The Bill, introduced to Parliament in July 2020, primarily provides for the joint management of protected areas on Moreton Island, Queensland, with the Quandamooka people. The Bill was introduced into Parliament by the Minister for Environment and the Great Barrier Reef, Minister for Science and Minister for the Arts.
Background
Moreton Island (Mulgumpin) was previously managed as a national park. In November 2019, the Quandamooka People were determined to have native title rights over the island (Anderson on behalf of the Quandamooka People (Mulgumpin/Moreton Island Claim v State of Queensland (No 2) [2019] FCA 2001). As part of the negotiations, the state of Queensland and the Quandamooka Yoolooburrabee Aboriginal Corporation (QYAC), representing the Quandamooka People, agreed to work towards establishing joint management over Moreton Island. This adds to the existing joint management arrangements with QYAC on North Stradbroke Island (Minjerribah).
The Amendments
The effect of the Bill is to allow the transfer of the land to the QYAC who will manage the island as a protected area. To achieve this outcome, the Bill makes the necessary amendments to four state Acts: the Aboriginal Land Act 1991 (Qld) (ALA), the Nature Conservation Act 1992 (Qld) (NCA), the Recreation Areas Management Act 2006 (Qld) and the Torres Strait Islander Land Act 1991 (Qld). The Bill converts previously protected areas on Moreton Island to transferable land in order to be granted to the QYAC under the ALA regime; recognises the agreement to facilitate the declaration of an Indigenous Joint Management Area under the NCA; declares the joint arrangement on the island; and implements the procedural requirements, such as consultation, before certain permits and authorities can be granted. The amendments mirror existing sections of the NCA and ALA that currently apply in relation to joint management of protected areas in the Cape York Peninsula and the North Stradbroke Island regions.
Other amendments, unrelated to the joint management, clarify the interaction between the different pieces of legislation for consistency. This responds to issues that stemmed from differing interpretations of the NCA.