Aboriginal Partnerships

The long term special associations of Rainforest Aboriginal people with the land in the Wet Tropics World Heritage Area (WTWHA) 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 (Qld) 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."

Mechanisms for achieving greater Aboriginal involvement in management are provided under legislation such as the Aboriginal Land Act 1991 (Qld), the Native Title Act 1993 (C’wlth), the Wet Tropics Management Plan 1998 (Qld) or where land is owned by Aboriginal peoples (e.g. community council, reserves, freehold/private, etc). These arrangements can range from information sharing, consultation and memorandums of understanding between Aboriginal people and land management agencies through to formal joint or exclusive decision making agreements.

Indigenous Engagement

Australia is a signatory to the United Nations Declaration on the Rights of Indigenous Peoples which promotes the recognition and respect of foundational rights, including participating in decision making through free, prior and informed consent.

The Wet Tropics World Heritage Protection and Management Act 1993 (Qld) requires the Wet Tropics Management Authority (WTMA) and delegated agencies such as the Department of Environment and Resource Management (DERM) /Queensland Parks and Wildlife (QPWS) to perform their functions, as far as practicable, with regard to Aboriginal tradition and in consultation and cooperation with Rainforest Aboriginal people.

WTMA’s Indigenous Partnerships team assists by brokering effective partnerships between Rainforest Aboriginal people, WTMA and other WTWHA management agencies and non government organisations.

Protocols are important for achieving best practice.  WTMA commits to general principles of behaviour when consulting and negotiating with Aboriginal people. They include:

• free, prior and informed consent,
• involvement right from the very beginning of a project,
• negotiate on equal terms,
• follow through with agreed outcomes,
• work with the right people to be speaking for that country (by working through land councils and other representative bodies),
• open and honest engagement.

Generic and specific engagement protocols of the Wet Tropics Regional Agreement guide how WTMA works with Rainforest Aboriginal people of the Wet Tropics. For example, WTMA 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 WTWHA permit applications. The permitting protocols are intended to ensure that Rainforest Aboriginal people are properly engaged about activities which require a permit under the Plan.

Management Agreements

Management Agreements are one way for Rainforest Aboriginal people and WTMA to work together to look after country. The agreements help to formalise ways both parties can meet their land management obligations under traditional and government law. They are voluntary, negotiated, cooperative agreements between land holders and/or Native Title holders and WTMA (and may also involve other parties including other Government agencies) (refer to ss40-43 of the Wet Tropics Management Plan 1998).

Agreements can be used to protect cultural heritage and provide for community and economic development aspirations. They can help with financial, scientific, technical or other assistance for land management - such as training courses, equipment, or materials e.g. fencing.
Management 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.