Document ID: chunk:federal_register_of_legislation:F2016L00002:front:0:p145
Version: federal_register_of_legislation:F2016L00002
Segment Type: other
Provision Reference: 
Character Range: 417586–420426

of Aboriginal people. From time to time, non-Aboriginal people request permission to bury or scatter the ashes of a deceased relative in the park. Usually the person has either previously lived here for a long time, has been a regular visitor, or has died while in Kakadu.

Section 359A of the EPBC Act states that the provisions of the Act and Regulations dealing with activities in Commonwealth reserves do not prevent traditional use of land by an Aboriginal person for non-commercial hunting or gathering, provided it is done in accordance with other applicable laws. More generally, s.8 of the Act provides that the Act does not affect the operation of s.211 of the Native Title Act 1993 and s.71 of the Land Rights Act, which provide for traditional use of land, including non-commercial hunting, fishing and gathering, by Aboriginal people.

Bininj/Mungguy are concerned that from time to time Aboriginals who do not have traditional rights and have not been authorised under Bininj/Mungguy cultural protocols and practices carry on hunting and gathering in the park. Policies and actions relating to activities being undertaken by the joint management partners to address this are in Section 5.1 (Looking after culture).

Hunting in the park by Aboriginal people continued to be a major issue during the life of the fifth plan, and one issue of concern continues to be the use of lead shot. Lead is a toxic substance that can harm humans, wildlife and the environment. The most common lead poisoning in wildlife is considered to be the result of ingestion of spent lead shot.

Possession and use of firearms (and other types of hunting equipment) are prohibited by Regulation 12.18 of the EPBC Regulations unless authorised by this plan or a permit issued by the Director (or where another exemption prescribed by r.12.06 applies).

Commercial use of resources by Bininj/Mungguy is dealt with in Section 10.5 (Commercial use of resources) of this plan.

Northern Territory laws, including firearms laws, apply in the park in so far as they can operate consistently with the EPBC Act and Regulations.

Policies

     10.6.1          Bininj/Mungguy traditional owners and other relevant Aboriginals for land in Kakadu may, in accordance with law (e.g. Northern Territory firearms laws), continue traditional use of areas in the park for hunting and food gathering.

     10.6.2          All persons authorised to possess and use a firearm within the park must possess a valid firearms licence under the Firearms Act (NT) and comply with relevant Northern Territory requirements for the safe use of firearms.

     10.6.3          Lead shot must not be used in the park.

     10.6.4          Bininj/Mungguy may continue to use areas in the park for burials (including scattering of ashes) in accordance with their traditional rights.