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CYPLU5 CAPE YORK PENINSULA LAND USE STRATEGY
CAPE YORK PENINSULA LAND USE STRATEGY (CYPLUS) -~ Stage 1 Overview Reports
THEMATIC REPORT 3 OF 3
SOCIETY AND CULTURE, , •
Environment Science and Services (NQ) October 1995
- ENVIHONMENT SC I EN C E & SE R V I CE S .(N Q) -.•" ";-- •,"1 I ENVIRONMENTAL MANAGERS & PLANNERS ' .....,,
CYPLUS is a joint initiative of the Queensland and Commonwealth Governments
MERV AH KEE CAPE YORK PENINSULA LAND USE STRATEGY (CYPLUS)
Stage 1 Overview Reports
THEMATIC REPORT 3 OF 3 SOCIETY AND CULTURE
Environment Science and Services (NQ)
October 1995
CYPLUS is a joint initiative of the Queensland and Commonwealth Governments Recommended citation:
Environment Science and Services (NQ) (1995). 'Stage 1 Overview Reports: Thematic Report 3 of3 - Society and Culture'. (Cape York Peninsula Land Use Strategy, r Department of the Premier, Economic and Trade Development, Brisbane, and Department of the Environment, Sport and Territories, Canberra.)
ISBN 0 7242 6242 3
© The State of Queensland and Commonwealth of Australia 1995.
Copyright protects this publication. Except for purposes permitted by the Copyright Act 1968, no part may be reproduced by any means without the prior written permission of the Department of the Premier, Economic and Trade Development and the Australian Government Publishing Service. Requests and inquiries concerning reproduction and rights should be addressed to:
Department of the Premier, Economic and Trade Development Government of Queensland PO Box 185 BRISBANE ALBERT STREET Q 4002 or
The Manager Commonwealth Information Services GPOBox84 CANBERRA ACT 2061 (i)
CONTENTS
EXECUTIVE SUMMARY
1 INTRODUCTION 1
1.1 BACKGROUND 1 1.2 STUDY AREA 3 1.3 INFORMATION BASE 3 1.4 ROLE OF ECOLOGICALLY SUSTAINABLE DEVELOPMENT IN CYPLUS 3 1.5 PURPOSE OF THIS REPORT 4 1.6 THE STUDY TEAM 4 1.7 REFERENCE TO STAGE 1 STUDIES 4
2 IDSTORICAL PERSPECTIVES 5
2.1 INTRODUCTION 5 2.2 RECENT ABORIGINAL HISTORY 5 2.3 TORRES STRAIT ISLANDER PERSPECTIVES 7 2.4 NON-INDIGENOUS HISTORY 8 2.5 THE LEGACY OF CONFLICT 9
3 COMMUNITIES ON CAPE YORK PENINSULA 11
3.1 INTRODUCTION 11 3.2 DETAILS OF SETILEMENT PATIERNS 11 3.3 TYPES OF COMMUNIDES 13 3.3.1 INTRODUCTION 13 3.3.2 URBAN CENTRES 13 3.3.3 ABORIGINAL COMMUNITIES 14 3.3.4 TORRES STRAIT ISLANDER COMMUNIDES 16 3.3.5 PASTORAL COMMUNITIES 16 3.3.6 VISITORS 17 3.4 OVERVIEW OF DEMOGRAPHIC AND ECONOMIC DATA 17 3.5 HUMAN RESOURCES 19 3.6 SUMMARY OF POPULATION · 20
CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture (ii)
4 CULTURAL VALUES 23
4.1 INTRODUCTION 23 4.2 ABORIGINAL CULTURAL VALUES 23 4.2.1 OVERVIEW OF VALUE SYSTEM 23 4.2.2 SITES OF SIGNIFICANCE 24 4.3 TORRES STRAIT ISLANDER CULTURAL VALUES 25 4.3.1 OVERVIEW OF VALUE SYSTEM 25 4.3.2 SITES OF SIGNIFICANCE 25 4.4 NON-INDIGENOUS CULTURAL VALUES 25 · 4.4.1 OVERVIEW OF VALUESYSTEM 25 4.4.2 SITES OF SIGNIFICANCE 26 4.5 DOCUMENTATION OF CULTURAL VALUES 27
5 SERVICING COMMUNITIES 29
5.1 INTRODUCTION 29 5.2HEALTH 30 5.3 FAMILY SUPPORT SERVICES 31 5.4HOUSING 32 5.5 WATER AND WASTE DISPOSAL 32 5.6 ENERGY AND POWER 33 5.7 TRANSPORT 33 5.8 COMMUNICATIONS 35 5.9 EDUCATION 35 5.10 CONSUMER AND FINANCIAL SERVICES 36 5.11 RECREATION AND VISITOR SERVICES 36 5.12 SAFETY SERVICES 37 5.13 LEGAL SERVICES 38 5.14 OUTSTATIONS 39 5.15 ENVffiONMENTAL PLANNING AND MANAGEMENT 39 5.16 SUMMARY OF SERVICES 40
6 COMMUNITY ASPIRATIONS 45
6.1 INTRODUCTION 45 6.2 ABORIGINAL AND TORRES STRAIT ISLANDERS 45 6.2.l VALUES 45 6.2.2 NEEDS 45 6.2.3 ASPIRATIONS 46
Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY (iii)
6.3 NON-INDIGENOUS PEOPLE 46 6.3.1 VALUES 46 6.3.2 NEEDS 46 6.3.3 ASPIRATIONS 46 6.4 CONCLUSION 47
7 ADMINISTRATIVE ARRANGEMENTS 49
7.1 INTRODUCTION 49 7.2 LEGISLATIVE FRAMEWORK 49 7.3 COMMONWEALTH GOVERNMENT ROLES AND RESPONSIBILITIES 57 7.4 QUEENSLAND GOVERNMENT ROLES AND RESPONSIBILITIES 60 7.5 LOCAL GOVERNMENT ROLES AND RESPONSIBILITIES 63 7.6 NON-GOVERNMENT ORGANISATIONS 65 7. 7 ABORIGINAL CORPORATIONS 67 7.8 PROCESSES FOR POLICY INTEGRATION AND COORDINATION 68 7.9 CONCLUSION 69
8 KEY POLICY ISSUES 71
8.1 INTRODUCTION 71 8.2 NATIONAL AND INTERNATIONAL OBLIGATIONS 72 8.3 RECONCILIATION 73 8.4 SELF-DETERMINATION 73 8.5 LAND OWNERSHIP AND NATIVE TITLE 74 8.6 ENVffiONMENT AND RESOURCE MANAGEMENT 74 8. 7 INFRASTRUCTURE 75 8.8 SERVICE DELIVERY 75 8.9 ADMINISTRATION ISSUES 75 8.10 CONSULTATION ISSUES 76 8.11 COORDINATION BETWEEN GOVERNMENT AGENCIES 77
9 INFORMATION GAPS 79
9.1 INTRODUCTION 79 9.2 INDIGENOUS AND NON-INDIGENOUS CULTURAL SITES 79 9.3 ABORIGINAL AND TORRES STRAIT ISLANDER ASPIRATIONS 80 9.4 ACCURATE POPULATION STATISTICS 81 9.5 COMPARATIVE ANALYSIS OF COMMUNITY SERVICING ON CAPE YORK PENINSULA 81
CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture (iv)
APPENDICES
APPENDIX A: IBRMS OF REFERENCE APPENDIX B: TABLES OF CONIBNTS FOR ALL REPORTS APPENDIX C: SUMMARY OF CYPLUS STAGE 1 PROGRAMS AND REPORTS . APPENDIX D: ROIB OF ECOLOGICALLY SUSTAINABLE DEVELOPMENT
TABLES
TABIB 1: DISTRIBUTION OF POPULATION 12 TABIB 2: POPULATIONS, GROUP AFFILIATIONS AND lAND AFFILIATIONS OF TIIE MAJOR ABORIGINAL COMMUNITIES . 15 TABLE 3: VISITOR FACILITIES IN NATIONAL PARKS ON CAPE YORK PENINSULA. 37 TABIB 4: POLICING IN ABORIGINAL AND TORRES STRAIT ISLANDER COMMUNITIES 37 TABIB 5: POPULATIONS AND PERMANENCY OF OUTSTATIONS 39 TABIB 6: SUMMARY OF SERVICE DELIVERY TO COMMUNITIES ON CAPE YORK PENINSULA 41 TABIB 7: IBGISLATIVE FRAMEWORK (SEPIBMBER 1994) 49 TABIB 8: SUMMARY OF COMMONWEALTII GOVERNMENT AGENCIES AND ROIBS 58 TABIB 9: .SUMMARY OF QUEENSLAND GOVERNMENT AGENCIES AND ROIBS 61
FIGURES
FIGURE 1: LOCALITY MAP FIGURE2: OUTSTATIONS FIGURE3: LOCAL GOVERNMENT AREAS
Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY EXECUTIVE SUMMARY
1 Introduction
Cape York Peninsula is a diverse and important region of tropical Australia. It covers 13,720,000 hectares and has a current population of about 18,000 people.
The Cape York Peninsula Land Use Strategy (CYPLUS) was established as a joint initiative of the Queensland and Commonwealth Governments in 1992 to provide a vehicle for the establishment of regional land and land-related resource use objectives within the context of Australian and Queensland Ecologically Sustainable Development (ESD) policy. The National Strategy for Ecologically Sustainable Development sets the goal for ESD as:
Development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on.which life depends.
The CYPLUS process comprises three stages, namely data collection and issues identification; development of strategic principles for land and resource use; and implementation.
Stage 1 culminates in the production of three thematic reports, namely:
• Natural Resources and Economy . • Land Use and Ecology . • Society and Culture (this report) . Together with an Overview report (Overview of Current Resources, Land Uses and Issues), these reports effectively summarise and communicate the key findings of the Stage 1 data collection exercise and provide a sound information base for the implementation of Stage 2. The Stage 1 studies note that some additional analysis of existing data is required and that some extra data may need to be collected.
2 Historical overview
There are many histories of Cape York Peninsula and these may see the same events from very different perspectives. The European view· of discovery, colonisation and settlement may be seen by the Peninsula's indigenous population as invasion and subjugation.
The history of contact between indigenous and non-indigenous has seen: • First contact between Aboriginal and European cultures at Cape Keer-weer in 1606, and between European and Torres Strait Islanders at Muralag (Prince of Wales Island) in 1869. • Establishment of European interests in the beche-de-mer, trochus and pearl fisheries during the 19th century, with consequent disruption of Aboriginal and Torres Strait Islander social and economic life through competition for resources and sometimes labour conscription. • Resettlement of many Aboriginal and Torres Strait Islander people in missions and other settlements, with a consequent social breakdown in many communities.
CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture Executive Summary II
• Establishment and expansion of the cattle and mining industries throughout the Peninsula. This activity displaced many Aboriginal people but has also involved some Aboriginal participation in these industries. The history of contact between the non-indigenous culture and that of the two indigenous races has involved numerous conflicts and a substantial reduction in the non-indigenous population. The result of this often violent interaction is the current pattern and nature of settlement } throughout Cape York Peninsula.
3 Communities on Cape York Peninsula
Types of communities
Cape York Peninsula contains a surprisingly urbanised society character!sed by distinct racial groups. The main types of settlement or population for the approximately 18,000 residents (1994 figures) are: • Urban centres - a total of 12 urban centres with a combined population of 8,700. These contain the larger towns (Thursday Island, Weipa and Cooktown), the hamlets (Coen, Laura, Lakeland Downs, an~ Wasaga Village on Horn Island), and the localities (scattered habitation at Ayton, Rossville, Portland Roads and Prince of Wales island). In some centres, Aboriginal and Torres Strait Islander people form a majority of the population. • Aboriginal communities - 10 designated Aboriginal communities which reflect the past actions and policies of governments and European residents rather than traditional groupings. These are home to Aboriginal people from more than one cultural group and all communities receive considerable financial support services from the Commonwealth and Queensland Governments. Associated with Aboriginal communities are "outstations" (small groups of people re-occupying traditional lands) and these have a total population of nearly 800 people. • Torres Strait Islander communities - two main groups (Prince of Wales Island and at Bamaga and Seisia). The residents of Seisia and Bainaga retain strong links with the people and culture of Saibai island. • Pastoral communities - pastoral properties account for 57.2% of the land mass of the study area and support a total population of 690 on 124 properties. Pastoral properties are usually vast tracts (average of 83,000 hectares) of lease-hold land where cattle are grazed. • Visitors - from outside Cape York Peninsula (i.e. tourists mainly in the south-east) and from within (i.e. residents). Community profile
The following points are of note (referring to the 1991 Census and 1994 population estimates): • An exceptionally large proportion (around 75%) of the population on Cape York Peninsula is unqualified, compared to 64% Queensland wide.
Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 111 Executive Summary
• Less than two thirds of people in employment work in skilled or semi-skilled OGcupations, compared to 77% for Queensland as a whole. • There is lack of participation in acquiring skills by formal education. Only 80% of children 5 to 14 years of age in Cape York Peninsula are attending school. • Employers frequently resort to sourcing· skilled labour from outside the region and there is a limited capacity for the region to generate self-improvements in its array of available skills, particularly outside Weipa. • Educational systems and learning networks through which vocational training can be obtained on Cape York Peninsula are meagre according to the opinion of local residents. • There is a distinct hierarchy in the population, with nearly 13,000 people (71 % of the population) living in towns of 1,000 people or greater, over 4,500 (25%) in small towns and settlements, and the balance (nearly 700 or 4%) on cattle properties. • Approximately 7,500 people (42% of the population) live in the three largest towns of Thursday Island, Weipa and Cooktown. • Over 6,600 people (37%) live in major Aboriginal towns or communities and 5,570 (31 %) in Torres Strait Islander towns or communities (not all residents in such towns or communities are Aboriginals or Torres Strait Islanders respectively). • \ The population is relatively urbanised and is characterised by three distinct racial groups, namely Aboriginal (31.9% ), Torres Strait Islander (20% ), and non-indigenous ( 48.1 %). These figures probably contain an under-count of the Aboriginal population. • \I There is a distinct racial separation of the population between communities, with only 5 l of the study area's 38 Collection Districts being able to be described as racially mixed. • A proportion of the population is relatively poor and disadvantaged and while poverty percentages are not vastly different from Queensland average, incomes in the CYPLUS area are artificially buoyed by the Community Development Employment Projects scheme, boosting the average by about $2,000. • There is substantial polarisation in socio-economic characteristics across the study area . Weipa enjoys an average income level above that of North Queensland urban areas, but the average income in most of the Aboriginal and Torres Strait Islander communities is on or below the poverty line. • The population is youthful, with an age structure more like that of a developing country than the Australian pattern. • Household size and house occupancy levels are high, with high levels of overcrowding . • Single parent families make up a significant proportion of households (20.2%, compared to 12.5% in Queensland as a whole). • Numbers of in-migrants and visitors are both increasing, with Thursday Island and Weipa having the largest number of migrants. • The population of Cape York Peninsula is highly mobile .
4 Cultural values
The resources of the CYPLUS area have cultural values which reflect the history 9f the various · communities, their social and spiritual perceptions, and events of importance to their way of life.
CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture Executive Summary IV
Aboriginal cultural values
For Aboriginal people, Cape York Peninsula and its surrounding waters comprise a mosaic of ancestral home "countries" or clan estates. Prior to colonisation, the natural resources of Cape "--- York Peninsula and its surrounding waters formed the basis of the Aboriginal subsistence economy and Aboriginal cultural practices and beliefs were indivisible from the natural environment.
There is a type of religious connection with the land - not as individual "dots on the map" of "sacred sites", but rather as a web of interrelated places interwoven with each other. Some of these areas may also have archaeological and historical importance as evidence of past associations with the land and the colonial cultures. The Aboriginal view of heritage is that it is not public, that is, it is owned; heritage is not a matter of sites, but a relationship between ulture and landscape.
Notwithstanding this view, there are 13 sites of Aboriginal cultural value listed on the Register of the National Estate. These registered cultural places are· spread throughout Cape York Peninsula and include art sites, story places, ceremonial and ritual sites, and residential use sites.
Torres Strait Islander cultural values
Like Aboriginal people, the Torres Strait Islander view of heritage includes a focus on kin based groups as a source of personal identity, and a strong attachment to home islands and environments, especially the marine estates and fisheries resources.
There are no registered sites or areas of significant Torres Strait Islander cultural value currently listed on the Register of the National Estate.
Non-indigenous cultural values
In addition to scientific and wilderness values, the heritage and cultural values of non indigenous people in Cape York Peninsula are strongly related to the historical aspects of the mining and pastoral industries, as well as to contemporary lifestyle aspects.
Non-indigenous cultural values also include broader aspects of contemporary culture such as religion, art, drama, literature, sport and recreation. These aspects of modem non-indigenous culture are relevant to all inhabitants of the Peninsula and are important when considering servicing communities.
There are 18 sites or areas of significant non-indigenous cultural value currently listed on the Register of the National Estate. These registered cultural places include sites related to mining, fishing, navigation and early settlement.
Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY v Executive Summary
Documentation of cultural heritage
The need for additional investigation into both indigenous and non-indigenous cultural heritage has been noted.
In the case of non~indigenous values, the documentation of sites needs to be directed and owned by the relevant Aboriginal and Torres Strait Islander community.
5 Servicing communities
A wide range of services is provided to the settlements on Cape York Peninsula. While these are adequate at the larger centres, the delivery of basic services and infrastructure at many Aboriginal and Torres Strait Islander communities was perceived by residents to have weaknesses as well as often being culturally inappropriate. While indigenous communities have relied strongly on support from the Aboriginal and Torres Strait Islander Commission, few mainstream services are being delivered on Cape York Peninsula outside of Weipa and Cooktown. ·
The following community services are provided to the people of Cape York Peninsula. Comments on the adequacy of the service are based on the results of the_ survey of residents and the opinion of the author of the Services and Infrastructure report. ·;
• Health - includes hospitals, health care centres and access to the Royal Flying Doctor Service. Staff shortages and a frequent lack of cultural awareness amongst service providers were cited as key obstacles in the provision of effective health delivery. The major community health problems identified by residents of Cape York Peninsula included alcohol abuse, poor diet, lack of environmental health education, and the need for more doctors. • Family Support Services - includes child-care facilities, women's shelters, aged care facilities and young peoples' programs. There is a perceived lack of these type of facilities in most communities. • Housing - while publicly funded housing is provided in most communities, the general standard of housing in Aboriginal, Torres Strait Islander and pastoral communities is below Australian community standards by a number of indicators. Problems reported by residents include over-crowding in Aboriginal and Torres Strait Islander communities and a general chronic housing shortage. • Water and waste disposal - reticulated water supply and waste disposal services are provided in most towns and communities. Despite considerable capital expenditure in the last fifteen years, water supplies and waste disposal at Cape York Peninsula communities appears to be of a low standard. The DPI envisaged that all communities in the north Peninsula area will have fully reticulated water within 10 years. Current problems include garbage disposal outside urban centres and litter in recreation areas. • Energy and power - reticulated power is available in the south-east, while all other population centres use independent private or public generators.
CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture Executive Summary VI
• Transport - a combined State-controlled and local government road network of nearly 3,500 kilometres provides basic access. Other transport infrastructure includes aerodromes (5) and sealed runways (2). Most flights operate from Cairns only, making internal trips difficult. Barges, buses, taxis and ferries are all available in various locations and mail .and freight services are available to most localities. Airstrips and roads are often unserviceable in the wet season. • Communications - these have improved over the last 15 years although mail services are still infrequent to many remote properties. • Education - includes a network of pre-primary, primary and secondary schools. The School of Distance Education operates for isolated children on properties, boats, and communities without schools. Problems include language and low literacy levels, unstable home environments (exacerbated by alcohol), tiredness caused by over-crowded housing, poor health, and high teacher turnover rates. • Consumer and financial services - are provided in the major urban centres where shopping, maintenance and banking facilities are available. Smaller centres and communities are less well served and use is made of facilities at Cairns and Mareeba as well as mail order and other remote services. • Recreation and visitor services - there are few structured recreational facilities and visitor services outside Cooktown and Weipa, although the National Parks network provides a range of camping and other services within the 14 parks. While there is considerable interest in nature-based and cultural tourism, current activities are largely uncoordinated. The Aboriginal tourism industry is in its embryonic stages with a number of enterprises being established. • Legal Services - the circuit court visits the larger centres. Tharpuntoo Legal Service provides legal aid for Aboriginal and Torres Strait Islander communities and private legal services are available in Cooktown and Cairns. The legal system is considered to be generally inadequate due to large client loads and the difficulties posed by distance. • Safety services - Police (State and Community), fire, ambulance and emergency services are provided to major towns and communities. • Outstations - these are small groups of people who have left main community centres to occupy traditional lands~ There are currently 95 reported outstations with a population of 780 people and these are supported by_ communities because of the social and cultural benefits. Servicing outstations is often difficult, which. is mainly due to access problems. • Environmental planning and management - in addition to Commonwealth and Queensland Governments services, communities and local groups have begun to re establish an interest in managing their environment. Problems include securing Government recognition and obtaining adequate resources for training, equipment and operational funding. 6 Community Aspirations
During Stage 1 of the CYPLUS process, a survey was undertaken to determine the values, needs and aspirations of indigenous and non-indigenous residents. The survey was not intended to make any distinction between Aboriginal and Torres Strait Islander views nor to
Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY VII Executive Summary
capture the views of visitors. Because of the relatively low number of respondents (67 indigenous and 102 non-indigenous respondents) and the fact that six of eight randomly selected Aboriginal communities declined to participate, the results provide an indicative rather than a definitive view of community aspirations.
Many of the values, needs and aspirations of residents relate to the same issues, and these are that: • They value highly their unique physical environment, their family and friends, and their culture and lifestyle. • Their needs relate to basic social and physical infrastructure, and to protection of the things they value. • They have aspirations for a balanced, well-planned future which incorporates preservation of their physical and social environment.
Residents aspire to redress the negative aspects of their location without losing the positive. They recognise that the ability to service communities is made more difficult by distance and isolation, but seek access to fundamental standards of service and infrastructure.
Aspirations of participation in decision-making processes and community involvement in planning were clearly expressed in Stage 1. In general, a sense of powerlessness was common in responses from Aboriginal, Torres Strait Islander and non-indigenous respondents. • The main aspirations expressed by Aboriginal and Torres Strait Islander respondents were securing tenure over traditional land, preservation of the natural environment and traditional culture, retention of a relaxed lifestyle, improved education, health, and transport, and controlled development of tourism. • The main shared aspirations expressed by non-indigenous respondents were retention of a relaxed lifestyle, preservation of the natm:al environment, improved services and infrastructure, and ensuring that the pace of change is gradual and sustainable. Non-indigenous respondents have widely differing aspirations on some matters such as · upgrading of roads.
7 Administrative arrangements
The following are the perceived characteristics of the current administrative arrangements on Cape York Peninsula:
• There are some 32 Commonwealth Government agencies, 6 corporations established under Commonwealth legislation, 24 Queensland Government agencies, 17 local government agencies, and 8 non-government organisations with responsibilities and/or interests in the use and management of resources on Cape York Peninsula. • There are jurisdictional overlaps between and within different spheres of government in areas such as fisheries management and coastal zone management. • There are jurisdictional gaps, particularly in the area of rural land (e.g. service provision in Aboriginal and Torres Strait Islander communities).
CAPE YORK PENINSULA LAND USE STRATEGY · Society and Culture Executive Summary VIII
• There is confusion about the interface between Aboriginal and Islander Community Councils and mainstream local governments. • Whilst effective work is being done on improving the scope and efficiency of administration on Cape York Peninsula in some areas, the current system of administrative arrangements for land and resource use appears to be characterised by complexity, areas of duplication, areas of confusion, ongoing processes of change, and opportunities for improved coordination and inter-agency relationships. These issues require further investigation. Of a more positive note is the excellent working relationships between the Aboriginal Coordinating Council and the Cape York Land Council, and the potential of the Far North Queensland Regional Managers Forum to increase departmental coordination,
Progress is being achieved towards better integrated and coordinated administrative strategies by new legislation, statutory and other planning instruments, industry plans, and improved community development initiatives.
However, it should also be noted that these plans are being prepared in the absence of an overall policy framework for Cape York Peninsula.
8 Key policy issues
A number of key policy issues were raised in the Land Us~ Program studies and from agency and community consultation. The yardstick for issues identification was the set of principles underpinning Ecologically Sustainable Development, as well as specific issues arising from the Queensland Government's response to the Royal Commission into Aboriginal Deaths in Custody.
• National and International obligations - a number of national and international obligations need to be taken into consideration on the environment, delivery of services to indigenous people, and legal reform. • Reconciliation - the Commonwealth and Queensland Governments recognise that reconciliation between Aboriginal and non-Aboriginal communities must be achieved if community division, discord and injustice to Aboriginal people are to be avoided. • Self-determination - the Commonwealth and Queensland Governments recognise the need for indigenous people to be involved in decision-making. • Land ownership/native title - the Commonwealth and Queensland Governments recognise that living standards in many Aboriginal and Torres Strait Islander communities cannot be improved without security of land title. • Environment and resource management - there is a need for a balance between traditional resource use by indigenous people and environmental protection by governments. • Infrastructure - a balance between mainstream and indigenous funding arrangements and benchmarks is required to set appropriate standards for infrastructure delivery. • Service delivery - there is a need for adequate services for indigenous communities as well as appropriate cultural protocols for service delivery.
Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY IX Executive Summary
• Administration - improved resourcing and better communication is needed . • Consultation - more frequent and more effective public participation is required in all decision-making and the requirements of self-determination observed. • Coordination between government agencies - better coordination of government services is required. 9 Information gaps
Information gaps have been identified from the Natural Resource Analysis Program, the Land Use Program, community and agency consultation, and from a critical analysis of the Stage 1 reports during the preparation of the theme reports.
Key gaps either in the data, or the understanding which eould flow from an analysis of such data, are in the following areas: • Indigenous and non-indigenous cultural sites - lack of a comprehensive inventory of sites and areas of cultural significance to Aboriginal and Torres Strait Islander people and areas of historic value associated with early European and Chinese settlement of Cape York Peninsula, in particular relating to the mining and pastoral industries. • Aboriginal and Torres Strait Islander aspirations - lack of detailed information about the aspirations of Aboriginal and Torres Strait Islander people. This information is a key input into the issue of self-determination. • Accurate population statistics - lack of information on residents and visitors. Census boundaries are too small and do not conform well to the CYPLUS region.
Comparative analysis of community servicing - lack of reliable statistical information on the relative well-being of Cape York Peninsula people compared with other regions in Australia.
CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture Executive Summary x
IBIS PAGE IS IN1ENTIONALLY UNUSED
Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 1 INTRODUCTION
1.1 Background
Cape York Peninsula is a diverse and important region of tropical Australia (see Figure 1). It covers approximately 137,200 square kilometres and has a current population of about 18,000 people. In particular, Cape York Peninsula is: • Culturally important as the traditional homelands of Aboriginal people and Torres Strait Islanders who live there or associate with the region. It is also of cultural significance and home to many non-indigenous people. • Ecologically important with some of the few tropical environments in the world that remain essentially unaffected by industrialised society. • Economically important for its mining, fishing, tourism and pastoral industries. Its natural resources are also essential to the maintenance of a subsistence economy which makes an important contribution to the economy and quality of life of many residents. The Cape York Peninsula Land Use Strategy (CYPLUS) was established as a joint initiative of the Queensland and Commonwealth Governments in 1992 to provide a vehicle for the establishment of regional land and land-related resource use objectives within the context of Australian and Queensland Ecologically Sustainable Development policy. Preparation of the Strategy consists of a program incorporating three stages: • Stage 1, which incorporates data collection, issues identification, and analysis of opportunities and constraints for existing· and future land use. • Stage 2, which will involve the development of strategic directions for land and resource use in the form of principles, broad policies and mechanisms for their implementation which will be recommended for government approval. • Stage 3, which will be the Strategy implementation phase . The program is now near the end of Stage 1. Stage 1 has involved the production of individual reports under the Natural Resource Analysis Program (NRAP) and the Land Use Program (LUP). Stage 1 culminates in the production of four summary reports, incorporating three thematic reports and an overview report, that integrate the information gathered to date. These will effectively summarise and communicate the main findings of Stage 1 and provide a sound information _base for the implementation of Stage 2. The Terms ofReference for this project are included in Appendix A.
CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 2
The three thematic reports consist of: • Natural Resources and Ecology of Cape York Peninsula . • Land Use and Economy of Cape York Peninsula . • Society and Culture of Cape York Peninsula (this report) . Together, these provide a regional overview of: • Current land and resource uses . • Land and resource use potential. • Constraints evident from existing information and trends which could limit certain uses. The key elements of the above reports are consolidated and integrated into a fourth report (Overview of Current Resources, Land Uses and Issues) which provides an overview of ecologically sustainable land and resource use issues, broad land and resource use potential and the types of opportunities which might present scope for positive action in the short term. The abbreviated tables of contents from the these three other reports are included in Appendix B, and the overall Stage 1 report structure is shown below. ·
Report structure of Stage 1 of CYPLUS
INDIVIDUAL NRAP AND LUP PROJECT REPORTS 1 1 1
NATURAL LANDUSEAND SOCIE1YAND RESOURCES AND ECONOMY CULTURE ECOLOGY THEME REPORT THEME REPORT THEME REPORT ~ l / I STAGE 1 OVERVIEW REPORT I
Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 3
1.2 · Study area
The CYPLUS project covers both land and resources use, including water resources up to the three mile limit. The area covered is Cape York Peninsula from the Cook Shire boundary, the Wujal Wujal Community, the Mitchell River and the Nassau River (Teatree Creek) in the south to Cape York including Thursday Island, Horn Island and other islands of the Prince of Wales group of islands in the north. It does not include other Torres Strait islands, nor the Great Barrier Reef and the Gulf of Carpentaria beyond the three mile limit. (see Figure 1)
The study area covers a nominal 13,720,000 hectares. It should be noted that some of the Stage 1 studies quoted in this report refer. to slightly different areas due to variations in the data sets used. In this report the terms study area, Cape York Peninsula and the Peninsula refer to the CYPLUS study area.
1.3 Information base
As part of Stage 1, a large amount of information has been gathered on the natural, economic and social resources of Cape York Peninsula. Given the relatively short period of time available for data gathering and the large area of Cape York Peninsula, it was not expected that the data collection could be absolutely comprehensive. As is common with most survey work, many of the studies have collected data at a series of point locations which have been subsequently used to infer general trends across Cape York Peninsula. None the less, the resultant information base represents a very valuable foundation for land use planning in Stage 2.
A summary of the Stage 1 programs which provided these data is provided in Appendix c.
1.4 Role of Ecologically Sustainable Development in CYPLUS
The Cape York Peninsula Land Use Strategy will be a framework for making decisions about use and management of natural resources on Cape York Peninsula in ways that will facilitate Ecologically Sustainable Development (ESD). A summary of the role of Ecologically Sustainable Development in CYPLUS is provided in Appendix D. Where relevant, the principles of ESD are described in the thematic reports with respect to resource use and management. •
\
CAPE YORK PENINSULA LAND USE STRATEGY s.ociety and Culture 4
1.5 Purpose of this report
The purpose of this report (Society and Culture) is to present an integrated overview of social and cultural issues on Cape York Peninsula. This report describes the: • Historical perspectives. • Communities on Cape York Peninsula. • Cultural values . • Servicing of communities . • Community aspirations . • Administrative arrangements . • Key policy issues . • Information gaps. Readers of this report should be aware that: • It is a compilation of studies done by others and has not involved original research or data collection. • It presents information and research findings only and does not include recommendations regarding resource allocation, land use or management.
1.6 The Study Team
This report has been prepared by Environment Science and Services (NQ) with the assistance of a number of specialist advisers. The study team composition and key roles are as set out below.
Name Or2anisation Role Dr Bruce Wannan Environment Science and Project manager; services; aspirations; Services (NQ) policy issues Mr David Rivett Environment Science and Project director; community structures; Services (NQ) policy issues Dr David Pitts Environment Science and Administrative arrangement; policy Services issues Mr Geoff Meadows Familv Resource Services Social issues Mr Dermot Smyth D Smyth and C Bahrdt Historv; social issues
1.7 Reference to Stage 1 studies
As detailed above, this report is based on studies mostly undertaken as part of Stage 1 of the CYPLUS process. In the text, these studies are cited by numbers from 2 to 63 in brackets, e.g. (25). The titles aod authors for all studies.are identified in Appendix C.
Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 5 2 HISTORICAL PERSPECTIVES
2.1 Introduction
The purpose of this chapter is to provide an introduction to the settlement patterns and cultural values of Cape York Peninsula by briefly examining the history of the area. This is important as this history has led to the current patterns of land use and settlement.
As noted in the Land Use and Economy theme report, there are many histories of Cape York Peninsula, some of which see the same events from very different perspectives. For example, what is described as settlement and colonisation by non-indigenous histories may be viewed by Aboriginal people and Torres Strait Islanders as invasion, murder, and the taking-by-force of traditional lands by the Europeans. Well-intentioned missionary activities may have brought Christianity to indigenous tribes, but this was often at the expense of existing cultural affiliations and even family groupings.
While it serves little purpose to be critical in assessing the events of the past, as they too were the result of the perspectives and values of the times, a brief history is important to the understanding of the present situation. This brief overview of the history of Cape York Peninsula supplements the historical origins of current land use provided in the Land Use and Economy theme report and focuses on the background to the current pattern of settlement.
Because the Cape York Peninsula Land Use Strategy is focused on developing a management regime for multicultural society, this history dwells on the history of interaction between the indigenous cultures and the Europeans. It is recognised that in doing so it is effectively ignoring the rich oral history of the millennia-old Aboriginal and Torres Strait Islander culture.
2.2 Recent Aboriginal history
As noted in the Land Use and Economy theme report, ancient Aboriginal history is recorded orally by the stories and ceremonies of the numerous clan groups of Cape York Peninsula. These tell of hunting, gathering, fighting, and nurturing the land, sea and resources of the region. The oral history also records momentous events, such as rising sea levels, cyclones, droughts, fires and the coming of the Europeans.
Aboriginal history is also recorded in the distribution and populations of contemporary Aboriginal communities which exist not only as a result of Aboriginal culture, society and traditional tenure, but also as a result of European settlement. with its attendant resource exploitation and settlement.
CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 6
The earliest recorded contact between Europeans and the Australian continent was on Cape York Peninsula when William Janz in the Duyfken made contact with the Aboriginal Wik people at Cape Keer-weer in 1606, ten years before Dirk Hartog landed on the Western Australian coast.
The European colonists who subsequently settled the area defeated the Aboriginal inhabitants at the several frontiers of European settlement which flowed across the length and breadth of Cape York Peninsula.
The first of these was the sea frontier which, though it did not directly dispossess Aboriginal people of their lands, severely disrupted social and economic life for coastal groups, especially on the eastern and northern coasts of Cape York Peninsula. The effect of the need for Aboriginal labour on the beche-de-mer, trochus and pearling boats of 19th century Cape York Peninsula can still be seen in the distribution of contemporary Aboriginal communities. By 1897 the east coast had been "worked out" by the fishing boat captains - meaning that by that time, the supply of able-bodied Aboriginal people on the east coast had been depleted by previous recruiting drives, which involved abduction and murder (13).
It was the possibility of the transfer of these labour recruiting practices to the west coast that encouraged the then Queensland Government to introduce , the Aboriginal Protection Act 1887 which, despite its culturally inappropriate drawbacks, enabled many of the western coastal Aboriginal groups to survive and to develop into the five Aboriginal communities on the west coast today (Mapoon, Napranum, Aurukun, Pormpuraaw and Kowanyama).
From the latter part of the nineteenth century, many Aboriginal people moved to missions · and government settlements, ·often hundreds of kilometres from their homelands. Some of this migration was voluntary while in many cases it was at the orders of "Protectors" - orders which were not subject to redress (13). The most recent relocation occurred during the 1960s when the Aboriginal residents of Mapoon on the west coast and Lockhart River on the east coast were moved to two new settlements near the tip of Cape York (13).
The pastoral and mining frontiers also brought major and irrevocable change to Aboriginal society on Cape York Peninsula. The pastoral industry physically displaced traditional owners from their homelands, a process which was often assisted by the use of military-style punitive actions against any Aboriginal groups which resisted the takeover of their lands. Although no longer the owners of their countries, many Aboriginal people were able to maintain contact with them through employment in the pastoral industry.
The mining frontier was also characterised by conflict but, unlike the pastoral industry, mining tended to produce less long term benefits for Aboriginal people. Until recently, there has been little incentive for the mining industry to negotiate agreements with
Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 7
Aboriginal people over the use of their traditional country. On the west coast in particular, a large area of land which had been set aside as an Aboriginal Reserve was converted to a mining lease following the discovery of bauxite (aluminium ore) in 1955. The 350,000 hectare Aboriginal Reserve was reduced to 124 hectares in 1959. Although the mining company subsequently surrendered over 260,000 hectares to the Crown, this land was not re-gazetted as Aboriginal Reserve.
Over the last decade, relations between mining companies and Aboriginal peoples have improved, as evidenced by royalty, compensation and employment packages which have been negotiated for several large mines on Cape York Peninsula.
Recent years have been characterised by increasing recognition of Aboriginal peoples' rights and interests in Cape York Peninsula. The passage of the Aboriginal Land Act 1991 (Qld), the Mabo High Court decision in 1992, the Native Title Act 1993 (Cwlth), the Native Title Act 1993 (Qld), the response of both the Commonwealth and Queensland Governments to the findings of the Royal Commission into Aboriginal Deaths in Custody, and the increasing involvement of Aboriginal people in the management of National Parks and Marine Parks, have all contributed to this process of recognition. The increasing recognition of the rights of Aboriginal people is placing them in a strong position to influence the pace and direction of change on Cape York Peninsula.
There has been some positive aspects of interaction between indigenous and non indigenous cultures and there has been, at times, involvement in the enterprises introduced by the colonists, settlers and their descendants over the last two hundred years. These enterprises include the pastoral, mining, tourism and services industries.
2.3 Torres Strait Islander perspectives
The CYPLUS study area includes the continental islands of the Prince of Wales group off the tip of Cape York Peninsula. A history of the study area therefore also includes some of the history of.the Torres Strait Islander peoples and their contact with European explorers, fishermen and settlers. As for Aboriginal people, this contact had both peaceful and violent aspec~s.
The Prince of Wales group was the home of the Kaurareg, whose traditional country included the islands and surrounding s~a. In 1869 the Kaurareg living on Muralag (Prince of Wales Island) were forcibly moved to Kiriri (Ha_mmond Island) and later to Moa before finally settling on Narupai (Horn Island). Attempts by the government in 1922 to again move the Kaurareg, this time to the mainland, were successfully resisted and Wasaga Village on Narupai remains the main Kaurareg settlement in the region.
Following the Second World War, many of the indigenous people of Saibai Island, a low mud island near the Papuan coast and the northernmost part of Queensland, voluntarily relocated to the mainland near the tip of Cape York Peninsula at Bamaga.
CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 8
This new settlement was soon followed by another nearby coastal settlement at Seisia, also populated by Saibai Islanders. Although these settlements are physically located on the traditional country of mainland Aboriginal people, they are legally and administratively regarded as part of Torres Strait, and the residents of Seisia and Bamaga retain strong links with the people and culture of Saibai Island.
2.4 Non-indigenous history
As noted in the Land Use and Economy theme report, there have been three main periods of European settlement and activity and these have involved the search for mineral deposits, fisheries extraction, the growth of the pastoral industry, defence use, and the recent growth of the tourism industry.
In other parts of Queensland, the pastoral industry was the first European activity of any significance to be established, but on Cape York Peninsula it was the mining industry that came first. In September 1873, James Venture Mulligan led a party of 100 Georgetown diggers with 300 horses and bullocks to the Palmer Goldfield, blazing a track across 200 miles of country. Other prospectors came by sea to Cooktown, from where a trail to the Palmer was cleared under the direction of surveyor A.C. Macmillan.
While cattle were first introduced in 1865 by the Jardine brothers, who had established the settlement of Somerset on the tip of Cape York Peninsula two_ years earlier, it was not until the discovery and development of the Palmer River goldfields in the early 1870s that the industry achieved any size. The rapid population growth created an increased demand for meat production resulting in the establishment of Cape York Peninsula's early cattle stations over the following 20 years.
Following the collapse of gold mining during the first half of this century, pastoral activity declined and most non-indigenous people left Cape York Peninsula. With the introduction of Brahman cattle and the demand from the American hamburger market in the 195~s, the beef industry experienced a revival over the next two decades.
In 1955, bauxite was discovered on Aboriginal land at Weipa with exploration, surveying, mapping and drilling commencing the following year. In more recent years, mining of silica at Cape Flattery and kaolin at Weipa has been initiated. Production still continues at all of these sites.
Non-indigenous land use and community numbers on Cape York Peninsula are largely related to the mining and pastoral industries. As mining viability waxed and waned, so has the size of the communities supported by mining. Cooktown is a good example of this situation, as the town supported a population of 7,000 in 1873, only one year after gold was discovered on the Palmer River. By 1880 there were 24 hotels and several banks and the population reached a peak of 30,000 in 1884, only to gradually dwindle to its current size of 1,500.
Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 9
2.5 The legacy of conflict
A review of the history of Cape York Peninsula over the past 400 years (13) shows that contact between indigenous and non-indigenous cultures has ranged between the extremes of peaceful co-existence and partnership on the one hand and murder and massacre on the other. Cape York Peninsula is not unique in this respect, as the same situation has occurred throughout Australia. While both groups have had the experience of being perpetrator and victim of violence, it has been the indigenous population which has suffered the brunt of the conflict. In the 1991 Royal Commission into Aboriginal Deaths in Custody referred to in (28), Commissioner Elliot Johnson, QC, states:
That Aboriginal people were dispossessed of their land without benefit of treaty, agreement or compensation is generally known. But I think little known is the amount of brutality and bloodshed that was involved in enforcing on the ground what was pronounced by the law. Aboriginal people were deprived of their land and if they showed resistance they were summarily dealt with. The loss of land meant the destruction of the Aboriginal economy which everywhere was based upon hunting and foraging. And the land use adopted by the settlers drastically reduced the population of animals to be hunted and plants to be foraged. And the loss of land threatened the Aboriginal culture which all over Australia was based upon land and relationship to land. These were the most dramatic effects of European colonisation supplemented by the decimating effects of introduced disease to which the Aboriginal people had no resistance. These matters are understood to a very imperfect degree by non-Aboriginal society (1.4.2).
Commissioner Johnson continues (28):
The consequence of this history is the partial destruction of Aboriginal culture and a large part of the Aboriginal population and also disadvantage and inequality of Aboriginal people in all the areas of social life where comparison is possible between Aboriginal and non-Aboriginal people (1.4.19).
This situation has been recognised by the Queensland Government in its 1992 response to the Royal Commission. Policies have been and are being developed to address such wide-ranging issues as reconciliation, self-determination, and land ownership (refer to Chapter 8), as well as a host of other measures aimed at improving the lot of / indigenous people- in the fields of health, education, and community services. Within this policy framework, it is important for future managers to recognise that the colonisation of the Peninsula has often involved the dispossession of the non-indigenous population and the demise of much of its culture.
Previous events have had a large influence on the current pattern and characteristics of settlement of the remnant Aboriginal and Torres Strait Islander populations. In
CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 10 recognising these facts and then moving forward in a spirit of reconciliation, progress can continue to be made in implementing government policies such as self determination and leading towards a future of harmonious multiculturalism as is aspired to by many indigenous and non-indigenous inhabitants of Cape York Peninsula (35).
Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 11 3 COMMUNITIES ON CAPE YORK PENINSULA
3. 1 Introduction
There is a long history of human contact with the physical environment of Cape York Peninsula. It is known that Aboriginal people have inhabited the area for tens of thousands of years and Torres Strait Islanders for at least one thousand years. During this time, these two indigenous groups have developed their own balance with nature.
The long history of human habitation and interaction on Cape York Peninsula challenges the popular notion of the area being a vast "wilderness". The concept of "wilderness" generally implies notions of unpeopled areas, whereas the whole of Cape York Peninsula has been occupied by Aboriginal people for millennia and has experienced European contact for nearly 400 years.
This chapter describes the communities now resident in the CYPLUS study area in terms of: • Details of settlement patterns . • Details of major categories of settlement and population . • An overview of demographic and economic data . The concluding section deals with the human resources of the CYPLUS area.
3.2 Details of settlement patterns
Fieldwork undertaken as part of Stage 1 (23) has indicated that, in 1994, it is likely there was a resident population of between 17,605 and 18,023 on Cape York Peninsula. This is in excess of the official 1991 Census figure of 16,743 which is believed to involve an undercount primarily of the Aboriginal and Torres Strait Islander population and visitors from the other statistical divisions within Cape York Peninsula (23).
Table 1 below is based on the 1994 estimate (23) and the data have been sorted on population and rearranged into a broad hierarchy of: • Towns (1,000 residents or greater) . • Small towns and settlements (recognisable population aggregations) . • Cattle properties . This table includes an assessment of the numerically dominant racial group using Census data quoted in (23).
CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 12
T a bi e 1: n·1str1 "b ut1on. o f POPIul at10n . Places Population (includes Dominant population 1 outstations ) Towns frreater than or equal to 1,000) Thursday Island 3,500 Torres Strait Islander Weipa 2,500 Non-indigenous Cook:town 1,500 Non-indigenous Bamaga 1,200 Torres Strait Islander Napranum 1,080 Aboriginal Kowanyama 1,012 Aboriginal Hopevale 1,000 Aboriginal Aurukun 1,000 Aboriginal Subtotal 12,792
Small towns and settlements Hom Island (Wasaga Village) 600 Torres Strait Islander lnjinoo 500 Aborilrinal Lockhart River 470 Aboriginal Wuial Wujal 458 AboriE:inal Pormouraaw 438 Aboriginal Bloomfield/ Avton 384 Non-indigenous Coen 365 Non-indigenous Umagico 250 Aboriginal NewMapoon 250 Aboriginal Rossville 200 Non-indfaenous Prince of Wales Island 150 Torres Strait Islander Mapuna Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 13 Reference to the above table and Table 2 reveals that the population distribution shows the following characteristics: • Nearly 13,000 people (71 % of the population) live in towns of 1,000 people or greater, over 4,500 (25%) in small towns and settlements, and the balance (nearly 700 or 4%) on cattle properties. • Approximately 7,500 people (42% of the population) live in the three largest towns of Thursday Island, Weipa and Cooktown. • Over 6,600 people (37%) live in major Aboriginal communities and nearly 5,570 (31 %) in Torres Strait Islander communities (although not all residents of such towns are Aboriginals or Torres Strait Islanders respectively). 3.3 Types of communities 3.3.1 Introduction The above figures indicate a surprisingly urbanised society characterised by distinct racial groups. This assessment is also made in (23) where four main types of settlement were identified. These are described below in terms of these main categories, namely: • Urban centres. • Aboriginal communities. • Torres Strait Islander communities . • Pastoral communities . Visitors form a further category for discussion. 3.3.2 Urban centres There are a number of urban centres which lie outside of Deed of Grant in Trust lands (Aboriginal areas) and are gazetted as towns. In most cases they contain a predominantly non-indigenous population together with Aboriginal and Torres Strait Islander people. There is a distinct hierarchy in the population of these urban centres: • The three towns of Thursday Island (population 3,500), Weipa (population 2,500) and Cooktown (population 1,500). • The hamlets of Coen, Laura, Lakeland Downs, and Wasaga Village on Horn Island. • The localities, consisting of scattered habitation and indistinct delineation, such as Ayton, Rossville, Portland Roads and Prince of Wales Island. Each urban centre was established to fulfil particular service infrastructure requirements. Thursday Island and Cooktown were established as ports, the former for the beche-de mer, trochus and pearling industries, the latter as a port for the Palmer River goldfields. Weipa and Coen were established as mining towns. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 14 Lakeland Downs and Laura were established as small service centres for pastoral and agricultural industries, and Wasaga Village grew from the fact that the l_-Iom Island airport required regular ferry transport between Wasaga and Thursday Island. The localities have emerged as small communities of people pursuing alternative lifestyles or who crave isolation. Based on (23), there are eleven urban centres with a combined population of 9,385. In some of these centres (e.g. Thursday Island, Coen, and Wasaga), Aboriginal and Torres Strait Islander people form a majority of the population. 3.3.3 Aboriginal communities The current pattern of Aboriginal and Torres Strait Islander settlement on Cape York Peninsula generally reflects the past actions and policies of governments and European residents and does not reflect traditional groupings. The history, social composition, land and resources and traditional affiliations for most of the 10 designated Aboriginal communities of Cape York Peninsula have been identified (13, 23, 35). Nine of these communities occupy Deed of Grant in Trust lands (former Aboriginal Reserves), while the remaining one (Aurukun) has been established as a Shire under the Local Government (Aboriginal Lands) Act 1978. In referring to Table 2, it should be noted that Mapoon is not a designated Aboriginal community. All Aboriginal communities have unique histories and socio-cultural compositions, based on the make-up of pre-colonial societies and the local impacts of non-Aboriginal . settlement and related government policies over the last 100 years. These different histories have resulted in Aboriginal communities which differ in size, cultural homogeneity, language use, economy, relia_nce on subsistence food hunting and gathering and other characteristics. In spite of these important differences, the Stage 1 studies (9, 13, 23, 28) have concluded that the .Aboriginal communities of Cape York Peninsula have many features in common. These include: • Aboriginal communities are the result of the relocation of many Aboriginal groups during and following the colonial period; they are refugee communities mostly founded during the first half of this century, though the most recent communities (New Mapoon and Umagico) were only established in the 1960s. • All communities are home to Aboriginal people from more than one cultural group, and experience social tensions as a result. • In addition to the constituent clan and language group identities which still remain strong, communities have developed their own communal identities, as expressed, for example in regional events such as dance festivals (especially the biennial Laura Festival) and sporting competitions. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 15 • All communities receive considerable financial support services from the Commonwealth and Queensland Governments. • Most communities are economically poor and the average household income is just on or below the poverty line (23). • · Levels of health, education, home ownership, life expectancy and employment are considerably lower than for other Queensland communities (23, 28). • Until recently, all communities have been administered under strict government and/or church control which denied individual rights of residents to move freely, manage their own financial affairs, engage in cultural practices or educate their children about their language and culture. • All communities are currently undergoing a revival of interest in cultural ( knowledge, language and the resolution of traditional land affiliations. Estimates of community populations, an indication of the major cultural affiliations of residents, and the areas of Cape York Peninsula to which those affiliations relate, are given in Table 2. Tbl2a e : P opulti a ons, &oUI> a ffili1 ations. an dian d a ffili atmns. o fthe ml\JOr Ahor121.na .. I commum 1es Community Population Grouo affiliations Land affiliations Wuial Wuial 400 Kuku-Y alandji Cooktown to Mossman Hopevale 1000 Kuku-Yimidhirr and others Cooktown to Princess Charlotte Bav Lockhart 450 Wuthathi, Kuuku-ya'u, Uutaalnganu, Princess Charlotte Bay to River Umpila, Lama Lama, Kaniu Cape York Umagico 250 Wuthathi, Kuuku-ya'u, Uutaalnganu, Princess Charlotte Bay to Umpila, Lama Lama, Kanju Cape York Injinoo 500 Seven Rivers people, Wuthathi, Jardine River to Shelburne MacDonnell River people Bav NewMapoon 250 Tjungundji and others Port Musgrave Napranum 950 Awngthim and others Weipa region Mapoon 150 Tiun11U11dii and others Port Musgrave region Aurukun 1000 Wik and others Pera Head to Holroyd River Pormpuraaw 425 Thaayorre, Yir Yoront Holroyd River to Mitchell River Kowanvama 1000 Yir Yoront, Koko-bera, Kunjen Mitchell River delta Total1 6375 Source: Study team compilation and (13). KEY 1: This total does not represent the total indigenous population of the region. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 16 Although known as Aboriginal communities, the population of these settlements also includes a small number of Torres Strait Islanders and non-indigenous people, many of whom are employed in service delivery, including health, education and law enforcement. Associated with Aboriginal communities are what are termed "outstations". Outstations are small groups of people (based on a family or clan grouping) who h~ve left main community centres to re-occupy traditional lands. The outstation movement has been operating for approximately 20 years and is continuing to gather momentum. See Figure 2 for locations of outstations. Outstation populations are included with the relevant community in Table 2 above. In addition to these major communities, there are significant Aboriginal populations in all towns and settlements in the region. These include Ayton, Rossville, Lakeland Downs, Laura, Coen, Cooktown and Weipa, as well as in the two Torres Strait Islander communities of Bamaga and Seisia. 3.3.4 Torres Strait Islander communities The Torres Strait Islanders population is much more concentrated than the Aboriginal population (23) and most Torres Strait Islanders occupy two main areas. The first, the Prince of Wales Island group off the tip of Cape York Peninsula, is the home country of the Kaurareg people which are now resident in Wasaga Village on Narupai (Horn Island). This community contains approximately 600 people (23) and remains the main Kaurareg settl~ment in the region. · The second main group originated on Saibai Island but now live on the mainland near the tip of Cape York Peninsula at Bamaga and Seisia. The residents of Seisia (120 people) and Bamaga (1,200 people) retain strong links with the people and culture of Saibai Island. 3.3.5 Pastoral communities As noted in the Land Use and Economy theme report, pastoral properties accounted for . 57.2% of the land mass of the study area in 1994. They have a long history, as the first pastoral properties were established in the 1870s. A total population of 690 people are scattered amongst 124 properties (see Figure 2) across Cape York Peninsula. Of this population, 422 people (61 %) are permanent residents and the remainder are transient (23). Members of the pastoral community see themselves as a group of people who share a common interest in the cattle industry and a common lifestyle. The pastoral community on Cape_ York Peninsula is made up of widely separated homesteads together with associated infrastructure such as fencing, watering facilities, stockyards and station equipment. The homesteads are typically a small and isolated collection of buildings Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 17 gathered adjacent to an airstrip, river or billabong. Pastoral properties are usually vast tracts (average of 83,000 hectares) of lease-hold land where cattle are grazed. 3.3.6 Visitors Although visitors do not constitute a community due to their transient nature, they do form a significant proportion of the population of Cape York Peninsula. They are made up of: • Visitors from outside Cape York Peninsula (i.e. tourists) . • Visitors from within Cape York Peninsula (i.e. residents) . While definitive figures for either category of visitors are not available, the number of visitors on Cape York Peninsula on Census night in August 1991 was approximately 2,500 and of this number 2,000 might have been tourists (23). Based on the tourist numbers recorded on Census night, the Population report (23) estimates that 32,000 people visit Cape York Peninsula per eight month tourist season. According to the Tourism report (31) visits to the study area are concentrated in the south-east, with estimates of up to 60,000 people per year visiting Cooktown (1994 figures). As the popularity of Cairns as a destination for tourists from Australia and overseas grows, it is probable that increasing numbers of tourists will want to experience the attractions of Cape York Peninsula. · Most of the tourist activities on Cape York Peninsula are nature-based, such as camping, hunting and fishing, and recreational 4- wheel driving. 3.4 Overview of demographic and economic data As noted above, there is a high concentration of"the population of the CYPLUS area into urban types of settlement and there is a distinct racial separation of the population between communities. The demographic statistics for the study area outlined below, except where stated, are based on the 1991 Census (23). Statistics for service provision are provided in Chapter 5. • Population. The population of the study area had: • a birth rate of 18.1 per 1000 people • a death rate of 8.6 per 1000 people • a natural population increase of 0.95% per annum • an average life span of 49 years compared to the average life expectancy of Australian males of 72 years and females of 78 years (63) • an average population growth rate of 3.7% per year (1986-1991) due to return migration and natural increase, as well as resulting from economic growth associated with tourism. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 18 • Age. Cape York Peninsula had a youthful population, with 30% of the population being less than 15 years old compared to 22% for Australia as a whole. In Aboriginal and Torres Strait Islander communities the figure was closer to 40%. However, only 7.4% of the population was aged between 15-19. This decrease in the 15-19 years category may be due to migration out of the area for employment and education. • Sex. Overall, there was a higher percentage of men (54.5%) than women . However, there were marginally more Torres Strait Islander women (1,660) than men (1,563) on the Peninsula. • Racial background. Census figures suggest that over half of the population of Cape York Peninsula· was indigenous (either Aboriginal (31.9%) or Torres Strait Islander (20%)). In fact, due to Census undercounting (23), this combined figure is likely to be 60%. This is substantially greater that the overall Australian average for Aboriginal and Torres Strait Islanders of 1.4% (1986 Census). • Language. Over two-thirds of Cape York Peninsula residents spoke only English . One fifth of residents spoke Aboriginal languages. • Income. Some 42% of people over 15 years of age in Cape York earned less than $12,000 in 1991. Based on the mean household size of 4.3 persons, about 17% of households were probably below the poverty line of $15, 600. • Education. 80% of the population aged 5-14 years attend primary or secondary schoo~. This proportion indicates that some children are starting school later than 5 years and/or leaving school before they reach 15 years. Over 10% of the population aged over 15 years left school before they reached 15 years. Almost 2% did not go to school. Only 3.4% have an undergraduate diploma and 3.3% have a Bachelor's degree. • Employment. 22.5% of employees are labourers. A high proportion of workers (16.7%) are trades persons. The relatively high proportion of managers (8.9%) and professionals (8.5%) is likely to be related to: • relative importance of the public administration sector for employment (9) • the limited economic base of the region. Almost 50% of single parents on Cape York Peninsula are unemployed. • Families. The definition of a family in this survey excludes single person households. The statistics indicate that: • 20.2% of families are single-parent families (compared to 12.5% for Queensland as a whole) • 36.5% of families are made up of the conventional two-parent family with dependent offspring structure • 32% of families are made up of other offspring (grown-up children) and other related individuals • 22% of all families and 32% of single parent families have six or more residents • the mean household size is 4.3 persons . Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 19 • Migration. There is a high rate of migration into and from Cape York Peninsula with an average annual rate of in-migration of approximately 2%. This is believed (23) to be an under-estimate. The general trends in migration are: • continued out-migration of small (unspecified (23)) numbers of young people for educational opportunities • continued in-migration of Aboriginal and Torres Strait Islanders in response to improved economic conditions including increased housing and indigenous land ownership • in or out migration in relation to decisions made by Comalco at Weipa • gradual increase in retirement migration to Cooktown and other coastal communities • in-migration for military purposes • increased in-migration of tourist operators and workers according to tourist numbers. 3.5 Human Resources One of the important resources of any region is that of its people. The human resource base in the CYPLUS area is relatively limited (23), lacking in both breadth and depth. This reflects the limited size of its population (approximately 18,000), coupled with the lack of employment opportunities which recognise and provide incentive for continual skill formation, even in the more populous parts of the reg10n. Given that earning power is a direct reflection of skill/productivity, substantial polarisation in the skills base is evident. Weipa enjoyed an average earnings leve11 in 1991 above that of the North Queensland urban areas, but average incomes per person in most of the Aboriginal and Torres Strait Islander communities in 1991 were just on the poverty line (23). The value of the per-person poverty line was not· specified in (23). The following statistics from the 1991 Population Census are of note: • An exceptionally large proportion (around 75%) of the population on Cape York Peninsula was unqualified, compared to 64% Queensland wide. • Less than two thirds of people in employment worked in skilled or semi-skilled occupations, compared to 77% for Queensland as a whole. 1 The following extract from (23) explains how this average income figure was determined. "'.!be mean annual income was calculated in a rather round about way. The Census data does not include average incomes, but groups the population into income categories. These were shown in tables for the whole of Cape York Peninsula in the Population Report. To make this comparison between communities, the mid range of each income category was multiplied by the population in that category, aggregated, and divided by the total income earning population (excluding significant numbers of not stated). Some of the rural Collection Districts are very small in population, so that the high incomes of a few people can distort what may otherwise be a low mean inc.ome". CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 20 • There was a lack of participation in acquiring skills by formal education. Only 80% of children 5 to 14 years of age in ·cape York Peninsula were attending school. Employers frequently resort to sourcing skilled labour _from outside the region and there is a limited capacity for the region to generate self-improvements· in its array of available skills, particularly outside Weipa. Educational systems and learning networks through which vocational training can be obtained on Cape York Pehinsula are meagre according to the opinion of local residents (28). 3.6 Summary of population Based on the 1991 Census and other findings of the Population report (23) and the previous discussion, the following broad conclusions can be drawn: • The population of the CYPLUS area was approximately 18,000 in 1994 (1994 figures were used as it is recognised that the 1991 Census figures may involve an under-count). • There is a distinct hierarchy in the population, with nearly 13,000 people (71 % of the population) living in towns of 1,000 people or greater, over 4,500 (25%) in small towns and settlements, and the balance (nearly 700 or 4%) on cattle properties. • The population lives in four main types of settlements, namely urban centres, Aboriginal communities, Torres Strait Islander communities, and pastoral communities. Visitors constituted a population of approximately 2,000 on Census night in 1991. • Approximately 7,500 people (42% of the population) live in the three largest towns of Thursday Island, Weipa and Cooktown. • Over 6,600 people (37%) live in major Aboriginal towns or communities and nearly 5,570 (31 %) in Torres Strait Islanders towns or communities (not all residents of these communities are Aboriginals or Torres Strait Islander respectively) • The population is relatively urbanised and is characterised by three distinct racial groups, namely Aboriginal (31.9% ), Torres Strait Islander (20% ), and non indigenous (48.1%)in1991. These figures probably contain a Census under-count of the Aboriginal population. • There is a distinct racial separation of the population between communities, with only 5 of the study area's 38 Collection Districts being able to be described as racially mixed. • Aboriginal communities do not entirely reflect original groupings and are the result of dispossession and forced relocation. • Generally the population is relatively financially poor and disadvantaged. While poverty percentages are not vastly different from Queensland average, incomes in the CYPLUS area are artificially buoyed by the Community Development Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 21 Employment Projects scheme, boosting the average by about $2,000 (1991 figures). • There is substantial polarisation in socio-economic characteristics across the study area. Weipa enjoys an average income level above that of North Queensland urban areas, but the average income in most of the Aboriginal and Torres Strait Islander. communities is on or below the poverty line. • A large proportion of the population (around 75%) is unqualified, compared to 64% Queensland-wide. • There is a significant shortfall in school attendance, with only 80% of 5 to 14 year olds attending school. • The population is youthfuL with an age structure more like that of a developing country than the Australian pattern. • Household size and house occupancy levels are high, with high levels of overcrowding . • Single parent families make up a significant proportion of households (20.2%, compared to 12.5% in Queensland as a whole). • Numbers of in-migrants and visitors are both increasing, with Thursday Island and Weipa having the largest number of migrants. The population of Cape York Peninsula is highly mobile. This is influenced by such factors as the traditional mobility of the Aboriginal population, the way that Aboriginal and Torres Strait Island populations were relocated by authorities prior to the 1970s, and the lack of economic ties to particular locations. The non-indigenous .population can also be expected to be more mobile than its urban or southern counterparts, particularly in regards to the Ill.ining and tourism workforce. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 22 1HIS PAGE IS IN1ENTIONALLY UNUSED Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 23 4 CULTURAL VALUES 4.1 Introduction Chapter 2 of this report has outlined the history of the CYPLUS area while the other two theme reports have described the resources and use to which these resources have been put by the region's people. In addition to nature conservation and economic values already described, these resources have cultural values which reflect the history of the various communities, their spiritual perceptions, and events of importance to their way of life. For all cultures, the resources of the CYPLUS area have cultural values which reflect the history of the various communities, their spiritual perceptions, and events of importance to their way of life. The purpose of this chapter is to provide an overview of cultural values of Cape York Peninsula from the perspectives of the three main communities residing on the Peninsula: • Aboriginal communities. • Torres Strait Islander communities . • Non-indigenous communities . Prior to describing the particular values ascribed by each of these groups, an overview is provided of the value systems or yardsticks relevant to each group. 4.2 Aboriginal cultural values 4.2.1 Overview of value system As·previously noted, for the many Aboriginal communities in the study area, Cape York Peninsula and its surrounding waters comprise a mosaic of ancestral home "countries" or clan estates. All of Cape York Peninsula and surrounding waters were an Aboriginal domain prior to colonisation. The natural resoui;ces of Cape York Peninsula and its surrounding waters formed the basis of the Aboriginal economy and Aboriginal cultural practices and beliefs were indivisible from the natural environment. Aboriginal cultural values therefore include a strong focus on family and wider kin relationships and responsibilitie.s. These kinship responsibilities extend to relationships with land, animals and plants. Kin-based groups are the primary social and economic units for Aboriginal society, in contrast to the individual or nuclear families of the general Australian society. A place in the kinship system also provides individual and group identities that are central to the lives of Aboriginal people. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 24 ore specifically, these kin-based values are expressed in an enduring commitment to t aditional land and sea estates, even among people who no longer live in the original I an estates. For younger people who have grown up in communities away from their i t aditional lands, the values associated with attachment to land may be weaker, but the ense of belonging to a kinship group, and gaining individual identity from it, remains trong. Commitment to land implies a continuing interest in caring for sacred sites and managing the environment. This includes the practical and ceremonial management of habitats and species, as well as engaging in hunting, fishing and gathering. These activities not only contribute significantly to household economies and nutrition, but also reinforce the values of attachment to land and sea, and provide a public demonstration of that attachment. In addition to these land and kinship based values, Aboriginal people, like others on Cape York Peninsula, place a high value on improving education, health, housing and law and order in communities. Most Aboriginal communities retain close links with their land and. have a strong understanding of its religious importance. This generally reflects as a web of interrelated places interwoven with each other - not as individual "dots on the map" of "sacred sites". There are also archaeological sites which increasingly are of contemporary importance to communities as evidence of past associations with the land, and may be politically useful to land claims. Historic places are also important to Aboriginal people as part of their recent past and their links with non-Aboriginal settlement on the Cape. 4.2.2 Sites of significance The Aboriginal view of heritage is that it is not public, that is, it is owned: heritage is not a matter of sites, but a relationship between culture and landscape. This relationship exists over most of the Peninsula (5). Notwithstanding this view, there are 13 sites or areas of significant Aboriginal cultural value currently listed on the Register of the National Estate (5). These registered cultural places are:. Cooktown area: • Blackwood Island - a site of mythological significance to Aborigines . • Bathurst Bay Area - an area containing many Aboriginal rock paintings and archaeological occupation deposits and burials. • Bathurst Heads - a major art and residential site . • Cape Melville - the focus of the major carpet snake myth of the area . • Clark Island - a traditional centre for male ritual activities, the resting place of two cultural heroes and ari area of paintings. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 25 • Denham Island - a major Moon-myth site . • Stanley Island - an important mythological place and art site . • Quink.an Country - some of the best and largest bodies of prehistoric art in the world. • Koolburra Aboriginal Sites - an area containing many rock art sites and occupation sites. • St George River Aboriginal Sites - the site of engravings which are important examples of early rock art in Australia. Other sites : • Cape Keer-weer (Aurukun) - an area which symbolises the first recorded cultural contacts between Aboriginal people and Europeans. • Weipa Shell Mounds Area (Weipa) - an area containing more than 300 Aboriginal shell mounds of most impressive and unusual size and form. • Flinders Island - an integral part of the mythological complex of the Flinders Group. 4.3 Torres Strait Islander cultural values 4.3.1 Overview of value system Like Aboriginal people, the Torres Strait Islander view of heritage involves the ·interlinking of culture and landscape. Values include a focus on kin-based groups as a source of personal identity, and a strong attachment to home islands and environments. This connection to traditional islands and sea country has been retained by Torres Strait Islanders who have relocated to live at Bamaga, Seisia and other communities on Cape York Peninsula (and elsewhere in mainland Australia). 4.3.2 Sites of significance There are no registered sites or areas of significant Torres Strait Islander cultural value currently listed on the Register of the National Estate (5). 4.4 Non-indigenous cultural values 4.4.1 Overview of value system The heritage and cultural values of non-indigenous people in Cape York Peninsula are strongly related to the mining and pastoral industries and have a strong historical focus. Unlike the Aboriginal and Torres Strait Islander peoples, non-indigenous Australians do not generally attach spiritual or religious significance to the land. The pastoral industry in Cape York Peninsula has tended to be economically marginal and some of the participants in this industry may remain in it to pursue cultural values that include outdoor lifestyle, working with animals, the attraction of isolation and CAPE YORK PENINSULA LAND USE STRATEGY Society and Cu I tu re 26 access to remote recreational activities. this is an aspect of non-indigenous cultural values which remains to be properly researched and documented. Non-indigenous cultural values include scientific and wilderness values which have been discussed in the Natural Resources and Ecology theme report. They also include broader aspects of contemporary culture such as religion, art, drama, literature, sport and recreation. A discussion of these latter values is not relevant to this report as they are not concerned with the future land use strategy, although they are arguably aspects to be taken into account in considering servicing communities. 4.4.2 Sites of significance Unfortunately, the non-indigenous cultural values of Cape York Peninsula are inadequately documented. Some sites of historic and landscape significance· are listed or are nominated for listing on the Register of the National Estate (5), but sites and places of social and aesthetic importance to communities have, in many cases, not been researched. There are 18 sites or areas of significant non-indigenous cultural value currently listed on the Register of the National Estates. These registered cultural places are: Cooktown area: • Annan River Road Bridge - a long, distinctive, metal girder bridge built to service the Palmer River goldfields. • Bathurst Bay Area - includes places with historic interest such as shipwreck sites and a recruiting station for lugger crews. • Cape Melville - the scene of several wrecks and mass drowning of lugger crews in the 1890s. • Cook's Monument - of historical significance as an early memorial commemorating James Cook's landing at.the Endeavour River. • Cooktown Powder Magazine - a rare example of an early powder magazine in Queensland. •. • James Cook Historical Museum - an historic Cooktown building originally built as a convent in 1886-89. • Mary Watson's Cottage Ruins (Lizard Island) - a reminder of the tragic death of the wife of a beche-de-mer fisherman. • Mrs Watson's Monument - a monument of townscape and historical significance. • Westpac Building:- listed for its architectural merit. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 27 Laura area: • Alexandra Stamper Mill Complex - a relatively intact and rare example of a stamper mill remaining in the Palmer River goldfields area. • Chalmers to Maytown Coach Road - this road is of historical interest for its early association (1877) with gold mining on the Palmer River goldfields and of technological interest for its methods of road construction. • Palmer River Goldfield Four Deep Mines - these four mines and associated battery ruins are the principal surviving evidence of a major Australian goldfield. • Wild Irish Girl Ore Stamper - of great technical significance as the only intact surviving mill on the Palmer River goldfields. Other sites: • Cape Keer-weer (Aurukun) - an area which symbolises the first recorded cultural contacts between Aboriginal and European cultures. • Flinders Island - one of the earliest recruiting centres in the 19th century for the lugger trade. ' • Possession Island National Park (Somerset) - the site where Captain James Cook · proclaimed possession of the east coast of Australia. • Raine Island Beacon (Raine Island) - an early vernacular building in northern Australia and of significance as a monument to the colony's development of marine navigation aids around the coast of Queensland. • Stonyville Township, Water Race and Chinese Cemetery - probably the last remaining complex of sites associated with early alluvial mining by Chinese on the Palmer River goldfields. 4.5 Documentation of cultural values The Australian Heritage Commission is of the view (5) that, considering the area of Cape York Peninsula, there are relatively few cultural places either entered in the Register of the National Estate or nominated to the Register. There are current studies of historic mining sites which may lead to further nominations but so far no comprehensive regional assessments of non-indigenous cultural values have been undertaken. With respect to indigenous cultural values, the Australian Heritage Commission report (5) notes that such values arise from the relationship between culture and landscape, and that this relationship exists over most of Cape York Peninsula. Nonetheless, it is likely that many more "sites" of particular importance remain to be documented. The Aust~alian Heritage Commission recommend that any such documentation needs to be directed and owned by the relevant Aboriginal and Torres Strait Islander communities and also that the widespread nature of indigenous cultural values be recognised in future land use planning. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 28 TIIIS PAGE IS INTENTIONALLY UNUSED Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 29 5 SERVICING COMMUNITIES 5.1 Introduction In general, the provision of services and infrastructure is· directly correlated to the size and proximity of communities to each other. In Cape York Peninsula however, this general trend is confined to the "mainstream" towns of Thursday Island, Weipa and Cooktown and excludes the large Aboriginal and Torres Strait Islander communities. In other locations, the delivery of basic services exhibits some weaknesses according to residents (28). For example, while the west coast communities of Kowanyama, Pormpuraaw and Aurukun have a combined population of nearly 2,500 people, there is no resident doctor at any of those communities. It would be difficult to find a community of this size without a resident doctor elsewhere in Australia. According to Far North Queensland Family Resource Service, compared to Aboriginal communities in Northern Territory and West Australia, communities on Cape York Peninsula are undersupplied with basic services and infrastructure related to health (G. Meadows, pers. comm.). Historically, Cape York Peninsula has relied strongly on the financial expenditure program of the Aboriginal and Torres Strait Islander Commission (ATSIC), or its progenitor the Department of Aboriginal Affairs to supply and improve services and infrastructure (28). Few mainstream services~ are being delivered on Cape York Peninsula outside of Weipa and Cooktown (28). According to respondents to the survey on infrastructure, across the spectrum of Cape York Peninsula the adequacy of service delivery to many Aboriginal or Torres Strait Islander communities, and the cultural appropriateness of delivery of services, is considered to be sub-standard as measured against the standards enjoyed by residents in most urban centres of similar size in Australia (28). The rest of this chapter describes the provision of community services (28) to the people of Cape York Peninsula under the following categories: • Health . • Family support services . • Housing . • Water and waste disposal. • Energy and power. • · Transport . • Communications. • Education . .. Consumer and financial services . • Recreation and visitor services . • Safety services . CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 30 • Legal services. • Outstations. • Environmental planning and management. Except where indicated, the information presented in this chapter is derived from the Services and Infrastructure report (28), and when an opinion is offered in respect of the adequacy of a service, this comment has been made by the author of that original report on the basis of the survey of respondents and the consultant's professional opinion. A summary of relevant information provided in that report and described below is contained in Table 6 which has been placed in the summary of this chapter (Section 5.16). Issues identified from the Values, Needs and Aspirations report (35) have been included where appropriate. 5.2 Health - A range of health services is provided on Cape York Peninsula including hospitals at Bamaga, Coen, Cooktown, Weipa and Thursday Island. Health care centres and access to the Royal Flying Doctor Service are available at most towns and communities (see Table 6). The residents' response to the survey described in (28) was that staff shortages and a frequent lack of cultural awareness amongst service providers were key obstacles in the provision of effective health delivery. The four major community health problems identified by residents of Cape York Peninsula include: • Alcohol abuse. • ·Poor diet. • Lack of environmental health education. • The need for more doctors. Aboriginals in Cape York Peninsula have health indicators that are significantly below the national average for mortality, morbidity and a range of diseases (Epidemiology and Health Information Branch, Queensland Health 1994). There is a limited range of health indicators available for Aboriginal and Torres Strait Islander people on Cape York Peninsula. Those indicators available suggest that, compared to the Queensland population as a whole, Aboriginal and Torres Strait Islander people have: • 2.3 times the prenatal death rate . • 2.2 times the neonatal death rate . • 4.5 times the mortality rate for adults between 20 and 69 years . • 2 times the overall mortality rate, and individual disease mortality rates of: • 10 times for cervical cancer • 2 times for heart disease • 14 times for alcoholism Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 31 • 9 times for pneumonia • 6 times for chronic respiratory disease • 4 times for diabetes • 4 times for hypertension • 4 times for injury. • Hospital admission rates are twice as high as for non-indigenous people in remote areas, with admission rates being: • 19 times as high for infection • 10 times as high for diabetes. Service provision is also less than that of other communities in Queensland with: • 305 persons per employed registered nurse in remote Aboriginal and Torres Strait Islander communities compared to 171 for Queensland as a whole (1988). • 2,635 persons per general practitioner in remote Aboriginal and Torres Strait Islander communities compared to 1,217 for Queensland as a whole (1990). It is noted (23) that at one Aboriginal settlement (Lockhart River), compared with the Queensland average, an Aboriginal resident is: • 288 times more likely to suffer from diabetes . • 6 times more likely to die of cardiac disease . • 10 times more likely to die of respiratory disease . While infant mortality rates have improved on Cape York Peninsula with a comprehensive immunisation program, rates are still higher than the national average. Diabetes control and nutrition are still major problems despite significant efforts in this area. The unavailability of birthing centres in the region is a major concern to Peninsula communities. The medical system requires that many pregnant women go to Cairns to have their babies. For Aboriginal and Torres Strait Islander people this is culturally inappropriate because of their strong identification with the birth place and birthing process. Not giving birth to children in their own community is a significant cause of cultural dislocation and disorientation. The significance of this issue appears not to be well understood by health professionals and policy makers. 5.3 ~Family support services According to the Services and Infrastructure report (28), family support services are generally limited. A network of child-care facilities exists at most Cape York Peninsula communities (see Table 6). Women's shelters have been set up in a number of communities including Lockhart Riv·er, Aurukun and Bamaga. Some communities have formal women's shelters, while in other areas an "underground" or "grass .roots' system of shelters has developed. Some women are evacuated to Cairns and then put up in crisis care. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 32 A range of aged care facilities exist throughout Cape York Peninsula, although the appropriateness of such facilities has been questioned (28). Residents' attitudes towards the aged care homes have a tendency to be negative, as such institutions are often seen as a last resort or as a place to go to die. Although young peoples' programs are intermittently scattered throughout Cape York Peninsula, there was generally an expressed need by residents for more recreational opportunities for young people. 5.4 Housing In 1991 only 16.3% of the population owned or was purchasing a house (23). In Aboriginal and Torres Strait Islander communities, most housing is owned by the council which also provides maintenance and repair services (see Table 6). By a number of indicators, the general standard of housing in the study area appears to be below Australian community standards in Aboriginal communities, Torres Strait Islander communities, and on pastoral properties. Specifically, referring to the Census statistics and other material contained in (23), across the Peninsula: • There is a mean household size of 4.3 persons which is well over the Australian mean of approximately 3 persons . • 82% of households have houses of 0-3 bedrooms . • Over 25% of households on Cape York Peninsula have five or more persons living in houses with only three or fewer bedrooms . Over -crowding was considered a problem by residents at all Aboriginal and Torres Strait Islander communities surveyed. Over-crowding may have a role in exacerbating alcohol-related problems and disturbances such as domestic violence and disruption to schooling. Housing issues, such as over-crowding and sub-standard quality, are seen as a major constraint to the improvement of the long term health and education prospects of communities on Cape York Peninsula. In non-indigenous communities a chronic housing shortage, rather than over-crowding, is considered (28) to restrict opportunities to increase the numbers of nursing, education and other service providers living in the communities. This appears to be a problem in all centres including Cooktown and Weipa. On pastoral leases, the insecurity of tenure tends to operate as a disincentive to the provision of higher quality housing (R. Wincen, resident, pers. comm.). 5.5 Water and waste disposal Cape York Peninsula has one of the most reliable rainfall regimes in Queensland, although periodic droughts do occur, as the intensity and duration of wet seasons varies considerably from year to year. The only major dam in the area is a high level reservoir on the Annan River which is used for the Cooktown water supply (30). Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 33 Groundwater supplies 90% of the study area's water supplies (52). The Karumba Basin alone provides water to 60% of the population of the study area including Weipa, Kowanyama, two other communities (unnamed) and the Weipa mine. Weipa is the largest user with an annual usage of 63,000 million litres. In rural areas, over half of properties obtain their supplies from nearby rivers. Reticulated water supplies and garbage collection are available at most communities on Cape York Peninsula (see Table 6). Some towns and communities have sewerage while others depend on septic or pan systems of disposal. The Services and Infrastructure report considered that, despite considerable capital expenditure in the last .fifteen years, water supplies and sewerage schemes at Cape York Peninsula communities appear to be of a low standard. Several communities on Cape York Peninsula lack sewerage (see Table 6) and others face serious problems associated with inadequate systems. It is envisaged by the Department of Primary Industries (quoted in (28)) that all communities in the north Peninsula area will have fully reticulated systems within 10 years. Garbage services are provided at most centres on the Peninsula. The Community Development Employment Projects (CDEP) scheme is used to fund garbage collection and management in many Aboriginal and Torres Strait Islander communities. Garbage disposal outside urban centres was also described as problematic, with many beaches and campsites being heavily littered. Litter is a problem in areas experiencing uncontrolled tourism. 5.6 Energy and power The Far North Queensland Electricity Board supplies mains power as far north as Cooktown, Lakeland and 20 kilometres north of Laura. Outside the area of reticulated supply, a variety of other generation arrangements exist. Weipa provides its own power using gas turbine technology, while all the other population centres on Cape York Peninsula use FNQEB-operated diesel power. Most of the pastoral properties generate their own power using diesel powered generators (29). Some residents have reported difficulties with power services that include (35): • Regular power blackouts . • High costs of electricity . • Damage to appliances caused by recurrent power surges . 5.7 Transport The existing transport services infrastructure on Cape York Peninsula has been described as follows (33): • Roads. There are over 3,500 kilometres of gazetted roads of which 2,800 kilometres are under the control of Shire and Aboriginal Councils and are of a low CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 34 standard of construction. The remaining 700 kilometres are roads controlled by the Queensland Department of Transport. These roads are: • Peninsula Developmental Road • Cooktown Developmental Road • Endeavour Valley Road • Shipton's Flat Road • Thursday Island Road. The main local authority (Shire/Council) roads are Mien-Batavia Downs, Moreton-Bramwell and Bamaga roads. These State and local government controlled roads are the Major Arterial Roads on Cape York Peninsula. The remaining gazetted roads are either Arterial or Local roads . • . Aerodromes. The major aerodromes are at Weipa, Lockhart River, Bamaga, Horn Island and Cooktown. There are also sealed runways at Kowanyama and Lakeland. These areas are serviced by regular afr services which vary from 3-12 flights per week. Most of these flights operate to and from Cairns only, making movement between centres on Cape York Peninsula more difficult. • Ports. Some coastal communities rely on barge services using barge ramps . There are also constru~ted wharves at Weipa, Bamaga/Red Point, Thursday Island, Horn Island, Cape Flattery and Cooktown, as well as a privately operated wharf at Ayton. Barges also service these areas. • Bus services. There is a 4WD bus service between Cairns and Cooktown three days a week and a weekly service between Cairns and Weipa. There is a twice daily service between Cooktown and Hopevale. Other services are restricted to school bus services or short range services around towns and communities. • Taxis operate ·at Bamaga, Thursday Island, Weipa, Cooktown and Horn Island . • Ferry services operate between Hammond Island and Bamaga. School services operate between Thursday Island .and Hammond, Prince of Wales and Horn Islands. • Mail services. Air mail services operate within Cape York Peninsula to centres which do not have regular scheduled air services. A regular road-based mail service operates between Cairns and Cooktown five days a week. Mail is delivered by barge to Thursday Island, Bamaga, Weipa and Aurukun. Pastoral holdings receive mail on a weekly basis. • Freight. The majority of freight to communities is transported by barge from Karumba or from Cairns. Sea freight is the major mode of transport to Pormpuraaw, Aurukun, Weipa, Bamaga, Thursday Island and Lockhart River. Road freight is the dominant mode of transport to Cooktown. Only small quantities of freight are moved by air. The following issues were identified by residents in the Values, Needs and Aspiratioris report .(35): • The isolation felt by the lack of regular, affordable public or community transport (particularly in Torres Strait Islander communities). Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 35 • Airstrips and roads are often unserviceable in the wet season . 5.8 Communications Communications technology on Cape York Peninsula has improved dramatically over the last fifteen years, with 75% of people now having access to a telephone. In addition, councils, schools and hospitals now have access to computers and facsimiles. Some areas now have access to video conferencing (e.g. Kowanyama) where, five years previously, they had no easy access to even a telephone. Despite these improvements, many remote rural residents have poor broadcast radio reception (most areas receive only one channel) and all residents are able to receive television only if within close range of satellite receivers. In most cases this means purchase and installation on an individual basis. Some Aboriginal communities operate Broadcasting for Remote Aboriginal Communities Scheme (BRACS) which supplies radio and television services. Remote properties rely primarily on a weekly mail service delivered by air as part of Remote Air Subsidy Scheme. However, many do not receive this service and have to travel long distances on poor roads to collect mail. The Remote Air Subsidy Scheme is currently under review and this has led to the perception that the service is under threat. This has created stress for those people on properties where the mail is their key link to the "outside world" . The weekly mail service is a crucial link for remote communities/properties, and the use of long range remote area communications is increasing. 5.9 Education A network of pre-primary, primary and secondary schools operates throughout Cape York Peninsula communities (see Table 6), although many parents rely on boarding school for their children's secondary education. Pre-schools and primary schools are present at Kowanyama, Pormpuraaw, Aurukun, Weipa Napranum, Weipa North, Bamaga, Lockhart River, Coen, Hopevale, Cooktown, Rossville and Bloomfield River. Secondary grades to grade 10 are present at Kowanyama, Aurukun, Lockhart River, Hopevale and Bloomfield River. High schools (to grade 12) exist at Weipa North, Bamaga, and Cooktown. The School of Distance Education operates classes by radio for isolated children on properties, boats, and communities without schools. There are no school facilities on outstations at Aurukun, Port Stewart and Mapoon. These outstations are beyond commuting distance to existing schools. There are TAPE colleges at Cairns, Mossman and at Normanton (all outside the CYPLUS area) and campuses have been established at Weipa and Thursday Island as CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 36 annexes of the Cairns College. Open Learning Centres also operate at many communities and towns. Language problems and low literacy levels impede educational opportunities. Many children on Cape York Peninsula speak English as a second or third language. Unstable home environments, exacerbated by alcohol abuse by parents, tiredness caused by over crowded housing, and poor health all affect students' access to educational facilities. High teacher turnover rates also create . obstacles to the provision of appropriate education services. It is largely for these reasons that 64% of respondents from the survey of 75 residents indicated that they were not happy with the quality of schooling in Cape York Peninsula. 5.10 Consumer and financial services Major centres for consumer services include Cooktown, Thursday Island and Weipa where supermarkets, speciality shops, and a range of maintenance facilities are available. Aboriginal and Torres Strait Islander communities generally have a limited range of goods for sale, and larger centres such as Kowanyama stock basic white goods. The basic range of goods available within Cape York Peninsula is supplemented for the purchase of clothing and household items by centres outside Cape York Peninsula (such as Mareeba and Cairns), as well as by mail order and other remote services. Full banking services are available in Cooktown, Thursday Island and Weipa, although the Weipa bank is in the process of closing down. Most communities are served by branches of the Commonwealth Bank (Table 6). 5.11 Recreation and visitor services There are few structured recreational facilities and visitor services outside Cooktown, Weipa and Thursday Island (see Table 6). While there is considerable interest in nature-based and cultural tourism on Cape York Peninsula, current activities are largely uncoordinated. However, the Aboriginal tourism industry on Cape York Peninsula is in its embryonic stages with a number of enterprises being established. For example, the Kowanyama community operates a recreational camping and fishing business from June to October on its Deed of Grant in Trust area. The Injinoo community owns and operates the Pajinka Lodge as well as a number of tourist-related businesses. Hopevale and Wujal Wujal have shops that sell traditional items, and both Hopevale and Injinoo have books available through the community councils, which outline the history and culture of the regions. Umagico and New Mapoon have plans to develop campsites in their areas. The National Parks and Wildlife Service of the Queensland Department of Environment and Heritage provides visitor facilities in some protected areas (see Table 3). Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 37 T a bi e 3: Y.ISitor f:ac· il ities in NationaIP ar ks on C ape Yor kP enmsu . a. National Park Picnic Barbecue Drinking Toilet Shower Walking Camping table water trail ~ound Jardine River + + + + + Iron Range + + + + Archer Bend + Rokeby + Lakefield + + + + + Flinders Group + Caoe Melville Lizard Island + + + + + + + Endeavour River Mt Cook + Black Mountain Hooe Island + + Cedar Bay + Mitchell & + Alice Rivers Source: Department of Environment and Heritage 1995. 5.12 Safety services A range of Police, Fire, Ambulance and Emergency Services is provided in towns and communities (see Table 6). There is a mixture of State Police and Community Police at many of the Aboriginal and Torres Strait Islander communities (see Table 4 below). Tbla e 4: Pli0 CIDl?ID .. Aboril?ina andT orres Strait . I sI and er commum·r 1es Community State Police Community Police Bamaga + + Hom Island + Thursday Island + Iniinoo + NewMapoon + Umagico + Aurukun + + Napranum + Weioa + (continued over) CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 38 Table 4: Policin2 in Abori2inal and Torres Strait Islander communities (cont). Community State Police Community Police Coen + Lockhart River + + Hopevale + Cooktown ( + Laura + Kowanyama + + Pormpuraaw + + Wuial Wuial + Source: (28) The following issues were.raised in regard to the provision of these services (28): • Community Police powers are not well defined . • The relationship between police employed by the Queensland Police and the Community Police employed by Aboriginal and Torres Strait Islander Councils is not clear. • Fire fighting equipment is sparse, with 12 communities having no operational fire fighting group. 5.13 Legs/services Court houses are located at Cooktown and Thursday Island. The circuit court visits Bamaga, Coen, Lockhart River, Weipa, Kowanyama and Pormpuraaw. Tharpuntoo Legal Service is an Aboriginal corporation, funded by ATSIC, which provides legal aid to Aboriginal and Torres Strait Islander people on Cape York Peninsula. The service provides legal representation on magistrate court circuits as well as representation for clients appearing before district and higher courts. Private legal services are available in Cooktown and Cairns. It is considered (28) that the legal system is generally inadequate, mainly due to: • The large numbers of cases being considered in local courts. • Inadequate legal representation available from legal services due to client load (frequently 20-40 clients per day). • Little choice of legal representation . • Poor access to courts from some communities due to lack of transport. The other main area of legal services is the processing of land claims. The major body representing land claims is the Cape York Land Council. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 39 5.14 Outstations As previously noted, outstations are small groups of people (based on a family or clan grouping) who have left main community centres to re-occupy traditional lands. The outstation movement has been operating for approximately 20 years and is continuing to gather momentum. An estimated 2,00CJ pt:ople live on, or aspire to live on, outstations on Cape York Peninsula (13). The number of outstations and the populations which are established on a permanent, seasonal or occasional basis are described in Table 5, while their locations are shown on Figure 2. Tbl5Pa e : opu I' ations an d permanencv o f outs tafIODS Outstation Number Population Permanent 53 485 Seasonal 15 249 Occasional 27 46 Total 95 780 Source: Study team compilation Outstations are considered to be a community organisation that has positive health and cultural benefits for residents. They are supported by communities and family leaders for cultural and social reasons (29). These include: • To pass on stories and language on traditional land . • To be self-sufficient. • To be able to hunt and fish . • To be able to look after the land. • To be free from social conflicts that typify many of the communities . However, the servicing of outstations poses many challenges to service providers (28) related to the: • Difficulty of access from main centres due to poor roads and long distances . • Redistribution of resources from main centres, which may already be in short supply, to smaller and more disparate groups on outstations. Consequently, the existing level of resources available to outstations is variable. 5.15 Environmental planning and management Chapter 7 details the many government services applied to environmental planning and management. These include the management of· protected areas, assistance with farm planning, control over clearing in water courses and on leasehold land, management of mining leases, and licensing under environmental protection legislation. In addition to . the services provided by Commonwealth and Queensland Government agencies throughout the region (detailed in Chapter 6), communities and local groups have begun to re-establish an interest in managing their environments (e.g. Kowanyama CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 40 Aboriginal Land and Natural Resources Agency). This recent re-establishment of indigenous natural and cultural resource management has had mixed support from government. Some of the indigenous natural resource management agencies are finding it difficult to provide adequate resources for training, equipment and operational funding. It was resolved at the 1994 Cape York Land Summit that environmental planning and management should be recognised by government as an essential service that is equivalent to health, housing and education. To this end the following were seen as necessary steps: • Establishment of a Regional Land and Sea Resource Agency (under the umbrella 9f the Cape York Land Council). • The employment of community environmental planning and management officers . • The employment and resourcing of Aboriginal Community Rangers . 5. 16 Summary of services The information provided in the Services and Infrastructure report (28) has been summarised in Table 6 below. This table shows that the basic backbone of physical and social infrastructure is in place. As noted in (28), there have been rapid and at times dramatic improvements in the standard of services, and a shift in cultural awareness. Increases have been noted in the number of Aboriginal nurses, teachers, rangers and police. Despite these improvements, there appears to be a need to establish benchmarks of what is appropriate in terms of service delivery. It has been argued (28) that, although such benchmarks are yet to be derived, the residents' survey suggests that there are un-met expectations in terms of basic water supply, sewerage, health, transport and education. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 41 T a bie 6: Summaryo f service d e Iiverv to commumtles on c ane Yor kP enmsu a Health Family support Safety Housing Water Waste Education Consumer Financial Recreation Visitor Communication Legal /Social services Services Sunnlv Man1111ement Services Services Services Services Bamaga Hospital (21 Community Police Community Reticui- Septic&pan Pre-school/ Supennarket, Banking Hall, Basketball Broadcasting for Land bed), Health Development station, housing/ ated system, Kindergarten, Bakery, Take- facilities, courts, Youth Remote Aboriginal claims, care centre, Employment Ambulance, maintenance supply Garbage Primary& away, Business development Communities Legal aid Community Program Fite Service & repairs collection Highschooi Petrol/diesei support & worker Scheme (BRACS), options, Royal (CDEP), (volunteer), Ranger Clothing, advice Post office, Radio Flying Doctor Department of State training, Mechanical Service (RFDS) Social Security Emergency Open repairs, (DSS), Child Services Leaming Canteen, Barge, care, Women's (SES) Airline shelter Horn Health care CDEP,DSS, SES Community Reticul- Pan system, Kindergarten, Wharf BRACS, Radio, Island centre, RFDS housing/ ated Garbage Primary Post office maintenance supply collection school, & repairs Ranger training, Open learning lajinoo Health care CDEP,DSS Community Reticul- Septic& pan Pre-school, Supennarkel, Hall, Basketball Pajinka BRACS, Radio, Land centre, RFDS housing/ ated system, Ranger Canteen courts, Boat wilderness Post office claims maintenance supply Garbage training, ramp lodge & reoairs collection ()pen leaminri; New Health care CDEP,DSS, Community Reticul- Septic&pan Ranger Supennarket, Hall, Basketball BRACS, Radio, Land Mapoon centre, RFDS Childcare. housing/ ated system, training, Canteen courts Post office claims maintenance supply Garbage Open learning & repair8 collection Seisia Health care CDEP,DSS Community Reticui- Septic & pan Open learning Store, Canteen Hall, Basketball Caravan BRACS, Radio, centre, RFDS housing/ ated system, courts, Boat park and Post office maintenance supply Garbage ramp hotel, Taxi & repairs collection Thursday Hospital (60, CDEP,DSS, Police Community Reticul- Sewerage, Pre-school, 29 shops Banking Sports field, Restaurant BRACS, Radio, Island bed), Health Women's station, housing/ ated Garbage Primary& (including a facilities Museum, Lions /accomm- Post office care, Home& shelter Water police, maintenance supply collection Highschooi wide range of lookout, Boat odation, community care Ambulance, & repairs TAFE,Qpen services ramp & launch, Charter project, RFDS SES, Fire learning Swimming pool, boats, Water service Basketball taxi, Travel auditorium, bookings ·Tennis courts, and car Pistol club, rental Bowls club (continued over) CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 42 Table 6: Summary of service deliver v to communities on Cape York Peninsula (continued) Health Family Safety Housing Water Waste Education Consumet" Financial Recreation Visitor Communication Legal support Services Supply Management services services services services /Social services Umaglco Health care CDEP,SES, Community Reticul- Septic &pan Ranger Store, Hall, BRACS, Radio, Land centre, RFDS Childcare housing/ ated system, training, Open Canteen Basketball Post office claims facility maintenance supply Garbage learning centre, court & reoairs collection Aurukun Healthcare Childcare Police Community Reticul- Sewerage, Pre-school, General Boat ramp BRACS, Radio, Land centre, RFDS facility, station, housing/ ated Garbage Primary & High store, Post office claims, intervention Ambulance maintenance supply collection school, Ranger Clothing, Legal aid programme, service, Fire & repairs training, Open Take-away, Women's service learning centre Air service, shelter, Youth (volunteer) Sea carriera crime prevention, CDEP DSS Mapoon Health care CDEP,DSS Community Reticul- Sewerage, Ranger BRACS, Radio, centre, RFDS housing/ ated Garbage training, Open Post office maintenance supply collection learning centre & reoairs Welpa Hospital (16 DSS Police Community Reticul- Sewerage, Pre-school, 23 shops Banking 9 clubs, TAB, Hotel Radio, Post office, Legal aid bed), RFDS service, housing ated Garbage Primary & High including a facilities, Swimming Motel, Sky channel, Ambulance supply collection school, Open wide range Small pool, Sports Camp Television service, Fire learning centre, of services business courts, grounds service TAFE support Library, and advice Theatre Napranum Health care CDEP,DSS Community Reticul- Sewerage, Primary schoo~ Store Youth Land centre, Home housing/ ated Garbage Ranger development claims and community maintenance supply collection training, Open worker care RFDS & repairs leaminiz centre Coen Outpost DSS Police Community Reticul- Septic &pan Primary schoo~ General Banking Radio, Post office, Land hospital, Home station, Fire housing/ ated system, Open learning store, facilities, Television claims, and community service maintenance supply Garbage centre Garage, Small Legal aid centre, RFDS (volunteer) & repairs collection Hotel, Cafe, business Airline support and advice Lockhart Health care CDEP,DSS, Police Community Reticul- Sewerage, Pre-school, Banking BRACS, Radio, Land River centre, RFDS .. Women's station, Fire housing/ ated Garbage Primary & High facilities, Post office claims, shelter service maintenance supply collection school, Open Small Legal aid (volunteer) & repairs learning centre, business Ranger training support and advice (continued over) Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 43 Table 6: Summary of service deliver ' to communities on Cape York Peninsula (continued) Health Family Safety Housing Water Waste Education Consumer Financial Recreation Visitor c'omm11Dicatlon Legal support Services Supply Management services services services services /Social services Cooklowo Hospital (18 CDEP,DSS, Police Community Reticul- Sewerage, Primary & High 21 shops 11 clubs, TAB, Large Post office, Land claims, bed), Health Counselling station, 'housing/ ated Garbage school, Open including a Swimming range of television Legal aid care centre, service, Child Ambulance maintenance supply collection learning centre, wide range pool, Sports services Domiciliary care facility station & repairs Ranger training of services courts, provided nursing, RFDS Library, Theatre Hopevale Healthcare CDEP,DSS, Ambulance Community Reticul- Sewerage, Pre-school, Supermarket, Banking BRACS, Post Land claims centre, Childcare station housing/ ated Garbage Primary schpo~ Hardware, facilities office, Television Community facility maintenance supply collection Open learning Clothing, care, RFDS & repairs centre, Ranger Butcher, training Garage, Cafe Airline Aylon/Wltjal Healthcare CDEP,DSS Community Reticul- Septic, Pre-school, Store, Banking Hall BRACS, Post Land claims Wttjal centre, RFDS housing/ atedflop.-·• Garbage Primary schoo~ Service facilities office maintenance supply collection Open learning station,. & repairs centre, Ranger Butcher, training Freight carriers Lakeland RFDS,Other Ambulance Reticul- Sewerage, Open learning Small services based seivice ated Garbage centre business at Cooktown supply collection support and advice Laura Healthcare CDEP,DSS Police station Reticul- Sewerage, Primary schoo~ Store, Fuel, Small Land claims centre, Home ated Garbage Open learning Hotel, Cafe business and communiiy supply collection centre, Ranger support care, RFDS traininp; and advice Kowanyama Healthcare CDEP,DSS, Police Community Reticul- Sewerage, Pre-school, General Banking Swimming Television, Land claims, centre, Home Childcare station, housing/ ated Garbage Primary & High store, Airline facilities pool, Tennis BRACS, Post Legal aid and community facility Ambulance maintenance supply collection school, Open service, courts office care, RFDS station & repairs learning centre, Cafe, Garage RaMer trainimz Pormpuraaw Healthcare CDEP,DSS, Police Community Reticul- Septic&pan Pre-school, General Cricket Post office, Land claims, centre, RFDS Childcare station, housing/ ated system, Primary , Open store, Hotel, ground, Tennis Television, Legal aid facility Ambulance maintenance supply Garbage learning centre Airline courts", Boat BRACS station & repairs collection service ramn Source: Study team compilation from (28) CAPE YORK PENINSULA LAND USE STRATEGY Society and Cul.ture 44 TIIIS PAGE IS INTENTIONALLY UNUSED Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 45 6 COMMUNITY ASPIRATIONS 6.1 Introduction This chapter outlines the community aspirations of the people of Cape York Peninsula. Community aspirations were surveyed as part of the Values, Needs and Aspirations study (35) from a total of 169 respondents made up of: • Aboriginal and Torres Strait Islanders (40%) . .. Non-indigenous residents (60%) . Aboriginal and Torres Strait Islander communities were under-represented in this study with only two of the eight invited Aboriginal communities participating. In spite of this, 40% of respondents (a total of 67) were Aboriginal or Torres Strait Islander, reflecting a high number of respondents from Thursday Island. The survey results did not distinguish between Aboriginal and Torres Strait Islander people. While community aspirations were recorded in the survey in terms of values, needs, aspirations and hopes for the future, the report noted that the same issues were often raised under each of those headings. 6.2 Aboriginal and Torres Strait Islanders 6.2.1 Values The main values listed by Aboriginal and Torres Strait Islander residents were: • Family and kinship . • Land ownership . • Natural environment. • Health . • Access to recreational and hunting opportunities . • A peaceful and relaxed lifestyle . 6.2.2 Needs The main needs listed by Aboriginal and Torres Strait Islander residents were: • The need to secure land tenure . • Improvement of the standard of education . • Increased access to employment opportunities . • Provision of culturally appropriate housing . • Increased access to public transport . .. Provision of resident doctors . • Improvement of environmental health conditions . • Improvement of law and order enforcement practices and processes . CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 46 • Improvement of communications. • Preservation of hunting and fishing opportunities . 6.2.3 Aspirations The main aspirations listed by Aboriginal and Torres Strait Islander residents were: • Securing of all traditional land tenure . • Preservation of the natural environment. • Preservation of traditional culture . • Retention of a relaxed lifestyle . • Retention of enjoyment of peace and quiet. • Improvement in the standard of education . • Impmvement in the availability of health services . • Improvement in transport options . • Controlled development of tourism . 6.3 Non-indigenous people 6.3.1 Values The main values listed by non-indigenous residents were: • Natural environment. • Relationships and friendships . • Health . • Lifestyle . • Climate . • Safety and security . • Access to recreational opportunities . 6.3.2 Needs The main needs listed by non-indigenous residents were: • Resolution of land tenure uncertainty . • Improvement of the standard of education. • Improvement of health services . • Protection of natural environment and heritage . 6.3.3 Aspirations A range of aspirations were expressed by non-indigenous residents. Not all of these are compatible. For example, some respondents want a bitumen road to the tip of the Cape whereas others hope that roads will not be further developed. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 47 Shared aspirations include: • Retention of a relaxed lifestyle . • Preservation of the natural environment. • Improvement of roads, housing, education and health services . • Ensuring the pace of change is gradual and sustainable . 6.4 Conclusion The Values, Needs and Aspirations study report (35) considered that: Separate analysis of study data for Aboriginal and Torres Strait Islander residents and non-Aboriginal and Torres Strait Islander residents [of Cape York Peninsula] reveals that there is far more commonality and agreement between .. he two groups than there is disparity or disagreement about what is valued and what is needed in Cape York and about the aspirations they hold for the future. The report further noted that: Responses to the Values, Needs and Aspirations questionnaire reflect a strong and important relationship between the people and the natural environment of Cape York Peninsula. They also denote a history of peaceful co-existence of non-indigenous with indigenous peoples, and a desire for [the ]continuation of harmonious multiculturalism in the area. The people of Cape York Peninsula share a number of values,. needs and aspirations: • They value highly their environment, family and friends, culture and lifestyle . • Their needs relate to basic social and physical infrastructure, and to the protection of the things they value. • They have aspirations for a balanced, well-planned future which incorporates preservation of their unique physical and social environment and a form of harmonious multiculturalism. The key aspiration of residents of Cape York Peninsula is to maintain their unique environment and to protect it from substantial change. In particular, they are keen to preserve their: • Lifestyle . • Natural environment. • Peace and quiet. • Family and friendship relationships . Residents sha,re a recognition that they are not normally involved in decision-making processes that affect the region. In general, a sense of powerlessness pervaded . responses from Aboriginal, Torres Strait Islander, and non-indigenous residents alike. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 48 While residents aspire to maintain the quality of their existing environment, they are also keen to improve their fundamental services and infrastructure. Residents recognise that living in an isolated area makes the provision of services more expensive. However, most aspired to improve their basic levels of services and infrastructure. These include access to: • Drinking water supplies . • Regular mail services . • Reliable electricity . • Medical attention . • Adequate shelter. • Transport and communications . These are all basic services that are sought by most Australian communities. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 49 7 ADMINISTRATIVE ARRANGEMENTS 7. 1 Introduction The administrative arrangements are summarised in the balance of this chapter under the following headings: • Legislative framework. • Commonwealth Government roles and responsibilities . • Queensland Government roles and responsibilities . • Local government roles and responsibilities . • Non-government organisations . • Processes for policy integration and coordination . It should be noted that the information provided reporting legislation and other arrangements is current as of September 1994. 7.2 Legislative framework The legislatjve framework affecting the administration of Cape York Peninsula is summarised below in Table 7. Table 7: Lei!islative framework (September 1994) Sphere of Portfolio Acts administered Government Commonwealth Aboriginal and Torres Straitlslander Aboriginal and Torres Strait Islander Affairs including: Commission Act 1989 Aboriginal and Torres Strait Islander Aboriginal Councils and Associations Commission Act 1976 Aboriginal and Torres Strait Islander Native Title Act 1993 Commercial Development Council for Aboriginal Reconciliation Corporation Act 1991 Torres Strait Advisorv Board Attorney General Seas and Submerged Lands Act 1973 Coastal Waters (State Powers) Act 1980 Coastal Waters (State Title) Act 1980 Communications and the Arts Australian Postal Corporation Act 1989 including: Broadcasting Services Act 1992 Australian Broadcasting Authority Australian Postal Corporation 1989 Australia Post Radio Communications Act 1992 Australian Telecommunications Telecommunications Act 1991 Authority Telecom Defence including: Defence Acts Defence Housing Authority Defence Housing Authority Act 1987 (continued over) CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 50 Table 7: Le2islative framework (September 1994)(continued) - Sphere of Portfolio Acts administered Government Commonwealth Employment, Education and Training Aboriginal Education (Supplementary including: Assistance) Act 1989 Australian National Training Authority Australian National Training Authority Women's Employment, Education and Act 1992 Training Advisory Group Employment, Education and Training Act 1988 States Grants (Schools Assistance) Acts States Grants (TAFE Assistance) Act 1989 Environment, Sport and Territories Australian Heritage Commission Act including: 1975 Australian Heritage Commission Endangered Species Protection Act Australian Nature Conservation Agency (1992) Great Barrier Reef Marine Park Environment (Financial Assistance) Act Authority 1977 Environment Protection (Impact of Proposals) Act 1974 Environment Protection (Sea. Dumping) Act 1981 Great Barrier Reef Marine Park Act 1975 National Parks and Wildlife Conservation Act 1975 States Grants (Nature Conservation) Act 1974 Wildlife Protection (Regulation of Exports and Imports) Act 1982 World Heritage Properties Conservation Act 1983 Wet Tropics of Queensland World Heritage Area Conservation Act 1993 Housing and Regional Development Local Government (Financial including: Assistance) Act 1986 Office of Northern Development Urban and Regional Development (Financial Assistance) Act 1974 Industry, Science and Technology Australian Institute of Marine Science including: Act 1972 Australian Institute of Marine Science Australian Industry Development CSIRO Corporation Act 1970 Australian Space Council Australian Space Council Act 1994 Australian Industry Development Industry Research and Development Act Corporation 1986 Science and Industry Research Act 1949 (continued over) Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 51 Table 7: Le2islative framework (Sentember 1994) (continued) Sphere of Portfolio Acts administered Government Commonwealth Primary Industries and Energy Offshore Minerals Act 1994 including: Petroleum (Submerged Lands) Act 1981 Australian Bureau of Agricultural and Fisheries Management Act 1991 Resource Economics Fisheries Administration Act 1991 Australian Geological Survey Biological Control Act 1984 Organisation Quarantine Act 1908 Bureau of Resource Sciences Australian Meat and Livestock Australian Fisheries Management Corporation Act 1977 Authority Rural Adjustment Act 1992 Australian Quarantine Inspection Farm Household Support Act 1992 Service Meat Inspection Act 1983 National Landcare Advisory Meat Research Corporation Act 1985 Committee Torres Strait Fisheries Act 1984 Meat Research Corporation Natural Resources Management (Financial Assistance) Act 1992 Prime Minister and Cabinet Public Service Act 1922 Resource Assessment Commission Act 1989 Economic Planning Advisory Council Act 1983 Social Security Social Security Act 1991 Tourism including: Australian Tourist Commission Act 1987 Bureau of Tourism Research Australian Tourist Commission Transport including: Roads Grants Acts Bureau of Transport and States Grants (Beef Cattle Roads) Act 1968 Communications Economics Queensland Beef Cattle Roads Agreement Acts Treasurer including: Australian Bureau of Statistics Act 1975 Australian Bureau of Statistic~ Income Tax Act 1986 Australian Taxation Office Pay-roll Tax Act 1941 Foreign Investment Review Board Foreign Acquisitions and Takeovers Act 1975 State Premier including: State Development and Public Works Office of the Coordinator General . Organisation Act 1971 Administrative Services including: QPM - property management Q-Build Centre for Information Technology and Communications (.Cl'IEC) Business, Industry and Regional Queensland Small Business Corporation Development including: Act 1990 Qld Small Business Corooration Enterorise Zones Act 1988 Police and Corrective Services Corrective Services Act 1988 Corrective Services (Administration) Act 1988 Drugs Misuse Act 1986 Parole Orders ITransfer) Act 1984 (continued over) CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 52 Table 7: Lesrislative framework (September 1994).(continued) Sphere of Portfolio Acts administered Government Education including: Education Act 1964 State Aboriginal and Torres Strait Islander Education Suooort Centre Emergency Services, Rural Fire Service Act 1990 Communities and Consumer State Counter-disaster Organisation Act Affairs including: 1975 Office of Rural Communities Employment, Training and Industrial Factories and Shops Act 1960 Relations including: Pastoral Workers Accommodation Act TAPE Queensland 1980 State Planning and Development Rural Training Schools Act 1965 Council Vocational Education, Training and Vocational Education, Training and Employment Act 1991 Employment Commission Environment and Heritage including: Beach Protection Act 1968 Wet Tropics Management Authority Contaminated Land Act 1991 Beach Protection Authority Environmental Protection Act 1994 Marine Parks Act 1982 Nature Conservation Act 1992 Queensland Heritage Act 1992 Queensland Marine (Sea Dumping) Act 1985 Wet Tropics World Heritage Protection and Management Act 1993 State Development and Public Works Organisation Act 1971 foart) Family and Community Services Community Services (Aborigines) Act 1984 Community Services (Torres Strait) Act 1984 Health Health Act 1937 Health Services Act 1991 Housing, Local Government and Local Government Act 1993 Planning Local Government (Planning and Environment) Act 1990 Justice and Attorney General Anti-Discrimination Act 1991 Companies Act 1961 as amended Criminal Code Act 1899 as amended Criminal Justice Act 1989 Freedom of Information Act 1992 Land Tribunal Aboriginal Land Act 1991 Torres Strait Islander Land Act 1991 Lands including: Land Act 1962 as amended Rural Lands Protection Board Foreign Ownership of Land Register Act 1988 Rural Lands Protection Act 1985 Aboriginal Land Act 1991 (part) Torres Strait Islander Land Act 1991 (part) Valuation of Land Act 1944 as amended (continued over) Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 53 Table 7: Lel!islative framework (September 1994) (continued) Sphere of Portfolio Acts administered Government Minerals and Energy including: Mineral Resources Act 1989 State Qld Electricity Commission Petroleum Act 1923 FNQEB Electricity Act Primary Industries including: Fisheries Act 1976 Water Resources Commission Fishing Industry Organisation and Forest Service Marketing Act 1982 Qld Fish Management Authority Forestry Act 1959 River Improvement Trust Act 1940 Soil Conservation Act 1929 Torres Strait Fisheries Act 1984 Water Resources Act 1989 Tourism, Sport and Youth including: Queensland Tourism and Travel Qld Tourist & Travel Corporation Corporation Act 1979 Tourism Policy Bureau Liquor Act 1994 Queensland Transport State Transport Act 1960-1981 Transport Infrastructure Act 1994 Transport Infrastructure (Roads) Act 1991 Transport Planning and Coordination Act 1994 State Transport (People Mover) Act 1989 Transport Planning (Passenger Transport) Act 1994 Traffic Act 1949 Treasury including: Queensland Industry Development Qld Industry Development Corporation Corporation Act 1~84 Qld Treasury Corporation Queensland Treasury Corporation Act 1988 Source: Study team compilation. At the Queensland and Commonwealth Government levels, there are a number. of changes underway in the legislative and policy framework in 1994 which will affect administration. These changes include: • Nature Conservation Legislation. The provisions of the Nature Conservation Act 1992 have recently come into effect to provide a "whole of conservation" approach which provides for an integrated and comprehensive conservation strategy, not just within National Parks, but over the whole of the state. It also replaces the Fauna Conservation Act, the Native Plants Protection Act and the National Parks and Wildlife Act. • Coastal Protection Legislation. The Queensland Government released a Coastal Protection Bill in July 1993 and the Act is expected to come into effect in 1995. The legislation will amalgamate and replace existing legislation including the Beach Protection Act, the Canals Act and parts of the Harbours Act. It is intended that the new Act will achieve a better and more integrated approach to coastal zone management in Queensland. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 54 • Environmental Protection Legislation. A new Environmental Protection Act has recently come into effect in Queensland. It replaces the Clean Air Act, the Clean Waters Act and the Noise Abatement Act. Environmental Protection Policies are currently being prepared for water quality, air quality and noise. The Act provides for the transfer of enforcement and other powers to local governments. • Planning and Development Legislation. A draft Planning, Environment and Development Assessment Bill was released by the Department of Housing, Local Government and Planning in May 1995. Amongst other things, it is proposed that the new legislation will consolidate and rationalise planning, subdivision and building legislation, improve dispute resolution processes, and revise requirements for environmental impact statements. Under the new legislation, it is proposed that local government will retain its prime role in operating the development approval system but with the State government having powers to influence decisions which impact on State interests. • Natural Resources Management Legislation. The Queensland Government is working towards . the development of an integrated policy and legislative framework for natural resource management throughout the State. A discussion paper on the Sustainable Use and Management of Queensland's Natural Resources has been released by the Department of Primary Industries. An anticipated outcome of the review process is the development of new legislation to provide a more cohesive framework within which management of natural resources can be implemented. • Integrated Development Approval System (IDAS). The Queensland Government is working towards the implementation of a single approval process with input from relevant agencies but within a single decision-making framework encompassing building, planning and associated land development approvals. The principles of IDAS, which will be addressed in the development of new systems, are: • local government should be the main sphere of government responsible for development approval • no new development approval systems should be introduced • there should be clear connections between policy objectives and the need to comment or give approvals on development proposals • simplified approval procedures should be available for all forms of development (this should include the facility to obtain an early answer as to whether a development concept is acceptable before the expense of detailed investigations is incurred) • all assessment criteria, standards, codes and other information relevant to the approval process should be published and freely available • consistent approaches should be adopted in relation to consultation with other government agencies and the public. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 55 Residents considered that the implementation of IDAS has been hampered by a reluctance of State government agencies to explicitly state their requirements and their policies, preferring to reserve a right of veto or discretionary call in power (8). Despite the role of an Interdepartmental Committee in steering the overall project, respondents considered that implementation is likely to be very long term. This is an issue which requires further investigation. • Land Management Legislation. The Department of Lands produced a White Paper in December 1992 which foreshadowed legislative reform in this area. It is intended to consolidate a number of current Acts, with a view to providing a more clear and simple management framework based to a large extent on concepts of land sustainability, landcare, public interest, consultation and openness in decision-making. Principles of sustainable development are being brought into the legislative and policy framework of all land managing authorities in Queensland. • Community and Local Government Reform. Considerable reform initiatives are being undertaken at a State level to improve efficiency, accountability, and corporate and strategic planning of local councils. One of the initiatives (the Alternative Governing Structures Program) is being administered by the Department of Family Services and Aboriginal and Islander Affairs (Department of Family and Community Services since August 1995). This program recognises that the administrative structures established under the Community Services (Aborigines) Act 1984 may not be appropriate to the needs of individual communities and that in some cases they may run counter to traditional lines of authority. Funds are provided to individual communities to prepare plans which utilise alternative structures for achieving the community's needs. These will then lead to· a review of the legislation, and probably a legal framework which allows for a range of administrative arrangements. Priority is being given to funding these projects for communities on the Cape York Peninsula. A pilot project under this program was the development of a community plan for Aurukun. • Mainstreaming Services to Aboriginal and Torres Strait · Islander communities. Initiatives to mainstream services to Aboriginal and Torres Strait Islander people were initiated by the Public Sector Management Commission 1991 review of the Queensland Department of Family Services and Aboriginal and Islander Affairs. The separation of functions into specialist departments is considered to present opportunities for greater cultural adaption of services, while mainstreaming is likely to produce more equitable distribution of resources on a needs basis (8). • Electoral and Administrative Reform. The report of the Electoral and Administrative Review Commission into the appropriateness of external boundaries of local authorities in Queensland was brought down in 1991 with the recommendations subsequently tabled. The Commission conducted hearings in the Cape York area between August and October 1991 and these were attended by 82 representatives of community councils, Aurukun and Cook Shire Councils and their electorates. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 56 In making its recommendations in relation to external boundaries throughout Queensland, the Commission also recommended amendment to relevant legislation to empower Aboriginal and Islander Councils and other locaJ authorities to enter into formal agreements relating to access roads and land use planning. The Commission further recommended that the Cook and Aurukun Shire Councils, as well as neighbouring Aboriginal and Islander Councils enter into an agreement to share decision-making on land use and access road matters. • Integrated Local Area Planning (IIAP). In 1990, the Australian Local Government Association produced a report which promoted reform of local area planning. In response, the Commonwealth Government created ILAP whose purpose is to establish improved models for local government to provide more appropriate services to meet the needs of local communities. In Queensland, the ILAP program is being administered by the Local Government Association of Queensland. ILAP funded two projects on Cape York Peninsula in 1994-95 via the Wujal Wujal Community Council and the Cook Shire Council. • Land Rights Legislation. Following the introduction of land rights legislation by the Commonwealth and Queensland Governments in 1991-93, a process has been established whereby Aboriginal and Torres Strait Islander can establish formal access to traditional lands. The Queensland Aboriginal and Torres Strait Islander land acts (Aboriginal Land Act 1991 and Torres Strait Islander Land Act 1991) provide a mechanism for identification and grant of "transferable land" (e.g. Deed of Grant in Trust areas) and "claimable land" (as determined by the Act). Under Native Title Legislation (Native Title Act 1993 (Cwlth) and the Native Title Act 1993 (Qld)), common law recognition is given to native title rights where those rights have not been extinguished, and for the payment of compensation under the National Aboriginal and Torres Strait Islander Land Fund for dispossessed title holders. • Recommendation of the Royal Commission into Aboriginal Deaths in Custody. The Royal Commission handed down its recommendations in April 1991. Having investigated the factors relating to Aboriginal deaths in custody, the Commission found that these were broad ranging, relating to loss of culture, poor living conditions, disempowerment, and racial prejudice within mainstream society. In total, 339 recommendations were made by the Commission, and 337 of these were agreed to by the Queensland Government. These cut across the responsibilities of different government and non-government agencies. Implementation of the recommendations · is being overseen by an Interdepartmental Committee through an Aboriginal and Torres Strait Islander Overview Committee, with its own Secretariat. Annual reports are produced to document the progressive implementation of recommendations. Reference is made in Chapter 8 to specific policy issues relevant to Cape York Peninsula. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 57 7.3 Commonwealth Government roles and responsibilities The Commonwealth Government is involved in administrative issues on Cape York Peninsula via: • The responsibilities which are vested in the Australian government as a signatory to international treaties, conventions and agreements such as: • the World Heritage Convention • the RAMSAR convention • migratory bird agreements • the Convention on Biological Diversity • the Torres St~~t Treaty • conventiOns aimed at preventing marine pollution. • Responsibilities for the management of natura~ and economic resources which are under its control (e.g. the Great Barrier Reef Marine Park and fisheries within the Australian Fishing Zone). • The undertaking of investigations and research by agencies such as the CSIRO, the Australian Geological Survey Organisation, the Australian Bureau of Agricultural and Resource Econ~mics, the Australian Institute of Marine Science and the Australian Heritage Commission. • Programs for funding environmental initiatives such as Landcare and the National Estate grants scheme. • The direct management of properties owned by the Commonwealth . • The operation of surveillance and monitoring activities (e.g., Coastwatch and quarantine inspection). • Commonwealth Government decision-making and impact assessment processes . • Specific areas of Commonwealth Government responsibility such as taxation, defence, foreign investment, communications and export control. • Funding programs for infrastructure, employment, industry, landcare, tourism and Aboriginal and Islander affairs. • The use and development of properties owned by the Commonwealth . • Promoting the sustainable, competitive growth of Australia's resource based industries. A summary of key Commonwealth Government agencies and their roles· in administration is provided in Table 8. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 58 T a bi e 8 : Summaryo re ommonweat I hG ovemment a2enc1es and roes I AS?ency Administrative role Aboriginal and Torres Strait Furthering economic, local and cultural development Islander- Commission Employment projects schemes Business funding schemes Economic initiatives schemes Housing loans schemes Aboriginal and Torres Strait To assist and enhance Aboriginal and Torres Strait Islander self- Islander Commercial Development management and economic self-sufficiency Corporation To advance the commercial and economic interests of Aboriginal and Torres Strait Islander people Australian Bureau of Agricultural Economic research into the agricultural, minerals, energy, and Resource Economics fisheries and forestry sectors Australian Customs Service Operation of Coastwatch Surveillance Service Australian Fisheries Management Fisheries management within the Australian Fishing Zone Authority Provision of advice and information on fisheries management in marine and freshwater areas Australian Geological Survey Development of a comprehensive and integrated geo-scientific Organisation knowledge base for the Australian continent Facilitation of improved natural resource management and land use planninJ?; Australian Heritage Commission Establishment and maintenance of the Register of the National Estate Provision of advice to the Commonwealth government on National Estate conservation and preservation Preparation of national wilderness inventory Provision of information on national estate matters Australian Industry Development Facilitation of the establishment and development of Australian Corporation industries Australian Nature Conservation Administration of international conventions, treaties and Agency agreements for the protection of wildlife and habitats Administration of the Contract Employment Program for Aboriginals in Natural and Cultural Resource Management Provision of financial assistance to State government, local government and community organisations Regulation of exports and imports of wildlife Endangered species protection Australian Postal Corporation Supply of postal and associated services within Australia and between Australia and overseas Australian Quarantine Inspection Prevention of the introduction or spread of exotic diseases or Service pests Australian Space Council Provides advice to the Commonwealth government on matters of the National Space Program Formulates programs of national space activities Seeks collaboration from stakeholders, including the private sector, in the implementation of programs Australian Taxation Office Collection of taxation revenue under Federal taxation laws Provision of taxation incentives and concessions for specific industries or economic activities Bureau of Meteorology Provision of weather and climate information Issuing of cyclone, flood, storm and bushfire warnings (continued over) Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 59 Table 8: Summary of Commonwealth Government ai?encies and roles (continued) A2ency Administrative role Commonwealth Environmental Management of Commonwealth environmental protection Protection Agency functions Development of national approaches to air, land and water protection Commonwealth Scientific and Improving competitiveness within primary industry Industrial Research Organisation Developing ecologically sound management principles/practices for the use/conservation of Australia's natural resources Achieving sustainable development in production systems Department of Defence Ensuring the security of Australia and the protection of its people and interests Conduct of defence exercises Construction and operation of defence establishments Department of Employment, Implementation of policies for achieving economic, educational Education and Training and social goals through programs such as: - Aboriginal and Torres Strait Islander Support - Assistance for Isolated Children Scheme - Austudy & Abstudy - Commonwealth Employment Service - Landcare and Environment Action Program - Rural Youth Information Program Dept of Environment, Sport and Principal adviser to the Commonwealth Government on Territories environmental issues Development of integrated policies and programs for protection and conservation of the environment Administration of the World Heritage Convention Implementation of the Biodiversity Convention, the Climate Change Convention and the National Greenhouse Response Strategy Coordination of forest policy and water policy Development of national marine and coastal strategies Development and coordination of environmental databases Foreign Investment Review Board Provision of advice to the Commonwealth government on foreign investment matter Examination of proposals by foreign interests for investment in Australia (generally above a threshold of $50 million) Great Barrier Reef Marine Park Planning and management of the Great Barrier Reef Marine Authority Park Education and interpretation Research and monitoring within the Great Barrier Reef Region Human Rights and Equal Investigation of complaints regarding human rights and Opportunities Commission discrimination. Includes Aboriginal and Torres Strait Islander Social Justice Unit which acts as an independent watchdog on Aboriginal and Torres Strait Islander affairs Department of Housing and Regional Provision of planning direction at the national level Development (including the Office of Administration of the Commonwealth-State Housing Agreement Northern Development) Assistance for local government Facilitation of economic and social development in Northern Australia (continued over) CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 60 Table8: Summary of Commonwealth Government alencies and roles (continued) Aeencv Administrative role Department of Human services and Promotion of good health and reduction of illness through Health regulatory, promotional and funding programs Provision of care and services appropriate to the needs of aged people and people with disabilities Ensuring that all· Australians have access to necessary health services at reasonable cost Improving the quality of life and the choices available for families and children at home, at work and in the general community Department of Industry Science and Provision of advice to the Commonwealth government on Technology industry, science and technology Provision of grants_ and subsidies to industry Administration of industry development and infrastructure programs Department of Primary Industries and Research, data collection, export promotion, export controls and Energy administration of landcare and international commodity agreements regarding the agricultural, pastoral, fishing, forest, mineral and energy industries Administration of Landcare Dept of Prime Minister and Cabinet Coordination of Commonwealth qovernment administration Intergovernmental relations Multicultural Affairs Working Nation Strategy Aboriginal and Torres Strait Islander Affairs Status of Women Department of Social Security Delivery of social security entitlements to the retired, people with disabilities, the unemployed, families with children and people with special circumstances Telecom Construction and operation of telecommunications networks including telephone, data, mobile and satellite networks Torres Strait Regional Authority Lead agency in terms of Commonwealth programs which ·specifically address Torres Strait Islander issues To promote self-determination for Torres Strait Islander people Transport Oversees road, rail, air and sea transport within Australia Management of the national highway system Provision of subsidies for access to remote communities Source: Study team compilation. 7.4 Queensland Government roles and responsibilities Administrative issues on Cape York Peninsula are primarily the responsibility of the Queensland Government. This occurs either directly or by way of referred powers to local governments (see Section 7.5). A summary of key Queensland Government agencies and their roles on Cape York Peninsula is provided in Table 9. As noted in Section 7.2, Queensland is currently undergoing major legislative and administrative policy changes. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 61 Table9: Summary of Queensland Government a~encies and roles A~encv Role in land use and economic issues Dept of Administrative Building maintenance and construction services Services Property and building management services Development of communication and information technologies Dept of Business, Industry Promotion of growth, diversification and competitiveness in industry and Regional Development Improving the relationship between government and the business sector Assistance to business on licensing and permit requirements Funding for Regional Economic Development Programs Assistance to small business Queensland Corrective Statutory body which has the sole responsibility for all probation, prison, Services Commission parole and associated correction functions in the state Offenders Program includes a Community Correction Centre at Wathanin Outstation, 70 kilometres outside Aurukun Criminal Justice Major role in investigating alleged misconduct within the public service Commission and local government Dept of Education (including Management of the primary and secondary school system Aboriginal and Torres Strait Administration of the distance education program Islander Education Support Educational support for Aboriginal and Torres Strait Islander Centre) communities Dept of Emergency Services Comprehensive state-wide emergency service and disaster management systems Administers the Office of Rural Communities Dept of Employment, Management of the TAFE system Vocational Education, Development of skills within the labour market Training and Industrial Administration of State industrial relations Relations Dept of Family and Develops and administers community services, including juvenile justice, Community Services special services for elderly, child care, physical disability services, youth services, family support and outstation funding Government policy coordination and monitoring of service delivery role of new office of Aboriginal and Torres Strait Islander Affairs Queensland Fish Management of commercial and recreational fisheries in Queensland Management Authority Licensing of aquaculture ventures where the product is sold for human consumption or processing purposes Dept of Environment and Principal adviser to the Queensland Government on environmental issues Heritage (including the Designation and management of Protected Area~ under the Nature Beach Protection Authority) Conservation Act Planning and managell1ent of Queensland Marine Parks and day-to-day management of Great Barrier Reef Marine Park Protection and management of coastal zone resources, including research and monitoring Coordination of impact assessment studies required under Section 29 of the State Development and Public Works Organisation Act Protection and management of air quality and water quality Management of contaminated sites Protection of terrestrial native vegetation · Protection of native fauna Education and interpretation Coordination of environmental management functions of other Queensland government agencies Monitoring the quality of the natural environment Management of tourism activities in protected areas ·- (continued over) CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 62 Table 9: Summary of Queensland Government ai?encies and roles (continued) Aeencv Role in land use and economic issues Dept of Housing, Local Integration of State and local planning objectives Government and Planning Preparation of State Planning Policies Regional planning Approvals for town planning schemes and town planning scheme amendments Preparation of terms of reference for environmental impact statements required under the Local Government (Planning and Environment) Act Provision of assistance to local government Dept of Justiee and Attorney Role in drafting legislation and overseeing the court system General Contains the Office of the Public Trustee Land Tribunal Hears and reports on claims for eligible land as Aboriginal land Dept of Lands (including Rural Planning and management of Crown lands Lands Protection Board) Control and management of declared and other noxious plants and animals - this includes a substantial public education and . information program Designation and monitoring of lease conditions for leasehold properties Development and maintenance of a computer-based land information system . Maintenance of land titles system Maintenance of land valuation system Dept of Minerals and Energy Biological mapping and assessment of mineral and energy resources (including QEC and FNQEB) Investigations of extractive materials resources Management and regulation of exploration and mining Determining requirements for environmental impact studies and environmental performance standards during and after mining Overseeing the preparation of Environmental Management Overview Strategies Electricity supply and reticulation Office of Rural Communities Provision of policy advice to the Queensland Government to generate fair access for rural communities to social and economic opportunities Peninsula and Torres Strait Regional presence of the Queensland Health Department Regional Health Authority Plans and administers the public health care system Suooorts the National Aboriginal Health Strategy Police Service To protect life and property, preserve peace and safety, prevent crime and uphold the law Dept of the Premier, Economic Facilitates coordinated decision-making and assists major projects and Trade Development which will contribute to the sustainable development of the State (including the Office of Major and increase employment opportunities, and manages CYPLUS Projects) Oversees the Queensland Export Development Scheme which provides financial assistance to selected Queensland firms (continued over) Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 63 Table 9: Summary of Queensland Governinent at?:encies and roles (continued) Agency Role in land use and economic issues Dept of Primary Industries Promotion of primary industries in a way which will encourage the ' (including Water Resources sustainable economic development of production systems based Commission and Forest Service) on Queensland's water, vegetation and land resources Fisheries research Management of oystering, pearling and aquarium fish collecting Licensing of aquaculture ventures when the product is not for sale as food Investigations, declaration and management of fisheries reserves Protection of marine plants Protection of fish and marine products as specified under the Fisheries Act Coordination of the Queensland Government Integrated Catchment Management Strategy Carrying out of land resource assessments and research Management of water resources, rivers and catchments Management of State Forests and Timber Reserves Production of forest products and services in accordance with long term community requirements Forest research Encouraging the development and sound management of private forest resources Education and extension services Dept of Tourism Sport and Development and implementation of tourism policies Youth (including Queensland Marketing of tourism Tourist and Travel Corporation) Youth affairs Recreation and sport Liquor licensing Monitoring of tourism activity Funding of regional tourism organisations Dept of Transport Planning, development and management of the State controlled road network Development and management of marine transport facilities Assess and exercise influence over the road network Treasury Department (including Raising of State government revenue the Queensland Industry Managing the State government's financial resources Development Corporation) Assessment of budgetary needs of State government agencies To facilitate, encourage and promote the development and expansion of economic activity in Queensland Wet Tropics Management Planning and management of the Wet Tropics World Heritage Area Authority Education and interpretation Source: Study team compilation. 7.5 Local government roles and responsibilities Throughout Australia, local government is involved in administrative issues by way of referred powers from each State government. In Queensland, local government has traditionally enjoyed quite a broad range of responsibilities associated with land use and development. These powers are derived primarily from: • The Local Government Act which specifies general powers of local government with respect to roads, water supply, waste disposal, health, recreation, drainage and the like. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 64 • The Local Government (Planning and Environment) Act which refers specific powers to local authorities in relation to town planning, subdivision and environmental matters. • The Beach Protection Act which gives local authorities certain powers and responsibilities for management of erosion prone areas and coastal management control districts. • The Community Services (Aborigines) Act and the Community Services (Torres Strait) Act which establish Aboriginal Community Councils and gives Councils the power to discharge the functions of local government. • The Environmental Protection Act which gives local government powers of inspection and monitoring in connection with air and water quality management. The following councils derive their main local government functions from the Local Government Act: • Carpentaria Shire Council. • Cook Shire Council. • Torres Shire Council. These local government areas are shown on Figure 3. The administrative functions of these councils include: • Town planning . • Subdivision . • Local roads and aerodromes . • Water supply . • Drainage and wastewater treatment. • Solid waste disposal. • Parks provision and maintenance, • Public health . • Regulation of extractive resources industries . The following councils derive their main local government functions from either the Community Services (Aborigines) Act or the Community Services (Torres Strait) Act: • Bamaga Island Council. • Hopevale Community Council. • Injinoo Community Council . • Kowanyama Community Council . • Lockhart River Community Council . • Napranum Community Council . • New Mapoon Community Council. • Pormpuraaw Community Council. • Seisia Island Council . • Umagico Community Council . • Wujal Wujal Community Council. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 65 While the responsibilities of these councils are similar to those applying under the Local Government Act, the administrative procedures are simpler. There are no formal requirements for town planning schemes. There are two other agencies performing local government functions in Cape York Peninsula: • Aurukun Shire Council, which is established under the Local Government (Aboriginal Lands) Act 1978. However, its local government functions are discharged under the provisions of the Local Government Act. • Weipa Town Office, which is operated by Comalco and performs the functions of local government at Weipa. The Township is undergoing a "normalisation" process through the formation of a Weipa Town Advisory Group and moving towards a popularly elected Town Commission. The Aboriginal Coordinating Council is a peak body acting on behalf of Aboriginal Community Councils in Queensland. Advice is provided on a range of matters including the establishment of business enterprises, investment strategies and housing. The majority of funding comes from the Department of Family Services and Aboriginal and Islander Affairs. Activities have included: • Contribution to and monitoring of the TAFE community ranger training program . • Making representations on land claims . • Developing a mining code of practice . • Making representations on land rehabilitation after mining . • Making representations on broad land and sea management strategies including management plans and resource legislation. • Developing housing policies including proposals for an Aboriginal and Torres Strait Islander Housing Authority. • Promoting best management approaches to water and waste management in communities. • Advice to communities on conflict resolution mechanisms . 7.6 Non-government organisations Non-government organisations which have an interest in administrative issues can be grouped into the following two categories: • Voluntary community groups . • Aboriginal Corporations . There are eight largely voluntary community groups, namely: • Cairns and Far North Environment Centre (CAFNEC). This is an umbrella organisation representing some 18 separate conservation organisations in Far North Queensland. CAFNEC promotes environmental protection, sound environmental management and the embracement of ecologically sustainable development principles in land use matters. Through the establishment of the CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 66 Cape York Network, CAFNEC has linkages with the Cape York Land Council and the Aboriginal Coordinating Council. • Cape York Peninsula Pastoral Advisory Group. The group consists of individuals and organisations involved in the pastoral industry on Cape York Peninsula. Its primary role is to promote the pastoral industry and to make representations to government on matters affecting the industry. As part of this role, it has interests in natural resource issues and participates in regional land use management studies. • Cape York Peninsula Development Association. The Association was formed in 1987 with the mission of enhancing the quality of life of the people of Cape York Peninsula through economic and community development and, at the same time, preserving their preferred lifestyle. This is achieved through facilitating economic and community development in Cape York Peninsula when opportunities are identified, and by helping the people of Cape York Peninsula to cope with the instability of change. • Cape York Tourism Council. This organisation is a committee of the Cape York Peninsula Development Association. It was established to address the management needs of the tourism industry in Cape Yark Peninsula and has promoted the hosting of Cape York Tourism Peninsula Workshops in.1992-1994 to bring together key players and develop appropriate strategies for the development and management of the tourism industry on Cape York Peninsula. • Far North Queensland Promotion Bureau. This organisation is the peak tourist association for the region and is based in Cairns. Its membership is made up of industry representatives and local authorities. It is responsible for marketing the regional tourism product. • Kowanyama Aboriginal Land ·and Natural Resources Agency. The Agency was established and operates under the joint direction of the Kowanyama Aboriginal Council and the Kowanyama Council of Elders. It responds to the Elders' concerns about land and natural resources management issues, with extensive community involvement. The Agency is actively involved (in conjunction with the Department of Primary Industries) with fisheries management and catchment management activities in the Kowanyama area. • Port Kennedy Association. This group was formed to promote the interests of the Port Kennedy area and to advise government on the community's needs. All residents of Cook Shire are residentially qualified for membership and the body receives funding from both the Queensland Government and Commonwealth Government. • Mitchell River Watershed Management Group. This a voluntary organisation whose primary role is to assist with and coordinate land use management within the catchment of the Mitchell River system. Members come from the pastoral, mining, tourism, aboriginal, fishing, environmental and government sectors. Activities include the preparation and distribution of information, the conduct of field workshops and participation in regional land management forums. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 67 7.7 Aboriginal corporations There are six Aboriginal Corporations established under the Commonwealth Aboriginal Councils and Incorporations Act. They are: • Ang-Gnarra Aboriginal Corporation. The Corporation comprises an elected managing body with salaried administration staff. The catchment of the organisation includes all Aboriginal persons residing in the town of Laura and its environs. The Corporation is involved in: • enterprises including a caravan park, service station and cafe • an active housing program • employing Community Rangers to assist with land management. The rangers also guide visitors within the Quinkan Trust lands which contain an extensive collection of ancient Aboriginal art. • Cape York Land Council. The Land Council is an incorporated Aboriginal As~ociation with membership open to adult Aboriginal persons with traditional or historic interests in Cape York Peninsula. One of the aims of the Council is to establish responsible regional conservation and protection while embracing Aboriginal land and cultural issues. The Council also has links with the Australian Conservation Foundation, and the Wilderness Society through the Cape York Indigenous Environment Foundation. • Coen Regional Aboriginal Corporation. The Corporation delivers a range of services to Aboriginal persons residing in the town of Coen and its environs. The Corporation operates a Community Development Employment Projects (CDEP) scheme and recently produced a Community Development Plan which provides strategic directions for the organisation over the next few years. The community development planning process was developed through extensive discussion with the community and the development of a series of recommendations for work projects. • Gungarde Aboriginal Corporation. The Corporation delivers a range of services to Aboriginal persons residing in the town of Cooktown and its environs. The Gungarde Aboriginal Corporation operates a number of commercial enterprises including an artefacts factory and showroom, school bus, workshop and garage. The Corporation has developed a community hall which is available for private hire and operates a CDEP garden maintenance gang which cares for corporation land, as well as being available for contracting to the broader community. • Marpuna Aboriginal Corporation. This organisation is for Aboriginal persons whose traditional lands were located at Marpuna and who had been previously removed from the settlement with the closure of the mission. The Corporation administers CDEP funding, development of housing and community infrastructure on Aboriginal Reserve land. It is also undertaking the re-establishment of the Old Mapoon township, development of adequate community infrastructure, and CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 68 management of tourism access and camping. It is also aiming to establish itself as a Community Council under the Community Services Act. • Tharpuntoo Legal Service. Tharpuntoo Legal Service is an Aboriginal corporation which is funded by ATSIC to provide legal aid to Abo~iginal and Torres Strait Islander people in Cape York Peninsula. The service provides legal representation on magistrate court circuits as well as representation for clients appearing before district and higher courts. These coq~orations undertake a variety of economic activities which include provision of housing and infrastructure, operation of businesses such as shops, workshops, garages, an artefacts factory, school buses and a caravan park, and the development of a community hall. The principal source of funding is ATSIC. 7.8 Processes for policy integration and coordination Formal processes for the integration and coordination of administration are still being developed in Queensland. Key agreements include: • Intergovernmental Agreement on the Environment (IGAE). The Agreement aims to provide the basis for a new cooperative approach to the management of environmental issues in Australia. It sets out the roles of the parties and establishes the "ground rules" under which the Commonwealth, State, Territory and local governfll:ents will interact on the environment. It includes a broad set of principles to guide the development of environmental policies and, in a series of schedules, sets out cooperative arrangements on a wide range of specific issues. The National Strategy for Ecologically Sustainable Development provides the policy context for the integration and coordination of land ·use and economic development strategies. Related initiatives include: • National Greenhouse Response Strategy • National Strategy for the Conservation of Australia's Biological Diversity • National Waste Minimisation and Recycling Strategy • Commonwealth Major Projects Facilitation Initiative • National Forest Policy Statement. • Integrated Catchment Management (ICM). The Queensland Government has initiated an ICM Strategy to foster cooperation and coordination between landholders, other resource users, community groups and government agencies involved in the use and management of land and water resources. The Strategy is coordinated by the Department of Primary Industries with one of the key aims being the bringing together of various government agencies, industries and community groups. Up till now, implementation of the Strategy has been based to a large degree on cooperation, coordination and education. However, plans are underway to provide legislative backing to integrated catchment management. • lntegrated Local Area Planning (llAP). The purpose of the ILAP program is to establish improved models for local government working across functional and agency boundaries, with a view to providing more appropriate services to meet the Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 69 needs of local communities. The Local Government Association of Queensland is administering the Queensland ILAP program, with a Steering Committee compnsmg representatives from the Commonwealth and Queensland Governments and local government. ILAP profects are being sponsored in Cape York Peninsula by the Wujal Wujal Community Council and the Cook Shire Council. • The Torres Strait Marine Strategy. This planning exercise is being undertaken to develop policies for resource management within the Torres Strait in the context of international, national and State legislation. It is expected that the policies will recognise the importance of marine resources to Islander people. Initial work on the development of policy directions has been undertaken by the Islander Coordinating Council. • Great Barrier Reef Marine Park Management Agreement. Management of the Great Barrier Reef Marine Park is based upon a sharing of powers and responsibilities in an area where both Commonwealth and State jurisdictions apply. There is a series of agreements which provide for cooperative and complementary management; the carrying out of day-to-day management by · Queensland Government agencies; the development of 3-year rolling programs; arrangements for furiding; and the delegation of permit-issuing powers. • Wet Tropics World Heritage Area Management Agreement. In November 1990, the Prime Minister and the Premier of Queensland signed an intergovernmental agreement which provides the basis for joint funding and management of the Wet Tropics World Heritage Area. A jointly furided Wet Tropics Management Authority was established and a draft management plan is about to be released. • Environmental Protection Policies (EPPs). The Queensland Government has commenced the preparation of Environmental Protection Policies to operate in conjunction with the Environmental Protection Act. These policies will provide the standards and criteria to be followed in Queensland for the management of water quality, air quality and noise. The draft EPPs for water and air have been released, with noise to follow. • Cape York Peninsula Land Use Strategy. CYPLUS is a joint initiative of the Queensland and Commonwealth Governments to provide a vehicle for the establishment of regional land and land-related use resource objectives within the context of Australian and Queensland Ecologically Sustainable Development policy. 7.9 Conclusion The · following are the perceived characteristics of the current administrative arrangements on Cape York Peninsula based on (8): • There are some 32 Commonwealth Government agencies and 6 corporations established under Commonwealth legislation, 24 Queensland Government agencies, 17 local government agencies and 8 non-government organisations with CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 70 responsibilities and/or interests in the use and management of resources on Cape York Peninsula. • There are jurisdictional overlaps between and within different spheres of government in areas such as.fisheries management and coastal zone management. • There are jurisdictional gaps, particularly in the area of rural land (e.g. service provision in Aboriginal and Torres Strait Islander communities). • There is confusion about the interface between Aboriginal and Islander Community Councils and mainstream local governments. • There are changes about to occur in Queensland Planning and Development legislation and in development approvals processes. • There are community and economic development plans being prepared by Aboriginal corporations and government agencies. Whilst effective work is being done on improving the scope and efficiency of administration on Cape York Peninsula in some areas, the investigations undertaken for the Administrative Structures (8) report revealed a current system of administrative arrangements that appears to be characterised by complexity, areas of duplication, areas of confusion, ongoing processes of change as well as opportunities for improved coordination and inter-agency relationships. These issues require further investigation. On a more positive note was the excellent working relationships noted (8) between the Aboriginal Coordinating Council and the Cape York Land Council, and the potential of the Far North Queensland Regional Managers Forum for improving departmental coordination. Progress is being achieved towards better integrated and coordinated administrative strategies by way of: • The preparation of a new Planning Scheme for Cook Shire Council. • The continued progress towards an integrated development approval system in Queensland. • The preparation of a regional plan for Cape York Peninsula by the ATSIC Peninsula Regional Council. • The preparation of economic development plans for Torres Strait by the Islander Coordinating Council. • The preparation of a strategic management plan for the Laura area by the Ang Gnarra Aboriginal Corporation. • The preparation of a community development plan by the Coen Regional Aboriginal Corporation. • The preparation of a Tourism Strategy and Management Plan for Cape York Peninsula by the Cape York Peninsula Development Association. However, it should also be noted that these plans are being prepared in the absence of an overall policy framework for Cape York Peninsula. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 71 8 KEY POLICY ISSUES B. 1 Introduction This chapter describes the key policy issues that arise from consideration of the human dimensions of land use planning on Cape York Peninsula. Policy issues were identified: • From study reports in the Land Use Program . • During the process of collating information from Stage 1 for the theme reports . • From community and agency consultation . During this process, the core objectives and guiding principles for Ecologically Sustainable Development (from National Strategy for Ecologically Sustainable Development - 61) were used to help identify key issues. The core objectives of Ecologically Sustainable Development, as adopted by State and Commonwealth Governments from the National Strategy (61), are: • To enhance individual and community well-being and welfare by following a path of economic development that safeguards the welfare of future generations. • To provide for equity within and between generations . • To protect biological diversity and maintain essential ecological processes and life-support systems. ,Details of the seven guiding principles are provided in Appendix D. Assessment of all the issues raised in the Stage 1 process revealed nine key policy issues related to society and culture. These are: • National and international obligations . • Reconciliation . • Self-determination . • Native title . • Environment and resource management. • Infrastructure . • Service delivery . • Administrative . • Consultation. • Agency coordination . These are further described below. CAPE YORK PENl.NSULA LAND· USE STRATEGY Society and Culture 72 8.2 National and international obligations Several national and international obligations need to be taken into account during policy deliberation. These include: • 1992 Inter-Governmental Agreement on the Environment. • National Commitment to Improved Outcomes in the Delivery of Services for Aboriginal and Torres Strait Islander Peoples. • Royal Commission into Aboriginal Deaths in Custody. Of the 339 recommendations made by the Commission, 337 recommendations have been agreed to by the Queensland Government. In particular, the following recommendations supported by the Queensland Government are appropriate for consideration within the context of proposals for planning and legislation in all areas of Cape York Peninsula: • the process of reconciliation • the path to self-determination • negotiation/participation/consultation/representation • management of cultural resources • cooperative management/joint management/community planning • planning/presentation/education/community relations • educating for the future • increasing economic opportunity • conservation/employment/training/presentation/tourism/rehabilitation • planning/environmental impact assessments/committees/consultation • joint management/cooperative management planning/regional leadership • land ownership/land claims/native title/land tenure . Three key issues addressed by the Royal Commission (reconciliation, self determination and land ownership/native title) are discussed below in Sections 8.3, 8.4 and 8.5 in more detail. • UN Human Rights Charter. • Rio Declaration on Environment and Development. In particular, the principle that indigenous peoples and their communities, and other local communities, have a vital role in environmental management and development because of their knowledge and traditional practices. States should recognise and duly support their identity, culture and interests and enable their effective participation in the achievement of sustainable development. • Charter of the United Nations . • International Covenant on Civil and Political Rights: The Commonwealth Government is under an obligation under Article 2 (2) to take legislative or other measures to give effect to the obligations of the convention consistent with Australian constitutional processes, and with other provisions of the covenant. • Convention on the Elimination of All Forms of Racial Discrimination . • Convention on Biological Diversity . Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 73 • Draft Universal Declaration on the Rights of Indigenous Peoples . • Agenda 21. In particular, Article 26.4 (b) calls for governments to adopt and strengthen appropriate policies and/or legal instruments that will protect indigenous intellectual and cultural property and the right to preserve customary and administrative systems and practices • International Bill of Rights . 8.3 Reconciliation The Commonwealth and Queensland Governments both support the notion that reconciliation between Aboriginal and non-Aboriginal communities must be achieved if community division, discord and injustice to Aboriginal people are to be avoided (see Recommendation 339 in Aboriginal Deaths in Custody - Response by Governments to the Royal Commission 1992). In practice, this means recognising and respecting indigenous peoples' rights and responsibilities in all aspects of social development, economic planning, and environmental management. It is a two-way process, in which the needs and aspirations of the non-indigenous society also need to be recognised. Assisting this process is the issue of commonality of interests between indigenous and non-indigenous residents of Cape York Peninsula. The resolution of tenure issues, the sustainable use of the environment, and control over the pace and direction of change were aspirations shared by all Aboriginal and Torres Strait Islander and non-Aboriginal communities surveyed (35). Recognising that reconciliation is a key issue for the future can form a guiding principle· for the development of strategies and projects in Cape York Peninsula. It can provide criteria by which to both assess projects when they are being developed, and to monitor them during implementation. A useful way to retain the necessary reconciliation focus during project design, implementation and monitoring is to ask the question: • Is this project contributing to the process of reconciliation? 8.4 Self-determination The Commonwealth and Queensland Governments both support the notion that the self determination principle should be applied in the formulation and implementation of policies which will particularly affect the Aboriginal people (see Recommendation 188 in Aboriginal Deaths in Custody - Response by Governments to the Royal Commission 1992). The issue of self-determination, therefore, is another guiding principle to planning and development on Cape York Peninsula. A focus on self-determination can be provided by asking a series of questions in relation to the future of the region: • Are indigenous people participating in the planning agenda? • Are indigenous people being served by the goals being set? • Will indigenous people benefit from the outcomes? • Will indigenous people contribute to the implementation? CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 74 • Will the outcomes ensure self-reliance? (i.e. reduce dependence on external funding). • Are indigenous people involved in monitoring the outcomes? Whether or not these questions can be answered to the satisfaction of Aboriginal and Torres Strait Islander peoples is a key issue for the future of the region. 8.5 Land ownership and native title The Commonwealth and Queensland Governments both recognise that the living standards in many Aboriginal and Torres Strait Islander communities cannot be improved without security of land title (see Recommendations 335, 336, 337 and 338 in Aboriginal Deaths in Custody - Response by Governments to the Royal Commission 1992). Many land ownership issues can be dealt with under the Aboriginal Land Act 1991, the Torres Strait Islander Land Act 1991 and the Land Act 1962, while in other cases the NativeAct 1993 (Cwlth) and the Native Act 1993 (Qld) are appropriate. The role of the Commonwealth and Queensland native title legislation will be a key issue in Stage 2 of CYPLUS. Both the Commonwealth and Queensland legislation recognise native title rights and set down some basic principles in relation to native title in Australia. In particular they provide: • For the validation of past acts which may have been invalid because of the existence of native title. • A regime for future dealings with land including the right to negotiate (e.g . regional agreements). These Acts provide a mechanism for land claims and negotiated regional agreements between,Aboriginal and Torres Strait Islander people and government agencies. While these agreements grow out of native title, they are not limited by this and are a creative way for a number of parties to achieve satisfactory workable outcomes to land use issues. They may become increasingly important in the future. 8.6 Environment and resource management Concern has been identified (35) for the environment of the region as a key issue for all sections of the population. As noted above, for Aboriginal and Torres Strait Islander peoples, environmental management is also an expression of cultural values and obligations. Environmental and resource management are therefore closely linked with the issues of reconciliation and self".'determination. The key issues in this case are: • The need to maintain a balance between the recognition and respect for indigt'.nous peoples' environmental rights and interests a'.nd the legal responsibility of Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 75 government agencies to ensure sustainable ecosystem and protected area management. Issues such as the establishment of Aboriginal management areas in the Great Barrier Reef Marine Park, the ownership and management of National Parks, and the regulation of dugong and turtle hunting, are as much issues of Aboriginal culture and society as they are of environmental and resource management. • The need to support Aboriginal resource management initiatives as an effective mechanism for the protection of natural values on Cape York Peninsula. 8.7 Infrastructure The provision of adequate infrastructure is a key policy issue. Many of the major population centres for Cape York Peninsula have historically been funded for infrastructure through Aboriginal Affairs budgets (including sewerage schemes, roadworks, water supplies, and council chambers). There are examples of mainstream funding for infrastructure (e.g. airstrips), however the reliance on monies emanating from Aboriginal Affairs portfolios has resulted in a reduced contribution from mainstream programs (28). The main issues in this case are: • The need to balance the support from Aboriginal Affairs portfolios and mainstream programs. • The need to establish appropriate benchmarks for service delivery and infrastructure provision by Commonwealth and Queensland Government departments. 8.8 Service delivery Despite the adoption of the National Commitment to Improved Outcomes in the Delivery of Services for Aboriginal· and Torres Strait Islander Peoples, the delivery of services to many Aboriginal and Torres Strait Islander communities of Cape York Peninsula is considered by the residents to be poor compared to similar communities in other parts of Queensland (28). The main issues in this regard are: . • The need for the adequate provision of services at Aboriginal communities and outstations and at Torres Strait Islander communities. • The need for a better understanding of cultural protocols in service delivery . 8.9 Administration. issues Inter-agency cooperation and coordination has had a long history of being a major policy issue. While agencies agree that coordination should occur, it is often not clear who should do the coordinating. Whole-of-government approaches need to have some statutory base or at least a form of sanction for non-compliance if inter-agency CAPE YORK PENINSULA LA.ND USE STRATEGY Society and Culture 76 cooperation and coordination is to be realised. Other main issues that need to be addressed include: • The resourcing of agencies with regulatory powers in order to enable them to better enforce their powers. • The need to take advantage of information technology to support improved inter agency cooperation. • The need for more effective communication in cooperative planning and management. 8.10 Consultation issues Aspirations of participation in decision-making processes, and community involvement in planning, were clearly expressed by residents of Cape York Peninsula in Stage 1. The importance of public input is strongly emphasised by the National Strategy for Ecologically Sustainable Development (61) which states as a guiding principle that: ... decisions and actions should provide for broad community involvement on issues which affect them. The involvement of the community is an important component of the planning process that helps to ensure community ownership and understanding of the planning outputs. This is particularly the case on Cape York Peninsula where there is such strong identification with the land by both indigenous and non-indigenous people. Community involvement in the planning process is particularly an issue for indigenous people as many communities chose to have little involvement in Stage 1 of CYPLUS. As a consequence of this limited involvement of Aboriginal and Torres Strait Islander peoples in the CYPLUS process so far, it will be important that these groups are actively involved in Stage 2. The National Strategy for Ecologically Sustainable Development (61) proposes that the following objectives should guide the involvement of Aboriginal and Torres Strait Islander peoples in planning for Ecologically Sustainable Development: • To ensure effective mechanisms are put in place to represent Aboriginal and Torres Strait Islander peoples' land, heritage, economic and cultural development concerns in the resource allocation processes. • To strengthen the active participation of Aboriginal and Torres Strait Islander peoples in formulation of ESD-related policies and programs. As previously noted in Section 8.4, there is a need to address the consultation process in attending to issues of self-determination for indigenous people. This should address all aspects of physical and cultural life and should include appropriate indigenous involvement in documenting the cultural record (see Section 4.5). Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 77 The key issues for the involvement of the community of Cape York Peninsula in the planning process are therefore: • The need for planning processes to include participatory mechanisms which contribute to·strengthening social infrastructure. An incorporation of community aspirations into the planning processes would ensure: • public ownership of the outcomes • sustainable outcomes which preserve the uniqueness of life on Cape York Peninsula. • The need for management of land use and resources which incorporates the social justice principles of participation, access, equality and equity. 8.11 Coordination between government agencies As has been.previously identified in Chapter 7, the investigations undertaken for the Administrative Structures (8) report revealed that the current system of administrative arrangements of Cape York Peninsula appears to be characterised by: • Complexity . • Areas of duplication . • Areas of confusion . • Ongoing processes of change . • Opportunities for improved coordination and inter-agency relationships . These issues require further investigation. In this area of Australia where there is considerable overlap between the three levels of government, there is a clear need to address issues of agency coordination in Stage 2. This will allow for a more efficient use of public resources and will result in a higher standard of service delivery. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 78 IBIS PAGE IS IN1ENTIONALLY UNUSED Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 79 9 INFORMATION GAPS 9.1 Introduction As part of the Natural Resource Analysis Program (NRAP) and Land Use Program (LUP), a large amount of information has been gathered, in a relatively short period of time, on the natural, economic and social resources of Cape York Peninsula. Given the large area of Cape York Peninsula (13. 7 million hectares) it could not be expected that the data collection would be absolutely comprehensive. It is clear that in the on-going development of planning and management arrangements there will be a need to update and expand some of the information which has been collected. This will be in response to: • Particular planning issues which have become evident during the course of CYPLUS. • The need for further information on particular geographical area of interest. At this stage, it has been possible to identify a number of information gaps which may impede the development of land use planning policies in Stage 2. These have been identified: • By individual studies in NRAP and LUP. · • By the critical assessment of information during the preparation of the three theme reports. In terms of society and culture, gaps in information have been identified in the following areas: • Indigenous and non-indigenous cultural sites . • Aboriginal and Torres Strait Islander aspirations . • Accurate population statistics. • Comparative analysis of community servicing . These are further discussed below. 9.2 Indigenous and non-indigenous cultural sites As previously noted, there are relatively few sites which have been noted as being significant for either indigenous or non-indigenous heritage. Although the Aboriginal and Torres Strait Islander view of cultural heritage is not limited to specific sites, there are sites of significant cultural heritage across the Peninsula (e.g. Quinkan art sites). It is likely that many other areas remain unknown. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture 80 Non-indigenous cultural heritage is mostly related to mining and pastoralism. It has been noted (5) that there has been no comprehensive assessment of non-indigenous cultural heritage. There is a need for a comprehensive regional assessment of indigenous and non-indigenous cultural heritage sites across the Peninsula. As recommended by the Australian Heritage Commission (5), any further documentation of indigenous sites should be directed and owned by the relevant Aboriginal and Torres Strait Islander communities and that the widespread nature of indigenous cultural values be recognised in future land use planning. 9.3 Aboriginal and Torres Strait Islander aspirations There is a lack of detailed information about the aspirations of all residents of Cape York Peninsula, but in particular Aboriginal and Torres Strait Islander people. While the Values Needs and Aspirations project (35) did undertake some new research in this field (a total of 40 out of 169 respondents were Aboriginal and Torres Strait Islander people), it was not carried out in all communities. In particular, Aboriginal communities on the west coast of Cape York Peninsula did not wish to participate in the survey. The implications of this information gap will depend on the extent to which self determination is used· as. a guiding principle to future development. In addition, if Aboriginal and Torres Strait Islander peoples are involved in deciding the priorities and strategies for development, it may not be of great consequence that government initiatives such as CYPLUS have not comprehensively documented their aspirations. In that situation indigenous peoples will _be free to act on their own aspirations without relaying them through surveys or other means to government decision-makers. The ."aspiration" information gap becomes more critical if governments are to retain control over strategic planning and implementation of major initiatives. In that event, it is critical that further information be obtained about the aspirations o( Aboriginal and Torres Strait Islander peoples, and how they would like to see those aspirations attained. There were several themes amongst the aspirations of Aboriginal and Torres Strait Islander study participants. Many respondents spoke about ownership of land and preservation of the environment as it is now. Most also spoke about issues integral to quality of life, for example education, work and consultation. Respondents hoped that consultation about major decisions would become meaningful, and that their lives would no longer be so heavily influenced by decision-makers who do not understand local values. Society and Culture CAPE YORK PENINSULA LAND USE STRATEGY 81 9.4 Accurate population statistics There is a pressing need for better data on the resident population and visitors (23). In particular, the under-counts of the Aboriginal and Torres Strait Islander populations and visitor numbers place doubts on the efficacy of the Census as a reliable data collection instrument on Cape York Peninsula. There is also a need for more reliable estimates of tourist numbers and their past and future growth. This information is needed in order to assess their impact upon the population, now and in the future. In addition, Census boundaries are too small to show urban areas and communities at the regional level. In addition, comparative data between Censuses can only be derived at the Shire level, which does not coincide with the CYPLUS region. 9.5 Comparative analysis of community servicing on Cape York Peninsula Although it appears that community services are lacking on Cape York Peninsula, there is little statistical data to compare with the rest of Queensland and Australia. In particular data is needed from Aboriginal and Torres Strait Islander communities in order to enable a comparative analysis to accurately describe the State of community services. Data is needed in the following categories: health, family services, housing, water and waste disposal, education, consumer and financial services, recreation services, safety services and legal services. This comparative level of analysis is needed in order to initiate strategic planning arrangements for these services. CAPE YORK PENINSULA LAND USE STRATEGY Society and Culture FIGURES CYPW5 CAPE YORK PENINSULA LANDS LAND USE STRATEGY CYPLUS Is a Joint Initiative between the Queensland and Commonwealth Governments. N . ·~ LOCALITY MAP CYPLUS Study Area .. The information shown on the map has been supplied by the Queensland Department of Lands. Initial inquiries regarding the information should be directed to Cartographic Unit, Cairns. COPYRIGHT© The State of Queensland and Commonwealth of Australia 1995. Produced by the Queensland Department of Lands, Cairns July 1995. Note: The CYPLUS boundary includes off shore water up to the three mile limit. ·verPlains . Cape Melville rtStewa~ • .P" erntale IQL.~~'lflk.· pssville \ I' ·-',stoomfield ~ Degarra . . ( ,.;,"fJ{Jintree i £ , ~.Mia/la Figure 1 I I 142° .,._cziu~DAY !SI.AND Uttlt--143° 144° 146° · M:QRA0 .:.rMr~ldlnd ARA.PURA Prlnt:#ot C 'P, 'afriya ldllr>d MAGICO' SEA SBl>I -11° 11°- CYPLUS is a joint initiative between the Queensland and Commonwealth Governments. Us&hi::: Pain: • OUTSTATIONS GULF OF Information conceming location of outstations has been Captain BJ!fv't; Landing drawn from the reports of the Cape York Outstation project, 1994, produced by the Cape York Land Council. Where possible outstations were plotted from on-site GPS readings. In other cases locations are taken from 12"- a variety of maps or positioned on the basis of locally obtained verbal descriptions of location. In the Aurukun region, most locations refer to outstation airstrips. In some cases there, residential locations may be at some distance from those airstrips. Occupation status relates to the calendar year 1993. The coverage is not necessarily exhaustive. SOUTH PACIFIC OCEAN LEGEND O Unoccupied {Includes planned only) 13•- 0 Permanently Occupied (1 O- 12 months) @ Seasonally Occupied (4 - 9 months} 9 Occasionally Occupied (up to 3 months max.) CORAL SEA Anomalous (Closed because of custom relating to a death during 1993) 14° - Shaded areas are depicted on larger scale maps I l\/• Pastoral Holding N Roads and Tracks N Rivers and Creeks :'\/ CYPLUS Project Boundary Locational information, Pastoral holdings, roads and tracks supplied by Department of Lands QLD. Coastline, rivers and creeks supplied by the Australian Hopevaie Surveying and Land Information Group (AUSLIG). Area SCALE 1 : 25DllDDO KILOMETRES 0 100 200 250 Albers Equal Area Projection, Central Meridian: 142° East Standard Parallels: s• and 1s• South Prepared and produced by the Department of Lands, Queensland, January 1995. Copyright© The State of Queensland, Commonwealth of 142" 143° I 146° Australia and the Cape York Land Council, 1995. I I Figure 2 23.Jun 95 EDITION N01 cwws CAPE YORK PENNINSULA LANDS ~i SIS! M .18~&1-~~ LAND USE STRATEGY ·..,. CYPLUS is a joint initiative between the Queensland and Commonwealth Governments. Local Government Areas Prepared and produced by the Department of Lands Cairns, July, 1995. ~ AURUKUN [ill] CARPENTARIA ~ COOK • TORRES Copyright: The State of Queensland and Commonwealth of Australia 1995 Figure 3 APPENDICES Appendix A Terms of Reference APPENDIX A TERMS OF REFERENCE • 1 Thematic Reports The Consultant is required to review the reports of the 24 projects from the Land Use Program and the 19 projects of the Natural Resources Analysis Program, and any other relevant available information and integrate and synthesise them under three broad based themes covering: * Natural Resources and Ecology * Land Use and Economy * Society and Culture Each of the three reports should specifically address within its theme the following: * Current Situation • consolidation and integration of information from relevant CYPLUS projects and other available data sources to provide a succinct, comprehensive and factual picture of current land and land related resource uses and key considerations; • as part of this analysis, significant linkages, within and between individual projects relevant to ecologically sustainable land use, should be clearly identified for future reference. * Capabilities and Constraints • sufficient analysis and interpretation to provide an objective regional perspective of land and resource use strengths, capability and constraints where; • capability is defined as indicative possible uses synthesised from available data, without nominating or inferring preferred ones. • constraints are those weaknesses or other influences, such as current infrastructure, community preferences, technology or other factors, which, with reasonable certainty, could restrict certain uses. A-1 * Information Gaps • identify critical gaps in available data which will impede policy development in Stage 2. 2 Summary Report This report should draw together the main findings of the three thematic reports to: * Provide an objective, integrated perspective of significant land and resource use issues, conflicts and compatibilities. There should not be any preferences indicated. * Indicate the broad potential for land and resource use consistent with ecologically sustainable development, highlighting where potential uses may be compatible or in conflict but without indicating any preferred uses. Potential uses to be compiled from the assessments of land use capabilities undertaken in each of the thematic reports. * Outline community and other aspirations for the future of CYP to the extent that these have been expressed. * Identify issues and opportunities for which there appears to be consistent or strong support for action in the short term (within 6 - 12 months) and urgent issues for policy development. * Id~ntify significant issues which may need to be addressed in forums other than CYPLUS. The report should also summarise the results of the land use models report so as to highlight any factors which could guide the development of recommendations on mechanisms for implementing CYPLUS initiatives during and at the end of Stage 2. 3 Expected outputs The following outputs are expected. * An Overview report on Natural Resources and Ecological issues in Cape York Peninsula. * An Overview report of Land use and Economic issues in Cape York Peninsula. * An Overview report on issues about the Society and Culture in Cape York Peninsula. * An Overview report highlighting the main factors influencing ecologically sustainable developments in Cape York Peninsula. A-2 AppendixB Tables of Contents for other Overview Reports (i) NATURAL RESOURCES AND ECOLOGY EXECUTIVE SUMMARY 1 INTRODUCTION 1 1.1 BACKGROUND 1 1.2 STUDY AREA 3 1.3 INFORMATION BASE 3 1.4 ROLE OF ECOLOGICALLY SUSTAINABLE DEVELOPMENT IN CYPLUS 3 1.5 PURPOSE OF THIS REPORT 4 1.6 THE STUDY TEAM 4 1. 7 REFERENCE TO STAGE 1 STUDIES 4 2 NATURAL RESOURCES 5 2.1 INTRODUCTION 5 2.2 TOPOGRAPHY AND CLIMATE 5 2.3 WATER AND DRAINAGE 5 2.4 GEOLOGY AND PHYSIOGRAPHY 8 2.5 SOILS 10 2.6 BIOLOGICAL RESOURCES 12 2. 7 REGIONAL ANALYSIS OF NATURAL RESOURCES 14 3 CONSERVATION VALUES OF NATURAL RESOURCES 15 3.1 INTRODUCTION 15 3.2 INDIGENOUS CONSERVATION VALUES 16 3.3 NON-INDIGENOUS CONSERVATION VALUES 17 4 ECOLOGICAL THREATS 41 4.1 INTRODUCTION 41 4.2 WEED PESTS 41 4.3 PEST ANIMALS 44 4.4FIRE 45 CAPE YORK PENINSULA LAND USE STRATEGY Natural Resources and Ecology (ii) 5 KEY POLICY ISSUES 47 5.1 INTRODUCTION 47 5.2 PROTECTION OF NATURAL VALUES WITHIN PROTECTED AREAS 48 5.3 PROTECTION OF NATURAL VALUES OUTSIDE PROTECTED AREAS 48 5.4 MANAGEMENT OF ECOLOGICAL THREATS 49 6 INFORMATION GAPS 51 6.1 INTRODUCTION 51 6.2 NATURAL ECOSYSTEMS 51 6.3 OCCURRENCE AND IMPACT OF ANIMAL AND WEED PESTS 52 6.4 INTERACTION OF INDIGENOUS PEOPLE WITH ECOSYSTEMS 53 Natural Resources and Ecology CAPE YORK PENINSULA LAND USE STRATEGY (i) LAND USE AND ECONOMY EXECUTIVE SUMMARY 1 INTRODUCTION 1 1.1 BACKGROUND 1 1.2 STUDY AREA 2 1.3 INFORMATION BASE 3 1.4 ROLE OF ECOLOGICALLY SUSTAINABLE DEVELOPMENT IN CYPLUS 3 1.5 PURPOSE OF THIS REPORT 3 1.6 THE STUDY TEAM 4 1.7 REFERENCE TO STAGE 1 STUDIES 4 2 BACKGROUND TO LAND USE 5 2.1 INTRODUCTION 5 2.2 HISTORICAL PERSPECTIVE 5 2.3 LAND TENURE SYSTEM 8 3 ECONOMIC VALUES OF NATURAL RESOURCES 13 3.1 INTRODUCTION 13 3.2 TOURISM AND RECREATION VALUES 13 3.3 MINERAL VALUES 15 3.4 AGRICULTURAL VALUES 16 3.5 AQUACULTURE VALUES 18 3.6 FOREST VALUES 19 3.7 FISHING VALUES 20 -3.8 NATURE CONSERVATION VALUES 20 3.9 ABORIGINAL AND TORRES STRAIT ISLANDER VALUES 21 3.10 OTHER VALUES 22 4 EXISTING LAND USE AND ECONOMIC ACTIVITY 23 4.1 INTRODUCTION 23 4.2 LAND USE AND TENURE 23 4.3 TOURISM AND RECREATION 24 4.4MINING 26 4.5 AGRICULTURE 27 4.6 AQUACULTURE 29 CAPE YORK PENINSULA LAND USE STRATEGY Land Use and Economy (ii) 4. 7 FOREST PRODUCTS 29 4.8 COMMERCIAL FISHING 30 4.9 NATURE CONSERVATION 32 4.10 ABORIGINAL AND TORRES STRAIT ISIANDER IAND USE 34 4.11 PUBLIC ADMINISTRATION, DEFENCE AND COMMUNITY SERVICES 35 4.12 OVERVIEW OF ECONOMIC ACTIVITY 36 5 CONSTRAINTS TO THE EXPANSION OF IAND USE AND ECONOMIC ACTIVITY 41 5.1 INTRODUCTION 41 5.2 CONSTRAINTS TO TOURISM AND RECREATION 41 5.3 CONSTRAINTS TO MINING 43 · 5.4 CONSTRAINTS TO AGRICULTURE 43 5.5 CONSTRAINTS TO AQUACULTURE 45 5.6 CONSTRAINTS TO THE FOREST PRODUCTS INDUSTRY 45 5. 7 CONSTRAINTS TO COMMERCIAL FISHERIES 46 5.8 CONSTRAINTS TO NATURE CONSERVATION 47 5.9 CONSTRAINTS TO ABORIGINAL AND TORRES STRAIT ISIANDER IAND USE 47 5.10 SUMMARY OF CONSTRAINTS 48 6 POTENTIAL LAND USE 51 6.1 INTRODUCTION 51 6.2 TOURISM AND RECREATION 51 u~~ ~ 6.4 AGRICULTURE 52 6.5 AQUACULTURE 53 6.6 FOREST PRODUCTS 53 6. 7 COMMERCIAL FISHING 54 6.8 NATURE CONSERVATION 54 6.9 ABORIGINAL AND TORRES STRAIT ISIANDER IAND USE 56 6.10 OTHER !AND USES AND ECONOMIC ACTIVITIES 57 7 SUSTAINABILITY AND MANAGEMENT OF RESOURCES 59 7.1 INTRODUCTION 59 7.2. TOURISM 60 7.3 MINING 62 7.4 AGRICULTURE 64 7.5 FOREST PRODUCTS INDUSTRY 66 u~~ ~ 7.7 NATURE CONSERVATION 68 7.8 ABORIGINAL AND TORRES STRAIT ISIANDER IAND USE 70 Land Use and Economy CAPE YORK PENINSULA LAND USE STRATEGY (iii) 8 KEY POLICY ISSUES 73 8.1 INTRODUCTION 73 8.2 SUSTAINABILITY ISSUES 73 8.3 COMPETITION FOR RESOURCES OR LAND 73 8.4 INFRASTRUCTURE ISSUES 74 8.5 NEED FORA SYSTEMS-BASED PIANNING APPROACH 74 9 INFORMATION GAPS 77 9.1 INTRODUCTION 77 9.2 NATURAL RESOURCE AND IAND USE INFORMATION 77 9.3 IMPACT OF NATIVE TITLE 78 9.4 ASSESSMENT OF POTENTIAL FOR EXPANSION OF IAND USES 78 CAPE YORK PENINSULA LAND USE STRATEGY Land Use and Economy (i) OVERVIEW OF CURRENT RESOURCES, LAND USES AND ISSUES 1 INTRODUCTION 1 1.1 BACKGROUND 1 1.2 STUDY AREA 3 1.3 INFORMATION BASE 3 1.4 ROLE OF ECOLOGICALLY SUSTAINABLE DEVELOPMENT IN CYPLUS 3 1.5 PuRPOSE OF THIS REPORT 4 1.6 THE STUDY TEAM 4 1. 7 REFERENCE TO STAGE 1 STUDIES 4 2 NATURAL RESOURCES AND VALUES 5 2.1 INTRODUCTION 5 2.2 NATURAL RESOURCES 5 2.3 REGIONALISATION OF NATURAL RESOURCES DATA 14 2.4 NATURAL RESOURCE VALVES 17 3 CULTURAL RESOURCES AND VALUES 24 3.1 INTRODUCTION 24 3.2 ABORIGINAL CULTURAL VALVES 24 3.3 TORRES STRAIT ISLANDER CULTURAL VALVES 25 3.4 NON-INDIGENOUS CULTURAL VALUES 26 3.5 DOCUMENTATION OF CULTURAL VALUES 27 4 TENURE AND ADMINISTRATIVE ARRANGEMENTS 28 4.1 INTRODUCTION 28 4.2 LEGISIATIVE FRAMEWORK 28 4.3 NON-GOVERNMENT ORGANISATIONS 31 4.4 LAND TENURE SYSTEMS 31 4.5 PROCESSES FOR INTEGRATION AND COORDINATION 35 5 LAND USE AND RESOURCE UTILISATION 38 5.1 INTRODUCTION 38 5.2 BRIEF HISTORY OF LAND USE 38 5.3 EXISTING IAND USE AND RESOURCE UTILISATION 39 CAPE YORK PENINSULA LAND USE STRATEGY Overview of Current Resources, Land Uses and .Issues (ii) 5.4 CURRENT TRENDS IN LAND USE AND RESOURCE UTILISATION 51 5.5 FACTORS AFFECTING FUTURE LAND USE AND RESOURCE UTILISATION 51 5.6 ECONOMIC DEVELOPMENT POTENTIAL 53 5. 7 COMPETITION FOR NATURAL RESOURCES 53 6 COMMUNITIES AND THEIR ASPIRATIONS 59 6.1 INTRODUCTION 59 6.2 DETAILS OF SETI'LEMENT PATI'ERNS 59 6.3 OVERVIEW OF DEMOGRAPIDCAND ECONOMIC DATA 63 6.4 HUMAN RESOURCES 67 6.5 SERVICING COMMUNIDES 67 6.6 COMMUNITY AsPIRATIONS 70 7 KEY POLICY ISSUES 72 7.1 INTRODUCTION 72 7.2 NATURAL RESOURCES USE AND MANAGEMENT 72 7.3 CULTURAL ISSUES 73 7.4 ECONOMIC DEVELOPMENT ISSUES 75 7.5 SOCIAL AND LIFESTYLE ISSUES 76 7.6 ADMINISTRATIVE ISSUES 77 7. 7 STRATEGIC PLANNING METHODOLOGICAL ISSUES 78 7.8 CONSULTATIVE ISSUES 79 8 INFORMATION GAPS 80 8.1 INTRODUCTION 80 8.2 INFORMATION GAPS RELEVANT TO NATURAL RESOURCES AND ECOLOGY 80 8.3 INFORMATION GAPS RELEVANT TO LAND USE AND ECONOMY 80 8.4 INFORMATION GAPS RELEVANT TO SOCIETY AND CULTURE 81 Land Use and Economy CAPE YORK PENINSULA LAND USE STRATEGY Appendix C Summary of CYPLUS Stage 1 Programs and Reports APPENDIXC SUMMARY OF CYPLUS STAGE 1 PROGRAMS AND REPORTS The four summary reports integrate the information gathered so far into a series of coherent summary reports, and have used information mostly from: • The Natural Resource Analysis Program. • The Land Use Program.' • CYPLUS Public Participation Program . • Land Use Strategy Models Report . The Natural Resource Analysis Program (NRAP) consisted of 18 projects which examined the nature, extent and condition of natural resources on Cape York Peninsula. The program included the development of a Geographic Information System (GIS) to enable storage, manipulation and access to all CYPLUS data by the community and governments. The Land Use Program (LUP) consisted of 28 projects which were the priority areas of research determined by the CYPLUS community interest groups through the public participation process. These projects, to varying extents, utilised information gathered from the NRAP projects as well as other research information to describe a wide range of aspects of land use on Cape York Peninsula. The projects were grouped under three headings: "People", "Land" and "Nature" which parallel the focus of the three thematic summary reports. The Public Participation Program relies on four community-based working groups that have been established to facilitate public involvement in the CYPLUS process. Members of these groups are representatives of resident, business and public interest groups who are employed under contract to represent their constituents in CYPLUS and assist in the two way flow of information between government and community participants. Their responsibilities reflect the three themes of Natural Resources and Ecology (Nature), Land Use and Economy (Land) and Society and People (People). In addition, a group to co-ordinate community and special interest groups has been established- the Ecologically Sustainable Development (ESD) Co ordinating Group. Government agencies are involved through project work and through. CYPLUS inter-departmental committees. The Land Use Strategy Models Report was commissioned to review land use strategy models which may be relevant to Cape York Peninsula. The main findings provide direction for Stages 2 and 3. The following table indicates the CYPLUS Land Use Program and Natural Resource Analysis Program reports from Stage 1 C-1 Summary of CYPLUS Stage 1 reports Number in Title Author report 2 Aspects of Commercial and Non-Commercial WBM Oceanics Fisheries 4 Areas Containing Significant Species or Habitats Qld Dept of Environment and Outside the Existi~g National Parks and Heritage Reserves Network 5 An Assessment of the Conservation and Natural Australian Heritage Heritage Sii:mificance 13 Indigenous Management of Land and Sea Project University of Queensland and Traditional Activities Project 14 Land Degradation - Existing and Potential Erosion Qld Department of Primary Hazard Industries 15 Land Degradation - Soil Loss by Water - USLE Australian Geological Survey Organisation (AGSO) 16 Land Degradation - Salinity Hazards Qld Department of Primary Industries 17 Land Tenure Svstem Dept of Lands and CYPLUS 18 Land Tenure Issues Holmes 19 Mineral Resource Potential/Assessment Qld Dept of Minerals and Energy & AGSO 20 Mining Industry Issues and Impacts Stock and Lane 21 Management of Pastoral Holdings Department of Lands 22 An Assessment of the Pastoral Industry Landcare Management Services C-2 Summary of CYPLUS Stage 1 reports (cont.) Number in Title Author report 23 Population Characteristics Cairns Economic Research Unit 24 Primary Industries Assessment - Agricultural Qld Department of Primary Suitability Industries 25 Primary Industries Assessment - Aquaculture and Qld Department of ·Primary Mari culture Industries 26 Primary Industries Assessment (Identification of RCS Hassan issues) 28 Services and Infrastructure FNQ Family Resource Service 29 Enere:v Needs and Resources CAFNEC 30 Surface Water Resources Qld Department of Primary Industries 31 Tourism Study HJM Environmental Strategies 33 Transport Services and Infrastructure Gutteridge Haskins and Davey 35 Values, Needs and Aspirations Study Partners in Planning 37 NROl Vegetation Survey and Mapping Queensland Herbarium 39 NR02 Soil Survey and Agricultural Suitability Qld Department of Primary Industries 40 NR03 Terrestrial Vertebrate Fauna Survey Qld Dept of Environment and Heritage 42 NR04 Mineral Resource Inventory Qld Department of Minerals and Energy 43 NROS Digital Geological Data Australian Geological Survey Organisation 44 NR06 Marine Vegetation Qld Department of Primary Industries 46 NR09 Wetland Definition and Fauna Assessment Qld Dept of Environment and Heritage 47 NRlO Freshwater Fish and Aquatic Habitat Qld Department of Primary Industries 48 NRll Environmental Region Analysis Environmental Resources Information Network 49 NR12 Regolith Terrain Mapping Australian Geological Survey Organisation C-3 Summary of CYPLUS Stage 1 reports (cont.) Number in Title Author re no rt 50 NR14 Coastal Environment Geoscience Survey Australian Geological Sutvey Organisation 51 NR15 Airborne Geophysical Survey Australian Geological Survey Organisation 52 NR16 Groundwater Resources Qld Department of Primary Industries 53 NR17 Insect Fauna Survey Australian National Insect Collection 54 NR18 Flora Data and Modelling Environmental Resources Information Network 55 NR19 Fauna Distribution Modelling Environmental Resources Information Network 57 NR21 Ecology and Conservation of the Golden Stephen Garnett Shouldered Parrot 58 Land Use Strategy Models Focus 59 Public Participation Database CYPLUS 60 Cape York Peninsula Resource Analysis Connell Wamer (1989) 61 National Strategy for Ecologically Sustainable Commonwealth of Australia Development (1992) 62 A Review of the Adequacy of Resourcing of the Bruce Gall, Queensland National Parks of Cape York Peninsula, Qld National Parks and Wildlife Service (1994) 63 Australian National Report to the United Nations Commonwealth of Australia Conference on Environment and Development (1991) Note: Missing numbers refer to projects where no report was produced (e.g. GIS maintenance). C-4 AppendixD Role of Ecologically Sustainable Development APPEND/XO ROLE OF ECOLOGICALLY SUSTAINABLE DEVELOPMENT The Cape York Peninsula Land Use Strategy is a framework for making decisions about use and management of natural resources on Cape York Peninsula in ways that will facilitate Ecologically Sustainable Development. The National Strategy for Ecologically Sustainable Development (61) defines the goal for Ecologically Sustainable Development (ESD) as: Development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends. The National Strategy for Ecologically Sustainable Development was prepared by the Commonwealth Government following extensive governmental and community consultation. It was endorsed by the Council of Australian Governments in 1992. The Council noted that the Strategy is intended to play a critical role in setting the scene for broad changes in direction and approach that governments will take to try to ensure that Australia's future development is ecologically sustainable. The core objectives of Ecologically Sustainable Development, as adopted by State and Commonwealth Governments, are: • To enhance individual and community well-being and welfare by following a path of economic development that safeguards the welfare of future generations. • To provide for equity within and between generations . • To protect biological diversity and maintain essential ecological processes and life- support systems. The National Strategy outlines the guiding principles for Ecologically Sustainable Development. These are that: • Decision making processes should effectively integrate both long and short term economic, environmental, social and equity considerations. • Where there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. • The global dimension of environmental impacts of actions and policies should be recognised and considered. • The need to develop a strong, growing and diversified economy which can enhance the capacity for environmental protection should be recognised. • The need to maintain and enhance international competitiveness in an environmentally sound manner should be recognised. • Cost effective and flexible policy instruments should be adopted, such as improved valuation, pricing and incentive mechanisms. • Decisions and actions should provide for broad community involvement on issues which affect them. D-1 As much of Stage 1 of CYPLUS has involved the collection of data, the application of the guiding principles for Ecologically Sustainable Development has been mostly limited, at this stage, to the: • Public Participation Program . • Identification of issues . • Analysis of opportunities and constraints for existing and future land use . The application of the guiding principles will be a key part of Stages 2 and 3 of CYPLUS during: • The development of strategic directions for land and resource use (Stage 2) . • The implementation of the Land Use Strategy (Stage 3) . The National Strategy provides the broad strategic framework under which governments will cooperatively make decisions and take actions to pursue Ecologically Sustainable Development in Australia. In particular, a broad strategic framework is provided for: • Key industry sectors which rely on natural resources as their productive base (e.g. agriculture, fisheries, forestry, mining, tourism). • A broad range of issues which are relevant to actions in several of the key industry sectors (e.g. nature conservation, Aboriginal and Torres Strait Islander peoples, public health, education and training, coastal zone management, water resource management, land use planning and decision making). Many of the key industry sectors and issues are represented on Cape York Peninsula and are likely to be the focus of Stages 2 and 3. In particular, the National Strategy for Ecologically Sustainable Development recognises that the challenge for land use and decision making is: To ensure land use decision making processes and land use allocations at all levels of government meet the overall goal of Ecologically Sustainable Development and are based on a consideration of all land values, uses and flow-on affects, while avoiding fragmentation, duplication, conflict and unnecessary delays. The two main objectives for land use planning and decision making are identified as: • To encourage environmental and economic land use decision making which takes full account of all relevant· land and resource values (including down-stream aquatic resources) and to establish and operate systems of land use decision making and dispute resolution. (CYPLUS is cited in the National Strategy as a model approach for the development of cooperative and consultative arrangements between jurisdictions). • To achieve clarity, certainty and accountability in the process used to clarify access to land and to determine change of use. These will continue to be key objectives for the latter stages of the Cape York Peninsula Land Use Strategy. D-2