Lama Lama Indigenous Management Agreement
|Date: ||10 July 2008|
|Sub Category:||Indigenous Management Agreement (Aboriginal Land Act) (Queensland)|
|Location:||Cape York Peninsula, Queensland, Australia|
|The Lama Lama Indigenous Management Agreement relates to the joint management of the Lama Lama National Park (Cape York Peninsula Aboriginal Land), which is located south-east of Coen in the state of Queensland. This national park was formed through the transfer of title over more than 110,000 hectares of land to the Lama Lama People. |
|Alternative Names:||Indigenous Management Agreement (IMA) between the Lama Lama Land Trust and the State of Queensland|
|Subject Matter:||Collaboration / Partnership | Cultural Heritage | Environmental Heritage | Land Management|
|Summary Information: |
|The Lama Lama Indigenous Management Agreement (IMA) was signed on 10 July 2008 by representatives of the Lama Lama Land Trust and the State of Queensland. The state government signatories were the Hon Andrew McNamara, the Minister for Sustainability, Climate Change and Innovation, and the Hon Craig Wallace, the Minister for Natural Resources and Water. The purpose of this IMA is to provide for the joint management of the Lama Lama National Park (Cape York Peninsula Aboriginal Land) by the Lama Lama Land Trust and the Environmental Protection Agency (Qld), which has now been incorporated into the Department of Environment and Resource Management (Qld). |
|Detailed Information: |
|General Overview of Indigenous Management Agreements|
The formation of an Indigenous Management Agreement (IMA) is a pre-requisite to the dedication of land as a National Park (Cape York Peninsula Aboriginal Land (CYPAL)) - a new class of protected area made possible by the introduction of the Cape York Peninsula Heritage Act 2007 (Qld). Pursuant to s 83G of the Aboriginal Land Act 1991 (Qld), an Indigenous Management Agreement must contain the following:
A description of the land;
A statement that the land will be managed as a National Park (CYPAL);
A statement as to how the land is proposed to be managed;
Details of any interim management arrangements;
A statement of the land management responsibilities of the Environment Minister and the chief executive, in keeping with the Nature Conservation Act 1992 (Qld);
A statement of the land management responsibilities of the grantees of the land;
Details of the process for developing a land management plan;
Details of areas where there may be restrictions on general public access;
Information about how any infrastructure on the land will be managed; and
A statement of how existing and future interests in the land will be managed.
Background to this Indigenous Management Agreement
The Lama Lama National Park was the first Aboriginal national park to be declared by the State of Queensland as part of a policy of acquiring properties of significant natural and cultural value on the Cape York Peninsula, for the purpose of preserving and returning them to their traditional owners. Consent for the declaration of this national park was given by the Lama Lama People and the State of Queensland through the signing of the Running Creek Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2008/016) and the Lilyvale Indigenous Land Use Agreement (National Native Title Tribunal File No. QI2008/017). These Indigenous Land Use Agreements (ILUAs) provided for the transfer of title over the Running Creek (Yaakarru) and Lilyvale (Tuulwa) Aboriginal freehold properties and the Lama Lama National Park (Cape York Peninsula Aboriginal Land) to the Lama Lama People.
This Indigenous Management Agreement complements the transfer of land title under the abovementioned ILUAs by giving the Lama Lama People joint responsibility for the management of the new national park on all levels.
Contents of this Indigenous Management Agreement
As outlined in a media release dated 10 July 2008 by Natural Resources and Water Minister Craig Wallace, the agreement also provides for the following:
The employment and training of indigenous rangers with the support of the State of Queensland; and
The provision of assistance by the State of Queensland to the Lama Lama Land Trust for the protection of indigenous cultural heritage.
More specifically, it deals with the following areas:
As per clause 3.1 of this IMA, the Lama Lama National Park is to be dedicated, used and managed in perpetuity as a national park (Cape York Peninsula Aboriginal Land). The parties agree that the Lama Lama Land Trust's responsibilities under this agreement include the protection and maintenance of Aboriginal cultural resources and sites, the presentation of Aboriginal cultural information to the public and the making of decisions about activities defined as 'significant' (clause 4.5). However, clause 4.7 stipulates that the parties to this IMA 'will use their best endeavours to assist each other in the performance of their respective responsibilities'.
The National Park (CYPAL) will be managed in accordance with an Approved Management Plan that will be prepared following consultation with the public, the Aboriginal beneficiaries of this IMA, and the Cape York Land Council (clause 11.3). The Plan may include matters such as strategic directions, joint management, cultural and natural resource management, visitor and commercial opportunities and community partnerships (clause 11.5).
Use of land and resources by the Indigenous beneficiaries
The agreement provides for camping in the Lama Lama National Park (CYPAL) by the Indigenous beneficiaries of this IMA (clause 7.1). It also allows these beneficiaries to take, use, keep or interfere with the cultural and natural resources of the area in accordance with Aboriginal tradition - subject to certain limitations (clause 7.4).
The IMA also includes provisions concerning access to land that allow for the restriction of public access to certain areas subject to Land Trust consent (clause 8). The agreement also provides for the restriction of access (with the exception of mutual inspection rights) to the Land Trust and EPA Exclusive Use Areas (clause 9).
Employment and training
Pursuant to clause 10.1 of this IMA, the Environment Protection Agency has committed to the following Indigenous employment targets in the Cape York Peninsula region:
30% within three years of the dedication of the National Park (CYPAL); and
50% within ten years of the dedication of the National Park (CYPAL).
The EPA has also agreed to 'use its best endeavours' to create new positions for Indigenous rangers (clause 10.3), and also to provide training for Indigenous rangers employed by the Lama Lama Land Trust (clause 10.5). It will do this with the overall goal of increasing Indigenous employment in all areas of EPA activities related to the National Park (CYPAL) (clause 10.6).
In addition, the EPA and the Lama Lama Land Trust have agreed to become involved in the development of a regional Indigenous recruitment, retention, training and development strategy (clause 10.7), as well as in the provision of secondary and post-secondary education scholarships for Indigenous beneficiaries (clause 10.10).
Finances, assets and procedure
The agreement also contains provisions on meetings between the Land Trust and the EPA (clause 15), as well as on the financial aspects of park management (Part 3). In particular, the allocation of resources for the EPA's National Park (CYPAL) labour, operational and capital works budget is to take place through consultation with the Land Trust (clause 16.2).
To obtain more information or a PDF copy of this agreement, please contact the Queensland Parks and Wildlife Service, Department of Environment and Resource Management, State of Queensland (www.derm.qld.gov.au).