Cape York Peninsula Heritage Act 2007

• Why Cape York Peninsula is special • What the experts say about Cape York • Cape York Peninsula Heritage Act 2007 • World Heritage and Cape York • The Wilderness Society’s campaign successes • The Wilderness Society’s vision for Cape York Peninsula

On Thursday the 7th of June 2007, the Queensland Government announced a range of initiatives to protect the wild rivers and World Heritage values of Cape York Peninsula. This marked a breakthrough in securing the long-term protection of Cape York's extraordinary natural environment and included a new piece of legislation, the Cape York Peninsula Heritage Act 2007. The Act, passed on 17 October 2007, received bi-partisan support, and was developed following consultations with Indigenous, conservation, pastoral and other interests.

The objectives of the Cape York Peninsula Heritage Act 2007 are:

• to identify significant natural and cultural values of Cape York Peninsula,
• to provide for cooperative management, protection and ecologically sustainable use of land, including pastoral land, in Cape York Peninsula,
• to recognise the economic, social and cultural needs and aspirations of indigenous communities on Cape York Peninsula in relation to land use, and; 
• to recognise the contribution of the pastoral industry in the Cape York Peninsula to the economy and land management.

Why is it important?

The Act is a breakthrough in the campaign to protect the superlative natural and cultural values of Cape York Peninsula, providing a solid foundation to formally protect the region’s outstanding conservation values as well as providing a variety of economic benefits.

Development and conservation can and should go hand in hand in Cape York. World Heritage, wild rivers, better land management and the economic prospects coming from these initiatives should significantly enhance employment opportunities for the people of the region.

How will it achieve this?

The Act achieves the objectives by providing for:

• the declaration of areas of international conservation significance;
• the cooperative involvement of landholders in the management of the natural and cultural values of Cape York Peninsula;
• the continuance of an environmentally sustainable pastoral industry as a form of land use in Cape York Peninsula;
• the declaration of Indigenous community use areas in which Indigenous communities may undertake appropriate economic activities; and
• the establishment of committees to provide advice on the implementation of the Cape York Peninsula Heritage Act.

How did it come about, and who created it?

The legislation reflects agreements reached on a conservation and land use framework for the region following negotiations between the Queensland Government with representatives of The Wilderness Society and Australian Conservation Foundation, the Cape York Land Council and Balkanu Cape York Development Corporation, Agforce and the Queensland Resources Council.

What does it do?

The Act provides for the identification and protection of significant natural and cultural values of Cape York Peninsula, and for its cooperative and ecologically sustainable management.

The Cape York Peninsula Heritage Act 2007, and associated initiatives, will;

• within 12 months, identify the boundaries for a future World Heritage site by identifying and declaring an area of ‘international conservation significance’. The Queensland Government will then develop a management strategy consistent with maintaining the World Heritage values of this area. Eventual World Heritage listing will require the consent of Traditional Owners and the support of the Commonwealth Government.
• amend the National Park Act to create a new category of protected area – National Park (Cape York Peninsula Aboriginal Land). The Queensland Government has also committed to new joint management arrangements for parks and protected areas, through the use of Indigenous management agreements and amendments to the Aboriginal Land Act.
• ensure pastoral landholders have an incentive to protect World Heritage values on the property through the extension of grazing leases in return for inclusion of cattle properties into an area of international conservation significance.

The Act is part of a package that ensures that Native Title rights are recognised in the Wild Rivers Act and provides an Indigenous economic and employment package, including confirmation of the Indigenous ranger positions and support for Indigenous arts, culture and tourism enterprises.

The Act also provides for the establishment of the Cape York Peninsula Regional Advisory Committee which will advise on matters relating to the declaration of areas of international conservation significance, indigenous community use areas, and other matters considered appropriate, having regard to the objects of the Act. The Bill also provides for the development of the Cape York Peninsula Region Scientific and Cultural Advisory Committee to advise on matters relating to the natural and cultural values of the land proposed to be an area of international conservation significance and an indigenous community use area, and other matters considered appropriate, having regard to the objects of the Act.

The Government has also maintained its commitment to maintaining the existing controls on broadscale land clearing on Cape York under the Vegetation Management Act.

What doesn’t it do?

While the Act provides a new cooperative framework to deliver land management, conservation outcomes and Indigenous development opportunities, final protection of the wild rivers and World Heritage values of Cape York still requires goodwill, support from local communities and hard work by all parties over the next few years.
 

Where does it extend to?

The Act only applies to Cape York Peninsula.

Does it affect any other legislation?

The Act amends some sections of the following Acts, as they pertain to Cape York Peninsula:

• Aboriginal Land Act 1991
• Land and other Legislation Amendment Act, 2007
• Nature Conservation Act 1992
• Vegetation Management Act 1999
• Wild Rivers Act 2005