ATNS - Agreements, Treaties and Negotiated Settlements project

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Terramungamine Agreement
Date:	6 December 2002
Sub Category:	Land Use Agreement
Place:	Dubbo
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State/Country:	New South Wales, Australia
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Subject Matter:	\| Cultural Heritage \| Environmental Heritage \| Land Management \| Land Transaction \| Land Use \| Native Title \| Recognition of Traditional Rights and Interests
Summary Information:
The Terramungamine Agreement between the Tubbagah People of the Wiradjuri Nation, the New South Wales Government, the Dubbo City Council and the Dubbo Rural Lands Protection Board formalises the use and management of the historic Terrramungamine Reserve. The agreement creates new types of reserves and lays the foundations for practical and ongoing relationships between all the parties. It is the result of two-and-a-half years of negotiation that was triggered by the Tubbagah People's 1995 native title claim over the 16.2 hectare reserve, 12 kilometres north of Dubbo. At the time this agreement was reached, parties agreed that people with a genuine interest in the agreement may view the Agreement Summary, a copy of which is held in the National Native Title Tribunal Sydney library. The Tribunal can be contacted for more information.
Detailed Information:
The Tubbagah People lodged their native title claim over the Terramungamine Reserve area in May 1995. The land was of particular importance to the Tubbagah because of the presence of a large traditional burial ground and because it was an important gathering area for tribes throughout the region. Along the river bank are ancient rocks with very clear markings where local tribes sharpened their tools. From 1901, the land was reserved for camping, used to rest and water stock and another area was used as a public recreation area. In June 2000, the Native Title Tribunal brought together all the parties with an interest in the claim. Through the mediation process it became clear that all the participants wished to co-exist and maintain an ongoing relationship. Over the next two-and-a-half years, the agreement was mediated and practical solutions found to address all of the issues raised. The agreement: � gives recognition from the Dubbo City Council and the New South Wales Government that Terramungamine Reserve area was part of the traditional country of the Tubbagah People of the Wiradjuri Nation without recognition of native title; � allows for the revocation of the two current reserves and creates three new areas under the NSW Crown Lands Act 1989. These are: a reserve for public recreation and preservation of Aboriginal cultural heritage to be known as Terramungamine Reserve; a dedicated Aboriginal burial ground to be known as the Tubbagah Aboriginal Burial Ground; and a reserve for travelling stock; and � finalises the native title application over the reserve. Management Management of the reserve will be carried out by the Dubbo City Council and two advisory committees - the Terramungamine Reserve Advisory Committee and the Tubbagah Aboriginal Burial Ground Advisory Committee - who will advise the Council on the management of the reserves. Access Under the Agreement access to the Terramungamine Reserve will be: � restricted for vehicles to minimise impact on Aboriginal sites of cultural significance; � managed for pedestrians to the grinding grooves to maximise public appreciation but minimise impact; � provided to all areas of the reserve for emergency bushfire requirements. The rural riverbank character of the Terramungamine Reserve will be preserved and enhanced. Access to the Tubbagah Aboriginal Burial Ground will be restricted for pedestrian and vehicular purposes but emergency bushfire access will be provided.
Outcomes:
In 2006 the agreement formed the basis for a project in Terramungamine Reserve (NNTT 2006, 7). This project includes measures for: regeneration of native species, including bush medicine; new signage, walking tracks and guided walks detailing Aboriginal cultural heritage; and measures for public safety in relation to camping. The Dubbo Land Council Manager of Landcare Services, Lynton Auld, has said that the parties 'were going beyond the objectives of the original agreement' (NNTT 2006, 7).