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Pathways to the Co-Management of Protected Areas and Native Title in Australia

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Pathways to the Co-Management of Protected Areas and Native Title in Australia Pathways to the co-management of protected areas and native title in Australia Toni Bauman, chris haynes and Gabrielle Lauder AIATSIS Research DiscussioN Paper NUMBER 32 MAY 2013 NATIVE TITLE RESEARCH UNIT Pathways to the co-management of protected areas and native title in Australia Toni Bauman, Chris Haynes and Gabrielle Lauder AIATSIS Research Discussion Paper No. 32 First published in 2013 by AIATSIS Research Publications © Toni Bauman, Chris Haynes and Gabrielle Lauder, 2013 All rights reserved. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under theCopyright Act 1968 (the Act), no part of this article may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without prior permission in writing from the publisher. The Act also allows a maximum of one chapter or 10 per cent of this book, whichever is the greater, to be photocopied or distributed digitally by any educational institution for its educational purposes, provided that the educational institution (or body that administers it) has given a remuneration notice to Copyright Agency Limited (CAL) under the Act. The views expressed in this series are those of the authors and do not necessarily reflect the official policy or position of the Australian Institute of Aboriginal and Torres Strait Islander Studies. Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) GPO Box 553, Canberra ACT 2601 Phone: (61 2) 6246 1111 Fax: (61 2) 6261 4285 Email: [email protected] Web: www.aiatsis.gov.au National Library of Australia Cataloguing-in-Publication entry: Author: Bauman, Toni, author. Title: Pathways to the co-management of protected areas and native title in Australia / Toni Bauman, Chris Haynes, Gabrielle Lauder. ISBN: 9781922102119 (ebook) Series: Research discussion paper (Australian Institute of Aboriginal and Torres Strait Islander Studies) ; no. 32. Subjects: Aboriginal Australians--Land tenure--Management. Torres Strait Islanders--Land tenure--Management. Native title (Australia) Land use--Australia--Management. Other Authors/ Haynes, Chris, author. Contributors: Lauder, Gabrielle, author. Australian Institute of Aboriginal and Torres Strait Islander Studies. Dewey Number: 346.940432 Cover photos: Rangers working with DEC to construct their own HQ at their ranger camp, which is known as Martu ku Ngurra (Martu’s home). Lorna Glen Station, Western Australia, 2010. Photo credit: Lindsey Langford, Central Desert Native Title Services. Timber Creek school children at the hand back of Judparra (Gregory) National Park. Jasper Gorge, Northern Territory, 2010. Photo credit: Lateral Concepts. Robbie Wongawol, Land Management Officer with the Wiluna Martu Ranger Program. Lorna Glen Station, Western Australia, 2009. Photo credit: Lindsey Langford, Central Desert Native Title Services. Typeset in Arial and Calibri Contents About the authors 4 Acknowledgments 5 Disclaimer 5 Abbreviations and acronyms 6 Introduction 9 A note on terminology 12 Co-management arrangements in Commonwealth, state and territory jurisdictions in Australia 14 The Commonwealth 14 The Northern Territory 22 Queensland 27 New South Wales 35 South Australia 39 Western Australia 42 Victoria 47 Australian Capital Territory 51 Tasmania 53 Native title and the progression of co-management arrangements 56 Comparing co-management institutions within and across jurisdictions 59 Negotiating flexible institutions in progressive co-management pathways 63 Brokering partnerships and the terms of recognition 67 Meanings in practice of co-management arrangements 69 Conclusion 73 References 78 Appendix 1: Australian co-management comparative table 94 Appendix 2: Map of determinations of native title and national parks 112 Appendix 3: Map of Indigenous Land Use Agreements, IPAs and land tenure 113 Pathways to the co-management of protected areas and native title in Australia About the authors Toni Bauman is a Senior Research Fellow in the Native Title Research Unit (NTRU) at the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS). She is an anthropologist, mediator, facilitator and trainer who has published widely, made presentations to a range of national and international audiences and worked as a staff member and consultant for a range of government departments, statutory authorities and Indigenous organisations. Her work focuses on the management of Indigenous disputes and decision-making processes, and her interest in co-management relates to relationships, partnerships and decision-making processes. She has facilitated numerous governance workshops and training including for co-management boards and committees and in the establishment of co-management partnerships. Chris Haynes joined the Australian National Parks and Wildlife Service in 1978 after practising as a professional forester in South Australia and the Northern Territory, including at Maningrida in Arnhem Land. He worked in a number of different roles in the early development of Kakadu National Park (and Uluru for a brief period) before being appointed Director of National Parks in Western Australia in 1985. After retiring from the Western Australian government in 1997, he was a consultant for several years before resuming full- time work as Park Manager at Kakadu in 2002. He completed his PhD on the co-management of Kakadu in 2009 and has since carried out consulting work and part-time teaching and tutoring in anthropology and sociology at the University of Western Australia where he is an Honorary Research Fellow. Gabrielle Lauder is a Senior Research Officer in the NTRU at AIATSIS. She completed her undergraduate studies (BA/LLB) and Honours in Law at the Australian National University and is currently studying for the Graduate Diploma in Legal Practice. Gabrielle has a background in human rights law and environmental law. Since early 2012 Gabrielle has been responsible for producing case summaries and analyses of native title jurisprudence and native title publications. She is currently focusing on the legal and policy pathways to the co-management of protected areas in Australia and the relative value of these institutional arrangements. Gabrielle is responsible for the table in the Appendix to this Discussion Paper. 4 Published by AIATSIS Research Publications, 2013 AIATSIS Research Discussion Paper No. 32 Acknowledgments We have many people to thank in bringing this paper to fruition over a significant period of gestation and preparation — too many to name in the space provided, but you know who you are. Our efforts to ‘get it right’ have entailed considerable collaborative efforts beyond the cause of duty with traditional owners, independent researchers, staff at other research institutions, including CSIRO, Native Title Representative Bodies and Native Title Service Providers, Registered Native Title Bodies Corporate, government departments, and staff in the NTRU at AIATSIS. Participants at a number of NTRU workshops, including a workshop of government staff in Alice Springs in 2012, have provided comments on and revisions to successive drafts, for which we are extremely grateful. Dr Dermot Smyth reviewed the paper and made a number of insightful suggestions. The authors sincerely and gratefully acknowledge all these contributions, as well as those of the anonymous peer reviewers of an earlier version of this paper. Responsibility for the views expressed and for any errors is, of course, our own. Disclaimer Co-management negotiations in the states and territories are dynamic and often in a state of flux, and information can be difficult to locate. In the course of preparing this paper, governments have changed and some arrangements may be under review. The information in this paper is as accurate as possible at the time of writing, and does not comprehensively describe all co-management arrangements in place across Australia. Readers are advised to check information about individual protected areas or jurisdictions with sources close to the subject area including government officers and staff of Native Title Representative Bodies and Native Title Service Providers who are working on particular issues. Published by AIATSIS Research Publications, 2013 5 Pathways to the co-management of protected areas and native title in Australia Abbreviations and acronyms AIATSIS Australian Institute of Aboriginal and Torres Strait Islander Studies ALA Aboriginal Land Act 1991 (Qld) ALC Aboriginal Land Council ALCT Aboriginal Land Council of Tasmania ALP Australian Labor Party ALRA Aboriginal Land Rights Act 1983 (NSW) ALRANT Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) ALRM Aboriginal Land Rights Movement Balkanu Balkanu Cape York Development Corporation CALM Act Conservation Legislation Amendment Act 2011 (WA) CFLA Conservation Forests and Lands Act 1987 (Vic) CMA Co-operative Management Agreement COAG Council of Australian Governments CYA Cape York Peninsula Heritage Act 2007 (Qld) DATSIMA Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (Qld) DEC Department of Environment and Conservation (WA) DECC former Department of Environment and Climate Change (NSW) DERM Department of Environment and Resource Management (Qld) DEWNR Department of Environment, Water and Natural Resources (SA) DSE Department of Sustainability and Environment (Vic) EPBC Act Environment Protection and Biodiversity Conservation
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