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Aboriginal
Land Rights Issues and their relationship to National Park
Dedication and Management and the Conservation of Natural
Values within NSW
Policy
No 21 May 2000
GENERAL
POLICY POSITION
NPA recognises
- That Aboriginal
people are the original inhabitants of Australia and, therefore,
the doctrine of Terra Nullius is a legal fiction,
- That Aboriginal
people never voluntarily relinquished their sovereignty over Australia,
- That as a
result, Aboriginal people should be compensated on fair and just
terms, including the return of land,
- That Aboriginal
peoples, as mentioned in this policy, refers to all Aboriginal
people in NSW today,
- That NPA
members and Aboriginal people share a love of and respect for
our land and environment and a determination to care for it;
- That we believe
this can be facilitated by close cooperation between the Aboriginal
community and the conservation movement.
- That NPA
should take all opportunities to communicate with Aboriginal people
so as to build understanding, and maximise opportunities for positive
conservation outcomes.
In
relation to land ownership
- NPA recognises
Aboriginal ownership and joint management of appropriate (defined
in terms of Schedule 14 of the Aboriginal Ownership provisions
of the NP&W Act owing to their cultural significance)
national parks, marine parks, wilderness areas and other conservation
reserves throughout NSW.
- NPA believes
that such lands should be held under inalienable community-freehold
title.
In relation
to land management
- NPA believes
that all lands of high conservation value should be managed sustainably,
so that the full ecological values are retained for the present
and following generations.
- NPA believes
that all lands of high conservation value should be maintained
and managed according to the standards established by the World
Conservation Union and that the categories established by the
IUCN should be reflected in management plans for such lands.
- NPA supports
the right of Aboriginal communities to pursue traditional hunting
and fishing activities and to practice cultural beliefs, subject
always to the overriding responsibility to assure public safety
and enjoyment and conserve and maintain the full range of species,
biodiversity and diverse natural habitats; and
- NPA supports
the right of Aboriginal people to have an interest in the control
and care of Aboriginal items and places of cultural and spiritual
significance.
[The general
policy below outlines NPA s support for Aboriginal land rights
within NSW. We hope and trust that there will be little or no conflict
between the goals and aspirations of Aboriginal people and conservation
requirements within this State. There are areas where NPA considers
that ownership and management conditions require stating explicitly
to avoid any misunderstandings. Further, we feel that NSW Government
legislation requires amendment to correct current defects in relation
to the land claims process under the NSW Aboriginal Land Rights
Act (1983) and certain aspects of the Aboriginal Ownership provisions
of the National Parks and Wildlife Act (1974). Finally, as with
many policy documents and position statements (such as NPA s constitution),
specific policies are required in case problems and conflicts do
occur.]
SPECIFIC
POLICIES
Policy
on land claims made under the NSW Aboriginal Land Rights Act (1983)
(ALR Act)
Background
NPA considers
that the conflict between the NPA and the National Parks and Wildlife
Service (NPWS) on the one hand and Aboriginal land councils on
the other, over claims for much of the remaining vacant Crown
land of high nature conservation value within NSW to be most unfortunate.
Almost invariably,
these lands have low economic value, as they constitute the remnants
following more than 200 years of continuous and systematic disposal
of lands by successive Governors and State governments. However,
despite their low economic value, they often have very important
scenic and nature conservation values, and as such would make
extremely valuable additions to the National Parks estate.
The initial
intent of the ALR Act was that granted lands have inalienable
community-freehold title. This was amended in 1990, so that granted
lands (both before and after this time point) have fee simple
freehold title - meaning that these lands can be bought and sold.
Due to high land capability constraints, and the need to pay council
rates and government charges, local land councils may feel pressure
to sell these lands so as to provide better opportunities for
economic return for their people. In the process, granted land
becomes subject to likely development for rural / residential
subdivision and industrial uses (two of the many possible uses).
The proposed sale (1999) of the Terrey Hills lands by the Metropolitan
Local Aboriginal Land Council is an example of this process.
NPA s preferred
position is that these lands of high conservation value should
remain in public ownership and be dedicated as conservation reserves.
However, NPA believes there are ways to fulfill both Aboriginal
and conservation needs in relation to this issue.
Firstly,
for lands of high conservation value granted
to date, NPA believes:
- That in
common with other land of high conservation value, these lands
should be zoned for environmental protection.
- That these
lands should be given priority by the NPWS for voluntary conservation
agreements or National Park dedication under the Aboriginal
Ownership provisions of the NP&W Act. As part of such agreements,
these lands should be exempt from all government rates and charges.
- That any
development proposals for these lands should be addressed via
the development application process and the provisions of the
EP&A Act.
- That if
any local land council decides to sell granted lands of high
conservation value, the State Government should purchase
them so that they can be added to the National Parks estate.
- That the
expired land tax provision of the ALR Act should be reinstated
to specifically provide a funding source for acquiring granted
lands of high nature conservation value no longer required by
Aboriginal communities.
Secondly,
for lands of high nature conservation value currently under claim
or liable to claim in the future, NPA believes:
- That the
expired land tax provision of the ALR Act be reinstated to specifically
provide an alternative to Aboriginal communities to claimed
lands that are required for nature conservation purposes.
- That if
Aboriginal groups have a desire to care for and manage lands
of high conservation value claimed and granted under the ALR
Act, then this should be formalised under either the Aboriginal
Ownership provisions of the NP&W Act or voluntary conservation
agreements arranged with the NPWS. These lands should then be
exempt from all government rates and charges.
- That NSW
ALR Act be amended so that lands of high conservation value
granted under this act have inalienable community-freehold title.
Policy on
ownership issues related to Aboriginal-owned National Parks
As indicated
above NPA supports the spirit of Aboriginal ownership and management
of appropriate (defined in terms of Schedule 14 of the Aboriginal
Ownership provisions of the NP&W Act owing to their cultural
significance) national parks, marine parks, wilderness areas
and other conservation reserves throughout NSW. NPA supports the
spirit of the Aboriginal Ownership provisions of the NP&W
Act but considers the provisions require amendment to ensure the
security and conservation of lands of this category dedicated
under the NP&W Act.
NPA believes
that long-term protection of Aboriginal owned National Parks can
not be assured under the current provisions. In particular, NPA
is concerned that if renewal negotiations between the relevant
Aboriginal group and the NPWS fail at the end of a lease period
and legal action ensues, the status of National Park could be
removed.
Due to the
uncertainty of security of tenure, NPA believes that the Aboriginal
Ownership provisions of the NP&W Act should be amended so
that the lease back is in perpetuity, but that lease conditions
are reviewed on a regular basis (e.g. every five years, as in
the Mutawintji model).
[NPA has
legal advice that permanent tenure as National Park is uncertain
under the current provisions.]
NPA believes
that the Aboriginal Ownership provisions of the NP&W Act
should be amended so that any new areas nominated for Aboriginal
ownership, should meet a minimum set of agreed criteria for
cultural significance, and that the NPA should be involved in
the establishment of these criteria.
[At present,
if a new area becomes an Aboriginal-owned park, it is automatically
included on Schedule 14 and becomes a benchmark park. This includes
National Parks created as a result of negotiations under the ALR
Act, where no traditional links are required. In keeping with
original spirit of Aboriginal Ownership proposals, Schedule 14
should be limited to National Park estate lands where traditional
links make Aboriginal ownership and management relevant and meaningful.]
NPA believes
that a notification process should be put in place so that NPA
and other conservation groups are made aware of any parks proposed
for Aboriginal ownership.
NPA believes
that the provision that allows altering the status of a National
Park or nature reserve to a State Recreation Area or a less
secure tenure be deleted from the Aboriginal Ownership provisions
of NP&W Act.
NPA considers
that the Resource and Conservation Assessment Council (RACAC)
process is an inappropriate one for establishing Aboriginal
ownership of National Parks. As the Aboriginal Ownership provisions
of the NP&W Act were specifically designed to address this
issue, NPA supports only this mechanism for determining Aboriginal
ownership claims.
Policy on
funding Aboriginal-owned National Parks
NPA considers
that the mechanism for funding for Aboriginal owned National Parks
could be improved. Currently, the rental for these parks is determined
from adjacent land values. This is likely to be a sub-optimal
and inequitable means of funding parks (i.e. parks throughout
NSW are situated among lands of vastly different real estate value).
NPA therefore
believes that management funding for each park should be based
on a formula that takes into account the size, and management
issues of each park. Further, any additional funding for community
development projects, should be clearly identifiable and not come
from the NPWS budget (but from a reconciliation budget), as this
could adversely affect funding other parks and activities of the
NPWS.
Policy on
Membership of Boards of Management of Aboriginal Owned National
Parks
NPA believes
that a statutory position should be provided for a jointly agreed
NPA/NCC member for each Board of Management.
Policy on
Hunting and Gathering by Aboriginal people in National Parks
As indicated
in the above general policy statement, NPA supports the right
of Aboriginal owners to pursue traditional hunting, fishing and
gathering activities, subject always to the overriding responsibility
to ensure public safety and enjoyment and conserve and maintain
the full range and abundance of species, biodiversity and diverse
natural habitats.
NPA also
has a strong commitment to gun and other weapon control, and believes
that the carrying and use of weapons in public places by members
of the public should be restricted as far as possible.
NPA therefore
believes:
- That where
hunting and gathering by traditional Aboriginal owners
occurs in National Parks, the take should not be bigger than
what could be obtained using traditional (pre-European contact)
means.
- Any vehicular
use for hunting and gathering purposes within National Parks
must be outside of wilderness areas and confined to public roads
and management trails.
- Hunting
and gathering only be allowed where there is no conflict with
other park users.
- That hunting
and gathering provisions, including monitoring, be clearly
delineated within National Park Plans of Management, and where
possible facilitate other park management goals, ie control
of pest and over-abundant species
Given the
above, NPA believes that hunting would be an appropriate activity
in only a minority of the National Parks within NSW and these
should be identified through the Plan of Management for each park.
Policy on
vehicle use within wilderness areas
NPA believes
that management trails within wilderness areas should be closed
and revegetated. There should be no provision for Aboriginal or
non-Aboriginal people to use vehicles within wilderness areas.
Accommodation
NPA believes
that permanent accommodation within National Parks by Aboriginal
and non-Aboriginal people should be restricted to park managers
(i.e. housing for NPWS staff). In isolated parks in the Western
Division, accommodation could also be provided for traditional
owners for visits to the park. Accommodation should not be provided
in wilderness areas.
Community
Development
The Aboriginal
Ownership provisions of the NP&W Act currently state that
all rent payable to the Aboriginal owners of a National Park leased
back to the Crown must be spent on management of the park. However,
community development projects permissible under this framework
are poorly defined, and it is possible they could conflict with
nature conservation objectives. This condition (that rent paid
by the Crown to the Aboriginal owners must be spent on park management)
also seems overly restrictive in terms of Aboriginal economic
and community development aspirations.
NPA believes
that the community development element of the Aboriginal Ownership
provisions of the NP&W Act should be altered to allow for
community development outside National Parks (and any high conservation
lands that are potential Park additions including those formally
proposed by NPA), instead of within them. As indicated above,
funding for community development projects should be clearly identifiable
and come from a reconciliation budget and not from the NPWS budget.
Policy on
Native Title.
NPA recognises
Native Title rights. The extent that they remain or have been
extinguished within NSW, however, remains unresolved at this stage.
It is likely that the issues will only be crystallised via court
case determinations.
Policy on
collaborative projects with Aboriginal groups.
NPA strongly
supports proposals to work with Aboriginal people with regard
to conservation projects. In particular, NPA should actively support
projects to generate additional funds to acquire lands of nature
conservation and heritage value in NSW to complement the core
reserve system of National parks and nature reserves. Liaison
with the NSW Aboriginal Lands Council, the Indigenous Land Corporation
and other conservation groups should be undertaken in relation
to such projects.
Policy on
improving dialogue and collaboration with relevant Aboriginal groups.
In the past
NPA has had only intermittent communication with Aboriginal people
and groups. Further, this has often occurred only in times of
political urgency and pressure. To enhance understanding and collaboration
a much greater level of communication is required.
To
address this, NPA should seek regular meetings with Aboriginal
groups. This should happen at all levels, i.e. both State Council
and branches with respect to NPA, and local and State land councils
as well as traditional owners with respect to Aboriginal groups.
[
Adopted May 2000 ]
We
welcome your comment on our policies.
If you feel that there is a subject concerning national parks, nature
conservation or compatible recreation and education that would benefit
from a formulated policy please
.
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