Register of Aboriginal Owners and Joint Management of National Parks
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History and Purpose
The Aboriginal ownership and joint management of national parks in NSW is a legal right available to Aboriginal people since 1997. Joint management was identified in the 1990 Millstream Recommendations, and in recommendation 315 of the 1991 report of the Royal Commission into Aboriginal Deaths in Custody as a desirable outcome for Aboriginal people to increase involvement in the management of their land.
In NSW joint management is set out under Part 4A of the National Parks and Wildlife Act 1974 (NSW). The purpose of joint management is to create a partnership between Aboriginal people and the Government to manage land of cultural significance and high conservation value. Title to the lands is transferred to an Aboriginal Land Council and the land is leased to the Minister for the Environment who pays an annual rent for the lease of the lands. Aboriginal Owners are central to the joint management of these lands by being a majority on boards of management that are set up by the scheme.
Register of Aboriginal Owners
Aboriginal owners are those people whose name is entered in the Register of Aboriginal Owners by the Registrar, Aboriginal Land Rights Act 1983 (NSW). Under this Act the Registrar is required to keep a Register of Aboriginal Owners of land. The Registrar must give priority to registering Aboriginal people for lands listed in Schedule 14 to the National Parks and Wildlife Act 1974 or land subject to a land claim under 36A of the Aboriginal Land Rights Act 1983. Currently, there are registered Aboriginal owners for Mutawintji National Park, Mount Grenfell Historic Site, Biamanga and Gulaga National Parks and Stockton Bight. The Register does not close.
1. Lands listed on Schedule 14 of the National Parks and Wildlife Act 1974
There are currently 7 areas of conservation reserve identified as culturally significant to Aboriginal people and of high conservation value. These lands are listed in Schedule 14 to the National Parks and Wildlife Act 1974:
2. Lands subject to an Aboriginal Land Claim under 36A of the Aboriginal Land Rights Act 1983
Lands that are claimed by an Aboriginal Land Council and are refused because they are needed for the essential public purpose of nature conservation may come under a joint management arrangement in accordance with section 36A of the Aboriginal Land Rights Act 1983. There are currently 2 areas of land subject to 36A:
