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Mt Grenfell Lease: Cobar Local Aboriginal Land Council Lease to the Minister for the Environment | ||
| Date: | 17 July 2004 | |
| Sub Category: | Lease | |
| Place: | Mount Grenfell | |
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| State/Country: | New South Wales, Australia | |
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| Alternative Names: | ||
| Subject Matter: | | Consultation | Cultural Heritage | Employment and Training | Environmental Heritage | Land Management | Land Transaction | Land Use | Native Title | Recognition of Traditional Rights and Interests | Tourism | |
| URL: | http://www.nationalparks.nsw.gov.au/PDFs/MountGrenfellHS_lease.pdf | |
| Summary Information: | ||
| The Mount Grenfell Historic site is an Aboriginal rock art site. It is located approximately 50 kilometres from Cobar in Central West New South Wales. It was handed back to its traditional owners, the Ngiyampaa Wangaaypuwan people, on 17 July 2004. The Cobar Local Aboriginal Land Council Lease to the Minister for Environment (the Lease) is a rental agreement by which the site is leased back to the New South Wales National Parks and Wildlife Service (NPWS). The Lease provides that the site is to be jointly managed by the NPWS and the Aboriginal community via a Board of Management. The Board is to be composed of a majority of Aboriginal owners, as well as representatives from the NPWS and the community. The Board is expected to be established and operational during the 2004-2005 financial year. | ||
| Detailed Information: | ||
General Provisions Part 1 of the Lease Agreement acknowledges that the lands are held by the Cobar Local Aboriginal Land Council on behalf of the Aboriginal owners. It acknowledges that the Land Council must act in the best interests of the Aboriginal owners and will not exercise its functions without consulting and obtaining their consent. Part 1 also recognises that the Parties agree that the Ngiyampaa Wangaaypuwan people's freehold title is inalienable and neither the Land Council nor the Minister will deal with the lands without the written consent of the other. The parties also agree that future additions to the lands are desirable, and agree to conduct talks regarding purchase of nearby land should it become available. No land can be added however, without the agreement of the Board and the Land Council. Specific Provisions Native Title The Parties acknowledge that the lease does not affect native title rights and interests which may exist over Mount Grenfell lands. Acknowledgment of Principles The Parties also acknowledge certain principles in the negotiation of the Lease. These include a regard for: Terms of the Lease The Lease is to be for a period of 30 years expiring at midnight on 16 July 2034. It may be renewed for an unlimited number of terms, but each lease period must be for a further 30 year period. The process of renewal of the lease is set out comprehensively, as are provisions for review. Any decision to vary, amend or renew the lease requires the consent of all the Parties. The Parties agree that the rent to be paid is to be an amount of $30,000 (Australian) per annum (subject to certain amendments (see Part 6.9) and five yearly review). It is agreed that the purpose of this amount is to compensate the Land Council for the fact that it does not have full use and enjoyment of the lands. The Lease also lists the matters taken into account in negotiating the rent. Cobar Local Aboriginal Land Council Part 7 of the Lease sets out the roles and responsibilities of the Cobar Local Aboriginal Land Council. The Land Council and its employees must comply with the provisions of the National Parks and Wildlife Act (1974) including those dealing with animals, plants and vegetation. The Land Council holds any other property (apart from Aboriginal cultural items) it receives with the Mt Grenfell lands for use as directed by the Board. Land Council members undertaking voluntary work approved by the Board are to be insured for any injury sustained during such work. The work is to be supervised by Service staff. Minister Part 8 sets out the obligations and undertakings of the Minister pursuant to the Lease. These include matters relating to: Director-General Similar provisions are set out in Part 9 with respect to the responsibilities and obligations of the Director-General of the National Parks and Wildlife Service. These also include matters relating to: Board of Management Part 10 deals with the obligations of the Board. The Parties acknowledge that the 'care, control and management' of the lands are to be vested in the Board. These provisions deal with matters including: Joint Management Principles and Issues Part 11 of the Lease sets out the provisions for the joint management of the lands. It establishes that a Regional Manager will implement Board decisions by giving appropriate directions to service staff. Two permanent full-time positions are to be created being a ranger (or trainee ranger), and a field officer (or trainee field officer). These positions are to be held by Ngiyampaa Wangaaypuwan people. All service positions are to be subject to the Public Sector Management Act. Land Management Principles and Issues Part 12 of the Lease comprehensively sets out the provisions relating to land management. The Land Council is to own, and the Board is to control, all items of Ngiyampaa Wangaaypuwan heritage located on the lands. The Parties acknowledge that the public has a right of general access to the lands, and that the principles guiding the Board regarding management of public access are: The Parties also agree that the public's right of general access will be subject to any restrictions declared by the Board. Several of these are detailed in the Lease. The Parties also acknowledge the rights of the Ngiyampaa Wangaaypuwan people to use and occupy the lands in accordance with tradition and with decisions of the Board relating to health, safety and privacy. Detailed provisions relating to a variety of land management issues are also set out. These include matters relating to: It is also agreed that a Plan of Management will be prepared by 31 December 2004. The Lease also sets out a range of miscellaneous provisions for dispute resolution between the Parties, taxation, granting or renewal of licenses and permits, public liability and workers compensation insurance, intellectual property, and the registration of the Lease. | ||
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References |
| Resource |
| New South Wales National Parks and Wildlife Service - Department of Environment and Conservation, (2004) Mt Grenfell Lease: Cobar Local Aboriginal Land Council Lease to the Minister for the Environment |
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| Lease |
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