Document ID: chunk:federal_register_of_legislation:F2021L01354:body:0:p57
Version: federal_register_of_legislation:F2021L01354
Segment Type: other
Provision Reference: 
Character Range: 163600–166455

is related to the development of tourism at Uluṟu, which began in the 1930s and has expanded in the region ever since (see Appendix J). At that time, Aṉangu travelled widely over their ancestral lands pursuing ceremonial life, visiting family, and hunting and collecting food. The semi-permanent water available at Uluṟu made it a particularly important stopping point on these journeys. By the early 1970s Aṉangu found their country more accessible with roads, vehicles, radio communications and
   settlements. The establishment of the Ininti Store in 1972 as an Aboriginal enterprise on a lease within the park became the nucleus of a permanent Aṉangu community within the park. Through the handback of the park to Nguraṟitja in 1985 and the development of the Lease between the Director and the Land Trust, the rights of Nguraṟitja and other Aṉangu to reside in the park were formally recognised under Commonwealth law.

The EPBC Act and park lease agreement

   The EPBC Act requires the management plan to be consistent with the Director's Lease obligations. In relation to Muṯitjulu, the Lease states that Aṉangu and other Aboriginals entitled to use or occupy the park have the right to reside within the park at Muṯitjulu or at such other locations specified in the management plan, subject to:
    •      directions or decisions of the Board with respect to health, safety or privacy

    •      reasonable constraints in the management plan for reasons of safety, security, privacy or protection of the park.
 The EPBC Act prohibits certain actions in the park, including in the Muṯitjulu community, except in accordance with a management plan. This includes actions that affect native plants or animals, carrying out excavations, construction or other works and commercial activities. The EPBC Regulations relevant to park management also apply to Muṯitjulu, subject to a management plan. This section of the management plan includes prescriptions that set out how activities subject to the EPBC Act and EPBC Regulations may be carried out in the Muṯitjulu community, including activities which are prohibited elsewhere in the park but are allowed in Muṯitjulu.

 The EPBC Act also allows the Director to grant subleases and licences in the park in accordance with a management plan (see Section 6.5 Subleases, licences and associated occupancy issues). The park lease states that the Land Trust reserves the right to request the Director to sublet any reasonable part of the park to a Relevant Aboriginal Association. The Director has restricted public access to Muṯitjulu community through a prohibition made under r.12.23 of the EPBC Regulations, to protect the privacy and quiet enjoyment of residents and to reduce interruption or disturbance.

 Muṯitjulu community is also subject to a range of other legislation in addition to the EPBC