Aboriginal Ownership of National Parks in NSW

Vivien Dunne*

The National Parks and Wildlife Amendment (Aboriginal Ownership) Act 1996** relating to Aboriginal Ownership of National Parks passed through both houses of the NSW Parliament unopposed in December 1996. For some more conservative members of the community the passing of The Act was seen as cause for concern and greeted with alarm, but for others it was heralded as a significant step in providing for the rights of Australia’s indigenous peoples.

Joint management will be established for parks and reserves listed on Schedule 14 through the appointment of Boards of Management. The Boards will be required to exercise management, care and control in accordance with the provisions of the National Parks and Wildlife Act 1974 and at this stage five parks have been listed for return to Aboriginal ownership.

•Mootwingee NP and Historic Site, and Coturaundee Nature Reserve near Broken Hill

•Mungo NP

•NSW Jervis Bay NP near Nowra

•Mount Yarrowyck Nature Reserve near Armidale

•Mount Grenfell Historic Site near Cobar

The most important points to note in The Amendment are as follows:-

National Parks will be approved for Aboriginal ownership subject to a lease-back arrangement between the indigenous owners and the relevant State or Commonwealth authority and will include the payment of rent for the lease of the land. The term of the lease will be for a period of 30 years with allowance made for renewal of the term, periodic review and provisionfor replacement.

Public right of access to national parks and the use and enjoyment of the parks is to be guaranteed.

The lands will be protected from being sold or mortgaged.

Direct operational responsibility for the management of the land will continue to rest with NPWS, and compliance with existing Acts, World Heritage listings, or other international treaty obligations will be acknowledged and upheld.

Aboriginal people will be given preference for employment opportunities as administrators, rangers and for other positions within national parks.

Admission fees will be charged for entrance to national parks for tourists.

Policies will be adopted giving access to the Aboriginal owners for subsistence hunting, fishing and cultural use of the land, together with access for ceremonial purposes.

It should be noted that The Amendments to the 1996 Aboriginal Ownership Act provide for the recognition of indigenous peoples rights to ancestral lands, cultural sites and places of historical significance as well as recognising the need for the protection and management of national parks for all Australians.

* Vivien Dunne is a student of Environmental Geography at the University of Sydney and Vice President of the Sydney Branch of the National Parks Association of NSW. The article reflects only the authors opinion and not those of the NPA.

** All information from NPWS, Aboriginal Ownership of National Parks, Government Publication, February 1997