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“Without Prejudice” YORTA YORTA NATION A BORIGINAL CORPORATIO N (ICN 3279 ) - REGISTERED ABORIGINA L P ART Y – Contact Direct Phone: 03 58 322 022 Direct Fax: 03 58 310367 Mobile: 041 861 3949 Email: [email protected] Website: www.yynac.com.au December 2011 “WITHOUT PREJUDICE” Mr Greg Gardiner Executive Officer Environmental and Natural Resources Committee Parliament House Spring Street EAST MELBOURNE VIC 3002 Cc Janette Powell MP, Minister for Aboriginal Affairs Ian Hamm, Executive Director, Aboriginal Affairs Victoria Dear Greg, Inquiry into the Establishment and Effectiveness of Registered Aboriginal Parties Thank you for providing the Yorta Yorta Nation Aboriginal Corporation (YYNAC) with the opportunity to make this submission to the Parliamentary inquiry into the establishment and effectiveness of Registered Aboriginal Parties (RAP’s). We make this submission on behalf of Yorta Yorta clans, including the Kaitheban, Wollithiga, Moira, Ulupna, Banagerang, Kwat Kwat, Yalaba Yalaba and Ngurai-illiam-wurrung clans – Yorta Yorta Nation which operates the Yorta Yorta registered aboriginal party status area. YYNAC’s Cultural Heritage Management is facilitated by minimum of two on-site cultural heritage officers, one cultural heritage coordinator and Chief Executive Officer and is also supported by Yorta Yorta Council of Elders and Board of Directors. To date, YYNAC RAP operations have not been required to address any major issues of non-compliance in relation to its Registered Aboriginal Party area; delegation of authority resolved. In accordance of the enquiry terms of reference Yorta Yorta Nation will present the submission under each of the terms of reference areas, responding to each with a ‘key summary point’ based on Yorta Yorta Nation application to the Victorian Aboriginal Heritage Council and where it may assist the enquiry will provide general information and comment relating to the application. (a) Victorian Aboriginal Heritage Council policies in relation to the appointment of Registered Aboriginal Parties including the factors that should be taken into account by the Council in making a decision such as: i. the degree to which traditional ownership is contested in the area the subject of an application; The degree to which traditional ownership contested in the area of Yorta Yorta Nation was assessed and demonstrated in its application as minimal, summary key points: a. Yorta Yorta Nation became aware of a RAP application submitted by another party via public knowledge – Unfortunately, Yorta Yorta Nation was not engaged or consulted by the other applicant at any stage; b. Degree of Connection to the Area was demonstrated across entire Registered Party Area; c. Over 90 per cent of the Aboriginal population residing in and/or accessing services in the Yorta Yorta Nation Registered Aboriginal Party area culturally identify as Yorta Yorta and possessing traditional and familial links to which the application relates ; d. The State of Victoria recognised and reached agreement/s with Yorta Yorta peoples in relation to the area; In addition: e. Yorta Yorta Nation presented land use and occupancy maps, technical ecological knowledge and both pre-and-post-settlement literature as ‘additional information’ to the application process (due to disclosure and confidentiality issues maps were presented for observation only); Landmark Agreements between the State and Yorta Yorta peoples; Namely, the Yorta Yorta Cooperative Management Agreement and the VicRoads -Yorta Yorta Nation Area Agreement were presented; and f. High level and specific information was provided to the VHAC to demonstrate Yorta Yorta Nation(regardless of resource constraints) is wholly inclusive of all 8 of the clan groups and 16 family groups, united form the Yorta Yorta Nation: To be clear this includes Bangerang. ii. the impact that decisions may have on the community; The impact that decisions may have on the community was demonstrated as highly beneficial to both Indigenous and non- Indigenous peoples and positive impacts for ‘whole of community’, summary key points: a. Appointing one cultural heritage management entity(Yorta Yorta Nation Aboriginal Corporation) as a registered aboriginal party would build on the mutual recognition and trust between Yorta Yorta peoples and the State to a) identify and promote increased training, education, employment and economic development opportunities for both Indigenous and non-Indigenous community members; and b) 2 | P a g e Yorta Yorta Nation – Registered Aboriginal Party ‘Submission’ the active and resourced involvement of the Yorta Yorta people in decisions about Cultural Heritage Management within the Registered Aboriginal Party area; b. Majority - Local shires prior to and during the application phase indicated a commitment to partnership with Yorta Yorta Nation; c. Majority - Aboriginal Organisations and members supported Yorta Yorta Nation application; d. Majority – local government department’s supported Yorta Yorta Nation application; e. A preliminary community-wide employment, training and economic scoping study relating specifically to Cultural Heritage Management – Under a Registered Aboriginal Party Status Model was conducted internally by Yorta Yorta; i. While Yorta Yorta’s research informed much improved and better impacts on community under having one RAP(Yorta Yorta Nation AC) and Yorta Yorta being aware of the other application advised the VAHC of its willingness to work with the other applicant, regardless of the VAHC decisions – Yorta Yorta openly relayed an ‘open invitation’ to individuals and/or group a partied to the other application as welcome at Yorta Yorta anytime; ii. Yorta Yorta Nation was alarmed to learn the VAHC was not adequately resourced from government to provide post-application grievance support to applicants and for that matter mediation amongst parties and/or third party engagement (where/if necessary); and f. Yorta Yorta Nation was only aware of that one other application within the area and through all of Yorta Yorta’s pre-application consultations with community clearly ascertained there were nil other applicants (i.e. Aboriginal body corporates, native title parties etc.) applying to become a registered aboriginal party for the area. iii. the capacity of the applicant to fulfil legislative responsibilities if appointed; the capacity of the applicant(Yorta Yorta Nation Aboriginal Corporation) to fulfil legislative responsibilities if appointed was highly demonstrated, summary of key points: a. Incorporation/Body Corporate - Yorta Yorta Nation Aboriginal Corporation confirmed Incorporation under the Corporations Aboriginal and Torres Strait Islander(CATSI) Act 2006, and demonstrated it maintained a compliant record since incorporation; b. Governance and Decision Making – Board Directors trained in Governance; c. Strategic Planning Framework – The full strategic planning framework of Yorta Yorta was provided. d. Quality Assurance and Financial Management – Yorta Yorta demonstrated sound quality assurance(i.e. reporting, record keeping and risk management etc.) and financial management practices; e. State Recognition and Agreement - Yorta Yorta peoples with the State of Victoria established Victoria’s first landmark Co-Management Agreement - Yorta Yorta demonstrated the capacity to fulfil legislative responsibilities, namely in accordance with Conservation, Forests and Lands Act 1987 (Vic) establishment of a committee pursuant to section 12 of that Act – Co-operative Management Agreement between 3 | P a g e Yorta Yorta Nation – Registered Aboriginal Party ‘Submission’ Yorta Yorta Nation Aboriginal Corporation and the State of Victoria (“Part 2, Section 12 Advisory Bodies”); f. Free, Prior and Informed Consent Practices – Yorta Yorta demonstrated high standard of free, prior informed consent practices consulting and engaging with community when providing advice or making decisions; g. Qualifications - Yorta Yorta Nation demonstrated a high number of Cultural Heritage Monitors – Trained and Certified with Certificate IV in Cultural Heritage Management in addition to Conservation and Land Management Certificate IV; h. Expertise – Yorta Yorta Nation provided cultural heritage services under the previous State legislative regime; and In addition: i. Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act 1984 – In addition, Yorta Yorta Nation demonstrated the ability to act in accordance with and fulfil state, as well as commonwealth legislation. iv. the process used to determine and identify the successful registered aboriginal party; the process used to determine and identify the successful registered aboriginal party – Yorta Yorta Nation Aboriginal Corporation, summary of key points: a. Pre Application - Prior to submitting Yorta Yorta Nation application - at the invitation of Yorta Yorta, the VAHC provided adequate amount of information to Yorta Yorta Nation regarding that of ‘Becoming a Registered Aboriginal Party’. Yorta Yorta nation peoples made an informed decision to submit an application to the VHAC, note; Yorta Yorta confirmed the other applicant was not a registered native title holder nor a recognised traditional owner group entity and held nil agreements with the State; b. Submitting Application – i. Application submitted and was given the 120 days to make determination; ii. All supporting evidence and additional information requests from the VAHC were completed by Yorta Yorta Nation; iii. Yorta Yorta Nation RAP application underwent a public consultation process
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