National Heritage assessment of the Murray Island Group, Queensland The National Heritage List recognises, celebrates and protects places that are of outstanding heritage value to the nation for their natural, Indigenous and/or historic heritage values. The Australian Heritage Council (Council) is assessing the Murray Island Group in the Torres Strait in Queensland for potential inclusion in the National Heritage List. The Council thinks it is likely that the Native Title areas of Mer, Dauar and Waier Islands have national heritage values. What would National Heritage Listing mean? National heritage listing does not affect Native Title rights, change land tenure, access or ownership. Activities such as fishing, collecting shells, using fish traps, hunting, collecting food, gardening and visiting culturally significant sites, will not be impacted by national heritage listing. If the Minister includes the Murray Island Group on the National Heritage List, the values will be protected. Approval under the EPBC Act is required for any action that has, will have, or is likely to have a significant impact on the National Heritage values of a listed place. Information on significant impacts is available at: http://www.environment.gov.au/epbc/publications/significant-impact-guidelines-11-matters- national-environmental-significance. Summary of draft assessment for National Heritage values The Native Title area of Mer Island is likely to have outstanding heritage value to the nation for its association with the birth place of Native Title in Australia. The success of the Meriam People's High Court case fundamentally altered the legal, political and social relations between Australia's First People and their fellow Australians. It overturned terra nullius, recognising the prior occupation of Aboriginal and Torres Strait Islander people in Australia. The place is also associated with Eddie Mabo, Father David Passi and James Rice, whose roles led to the ultimate success of the High Court case. The Meriam People’s Malo traditions associated with the Mer, Dauar and Waier Native Title areas, are also recognised and continue to link the three islands as one place. Proposed values under National Heritage List criteria There are nine National Heritage List criteria (a-i). The full list of criteria is available on the Department of the Environment and Energy website at: http://www.environment.gov.au/heritage/about/national/national-heritage-list-criteria. Council has proposed that the Murray Island Group might have National Heritage values under criteria (a), (g), (h), and (i), as described below. (a) The place has outstanding heritage value to the nation because of the place's importance in the course, or pattern, of Australia's natural or cultural history. The Native Title area of Mer Island is likely to have outstanding heritage value to the nation for its association with the birth place of Native Title in Australia. In 1992 the High Court of Australia acknowledged that the Meriam People's Native Title rights pre-dated the sovereignty of the British Crown. The determination (the Mabo decision) was a major step in the long fight for equality, non-discrimination and land rights for Aboriginal and Torres Strait Islander peoples. The High Court overturned the concept of terra nullius (meaning land belonging to no one) and confirmed Indigenous peoples’ prior occupation of Australia. The Mabo decision fundamentally altered the legal, political and social relations between Australia's First People and the broader Australian community: with greater recognition and further declarations of Native Title for Aboriginal and Torres Strait Islander groups being determined in the ensuing decades. (g) The place has outstanding heritage value to the nation because of the place's strong or special association with a particular community or cultural group for social, cultural or spiritual reasons. The Native Title area of Mer Island is likely to be of outstanding heritage value because of its strong and special association especially for Indigenous Australians (and the broader Australian community) as the birth place of Native Title in Australia, and where these aspirations for historical land recognition and confirmation of prior occupation were achieved. The first successful Native Title determination in Australia (the Mabo decision) was a turning point in Australian history. It recognised the Meriam People and more broadly, Indigenous Australians' traditional Native Title rights and interests under Australian common law. (h) The place has outstanding heritage value to the nation because of the place's special association with the life or works of a person, or group of persons, of importance in Australia's natural or cultural history. The Native Title area of Mer Island is associated with three plaintiffs for the Meriam Island legal case: Eddie Mabo, Father David Passi and James Rice, whose roles in the ultimate success of the first Native Title determination, is likely to be nationally significant. This case was the first Native Title determination in the national recognition of pre-existing Aboriginal and Torres Strait Islander rights and interests in land. (i) The place has outstanding heritage value to the nation because of the place's importance as part of Indigenous tradition. The Malo stories and associated belief systems discussed and debated at length in the Queensland Supreme and the High Court of Australia, form a large part of the body of evidence for the claims and counter claims for the Meriam People's Native Title case. This evidence referred to as the ‘Mabo Case Manuscripts’ is publically available, and were inscribed on the UNESCO International Memory of the World Register in 2001. The Meriam People's Malo traditions associated with Mer, Dauar and Waier Islands’ Native Title boundaries, are likely to be of national significance to Australia. From a Meriam Islander perspective, Mer, Dauar and Waier Islands are inextricably linked as one place, connected by traditions that remain relevant to Meriam Islanders today. How can I make a submission? The assessment of National Heritage values under the EPBC Act requires that all practicable steps are taken to advise owners, occupiers and Indigenous people with rights and/or interests in the place and provide the opportunity for them to comment in writing on whether 2 the place should be considered for inclusion in the National Heritage List. Written submissions can be made to [email protected] until COB 5pm 30 June 2017. What is the next step? Following the close of the submission period, Council will give a report on the heritage values to the Australian Government Minister for the Environment and Energy. The Minister will decide whether to include the place in the National Heritage List, taking into account Council’s report and submissions provided through consultation. The Minister may also seek, and have regard to, information or advice from any source. Where can I get more information on the National Heritage List? Information about the National Heritage List, the assessment criteria and other places on the list can be found at: http://www.environment.gov.au/topics/heritage/heritage-places. 3 .