Northern Territory Second Reading Speeches

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TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL 2004

Bill presented and read a first time.

Ms MARTIN (Chief Minister): Madam Speaker, I move that the bill be now read a second time.

You will recall, in November 2003, the Parks and Reserves (Framework for the Future) Act was passed by this House of parliament. This historic piece of legislation provided the framework for settling Aboriginal land and native title issues associated with a large number of the Territory's parks and reserves in a way that reconciles Aboriginal interests with the government's commitment to retain the existing parks and reserves in the Territory for public use and enjoyment, while also expanding and enhancing the Territory's parks system.

The legislation enacted by this parliament is a testament of the foresight of this government and its commitment to resolve issues in a way that brings unity to the community, not division, in a way that ensures the responsible economic management of government resources and maximises benefits to all Territorians.

The Framework for the Future legislation is set to bring about a resolution to the majority of land and native title claims over Territory parks in record time, with the avoidance of protracted and costly litigation. It has resulted in a win/win situation for all Territorians. For indigenous people with attachments to the park, it has provided a sense of relief that at last their connection to the country has been recognised, and that they will be given a meaningful say in the future management of these wonderful areas. For the general public, it has provided a sense of certainty to know these park areas will continue to remain open without entry fees or permits being imposed, and that many tens of millions of dollars of taxpayers' money will not be wasted in the courts over countless years ahead.

I speak to this parliament today of the consequential amendments to the Territory Parks and Wildlife Conservation Act. These consequential amendments build upon the foundation stone which was put in place through the Framework for the Future act, and provide a basis for establishing joint management arrangements between the joint management partners in ways that are inclusive, transparent and equitable. The Parks and Reserve (Framework for the Future) Act brought together the government's core objectives of securing the national parks for the future, protecting biological diversity, developing recreation and tourism opportunities, and providing a basis for employment and regional economic development.

The bill to amend the Territory Parks and Wildlife Conservation Act now facilitates the implementation of this vision. It provides a way forward to enrich the management of our parks and reserves, by recognising traditional Aboriginal culture and acknowledging and validating Aboriginal land management practices that have shaped the landscape for more than 60 000 years. In developing this bill, the government has taken the view that joint management of parks and reserves in the Northern Territory can provide a wide range of very significant benefits.

These include, but are not limited to, the following: resolution of costly and divisive land, native title and compensation claims, and mitigation of threats to the future integrity of the NT reserve system; opportunities to improve land management overall by sharing information and resources and conducting land use activities in a more coordinated and integrated manner, combining both western scientific and indigenous knowledge; a greater sense of community ownership of management issues and enhanced community involvement in decision-making; improved relationship with neighbours and enhanced regional approaches to conservation, especially in the management of fire, weeds and feral animal controls; an opportunity for the expansion of tourism and allied industries to extensions to the reserve system, and enhanced visitor experiences by increased exposure to an interpretation of indigenous culture; enhanced potential for cross-agency ranger training and exchanges between the NT Parks and Wildlife Service, Parks Australia North and community-based ranger programs; opportunities for reducing administrative overheads and achieving more targeted use of resources in the application of natural and cultural resource management; improved opportunities for building capacity through the sharing of information and techniques between indigenous people and non-indigenous land managers; and enhanced opportunities for indigenous training and employment in the management of country and other initiatives by government in relation to the social, cultural and economic wellbeing of Aboriginal people.

Overall, these benefits provide for a more inclusive approach to park management so that both indigenous and non-indigenous people benefit from an expanded understanding and appreciation of the management of country, as well as improved social and ecological outcomes.

Let me take members through the specific provisions of the bill. New section 22 defines the interpretation of terms in the bill, and new section 23 establishes the relationship between this bill and other provisions of the act. New sections 24 and 25 of the bill enable the minister to secure the valid declaration of those parks and reserves where their status is in doubt as the result of the Ward decision.

New section 25AA establishes that the joint management partners for a park or reserve are the Territory and the traditional Aboriginal owners, and they are together responsible for management of the park.

New section 25AB outlines the overall objective of joint management, which is to jointly establish an equitable partnership to manage a comprehensive and representative system of parks and reserves for the benefit of traditional Aboriginal owners and the wider community, whilst protecting biodiversity and serving visitor and community needs.

New section 25AC outlines the principles of joint management, including the recognition of Aboriginal interests, culture and knowledge, whilst maintaining the statutory responsibilities and functions of the minister.

New section 25AD outlines the process of preparing a joint management plan for a park or reserve which, importantly, retains the current robust process of public consultation.

New section 25AE prescribes the required contents of a draft joint management plan, which will ensure a strong measure of public accountability in the planning process, and in determining procedures for dealing with issues which affect the interests of traditional Aboriginal owners and other stakeholders in the park or reserve.

New sections 25AF to 25AI detail the processes for development and implementation of the plan of management. New section 25AF requires the minister, after receiving a draft plan, to table that plan in the Legislative Assembly. New section 25AG details the procedure for adoption of a joint management plan, which is the same as that for a plan of management prepared under section 19(2) to 19(5) of the principal act. New section 25AH sets out the procedures for amendment or revocation of a joint management plan. Amendment to the plan must follow the same processes as the adoption of a new plan, including tabling in the Legislative Assembly. Revocation of a plan takes effect through the adoption of a new plan created through the same processes that I have just mentioned. New section 25AI specifies that, once a plan comes in to effect, the joint management partners must manage the park or reserve in accordance with the provisions of the plan.

New section 25AJ allows for the joint management partners, by agreement and through the plan of management, to modify the right of Aboriginal people to use the park or reserve for safety or environmental reasons.

New section 25AK outlines provisions relating to managing the park or reserves before a plan comes into operation. The overriding premise of this section of the bill is that the park or reserve will be managed on the 'business as usual' basis that was established in developing the Parks and Reserves (Framework for the Future) Act.

New sections 25AL and 25AM deal with the issue of mining within parks. The amendments do not affect current provisions for exploration of mining in parks; however, do provide an opportunity for the joint management partners to provide an opinion to the mines minister for consideration before granting a mine or petroleum interest.

New sections 25AN and 25AP outline the functions of the land councils in relation to parks and reserves. These relate primarily to consulting with traditional Aboriginal owners and Aboriginal communities and groups which may be affected by decisions of the joint management partners, and the distribution of monies to Aboriginal owners in accordance with the provisions of the Aboriginal Land Rights (Northern Territory) Act. This will provide the Territory government with the necessary statutory certainty and protection in relation to the identification of the correct traditional owners, and the distribution of income.

New section 25AQ deals with the creation and application of by-laws. This section of the bill draws heavily from the Nitmiluk (Katherine Gorge) National Park Act conferring on the joint management partners the same by-law making powers as were previously conferred by the former government on the Nitmiluk Board.

New section 25AR clarifies that the lease does not create a subdivision within the meaning of the Planning Act.

Finally, clause 5 of the bill provides for the amendment of the Parks and Reserves (Framework for the Future) Act 2003 to allow for the regulation of a Parks Land Trust.

The government will be consulting on this bill over the Christmas break. This may result in the need for some technical amendments to be brought forward at the committee stage.

The establishment of joint management arrangements for parks and reserves is not something new to the Northern Territory. In fact, the first formal joint management arrangements to be entered into between a government and traditional Aboriginal owners anywhere in Australia occurred in the Northern Territory under the previous government at Cobourg Peninsula more than 20 years ago. Since then, joint management has become widely accepted across Australia and is rapidly becoming the norm rather than the exception.

Over recent years, indigenous joint management arrangements and partnerships have been put in place in every Australian state and territory, as well as in New Zealand. In New South Wales, Queensland and South Australia, legislation has been enacted which provides for transfer of parks to traditional owners with joint management. Similar legislation has been foreshadowed in Western Australia. The reason for such widespread adoption of this approach is that, in this post-Mabo native title era, such arrangements make sense and contribute to the resolution of native title issues and enrichment of the parks system, rather than posing any threat.

While members opposite may prefer to live in the past and favour the prohibitively expensive litigation course, I am proud of the leadership my government has shown in resolving, in such a positive way, issues that were not going to go away. It is the Territory governments firm intention that the Northern Territory provide a model of protected area management that should become the international benchmark; one that secures the ecological integrity of our natural environment, is innovative and flexible with respect to park management, underpins our vibrant and exciting tourism industry and provides a world-class visitor experience, enhances regional economic development and encourages local community involvement, acknowledges and respects the rights of indigenous peoples, and creates a place at the table for indigenous people to participate, in a meaningful way, in the future management of our ancient lands and outstanding parks system.

Madam Speaker, I commend the bill to honourable members.

Debate adjourned.

 

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