All land in the ACT is Aboriginal land. Always was. Always will be.
The Aboriginal people of the ACT were not consulted when the Federation was formed in 1901.
The Aboriginal people of the ACT were not consulted when the site for the National Capital was selected in 1908-10 and when NSW transferred the land to the Commonwealth in 1911.
The Aboriginal people of the ACT were not consulted when the Commonwealth granted the ACT a form of self-government in 1989.
For a long time, the Aboriginal peoples of the ACT have not been involved in land use planning decisions in ways that respect our knowledge and understanding of our Country.
For Aboriginal people, our Country is our Mother. Looking after Country is integral to looking after life, not just for people, but for all living things. That does not mean we cannot use Country. It means that we need to be in harmony with Country. We must stop over-exploiting its resources.
We therefore support calls for a Caring for Country Framework to be embedded in the ACT’s land use planning and development decision making.
This is not a new idea. It has been adopted in both NewSouth Wales and Victoria in recent years. We should draw on their experiences.
For NSW, see:
- Caring for Country Aboriginal Outcomes Strategy 2024-33, Cumberland Plain Conservation Plan https://www.planning.nsw.gov.au/sites/default/files/2024-03/caring-for-country-aboriginal-outcomes-strategy-2024-2033.pdf
- Connecting with Country, Good practice guidance on how to respond to Country in the planning, design and delivery of built environment projects in NSW https://www.planning.nsw.gov.au/sites/default/files/2023-10/connecting-with-country.pdf
For Victoria, see:
- DELWP’s Traditional Owner and Aboriginal Community Engagement Framework https://docslib.org/doc/4568225/traditional-owner-and-aboriginal-community-engagement-framework
- Pupangarli Marnmarnepu ‘Owning Our Future’ Aboriginal Self-Determination Reform Strategy 2020-2025 https://www.delwp.vic.gov.au/__data/assets/pdf_file/0038/483887/Pupangarli-Marnmarnepu-Owning-Our-Future-Aboriginal-Self-Determination-Reform-Strategy-2020-2025.pdf
A Caring for Country Framework should be developed with the free, prior and informed consent of each of the Aboriginal groups with connections to the ACT, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples. The ACT Government and wider community must work closely with all the Aboriginal peoples with connections to the ACT, with equal respect and without discrimination in accordance with the ACT’s Human Rights Act 2004.
Its development must be based on a long term commitment based on mutual respect and trust, with all interests working in good faith. Without respectful engagement, such a Framework will not work effectively.
The process must also respect Indigenous Cultural and Intellectual Property (ICIP) because Indigenous peoples have an inherent responsibility to look after culture and pass it on. ICIP comes from Country. ICIP comes from the particular Aboriginal groups with connections to their Country and their lands and waters. Many generations may contribute to the development of ICIP, and in this way, Aboriginal ICIP and cultural heritage is communally owned. Again, both NSW and Victoria have developed ICIP policies or strategies that have been developed in close consultation with Aboriginal peoples in those jurisdictions. The ACT should learn from their experiences.
