Protocol between the Queensland Government and the Queensland Indigenous Working Group
The Protocol document is an ongoing agreement between the Queensland Indigenous Working Group Limited (QIWG) and the Queensland Government.
QIWG aims to achieve and maintain the highest possible standard of procedural rights for native title holders in Queensland through their advocacy, promotion and protection of native title rights and interests in relation to land and natural resource development and management.
As set out in the Protocol, the Queensland Government remains committed to the process of consultation and negotiation in regard to policy and legislative issues which affect Aboriginal people and Torres Strait Islanders through QIWG.
The implementation of the Protocol is the joint responsibility of the department and the Department of Local Government, Sport and Recreation.
Outlined below are the Operative Provisions and Consultation Issues of the Protocol signed on 10th May 2006.
Operative Provisions
- The Queensland Government has indicated that it will consult with QIWG where appropriate about policy and legislative matters related to native title, cultural heritage, and land and natural resource management.
- The Minister for Natural Resources and Water (formerly Natural Resources, Mines and Water) and the Minister for Main Roads and Local Government (formerly Minister for Environment, Local Government, Planning and Women) shall jointly bear responsibility on behalf of the Queensland Government for the relationship between the Queensland Government and QIWG as recorded in this Protocol.
- The Department of Natural Resources and Water (formerly Department of Natural Resources, Mines and Water) and the Department of Local Government, Sport and Recreation (formerly Local Government, Planning, Sport and Recreation) (the Departments) shall be jointly responsible for overseeing the implementation of the Protocol. This will include facilitating relevant consultation processes by assisting and participating in consultation.
- This Protocol identifies specific matters for consultation between the Departments and QIWG for the financial year 2005-2006, and explains how those consultations should be conducted.
- This Protocol does not prevent the Departments from consulting with other Aboriginal and Torres Strait Islander persons or organisations as it sees fit.
- The Departments require QIWG to consult as widely and thoroughly as possible on consultation issues with its members and other non-member Aboriginal and Torres Strait Islander persons, groups and individuals.
- Without limiting the meaning of the term "consultation", in every consultation referred to in clause 6 above, the Departments will at least:
- allow QIWG, through its member organisations, to undertake reasonable and adequate consultation with relevant Aboriginal and Torres Strait Islander communities and groups;
- provide to QIWG a reasonable opportunity to contribute to the development of the relevant Queensland Government policy, including by allowing a reasonable time for the making of written submissions by QIWG;
- if in relation to a particular matter, circumstances beyond the control of the Departments cause it to be not possible for the Departments to provide a reasonable time for the making of submissions by QIWG, the parties will meet to reach agreement on an alternative way for QIWG to communicate its views and submissions to the Queensland Government;
- provide to QIWG a reasonable opportunity to review and comment upon any consequent legislation at key stages of its development; and
- take into account the views expressed by QIWG in formulating such policy and legislation.
- Relevant to this Protocol, the Queensland Government reserves the right to exercise its sovereign power to make a final policy decision, which may or may not concur with views put by any group during a period of consultation.
- Relevant to this Protocol, the position of QIWG is that governments should obtain the informed consent of Indigenous people before passing laws or taking other action that affects their native title rights and interests.
- From the commencement date of this Protocol, the Departments will inform their Officers of the terms of this Protocol and direct them to act in accordance with these terms.
- This Protocol is a living document and can be varied by the agreement of all parties, including the issues identified for consultation, which are listed within this document.
- The parties agree that this Protocol is not intended to create any legal relations between them.
- This Protocol will remain in place until such time as either party decides it no longer wishes to be a party.
Consultation Issues
The following issues and department responsible have been identified for consultation with QIWG:
Department of Natural Resources and Water
- Review of the Aboriginal Land Act 1991.
- Review of the Native Title Protection Conditions that attach to exploration permits granted under the expedited procedure under the Native Title Act 1993.
- Development and implementation of a State Rural Leasehold Land Strategy.
- Roll-out of the strategy to use the "right to negotiate" process under the Native Title Act 1993 for the grant of petroleum tenures.
- Review of the Mineral Resources Act 1989.
- Resolution of issues associated with outstanding lease applications under the Aborigines and Torres Strait Islanders (Land Holding) Act 1985.
Department of Local Government, Sport and Recreation
- Resolution of native title issues in Aboriginal Deed of Grant in Trust areas through the development of a template Indigenous Land Use Agreement for various works and activities.
- Resolution of native title issues in Aboriginal Deed of Grant in Trust areas through the negotiation, preparation and implementation of Indigenous land use agreements for specific infrastructure and housing developments.
- Resolution of local government boundary issues in Aboriginal Deed of Grant in Trust areas.
Last updated: 10 March 2009