The recognition of Aboriginal rights in relation to land management and ownership of national parks has challenged each of these principles, as newer constructs of reconciliation, affirmative action and cultural respect
have needed to be embodied
within our philosophical approach to what has been, and will always be, NPA's core business: ensuring the adequate reservation and sound management of national parks in NSW. However, it is hoped that the ALRI policies that NPA has adopted will provide a framework for recognising Aboriginal ownership and involvement in national parks and land management, while ensuring good conservation outcomes.

A comprehensive set of ALRI policies is crucial for NPA. Without a policy framework, we have been unable to work cooperatively with Aboriginal groups on conservation projects, or to proactively offer constructive suggestions for overcoming conflicts when they occur. This has meant that NPA has always had to react to initiatives made by others, and our submissions and public statements have been delivered in an ad hoc and sometimes inconsistent manner. This has led to people within government, the public service and Aboriginal groups discounting NPA views, due to a perception that we were unequivocally opposed to Aboriginal involvement in national parks and Aboriginal involvement in land management more generally within NSW.

Our new policies should allow us to overcome this. The overarching policy is one of recognition and support for Aboriginal land rights and involvement in ownership and management of national parks within NSW. The policies also attempt to disentangle what on the surface appears to be a confusing mix of laws and government regulations. They deal systematically with aspects of the NSW Aboriginal Land Rights Act, Commonwealth Native Title legislation, hunting and gathering regulations and Aboriginal Ownership provisions of the National Parks and Wildlife Act (NP&W Act).

When reading these policies, it should be noted that they must be seen as a whole package. Thus, the general policies of recognition and support for Aboriginal involvement and ownership of national parks should not be viewed without reference to NPA’s specific concerns. Conversely, any

specific issue should be viewed within the whole framework of the policy document and its broad intent. It should also be noted that as issues differ among the States and Territories of Australia, these policies are restricted to NSW, the domain in which NPA is primarily concerned.

Due to space limitations, the policies cannot be printed in full in this issue of the Journal, and given that the policies should be viewed in total – and not in part – only a general summary of their contents is provided below. The full set of policies can be viewed on NPA’s website: http://npansw.cjb.net ; or can be obtained from the NPA State Council Office.

General policy: The general policy clearly states NPA’s position of recognition of Aboriginal ownership and joint management of national parks of high Aboriginal cultural heritage. It acknowledges that Aboriginal people never voluntarily relinquished their sovereignty over Australia and that, as a result, Aboriginal people should be compensated on fair and just terms, including the return of land. It also indicates that NPA recognises Native Title, and the rights of ownership and access that native title rights confer.

Land claims made under the NSW Aboriginal Land Rights Act: This policy outlines NPA’s concerns over the unfortunate conflict between the NPA and the National Parks and Wildlife Service (NPWS) on the one hand and Aboriginal land councils on the other, over claims for much of the remaining vacant Crown land of high conservation value within NSW. It offers detailed strategies for securing Aboriginal aspirations and nature conservation objectives for both (a) land already claimed and (b) land subject to current or future claims. One of our suggested strategies requires State Government funds – we recommend that a small percentage of revenue gained from land tax should be used for Aboriginal groups as a means of providing an alternative to claimed lands required for nature conservation. Other strategies describe ways of joint management of disputed areas, and mechanisms for maximising their security.

Ownership issues related to Aboriginal-owned national parks: This policy states that NPA supports the spirit of Aboriginal ownership and management of national parks of high Aboriginal cultural heritage value. It also highlights our concerns with the currently drafted Aboriginal Ownership provisions of the NP&W Act. In particular, it makes recommendations for amending these provisions to (a) ensure the permanency of reservation of national parks, and (b) to provide a clearer set of agreed indicators or criteria for determining high Aboriginal cultural heritage value necessary for Aboriginal ownership of national park lands.

Management issues related to Aboriginal-owned national parks: This policy relates to accommodation of NPWS staff and Aboriginal traditional owners in remote national parks. It also provides alternatives to the poorly defined community development projects in the Aboriginal Ownership provisions of the NP&W Act. In agreement with Aboriginal representations, it suggests that community developments should facilitate national park objectives and occur outside national parks, rather than within them.

Hunting and gathering: This policy supports the right of Aboriginal communities to pursue traditional hunting, fishing and gathering activities within national parks, subject always to the overriding responsibilities to ensure public safety and enjoyment and to conserve and maintain the full range and abundance of species, biodiversity and diverse natural habitats. It also states that NPA has a strong commitment to gun and other weapon control and believes that the carrying of weapons by members of the public in public places should be restricted as much as possible. The Mutawintji National Park lease, which underwent an exhaustive negotiation process between the Aboriginal owners and the NPWS, has been used a model for this policy.

Collaborative projects with Aboriginal groups: This policy states that NPA strongly supports proposals to work with Aboriginal people with regard to conservation projects. In particular, it states that NPA should actively support projects to generate additional funds to acquire lands of nature conservation and heritage value in NSW to complement the core reserve system of national parks and nature reserves.

With this policy framework in place, NPA hopes to move forward, to work with Aboriginal groups and Government to achieve outcomes that are of benefit to all of us as well as the environment. Hopefully, they will be seen as an open and genuine attempt to foster communication and goodwill and provide constructive solutions to residual areas of concern. As with all policies, these are not immutable. Comments and constructive criticism from within and beyond NPA are welcome and should be conveyed to the Journal editor.

Click here to view the NPA policy on Aboriginal Landrights and National Parks in NSW

Stephen Lord.
Senior Vice President of NPA.