Nature Conservation and Other Legislation (Indigenous Joint Management - Moreton Island) Amendment Bill 2020
Plain English Summary
Overview
This bill enables joint management of Moreton Island's national parks and conservation areas between the Queensland Government and the Quandamooka People, following the Federal Court's recognition of their native title in 2019. It transfers protected area land to the Quandamooka Yoolooburrabee Aboriginal Corporation as Aboriginal land while maintaining its conservation status through a jointly managed arrangement.
Who it affects
The Quandamooka People gain formal recognition as landholders and joint managers of Moreton Island's protected areas. Visitors can continue to access the island, while commercial operators must now consult with traditional owners when seeking permits.
Key changes
- Protected areas on Moreton Island become transferable land that can be granted to the Quandamooka People as Aboriginal land
- Creates an Indigenous Joint Management Area for the island, with the Queensland Government and traditional owners sharing management responsibilities
- Requires consultation with and consent from the indigenous landholder before permits for commercial and recreational activities are granted
- Provides funding for six new positions and community rangers to support joint management
- Mirrors successful joint management arrangements already in place on North Stradbroke Island (Minjerribah)
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee3 Dec 2020View Hansard
Referred to State Development and Regional Industries Committee
The State Development, Tourism, Innovation and Manufacturing Committee examined the bill during the 56th Parliament and tabled Report No. 3 on 28 August 2020, containing two recommendations. The bill lapsed when parliament was dissolved before the government could formally respond. The government noted the committee's recommendation and indicated it would be considered prior to any reintroduction of the bill. The bill was subsequently reintroduced in the 57th Parliament and passed as Act No. 11 of 2021.
Key findings (4)
- The committee examined the bill and produced a report with two recommendations, one directed to the government
- The bill lapsed when the 56th Parliament was dissolved before the government could act on the committee's recommendations
- The government acknowledged the committee's recommendation and committed to further consideration before reintroduction
- Only the government response letter to the committee report is available in the database, not the full committee report itself
Committee report tabled
▸Second Reading12 May 2021View Hansard
▸13 members spoke8 support1 oppose4 mixed
As a Quandamooka person, strongly supports the bill as a step towards treaty and self-determination for First Nations people.
“This state is on the precipice of ensuring that First Nations people are in the front seat in terms of our management and our ability to self-determine going forward.”— 2021-05-12View Hansard
As the Minister for the Environment, introduced the bill and moved the second reading. Outlined the bill's purpose to implement the 2019 native title consent determination by establishing a legislative framework for joint management of Moreton Island between QYAC and Queensland Parks and Wildlife Service.
“Almost 30 years ago, the High Court of Australia rejected the notion that Australia was terra nullius, or land belonging to no-one, at the time of European settlement.”— 2021-05-12View Hansard
Spoke in support of the bill as committee chair, defending the consultation process and noting that trust and communication are needed for successful joint management.
“I rise today to speak in support of the bill in front of us.”— 2021-05-12View Hansard
As deputy chair of the committee, acknowledged and respected the granting of native title but raised significant concerns about the government's lack of transparency around the Indigenous land use agreement and Indigenous management agreement, and the lack of oversight for $30 million of taxpayers' money.
“LNP members are concerned about the management process. I do not want that to be confused with the acknowledgement and respect for the granting of native title.”— 2021-05-12View Hansard
As a committee member, confirmed the LNP would not oppose the bill but expressed significant concern about secrecy in the committee process and the lack of consultation with affected business owners and residents.
“As the shadow minister told the parliament, we will not be opposing this. I think the minister, the shadow minister, the chair and deputy chair have articulated pretty much how this bill works, so what I would like to talk about is the lack of consultation and the secrecy that is creeping into the committee process.”— 2021-05-12View Hansard
Spoke in support of the bill, acknowledging the Quandamooka people and emphasising the bill as a collaborative arrangement between the state government and the native title prescribed body corporate following the Federal Court determination.
“I rise to speak to the Legislative Assembly in support of the Nature Conservation and Other Legislation (Indigenous Joint Management—Moreton Island) Amendment Bill 2020.”— 2021-05-12View Hansard
As a committee member, acknowledged good intent but described the bill as bad legislation, arguing the joint management framework creates a direct conflict of interest for tourism operators whose business viability depends on national park access controlled by QYAC.
“From the outset I would say it is probably good intent but bad legislation; it has been badly orchestrated.”— 2021-05-12View Hansard
Supported the bill as an important step towards reconciliation, arguing that native title and joint management are a positive achievement for the Quandamooka people and Queensland.
“Native title is one of the significant steps in this country towards true reconciliation.”— 2021-05-12View Hansard
Congratulated the Quandamooka people on native title recognition and expressed hope for successful joint management, but raised significant concerns about the government's secrecy around foundational agreements and lack of transparency, oversight, and consultation.
“Democratic governments must be open and accountable. Quite apart from moral considerations, the actions of a democratic government rest solely on public support for those actions.”— 2021-05-12View Hansard
As a Quandamooka woman, declared her connection to country under standing order 260 before commending the bill as a step towards self-determination for First Nations people and treaty.
“This bill represents that light on the hill in terms of ensuring that First Nations people can have that hope that we will have our lands returned to us, that we will be trusted and that our families will be able to manage that ourselves and remain connected to our country going forward.”— 2021-05-12View Hansard
Welcomed native title recognition and supported the bill as announced by the shadow minister, but raised serious concerns about inadequate protection for small business operators and the lack of adequate transparency in the government's consultation process.
“While this is a start—and, as our shadow minister has said, we will be supporting this bill—there are very real questions about how this management agreement will work and what it will deliver.”— 2021-05-12View Hansard
Spoke in support of the bill as the local member for Lytton, acknowledging the Quandamooka people's more than 20,000 years of association with their country and the importance of the native title consent determination.
“The Quandamooka people are First Nations custodians of lands and waters within parts of the Moreton Bay region, and I acknowledge their elders past and present and thank them for their custodianship.”— 2021-05-12View Hansard
Spoke in support of the bill, noting successful implementation of joint management on Minjerribah and the Quandamooka people's long history of land and sea management.
“I am proud to speak in support of the Nature Conservation and Other Legislation (Indigenous Joint Management—Moreton Island) Amendment Bill 2020.”— 2021-05-12View Hansard
Assent date: 20 May 2021