Guide to Aboriginal consultation and engagement in the Swan region

Transcription

1 CULTURAL HERITAGE Guide to Aboriginal consultation and engagement in the Swan region

2 CULTURAL HERITAGE Perth Region NRM is dedicated to protecting and enhancing Noongar culture and heritage in the Swan region. We have produced this guide with the aim of increasing the understanding of the landcare community about Noongar history, culture and land management practices and the value it adds to protecting and managing our land and its history. For information about our Cultural Heritage Program go to: The Swan Region Cover artwork: Desert Willy Willy by Naomi Grant II

3 CULTURAL HERITAGE About this guide Who is the guide for? This guide has been written for volunteers, community groups, non-profit organisations and small businesses who are involved in managing land in the Swan region. How will it help you? This guide will assist you to better understand Aboriginal consultation processes and the associated legal requirements, as well as the benefits of engaging with the Noongar community. It reflects the consultation protocols set out by the South West Aboriginal Land and Sea Council (SWALSC) and refers to current state legislation and policy relating to cultural heritage and Aboriginal consultation. It provides a simple overview of the steps you should take before you plan a project or conduct work on a site in the Swan region. III

4 CULTURAL HERITAGE How to use this guide This guide provides an overview of the key requirements and the best methods for consultation and engagement with Aboriginal people when working on land in the Swan region. It is designed as a window to our website where more in-depth detail is provided, including links to relevant organisations, legislation and key documentation. For the latest information, visit our website: IV

5 CONTENTS What s in the guide? Section 1 About Aboriginal consultation and engagement 2 Understanding Aboriginal cultural heritage...2 What we mean by consultation and engagement...3 Why must you consult with the Noongar community?...4 Work on a culturally significant site...5 Legal requirements to consult....6 Consultation to satisfy a funding application...7 Benefits of engaging with the Noongar community...8 Section 2 The consultation process 9 Things to consider...9 Department of Aboriginal Affairs Due Diligence Guidelines...10 Department of Aboriginal Affairs Aboriginal heritage site information...11 SWALSC Consultation Process...12 SWALSC Noongar Consultation Protocol Guidelines...13 Section 3 Opportunities to engage 14 Ways to engage Welcome to Country...15 Finding the right people Local councils and Aboriginal Reference Groups...16 Social protocols Acknowledgements and disclaimer...18 Noongar words...19 Acronyms

6 SECTION 1 Section 1 About Aboriginal consultation and engagement Understanding Aboriginal cultural heritage In general terms, cultural heritage is seen as the total way of living, built up by a group of human beings, which is passed from one generation to the next and given to them by reason of their birth. For Aboriginal people, their cultural heritage encompasses tangible physical archaeological sites, artefacts and places as well as intangible cultural beliefs, dreaming stories, cultural practices, language and knowledge that are inherited from past generations; traditional knowledge. The Noongar people are the traditional land owners of the Swan region in Western Australia. The entire south-western portion of Western Australia is Noongar country. Archaeological evidence establishes that the Noongars have lived on this country for at least 45,000 years. Their booja (knowledge) of the land has been passed down by tribal elders for countless generations. 2

7 SECTION 1 What we mean by consultation and engagement Consultation Aboriginal consultation is the process by which Aboriginal people can become involved in a decision-making process on the things that affect them. Consulting with the Noongar community before and during working on country, acknowledges that they are the traditional owners of the country and that their historical knowledge and expertise is respected. It meets an important social responsibility we have as a community to open a dialogue with Noongar people to find out what social and environmental issues are of most concern to them in relation to where we are working, with a view to improved decision-making and long-term outcomes. Engagement Engaging with the Noongar community involves actively including them in your projects, utilising their expertise in the development and delivery of projects and potentially developing longer term relationships for the benefit of the region s natural resources, and the social welfare of the Noongar community. 3

8 SECTION 1 Why must you consult with the Noongar community? If your project or work is planned to take place in or near a registered Aboriginal heritage site or other Aboriginal place, respect of the cultural heritage and Noongar associations with the place must be considered. Consultation with the correct traditional owners must be undertaken and documented. If there is potential for the registered site or other heritage place to be disturbed, consultation with the The Department of Aboriginal Affairs (DAA) should also be undertaken. This not only ensures your legal requirements are met, but is likely to enhance your project through greater knowledge and understanding of the traditional uses and beliefs about an area or place. There are three events described in this guide that trigger the need for consultation: yyou are going to work on a culturally significant site. yyou are legally required to consult. yyou are required to consult to satisfy a request for funding. 4

9 SECTION 1 Work on a culturally significant site There are many places that are culturally important in the Swan region. They may contain artefacts, structures, skeletal material, paintings, or a range of other evidence indicating that a place was historically used by Noongar people. Places may also be important for ceremonial use or due to history or mythology. Such issues need to be considered when any land management activity is undertaken. It is an important part of land management practices to consult with the Noongar people as a way of showing respect for their cultural, social and land custodianship lore. 5

10 SECTION 1 Legal requirements to consult You may be required to consult with Noongar people to fulfil your legal obligations. The main pieces of legislation that relate to Indigenous engagement and cultural heritage are the following: ynative Title Act 1993 (Commonwealth) yaboriginal Heritage Act 1972 (Western Australia) These acts require that traditional owners are consulted in relation to matters on Native Title land or land currently in claim for Native Title. They also require that traditional owners are consulted on matters relating to the potential disturbance or destruction of Aboriginal cultural heritage sites or other heritage places. Further information on these acts can be found on our website: 6

11 SECTION 1 Consultation to satisfy a funding application Most grant providers understand that there are legislative requirements relating to consultation when you are proposing a project. They will generally seek to ensure that you aware of any potential requirements relating to the site and that you have dealt with any barriers or issues that would prevent the project from succeeding. Many grant providers, particularly within the government sector, also actively encourage Aboriginal involvement in natural resource management and will include requirements in their funding criteria to consult with the appropriate members of the Aboriginal community about your project activities. They may also place a high value on actively engaging with the Aboriginal community in land management practices where possible. 7

12 SECTION 1 Benefits of engaging with the Noongar community Integrating Aboriginal traditional ecological knowledge with scientific knowledge, strengthens conservation strategies and targets. The Noongar people have a sound understanding of ecosystem functions in the Swan region and actively engaging with them provides an opportunity to incorporate and benefit from their traditional knowledge. Engaging Noongar people in your project or work not only ensures that Noongar booja (knowledge) is shared but it also helps protect Aboriginal cultural heritage by enabling the following: yaboriginal people reconnect with their land and culture, sharing that connection with the broader community; yaboriginal people have genuine opportunities to be more involved in natural resource management (NRM); yhistorical and cultural value may be added to a particular area; and yit provides a basis to deliver multiple, sustainable benefits and outcomes. 8

13 SECTION 2 Section 2 The consultation process Things to consider The level of consultation will depend on the location of the site you intend to work on, the type of event or activity you will undertake and the impacts of that work on the site. There are several documents and processes that must be considered before undertaking Aboriginal consultation. It is important to allow sufficient time for the process, particularly through the South West Aboriginal Land and Sea Council (SWALSC), which could take several months. There are three key consulting actions to consider, which are discussed in this guide: yassess your project in accordance with the DAA s Due Diligence Guidelines. ycheck if your site is listed as a site of significance through the Aboriginal Heritage Inquiry System (AHIS) on the DAA website. ywhen appropriate, undertake consultation with SWALSC. 9

14 SECTION 2 Department of Aboriginal Affairs Due Diligence Guidelines The Department of Aboriginal Affairs (DAA) Due Diligence Guidelines provide a matrix for assessing the impact of your projects on Aboriginal cultural heritage, depending on the landscape and your proposed activity. If your project is assessed as a medium or high risk project, a cautionary approach is recommended. You will most likely be required to engage with the Aboriginal community. Whilst there is no definitive list of the Aboriginal people who should be consulted for a particular area, the DAA Due Diligence Guidelines provide a list of prescribed body corporates and other organisations that should be consulted. The Due Diligence Guidelines and links to the DAA are located on our website: 10

15 SECTION 2 Department of Aboriginal Affairs Aboriginal heritage site information The Due Diligence Guidelines also require you to conduct an Aboriginal Site and Heritage Place Search using the Aboriginal Heritage Inquiry System (AHIS) on the DAA website. The AHIS allows you to search the location of your activities or works to establish if there are Aboriginal sites located within the area. This will assist you in determining if you have any cultural heritage constraints relating to your site and it will help to inform the type of Aboriginal consultation you need to undertake. Registered sites are sites that have been deemed places of significance to the Aboriginal community by the Aboriginal Cultural Materials Committee (ACMC). Other heritage places are a mixture of places that have not yet been assessed, that do not contain enough information to be assessed or are not considered significant by the ACMC. More information on conducting a DAA AHIS search and links to DAA are located on our website: 11

16 SECTION 2 SWALSC Consultation Process SWALSC is the Native Title representative body of the Noongar people. The groups represented by SWALSC are located from Jurien Bay in the north, to Moora in the east and as far south as Bremer Bay and Esperance. SWALSC can provide names of appropriate Noongar elders who are the correct traditional owners to speak for country. SWALSC will present requests for the names of traditional owners to working group meetings which are held every few months. They may need further information such as the reasons for such a request. The process that SWALSC undertakes ensures that the right people are consulted and that those with the most knowledge of the area are notified of the activities to be undertaken. For further guidance on what information SWALSC requires and how to engage Noongar people through SWALSC, visit our website: 12

17 SECTION 2 SWALSC Noongar Consultation Protocol Guidelines The Noongar Consultation Protocol Guidelines produced by SWALSC set out key principles and protocols for consultation and engagement and the process you need to undertake. It is a useful and relevant guide for anyone undertaking work in the region. These guidelines assist the Swan River Trust to more effectively engage with the Noongar community in relation to activities in and around the Derbarl Yerrigan (Swan River) and Djarlgarro Beelier (Canning River). To access the Noongar Consultation Protocol Guidelines, visit our website: 13

18 SECTION 3 Section 3 Opportunities to engage Ways to engage Aboriginal people can be engaged in your project or activities in a number of ways including: yproviding you with traditional ecological knowledge or cultural history about the area in which your project is taking place. yattending project meetings to provide ongoing input into delivery of the project. yproviding Welcome to Country ceremonies at large events. You can acknowledge and engage with the Aboriginal community through: yan Acknowledgement of Country at events. yproviding information about projects and facilitating access to project sites and meetings. yattending Aboriginal Reference Group meetings or inviting their involvement in your project. 14

19 SECTION 3 Welcome to Country If you are hosting a large event such as a conference or symposium, a Welcome to Country by a recognised elder in the local community is an appropriate means of engagement. This is a traditional ceremony where an elder welcomes people to their land. It is delivered through speech, song, dance or ceremonial activities or a mixture of these. Aboriginal elders should receive a payment for this service in respect of their time and knowledge. The South West Aboriginal Land and Sea Council can be contacted to provide the names and contact details of elders who perform this ceremony. Contact details for SWALSC can be found on our website. Finding the right people Even though today all Aboriginal people of the South West of Western Australia identify themselves as Noongar, the Noongar community comprises 14 different dialect groups, who lived in 14 different geographical locations. Therefore it is important to find the right traditional owners of an area when undertaking consultation. There are two main ways you can find Noongar people to engage for your projects: through the South West Aboriginal Land and Sea Council as previously indicated in this guide, or through local council Aboriginal Reference Groups. 15

20 SECTION 3 Local councils and Aboriginal Reference Groups A number of local councils have Aboriginal Reference Groups. These groups generally consist of a board of Noongar members who actively participate and engage in community events. These groups can provide a wealth of knowledge on who to engage in the community and can generally provide contact details for Noongar people interested in participating or engaging in your project. Engagement through the Aboriginal Reference Groups is an informal process and helps you engage with local Noongar people, but it will not meet the DAA requirements for consultation for your project. Where there are any legal requirements around engagement you should use SWALSC to engage the correct traditional owners. 16

21 SECTION 3 Social protocols There are a number of social protocols that are respectful of the cultural heritage of the Noongar community: yif you are having a small event or meeting, an Acknowledgement of Country is a good mark of respect which may be undertaken by the convenors. Suggested appropriate wording can be found on our website. yinvolving elders or traditional knowledge holders in your project may include assisting them with travel to meetings or other activities, as their access to transport may be limited. yconsultation fees for engagement may be required, so ensure that you have provided for these costs in your planning. More information about appropriate fees can be obtained by calling Perth Region NRM. yensure you ask permission before taking photographs. yask permission to use images or quotes from individuals before publication. For information about social protocols visit our website: 17

22 CULTURAL HERITAGE Acknowledgements and disclaimer Perth Region NRM would like to acknowledge all those who provided assistance with the creation of this document and its associated web-based platform. This guide is relevant for use in the Perth metropolitan and surrounding areas; the Swan region. This guide and the website are provided voluntarily by Perth Region NRM as a public service. The information contained in them is provided for general guidance only. The information contained within this guide is accurate and relevant at the time of printing. It is suggested that users of this guide seek information from the appropriate regulating authority if they are likely to undertake any works or activities within an identified registered site or other heritage place. Copyright Perth Region NRM 18

23 CULTURAL HERITAGE Noongar words Booja Knowledge Noongar Term used to identify Aboriginal people from the south west region of WA Whadjuk Name of the Aboriginal group inhabiting the Perth Bioregion of the Swan Coastal Plain in WA Derbarl Yerrigan Swan River Djarlgarro Beelier Canning River Acronyms ACMC Aboriginal Cultural Materials Committee AHIS Aboriginal Heritage Inquiry System DAA Department of Aboriginal Affairs NRM Natural Resources Management SWALSC South West Aboriginal Land and Sea Council TEK Traditional Ecological Knowledge 19

24 CULTURAL HERITAGE For further information or guidance about Aboriginal consultation please contact Perth Region NRM. Phone: (08) perthregionnrm.com