Management Partnerships

The long term special associations of Rainforest Aboriginal people with the land in the Wet Tropics World Heritage Area are recognised in the preambles of both State and Commonwealth legislation designed to direct management and protection of the Area. The preamble of the Wet Tropics World Heritage Protection and Management Act 1993 states:

"It is also the intention of the Parliament to acknowledge the significant contribution Aboriginal people can make to the future management of cultural and natural heritage within the Area, particularly through joint management agreements."

The Wet Tropics Management Authority also recognises the need to work with Rainforest Aboriginal people in keeping with the principles of self-determination. In the spirit of reconciliation and improved management of the Wet Tropics World Heritage Area, positive steps are being undertaken to assist Rainforest Aboriginal people to achieve their aspirations to manage the Area.

Mechanisms for achieving greater Aboriginal involvement in management are provided under legislation such as the Aboriginal Land Act (Queensland) 1991, the Native Title Act (Commonwealth) 1993, Wet Tropics Management Plan (Queensland) 1998 or where land is owned by Aboriginal peoples (e.g. DOGIT, freehold/private, etc). Mechanisms can range from information sharing and consultation arrangements between Aboriginal people and land management agencies through to joint-decision making power.

The Queensland Nature Conservation Act 1992 and the Wet Tropics World Heritage Protection and Management Act 1993 require the Environmental Protection Agency/Queensland Parks and Wildlife (QPWS) and the Wet Tropics Management Authority to perform their functions, as far as practicable, in consultation and cooperation with Rainforest Aboriginal people.

 
Which Way Our Cultural Survival - the Review of Aboriginal Involvement in the Management of the Wet Tropics World Heritage Area

Which Way Our Cultural Survival [PDF - 785kb]

Work on the Review started in 1996 and was completed in April 1998. The process was directed by an all-Aboriginal steering committee. A government reference group was set up to provide policy advice and comment on ideas coming out of the Review. Specialist consultants with expertise in a wide range of disciplines also provided technical advice.

The Review presents a commentary on current approaches to Aboriginal involvement in the Wet Tropics World Heritage Area and provides a series of recommendations regarding ways of more effectively meeting land management needs and the aspirations of Rainforest Aboriginal people.

With a focus on various tenures within the World Heritage Area which are managed by the Queensland Parks and Wildlife Service (QPWS), the Department of Natural Resources (DNR), and the Wet Tropics Management Authority, the Review identified that Rainforest Aboriginal people are very passionate about meeting their land management and religious obligations as defined under traditional law and custom.

The Wet Tropics Ministerial Council has also agreed that about one third of the 167 Review recommendations (referred to as Review Schedule 1 Recommendations) could be implemented immediately.

 
Interim Negotiating Forum

The Wet Tropics Ministerial Council agreed with a key recommendation to establish the Interim Negotiating Forum (INF), between Rainforest Aboriginal people, the Wet Tropics Management Authority(WTMA),Environment Australia (EA), Queensland Parks and Wildlife Service (QPWS)Department of Premier and Cabinet (P&C) and Department of Natural Resources and Mines (DNRM) to negotiate solutions to difficult management issues identified in the Review (referred to as Schedule 2 Recommendations).

The INF is seen as the starting point to a regional agreement between management agencies and Rainforest Aboriginal people. The key issues to be discussed within the INF are:

• recognition of the cultural values of the World Heritage Area;
• native title and World Heritage management;
• Aboriginal involvement in policy, planning, and management;
• the development of meaningful management agreements; and
• traditional resource use, and the use of ecological knowledge.

A number of management themes run through these five main categories, including the management of permits, the protection of cultural values, and Aboriginal employment and training.

 
Native Title

At least 80% of the World Heritage Area is potentially claimable by a number of Aboriginal groups under the Native Title Act 1993. This is because about 80% of the World Heritage Area is national park, state forest or timber reserve. There is less than 5% freehold tenure (private land) in the Area, and about 15% made up of a variety of leasehold lands, government reserves and Aboriginal communities (DOGIT lands). This means that, potentially, Rainforest Aboriginal people will have a significant say in how the World Heritage Area is to be managed.

Currently, 16 Native Title claims have been lodged with the National Native Title Tribunal for land in the World Heritage Area, though none have yet reached the final determination stage.

The Authority has a legal responsibility to protect World Heritage values as well as comply with the requirements of the Native Title Act 1993 (Commonwealth). In some cases, the exercise of Native Title holders rights' may be inconsistent with the Authority's obligations under the World Heritage Convention. In other cases, the exercise of Native Title rights may have the potential to enhance the conservation of World Heritage values.

The Wet Tropics Management Authority views negotiated management agreements with Native Title holders as the preferred method of resolving land and resource use issues. By developing a proactive approach to resolving Native Title issues through an interests-based approach to negotiated agreements, the Authority will develop a better working relationship and climate for negotiation with Native Title holders. A litigious approach, although not discounted, is seen as a last resort option.

The Authority will seek, as far as is possible (with the necessary support and endorsement of Native Title Representative Bodies, the relevant land management agency, and the Department of Premier and Cabinet), to negotiate in good faith with groups who assert a right or interest under common law and/or under the Native Title Act 1993.

The Authority will continue to explore the potential of Indigenous Land Use Agreements as a management tool with relevant Native Title Representative Bodies and the Department of Premier and Cabinet. The Authority will also continue to modify and review its policy position to reflect ongoing changes in the State's and the Commonwealth's understanding and interpretation of Native Title law and related compensation issues.

 
Management Agreements

Management agreements are one way for Rainforest Aboriginal people and the Wet Tropics Management Authority to work together to look after country. The agreements help to formalise ways both groups can meet their land management obligations under traditional and western law. They are voluntary, negotiated, cooperative agreements between land holders (often Government agencies), Rainforest Aboriginal people and the Wet Tropics Management Authority.

The agreements can be used to protect cultural heritage, and can help with financial, scientific, technical or other assistance for land management - such as training courses and equipment to control weeds, or fencing to protect waterways and rainforest from cattle. The Agreements are partnerships that must suit all parties, and they can cover any length of time. Each party needs to be completely happy with the terms of any proposed agreement before it is formalised.

 
Protocols

Protocols are important for achieving better working relationships between Government agencies and Aboriginal people. The Wet Tropics Management Authority endeavours to folow some general principles of behaviour when consulting and negotiating with Aboriginal people. The fundamental bottom line principles include:

• the involvement of Aboriginal people right from the very beginning of a project
  a commitment to negotiate on equal terms
• the ability to follow through with agreed outcomes
• ensuring that staff are working with the right people to be speaking for that country (by working through land councils and other representative bodies)
• making sure that any negotiations are done in an open and honest way.

These general principles form the basis of the Wet Tropics Management Authority's Interim Protocols for Aboriginal Participation in Managemant of the World Heritage Area [PDF - 126kb]. These protocols were developed jointly by the Authority with the then Bama Rainforest Association (Bama Wabu) to improve the way the Authority works with Rainforest Aboriginal groups, and were nedorsed by the Wet Tropics Board in November 1998. These protocols form the basis for consultation and negotiation with Rainforest Aboriginal people under the Wet Tropics World Heritage Protection and Management Act 1993 and the Wet Tropics Management Plan 1998 (QLD). These protocols are intended to address the Authority's and the Queensland Parks and Wildlife Service's (QPWS) responsibilities to Aboriginal people under this legislation for the planning and implementation of projects within the World Heritage Area. These include strategic planning initiatives such as walking track strategies; infrastructure projects; management planning and prescribed burning; feral animal and weed control programs; and Authority-supported scientific research projects.

The Wet Tropics Management Authority follows Section 62 Guidelines No. 3 Guidelines for Consulting Aboriginal People Particularly Concerned with Land in the Wet Tropics Area [PDF - 107kb] for assessment of The permitting protocols are intended to ensure that Aboriginal people are properly consulted about activities which require a permit under the Plan. These statutory guidelines will also help the Wet Tropics Management Authority and the Queensland Parks and Wildlife Service make decisions on permit applications under the Wet Tropics Plan.