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i i i 8 >i \ i h jk jk jk jk jk El El El d f f f f f f $ s h ۯ } El El } } jk jk 0 } jk jk d } d 6 4 ا jk ^k :_ i ~ \ ϫ < 0 q q q 8 ا q ا 0 El q u 4 y El El El El El El } } } } d > 0 7 $1 > 7 Appendix 5: Government Responses to the Aboriginal and Torres Strait Islander Social Justice Commissioners Request for Information in preparation of the Native Title Report 2008.
Federal Government DepartmentStrategyIndigenous Engagement in Climate Change PolicyAttorney-Generals DepartmentReferred to the work being done by the Department of Environment, Water, Heritage and the Arts relating to Indigenous people and climate changeNone advisedDepartment of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA)Advised that this is not a policy responsibility of FaHCSIA except where they are consulted by other government departments to assist with the development of Indigenous engagement strategies
Advised that the Green Paper will inform the Departments economic development strategy.
Advised that as this is a new area of policy development, opportunities that may arise from climate change, including the sequestration of carbon as an alternative to emissions, will be considered.None advisedDepartment of Environment, Water, Heritage and the ArtsAdvised that there has been considerable developments in the areas of climate change which may impact on, and potentially involve Indigenous communities, including:
Caring for our Country
Caring for our Country is the Australian Governments new natural resource management initiative and it is an integrated package with one clear goal, a business approach to investment, clearly articulated outcomes and priorities and improved accountability.
Caring for our country commenced on 1 July 2008 and will integrate delivery of the following Commonwealths existing natural resource management programs the:
Natural Heritage Trust
National Action Plan for Salinity and Water Quality
National Landcare program
Environmental Stewardship program
Working on Country program.
The following include the broader elements of the Caring for our Country initiative:
Working on Country element
aims to build on Indigenous knowledge of protecting and managing land and sea country
provides funding for Indigenous people to deliver environmental outcomes to the Australian Government
fire management has become a strong component in large part due to its importance in mitigating some of the risks of climate change
climate change is likely to impact on the way ecosystems respond to fire. Rangers must consider how fire management regimes can be developed, applied and reviewed in response to this.
Indigenous Protected Areas element (IPAs)
Australias 25 declared IPAs range from the waters of the Dhimurru IPA in the Gulf of Carpentaria to Nantawarrina in South Australia.
The government consider the IPA element an important component of their Indigenous policy relating to climate change for the following reasons:
IPAs are generally larger areas of land with high biodiversity and cultural heritage conservation values and therefore have a greater capacity to be able to withstand climate change impacts and allow for natural adaptation processes.
IPAs are steadily increasing their resource base to actively manage fire regimes, feral animals and weeds to enhance biodiversity values and increase ecosystem health and counter the projected impacts of climate change.
IPAs are usually relatively intact areas of land and areas of high biodiversity that are actively managed through a combination of traditional and contemporary land management skills, to ensure healthy ecosystems that are resilient to change and more capable of withstanding climate change impacts.
IPAs contribute to connectivity of the National Reserve System allowing for migration and movement of species in response to climate change issues.
IPAs is an expanding program which is well supported by Government and the selection process has the potential to change focus to reflect new Government priorities around expected climate change outcomes.
IPAs are taking on an increasing active contemporary management focus which means managing specifically for climate change if necessary and where it can be identified as requiring active management to achieve biodiversity outcomes.
All IPAs have plans of management which are reviewed regularly to allow for new management responses. They also have established monitoring and evaluation programs in place which can be adapted to incorporate climate change indicators and contribute to national monitoring and evaluation programs.
IPAs have already set international benchmarks for innovative carbon abatement programs involving funding partnerships with industry to offset carbon emissions. The Western Arnhem Land Fire Abatement program with Conoco Phillips is one such initiative with the Maningrida (Djeld) IPA in preparation.
IPA consultation projects have great potential to participate in the Carbon offsets/ abatement and biodiversity offset programs.
Remote IPA communities are often eager participants in alternative, renewable energy programs.
The Department has developed Climate Change response information packages and conducted awareness raising programs in IPA communities regarding the projected impacts and potential responses and opportunities for IPAs to participate in various climate change programs.
Through IPAs, the Government supports Indigenous communities to manage their land for conservation in line with international guidelines, so that its plants, animals and cultural sites are protected for the benefit of all Australians.
Indigenous emissions trading element
On 5 October 2007, The Australian Government announced a commitment to provide $10 million over five years as part of the Caring for our Country initiative, to provide opportunities for Indigenous participation in fledgling carbon markets by establishing the legal framework for the creation of carbon credits from altered fire management.
focuses on the opportunities for the purchase of carbon credit arising from fire management in northern Australia
proposed that the initial focus will be in northern Australia where tropical savannas are subject to frequent and extensive fire. These fires produce substantial emissions of greenhouse gases contributing to around three percent of Australias national greenhouse emissions.
Kakadu Climate Change Symposium 2008
The Department is convening a Climate Change Symposium in Kakadu National Park in August 2008. This Symposium will be a fundamental contribution to Kakadus Climate Change strategy and includes the participation of Indigenous people in the development and implementation of the strategy.
The focus of the symposium will largely be on knowledge and adaptation, our understanding of the issues, how we prepare for emerging issues, including working with our partners and what we can realistically focus on in our management activities.
The Department is also keen to explore possible options for minimising carbon loss through land management activities and has included fire and soil disturbance in workshop discussions.
While the presentation of research and scientific knowledge will form the core of the symposium, the objective is to place this knowledge in a management context and pose questions to Park Managers and Traditional Owners in the region, regarding future management frameworks and research directions.
Indigenous Advisory Committee (IAC)
In recognition of the role of Indigenous people in the conservation and ecologically sustainable use of the Australias biodiversity, and Indigenous Advisory Committee (IAC) was established in 2000 under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
The Committee advises the Minister for the Environment, Heritage and the Arts on the operation of the EPBC Act, taking into account the significance of Indigenous peoples knowledge of the management of land and the conservation and sustainable use of biodiversity.
Membership of the Committee is based on expertise in Indigenous land management, conservation and cultural heritage management. All committee members are Indigenous Australians and are not chosen to represent particular regions or organisations. The members of the IAC have a wide range of skills and knowledge in fields such as park management, Indigenous land management, health, tertiary education and local, regional and state Indigenous affairs.
The Northern Australia Water Futures Assessment
The Northern Australian Water Futures Assessment of which the Department is a joint delivery partner, has a strong Culture and Social program which aims to identify the key cultural and social assets across northern Australia and gain an understanding of their watering needs to enable future development proposals to take these needs into account in the context of a changing climate.
Murray-Darling Basin Reform
Provisions of the Water Act 2007, requires the Murray-Darling Basin Authority to consult widely when developing, amending and reviewing the Basin Plan, including with Indigenous communities.
Economic Development
Indigenous cultural and natural resource management on the Indigenous estate more broadly, has great capacity to general economic opportunity and outcomes for communities and individuals.
Through mitigating risk and managing issues of climate change more generally, there is not currently a large fee-for-service sector for Indigenous people. Climate Change and its associated pressures, particularly in northern Australia, will likely open economic opportunities for Indigenous land and sea management. This will apply more strongly to key areas of interest such as climate change monitoring in coastal wetlands.
Emissions Trading
As part of the broader structural engagement between Indigenous land and sea management groups and governments, emissions trading is identified as a key area of interest in the area of Indigenous economic development.
Over 98 percent of large bushfires occur outside the populous south-east and south-west of Australia with over 70 percent occurring as environmentally destructive wildfires in the savannas of northern Australia. CSIRO research indicates that there are savanna management options which could significantly increase carbon sequestration.
There are 60 million hectares of Aboriginal land in the Northern Territory alone, representing one of the worlds largest carbon bio-sequestration opportunities. This also presents an opportunity for northern Australia to become a producer and seller of carbon in the global carbon commodity market.
There are a number of elements of this initiative that engage Indigenous people in the development of climate change policy.
The Working on Country element provides the Department with the opportunity to work with and engage Indigenous people to collaboratively develop broader policies and strategies with regard to climate change, such as implementing low intensity burning in some regions to increase resilience to climate change impacts.
There is a strong focus on engaging Indigenous communities who manage IPAs with regards to the issue of climate change.
The Department convenes an IPA Advisory Committee which has cross representation on other bodies and which represents the views of IPA communities in relation to policy development.
The IPA element assists Indigenous communities to develop a plan to manage their lands natural and cultural values and provides ongoing support for work to control threats such as weeds, feral animals and wildfire.
Discussions are currently taking place with stakeholders (including Indigenous groups) in the delivery of this initiative.
Kakadu National Park in the Northern Territory is jointly managed by the Australian Government and Traditional Owners.
The IAC is a key body in engaging with Government on issues of climate change and how it is likely to impact on Indigenous communities, while also providing Indigenous perspectives on future policy directions of Government in response to this and other issues.
Section 21 (4) requires that the Basin Plan be developed with regard to the National Water Initiative; the consumptive and other economic uses of Basin water resources; social, cultural, Indigenous and other public benefit issues; and broader natural resource management planning processes.
Indigenous land and sea management groups are increasingly undertaking commercial contract work for both government agencies and private business. The estimated value of commercial work undertaken by Indigenous land and sea management groups is around $4-6 million per annum.
West Arnhem communities are already benefiting from these opportunities. Under a 17 year agreement with Conoco Phillips, $1 million will be invested each year to reduce emissions through altered fire management. The project is currently employing up to 30 Indigenous rangers.
The Department of Climate Change and WaterFacilitation of Indigenous participation in carbon markets (active)
The Department is working closely with the Department of Environment, Water, Heritage and the Arts, which leads the Caring for our Country program to implement the initiative.
The Australian Government has committed $10m over five years as part of the Caring for our Country initiative to facilitate Indigenous land management participation in existing credible voluntary emissions reduction markets and position them for entry into emerging trading markets.
International climate change negotiations (in planning)
The Department has responsibility for developing Australias international climate change negotiation position. One of the areas of significant interest to Australia is the treatment of the land use, land-use change and forestry (LULUCF) sector in a future climate change agreement under the United Nations Framework Convention on Climate Change (UNFCCC). International negotiations are currently underway and are expected to conclude in December 2009.
Scoping Study on impacts of climate change on Indigenous communities
currently undertaking a scoping study to identify impacts of climate change on Indigenous communities in the tropical north and assess the vulnerability of such communities using a multi-disciplinary approach
current understanding of the resilience of Indigenous communities to the effects of climate change is relatively limited
anticipated that the study will provide more comprehensive outcomes on the specific impacts currently being experienced and those likely to be experienced in a changing climate
assist in identifying knowledge gaps and future research and on-ground priorities.
The main topic areas for the study will include Indigenous health, environmental impacts, infrastructure services, education and employment. The study will involve literature review and consultation with key stakeholders, including Indigenous stakeholders.
This project forms an activity under the National Climate Change Adaptation Framework, which identifies both the tropical north and highly vulnerable settlements, including remote and Indigenous communities, as priority vulnerable regions for integrated regional vulnerability assessments. Accelerated implementation of the Framework across all jurisdictions as part of a broader work program for the development of options for long-term adaptation to climate change will be considered at the COAG Meeting in October 2008.
Economic Development and Emissions Trading
Developing adaptation responses to protect biodiversity and ecosystems, and implementing measures to transform Australia into a low-carbon society will create new markets and economic opportunities. The Governments emissions trading scheme, the Carbon Pollution Reduction Scheme, will be the primary vehicle to facilitate this transition.
Realising emissions reduction market opportunities through fire management and other land management activities in northern Australia will deliver not only economic benefits, but also social, biodiversity and climate change benefits.
The Department is currently planning consultations with Indigenous land managers on opportunities under the Scheme. However, it should be noted that the viability of the initiative will depend on the resolution of a number of issues, including emissions measurement and property rights for Indigenous lands.
To date extensive scoping discussions have been held with stakeholders including the Indigenous Advisory Committee, the Northern Indigenous Land and Sea Management Alliance, and the Cooperative Research Centre for Tropical Savannas Management. Further consultation with Indigenous land management stakeholders, in particular in relation to the potential for participation in reforestation and offsets from reductions in emissions from savanna burning, is planned for the near future.
The Department is currently planning stakeholder meeting with interest groups, including Indigenous groups, to develop Australias negotiation positions on a variety of land issues for the forthcoming UNFCCC Conferences of the Parties in Poland in December 2008.
The Australian Government commitment of $10m over five years to facilitate Indigenous participation in emissions trading will provide opportunities for Indigenous people in existing and emerging carbon markets, including, through fire management.
State/Territory Government DepartmentStrategyIndigenous Engagement in Climate Change PolicyQueenslandOffice of Sustainability, Climate Change and InnovationClimateSmart 2050 and ClimateSmart Adaptation 2007-12
These strategies are currently being reviewed to take account of the latest science and significant developments in climate change policy on a national and international level.
Other initiatives include:
Climate change regional projections
The Qld Climate Change Centre of Excellence is downscaling general climate circulation models to produce regional and local climate change projections.
Torres Strait (TS)Coastal Management Committee
The Committee coordinates and oversees a range of climate change projects including:
the investigation of sea erosion affecting communities and solution development
sea level survey and land datum corrections
sustainable land use planning
climate impacts in Torres Strait and incorporation of traditional environmental knowledge
development of a climate change strategy for Torres Strait
a survey to develop a high resolution digital elevation model for low lying areas to assist in planning for sea level rise and storm tide inundation.
Storm Tide Mapping Project
Storm tide maps are being progressively developed for populated areas of Qld most at risk from storm tides.
Gulf of Carpentaria Storm Tide Study
The study will provide inundation mapping for the Gulf of Carpentaria region.
Wetland mapping and classification
The Qld Government Mapping and Classification project will deliver comprehensive maps of Qlds wetlands
South East Qld Regional Plan Climate Change Strategy
A climate change strategy is currently being developed to inform the review of the South East Qld Regional Plan. The strategy will identify those priority climate change issues of importance in the region and adaptation strategies to be integrated into the revised regional plan.Consultations will be conducted with representatives of Indigenous organisations as part of a public consultation process to ensure that Indigenous perspectives inform the development of future climate change policy for Qld.
The Committee is chaired by the Torres Strait Regional Authority (TSRA) and includes representation of the Qld Government and the island communities. The committee is active in involving island communities in decision-making and project activities.
Maps have been developed for Palm Island and a number of other population centres, including Cairns and Mackay.
New South WalesDepartment of Lands Referred the engagement of Indigenous people in the development of climate change policy to the Department of Environment and Climate Change.
None advisedSouth AustraliaOffice of the Attorney- GeneralThe Chief Executive of the Attorney-Generals Department chairs a Chief Executives Task Force on Native Title Claim Resolution comprising the Chief Executives of all major departments that have an interest in the settlement of native title claims and the benefits packages of those settlements. This is the forum for addressing issues such as this at a whole of government level.
Climate Change is on the agenda for initial consideration and discussion at the next Task Force meeting in September 2008. The Task Force is aiming to concentrate on the immediate, urgent issues affecting the River Murray and its Lower Lakes. The Task Force is also in the process of developing specific measures for the close involvement of native title claim groups in addressing these issues.
The object of the Natural Resources Management Act 2004 (SA) is to help achieve ecologically sustainable development in the State by establishing an integrated scheme to promote the use and management of natural resources. One of the principles to be taken into account in achieving ecologically sustainable development is the interests of the traditional owners of any land or other natural resources.
Impacts on Indigenous communities
This issue is being considered by the Sustainability and Climate Change Division in the SA DPC and, from a native title perspective, will be taken through the Chief Executives Task Force.
Economic Development
There is no formal policy on climate change economic development and native title groups as yet. However, where Aborigines have interests in land, there may be scope for focussing economic development programs on activities that deal with climate change. Examples would include energy generation and water and other natural resource management.The Sustainability and Climate Change Division in the South Australian Department of Premier and Cabinet (DPC), which considers these issues from a State-wide and government-wide view, is represented by its Chief Executive on the Task Force and will be able to engage Indigenous people in forming the Governments policies on these issues.
The Aboriginal Congress of South Australia (representing all but one of the States native title claim groups) is an existing Aboriginal representative body through which the South Australian Governments consultation and engagement with Aborigines on this issue can take place under the auspices of the Main Table of the SA Native Title Resolution program.
At a practical level, Aboriginal people are already being closely engaged on environmental and other issues about the River Murray drought response, and in National Parks and Reserves that are managed jointly by the State and local Aboriginal groups. Where those issues relate to climate change, the Aboriginal groups are already engaged.
The Natural Resources Council and Natural Resource Management Boards set up to implement the Act regionally must include members who can represent Aboriginal interests in land.
The Alinytjara Wilurara Natural Resources Management Board, which covers about 10 percent of the State, is wholly comprised of Aborigines. This means Aboriginal people are closely involved in plans and action for ensuring sustainable economic development in the State, including dealing with the effects of climate change
VictoriaAttorney-Generals DepartmentThe Governments 2008 Green Paper Land & Biodiversity at a Time of Climate Change aims to promote discussion with Indigenous groups on the best way to respond to emerging climate change issues, particularly in relation to environmental sustainability and biodiversity. Feedback on suggested approaches and issues outlined in the Green Paper will inform the development of the White Paper to be released in 2009.
The Green Paper highlights and acknowledges that Indigenous people bring different perspectives to natural resource management. The Victorian Government values the contributions Indigenous groups, including Traditional Owners, make towards protecting land and biodiversity values, as we face the challenges of climate change together.
Topics raised in the Green Paper include:
increasing Indigenous involvement in the way knowledge is being collected
investigating the feasibility of co-operative research centre to collect Indigenous knowledge
improving the information flow between Government and Indigenous people
considering options for jointly managing national parks and purchasing land through the Indigenous Land Corporation
improving pathways for Indigenous employment in land management agencies
exploring options for Indigenous involvement in land monitoring
Opportunities for Traditional Owner groups to engage in a future carbon emissions trading scheme has great potential to lift the economic base of Traditional Owner communities. As landholder and land managers with particular interests in the conservation and forestry estates an in Crown land more generally, Traditional Owners may be well-placed as players in a carbon emissions trading regime, for example, through carbon credited vegetation management programs.
As such climate change policy has the potential to generate innovative economic development opportunities for Victorian Traditional Owner groups in new industries that support climate change mitigation and adaptation strategies.Indigenous consultation on the Governments Green Paper is presently underway.Western AustraliaDepartment of Environment and Conservation No response received. None advised. TasmaniaDepartment of Premier and CabinetAcknowledged that the effects of climate change are a high priority for the Tasmanian Government. Established the Tasmanian Climate Change Office and released the Tasmanian Climate Change Strategy.
Work undertaken through these vehicles has been broadly based to date.It is envisaged that as the Strategy progresses, there will be engagement with the Tasmanian Aboriginal Community, particularly around issues of fishing rights and the impact of sea level rises on the Bass Strait Islands.Australian Capital TerritoryDepartment of Indigenous AffairsWeathering the Change (WtC)
There is nothing specific to Indigenous peoples in Weathering the Change (WtC) the ACT Government Climate Change Strategy however the ACT is very conscious of the impact that climate change will have on all vulnerable groups.
In response to Action 29 of WtC, the Chief Ministers Office has commissioned work on the Social Impacts on Climate Change in the ACT which will also consider the possible impact on all vulnerable groups of people, however it does not say anything specific about Indigenous people.
There will also be a national program to introduce a number of energy efficiency measures and consumer information that will help households reduce energy use and save on energy bills.
The recent Commonwealth Carbon Pollution Reduction Paper acknowledged that households are likely to be affected by increased energy costs related to the introduction of an Emissions Trading Scheme (ETS). Details about the national ETS are still be finalised but it is likely that there will be associated national programs that address these costs, particularly the effect on vulnerable groups.
Action 8 of the WtC has provided $20m over 10 years for energy efficiency improvements to government housing.
Economic Development
The ACT Natural Resource Management Plan (NRM) is currently under consultation and local Indigenous groups will be consulted. This plan will consider the impacts of the changing climate on natural resources, including land that is significant to local Indigenous people.The ACT has not specifically engaged Indigenous people in the development of policy related to climate change.
Northern Territory Office of the Minister for Indigenous PolicyEngagement in climate change policy
Indigenous people are closely engaged in formulating the NTs policy response to climate change which is to be completed by February 2009.
Impacts of climate change on Indigenous communities
building an evidence-base to better understand the specific impact that climate change will have on Indigenous communities
develop appropriate strategies to address impacts as part of the climate change policy response.
A new climate change study co-funded by the Territory will assess the impacts of climate change on Indigenous communities in northern Australia, including impacts to health, the environment, infrastructure, education, and employment. The study will be conducted by the University of New South Wales, CSIRO, the North Australian Indigenous Land and Sea Management Alliance and other research organisations and is expected to be completed by April 2009.
The Territory also co-sponsored the United Nations International Expert Group Meeting on Indigenous People and Climate Change, a major international forum held in Darwin in April 2008. The forum considered the effects of climate change on Indigenous people, what adaptation measures might be required, factors that enable or obstruct Indigenous peoples participation in climate change processes, carbon projects and carbon trading. The forum promoted a full exchange of ideas and set an agenda for future training and research.
Research into how traditional knowledge might be used to respond to climate change is being funded by the Territory Government through the United Nations University Centre for Traditional Knowledge. The Centre was established in August 2007 with Territory funding of $2.5 milliion over five years at Charles Darwin University to focus on the role of traditional knowledge in fields such as climate change, water, international policy making, biological resources and marine management.
Nationally, the Territory is seeking to ensure that Indigenous communities are supported to adjust to the changes required under the national climate change policy agenda, including the introduction of an Australian emissions trading scheme. This is occurring through the Council of Australian Governments, and also through the Territorys response to the Australian Government Carbon Reduction Pollution Scheme Green Paper.
Furthering Indigenous Economic Development policy
Economic constraints from part of the Territorys climate change policy response and work has commenced on the range of interactions between climate change, carbon property rights, and Indigenous land rights including native title, with the view to maximising economic opportunities for Indigenous landholders and communities arising from the climate change policy.
The Territory will work with the Australian Government to examine national and international policy linkages under the Carbon Pollution Reduction Scheme and the Kyoto and post-Kyoto frameworks for climate change and Indigenous land rights. Particular areas of focus for the Northern Territory are savanna burning and land use, land use change and the forestry sectors, with opportunities to be explored for Indigenous economic development.
Consultation is occurring through a Climate Change Community Focus Group, which the Chief Minister established in February 2008 to represent the diverse range of interests across the Territory.
Indigenous interests are represented on the Focus Group by the Northern, Central, Tiwi and Anindilyakawa Land Councils and the North Australian Land and Sea Management Alliance. Engagement with Indigenous stakeholders is also occurring through a series of targeted briefings.
Information in this Appendix is a collation of extracts from responses provided by various Federal, State and Territory Government Departments in Correspondence to T Calma, Aboriginal and Torres Strait Islander Social Justice Commissioner, Human Rights and Equal Opportunity Commission, for the Native Title Report 2008.
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