Native Title Report 2008 - Appendix 5

Attorney-General’s Department

Referred to the work being done by the Department of Environment, Water,
Heritage and the Arts relating to Indigenous people and climate change

None advised

Department 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 Department’s 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 advised

Department of Environment, Water, Heritage and the Arts

Advised 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 is the Australian Government’s 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 Commonwealth’s existing natural resource management
programs – the:

The following include the broader elements of the Caring for our
Country initiative:

Australia’s 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:

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 IPA’s
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.

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.

The Department is convening a Climate Change Symposium in Kakadu National
Park in August 2008. This Symposium will be a fundamental contribution to
Kakadu’s 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.

In recognition of the role of Indigenous people in the conservation and
ecologically sustainable use of the Australia’s 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 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.

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.

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.

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 world’s 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 land’s 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 Water

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.

The Department has responsibility for developing Australia’s
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.

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.

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 Government’s 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 Australia’s 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.

Office of Sustainability, Climate Change and Innovation

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.

The Qld Climate Change Centre of Excellence is downscaling general climate
circulation models to produce regional and local climate change
projections.

The Committee coordinates and oversees a range of climate change projects
including:

Storm tide maps are being progressively developed for populated areas of
Qld most at risk from storm tides.

The study will provide inundation mapping for the Gulf of Carpentaria
region.

The Qld Government Mapping and Classification project will deliver
comprehensive maps of Qld’s wetlands

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.

Department of Lands

Referred the engagement of Indigenous people in the development of climate
change policy to the Department of Environment and Climate Change.

None advised

Office of the Attorney- General

The Chief Executive of the Attorney-General’s Department chairs a
Chief Executives Task Force on Native Title Claim Resolution comprising the
Chief Executive’s 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.

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 Executive’s Task Force.

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
Government’s policies on these issues.

The Aboriginal Congress of South Australia (representing all but one of the
State’s native title claim groups) is an existing Aboriginal
representative body through which the South Australian Government’s
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

Attorney-General’s Department

The Government’s 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:

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 Government’s Green Paper is presently
underway.

Department of Environment and Conservation

No response received.

None advised.

Department of Premier and Cabinet

Acknowledged 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.

Department of Indigenous Affairs

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 Minister’s 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.

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.

Office of the Minister for Indigenous Policy

Indigenous people are closely engaged in formulating the NT’s policy
response to climate change which is to be completed by February 2009.

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 Territory’s response to the Australian Government
Carbon Reduction Pollution Scheme Green Paper.

Economic constraints from part of the Territory’s 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.