Research Publication No. 31

Aboriginal and Torres Strait Islander interests in the Great Barrier Reef Marine Park

Dr Anthony Bergin
Department of Politics
University College
Australian Defence Force Academy
University of New South Wales

November 1993

A Report To The Great Barrier Reef Marine Park Authority

COVER PAGE & VERSO [Adobe Acrobat Format 77.05KB]
TABLE OF CONTENTS [Adobe Acrobat Format 186.06KB]
EXECUTIVE SUMMARY [Adobe Acrobat Format 230.42KB]
- Terms of Reference
INTERNATIONAL LEGAL DEVELOPMENTS RELATING TO RECOGNITION OF ABORIGINAL PEOPLES RIGHTS TO MARINE RESOURCES [Adobe Acrobat Format 1063.20KB]
- International Covenant on Civil and Political Rights
- International Convention for the Elimination of all Forms of Racial Discrimination
- International Labor Organisation Convention No. 169
- 1982 Law of the Sea Convention
- Draft Declaration on the Rights of Indigenous Peoples
- Agenda 21
- Biological Diversity Convention
- SPREP
- GBRMPA Implications
OVERSEAS EXPERIENCE WITH INDIGENOUS SEA RIGHTS [Adobe Acrobat Format 966.09KB]
- New Zealand
- Canada
- United States
- South Pacific
- Implications for GBRMPA
AUSTRALIAN EXPERIENCE WITH SEA RIGHTS [Adobe Acrobat Format 699.18KB]
- Sea Rights in the Northern Territory and Queensland
- Legislation on Aboriginal Fishing Rights
- Queensland Fisheries Legislation
- GBRMPA and Traditional Fishing
- Torres Strait
- Summary
MABO AND MARINE TRADITIONAL NATIVE PROPERTY RIGHTS [Adobe Acrobat Format 1050.15KB]
- Summary of Mabo Judgement
- Mabo and Marine Traditional Native Property Rights
- Commonwealth Extinguishment of Marine TNPR
- State Extinguishment of Marine TNPR
- The Commonwealth and Marine TNPR
- Compensation for Loss of Marine TNPR
- GBRMPA Implications
GBRMPA AND INDIGENOUS RIGHTS ISSUES [Adobe Acrobat Format 1311.61KB]
- Smith Report 1987
- Smyth 1990
- Smyth 1992
- Dugong Management
- Ziegelbauer Report 1991
- The Cordell Report 1991
- ESD Fisheries Working Group Report 1991
- Smyth Report to the Resource Assessment Commission 1993
- GBRMPA and Aboriginal and Islander Involvement
- Summary
FUTURE DIRECTIONS [Adobe Acrobat Format 1815.15KB]
- Recommendations for Aboriginal and Torres Strait Islander representation on the Consultative Committee need to be acted upon with a consequent change to the Act
- Augment the resources of the Aboriginal liaison officer and move towards making this a higher level position
- The establishment of a separate Aboriginal and Islander Consultative Committee should be considered.
- There should be a formal recognition in the Act that maritime clan boundaries and maritime clan estates will be recognised in zoning and management plans
- Recommendations for Aboriginal Management zones and Heritage areas in coastal regions near communities need to be acted upon
- Previous recommendations for Aboriginal communities to be involved in joint management strategies, using community rangers (see point 6.7 below) and to be directly consulted on marine resource use and management need to be acted upon
- The desire by Aboriginal communities to be involved in management through community rangers should be supported in ways that stress local training and supervision
- Move towards local management structures so that in the longer term the need for permits for traditional hunting will be reduced or eventually not be necessary
- Strengthen information policies to target both Aboriginal communities and the public on issues of Aboriginal concern
- Consult with the Lands Department on Trends in Aboriginal lands claims
- Improve efforts to consult with Ton-es Strait Islander people and engage them in the management of the marine park
- Collaborative Research Program
- Summary
RECOMMENDATIONS [Adobe Acrobat Format 372.72KB]
ACKNOWLEDGEMENTS [Adobe Acrobat Format 54.92KB]
BIBLIOGRAPHY [Adobe Acrobat Format 557.76KB]
APPENDIX [Adobe Acrobat Format 199.89KB]