Moree Workshop Report – NSW Heritage Legislative Reform Community Consultations (Markwell Consulting) Page 1
Workshop Summary Report
Reform of NSW Aboriginal Culture and Heritage Legislation Community
Consultations
Moree RSL Services Club, NSW
7 November 2011
Facilitation and Summary Report - Markwell Consulting
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Contents
Warning 3
Preamble 3
Acronyms 4
Draft Running Sheet 5
Attendees 6
Welcome to Country
6
Session 1: The Reform Process 6
Session 2: Culture and Heritage – ‘Setting the Scene’
9
Session 3: New Culture and Heritage Legislation – ‘Getting it Right’ 10
Session 4: Who can Speak for Country?
11
Session 5: How will it Work? 12
Session 6: Key Messages and Options
13
Next Steps 14
Addendum: Participants Comments Post Workshop 15
Attachment A: Completed Participant Workshop Evaluation Forms 16
Moree Workshop Report – NSW Heritage Legislative Reform Community Consultations (Markwell Consulting) Page 3
Warning
Aboriginal and Torres Strait Islanders readers are warned this report may contain names
and/or images of people who have passed away.
Preamble
This report is a summary of discussions, outcomes and key messages from participants
at a Community Consultation workshop which focused on Aboriginal issues associated
with the reform of the NSW Aboriginal Culture and Heritage Legislation (the Reform). The
workshop was one of a series of 25 workshops held across NSW coordinated by the
Country, Culture and Heritage Division of the NSW Office of Environment and Heritage
(OEH) in the Department of Premier and Cabinet (‘the Department’).The purpose of these
workshops was to seek input from Aboriginal people on the reform.
The workshop was facilitated by Chrissy Grant, an Associate of Markwell Consulting (the
Consultant), an independent Aboriginal consulting business. The Consultant was not
required to undertake an analysis of the information from the forum, rather simply
provide a summary of key discussions and outcomes to the Department. This report is
that summary.
To ensure transparency and accuracy of the information the Consultant provided a draft
summary report to workshop participants for their comment. Comments received have
been incorporated into this report.
OEH is also coordinating 5 roundtable workshops facilitated by independent consultants -
Twyfords. The purpose of these workshops is to seek views from NSW Aboriginal people,
key stakeholders and others on the reform.
The information provided from the workshops will be considered by the Reform Working
Party, Senior OEH Officials and the Minister in developing new culture and heritage
legislation in NSW.
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Acronyms
New South Wales National Parks and Wildlife Service (NSWPWS)
New South Wales National Parks and Wildlife Act (NSWNPW Act)
Office of Environment and Heritage (OEH)
Country, Culture and Heritage Division (CCHD)
Department of Aboriginal Affairs (DAA)
Local Aboriginal Land Council (LALC)
New South Wales Aboriginal Land Council (NSWALC)
Native Title Services Corporation (NTSCORP)
Natural Resource Management (NRM)
Traditional Ecological Knowledge (TEK)
Border Rivers-Gwydir Catchment Management Authority (BRG-CMA)
Natural Resource Management (NRM)
Indigenous Land Corporation (ILC)
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Agenda
DRAFT RUNNING SHEET
ABORIGINAL CULTURE AND HERITAGE REFORM
REGIONAL ABORIGINAL WORKSHOPS - NOVEMBER/DECEMBER 2011
9:00 – 9:30 Morning Tea 9:30 – 9:45 Welcome to Country Local Elder 9:45 – 10:15 The Reform Process OEH COB RM 10:15 – 11:00 Structure for the Day Facilitator 11:30 – 12:30 Workshop Session Facilitator 12:30 – 13:30 DVD shown during Lunch 13:30 – 14:45 Workshop Session Facilitator 14:45 – 15:00 Summary and Wrap up Facilitator 15:00 Afternoon Tea
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Attendees Name Organisation
Liz Taylor BRG-CMA
Karen Craigie Terry Hie-Hie
Noeline Briggs-Smith Terry Hie-Hie
Wayne Nean Terry Hie-Hie
Robert Stanley Terry Hie-Hie
Louella Tighe Moree Community member
Andrew Munro Moree Community member
Dorothy Tighe Moree Community member
Ray Tighe Moree Community member
Elizabeth Copeland Moree Community member
Damien Eade Moree Community member
Loretta Tighe Moree Community member
John Moree Community member
Merv Sutherland CCHD Baradine (OEH)
Craig Trindall CCHD Narrabri
Note: Meryn Dillon from the Moree LALC signed the attendance sheet
however agreed o leave the meeting before it started as there was
objection to her presence from the floor.
Welcome to Country
Aunty Noeline Briggs-Smith, Gamilaroi Elder, provided participants with a Welcome to
Country. This was followed by introductions from the floor.
Session 1: The Reform Process
Overview of the Reform Process
Chrissy Grant, Markwell Consulting Associate facilitated the workshop by focussing the
participants on the following topics which was raised by the participants.
Mr Craig Trindall (OEH) provided an overview of the reform process and purpose of the
workshops and roundtable meetings. The presentation is provided below.
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NSW GOVERNMENT OEH PRESENTATION
THE REFORM PROCESS
1
REFORM of
ABORIGINAL CULTURE &
HERITAGE LAW
2
Reform process gets underway
Aboriginal people have been seeking reform for over 30 years – There has been many processes in the past.
For the 1st time the need for reform is supported by all political parties in the NSW Parliament. A real opportunity exists.
In September 2011, the Government announced a reform process to explore options for the protection and management of Aboriginal culture and heritage in NSW.
Government has asked for recommendations by September 2012. - A 10 month window of opportunity is now available to work out what is needed, and to advise the Government on what will work.
We can only reform NSW law – not Commonwealth law such as the Native Title or Copyright law
This workshop is the start of that process.
3
Goals of the Reform – in summary
• Protect and manage NSW Aboriginal culture and heritage.
• Clarify role of Aboriginal people in management of, and decision
making about their culture and heritage.
• Create clear roles and responsibilities for Aboriginal people and
communities, heritage professionals, government agencies, and
industry
• Link Aboriginal heritage law to NSW natural resource management
and planning processes
• Ensure streamlined and flexible regulation of Aboriginal heritage
4
A Reform Working Party – appointed by and
reports to the Minister for the Environment and the Minister for
Aboriginal Affairs to be made up of:
Chairperson – Office of Environment and Heritage - ex-officio
Aboriginal Affairs NSW – ex-officio
A nominee from the Coalition of Aboriginal Peak Organisations (CAPO) –
ex officio
An expert in community engagement with a broad understanding of the
cultural and social issues affecting Aboriginal people in NSW
Two individuals with expertise in land management and the issues
affecting Aboriginal cultural heritage
An Aboriginal culture and heritage legal expert
An expert in Aboriginal culture and heritage conservation
Two individuals from industry or business with experience in issues
relating to Aboriginal culture and heritage
5
Terms of Reference for the Working Party
To advise Government on:
Reviewing existing provisions
Reviewing laws and policies of other jurisdictions
Existing provisions that should be retained
Roles of responsibilities of Aboriginal people regarding their culture and heritage
Processes to identify significant Aboriginal culture and heritage items, places, and landscape values
Possible use of negotiated outcomes
Dispute resolution and mediation processes
Links to environmental planning, development control and natural resource management processes
NSW agency responsibilities
6
The Reform Process – Consultation
Phase 1 November - December 2011
Series of 25 regional workshops with Aboriginal communities
Public awareness campaign re process and timetable (internet
updates, media articles, dvd, reports to regular meetings)
Circulate issues paper and initial background material to stimulate
discussion
On line survey
Interagency meetings + peak stakeholder consultations (property,
heritage, environment, local government, industry)
7
The Reform Process – Consultation
Phase 2 April – June 2012
Consultation with Aboriginal communities and other stakeholders about a range of options for legislation based on ideas gleaned from Phase 1.
The Working Party will report to Ministers in September 2012
After that it is a matter for Government to decide
8
In conclusion
This is a unique opportunity to have your say in
how Aboriginal culture and heritage in NSW is to
be protected .
The Government and the Working Party welcome
your views and appreciates your time, effort and
interest in this important reform process.
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The Reform Process – Participant’s Comments
The participants had the following comments, issues and suggested improvements in
relation to the reform process.
The Reform Process
Aboriginal people want to be part of the new legislation
Why has the Government only given us 10 months to complete this process after 37 years of
wanting our own heritage laws? WE NEED MORE TIME TO GET IT RIGHT
We come from the land and it is reflected in the people physically, spiritually and emotionally
Need to communicate better to inform people of workshops
We need more time to allow outer communities to be involved in process
Government has to remember that it is our heritage and we should look after it
OEH should have meetings in community venues to provide some income to get people together
and provide a BBQ – it’s more likely to get more people there
This process should also include students who are taking Aboriginal Studies
Government has signed off on UN Human Rights Declaration and the UN Declaration on the
Rights of Indigenous People – Why leave it to Local and State Governments to implement – cause
they don’t do it
Government has to remember that it is our heritage and we should look after it
Reform Working Party needs to be full Aboriginal membership
Constant feedback on the progress of the Reform Process to communities is very important
Wider community engagement in the Reform Process must take place as well
Working Party
Issues
There are gaps in the membership and the
following categories should be included:
Aboriginal staff from the Aboriginal
Local Government Network
NSWALC full membership
Community representation through
existing Cultural Heritage Advisory
Bodies
Ex Officio is usually defined that the member
does not have a vote – unless there is FULL
Aboriginal membership, there could be a case
that non-Aboriginal people continue to make
important decisions about Aboriginal heritage
Participants have never heard of CAPO before
and have concerns that they will not represent
local Aboriginal cultural heritage issue
adequately
Does the Working Party have Parliamentary
privileges that they don’t have to reveal
information to the public
Concern was raised that the Working Party was
already decided
The Working Party MUST have FULL Aboriginal
membership
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Session 2: Culture and Heritage – ‘Setting the Scene’
Participants were asked what culture and heritage means to them. Their responses are
outlined below. This was an important session to outline what culture and heritage values
are important to Aboriginal people. This also set the scene to focus their thoughts the
different types of heritage and on what they believe should be included in the reformed
legislation.
Culture
Caring for Country – our connection to the Land
and waters
Artefacts
Stories Religion
Spiritual beliefs and expressions Custodianship of our country
Sharing and Respect Art, Song and Language
Ceremonies Men’s and women’s business
Significant and Sacred sites Lores
Community protocols Camps (gunyas/ shelters)
Food Way of Life
Burials Flora and fauna – the Environment
Human Rights All that is traditionally our inheritance or
birthright
Elders Culture is history – protecting Histories
Heritage
Natural Resources – conservation and
preservation
Surface water and underground water
Land Management Intellectual Property issues
Community Protocols and Governance Landscapes
Intergenerational knowledge transfer Traditional Knowledge
Lores Respect
Birth Country Culture
Language – our identity Identity
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Session 3: New Culture and Heritage Legislation – ‘Getting it Right’
Participants provided ideas and thoughts on key elements required under new NSW
culture and heritage legislation. This included key components of the existing legislation
that needs to be retained and/or improved and new concepts and elements that the
existing legislation currently does not include.
Participants were asked what is currently protected (or what should be currently
protected) under the existing NSWNPWS legislation versus what should be protected
under new or revised legislation. Protected in this context includes recognised, valued,
protected and managed.
Aboriginal people also strongly believe that Protocols should be embedded in the
legislation. However they are presented, the following items must be part of the
Protocols by which both the Government and Aboriginal people will work together.
Currently Protected Should be Protected
Our rights to our cultural heritage Everything identified earlier under ‘culture’ and
‘heritage’
Stone artefacts Aboriginal values
Natural places Story places
Story places Natural places
Significant space (ceremony, remains, camping
grounds)
Rivers
Current permit approval processes are OK but
improvements on communication between
LALCs, Aboriginal people and developers is
required
Aboriginal Histories (i.e. pre and post contact)
New NSW culture and heritage legislation
Legislation must be culturally appropriate It must recognise Aboriginal ownership of
cultural heritage
All tangible and intangible heritage as listed
above should be protected by law
The new legislation MUST have a Preamble
which acknowledges NSW Aboriginal Nations
and recognise Aboriginal peoples’ Rights
There should be a local Aboriginal Cultural
Heritage body to make decisions and provide
advice on permits and approvals eg. LALCs
Governance arrangements eg. Registrar or
Elders Council
Due diligence needs to be retained but needs
to be compulsory, in particular by developers.
It must address Intellectual Property and
Copyright issues with reference to Cwth Acts
and to even make it stronger at the State level
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New NSW culture and heritage legislation
There must be an appropriate bureaucracy to
administer the new legislation
The legislation should be support by strong
Regulations that outline the intent of the
legislation and provide guidance of how the
legislation should be implemented
It’s important to recognise Aboriginal people’s
access to country so that they are able to
continue to undertake the obligations and
responsibilities of looking after heritage sites
The legislation should have provisions to allow
for partnerships and MOU Agreements between
governments, businesses and industry so that
Aboriginal people are able to pursue economic
benefits and work towards ‘closing the gap’,
It is important that the new legislation has
linkages to existing and any future legislation
across ALL levels of government that affects
planning, mining, farming, development and
other industries
Penalties to be meaningful for damage and
destruction to ANY Aboriginal heritage site,
object or place to be included
Strong overarching PROTOCOLS MUST be
embedded in the new legislation. They must
address issues such as:
It must state that Aboriginal people are to be
respected for their knowledge about their own
cultural heritage
It should set out a criteria for the
establishment of a regime whereby Local
Aboriginal Cultural Heritage Advisory Bodies
from the local Aboriginal communities are
involved in looking after their own heritage
It should recognise access rights for Aboriginal
people to their heritage
Co management opportunities
It must acknowledge and acknowledge articles
and clauses in the United Nations Declarations
that Australia is signatory to and supports such
as the UN Declaration on the Rights of
Indigenous Peoples, the UN Human Rights
Declaration and the Convention of Biodiversity.
An example of what articles and clauses would
be included are: Free, Prior and Informed
Consent; Access and Benefit-Sharing; and the
right to continue to practice their cultural
traditions
Right of Appeals for Aboriginal people to be
included
Clear Mediation processed to be outlined and
comprehensive guidelines for Conflict
Resolution processes
It must address Repatriation of Aboriginal
cultural materials from museums
Incorporating meaningful partnerships in
legislation
Session 4: Who can Speak for Country?
Participants were asked to identify who speaks for country and who should not speak for
country. In some circumstances there were different views on who should speak for
country. In these cases those people/organisations were placed on both categories.
Importantly, Aboriginal people are indicating local circumstances must be recognised and
prevail. For example some areas Aboriginal people have established their own
organisations to speak for their people and country, whereas in other areas people prefer
the LALCs to have a role in speaking for them. This reflects different community capacity
levels across the State.
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Who should not speak for Country Who should speak for Country
NPWS Native Title Bodies should provide advice on
who the proper people are to speak for country
DAA LALCs (need to work together with Elders)
NSWALC and the LALCs Elders or Elderly (need to work together with
LALCs)
Department of Planning Traditional Owners and Custodians (Aboriginal
Nations people)
Native Title Bodies Independent Local Aboriginal Cultural Heritage
body (possibly from each nation/Traditional
country)
Respected Community minded Aboriginal
people who may not always be traditionally
from that country but over the generations
have intermarried and become intricately
involved in community affairs
Session 5: How will it work?
Participants were particularly interested in identifying some key elements and principles
for the proposed new independent body. Participants were informed that their views on
how it will work may fall into either inclusion in the legislation and policy design. These
are outlined below.
Proposed New Independent Culture and Heritage Body
Establish a Local Aboriginal Cultural Heritage
Advisory Body to have a say in protecting and
managing their own heritage
Adequate infrastructure, funding and resources
to support the new body
Qualified skilled people – training opportunities Independent but with decision making capacity
Representative across NSW Enforcement powers
Relationship with other agencies (i.e. culture
and heritage unit NSWNPWS)
Education and awareness about how the new
legislation will work
Must ensure decisions are made by those who
can speak for culture and heritage
Stand alone legislation
Develop and advocate policies / models for
other agencies (i.e. consultation principles)
Policy development for accountability to
communities and have visibility of resources
Use existing structure eg. LALCs Aboriginal people want to manage the
Travelling Stock Routes
Self determination – Government must devolve
decision-making to communities
Education and career paths in heritage – it
should be included in the school curriculum
NRM to be part of Aboriginal cultural heritage
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Session 6: Key Messages and Options
The following session provide participants with the opportunity to provide key messages
to NSW Parliament, Ministers, Reform Working Party, OEH and other key stakeholders on
the culture and heritage reform.
These include comments specific to the reform process, stage 2 consultations, legislation
and policy.
Key Messages
The Reform Working Party MUST have each
member category to be filled by an Aboriginal
person
NSWALC should be a full member of the
Reform Working Party
There MUST be an even gender balance of
men and women on the Reform Working Party
The State Youth Committee and State Elder’s
Committee should have membership
The Local Government should have a member
on the Working Party elected from the Local
Government Aboriginal Network
The Working Party should have at least 2
community members to ensure that local
issues are not overlooked
The Selection Panel to either select the
nominees or make recommendations to the
Minister must have full Aboriginal membership
The community is concerned that while the
Reform Working Party has access to legal
advice, the Aboriginal community does not
have the same privilege and this should be
corrected
Does the members of the Reform Working
Party have equivalent to Parliamentary
privileges where they do not have to divulge
information to the Aboriginal community?
There is deep concern that people are claiming
to be Aboriginal and it has been recommended
that the removal of the tick boxes from forms
eg. Centrelink, Education, Housing, Health etc.
so that false claims are not made
Moree participants agreed that a project for
greater than 7,000 should be a pilot for study
for a Local Cultural Heritage Advisory and
Management Body be undertaken
Moree participants also agreed that a project
for less that 7,000 should be undertaken in
Toomelah or Mungindi communities
It is recommended that a program for
Aboriginal Keeping Places to be established for
ALL Aboriginal Nation Groups
Participants agreed that all Local Governments
should employ Aboriginal Development Officers
Government should establish an Aboriginal
Youth Council to ensure that the youth are
involved in important processes
Government should also consider establishing
a Foundation for Aboriginal Affairs that would
incorporate Aboriginal well-being and social
inclusion
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Next Steps
1. Consultant is required to deliver workshop summary report to OEH as soon as
possible
2. Consultant to provide draft summary report to participants for their comments prior to
submitting final report to OEH.
3. Participants did not want their comments to be on behalf of other people.
4. Participants agreed for the summary report to be a public document, including being
placed on the OEH reform website.
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Addendum: Participants Comments Post Workshop
Markwell Consulting sent all participants a draft of the Workshop Summary report for
their comments. The following comments were received by participants after the
workshop. They reflect the participant’s perspectives on the reform. Because they were
provided as ‘post workshop’ comments, the Consultant has included them as an
addendum to the Report so not to change the integrity of the workshop discussions and
outcomes. The comments reflected below are verbatim extracts from workshop
participants.
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Attachment A: Completed Participant Workshop Evaluation Forms
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