CONSULTATION NOTES: 1. These guidelines form part of a broader package which has been released for public comment and
should be read in conjunction with: a. The draft revised Environmental impact management policy: permission system (Permission
system policy) explains how the management of the permission system ensures consistency, transparency and achievement of the objects of the Act.
b. The draft Risk assessment procedure explains how GBRMPA determines risk level and the need for avoidance, mitigation or offset measures.
c. The draft Guidelines: Applications for permission (Application guidelines) explain when permission is required and how to apply.
d. The draft Checklist of application information proposes information required to be submitted before an application is accepted by GBRMPA.
e. The draft Guidelines: Permission assessment and decision (Assessment guidelines) explain how applications are assessed and decisions made.
f. The draft Information sheet on deemed applications under the Environment Protection and Biodiversity Conservation Act (EPBC deemed application information sheet) explains how application, assessment and decision processes work for those applications that require approval under both the Great Barrier Reef Marine Park Act and the Environment Protection and Biodiversity Conservation Act (EPBC Act).
g. The draft Information sheet on joint Marine Parks permissions with Queensland (Joint Marine Parks permissions information sheet) explains how GBRMPA and the Queensland Government work together to administer a joint permission system.
h. The draft Guidelines: Value impact assessment in the permission system (Value assessment guidelines) provide further detail on specific values of the Marine Park, including how to determine risk and possible avoidance, mitigation or offset measures.
i. The draft Guidelines: Location-specific assessment in the permission system (Location-specific assessment guidelines) highlight places in the Marine Park that have site-specific management plans, policies or other information which may be relevant to decisions.
j. The draft Guidelines: Activity impact assessment in the permission system (Activity assessment guidelines) provide further detail on how GBRMPA assesses and manages specific activities.
k. The Managing facilities discussion paper and draft Guidelines: Activity impact assessment in the permission system – Fixed facilities propose changes to how GBRMPA manages facilities in the Marine Park.
2. Amendments are underway to the Great Barrier Reef Marine Park Regulations 1983, as outlined in the Response Document prepared after consultation in December 2015. These guidelines have been written to reflect the proposed amendments.
3. You can provide feedback on this document via our online survey, which can also be accessed from our webpage at www.gbrmpa.gov.au/zoning-permits-and-plans/permits/improving-permissions.
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Purpose
1. Permission decisions contribute to maintaining and enhancing the Indigenous heritage values of the Great Barrier Reef Marine Park.
Context
Description of the values
2. Over thousands of years, Traditional Owners have developed a strong bond with the Great Barrier Reef. This bond encompasses a range of cultural and spiritual connections with their land and sea country, which is deeply valued and treasured.
“The sea, its natural resources and our identity as Traditional Owners, are inseparable… Our ancestors have hunted and fished in this sea country since time immemorial…’
1
3. In this document, the term Indigenous includes both Aboriginal and Torres Strait Islander people. Through historical events of dispossession and displacement, many Indigenous people have lost their direct connection to their country. Individuals and families may still have interests in historic, spiritual or cultural values. For example, they may have a personal or family history of involvement with a place, such as a mission or massacre site.
4. Traditional Owners are people who still maintain connection to and responsibility for caring for particular country, through membership in a descent group or clan. There are more than 70 Traditional Owner clan groups along the Great Barrier Reef.
5. Areas of country belonging to a particular group are called estates. Many sea country estates, and all adjacent coastal estates, have been mapped to particular Traditional Owner groups who can be contacted for information about Indigenous heritage in particular areas.
6. The Great Barrier Reef Outlook Report 2014 (Outlook Report) defines Indigenous heritage values as the heritage values of significance to Indigenous people in accordance with their practices, observances, customs, traditions, beliefs or history.
2
7. For the Great Barrier Reef Region Strategic Assessment: Strategic Assessment Report 2014 (Strategic Assessment) and the Outlook Report, Indigenous heritage values were grouped into four broad categories. There is usually overlap between the four types of Indigenous heritage values. These four categories are used throughout these guidelines:
a. sacred sites, sites of particular significance and places important for cultural tradition b. Indigenous structures, technology, tools and archaeology c. stories, songlines, totems and languages d. cultural practices, observances, customs and lore.
8. Indigenous heritage values are connected TO and inter-related with other types of values and should be considered holistically. Trying to consider Indigenous heritage values on their own, without reference to related biophysical, social and historic heritage values, risks overlooking cumulative impacts and incremental changes.
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EXAMPLE
A fish trap may be classified as an Indigenous structure, but through its maintenance for centuries it may also be a site of particular significance, a place important for cultural tradition, have stories associated with its use, and support cultural practices and customs.
Sacred sites, sites of particular significance and places important for cultural tradition
9. Sacred sites, sites of particular significance and places important for cultural tradition refer to place-based Indigenous heritage.
10. Sacred sites are places often relating to creation events, dreaming tracks or songlines travelled by spiritual beings during the creation period. These are most often taboo and not publically known.
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11. Sites of particular significance include contemporary sites such as sites of protest, disquiet and historical significance. They also include historical usage sites, such as middens and fish traps, and land and sea boundaries which distinguish language groups.
12. Places important for cultural tradition include places important for resources, such as breeding grounds and fishing areas. Seasons, movements of animals and weather conditions can be used as signals and are often linked to stories and songlines.
13. Many of the sites in the Great Barrier Reef are now underwater, from tens of thousands of years ago when sea levels were up to 130 metres lower than current levels.
EXAMPLES
Sacred sites may be creation or resting places for ancestral spirits, places that contain healing 1.water and medicinal plants, burial grounds, traditional tracks of Indigenous peoples’ movements or sites associated with special events.
The flowering of the kapok tree on Magnetic Island is a sign that it is time to fish for mackerel, thus 2.the trees form a place important for cultural tradition to continue.
Indigenous structures, technology, tools and archaeology
14. Indigenous structures, technology, tools and archaeology refer to objects that were used for daily activities, such as hunting, cooking, collecting, boating and fishing.
15. Tools, implements and technologies reflect the geographic location of each group, the environmental resources at their disposal and their trading interactions with other groups.
EXAMPLES
Fish traps (including disturbed ones), middens, stone axes, cooking implements, baskets, shelters, pottery, quarries, sharpening rocks, cooking stones and shells, grinding grooves, stone chipping areas, trail markers, underwater structures (which were once above sea level), burial grounds, living areas, boundary markers, trees (evidence of historic woodlands), canoes, rock structures, rock art, scarred trees from bark removal.
Stories, songlines, totems and languages
16. Stories, songlines, and languages, as well as music and dance, are expressive social activities that are part of Indigenous heritage and identity and an integral aspect of ceremonies. These media are used to pass down cultural information, such as knowledge of the environment and the responsibility to maintain all living species, places or objects in a sustainable manner. They are used to teach, form part of people’s inheritance and are also for enjoyment.
17. A totem is a natural object (such as a plant, animal or physical force like wind) that is adopted as a family or clan’s spiritual emblem. Different clans are assigned different totems, and in some cases individuals are given personal totems at birth. Indigenous people play an active role in managing their totem, both physically (such as by protecting its condition) and spiritually (such as by conducting ceremonies). Totems are closely linked to expressions in song, dance, music and on cultural implements.
EXAMPLE
The Yama (diamond stingray) is one of the totems of the Wuthathi tribe (Shelbourne Bay of Cape York), therefore an activity that may impact on this totem species within the Wuthathi sea country area would be of concern for the Traditional Owners.
Cultural practices, observances, customs and lore
18. Cultural practices, observances, customs and lore refer to systems and processes of lore or law, skills, folklore, rituals, religious beliefs and intellectual traditions, passed down from generation to generation.
19. These include traditional hunting, seasonal and cultural use of resources, and control of access to sea country.
NOT GOVERNMENT POLICY – Draft for discussion
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20. In addition, plants and animals may hold significant cultural values. The most significant are referred to as ‘cultural keystone species’ for the fundamental role they play in certain Traditional Owner group’s cultural practices, including through diet, materials, medicine, totems and stories.
EXAMPLES
Interconnections between Indigenous heritage values
1. Hunting of turtles and dugongs is an important cultural tradition of most Great Barrier Reef Traditional Owners. The values surrounding the hunting include the ceremony and authorisation process by elders prior to the hunt, the animals, the seagrass and ecosystem that supports them, the passing on of the skills and knowledge involved in the hunting itself, the hunting, and the dances and ceremonies associated with the feast.
2. Mandingalbay Yidinji Traditional Owners, like other coastal Aboriginal groups in the Cairns area,
developed a wide range of technologies from local material for use in hunting, fighting, making substantial shelters, baskets, fish traps and tools. Well into the twentieth century, single outrigger canoes were used extensively for fishing, hunting and travelling. Traditional Owners of the Whitsunday Islands, the Ngaro peoples, built sturdy three-piece bark canoes that were capable of open sea journeys. In examples such as the use of canoes, protection of heritage values would include protecting the trees providing the raw materials, the language and customs to pass on the knowledge, any archaeological artefacts like scar trees or fish traps, and potentially places such as songlines and fishing grounds used during the journeys.
3. The totem of the Woppaburra people is the ‘Mugga Mugga’ (humpback whale). Indigenous values
would include the whales, their feeding grounds and migration routes, the songlines and stories associated with the totem, and potentially sacred sites associated with the creation stories.
Importance to the Marine Park
21. The preservation of Indigenous heritage values in the Great Barrier Reef is of great importance for Indigenous people, for the conservation of the Great Barrier Reef, and for national and international identity and heritage. Indigenous heritage is irreplaceable, and once lost or damaged is lost to humankind.
22. Continuing traditions require intact Indigenous heritage values. Cultural connection is the key to preserving the connection between the past, present and future. It also establishes a firm sense of self, self-identity and most importantly, a connection to place and kin.
Traditional hunting is provided for in Section 211 of the Native Title Act 1993.
Welcome to Country by Woppaburra Traditional Owners of the Keppel Islands region
Mugga Mugga is the language name and totem of the Woppaburra people. Photographer K. Hoppen
The dugong is a culturally significant animal in the lives and economies of indigenous communities. Photographer D.Perrine
NOT GOVERNMENT POLICY – Draft for discussion
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Vital for Indigenous wellbeing
23. The preservation of and access to Indigenous heritage is vital for Traditional Owners’ spirituality, identity, health, culture and lore. Evidence of Indigenous sea country connection with the Great Barrier Reef region goes back over 60,000 years. Today, the approximately 70 Traditional Owner clans maintain ancient and contemporary cultural practices and customs and use and pass information and knowledge across generations.
24. Connection to culture increases self-esteem and health outcomes in Indigenous communities.5
25. The preservation of and access to places and objects are necessary to maintain cultural practices and customs and fulfil obligations under lore. Stories, songs, dance, dress, art and language connect people to a place, clan group or time. They provide history, learning and perspective, and pass on both cultural and natural resource management knowledge.
Important for the environment
26. The preservation and practice of Indigenous heritage also has significant environmental benefits, as Indigenous heritage is entwined with environmental management. Many sites of significance are areas of great importance for the conservation of biodiversity across land and sea country. The stewardship role played by Traditional Owners is for both protecting the spiritual connections between people and the earth and to conserve biodiversity.
27. The traditional ecological knowledge held by Indigenous knowledge holders, gained through practices which have evolved over thousands of years, offers many lessons for protection and sustainable use of the Marine Park. Important skills and traditional ecological knowledge are passed down from one generation to the next through cultural practices.
28. This is internationally recognised under the United Nations Declaration on the Rights of Indigenous Peoples (2008). The Declaration recognises that Indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment.
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EXAMPLE
Controlling use of and access to sea country estates by Traditional Owners regulates resource use based on cultural practices and belief systems.
Important for Australia
29. Indigenous heritage is important to all Australia because of its historical and anthropological value. It forms part of a ‘rich natural and cultural heritage that underpins our sense of place and national identity and makes a positive contribution to the nation’s wellbeing’.
7 Australia is home to one of the richest and
oldest continuing cultures in the world, including a diversity of cultures within our First Australian nations.
30. The Great Barrier Reef formed in the presence of Indigenous people. Their heritage contains valuable knowledge from huge time scales. Archaeological sites document past Indigenous use of the Region and its islands and coast and show the connections between coastal and hinterland Indigenous people, such as trade links. Ancient rock art sites help chronicle the history and heritage of Indigenous people, while oral histories transferred through time deliver traditional knowledge and understanding about tools or technology, structures and archaeology sites.
EXAMPLE
Indigenous people follow the same seasonal patterns as their ancestors. The transfer of these skills and knowledge means different resources continue to be exploited at different times of the year. Seasonal and cultural use of marine resources and the opening or closing of harvesting seasons according to ecological events (for example, flowering of particular plants or the arrival of migratory bird species) continue to be practised by Great Barrier Reef Traditional Owners.
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Important for humankind
31. The Indigenous heritage of the Great Barrier Reef region is important to all humankind, being recognised as being of universal value. The strong ongoing links between Traditional Owners and their sea country is one of the attributes recognised as contributing to the Outstanding Universal Value of the Great Barrier Reef as a World Heritage Area,
2 protected under the World Heritage Convention 1972.
32. Natural sites held as sacred to people’s spirituality are under threat across the world, being poorly understood and protected, and often ignored, affecting the fundamental rights of local cultures.
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Management
33. Refer to Appendix A for a full list of related legislation, standards and policy. This section explains those that are most commonly used in managing Indigenous heritage.
Zoning and Legislation
34. The Indigenous heritage values of the Marine Park are protected by both international (Convention for the Protection of the World Cultural and Natural Heritage, 1972) and national legislation (Great Barrier Reef Marine Park Act 1975 and Environment Protection and Biodiversity Conservation Act 1999).
35. Indigenous heritage contributes to the Outstanding Universal Value of the World Heritage Listing of the Great Barrier Reef under the World Heritage Convention 1972.
2 Australia is obligated to protect the
Outstanding Universal Values of World Heritage listed places. Strong on-going linkages between Traditional Owners and the Great Barrier Reef form part of the suite of attributes associated with the inscribed natural heritage values.
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36. The Great Barrier Reef Marine Park Act 1975 (the Act) specifically includes the protection and conservation of heritage values in its main object. A secondary object of the Act is to allow for cultural activities and research in relation to cultural systems and values of the Great Barrier Reef Region.
37. Traditional Use of Marine Resources Agreements (TUMRAs) can be accredited by the Great Barrier Reef Marine Park Authority (GBRMPA) under the Great Barrier Reef Marine Park Regulations 1983 (the Regulations) and the Great Barrier Reef Marine Park Zoning Plan 2003 (the Zoning Plan). TUMRAs describe how Traditional Owner groups partner with the Australian and Queensland governments to manage traditional use activities on their sea country. See Guidelines: Applications for permission (Application guidelines) and Guidelines: Permission assessment and decision (Assessment guidelines) for more information.
38. Part 5 of the Zoning Plan allows certain traditional uses without the need for TUMRA accreditation or written permission.
39. Traditional Owners may have specific rights under the Native Title Act 1993 that override the need for GBRMPA permission. See the section on Native Title Notification in the Assessment guidelines for information on how GBRMPA complies with Future Act Notice requirements in the Native Title Act.
Policy
40. GBRMPA’s Heritage Strategy (2005) outlines actions to identify, assess and monitor the Marine Park's heritage values, including Indigenous heritage. This includes developing a heritage register and heritage management plans for individual sites.
41. GBRMPA’s Position statement on indigenous participation in tourism and its management is relevant for tourism proposals.
42. The Australian Heritage Committee’s Ask First: a guide to respecting Indigenous heritage places and values (2002) stresses the importance of allowing the relevant Indigenous people to determine the significance of values in accordance with their culture before agreeing to how heritage values should be managed.
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43. The Australian Department of the Environment and Energy’s Engage early – guidance for proponents on best practice Indigenous engagement for environmental assessments under the Environment Protection and Biodiversity Conservation Act 1999 (2016) is a useful short reference.
Management objectives
44. The joint Queensland and Commonwealth Reef 2050 Long-term Sustainability Plan responds to the challenges facing the Marine Park and presents actions to protect its values, health and resilience while allowing ecologically sustainable use. It addresses the findings of the Outlook Report and builds on the Strategic Assessment.
45. The Strategic Assessment and the Outlook Report concluded that Indigenous heritage values in the Region are in poor condition and deteriorating (refer to Table 1). Specifically, the Outlook Report found: a. Traditional Owners with connections to the Region maintain their cultural practices and customs. b. Places of Indigenous heritage values have not been systematically identified (so are unknown
other than by the Indigenous knowledge holders) and many have deteriorated, especially around developed areas and on islands.
c. Some species of cultural significance are under pressure. d. Story, language and songlines are being affected by activities in the Region.
Table 1. Summary assessment of Indigenous heritage value condition, trend and overall management objective based on the Outlook Report 2014 and the Great Barrier Reef Region Strategic Assessment Report.
Common assessment considerations
46. GBRMPA’s website lists Traditional Owner partners who have an accredited TUMRA and can speak for country. It also contains a list of traditional owner groups and their spatial affiliation to assist with contacts for more information.
47. Most information about Indigenous heritage is held by Traditional Owners. For intellectual property and cultural reasons, information may not be disclosed to government agencies and as such is not routinely recorded or held by GBRMPA. Information maintained by Traditional Owners may reside in knowledge keepers themselves, or within formal documentation systems managed by Traditional Owner groups. Release of knowledge must be through an authorisation process governed by Traditional Owners as the knowledge holders.
48. Story place is a GBRMPA reference database that shares information and knowledge about Traditional Owners and their relationship with land and sea country in the Great Barrier Reef region.
49. Traditional Owners have rights and interests in specific Indigenous heritage values and need to be involved in the assessment of activities that might impact on those values. Through membership in a descent group or clan, Traditional Owners have responsibility for caring for a particular area of country and are authorised to speak for their country and its heritage. It is vitally important during an assessment process in a particular area that the right person speak for the right country, otherwise any authority given is invalid.
Value Current Condition
Trend Management Objective
Sacred sites, sites of particular significance and places important for cultural tradition
Poor Deteriorating Improve
Indigenous structures, technology, tools and archaeology
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Links to other values
Biophysical Values
50. Maintaining and improving Indigenous heritage values is inherently connected to the health of the Great Barrier Reef ecosystems.
51. Biophysical values are fundamental to Indigenous peoples’ connection to land and sea country. Impacts on the biophysical environment degrade and impact on Indigenous heritage values.
2 Indigenous
peoples have custodial responsibilities as part of their lore which tie them to country, thereby ensuring the maintenance of spiritual, cultural, biological and other values of such sites.
52. Refer to each individual value assessment guidelines for more information.
Social values
53. Indigenous people and Traditional Owners form important sections of most communities, and their unique social needs should be considered during any social impact assessment. Some particularly strong links include:
a. The social value of ‘human health’ should consider opportunities for maintaining and enhancing those things that strengthen the physical and mental health of Indigenous people – for example, access to healthy food and the ability to maintain cultural traditions.
b. The social value of ‘employment and income’ should consider opportunities for enhancing Traditional Owner involvement, such as through direct and indirect employment arising from the proposed project.
c. The social value of ‘personal connection’ should consider the unique personal connections that Traditional Owners have with their country and explore opportunities for removing barriers.
54. Refer to Guidelines: Social impact assessment in the permission system (Social value assessment guidelines) for more information.
Historic heritage values
55. Historic heritage relates to the occupation and use of an area since the arrival of Europeans and other migrants. It illustrates the way in which the many cultures of Australian people have modified, shaped and created the cultural environment.
56. Traditional Owners were severely impacted by colonisation, and many Indigenous heritage values declined during and following that period in Australian history. Stories and sites associated with colonisation are reminders of this difficult time and link present generations to their ancestors.
57. Indigenous Australians have served in the Australian armed forces in most conflicts since the start of last century, including World War I and II.
9 During World War II, large numbers of Australian and foreign
forces were based throughout the Great Barrier Reef region, interacting with Traditional Owners both positively and negatively.
58. More recent history also forms part of Indigenous heritage values, for example campaigns for Indigenous recognition and rights from 1960 onwards.
59. Refer to Guidelines: Historic heritage impact assessment in the permission system (Historic heritage value assessment guidelines) for more information on World War II features and sites, historic voyages and shipwrecks, and other places of historic significance.
Hazards
60. The Risk assessment procedure lists the most common potential hazards to the values of the Marine Park. Those that are most likely to impact directly on Indigenous heritage values are:
a. Change in access – Increasing use of a site could provide new opportunities for Traditional Owners to teach others about their country. On the other hand, more people visiting a site could restrict cultural practices or damage sacred sites.
a. Change in aesthetics – Change in the look or feel of a site could interrupt stories or songlines. b. Change in employment/income – New jobs could be created on country for Traditional Owners.
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c. Contamination of air, water or sediment – Any degradation of the natural environment may have flow-on impacts to Indigenous heritage values.
d. Direct damage, removal or destruction of non-living things – Damaging or removing an artefact could cause irreversible loss of Indigenous heritage at that site.
e. Direct death or removal of living things – Intentional or unintentional killing or removal of a totem plant or animal might be of concern, depending on the group and the level of take. Flow-on impacts are also likely, for example removing seagrass to construct a new harbour may impact local fish, turtle or dugong populations on which a group relies.
f. Direct injury or disturbance of living things – Intentional or unintentional injury or disturbance to wildlife may impact on places important for cultural tradition; stories, songlines, totems; cultural practices, observances, customs and lore.
Permission Type
61. Common permission types likely to cause impacts on Indigenous heritage values are discussed briefly below. Refer to GBRMPA’s Risk assessment procedure for more information.
Carrying out works – dredging, dumping of spoil, harbour works, reclamation
62. Indigenous heritage sites and artefacts may be damaged if they exist in the proposed area. This is also true for intangible aspects of Indigenous heritage – for example, dredging a channel may interrupt a storyline or songline.
63. Changes in hydrodynamics may cause sites or artefacts to be buried or eroded.
Conducting a tourism program
64. Increased visitation may be in conflict with the values of sacred sites.
65. The presence of visitors may restrict or impede some cultural practices.
66. Tourism programs may also create new opportunities to educate others about Indigenous values.
Operating a facility
67. Indigenous heritage sites and artefacts may be damaged if they exist in the proposed area.
68. Facilities that cause changes in hydrodynamics (such as breakwaters) may cause sites or artefacts to be buried or eroded.
69. Some facilities may enhance Traditional Owner access to country, for example jetties or boat ramps, and therefore strengthen Indigenous heritage values. Such benefits should be maximised while negative impacts are minimised.
Research
70. Cultural or historic heritage research may physically disturb a site as a result of surveying or mapping activities.
71. Archaeological research may result in the handling or even the removal of artefacts, if they cannot be conserved in place.
72. Biophysical research often involves taking samples of plants, animals, water and sediment. Depending on the species and amounts taken, this may impact on Indigenous heritage values.
73. Research may have positive impacts on Indigenous Heritage values such as increasing overall understanding of the cultural and biophysical values when Traditional Owners and researchers share scientific and traditional ecological knowledge.
74. Traditional Owners may have particular interest in the research being conducted and become directly involved in research and monitoring, for example research involving their totem species, to understand the population change and migratory patterns or monitoring of marine habitats.
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Mitigation and monitoring
75. Traditional Owners should be involved from an early stage in identifying potential impacts and evaluating possible ways to avoid or mitigate these impacts.
76. Indigenous heritage value monitoring standards are being established through the Reef Integrated Monitoring and Reporting Program. Where GBRMPA standards have not yet been established, applicants should use best available knowledge, founded on consultation with Traditional Owners, to propose how they will monitor for changes to Indigenous heritage values.
EXAMPLE
Some possible mitigation measures might include: a. interviewing elders and checking historical documents to identify significant sites b. conducting a pre-disturbance cultural heritage survey c. agreeing exclusion zones or times with Traditional Owners to protect significant sites or to avoid
disrupting cultural practices d. maximising opportunities for Traditional Owner employment e. designing facilities to improve Traditional Owner access to country while avoiding significant sites f. educating people about Indigenous heritage values, such as through signage or training for tour
guides g. acknowledging Indigenous names for sites or animals, for example when producing educational
materials or naming dive sites.
Consequence
77. Consequences are to be determined on a case-by-case basis in consultation with Traditional Owners, guided by GBRMPA’s Risk assessment procedure general scale for the severity of consequences:
a. Positive – The activity creates a long-term improvement in the condition or trend of the value. b. Negligible – Impacts are not noticeable or cannot be clearly linked to the activity. c. Minor – Some disruption/damage to a local value, but the impact is reversible. The community
has other opportunities or examples to appreciate the value. d. Moderate – Significant disruption/damage to a local heritage value which impacts on one
Traditional Owner group, but impact is reversible; or minor impacts on multiple values or multiple Traditional Owner groups.
e. Major – Disruption/damage to multiple local heritage values; or moderate impacts for multiple Traditional Owner groups.
f. Extreme – Irreversible loss of a value for any Traditional Owner group.
Assessment information
CONSULTATION NOTES: The draft Checklist of application information provides a list of information that is proposed to be required before an application is accepted as valid. Following public consultation, the application forms will be updated to include the required information.
78. Additional information may be required depending on the type of activity. This is outlined based on the assessment process. Refer to the Application guidelines for more information on how assessment processes are determined.
79. The following information may also be needed to inform an assessment and decision:
a. results of Indigenous and social research or surveys b. an environmental management plan which includes a cultural heritage management plan c. evidence of consultation with Traditional Owners and the outcomes of this consultation.
80. Useful references include:
a. The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance, 2013 – Best practice guidance on the conservation and management of cultural heritage places in Australia.
b. Australian Heritage Strategy 2015 – Objective 9 is to focus protection efforts on Indigenous heritage.
c. The Queensland Cultural Heritage Register and Database has limited marine sites, however is a starting point for contacting the groups along the coastline.
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d. Search the National Native Title Register (maintained by the National Native Title Tribunal) to determine which Traditional Owners speak for the country.
e. Search the Department of the Environment site for information on Indigenous Heritage.
Implementation
81. These draft guidelines have been prepared for the purpose of seeking public feedback.
82. After the consultation closes, GBMRPA will consider public submissions in finalising the guidelines.
83. The final guidelines are planned for public release in July 2017, to coincide with amendments to the Regulations taking effect.
Definitions 10 Archaeology
Means the study of the material traces of the human past
Country
A term used by Indigenous people to refer to the land to which they belong and their place of Dreaming. Aboriginal language usage of the word country is much broader than standard English.
Culture
Means the accepted and traditionally patterned ways of behaving and a set of common understandings shared by members of a group or community; includes land, language, ways of living and working artistic expression, relationships and identity
Dreaming
The Dreaming has different meanings for different Indigenous groups. The Dreaming can be seen as an embodiment of Aboriginal creation which gives meaning to everything. It establishes the rules governing relationships between the people, the land and all things for Aboriginal people
Elder
Means a key person and keeper of various knowledge within Indigenous communities
Estate
Means an area of country belonging to a particular Indigenous group.
Indigenous
Refers to Aboriginal and Torres Strait Islander peoples or cultures of Australia.
Kinship
Means all relationships and being related to and belonging to the land.
Lore
Means the learning and transmission of a cultural heritage.
Mission
Means areas originally set up and governed by different religious denomination for Aboriginal people to live.
Totem
Means a natural object that is adopted as a family or clan’s spiritual emblem.
Traditional Owner
Means people who still maintain connection to and responsibility for caring for particular country, through membership in a descent group or clan
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Supporting information
1. Girringun Aboriginal Corporation 2005, Girringun Region Sea Country Statement; TUMRA accreditation manuscript for the Great Barrier Reef Marine Park Authority, Girringun Aboriginal Corporation, Cardwell.
2. GBRMPA 2014, Great Barrier Reef Outlook Report 2014, Australian Government.
3. Australian Heritage Commission 2002, Ask first: a guide to respecting Indigenous heritage places and values, Australian Heritage Commission, Canberra.
4. International Council on Monuments and Sites (ICOMOS) 2011, Guidance on Heritage Impact Assessments for Cultural World Heritage Properties, ICOMOS, France.
6. Australian Government Department of the Environment 2016, Engage Early Guidance for proponents on best practice Indigenous engagement for environmental assessments under the Environment Protection and Biodiversity Conservation Act 1999, Commonwealth of Australia.
7. Australian Government 2015, Australian Heritage Strategy, Commonwealth of Australia.
8. International Union for Conservation of Nature 2008, Sacred Natural Sites: Guidelines for Protected Area Managers, IUCN, United Kingdom.
9. Moremon, J. 2016, A brief history of Indigenous Australians at War. Australian Government Department of Veterans’ Affairs, Cited 2 August 2016, http://www.dva.gov.au/i-am/aboriginal-andor-torres-strait-islander/indigenous-australians-war.
10. Australian Museum 2015, Glossary of Indigenous Australian Terms, Australian Museum, Sydney, Cited 30 August 2016, http://australianmuseum.net.au/glossary-indigenous-australia-terms.
Further information Director - Environmental Assessment and Protection
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Appendix A – List of all related Legislation, Standards and Policy
GBRMPA legislation and policy
1. Great Barrier Reef Marine Park Act 1975 (the Act)
2. Great Barrier Reef Marine Park Regulations 1983 (the Regulations)
3. Great Barrier Reef Marine Park Zoning Plan 2004 (the Zoning Plan)
4. Great Barrier Reef Marine Park (Aquaculture) Regulations 2000
5. Great Barrier Reef Intergovernmental Agreement
6. Great Barrier Reef Marine Park (Environmental Management Charge-General) Act 1993
7. Great Barrier Reef Marine Park (Environmental Management Charge-Excise) Act 1993
8. Environment Protection (Sea Dumping) Act 1981
9. Cairns Area Plan of Management 1998
10. Hinchinbrook Plan of Management 2004
11. Whitsundays Plan of Management 1998
12. Shoalwater Bay (Dugong) Plan of Management 1997
13. Policy on Moorings in the Great Barrier Reef
14. Cruise Shipping Policy for the Great Barrier Reef Marine Park (under review)
15. Managing Tourism Permissions to Operate in the Great Barrier Reef Marine Park (including Allocation, Latency and Tenure)
16. Policy on Managing Bareboat Operations in the Great Barrier Reef Marine Park
17. Marine Tourism Contingency Plan for the Great Barrier Reef Marine Park
18. Managing Scientific Research in the Great Barrier Reef Marine Park
19. Managing Activities that Include the Direct Take of a Protected Species from the Great Barrier Reef Marine Park
20. Operations Policy on Whale and Dolphin Conservation in the Great Barrier Reef Marine Park
21. Dredging and Spoil Disposal Policy
22. Dredging coral reef habitats policy
23. Sewage Discharges from Marine Outfalls to the Great Barrier Reef Marine Park
24. Guidelines on Coral Transplantation
25. Guidelines for the Emergency Disposal of Foreign Fishing Vessels
26. Guidelines for the Management of Artificial Reefs in the Great Barrier Reef Marine Park
27. Guidelines for Managing Visitation to Seabird Breeding Islands
NOT GOVERNMENT POLICY – Draft for discussion
D R A F T G u i d e l i n e s - Indigenous heritage value assessment
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28. Management of Commercial Jet Ski Operations Around Magnetic Island
29. Indigenous Participation in Tourism and its Management
30. Permits Information Bulletin – No Structure Sub-Zones
31. Guidelines for the Use of Hydrodynamic Numerical Modelling for Dredging Projects in the Great Barrier Reef Marine Park
32. Great Barrier Reef Outlook Report (the Outlook Report)
33. Great Barrier Reef Region Strategic Assessment Report (the Strategic Assessment)
34. Great Barrier Reef Region Strategic Assessment Program Report (the Program Report)
35. Great Barrier Reef Marine Park Authority Vulnerability Assessments
Other Commonwealth legislation and policy
1. Environment Protection and Biodiversity Conservation Act 1999
2. Significant Impact Guidelines 1.1 – Matters of National Environmental Significance
3. Species Threats and Profiles Database and EPBC Act Recovery Plans as relevant
4. Environment Protection (Sea Dumping) Act 1981
5. Sea Installations Act 1987
6. Historic Shipwrecks Act 1976 - prohibits certain activities in relation to historic shipwrecks and relics and requires discoveries to be notified.
7. Native Title Act 1993 - provides for a number of important aspects of native title, including the recognition and protection of native title and a mechanism for determining claims to native title.
8. Protection of the Sea (Prevention of Pollution from Ships) Act 1983 - is the responsibility of the Department of Infrastructure, Transport, Regional Development and Local Government together with the Australian Maritime Safety Authority.
9. Privacy Act 1988
10. Public Governance Performance and Accountability Act 2013 (PGPA Act)
Queensland Legislation
1. Marine Parks Act 2004
2. Marine Parks Regulations 2006
3. Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004
4. Transport Operations (Marine Safety) Act 1994
5. Fisheries Act 1994
6. Sustainable Planning Act 2009
7. Coastal Protection and Management Act 1995 (Qld)
