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Native Title NEWSLETTER Issue 2 | 2020 WELCOME to the Native Title CONTENTS Newsletter 2020

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Native Title NEWSLETTER Issue 2 | 2020 WELCOME to the Native Title CONTENTS Newsletter 2020 Native Title NEWSLETTER Issue 2 | 2020 WELCOME to the Native Title CONTENTS Newsletter 2020 For the past 27 Years, the NTRU has attention to how Aboriginal and Torres decade of native title and the 2020 native focused on maximising the recognition Strait Islander people are embracing title snapshot. We continue to support of native title through improving new opportunities and directions within the aspirations of PBCs as they care for information and coordination, actively the native title and research arena. country and culture through the newly engaging in law and policy reform updated PBC Website. We explore the opportunities for and strengthening the voice of meaningful collaboration and Stay in the loop by subscribing to the native title holders. partnerships in marine estate online Newsletter. If you would like to Over two editions each year, the management and returning native title make a contribution, please contact Native Title Newsletter includes feature materials. Indigenous led and focussed us at [email protected] articles, community interviews, book research is firmly in the spotlight with Above: Protestors at the Black Lives Matters reviews, research project reports, youth the new Code of Ethics for Aboriginal rallies in Sydney, 2020. Credit: Ali Mongta perspectives and other various articles. and Torres Strait Islander Research and the Indigenous Research Exchange. Cover: Neville Bloxsome at Wreck Bay, ACT. Despite the changes to our lives and Credit: Sharon Bloxsome work brought about by the COVID-19 The shifting priorities of post-determination pandemic, in this edition we pay is shown through a review of the last © Australian Institute of Aboriginal and Torres Strait Islander Studies AIATSIS Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968, no part of this publication may be reproduced without the written permission of the publisher. Views expressed in this Newsletter are not necessarily those of AIATSIS. @AIATSIS AIATSIS acknowledges the funding support of the National Indigenous Australians Agency. ISSN: 1447-722X AIATSIS_ Editors: NTRU Information Services Team, AIATSIS. Design and typesetting: AIATSIS. /AIATSIS Printed by: University Printing Service, ANU. Aboriginal and Torres Strait Islander people are respectfully advised that this publication may contain names and images of deceased persons, and culturally sensitive material. [email protected] AIATSIS apologises for any distress this may cause. CONTENTS 14 Native Title 9 Snapshot 2020 10 Years of Native Title 2 Under the sea: a traditional owner perspective on the Marine Estate Management Act 18 Updating the 6 PBC website 10 Indigenous Research Exchange Native Title Timeline 13 Providing leadership in ethics 20 and protocols for Aboriginal AIATSIS building and Torres Strait 7 name Maraga Islander research celebrates An emotional and Ngunnawal cultural archive language 2 Native Title Newsletter 2020 Issue 2 Under the sea: a traditional owner perspective on the Marine Estate Management Act By Wally Stewart, traditional owner and native title applicant, south coast New South Wales (NSW) For over 50,000 years Aboriginal an opportunity for traditional people’s wellbeing is well people in New South Wales owners to be involved in known.1 So is the importance have managed marine resources planning for marine estates. of maintaining culture through on their Country. The proper To maintain and safeguard our knowledge transfer to younger management of the marine cultural obligations, we would generations. Partnering with resources in our Country is an like to see the Act include an traditional owners to co-design ongoing cultural obligation objective related to increasing and manage marine estates we have as traditional owners. co-management of sea country provides a perfect opportunity Unfortunately these obligations and Aboriginal participation to contribute to many of the new do not always align with in the management of the Closing the Gap (CTG) targets compliance and marine marine estate. This can include and meets a number of the regulation regimes. specific provisions to promote CTG outcomes including: co-management of the marine • everyone enjoys long and Co-management of sea estate by NSW Aboriginal healthy lives country and Aboriginal groups, native title holders, participation in the and the state government. • youth engaged in management of the employment and education As the new Closing the Gap marine estate Report (CTG) acknowledges, • strong economic development The recent statutory review of the connection between caring and participation of people the Marine Estate Management for country and Aboriginal and their communities Act 2014 (the Act) creates and Torres Strait Islander Catching mullet at Bermagui in 2017. Credit: Wally Stewart Native Title Newsletter 2020 Issue 2 3 • people enjoy high levels While the economic benefits of Section 211 of the NTA provides of social and emotional a ranger program are clear the that Commonwealth and State wellbeing social and cultural benefits are laws do not apply to prohibit equally important. An Indigenous or restrict native title holders • cultures and languages ranger group has the added from ‘hunting, fishing, gathering, are strong supported and benefit of linking young people cultural or spiritual activity…in the flourishing with their elders to learn about exercise of their native title rights • people maintain a distinctive and care for country, to learn and interests’. This is confirmed cultural, spiritual, physical and and practice language and get in section 104A of the Native economic relationship with community members outside and Title Act 1994 (NSW) which their land and waters. maintaining their physical and outlines that native title rights Section 13 of the Act, which lays spiritual connection to country. and interests, including the right out the required consultation on to fish, cannot be extinguished Exercise of native title rights draft marine estate management by operation of a range of state to hunt, fish and gather strategies, is the perfect place legislation, including the Marine to ensure the perspectives As traditional owners in NSW, Estate Management Act 2014. of Aboriginal people in NSW and particularly on the south Section 21 – 24 of the Marine are incorporated into the coast, we have the right to Estate Management Regulations management of marine estates. exercise our native title rights 2017 gives authorised officers We are asking for section 13 and interests under the Native powers to remove persons or of the Act to include specific Title Act 1993 (Cth) (NTA). While property from marine parks and reference to consultation with there has been an ongoing aquatic reserves. It is imperative Aboriginal stakeholders and pattern of south coast Aboriginal that it be made clear in this native title groups before a draft people being prosecuted for legislation, and to all government marine estate management fisheries offences, despite employees working in this space, strategy is submitted to having the right to do so, we that these provisions do not have the Minister. believe now is the time to work any impact on the native title with government departments In pursuit of this policy objective, claimants and native title holders’ and local community to ensure Department of Primary valid rights and interests to everyone understands these Industries (DPI) and Environment, participate in their traditional native title rights. Energy and Science (EES) have fishing and gathering rights. the opportunity to collaborate with NSW Aboriginal groups and native title holders to fund and establish Indigenous ranger groups through the federal government’s Indigenous Rangers – Working on Country program.2 Indigenous ranger groups provide an opportunity to utilise a two-way approach combining traditional knowledge with training in conservation and land and water management. An Indigenous ranger group on the south coast of NSW will significantly improve on- the-ground management and compliance operations while also increasing skills and offering economic and employment opportunities to south coast Aboriginal people. Mullet run at Horseshoe Bay Bermagui 17 April 2018. Credit: Christiane Keller 4 Native Title Newsletter 2020 Issue 2 There is also a great opportunity In developing a solution to to make this clear to the wider this issue there is a great Explore Aboriginal and community via a concerted opportunity for collaboration Torres Strait Islander public education campaign. between DPI, EES, and the peoples’ cultural connection Aboriginal community on to the sea and more on Amendments to the regulations the south coast. There is an caring for sea country in are required, or at a minimum an urgent need for a process to the AIATSIS Living off our assurance by way of ministerial remove the sea urchins and waters exhibition. direction, so that these powers engage in regeneration efforts respect the rights of native in ecosystems damaged by an title holders and individuals increased sea urchin population. exercising native title rights. Batemans Marine Park zoning This could include physical Cultural fishing for south Sea urchin barrens regeneration of the area after coast Aboriginal people has Traditional owners along the sea urchin removal. Couple an immense cultural, social, south coast have identified this with Indigenous cultural economic and health value. management of sea urchin knowledge transfer to
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