Reduce the consultation fatigue experienced and Aboriginal communities by enabling better by many Victorian Traditional Owners and coordination whilst engaging in a meaningful Aboriginal communities by being more and culturally appropriate manner. effective with engagement; and To create mechanisms, opportunities and • Strengthen the capacity of Traditional protocols for increased participation and Owner organisations to effectively engage collaboration, DELWP first needs to establish with DELWP on matters relating to the and develop clear and responsive relationships management of Victoria’s land and waters; with Traditional Owners and Victorian Aboriginal and ensure DELWP staff understand their legal communities. obligations and best practice for engaging with Victorian Traditional Owners and Aboriginal communities. ‘Our community decision making processes can take time and they must be respected and understood.’ Traditional Owner

BACKGROUND

A series of meetings between Victorian DELWP also consulted with key staff currently Traditional Owners (with formal recognition) and working with Traditional Owners – to better DELWP – were held discussing the ways in which understand how they currently engage, DELWP currently engages Traditional Owners, challenges they face when engaging, and what support Traditional Owner organisations identifying opportunities to improve DELWP’s need from DELWP to be engaged, and what engagement with Traditional Owners. DELWP can do to strengthen its engagement This Framework and action plan respond to and partnerships with Traditional Owners. and is informed by the advice received from Traditional Owners and key DELWP staff. 6 CASE STUDY

delwp and gunaikurnai Land and Waters Aboriginal CorporatioN

DELWP is a large organisation, with many of our business groups engaging with the Gunaikurnai Land and Waters Aboriginal Corporation (GLaWAC) on natural resource management policy and issues. In response to GLaWAC’s feedback that the way DELWP had been engaging was time-consuming, DELWP Gippsland Region and GLaWAC adopted several key approaches to streamline engagement. The starting point was to develop an engagement framework that nominated staff in both organisations as the key contacts for the various policy areas. Monthly GLaWAC-DELWP partnership meetings, coordinated by DELWP’s Gippsland Traditional Owner Partnership Officer, were introduced to ensure staff were able to discuss their projects with GLaWAC and identify opportunities to partner on future work. GLaWAC, DELWP and Parks Victoria are also in the process of establishing a Gunaikurnai Fire Management Group to ensure Gunaikurnai aspirations for fire management and cultural burning are realised and supported. Importantly, GLaWAC and DELWP recognise that this journey of engagement and partnership will evolve over time and our approaches will improve in the future.

It can be hard for a Traditional Owner corporation to navigate the scope of issues that come from a large and important partner agency like DELWP. GLaWAC has built up strong organisational capacity and has its own engagement strategy in place. It is important that partner agencies don’t impose their engagement models on Traditional Owner corporations but work with them to develop an approach that best suits. The Traditional Owner Partnership Officer has also been an integral part of this success of our partnership approach, with this role needing to create and maintain a high level of trust and understanding of GLaWAC, our people and our vision for the Gunaikurnai community. Daniel Miller, GLaWAC’s General Manager - On Country, reinforces the success of this partnership approach.

7 AboriginalENGAGEMENT FRAMEWORK Better coordination of DELWP engagement activities for Victorian Traditional Owners and the broader Aboriginal community Capacity strengthening of Victorian Traditional Owner Corporations and the broader Aboriginal community

Our Roles We recognise and respect the authority of Traditional Owners. We empower Traditional Owners and Victorian Aboriginal communities to make decision about the things that matter to them. We respect and value Traditional Owners’ connection to Country.

Our Practice Our practice is based on principles. When we engage, we understand and respect how Traditional Owners and Victorian Aboriginal Communities make decisions. We work to support and enable self-determination We are adaptive & flexible in our approach.

8 Self-Determination of Traditional Owners and Aboriginal Victorian’s will be recognised and supported. OneDELWP

Our People All staff are responsible for cultural safety and will be supported to become culturally competent. Understand the legal and historical context for engagement is critical.

Our Relationships Traditional Owners are partners and equals. Traditional Owners and Victorian Aboriginal Communities are diverse. We recognise past injustice and inequality. “The playing field is not equal.”

9 PrinciplesOF ENGAGEMENT

DELWP respects and acknowledges In addition to following the guidelines laid out Aboriginal culture; rejects all forms in DELWP’s Community Charter and Engage@ DELWP, DELWP staff and contractors must – of racism and intolerance; recognises adhere to eight fundamental principles when Aboriginal peoples’ right to care for engaging with Traditional Owners and and access Country; and is committed Aboriginal Communities. to work with communities to improve Aboriginal participation.

PRINCIPLE 2 PRINCIPLE 4 PRINCIPLE 1 Traditional Owners Respect for decision- Self Determination as partners making processes

Traditional Owners and the PRINCIPLE 3 We must understand Self- State are equal partners in Traditional Owners Place-based or determination as a core the management of their and Aboriginal principle and embed it in lands, waters and natural whole-of-Country approach people have their our business as usual an resources. Some Traditional own governance approach that produces Owner groups have formal structures and effective and sustainable agreements with the State, ways of making improvement in outcomes such as Joint Management decisions. They DELWP’s engagement for Aboriginal people and arrangements, recognised must be respected, with Traditional Owners communities. through the Traditional and timelines and Victorian Aboriginal The enablers of Self- Owner Settlement process. must incorporate Communities should determination are: Even without formal these governance be place based. To agreements, Traditional structures and ways • Prioritise culture; facilitate this, it should Owners have a right to of making decisions. • Address trauma and partner in decisions and be co-ordinated at a support healing; responsibilities. regional level through • Address racism the Regional Community and promote & Partnerships Program cultural safety; Teams. • Transfer power and resources to communities.

‘DELWP recognises the need to continually develop our understanding of the diversity of Aboriginal culture and customs.’ Munganin Gadhaba, DELWP Aboriginal Inclusion Plan 10 Traditional Owners must have What is the connection between opportunity for meaningful the past and present? participation in – and control PRINCIPLE 5 The social and economic impact of of processes that affect their Aboriginal people set invasion and control of Indigenous Country and community. their own priorities people has accumulated across Processes and timelines must generations. It was amplified by allow for Aboriginal people to policies and practices that have decide what matters to them. systematically disadvantaged Indigenous people. In many instances, this has resulted in the transmission DELWP cannot act unilaterally. of trauma, poverty and other forms PRINCIPLE 6 Traditional Owners and of disadvantage from generation Free, prior and Aboriginal Communities to generation. The disadvantage of informed consent must give free, prior and today’s generation is often directly informed consent to any related to the lack of opportunities of change that will impact them. previous generations, including poor nutrition and inadequate education and health care. https://australianstogether.org.au/discover/ australian-history/get-over-it/ PRINCIPLE 7 Acknowledge past injustices and structural What is cultural safety? inequality The term ‘cultural safety’ was first defined by the Maori nursing fraternity in New Zealand and is expressed as DELWP acknowledges that past injustices and ‘an environment that is safe for people: continuing inequalities experienced by Aboriginal where there is no assault, challenge or people have limited, and continue to limit, their denial of their identify, of who they are participation in land, water and natural resource and what they need. It is about shared management. Any DELWP engagement must respect, shared meaning, shared create respectful processes with Traditional knowledge and experience of learning, Owners and Victorian Aboriginal Communities living and working together with dignity that recognise these past injustices. and true listening.1 1 R Williams, ‘Cultural Safety – what does it mean for our work practice?’ (1999) 23(2) Australian and New Zealand Journal of Public Health p213.

PRINCIPLE 8 DELWP staff need to be Aboriginal Cultural culturally competent when What is cultural awareness? engaging with Traditional safety and competency Cultural awareness is about Owners and Aboriginal individual empowerment. It focuses communities. That means on making people aware of, and they need to not just have knowledgeable about, cultural the knowledge, skills and experiences that are different from attitudes to do their own their own – encouraging people job, but must also value the to treat others as they want to be cultural knowledge and skills treated, rather than how you want of Aboriginal people. to be treated.

11 History and Policy context

Victorian Aboriginal History Aboriginal Self-determination The Victorian landscape holds the imprint of The Victorian Government is committed to thousands of generations of Aboriginal people. self-determination as the guiding principle Aboriginal people have occupied this land for in Aboriginal Affairs and is working closely tens of thousands of years prior to European with the Aboriginal community to tackle settlement. Living a lifestyle rich in culture, some of the most important issues for the developed through a varied and complex Aboriginal Community. set of languages, tribal alliances and trading In August 2019, the Victorian Government routes, beliefs and social customs that involved released the Self-Determination Reform totemism, superstition, initiation and burial rites, Framework (SDRF). The SDRF is intended to and tribal moieties that regulated relationships guide public service transformation in order and marriage. to enable self-determination in line with the These cultural practices involve a deep spiritual Victorian Government’s commitment under understanding of the environment and govern the Victorian Aboriginal Affairs Framework how communities live with and maintain the 2018-2023 and provides an outline for reporting land, plants and animals of their region. Stories on the goals and strategic actions. It also are linked with culture as a way of passing provides an architecture for reporting on this information to younger generations. The action and central to the SDRF is its four stories often talk about creation and explain Reform Domains: People, Systems, Outcomes how natural elements were formed or how and Accountability. species came to be. Included in these stories The purpose of the Self-Determination Reform can be knowledge of hunting locations, animal Framework is to: behaviours and any restrictions or laws that apply to a species or region. Understanding 1. Build on and update the 2011 Victorian the land through seasonal observations Government Aboriginal Inclusion Framework. was once essential to survival and is today, 2. Provide a consistent understanding of essential to management. how government should enable self- determination. The arrival of Europeans in Victoria irrevocably 3. Provide guidance for whole of government changed the lives of the many Aboriginal and departmental transformation to enable groups – those effects are still being felt today. self-determination. Initial conciliation gave way to European 4. Provide a consistent approach to reporting arrogance and Aboriginal resentment on government’s efforts to enable self- stemming from the settlers’ exclusive idea of determination. property. Whilst various groups resisted the takeover of their lands, they were no match for the well-armed and determined Europeans and the inevitable result was loss of life and dislocation. The reality of colonisation involved The United Nations Declaration of the the establishment of Victoria with the specific Rights of Indigenous Peoples (UNDRIP) intent of excluding Aboriginal people and their laws, culture, customs and traditions. Australia signed the UNDRIP in 2009. All signatories to the UNDRIP commit to its terms Over time, the development of Victorian laws, “as a standard of achievement to be pursued policies, systems and structures explicitly in a spirit of partnership and mutual respect”. excluded Aboriginal Victorians, resulting in Article 3 of UNDRIP recognises Indigenous and entrenching systemic and structural peoples’ right to self-determination. racism. Despite the past and present impacts of colonisation, Aboriginal people, families and communities remain strong and resilient.

12 Treaty with Aboriginal Victorians Munganin Gadhaba The Aboriginal community has been long DELWP’s vision for Aboriginal Inclusion, advocating for treaty and has said that there outlined in Munganin Gadhaba, commits the could be no constitutional recognition and Department to work in partnership with Victoria’s consequently self-determination without treaty. Traditional Owners and Aboriginal communities The Victorian Government is leading the country across landscapes, communities and natural through its work toward a treaty or treaties with resources – growing liveable, sustainable Traditional Owners and Aboriginal Victorians. and inclusive communities, and sustainable We are working together to create a better natural environments. future for all Victorians and enable true We recognise that we have two distinct self-determination for Aboriginal people. obligations to Aboriginal people living in Victoria: Victoria has embarked on a treaty making • Our obligation to the Traditional Owners of process comprised of three phases; Country. Phase 1 – Establishing an Aboriginal • Our obligation to provide employment, Representative Body (known as the First Peoples training and business opportunities for Assembly of Victoria). Victoria’s Aboriginal people. Phase 2 – Developing a treaty framework. We aim to achieve this by; Phase 3 – Negotiating treaties. • Building collaborative relationships and working partnerships with Victorian Traditional For further information in relation to Owners in the management of country to the establishment of a Treaty, go to achieve our shared priorities. https://w.www.vic.gov.au/aboriginalvictoria/ • Contributing to closing the economic gap treaty.html between Aboriginal and non-Aboriginal people by creating employment and business participation opportunities across the department.

13 Legislative context

Charter of Human Rights and Traditional Owners with formal legal Responsibilities Act 2006 (Vic) agreements and statuses. Victoria’s Charter of Human Rights and Before engaging with any Traditional Owner Responsibilities Act 2006 (Section 19 (2)) group, you must understand the legal status of recognises that Aboriginal people hold distinct that group to understand the different rights cultural rights. These are the rights to: enjoy of Traditional Owners under various pieces of their identity and culture; maintain and use legislation. This will help us ensure that we meet their language; maintain their kinship ties; and our obligations. maintain their distinctive spiritual, material and Formal recognition refers to the legal process economic relationship with the land and waters under which Traditional Owner groups are and other resources with which they have a recognised as the right group to speak to connection under traditional laws and customs. about land and waters within a specific Public authorities have a legal obligation, under area. Traditional Owners can be formally section 38 of the Charter, to: recognised under various Acts which is • act compatibly with Aboriginal cultural rights; typically accompanied by the appointment and of a corporate entity to perform the functions • properly consider Aboriginal cultural rights under the relevant Act (NTA, TOSA or AHA). when making decisions. The appointment of a corporate entity creates certainty because it establishes a point Generally, all DELWP staff and contractors must of contact for any person or body seeking uphold the Victoria’s Charter of Human Rights engagement with the Traditional Owners. and Responsibilities.

Native Title Claims and Determinations Specifically, all staff and Native title is secured by Traditional Owners under the Commonwealth’s Native Title Act. contractors must also – 1993. There are two stages to securing depending on the project they native title. are working on – engage and/or 1. A Traditional Owner group must be consult with any and all relevant registered as a native title claimant in the National Native Title Tribunal (NNTT). Traditional Owners formally 2. The Traditional Owner group then enters recognised under the Aboriginal into mediation with, or litigation against, the Heritage Act 2006, Traditional relevant State. The process of mediation or litigation can take years. At the end of that Owner Settlement Act 2010 or process the Federal Court of Australia (FCA) the Native Title Act 1993. makes a native title determination – deciding whether or not native title rights exist. (These pieces of legislation are described in the document.) Under native title laws, procedural rights begin as soon as a Traditional Owner group registers its claim with the NNTT. That procedural right is important because it means a Traditional Owner group has rights over the claim area before any native title determination is finalised.

14 Before a native title claim is finalised, the process Recognition and Settlement Agreements the Traditional Owners are referred to as native In Victoria, meeting the legal requirements title claimants. to make a successful native claim are difficult If a native title claim is successfully finalised, the for many Traditional Owner groups to reach. Traditional Owners are referred to as native title This is largely due to the long lasting and holders. sustained effects of colonisation, racism and structural disempowerment of Aboriginal If you need to engage with Traditional Owners people and communities to maintain and about Country covered by an unresolved native practice culture. title claim, you must speak to the native title claimants. The native title claimants are the After the unsuccessful native title claim by person or people named as the Applicant in the Yorta Yorta people in 2002, the Victorian the native title claim. Government introduced the Traditional Owner Settlement Act 2010 (Vic) (TOSA). The TOSA is a If the Federal Court of Australia makes a State-based alternative to the Commonwealth’s determination that native title exists, it appoints native title regime. The TOSA creates a less a corporate entity to manage the native title onerous way for Traditional Owners to secure rights – as either trustee or agent – for the native ‘native title-like’ rights over their traditional lands title holders. The corporate entity is referred to and waters. as the Prescribed Body Corporate (PBC) or the Registered Native Title Body Corporate (RNTBC). Agreements reached between Traditional Owner groups and the Victorian Government under Native title is not always uniform. For instance, the TOSA are referred to as Recognition and a Traditional Owner group may have native title Settlement Agreements (RSA). RSAs can be either determined over one area, as well as a registered a way of settling outstanding native title claims or native title claim over another area – making an alternative to lodging native title claims. them native title claimants in one part of Country and native title holders in another part of Country. RSAs can include separate parts: including a Land Agreement (dealing with the ‘handing-back’ In Victoria, there have been five native title of certain Crown land within the agreement area determinations. Currently, another three to the Traditional Owners), a Land Use Activity registered native title claims are yet to be Agreement (dealing with the rights of Traditional finalised. Owners when certain activities are proposed on The native title rights and interests claimed or land within the agreement area), and a Natural held by a Traditional Owner group may affect Resources Agreement (dealing with Traditional when and to what extent you are required to Owner participation in the use and management engage with the relevant PBC/RNTBC. of natural resources within the agreement area). If you need help in understanding how native title When a Traditional Owner group enters into a may affect your work in a particular area, contact RSA they appoint a corporate entity – referred DELWP’s Traditional Owner Agreement Unit. to as a Traditional Owner Group Entity (TOGE) – to represent them in relation to their rights under the RSA. The terms of an RSA may affect when – and to what extent – you are required to engage with the relevant TOGE. Further information on existing RSAs can be found at https://www.forestsandreserves.vic. gov.au/joint-management/agreements-with- traditional-owners.

15 Registered Aboriginal Parties Other relevant agreements between Traditional Owners groups and the Registered Aboriginal Parties (RAPs) are State of Victoria corporate entities. They are appointed by the Victorian Aboriginal Heritage Council to In addition to Native Title, Traditional Owner perform functions related to the protection and Settlement Act, and Recognition and management of Aboriginal cultural heritage Settlement Agreements, several ancillary under the Aboriginal Heritage Act 2006 (Vic) agreements exist as part of native title – and have access to the Victorian Aboriginal settlement packages. All relevant agreements Heritage Register for their agreed RAP area. between Traditional Owners and the State of Victoria need to be considered as part of RAPs have the authority to: our work. • Approve or refuse Cultural Heritage Management Plans; Examples of such agreements that may be • Approve Cultural Heritage Permit part of a broader native title settlement applications; packages are: • Enter into a Cultural Heritage Agreement, • Indigenous Land Use Agreements (ILUAs); • Enter into an Aboriginal Cultural Heritage • Cooperative Management Agreements; Land Management Agreement; • Consultation Agreements; • Nominate intangible heritage places to • Licensing Agreements; and be registered on the Victorian Aboriginal • Access Agreements. Heritage Register; and For example, in 2004, the Yorta Yorta people • Apply to the Minister to make interim or entered into a ‘Cooperative Management ongoing heritage protection declarations. Agreement’ with the State Government to RAPs may have a role in enforcement and facilitate greater cooperation in management compliance through the employment of of their Country. Then in October 2010, the Aboriginal Heritage Officers. Yorta Yorta people entered into a ‘Traditional Owner Land Management Agreement’ with the RAPS also perform a range of other functions State Government which established the Yorta – including, but not limited to, welcomes to Yorta Traditional Owner Land Management Country, Aboriginal cultural awareness training, Board to jointly-manage Barmah National Park natural resource management, education with the State. services, housing and social and wellbeing programming. More information on these agreements with Traditional Owners can be found here DELWP Heritage Specialists in each Region https://www.forestsandreserves.vic.gov.au/ can provide preliminary advice on whether land-management/what-we-do/agreements- your planned activity, program or initiative has with-traditional-owners the potential to impact on Aboriginal cultural heritage sites/ places. The terms of these agreements may affect when and to what extent you are required to Information on RAPs and the areas for engage with the relevant Traditional Owner which they are responsible can be found at corporation. https://www.vic.gov.au/aboriginalvictoria/ heritage/registered-aboriginal-parties.html If you need help in understanding how the terms of any of these agreements may affect your work in a particular area contact DELWP’s Traditional Owner Agreement Unit.

16 CASE STUDY

Wadawurrung Fishing ‘Buniya Baieer’ CELEBRATING WATER AND CULTURE ON MOORABUL YALUK-MOORABOOL RIVER

In May 2019, Wadawurrung Traditional Owners, with the support of Corangamite Catchment Management Authority and DELWP, gathered at Dog Rocks on the Morrabul Yaluk. The Traditional Owners and the local community went to the river on that beautiful autumn day to celebrate the recognition of the Wadawurrung’s values in waterway management. A ceremony was held to welcome the additional 500 mega-litres of fresh water that was being sent down the river to protect Cultural values. The Wadawurrung community also placed a Buniya Binak (a traditional eel trap hand woven by Traditional Owner, Tammy Gilson) into the river under a Cultural Fishing Permit.

This moving celebration was the culmination of an 18-month partnership between the Wadawurrung, CCMA and DELWP to ensure Traditional Owners have a central voice in the management of waterways on their Country. Wadawurrung inclusion on the technical panel of the latest FLOWS study for the Barwon system identified the importance of protecting culturally significant species like the Eel, maintaining deep pools and the recognition of confluences as culturally important places. This important work informed the Wadawurrung’s decision to create a Buniya Binak with the women of their community. And it was an honor to share the launch of the Eel trap and their celebration of water on Wadawurrung Country. Melinda Kennedy, Wadawurrung Water Officer

Tammy Gilson (right), Wadawurrung Traditional Owner and Aboriginal Inclusion Coordinator, Grampians Region.

17 LEGISLATIVE STATUS OF EACH RECOGNISED VICTORIAN TRADITIONAL OWNER GROUP* *note: the information in this table is current as at October 2019 and is subject to change.

CORPORATION NAME REGISTERED RECOGNITION CO-OPERATIVE NATIVE TITLE ABORIGINAL AND SETTLEMENT MANAGEMENT PARTY (AHA) AGREEMENT (TOSA) AGREEMENT (NT ACT) Barengi Gadjin Land Council Under negotiation Aboriginal Corporation (Wotjobaluk, Yes Yes Determined Jaadwa, Jadawadjali, Wergaia, to exist Jupagulk Nations)

Bunurong Land Council Yes Aboriginal Corporation

Dja Dja Wurrung Yes YES Clans Aboriginal Corporation

Area A – Determined Under negotiation Eastern Maar Aboriginal Yes to exist Corporation Area B - Registered

First People of the Millewa-Mallee Aboriginal Yes Under negotiation Corporation Registered

Gunaikurnai Land Area A – Determined Yes and Waters Aboriginal YES to exist Corporation

Gunditj Mirring Traditional Yes Under negotiation Owners Aboriginal Yes Corporation

Taungurung Land and Yes Yes (not yet effective Waters Council Aboriginal as at 21 August 2019) Corporation

Wathaurung Aboriginal Yes Corporation

Wurundjeri Woi Wurrung Cultural Yes Threshold statement Heritage Aboriginal Corporation

Yorta Yorta Yes Yes Nation Aboriginal 18 Corporation REGISTERED ABORIGINAL PARTIES AND DELWP REGIONS AS AT OCTOBER 2019

Registered Aboriginal Parties and DELWP Regions First Peoples of the Millewa-Mallee as at October 2019

Non legally recognised Traditional Owners DELWP region

Loddon Mallee

Barengi Gadjin Yorta Yorta Hume Dja Dja Wurrung Grampians

Taungurung

Gippsland

Wurundjeri Gunditj Mirring Wathaurung Woi Wurrung

Port Phillip Gunaikurnai Barwon South West

Bunurong Gunditj Mirring and Eastern Maar

Non legally recognised Traditional Owners DELWP region 19 For the latest map, always check the Victorian Aboriginal heritage Council’s website, visit https://www.aboriginalheritagecouncil.vic.gov.au/ What is engagement?

For DELWP, the term ‘community engagement’ DELWP Community Charter describes the planned and unplanned ways we Our DELWP community charter helps us put the interact and relate to our partners, stakeholders community at the centre of everything we do and communities. The charter and the commitment it makes is That means community engagement covers integral to and consistent with the Traditional a wide range of departmental business and Owner and Aboriginal Community Engagement concerns a wide range of outcomes, including: Framework, which supports us to work in participation in decisions, actions or outcomes; partnership with our local communities, build building and maintaining relationships; and better and longer-lasting relationships and increasing community capacity for planning, improve the capability of communities and action and learning (Engage @ DELWP). DELWP staff to actively engage with each other. To succeed, community engagements need to be thought of as sustained relationships. Given past injustices and continuing inequalities, building and sustaining relationships is especially important when engaging with Traditional Owner Groups from areas Traditional Owners and Aboriginal Communities. where there is no formal recognition To engage with Aboriginal Communities the relationship must be built on trust and integrity, Currently, numerous Traditional Owner groups with both groups working in partnership assert rights and interests in being involved towards shared goals.2 in caring for Country over which Traditional Owners are not formally recognised under the AHA, TOSA and NTA. Engage@DELWP DELWP’s position on engaging with these Engage@DELWP is a framework developed to groups is clear. Any Traditional Owner groups support DELWP’s diverse engagement with its with an interest in a DELWP project, program partners, stakeholders and communities. and/or initiative must be included and engaged Across DELWP we engage for a range of with. outcomes including to; It’s important to understand that some RAPs • make more informed decisions; may also have an interest in non-RAP areas. • build and sustain strong relationships; and Contact your relevant Aboriginal Inclusion • build the capacity of communities. Co-ordinator to identify relevant groups with Engage@DELWP is guided by strong interests in your region/ project area and advice engagement principles and clear roles and on how to go about engaging them for your responsibilities. One key action from the project. Staff at Aboriginal Victoria can also framework is the development of an online provide advice. engagement hub that provides practical advice The Department of Premier and Cabinet and support to plan, deliver and evaluate (Aboriginal Victoria) is currently working with good engagement. The hub can be used groups without formal (legal) recognition to as a resource when engaging the Victorian establish a Whole of Government Framework Aboriginal Community. (https://delwpvicgovau. to support our work with Traditional Owners of sharepoint.com/Campaigns/EngageAtDELWP/ areas without formal recognition. Pages/default.aspx)

2 Hunt J 2013. Engagement with Indigenous communities in key sectors. Resource sheet no. 23. Produced for the Closing the Gap Clearinghouse. AIHW cat. no. IHW 105. Canberra: Australian Institute of Health and Welfare & Melbourne: Australian Institute of Family Studies.

20 You may find useful information in Aboriginal The Federation of Victorian Traditional Owner Victoria’s recently published report of Traditional Corporations (FVTOC) Owner feedback about how government can The Federation of Victorian Traditional Owner better resource and engage with Victorian Corporations (FVTOC) is the peak body Traditional Owner groups: “To be heard and representing the interests of its members, for words to have actions” Traditional Owner Victorian Traditional Owners who have or are voices: improving government relationships and in the process of gaining recognition under the supporting strong foundations”. In particular, Native Title Act 1993 (Cth), Traditional Owner this report highlights the importance of building Settlement Act 2010 (Vic) or the Aboriginal strong relationships with Traditional Owners. Heritage Act 2006 (Vic). DELWP engages with the FVTOC regularly for various purposes and Broader Victorian Aboriginal Community in situations where Traditional Owners have Many other Aboriginal organisations and people indicated that FVTOC represent them on a represent a range of community or individual particular matter, then DELWP will respect interests. Some of these groups are referred to as that direction. Aboriginal Co-operatives. These organisations https://www.fvtoc.com.au do not represent Traditional Owner rights and interests, although they often work closely with Traditional Owners and the broader community. Local Aboriginal Networks (LANs) However, it is important to first determine whether LANs are local networks run by volunteers. or not those organisations have the authority to They provide a safe and welcoming space fully represent the Traditional Owners of for the Aboriginal community to connect, that Country. share, learn and lead. The below are some examples which include: LANs bring Aboriginal people together to: • set priorities; Murray Lower Darling Rivers Indigenous Nations (MLDRIN) • develop community plans; • improve social cohesion; and MLDRIN is a not-for-profit company that acts • empower Aboriginal Victorians to participate as an advocacy body for Indigenous water in civic and community life. rights in the Murray Darling Basin. MLDRIN is a confederation of First Nations from the Southern These voluntary community networks provide part of the Murray Darling Basin, in south-eastern a safe and welcoming space for the Aboriginal Australia. The member Nations of MLDRIN community to connect, share, learn and lead. recognise the value of a united voice to progress LANs provide a critical and effective channel to their unique rights, values and interests in water engage and celebrate the diversity within the management. Aboriginal community. https://www.mldrin.org.au/ https://w.www.vic.gov.au/aboriginalvictoria/ community-engagement/local-aboriginal- networks.html

21 CASE STUDY

A relationship founded on stones and mountain La Larr Ba Gauwa Park and delwp La Larr Ba Gauwa Park near Harcourt in Central Victoria opened 34 kilometres of world-class mountain bike trails in March 2018. The trails are attracting thousands of riders from across Australia and providing considerable economic benefit to the region. When DELWP Loddon Mallee Region became the lead on delivering the mountain bike park, it established a Project Control Group with Dja Dja Wurrung as members. A Community Reference Group also helped guide the Park’s development and consisted of representatives from Government agencies, Traditional Owners, bike clubs and community groups including Tourism and Progress Associations. A key partnership throughout development and delivery of the Park was with the Traditional Owners, Dja Dja Wurrung. The land is included in the Recognition and Settlement Agreement, which protects the Dja Dja Wurrung’s right to have a say in activities on crown land. From the outset, Dja Dja Wurrung were involved in the planning and development of the Harcourt Mountain Bike Project. A cultural heritage management plan was developed and when trails were mapped out, discussions were held with Dja Dja Wurrung to ensure significant sites were not disturbed. The Park name – “La Larr Ba Gauwa” – and 11 Traditional language trail names were nominated by Dja Dja Wurrung Clans Aboriginal Corporation. In late 2017, community consultation was held over the proposed Park name – and La Larr Ba Gauwa received strong support. La Larr Ba Gauwa means stones and mountain in Dja Dja Wurrung language and acknowledges the history and connection of the Traditional Owners with the local area. Work is underway to record the oral history with Traditional Owners and install interpretative signage that explains the Aboriginal history and cultural importance of the site to Dja Dja Wurrung people. La Larr ba Gauwa Park is now being managed by a committee of management which includes representation from Dja Dja Wurrung.

22 Tips FOR ENGAGEMENT

PREPARING FOR ENGAGEMENT • Understand the Traditional Owner group’s legal status and rights under the relevant legislation. • Embed Traditional Owner partnership as a This is fundamental. Familiarise yourself with key principle of your project allowing enough all relevant agreements, NT determinations, time for proper consideration. RAP statuses – and find out how any and all of • Meet on Country. Participate in community this impact on your DELWP program, project meetings rather than asking people to join or initiative. Seek advice from the Traditional pre-determined NRM agency processes. Owner Agreements Unit or an Aboriginal Inclusion Coordinator in the relevant Region if necessary. • Respect Aboriginal Community decision-making processes. Good engagement takes time. • Engage early and talk to the community. Aboriginal community representatives can’t always The sooner you start talking to people the sooner decide on the spot. Often, they need to go back you will find out how (or whether) your project to a committee or their community. Consequently, connects with community development needs government timeframes are often too tight and and aspirations. Incorporate what you learn into unrealistic. You can’t build a partnership unless the design of your project, program or initiative. you respect Aboriginal decision-making processes. • Economic opportunities. The Victorian Government • Resource Traditional Owners for their participation. and DELWP have committed to a 1% procurement Good engagement requires dedicated and secure target for engaging with Aboriginal businesses. resources. Too often, funding is short-term and tied Identify potential opportunities as early as possible to projects, making it difficult to sustain capacity for working with Aboriginal business. Familiarise development (Hunt 2009, p.43). yourself with the DELWP Aboriginal Procurement Strategy.

DURING ENGAGEMENT OTHER CONSIDERATIONS

• Acknowledge Traditional Owners. You are • Be innovative and flexible. Success comes when working on someone’s Country. That’s why, government bodies working with Aboriginal whenever you are invited to a meeting, you people in NRM innovate and incorporate should acknowledge the Traditional Owners Aboriginal ways of doing business. and pay respect to their Elders, past and • Be purposeful. Establish who you will engage present. with and be inclusive and clear on the • Use plain English. Avoid jargon and acronyms. purpose, particularly the negotiables and Don’t use overly scientific or technical non-negotiables. language. Talk straight. • Engage early. And, once you’ve made contact, • Listen. The Traditional Owners and Aboriginal incorporate timeframes compatible with communities can help you if you take the time the cultural protocols and decision-making to listen to what they have to say. processes of Traditional Owners and Aboriginal • Don’t make assumptions. In your initial Communities. engagement meeting, ask how the group • Be in it for the long haul. Engagement is a long- prefers to make decisions and find out about term relationship based on trust, respect and their governance structures. For instance, honesty. Having the right process is paramount find out whether they make decisions by a to a successful relationship. Be transparent. Be committee of Elders or a Board of directors or open from the outset of your project so you can appoint a specific project group. incorporate Traditional Owner and Aboriginal Community aspirations into your project at the planning and scoping stage. Listen and learn. And, where possible, link environmental outcomes to community aspirations.

23 24 Self-Determination of Traditional Owners and Aboriginal Victorian’s will be recognised and supported. OneDELWP