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Uluru – Kata Tjuta Board of Management,
February 1999
The imposing features of Uluru and Kata Tjuta have always been part of an extensive cultural and natural landscape. Tjurkurpa[1] explains how the landscape was formed by the actions of ancestral beings a long time ago. The landscape, including the National Park, continues to be managed by Anangu[2] in accordance with Tjurkurpa.
The former Ayers Rock-Mt Olga National Park was excised from the then Petermann Reserve in 1958, and was managed by the Northern Territory Reserves Board. In 1977, it became a Commonwealth national park under the National Parks and Wildlife Conservation Act 1975 (Cth). In 1979, the Park was part of a claim under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). While other land was successfully claimed, the claim over the Park failed, because it was found to be alienated Crown land.[3] However, negotiations to have the Park returned to its traditional Aboriginal owners continued, with the Uluru-Kata Tjuta Aboriginal Land Trust finally being granted title on 26 October 1985. The park was immediately leased to the Director of National Parks and Wildlife under the National Parks and Wildlife Conservation Act 1975. Together, the Aboriginal Land Rights (Northern Territory) Act 1976, the National Parks and Wildlife Conservation Act 1975 and the park Lease establish the basis for cooperative or ‘joint’ management of the Park between the traditional Yankunytjatjara/Pitjantjatjara owners and Parks Australia.[4]
A Board of Management with an Aboriginal majority was gazetted in 1986, and the official name of the park was changed to Uluru–Kata Tjuta National Park in 1993.
One function of the Board is to prepare, with the Director, Plans of Management for the Park. In 1997, a series of participatory planning workshops were held with Anangu, their representative organisations and park staff with a view to better incorporating Anangu values and views into the new Plan of Management. The views of the tourist industry and other stakeholders were also widely canvassed. Traditional landowners and Board members have been closely involved with all stages of the Plan’s development. The resulting draft Plan, released for public comment in February 1999, emphasises the Aboriginal values of this World Heritage-listed Park and strengthens the role Anangu will play in the Park’s ongoing management. Wide-ranging public responses are currently being considered for inclusion in a finalised Plan.
The draft Plan is entitled Tjukurpa Warara (‘Aboriginal law up front, leading the way’), and contains sections on how joint management will work, the management of natural resources and visitors, and how the interests of the Mutitjulu community within the park will be dealt with. The final plan will contain expert translation into Yankunytjatjara/Pitjantjatjara language of a full summary, as well as all the Plan’s recommendations, to improve its accessibility and usefulness to the Park’s owners. Selected extracts from the draft plan are reproduced here.[5]
Ulurunya munu Kata-Tjutanya ngura pulka alatjitu ngura tjukurpa pulkatjara munu nintitingkupaitjara. Punu tjutangku, kuka tjutangku, apu tjutangku munu kapi tjutangku tjukurpa pulka kanyini nyinantjatjara nyangkangka, kuwariku munu ngulaku.
Anangu nguraritja uwankarangku rawangku nintiringkuku ngura nyangaku Tjukurpa tjutaku. Tjana tjukaruru wirura nyinaku ngura nyangangka. Nyangatja Tjukurpa.
Ngura pulka alatjitunyala Ulurunya munu Kata Tjutanya pulkara wirura atunymankuku ngura nyangatja-mantu World Heritage list-angka ngaranyi. Ranger tjutangku pulkara wirura Park run-amilantjanguru, utiruku ara pulka tjutanya Tjukurpatjara munu ara Australia-ku National symbol-atjaranya.
Nyangatja palyalku tjungungku run-amilantja-wanungku panya Anangungku munu Piranpa munu Anangu Ranger tjutangku lipula-ngku tjungu wirura warkaringkuku ara pulka ngapartji-ngapartji-ngku tjakultjunkula munu nintira pulanku kaltja-wanungku wirura tjukarurungku atunymankuntjaku Uluru-nya munu Kata-Tjutanya.
Kuwarila Ananguku Tjukurpa-wanungku munu piranpaku Park law-wanungku nyangatja alatji palyalku:
Mukuringanyila minga uwankaranya munu Anangu kutjupa uwankaranya nintiringkuntjaku ngura nyangaku Anangu nguraritja tjutanguru. Mukuringanyila nyura nintiringkula mula-mulangku kulira, wirura ngura nyangangka paranyakula wirura malaku ankuntjaku nyurampa walytjapitikutu. Munu nyurampa walytjapitkutu ara wirutjuta Ulurunyatjara munu Kata-Tjutanyatjara tjkultjunkuntjaku.
Uluru – Kata Tjuta Board of Management
[The Uluru – Kata Tjuta landscape is and will always be a significant place of knowledge and learning. All the plants, animals, rocks, and waterholes contain important information about life and living here — now and for all time. Anangu grandparents and grandchildren will always gain their knowledge from this landscape. They will live in it in the proper way. This is Tjurkurpa. The special natural and cultural features of this area, which have placed it on the World Heritage list, will be protected. Its importance as a sacred place, and a national symbol, will be reflected in a high standard of management. This will be achieved through joint management of Uluru – Kata Tjuta National Park where Anangu and Piranpa will work together as equals, exchanging knowledge about our different cultural values, processes and their application. Together we will apply Anangu Tjurkurpa and practice and relevant Piranpa[6] knowledge to
We would like all visitors and people with an interest in this place to learn about this land from those who have its knowledge. We would like you to respect this knowledge, behave in a proper way, enjoy your visit, and return safely to your homes and families to share the knowledge you have gained.]
...
Parks Australia and all the other people and organisations involved in looking after Uluru – Kata Tjuta National Park have legal and moral obligations to take account of Anangu Tjurkurpa and Piranpa law and to recognise other interests within Australia and internationally.
Nganampa ngaranyi uwankara unngukutu nyakuntjaku—panya tyre piltjaringanyi nganampa ngaranyi tyre unngutja fix-amilantjaku. Law kutjaraku ngaranyi tjunguringkuntjaku munu pula ara tjutangka wirura ngarantjaku. Law kutjara watalpi tjunguringu munulta kuwari ngaranyi kunpuntjaku kutju. Mara kutjara tjunguringkula pulkara kunpungku witini. —Tony Tjamiwa ©
[We need to see right through things—if a tyre is flat we need to fix the inside. The Law must be linked on both sides and run through everything. The two Laws have been linked already and now it only needs to be strengthened. Hands have reached out to interlink and now they can be clasped.]
Tjurkurpa unites Anangu with each other and with the landscape. It embodies the principles of religion, philosophy and human behaviour that are to be observed in order to live harmoniously, with one another and with the natural landscape. Humans and every aspect of the landscape are inextricably one. According to Tjurkurpa, there was a time when ancestral beings in the form of humans, animals and plants travelled widely across the land and performed remarkable feats of creation and destruction. The journeys of these beings are remembered and celebrated and the record of their activities exists today in aspects and features of the land. For Anangu, this record provides an account and the meaning of the cosmos for the past and the present. When Anangu speak of the many natural features within Uluru – Kata Tjuta National Park their interpretations and explanations are expressed in terms of the activities of particular Tjurkurpa beings, rather than by reference to geological or other explanations. Primarily, Anangu have a spiritual interpretation of the landscape of the Park. In traditional terms, therefore, they speak of the spiritual meaning of the Park, not just of the shape its surface features take. Tjurkurpa prescribes the nature of the relationships between and the obligations of those responsible for the maintenance of Tjurkurpa and the associated landscape and those who visit that land. The central attributes of these relationships are integrity, respect, honesty, trust, sharing, learning, and working together as equals. In all interactions with visitors to their land, Anangu stress the need for:
Tjurkultu kulintjaku kuranyu nguru pinangku munu utura nguukanytja tjura titutjaraku witira kanyintjikitjaku kututungku kulira. –Tony Tjamiwa ©
[clear listening, which starts with the ears, then moves to the mind, and ultimately settles in the heart as knowledge].
Plan of Management nyuwana Tjurkurpa pulka mulapa Anangu tjutaku. Ara tjuta ngaranyi Plan of Management-angka - ara Tjukuritja tjutatjara: atunymananyi Law. Anangu munu Park staff tjungu waakaringanyi. Munu Anangu munu park management tjungu waakaringanyi. —Mrs Patterson ©
[The Plan of Management is an important Tjurkurpa for Anangu. There are a lot of stories in the Plan—sacred sites; protecting Law. Anangu and Park staff are working together. Anangu and Park management together.]
Tjurkurpa is the foundation of Park management, in terms of infrastructure development, interpretation of the Park’s values and cultural and natural resource management. Anangu members of the Board make a critical contribution to setting policy directions for the Park. Anangu consider that, to care properly for the Park, Tjurkurpa must come first. In practice, they say this means:
Anangu say that if all of these things are not done the requirements of Tjurkurpa will not be fulfilled and the country will die.[7] In conjunction with the Park Manager, the Office for Joint Management consults Nguraritja[8] on all major and most minor works in the Park, to ensure that neither the nature nor the location of proposed developments conflicts with Tjurkurpa. Examples of the results of this consultation are the siting of the Kata Tjuta access road, the siting and design of both the climb and sunset car parks, the location of walking tracks at Uluru and Kata Tjuta, and the siting and design of the Cultural Centre. Nguraritja have in the past modified or rejected a number of proposals for development when they found them to be in conflict with Tjurkurpa. Decision making in the Park has been based on the principle that Anangu responsibility to care for country always take precedence over other management considerations. Both at Board level and in day-to-day management Nguraritja viewpoints have been a significant and deciding factor. Nguraritja opinions have been sought in decision-making processes, including planning for developments, staff selection, work programming, planning for interpretation, and designing training programs. This involvement has been facilitated through:
In all policy areas and for major management decisions such as Park developments, the Board of Management and Parks Australia will continue to consult Nguraritja through the Office for Joint Management and the Central Land Council. For day-to-day management matters, Parks Australia and the Office for Joint Management will continue to consult the appropriate representatives of the Mutitjulu Community, in accordance with guidelines agreed by the Board of Management.
Parks Australia and the Office for Joint Management will maintain a record of all consultations with Nguraritja in relation to policy development and important management decisions.
Permanent staff will continue to receive cross-cultural training, and the learning and use of Anangu languages will be encouraged.
Develop ongoing strategies to involve younger Anangu in the management of the Park through Tjurkurpa
Innovatively develop strategies to support and fund Anangu in the conducting of these activities
Mai puutjitji tjutaya ngaranyi Park-angka, tupunpangka. Tjurkurpa kulu-kulu ngaranyi mantangka, kuwarikutu titutjara ngaranyi, Anangu ninti, palu tjitingka nyinapainya tjana ngurpa. Anangungku Tjurkurpa atunymananyi. —Tony Tjamiwa ©
[There is a lot of bush tucker inside the Park and in the sandhills. There is Tjurkurpa in the land; it is still here, Anangu know. In the city, people don’t. Anangu look after Tjurkurpa.]
The area of Tjurkurpa that relates to ecological responsibility is what Anangu usually refer to as ‘looking after country’. Caring for the land is an essential part of ‘keeping the Law straight’. From this area of Tjurkurpa, Anangu learn their rights and responsibilities in relation to sites within country, other people who are related to the land in the same way, and the ancestral beings with whom sites and tracks are associated. This is also where Anangu learn about the formal responsibilities of caring for the land. Creations that derive from Tjurkurpa are not confined to geological features such as rock faces, boulders and waterfalls. Plants and animals derive from the creative period of Tjurkurpa. Much of what Piranpa would call biological or ecological knowledge about the behaviour and distribution of plants and animals is considered by Anangu to be knowledge of Tjurkurpa. Such knowledge commonly forms part of the content of the stories of the ancestral beings’ activities and is taught in association with exploitation of food resources. Thus, whilst travelling the land to gather and hunt for food, Anangu learn how such activities are related to a unified scheme of life that stretches from the beginning of all things to the present. Tjurkurpa also refers to the record of all activities of ancestral beings, from the beginning to the end of their travels. With few exceptions, Tjurkurpa within the Park is part of much wider travels of ancestral beings. The relationship of the Park area with other areas is traceable by sites along the tracks of ancestral beings on their way to or from Uluru or Kata Tjuta, thus making the Park an important focus of many converging ancestral tracks. Around Uluru, for instance, there are many examples of ancestral sites. The Mala Tjurkurpa involves three groups of mala (the rufous hare-wallaby) that travel from north of Yuendumu to Uluru. Subsequently, two groups of them flee to the south and south-east into South Australia as they attempt to escape from Kurpany, an evil dog-like creature that has been specifically created and sent from the Petermann Ranges close to the Western Australian border. It is important that planning in the Park take into account the Anangu perception that, through these links, areas in the Park derive their meaning from, and contribute meaning to, places outside the Park. Links with other places form an integral part of the way in which Anangu ‘map’ the landscape of the Park. This in turn has implications for their decisions about areas in the Park and the strong relationships they wish to maintain with the entire Western Desert area. The location of Homelands in Anangu lands bordering the Park has been heavily influenced by such landscape ‘mapping’. The homelands also reinforce the social connections and ritual obligations among Nguraritja Winki.[9] Taken together, they mean a responsibility for looking after country. Thus the Homelands are integral to the Tjurkurpa of Uluru – Kata Tjuta National Park. Anangu have used landscape ‘maps’ for many management purposes during the operation of the previous Plan. This knowledge has assisted with the location of Park developments, the identification of fauna and flora colonies, and the interpretation of landscape features for visitors to the Park. The Liru and Mala Walks, in particular, were constructed on the basis of landscape ‘maps’ derived from Tjurkurpa.
To include Nguraritja in high-level decision making, the Director of National Parks and Wildlife will continue to make funds available through the Community Traditional Consultancy budget and other agreed measures.
Parks Australia will continue to employ senior Nguraritja as traditional consultants to set work directions in areas of traditional land-management expertise.
The research program for the Park will include Anangu ecological knowledge and understanding where appropriate. Consultancies may be commissioned to allow for the production of interpretive materials based on this research.
Tjilpingku munu pampangku ara tjuta kanyini katangka; tjana mukuringanyi yangupala tjutangku ara tjutaku nintiringkuntjaku. Yaaltji-yaaltji waakaringkuntjaku munu nintintjaku Tjurkurpa. —Mary Kaiu Kaiu ©
[Old people have the stories in their heads; they want young people to learn them. How are we to work and teach the Tjurkurpa ?]
Anangu have lived in and maintained the landscape and Tjurkurpa in Uluru – Kata Tjuta National Park for many thousands of years. The story of this occupation and land use can be reconstructed from archaeological deposits, from the rock art and engravings Anangu created to depict events from Tjurkurpa and their own lives, and from the personal histories of people living in the Park today. Anangu history is an important part of the cultural significance of the Park and is worthy of record and preservation. During the currency of the previous Plan measures for the protection and conservation of rock art were implemented, among them the installation of platforms, guide rails and barriers. Consultants were also engaged to provide a management plan for rock art at Uluru; this included data management, field assessment, and recommendations for specific sites. Silicon drip lines have been installed in a number of caves. Some vandalism to rock art has been repaired and one cave has been closed to visitors. In the past some work has been done to collect and interpret for visitors the oral history of Uluru and its traditional owners; examples are the film Uluru: an Anangu story, made by Anangu with Film Australia, and audio and video displays at the Cultural Centre.
Measures recommended during previous archaeological surveys for the rehabilitation and conservation of rock art and caves will be implemented as a matter of priority. The Board of Management may approve further consultancies on measures for conserving rock art or to identify or investigate other archaeological and heritage resources in the Park. An archaeological survey of the Park will be carried out during the currency of this Plan.
Nguraritja will be consulted regularly in relation to site protection.
Anangu tjutangku, Anangu munu Piranpa kuwari pitjantja tjuta nintini Tjurkurpatjara. Tjana mantu pulkara wirura uti kulintjaku Ananguku kaltjaku munu tjanalta tjungu Anangu tjutawanungku ngura munu Anangu tjuta atunymananyi.—Sarah Goodwin ©
[Anangu are teaching Anangu and non - Anangu newcomers about Tjurkurpa so they can really clearly understand the Anangu way and help us to protect our country and people.]
Like any body of law, Tjurkurpa is the source of rules of appropriate behaviour that relate people to other people and people to the land. The first area of appropriate behaviour deals with day-to-day things such as protocol, the relationship between men and women, marriage, child rearing, and the relationships between the old and the young and between various other categories of kin.
From earliest times, throughout the entire Western Desert area, Anangu have been able to establish through kinship or family ties their social relationships with other people so as to be able to use kin terms comfortably. They then deal with each other as family (walytja), even if they have never before met. This is how Anangu are able to refer to themselves as ‘one people’. These structured relationships carry intricate economic, social and religious rights and responsibilities. One of the advantages of such social organisation is that it supports cooperative strategies for movement over the land and for exploitation of the land’s resources, even by people who cannot be constantly in contact with one another.
Iriti Anangu walytja-piti tjuta ninti nyinangi, panya yaaltji-yaaltji wirura tjukaruru nyinantjaku. Yangupala tjutanya tjilpingku munu pampangku nintipungkupai ka mamangku munu ngunytjungku wirura maingka tjitji kanyilpai. Kuwari nganana Park atunymananyi munula nyanga alatji ngarantjaku mukuringanyi. —Pulya Taylor ©
[In the old way families knew how to behave and live well. The young were taught by the old and the parents provided for them all. Now we have the Park to look after and we want it to work in this way.]
Employment arrangements for Anangu working in the Park take into account social and religious obligations by allowing for considerable flexibility in work hours. Where Anangu have been required to go away for several weeks at a time for religious ceremonies or to honour other social or family responsibilities Parks Australia has been able to adapt work requirements so as not to disadvantage Anangu and not to affect overall Park-management responsibilities. The Park was closed for three hours in 1987 to allow the unobserved transit through the Park of Anangu who were engaged in ceremonial activity. Since this time sections of the Uluru ring road have sometimes been closed for ceremonial reasons; these closures are effected in a way that minimises disruption to visitors. Park staff have received instruction in aspects of social behaviour that affect Anangu work practices. This includes avoidance relationships (kin not permitted to talk to or look at each other), the appropriate type of work for men and women, and the precedence of old people over the young in decision making. These aspects of social behaviour are taken into account in the development of work programs.
Park staff will continue to receive instruction about aspects of social behaviour that affect Anangu work practices. Anangu will continue to be trained in areas appropriate to their employment needs.
The Board of Management may approve other measures that facilitate the observance of Anangu social or religious responsibility.
Wangkantjaku iwara patu-patu wirura tjunkuntjaku minga tjutaku munu alatjingku ngura Tjukuritja tjuta wirura anga kanyintjaku munu minga tjuta safe kanyintjaku. —Millie Okai ©
[Talk about the proper place to put the roads for visitors and safeguard sacred areas and keep visitors safe.]
For Anangu, an essential part of ‘keeping the Law straight’ involves ensuring that knowledge is not imparted to the wrong people and that access to significant or sacred sites is not gained by the wrong people, whether ‘wrong’ means men or women, Piranpa visitors, or certain other Anangu. It is as much a part of Anangu religious responsibility to care for this information properly as it is for other religions to care for their sacred precincts and relics. The same holds true for sites and locations on ancestral tracks where events that are not for public knowledge took place. Neither knowledge of nor access to such sites is permissible under Anangu Law. Even inadvertent access to some sites constitutes sacrilege.
Special management measures have been taken to help Anangu continue protecting Tjurkurpa whilst allowing visitors to enjoy the Park. One of the main objectives of the interpretive strategy for the Park is to enhance visitors’ knowledge and appreciation of what constitutes culturally appropriate behaviour as part of the experience of visiting a jointly managed national park. Policies and regulations in relation to visitor management have been developed in such a way as to emphasise Anangu perceptions of appropriate behaviour for visitors. Of particular importance are policies and guidelines developed by the Board of Management for commercial filming and photography and the fencing off of certain areas around the base of Uluru, to ensure visitors do not inadvertently contravene Tjurkurpa restrictions.
During a previous Plan of Managment, Anangu expressed dissatisfaction with the quality of the information about Anangu culture and Tjurkurpa that visitors were receiving from published materials and tour company guides. To help counter this, the award-winning Uluru - Kata Tjuta Cultural Centre was built, opening in 1995. The Centre has greatly increased opportunities for visitors to learn about Tjurkurpa, Anangu culture and the Park. Within the bounds of appropriate access, Tjurkurpa provides a basis for most of the interpretation of the Park to visitors. Nguraritja Winki want visitors to take away a comprehensive understanding of how Anangu interpret this landscape. Tjurkurpa contains information about the landscape features, the ecology, the flora and fauna, and appropriate use of areas of the Park. Some of this information has been passed down to Anangu by senior Nguraritja Winki in forms that can be shared with visitors. In addition, Anangu believe that visitor understanding of the Park can be enhanced by the provision of information about how Anangu use the Park’s resources and the history of their use of these resources. Anangu explanations of the Park’s landscape form the core of interpretive materials prepared for visitors. Among such materials are the Park Notes, the Liru, Mala and Mutitjulu Walk brochures and signs, the Kata Tjuta viewing platform signs, and the interpretive display in the Cultural Centre.
Forums for Nguraritja to express their needs will be facilitated.
Tjingaru Anangungku pitjala wangkanytjaku kuranyungku yaaltji tjana wangkangku panya puli nyangatja wiru mulapalampa uwankarangku. –Kunbry Peipei ©
[People should come and talk to Anangu first and listen to what they say. The Rock is a very significant place for us].
The interests of Aboriginal people in Uluru – Kata Tjuta National Park stem principally from an individual’s or a group’s relationship to the land, as defined by Tjurkurpa, or Anangu Law. The term Anangu use to describe all the people with such interests in the land is ‘Nguraritja Winki’. There is not necessarily a directly equivalent term in English, but there are several (essentially non-Aboriginal) legal constructs that attempt to define various Aboriginal interests in the Park, as follows.
‘Traditional Aboriginal owners’ is defined in the Aboriginal Land Rights (Northern Territory) Act 1976. In relation to land, the term means a local descent group of Aboriginal people who:
(a) have common spiritual affiliations to a site on the land being affiliations that place the group under a primary spiritual responsibility for that site and for the land; and
(b) are entitled by Aboriginal tradition to forage as of right over that land.
The Lease for the Park also refers to ‘relevant Aboriginals’, which includes all the traditional Aboriginal owners of the Park, plus Aboriginal people entitled to use or occupy the Park, and Aboriginal people permitted by them to reside in the Park. The Uluru – Kata Tjuta Aboriginal Land Trust was established under the Aboriginal Land Rights (Northern Territory) Act 1976 to hold title to the land making up the National Park. The Director of National Parks and Wildlife leases the Park from the Land Trust. Under the Land Rights Act, the Central Land Council represents the Land Trust.
Uluru – Kata Tjuta National Park is an Aboriginal landscape. While the Park has been established to conserve its natural and cultural values, and to provide for appropriate visitor use, it is also a management objective that recognition be given to the rights of the Aboriginal landowners and managers. It is particularly important to Nguraritja Winki that their children and future generations enjoy the rights, responsibilities and cultural understanding they enjoy.
It is essential that Parks Australia understands Nguraritja Winki aspirations and that it assists, where possible, with community development. Within the region of the Park, federal and Territory government agencies and regional Aboriginal associations are primarily responsible for matters such as health (including substance abuse), housing, education and employment. Recognising how important these things are and supporting community-development programs greatly assists in making joint management of the Park strong and sustainable.
It is also important to Nguraritja Winki that their partners in Park management, and the wider Australian community, appreciate and respect their community and cultural values and priorities.
Central to Tjurkurpa is the concept that Anangu are responsible for looking after country. This responsibility entails obligations to current and future generations. These obligations are shared by Nguraritja Winki and Parks Australia on behalf of the world community. A prime objective of joint management is to make sure that traditional skills and values and a ‘scientific’ approach complement each other in looking after the country of the Park. Nguraritja have expressed their wish for Parks Australia, as joint management partner, to contribute current best-practice knowledge about park management to go along with their traditional management practices. Looking after country is one of the most successful expressions of joint management in the Park: Anangu and Piranpa share knowledge and work.
The land has always provided for the economic well-being of Nguraritja Winki. Traditionally, harvesting and using the Park’s resources have provided the basis for the economy. Nguraritja Winki want to continue their tradition of harvesting and using resources but they also want to benefit from their land in other, new ways. Nguraritja Winki expect to benefit from their land being managed as a national park through direct employment in the Park and by providing services to Anangu enterprises and Parks Australia. They seek greater benefit from the use of their land for tourism and have asked that prime tourism resources or activities be reserved for their benefit. This, of course, would not prevent partnerships between Piranpa and Anangu in developing tourism ventures. Anangu expect to be able to explore and develop new opportunities where these activities do not detract from Park values.
The Park is leased by the Uluru – Kata Tjuta Aboriginal Land Trust (representing the traditional owners) to the Director of National Parks and Wildlife as a national park. The current Lease runs from 26 October 1985 to 25 October 2084. With the exception of the Lease’s 99-year term, the provisions of the Lease may be renegotiated by the Land Trust, the Central Land Council and the Director every five years. Reviews of the Lease are due in 1999 and 2004. The Land Trust and the Director may also vary any provision of the Lease at any time. Five years before the Lease expires the Land Trust and the Director will negotiate for its renewal or extension. The Land Trust and the Director may agree in writing to terminate the Lease at any time. If any legislation enacted in connection with the Park is inconsistent with the Lease and substantially detrimental to the Land Trust or to ‘relevant Aboriginals’ in terms of the Park’s administration, management or control, the Lease is deemed to be breached and may lead to termination of the lease on 18 months notice being given by the Land Trust, subject to an obligation to negotiate bona fide with a view to a new lease being granted. Under the Lease the following rights of ‘relevant Aboriginals’ are reserved (subject to the Plan of Management):
On the basis of decisions reached by the General Assembly of the IUCN (International Union for the Conservation of Nature and Natural Resources) in New Delhi in 1961, Commonwealth and State Ministers responsible for the environment in Australia adopted the following definition of a national park:
A national park is a relatively large area set aside for its features of predominantly unspoilt natural landscape, flora and fauna, permanently dedicated for public enjoyment, education and inspiration and protected from all interference other than essential management practices, so that its essential attributes are preserved.
Along with many countries, the IUCN has recognised the appropriateness of indigenous people playing a legitimate role in the management of national parks declared over traditional lands.[10] Australia leads the world in implementation of the concept of cooperative management of national parks on traditionally owned land.
Australia was one of the first countries in the world to sign the Convention for the Protection of the World Cultural and Natural Heritage (1972) , which came into force in 1975. More than 140 countries are now signatories to the Convention and more than 440 sites around the world are listed as World Heritage areas. There are 11 in Australia. The Convention is concerned with identifying, protecting and conserving cultural or natural features of outstanding universal value and promoting cooperation among nations. Parties to the Convention undertake to identify, protect, conserve, present and transmit to future generations the World Heritage properties in their territory. As noted, Uluru – Kata Tjuta National Park is one of few properties on the World Heritage list for both its natural and cultural values. It was listed in 1987 as a natural property for two reasons:
In 1994 Uluru – Kata Tjuta became the second national park in the world to be listed as a cultural landscape, again for two reasons:
Appendix A summarises the features of Uluru – Kata Tjuta National Park that meet these natural and cultural World Heritage criteria. ICOMOS (the International Council for Monuments and Sites) assessed the cultural values of Uluru – Kata Tjuta National Park for the World Heritage Committee. This honour provides international recognition of Tjurkurpa as a major religious philosophy linking Anangu to their environment and as a tool for caring for country.
In 1995 Uluru – Kata Tjuta National Park won the Picasso Gold Medal, UNESCO’s highest award for outstanding efforts to preserve the landscape and Anangu culture and for setting new international standards for World Heritage management. The award went jointly to Parks Australia and the Uluru – Kata Tjuta Board of Management. In addition, in January 1987 Uluru – Kata Tjuta National Park was accepted as a biosphere reserve under the UNESCO Man and the Biosphere program, an international network that aims to protect and preserve examples of the world’s major ecosystem types.
The legislative foundation for the joint management arrangements applying to Uluru – Kata Tjuta National Park is found in the Commonwealth’s National Parks and Wildlife Conservation Act 1975 and Aboriginal Land Rights (Northern Territory) Act 1976. Over the years both Acts have been amended in concert to ensure that a solid, workable basis exists for the complex actions and activities of joint management. Among other things, the National Parks and Wildlife Act:
Among other things, the Aboriginal Land Rights (Northern Territory) Act:
provides for the granting of title to land to traditional Aboriginal owners;
In July 1998 the Minister for the Environment introduced the Environment Protection and Biodiversity Conservation Bill 1998 into the Senate. Following the return of the Government after the October 1998 election the Bill was reintroduced to Parliament. This Bill is designed to consolidate Commonwealth environmental law, including the National Parks and Wildlife Conservation Act 1975, the Environment Protection (Impact of Proposals) Act 1974 and the Endangered Species Protection Act 1992.
Uluru – Kata Tjuta National Park is on the register of the National Estate and consequently the Minister and Director are subject to provisions of the Australian Heritage Commission Act 1975 relating to any activities that may affect to a significant extent the Park’s National Estate values.
The World Heritage Properties Conservation Act 1983 provides for the protection and conservation of those properties in Australia that are of outstanding universal or cultural value.
The Environment Protection (Impact of Proposals) Act 1974 establishes procedures to be followed if there is potential for serious impacts on a national park’s environment. For example, it has been customary to assess new plans of management under this Act.
The Endangered Species Protection Act 1992 provides for the conservation of endangered and vulnerable species and communities and for the mitigation and control of threatening processes responsible for the species’ and communities’ status.
In recent times a number of significant strategies and policy documents have been developed by the Commonwealth Government or its agencies. Some are pertinent to the management of Uluru – Kata Tjuta National Park and must be taken into consideration in determining policies. Among them are the following:
Northern Territory laws are applicable to the Park and people in the Park provided those laws are not inconsistent with the National Parks and Wildlife Act and Regulations or other Commonwealth laws. They must also not interfere with the performance of functions and exercise of powers by the Director of National Parks and Wildlife.
Among Northern Territory laws of relevance to the Park are those relating to criminal and illegal activities, sacred sites and heritage, traffic and motor vehicles, work health and occupational health and safety, and provision of services (power, water and sewerage). The operation of Northern Territory laws relating to wildlife conservation in areas adjoining the Park may be of relevance given the need to manage the Park in a regional context. Given the proximity of Yulara and its airport to the Park, Northern Territory government policies and actions relating to such activities as tourism and its promotion may have considerable effects on operations in the Park.
...
Nganampa ngaranyi rules kutjupa kutjupa palyantjaku mitingiku. Nganana mitingingka wangkantja tjuta uti tjukarurungku kulintjaku. —Kunmanara Ailek ©
[We need to have proper ways of meeting so everyone clearly and at all times understands.]
Uluru – Kata Tjuta Board of Management was established by a notice issues under section 14C of the National Parks and Wildlife Conservation Act 1975. The notice was published by the Minister for the Arts, Heritage and the Environment (with the agreement of the Central Land Council, as required by section14C) in the Commonwealth Gazette in December 1985. It has since been amended by further notices published in the Gazette in April 1986 and June 1989. The amended notice makes the following provisions.
The Board’s functions under section 14D of the Act are as follows:
Board procedures and appointments are provided for in sections 14E to 14K of the Act.
All members of the Board are to continue to receive training in their legal and policy roles and responsibilities, including policy development, monitoring and budgeting processes, meeting procedures, conflict of interest, ministerial briefings, and cross-cultural awareness. The training program is to be prepared by the Office for Joint Management in consultation with the Park Manager and the Chair of the Board. Funding for this training is to be incorporated in the Board’s annual budget allocation.
The Board Secretariat is to prepare for the Board a procedures manual that records the respective roles andresponsibilities of Board members as well as meeting procedures, including agenda and standing items. Board procedures should be periodically reviewed through the Secretariat.
In addition to existing consultative groups, the Board may provide for the establishment of consultative or advisory groups, on either a continuing or a short-term basis, to advise the Board and be a forum for dialogue between Parks Australia, the Board of Management, and other interested parties.
Secretariat functions and support will continue to be provided by the Assistant Coordinator of the Office for Joint Management.
The position of Director of National Parks and Wildlife exists by virtue of the National Parks and Wildlife Conservation Act 1975. Under the Act, the Director is generally responsible for the management of the Park, and the administration of the Act and other legislation (see section 2.6). Under the Lease, the Director also has a number of rights and responsibilities (see section 2.4). The Director sits on the Board of Management in his or her own right and is responsible to the Board for Park management and the implementation of Board decisions; in this respect the Park Manager and the staff of Parks Australia are the Director’s agents. The Park Manager reports to the Director through the head office of Parks Australia North, in Darwin.
Parks Australia is part of the Commonwealth Government’s Environment Australia and shares Environment Australia’s charter of striving for excellence in the programs for which it is responsible. It also upholds the ethical values of the Australian Public Service and is committed to integrity, responsiveness, responsibility, and caring for the environment, as outlined in Environment Australia’s corporate plan. The Director of National Parks and Wildlife has a number of obligations under the Act, the Lease and the Plan of Management. The lease states that preservation, management and maintenance of the Park’s flora, fauna, cultural heritage and natural environment be in accord with the best management practices established for national parks anywhere in the world or, where no comparable management practices exist, with the highest standards practicable. Any change to Park-related legislation that could be considered substantially detrimental to the interests of the Aboriginal traditional owners of the Park may provide grounds for terminating the Lease subject to an obligation to negotiate bona fide with a view to a new Lease being granted.
Parks Australia will continue to pursue open and productive communication with the tourism industry and other interested parties. The consultative committees will be an important part of this process.
During the preparation of budgets, Parks Australia will draw attention to the legal obligations under the Lease, The Act and this Plan in relation to the management standards required for the Park. The Board of Management and the Central Land Council will be consulted about any proposed changes to legislation affecting the Park and especially those which affect the interests of Nguraritja Winki.
As the Lease requires, the Director of National Parks and Wildlife provides funding to Mutitjulu Community Inc. for a Community Liaison Officer in accordance with the budget approved by the Board of Management. The previous Plan of Management determined that Board consultation on park management policy with Nguraritja ‘will be conducted through the Mutitjulu Community Liaison Officer unless Mutitjulu Community Council requests other mechanisms acceptable to the Board’. During the term of the previous Plan the Community Liaison Officer’s workload escalated for a number of reasons. These included a substantial rise in the number of visitors, an associated increase in visitor management developments, an increased Parks Australia presence, and consequently greater consultation with Nguraritja about cultural and natural resource management. The national effects of the Sydney 2000 Olympic Games, and the 2001 celebration of the centenary of the Federation give cause to expect that these pressures will continue to increase.
A review of the Community Liaison Officer position, presented to the Board in February 1997, recommended that the position title be changed to ‘Coordinator, Joint Management’ and further ‘that the office through which the position operates be renamed the Office for Joint Management’.[11] Other recommendations dealt with expansion of the functions of and resources for this Office. The expanded functions include the development and management of a structured training and development program for people involved in joint management of the Park and the provision of a Board Secretariat. The Secretariat service is provided by the Assistant Coordinator, Office for Joint Management—a position created in 1997. Among the Assistant Coordinator’s other responsibilities are supporting the Chair of the Board of Management and the Coordinator for Joint Management and identifying a systematic program of cost recovery for the training program. The Board endorsed the review’s recommendations at its March 1997 meeting. The new arrangements have now been implemented.
Sufficient funds should be made available from Parks Australia’s budget for the effective implementation of joint management.
As part of the preparation of the Park’s annual operational plan, the Board will conduct an annual review of the efficiency, funding and staffing requirements of the Office for Joint Management.
Staff of the Office for Joint Management will continue their informal weekly meetings with the Park Manager, and with other staff as appropriate, in addition to the required attendance at the regular monthly meetings of senior Park staff.
The Central Land Council is established under the Aboriginal Land Rights (Northern Territory) Act 1976. As the representative of the Uluru – Kata Tjuta Aboriginal Land Trust, the Central Land Council plays a pivotal role in joint management of the Park through assistance with consulting traditional owners, both within the Park and in surrounding communities. The Land Council also helps ensure that the provisions of the Lease are upheld. Its functions under the Act include:
Under the Lease, the Central Land Council represents the Uluru – Kata Tjuta Aboriginal Land Trust and has specific functions—for example, receiving and distributing rent and other payments; being consulted in relation to administration, management and control of the Park; and providing a mechanism whereby the Director of National Parks and Wildlife can consult with ‘relevant Aboriginals’. The Central Land Council also has important functions under the National Parks and Wildlife Conservation Act 1975: it may make representations in relation to a proposed Plan of Management; it monitors to determine whether the Director is complying with the Plan of Management; and once a Board of Management has been established by the Minister the notice cannot be revoked or amended without the Land Council’s agreement.
The Central Land Council will have a number of roles in the development and monitoring of the Plan of Management:
The Central Land Council will report regularly on consultations with ‘relevant Aboriginals’ and monitoring of compliance with implementation of the Plan.
[1] Aboriginal law, sometimes referred to as 'the Dreaming'
[2] Literally ‘person’, the name the region’s traditional landowners use to refer to themselves.
[3] Only unalienated Crown land is available for claim under the Act.
[4] The Commonwealth agency headed by the Director.
[5] The full text is available at <www.environment.gov.au/library/pubs/pubs_subject.html#protected>.
[6] White person.
[7] Holden, A 1998, Talking Straight and Levelling Things Up: report on the cultural and
social impact of the operation of Uluru – Kata Tjuta National Park on the Aboriginal
traditional owners Report to the Office for Joint Management, Uluru – Kata Tjuta
National Park, unpub.
[8] Traditional owners.
[9] All traditional owners.
[10] Commission on National Parks and Protected Areas 1978, Categories, Objectives
and Criteria for Protected Areas, IUCN, Morges, Switzerland; Dassman, R F 1973, Classification and Use of Protected Natural and Cultural Areas, Occasional paper 4, IUCN, Morges, Switzerland.
[11] Morgan 1997.
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URL: http://www.austlii.edu.au/au/journals/AUIndigLawRpr/1999/47.html