SPEECHES
A Vision for Aboriginal-Owned National Parks
National Parks:
New Visions for A New Century Conference
18 - 19 July, 1997
Paper Presented by
Aden Ridgeway
Executive Director NSW Aboriginal Land Council
In introduction to my discussion of Aboriginal ownership of national
parks, I would like to refer briefly to the context in which amendments
were made to the National Parks and Wildlife Act in December 1996,
creating the National Parks and Wildlife (Aboriginal Ownership) Act
1996.
This legislation has been a long time coming in NSW. It was first
introduced to the NSW Parliament in 1991 by the then Minister for
the Environment, the Hon. Tim Moore MP, then reintroduced with amendments
in 1994, and again introduced in its current form by the Minister
for the Environment, the Hon. Pam Allen late last year.
Despite its long life as a Bill, the Aboriginal Ownership Act was
debated by Parliament on 5 December 1996 and passed that same day
without a vote or a voice in opposition. The fact that the Government,
the Opposition, the minor Parties, and the Independents unanimously
supported the passage of this legislation is testament to the strength
of community support for Aboriginal ownership of national parks in
NSW.
For Aboriginal peoples, it was recognition of the fact that the
NSW Government, as the representative of the people of NSW, wants
to stop talking about how to progress the reconciliation process in
this State, and actually start delivering on some of its commitments.
For Aboriginal peoples this new Act is a very important, historical
development. It is the first time that any piece of legislation in
NSW has recognised our law and custom, and our traditional ownership
of lands.
For many older Aboriginal peoples who have a direct interest in
the 5 national parks that were listed under the Bill for return to
their traditional owners, the passing of this legislation was of great
significance. For them it meant recognition of their traditional ties
to land - to have their lands returned to them before they die is
a deeply emotional issue, for both them and their families.
The passing of this legislation also has a broader importance for
all Aboriginal peoples in NSW. Rather than being managed as a part
of the fauna and flora of NSW under the National Parks and Wildlife
Act, Aboriginal peoples are now recognised as the most appropriate
people to manage and protect their heritage.
This is something the Aboriginal peoples of NSW have never ceased
to believe - even when there wasn't a legal statute in NSW that provided
that we should have a say in our own cultural heritage.
The Act also recognises that Aboriginal culture is living, evolving,
and unique. Our culture is an integral component of the heritage,
history and identity of NSW. Allowing Aboriginal peoples to protect
and manage those lands that are of cultural significance to us is
vital to the survival of Aboriginal cultures in this State.
What the Act does not do is alter the existing guarantee of access
and use of national parks and reserves by all people. The only effective
change brought about by the Act is to the management arrangements
for these areas, and the Act puts in place a number of safeguards
to ensure that any new management regime that is implemented in a
national park is consistent with the provisions of the National Parks
and Wildlife Act.
I would like to outline what some of the safeguards in the Act are,
and how they will operate.
Only national parks and reserves that are of cultural significance
to Aboriginal peoples will be able to be returned to their traditional
owners. The Act provides that a rigorous and comprehensive assessment
of the Aboriginal cultural significance of the park or reserve must
be carried out by the Director-General of the National Parks and Wildlife
Service. The Minister for the Environment, after reviewing the Director-General's
report, will determine whether the lands concerned are of cultural
significance to Aboriginal peoples and if so, whether the Minister
for the Environment should recommend to the Governor that the park
or reserve be listed as an Aboriginal owned national park. An Act
of Parliament is required to list the lands concerned, and only lands
that are of equal Aboriginal cultural significance to those already
listed under the Act can be returned to their traditional owners.
The concept of joint management is central to the Aboriginal ownership
amendments to the National Parks and Wildlife Act. Joint management
will be established for parks and reserves listed on schedule 14 of
the Act through the appointment of Boards of Management, and it is
in these Boards that the responsibility for the care, control and
management of these areas is vested. The Boards of Management must
exercise their responsibilities in accordance with the provisions
of the National Parks and Wildlife Act, together with firstly, the
terms of the lease entered into between the Minister for the Environment
and the Aboriginal Land Council; and secondly, the Plan of Management
for the park or reserve.
Each Board of Management will be made up of 11 to 13 members, the
majority of whom are traditional Aboriginal owners. There will also
be one representative of the Local Aboriginal Land Council, a local
conservation group, local government, and from adjoining land holders.
The Board of Management is responsible for determining precisely how
the park will be managed, and to this end, will develop a Plan of
Management. People on the Boards are there to represent their community,
and it is through the Board that the broader community can also have
a say in how the area is managed.
The Minister for the Environment is required to pay rent to a fund,
which is supervised by the Board of Management for the lands that
are subject to the lease-back arrangements under the Act. This payment
of rent is compensation for the Aboriginal peoples for the loss of
their full enjoyment of the land. Funds can only be used for purposes
directly associated with the management of the park or reserve, and
the amount of rent to be paid will vary from park to park.
Once the park or reserve is handed back to its traditional owners,
it will be leased back to the National Parks and Wildlife Service.
This ensures that the direct operational responsibility for the management
of the land continues to rest with the Service. In this sense, the
Aboriginal ownership amendments to the NPW Act are designed to create
a partnership between the traditional owners of national parks or
reserves and the National Parks and Wildlife Service. There are a
number of very successful models for joint management arrangements
between traditional Aboriginal owners and National Parks and Wildlife
Services in other States and Territories - the examples of Uluru and
Kakadu National Parks being perhaps the most well known.
One of the terms of the lease agreement is the exercise of hunting
and gathering rights for domestic, ceremonial and religious purposes
to be permitted. The Aboriginal ownership amendments allow for Aboriginal
owners and any Aboriginal person with the consent of the owners to
hunt and gather on those lands which have been returned to Aboriginal
ownership. However, this will only be able to occur when these rights
are exercised in accordance with (i) the provisions of the NPW Act;
(ii) the Plan of Management for the area; and (iii) with the agreement
of the Aboriginal traditional owners and the Board of Management for
the area.
This means that animals or plants listed on schedules 12 and 13
of the NPW Act as threatened species, or an animal or plant which
is deemed to be protected by the Plan of Management for the park or
reserve, cannot be hunted or collected by anyone.
Some of the other important conditions of the lease agreement include:
- that the lands cannot be sold or mortgaged;
- land title is transferred to the Aboriginal Land Council on behalf
of the traditional owners;
- public right of access, use and enjoyment is guaranteed, subject
only to the provisions of the Plan of Management;
- the lease agreement with National Parks and Wildlife Service
is valid for 30 years with renewal, periodic reviews and replacement
provisions;
- the parties to the lease agreement must meet at least once every
5 years to discuss whether any conditions of the lease should be
altered, whether the Management Plan should be reviewed; and whether
any amendments to the Act are necessary.
Finally, the Aboriginal ownership amendments allows the Director-General
to transfer the ownership of "relics" (which under the NPW Act, are
the property of the Crown) to the Aboriginal owners who are entitled
and willing to accept possession of them, in accordance with Aboriginal
tradition. Aboriginal owners to whom the "relics" are returned are entitled
to deal with them in accordance with Aboriginal tradition.
Conclusion
These are obviously just some of the key provisions of what is a
detailed Act. There are many aspects which time does not allow me
outline for you today, but I would welcome any questions you have
in relation to the Act, and Aboriginal ownership of national parks
generally.
Whilst the legislation is a step towards the recognition of the
tragedies and sufferings of Aboriginal peoples in NSW, it can only
be described as a minimalist response to our dispossession in cultural,
territorial, land and personal terms.
The revelations in relation to the Stolen Generations Report are
a tragic symbol of the broader racist policies that have dominated
relations between Aboriginal and non-Aboriginal Australians, and continue
to have a ripple-down effect on current generations. However, legislation
such as this is only the first step in the right direction. The reality
remains that the legislation does not in any way, address the fundamental
issues which continue to result in the subjugation of Aboriginal peoples.
I must stress that it is a compromised, political outcome.
Before closing, I would also like to thank the Nature Conservation
Council for inviting me, on behalf of the NSW Aboriginal Land Council,
to present this paper to you today.
I hope this is the beginning of on-going and productive dialogue
between NSW environment organisations and the State Land Council.
Thank you.
Top
Return to Aden Ridgeway's main page
