Land & Sea Country Plan . For Aboriginal people with traditional, historical and contemporary connections to land & sea country within the Eden Local Aboriginal Land Council region, southeast NSW

Developed by Susan Dale Donaldson, Sonia Bazzacco and Benjamin Cruse as part of a pilot planning process.

Supported by the NSW Southern Rivers Catchment Management Authority and the Commonwealth Department of the Environment, Water, Heritage and the Arts.

Warning: Contains references to people who have passed away

© Southern Rivers Catchment Management Authority (SRCMA)/Individual Indigenous Knowledge Holders.

The SRCMA acknowledges the cultural and intellectual property rights of the Indigenous knowledge holders whose stories are featured in this report. Use and reference of this material is allowed for the purposes of strategic planning, research or study provided that full and proper attribution is given to the individual Indigenous knowledge holder/s being referenced.

Cover designed by Bjarni Wark of BJ2 Design.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN i Contents

Acknowledgements...... iv

The Aboriginal vision for the land and waters across Eden LALC region...... v

EXECUTIVE SUMMARY ...... vi 1. INTRODUCTION TO THE LAND AND SEA COUNTRY PLANNING PROCESS ...... 1 1.1 How can this plan be used?...... 2 1.2 How does this plan relate to other plans? ...... 3

2. WHERE ARE WE NOW? ...... 5 2.1 Cultural and natural landscape ...... 5 2.2 Traditional ecological linkages and dependencies ...... 10 2.3 Statutory regions...... 15 2.4 Existing Agreements and Strategies...... 18 2.5 Existing National Park Plans of Management (POMs)...... 23 2.6 Other plans ...... 31 2.6.1 Eden LALC community, land and business plan 2008 to 2013...... 31 2.6.2 Southern Rivers CMA Catchment Action Plan 2007 ...... 32 2.6.3 Local government Local Environmental Plans...... 34 2.6.4 Twofold Bay and Hinterland Strategy...... 34 2.6.5 NSW Indigenous Fishing Strategy 2002...... 35 2.6.6 Sea Country: an Indigenous Perspective. The South-East Regional Marine Plan Assessment Report...... 36 2.6.7 Regional Ecological Sustainable Forest Management Plan: Eden ...... 37 2.7 Eden LALC landholdings and natural resources...... 38 2.7.1 Landholdings...... 38 2.7.2 Environmental Assets and NRM issues ...... 39 2.8 Past & present involvement in cultural and natural resource management..44 2.8.1 Skill base as it relates to cultural and natural resource management ...... 45

3. WHERE DO WE WANT TO BE? ...... 46 3.1 Short- and long-term goals ...... 46 3.2 A sustainable Land and Sea Ranger Program...... 46 3.2.1 Site interpretation, protection and monitoring...... 48 3.2.2 Fire fighting and hazard reduction (HR) burns ...... 49 3.2.3 Pest species control: land and sea ...... 49 3.2.4 Revegetation/Vegetation Management...... 51 3.2.5 Annual interagency field maintenance ...... 52 3.2.6 Coastal debris collection...... 52 3.2.7 Cultural Mapping ...... 53 3.2.8 Other NRM activities ...... 54 3.3 Working on ELALC owned lands...... 54 3.4 Other community aspirations and ideas...... 56 3.4.1 Fisheries activities...... 57 3.4.2 Tourism: walking, talking and camping...... 58 3.4.2.1 Bundian Way...... 59 3.4.3 Maintenance and transmission of cultural knowledge...... 60 3.4.4 Economic and cultural use of State Forests ...... 61

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN ii. 4. HOW DO WE GET THERE? ...... 62 4.1 Building partnerships ...... 62 4.2 Formalising cooperative management through agreements...... 63 4.3 Capacity building: training and development needs ...... 64 4.4 Governance and measuring the development of plan...... 66

5 ACTIONS AND BROADER RECCOMENDATIONS...... 68 5.1 Commitments/targets according to existing agreements ...... 69 5.2 Actions according to priority projects ...... 78 5.2.1 Land and sea ranger program...... 78 5.2. 2 Aquaculture enterprise ...... 81 5.2. 3 Tourism venture: walking, talking, camping ...... 82 5.2.4 Transmission and maintenance of cultural knowledge ...... 83 5.3 Broader recommendations ...... 86

REFERENCES ...... 89

APPENDIX ONE: Summary of commitments ...... 92 APPENDIX TWO: Investing in the plan – relevant grants and programs...... 96 APPENDIX THREE: The legal framework – relating to Aboriginal land and sea management...... 102 APPENDIX four: Maps ...... 107

TABLES AND FIGURES IN REPORT Figure 1: Eden LALC region 2 Figure 2: Context of the land and sea plan 4 Table 1: Aboriginal place names across Eden LALC region. 9 Table 2: Linkages and dependencies for heavy and light spears, and for bark and dugout canoes 12 -13 Table 3: Statutory bodies relevant to cultural and NRM in Eden LALC region. 17 Table 4: Known weed infestations of Aboriginal land within the BVSC region 42

MAPS in APPENDIX FOUR MAP 1: ABORIGINAL LAND HOLDINGS: EDEN Local Aboriginal Land Council (LALC) MAP 2 a: FMZ east STATE FOREST: EDEN LALC MAP 2 b: FMZ west STATE FOREST: EDEN LALC MAP 3: Identified Actions for Ranger groups

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN iii. Acknowledgements

The planning process has been successful due to the partnerships forged between the Commonwealth Department of the Environment, Water, Heritage and the Arts (DEWHA), the Southern Rivers Catchment Management Authority (SRCMA), the Bega Valley Shire Council (BVSC), the Australian National University’s Centre for Aboriginal Economic and Policy Research (CAEPR), the local Aboriginal community, the Department of Environment, Climate Change and Water (DECCW), Forests NSW (FNSW), Industry and Investment NSW (Fisheries), Pambula Wetlands and Heritage Project Inc and Towamba Land Care Group. Together with the project steering committee, these partnerships have kept the project on track.

The plan was developed through a multidisciplinary team approach; Koori perspectives were incorporated by Ben Cruse who developed ideas on cultural linkages and dependencies and provided a understanding of the local social and historical context; anthropological and cultural heritage management themes were developed by Susan Dale Donaldson, whilst Sonia Bazzacco focused on natural resource management and the development of a sustainable ranger program.

This plan acknowledges that Aboriginal people with historical and cultural links to the land and sea within Eden Local Aboriginal land Council (LALC) region share a common concern for the state of the natural environment. Whilst some of these links are generations old and some more recent, the participation of Aboriginal community members in natural resource management is vital for the well-being of the land, the waters and the community, three inseparable entities.

This plan recognises that natural resources are culturally defined and may include non-biophysical attributes of the environment. Understanding the management of natural resources within a broader historical, social and cultural context allows for greater understanding, recognition and incorporation of Aboriginal cultural value systems.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN iv. The Aboriginal vision for the land and waters across Eden LALC region

We have a vision that the principles of the Koori kinship relationship of caring and sharing will be adopted more broadly; that planning will reflect this broader acknowledgement and will respect that the land and sea country are the mother of all life forms, peoples and cultures; that there exists an appropriate means for Koori people to access and utilise the land and sea country for cultural and economic purposes; that there exists a sufficient number of Koori rangers equipped with capabilities to assist in the management, protection and care of habitats and species; and that the Koori community share the management and benefits of the natural environment with government and the general public.

If she is supported more appropriately, Mother Earth will sustain the land and waters and give greater quality of life with less uncertainty, improving multicultural society and biodiversity, and the land, the oceans and the people will experience an increased sense of well-being.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN v. EXECUTIVE SUMMARY

The research team has been engaged by the Southern Rivers Catchment Management Authority (SRCMA) and comprises people with environmental and cultural skill bases. Funded by the Department of the Environment, Water, Heritage and the Arts (DEWHA) the team worked on the pilot land and sea country planning process covering the Eden Local Aboriginal Land Council (ELALC) region (‘the Region’) and produced a plan which gives consideration to the international, national, state, regional and local socio-economic and political context and other dynamics that effect Aboriginal people’s participation in natural resource management (NRM).

This plan acknowledges that the Aboriginal community comprises people with historical and cultural links to the land and sea within the Eden LALC region; accordingly, the plan identifies opportunities for all members of the Aboriginal community who wish to be involved in looking after this country.

This land and sea country plan considers natural resources and Aboriginal cultural heritage from a landscape perspective; isolated elements have been geographically conceptualised to ensure broader cultural values are encompassed. Accordingly, Aboriginal cultural perspectives, aspirations and cultural roles concerning the natural and cultural landscape have been integrated into the plan.

Many layers direct the management of land and sea country, including statutory principles, and the constantly shifting localised cultural, social and economic elements. By correlating existing plans, agreements and strategies with present-day land tenure arrangements, cultural traditions and community aspirations, a number of key opportunities and pathways for Aboriginal involvement in natural resource and cultural heritage management across the Region have emerged. Some examples of these opportunities are:

¾ Land and Sea Ranger Program o Work across land and waters in region [fire, site protection, rehabilitation, weed and pest eradication, marine debris collection] o Interagency working group to identify ongoing work and training o Coordinator/trainee coordinator

¾ Cultural maintenance opportunities o Cultural camping o Basket weaving o Spear making o Canoe building o Oral history collection

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN vi. ¾ Enterprise development o Fisheries – wild resource collection, aquaculture. o Eco-tourism – walking, talking, camping.

¾ Use of Aboriginal-Owned Lands o Development of Plans of Management o Undertake NRM/cultural heritage (CH) management

¾ Partnership o Local government o State government o ANU case study research relating to the social benefits of Aboriginal participation in NRM and associated capacity levels. o NGO environmental groups

¾ Capacity building o Human resources [NRM coordinator/trainee] o Baseline training [project management, drivers licence, first aid] o Bridging and bonding network development o Strengthen governance o Establish baseline for measurement of the plan’s development

This is a document to guide Aboriginal community groups with interests in the Eden LALC region and to inform other stakeholders in the Region, including government and non-government agencies, of natural resource and other issues important to the local Aboriginal community and more broadly to Yuin, Monaro and Ngarigo people. Action plans relating to identified opportunities have been framed around existing agreements, plans and strategies. Agency and organisation-based targets have been individually negotiated and incorporated into the plan.

Although the plan relates specifically to land and waters within the Eden LALC region, it is intended that the planning process (or a variation of it) will be applied to other regions in the future. Accordingly, feedback on the planning process, as well as on the actual plan is sought.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN vii. 1. INTRODUCTION TO THE LAND AND SEA COUNTRY PLANNING PROCESS

The NSW Far South Coast Land and Sea Country Initiative aims to develop an integrated plan encompassing the geographic scope of the Eden LALC region (the Region), covering land, and fresh and salt waters. The plan seeks to incorporate the interests and aspirations of Aboriginal people with cultural, historical and contemporary connections to land within the Eden LALC region with a focus on cultural heritage and natural resource management objectives.

This is a document to guide the community groups across the Eden LALC region and to inform other stakeholders in the Region, including government and non-government agencies, of natural resource and other issues important to the local Aboriginal community and more broadly to Yuin and Ngarigo people.

Whilst the planning process has been primarily guided and informed by the Eden LALC, community consultations were also undertaken with Aboriginal people with traditional attachments to the Region who reside outside the Region including the Southern Kosciuszko Aboriginal Working Group (SKAWG) and the Biamanga Aboriginal Board of Management. Small focus group sessions were held with men and women separately, and a large community workshop was held with potential partners and community members. Direct consultations with community members and government across the Region led to the identification of important issues and plans of actions were defined.

For planning purposes, the research team has brought together existing plans and agreements relevant to cultural heritage and natural resource management across the Region. The NSW State Plan relating to better health and education outcomes for Aboriginal people and better environmental outcomes for the State, provides a policy framework for Aboriginal participation in Natural Resource Management (NSW 2006). Although never systematically calculated, positive links have been identified between Aboriginal participation in Natural Resource Management (NRM) and health, education and employment outcomes. It is hoped that further opportunities will emerge from this land and sea plan to increase Aboriginal participation in NRM from the present level of 5% of employed Aboriginal people in NSW (Hunt, Altman and May 2009).

It is recognised that within this region there are a large number of existing agreements and commitments to Aboriginal people. One of the primary challenges and aims of this Plan has been to guide the development of partnerships to enable Aboriginal people to make full use of the existing agreements made with them and commitments already made to them.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 1 %U Thredbo

ELALC region #

%U Bombala %U %U Wyndham Pambula

%U Delegate %U Eden

%U Legend Wonboyn Lake

ELALC region boundary National Parks estate

Aboriginal owned land State forest 02550Kilometers Highway Waterway

Figure 2: Eden LALC region

1.1 How can this plan be used?

The plan will provide for a strategic coordination of landscape-scale natural resource management and, in doing so, provide and articulate a broad range of possible and realistic opportunities for the Aboriginal community to become involved in natural resource management.

¾ Within the context of cultural heritage and natural resource management, this Land and Sea Country Plan can be used by Aboriginal community groups across the Eden LALC region to gain external funding and guide development of sustainable natural resource management programs. Specific and general opportunities have been identified across many interrelated areas including:

¾ Increased employment opportunities in natural resource management;

¾ The potential for enterprise development (primarily on Aboriginal- owned lands and adjoining waters);

¾ The generation of ideas for independent and linked projects;

¾ The identification of skills and expertise within the Aboriginal community and related training and development; and

¾ Potential partnership opportunities.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 2.

By implementing the land and sea country plan it is hoped that Aboriginal people’s quality of life and cultural celebration and maintenance will be enhanced; Aboriginal people’s contributions will contribute positively to Australia’s multicultural society; cultural approaches to land and sea country and natural resources will be enthusiastically adopted and Aboriginal people enjoy a more equitable balance in the distributions of wealth and power sharing. Government agencies and community organisations can use this plan to:

¾ Guide development of partnership programs with Aboriginal people; ¾ Guide investment and partnership opportunities; and ¾ Develop an understanding of Aboriginal people’s aspirations in cultural and natural resource management.

1.2 How does this plan relate to other plans?

Although there are hundreds of existing plans, strategies and directive documents across all levels of government for this region, they do not fully articulate the cultural and natural resource management issues of local Aboriginal communities. While they often incorporate some of the past commitments given to Aboriginal communities and identify some of the ways in which Aboriginal people can participate in land and water management in the future, they do not represent a cohesive picture of commitments by governments nor of the aspirations and priorities of Aboriginal people.

Consequently, when local Aboriginal community members and groups seek resources to implement cultural and natural resource management projects, they are unable to describe how the project relates to a culturally relevant strategic and evidenced-based regional plan. Some funding bodies require a plan of management before funding is allocated, for instance the ‘Caring for our Country’ program.

By bringing all of these plans together we are able to see the landscape- scale natural resource and cultural heritage management issues and priorities across the Region in a more cohesive way and, in turn, we are able to describe management priorities in greater detail.

This plan draws together natural resource management objectives and cultural heritage issues across the Region, from all levels of government, to make it easier for community groups to understand their roles and the roles of others. Most importantly, the process of bringing together existing plans, strategies and agreements, enables the opportunities for Aboriginal rangers and other NRM working groups to be identified.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 3. Figure 2: Context of the land and sea plan

EXISTING PLANS OF MANAGEMENT EXISTING AGREEMENTS

Eden Regional Forestry Eden LALC community land and Agreement (RFA); business plan; ELALC – National Parks and National Park Plans of Management Wildlife Service Statement of (POMs); Joint Intent (SOJI); Forests NSW Environmentally Forests NSW - ELALC Sustainable Forest Management Memorandum of (ESFM) Plans Understanding (MOU);

Bega Valley Shire Council

(BVSC) – Bega Eden Merriman Federation of Elders (BEM) LALC MOU. Twofold Bay – Indigenous Land Use Agreement (ILUA)

LAND AND SEA COUNTRY PLAN EDEN LALC REGION

IDENTIFY NATURAL RESOURCE IDENTIFY EXISTING AND POTENTIAL PARTNERS MANAGEMENT AND CULTURAL

HERITAGE (CH) LAWS, POLICIES, ISSUES Catchment Management Authorities (CMAs); AND OPPORTUNITIES DECCW; Forests NSW (FNSW); Industry and Investment NSW (Fisheries), local Water and land laws government; environmental groups; Aboriginal Water and land management issues organisations; education and training Opportunities for Aboriginal organisations. participation in NRM and CH. Two Ways Together National and State Frameworks and Plans

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 4. 2. WHERE ARE WE NOW?

2.1 Cultural and natural landscape

“Indigenous peoples do not distinguish between landscape and seascape, both being equally part of country. This contrasts markedly with the worldview, reflected in the Australian legal system, which perceives boundaries where indigenous conceptualisations provide a geographically integrated understanding of land, rivers, estuaries, beaches, reefs, seas, cays, seabeds and associated flora and fauna. Indigenous Australians have a long history of close association with the sea and its resources for subsistence, economic livelihood, spirituality and cultural identity. These connections are well supported by archaeological and anthropological evidence. Sites of significance and dreaming tracks extend to offshore waters, flora and fauna and form part of the system of traditional law and custom connecting indigenous Australians to sea country….” Michael Dodson reporting to the United Nations Social and Economic Council’s Permanent Forum on Indigenous Issues, New York, 2010

The Eden Local Aboriginal Land Council region (the Region) extends west from Pambula and Cape Howe on the NSW south coast to Mount Kosciuszko and the Murray River in The Snowy Mountains. The southern boundary of the Region aligns with the NSW/VIC border, while the northern boundary includes Myrtle Mountain, Jincumbilly and Moonbah.

The Region consists of extremely diverse landscapes that peak in the west at 2228 m in the rugged alpine to sub-alpine mountain ranges of the Kosciuszko National Park. This area includes extensive sub-alpine grasslands and snow gum woodlands, swift flowing alpine streams and unusual assemblages of plants and animals. Further east these peaks give way to rolling hills, numerous rivers and streams and the wide and open grasslands of the Monaro plains. The significant Snowy River snakes its way through these environments. The Bombala River, Delegate River and Maclaughlin River flow through the predominately privately-owned pastoral farmlands of the plains.

The Monaro Plains border the spectacular forested coastal escarpment that includes gorges and deep valleys that are conserved as part of the South East Forest National Park. The Park contains significant proportions of wet and dry sclerophyll forests. To both the east and west bands of State Forest

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 5. surround the South East Forest National Park. The escarpment descends into the picturesque Towamba Valley, coastal estuaries and lakes to small up-land freshwater wetlands.

The rivers that traverse the coastal plains include the Yowaka River, Pambula River, Towamba River and Wonboyn River. The Towamba River catchment area contains 18 identified sub-catchments, which drain to the Kiah estuary at Twofold Bay. Significant catchments in this area include the catchments for the Towamba River, Merimbula Lake, the Pambula River, Wonboyn Lake and the smaller coastal catchments of Twofold Bay at Eden. Further to the south is the Merrica River and Nadgee Lake, lying within the Nadgee Wilderness Area. The coastal zone includes headlands, beaches and rock shelves that support heaths and typical coastal dune vegetation.

The Tasman Sea, adjacent to the ELALC region, is characterised by an open current that flows southward bringing warm water from as far north as the Coral Sea off northern Queensland. This current contributes to an overlap between the temperate and tropical marine plant and animal communities in the southern waters of NSW. The interactions of currents results in complex water flows that determine species composition control the movement of sediments and nutrients, and influence salinity and temperature (National Oceans Office 2001).

Many species, including migratory ones, only spend part of their lives in this region. The Southern Right Whale, for instance, has the highest visitation rate in Twofold Bay compared with the rest of the state (NSW Department of Infrastructure, Planning and Natural Resources 2004). The links between the land and the sea also influence the Region’s marine ecosystems. As an example, the significant catchment of the Towamba River drains into the ocean providing inputs of fresh water that help to shape underwater features at times of lower sea levels.

An Aboriginal land tenure system has existed in the Region for many thousands of years. Cultural links to the Region, in the past as well as in the present, can be described by different types of social groupings including tribal, sub-tribal, clan and linguistic. The coastal area is tribally affiliated with the Yuin (Murring) people recorded by Howitt in 1904 as extending from the Shoalhaven River in the north, to Cape Howe in the south and west to the Great Dividing Range. More specifically, the coastal area lies within the southern Yuin region occupied by the Katungal – coastal fishing people1. Within the Katungal group smaller named groups have been identified. For instance, the Mallokotan–mitter people in the Cape Howe area; the Nallerkor-mitter people in the Green Cape area; the Wiacon people in the Twofold Bay area and the Panbula people in the Pambula area (Wesson 2000: 133). Linguistically the coastal region is associated with the Thawa and Bidwall language groups.

1 S Wesson 2000: 131 – 147.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 6. West of the Coastal Range the cultural landscape is known as Moneroo (Monaro) and is associated with Ngarigo-speaking people (Wesson 2000: 118). More localised cultural groups were also identified across the Monaro during the early contact period and include the Kyrerkong mittong people south of Delegate; the Mowenbar people in the Mowamba area south-west of Jindabyne; the Mutong people at Matong, south-east of Jindabyne; the Pundeang mittong people in the Bombala area; and the Wakeruk people near the Snowy River (Wesson 2000: 103).

Although a diversity of traditional, historical and contemporary cultural attachments to the Region have developed in response to variations between coastal and inland ecologies, as well as a result of different historical experiences, the land, waters and people are connected through cultural kinship links, as described by Ossie Cruse:

‘… Kinship, we are all connected as family through kinship. The land, the water, the people, we are all connected by our totems and our kinship, we are all family….’ Ossie Cruse 2010

Aboriginal people’s historical experiences also affect contemporary links to the land and waters across the Region. For example, in 1892 an area of 10 acres was gazetted as an Aboriginal Reserve [Dal Santo 2004]. The reserve was occupied, huts were erected and relationships were formed. By 1920 the reserve was abandoned and revoked in 1952 [Dal Santo 2004]. The area continues to be valued by Aboriginal people across the Region for its cultural heritage significance.

The broad-ranging cultural linkages between the coast and inland regions relate to travelling along well-established walking routes for trade, ceremonies and kinship renewal. Major travelling routes through the Region include Genoa Way through Wangarabel/Nungatta; Nullica/Nadgee; Bundian or Bondi Pass between Calkin and the head of the Genoa River; Wog Wog Pass between Kitterooma and Yarramgun; Burrimboco or The Devils Hole head of Maharatta Creek; the Towamba Way; the Panbula River–Honeysuckle Flat– Mataganah Way; Myrtle Mountain Pass; the Postmans Track and Wolumla– Pambula Way (Blay and Cruse 2005). Major meeting places are associated with the travelling routes. Some of these meeting places were recorded during the early contact period and include Jimenbuen, Bombala, Coal Hole, Towamba, Twofold Bay and Mt Kosciuszko.

The South Coast tribal groups shared reciprocal relationships with the Moneroo. In the summer months coastal groups would travel into Moneroo country to congregate for the bogong moth harvests whilst large gatherings at Twofold Bay took place during the whaling season when whales beached themselves during winter and early spring [Goulding and Griffiths 28: 2004]. McKenna notes that ‘…in the winter months the Monaro people from Bombala and Delegate and nearby areas would journey to Twofold Bay, travelling along the Towamba River valley where they would meet with the

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 7. Kundingal and perform corroborees, sometimes on the river flats before journeying to the coast…’ [2002: 20].

Archaeological studies provide physical evidence to show that Aboriginal people continued to collect shellfish on the south coast through the early contact period2. As Aboriginal people became involved in new economic development opportunities, traditional coastal camps were frequented during weekends and holiday periods – fishing and shellfish collection continued. Unlike other cultural practises across the south-east region, fishing practises and coastal connections have not diminished3. The elements of the cultural practise relating to fishing and the collection of marine and aquatic resources are broad ranging and multifaceted and include:

¾ nurturing the growth and sustainability of individual species, ¾ learning where and when resources are available and ¾ learning how to collect, prepare, distribute and dispose of resources.

Traditional practises involving these elements remain an integral part of people’s lives today. Coastal ‘cultural’ camps, meeting places and holiday camps are evidence today of Aboriginal people’s continued connection with coastal resources and the need to share traditional fishing practises with younger generations. The links between pre-contact tradition and contemporary ways can be seen in the way fishing customs have been maintained in terms of procurement and processing methods, as well as sharing practises.

‘… The continuity of Aboriginal fishing practices [in NSW] since 1788 has been driven by three key factors. First, fishing has been considered a cultural rather than merely subsistence or recreational activity by Aboriginal people. Second, fishing became a crucial means of survival when other traditional practices were undermined by colonisation. Third, and closely related to this point, it has been possible for Aboriginal people to continue their fishing traditions because waterways have remained relatively accessible, especially in comparison to land for hunting and plant gathering. Rivers and the coastline were not colonised as quickly as agricultural land and became relative safe havens for Aboriginal people, just as their resources provided a means of subsistence and of supplementing insufficient government rations….’ Department of Climate Change and Water (DECCW) A Roberts 2009: 4

2 Colley in Australian Archaeology 1997, 45: 1 – 19. 3 See Cruse, Stewart and Norman 2005.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 8. An extensive number of Aboriginal place names across the Region were recorded in the early contact period. A number of these place names are used today, in a variety of original and derivative forms, as outlined in the table below:

Aboriginal place names recorded by Robinson 1844 as per Wesson 2000

ABORGINAL NAME PRESENT DAY NAME

Poroket Burragate Murimbiller Merimbula Point Parnbuller Pambula Korr Towamba River Toowombo Towamba Naloker Nullica Turemulerrer East Boyd Bay Moearer Mowarry point Pertangerbe Bittangabee Bay Tartarerer Disaster Bay Ponebine Wonboyn River Pundowero Green Cape Murerker Merrica River Wiricanoe Cape Howe Kyerno East Boyd Wallergerer/Tooronoo Wallagaraugh Boolone Mt. Imlay Naguter Nungatta Waokoon Snug Cove Kurrigeet Pambula Lake Moenggar Cochranes Flat Kingille Old Hut Creek Injebyrer Mt Ingebirah Peak/Creek Moenbar Mowamba Wonjellic Wangellic Bibbenlook Bibbenluke Jimenbuen Jimenbuen Bundy Bondi/Rockton Biddi Biddi Creek Byadbo Byadbo Mt/Gap

Table 1: Aboriginal place names across Eden LALC region.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 9. 2.2 Traditional ecological linkages and dependencies The landscape contains cultural linkages and dependencies between places, resources and the people using the resources. Linkages and dependencies are interrelated with Intellectual Cultural Property Rights, and Aboriginal cultural needs and aspirations.

Traditional knowledge of the ecology relates to the use of flora and fauna for food, medicines, tool manufacture and spiritual purposes. Natural resources across the Region used for cultural purposes include the Snow Gum (Eucalyptus pauciflora), Golden Wattle (Acacia pycnantha), Native Cherry (Exocarpos cupressiformis), Native Raspberry (Rubus parvifolius), Waratah (Telopea oreades), Grass Tree (Xanthorrhoea australis), Bracken Fern (Pteridium esculentum) and the Swamp Mahogany (Eucalyptus robusta). Whilst the Snowy Mountain Range was valued for seasonal resource collection and Bogong moth harvests, the coast at Twofold Bay was valued as a place to meet and consume seafood, which historically included whale. These places continue to be valued today.

Linkages are the relationship between things, for instance, spear fishing is related to culture camping and hunting and gathering. Hunting and gathering are related to caring and sharing.

Dependencies are those things that are required and/or are reliant on other things, for instance, legal matters, management and empowerments, opportunities for cultural celebration and opportunities for intellectual cultural property maintenance such as spear stick manufacturing and using culture camps on country as teaching places.

Some of the linkages and dependencies identified through the development of this plan include the following although it is by no means an exhaustive list.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 10.

LINKAGES AND DEPENDENCIES FOR HEAVY AND LIGHT SPEARS, AND FOR BARK AND DUGOUT CANOES

OBJECT LINKAGE DEPENDENCY CERTIFICATION LABELING

Spear Gararra is an In order to continue practising Would need to be a special To hold and preserve, prior to Aboriginal “forest cultural heritage rights to forest reserved for spear manufacture, spear shafts for latter product” used to spear fish then it “DEPENDS” making. Certification of accessing; to use for teaching make traditional on having the right to go into forests types; co- [conservation area and resource]; spear shafts and to the forests and take gararra management forests - need strengthen canoes. to make and use spears. to identify the extent of the necessary plant. Maintain a representative percentage of gararra forest within Forest Reserves. Linked to culture On country oral transitional FOR LIGHT SPEARS: Lighter spears camping to pass on knowledge teaching require specific methods for holding technologies. “DEPENDS” on opportunities and conservation e.g. hollow logs for culture camping to carry and/or hollow stumps to keep out spear making and spears straight. Forest litter is used to associated hunting and pack around spears to keep them gathering uses. straight and also to maintain moisture to prevent splitting.

Linked to Indigenous FOR HEAVY SPEARS: Such holding culture because it is places for conservation include the local Indigenous black mud [that does not dry up word for this plant. during hot spells] because it conserves and keeps spears straight. Linked to water To allow water current to dig Fish lay their eggs were the sharing issues to sand out from under logs for salt and fresh water meet ensure suitable river fish habitat; naturally. Avoid weir

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 11 flow for bio-diversity Fish will hide under logs from constructions that prevents and cultural birds of prey, therefore the natural process relating requirements. making it easier to spear such to incoming and out- going fish. tides. Manage appropriate flows Other things needed for needed to gather and dump spear making are resins from large amounts of timber for plants; witchetty grub dung easy access for making used to make wood putty special big fires. Special wood when mixed with bush resins is used to create the type of for waterproofing spear fire to sweat timber to make prong bindings; and the timber pliable and kangaroo for long bones, prevent the spear from spine, fibres, fats and sinews. splitting. Adds to the strength of the spear shaft. Dugout Linked to culture On country oral transitional Dugout canoe making and Special places are needed to be Canoe camping knowledge teaching use - Forest Reserves needed reserved for purposes such as for “DEPENDS” on opportunities to maintain required canoe manufacturing. for culture camping to carry regrowth to sustain identified out canoe making and harvest. associated hunting and gathering. Linked to resource Connecting tributaries and Special locations in forested areas collection creek systems needed for reserved to allow logs to cure in transporting logs in wet dark and damp areas to prevent seasons to work site – logs splitting. move more freely through a creek system unlike a canoe which is more likely to snag.

Bark Bracken ferns are Bark resources for making Special barks, such as Canoe used for treating bark canoes need to be paperbark, are needed to bark. This is dealt located close to the act as canoe plugs to stop

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 12. with by making a fire manufacturing site because leaks. with bracken ferns bark is fragile and likely to to create the type break while being transported of smoke needed to over an extended distance. treat the bark both to preserve it and to make it pliable.

Table 2: Linkages and dependencies for heavy and light spears, and for bark and dugout canoes

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 13.

LINKS TO DEPENDENCY - BIO-DIVERSITY AND CULTURAL FLOW: ¾ River flushing to maintain cultural activities (water flow can expose logs buried beneath sands to make excellent fish habitat). ¾ Access to water for cultural purpose e.g. collection of shellfish for cultural gatherings. ¾ Access to connecting lands and waterway areas to allow water-reliant activities such as cultural camping. ¾ The Snowy River has four floods per year: two rainfall floods and two snowmelt floods. ¾ Sometimes our rivers are black and nutrient rich. ¾ Sometimes the rivers are full of red clay sediment which is another form of natural enrichment resulting from dust-storms from the interior that settle in Monaro country. ¾ Normal colour, sometimes dry and vulnerable to exotic vegetation species which sprout and establish themselves fast and are unscathed by river flushing and in turn cause the river beds to widen with more vegetation growth causing greater sediment build up, thus, almost the entire water volume moves under the built up matter. Sometimes the rivers dry up and the river bed becomes a nursery for exotic and native species that germinate and establish themselves rapidly. These are not vulnerable to small flood events and cause the river bed to continue to widen allowing the growth of more vegetation causing still more sediment build up. In some river systems almost the entire water volume travels beneath the layers of built up sediment. ¾ In the rivers’ natural state, rains following snowmelt may shift tonnes of nutrient-free mineral material, which in turn are more likely to cause sands lighter and fashioned to work for nature. ¾ The rivers become in a boisterous state of being. The rivers’ ferocity and furious, turbulent flow over rock cliffs along the flat country to strip unhealthy build-up, otherwise known as purification process, in preparation for the oncoming seasons and for subsequent cultural celebrations. After a spring flood event the rivers become boisterous and turbulent, flowing over rock cliffs and along the flat country stripping away built up material, known as a purification process in preparation for the coming seasons and for subsequent cultural ceremonies.

Blackfish (Warrgo) is bush medicine to Aboriginal people; therefore, blackfish is linked to Aboriginal culture. Blackfish becomes bush medicine when they eat the sea grass and mud. Continued cultural celebrations here depend on Aborigines having the legal right to fish for such species, on maintaining or acquiring the right to access suitable fishing areas and on the right to hunt and collect resources, camp etc. all of which are linked to intellectual cultural property maintenance.

Cultural linkages across the broader landscape cover a range of ecological features as outlined below:

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 14 Coastal Bio-region – begins at the Kosciuszko National Park from where the rainwater and snow melt run to the sea.

1) Weather conditions 2) Snowy Mountains 3) Snowy River 4) Coastal salt lakes and inlets 5) Sea country 6) Soils 7) Species

Bio-Science (Bush medicine)

1) Snow cover both saturates and compresses the soil. 2) Snow melt is rich in nutrients – liquids are released leaving solid matter behind. 3) Water rich in nutrients is carried away by river flow and settles where the waters are still such as in coastal salt lakes. 4) Nutrient-enriched lakebeds provide ideal habitat for seagrass and, in turn, create suitable Warrgo habitat.

Bio-Diversity and Intellectual Cultural Property Maintenance

1) Snow cloud 2) Snowy Mountains 3) Snowy River 4) Lake system 5) Open sea 6) Blackfish 7) Seagrass 8) Nutrient-enriched lake beds to grow seagrass 9) Seagrass provides food and habitat for blackfish

2.3 Statutory regions

The Eden LALC Region was established under the NSW Aboriginal Land Rights Act 1983 and extends across a multitude of other statutory regions and zones, making it difficult for people to establish which department or office is responsible for cultural and natural resource management at particular places. The Region encompasses a range of land tenures including National Parks, Wilderness Area and Reserves, State Forest, and approx private land some of which is held by the Eden LALC. Accordingly, a number of different statutory regions exist affecting land management arrangements. The statutory bodies relevant to cultural and natural resource management, as relevant to the Eden LALC region, are outlined in the table below:

CMA…..

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 15.

STATUTORY BODIES RELEVANT TO EDEN LALC REGION

DEPARTMENT NAME OF REGION GEOGRAPHICAL FEATURES

Catchment Southern Rivers CMA Covers most of Eden Management Authority LALC region. Extends westward from the coast to include the catchments of the Snowy and Genoa Rivers, excluding the far south-west corner within Tumbarumba Shire and Kosciuszko National Park (NP).

Murray River CMA Far south-west corner of Eden LALC region within Tumbarumba Shire and Kosciuszko NP.

Local Government Bega Valley Shire East coast to Brown Mountain including Nungatta. Bombala Shire Brown Mountain west to the Snowy River, including Delegate and Bombala. Snowy River Shire West of the Snowy River to the Alpine Ranges, including Mt Kosciuszko and part of the Snowy Mountain Range. Tumbarumba Shire South-west of Snowy Mountain Range including far south-west corner of Eden LALC region within Kosciuszko NP. DECCW – National Parks Southern Ranges Kosciuszko NP Division (previously Snowy Meringo Nature Reserve Mountains) Region (NR) Merriangah NR Quidong NR Paupong NR

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 16. Far South Coast Region Bondi Gulf NR Coolumbooka NR South East Forest NP Bellbird Creek NR Davidson Whaling Station Historical Site Eagles Claw NR Egan Peaks NR Mt Imlay NP Nadgee NR Wilderness Area (WA) Forests NSW Southern Region Nadgee State Forest (SF) East Boyd SF Eden sub-region Bruces Creek SF Nullica SF Gnupa SF Yurammine SF Yambulla SF Timbillica SF Nungatta SF Towamba SF Nalbaugh SF Bondi SF Bombala SF Coolangubra SF Craigie SF Cathcart SF TantawangaloSF Ingebirah SF Mowamba SF

Industry and Investment Far South Coast District Ocean and estuarine NSW (Fisheries) [South coast zone] and waters, freshwater Monaro District [South streams and West zone]. impoundments.

Table 3: Statutory bodies relevant to cultural and NRM in Eden LALC region.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 17. 2.4 Existing Agreements and Strategies

The current management arrangements operating across the Region are underpinned by a number of key agreements including the Eden Forestry Agreement, the Eden Regional Forestry Agreement, the Forests NSW (FNSW) and Eden LALC Memorandum of Understanding, the Eden LALC/National Parks and Wildlife Service (NPWS) Statement of Joint Intent and the Memorandum of Understanding between Bega, Eden and Merrimans Local Aboriginal Land Councils and the Native Title Holders and Bega Valley Shire Council. These documents provide a foundation from which Aboriginal participation in cultural heritage and natural resource management can occur.

The NSW Two Ways Together is a 10-year plan (2003- 2012) that outlines ways for Aboriginal people and the government to work together through partnerships. It commits the NSW Government to work with Aboriginal people to lessen and remove social disadvantage and to ensure all citizens of NSW share in the benefits the state has to offer. The Plan establishes ways to make sure that Aboriginal people have a strong voice in planning and deciding how their needs and aspirations are met. Seven priority areas were identified through consultation with Aboriginal people who said these areas were the most relevant to their lives and future well-being, these being health, housing, education, culture and heritage, justice, economic development, and families and young people.

The parties to the Eden Forestry Agreement March 1999 [NSW] are the Ministers administering various NSW Acts: National Parks and Wildlife Act 1974 and the Protection of the Environment Administration Act 1991, Forestry Act 1916 and Fisheries Management Act 1994, and the Environmental Planning and Assessment Act 1979. Aboriginal people’s interests have been incorporated into the agreement however Local Aboriginal Land Councils are not a party to the agreement. The term of the agreement is twenty years, due to end 2019. A summary of key clauses and attachments, relevant to the management of cultural heritage and natural resource management, are:

¾ Clause 5.1.1 that states that NPWS and Forests NSW must progressively negotiate joint management arrangements with Aboriginal communities aimed at strategic management, joint ventures and promoting recognition and respect for Aboriginal cultural heritage.

¾ Three portions of East Boyd State Forest known as Wonboyn Lake, Fisheries Beach and Kiah are to be declared as Aboriginal Land held by ELALC.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 18.

¾ Areas of State Forest (Forestry Management Zones 1, 2, 3a) have been identified for joint management to provide cultural and economic opportunities for Aboriginal communities.

¾ NPWS and FNSW must prepare a joint strategy that will include providing Aboriginal peoples with access to natural resources for food, medicine, art and craft, firewood, and ‘opportunities for traditional use and cultural activities’.

¾ Clause 5.1.2 commits the Ministers to increasing the opportunities for Aboriginal people to gain valuable land management training and, where possible, employment. This may include employment of Aboriginal staff to foster a closer working relationship with cultural heritage, as well as including Aboriginal community members in staff training.

¾ Clause 5.1.3 NPWS and FNSW must prepare a strategy to ensure Aboriginal communities participate in forest management.

¾ Attachment 2: The Eden Regional Forestry Agreement (RFA) will provide Aboriginal communities with increased opportunities to pursue traditional cultural activities, cultural heritage management and new economic ventures such as aquaculture at Fisheries Beach and Wonboyn Lake; ecological and cultural tourism on joint management areas suitable for cultural camps and guided tours. These actions will require substantial planning and on-site works before such ventures become self-funding or provide a revenue stream to support community needs.

The Eden Regional Forestry Agreement August 1999 [NSW/Commonwealth] also covers the Eden LALC region. The parties subject to this agreement are the State Government of NSW and the Commonwealth Government of Australia. The term of the agreement is twenty years, due to end in 2019. The ELALC is not a party to this agreement which implements the 1992 National Forestry Statement with the aim of protecting environmental values, encourage employment and to manage native forests in an ecologically sustainable way. Each agreement covers a twenty-year period and provides an outline as to how Forests NSW can develop regional Ecologically Sustainable Forestry Management (ESFM) plans; dedicate lands as National Parks; develop feral animal control plans cooperatively; and develop cultural heritage management guidelines. A summary of key clauses and attachments, relevant to the management of cultural heritage and natural resource management, are:

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 19. ¾ Clause 2.4 NPWS will employ and train aboriginal staff and provide contracting opportunities.

¾ Clause 79 NSW agrees to develop and implement guidelines to manage Aboriginal Heritage including the maintenance of ‘traditional historic uses and values’ and to facilitate ongoing Aboriginal involvement in the management of the land.

¾ Attachment 9 [clauses 46 (e), 79]: The NSW and Commonwealth governments acknowledge that Aboriginal cultural heritage is not confined to archaeological sites, but may include flora, fauna and landforms.

¾ The NSW and Commonwealth governments are committed to co- operative management of government-owned lands (including National Parks and State Forests) with Aboriginal communities. This involves the training and employment of Aboriginal people in land management.

¾ The NSW and Commonwealth governments will ensure that development within comprehensive, adequate and representative (CAR) reserves will consider indigenous values.

¾ An integral part of this commitment to cooperative management is the increase in opportunities for Aboriginal people to gain valuable land management training and subsequent employment and, where possible, to ensure that Aboriginal people can continue to manage their traditional country.

¾ Both parties support initiatives between government agencies (state and local) and Aboriginal communities that will both manage and preserve NSW’s rich cultural heritage in a strategic manner and ensure that all development of CAR reserves considers indigenous values appropriately.

The Forests NSW and Eden LALC Memorandum of Understanding (MoU) 2003 implements a number of key Regional Forestry Agreements (RFA) outcomes in relation to the Eden LALC region. The MoU aims to ‘create harmonious relations and processes for open dialogue between Forests NSW and ELALC; provide for consultation concerning Aboriginal interests in the planning of ecologically sustainable forest management; ensure Aboriginal cultural heritage management is culturally appropriate and aligns with ELALC programs of self determination; promote active participation of the Aboriginal community in the management of Aboriginal cultural heritage and areas in the CAR reserve system; provide for Aboriginal access for cultural activity and provide for Aboriginal economic activity using forest resources’. In particular, the MoU states that:

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 20. ¾ Forests NSW will consult with ELALC in formulating joint working plans for new flora reserves in Forest Management Zoning (FMZ)1;

¾ Forestry NSW will contribute towards the develop of Aboriginal skills and resources for cultural heritage management through planning and paying a fee for services;

¾ ELALC can nominate areas for joint management in FMZ 1, 2 and 3a.

The 2001 Twofold Bay Indigenous Land Use Agreement [Area Agreement] between Twofold Bay Native Title Group, the NSW Aboriginal Land Council, the Minister for Land and Water Conservation, the Commonwealth of Australia, the Waterways Authority and the Eden LALC, applies to the Commonwealth Government’s Twofold Bay [East Boyd Bay] Multipurpose Wharf, access road, commercial facility site and related explosion zone. The agreement gives authority to the Eden LALC to:

¾ Protect, manage, take or use for domestic or commercial purposes such of the marine resources as may from time to time, exist in the waters of Twofold Bay that are the subject of this agreement and are subject of an assertion of native title rights and interests by the Twofold Bay Native Title Group. ¾ This authority is given for the benefit of all persons from time to time in the Twofold Bay Native Title Group and all persons who are members from time to time of the Eden LALC. ¾ The Commonwealth agrees to work with the Twofold Bay Native Title Group to examine opportunities for local Aboriginal people to participate in the project, especially by way of direct employment and related training programs.

The 2003 Eden LALC/NPWS Statement of Joint Intent (SOJI) concerns specific cooperative management arrangements and joint venture opportunities, as provided for in the RFA. The parties subject to this agreement are the Eden Local Aboriginal Land Council (representing the local Aboriginal community) and the NSW National Parks and Wildlife Service (Far South Coast Region). The focus of the SOJI is culture camping, cultural activities and cultural tourism opportunities in the Eden LALC area within the NPWS Far South Coast regional boundary, in relation to:

¾ Haycock Point Culture Camp, Ben Boyd National Park;

¾ Construction of a culture camp on Fisheries Bay Aboriginal Land;

¾ Use of Saltwater Creek and Bittangabee Bay camp grounds, Ben Boyd National Park;

¾ Use of Far South Coast National Parks for cultural activities;

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 21. ¾ Support for long-term cultural tourism opportunities in Far South Coast National Parks to provide sustainable social and economic benefits to the local Aboriginal community.

The Department of Environment Climate Change and Water (DECCW–NPWS) also has two draft MoUs relating to the Eden LALC region, one covering National Parks within the Far South Coast (FSC) Region, the other covering National Parks within the Southern Ranges (previously Snowy Mountains) Region. While the MoU for the FSC region deals specifically with outstanding RFA matters and land claim and access issues, the overall intent of both draft MoUs is to formalise Aboriginal participation in the cooperative management of National Parks through increasing employment opportunities and cultural activities.

The 2008 Memorandum of Understanding between Bega, Eden and Merrimans Local Aboriginal Land Councils and the Native Title Holders and Bega Valley Shire Council (BVSC), outlines baseline protocols in relation to communication between the Council and the Aboriginal community, as well as in relation to community development, employment and heritage protection. In particular the MoU states that:

¾ The BVSC recognises that the sum of Aboriginal cultural heritage is not confined to archaeological sites and artefacts, but also includes natural values such as flora, fauna, landforms and natural resources;

¾ The BVSC will assist, encourage and promote employment opportunities for Aboriginal people both in its own workforce and in the broader community workforce;

¾ The BVSC will make available dedicated employment positions for Aboriginal people proportionate to total shire Aboriginal population and will allocate at least one position to be filled by an Aboriginal employee in each of the shire’s three LALC boundaries;

¾ The LALCs will identify cultural tourism opportunities;

¾ The LALCs will identify lands for joint management; and

¾ The LALCs will identify cultural places requiring special recognition and/or protection.

Based on existing agreements, many opportunities for Aboriginal participation in NRM are provided for across the Region on public lands managed by local and state governments. In the main, these agreements are not applied to their full extent. The common barriers hindering the attainment of identified goals, according to the agencies involved, are funding, communication, training, capacity levels and a general lack of understanding about what potential exists within the agreement – for instance, what the specific activities that relate to ‘joint management’ are.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 22. 2.5 Existing National Park Plans of Management (POMs)

Plans of Management direct the future management of lands. It is important for the Aboriginal community to have a say when each plan is reviewed or updated to allow for the incorporation of Aboriginal perspectives. The inclusion of Aboriginal views in existing plans, in relation to cultural heritage and natural resource management varies across the Region, in part reflecting the changes in the government’s understanding and appreciation of Aboriginal cultural heritage and the aspirations of the Aboriginal people to be directly involved in the management of their traditional lands. Key aspects of existing plans of management for public lands across the Region, in relation to cultural and natural resource management have been summarised below.

Ben Boyd National Park and Bell Bird Nature Reserve Plan of Management 2010 draft (DECCW seeking comments until the 10th June 2010):

¾ Archaeological and intangible Aboriginal sites have been recorded in the Park and Reserve. Past and present cultural attachments to the land and sea are recognised, including the need to access the coastline for cultural purposes.

¾ There is an objective to protect sites from disturbance, through track interpretation, surfacing and other works, in consultation with the Aboriginal community.

¾ There will be facilitation of Aboriginal cultural activities through a cultural camping area at Haycock Point, for use by all Aboriginal people of the far south coast.

¾ Identifies that cooperative management would be beneficial with regards to pests and burning on LALC land bound by NP.

¾ Investigation of the potential for dual naming in the northern section of the Park (in the Pambula Lake area) to reflect Aboriginal cultural attachments to the area.

South East Forests National Park and Egan Peaks Nature Reserve Plan of Management 2005:

¾ Archaeological and intangible Aboriginal sites have been recorded in the Park and Reserve. All works with the potential to affect these sites will be preceded by an assessment.

¾ Acknowledged Aboriginal involvement in Park and Reserve through cooperative management and cultural tourism.

¾ Identified the need to formalise the consultation process in relation to Aboriginal heritage issues.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 23. ¾ MoU to be developed to establish principles for a range of issues aimed at maximising the involvement of the Aboriginal community in the ongoing management of the Park.

¾ Identified need to survey and record Aboriginal sites, places and landscapes within the Park in order to identify priorities for ongoing conservation and management of Aboriginal cultural heritage.

¾ DECCW will undertake research to provide information about the Park’s natural and cultural features, in order to improve management. The Aboriginal community will be involved in the design and implementation of the research relating to Aboriginal cultural heritage, and in the use of the information.

Davidson Whaling Station Historic Site Plan of Management 1995:

¾ The categories of appropriate land use within Davidson Whaling Station Historic Site, as outlined in the Plan of Management, are recreation (in certain areas), education, research and promotion of the area as a low-key daily use area.

¾ Archaeological evidence suggests Aboriginal people used the area from at least 5,000 years ago, through to the European whaling period. Sites are to be preserved.

¾ Aboriginal involvement in the whaling industry to be interpreted.

¾ All known sites are to be recorded; advice will be sought on preserving the shield tree and a commitment made to ongoing liaison with Eden LALC regarding the management and interpretation of Aboriginal sites.

Nadgee Nature Reserve Plan of Management 2003

¾ Recognition that the land is within the Bidawal tribal area, shared by Dharwa and Monaroo people.

¾ The Reserve contains extensive and rare Aboriginal sites that are to be preserved in consultation with the LALC and the Aboriginal community.

¾ No systematic archaeological survey of Nadgee has taken place.

¾ The pre-European fire history of the reserve is not known.

¾ There should be support for Aboriginal people undertaking cultural activities of low environmental impacts.

¾ As part of the cooperative management arrangement agreed to in the RFA, Aboriginal people needing access to Newtons Beach for cultural purposes are currently permitted to enter by vehicle.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 24.

¾ There is an identified need to set long-term protocols in relation to Aboriginal access and use of the Reserve and ensure that ongoing use is consistent with wilderness management principles.

¾ Co-management opportunities for all or part of the Reserve will be explored.

Mt Imlay National Park Plan of Management 1998

¾ Little is know about the Aboriginal cultural heritage values of Mt Imlay National Park. It is likely that the area has archaeological and spiritual values.

¾ DECCW will liaise with ELALC about all aspects of management of Aboriginal heritage within the Park.

¾ All work involving ground disturbance will be preceded by an assessment.

¾ Survey for Aboriginal sites and past Aboriginal use of the area will be encouraged.

Coolumbooka Nature Reserve Plan of Management 2008:

¾ Acknowledgement that the Coolumbooka area was occupied by the Ngarigo people.

¾ Little is known about past Aboriginal use in the area, as only fire trails within the Reserve have been surveyed for Aboriginal sites.

¾ Identified need to assess sites prior to ground disturbance and to involve LALC in the management of Aboriginal sites.

¾ Identified need to survey and record sites within the Reserve.

Eagles Claw Nature Reserve Plan of Management 1992:

¾ While no detailed survey has been carried out to locate Aboriginal sites, none are known in the Reserve. However, several sites have been found in the vicinity. Any sites discovered will be recorded in the Service's sites register.

¾ Given the importance of Eagles Claw Nature Reserve for the protection of the Little Penguin population and the lack of any known Aboriginal sites, priority will be given to the protection of the Reserve's natural values.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 25. The Central Monaro Reserves (including Paupong Nature Reserve within the Eden LALC region) Plan of Management 2008

¾ Dearling (2003) considers, based on the topography, geology and water availability of the Reserve, the areas which would have been most attractive for Aboriginal habitation are along Gully Creek in the west and Gully Gap Creek in the east which is a tributary of the Beloka Creek which forms the upper catchment. Dearling recorded a total of 90 artefacts in eight open artefact scatters and a single isolated find. A total of five different stone raw materials were recorded.

¾ Commits to consult with the LALC in regard to the management of Aboriginal heritage in the Reserves.

¾ All new ground disturbance work will be preceded by an assessment for cultural features.

¾ Encourages further research into the Aboriginal heritage values of the Reserves in close consultation with the relevant community members.

¾ The cultural heritage value of any newly-found cultural heritage sites will be assessed and management strategies will be prepared if necessary.

Bondi Gulf Nature Reserve Plan of Management 2008:

¾ The Bondi Gulf area was occupied by the Ngarigo people.

¾ Little is known about past Aboriginal use of the Reserve, however eight sites have been recorded within the Reserve and 32 sites have been recorded within a five-kilometer radius of the Reserve. ¾ The Reserve is dissected by a major watercourse, the Genoa River, and it is possible that groups may have moved through the area on a seasonal basis.

¾ All ground disturbance work will be preceded by a check for cultural features and any sites found will be recorded and protected.

¾ The Eden Local Aboriginal Land Council will be consulted and involved in the management of Aboriginal sites, places and values.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 26. Merriangah group of Nature Reserves (incorporating Merriangaah, Quidong and Meringo Nature Reserves) draft Plan of Management 2008 (comment period closed):

¾ Aboriginal communities have an association with and connection to the land. The land and water within a landscape are central to Aboriginal spirituality and contribute to Aboriginal identity. Aboriginal communities associate natural resources with the use and enjoyment of foods and medicines, caring for the land, passing on cultural knowledge, kinship systems and strengthening social bonds. Aboriginal heritage and connection to nature are inseparable from each other and need to be managed in an integrated manner across the landscape.

¾ A preliminary Aboriginal cultural heritage study of the Reserves was carried out in 2002 (Dearling 2003). The study found that each of the Reserves exhibits signs of Aboriginal use and visitation, but it is unlikely that they were sites of long-term habitation. Aboriginal artefacts were found across all Reserves with the greatest concentration close to watercourses, especially at the confluence of major streams and rivers. Of particular interest was the presence of large silcrete nodules in and adjacent to Quidong Nature Reserve. It is possible that these nodules may be one of the sources of silcrete used for stone tool making in other areas of the Monaro.

¾ The Eden Local Aboriginal Land Council and other relevant Aboriginal community members will be consulted and involved in the management of the Aboriginal heritage of the reserves.

¾ All new ground disturbance work will be preceded by an assessment for cultural features.

¾ Further research and surveys into the Aboriginal and historic heritage values of the Reserves will be encouraged in close consultation with the Eden Local Aboriginal Land Council and local community members.

Kosciuszko National Park Plan of Management 2006

¾ Recognition that the Park is within a landscape that gives identity to Aboriginal people who have traditional and historical connections to this land. Aboriginal people are recognised and respected as the original custodians of the lands, waters, animals and plants now within the Park. Their living and spiritual connections with the land through traditional laws, customs and beliefs passed on from their ancestors are also recognised. The statutory role of Local Aboriginal Land Councils in the protection and management of Aboriginal heritage values is respected, as are the roles and responsibilities of other Aboriginal groups that have traditional and historical connections with country

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 27. now in the Park, including Monaro Ngarigo, Wiradjuri, Wolgalu and Ngunnawal people.

¾ The plan recognises that natural and cultural values are often intertwined in the landscape and should be managed in a holistic way. It also acknowledges the roles, responsibilities and aspirations of Aboriginal people with connections to the mountains.

¾ Cultural heritage initiatives contained in the plan include establishing cooperative management agreements or similar protocols where supported by Aboriginal people; forming cultural heritage management partnerships with appropriate individuals, families and communities; establishing programs to record intangible cultural values, including ‘Memories’ and ‘Traditional Knowledge’ projects and a ‘Naming’ project, including an investigation of Aboriginal names for places in the Park.

¾ The key issues and opportunities associated with contemporary cultural heritage management relate to conflicts between the protection of natural and cultural values and between different cultural values; recognition and management of the interconnected nature of many natural and cultural values, places and themes; community involvement in heritage management; the living nature of the cultural connections that many people have with places in the Park; gaps in knowledge concerning heritage places and objects, values and significance; threats to the physical condition of heritage places; and the promotion of public understanding and appreciation of the cultural values of the Park through interpretation and education.

¾ There is a need to identify the links between heritage landscapes and places through the examination of the ongoing available documentary evidence and information collected through strategies contained in this plan. Mapped representations of linked landscapes and places will be stored in the Aboriginal Heritage Information Management System (AHIMS) and Historic Heritage Information Management System (HHIMS).

¾ A commitment to actively engage with all relevant Aboriginal organisations, families and individuals, including Monaro Ngarigo, Wiradjuri, Wolgalu and Ngunnawal people in protecting, managing and interpreting Aboriginal heritage in the Park.

¾ Within the context of the cultural tourism management framework, there will be encouragement and support for the establishment of appropriate tourism ventures by local Aboriginal and non-Aboriginal communities based upon their own cultural heritage located within the Park.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 28. ¾ Explore and develop cooperative management agreements or similar protocols where supported by appropriate Aboriginal groups.

¾ Establish a permanent heritage partnership with Aboriginal people for the entire Park.

¾ Develop and implement a Park employment and training program for Aboriginal people associated with the mountains, consistent with the Service’s Aboriginal Employment and Development Strategy and other relevant policies.

¾ Develop and implement mechanisms to facilitate the ongoing participation of Aboriginal people in park management activities and their early involvement in the planning process for proposed activities and works.

¾ As a symbolic means of recognising Aboriginal people’s traditional connections to the area, support the dual naming of the Park with an appropriate Aboriginal name.

¾ Ensure new Aboriginal place names are submitted for approval to the Geographical Names Board of New South Wales for inclusion on the Geographical Names Register. Where such landscape features are already named, dual naming will be sought.

¾ Ensure that the names collected and their origins, sources and meanings (if appropriate) are stored in the AHIMS and HHIMS.

¾ Develop protocols and procedures for the involvement of Aboriginal people in welcoming ceremonies and other roles for events and activities held in or near the Park in association with relevant organisations.

¾ Prepare and implement a “Welcome to Country” program in association with relevant organisations.

¾ Permit Aboriginal culture camps. Determine the site(s) for such camp(s) and operational protocols with appropriate Aboriginal communities.

¾ Pursue the establishment of an Aboriginal cultural and teaching centre within or near the Park.

¾ Permit hunting and gathering for cultural or ceremonial purposes by Aboriginal people with a cultural association with the Park according to the Service’s policy. Determine the provisions and protocols relating to these activities through discussions between the Service and appropriate Aboriginal people.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 29. ¾ Undertake a review of existing information about the gender status of Aboriginal places within the Park in association with appropriate Aboriginal people and develop access protocols.

¾ Develop a framework for cultural tourism management within which individual heritage corridors, precincts and places will be developed and promoted.

¾ Develop and implement protocols and guidelines for cultural heritage- based tourism operators in the Park. Monitor and manage the impacts associated with tourism and recreation on heritage places within the bounds of acceptable change.

¾ Undertake regular cross-cultural awareness training programs for staff and encourage existing tourism and resort operators to conduct similar programs for their employees.

Based on existing plans of management, many opportunities for Aboriginal participation in NRM are provided for across the Region on public lands managed by local and state governments. Gaps and opportunities include Aboriginal traditional ecological knowledge (TEK) in relation to identified flora species and the involvement of Aboriginal people in general operational works relating to culturally sensitive areas. There is a general lack of application of these plans. Of particular concern to the Aboriginal community is the inaction relating to the implementation of the projects identified in the Kosciuszko National Park Plan of Management, developed through a broad and inclusive consultation process.

Common barriers hindering the attainment of identified goals, according to the agencies and community members involved include a lack of:

¾ Human resources ¾ Relevant skills. ¾ Accountability

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 30. 2.6 Other plans

2.6.1 Eden LALC community, land and business plan 2008 to 2013

“… Eden LALC is committed to the social and economic independence of itself and its members. The LALC will realise this through proper protection, acquisition, management and development of its assets to achieve long–term generational self-sustainability...” Eden LALC 2008

The Eden LALC was incorporated in 1984 under the NSW Aboriginal Land Rights Act 1983. In 2008 the LALC produced their community, land and business plan (2008 – 2013) which details goals and strategies for their region. The plan incorporates a community needs analysis survey and provides details of the land held by the LALC. Eden Local Aboriginal Land Council will strive to be respected by other organisations and held up as an example to other Land Councils. They want to be seen as being honest, successful and progressive. Their members come from a cross-section of Indigenous peoples. All members are valued equally, regardless of their traditional cultural affiliation. Local opportunities identified in the plan include:

¾ Eden is a popular destination for tourists with many attractions: Twofold Bay, Mt Imlay, the Eden Killer Whale Museum, the Marine Discovery Centre, Davidson Whaling Station, Boyd’s Tower, surfing beaches, the world’s third deepest natural harbour, whale watching from September to November, the Whale Festival, National Parks and State Forests. There is an unmet demand for an Aboriginal cultural centre on the far south coast of NSW providing cultural tours, art, craft etc. ¾ There are a range of short- to long-term commercial and joint venture opportunities including the establishment of a cultural campsite on Fisheries Beach, the construction of wilderness cabins, rent of land for communications towers and wind farms, guided cultural tours along the Bundian Way and aquaculture. ¾ Training and employment programs.

Goals identified in the plan include to:

¾ identify, protect and maintain Aboriginal cultural sites and artefacts (ongoing heritage program);

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 31. ¾ develop the Keeping Place into a prominent source of knowledge of South Coast Aboriginal culture, language, history and documents (ongoing archives program in association with the Keeping Place); ¾ establish a public campsite at Fisheries Beach; ¾ develop a sustainable workload for an Aboriginal work crew with SRCMA, NPWS and Forests NSW; ¾ consider provision of cultural tours, art and craft for the Marine Discovery Centre; ¾ obtain funds to complete the highway upgrade into the Keeping Place and plan Keeping Place enterprises (café, retail shop, cultural tours); ¾ develop Keeping Place enterprises (café, retail shop, cultural tours) as determined by agreement; ¾ consider proposal(s) to establish a wind farm(s); ¾ provide tourism services for the Bundian Way; ¾ evaluate the feasibility of building wilderness cabins at the southern end of Ben Boyd NP; and ¾ develop an aquaculture venture (abalone farming, mussels from the naval wharf) with in kind support from Industry & Investment NSW (Fisheries).

The land and sea country plan links in with a number of the stated Eden LALC goals, including the development of a sustainable workload for an Aboriginal work crew with SRCMA, NPWS and Forests NSW, and the ongoing need to identify, protect and maintain Aboriginal cultural sites and artefacts.

2.6.2 Southern Rivers CMA Catchment Action Plan 2007

The NSW Catchment Management Authorities Act 2003 came into force in January 2004. Catchment Management Authorities (CMAs) are responsible for NRM in their catchment, including investment in management activities, native vegetation protection, water management and community engagement.

The Catchment Management Authority Catchment Action Plan (CAP), which incorporates other plans relating to the catchment such as estuary management plans, aims to achieve long-term sustainable environmental management throughout the catchment. The (CAP) states that one of its guiding principles is that natural resource management must light a path towards reconciliation between Aboriginal values and those of other Australians. More specifically, Target C3 states that “… from 2006 indigenous communities will be better engaged in natural resource management planning and resources and opportunities as “Care for Country” are increased.” Other targets in the CAP detail the commitment to partner with Aboriginal communities to protect sites of cultural significance and develop and implement natural resource management enterprises. Examples of activities that would support this target includes cultural heritage mapping protection, and Aboriginal aquaculture strategy and restoration programs. Also included are capacity-building measures such as natural resource management training and education programs.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 32. In summary, as relevant to this plan, the CMA CAP targets include:

Community and Partnerships

Management target C3: From 2006 indigenous communities will be better engaged in natural resource management planning and resources as opportunities to “Care for Country” are increased.

Management target C4: By 2016 there will be an increase in community awareness, knowledge and skills in relation to natural resource management and an increase in the adoption of practices that improve natural resource outcomes.

Biodiversity

Biodiversity target 1: By 2016 there will be an improvement in native vegetation condition and an increase in connectivity and extent.

Management target B5: By 2016 vertebrate pest species will be controlled in key locations.

Management target B6: By 2016 priority weed species will be controlled in key locations.

Water

Water catchment target: By 2016 river and water body health will be maintained or improved in priority stressed river sub-catchments and priority high conservation value rivers.

Water management target W5(a): By 2016 an additional 2000ha of riparian vegetation will be managed for improved riverine ecosystem condition.

Water management target W5(b): By 2016 streambed and bank stability over 150 km of priority watercourse will be rehabilitated and protected through the construction of a minimum of 50 streambed and bank control structures.

Coastal and Marine

Coastal and Marine Targets: By 2016 the condition of coasts, estuaries and the marine environment will be maintained or improved through active management, best management practice and strategic research.

Management target CM1: By 2016 the condition of coastlines will be maintained or improved through the development and implementation of natural resource management plans.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 33. Management target CM2: By 2016 the condition of estuaries will be maintained or improved through development and implementation of natural resource management plans (including estuary management plans).

Management target CM3: By 2016 best management practices will be developed and adopted by aquatic/marine industries.

2.6.3 Local government Local Environmental Plans

Under the Environmental Planning and Assessment Act 1979 local governments across NSW are required to develop a Local Environmental Plans (LEP) – a rule book for development activity across each local government area. The State Government’s new Standard Instrument will coordinate and standardise LEPs across NSW, making improvements to the management and protection of Aboriginal heritage. Listing an Aboriginal cultural area as a ‘heritage conservation area’ in an LEP invokes automatic requirements for consultation with the Aboriginal community when development may affect listed items. To date there are no ‘Aboriginal Items’ or ‘Aboriginal Heritage Conservation Areas’ listed in the four LEPs developed by the four local government areas relevant to the Eden LALC region.

Local Environmental Plans also detail land zonings, what development can and cannot be done in any particular area on a particular portion of land. Alterations to zonings are difficult, but become slightly easier during the period of LEP review and exhibition.

Many opportunities and restrictions for Aboriginal participation in NRM and enterprise development will exist at the local government level, depending on LEP conditions. A summary of the four local government areas’ plans of management for public lands is required but is beyond the scope of this plan. Moreover, an assessment of LEP zonings on LALC lands is also required but is not possible at this stage of the planning process.

2.6.4 Twofold Bay and Hinterland Strategy

The Twofold Bay and Hinterland Strategy provides a framework for planning a defined local area that takes into account social, economic, cultural, and water and land use issues. It is a collation of the collaborative work undertaken by six community working groups, the Department of Infrastructure, Planning and Natural Resources (DIPNR), other state and federal agencies and the Bega Valley Shire Council. The strategy aims to provide direction in statutory and non-statutory elements of planning, with an underlying principle being the need for processes to be adaptive and flexible to accommodate change over time.

The strategy outlines specific actions that aim to find direction in an area that has suffered economically since the decline of commercial fishing and

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 34. forestry. It targets aquaculture as an industry through which Local Aboriginal Land Councils could obtain employment, as it states as an action; “Pursuing cooperative investments with the Local Aboriginal Land Council for aquaculture” and to “Investigate opportunities to extend traditional uses”. Industry and Investment NSW (Fisheries) and industry groups with support from NSW Department of State and Regional Development (DSRD), Aboriginal and Torres Strait Island Commission (ATSIC)4 and the NSW Department of Aboriginal Affairs (DAA) are mentioned as playing the lead roles in this action. The rationale behind this is to create jobs in the seafood industry, which is vitally important to the community.

2.6.5 NSW Indigenous Fishing Strategy 2002

‘… Fishing has been an integral part of the cultural and economic life of coastal and inland Aboriginal communities since they have been in this land. Fishing has been an important source of food, a basis for trade and an important part of cultural and ceremonial life. Traditionally, Aboriginal fishers had responsibility for providing not just for themselves but also for family and community. These cultural expectations continue in Aboriginal communities today. The strategy seeks to protect and enhance the traditional cultural fishing activities of Aboriginal communities, and ensure Aboriginal involvement in the stewardship of fisheries resources…’ Indigenous Fishing Strategy in 2002

The then NSW Department of Primary Industry (DPI) now Investment and Industry NSW (Fisheries) developed an Indigenous Fishing Strategy in 2002. The strategy acknowledges that:

The strategy has four key result areas:

¾ Building respect for Aboriginal tradition and culture. Goal: To ensure the knowledge and views of Indigenous communities are understood, respected and considered in fishery and Marine Park planning.

4 ATSIC no longer exists as a statutory body, it was disbanded in 2005.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 35. ¾ Engaging Aboriginal communities in fisheries resource management. Goal: To involve Aboriginal communities in fishery and Marine Park management. ¾ Social and economic development. Goal: To encourage Aboriginal community involvement in commercial opportunities associated with our fisheries resources. ¾ Indigenous employment opportunities. Goal: To promote opportunities for Aboriginal employment and training in Industry & Investment NSW (Fisheries) and in resource management, aquaculture and commercial fishing.

Disappointingly, funding for the implementation of this strategy has been discontinued. A number of partnership programs have evolved from the Strategy, including the establishment of the Wagonga Rangers who have been involved in controlling the spread of the Pacific Oyster infestation in Wagonga Inlet; the establishment of the South Coast NSW Aquaculture Aboriginal Corporation; the development of an Aboriginal oyster farm enterprise; the Wollongong Aquaculture Aboriginal Corporation undertaking a feasibility study for a fish farm at Shellharbour; and two abalone aquaculture developments planned at Port Stephens Research Station and South Pindimar (Hunt et al 2009).

2.6.6 Sea Country: an Indigenous Perspective. The South-East Regional Marine Plan Assessment Report.

“Indigenous people had a great knowledge and respect for the sea. They could read the wind and the seasons. They harvested on a sustainable basis. However, the loss of rights and imposition of different restrictions means that this knowledge is difficult to apply.” (Workshop, Eden LALC, Tuesday 25 September 2010).

The Sea Country, an Indigenous Perspective report makes up one of six reports as part of the South-East Regional Marine Plan. These reports were the first regional marine plan developed under the Australia’s Oceans Policy as a way of achieving the Oceans Policy vision. These plans work together to maintain ocean health and support competitive, yet sustainable, industries as well as enhancing the enjoyment people derive from oceans and the sense of stewardship people feel for oceans. The Indigenous Perspective Report has specifically gathered input on Indigenous uses, rights, responsibilities and values to sea country.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 36. The report focuses on identifying concerns and aspirations for the current management of sea country. The following is a summarised list of the major issues for sea country outlined within the report. The report identifies:

¾ A lack of recognition and understanding of Indigenous fishing rights and knowledge; ¾ Inadequate opportunities for Aboriginal involvement in coastal zone management; ¾ A lack of opportunity for Aboriginal training and employment in the commercial fishing industry and aquaculture enterprises; ¾ A lack of recognition of the existence of distinct Aboriginal fisheries; ¾ Barriers to involvement in commercial fishing, especially high licence fees, increasing regulation and inequity in license allocation; ¾ Frequent confiscation of catches, and the prosecution, fining and sometimes imprisonment of Aboriginal fishers, particularly those involved in collecting abalone; and ¾ The poor management of marine resources (National Oceans Office 2002).

2.6.7 Regional Ecological Sustainable Forest Management Plan: Eden

The Eden Regional Ecological Sustainable Forest Management (ESFM) Plan covers the management, in terms of the Forestry Act 1916, of native forests within the State forests and associated State forested lands within the Forest Agreement for Eden Region. The Plan outlined ten strategies to achieve objectives in key areas of forest management including natural heritage, Aboriginal cultural heritage, nature conservation, forest health, forestry operations and consultation, monitoring and reporting. In terms of Aboriginal cultural heritage management, Forests NSW will identify, protect and manage Aboriginal cultural heritage values and issues in State forests in cooperation with the Aboriginal community. They will also:

¾ Engage local Aboriginal people to create an awareness among Forests NSW staff about Aboriginal cultural heritage; ¾ Involve the Aboriginal community in the management of their cultural heritage through direct involvement in the inspection, discovery, monitoring and maintenance of Aboriginal sites; ¾ At the request of Aboriginal communities, examine areas of State forest mutually suitable for joint management arrangements; and ¾ Foster cooperative arrangements with the Aboriginal community for access to forest materials used for art and craft, food and medicine, and opportunities for cultural activities on traditional lands.

In terms of social development, Forests NSW will maximise its contribution to the social well-being of regional communities (within ecological constraints and subject to using forests for other purposes). In relation to this they will:

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 37. ¾ Promote local and regional employment by encouraging the development of forest-based industries, especially in value adding timber products; ¾ Continue to promote recreational use that is ecologically sustainable; ¾ Work with Aboriginal communities to identify and facilitate cultural heritage tourism opportunities; and ¾ Promote the use of State forests for natural resource education.

Outcomes identified in terms of Aboriginal heritage and involvement in NRM include:

¾ The engagement of the Aboriginal community with Aboriginal cultural heritage management; ¾ The maintenance of a database of Aboriginal heritage sites; ¾ The incorporation of Aboriginal heritage in forest management planning and environmental training programs; ¾ Ensuring that Forests NSW staff and contractors are trained in Aboriginal cultural heritage awareness; ¾ Ensuring that Aboriginal people are employed to deliver Aboriginal cultural heritage programs, to identify Aboriginal sites and liaise with Aboriginal communities; and ¾ Agreements for Aboriginal co-management of forests, and access for products and activities, developed with local Aboriginal communities.

2.7 Eden LALC landholdings and natural resources

2.7.1 Landholdings

Within their boundary area, ELALC has title to approximately 137 portions of land that vary in size from urban-sized blocks to 846 hectares. Larger holdings exist in the west of the ELALC boundary area with four portions of land bordering and in close proximity to Kosciuszko National Park exceeding 1911 ha. A few smaller holdings occur on the Monaro Plain and the forested coastal escarpment. Along the coast, three significant portions of land occur within Twofold Bay, south of Boydtown and along the Wonboyn River exceeding 630 ha in area. Numerous smaller portions also exist along the coast, scattered from Pambula to Boydtown. Eden LALC granted land claims include freehold title to: ¾ Town blocks in Eden, Pambula, Wyndham and Bombala townships. ¾ Eight heavy industrial lots in Eden. ¾ Eight rental properties. ¾ Land at Wonboyn Lake, East Kiah, West Kiah and Fisheries Beach totalling 960 ha. ¾ Green Cape Plantation of 16 ha in Ben Boyd National Park.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 38. Map 2 in the Appendix is a representation of Aboriginal land within the ELALC region. This map is not comprehensive due to the difficulties experienced in obtaining relevant mapping data. This issue is not unique to ELALC as many LALCs lack accurate and up-to-date information due to a lack of resources (Marcia Ella-Duncan, Land Alive, pers. comm. 2.2.2010).

2.7.2 Environmental Assets and NRM issues

A large number of flora, fauna and other ecological studies have occurred in the Region. However, few have occurred directly on Aboriginal-owned land. Comprehensive ecological information available for the Region includes: coastal endangered ecological community (EEC) mapping (DEC 2006); threatened species mapping (NPWS); vegetation mapping (Tozer et al 2006) and local knowledge. The only other information available to assess the conservation significance of Aboriginal land was a report done by Miles (2002) who surveyed three portions of Aboriginal land as part of the Regional Forest Agreement. This survey included an assessment of weeds, vegetation and threatened flora on blocks of land at Fisheries Beach, Kiah Block and Wonboyn Beach.

Comprehensive vegetation mapping of Aboriginal land (Tozer et al 2006) within the Region did not include surveys done on Aboriginal land, instead the mapping component covers Aboriginal land by way of remote sensing. Examples of ecological communities occurring on Aboriginal land, as mapped by Tozer et al., include: Lowland Gully Shrub Forest and Coastal Dry Shrub Forest; hinterland country is covered by Bega Wet Shrub Forests; the Monaro Plain includes small parcels of Aboriginal land mapped as Lower Snowy Dry Shrubland and Southern Tableland Flats Forest. Parcels of Aboriginal land in the Snowy Mountains contain Tussock Grasslands and Lower Snowy Dry Shrubland communities.

Threatened fauna species

A search of threatened fauna species databases found numerous recordings of threatened fauna on and in very close proximity to Aboriginal land, especially those blocks lying closer to the coast. For example a 323 ha portion of Aboriginal land at Wonboyn has records for over ten threatened species on the block or within a one-kilometre radius. There are no records of threatened species on the larger parcels of land closer to Kosciuszko National Park, although there are numerous recording for species within a ten- kilometre radius.

A lack of data for these areas does not necessarily indicate an absence of significant species, but instead a lack of survey work conducted in these specific areas. For example, in the Snowy Mountains Tiger Quoll and Koala records exists within four kilometres of a portion of Aboriginal land of the same habitat type (Tozer et al. 2006). It is, therefore, highly likely that there is habitat on Aboriginal land for many threatened species not yet recorded.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 39. Miles’s (2002) work did not include comprehensive fauna surveys, although it did note the occurrence of habitat elements for numerous threatened fauna species. An example includes the presence of habitat for the Glossy Black Cockatoo on the Wonboyn Block.

Threatened flora species.

Far fewer records of threatened flora occur on Aboriginal land, although this again may not be due their absence but instead a lack of survey work conducted in these areas. While Miles (2002) found no threatened flora, numerous species of regional conservation significance were recorded on all the three blocks surveyed.

Endangered Ecological Communities (EEC).

EEC mapping exists for the coastal portion of the Region. It indicates known occurrences of the EECs of Littoral Rainforest and Coastal Saltmarsh on the Fisheries Beach Block. The Wonboyn Block also contains small areas of Coastal Saltmarsh (DECC 2006). The Littoral Rainforest patch is considered important, due to the high quality of its condition and its location, being the southern-most significant patch of littoral rainforest on the Far South Coast (Stuart Cameron, CMA, pers. comm., 2.5.2010). Miles (2002) conducted an assessment of potential impacts on this vegetation community. The study showed that the greatest threats to the EEC at Fisheries Beach were the presence of the weed Arum Lily (Zantedeschia aethiopicum) and impacts from inappropriate use of the site by campers and other recreational users. More recently the CMA has worked with ELALC to assess key threats to this vegetation community and has concluded that the area is threatened by campers, in the form of vehicle traffic, firewood collection and excessive sedimentation and weeds (including Blue Hound’s Tongue (Cynoglossum creticum).

Wildlife corridors.

Three parcels of Aboriginal land occur on the border with, or in close proximity to, Kosciuszko National Park. Two of these act as wildlife corridors from the Park to Paupong Nature Reserve, providing a significant area for species movement. The third parcel of land borders Kosciuszko National Park and acts as an extension to the conserved area in an easterly direction.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 40. Weeds.

A search of the weeds data (Cameron 2008) found records of Cotton weed (Gomphocarpus fruticosus) on small portions of Aboriginal land in Eden town ship. All local councils within the Region were contacted to comment on know weed populations on Aboriginal land within their area and only BVSC were able to provide information. The following weeds have been recorded within the BVSC region on Aboriginal land. Not all sites have been inspected and the information has been derived from knowledge of weed issues affecting the surrounding land. All weeds listed other than ‘garden escapes’ are noxious weeds and require management (Ann Herbert, BVSC, pers. comm., 6.6.2010).

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 41.

Description Lot/s Section DP/s Area (ha) Weeds

Pambula area – 529, 530 1007936 12.79 African lovegrass (Eragrostis curvula), Blackberry (Rubus fruticosus), town edge 1 - 3, 16 - 19 45 758825 0.52 garden escapes 1 – 4 46 758825 0.29

13, 145, 21, 15 758225 0.32 22 SW of Pambula 511 1040726 62.2 African lovegrass (Eragrostis curvula), Blackberry (Rubus fruticosus) Beach Nethercote 116 750192 24.16 African lovegrass (Eragrostis curvula), Blackberry (Rubus fruticosus),, Serrated tussock (Nassella trichotoma), Fireweed (Senecio madagascariensis) Wonboyn 46 1120108 16.45 Blackberry (Rubus fruticosus), garden escapes Wonboyn Lake 1, 2 1084809 298.79 Blackberry (Rubus fruticosus), garden escapes Nungatta 211 1045566 46 Blackberry (Rubus fruticosus) Towamba River 65, 67, 68 1040135 199.69 Blue hound’s tongue (Cynoglossum creticum) estuary Wyndham 86 47630 Serrated tussock (Nassella trichotoma), African lovegrass (Eragrostis curvula), Blackberry (Rubus fruticosus), 179 750240 Kiah 98 1036388 256.63 Crofton weed (Ageratina adenophora), African lovegrass (Eragrostis curvula), Bitou Bush (Chrysanthemoides monilifera subspecies 99, 100 1040981 rotundata), Boneseed (Chrysanthemoides monilifera ssp. Monilifera) Eden town area 162,178,179 750192 33.08 Crofton weed (Ageratina adenophora), Blackberry (Rubus fruticosus) North 204 729246 African lovegrass (Eragrostis curvula), Fireweed (Senecio 207 728018 madagascariensis), garden escapes South 156 729187 2.35

Note: Not all sites have been inspected. Information has been derived from knowledge of weed issues affecting the surrounding land. All weeds listed, other than ‘garden escapes, are noxious weeds and require management. Table 4: Description of known weed infestations of Aboriginal land within the BVSC region (provided by Ann Herbert).

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 42 Fire management

There are currently no fire management plans specifically covering Aboriginal land in the Region. A draft Bega Valley Bush Fire Risk Management Plan [BFRMP] has been developed under the Rural Fires Act 1997 by the Bega Valley Bush Fire Management Committee (BFMC) and encompasses the eastern portion of the Eden LALC region. The Snowy Monaro Bush Fire Risk Management Plan covers the western portion of the Eden LALC region. Both plans sought input from the Eden LALC and other Aboriginal stakeholders [per comm. Paul Cook RFS 18.7.2010]. The Bega Valley and Snowy Monaro BFRMPs are strategic documents that identify community assets at risk and set out a five-year program of coordinated multi-agency treatments to reduce the risk of bush fire to the assets. Treatments may include such things as hazard reduction burning, grazing, community education, fire trail maintenance and establishing community fireguard groups. Annual programs to implement the treatments identified in this plan will be undertaken by the relevant land managers and fire fighting authorities [RFS 2010].

The issue of fire management is gaining increasing importance in terms of biodiversity management. For example, the Ben Boyd National Park and Bell Bird Nature Reserve Plan of Management (Draft 2010) identifies cooperative management as being beneficial in regard to pest species control and prescribed burns on land bounding the Parks. Wildfires in the Alps over the past decade have shown that uncontrolled fires during hot summer periods can be devastating for biodiversity. Increased fire management on Aboriginal land may assist in biodiversity conservation and asset protection on and off Aboriginal-owned land.

Other NRM issues

Other NRM issues such as soil erosion and pest animal control are likely to exist on Aboriginal land in the Region. Although there is currently no specific information available on these issues relating to Aboriginal land, there is anecdotal evidence regarding other NRM issues. However this is yet to be technically or expertly assessed and documented and a study of these issues is likely to be beneficial.

A lack of detailed information on threatened species, the condition of known EECs, pests, fire management issues, erosion and threatened species habitat on Aboriginal-owned land highlights the need for land management plans. Of particular importance for assessment are those larger portions of ELALC land that lie further west and those along the coast (refer to Map 2). Aspirations for protection, research of assets and potentials for funding on Aboriginal land management plans are detailed in Section 3.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 43 2.8 Past & present involvement in cultural and natural resource management

The opportunities for Aboriginal people with associations with the Region to be involved in NRM are vast. To date the work that has been provided by NRM agencies to the Aboriginal community has usually involved short-term contracts with limited opportunities for capacity building. Participation in cultural heritage and natural resource management, across all land tenure types, for and with numerous agencies, as LALC contractors and/or as casual employees in the past has included:

Cultural Heritage Protection and Monitoring

¾ Ongoing statutory role of site protection for local development activities. ¾ Research assistant work for regional Aboriginal Heritage Study and recording oral history. ¾ Participation in the formation of various plans of management, including for Kosciuszko National Park. ¾ Midden recording – Pambula River. ¾ Midden protection – Wapengo Lake.

Pest Species Eradication Work

¾ Removed Weeds Of National Significance (WONS) – Towamba Valley, Fisheries Beach ¾ Removed rural, coastal and other weeds – Wyndham, various locations (NPWS) and Towomba Valley ¾ Green shore crab eradication

Hazard Reduction/Fire Fighting ¾ ‘Summer Crew’ fire fighting work and training with DECCW ¾ Pambula wetlands

General Field Construction Work ¾ Track construction ¾ Footpath maintenance ¾ Coastal breakwall construction ¾ Viewing platform construction

Fauna/Flora ¾ Vegetation surveys ¾ Koala surveys

Planning ¾ Planning of public camping ground, in accordance with LEP and Development Control Plan (DCP)

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 44. Tourism ¾ Discovery Rangers - NPWS

2.8.1 Skill base as it relates to cultural and natural resource management

Aboriginal people with traditional, historical and contemporary connections with this region, have a broad range of skills and capacities, which will be useful, or even essential, in achieving the targets of this plan. The Eden LALC land and sea country rangers, variously known over the years as ‘rangers’, ‘koori work crews’, ‘Aboriginal sites officers’, ‘Summer Crew’, and the ‘Jigamy Rangers’, have acquired a wide range of skills, including:

¾ Plant identification ¾ Drivers licences ¾ Boat licences ¾ Weed removal techniques ¾ Revegetation ¾ Native vegetation modelling ¾ Track maintenance ¾ Fence construction ¾ Midden recording ¾ Board walk construction ¾ Aquatic pest management techniques including monitoring and eradication ¾ Construction of viewing platforms ¾ Construction of retaining walls ¾ Fire fighting ¾ Hazard Reduction Burning ¾ Handling chemicals (weed eradication) ¾ Report writing

.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 45. 3. WHERE DO WE WANT TO BE?

3.1 Short- and long-term goals

The Aboriginal community in the Region has big aspirations in relation to cultural heritage and natural resource management. The community also has first-hand experience of the need to build community capacity in order to achieve their stated goals. Accordingly, this plan identifies small, achievable tasks in the short term, building towards more complex projects as a way to develop social and economic capital to ensure stable long-term, self- sufficient development.

Where does the Aboriginal community want to be? In summary: ¾ The Aboriginal community would like to be in position to actively contribute to the improvement and ongoing maintenance of biodiversity and cultural values of the land and sea. ¾ The Aboriginal community would like to be involved in every area, level and sphere of government relating to the management of and the decision-making process for the natural environment. ¾ The Aboriginal community wishes to share in the wealth and benefits that are derived from the natural environment and the natural resources. ¾ The Aboriginal community wants to be in employed via government finance in all areas of on the ground earth care works. ¾ The Aboriginal community wants to be involved in the policing and patrolling of the natural environment and natural resources [possible as Fisheries or Police Department employees].

3.2 A sustainable Land and Sea Ranger Program

The Indigenous community in the Region has aspirations for the development of a sustainable land and sea ranger program. The ‘Summer Crew’ from the local Aboriginal community have been involved in delivering NRM contracts in the past that entail “ranger work” although, unlike a typical ranger work program, the work has been sporadic. Problems arise when staff cannot be given the security of full-time work as capable and experienced workers move to better-resourced agencies. A ranger program needs to be sustainable to maintain staff, build skills and a reputation in the NRM field.

An example of a successful Aboriginal ranger group in NSW is the Nyambaga Green Team at Nambucca Heads in northern NSW. They have established a business enterprise undertaking NRM project work (Janet Hunt, Centre for Aboriginal Economic Policy Research, pers. comm., 22.3.2010]. The team is auspiced by the Ngurrala Aboriginal Corporation and started out by working on small-scale contracts for local government (LG) and NPWS, increasing over a period of seven years to employing five full-time workers. The team utilises the skills of eight trainees funded by Land Alive. The team’s work is

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 46. provided by LG, NPWS, CMA and other local organisations. They were managed until the end of 2009 by a non-Aboriginal coordinator, funded initially (in part) by the CMA, who compiles funding applications and maintains partnership relations with current and potential partners. They have been assisted by TAFE training in Conservation and Land Management from Certificate II to Diploma level. The Green Team's success reflects its good relationship-building skills and reputation for a high standard of service delivery. The business is not framed around a formal land tenure agreement, e.g. Indigenous Land Use Agreement (ILUA) or Indigenous Protected Area (IPA). They work on crown land (National Parks etc) and private land as well as Aboriginal land (for the local LALCs).

As a contractor delivering one-off works, often as part of other agencies’ NRM projects, the Aboriginal community have had a limited opportunity to receive extra funding for equipment and training or for building their capacity and reputation as project managers in the NRM field. To overcome this, local Aboriginal organisations need to apply for funding across different land tenures as the project manager in conjunction with partners.

ELALC has run and continues to run many of its own projects that have been funded by small grants. At the community consultations it became clear that this was not the direction in which ELALC wished to continue as Penny Stewart (Eden LALC A/CEO) stated, “… small grants build up hopes then the projects end”. The community wishes to move towards establishing a ranger group that would initially require 100% funding from a larger government grant or program (eg Caring for our Country, Working on Country, IPA) but would eventually become self-sufficient as skills are acquired and a reputation for high quality work is established. Independence from government funding would occur by sourcing contract work with partners.

It is the Aboriginal community’s vision to establish a ranger program that will advise, assist, implement and manage a range of activities including:

¾ Pest eradication programs; ¾ Monitoring and reporting on fish stocks, replenishments and purification processes; ¾ Management of habitat and fish stocks, caring for and fixing up process; ¾ Involvement in policy development and decision making as it affects land sea country; ¾ Involvement in zoning that relates to land sea country and water ways; ¾ Licensing, and determining and issuing of quotas; ¾ Scientific research; and ¾ Training, study and employment via linking with universities and schools, TAFEs and other training providers.

Potential benefits, from the community’s perspective, include:

¾ Ensuring greater protection of and care for biodiversity;

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 47. ¾ Increasing the economic viability of the existing heritage programme by continuing to diversify; ¾ Assisting in the process of addressing sustainability concerns for the commercial fishing industry, licensed divers and recreational fishers; ¾ More policing of isolated areas; ¾ Reduction of fisheries costs; ¾ Accommodating and complementing regional tourism (government managed or otherwise by creating opportunities for Aboriginal-owned enterprises and taking advantage of the potential opportunities that increased tourism could provide; ¾ Overcoming racial stereotyping; ¾ Increasing the outcomes for the scientific and academic communities; ¾ Reduction of poaching; ¾ Increasing employment and training; and ¾ Complementing the local school and tertiary education systems.

During consultations, the community stated that they aspire to have eight rangers employed to work at Jigamy. The group would be evenly split between men and women. The community would prefer that the group be divided, half to work on sea and half on land management issues. The community envisaged the rangers having their own uniform and logo to assist in building an identity and a reputation for the group in the Region.

It is recommended as part of this plan that a ranger coordinator is employed for at least a two-year period to establish the group and, more specifically, to set work programs, source contracts and funding opportunities, promote the group and, eventually, to set up the group as an efficient business. A trainee Aboriginal ranger could work alongside the coordinator to build up the necessary skills and experience to take over this position in the future.

To date, opportunities for ELALC to work on Aboriginal land has been limited due to a lack of resources and information about the cultural and natural assets on country. The following Section details and discusses the opportunities that are available in the Region to work on and off Aboriginal land. The work available on and off Aboriginal land is discussed separately. Together the following NRM work activities could be combined to deliver a plan for a full year of sustainable, seasonally-based ranger work.

3.2.1 Site interpretation, protection and monitoring.

In accordance with the NSW Aboriginal Land Rights Act 1983 section 52[1][m], Aboriginal Sites Officers at Local Aboriginal Lands Councils undertake Aboriginal Heritage Assessments in accordance with their statutory functions relating to Aboriginal Heritage protection. The Department of Environment, Climate Change and Water monitors this process.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 48. A number of Eden LALC ‘sites officers’ and rangers hold a TAFE certificate in site identification and protection, whilst others rely on their traditional cultural knowledge.

There is an identified training need for site identification to be made available to additional workers, given that the need for site protection is an ongoing statutory responsibility and that the demands on rangers to do off-site work is increasing which diminishes the capacity of the LALC to respond effectively to development pressures.

As a way to establish relationships between property owners and traditional owners at a local level, individual, voluntary, property-based cultural heritage assessments could be undertaken. Aboriginal sites officers could inform property owners about the pre- and post-contact heritage values through artefacts found on their land and Traditional Ecological Knowledge (TEK) of their land, as a way to influence ongoing land management practises.

It is envisaged that the upcoming heritage survey of the Bundian Way will involve training in site identification and related topics.

3.2.2 Fire fighting and hazard reduction (HR) burns

Forests NSW, DECCW and the Rural Fire Service is investigating opportunities around training and contracting Aboriginal crews to undertake hazard reduction burns over the winter period and, if required, to undertake fire fighting over the summer season. The potential for this has risen due to an increase in the minimum burning requirements outlined in the findings of the 2009 Victorian Bushfires Royal Commission [2010].

Presently, this region has four trained Aboriginal fire-fighting rangers, the 'Summer Crew', working with and training through DECCW. The training and employment of these four men has been a huge success and others wish to join them. DECCW and FNSW have indicated a high potential for:

¾ Aboriginal work crews to undertake hazard reduction burning and fire fighting training and subsequent work contracts across State forests and National Parks within the Southern Region.

¾ Aboriginal work crews to be targeted for general construction works being undertaken in culturally sensitive landscapes and other areas within SFs and NPs in relation to HR and fire fighting.

3.2.3 Pest species control: land and sea

There are numerous pest issues that occur across the Region. During the planning process all NRM government and non-government agencies were consulted to establish the potential for ELALC to work on eradicating pest

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 49. species within their jurisdictions. Currently, funding is available for the following land and sea pest species eradication projects.

The European green shore crab has been found in many of local inlets in the ELALC including Wonboyn Lake, Twofold bay and Pambula and Merimbula Lakes. Once established, the Green Shore crab has a direct effect on prey species such as oysters and mussels, indirect effects on species competing for the same prey and indirect effects on nutrient availability (by removing bivalves which filter algae and larvae).

The Pacific oyster poses a threat to estuarine biodiversity and the fishing and oyster industries as it has been known to devastate populations of native oysters in numerous Australian inlets. The Wagonga Rangers, based in Narooma with the Wagonga Local Aboriginal Land Council, have established a successful Pacific oyster eradication program for Wagonga Inlet funded by the CMA. To date, the CMA, Wagonga Rangers and the NSW Oyster Growers have mapped the extent of the pest oyster population and reduced numbers during two seasons of control work. The success of the project has been due to the strong relationships built with the project partners, the CMA and the NSW Oyster Growers (based in Narooma).

Populations of Pacific oysters occur in Pambula River and are a potential threat to the established oyster industry. The CMA could fund ELALC to map the extent of the infestation, train Aboriginal people in the identification and eventual eradication of the Pacific oyster in Pambula River– “… we are willing to fund survey and control work for Pacific oyster eradication if it is a threat to industry,” (Brett Miners, CMA, pers. comm., 18.3.2010).

The BVSC will provide funding to ELALC to continue to eradicate populations of Blue Hound’s Tongue (Cynoglossum creticum) at Fisheries Beach. Blue Hound's Tongue is on the Alert List for Environmental Weeds, a list of 28 non- native plants that threaten biodiversity and cause other environmental damage. Although only in the early stages of establishment, these weeds have the potential to seriously degrade Australia's ecosystems (DEWHA 2010). Funds for this are limited and “… a plan needs to be devised between ELALC and BVSC to manage this population into the future” (Ann Herbert, BVSC, pers. comm., 6.6.2010). This population is only one of two known within Australia. BVSC and ELALC have been working on removing the impact of this weed for approximately two and a half years.

BVSC will also provide limited funds to ELALC to eradicate populations of Serrated Tussock (Nassella trichotoma) and Love Grass (Eragrostis curvula) that occur on Aboriginal land at Wyndham. Serrated tussock is a Weed of National Significance (WONS). It is regarded as one of the worst weeds in Australia because of its invasiveness, potential for spread, and economic and environmental impacts.

The Aboriginal community has developed a strong working relationship with the Towamba Valley Landcare Group (TVLG) through past and current weed

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 50. removal projects in the Towamba Valley. TVLG are working in conjunction with ELALC over the next few months to implement the project titled “The weeds us farmers will never do without the ELALC Crew”. Such projects are linked to the TVLG action plan. Future weed removal projects that the Land Care Group aspire to continue and develop with the Aboriginal community include:

• Weed management in the valley for twice as long as funding currently permits per year and • Manage weed hotspots in the valley.

Weed Management Plans could be developed for weed hotspots and ELALC could manage weed removal works, as an incentive for farmers committing to management actions. The SRCMA has funded similar projects in the past (Derek Lewis, TVLG, pers. comm. 10.5.2010).

Both the Blue Hound’s Tongue and Serrated Tussock populations require longer-term funding and a joint strategy between BVSC and ELALC to ensure continuity and the success of weed management work done to date. The Aboriginal community could apply for funding with BVSC, TVLG (where appropriate) and the CMA to establish a plan to eradicate the above weed populations through Community Action grants, Protecting our Places and Environmental Restoration and Rehabilitation programs, refer to Appendix 2.

The Summer Crew have worked on eradicating Sea Spurge (Euphorbia paralias) as part of the Far South Coast Coastal Weeds Strategy with the CMA. This project will continue to provide approximately two weeks work per year for an established ranger group. Funding for the current program will cease in 2011 after which the CMA will need to source further funding to continue works (Helen Davies, CMA, pers. comm., 10.05.2010).

3.2.4 Revegetation/Vegetation Management

There is a section of the Kiah River identified by Industry and Investment NSW (Fisheries) where there is a diminished population of mangroves (Matt Proctor, pers. comm.). This area requires rehabilitation with seedlings developed from a variety of local species. Fisheries may be able to assist in identifying the problem and guiding the process.

TVLG have shown interest in developing a vegetation management project in the Towomba Valley and utilising an Aboriginal work team to implement works. It could be implemented in the same manner as the Weed Hotpots project. “Vegetation Management Plans could be developed on a property basis and initially the ELALC work crew could be utilised to conduct rehabilitation works as an incentive to farmers agreeing to management actions, for example revegetation, weed removal” (Derek Lewis, TVLG, pers. comm. 10.5.2010). The CMA has supported similar projects in the past.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 51. Revegetation has been a component of the ranger’s work to date. Further areas requiring revegetation will arise, as identified by the relevant authorities and organisations.

3.2.5 Annual interagency field maintenance

A ranger crew could be used in annual maintenance of public areas as a way to activate existing agreements, with local, state and commonwealth government funding. The identification of task for the rangers from existing and future inter governmental agency field maintenance programs will require ongoing communication and commitment from agencies involved. A suggestion would be that seasonally-based work activities (weed management, track maintenance, fire regimes) be interspersed with seasonally independent activities such as rubbish collection etc.

Opportunities exist for an Aboriginal ranger groups to participate in seasonal work on State Forest land. FNSW requires seasonal workers for road maintenance, fire suppression, hazard reduction, fire tower operations, pest animal control, weed control and picnic area management. Each year they train officers in these duties and an Aboriginal work crew could be part of this (Martin Lenahan, CMA, pers. comm.,25.3.2010).

3.2.6 Coastal debris collection

Debris generated by a variety of industries including commercial fishing, tourism, recreational fishing and the beverage industry, constantly gathers along the shoreline. The collection of this debris has been identified as a ‘gap in the market, with the possibility of generating a huge workload’ (Matt Proctor, Industry and Investment NSW (Fisheries), pers. comm.).

A similar project has developed along the south-west coast of Tasmania, with a high success rate in terms of environmental outcomes and community development. The ‘South West Marine Debris Cleanup’ (SWMDC) started in 1999 as a fully-funded collaborative project organised by National Parks and the Surfrider Foundation. The project integrated Orange Belly Parrot and Rubbish Monitoring, with participants deployed to beaches via helicopter to camp and spend the days listening for parrots and collecting rubbish. The rubbish was counted as it was collected, bagged up, placed in a net and slung under a helicopter for the trip back (SWMDC 2010).

It is hoped that a similar enterprise could be developed along the far south- east coast as a capacity-building exercise in the areas of business skills, boating, monitoring and evaluation. Coastal monitoring and evaluation forms, developed by the SWMDC, are available for use by the Eden LALC land and sea Rangers. Longer-term prospects for ocean waters include coastal monitoring, policing and patrolling of pollution, natural problems and weed control. Financial support could be sought from the industries largely

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 52. responsible for generating the debris, as well as government agencies responsible for pollution control.

The Arakwal Aboriginal Sea Rangers operating out of Byron Bay, NSW are integrally involved in all aspects of marine care and control, including the training and operation of a marine disentanglement crew (Wally Stewart, Arakwal Marine Park, pers. comm. 22.4.2010).

An interrelated task, albeit arising sporadically, is the clean up of dead fish from coastal beaches. The agencies responsible for cleaning up unwanted, dead fish off the beaches, usually engage contractors to undertake the work, depending on available funds, although the last two clean ups have been undertaken by Fisheries officers with support from the SRCMA, BVSC and community members (Matt Proctor, pers. comm. 24.3.2010). It has been suggested that the Jigamy Rangers enter into this niche of work, being prepared for when catastrophes arise. Once again, this area is seem as a capacity building, stepping stone process, leading into more skilled areas such as marine animal disentanglement and other animal rescue tasks.

3.2.7 Cultural Mapping

Cultural mapping includes the mapping of a broad range of cultural heritage values encompassing intangible and tangible assets, in the past, present and future. It is a useful process for cultural maintenance and continuity and to ensure the protection of places and resources of cultural value. An example of such a project was the cultural mapping of the Barmah–Millewa forests along the Murray River where the Yorta Yorta people mapped the cultural activities that they have done within their lifetime. This included the mapping of 6500 sites including animal killing and collecting sites, plant, wood and earth-material collecting sites, overnight sites and cultural sites. Yorta Yorta elders have stated that:

“This project has encouraged people to view our culture as a living one, we all still hunt and gather food, even though it may not be in the traditional sense, we still go out onto the land and kill and collect animals to feed our family, camp at sites that have been used by our people for hundreds of years and this knowledge we should all share with our youth. This is culture, this is proof.“( Yorta Yorta Nation n.d.)

Funding exists for the establishment of a project to map CAR reserves FMZ 1- FMZ 3a using financial support from Forests NSW called “community services funding”. The project would provide capacity-building and employment opportunities in site identification, use of GPS and other mapping skills. The

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 53. project would also provide a basis for the passing on and teaching of TEK. FNSW has expressed interest in assisting the Aboriginal community apply for this grant.

3.2.8 Other NRM activities It is also envisaged that a trained ranger team could implement actions identified in the numerous natural resource management plans that exist for the Region, for example the National Park Plans of Management, SRCMA Snowy River Rehabilitation Plan, DECCW Coastal Regional Plan, Coastal Prioritisation and the BVSC Lake Curalo Estuary Management Plan.

3.3 Working on ELALC owned lands

“In NSW the scope for Aboriginal involvement in Natural Resource Management is not as extensive as in Northern Australia, largely due to the small proportion of Aboriginal-owned land in NSW compared to the north of Australia. The Indigenous Law Centre (ILC) estimates that only 0.52 per cent of NSW land is Aboriginal-owned, but the total land which is Aboriginal- controlled may now be closer to one per cent of the State given co- management arrangements… ’ (Hunt, Altman and May 2009).

ELALC owns approximately 137 portions of land of which six are significant in size and broad ranging in ecosystem type. Larger holdings exist in the west of the ELALC boundary area and on the coast. In the west, four portions of land bordering on and in close proximity to Kosciuszko National Park exceed 1911 ha whilst on the coast two portions exceed 630 ha. Although these areas require further surveying they already provide opportunities for future management by a ranger group. Three main opportunities exist for managing these areas; they are not inclusive of each other but relate to available funding and employment opportunities.

1. Establish and implement land management plans

As detailed in section 2.6.6, limited data exists relating to the conservation significance of Aboriginal land within the Region. A lack of data for these areas does not necessarily indicate an absence of significant species or vegetation communities, but may instead result from a lack of survey work conducted in these areas. These areas require a land management plan that would include a comprehensive survey of flora, fauna and cultural heritage. The plans would identify possible threats to areas of natural and cultural significance including weeds, erosion, pests and fire management issues.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 54. The land management plans could identify works required on Aboriginal land that would eventually guide a work program for rangers. Such plans should be developed in conjunction with Indigenous rangers as a capacity-building exercise. Recently DECCW acquired funding through the Land Alive program and CMA to develop management plans for four blocks of Aboriginal land. DECCW will be working with TAFE, ELALC and the Summer Crew to develop these plans (Rob McKinnon, DECCW, 23.7.2010).

An established plan could also provide a basis for applying for grants, developing cross-border partnerships and capacity building. Recently the CMA and ELALC were successful in receiving funding for a land management plan for Fisheries Beach (Helen Davies, CMA, pers. comm., 5.4.2010), refer to Section 3.4.2. This project will guide the management of the area and future works required to protect sites of significance. The same needs to occur on other parcels of Aboriginal land, particularly those that could be of ecological significance, refer to Map 4.

Possibilities for funding land management plans are available through the Indigenous Protected Area (IPA), Indigenous Land Corporation, Community Action Grants and Lead Environmental Community Groups Program, refer to Section 4.

2. Identify and manage known issues on Aboriginal land Areas of conservation significance are known to occur on Aboriginal land. These include three EECs and threatened species habitat on numerous parcels. EECs are present on Aboriginal land at Wonboyn and Fisheries Beach as littoral rainforest and coastal salt marsh communities (DECC 2006). Threatened species habitat occurs at Fisheries Beach, on Wonboyn Block and potentially on numerous blocks in the Snowy Mountains.

ELALC is currently working with the CMA to deal with threats to the EEC at Fisheries Beach. This exercise is providing work for ELALC workers while increasing their capacity to manage weeds and protect the area from the effects of campers. The same project could occur on the Wonboyn block and significant sized blocks in the Snowy Mountains. Initially, CMA and DECC could work with ELALC to identify threats to known EECs and threatened species habitat on Aboriginal land and eventually apply for funding to work on these.

Potential issues that occur on Aboriginal land that could immediately be developed into a project are: • Management of the three identified Weeds of National Significance that occur on Aboriginal land in the BVSC area (refer to Table 4) and • Devise a plan and work program to manage the threat of the population of Blue Hound’s Tongue at Fisheries Beach.

Funding is available for such projects through the Caring for our Country Program, Protecting Our Places, Indigenous Land Corporation (ILC), Community Action Grants and Environmental Restoration and Rehabilitation Program, refer to Section 4.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 55.

3. Reserve areas of significance and mange accordingly

The opportunities for managing Aboriginal land for conservation could provide funding for indigenous ranger programs through the IPA program. This allows for long-term funding for the development of land management plans and a ranger program, including funding for wages, equipment and capacity building, refer to Section 4.

Because land under the IPA becomes part of the national reserve system, unrepresented land is more likely to be approved (Department of Environment, Water, Heritage and the Arts n.d.). As a bioregion, land within the ELALC boundary area is considered adequately reserved, although as a sub-region some of the larger portions of ELALC land in the Snowy Mountains are only reserved at 5-10%.

Other criteria include land that improves resilience and ecological connectivity within the landscape to assist ecosystems to adapt to climate change. This again applies to the larger portions of land in the Snowy Mountains as two separate parcels act as a wildlife corridor from Kosciuszko National Park to Paupong Nature Reserve, providing a significant area for species movement while another parcel of land that borders Kosciuszko National Park acts as an extension of conserved area in an easterly direction, refer to Map 4.

A third criterion considered for an IPA is land that contributes to the conservation of matters of national environmental significance. Matters of national significance are those listed under the Environment Protection and Biodiversity Conservation Act 1999. There are numerous species listed under this act that potentially have habitat on Aboriginal land. As an example: there is potential Tiger Quoll habitat on land in the Snowy Mountains and the Glossy Black Cockatoo and the Ground Parrot are recorded on land at Wonboyn.

An application form for an IPA can be found on their web page and it takes approximately two to three days to apply for. Volunteers from Indigenous Community Volunteers (ICV) have been used in the past to apply for an IPA for Aboriginal Land Councils that may need technical assistance in doing so (Luke Ingram, IPA Program, pers. comm., 6.4.2010). ELALC could apply for an Indigenous Community Volunteer (ICV) to fulfil this task, refer to Section 4.

3.4 Other community aspirations and ideas

Community aspirations and ideas that involve both economic and cultural outcomes include Aquaculture, the transmission and maintenance of cultural knowledge, walking, talking and camping, use of forest resources and Carbon off-set schemes.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 56. 3.4.1 Fisheries activities

“… Indigenous marine economics, like all human economics are made up of complex activities and transactions; some involve direct harvesting and consumption of resources, some involve collecting resources on behalf of family members or elders, while others are of a more commercial nature involving the trading and selling of resources. Marine indigenous economics activities have other tangible cultural benefits, like maintaining links with country, passing on skills, knowledge and language to younger people and providing a public demonstration of continuing cultural rights and responsibilities…’ (National Oceans Office 2002).

Aquaculture [the culturing of fish for sale], cultural harvests [collection of sea foods for cultural purposes] and commercial fishing [fishing from the wild to sell] are interlinked with the economics of fishing and the importance of cultural maintenance. Community aspirations in relation to fishing activities reflect cultural and economic desires from caring for sea country to being integrated into the local economy. Aboriginal participation in this industry has many intended outcomes including to:

¾ Replenish marine stocks, ¾ Sell harvested stock and ¾ Gather cultural food for sustenance.

The community wishes to adopt the stepping stone approach to this industry – starting small with, for instance, the collection of mussels from the wild for sale, eradication of pest species and cultural consumption, moving to a hatchery and aquaculture enterprise. Inter-agency support for Aboriginal participation in the aquaculture industry includes:

¾ CMA’s CAP supports the development and implementation of an Aboriginal aquaculture strategy, which recognises cultural harvesting practices and rights and explores new sustainable aquaculture initiatives (Target CM3, CMA 2007). ¾ The Twofold Bay and Hinterland Strategy has undertaken to pursue ‘… cooperative investments with the Local Aboriginal Land Council for aquaculture, and investigating opportunities to extend traditional uses”.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 57. ¾ Industry and Investment NSW (Fisheries), industry groups with support from NSW Department of State and Regional Development (DSRD), ATSIC and DAA would have lead roles in this activity. The rationale is to create jobs in the seafood industry because of its importance to the community (Department of Infrastructure, Planning and Natural Resources (DIPNR) 2004). ¾ DAA have indicated their support in this area, whilst the Shoalhaven Marine and Freshwater Centre (SMFC) have the expertise to guide the process.

With recent changes to NSW fisheries legislation aimed at enhancing fisheries opportunities for Aboriginal people in NSW, the Department of Industry and Investment is establishing the NSW Aboriginal Fisheries Advisory Council [AFAC] has been established under Section 229 of the Fisheries Management Act 1994 to provide the Minister with advice about Aboriginal fishing issues. In line with requirements prescribed in the Fisheries Management (General) Regulation 2002 AFAC is to be composed of up to fourteen members of which thirteen are voting members. Specifically membership is to consist of: Aboriginal persons appointed to represent different regions of the State, one of which will represent the far south coast of NSW [region #10]. Other changes to the legislation relate to the removal of recreational fishing fees and an acknowledgement of cultural fishing activities for Aboriginal people. These are welcome changes.

3.4.2 Tourism: walking, talking and camping.

For many years the Aboriginal Culture Centre, Monaroo Bobberrer Gudu (ACC MBG), at Jigamy Farm near Eden, has been working towards a cultural tourism enterprise. The Centre caters for busloads of tourists and school groups and features a cultural walk, an industrial kitchen, a cultural display, a performance space and an archival and research unit. The centre has recently launched another display entitled ‘Whales Bogong Bundian Way’, showcasing a cultural display of the journey from the mountains to the coast by Aboriginal people as represented by the stone artefacts used along the Bundian Way. This display is part of the larger plan to share the local culture and history with the wider community, from an Aboriginal perspective.

Members of the Southern Kosciuszko Aboriginal Working Group have also identified, through the Kosciuszko N.P. Plan of Management, the need and priority for opportunities to have camping and keeping places across the Monaro. These aspirations are also detailed in the draft MoU.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 58. 3.4.2.1 Bundian Way

Walking, talking and camping are three cultural themes relating to the development of the Bundian Way – a traditional travelling route between the mountains and the coast utilised in the pre-contact to early contact period. Tourist camping grounds are being established on Aboriginal land at Fisheries Beach, the ‘back tributary’ of Wonboyn Lake, the coastal entrance of Wonboyn Lake and Brandy Creek [per comm. John Blay]. Camping fees will generate income for the community, whilst walking is seen as being beneficial for health and well-being, and encourages story telling about country to become reacquainted with country. Educational benefits of the project include an improved community understanding of local culture and the introduction of school children to the concept of country.

Funds have been sourced to conduct a shared history survey of the Bundian Way to identify historic and culturally sensitive places along the way, to establish suitable locations for camping places, and to map shared pathways around Twofold Bay, Jigamy and the surrounding landscape. Other activities that will be funded from the grant include the establishment of the Eden and Bundian Gateway website, the recommendation of suitable places for heritage or Aboriginal Place recognition and the staging of an official opening and cultural festival.

It is envisaged that Aboriginal Rangers will work on developing the program (pers. comm. John Blay). In the long term, the rangers will undertake track maintenance, develop and maintain campsites and interpretive signage, undertake weed management and any erosion control. It is also envisaged that the rangers could establish an enterprise that guides tourists along the track.

The first campsite to be developed along the way is at Fisheries Creek, home to an important Littoral Rainforest patch, significant because of the high quality of its condition and its location, being the southernmost significant patch of Littoral Rainforest on the Far South Coast. Key threats to this community include abuse by campers, in the form of vehicle traffic and firewood collection, and the establishment of weeds, particularly garden escapes from a neighboring homestead. The Fisheries Creek site was granted to the Eden Local Aboriginal Land Council in 1999, and has a long history as a camp site for local community members from Eden, as well as tourists to the area. A project funded by the CMA, through the Caring for our Country program is assisting Eden LALC to improve management of visitors to the site, to increase community awareness regarding the significance of the area and to help address other identified threats to the littoral rainforest, such as weeds through the establishment of a plan of management for the area.

After the completion of the project, ELALC wishes to establish a formal paid camping site in the area to generate funds. DECCW have agreed to develop a management plan for the area with ELALC. Further support could be

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 59. provided by DECCW depending on the outcome of the plan. Part of the plan would be to assess the feasibility of running a remote camp site (Rob McKinnon, NPWS, pers comm. 23.7.2010). This will build the capacity for ELALC to manage the area in a sustainable manner. The long-term management of the area could be incorporated into an ELALC ranger’s work plan.

3.4.3 Maintenance and transmission of cultural knowledge

The cultural knowledge acquired by indigenous or local peoples through generations of direct contact with the environment is maintained by ongoing connection to country, land and sea. Aboriginal people’s cultural knowledge about the environment is also referred to as traditional knowledge, indigenous knowledge, indigenous environmental knowledge and ethno-science.

In a recent SRCMA survey of Aboriginal people investigating caring for country in this region, more than half of the people surveyed felt they held an average or less than average level of traditional knowledge. However, more than 80% of Aboriginal people were interested in visiting country to learn about traditional knowledge if they had the opportunity to do so (Fenton and Rickert 20080. In relation to this need, culture camps and day-use areas across a variety of ecological systems, have been identified by ELALC and SKAWG as a way to allow for a variety of cultural activities, depending on the natural environment. Some of the proposed locations are:

¾ Haycock Point - coastal sea foods ¾ Nadgee - coastal bushlands and sea foods ¾ Wallagaraugh River – fresh water and bush resources ¾ Pinch River – alpine-based activities ¾ Delegate – grasslands for hunting ¾ Yowaka – fishing and camping ¾ Nullica River, south side in bush ¾ Ironmungie Native Reserve

According to Tina Mongta (pers. comm., 30.4.2010), camping provides a space where one feels free, is able to think better and a place to provide children with hands-on lessons about cultural practises. The transmission and maintenance of cultural knowledge is required, according to community needs, in the following areas:

¾ Basket weaving ¾ Spear making ¾ Shell work ¾ Jewellery ¾ Painting ¾ Fishhook making ¾ Net weaving ¾ Bush tucker and medicine collection

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 60. ¾ Fishing and seafood collection techniques ¾ Cooking – bread, sea foods ¾ Canoe Making ¾ Remaking middens ¾ Dancing ¾ Story telling

The Aboriginal Culture Centre Monaroo Bobberrer Gudu [ACCMBG] at Jigamy Farm, near Eden, incorporates an established archive and research unit which, if given sufficient funding, could facilitate a number of cultural transmission tasks. The archive/research unit has plans to:

¾ Produce brochures, websites and other publications and displays to preserve and promote the knowledge of the local culture, history and landscape; ¾ Undertake a family history program (including recording oral histories) to look back into the past for future reference; ¾ Provide cross-cultural training; and ¾ Collect cultural information for community access (knowledge centre).

3.4.4 Economic and cultural use of State Forests

Opportunities within State Forests, in non-harvest areas, include: ¾ Fire wood collection ¾ Thinning/mulching ¾ Seed collection for propagation ¾ Salvage for fence posts ¾ Salvage for stakes ¾ Eucalyptus oil production ¾ Wild flower collection ¾ Reeds for baskets ¾ Wood for spears

Opportunities on ‘private forests’ (e.g. forested LALC owned land) include:

¾ Selective logging for mill timbers, pulp and fence posts ¾ Fire wood collection (best for smaller blocks < 20 ha) ¾ Silviculture: establishing plantations and forests on cleared land ¾ Carbon trading (bio-banking)

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 61. 4. HOW DO WE GET THERE?

This plan applies to the Eden LALC region, a space within which people with different histories, cultures, perspectives, agendas and aspirations interact. Nakata calls this space the ‘cultural interface’ where new understandings can emerge about how Indigenous people interact with others and what constitutes indigenous experience and knowledge (Nakata 2007). This planning process has involved many players; it is the role of all these players - the community, the government at all levels, the public, the politicians and the media, to reconstruct how land and sea country management is done in this region, in order to ensure Aboriginal custodians are empowered to be participants in the long term in a culturally appropriate manner.

4.1 Building partnerships

Building relationships with agencies provides base-line capacity support and more sustainable outcomes than one-off grant applications. This land and sea planning process has identified a number of partners and potential partners, aimed at developing community aspirations in relation to natural and cultural resource management across the Region. Each of the following partners has an interest in or responsibility for natural and/or cultural heritage management:

¾ Catchment Management Authorities (CMAs) ¾ Industry and Investment NSW (Fisheries) ¾ Forests NSW ¾ DECCW ¾ Local Government ¾ ANU Centre for Aboriginal Economic and Policy Research (CAEPR) ¾ Towamba Valley Landcare Group (TVLG) ¾ Panboola Wetlands and Heritage Project

Additional supporting agencies include the NSW Department of Aboriginal Affairs (DAA) and NSW Aboriginal Land Council (ALC). Strategies and project ideas relating to particular agencies and organisations, are outlined in the tables below.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 62. 4.2 Formalising cooperative management through agreements.

“… In the management of Country between Government and Aboriginal people, the two most important issues that people believed needed to be addressed were (i) the recognition of Aboriginal heritage and connection to Country (82%) and (ii) the meaningful involvement of the Aboriginal community in decision-making (63%)… ” SRCMA 2008

Cooperative management of traditional lands means different things to different people. Culture camping opportunities have to date been the focus of cooperative management arrangements across the Region with camping sites strategically located across all ecological types allowing for a variety of cultural activities. There is, however, a broad range of ways Aboriginal people can be actively involved in the management of custodial lands. The two draft MoUs that exist at the regional level of DECCW within the Eden LALC region, detail employment options, interpretive signage, training and cultural protocols.

In the Eden LALC region, there are no jointly managed parks as provided for under Part 4A the National Parks and Wildlife Amendment (Aboriginal Ownership) Act 1996. DECCW advises that further scheduling of lands within NSW under part 4A of the Act is unlikely until the present portions are finalised (Lenore Fraser, DECCW, pers. comm.). The common practise across the state in terms of formalising cooperative management arrangements with Aboriginal custodians, as an alternative to Part 4a hand backs, has been via the MoU style agreement. Two draft MoUs exist within the Region: one between DECCW and Eden LALC covering the far south coast NPWS region, and the other between the SKAWG and DECCW covering Kosciuszko National Park and a number of reserves on the Monaro plains.

The actual implementation of written agreements can vary according to a host of factors, among them the historical relationships between Aboriginal people and the co-management partners at the local level, the capacity of both sets of partners to work together effectively, the leadership demonstrated by partners to the agreements, the extent to which Indigenous rights are enshrined in the agreements and how effectively they can be exercised locally (Hunt, Altman & May 2009).

The community wishes to see agreements either MoUs or ILUA, finalised, to ensure co-operative management opportunities are implemented. It is evident, however, that signed agreements do not necessarily lead to an increase in Aboriginal people’s participation in natural resource management. Low capacity levels (knowing options, networking, basic infrastructure and training) and lack of inter-agency co-operation has a negative effect on what is actually achieved.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 63. 4.3 Capacity building: training and development needs

“ … An adequate, consistent flow of funds is essential to maintain CNRM (Centre for Natural Resource Management) activities. Too often funding is short term, ‘project’ based, and not conducive to sustaining capacity development. There is rarely funding for Aboriginal participation in CNRM partnership negotiations, as most Land Councils find it difficult to obtain funding for essential resources such as cars and drivers licences. It is normally recognised in funding agreements that Aboriginal participants and organizations do not generally have access to the support, the communications (phone, email, web access), the transport (cars and drivers licences) and other facilities (such as an office) which other groups take for granted. Adequate funding has to account for all these additional costs for Indigenous groups…” (Hunt, Altman and May 2009).

Empowerment can be achieved through increasing the capabilities of people to participate in, hold accountable and control the institutions that affect their lives (Narayan 2001). The reallocation of power to groups that have been historically disempowered may involve a process of ‘enhancing an individual’s or group’s capacity to make purposive choices and to transform those choices into desired actions and outcomes’ (Alsop, Bertelsen & Holland 2006). If the identification of desired actions and outcomes is undertaken by the recipients themselves to ensure that a culturally appropriate and self-defined future is being imagined and designed, it follows that community participation in development programs can effectively lead to long-term empowerment.

The ELALC Business Plan outlines the particular strengths and weaknesses within the community. Strengths include:

¾ A cohesive community; ¾ Good relationships with government, non-government organisations and the local community built up over many years through partnerships (e.g. MoUs with Forests NSW and the BVSC); ¾ Comprehensive planning over the past decade; ¾ Success in obtaining land claims (asset rich); and ¾ The Aboriginal Cultural Centre, Monaroo Bobberrer Gudu Keeping Place, a high quality asset with a strong ‘wow’ factor.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 64.

Weaknesses include:

¾ Too much to do with too few resources; ¾ Lack of focus and priorities; ¾ Cash poor (in debt); ¾ Lack of commercial experience; and ¾ A new generation of leaders is needed to step forward.

The membership of Eden LALC is drawn mainly from the 35-44 age group (33%). 22% of members are over 55 years old. The average age of members is 47 years. The average age of the Board is 52 years. The Board is encouraging younger members to step forward to lead the way. The membership of Eden LALC is evenly balanced in terms of gender. Of 70 members, exactly 35 are women and 35 are men. Of the 12 members who form the Board and staff of Eden LALC (see organisational structure), six are women and six are men.

Education levels are comparatively low. Eden LALC is encouraging community members to pursue education and training opportunities. ELALC’s values include to ‘… encourage education, including tertiary education’ and there are action plans for cadetships and training. The majority of Aboriginal people believed that more training and employment opportunities needed to be provided for Aboriginal people in Caring for Country, however, there was also a belief that too much emphasis was placed on training rather than creating employment opportunities for Aboriginal people (Fenton and Rickert 2008).

“… Engagement in CNRM in NSW has led to development of Indigenous capacities for negotiation, partnership with governments and others, and governance, as well as greater understanding of western governance and scientific systems and, over time, an increased ability to insert Indigenous perspectives and policy ideas into them. Other capacities developed through NRM initiatives may include grant seeking, proposal writing and reporting, and related business skills. (Hunt, Altman and May 2009)

It has become evident during the course of this planning process, that there is a lack of capacity concerning developing and delivering land and sea management projects. This is not only due to lack of training, but also a lack of human resources, in particular, a coordinator to manage NRM programs and enterprise development.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 65.

The identification of existing skills and expertise within the Aboriginal community and related training and development requirements is recommended, in the form of a “skills audit” to build upon the information detailed in Sections 2.7 and 2.7.1 above. The Indigenous Community Volunteers and TAFE are well placed to support the LALC in this task.

A variety of skills are required to develop and implement a community development project. This can range from numeracy and literacy to project management skills. At this stage the local Aboriginal community have shown that they have the capacity to take on small contracts but require more skills and resources to manage larger contracts, projects and grants. The employment of more staff (e.g. a ranger coordinator and trainee) coupled with training will ensure more support and expertise is available to manage and deliver a project. Examples of the training and assistance a ranger team would require include: ¾ Conservation and Land Management Certificate (CLM), ¾ Numeracy and literacy tutoring (where required), ¾ Obtaining car and boat license, available from ICV, ¾ Other field maintenance training, from various agencies, ¾ Research and writing skills, ¾ Preservation, collection management and display building, and ¾ Oral history interviewing.

4.4 Governance and measuring the development of plan

Governance is critical to success. To maintain a flow of contracts to provide ongoing work, to manage finances and planning is not easy and requires a high level of negotiation, partnership and business management skills [per comm. Janet Hunt 9.6.2010].

Presently, the Eden LALC is coordinated through the employment of a CEO, who is presently operating at full capacity. To date the ranger ‘Summer Crew’ has primarily been coordinated by DECCW officers. Moreover, there is a lack of detailed statistics on the social and economic benefits that flow from Aboriginal people’s participation in natural and cultural heritage management in the Region. Statistics are useful for gaining ongoing funding, particularly when programs are building up a successful momentum.

It is hoped that the following steps, as outlined in section 5.2.1, will strengthen existing governance structures and assist in the ongoing assessment of the plan’s implementation, as a way to enable the plan to reach its full potential:

¾ Establish an inter-agency working group to drive the establishment of a sustainable ranger work program;

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 66. ¾ Seek funding for a ranger group, coordinator and Aboriginal trainee coordinator; ¾ Undertake a skills audit (including governance strengths/weaknesses); and ¾ Undertake a detailed community profile in order to establish benchmarks for ranger program reporting (employment figures, social benefits and NRM improvement).

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 67. 5 ACTIONS AND BROADER RECCOMENDATIONS

Three broad approaches are outlined in this section, in relation to opportunities for Aboriginal people in cultural and natural resource management in the Region – commitments and targets according to existing agreements; actions relating to specific projects and partners; and recommendations concerning broader NRM issues.

• Commitments and targets according to existing agreements [5.1]

The implementation of existing agreements is a very important approach, according to Aboriginal community members, firstly because many of the people who negotiated these agreements have passed away without their hard work being realised and secondly, there is huge potential for improvement in the circumstances of local Aboriginal communities in these agreements.

• Actions relating to specific projects and partners [5.2]

The actions explore all options for funding activities that have come about through the planning process. The prioritised objectives can occur independently and do not rely on each other. For example, if funding for a ranger coordinator cannot be established other actions can be implemented regardless. Some funding options are able to provide resources for more than one objective, for example the IPA program will fund land management plans, rangers and a coordinator to work on country whilst others will not.

The land and sea ranger program action table is formulated around three categories of income and work generation:

¾ Inter-agency annual operation and capital works funding; ¾ Short- and long-term project-specific funding; and ¾ Statutory obligations (such as site protection).

The action tables are staged according to community capacity development: the more achievable, short-term tasks are outlined first, leading to more complex and technically challenging, longer term tasks, as capacity levels increase and partnerships stabilise.

• Recommendations concerning broader regional/state NRM issues [5.3].

In recognition that the broader economic and political context affects the implementation of a regional plan, a number of major strategies are outlined in section 5.3. Many of these recommendations were recently identified by the ANU’s CAEPR and they are restated, as they remain relevant.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 68.

5.1 Commitments/targets according to existing agreements

Long-term Goal Status Short-term Goal Medium-term Goal Agreement Commitment Target (2020) (2010) (2012) (2015)

Aboriginal Community Support Officer (Bega) has developed a strong partnership with ELALC. A traditional ecological knowledge project has been developed To support the with the Snowy River development of a Catchment CMA. ranger group; Management The development of Ongoing support of Ongoing support of establish an inter- Authority Catchment Increased Aboriginal a draft MoU between ranger group ranger group agency group, Action Plan 2007 involvement in NRM DECCW and KALG through training and through training and secure long-term has been supported. contract work. contract work. funding for rangers [CMA-CAP] A variety of short- and coordinator/ term employment trainee. contracts have been provided across the Region. There has been support for training and skill development. The development of the Land and Sea Country Plan.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 69 To support business plan development Development of an indigenous The establishment of Up to 10 Aboriginal No action in past 3 and capacity aquaculture industry an aquaculture people employed in years. building and see farm. local fishing industry. that training needs are met. 50% increase in 100% increase in 75% increase in small small contracts small contracts Approximately 2-3 contracts provided provided annually provided annually small NRM contracts annually and at least and at least 1 and at least 1 Bega Valley Shire provided to ELALC 1 medium sized medium sized medium sized Council annually. contract. Increased employment of contract. contract. Memorandum of Aboriginal people. Understanding [BVSC Ongoing protection MoU] 2008 Employment of an Integrate site and monitoring of Aboriginal assessment into sites, coordinated by Liaison/Heritage development Aboriginal Heritage Officer processes. Officer. Aboriginal rangers Training and employment of to train in relevant Ongoing training Ongoing training Aboriginal people in land field maintenance and employment and employment management courses, including provided. provided. fire fighting. Aboriginal rangers Aboriginal rangers Aboriginal rangers Increased contracting take on 20% of take on 30% of take on 40% of Forestry NSW opportunities for Aboriginal maintenance work maintenance work maintenance work

Memorandum of people in natural resource as contractors or as contractors or as contractors or Understanding [FNSW management part-time part-time part-time MoU] 2003 employment. employment. employment. Funding for cultural Cultural mapping Cultural mapping mapping of the and Bundian Way and Bundian Way CAR reserves to consider Bundian Way survey undertaken survey undertaken Indigenous values. Aboriginal Ongoing site project applied for and used to guide and used to guide cultural not confined to protection works. through FNSW land management land management archaeological sites community services and cultural use of and cultural use of funding. forests. forests.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 70. Eden Forestry NPWS and Forests NSW must Further cultural A number of key Maintenance of Maintenance of Agreement March progressively negotiate joint camping sites cultural camping culture camping culture camping 1999 management arrangements with established across sites have been sites to be sites to be Aboriginal communities aimed at region within SF and established across undertaken by undertaken by NSW Government strategic management, joint NPWS. region within NPWS. Aboriginal Rangers. Aboriginal Rangers. Ministers ventures and promoting administering various recognition and respect for Three portions of East NSW Acts: National Aboriginal cultural heritage. Boyd State Forest Parks and Wildlife Act known as Wonboyn DECCW/CMA 1974 and the The Eden RFA will provide Lake, Fisheries Beach working with ELALC Protection of the Aboriginal communities with and Kiah are to be on a plan of Environment increased opportunities to pursue declared as management for Administration Act traditional cultural activities, Aboriginal Land held Fisheries Beach. 1991, Forestry Act cultural heritage management by ELALC. 1916 and Fisheries and new economic ventures Management Act such as aquaculture at Fisheries Status of aquaculture Develop a business

1994, and Beach and Wonboyn Lake. uncertain. plan Environmental Cultural Heritage Identify Aboriginal Integrate cultural Ongoing Planning and values have been cultural heritage heritage values into consideration of Assessment Act. identified in some values across land management Aboriginal cultural areas. region. plans and practises. heritage values. [1999 – 2019] Establish a plan of ELALC operating ELALC operating management for Fisheries Beach. Fisheries Beach. Fisheries Beach. Support provided by NPWS for the Ongoing support Ongoing support for Ongoing support for development of for use of travelling use of travelling use of travelling cultural walking route route for eco- route for eco- route for eco- Pambula Lake– tourism. tourism. tourism. Haycock Point.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 71. Undertake Undertake Undertake DECCW consults participatory participatory participatory ELALC when planning workshops planning workshops planning workshops developing and with Aboriginal with Aboriginal with Aboriginal revising Park Plans of community community community members Management members when members when when developing (POMs). developing and developing and and revising POMs. revising POMs. revising POMs. Identify and Maintenance of Maintenance of establish further Culture camping site culture camping culture camping cultural camping identified, but not sites to be sites to be sites across region established within SF. undertaken by undertaken by within SF. Aboriginal Rangers. Aboriginal Rangers.

Undertake regular Natural resources ‘cultural transmission’ Areas of State Forest (Forestry Ongoing cultural with a cultural workshops in relation Management Zones 1, 2 and 3a) transmission. value to be to canoes, spears, have been identified for joint identified across baskets etc. management to provide cultural - region as part of Economic venture and economic opportunities for Development of a cultural mapping established in Aboriginal communities. certification and process (see relation to the labelling process for above). promotion and sale cultural products. of cultural products. Natural resources Development of with an economic enterprise utilising Gather and sale of - value to be non-forest products non-forest products identified across eg eucalyptus oil. fire for ongoing profit. region SF. wood, mulch etc.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 72. DECCW/Forests NSW work towards Aboriginal Rangers Aboriginal Rangers establishing a to be engaged as to be engaged as cooperative casual staff or casual staff or DECCW ‘Summer bushfire contractors to work contractors to work Crew’ trained and management on hazard reduction on hazard reduction working with DECCW. strategy across the burning and fire burning and fire Region, including fighting, across SF, fighting across SF training of and NP and Aboriginal- and NP. Increasing the opportunities for employment for owned land. Aboriginal people to gain Aboriginal rangers. valuable land management For SF: Aboriginal training and, where possible, rangers take on For SF: Aboriginal For SF: Aboriginal employment. This may include 20% of rangers take on 30% rangers take on 40% employment of Aboriginal staff maintenance work of maintenance of maintenance to foster a closer working under contract or work under contract work under contract relationship with cultural part-time or part-time or part-time employment. employment. employment. heritage, as well as including Short-term

Aboriginal community members maintenance and For NPWS: For NPWS: Aboriginal For NPWS: Aboriginal in staff training construction Aboriginal Rangers Rangers to take on Rangers to take on contracts are to take on an an increasing share an increasing share provided to ELALC increasing share of of outsourced of outsourced rangers annually. outsourced maintenance and maintenance and maintenance and construction construction construction contract work. This contract work. This contract work. This may include part- may include part- may include part- time and short –term time and short –term time and short – employment. employment term employment.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 73. Where possible, Where possible, Where possible, ensure Aboriginal ensure Aboriginal ensure Aboriginal community members community community and staff are Four Aboriginal members and staff members and staff NPWS will employ and train provided with the positions created are provided with are provided with Aboriginal staff and provide opportunity to across region. the opportunity to the opportunity to contracting opportunities. participate in participate in participate in DECCW training. DECCW training. DECCW training.

Where possible, Where possible, Where possible, ensure Aboriginal ensure Aboriginal ensure Aboriginal community community members community members and staff The NSW and Commonwealth and staff are members and staff are provided with governments are committed to provided with the are provided with Eden Regional the opportunity to cooperative management of opportunity to the opportunity to Forestry Agreement participate in government-owned lands participate in participate in August 1999 Four Aboriginal DECCW training. (including National Parks and DECCW training. DECCW training. NSW/Commonwealth positions created State Forests) with Aboriginal governments across region. DECCW will communities. This involves the DECCW will DECCW will contribute to the training and employment of contribute to the contribute to the [1999 – 2019] development of an Aboriginal people in land development of an development of an annual works management. annual works annual works program with other program with other program with other participating participating participating agencies. agencies agencies

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 74. For SF: Aboriginal rangers take on For SF: Aboriginal For SF: Aboriginal 20% of rangers take on 30% rangers take on 40% maintenance work of maintenance of maintenance under contract or work under contract work under contract part-time or part-time or part-time Short-term employment. employment. employment. maintenance and construction For NPWS: For NPWS: Aboriginal For NPWS: Aboriginal contracts are Aboriginal Rangers Rangers to take on Rangers to take on provided to ELALC to take on an an increasing share an increasing share rangers by DECCW increasing share of of outsourced of outsourced annually. outsourced maintenance and maintenance and maintenance and construction construction construction contract work. This contract work. This contract work. This may include part- may include part- may include part- time and short –term time and short –term time and short – employment. employment term employment. Undertake Undertake Undertake DECCW consults participatory participatory participatory ELALC when planning workshops planning workshops planning workshops developing and with Aboriginal with Aboriginal with Aboriginal revising Park Plans of community community The NSW and Commonwealth community members Management members when members when governments will ensure that when developing (POMs). developing and developing and development within and revising POMs. revising POMs. revising POMs. comprehensive, adequate and Cultural heritage representative (CAR) reserves will Cultural heritage Cultural heritage DECCW and SF assessments to consider indigenous values. assessments to assessments to consults ELALC when encompass encompass physical encompass physical undertaking ground- physical and non- and non-physical and non-physical disturbing works physical cultural cultural heritage cultural heritage within SF and NP. heritage values values values

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 75. For SF: Aboriginal rangers take on For SF: Aboriginal For SF: Aboriginal 20% of rangers take on 30% rangers take on 40% maintenance work of maintenance of maintenance under contract or work under contract work under contract part-time or part-time or part-time Short-term employment. employment. employment. maintenance and An integral part of this construction For NPWS: For NPWS: Aboriginal For NPWS: Aboriginal commitment to cooperative contracts are Aboriginal Rangers Rangers to take on Rangers to take on management is the increase in provided to ELALC to take on an an increasing share an increasing share opportunities for Aboriginal rangers by DECCW increasing share of of outsourced of outsourced people to gain valuable land annually. outsourced maintenance and maintenance and management training and maintenance and construction construction subsequent employment and, construction contract work. This contract work. This where possible, to ensure that contract work. This may include part- may include part- Aboriginal people can continue may include part- time and short –term time and short –term to manage their traditional time and short – employment. employment. country. term employment. Under DECCW/FNSW Aboriginal Rangers Aboriginal Rangers mentoring to undertake land to undertake land Aboriginal Rangers management management to undertake land operations on LALC operations on LALC management lands. lands. operations on LALC lands.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 76. Protect, manage, take or use for domestic or commercial purposes such of the marine resources as may from time to time exist in the waters of Twofold Twofold Bay Bay that are the subject of this - - - - Indigenous Land Use agreement and are subject to Agreement – Area an assertion of native title rights Agreement 2001, and interests by the Twofold Bay

Native Title Group. between Twofold Bay

Native Title Group, Gives authority for the benefit of the NSW Aboriginal all persons from time to time in Land Council, the the Twofold Bay Native Title Minister for Land and Group and all persons who are - - - - Water Conservation, members fro time to time of the the Commonwealth Eden LALC. of Australia, the

Waterways Authority The Commonwealth agrees to and the Eden LALC. work with the Twofold Bay Native

Title Group to examine

opportunities for local Aboriginal - - - - people to participate in the project especially by way of direct employment and related training programs.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 77. 5.2 Actions according to priority projects

5.2.1 Land and sea ranger program

LAND AND SEA RANGER PROGRAM

ACTION WHO PARTNERS WHEN 1. Establish an inter-agency working group to drive the SRCMA CMA, Forests NSW August 2010 establishment of a sustainable ranger work program. DECCW, BVSC

2a. Seek funding for a ranger group, coordinator and ELALC with ICV- apply for IPA IPA funding can be applied for Aboriginal trainee coordinator. Apply for IPA, ILC funds support asap. CMA and/or Caring for Country funds to support ranger from ICV Caring for our Country funding coordinator and rangers. DECCW date TBA. ILC funding due June 2010. 2b. Develop partnership with ANU CAEPR in relation to Aboriginal ANU CAEPR June 2010 research into the long-term social benefits of Aboriginal community. DECCW participation in natural resource management. 2c. Undertake a skills audit (including governance Aboriginal Auswide, DAA August 2010 strengths/weaknesses) and a detailed community profile in community CAEPR order to establish benchmarks for ranger program reporting (employment figures, social benefits, NRM improvement). 3a. Establish ranger training program in Conservation and Aboriginal TAFE/Auswide August 2010 (CLM Certificate III Land Management (CLM) Certificate III community. Summer Crew) 3b. Hazard reduction burning Aboriginal Forests NSW TBA community. DECCW. RFS

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 78. 3c. Heritage Site Identification Aboriginal DECC TBA community. TAFE 3d. Maintenance work for FNSW e.g. road maintenance, Aboriginal Forests NSW TBA fire tower operations, pest animal control, weed control community. and picnic area management 4. Develop Land Management Plans for Aboriginal land Aboriginal CMA, DECCW IPA funding can be applied for (priority areas in Map 4) as a capacity-building project community. asap. Caring for our Country Ranger Coordinator through IPA, Caring for our Country, Lead Environmental funding date February 2011. ILC Community Groups program (LECGP), Community Action funding due June 2010. Community grants and/or ILC. Action grants due July 2010. LECGP funding due 2012 5a. Mapping: establish a map and database of Aboriginal Aboriginal CMA, DECCW, ILC funding due June 2010 land showing LEP zonings, archaeological predictive community. NSWDAA Community Action grants due July modelling layer, boundaries of lots and other Geographical 2010. Information Systems (GIS) information through ILC and Community Action Grants.

5b. Mapping: re-locate AHIMS sites (for location verification) Aboriginal LGA, (CHD) DECCW, TBA within LALC region/LG areas (as per Aboriginal Heritage community. Dep of Planning. Model), as part of sites officer training. 6. Establish maintenance work program for FNSW land. Aboriginal Forests NSW 2011 community. Ranger Coordinator

7. Establish work program for bushfire fighting and hazard Aboriginal Forests NSW 2010 reduction (HR) within the Region. community. DECCW, RFS

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 79. 8. Establish a Pacific oyster project for rangers to map, Aboriginal CMA, I and I August 2011 eradicate and monitor population for Pambula River. community. [Fisheries], Oyster Establish initial training program prior to implementing farmers project.

9. Apply for funding to develop a weed management Aboriginal CMA Caring for our Country funding program for Aboriginal land through Caring for our Country, community. date TBA. Community Action BVSC Protecting our Places, Community Action grants and/or grants due November 2010. Environmental Rehabilitation Restoration (ERR) Program. ERR funding TBA. Protecting our Priority areas are Fisheries Beach and Wyndham. Places funding is available in June 2010. 10. Re- establish weed hotspot project in Towamba Valley Aboriginal CMA August 2011 so that rangers implement works as part of weed community. TVLG management plans. CMA to seek funding. 11. Develop project for rangers to collect coastal debris by Aboriginal CMA, DECCW, December 2010 securing funding though agencies and/or the community. Fisheries, EPA, Tourism Environmental Rehabilitation, Restoration (ERR) Program, industries. ILC and Protecting our Places grant. 12a. Develop a vegetation management planning and TVLG TVLG, CMA 2011 implementation project on a property basis for Towamba CMA Aboriginal Valley (similar to weed hotspot project) and seek funding community through Caring for our Country. 12b Rehabilitation of mangroves on a section of the Kiah Aboriginal CMA, Fisheries, 2011 River, which suffers from a diminished population of community. DECCW. mangroves, as identified by Industry and Investment NSW (Fisheries). 13. Define a strategy for implementing the recommended Aboriginal DECCW 2011 actions relating to Aboriginal employment and training community. from the Kosciuszko National Park Plan of Management through the 5 year review process.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 80. 5.2. 2 Aquaculture enterprise

AQUACULTURE ENTERPRISE

ACTION WHO PARTNERS WHEN 1. Identify past commitments in relation to DAA December 2010 aquaculture proposal, Eden ILUA and Aboriginal community. Native Title Tribunal RFA. Department of Defence I & I NSW (Fisheries) 2. Source funding for the development of Aboriginal community. DAA, I & I NSW (Fisheries) and other 2010 a business plan / locate existing business relevant funding bodies including I plan. & I NSW [state and regional development]. 3. Develop a business plan in Aboriginal community. CMA, Marine Discovery Centre, Start June 2011 accordance with aquaculture industry DAA, TAFE/Auswide, I & I NSW development guidelines. (Fisheries). a Define short-, medium- and long-term goals b. Liaise with Certified Sustainable Sea foods www.msc.org in relation to the niche market of sustainable fishing. c. Establish partnerships d. Audit training needs and undertake targeted training.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 81. 5.2. 3 Tourism venture: walking, talking, camping

Tourism venture: walking, talking, camping

ACTION WHO PARTNERS WHEN 1. Aboriginal meeting to discuss cultural connections Aboriginal community. DECCW August 2010 to country along the Bundian Way [BW]. Forests NSW 2. Apply for community services funding to assess Aboriginal community. Forests NSW November 2010 portion of BW through State Forest [FMZ 1, 2 and 3a] and to develop tourism brochure and website through the employment of an Aboriginal tourism project officer 3. Assess and map BW within NP and other public Aboriginal community. DECCW 2010 - 2011 lands Local Governments 4. Develop a plan of management for Fisheries Beach Aboriginal community. DECCW June 2010 as a capacity-building exercise, training rangers in campground planning. 5. Apply for Aboriginal Heritage Projects (AHP) and/or Aboriginal community. NSW Tourism, I&I NSW AHP funding open all Indigenous Heritage Program (IHP) funding to develop (Fisheries) year - apply July 2010 tourism brochure and website, including promotion of DEHWA IHP funding TBA Twofold Bay Aboriginal values. 6. Define a strategy for implementing the SKAWG DECCW 2010 recommended actions relating to tourism from the Kosciuszko National Park Plan of Management through the 5 year review process.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 82. 5.2.4 Transmission and maintenance of cultural knowledge

Transmission and maintenance of cultural knowledge

ACTION WHO PARTNERS WHEN 1. Culture camps to be identified and Aboriginal community ELALC 2010 established across the Region, including Forests NSW Wallagaraugh River, Nullica, Fisheries Beach and Snowy River region. DECCW 2. Determine suitability of land claimed ELALC/Traditional Owners 2011 under the NSW Aboriginal Land Rights Act 1983 in the Delegate region for use by people with cultural and historical connections to that area. 3. Define a strategy for implementing Aboriginal community DECCW 2011 the recommended actions relating to the transmission and maintenance of cultural knowledge from the Kosciuszko National Park Plan of Management through the 5 year review process. 4. Action recommendations from the ELALC/people with historical and cultural Culture and Heritage 2010 heritage assessment/community associations with Delegate Reserve. Division (CHD) DECCW consultations in relation to listing

Delegate Reserve as an Aboriginal Place or Heritage Conservation Area under the LEP. 5. Apply for funding for a cultural Aboriginal community ELALC November 2010 mapping project for FMZ1-FMZ3a zones FNSW in SF through community services funding, to identify the cultural values

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 83. of local natural resources. 6. Develop working plans for Flora Aboriginal community ELALC 2011 Reserves with Forests NSW including at FNSW Wallagaraugh River and Letts Mt. CMA, CHD DECCW 7. Apply for Protecting our Places grant Aboriginal community Protecting our Places for Aboriginal sites officers to inform funding is available in property owners about the pre- and June 2010. post-contact heritage values of their land (artefacts and TEK) to inform ongoing land management practises. 8. Aboriginal oral history recording for Aboriginal community, SKAWG CMA, CHD DECCW, 2011 the Snowy Mountains and Monaro Southern Kosciuszko region, incorporating the Bundian Way. Aboriginal Working Group (SKAWG) 9a. Apply for funding through Aboriginal community CMA, Local Government, AHP funding open all Aboriginal Heritage projects (AHP) and/ DECCW. year – apply by March or Indigenous Heritage Program (IHP) 2011 funding to survey the Region for natural IHP funding TBA resources relating to: 1. basket weaving, 2. canoe building, 3. spear making, 4. fishhook carving, 5. fish net construction 9b. Identify skills and partners required Aboriginal community National Museum, 2011 for canoe building/carving, basket Australian Museum, weaving, spear making, fishnet ELALC manufacture and fishhook carving. CHD DECCW 9c. Develop cross-cultural training Aboriginal community ELALC 2011 package for enterprise and cultural CHD DECCW transmission purposes.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 84. 10. Finalising basket reed planting at Aboriginal community PWP, CMA 2010 - 2011 Panboola Wetlands Project (PWP); interpretive signage and weaving workshop required. 11. Initiate a place name project in Aboriginal community Geographical Names 2011 recognition of Aboriginal origins of Board of NSW place names across the Region. ANU linguists

CHD DECCW CMA 12a. Produce brochures, websites and Aboriginal Culture Centre Monaroo Auswide 2010 - 2011 other publications and displays to Bobberrer Gudu [ACCMBG] NSW Tourism, DET preserve and promote the knowledge of the local culture, history and landscape. Aboriginal Culture Centre Monaroo Auswide 2010 - 2011 12b. Undertake a family history program Bobberrer Gudu [ACCMBG] (including recording oral histories) for Australian Institute of future reference and community Aboriginal and Torres Strait access (knowledge centre). Islander Studies (AIATSIS) DECCW Aboriginal Culture Centre Monaroo Auswide, DET 2010 - 2011 12c. Establish a cross-cultural training Bobberrer Gudu [ACCMBG] program. DECCW

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 85. 5.3 Broader recommendations

Employment of Aboriginal Liaison Officers at Local Councils

None of the local councils within the Region have an appointed Aboriginal Liaison Officer. This position exists in many other Councils within the state (e.g. Eurobodalla Shire Council) and acts as a conduit for establishing Aboriginal community development projects and a contact person or expert on issues relating to cultural heritage in the area. During consultations the community expressed their frustration with having to deal with different officers in the various Councils regarding the same issues and a lack of knowledge of the history of Aboriginal affairs in the area. As part of this project, the development of this position in all four councils is recommended.

Extend the Indigenous estate in NSW

Hunt et al (CAEPR 2009) note that opportunities for Aboriginal engagement in natural resource management and for generating social benefits will be greater where opportunities can be taken to extend the Indigenous estate by expediting land claims, proactively facilitating National Park hand backs, supporting Indigenous Protected Areas and transferring Travelling Stock Reserves and other appropriate Crown lands, such as certain State forests, to Aboriginal ownership. It is recommended that no further sales or transfers of Travelling Stock Reserves occur without local Aboriginal traditional owners and Local Aboriginal Land Councils being informed. In particular, the Eden LALC seeks to finalise land claims under the NSW Aboriginal Land Rights Act relating to the Pambula–Merimbula lands and Nullica Beach. If these are successful, there would be a broad spectrum of NRM opportunities for Aboriginal people to relate to these lands.

Formalise by agreement or MoU cooperative management to protected areas.

As per Hunt et al (2009), NSW could set a goal of negotiating agreements with the appropriate Aboriginal traditional owners for the management of a significant proportion of its protected areas (land and marine) by 2013, the date of the next World Parks Congress, and the remaining areas by 2015. This could be achieved by way of MoU or ILUA. It is advised that a broad definition of ‘cooperative management’ be employed. The SKAWG seeks to finalise the current draft MoU for management of Kosciuszko National Park and Native Reserves of the Monaro. Outstanding issues outlined in the draft MoU between DECCW and Eden LALC also require resolution so that the MoU can be finalised.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 86 Formalise Aboriginal involvement in the development of new and revised Plans of Management and other strategies.

Formal processes should enable the Aboriginal community to participate in the development of management plans as they are established and or renewed. This is particularly relevant to a Plan of Management where ‘little is known about the Aboriginal values’ of the land in question.

Recognise that Aboriginal landowners need assistance to manage their estates as a result of low capacity levels: provide appropriate sources of support for them.

Most Aboriginal landowners are socioeconomically disadvantaged and lack financial and other capacities, including technical know-how, to address the many NRM issues they need, or are required, to address on their land. The type of support required that is of relevance to this plan includes extra staff to deliver and develop community development projects, vehicles to work on country and equipment to manage country. This support must be easily accessible and culturally sensitive.

Local government: public lands and LEP zonings

The Eden LALC region falls within four local government areas: Tumbarumba Shire, Bega Valley Shire, Bombala Shire and Snowy River Shire. Many opportunities and restrictions for Aboriginal participation in NRM, cultural heritage management and enterprise development exist at the local government level, depending on LEP conditions and the networks and partnerships formed between the relevant players. Of the four LGAs across the Region, only Bega Valley Shire Council has participated in the development of this plan. A number of actions are required in order to facilitate this potential:

¾ A summary of the four Local Government Areas’ Plans of Management for public lands is required to ascertain opportunities for the Aboriginal community in NRM across the Region; ¾ Communication networks need to be established between the Aboriginal community and the four local governments within the Region. ¾ An assessment of LEP zonings on ELALC lands is required to identify potentials and restrictions. ¾ Develop a broad-scale regional archaeological predictive model to afford protection to sites that have not been recorded. It is noted that all Aboriginal objects are already protected in NSW regardless of whether they have been recorded or not. ¾ As per the Aboriginal Heritage Office (AHO), North Sydney, model, coordinate cultural heritage management across a number of LGAs through a central office giving recognition to the fact that Aboriginal cultural heritage is not confined by government boundaries.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 87.

Establish further partnerships in order to implement inter related themes associated with the land and sea country plan.

The land and sea country plan for the Eden LALC region identifies partnerships with agencies with responsibilities associated with natural resource and cultural heritage management. The land and sea country plan however encompasses a broad range of themes as a reflection of the multifaceted links Aboriginal people have with the land and waters; health, well being, family needs, education and so on. It is thus recommended that other key agencies be invited to support the implementation of the plan, for instance, the NSW Department of Industry and Investment [Rural Assistance Authority, State and Regional Development and Tourism], the NSW Department of Education and Training, NSW Health [Mental Health and Drug & Alcohol Office] and the NSW Department of Community Services [Youth Services]. Each of these agencies, amongst others, have a respective role to play in relation to matters such as youth engagement, community wellbeing, web page and publicity brochure development, tourism initiatives, support for regional development and development of the links between cultural transmission projects and educational outcomes for indigenous people.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 88. REFERENCES

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Cameron, S 2008. Coastal Environmental Weeds of the Far South Coast. A report forming part of the ‘Support Community-based coastal weed control on the far South Coast’ project. A report done for the NSW National Parks and Wildlife Service, Bega Valley Shire Council and the Southern Rivers Catchment Management Authority.

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Department of Environment, Climate Change and Water 2009 Aboriginal Women’s Fishing: A thematic history. CHD DECCW [Alex Roberts and Kathy Shilling].

Department of Primary Industries (DPI) 2002 Indigenous Fisheries Strategy and Implementation Plan, DPI, NSW.

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Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN 91. APPENDIX ONE: Summary of commitments

A number of agencies have made commitments to the Eden LALC land and sea plan pilot planning process. Their agreed contributions have been integrated into the plan and they have undertaken to support funding applications etc as they arise. It is hoped that other organizations and agencies become involved in the implementation of the plan5. Partner agencies, at the time of producing the plan include:

¾ Catchment Management Authorities (CMAs) ¾ Industry and Investment NSW (Fisheries) ¾ Forests NSW ¾ DECCW ¾ Local Government ¾ ANU Centre for Aboriginal Economic and Policy Research (CAEPR) ¾ Towamba Valley Landcare Group ¾ Panboola Wetlands and Heritage Project

See also action tables and tasks according to existing agreements in sections 5.1 and 5.2.

Catchment Management Authorities (CMAs)

In accordance with the CAP, there are two main ways in which a CMA could partner with ELALC to develop the aspirations of the organisation and the recommendations from this plan. This would involve:

¾ Supporting the development of an aquaculture industry. The development of a plan to guide the eventual development of an aquaculture industry to employ Koori people in the Region is required. Targets in the CAP detail CMA’s commitment to partner with Aboriginal communities to develop and implement Aboriginal aquaculture strategy (CMA 2007).

¾ Supporting the development of a ranger group. Initially, the CMA could work with ELALC to establish a committee with relevant NRM agencies that would develop a ranger group by sourcing contracts and funding. There are numerous NRM projects that the CMA could support in kind and through funding to establish the initial employment of a ranger group to work on and off Aboriginal-owned land.

Department of Environment, Climate Change and Water [DECCW]

DECCW can provide mentoring support for Aboriginal people establishing Plans of Management for LALC land. Areas of expertise include:

¾ NPWS have agreed to work with Eden LALC to develop a management plan for Fisheries Beach Aboriginal Land (Rob McKinnon, NPWS, pers. Comm. 23.7.2010). This process will build ELALC’s capacity to manage the area in a sustainable manner.

5 For instance the plan is also directly relevant to the NSW Rural Fire Service, the NSW Department of Industry and Investment [Rural Assistance Authority, State and Regional Development and Tourism], the NSW Department of Education and Training, the NSW Department of Community Services [youth], the Bombala Shire Council, Snowy River Shire Council, and Tumbarumba Shire Council.

¾ Flora surveys (Fisheries Beach, Wonboyn and Kiah have all been done); ¾ Vegetation management; and ¾ Fire management and associated training.

Allow for culture camp development in Ben Boyd and Kosciuszko National Parks. This would cover a range of terrain types across the Region: alpine, coastal, hinterland and rangelands.

Industry and Investment (NSW Fisheries)

Industry and Investment NSW (Fisheries) and industry groups with support from the NSW Department of State and Regional Development (DSRD), ATSIC and DAA would have lead roles in this activity. The rationale is to create jobs in the seafood industry because of its importance to the community (Department of Infrastructure, Planning and Natural Resources (DIPNR) 2004). A range of opportunities exist for Aboriginal people in partnership with the NSW Department of Industry and Investment (Fisheries), including:

¾ Debris collection; ¾ Pest eradication and monitoring; ¾ Boat and navigation training [TAFE/ AUSWIDE]; ¾ Advice and support concerning enterprise development in relation to replenishing marine stocks and harvesting stock; ¾ Support for cross-cultural training and exchange in relation to ‘saltwater’ cultural traditions; and ¾ Advice and support to ensure gathering of cultural food for sustenance is maintained.

Industry and Investment (Forests NSW)

The Eden Regional Forestry Agreement and a MoU currently exist between Eden LALC and Forests NSW for the eastern half of the Eden LALC area in accordance with the boundaries of the Eden RFA, which covers the previous south-east State Forests region. Forests NSW can assist the local Aboriginal community by engaging them in the following area:

¾ Training and employing Aboriginal work crews to undertake hazard reduction burning and fire fighting across State forests in the southern region; ¾ Planning works for NRM; ¾ CH protection; ¾ Provide rangers with maintenance works and associated training; ¾ Identify joint management lands in FMZ 1, 2 and 3a; ¾ Training logging work crews; ¾ Assisting work crews to compete for future contracts in areas such as track maintenance and recreational site improvements; ¾ Assess private forested lands (aboriginal owned) for forestry potentials, including mapping and an estimation of income that could be generated from forestry pursuits; ¾ Assisting work crews to compete for future contracts; and ¾ Apply for community services funding with Forestry NSW for cultural mapping for planning purposes.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN Local Government

The Eden LALC region falls within four local government areas: Tumbarumba Shire, Bega Valley Shire, Bombala Shire and Snowy River Shire. Local government provides a perfect avenue for providing work opportunities for a ranger group as much of its activities involve on-ground work relevant to a ranger program. As an example, the BVSC Eden Foreshores Plan of Management (2007) recommends the following actions, all of which could be implemented by a ranger group:

¾ Rehabilitation of native bushland – weed control, removal of non-indigenous species and bush regeneration; ¾ Landscaping and re-establishment of vegetated corridors; ¾ Control burning in mosaic form; and ¾ Developing various tracks.

Funding activities to support a ranger group could be built into part of local government’s annual operations.

Specific projects that require development between BVSC and ELALC includes the management of Blue Hound’s Tongue and Serrated Tussock populations. Longer- term funding and a joint strategy between BVSC and ELALC would ensure the continuity and the success of weed management work done to date. The Aboriginal community could apply for funding with BVSC and the CMA to establish a plan to eradicate the above weed populations.

Australian National University’s Centre for Aboriginal Economic and Policy Research (CAEPR)

The Australian National University’s CAEPR is undertaking research across NSW about the social benefits of Aboriginal participation in sustainable management of country (see Hunt, Altman and May 2009). CAEPR is considering engaging with the Jigamy Rangers to explore their understanding of the social benefits of their work as rangers in NRM and what conditions need to be met for these benefits be enjoyed on a wider basis in NSW. Research outcomes will be used by Jigamy to support funding applications. The key researcher, Dr Janet Hunt, will also be able to provide information and networking support to the ELALC, during the development of the ranger program and, if desired, during the early stages of the Sea and Land Management Plan implementation [per comm. Janet Hunt 17.5.2010].

Towamba Landcare

The Aboriginal community has developed a strong working relationship with Towamba Landcare (TL) through past and current weed management projects in the Towamba Valley. Such projects are linked to the TL action plan. Future projects that the Landcare group aspire to continue and develop with the Aboriginal community include:

¾ Reducing the impacts of weeds in the valley for twice as long as funding currently permits per year; ¾ Implementing works from management of weed hotspots plans: and ¾ Developing a project where the community implement actions in Vegetation Management Plans (Derek Lewis, TL, pers. comm. 10.5.2010)

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN Panboola Wetlands and Heritage Project

Panboola is a conservation, restoration, educational and passive recreation and tourism project, embracing the history and diversity of the wetlands within the floodplain (Panboola Wetlands and Heritage Project. n.d). The group have worked with ELALC on revegetation projects in the past and have shown interest in working with the Aboriginal community on the following projects;

¾ Using reeds located on the site for basket-weaving workshops and demonstrations led by community members with relevant experience and skills; ¾ Employing the Aboriginal work crew from ELALC for any future revegetation works on site; ¾ Developing a bush tucker garden; and ¾ Supporting a basket-weaving workshop.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN APPENDIX TWO: Investing in the plan – relevant grants and programs

Numerous grants and programs exist for funding small, medium and long-term cultural and natural resource management projects that have been mentioned within this plan and specifically in Section 3. This includes funds to implement projects, build capacity, assist in administrative costs and provide volunteer assistance to organisations such as Eden LALC. The following is a summary of the grants and programs available at the time of writing this project.

Caring for our Country

Caring for our Country is the Government's new natural resource management program. Caring for our Country is designed as an integrated package with one clear goal, a business approach to investment, clearly articulated outcomes and priorities, and improved accountability. It commenced on 1 July 2008 and will integrate delivery of the Commonwealth's existing natural resource management programs, the Natural Heritage Trust, the National Action Plan for Salinity and Water Quality, the National Landcare Program, the Environmental Stewardship Program, IPA program (also discussed separately below) and the Working on Country Indigenous land and environmental program.

The 2010-11 Caring for our Country business plan sets out the priorities for investment in 2010-11. These targets are aligned to deliver outcomes against the six national priority areas. Priorities listed in a business plan relevant to projects discussed in this plan are:

• Reducing the impact of weeds—To reduce the impact and spread of Weeds of National Significance over the next two years. Priority will be given to collaborative activities that address outliers, containment lines and strategic management of core infestations where appropriate. • Increasing coastal community engagement—To engage at least 500 community organisations in coastal rehabilitation, restoration and conservation projects over the next two years. • To increase the area of Indigenous-owned land declared as Indigenous Protected Areas by 2 million hectares a year in under-represented bioregions and managed as part of the National Reserve System. • Engaging Indigenous communities—To develop, support and reinvigorate at least twenty Indigenous partnerships over two years that engage traditional ecological Indigenous communities in delivering Caring for our Country.

The Business plan also states that “… there will be further calls for Indigenous rangers in 2010–11 and subsequent years”. http://www.nrm.gov.au/funding.htm

Indigenous Protected Area (IPA) An IPA is an area of Indigenous-owned land or sea where traditional Indigenous owners have entered into an agreement with the Australian Government to promote biodiversity and cultural resource conservation (Department of Environment, Water, Heritage and the Arts n.d.). The national Indigenous Protected Area program—

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN which has expanded significantly across northern Australia in particular, and appears set to expand considerably in NSW—is providing a range of environmental services such as biodiversity protection, weed control, fire management and (in NSW) wetlands recovery for the nation (Hunt, Altman and May 2009). An IPA declaration can have considerable financial advantages for the community as it can provide funding for managing country in both traditional and contemporary ways. The criteria under which land is assessed for an IPA depend upon numerous conditions. Land under the IPA becomes part of the national reserve system and, because of this, unrepresented land is more likely to be approved. The main priority for the National Reserve System is to address gaps in comprehensiveness at the national scale. Australia is working towards a target of ten per cent of our bioregions to be incorporated into the National Reserve System. http://www.environment.gov.au/indigenous/ipa/index.html

Indigenous Land Corporation (ILC)

The Indigenous Land Corporation (ILC) was established in 1995 as an independent statutory authority of the Commonwealth Government. The purpose of the ILC, as defined in the Aboriginal and Torres Strait Islander Act 2005, is to assist Indigenous people acquire and manage land to achieve economic, environmental, social and cultural benefits.

There are two categories for which the ILC can provide funding that are relevant to this plan.

1. Land management assistance that may be applied for:

A. Property-based Projects are those that assist Indigenous landholders to: • Develop Indigenous businesses that relate to the use of land; • Protect cultural and environmental heritage; and/or • Improve management of their land.

Assistance can be for infrastructure development and other land management activities associated with the managed use, care and improvement of land.

B. Training and planning projects are those that assist Indigenous landholders to build their capacity to manage land.

• The ILC supports training projects that relate to the management and use of Indigenous-held land. The ILC gives priority to training that will lead directly to the employment of Indigenous people. • The ILC funds a facilitator to work with Indigenous landholders to develop a plan of management for their land.

2. Business development on Aboriginal land:

The ILC Board considers that Indigenous people, particularly in rural and remote Australia, are an untapped workforce that could readily fill vacancies in the pastoral, tourism, horticulture, mining and resource sectors in these areas. Consequently, the ILC believes that its business operations are a crucial element in creating

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN employment and making people job-ready by providing accredited on-the-job training for Indigenous people. The ILC works closely with the Department of Employment, Education and Workplace Relations, industry groups and group training organisations to provide accredited training and industry-recognised skills development so people can take up paid employment either on ILC properties or within mainstream industry sectors.

ILC will provide assistance in establishing a business to:

• assist Indigenous landowners to bring Indigenous-held land back into production; • provide industry-based training to enable employment in mainstream businesses; and • provide unique, residential, industry-based training facilities. http://www.ilc.gov.au

Indigenous Cultural Support Program (ICS)

The Indigenous Cultural Support (ICS) program supports the maintenance and continued development of Indigenous culture at the community level. ICS funds activities that encourage culturally vibrant Indigenous communities and contribute to the cultural well-being of Indigenous individuals and communities. The program supports activities that:

• maintain Indigenous culture through community involvement; • support new forms of Indigenous cultural expression; • increase public awareness of Indigenous culture, including through the presentation and exchange of culture; and • support the sustainable development of community organisations involved in cultural activities. www.arts.gov.au/indigenous/ics

Land Alive

Land Alive gives Aboriginal landowners a chance to create jobs and business opportunities, managing land for conservation through the BioBanking Scheme. BioBanking is a market-based scheme that enables 'biodiversity credits' to be generated by landowners who commit to enhance and protect biodiversity values on their land through a biobanking agreement. These credits can then be sold, generating funds for the management of the site. Credits can be used to counterbalance (or offset) the impacts on biodiversity values that are likely to occur as a result of development. The credits can also be sold to those seeking to invest in conservation outcomes, including philanthropic organisations and government.

The program provides Aboriginal people with the acquisition of skills, creating opportunities for long-term jobs. Participants will gain practical experience, learning about the BioBanking Scheme and its benefits. The project also provides an opportunity for Aboriginal ecological knowledge to be recognised alongside scientific approaches to land management. http://www.environment.nsw.gov.au/biobanking/index.htm

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN

Environmental Restoration and Rehabilitation Grants

The aim of the Restoration and Rehabilitation (R&R) program is to facilitate projects to prevent or reduce pollution, the waste stream or environmental degradation of any kind, run by community organisations and State and local government organisations. Through these projects, the aim is to improve the capacity of communities and organisations to protect, restore and enhance the environment.

The objectives that are of interest to this plan are to:

• Restore degraded environmental resources, including rare and endangered ecosystems; • Protect important ecosystems and habitats of rare and endangered flora and fauna; • Prevent or minimise future environmental damage; • Enhance the quality of specific environmental resources; and • Improve the capacity of eligible organisations to protect, restore and enhance the environment.

Grants of between $5,000 are $100,000 are available. http://www.environment.nsw.gov.au/grants/restoration.htm Protecting our Places Program [POP]

The NSW Environmental Trust, an independent statutory body established by the NSW Government, has been providing Protecting Our Places environmental funding for Indigenous groups since 2004. The objectives of the program are ‘… to protect land that is culturally significant to Aboriginal people and support education projects about the environment and its importance to Aboriginal life’ (NSW Environmental Trust 2009). The objectives of the Protecting Our Places Program are to: • Restore or rehabilitate Aboriginal land or land that is culturally significant to Aboriginal people; and • Educate Aboriginal and other communities about the local environment and the value Aboriginal communities place on their natural environment. The program funds small projects valued at $2000-$35000. http://www.environment.nsw.gov.au/grants

Lead Environmental Community Groups Program (LEGG)

The Lead Environmental Community Groups (LECG) program aims to assist eligible lead environmental community organisations in NSW by contributing towards their administrative costs. This particular program is the only Trust program to offer this type of support. The objective of the LECG program is to provide administrative funds to assist eligible lead environmental community organisations in NSW to value, conserve and protect the natural environment through:

• Actively involving the community in projects to protect and enhance the natural environment;

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN • Raising community awareness and understanding of, and gathering information on, environmental issues with a view to bringing about behavioural change across the community; • Being effective advocates in expressing the community's environmental concerns; and • Being actively involved in program and policy development initiatives with government and industry bodies on environmental issues.

In 2009, grants of up to $80,000 per year were available to eligible organisations governments and industry bodies on environmental issues. http://www.environment.nsw.gov.au/grants/Lead.htm

Indigenous Community Volunteers

Indigenous Community Volunteers (ICV) is a non-government registered charity. ICV works in partnership with Aboriginal and Torres Strait Islander people to promote their well-being. ICV works nationally with Aboriginal and Torres Strait Islander communities, organisations, businesses, families and individuals to facilitate community development projects. Communities control ICV projects. The community nominates the volunteer capabilities they require and select the particular volunteers they need. An application to this program simply involves a phone call. http://www.icv.com.au/about-icv

Community Action Grants

Community Action Grants are the small grants component of the Australian Government's Caring for our Country initiative that aims to help community groups take action to conserve and protect their natural environment. The grants are targeted on established community-based organisations that have sustainable farming and/or protecting and enhancing the natural environment as their principle objectives. The grants fund Indigenous organisations between $5000 and $20,000 (GST exclusive) to take action to help protect and conserve Australia's environment. Projects must be completed within 18 months or less. The grants are available to groups currently operating in the environmental and sustainable land management arena and to established and emerging Indigenous organisations. Community Action Grants support local activities such as tree planting, revegetation, dune rehabilitation, field days, improving land management practices, and recording and use of traditional ecological knowledge. http://www.nrm.gov.au/cag

The Indigenous Heritage Program (IHP)

The Indigenous Heritage Program (IHP) is an Australian Government initiative that supports the identification, conservation and promotion (where appropriate) of Indigenous heritage. Individual project funding for organisations will, in general, be available up to a maximum of $100,000 (GST exclusive). Individual applicants will generally be eligible for funding up to $5000. Applications for more than these amounts may be considered where the applicant demonstrates special circumstances or a genuine requirement for additional funds.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN The IHP may also help identify places likely to have outstanding Indigenous heritage value to Australia suitable for inclusion on the National Heritage List. http://www.environment.gov.au/heritage/programs/ihp/index.html

Aboriginal Heritage Projects

Funding exists through the Heritage Branch of the NSW Department of Planning for projects that conserve, promote and increase the understanding of Aboriginal heritage. The grants are for up to $20,000. http://www.heritage.nsw.gov.au/index.html

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN APPENDIX THREE: The legal framework – relating to Aboriginal land and sea management.

Current legislation provides a number of limitations as well as opportunities in relation to the management of Aboriginal cultural heritage and Aboriginal people’s involvement in the management of natural resources across land and waters.

The NSW Aboriginal Land Rights Act 1983 recognises that the State of NSW was traditionally owned and occupied by Aboriginal people and that land is integral to Aboriginal culture. Aboriginal Sites Officers at Local Aboriginal Lands Councils undertake Aboriginal Heritage Assessments in accordance with their statutory functions relating to Aboriginal Heritage protection detailed in section 52[1][m] of the NSW Aboriginal Land Rights Act 1983. This act allows Aboriginal people, through the LALCs, to claim vacant crown land.

The Native Title Act 1993 allows for the recognition of Native title rights to land and waters across Australia. To date there have been two determinations of Native Title in NSW: the Dunghutti people’s determination at Crescent Head in 1997 and, in 2007, a consent determination was made recognising the non-exclusive native title rights and interests of the Githabul people over 13 state forests and nine National Parks in north-east New South Wales. To date all Native Title applications within the Eden LALC region have either been withdrawn or failed to comply with registration tests under the Native Title Act 1993. As there are no native title determinations within the Region, there are no statutorily defined ‘native title holders’. As with the use of other statutory terms, people still use the term ‘Native Title Holder’, as a self-defined label.

Indigenous Land Use Agreements (ILUA) are provided for under the Native Title Act1993, a beneficial process in terms of Aboriginal land management strategies. Eight ILUAs have been registered in New South Wales, one of which is within the Eden LALC region: the ‘Twofold Bay ILUA’ covering the multipurpose wharf. Other Aboriginal groups across the state have utilised the native title agreement-making process to secure and define land management arrangements to customary lands, regardless of tenure. The Bundjalung people of Byron Bay for instance have two indigenous land use agreements which have allowed for additional crown land to be added to existing National Parks and Nature Reserves and for crown land around a culturally significant lake to be reserved and co-managed by custodians as a Nature Reserve.

Government’s responsibility for cultural heritage management is enshrined within three acts: the Heritage Act1977, the Environmental Planning and Assessment Act (EP&A) 1979 and the National Parks and Wildlife Act 1974.

In NSW, heritage laws have evolved with the aim of protecting the archaeological remains of the pre-contact period. Although the National Parks and Wildlife Act 1974 (as amended) applies to all land tenure types across the state, it falls short of protecting Aboriginal heritage values other than those defined as ‘objects’. By legislative definition a object is any ‘deposit, object or material evidence relating to indigenous and non-European habitation of the area that comprises New South Wales, being habitation both prior to and concurrent with the occupation of that area by persons of European extraction, and included Aboriginal remains’6. An Aboriginal Heritage place associated with non-archaeological, non-material

6 NPW Act 1974, Section 5.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN features, can be protected under the NPW Act 19747, if it has been assessed and declared by the Minister as an ‘Aboriginal Place’.

Within the Environmental Planning and Assessment Act 1979, the definition of the ‘environment’ incorporates cultural and social values. Under this act, each Council’s Local Environmental Plan (LEP) requires a Heritage Impact Statement if a development is proposed at a place of known or potential Aboriginal heritage significance. Although local government is able to ‘conserve places of Aboriginal heritage significance’, there are no Aboriginal Heritage Conservation Areas listed in the Bega Valley Shire, Bombala Shire, Snowy River Shire or Tumbarumba Shire Council LEPs, within the Eden LALC area.

The NSW Heritage Act 1977 offers protection to heritage places if these places have been assessed and in turn listed on the State Heritage Register, in relation to post- 1950 ‘historic sites’. Some Aboriginal places may fall within this definition. The 1999 amendments to the NSW Heritage Act passed the responsibility for identifying, assessing and managing items of local significance to local government.

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) is the Australian Government's central piece of environmental legislation. It provides a legal framework to protect and manage nationally and internationally important flora and fauna, ecological communities and heritage places — defined in the Act as matters of national environmental significance. The EPBC Act focuses Australian Government interests on the protection of matters of national environmental significance, with the states and territories having responsibility for matters of state and local significance. Department of the Environment, Water, Heritage and the Arts (the Department) administers the EPBC Act.

The objectives of the EPBC Act of concern to this report are to:

• provide for the protection of the environment, especially matters of national environmental significance; • enhance the protection and management of important natural and cultural places ( Department of Environment, Water, Heritage and the Arts n.d.); • Recognise the role of indigenous people in conservation and the ecologically sustainable use of Australia’s biodiversity, and the promotion of the use of indigenous knowledge and the cooperation with the owners of such knowledge (National Oceans Office 2002); and • Allow Aboriginal and Torres Strait Islander people to continue traditional and non-commercial hunting, food-gathering or ceremonial or religious activities in “commonwealth reserves”. However, such activities may be restricted by regulations made to conserve biodiversity and are expressed to affect the traditional use of the area by Aboriginal people (National Oceans Office 2002).

The objectives of the Native Vegetation Act 2003 (NV Act) are to provide for, encourage and promote the management of native vegetation on a regional basis in the social, economic and environmental interests of the State. Further, the objectives of the NV Act include to:

a) Prevent broad-scale clearing unless it improves or maintains environmental outcomes;

7 NPW Act 1974, Section 84.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN b) Protect native vegetation of high conservation value having regard to its contribution to such matters as water quality, biodiversity, or the protection of salinity or land degradation;

c) Improve the condition of existing native vegetation, particularly where it has high conservation value; and

d) Encourage the revegetation of land, and the rehabilitation of land, with appropriate native vegetation.

A simplified definition of native vegetation is where:

• Groundcover comprises greater than 50% live indigenous species, and 10% or more of the area has some form of vegetative cover whether dead or alive, OR • Indigenous species overstorey percent cover is at least 25% of the corresponding vegetation class benchmark.

The Threatened Species Conservation Act 1995 provides for the conservation of threatened species, populations and ecological communities of animals and plants (although the Act does not specifically apply to fish). The Act sets out a number of specific objects relating to the conservation of biological diversity and the promotion of ecologically sustainable development.

The Act sets up a Scientific Committee, whose functions include:

• Identifying and classifying (as endangered, critically endangered or vulnerable) the species, populations and ecological communities with which it is concerned, and • Identifying key threatening processes that may threaten the survival of those species, populations and ecological communities.

The Coastal Protection Act 1979 makes provisions relating to the use and occupation of the coastal region in order to preserve and protect these areas whilst encouraging sustainable use of the areas. The Act also facilitates the carrying out of certain coastal protection works.

State Environmental Planning Policy (SEPP) No. 44 – Koala Habitat Protection encourages the conservation and management of natural vegetation areas that provide habitat for Koalas to ensure that permanent free-living populations will be maintained over their present range across 107 local government areas (LGA). Eurobodalla LGA is one of these LGA in which the subject site is located. Local councils cannot approve development in an area affected by the policy without an investigation of core koala habitat. The policy provides the state-wide approach needed to enable appropriate development to continue, while ensuring there is ongoing protection of koalas and their habitat. SEPP 44 aims to identify areas of potential and core Koala Habitat. These are described as follows:

• Potential Koala Habitat is defined as areas of native vegetation where the trees listed in Schedule 2 of SEPP 44 constitute at least 15% of the total number of trees in the upper or lower strata of the tree component; and

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN • Core Koala Habitat is defined as an area of land with a resident population of koalas, evidenced by attributes such as breeding females, and recent and historical records of a population.

State Environmental Planning Policy SEPP No. 14 – Coastal Wetlands: This policy ensures coastal wetlands are preserved and protected for environmental and economic reasons. Land clearing, levee construction, drainage work or filling may only be carried out within these wetlands with the consent of the local council and the agreement of the Director General of the Department of Planning. Such development also requires an environmental impact statement to be lodged with a development application.

Commonwealth and state legislation covers fisheries in waters adjacent to the Eden LALC region; in NSW regulations are detailed in the Fisheries Management Act 1994. The overall objectives of this Act are to conserve, develop and share the fishery resources of the State for the benefit of present and future generations. In particular this Act aims to conserve fish stocks and key fish habitats; to conserve threatened species, populations and ecological communities of fish and marine vegetation; to promote ecologically sustainable development, including the conservation of biological diversity; to promote viable commercial fishing and aquaculture industries and quality recreational fishing opportunities; to share fisheries resources appropriately between the users of those resources; to provide social and economic benefits for the wider community of New South Wales; to recognise the spiritual, social and customary significance to Aboriginal persons of fisheries resources; and to protect and promote the continuation of Aboriginal cultural fishing.

The Fisheries Management Act 1991 defines the Australian Fishing Zone (AFZ) and provides for the majority of Commonwealth fisheries offences. It underpins domestic and foreign compliance work and provides enforcement powers to protect Australia’s valuable fishery resources. Responsibilities in relation to ecologically sustainable development (ESD) are set out in section 3(1)(b) of the Fisheries Management Act 1991. This is the requirement to manage the long-term sustainability of fisheries resources for the benefit of all users and interest groups both now and in the future. This requires that stocks be maintained at a sustainable level and, where necessary, rebuilt to ensure maximum inter-generational equity. It also requires managing fisheries so as to minimise the impact of fishing on biological diversity and ecosystem habitat. As part of this process, research into environmentally friendly fishing methods and by-catch minimisation is seen as a priority (Australian Fisheries Management Authority n.d). Fishing licenses are issued under the Fisheries Management Act 1991.

In 2000, forum workshops were held for representatives of Aboriginal groups to discuss interest in the development of a National Indigenous Fisheries Strategy. Following is a summary of concerns:

• There is a perceived lack of accommodation of traditional indigenous fishing practices. By contrast, in the USA 50% of the total fisheries allocation of Washington State belongs to the Indigenous population. • There has been a decline in the participation of Aboriginal people in commercial, recreational and aquaculture fisheries.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN • Aboriginal people have an insufficient meaningful presence and participation in the processes of managing and conserving fisheries resources (National Oceans 2002).

Some support from Indigenous Business Australia for Indigenous fishers in Victoria (abalone) and the Northern Territory (mud crab) indicates that some strengthening of Indigenous commercial engagement is possible, but aquaculture has been assessed as the most likely avenue for Indigenous employment and economic benefit in the future (Durette 2007; Tedesco & Szakiel 2006 in Hunt et al 2009). International experience suggests that engagement in commercial fisheries could have significant economic impact, but the slow development of common law rights in resources in Australia has been a problematic institutional hurdle compared to the experience of Canada and New Zealand (Hunt, Altman and May 2009).

These issues continue to be relevant. Aboriginal cultural fishing policy is currently being reviewed by Industry and Investment NSW (Fisheries). Changes in policy, in support of Aboriginal fishing rights, are imminent.

There are also a number of international laws and declarations that relate to indigenous rights and natural resources, the primary document being the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Article 3 of the UNDRIP states, “Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development…’; Article 20(1) states that indigenous peoples have the right to be secure in “… the enjoyment of their own means of subsistence and development” and to participate freely in “… all their traditional and other economic activities”; Article 26(2) establishes the rights of indigenous peoples to own, use, develop and control “… lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use”.

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN APPENDIX four: Maps

MAP 1: ABORIGINAL LAND HOLDINGS: EDEN LALC

MAP 2a: FMZ STATE FOREST: EDEN LALC (EASTERN EXTENT)

MAP 2b: FMZ STATE FOREST: EDEN LALC (WESTERN EXTENT)

MAP 3: IDENTIFIED RANGER ACTIONS

Land & Sea Country Plan Eden LALC, NSW: Pilot Land & Sea Country Planning Process: FINAL PLAN %U Thredbo

Eden LALC

# region

%U Bombala %U %U Wyndham Pambula

%U Delegate %U Eden

%U Wonboyn Lake

Legend Datum: GDA94 ELALC region boundary National Parks estate Coordinate system: Geographic Data source: Southern Rivers CMA Mapping date: May 2010 Aboriginal owned land State forest Eden Land and Sea Country Plan 0 25 50 Kilometers Highway Waterway Map1. Eden LALC region

TANTAWANGALO SF

CATHCART SF

YURAMMIE SF %U

Bombala %U %U COOLANGUBRA SF WyGnNdUhPaA mSF Pambula BOMBALA SF

BROADWATER SF

%U Delegate NALBAUGH SF %U CRAIGIE SF NULLICA SF Eden

TOWAMBA SF

BONDI SF EAST BOYD SF

NUNGATTA SFYAMBULLA SF %U Wonboyn Lake TIMBILLICA SF

BRUCES CREEK SF NADGEE SF

Legend Forest Management Zone Zone 1 - Special Protection ELALC region boundary Zone 2 - Special Management Zone 3A - Harvesting Exclusions Datum: GDA94 Aboriginal owned land Coordinate system: Geographic Zone 3B - Special Prescription Data source: NSW DPI (State Forests) Highway Zone 4 - General Management Mapping date: May 2010 Zone 5 - Hardwood Plantations Eden Land and Sea Country Plan Zone 6 - Softwood Plantations 0 10 20 Kilometers Map 2a. Forest Management Zones Zone 7 - Non- Forestry Use

%U Thredbo MOWAMBA SF

INGEBIRAH SF

Legend Forest Management Zone Zone 1 - Special Protection ELALC region boundary Zone 2 - Special Management Zone 3A - Harvesting Exclusions Datum: GDA94 Aboriginal owned land Zone 3B - Special Prescription Coordinate system: Geographic Data source: NSW DPI (State Forests) Highway Zone 4 - General Management Mapping date: May 2010 Zone 5 - Hardwood Plantations Eden Land and Sea Country Plan Zone 6 - Softwood Plantations 0 10 20 Kilometers Map 2b. Forest Management Zones Zone 7 - Non- Forestry Use 1. Identified areas for IPA 2. Priority areas for LM plans

#

#

#

Further development of existing weed eradication program

%U

Bombala %U# %U Wyndham Pam# bula Pacific Oyster eradication project

1. Develop formal campground 2. Further development of %U existing weed eradication Delegate %U program # Eden 1. Identified areas for IPA # # # 2. Priority areas for LM plans

Coastal debris cleanup project Regional-wide activities: # # (covering entire # 1.Ongoing site protection Eden LALC 2.Fire management coastline) %U 3.Cultural camping Wonboyn Lake

#

State Forest maintenance work (i.e. in all SF areas)

Implement weed hotspot management plans (Towamba Valley)

Aboriginal owned land Waterway Datum: GDA94 Coordinate system: Geographic National Parks estate ELALC region boundary Data source: Southern Rivers CMA Mapping date: May 2010 Eden Land and Sea Country Plan State Forest 0 10 20 Kilometers Map 3. Identified actions for ranger group

ADDENDUM: OUTCOME OF COMMUNITY ENDORSEMENT PROCESS

BACKGROUND: The Aboriginal community were asked to ‘endorse’ the final Land and Sea Country Plan for the Eden LALC region. During the endorsement process a number of relevant comments were made, as summarised below. Some of these matters are not adequately covered or highlighted in the plan but due to there continued relevance, should be considered by those implementing the plan. A number of the issues outlined relate to opportunities associated with ocean, estuarine and fresh waters within the Eden LALC region. As such, the following summary could be used to guide a working group [eg a sub committee of the Eden land and sea country steering committee] with interests in and responsibility for developing the plan across ocean, estuarine and fresh waters.

The Aboriginal community continue to value sea country for cultural subsistence and commercial purposes.

As highlighted during the Eden Regional Forestry Agreement negotiations and articulated in the Twofold Bay Indigenous Land Use Agreement, the foreshore and waters of Twofold Bay contain cultural and economic significance to the Aboriginal community. In particular, the ocean waters within Twofold Bay including the foreshore from Fisheries Beach to Brierly Point; Wonboyn Lake and Kiah Inlet.

The Twofold Bay Indigenous Land Use Agreement [ILUA] allows for the protection, management and use [domestic and or commercial] of marine resources within the waters of Twofold Bay subject to the ILUA. As noted in sections 3.2.3, 3.2.4, 3.2.6 and 3.4.1 of this plan, opportunities exist for Aboriginal community development across the areas of aquatic pest control, aquatic revegetation, coastal debris collection and fisheries activities including aqua culture [the culturing of fish for sale], cultural harvests [collection of sea foods for cultural purposes] and commercial fishing [fishing from the wild to sell]. Feasibility studies and assessments relating to the development of a mussel pontoon and pearl harvesting have already taken place.

Access to ocean waters is seen as an essential component to the realisation of these aspirations. As previously discussed during RFA negotiations, the Aboriginal community aspire to the development of strategically located wharfs, boat ramps and slip rails. The realisation of these opportunities will require the development of a business plan [see section 5.2.2 of this plan] involving the ILUA parties [DEWHA, NSWLALC, Industry and Investment [fisheries], the Department of Defence, the Native Title Services and the Waterways Authority. It has also been suggested that the NSW Department of Aboriginal Affairs, the NSW Premiers Department and the University of Wollongong’s Shoalhaven Marine and Freshwater Center (SMFC) support and advise these parties to improve Aboriginal community development outcomes.

Addendum to Eden Land and Sea Country Plan 1 Investigate the possibility of developing a Protected Area across ocean waters in accordance with the International Union for the Conservation of Nature [IUCN] for the purpose of protecting and maintain cultural resources and associated knowledge across the region.

The IUCN Protected Area categories were used to develop the Comprehensive, Adequate and Representative [CAR] system across forested areas for the Eden RFA. The classification can also be applied to ocean waters as a way to protect and maintain biological diversity as well as natural and cultural resources. IUCN Protected Areas Categories relevant to this planning process include:

Category II [National Park] protected areas are large natural or near natural areas set aside to protect large-scale ecological processes, along with the complement of species and ecosystems characteristic of the area, which also provide a foundation for environmentally and culturally compatible, spiritual, scientific, educational, recreational, and visitor opportunities.

Category V [Protected Landscape/ Seascape] protected areas are where the interaction of people and nature over time has produced an area of distinct character with significant, ecological, biological, cultural and scenic value: and where safeguarding the integrity of this interaction is vital to protecting and sustaining the area and its associated nature conservation and other values.

Category VI [Protected area with sustainable use of natural resources] protected areas conserve ecosystems and habitats together with associated cultural values and traditional natural resource management systems. They are generally large, with most of the area in a natural condition, where a proportion is under sustainable natural resource management and where low-level non-industrial use of natural resources compatible with nature conservation is seen as one of the main aims of the area.

The possibility of applying one of these classifications to sea country associated with the Eden LALC region should be investigated for the purpose of giving recognition to the ancient inter relationship between the natural and cultural elements of the marine ecology; indigenous people have played a role in determining and maintaining today’s natural environment. The protection of biodiversity and the maintenance of cultural knowledge and activities associated with ecological processes would be supported by the declaration of a Protected Area.

Addendum to Eden Land and Sea Country Plan 2 A broad definition of cultural values and associated practises should underpin the implementation of the Eden LALC Land and Sea Plan.

Aboriginal culture and heritage is not limited to discrete items of the past, it also relates to places, landscapes, waterways, activities, plants, animals, people, stories and mythologies, ways of teaching, economic practises, historical experiences and religious customs now and into the future. Aboriginal cultural heritage relates to coastal land and sea ecologies, the rangelands and the plains, including salt, brackish and fresh waters.

The maintenance of Aboriginal cultural heritage values requires access and use of culturally significant places for the purposes of hunting, gathering, fishing and camping; protecting and preserving sites; practising cultural activities and undertaking customary practises.

The implementation of the Eden Land and Sea Country plan should be open and transparent.

One way to ensure a diverse range of Aboriginal community members participate in decision-making processes and are aware of opportunities that arise from the plan is to undertake open and transparent processes including a broad communication; perhaps a regular newsletter or a segment on the local radio. The implementation of the Eden Land and Sea Country Plan should involve people with traditional, as well as historical and contemporary connections to the area, including an equitable representation of males, female, youth, the middle aged and elders. If community participation in decisions concerning the plan [eg who gets work] are broad, people with cultural connections to the planning area who reside elsewhere or are not networked to key governing organizations, will also be made aware of opportunities arising from the plan.

Addendum to Eden Land and Sea Country Plan 3