❓ A WA parliamentary question addresses public notification of land reservations for conservation in the Kimberley, focusing on native title considerations, cooperative vs. joint management with Aboriginal claimants, and the role of the Kimberley Land Council.
AnsweredQoN 749Legislative Assembly
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(2) What changes will be made to the processes and procedures for public notification of future planned reservations of Unallocated Crown Land for conservation in the Kimberley which are subject to native title determination applications? (3) If no changes are planned, why is this the case? (4) Does the Premier accept that there is a significant difference between the co-operative management arrangements which he has foreshadowed and the joint management arrangements which the native title applicants are seeking? (5) If not, why not? (6) Is the Premier prepared to support the request of the native title claimants for joint management? (7) If not, why not? (8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister
AnswerView source ↗
Answered
14 November 2000
Response time
56 days
(1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(3) If no changes are planned, why is this the case? (4) Does the Premier accept that there is a significant difference between the co-operative management arrangements which he has foreshadowed and the joint management arrangements which the native title applicants are seeking? (5) If not, why not? (6) Is the Premier prepared to support the request of the native title claimants for joint management? (7) If not, why not? (8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(4) Does the Premier accept that there is a significant difference between the co-operative management arrangements which he has foreshadowed and the joint management arrangements which the native title applicants are seeking? (5) If not, why not? (6) Is the Premier prepared to support the request of the native title claimants for joint management? (7) If not, why not? (8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(5) If not, why not? (6) Is the Premier prepared to support the request of the native title claimants for joint management? (7) If not, why not? (8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(6) Is the Premier prepared to support the request of the native title claimants for joint management? (7) If not, why not? (8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(7) If not, why not? (8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(3) If no changes are planned, why is this the case? (4) Does the Premier accept that there is a significant difference between the co-operative management arrangements which he has foreshadowed and the joint management arrangements which the native title applicants are seeking? (5) If not, why not? (6) Is the Premier prepared to support the request of the native title claimants for joint management? (7) If not, why not? (8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(4) Does the Premier accept that there is a significant difference between the co-operative management arrangements which he has foreshadowed and the joint management arrangements which the native title applicants are seeking? (5) If not, why not? (6) Is the Premier prepared to support the request of the native title claimants for joint management? (7) If not, why not? (8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(5) If not, why not? (6) Is the Premier prepared to support the request of the native title claimants for joint management? (7) If not, why not? (8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(6) Is the Premier prepared to support the request of the native title claimants for joint management? (7) If not, why not? (8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(7) If not, why not? (8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(8) How will the Premier s envisioned negotiated co-operative management arrangements be implemented in the context of the native title process? (9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(9) Will such negotiations involve the native title representative body for the region, the Kimberley Land Council, as the legal representative for the native title applicants? (10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(10) If not, why not? (11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(11) Will such negotiations integrate the recognition of Aboriginal connection to country with the sharing of management responsibilities? (12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
(12) If not, why not? Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
Answered on 14 November 2000 The Minister Replied: (1) The Ministry received advice from CALM about the previous and current tenure of the areas under consideration for the creation of parks. The Ministry was also advised that CALM has written to the Kimberley Land Council (KLC) on the matter. The Native Title Act (NTA) contains no provisions for notification in respect of the creation of conservation estate or for claimants consent. The actions taken in the creation of the Parks have not impacted upon native title, and, in fact, native title, if any existed, would be protected. If the State has done what the KLC has suggested, native title would have been extinguished. (2) & (3) It is not intended to make any changes to processes and procedures concerning the creation of parks in the Kimberley or anywhere else in the State. The State will follow any processes prescribed by the Native Title Act (NTA) as appropriate. (4) & (5) The Government has offered the claimants joint participation in the management of the Parks together with CALM, and involvement on Park Councils. The joint management, as demanded by the KLC, would involve claimants having "first say" and "control of the Parks". This would have a major impact on the operation of the Parks and not be in the interest of good management of the conservation estate. (6) & (7) No, if such "joint" management would mean, as contemplated by the KLC, giving control of a public asset, such as national parks, to one group of the community. (8) The co-operative management arrangements do not require compliance with any native title processes. The Government will continue to act consistent with State and Commonwealth laws so as to protect the conservation estate, and involve Aboriginal people in a way which is consistent with policy and which enhances the management of the conservation values and is appropriate for the parks and the community. There are already models in operation in the State such as Karijini. (9) & (10) The Government has had numerous communications with the KLC on these matters. If the relevant Aboriginal groups wish for the KLC to continue to be involved, the State has no objection. However, as such discussions are not part of any NTA processes, the KLC`s role as a representative body under the Native Title Act, and a legal representative for native title claimants, is not the determining factor for its involvement. (11)& (12) The Government`s position is that Aboriginal connection to the country may be recognised through determination of native title claims as appropriate. This process is independent from discussions of co-operative management issues which can take place regardless if traditional connection can be proved to exist or not.
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