3.2.1 - Indigenous Peoples Custodianship 2024

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Relationships with

Australian environments
in the past decade

Unit 3
Area of Study 2
Key Knowledge
3.2.1- Indigenous peoples’ custodianship of outdoor environments including
the formation of land and water councils and Registered Aboriginal Parties (RAP)
3.2.2- conservation, recreation and economic relationships with outdoor environments
3.2.3- methods used by individuals and groups to influence decisions about two conflicts over
the use of outdoor environments, and the processes followed by land managers to resolve said
Outcome
conflicts, including at least one from the following list:
3 topics
• feral species in the Alpine National Park
• + one other…?
3.2.4- an environmental issue in Australia and related policy from two
federal political parties or representatives, including at least one of:
• Labor party You will vote and
• Liberal-National Coalition decide these.
• The Greens Democracy!
3.2.5- the influence of social debates on relationships with outdoor
environments, including one of:
• climate change
• renewable energy
Key Skills
• compare different human relationships with outdoor environments, including
Indigenous and non-Indigenous peoples’ relationships
• describe two conflicts and evaluate the methods used by conflicting parties to influence
decisions in their favour, and the processes followed to resolve or potentially resolve
said conflicts
• analyse differing environmental politics in Australia
• analyse the influence of social debates about environment issues on relationships with
outdoor environments.
01
FORMAL RECOGNITION OF
INDIGENOUS PEOPLES’
CUSTODIANSHIP
Quick reminders:
Custodianship Country Kinship
In OES, the use of the word The term often used by Refers to an indigenous
‘custodianship’ applies to indigenous peoples to person's relationship and
Indigenous peoples’ care of describe the lands, waterways responsibilities to other
outdoor environments. and seas to which they are people, to their Country
connected. and beliefs.
Indigenous peoples have
nurtured and managed the The term contains complex Indigenous people’s
natural resources of ideas about law, place, Kinship with country
Australia for tens of custom, language, spirtual reflects their belief that
thousands of years, and have belief, cultural practice, their ancestors make up
strong cultural connections material sustenance, family every atom of the land,
to ’Country’ that includes a and identity. resulting in a deep care and
deep respect for all living responsibility for the land.
things that live in it.

Add these to your notes


Work Task
1. 2.
Research the Traditional Using your knowledge from
Owners of the country you live AOS1 (Indigenous relationships
on. before and after colonisation),
What formal status does that describe how custodianship of
community hold within the Country has become more
Victorian or national system? problematic for Indigenous
peoples of Australia since
colonisation.
Sovereignty Add to your notes

Definition:
⇻ supreme power or authority.
⇻ the authority of a state to govern itself or another
state.
⇻ a self-governing state.
Throughout colonisation, no formal war was fought
between colonists and Indigenous peoples.
Therefore, no nation was defeated formally, so
sovereignty over the land now known as Australia
was never relinquished. Indigenous peoples’ beliefs
and practices over thousands of years before
colonisation demonstrated their self-governing
abilities and processes, and therefore the sovereignty
of their country.
Sovereignty
In contemporary Australia, we are all part of a system and culture that is waking up to the
rights of all peoples of our nation; in particular the rights of Indigenous peoples to
formally be recognised as custodians of their land and holders of native title.

Read pg.374-375 re:


Sovereignty

⇻ This is a dynamic space!


– constantly changing and
evolving.
⇻ We will focus on the
current and most up-to-
date systems of formal
custodianship in Victoria.
Land rights and sovereignty
The road to formal recognition of Indigenous peoples’ sovereignty has been long and
shaped by a history of dispossession and disruption since the arrival of the first Europeans.
This has included massacres, disease, displacement and forced removal of children – all of
which has played a role in changing their relationships with outdoor environments and
reducing connections to and custodianship of the land.

The first land councils were created in the Northern Territory under the Aboriginal Land
Rights Act 1976, with each of the states creating legislation and land councils shortly after.
These are known as Aboriginal Land and Sea Councils.

The Aboriginal Land and Sea Councils are organised by region and are commonly
formed to represent the indigenous peoples who occupied their particular region before
colonisation.

Add to your notes


Formal recognition of custodianship
In 2010, The Victorian Government (under the Federal Native Title Act) developed an alternative
system for recognising the rights of Victorian Traditional Owners- The Traditional Owner
Settlement Act 2010

⇻ This allows the government and Traditional Owner groups to make agreements that recognise
Traditional Owners relationship to land and provide them with certain rights on Crown Land.

The Government formally recognises Traditional Owners through the use of the following criteria:

Right
Task: Usepeople Right
pg.376 to help Country
outline each of Decision
the abovemaking
criteria. Capability Incorporation

Add to your notes


Formal recognition of custodianship
Once a group has met the first four steps (Right people, Right Country, Decision making and
Capability), Indigenous peoples organise together an incorported group known as a Land Council,
Land and Water Council, or Land and Sea Council.

The next step is to seek formal recognition. This can be done in three different ways:

Once recognised, the Traditional Owner


Group has the status of a ‘Registered
Aboriginal Party’ (RAP)

Add to your notes


Registered Aboriginal Parties
RAPs are responsible for managing all land, water and cultural heritage within their appointed
areas.
RAPs are the primary source of advise and knowledge on anything relating to Aboriginal
places or Aboriginal objects in their region.
As of January 2023, there were 11 RAPs in Victoria and that number is growing as Traditional
Owner Groups complete the steps to formalise the native title claims.

Add to your notes

Current traditional ownership


boundaries in Victoria.
Formal Custodianship
After formal recognition is determined, Indigenous peoples’ groups in the form of RAPs
or Land and Water Councils are able to provide a strong voice for their people and for the
care of their land and waters.

Initiatives to promote Indigenous peoples’ custodianship:


Some important examples of initiatives to promote and develop opportunities for
Indigenous peoples’ custodianship, include:
• Indigenous representatives consulting directly with landowners, including mining
activity, employment and development, including in national parks
• designated Aboriginal positions as part of the government’s recruitment policy
• bush food and medicine identification and promotion
• water management
• sacred site identification and management
• work within other organisations to maintain and enhance Aboriginal culture, identity
and heritage.
• traditional or cultural burning practices and education.
Work Requirement
Complete the following questions in a clearly labelled word doc and submit to
Learning Tasks- 3.2.1- Indigenous peoples’ custodianship

1. Describe the difference between custodianship and Kinship


2. Outline what it means to ‘cede sovereignty’
3. Explain the process of a group becoming a Registered Aboriginal Party.
4. Explain the two pathways for a Registered Aboriginal Party to achieve a Native Title
determination in Victoria.
Select and read one of the following Case Studies:
• Custodianship at Work (Taungurung people) – pg.381
• Water Management (Gurnaikurnai people) – pg.382
• Cultural Burning Initiative (Dja Dja Wurrung people) – pg.382
5. Explain some practices of a formalised Indigenous peoples’ group and how they benefit
outdoor environments and people, including a specific example and group.

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