management plan blue pools reserve for cultural …

MANAGEMENT PLAN

BLUE POOLS

RESERVE FOR CULTURAL AND

ENVIRONMENTAL PURPOSES

Revision

Prepared for Public Consultation

July 2019

in Consultation with the Eastern Kuku Yalanji Women Traditional Owners

Jabalbina Yalanji Aboriginal

Corporation

MANAGEMENT PLAN – BLUE POOLS RESERVE – REVISED VERSION 2019

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Table of Contents

1. Introduction ............................................................................................................................................ 4 1.1 Background ................................................................................................................................ 4 1.3 Compliance with legislation, planning schemes, etc ................................................................ 5 1.4 Planning Scheme ........................................................................................................................ 6

2. Trustee Details ........................................................................................................................................ 6

3. Description of the Trust Land .................................................................................................................. 7 3.1 Parcel Description ...................................................................................................................... 7 3.2 History of the Trust Land ........................................................................................................... 7 3.3 Local Area Description ............................................................................................................... 7 3.4 Existing Uses .............................................................................................................................. 7 3.5 Existing Interests ........................................................................................................................ 8 3.6 Exclusivity and Restrictions of Existing Interests ...................................................................... 8 3.7 Existing Infrastructure ............................................................................................................... 8 3.8 Detailed Site Description – Current Uses .................................................................................. 8 3.9 Detailed Site Description – Cultural Heritage values ............................................................... 9 3.10 Native Title Status ...................................................................................................................... 9

4. Proposed Use of the Trust Land .............................................................................................................. 9 4.1 Proposed Use ............................................................................................................................. 9 4.2 Constraints and Opportunities of Proposed Use (existing and future) ................................... 9 4.3 Development Intended............................................................................................................ 10 4.4 Exclusivity and Restrictions of Access ..................................................................................... 10

5. Community Consultation ...................................................................................................................... 10 5.1 Traditional Owners .................................................................................................................. 10 5.3 Neighbouring Landholders ...................................................................................................... 11 5.2 Local Residents ........................................................................................................................ 11 5.4 Conservation Sector ................................................................................................................. 11 5.5 Tourism Industry ...................................................................................................................... 12 5.6 Emergency Services ................................................................................................................. 12

6. Goals of the Management Plan ............................................................................................................. 12

7. Budget Statement ................................................................................................................................. 14

8. Monitoring............................................................................................................................................. 14 8.1 Monitoring ............................................................................................................................... 14 8.2 Assessment of the quality of management and condition of the Trust Land ....................... 14

9. Summary and Recommendations ......................................................................................................... 15

10. List of References .................................................................................................................................. 15

11. Appendices ............................................................................................................................................ 15


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Version History

Version Date Comment

v1-10 drafts/public consultation version/comments from Jabalbina

v11 final version for approval

January 2013 included version history v11 submitted for approval in terms of the Land Act 1994 v11 received approval in terms of the Land Act 1994 in March 2013

v12 approved version March 2013 v12 created as the Approved Version of this land management plan in terms of the Land Act 1994

V13 version for DSC approval

July 2018 V13 created

V14 version for DSC approval

September 2018 Revised as per meeting 31 August 2018 Eastern Kuku Yalanji Women Traditional Owners

V15 version for DSC & approval

November 2018 Revised as per comments from DSC officers

V16 – version for community consultation

May 2019 Tracked changes deleted


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1. Introduction Land Management Plan applies to: A specific parcel of trust land detailed in (Tick which is applicable) 3 below A class of trust land, being Trust land within a specific locality or

regional area, being 1.1 Background This Management Plan relates to the trust land described as lot 900 on SP238233 being land formerly part of Flame Tree Road, adjacent to that part of Cooper Creek locally known as ‘Blue Hole’. Blue Hole is the name given by locals to the deep pool situated on a bend in Cooper Creek at the end of Flame Tree Road, Diwan. To the Traditional Owners, the locality is referred to as Blue Pools. The place has important aesthetic, cultural and environmental values, the name refers to the colour of the water, which is very blue and clear. The trust land will be referred to as Blue Pools throughout this Plan. The area of trust land is 2581m2. Access is formed on the dedicated road alignment that is Flame Tree Road. The road currently provides practical access to residents of lot 51 on SR767 (to the north of Cooper Creek) and to lot 180 on RP739774 (to the south of Cooper Creek) and adjacent to Flame Tree Road. Where the trust land boundary meets the right bank of Cooper Creek (the right bank is that bank to the right when facing downstream) the trust land is contiguous with the boundary of the Wet Tropics World Heritage Area. With the steady growth of the tourism industry over time and the increase in rates of settlement in the Daintree / Cape Tribulation area, anecdotal evidence suggests an increased number of visitors and locals have been attracted to the Blue Pools for swimming. In one case, 208 people were turned away over 2½ days. It used to be an issue mainly in the wet season, when swimming in the sea is not advised due to the presence of stingers. It is now however, a year-round issue as swimming is not recommended at any of the beaches north of the Daintree River due to the increased crocodile population. The growing popularity of Blue Pools brings with it several management issues including informal pathways leading to trampling of vegetation; soil erosion and stream bank erosion; and damage to and removal of vegetation. Protection of the site from further degradation, and commencement of rehabilitation is now imperative. The Wet Tropics Management Authority’s Nature Based Tourism Strategy (2000, p45) lists Blue Pools as ‘R1’, a place where ‘site degradation is currently evident, together with a need to resolve tenure issues associated with public access’. The Strategy also recognises the site is of limited capacity, and ‘must not be promoted for tourism use’. The Strategy classifies the site as a priority for site assessment and planning. Activities such as washing of cars, horses and dogs in the creek, have led to deterioration of water quality. Impact on cultural values is also problematic for the Traditional Owners of the area, the Kuku Yalanji people. For the Kuku Yalanji the site has particularly high special cultural significance, and they believe no level of recreational use is inconsistent with the protection of cultural and environmental values. The purpose of this Management Plan is to establish a management regime, which is compliant with all relevant legislation affecting the trust land. Although the bed and banks of Cooper Creek are not included in the trust land, it is considered that benefits to the surrounding area will result from the ongoing management of the trust land. The Eastern Kuku Yalanji women will participate in the review or development of the Blue Pools Management Plan based with full and effective participation of the Traditional Owners and in

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accordance with the Articles within the United Nations, on the Rights of Indigenous Peoples to control and manage their cultural heritage, in particular Article 31 below:

Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.

1.2 Management Plan Duration Duration: 15 years Review: A major review of the Management Plan will be undertaken by the Trustees at least once every five years. Eastern Kuku Yalanji women Traditional Owners may request an earlier review, with three months’ notice. Minor amendments: Jabalbina Yalanji Aboriginal Corporation, may make minor amendments to this Management Plan to improve operational or administrative efficiency of the Plan, with one month’s notice of such amendment being given by the Trustees to the State of Queensland (represented by the Department Environment and Resource Management), and subject to the approval of the Minister administering the Land Act 1994. 1.3 Compliance with legislation, planning schemes, etc Trust land is a collective term used to describe State land which has been previously reserved or granted in trust under the Land Act 1994 or dedicated as a reserve for one or more of the community purposes set out in Schedule 1 of the Land Act 1994. Jabalbina Yalanji Aboriginal Corporation, will be appointed to manage the trust land on behalf of the State, with the interest of the community/public in mind, for the benefit of the people of Queensland, and having regard to the Land Act 1994 principles of sustainability, protection, consultation and community purpose. In the management of the trust land the Trustee will observe its ‘duty of care’ for the trust land which will entail preventing degradation and contamination and ensuring good management practices prevail and will also fulfil its statutory obligations in accordance with the:

State Government Nature Conservation Act 1992;

CWTH Native Title Act 1993;

State Government Land Act 1994 and Land Regulation 1995;

CWTH Native Title Amendment Act 1998; and

Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Further, this Management Plan is consistent with the principles of the Aboriginal Cultural Heritage Act 2003 as it responds to the identification the Blue Pools as a site of special cultural significance to the Traditional Owners of the Eastern Kuku Yalanji people. See Appendix 4 – Aboriginal Cultural Heritage – further information. Whilst it is not a legislative requirement that sites such as this be allocated as trust land, the reserve for cultural and environmental purposes will safeguard the values of the site in line with other legislation protecting Aboriginal cultural heritage values, including Aboriginal Cultural Heritage Act 2003.


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Inscribed onto the World Heritage List on 9 December 1988, the Blue Pools site occupies Zone B, where the legislated management purpose is, to the greatest possible extent, to protect and enhance the integrity of land and if disturbed, to restore the land to its natural state, as opportunities arise and include the land in Zone A once it is sufficiently recovered or rehabilitated. The scope and scale of visitation within this specific World Heritage Area, is inappropriate within Zone B and would require amendment to Zone D, in accordance with the requirements of Section 8 within the Wet Tropics Management Plan 1998, to become lawful. The Wet Tropics World Heritage Area was included on the National Heritage List on 21 May 2007 and on 9 November 2012 the Australian Government announced the recognition of the national Indigenous heritage values as part of the existing National Heritage Listing for the Wet Tropics of Queensland. Listed places are protected under the Commonwealth Environment Protection and

Biodiversity Conservation Act 1999 (EPBC Act), which requires that approval be obtained before any action takes place that could have a significant impact on the national heritage values of the listed place. An application for Zoning amendment, as per the preceding paragraph, would justify referral under the EPBC Act. 1.4 Planning Scheme Under the 2018 Douglas Shire Planning Scheme the land is:

in the Conservation Zone,

in Precinct 1 – Conservation Precinct of the Cape Tribulation and Daintree Coast Local Plan; and

identified as a site of local Place of Significance.

2. Trustee Details Trustee Name Trustee Address Jabalbina Yalanji Aboriginal Corporation 15 Sawmill Rd, Mossman QLD 4873 PO Box 1430 Mossman QLD 4873 [email protected] All correspondence is to be addressed to Jabalbina Yalanji Aboriginal Corporation who in turn will inform the rightful Jalunjiwarra Traditional Owners.


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3. Description of the Trust Land 3.1 Parcel Description

Current Tenure: Reserve for cultural and environmental purposes Lot: 900 Plan: SP238233 Area of Trust Land (in hectares): 0.2581ha

Local Government: Douglas Shire Council Conditions of Tenure: N/A Refer Appendix 7 for Copy of the Title

3.2 History of the Trust Land Flame Tree Road was gazetted as a road in the mid-1980s and provides practical access to lot 51 on SR767 and dedicated access to adjoining freehold land and Cooper Creek. As well as the owners of the surrounding lots. 3.3 Local Area Description The trust land is located within the Douglas Shire Council area, north of the Daintree River, between the coastal settlements of Diwan and Thornton Beach (see Appendix 1 – Locality Maps). Where the trust land boundary meets the right bank of Cooper Creek (right bank is that bank to the right when facing downstream) the trust land is contiguous with the boundary of the Wet Tropics World Heritage Area. The land immediately surrounding the area is held as freehold land, comprising lot 51 on SR767, lot 52 on SR537, lot 236 on RP740951 and lot 180 on RP739774. The land use of the immediate surrounding area is Residential in relation to lot 51 on SR767, lot 52 on SR537 and lot 180 on RP739774, and Heritage Lodge in relation to lot 236 RP740951. Lot 52 on SR537 has a Nature Refuge pursuant to the Nature Conservation Act1994 over part of the lot and also operates a commercial tourism facility, Cooper Creek Wilderness. 3.4 Existing Uses The Eastern Kuku Yalanji people are identified as the Traditional Owners for Blue Pools. Jabalbina Yalanji Aboriginal Corporation is the prescribed body corporate entity and the holder of land and native title on behalf of the Eastern Kuku Yalanji people. Blue Pools is an Aboriginal Story place associated with women’s business and has healing powers. The custodians are women from the Eastern Kuku Yalanji clan within whose traditional country the trust land is located. As cultural and environmental values are not separated in Aboriginal culture, when there is environmental degradation, cultural degradation is also occurring. According to traditional custom women, including other Eastern Kuku Yalanji women, cannot go there without permission. Under traditional custom, men are not permitted to visit or use the site. Consultation with representatives of the Eastern Kuku Yalanji people identified a number of activities currently occurring at Blue Pools that are culturally inappropriate: horse riding; swimming; erecting a swing on a tree; barbecues; drinking alcohol; smoking; washing of dogs and cars in the creek; and parking cars in the creek.


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3.5 Existing Interests There are no existing registered interests over the trust land, however, the site has been registered on the Aboriginal Cultural Heritage Register and provisions exist in the Aboriginal Cultural Heritage Act 2003 to address compliance of activities that may harm Aboriginal cultural heritage. 3.6 Exclusivity and Restrictions of Existing Interests There are no current restrictions governing the access and use of the site, other than under this Plan. 3.7 Existing Infrastructure There is no existing infrastructure within the trust land. 3.8 Detailed Site Description – Current Uses Diwan locals and visitors have long used the trust land and adjoining Cooper Creek for swimming and other recreational pursuits. In recent years, the number of visitors to the Blue Pools has increased. They are attracted to Blue Pools for the following reasons:

swimming

visiting aesthetically and environmentally unique setting

picnicking and barbequing

erecting swings on tree branches

car washing

Management issues arising from these activities include:

unrestricted lighting of fires

damage to vegetation

littering

unrestricted access by dogs and horses

increased turbidity and pollution of Cooper Creek

impacts on Aboriginal cultural values There are a number of tracks which are undesignated and not maintained. There is a high level of soil erosion under the roots along the tracks. There are areas relatively devoid of seedlings or ground covers that have been compacted and been used by visitors to the area to access the site. Site inspections have indicated that the uncontrolled and unmanaged use of this area has led to the exposure and scuffing of roots and the compaction of soil, which is having an impact on the integrity of the area. This has accelerated and continues to accelerate, the natural flood flow stripping of the alluvial flat and the erosion and undercutting of the creek bank. Such damage may also increase the exposure of roots to infection by plant pathogens. Feral pigs Sus scrofa are a major cause of environmental damage to the riparian area of the trust land where large areas of the alluvial flat behind the riparian area have been worked over. This digging and loosening of soil by feral pigs has contributed to erosion and loss of topsoil. Introduced weed species identified as being present within the trust land fall into two groups.

1. Group A consists of common widespread introduced species that are weeds of disturbed land and roadsides that do not pose any serious risk to intact lowland rainforest ecosystems.


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2. Group B consists of introduced species that are often cultivated for their edible fruit or cultivated as garden ornamentals. These types of weeds have the potential to become serious environmental weeds.

Unplanned and unmanaged use combined with the impacts and damage caused by introduced weeds and feral pigs is having a detrimental impact on the environmental values, and hence the cultural values of the site. 3.9 Detailed Site Description – Cultural Heritage values Kuku Yalanji is one of the recognized 17 traditional Aboriginal owner groups within the Wet Tropics region. Dr Nicky Horsfall undertook a cultural heritage assessment of the Blue Pools in November 2005. Dr Horsfall notes that the Blue Pools site was one of several significant Aboriginal places in the Daintree listed by the Bamanga Bubu Ngadimunku (Mossman Gorge) Community Rangers and their coordinator Damien Britnell in 1995 in the context of the Daintree Buy-back Scheme. The contents of Dr Nicky Horsfall’s report is confidential, available only to Eastern Kuku Yalanji women Traditional Owners. 3.10 Native Title Status Native title rights and interests are extinguished over Flame Tree Road. The area was previously unallocated State land and the road was dedicated as part of a subdivision of the land.

4. Proposed Use of the Trust Land 4.1 Proposed Use It is proposed the trust land be set aside as a Reserve under the Land Act 1994 under the control of Jabalbina Yalanji Aboriginal Corporation and managed in accordance with the principles of the Land Act 1994 and the Land Regulation 2009 as amended from time to time. It will also be investigated whether the site can be made a Restricted access area under the

Nature Conservation Act 1992 whereby unauthorised entry is prohibited due to public safety and

cultural heritage protection and fines can be issued. Jabalbina Yalanji Aboriginal Corporation will manage the trust land for and on behalf of the Eastern Kuku Yalanji women Traditional Owners. The Eastern Kuku Yalanji women Traditional Owners propose access to the trust land be restricted to Eastern Kuku Yalanji women only, who have permission from the women Traditional Owners to visit the site. All requests for permission to access the site will be referred to the Traditional Owners and a contact list for the Blue Pools will be kept at Jabalbina. 4.2 Constraints and Opportunities of Proposed Use (existing and future) The Eastern Kuku Yalanji women consider current activities and use of the area are inconsistent with the cultural significance of the site. The reserve for cultural and environmental purposes will establish clearer protocols for the trust land that will not only acknowledge the cultural significance of the site within a culturally safe framework, but will contribute to the need for the ongoing physical and spiritual protection of the site.


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With Jabalbina as Trustee, empowerment will be returned to the Eastern Kuku Yalanji women with validation of cultural significance of the area and formal recognition of the Traditional Owners, highlighting the need to respect the sacred area and heritage significance, the history and protect the site’s future. The use of the trust land will allow for the rehabilitation and protection of the site and acknowledge the Traditional Owner’s cultural connections. 4.3 Development Intended No private or commercial development of the site is intended. It will be maintained and remediated back to its original state. 4.4 Exclusivity and Restrictions of Access Ideally Flame Tree Road would be closed to all vehicular traffic, however for this to occur there needs to be an alternative access provided for neighbouring residents. Two alternatives have been looked at, one through private property and another through the Daintree National Park. Both options would require the removal of a significant amount of very high value rainforest, so at this stage have not been pursued. As present, there is a locked gate at the entrance to Flame Tree Road. Initially keys were provided to the owners of land adjoining Flame Tree Road, Douglas Shire Council, Jabalbina Yalanji Aboriginal Corporation and emergency services, however the padlock is currently broken. There is a sign on the gate which says Emergency Vehicles Only, which is incorrect. It is proposed that a new padlock be purchased, keys cut and distributed1, and the sign replaced with more accurate wording along the lines of Restricted Access: Traditional Owners, residents and emergency services only.

Another option is to close the road, amalgamate the road closure with Lot 900 SP238233 and create and access easement to neighbouring properties. The will give TOs control over the area and is the preferred option.

5. Community Consultation A comprehensive program of community consultation occurred in September 2007 to seek out community views as to the proposed use of the trust land. A meeting with the Eastern Kuku Yalanji women Traditional Owners was held on 31 August 2018 and following that meeting, the immediate neighbours were contacted for comment in light of the aspirations of the Traditional Owners. A summary of the findings is provided below: 5.1 Traditional Owners The Cape York Land Council identified the women of the Jalunji-Warra clan of the Eastern Kuku Yalanji people as the Traditional Owners for the area. At the September 2007 meeting in Cape Tribulation, the issues and concerns raised:

current use and management of the site is not respectful because of what they considered to be inappropriate activities taking place, e.g. swimming, lighting fires, littering, horse riding; erecting a swing on a tree; barbecues; drinking alcohol; smoking; washing of dogs and cars in the creek; and parking cars in the creek.

1 Keys for TOs include Robyn B; Chenoa R; Anthea S; Mellisa R and Beryl R.


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future developments, such as boardwalks, could lead to increased degradation of cultural values.

At the meeting in August 2018, Traditional Owners reported little change except an increase in visitor numbers, and continued degradation of the site. Some even mentioned Indigenous tour guides (male) were including a visit to the Blue Pools on their itinerary. The Eastern Kuku Yalanji women Traditional Owners were very clear that they did not want anyone, other than Eastern Kuku Yalanji women to access the site.

They do not want anyone visiting the site without permission from the Traditional Owners; Anyone who asks for access, needs to be directed to a Traditional Owner – and a list of

names and contact numbers will be provided to Jabalbina; and/or If you are not an Eastern Kuku Yalanji woman, the answer will probably be no however, no-

one should speak for the Traditional Owners. Jabalbina will pass on all enquiries to the Traditional Owners.

5.3 Neighbouring Landholders All the neighbours are concerned at the degradation they have witnessed, and continue to witness as visitor numbers to the swimming hole increase. The operators of an adjoining business, support closing the site to all but Traditional Owners. The owner of adjoining accommodation does not direct any guests or visitors to the Blue Pools site. If asked, she and all staff say they do not know where the site is. If people ask about where they can swim, the response is they are welcome to swim at their property if they would like to dine in the restaurant. The three landowners requiring practical access to their property via Flame Tree Road are supportive of closing Blue Pools to all but Traditional Owners. In essence, all neighbouring landowners concur with the aspirations of the Eastern Kuku Yalanji women Traditional Owners and want the site protected. 5.2 Local Residents Attitudes vary among local residents. Most are concerned that overuse is degrading the site, but do not want to see Blue Pools closed off completely. Some feel they have a right to access the area because they are locals “I’ve been swimming there for 30 years”. Local residents need to be educated about the cultural significance of the site to build awareness that no matter how innocuous, access by people, dogs and horses is damaging and that only Eastern Kuku Yalanji women who have permission from Traditional Owners, can access the site. 5.4 Conservation Sector The conservation sector generally holds the view that the area of the trust land has high biodiversity, cultural and conservation values. Current unplanned and unmanaged usage is degrading the values of the site and requires appropriate management to protect and conserve its world heritage values. This is not inconsistent with the aspirations of the Eastern Kuku Yalanji women Traditional Owners.


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5.5 Tourism Industry There are 60 tourism related businesses in the Daintree region. Some, like the neighbouring Heritage Lodge, respect the wishes of the Traditional Owners and do not disclose the location of Blue Pools, and certainly do not direct guests or visitors to the site. Others in the industry will do the opposite and two possible reasons are:

they are unaware of the cultural significance of the site and if educated and made aware of the wishes of the Traditional Owners, will change their behaviour

they are aware it is an important cultural significant site, but for whatever reasons choose to ignore the wishes of the Traditional Owners (“where else can I send people for a swim”; a couple of swimmers won’t do any harm” etc.) For this second group, the message needs to be different and along the lines of – if you send people to the Blue Pools not only will they be fined, as a business owner, you will be fined under the Aboriginal Cultural Heritage Act 2003, which has fines up to $117,800 for an individual and $1,178,000 for a corporation. If they are found to have breached this requirement, a notice for the fine could be issued if caught.

As with the local residents, the tourism industry needs to be educated about the cultural significance of the site and be made aware that only Eastern Kuku Yalanji women who have permission from Traditional Owners, can access the site.

5.6 Emergency Services The Mossman Police Station was contacted in relation to access for emergency services. The Police Officer on duty advised that there are number of properties within the area for which they carry keys. A key will be provided and will be held at the Mossman Police Station for emergency services such as Police, Ambulance or Bush Fire Brigade. The officer advised that most Police vehicles also carry bolt cutters which can provide access if there is a real emergency.

6. Goals of the Management Plan The goals of the Management Plan, which are ongoing for the life of the trust land, and must be reported against the Key Performance Indicators on a 6-monthly basis as they are to: 1. Rehabilitate, protect and maintain the bio-physical and environmental features of the trust land. 2. Protect and maintain the Aboriginal cultural heritage values of the trust land. 3. Provide appropriate vehicular access.

Issue/s Goal is to Solve or Manage

Relevant Actions

Key Performance Indicators

Time Line

Goal 1 Rehabilitate, protect and maintain the bio-physical and environmental values of the trust land.

Regeneration of vegetation

Removal of weeds and maintenance of vegetation.

Natural regeneration of vegetation occurring.

Regular site monitoring using the proforma in Appendix 6.

Bio-physical indicators reach control within five years

Control of feral pigs

Set pig traps (the type that have a pig specific gate trip mechanism to minimise risk of trapping cassowaries) and check regularly; monitor the riparian area of the trust land to assess level of rehabilitation.

Reduction of soil disturbance in the riparian area.

Number of feral pigs which are caught.

Improvement in the alluvial flat areas that have been affected.

Ongoing


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Issue/s Goal is to Solve or Manage

Relevant Actions

Key Performance Indicators

Time Line

Eradicate Group ’B’ weeds and control and monitor Group ‘A’ weeds.

Establish regular weed control activities targeting Group ‘B’ and Group ‘A’ weed species and monitor regularly.

Group ‘B’ weeds are eradicated completely from the trust land and Group ‘A’ weeds are controlled to acceptable levels.

Six monthly reporting on progress.

Goal 2 - Protect and maintain the cultural heritage values of the trust land.

Involvement of Traditional Owners in management of the trust land.

Agreement from Eastern Kuku Yalanji women Traditional Owners on revised Management Plan

Check by Council officers & DNRME

Jabalbina and Douglas Shire accept/endorse Draft Revised Management Plan

Management Plan given to Queensland State Government for approval.

Community Consultation of draft management plan.

Draft Management Plan revised as per Community consultation.

Write to Queensland Government to confirm transfer across to Jabalbina as sole Trustee.

Jabalbina Yalanji Aboriginal Corporation appointed as sole Trustee of the trust land.

Sept 2018 – June 2019

Education and awareness of the local community about the cultural significance

Traditional Owners talk to the students at Alexandra Bay State School and to tourism operators about the significance of the site, and the damage caused by inappropriate activities on the site.

Gather stories of experiences from others which can be shared so people are aware of the consequences of swimming in Blue Pools.

Locals no long access Blue Pools.

Locals and tour operators do not refer visitors to Blue Pools; tour guides do not take visitors to the Blue Pools.

Reports of unauthorised access.

As soon as land transferred to Jabalbina

Reporting of all unauthorised visitor activity

Station an Authorised Officer in Mossman to monitor activity at Blue Pools.

More Eastern Kuku Yalanji women Traditional Owners to become Authorised Officers.

Very important for Authorised Officers, and other Eastern Kuku Yalanji women to report any activity and/or issue fines to enforce compliance.

Reports of unauthorised access.

Frequency of monitoring

Can commence now.

Identify alternative swimming holes in the area for visitors and locals to use

Hutchinsons and Mason are alternatives but this isn’t stopping people accessing Blue Pools. Need to work with relevant organisations and landowners to identify a suitable alternative swimming hole.

Once identified, promote to locals and tourism industry.

Reduction in unauthorised access to the Blue Pool

Awareness of alternative swimming holes.

As soon as possible.

No animal access e.g. Dogs and horses

Educate the local community animals are not permitted on the site.

Station an Authorised Officer in Mossman to monitor activity at Blue Pools.

Report any activity and/or issue fines to enforce compliance.

No animals accessing the site

Can commence now.


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Goal 3 Appropriate Vehicular Access

Provide vehicular access to landholders of lot 51 on SR767 owners of land adjoining Flame Tree Road upon request.

Replace broken padlock on the gate. Place boulder to block the track which by-passes the gate.

Provide owners of lot 51 on SR767 and owners of land adjoining Flame Tree Road with keys to padlock.

Access to lot 51 on SR767 and land adjoining Flame Tree Road not impeded by locked gate.


Provide vehicular access for maintenance and other legitimate purposes.

Keys to be held by Traditional Owners and Jabalbina.

Access for Traditional Owners to undertake monitoring, weed removal and maintenance of vegetation.


Provide appropriate vehicular access for emergency services vehicles.

Keys to be held at Mossman Police Station.

Access for emergency services not impeded.


7. Budget Statement Jabalbina will allocate an annual budget to cover maintenance and monitoring of the site. Items could include:

Compliance training for Traditional Owners Brochures to be used for education of school students, locals and tourism industry Monitoring – ranger wages Structure (shed) near the site for authorised officers to use as a base if monitoring during

Easter, school holidays (July and September)

8. Monitoring 8.1 Monitoring

A report on the progress against the Goals and Key Performance Indicators will be done every six months and presented to Jabalbina Yalanji Aboriginal Corporation’s Board. The report will be provided to the Eastern Kuku Yalanji women Traditional Owners.

8.2 Assessment of the quality of management and condition of the Trust Land

A proforma has been provided in Appendix 6 to monitor the condition of the trust land in relation to natural regeneration of degraded areas. In order to assess the quality of management and condition of the trust land, the trustee will undertake on-site visitations and consult with the owners of land adjoining Flame Tree Road and the owners of lot 51 on SR767.


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9. Summary and Recommendations The trust land is to be dedicated as a reserve for cultural and environmental purposes, with Jabalbina Yalanji Aboriginal Corporation as Trustee on behalf of the Eastern Kuku Yalanji women Traditional Owners.

It is the aspiration of the Eastern Kuku Yalanji women Traditional Owners that Blue Pools is closed off completely to all except Eastern Kuku Yalanji women who have permission from the Traditional Owners.

This Plan proposes that the trust land be managed for the following purposes:

Environmental Preservation and maintenance of World Heritage values Rehabilitation of the site

Cultural

Preservation and maintenance of all Aboriginal Cultural Heritage values Involvement of Traditional Owners in the management of their ‘country’ Recognition of the trust land as a special cultural site Education and awareness to the local community and tourism industry about the cultural

significance of the site to the Traditional Owners Restrictions of Access

Vehicular access will only be permitted for maintenance, monitoring and management purposes and access to lot 51 on SR767 and lot 180 on RP739774.

Blue Pools will be closed off to all pedestrian traffic and domestic animals (dogs and horses)

All requests for access must be referred to the Traditional Owners and as a general rule, only Eastern Kuku Yalanji women will be given permission to access the site.

10. List of References

Wet Tropics Management Authority’s Nature Based Tourism Strategy (2000, p45) Smyth, D. 1994: Understanding Country. The Importance of Land and Sea in Aboriginal

and Torres Strait Islander Societies. Council for Aboriginal Reconciliation, Canberra Bama Wabu (1996) Reasonable Expectations or grand delusions? Submission to the draft

Wet Tropics Plan. Cape York Land Council. Cairns. Horsfall, N. (2002) ‘Cultural or Natural? The Applicability of World Heritage Criteria to

Aboriginal Cultural Values in the Wet Tropics’ in Tempus, 7:151-155. Smyth, D. 1994. Understanding Country. The Importance of Land and Sea in Aboriginal

and Torres Strait Islander Societies. Council for Aboriginal Reconciliation Australia Rose, D.B (1994) to be advised Rose, D.B. (1996) Nourishing Terrains. Australian Heritage Commission, Canberra. Horsfall, November 2005 – Cultural Heritage Report Summary National Heritage List – Indigenous Cultural Values for the Wet Tropics World Heritage

Area 2013 Report on Community Consultation Outcomes, The 20/20 Group (2009)

11. Appendices Appendix 1 – Locality Maps Appendix 2 – Aerial photo of trust land Appendix 3 – trust land Area – lot 900 on SP238233 Appendix 4 – Aboriginal Cultural Heritage Act – further information Appendix 5 – Monitoring proforma Appendix 6 – Copy of Title


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Appendix 1 – Locality Maps


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trust land site


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Appendix 2 – Aerial Photo

Wet Topics World Heritage Area

trust land site


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Appendix 3 – Trust Land Area – Lot 900 on SP238233


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Appendix 4 – Aboriginal Cultural Heritage Act – further information The Aboriginal Cultural Heritage Act 2003 (Act) has the following fundamental principles which underlie the Act’s main purpose:

the recognition, protection and conservation of Aboriginal cultural heritage should be based on respect for Aboriginal cultural and traditional practices;

Aboriginal people should be recognised as the primary guardians, keepers and knowledge holders of Aboriginal cultural heritage;

it is important to respect, preserve and maintain knowledge, innovations and practices of Aboriginal communities and to promote understanding of Aboriginal cultural heritage;

activities involved in recognition, protection and conservation of Aboriginal cultural heritage are important because they allow Aboriginal people to reaffirm their obligations to “law and country”; and

there is a need to establish timely and efficient processes for the management of activities that may harm Aboriginal cultural heritage.

The Act defines cultural heritage as anything that is: a significant Aboriginal area in Queensland (Section 8[a]), and that significant area must be particularly significant to Aboriginal people because of either or both of the following:

Aboriginal tradition (Section 9[a]); and / or

The history, including contemporary history, of any Aboriginal Party for the area (Section 9[b]). Under Section 54(a) the Act states that the Aboriginal Party has a responsibility to assess the significance of the area. The Plan also responds to Aboriginal cultural heritage duty of care obligations, where:

a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (Section 23[1]).


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Appendix 5 – Monitoring Proforma


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Appendix 6 – Copy of Title

management plan blue pools reserve for cultural …

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