1

© Department of Sustainability & Environment and Goulding Heritage Consulting

PO Box 509 North Carlton, Victoria 3054 Phone/Fax: 03 9380 6159 Mobile: 0409 145 489 [email protected]

2

Northern Region Sustainable Water Strategy: Indigenous Engagement Project

A technical report to DSE Office of Water

Megan Goulding Goulding Heritage Consulting 2009

3

Table of Contents

1 Introduction ...... 6 1.1 Background...... 6 1.2 Project Aims...... 6 Field Investigations/Workshop Proceedings ...... 7 Policy Documents...... 7 1.3 The Study Area...... 8 1.4 Indigenous Community Engagement Methodology ...... 9 1.5 Report Format...... 10 2 What Water Means to Indigenous People...... 11 2.1 Introduction ...... 11 2.2 Water, Traditional Knowledge and Responsibility...... 11 2.3 Water: Identity and Belonging...... 12 2.4 Water: the Source of Life...... 12 2.5 Spiritual Aspects of Water ...... 12 2.6 Water and Ecosystems...... 13 2.7 Water Linking Cultural Places...... 13 2.8 Water and Resources ...... 13 2.9 Community Health, Well-being and Water...... 14 2.10 Water and Recreation...... 14 2.11 Water and Teaching Cultural Practices...... 14 2.12 Memories and Water...... 14 2.13 Water and Social Connectedness ...... 14 3 Indigenous Peoples’ Issues and Aspirations in Relation to Water ...... 16 3.1 Introduction ...... 16 3.2 Country is Dying ...... 16 Aspiration: Improved Water Management...... 18 3.3 Lack of Indigenous Involvement in Managing Water ...... 18 Aspiration: Being Active Participants in Managing Water...... 19 3.4 Inappropriate Land and Water Management Practices ...... 20 Aspiration: Improved Land and Water Management Practices ...... 22 3.5 Lack of Resources & Opportunity to Engage in Water Management...... 23 Aspiration: Resourcing & Opportunity to Engage in Water Management ...... 24 3.6 Lack of Research into Traditional Owner Knowledge of Country ...... 25 Aspiration: Recognising and Applying Indigenous Cultural Ecological Knowledge ...... 25

4 4 Ongoing Involvement of Indigenous People in Water Management...... 27 4.1 Introduction ...... 27 4.2 Resourcing Traditional Owners...... 27 Funding ...... 27 Economic Development...... 29 Land Ownership...... 29 Developing Capacity to Respond ...... 29 4.3 Developing Participatory Processes with Traditional Owners...... 30 Strategic Regional Approaches...... 30 4.4 Employment of Traditional Owners in Land & Water Management Agencies 32 4.5 Integrated Management of Water and Land ...... 32 4.6 Water Allocations for Cultural Flow...... 32 4.7 Managing Cultural Heritage Places ...... 33 4.8 Native Title and Water ...... 34 4.9 Research...... 34 References ...... 35 Appendix 1: Project Brief ...... 37 Appendix 2: Schedule of Interviews...... 44

Acknowledgements

The following people are acknowledged for their contribution to this project: Graham Atkinson, Fay Carter, Ricky Nelson, Jason Nelson, John, Bobby Nicholls, Neville Atkinson, Jade Miller, Sandy Atkinson, Gary Murray, Margaret Gardiner, Tandy Annuscheit, Ernie Innes, Darren Perry, Nick Daniels, Mark Dugay-Grist, Rex Harridine, Ralph Harridine, Brendan Kennedy, Richard Kennedy, John Kennedy, Greg Kennedy, Debbie Chaplin Morgan, Jacinta Chaplin Morgan, Cain Chaplin Morgan, Mathew Stewart, Wayne Webster, Neville Wyman, Rose Kirby, Karen Kirby, Jane Ryan, Marlon Parsons, Ken Stewart, Mark Riley, Russell Worland, Deborah Blaber, Salina Bernard, Steven Ross, Roger Cook, Mick Harding, Petra Schell

5 1 Introduction

1.1 Background

The Department of Sustainability and Environment (DSE) is developing a Sustainable Water Strategy for the Northern Region of Victoria. The Northern Region Sustainable Water Strategy (NRSWS) examines risks that will affect water security across the region over the next 50 years. It will provide the direction and actions required to secure water supplies for homes, farms, businesses, industry and the environment. As part of the development of the NRSWS, DSE Office of Water is seeking community input on a range of options for managing the uncertainty of water security in the long term.

An important aspect of the community engagement process is to seek a better understanding of the value that Indigenous communities in the Northern Region place on water. DSE recognises that Victorian Indigenous people have for many thousands of years been involved in sustainable management of the land and waters of their Country. As Country is central to Indigenous peoples’ culture and identity, the health of waterways and the Country that is nurtured by that water, are areas of key cultural interest.

Building on the principles of the DSE Indigenous Partnership Framework that commits to greater involvement of Indigenous communities in the management of the natural environment, the DSE’s Office of Water is committed to engaging with Indigenous communities about future natural resource management initiatives, and in particular water management.

A study based on an analysis of the gaps in engagement with Indigenous communities in the Northern Region was completed as background to this investigation (Goulding et al 2008). It documented the many studies that have been undertaken in the Murray-Darling Basin that demonstrate the strong attachment Traditional Owners have to Country and the importance of water management to these groups in the Northern Region. The study identified the values and interests of Indigenous people in relation to water in the Northern Region and made recommendations for more thorough documentation of those interests.

1.2 Project Aims

This report presents the results of engagement with Traditional Owners in the Northern Region. It captures the Indigenous cultural values associated with water in the region and documents the issues and aspirations that surround water management for Indigenous communities. It also identifies strategies for improving recognition and participation of Traditional Owners in water management decisions.

The Project Brief (see Appendix 1) and discussions with the Project Manager (Jane Ryan, DSE) guided the development of study aims. The main tasks are to:

6 • Identify Traditional Owners in the Northern Region and develop an engagement strategy; • Provide Traditional Owners with information on the NRSWS; • Document Traditional Owner values, issues and aspirations in relation to water and its future management in the Northern Region; • Advise DSE Office of Water on ways of better integrating Traditional Owner interests in water management into the NRSWS and in ongoing management of water in the region.

This investigation follows directly on from the desktop review by Goulding et al (2008). Key studies and policy documents that informed the desktop review, and previously analysed by Goulding et al (2008), provided the foundations for the consultation programme and include the following:

Field Investigations/Workshop Proceedings

• Glenbar, William and Karen Milward. 2007. Report on the VEAC Indigenous Community Consultation Workshops

• Jackson, Sue (ed). 2006. Recognising and protecting Indigenous values in water resource management – a report from a workshop held at CSIRO in Darwin, NT 5-6 April 2006 . CSIRO Sustainable Ecosystems, Northern Territory.

• McFarlane, Bardy. 2004. The National Water Initiative and acknowledging indigenous interests in planning.

• Morgan, Monica, Lisa Strelein and Jessica Weir. 2004. Research Discussion Paper – Indigenous rights to water in the Murray Darling Basin . Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra.

• Murray Darling Basin Commission. 2003. Report to the Murray Darling Basion Commission – Indigenous response to the Living Murray Initiative .

• Victorian Catchment Management Council, 2006. A VCMC position/perspective paper on Indigenous engagement in Victoria. Victorian Catchment Management Council

• Weir, Jessica. 2006. Making the connection between water and sustaining Indigenous cultural life . Social and Institutional Research Programme

Policy Documents

• Department of Land and Water Conservation. 2000. Guidelines for assessing the impacts of water sharing plans on Aboriginal peoples – DLWC staff guidelines . Department of Land and Water Conservation, Sydney.

7

• Department of Sustainability and Environment. 2007. Indigenous partnership framework, 2007-2010

1.3 The Study Area

Figure 1 shows the study area in northern Victoria. Bordered to the south by the Great Dividing Range, the study area extends along the Murray River as far as the border with South Australia.

Figure 1: Northern Region Sustainable Water Strategy Study area.

8 1.4 Indigenous Community Engagement Methodology

The principal objective of this project was to engage directly with Traditional Owners and local Indigenous groups with interests in Country that falls within the Northern Region in order to seek their input into the NRSWS. Groups identified were contacted by phone and mail and follow-up calls were made to interview key community representatives. Interviews were conducted face-to-face and in most instances were conducted on Country. 1 Notes were taken at each meeting/interview and copies supplied to participants.

Engagement with each Traditional Owner group in order to seek input into the Northern Region Sustainable Water Strategy

Method: series of meetings with groups to: • provide information on “Our Water Our Future” and the NRSWS • identify opportunities for Indigenous input into water management • identify water related interests and opportunities

Principle Aim Subsidiary Outcome

Water related Identification of opportunities for Indigenous opportunities & peoples’ input into the government’s water aspirations not management strategy for the next 50 years directly linked to the NRSWS

Report on ways Indigenous values can be included in the NRSWS and future engagement with Indigenous people over water management strategies

Figure 2: Diagrammatic presentation of the project structure, aims and outcomes.

Figure 2 outlines the structure of this project, its aims and required outcomes. While the principal aim of this consultation programme was to integrate Indigenous peoples’ values and aspirations for water management into the NRSWS, it was recognised that a parallel

1 Up to $1,000 was made available to each group to facilitate participation in interviews.

9 outcome would be documentation of non-NRSWS opportunities that could be followed up alongside the development and implementation of the Strategy.

The following Traditional Owner groups, local Indigenous groups and representative bodies with interests across the Northern Region were invited to contribute to this project:

Ngintait People Dja Dja Wurrung People

Nyera Nyera People Yorta Yorta People

Latji Latji People Bangerang People

Tati Tati People Dhudoroa People

Wadi Wadi People Way Wuru People

Wamba Wamba People Taungurong People

Barapabarapa People Jarra Jarra People

Robinvale Aboriginal Corporation MLDRIN (Murray Lower Darling Region Indigenous Nations)

A list of interviews conducted with Traditional Owners, undertaken as part of this project, is provided in Appendix 2.

1.5 Report Format

The following sections of this report document the outcomes of the community engagement programme, which are broadly divided into the following themes:

• Water values, a description of Traditional Owners attachment to water and the values that they ascribe to water (Section 2) • Issues raised by Traditional Owners concerning water and their aspirations for its management (Section 3)

The final section (Section 4) presents directions for improved integration of Traditional Owner values and aspirations in water management in the Northern Region, including strategies for ongoing engagement with Indigenous stakeholders in the future.

10 2 What Water Means to Indigenous People

2.1 Introduction

The waterways in the Northern Region are pivotal to Indigenous peoples’ identity and sense of belonging. Indigenous communities in the region have a special connection to their Country and the health of waterways and the land that it waters are central to their cultural identity and aspirations. Water is a significant component in the Indigenous customary economy. It is the source of creation stories and cultural resources and carries with it a long tradition of cultural practice and history. The waterways are connected to totem species and important cultural places. Water is the source of life and regeneration and is therefore integral to sustaining Country. The flow of water is directly related to the integrity of cultural sites along the waterways and the sustenance and health of the natural environment, including culturally significant fish and bird species and plant foods and medicines. Water continues to hold great cultural significance to contemporary Indigenous communities in the Northern Region.

What follows is a discussion of the key water values identified by Aboriginal people interviewed for this project.

2.2 Water, Traditional Knowledge and Responsibility

Traditional Owners have a deep and abiding connection to their Country that was the Country of their ancestors. The arrival of European settlers in the Northern Region of Victoria in the late 1830s marked the beginning of a process of displacement for local Aboriginal people; the creation of large pastoral runs on Aboriginal Country that were largely incompatible with traditional life resulted in massive changes to the lives of its traditional inhabitants. People were moved off Country and social and cultural practice was undermined. This displacement, compounded by population loss from disease and violence, radically impacted on the rhythm of day-to-day life on Country. It meant that Aboriginal people’s capacity to continue to carry out traditional cultural practice and to meet their responsibilities for managing Country was in some circumstances thwarted and at best significantly compromised. This is the legacy inherited by present-day Indigenous communities in the Northern Region.

But while the practice of culture on Country has been disrupted over the past 180 years, many Aboriginal people have maintained their connection to Country and have continued to relate to Country as Traditional Owners. For some this means living on Country and knowing Country intimately. It has involved ongoing use of resources such as fishing and hunting, collecting bush foods, medicines and materials and enjoying Country by swimming in water holes and in rivers and camping. For others who do not live on Country, the connection can remain strong and is in no measure diminished by living away from Country.

11 Despite the effects of colonisation, Indigenous people have “In terms of our water rights as custodial responsibilities to manage and care for their Traditional Owners, we work on Traditional Estates; this responsibility was never the basis that we never gave up relinquished. Caring for Country practices take as a reference rights to land and water” point traditional cultural practices and underlying much of the way Aboriginal people approach Country rests on traditional owner responsibilities for Country. These responsibilities have been passed on from generation to generation and they cannot be broken – they are a given. Understanding Aboriginal people's perceptions about and aspirations for Caring for Country necessitates an understanding of the underlying structures of this practice.

2.3 Water: Identity and Belonging

Waterways and water bodies are integral to Indigenous peoples’ cultural identity. The way Indigenous people identify with Country “We are the traditional may have a range of dimensions. It is not just about knowing culture or owners and have long- just about practising culture; it is also about agency and having an standing connections to effect, about passing on cultural information and being active in the area. We have Traditional Country, about learning about Country and being in always had a sense of Country. belonging. We were born on the river. We Traditional Owner’s spoke of identifying with particular water courses lived on the river just as either as markers of social boundaries with other Traditional Owner our parents lived on the groups or as places where they have particular ties through family river” having once lived there or where they congregated for recreation or where they fish and gather bush foods. The cultural interest in the health of water shared by Indigenous people provides for a collective identity around the motif of water; it links people together across the vast Northern Region landscape and has the capacity to unite Traditional Owners.

2.4 Water: the Source of Life “Everything that happens on land revolves around water. This is the Traditional Owners interviewed spoke of water as the number one issue. Water dictates lifeblood of Country; it is the source of life and without it everything. Without water there is no life. Its value, therefore, is immeasurable because everything grinds to a halt” it is so essential to life.

2.5 Spiritual Aspects of Water

Traditional Aboriginal creation stories in the Northern Region are linked to significant “Cultural heritage is the whole manner of waterways. For example, the Murray Cod Dreaming life for our people; it is why our culture story celebrates the creation of the River Murray. existed. It sprang from water and from land. The waterways also sustain many important totem All our totem animals and related stories species that are highly significant to Traditional about ourselves come from water and land”

12 Owners. These totems connect people to Country and are a critical part of Aboriginal cultural belief. The spiritual importance of water to Traditional Owners in the Northern Region is underpinned by these links between Country and the ancestors. Respect for water equates with respect for the ancestors who once looked after it and whose lives depended on it.

2.6 Water and Ecosystems

In traditional times Aboriginal people owed their existence to a certain order of things, a Country that nurtured and fed itself and which “Our river is our operated according to its own natural rhythms within an intricate web of heritage. It is our eco-connectedness. Aboriginal people describe themselves as being highway and our “part of” this landscape as active agents in its upkeep and as guardians byway…The Murray of its soul. Country was created in the Dreaming and Aboriginal people River is like a tree – came from Country – from the earth. Thus Aboriginal people have the Murray is like the always seen themselves as one dimension of the whole that is Country. top of a tree and the other rivers and The premise of this relation is the recognition of the interdependence of people and the natural world. Unlike European settlers Aboriginal tributories are its branches” people did not impose on Country in a way that altered its equilibrium.

Instead of working on and taking from Country, Aboriginal people lived and worked with Country.

2.7 Water Linking Cultural Places

As water has woven its course over Traditional Aboriginal Country for many thousands of years, it has dictated to a large extent where Aboriginal “It’s not just the people have camped. The many Aboriginal archaeological places that exist Murray River that’s in the Northern Region are frequently connected to one another by water. important – it’s all of Similarly, other places of cultural value such as resource collection sites, our ancestral areas where turtles and crayfish were caught, fishing places and scarred waterways that trees where bark was retrieved for watercraft are all connected with water connect our cultural and water availability. Water is therefore integral to the way Traditional sites” Owners read their cultural landscape and manage their cultural places.

2.8 Water and Resources

By watering and nourishing Country, water is the life- giver that creates the many food, medicinal and material “Water is critical for balance. Alot of resources that Aboriginal people have used to survive for things are upset by water imbalance over 40,000 years. Aboriginal people in the Northern such as ducks, magpies. The Region still collect bush foods and fish in the rivers and environment dictated life the whole waterholes and collect materials to make cultural objects. time for Aboriginal people in the past. Adequate watering of Country is integral to the ongoing They had to think about the impact on opportunities for Aboriginal people to continue to access future use not just in the present” the resources of their Country.

13

2.9 Community Health, Well-being and Water

For Aboriginal people, health and wellbeing is directly linked to the health of their Country. Healthy waterways create healthy Country and reassure Traditional Owner’s that Country is being cared for. “Water is critical to the health of Having access to waterways for recreation, resources and country; and water improves the teaching culture keeps Indigenous families and communities health of our people” healthy and strong and contributes to their overall wellbeing. Bush foods have provided Indigenous people with a healthy diet for thousands of years. Present-day Indigenous people are vulnerable to diseases such as diabetes and heart disease that can be improved, if not prevented, by a healthy diet. Continued access to food from Country is very important in maintaining and improving Indigenous community health.

2.10 Water and Recreation

Indigenous people in the Northern Region have always used water for recreation and relaxation. Camping, fishing and swimming are all connected with water, which in turn improves the social connections between community members and their overall wellbeing.

2.11 Water and Teaching Cultural Practices

An integral part of maintaining a strong culture is the transmission of cultural practices and associated information to children and the younger generations. This is most effectively done on Country as it provides younger people with a direct, rather than abstract, experience of that cultural practice or teaching. Water is central to these cultural experiences as it generates the plants and wildlife that form the teaching tools and the landscape backdrop that forms the teaching “classroom”.

2.12 Memories and Water

For many Aboriginal people who have lived in the Northern Region, memories of family and friends and happy times “We often just go to look at the together, are often focussed around water. For contemporary water. When we are by the water Indigenous people, water bodies are often the markers of we talk about old stories. The river events in the past, of times gone by. These memories constitute strengthens you” an important part of Indigenous peoples’ identity as Traditional Owners and maintain their connections with Country.

2.13 Water and Social Connectedness

14 For millennia water has been the focus of group activities such as camping. Cultural heritage investigations in the Northern Region have revealed the presence of large archaeological sites adjacent to watercourses, where for thousands of years Aboriginal people have gathered together to eat and socialise. Present-day Aboriginal people speak fondly of camping around water with family and friends, a practice that many try to continue to this day.

15 3 Indigenous Peoples’ Issues and Aspirations in Relation to Water

3.1 Introduction

What follows is an exploration of the concerns raised by Indigenous people interviewed about water and water management in the Northern Region. As noted previously, Indigenous people in the Northern Region are very in tune with the state of their Country and the health of its waterways. The “As Traditional Owners, all of our communities consulted have strong views on what needs to be aspirations revolve around water” done to address their concerns about future water management and these are detailed below as aspirations. It should be borne in mind that each Traditional Owner group in the Northern Region has its own unique way of expressing its issues and concerns in relation to water. Nevertheless, there are a number key issues that were raised consistently by Traditional Owners in relation to the future of water management in the Northern Region that are highlighted below.

3.2 Country is Dying

The Indigenous group's consulted are painfully aware of the serious problems surrounding water and the health of Country in the Northern Region. Reduced rainfall and reduced watering of the natural environment has led to dramatic, and in some instances irreversible, changes to the integrity and health of Country. Waterways continue to dry up or receive insufficient watering and the negative effects on plants and wildlife is unprecedented. Many “Our Country is dying from lack of Aboriginal people interviewed spoke of how their Country is water. It needs to heal” dying from lack of water and the pain that this causes them as the Traditional custodians; entire ecosystems which are dependent on water for their diversity and their survival are either severely compromised or destroyed.

Many waterways are now silted up as a consequence of soil erosion affecting water flow that in turn reduces the viability of wildlife. One of the serious consequences of this degradation raised by those interviewed was the loss of habitat for totems. For example, favoured nesting sites of pelicans along the Murray River are dependant on sufficient water flow. If water flow diminishes there is less food available for the pelicans and their young, making breeding in those areas unviable. Many Indigenous people interviewed spoke of their strong attachment to their totems and their concern about their loss of habitat.

16 For Indigenous people there is an added poignancy to the degradation of the Country that links directly to the effects of “Two hundred years after European settlement. The unhealthy state of Country is viewed white settlement we are all by many as a physical manifestation of the effects of playing catch up. Conservation colonisation on their people and their culture. The effects of is good but we are trying to European land management practices and exploitation of conserve what has already resources is now etched in Country – poor water flow and been missed” quality, dying trees and struggling ecosystems are a visible tribute to a history that has not been kind to the land and its traditional occupants. In many ways then Aboriginal people draw a strong parallel between the effects of colonisation on their culture and society and its effects on Country. The two go hand in hand which partly explains the passion and devastation that Aboriginal people feel in relation to the water crisis.

Decisions that are made by Government agencies to limit water flow to particular rivers and wetlands were raised as a key concern by people interviewed. It was argued that the sacrifice of some water bodies for the benefit of others, when water is scarce, may be a pragmatic decision but it can have devastating cultural impacts for Indigenous people. Many Aboriginal people made a direct connection between the decisions to reduce or stop water flow to some water bodies and the decisions to allocate water for irrigation purposes; that one was being prioritised over the other and that this was because there would be significant economic and political implications for the Government if water allocations for irrigation were reduced.

Diminishing Natural Resources for Cultural Practice and Teaching: One of the key frustrations Aboriginal people identified was the detrimental effect that lack of water has had, and is having, on their ability to teach culture to their children. Waterholes, lakes and rivers where Elders were taught how to fish, hunt and gather bush foods by their Elders have in many instances dried up or are so compromised that the bush foods and materials can no longer be found there. As transmission of knowledge is the key to a healthy and vibrant culture, this loss of opportunity in the Northern Region is a serious concern.

Diminishing Access to Water A key aspiration for Aboriginal people is to have access to the waterways in their Country. However the water crisis has had a detrimental effect on Aboriginal people's capacity to maintain a direct connection with water. Creeks and swamps where people once visited are frequently dry these days; water holes in major waterways are silted up and fish, turtles, crayfish and other wildlife are no longer as available for hunting and for teaching children cultural practices. It is important for the well-being of Indigenous that they continue to have access to water for fishing, camping, teaching culture, recreation purposes or simply being “in Country”.

There is concern amongst people interviewed about the degradation of soils in the Northern Region. Several hundred years of overworking of the land combined with diminished rains and water flow has resulted in loss of topsoil that in turn limits the

17 capacity for plants to grow. These plants form the basis of the cultural economy of local Indigenous people who gather resources for food and for making cultural artefacts and objects. Loss of this resource, combined with the loss of land and water animals affects Traditional Owner capacity to Care for Country and care for culture.

Impact of Land Degradation on Cultural Places: Erosion of Country is also affecting the integrity of “Heritage investigations tend to be very the many thousands of cultural places in the focused on archaeological sites and yet all Northern Region. Drying out of waterways has led of Victoria is in fact a cultural place. The to loss of vegetation and erosion that in turn has community's way of thinking has been resulted in archaeological sites – including burials - altered by archaeologists. The whole Murray River is a cultural heritage place; if being exposed and eroding. There is no funding being put into stabilising these important cultural you move water out it impacts on cultural heritage” places which are in many instances very fragile and susceptible to erosion.

Aspiration: Improved Water Management

For Indigenous groups consulted, management of the water estate must be improved. Many Traditional Owners believe that in order for Country to start healing, priority should be given to the needs of the environment. While many people interviewed support environmental watering as a stop-gap measure, it was felt that this is really only a band-aid treatment for a system that is “Thought should have gone haemorrhaging. The systemic issues that have contributed to the into local knowledge. Water water crisis – poor planning and insufficient across agency and is big time in our lives” jurisdiction communication, inappropriate farming and irrigation practices, poor waterway management and unsustainable water allocations, to name a few – must be addressed now before it is too late.

For many Indigenous people, cultural watering – also known as cultural flow – is a more effective and responsible way of watering Country and sustaining its health. Cultural flow involves directing watering of Country to the right areas at the right time and at the right volume. It requires a complex understanding of the way Country “works” – its life- cycles, the location of animal breeding grounds, the effects that different water temperature and flow can have on wildlife and plant growth and the timing for flow that is most effective for the environment. Importantly, cultural watering reflects Indigenous peoples’ knowledge of where and when to water Country.

3.3 Lack of Indigenous Involvement in Managing Water

Indigenous people in the Northern Region argue that there has been a systemic lack of respect paid to the depth of Traditional Owner knowledge by natural resource managers. This lack of attention has meant that the land and water management knowledge of Indigenous people has not been adequately tapped into and the benefits to Country lost. Indigenous people are advocates of Country because Country is part of them and their culture. To this end, many Indigenous people interviewed expressed the view that

18 Country needs their advocacy if it is going to survive. “We have managed to land before The point was made that the bottom line for many as Traditional Owners – this was Aboriginal people is to ensure that Country is healthy; when we didn't have over this means that they are not compromised by economic or population and there were no political agendas. endangered species because we would protect the endangered Indigenous people interviewed expressed the view that species and manage the catchment management needs to be improved by the environment… Traditional cultural integration of their knowledge of Country and how best people were environmental to manage it. This cultural knowledge has developed over managers, into biodiversity, many thousands of years and is therefore unique to the looked after flora and fauna, Traditional Owners in the Northern Region. At the same looked after the water, had fire time, use of cultural ecological knowledge must be management plans. Traditional balanced against the need for Indigenous communities to Aboriginal people were better land maintain intellectual ownership of their knowledge. managers that those today”

This lack of involvement also has the effect of limiting Indigenous peoples’ understanding and perceptions about “We need the capacity to manage how land and water management agencies operate and water…What was taken away with how they make decisions that affect their Country. Many colonisation was self- Aboriginal people constantly feel in the dark about what sufficiency…All this affects decisions are being made for their Country and the Aboriginal people. We used to reasoning behind those decisions. Traditional Owners have a proud sustainable life; we therefore frequently feel frustrated and disempowered in used to look after everyone” relation to management of water.

There are currently limited opportunities for Indigenous people to be active in managing water in the Northern Region. Where those opportunities do exist – for example, as employees of the Catchment Management Authorities or as participants on committees such as MLDRIN – they are highly valued.

Currently, where Indigenous people are consulted about water management, it is rarely at the stage where policy is being conceived or where planning decisions are being made. If input is sought at all, it frequently occurs at the point where the overarching framework and directions have already been set without the input of Traditional Owners.

Many people interviewed believe that effective involvement of Indigenous people in water and land management is dependant on their being employed and engaged on many different levels; from working on the ground through to holding senior management positions, by participating in local and regional groups, and by educating non-Indigenous agencies about Indigenous culture and heritage.

Aspiration: Being Active Participants in Managing Water

Indigenous groups in the Northern Region aspire to be involved in all aspects of water management. This includes decisions that are made about repairing the damage that has

19 occurred on Country and about strategies for preventing continued degradation into the future. Aboriginal people want to be involved in the full spectrum of water management practices – from policy development and planning decisions to the operational processes that involve on the ground activities that manage water directly.

Co-management arrangements between State land and water management agencies and Traditional Owners were “It's not about owning land it's proposed by many of those interviewed as a way of about having people trained up to facilitating Indigenous input into decisions made about manage water. If you're serious management of Country. The Yorta Yorta Co-operative about this ownership alone isnt Management Agreement is one example of Traditional enough. You need to have the Owners working directly with the State Government to skills to manage Country” plan for and implement strategies to manage their Country (see discussion in Section 4 below). Representative bodies, such as MLDRIN, that bring Indigenous people together to engage with land and water management and which have the potential to influence government policy and land and water management processes, were also highlighted by some Traditional Owners as an effective way of improving the involvement of Indigenous people in future water management decisions.

Aboriginal people consulted asserted that engagement with Traditional Owners about water management must be premised on recognition of their substantive and procedural rights to be involved in decision-making that can affect their Country. This assertion is underpinned by the fact that their right to speak for Country was never relinquished.

Traditional Owners have an intimate knowledge of Country and a unique capacity to understand the needs of “In terms of managing Country Country. Many Traditional Owners want the opportunity into the future there needs to be a to share this knowledge in order to benefit Country lot of talk with Traditional Owners through effective land and water management practices. Instead of just focusing on At the same time, it is critical that Indigenous people knowledge per se in an ad hoc have the opportunity to access information and training approach you need to have an with which to engage with land and water management overall view of how to plan the agencies on an equal footing. An important avenue for managing country Indigenous people to contribute to improved management And critical to this is having a of water is through their employment in land and water vision of what you want to achieve” management agencies. Indigenous people consulted highlighted the need for employment opportunities at all levels of planning and operational levels in land and water management agencies. It was also recognised that this would only happen if resources were put into developing educational and training opportunities for Indigenous people.

3.4 Inappropriate Land and Water Management Practices

Split between Land and Water:

20 Aboriginal people in the Northern Region “There is an Ibis rookery way up in the red are highly critical of the way that land and gum forest in a good wetland. Someone from water have been managed in the past. One of Governmen said to let water in to the area. the chief criticisms is that for too long The ibis chicks were a month away from flying. “land” and “water” have been managed But because of the water the parents flew separately. A lack of understanding by away and the chicks died. The stench of dead natural resource managers of the animals was awful. When man changes interconnectedness and the interdependence environment you cant explain it to animals ” of water and land has led to short sighted and uninformed decisions that have been detrimental to Country.

Indigenous people traditionally managed Country through a holistic approach that treated land and water as one. Management of resources ensured survival of those living in Country. Colonisation and its disruption of traditional cultural practice introduced new land uses and ultimately a new land management regime that undermined traditional management practices. The environmental degradation and diminishing resources that have ensued are of great concern to Traditional Owners.

Uninformed Watering Decisions: Traditional Owners believe that the decisions about water allocation in the past have privileged private landholders to the detriment of the environment. Decisions not to water creeks and water “We are very cynical about water bodies have been made without enough local trading…It's not right to put the community consultation. Some of these places have tradable commodity tag on water. very important cultural meaning to traditional owners Water is a lifeline and is not and decisions not to water them therefore have tradable. For our traditional significant cultural implications. ancestors water was like their blood” Poor Inter & Intra Agency Water Management: There was a prevailing view amongst interviewees that poor co-ordination between natural resource management agencies within Victoria and between the State and Commonwealth has contributed to the current water crisis. This is in part a legacy of the land/water split that has dominated natural resource management in Victoria (see discussion above). Interviewees argued that where policy has not been co-ordinated, agencies have made decisions that are counter-productive to management of all environmental values, including water. Also, the fact that the Murray River is a State boundary, has compounded the lack of co-ordinated management of the river system.

Lack of co-ordination between natural resource management agencies has also meant that they have been less effective in managing the environment. Many Indigenous people interviewed recognise the importance of maximising the effect of limited resources for improved management of water.

Inappropriate Land and Water Use:

21 Traditional Owners interviewed drew attention to the disastrous impact that European settlement has had on the environment. Land clearance and associated erosion of topsoils, unsustainable water consumption and planting of crops that require large amounts of water from the river systems are some examples of the way Aboriginal Country has been inappropriately treated over the years. The impact of water consumption for irrigation was highlighted as a key concern for people interviewed. At the same time, it was argued that water flow occurs at a time that favours land owners but which does not necessarily benefit the natural “Environmental flows are key to environment. the health of Country. There is an urgent need to get water Traditional Owners stressed that past decisions about water back to its natural state” use and management have tended to be parochial and locally or issue-based focussed without taking into consideration the effect on the system as a whole. All decisions relating to water have implications downstream and yet these implications have for too long been ignored by land and water managers.

Many Traditional Owners interviewed highlighted water allocations – and the view that for too long there has been over allocation of water for irrigation – as an example of the inappropriate decisions that have been, and continue to be made, in relation to water management.

Some Traditional Owners are critical of water trading as a tool for managing water. They argue that the thinking behind commoditisation of water – that it can be bought and sold and therefore controlled – has contributed to the current water crisis.

Aspiration: Improved Land and Water Management Practices

For Indigenous groups consulted, there need to be substantial changes to the management of the water estate. The systemic issues that have contributed to the water crisis – poor planning and across agency and jurisdiction communication, inappropriate farming and irrigation practices, poor waterway management and unsustainable water allocations, to name a few – must be addressed now before it is too late.

Many Traditional Owners interviewed believe that a holistic approach to management of Country is critical to its long-term health and survival. The NRSWS is viewed as an opportunity to improve inter and intra agency co-ordination so that water and land are managed as an inter-dependant natural resource. It was also recognised that the role of the Murray-Darling Basin Authority (formerly the Murray-Darling Basin Commission) is critical to ensure that there is integrated planning and management of water beyond the boundaries of Victoria.

Traditional Owners believe that in order for Country to start healing, priority should be given to the needs of the environment. Many people interviewed support environmental watering and the benefits it can bring to areas previously impacted by erratic or reduced water flow. The watering of the Hattah Lakes was described by Traditional Owners as an example of watering targeted at achieving environmental rather than commercial or

22 irrigation benefits (see Case Study below). Other Traditional Owners believe that the environmental watering “Cultural flows are a means of aimed at icon sites is really only a short-term solution to a maintaining the physical and long-term problem. spiritual side of our well-being for our country; it's also about our For many Indigenous people, cultural watering is a economy and trade. It arises out of preferable way of watering Country and sustaining its our rights to water and our well- health. By definition, cultural flow is an inherently cultural being is inseparable from water practice, drawing on the knowledge of Indigenous people and habitat” and reflecting what they argue is their cultural right to direct and manage water flow. Cultural watering takes into consideration the entire ecosystem; animals, plants and insects all benefit from cultural flows which are timed for optimal benefit to Country.

3.5 Lack of Resources & Opportunity to Engage in Water Management

Lack of Effective Dialogue with Natural Resource Managers There was consensus amongst traditional owners interviewed that Country in the Northern Region is “broken” and in need of urgent repair. Similarly, Aboriginal peoples’ “There are huge demands on Traditional culture and their capacity to care for Country Owners. As Traditional Owners we have to has been compromised by European deal with many different issues such as natural settlement. In order for Aboriginal people to resource management, land agreements, once again be active agents in natural resource litigation, native title and heritage management, the disconnection and management and yet we are not resourced. disempowerment experienced by them since Funding would assist with participation and colonisation must be repaired. There is an decision-making. There is expectation of urgent need to transform the disconnect ongoing involvement of Indigenous people by between the knowledge of Aboriginal people land managers such as CMAs but that will have and the decisions of government agencies that an ongoing cost” currently have the mandate and resources to care for Country.

Lack of opportunity has led to a situation where “We are usually consulted at the end of Aboriginal people in the Northern Region are rarely a process or at the start of processes and in a position to influence land and water then it drops off. We are cautious about management agendas. This lack of agency is a opening up to people; they use our constant source of frustration for Aboriginal people information” who were interviewed. While they are frequently “consulted” about strategic natural resource “When land management ideas and management initiatives, Indigenous people believe issues come along Traditional Owners that they are still reacting to other people's agendas are not really involved in how land rather than creating their own. Under these should be managed and then later down circumstances it is difficult to respond in a way that the track the government realises that they didn’t know what they were doing”

23 satisfies these agendas because there is little ownership of the process and often limited capacity to respond. It also means that Aboriginal people spend much of their time putting their energy and limited resources into priorities that might be valued by others but not necessarily by them. By reacting to processes that require their input, Aboriginal people rarely find themselves in a position where they are setting the agenda. There is rarely time and resources for them to provide adequate input. Despite the best intentions of government agencies and consultants, consultation can easily become tokenistic rather than realistic.

Lack of Resources to Engage in Water Management It is simply not possible to effect change and to participate equally in partnership with government in managing water without “Indigenous groups resources that provide capacity. This is not a passive process but should be getting more as a catalyst of change; capacity means many different things funding from the to different Aboriginal people and groups. It is particular to each water budget so that group. For some groups training is very important, for others we can work with having a seat at a decision-making table is a priority. But there is a water managers” significant absence of baseline capacity amongst most of the groups consulted. Without appropriate resourcing of traditional owners groups they will not have the capacity to engage with and effect change in water and land management processes.

Aspiration: Resourcing & Opportunity to Engage in Water Management

Each Traditional Owner group requires substantial funding in order to care for Country. Baseline resourcing includes access to an office, telecommunications, vehicles and information resources. Recurrent funding would be required until a level of sustainability can be achieved.

Capacity building should not be thought of as a simple and “There is a need for local groups, linear process. Instead it is an organic process that is backed up by regional bodies with dependent on many factors. For example, funding will not a statewide body backing it up. produce capacity unless there is a plan around how to spend There needs to be funding for that money so that it provides the foundation for growth, infrastructure that will support security and agency within a community. Development of Traditional Owners such as a capacity can be contingent on having leadership within a building for offices and meetings” community, good governance and adaptability.

The groups interviewed would welcome formal and informal forums with Government agencies involved in natural resource management. “We need to have There are currently limited opportunities for Indigenous people to be meaningful training – not just as rangers but across the wide range of Government policies and activities that affect also in areas such as water management. A key part of having a successful dialogue is for hydrology” Indigenous people to have a sound understanding of how water and land management agencies operate. Informed dialogue will empower Indigenous people in determining the decisions and outcomes of engagement with natural

24 resource managers. Information and decision-making forums and employment and training opportunities will comprise essential elements of a successful engagement process between land and water managers and Traditional Owners. Indigenous people must be resourced to participate in meeting and training processes.

3.6 Lack of Research into Traditional Owner Knowledge of Country

There has been a distinct lack of research into Traditional “The way that watering occurs at Owner knowledge about Country and how best to manage it. the moment isn't very culturally Indigenous people have culturally specific expertise in sensitive. For example if we want understanding the interconnectedness of the different to harvest mussels, the way the elements of the natural world. This cultural ecological water is released out of the dams knowledge expertise is invaluable and many Indigenous is from the bottom where it is people interviewed are frustrated that this knowledge is not freezing cold which is not at the valued by natural resource managers. temperature to stimulate breeding - this impacts on our livelihood At the same time, Indigenous communities do not currently and our economy. Things like this have the resources to pull together this information in ways impact on our health and well- that will facilitate its integration into land management being, on our traditional customs practices. Several groups interviewed stated that they would and our human-rights” like to develop Country Plans or resources of a similar nature that will empower them as a community to be proactive rather than reactive in relation to the application of this knowledge in the management of Country.

The deep connection between Aboriginal people and water in the Northern Region is not well understood by the wider community. This connection and the knowledge of natural resource “We look at the he alth of the river management that underpins it is very valuable not only when we visit. Look at the changes to Traditional Owners but also the community at large in flow, levels and what’s going on that is grappling with the degradation of the with animals. We are also looking at environment in which they live and upon which they the bush, seeing the changes” depend. Water management agencies in the Northern region would also benefit from a greater awareness of Indigenous culture and natural resource management knowledge.

Aspiration: Recognising and Applying Indigenous Cultural Ecological Knowledge

Many Traditional Owners interviewed aspire to applying “People have difficulties with their knowledge of Country to its future management. understanding the spiritual side of Specifically, funding for Traditional Owners to develop things in terms of traditional their own body of knowledge from which they can draw owners and their country people when required would empower Indigenous groups to be don't understand how you feel able to: formulate their own positions on important about the land” environmental matters; initiate dialogue and actions with

25 relevant stakeholder groups; and respond effectively to enquiries or requests for input on environmental management issues and initiatives.

Acknowledgement of Aboriginal peoples’ interests in water by natural resource management agencies in the form of educational information would assist in educating the wider community about the unique knowledge and contribution of Traditional Owners in relation to management of land and water in the Northern Region.

26 4 Ongoing Involvement of Indigenous People in Water Management

4.1 Introduction

This engagement programme has demonstrated the strong attachments that Traditional Owners in the Northern Region have to water. Water is a fundamental, life-giving source that is at the heart of Indigenous culture in the region. Without water there is no life and no Country and Traditional Owners assert their right and their responsibility to be actively involved in its management. Traditional Owners in the Northern Region study area emphasised that they possess inherent rights and interests in relation to water. These rights and interests arise out of their ownership of Country and custodial responsibilities that have been inherited from their ancestors.

Indigenous people have distinct cultural perspectives on water and water management. These interests are enshrined in cultural rights and responsibilities that require greater acknowledgement. Indigenous people aspire to be more involved in water resource decisions and water management processes through the development of stronger partnerships with government agencies and other stakeholder groups. The development of water policy should identify, acknowledge and incorporate the interests and knowledge of Indigenous people and resource Indigenous people to ensure that they have the capacity to engage in meaningful ways in water policy development and implementation (see Table 1 for clauses in the Water Act 2007 (Commonwealth) that relate to Indigenous interests). Water policy should also recognise the capacity of Traditional Owner groups in the Northern Region to carry out important cultural heritage management functions as Registered Aboriginal Parties (RAP) under the Aboriginal Heritage Act 2006.

It is critical that Traditional Owners have the capacity to become involved in planning and ongoing decision-making processes relating to the management of water in the Northern Region. Consultation for the NRSWS has reinforced that Traditional Owners must have the opportunity to participate equally in decisions about water and other land management initiatives. The following recommendations are designed to achieve this:

4.2 Resourcing Traditional Owners

Funding

Traditional Owners have consistently pointed out that their capacity to participate in decision-making and information exchange in relation to land management processes that affect their Country is severely undermined by a lack of resources. The capacity of Indigenous people to be involved in informed decision-making processes is dependant on their having the infrastructure, finances, information and time to engage with the issues at hand and to respond accordingly.

27 Water Act 2007 (Com monwealth) - Clauses relating to Indigenous people in the development of a Basin Plan

Section 21 General basis on which Basin Plan to be developed …Basis on which Basin Plan to be developed (4) Subject to subsections (1), (2) and (3), the Authority and the Minister must, in exercising their powers and performing their functions under this Division: … (v) social, cultural, Indigenous and other public benefit issues.

Section 22 Content of Basin Plan

Mandatory content of Basin Plan

(1) The Basin Plan must include the matters set out in the following table:

Mandatory content of Basin Plan Item Matter to be included Specific requirements 1 A description of the Basin water The description must include resources and the context in which information about: those resources are used. …(b) the uses to which the Basin water resources are put (including by Indigenous people)…

Schedule 3—Basin water market and trading objectives and principles

…4 Basin water market and trading principles …(4) Restrictions on extraction, diversion or use of water resulting from trade can only be used to manage: …(e) features of major indigenous, cultural heritage or spiritual significance.

Table 1

Most Traditional Owner organisations in the Northern region do not have adequate funding to create the organisational structures necessary participate equally in planning and management processes associated with water management. Funding is required to establish viable and effective organisations that can respond to, and facilitate, engagement with government decision-makers. Fundamental to this, is having the resources to facilitate meetings where members can participate in informed consent processes.

In addition, there needs to be consistency in payments made to Traditional Owners when they are consulted about water management. Fees for time and mileage are key elements of ongoing resourcing of Indigenous people.

28

Economic Development

Indigenous people in the Northern Region recognise the importance of economic development as a means of improving the lives of their community. Economic development is also central to each Traditional Owner groups’ capacity to participate in the development of major strategic processes that can affect “Developing economic and business their Country. strategy is a way into these types of

issues such as irrigation. Our interest Water rights have the capacity to generate income for is holistic but we may have an Traditional Owner groups in the region as well as cultural aspiration for an economic and environmental outcomes. While there are no new water enterprise that involves a natural allocations planned in the current environment, opportunities resource that water is critical to. for Indigenous people to own water allocations can be sought From a traditional cultural via land purchases where those allocations already exist. perspective we want to develop economic enterprises and this may Many Traditional Owners have unique and invaluable skills require water allocations” in land management. Opportunities should be sought to contract Traditional Owners in water management activities.

Land Ownership

Currently, Traditional Owners in the Northern Region study area own only a very small percentage of their traditional lands. Many Traditional Owners aspire to owning more of their Country. Hand-back lease-back arrangements and outright land ownership can benefit Traditional Owners in the following ways:

1. it represents compensation and retribution for the loss of Country following settlement. 2. land transferred to Traditional Owner groups can have a water entitlement attached, thus giving the group the opportunity to be an active participant in environmental watering. 3. as a lease-holder of land owner, the Traditional Owner group would have more direct say in the management of the property.

Opportunities should be sought to purchase land for Indigenous groups that can bring economic, social and environmental benefits.

Developing Capacity to Respond

The capacity of Traditional Owner groups to effectively engage with land management processes is also dependant on their access to information and on their ability to process that information in order to make informed decisions.

There is a need to create improved communication pathways between land management agencies and Traditional Owner groups. The introduction of information exchange

29 forums, designed to facilitate contact and information sharing between Traditional Owners and land management agencies is one such strategy that would improve information flow. Information exchange forums would assist Indigenous groups to navigate the often complex bureaucratic structures associated with land management agencies and provide them with a better understanding about the roles and responsibilities of agencies and information on the activities and planning being undertaken by these agencies.

In addition to these more informal forums, Traditional Owners want more formalised processes and structures in place for clear decision-making (see discussion below).

In order for Indigenous people to have fully informed input into the development of water management strategies and programs, there is a need for greater professional and skills development within Traditional Owner groups. Traineeships and scholarships related to water management are two options that have been identified by Traditional Owners in the Northern Region. Increased employment of Traditional Owners in water management agencies and further professional development and training of those already employed have also been identified as important areas to develop.

4.3 Developing Participatory Processes with Traditional Owners

For Traditional Owners in the Northern region, the key to influencing decisions made about water and land management lies in establishing connections with those land management bodies dealing directly with the day to day management of natural resources – and finding a way to influence those decisions. This is a difficult and challenging path for many Traditional Owner groups who have minimal resources and significant demands on their time. Indigenous groups are very used to being consulted about government initiatives and they are constantly reacting to requests for their input, knowledge and time. Conversely, there are limited opportunities for Traditional Owners to drive the agenda around land management and therefore to influence how that management occurs.

Strategic Regional Approaches

A number of important initiatives that are in place in the Northern region provide Traditional Owners with a voice in strategic water management processes:

• Murray Lower Darling Region Indigenous Nations (MLDRIN) • The Living Murray’s Indigenous Partnerships Project (IPP)

These programmes emphasise the need for co-ordinated and representative engagement of Traditional Owners.

Murray Lower Darling Region Indigenous Nations (MLDRIN)

The Murray Lower Darling Rivers Indigenous Nations (MLDRIN) represents traditional owners in the lower southern part of the Murray Darling Basin. The group compromises

30 members of the Wiradjuri, Yorta Yorta, Taungurung, Barapa Barapa, Wamba Wamba, Mutti Mutti, Wadi Wadi, Latji Latji, Werigaia and Ngarrindjeri Nations. Participants in MLDRIN have the opportunity to meet regularly to exchange information and to develop joint positions on important natural resource management issues. Management of water is a key interest of the group.

The coalition facilitates participation of the Traditional Owner groups represented across all levels of government in relation to natural resource management decisions. It develops a collective response to the cultural, social and economic impacts of development on Indigenous traditional Country and advocates for the rights and interests of their members’ traditional Country and people. Some Traditional Owner groups who are not currently represented on MLDRIN have stated that they want to join to ensure that is represents all Traditional Owners in the Murray Lower Darling region.

Living Murray’s Indigenous Partnerships Project (IPP)

The Living Murray’s Indigenous Partnerships Project (IPP) is an initiative of the Murray- Darling Basin Commission’s The Living Murray program, developed in conjunction with MLDRIN. Premised on recognition of Indigenous people's spiritual and cultural connection to Country and their aspirations to be actively involved in managing their Country, the program actively seeks Indigenous peoples’ input into the environmental management plans at icon sites. Local Indigenous facilitators are employed at each of the icon sites to work with their communities on water and land management (see Case Study).

Yorta Yorta Co-operative Management Agreement – A Model

In 2004 the Yorta Yorta Co-operative Management Agreement was signed between the Victorian State government and Yorta Yorta Nation Aboriginal Corporation (YYNAC). This agreement established a formal role for the Yorta Yorta peoples in management of approximately 50,000 hectares of Crown land and waters. Significantly, this agreement recognises the responsibilities of the Yorta Yorta peoples, under traditional law, to protect and manage their traditional Country. An eight member committee known as the Yorta Yorta Joint Body, comprising a majority of Yorta Yorta people as well as members of land management agencies, constitutes the forum where information and ideas are exchanged, and where management recommendations relating to land and water are proposed. These recommendations are made directly to the Minister for Environment.

The success of this approach lies in the partnership between the Yorta Yorta Peoples and the State that is founded on mutual respect and the shared goal of good land management. For the Yorta Yorta people, the agreement recognises their traditional rights to care for Country and provides a forum within which they are equal partners at the table when planning for natural resource management initiatives and activities.

Barmah National Park – Co-management Opportunity for Yorta Yorta Peoples

31 The State Government’s recent announcement of the creation of four new National Parks along the Murray River brings with it a significant opportunity for the Yorta Yorta peoples who will co-manage two parks – at Barmah and Nyah-Vinifera – with majority Indigenous membership on the National Park boards of management. This membership recognises the aspirations of the Yorta Yorta to co-manage public land on their Country and provides them with the opportunity to participate more directly than before in land management decisions in those Parks.

Many Traditional Owners in the Northern Region aspire to being involved in co- management arrangements on their Country in the future. The State Government is currently considering a new framework proposed by the Land Justice Group that would lower the threshold for native title claims and allow traditional owners to apply directly to the State Government to jointly manage Crown land. Co-management represents a significant opportunity for Traditional Owners to directly affect management of natural resources such as water at a local level. 4.4 Employment of Traditional Owners in Land & Water Management Agencies

Other initiatives include the employment of Indigenous staff in important facilitator positions within land management agencies. These facilitators play in important role in making connections with local Indigenous communities, seeking community input into strategies and projects and sharing information about the processes and management objectives of the land management agency they work for.

There is a need to provide more training/learning and employment opportunities for Traditional Owners in a variety of positions within land management agencies, from entry-level positions to senior management positions.

4.5 Integrated Management of Water and Land

Historically, land and water have been managed as separate entities rather than as two parts of an integrated and inter-dependant environmental system. Traditional Owners recognise the symbiotic relationship between land and water and the importance of managing one in the context of the other. To this end, decisions about water management should be made in the context of the effects on land, including flora and fauna – and vice versa.

Management of natural values should be undertaken within a landscape context with attention to the links between all aspects of the natural world. Natural resource management agencies should also take into consideration the cultural values ascribed to the Country that will be affected by management decisions.

4.6 Water Allocations for Cultural Flow

32 Many Traditional Owners advocate cultural flow allocations in addition to environmental flows. Provision should be made for cultural water in any new allocations made in the Northern Region:

“Cultural Flows” are water entitlements that are legally and beneficially owned by the Indigenous Nations of a sufficient and adequate quantity and quality to improve the spiritual, cultural, environmental, social and economic conditions of those Indigenous Nations” (MLDRIN Cultural Flows Discussion Paper, nd.)

As noted previously, cultural flow involves Indigenous people deciding on where the water is delivered and when it is delivered as part of the cultural flows decision-making process. This is based on traditional and contemporary knowledge and the aspirations of Traditional Owners to care for Country as they see fit.

The Living Murray’s Indigenous Partnerships Project (IPP) is an important initiative of the Murray-Darling Basin Commission, developed in conjunction with Murray Lower Darling Region Indigenous Nations (MLDRIN). One of the main objectives of the IPP has been the development and implementation of environmental watering plans for six icon sites in the region. These sites were chosen for their high ecological value and their cultural significance to Indigenous people. Indigenous people have the opportunity to have direct input into the management decisions made for these sites. Indigenous facilitators work closely with local Indigenous people to document their values and aspirations for management of each icon site. An important related initiative is the “Use and Occupancy” cultural mapping project. This project aims to identify and record the spiritual, cultural, environmental, social and economic interests of Indigenous people for each icon site. By documenting Indigenous people's contemporary connections to Country, these values can be considered in the development of icon site management activities, including the development of environmental watering plans and management of heritage places.

4.7 Managing Cultural Heritage Places

As natural values are essentially cultural values, all aspects of water and land management have the potential to impact on cultural heritage places in the Northern Region. These can include tangible cultural remains of past human activity, such as archaeological sites, as well as story places, flora and fauna and natural phenomenon such as water bodies. It is critical, therefore, that Traditional Owners are involved in decision-making processes or investigations that might impact on their cultural values. This is further supported by the requirements of the Aboriginal Heritage Act 2006 that can make it mandatory to conduct a Cultural Heritage Management Plan (CHMP) when carrying out certain activities or to seek a Cultural Heritage Permit (CHP) if a known Aboriginal cultural place may be harmed by an activity. RAPs play a pivotal function in the administering of this Act.

In addition, land degradation from farming and drought can cause erosion of soil deposits and this in turn can impact on the integrity of some cultural places. Stabilisation of

33 significant cultural places should be part of all land and water management planning processes.

4.8 Native Title and Water

Native title refers to the rights and interests of Traditional Owners in relation to land and waters. The Native Title Act 1994 provides registered native title applicants with rights to be consulted over developments on their claimed country. Changes to water tenure may result in claims for compensation from registered native title claimants.

An important part of the Native Title Act is the Indigenous Land Use Agreements (ILUAs). Made outside of the court process by mutual agreement between the parties, ILUAs can provide significant benefits to Traditional Owners including have a say in land management, creation of employment, recognition and access to country.

In June 2009 the State Government formerly announced the introduction of the Victorian Native Title Settlement Framework. This Framework aims to provide a clear process by which Traditional Owners and the State Government can settle land justice claims through out of court settlements. An underlying principle of the process is to build stronger partnerships between Government and Traditional Owner groups that will improve management of Country.

4.9 Research

It was recognised at the outset of this project that detailed values documentation, including cultural mapping, would not be a direct outcome of the consultation process. However, many people consulted spoke of their interest in drawing together their community cultural knowledge in a format that suits their community needs and which could facilitate their engagement with natural resource managers on an ongoing basis. As part of the baseline resourcing of Traditional Owner groups, consideration should be given funding for Country Plans or cultural information gathering processes to empower groups in their engagement with future water management.

34

Case Study Hattah Lakes Environmental Watering The Hattah Lakes situated in the Hattah-Kulkyne National Park on the Murray River between Mildura and Robinvale is a unique system of 17 semi-permanent freshwater lakes. The Hattah Lakes are listed as internationally significant wetlands under the Ramsar Convention.

For thousands of year the Nyeri Nyeri and Latji Latji People and visiting Indigenous groups have camped at this special place. The archaeological remains of these camps and resource-collection strategies are found around the entire lakes system. Contemporary Traditional Owners have strong cultural attachments to the Hattah Lakes landscape.

In 2003 the Hattah Lakes were identified as an icon site under the Murray Darling Basin Commission Living Murray initiative. Since the late 1990s the Hattah Lakes system has not experienced the natural flow of floodwaters from the River Murray. This in turn has taken its toll on the Hattah Lakes flora and fauna. To address this an initiative of providing environmental flow to the lakes system was developed.

In 2005 the Victorian Government made available water from its 27600 megalitre Murray Flora and Fauna entitlement in a trial project that measured the effects of watering on stressed River Red Gums and other ecological values of the Hattah system. Water was pumped into the Chalka Creek and by end of 2006 nine lakes in the system had received water. This constitutes one of the worlds most significant river restoration projects.

The environmental watering initiative has seen the return of fish, birds and other wildlife, including the iconic Murray Cod to the Hattah Lakes system. Consultation and engagement with the Traditional Owners and other local Indigenous communities ensured that their values and aspirations for the Hattah Lakes were acknowledged and addressed by improving the biodiversity values of the Hattah Lakes system with watering.

References

Department of Land and Water Conservation. 2000. Guidelines for assessing the impacts of water sharing plans on Aboriginal peoples – DLWC staff guidelines . Department of Land and Water Conservation, Sydney.

Department of Sustainability and Environment. 2007. Indigenous partnership framework, 2007-2010.

35

Glenbar, William and Karen Milward. 2007. Report on the VEAC Indigenous Community Consultation Workshops.

Goulding, Megan, Petra Schell & Melinda Albrecht. 2008. NRSWS Indigenous Cultural Values Assessment: Gaps Analysis. A report to the Office of Water, Department of Sustainability and Environment.

Jackson, Sue (ed). 2006. Recognising and protecting Indigenous values in water resource management – a report from a workshop held at CSIRO in Darwin, NT 5-6 April 2006 . CSIRO Sustainable Ecosystems, Northern Territory.

McFarlane, Bardy. 2004. The National Water Initiative and acknowledging indigenous interests in planning.

Morgan, Monica, Lisa Strelein and Jessica Weir. 2004. Research Discussion Paper – Indigenous rights to water in the Murray Darling Basin . Australian Institute of Aboriginal and Torres Strait Islander Studies, Canberra.

Murray Darling Basin Commission. 2003. Report to the Murray Darling Basin Commission – Indigenous response to the Living Murray Initiative .

Victorian Catchment Management Council, 2006. A VCMC position/perspective paper on Indigenous engagement in Victoria. Victorian Catchment Management Council.

Weir, Jessica. 2006. Making the connection between water and sustaining Indigenous cultural life . Social and Institutional Research Programme.

36 Appendix 1: Project Brief

Department of Sustainability and Environment

REQUEST FOR QUOTE

Northern Region Sustainable Water Strategy - Indigenous Engagement

Office of Water

February 2008

PROPRIETY NOTICE

This document which is commercial in confidence represents DSE’s requirements as at the date of preparation. These requirements may vary from time to time and DSE reserves the right to alter the specifications set out in this document accordingly. This document contains material, which is the propriety information of DSE. No part of this

37

Indigenous Engagement

1. Purpose The purpose of this Request for Quote (RFP) is to seek the services of a suitably qualified consultant to assist DSE in engaging with northern Victorian Traditional Owner groups and other indigenous communities to provide appropriate input into the Northern Region Sustainable Water Strategy.

2. Background/Context

Sustainable Water Strategies Sustainable Water Strategies are required to be developed under the White Paper for Water Our Water Our Future (2004). They provide the direction and actions required to secure water supplies for homes, farms, businesses, industry and the environment for the next 50 years. The first strategy was released in October 2006 and covers the central region.

The second strategy currently under development covers the northern region of Victoria. The Northern Region SWS outlines how climate change and other risks will affect water security across the region over the next 50 years and seeks community feedback on a range of options for managing this uncertainty. Engagement Approach The Northern Region Sustainable Water Strategy (SWS) is an engagement process for the Government to present a clear, compelling picture of water resource management in the Northern Region that is regionally relevant and can be implemented. Through this common understanding, the Government and community will explore the way forward, in order to maximise opportunities and manage risk.

Indigenous communities have been identified as a high priority stakeholder in developing the Northern Region SWS. Indigenous communities in the Northern Region have significant cultural ties to the landscape of the River Murray and its tributaries. The region is also home to Victoria’s highest populations of indigenous people- the town of Robinvale recording the highest proportion of indigenous residents in 2001 (9%), and Shepparton the highest number (1,460).

Through a review of previous engagement processes and policies, including the VEAC River Red Gum Study and DSE’s Indigenous Partnership Framework released in 2007 strategies identified in the Northern Region SWS Engagement Plan include: • Initial contact and continued connection with Traditional Owner groups is essential part of process • Traditional Owner groups to have critical oversight of the overall consultation program for regional indigenous communities • Opportunities for input need to be appropriate (eg. may need to schedule sessions on weekends or consecutive sessions) • Important to have opportunities for consultation on country

38 • Being up front about key questions within the scope of the Strategy will help communities identify the key people to involve and issues that need to be discussed

DSE Indigenous Partnerships Indigenous people in Victoria have for many hundreds of generations sustainably managed the land, coast and sea. A special connection exists between Indigenous people and their Country. The health of waterways and the land remains central to Aboriginal cultures.

The DSE Indigenous Partnership Framework gives a commitment to invite greater involvement of indigenous communities in the management of all areas under DSE control. The DSE’s Office of Water endorses the Framework and has undertaken to incorporate these commitments in all dealings with indigenous communities and future natural resource management initiatives.

Work to date Preliminary communication with Traditional Owner groups nominated by DSE’s Indigenous Land Policy Unit has occurred in late 2007. A copy of the Discussion Paper has also been sent out to these Traditional Owner groups.

A preliminary assessment of potential cultural values that could be addressed by the Northern Region Sustainable Water Strategy has been finalised and should be taken into account in any proposal developed.

3. Objectives The objective of this project is to develop and implement a Consultation Plan to ensure Northern Traditional Owner groups and other indigenous communities are provided with appropriate opportunities to have input into the Northern Region SWS.

The plan will need to meet critical Strategy timelines (see Appendix A) and will have the following elements: • Traditional Owner groups oversee how indigenous groups in their area are consulted in regards to the Northern Region SWS • Indigenous communities in northern Victoria have opportunity for input throughout the whole development of the Strategy • That feedback provided by Indigenous communities is communicated to the Strategy’s Project Management team, as well as regional water management agencies and major stakeholder groups. • That communication with Indigenous communities clearly articulates the scope of the Strategy and the key questions on which feedback is being sought • That there is opportunity to produce supporting documentation that will be circulated as part of the Strategy (recommendations to be provided but costs considered separate from this project)

4. Study Area

The following map outlines the boundaries of the Northern Region Sustainable Water Strategy

39

DSE’s Native Title Division has advised that the following Traditional Owner groups are covered by the NRSWS region • Ngintait People • Nyera Nyera People • Latji Latji People • Tati Tati People Robinvale Aboriginal Corporation • Wadi Wadi People • Wamba Wamba People • Barapabarapa People • Dja Dja Wurrung People • Yorta Yorta Peoples • Bangerang People • Dhudoroa People • Way Wuru People

5. Scope of the Project

The main tasks of this project are to:

••• In partnership with Traditional Owner groups, develop a Consultation Plan to ensure northern Traditional Owner groups and other indigenous communities are provided with appropriate opportunities to have input into the Northern Region SWS ••• Implement the Consultation Plan within timelines set out for the Northern Region SWS.

40 ••• Compile a report of the results of the consultation, including recommendations for future engagement of indigenous communities on water management issues.

6. Project Outputs and Deliverables

The following outputs are to be provided: • Project proposal (March 2008) • Consultation Plan (May 2008) • Report on Consultation with key recommendations (November 2009)

7. Response requirements

Respondents are required to provide a set of explanatory statements addressing:

1. Capability 2. Fee structure
The following payment schedule will apply:

Milestone 1 - project proposal 30% of agreed lump sum Milestone 2 – Consultation Plan 40% of agreed lump sum Milestone 3 – Final Report 30% of agreed lump sum

3. Contract
The respondent must clearly indicate an understanding and acceptance or otherwise of the contract conditions. A draft form of contract is attached.
Any proposed departures or non-compliance from the contract conditions will require a full explanatory statement and proposed alternative wording. No new matters will be considered post the RFP process.
No binding legal relationship will exist until execution of a formal contract between the parties. 4. Other
Advice should be provided on any existing conflicts or potential conflicts of interest. Strict conflict of interest disclosure requirements through the term of the contract.
If there are any existing relationships with the Department to provide services (directly or indirectly), a statement must be provided to the effect that such a relationship(s) does not prohibit the respondent entering into a contract directly with DSE and in particular the Water Sector Group in respect of this RFP.
The respondent should disclose any special conditions or requirements on which the respondent requires DSE consideration. 5. Form of Submission

8. Sources of Information

The following documents will assist in an understanding of the assignment:

Northern Region Sustainable Water Strategy Cultural Values Assessment - Gaps Analysis Report Feb 2008

41
Report to the Living Murray Initiative - Indigenous Response to the Living Murray Initiative, April 2003.
Report on the VEAC Indigenous Community Consultation Workshops, 2007
DSE, Indigenous Partnership Framework, 2007-2010
Indigenous Rights to Water in the Murray Darling Basin- In support of the Indigenous final report to the Living Murray Initiative, 2004
National Water Initiative and acknowledging indigenous interests in planning, 2004. • A VCMC Position/Perspective Paper on Indigenous Engagement in Victoria, 2006 • Making the connection between water and sustaining Indigenous cultural life, 2006 (http://www.lwa.gov.au/sirp/Publications_and_Tools/People_Practice_and_Policy/Ins titutions_and_Governance/Making_the_connection/indexdl_3862.aspx ) • Department of Victorian Communities, Cultural Resource Management Grid Maps by Catchment Management Authority, http://www1.dvc.vic.gov.au/aav/lga_map_production/lga_list2.htm#cma • Guidelines for Assessing the Impacts of Water Sharing Plans on Aboriginal People (Staff Guidelines - Dept of Land & Water, NSW), 2001 • Recognising and protecting Indigenous values in water resource management' (Outcomes from CSIRO workshop in the NT 2006)

Copies of these documents (excluding the weblinks) can be provided electronically.

9. Information to be provided by DSE

The Project Manager will make available to the firm all other appropriate information on confirmation of the contract. Such information will be deemed “commercial in confidence” and all data prepared in meeting the requirements of this assignment, whether written, typed, copied, implied or otherwise, shall be deemed the property of DSE. Such information and data shall not be re-used by the firm for commercial purposes without prior consultation and agreement of DSE.

10. DSE oversight of the Project

Jane Ryan Northern Region Sustainable Water Strategy 10/8 Nicholson Street, East Melbourne, 3002 [email protected] (03) 9637 9808

11. Lodgment of Proposal

Proposals must be provided by COB 14 March (e-mail) to: [email protected]

12. Reservations

42 Withdrawal from the process: DSE reserves the right to withdraw from the process described in this document for whatever reason, prior to the signing of any Agreement with any party for the delivery of services described in this document.

Negotiation: DSE reserves the right to negotiate with the respondent.

13. Disclosure

Presumption to full disclosure

The Victorian Government has a strong presumption in favour of disclosing contracts and, in determining whether any clauses should be confidential, specific Freedom of Information (FOI) principles (including a public interest test) will apply. The Government cannot pre-empt the workings of the Freedom of Information Act 1982 or constrain the Auditor General’s powers to disclose documents as he sees fit.

Non Disclosure of contract provisions

Non disclosure of contract provisions must be justified under the principles of exemption within Section 34(1) of the Freedom of Information Act 1982 , providing that information acquired by an agency or a Minister from a business, commercial or financial undertaking is exempt under the Act, if the information relates to trade secrets or other matters of a business, commercial or financial nature and the disclosure would be likely to expose the undertaking reasonably to disadvantage. DSE will consider these arguments in the proposal evaluation and negotiate with companies.

Disclosure of project and contract details

Subject to this clause and the Conditions of Contract, all documents provided by the company will be held in confidence so far as the law permits. Notwithstanding any copyright or other intellectual property right that may subsist in the proposal documents, the company, by submitting the proposal, licences DSE to reproduce the whole or any portion of the proposal documents for the purposes of a proposal evaluation.

14. Preparation of Quotations

Neither the State nor the Department will be responsible for, nor will they pay for, any expense or loss, which may be incurred in the preparation of a response.

43

Appendix 2: Schedule of Interviews

Bobby Nicholls (Chair) North-West Nations 26 th October 2007 (Jane Ryan) Graham Atkinson Dja Dja Wurrung People 29 th January 2009

Graham Atkinson, Fay Carter, Ricky Dja Dja Wurrung People 18 th April 2009 Nelson, Jason Nelson, John, Bobby (including Jaara Jaara) Nichols Neville Atkinson, Jade Miller Yorta Yorta People September 2008 (Jane Ryan) 23 rd December 2008 Sandy Atkinson Bangerang People 16 th May 2008

Gary Murray Dhudoroa People 10 th September 2008 11 th November 2008

Margaret Gardiner Way Wuru People 10 th September 2008 11 th November 2008 Tandy Annuscheit & Ernie Innes Taungurong People 27 th October 2008 12 th November 2008 Darren Perry, Nick Daniels Ngintait People 24 th October 2008

Mark Dugay-Grist Nyera Nyera People 1st May 2008

Rex Harridine, Latji Latji People 19 th June 2008 (phone) Ralph Harridine 15 th July 2008 (phone) Brendan Kennedy, Richard Kennedy, Tati Tati People 15 th May 2008 John Kennedy, Greg Kennedy 24 th October 2008 Debbie Chaplin Morgan, Jacinta Wadi Wadi People 15 th April 2009 Chaplin Morgan, Cain Chaplin Morgan Mathew Stewart Wamba Wamba People 15 th April 2009

Wayne Webster Barapabarapa People 27 th November 2008 Neville Wyman 19 th March 2009 Rose Kirby, Karen Kirby Robinvale Aboriginal Corporation 19 th March 2009

44