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Wilderness protection and native title (Queensland)
| Indigenous
rights (National) |
The Wilderness Society
Wilderness
Protection and Native Title Policy (Queensland)
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Statement
of recognition |
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Policy
principles |
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Commitments
sought |
Statement
of recognition
RECOGNISING that the
indigenous people of Australia are the original custodians of country
and, according to their own traditions and customs, had ownership
of lands and waters,
AND that the High Court
found that the common law of Australia acknowledges this traditional
ownership in the form of Native Title,
AND that Native Title
has been partly or wholly extinguished in some parts of Australia
but that this did not occur through consent, treaty or just terms,
AND that the Government,
in the exercise of its sovereignty and through a clear and plain
intention, may continue to extinguish, limit or impair Native Title
but can no longer do so without proper negotiation with traditional
owners, or in a racially discriminatory manner, or without proper
compensation,
AND that Native Title
continues in many parts of Australia, including Queensland,
AND that there is a
strong correlation between areas with underlying Native Title and
those areas defined scientifically as having wilderness and other
high natural values,
AND that the intertwining
of indigenous cultural and natural values over tens of thousands
of years has substantially shaped the Australian environment and
that traditional ownership gives rise to responsibilities to the
environment, responsibilities to 'care for country'.
AND that protective
measures need to be taken to ensure the long term viability and
integrity of natural systems and that major improvements need to
be made to the extent and management of protected areas,
AND that environmental
non-Government organisations have played and will continue to play
an important public role in the protection of areas of wilderness
and high natural values,
AND that Native Title
is a driver of changes to tenure and management of protected areas
and that the Queensland Environment Groups' Native Title and Protected
Areas Project is addressing matters of policy and practice flowing
from this.
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Policy
principles
The policy seeks to:
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Secure areas of
high conservation value based on IUCN categories 1 and 2,
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Increase the size
of the protected area system in Queensland,
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Build reconciliation
between indigenous and other Queenslanders,
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Improve the cost
effectiveness of protected area management,
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Develop better
management systems for the Australian landscape based on cross-cultural
information and the mutual support of indigenous traditional
and contemporary scientific knowledge.
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Commitments
sought on native title, other indigenous rights and the protection
of natural values
THE Wilderness Society
calls upon the Queensland Government to do the following:
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Adopt a broad policy
view of Native Title and other indigenous rights and interests
(including cultural rights and interests) that ensures traditional
owners are recognised as partners with the Government in protected
areas and are materially supported in negotiations with the
Government.
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Ensure that a comprehensive
framework for indigenous rights and interests in protected areas
is in place covering new dedications of protected areas, previous
valid dedications, conservation objectives for Aboriginal land,
and areas of previous extinguishment with a significant cultural
interest.
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Adopt the working
title of 'Natural and Indigenous Cultural Protected Areas' for
this comprehensive framework.
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Frame stand-alone
legislation for a 'Natural and Indigenous Cultural Protected
Areas' system, with complementary amendments to the Nature Conservation
Act 1992 and the Aboriginal Land Act 1991.
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Formally establish
Native Title and other indigenous rights and interests with
respect to previous valid dedications of protected areas, such
as national parks, in the Nature Conservation Act 1992 and establish
mechanisms and provide resources for joint management of these
areas.
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Adequately fund
the development of an 'Natural and Indigenous Cultural Protected
Areas' system over the next five years, including funds to immediately
support tenure resolution, to develop appropriate management
models, and to further Indigenous Land Use Agreements.
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Provide a significant
increase to the Queensland Parks and Wildlife Service budget
to meet the exigency of native title and to address the pre-existing
under-resourcing of the protected area system.
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Provide financial
support to the Queensland Environment Groups' Native Title and
Protected Areas Project to ensure informed and facilitated public
debate on the future of protected areas with respect to native
title and other indigenous rights and interests.
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Funding should
address the following:
~ An increase for conservation management of the existing protected
area system
~ An addition of funds to develop the 'Natural and Indigenous
Cultural Protected Areas' system, including joint management,
ILUAs, and QPWS capacity building
~ Community awareness and education and ENGO support and capacity
building.
This should be in the order of $30 million of additional funding.
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Indigenous
Rights Policy (National)
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Recognition
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Commitment
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Rights
reserved |
The
Wilderness Society (TWS) recognises -
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That indigenous
peoples are the traditional custodians who have managed the
environments of Australia since time immemorial,
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That Indigenous
Australians did not voluntarily relinquish their sovereignty
over Australia,
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The continued existence
of native title land and sea rights,
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That gazettal of
new National Parks, and other protected areas, should not occur
without consultation with rightful indigenous communities.
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TWS
commits to -
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Proper and detailed
consultation with affected indigenous people before and during
campaigns to protect wilderness and biological diversity,
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Support the implementation
of the principles of the Malimup
Communique.
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TWS
reserves the right to -
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Continue to campaign
for the protection of wilderness, protected areas and biodiversity
if, after detailed consultation and discussion, indigenous peoples
do not support the protection of wilderness, protected areas
and biodiversity.
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