Appendix 1 - Victorian Environmental Assessment Council

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MNAC Report on the ECC Box-Ironbark Forests & Woodlands Investigation Draft Report In the event that the obligations under the Native Title Act are not observed, activities are ‘invalid’ to the extent that they affect native title. This means that the proponent does not have the certainty that they can proceed with their proposals if they do not observe this legislation. Division 3 of the Native Title Act 1993 contains the relevant Future Acts provisions in relation to Boxironbark land and resource issues, which will need to be observed in order that activities are valid under the Native Title Act. The following provisions may be particularly relevant: • section 24DA (Indigenous land use agreements (alternative procedure agreements) • section 24KA (facilities for services to the public) • section 24FA (future acts where procedures indicate absence of native title); • section 24IA (acts involving renewals and extensions etc. of acts); • section 24JA (acts involving reservations, leases etc.); • section 26A (approved exploration etc. acts). A flow chart describing the Future Acts process is provided at Attachment 1. Communication of legislation It is imperative that the Government must notify non-government land and water organisations of the legislation that must be adhered to. The Government should also communicate to organisations the relevant Acts and the penalties that can be enforced when breaching these Acts. These Acts provide for regimes whereby Victorian Aboriginal people take part in the preservation of their cultural heritage by being members of committees that advise Ministers, as inspectors with wide-ranging powers, and as members of Aboriginal organisations that are responsible for managing cultural heritage issues within their areas. Land and water organisations must devise a similar regime for the management of land and water issues. This regime would allow Aboriginal people to have a say in caring for their country and be involved in the management of their country. Natti ive tti ittl le and Indi I igenous Land Use Agrreementts The Bracks Government has announced that an approach of negotiation and mediation, rather than litigation, would be taken in relation to native title claims in Victoria. The intended outcome, Indigenous Land Use Agreements, would not necessarily involve recognition of native title. Native title claimants have a ‘right to negotiate’ over matters which may affect their rights, for example, with mining companies regarding proposed exploration or mining programs. This does not require formal recognition of native title. Aboriginal people may ‘use and enjoy’ native title land, waters and resources, including biological resources. A recent High Court decision 1 effectively confirmed the right of traditional use by claimants. Traditional owners in the study area prefer to negotiate at a direct level, rather than have decisions about land and water management being decided in a court of law. Some cases have taken over five years to get to the negotiation stage, which has proven costly in many ways. Indigenous Land Use Agreements allow traditional owners to be involved. Page 17
Native title MNAC Report on the ECC Box-Ironbark Forests & Woodlands Investigation Draft Report Aboriginal association with the investigation area is significant, and Aboriginal communities continue to assert their association with all of their ancestral areas. Aboriginal spiritual and cultural connection to the land and water is intrinsically connected to the natural environment. The exercise or enjoyment of native title rights and interests includes hunting, fishing, gathering, and cultural or spiritual activities. Under the Native Title Act 1993 Aboriginal people can claim native title on Crown lands and waters in their traditional lands. Native title holders (including claimants) must be included in decisions about the use, management, protection, and cultural interpretation of public land and resources. The existence of native title is not dependent on a claim being lodged. The Native Title Act gives rise to the ability of native title holders to negotiate over matters which may affect their native title rights and interests before formally receiving recognition. The National Native Title Tribunal supports negotiated agreements. Indigenous Land Use Agreements 1 An Indigenous Land Use Agreement, or 'ILUA', is a voluntary agreement made between native title groups (who hold or claim to hold native title) over a particular area and other people or organisations such as governments, miners and other commercial industries, about the use of land and waters in a particular area. ILUAs allow people to negotiate flexible and pragmatic agreements. They allow parties to formally agree about how things which will work on the ground. Once registered, ILUAs bind all the parties and all persons claiming to hold the native title to the terms of the agreement. ILUAs are an important tool for dealing with native title in Australia. They are flexible, cater for local needs and offer legal certainty. Negotiating ILUAs is the preferred option for most Victorian Aboriginal communities. What distinguishes an ILUA from other kinds of agreements is that it may be registered on the Register of Indigenous Land Use Agreements (the Register). A registered ILUA binds all persons who hold native title to the terms of the agreement, whether they were party to the agreement or not. It may also limit compensation for certain native title parties to the terms negotiated under the ILUA. Having an ILUA registered may provide increased certainty about the matters agreed upon. There are three different kinds of ILUAs: • area agreements • body corporate agreements • alternative procedure agreements. Ottherr orrgani isatti ions Aboriginal Affairs Victoria The identification, protection and management of Aboriginal places in Victoria is primarily the responsibility of Aboriginal Affairs Victoria (AAV), an agency within the Victorian Department of Natural Resources and Environment. The Heritage Services Branch of AAV has responsibility for the 1 National Native Title Tribunal Website: www.nntt.gov.au/ILUA October 2000 Page 18
Page 1 and 2: Appendix 1 Common names, scientific
Page 3 and 4: Threatened flora Appendix 1 Aust EP
Page 5 and 6: Threatened flora Appendix 1 Aust EP
Page 7 and 8: Near threatened flora Appendix 1 Au
Page 9 and 10: Near threatened flora Appendix 1 Au
Page 11 and 12: Other flora lightwood Acacia implex
Page 13 and 14: Appendix 2 Mapping of EVCs Once EVC
Page 15 and 16: EVC Name Structure Main Canopy Spec
Page 17 and 18: EVC Name Structure Main Canopy Spec
Page 19 and 20: Appendix 3 Column 4: Percent Remain
Page 21 and 22: MNAC Report on the ECC Box-Ironbark
Page 23 and 24: ECC and MNAC MNAC Report on the ECC
Page 25 and 26: Worrkshops MNAC Report on the ECC B
Page 35: Legi isl latti ive MNAC Report on t
Page 39 and 40: Generral l MNAC Report on the ECC B
Page 41 and 42: Employment MNAC Report on the ECC B
Page 49 and 50: Regi ional l parrk Commentts on tth
Page 51 and 52: Appendix 5 Appendix 5 Potential Soc
Page 53 and 54: Potential Social and Economic Effec
Page 55 and 56: Nevertheless, the Box-Ironbark fore
Page 67 and 68: Regional impacts of gold losses The
Page 73 and 74: Environment Conservation Council -
Page 83 and 84: Appendix 7 Members of the Box‐Iro
Page 85 and 86: Appendix 8 Appendix 8b: Summary of
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Environment Conservation Council -
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Appendix 11 Tables of area recommen
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E Historic and cultural features re
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18 Other public land use categories
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Appendix 11 Rec No. Crown descripti
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Appendix 11 Rec No. Crown descripti
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Appendix 11 Rec. No. Water producti
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Appendix 11 • J6 Yundool Hall: ma
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Appendix 11 N Uncategorised public
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Appendix 12 Suggested format for Co
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Appendix 13 Details of the Box‐Ir
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In the model, harvesting and mortal
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Appendix 14 Tree hollows in the Box
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Appendix 1 - Victorian Environmental Assessment Council

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