Australian Greens' Additional Comments

1.1The Australian Greens support the intent of the Environment Protection and Biodiversity Conservation Amendment (Board of Management Functions) Bill 2025 (the Bill) to ensure ongoing, First Nations-led management of Country.

1.2Passing the Bill will ensure the First Nations-led Boards of Management of Booderee National Park and Kakadu National Park can continue to manage Country between the upcoming expiry of existing management plans and finalisation of new management plans. This continuation of management responsibilities is welcome.

1.3We acknowledge concerns raised in submissions that the Bill could extend the life of management plans that no longer reflect contemporary science, indigenous knowledge, or best practice cultural governance. As noted in the Committee Report, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) requires Boards and the Director of National Parks to try to ensure a management plan is always in place for each reserve.[1] To ensure that obligation is met, the government must dedicate adequate funding to enabling management plans to be developed, implemented and reviewed.

1.4While the extension of management responsibilities under the Bill is welcome, it is one small step. Much more is needed to deliver genuine cultural heritage protection and First Nations stewardship.

1.5The destruction of Juukan Gorge demonstrated that Australia’s laws are failing to protect Aboriginal cultural heritage or support self-determination of Traditional Owners responsible for Country. The Samuel Review also acknowledged that '[e]nvironmental management is inadequate without incorporating the knowledge, land and sea management practices of Indigenous Australians'. Professor Samuel found that the EPBC Act fails to value indigenous knowledge in decision making and 'forgoes the enormous benefits that can be derived when Indigenous knowledge is fully considered'.[2]

1.6If the Government is truly committed to 'greater Traditional Owner decision-making participation and control over the management of Country', it must:

ensure broader EPBC reforms include robust First Nations engagement and decision-making processes, consistent with the principles of free, prior and informed consent;

support First Nations-led co-design for all management plans;

urgently progress laws for the protection of tangible and intangible cultural heritage;

implement all recommendations of A Way Forward: Final report into the destruction of Indigenous heritage sites at Juukan Gorge;[3] and

ensure adequate long-term resourcing for First Nations Ranger Programs and Indigenous Protected Areas.

Senator Sarah Hanson-Young

Deputy Chair

Footnotes

[1]Environment Protection and Biodiversity Conservation Act 1999, ss. 366(3).

[2]Professor Graeme Samuel AC, Independent Review of the EPBC Act – Final Report, Department of Agriculture, Water and the Environment, October 2020, p. 6.

[3]Joint Standing Committee on Northern Australia, A Way Forward: Final report into the destruction of Indigenous heritage sites at Juukan Gorge, October 2021.