3.2.1 – INDIGENOUS CUSTODIANSHIP
AND FORMATION OF LAND AND
WATER COUNCILS
Key Knowledge: Indigenous peoples’ custodianship of outdoor environments including the formation of land and water
councils and Registered Aboriginal Parties (RAP)
Key Skills: compare different human relationships with outdoor environments, including Indigenous and non-indigenous
peoples’ relationships
KEY TERMS
Country
Used in context by Indigenous peoples to describe the lands, waterways and seas to which they are connected. It contains
complex ideas about law, place, custom, language, spiritual belief, cultural practice, family and identity.
Kinship
An indigenous persons relationship and responsibilities to other people, to their Country and to natural resources.
Custodianship
Custodianship has multiple meanings as a word. In OES context, it relates to Indigenous peoples’ care for outdoor environments,
and how they have nurtured and managed natural resources in Australia for tens of thousands of years.
Sovereignty
A state or a governing body that has full right and power to govern itself without and interference from outside sources or bodies.
Context:
When two nations meet on a field of battle where one nation wants to take the land of the other nation, the end point is often a
treaty , a treaty describes the terms of surrender and defeat, and involves condition which the defeat nation will the relinquish its
sovereignty to the conqueror.
In Australia, no formal war was fought between the colonisers and indigenous peoples. Therefore, no nation was defeated formally,
so sovereignty over the land as we know it today was never relinquished
Complete
Learning
Activity 1 in
workbooks
◦
https://www.youtube.com/watc
h?v=rOWa8lm-cEg
The road to recognition
The campaign to win formal recognition of
Indigenous peoples’ sovereignty and their rights and
traditional owners of their country has been a long
journey.
The journey to native title ownership in Australia
began with the Mabo decision, which dismissed the
claim of Terra Nulluis this lead to the Native Title Act
1993 which provides a process through which
indigenous peoples can lodge an application to
seek a determination of native title.
Requirements for Formal Recognition of
Custodianship
Right People
Right Country
Decision making
Capability
Incorporation
Groups needs to
demonstrate that
they are inclusive
and representative
of all Traditional
owners with
interests and
rights to country
Groups needs to
demonstrate a
connection to a
defined area of
Country. Agreeing
on boundaries
with neighbours in
encouraged
Groups needs to
have agreed to
decision-making
structures and
processes in place
Groups need to
have the
organizational
capability to
sustainably
manage the legal
responsibilities
that flow from
formal recognition
Groups need to
appoint a
cooperation to act
for them under the
Corporations
(Aboriginal and
Torres Strait
Islander) Act 2006
Once the first four steps have been met. Indigenous peoples organize together to form an
incorporated group. Known as a Land Council, Land and Water Council or Land and Sea
Council
Process for formal recognition
Traditional Owner group formalises its intentions by meeting the
five requirements
State Recognition - The
Traditional Owner groups
completes its registration as a
Registered Aboriginal Party
(RAP) under the Aboriginal
Heritage Act 2006 (Vic)
State Recognition - The
Traditional Owner group
gains State Government
recognition under the
Traditional Owners
Settlement Act 2010 (Vic)
Federal Recognition - The
Traditional Owner group's
native title claimed is
assessed against the Native
Title Act 1993 as determined
by the Federal Court
Learning Activity 2:
Group Task: Research
◦
In small groups using the link below as well as the
textbook; research how Victorian Traditional
Owners demonstrate custodianship of outdoor
environments
◦
https://www.firstpeoplesrelations.vic.gov.au/traditi
onal-owner-formal-recognition-victoria
Registered Aboriginal Parties (RAPS)
◦ Are responsible for managing all land, water and Aboriginal cultural heritage within their appointed
areas.
◦ Primary source of advice and knowledge on all matters relating to Aboriginal places
◦ They are established under the Aboriginal Heritage Act 2006
Core functions include:
◦ Evaluating cultural heritage management plans
◦ Assessing cultural heritage permit applications
◦ Making decisions about cultural heritage agreements
◦ Entering into management agreements with public
land management
◦ Nominating aboriginal heritage sites
As of Jan 2023, there are 11 RAP’s in Victoria. That number is growing as Traditional Owner groups
complete the steps to formalize their native title claims. 25% of Victoria is still be negotiated.
Aboriginal Heritage ACT 2006
The main purposes of the ACT are to;
•
provide for the protection of Aboriginal Cultural
Heritage and Aboriginal intangible Heritage in
Victoria.
• empower Traditional Owners as protectors of their
Cultural Heritage on behalf of Aboriginal People
and all other peoples.
• strengthen the ongoing right to maintain the
distinctive spiritual, cultural, material and
economic relationship of Traditional Owners
• promote respect for Aboriginal Cultural Heritage
RAPS - Care for Environments
◦ After formal recognition is determined, RAPs
or Land and Water Councils are able to
provide a strong voice for their people and
for the care of land and waters
Some examples RAPS care for their
environments:
◦ Consults with landowner
◦ Designate Indigenous positions (jobs) as
part of government recruiting
◦ Water management
◦ Sacred Site Identification and
management
◦ Maintain and enhance Aboriginal Culture
◦ Traditional and cultural burning practices
and education.
Learning Activity 3:
Interactive Map
Watch
Bunurong Land Council @ Point
Nepean in HD (youtube.com)
Gunaikurnai Land and Waters
Aboriginal Corporation (GLaWAC) RAP Team (youtube.com)
Impacts of RAP with owners of land
Society – Increase in employment of first nation peoples
Improved land management practices
Reduced threat of bush fires and impact on native flora and fauna loss.
Protection and education of sacred sites
Increase in knowledge and experience and education of all people of Indigenous culture, values
and beliefs.
Learning Activity 4:
Research Table
https://www.bunuronglc.org/
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