Managing Aboriginal Activities in the Cape Byron Marine Park

, NSW, Australia

D. Lloyd1, A. Page2 and R.J. Payne3

1 School of Environmental Science and Management, Southern Cross University, Lismore, NSW, Australia; 2 Manager, Cape Byron Marine Park, Byron Bay, NSW Australia; and,

3 School of Outdoor Recreation, Parks & Tourism, Lakehead University, Thunder Bay, ON, Canada.

Ocean Management Research Network ConferenceUniversity of Ottawa, Ottawa, Ontario

October 21 – 24, 2009

Managing Aboriginal Activities in the CBMP

Background: Creating the Structure for Management

Cape Byron Marine Park

Arakwal National Park

Aboriginal people

Marine Park Management

Zoning plan

Lessons learned

Managing Aboriginal Activities in the CBMP

Background

Cape Byron Marine ParkEstablished in 2002, under the 1997 NSW Marine Parks Act

37 kms from north to south, tidal lands and waters on the land side, and the 3 mile limit (state waters) on the seaward side: 22,000 ha.

Based on a 2001 bio-regional assessment of marine ecosystems

Zoning plan completed in 2006

Originally managed under a joint NSW National Parks and Wildlife department/Fisheries department authority, but now (as of 2008) under National Parks and Wildlife

Management advisory committee includes aboriginal representative

Ranger positions for aboriginal people

Managing Aboriginal Activities in the CBMP

Background

Arakwal National ParkCreated in 2001 after 7 years of discussions with NSW government and local people

Created by an Indigenous Land Use Agreement (ILUA) between the state and the Arakwal people

Co-managed by NSW National Parks and Wildlife and Arakwal people

Two nearby protected areas: Cape Byron itself and Tyagarah

Managing Aboriginal Activities in the CBMP

Background

Aboriginal peopleArakwal people of the Bundjalung language group

1997 negotiated Native Title Agreement with NSW state government

Negotiated three ILUAs

First in 2001 → Arakwal NP

Second in 2003 with Byron Shire Council concerning the Broken Head caravan park

Third in 2006 with the shire council where land at Taylor Lake would become part of the NP: a sacred area for women and therefore culturally significant

A proposed 4th ILUA for marine park not yet completed, but an MOU was negotiated in 2007

Managing Aboriginal Activities in the CBMP

Marine Park Management

Zoning plan2006

Aboriginal involvement from the beginning

Inclusion of 4 “special purpose” zones: culturally significant sites

Two lakes as well as “Julian Rocks” and “Three Sisters” (off Broken Head)

Julian Rocks: a hill before sea level rise, with burial sites

Three Sisters: representing creatures from the Dreamtime in the Bundjalung view of creation

Managing Aboriginal Activities in the CBMP

Lessons learned

Cape Byron MP, based on a bio-regional assessment of the NSW coast by NSW government → towards a system of representative MPAs

Establishment of terrestrial protected areas → a local system of protection that blurs land-sea distinctions

Land title agreement between Arakwal people and state and local governments → another highly significant structural dimension

ILUAs depend upon the land title agreement

Zoning plan for CBMP built upon the agreement and ILUAs

Role of Byron Shire Council

Importance of former regional director in NSW National Parks and Wildlife who had the vision of this locally-integrated system

-> Bio-regional governance?

Managing Aboriginal Activities in the CBMP

ReferencesByron Shire Council (n.d.) Native Title and Reconciliation [URL: http://www.byron.nsw.gov.au

/aboriginal/native-title].

NSW, Department of Environment, Climate Change and Water, 2009a. Arakwal indigenous land use agreements [URL: http://www.environment.nsw.gov.au/comanagement/Arakwal.htm]

_____________, 2009b. Aboriginal co-management of parks [URL: http://www.environment.nsw.gov.au/comanagement/index.htm].

NSW, Marine Parks Authority, 2003. Background Resource Working Paper for the Cape Byron Marine Park. Sydney: Marine Parks Authority.

_____________, (n.d.). Cape Byron Marine Park [URL: http://www.mpa.nsw.gov.au/cbmp.html].