New era for traditional owners of NT Parks

Gregory Park - Victoria River
PIC COURTESY NT TOURIST COMMISSION

After years of struggling to establish traditional owner rights and involvement in Northern Territory national parks and reserves, there is finally a break through.

The High Court decision about this case, now known as the 'Ward' case, covered many complex issues and it has taken many months to work out the implications for the Northern Territory. In August the High Court effectively said the NT Government had ignored native title rights when it declared land as national parks or reserves between 1978 and 1998. The court found that NT national parks and reserves had not been validly declared, because they failed to take native title rights into account. This means that land claims already lodged over 11 parks could automatically proceed, and the issue of native title rights would remain for the remaining 39 parks.

With legal uncertainty hanging over at least 50 NT parks and reserves, the Chief Minister moved swiftly to seek a resolution to the problem.

The Chief Minister convened an urgent meeting with the Chairmen and Directors of the Northern and Central Land Councils.

Earlier in the year the Land Councils had asked the NT Government to consider joint management arrangements for national parks.

With the prospect of years in court and millions of dollars to test each claim over a national park, the Government proposed a negotiated settlement.

The negotiated agreement over parks and reserves will be based on the following principles:

	Any parks which are scheduled as Aboriginal freehold title will be leased back to the NT Government for a period of 99 years and managed under a joint park management arrangement.
	There will be continued public access to the parks with no permits and no gate money.
	Existing mining, exploration or tourist concessions already granted will remain.
	Issues will be dealt with through negotiation, not through the courts.
	Decisions about each park will be only be made after proper consultation with the traditional owners.

The Land Councils have accepted these principles.

However, there is now much detailed work to be done. Central Land Council Director David Ross said:

I welcome the Chief Minister's announcement today that her Government will negotiate a sensible solution to the legal uncertainty over the validity of more than 50 Territory parks and reserves.

We hope that the money that would otherwise be spent on litigation and adversarial high jinks can be put to much more constructive purposes.

Central Land Council Director David Ross

Northern Land Council Chairman Galarrwuy Yunupingu said:

We have always said that the Government should sit down and talk with us about our involvement in parks and reserves rather than fighting us in the courts. All these parks have enormous natural and cultural value which can now be fully acknowledged and promoted through the enhanced involvement of traditional owners. Many Aboriginal people will be relieved that they will finally be able to have a role in caring for their important sites and protecting heritage for the future.

Northern Land Council Chairman Galarrwuy Yunupingu

Proposed framework

The Government is now working on a proposed framework for the joint management arrangements. This will be put to the Land Councils in the new year as the basis for negotiating with traditional owners of each park.

There is much work to be done resolving issues before any land is transferred but the Government hopes that most of the process will be completed in two years.

Traditional owners will still have to identify their concerns about each park or reserve, be involved in developing management plans for each and identifying economic opportunities such as jobs and businesses that will result from the new arrangements.

Mr Ross said:

We will be working to ensure that Aboriginal people can participate in the management and promotion of Territory parks. This could be a key plank in new regional development strategies, including potential employment, training and enterprise development opportunities..

David Ross

The Land Councils are now looking to complete anthropological work with traditional owners to identify the correct people to speak for parks on their country.