3

Regional planning, co-ordination and development.

Premier’s Regional Co-ordination process.

Murdi Paaki Regional Council

Regional planning process that gives respect, weight and recognition to Aboriginal interests. Acknowledgement of the ability of Aboriginal communities to become part of the solution by participating as respected equals.

Focus on Aboriginal culture as an asset. Aboriginal “spirit of place” approaches a competitive advantage for the West.

Western Division communities develop their own collaborative regional plans, with Koories as respected partners in charge of their own parts of the business (cultural tourism, native plant nurseries, replanting businesses etc.).

Recognition of customary law within NSW, through  sui generis (ie based on Aboriginal customs and laws) instead of imposition of culturally inappropriate institutional arrangements.

Supported by education, training, business mentoring as part of strategies prepared by regional community, agency and stakeholder groups.

A

Ag/P: +3. Key is regional level

C: +5

M: +3. Mechanisms and ‘representativeness’ important

T:  Mainly support this approach. Query whether there are any traditional Aboriginal people left in NSW, and question the “artificial manufacture” of Aboriginal culture. More attention to archival research and learning about real traditions will be more beneficial to Aboriginal people. An understanding of how Aboriginal people regard family cohesiveness and work ethics, and changing Western family and work ethics to accommodate differences, is a first step.

Aboriginal representation should be increased  on Catchment Management Boards, Local Government, Water Management Committees, Regional Vegetation Committees,  the Western Lands Advisory Board. (I)

Link Murdi Paaki Regional Plan to:  Catchment Management Plans; Local Environmental Plans;  DLWC Floodplain Management Plans and non-statutory regional strategies, land and water management plans; Regional Vegetation Plans. (M).

Lobby NSW and Federal politicians for legal changes (M).

Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, Local Land Councils, conservation groups, Minerals Council, tourism industry.

4

Resolution of conflict between Aboriginal people and other stakeholders.

Consultation processes established for development approvals.

NTA processes available, including Indigenous Land Use Agreements.

South Brigalow Belt Forest Assessment an example (RACAC).

Appropriate Aboriginal representation on advisory committees to CMBs, Western Lands Advisory Board, etc. Representatives should have connection to the land or water resources in question.

See also row 9.

A

Ag/P: +3

C: +5. Improve processes to ensure consultation is appropriate and well resourced.

M: +2

T: Support, provided they are in fact representative. Aboriginal people already invited to attend advisory committees, but rarely do. The process needs to be improved to encourage their participation.

Aboriginal representation should be increased  on Catchment Management Boards, Local Government, Water Management Committees, Regional Vegetation Committees,  the Western Lands Advisory Board. (I)

Aboriginal elders, Murdi Paaki and Binaal Billa Regional Councils, Local Land Councils.

5

Resolution of conflicts between Aboriginal claimants arising from differences between the Native Title Act, and Aboriginal Land Rights Act.

The NTA accepts the existence of  native title where it has not been extinguished. Claimants must demonstrate connection to the land claimed. Legitimate claims can be made under ALRA by people who may not have proven connections to country. Hence conflicts between Aboriginal claimants. Resolution mechanisms include case law, mediation by ALRA Registrar, Indigenous Land Use Agreements.

Government address the conflicts created by the ALRA and NTA

Resourced and strategic approach to Indigenous Land Use Agreements and genuine Government commitment.

A

Ag/P: mostly supportive, with one view favouring resolution in courts.

C: +5. Commitment by Government to be shown via facilitation

M: +3. Negotiations simplified and clarified.

T: Resolution through Indigenous Land Use Agreements should be encouraged. Current claims should be substantiated by the  NT Tribunal through archive searches.

Lobby NSW and Federal politicians for legal changes (M).

Develop a regional strategy for ILUAs (I)

Aboriginal elders, Murdi Paaki and Binaal Billa Regional Councils, Local Land Councils, Council for Reconciliation??.

 DLWC , Premiers Department would be appropriate champions. Coordination through Cabinet Office (NSW)

6

Resolution of conflicts between Aboriginal claimants arising from differences between the Native Title Act, and Aboriginal Land Rights Act.

As above

Abolition of credible evidence test. Matching evidence required for rights being asserted, OR a staged evidence test. Starting point should be “Native Title exists”, not  “you have to make your case” before we recognise and protect NT rights and interests.

A

Ag/P: Modified credible evidence test. 0:   + or – depending on situation.

C: 5+

M: 0. Times change, so should the tests.

Lobby NSW and Federal politicians for legal changes (M).

Aboriginal elders, Murdi Paaki and Binaal Billa Regional Councils, Local Land Councils.

7

Resolution of conflicts among Aboriginal people with connections to country about over-lapping land claims.

Recognition of tribes and their association with particular parts of the W Division. Aboriginal-lead research to clarify ‘boundaries” and overlaps. Establish a process for negotiating agreements among Aboriginal people about “boundaries” in particular cases. Example of DAA co-ordination of negotiations over Wellington Common?

R

T: Do not support. There are very accurate archival records from 1800s that define clan and tribal boundaries. Some descendants are relearning their culture form this source.  One successful NT claim was supported in this way. There are too many self interested “stakeholders”  to allow this mechanism to work. Traditionally there was no overlapping of boundaries (this is not correct  – NA).

Initiate Aboriginal research on tribal areas (I)

Establish inter-tribal negotiating process (I)

Aboriginal elders, Murdi Paaki and Binaal Billa Regional Councils, Local Land Councils, Department of Aboriginal Affairs, Minerals Council of NSW. Aboriginal and Torres Strait Islander Commission and the minerals industry  might fund the research. 

8

Resolution of conflicts among Aboriginal people with connections to country about over-lapping land claims.

Partnerships for development between Land Councils and others. Indigenous Land Use Agreements.

Promote and extend these mechanisms.

A

T: support. Resolution of the needs of all stakeholders can only come about through Indigenous Land Use Agreements.

See row 7.

See row 7.

9

Resolution of doubt about extinguishment of native title by pastoral leases.

Consideration of cases lease-by-lease under common law e g Federal court decision in Anderson v Wilson.

Change to a consideration of categories of case, based on specific lease conditions for example, to make resolution quicker and more consistent. Use Indigenous Land Use Agreements  to achieve co-management and co-existing rights.

R

Ag/P: +1. Categories of case.  +2 ILUAs. –1 for co-management. Resolution of NT is essential, but the case-by-case approach is not practical. However, ILUAs could proceed case-by-case.

C: +5. Support in principle subject to ILUAs and involvement of conservationists at regional level.

M: +2. Lower costs, and more definition

T: support categories of case and ILUAs. Do not support co-management.

Increase understanding of ILUAs among pastoralist representative groups using the Australian Local Government Association “Working With Native Title”  manuals. (I)

Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, Local Land Councils, Premier’s Regional Coordination Program, Council for Aboriginal Reconciliation, Australians for Native Title and Reconciliation, Australians for Native Title.

10

Wider knowledge of potential for Aboriginal ownership and control of, and access to land.

Premier’s Regional Coordination Program promotes Regional Agreement approaches.

South Brigalow Belt Forest Assessment an example (RACAC).

Murdi Paaki Regional Council and Land Councils disseminate information and offer guidance on the processes to follow. Need to target agencies. Regional communities should make joint approaches to the Indigenous Land Corporation. Needs funding.

R

C: +3.  Support better communication between indigenous communities and other relevant parties, but it must be resourced.

M: +2. A bit “parent-hoodish”.

T: Aim should be promoted through regional forums. Many Aboriginal people have little trust in Aboriginal Land Councils, ATSIC and other Western institutions.

Establish a communication program for indigenous communities on ways of increasing Aboriginal ownership and control of land (M).

Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, Local Land Councils, Premier’s Regional Coordination Program, Council for Aboriginal Reconciliation, Australians for Native Title and Reconciliation, Australians for Native Title.

12

Aboriginal control over selected sites of high spiritual or ceremonial importance.

Purchase of leases.

More use of the NSW Aboriginal Land Fund. Around $500 million is thought to have accumulated (the levy on land tax which funded this accumulation has now ended).

R

A: self determination as the cornerstone of all Aboriginal rights. NSW to embark on a process of decolonisation.

Ag/P: one view is that this money should be spent on land acquisition.

T: supported. Potential benefits to tourism from cultural heritage.

Develop a Western Division land purchasing strategy for the NSW Land Fund (I).

Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, Department of Aboriginal Affairs, NSW Land Council, Local Land Councils. West 2000 Plus a potential ally (Agriculture table: row 45)

13

Aboriginal control over selected sites of high spiritual or ceremonial importance.

Purchase of leases. The Indigenous Land Corporation is believed to have purchased about 50.000 ha in the W Division.

Indigenous Land Corporation prepare the land purchase strategy for NSW that it is required to do under the ILC Act. More use of ILC funds to buy leases. Need to respect traditional connection to the land

A

Ag/P: 0

C: +5

M: +2. Greater definition (?) during negotiations. “No go” areas defined.

T: Leaseholders need to be involved in planning

ILC prepare the land purchase strategy for NSW that it is required to do under the ILC Act (I).

Indigenous Land Corporation, Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, NSW Land Council, Local Land Councils.

14

Aboriginal control over selected sites of high spiritual or ceremonial importance.

Joint management of National Parks by Aboriginal people and NPWS under NPW Amendment (Aboriginal Ownership) Act. Also South Brigalow Forest Assessment an example (RACAC).

Establishment of more land for conservation as part of a comprehensive reserve system.

Multiple use of reserves.

Indigenous Protected Areas should be a part of the comprehensive reserve system.

A

Ag/P: 0. Only appropriate land should go into a comprehensive reserve system. Nature of link between NPWS and indigenous people needs clarification.

C: +5.

M: +2. Multiple use is attractive. A strategic approach to determining sites would be favoured.

T: supported.

Establish a Comprehensive and Adequate Reserve System, including Aboriginal Protected Areas (M).

National Parks and Wildlife Service, conservation lobby groups, Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils.

15

Access to sites of spiritual, ceremonial or traditional subsistence value.

Indigenous Land Use Agreements (ILUAs) under the Native Title Act. Coordination through the Cabinet Office (NSW), with negotiation assistance from the Crown Solicitors Office.

Promotion of ILUAs needed.

An area agreement (a category of Indigenous Land Use Agreement) would be an efficient solution.

A

Ag/P: +1. Local and individual negotiations must occur too.

C: +5. Government to resource.

M+1. Potential for easier access and simplified arrangements.

T: supported. Involvement of all stakeholders would result in consideration of all interests.

Develop a regional strategy for ILUAs (I). See row 5. 

DLWC , Premiers Department, Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, NSW Land Council, Local Land Councils would be appropriate champions. Coordination through Cabinet Office (NSW). See row 5.

16

Access to sites of spiritual, ceremonial or traditional subsistence value.

Establishment of World Heritage Areas in addition to Willandra Lakes. South Brigalow Forest Assessment – public land only in phase 1.

Negotiation process enhanced by negative and positive experiences from Willandra Lakes.

R

T: support. Land management of WHA needs to improve.

Promote new World Heritage Area Initiatives (L)

National Parks and Wildlife Service, conservation lobby groups, Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils

17

Access to sites of spiritual, ceremonial or traditional subsistence value.

Indigenous Land Use Agreements  with individual landholders.

Where appropriate, partnerships between freeholders and leaseholders and Koorie people for minimal impact tourism.

A

T: support.

Develop a regional strategy for ILUAs (I). See row 5.

Develop a regional  strategy for Aboriginal cultural tourism (M). See row 18, row 22.

DLWC , Premiers Department, Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, NSW Land Council, Local Land Councils would be appropriate champions. Coordination through Cabinet Office (NSW). See row 5.

The two Aboriginal Regional Councils, Local Government Tourism  Officers and  NSW Tourism could champion the cultural tourism proposal.

18

Access to sites of spiritual, ceremonial or traditional subsistence value.

Indigenous Land Use Agreements that cover cultural and environmental issues, ESD, tourism etc.

A

T: support.

See row 17.

See row 17.

19

Improve or maintain general access to land and water resources.

Return of Aboriginal fishing and hunting rights to respectfully acknowledged status. More effective use of existing mechanisms (Fisheries Management Act, National Parks and Wildlife Act).  Aboriginal Land Rights Act provides for the Land and Environment Court to give or order access permits for Aboriginal people to exercise their hunting and fishing rights (not used in 16 years).

A

Ag/P: -1.

C: +4. Develop a code of practice. Refer to IUCN mission statement “all use of natural resources should be ecologically sustainable”.

M: 0. Only concerns are safety.

T: Too vague. Access has rarely been denied in the past.

Communicate to Aboriginal communities their existing legal rights of access (I).

Murdi Paaki  and Binaal Billa Regional Councils, NSW Land Council, Local Land Councils.

20

Improve or maintain general access to land and water resources.

Access arrangements need to be negotiated at local or regional scale.

Adopt South Australian access arrangements on leasehold land: a person is allowed to walk and camp temporarily provided they give notice to the lessee; a person may travel by vehicle and camp temporarily subject to consent of the lessee or the Minister; a person may not camp within 1 km of a dwelling nor 0.5 km of a dam.

Legislation may need changing to give leaseholder immunity from liability in the event of an accident to the visitor .

R

Ag/P: reject the SA model. Negotiation of access at local or regional level is favoured (+1).

C: +5. Subject to sustainability. Develop a code of practice.

M: 0

T: This is not just a SA model, it is universal. It should not be restricted to Aboriginal people.

Develop a regional strategy for ILUAs (I). See row 5, row 15.

Promote changes to access arrangements on leasehold land  that take account of leaseholder liability (I).

See row 5, row 15.

Premiers Department, Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, NSW Land Council, Local Land Councils, Local Government tourism officers and NSW Tourism.

21

Improve or maintain general access to land and water resources.

Maintain access along water courses (Fisheries Management Act).

Tracks to rivers may need to be established by Shire Councils – they may need to do this as part of their tourism development program.

A

T: supported, but it should include the general public.

See row 20.

See row 20.

22

Improve or maintain general access to land and water resources.

Development of Aboriginal cultural trails around the West, requiring cooperation and coordination among Aboriginal communities, landholders, Shires and agencies.

A

T: supported. Interpretation is essential.

Develop a regional  strategy for Aboriginal cultural tourism (M). See row 17, row 18.

The two Aboriginal Regional Councils, Local Government Tourism  Officers and  NSW Tourism.

23

Improve or maintain general access to land and water resources.

Maintain access on Travelling Stock Routes and on TS and Camping Reserves (Rural Lands Protection Act).

Improved understanding of access rights through information provided by Land Councils and Murdi Paaki Regional Council.

A

T: supported. The information should be extended beyond just these two bodies.

Develop an information package on access (M).

Murdi Paaki  and Binaal Billa Regional Councils.

24

Improve or maintain general access to land and water resources.

If freehold is granted on agricultural leases as proposed in this document, reduce the payment the leaseholder must make in order to acquire the benefits of freehold if an Indigenous Land Use Agreement has been signed.

R

Design an incentive scheme to promote Indigenous Land Use Agreements. DLWC could develop this in connection with its broader regional ILUA strategy (row 17). (M)

DLWC

25

Improve or maintain general access to land and water resources.

Development of a new Integrated Natural Resource Management Act that includes recognition and protection of Aboriginal traditional rights and interests.

R

Design a new Integrated Natural Resource Management Act that includes recognition of Aboriginal interests.

DLWC.

26

Improve or maintain general access to land and water resources.

Allocation of a percentage of harvestable and tradable water rights to Aboriginal use.

A

Lobby NSW and Federal politicians for legal changes (M).

Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, Local Land Councils, Conservation groups.

27

Protection of Aboriginal sites on freehold or leasehold land.

National Parks and Wildlife Act; Aboriginal and Torres Strait  Islander Heritage Protection Act (Cth).

South Brigalow Forest Assessment stage 2.

More involvement in the assessment of sites by Aboriginal people with traditional links to sites. Legislative amendment to National Parks and Wildlife Act. Prior, informed consent should be required before Aboriginal cultural and intellectual property rights can be used.

Aboriginal Place Management planners in all shires.

A

Ag/P: +3.

C: +5. Promote consultation with local conservation groups.

M: +1.5.

T: supported.

Amend  NPWA  so Aboriginal  is required for development approval. (M)

Employ an Aboriginal  place management officer in each shire (M).

Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, Local Land Councils, Conservation groups.

28

Protection of Aboriginal sites on freehold or leasehold land.

Cooperative arrangements between Land Councils and landholders for access by Aboriginal people to sites for restoration and subsequent visits e g Hay.

Promote such mechanisms more widely

A

Ag/P: +1. This is happening now.

C: +5. Promote consultation with local conservation groups.

M: +1. Safety is a concern.

T: support. Already happening.

Promote informal access arrangements (I).

Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, Local Land Councils. Conservation groups, Pastoralists Association for the West Darling and individual agro-pastoralists likely to promote these proposals.

29

Protection of Aboriginal sites on freehold or leasehold land.

Parts IV and V of the EP&AA (1979).

Amend EP&AA to recognise and protect NT rights and interests consistent with the NTA 1993 (Cth).

Inclusion of Aboriginal Heritage Management agreements at property, local and regional levels.

A

A/P: -1. Concern about how this would be managed.

C: +5.

M: +1. Greater clarity achieved for the industry.

T: some support but needs clarification. An opposing view holds that the EP&AA is the wrong one to use – the Heritage Act is appropriate.

Promote changes to Environmental Planning and Assessment Act to protect Aboriginal heritage.

Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, Local Land Councils. Conservation groups likely to support these proposals.

30

Development of sustainable cultural practices linked to ESD and economic survival.

Purchase of pastoral or agricultural leases for production purposes. South Brigalow Forest Assessment an example (RACAC).

Use the NSW Land Fund. Around $500 million is thought to have accumulated.

R

T: support. Lease purchase should be a normal rural  transaction regardless of source of funds.

See row 12, row 13.

See row 12, row 13.

31

Development of sustainable cultural practices linked to ESD and economic survival..

Purchase of pastoral or agricultural leases for production purposes by ILF (ILC).

Look for collaborative opportunities such as ILC land purchases leading to Voluntary Conservation agreements,  tourism etc in multiple land use ventures. Joint approaches to ILC from regional communities.

A

Ag/P: 0

C: +5.

M: +2. Simplified negotiations.

T: support.

See row 13, row 17.

See row 13, row 17.

32

Development of sustainable cultural practices linked to ESD and economic survival.

Aboriginal cultural tourism businesses. Aboriginal advice on resource management e.g. South Brigalow Forest Assessment –advice sought on harvesting.

Aboriginal businesses practising environmental restoration, cultural tourism, tendering for “caring for country” programs to shires.

A

Ag/P: +1.

C: +5. Support more access to Green Corps, Work for the Dole etc.

M: +2. Tap into local knowledge and experience.

T: support

See row 13, row 17, row 31

See row 13, row 17, row 31

33

Education and training supporting Aboriginal people in cultural activities and land use.

ARRI is an example.

Certificate course in Aboriginal cultural management.

Courses in cultural tourism, environmental restoration, and place management.

Cultural development ownership and management.

Sustainability through Aboriginal eco-cultural tourism .

A

Ag/P: +2.

C: +5.

M: +2. Industry able to access better informed and educated workers.

T: support. Benefits to tourism. Courses already available through TAFE in SA. Tour Guides course at Pt Augusta is Nationally accredited.

Develop an education program  to support Aboriginal cultural tourism (L).

Aboriginal elders, Murdi Paaki  and Binaal Billa Regional Councils, NSW Land Council, Local Land Councils, ATSIC, National Indigenous Arts Advocacy Council.