Summary
The report examined legal barriers hindering the implementation of Aboriginal fire management practices in North East New South Wales. The reports draws on a literature review, legal analysis, stakeholder interviews, and a workshop that examined Indigenous fire management and discussed preferred outcomes related to legal pathways for cultural burning in NSW.
Legal analysis showed contemporary fire laws are complex, with responsibilities divided across agencies, and that they are not well-aligned with Indigenous knowledge systems.
Key barriers included the absence of an explicit place for cultural fire in the legal framework, failure to recognise cultural practice as a lawful reason to use fire, exclusion of cultural knowledge holders from decision-making, dismissal of Indigenous cultural knowledge as evidence, limited recognition of fire’s ecological role, and lack of liability protection for cultural fire practioners.
The report outlines options and pathways to overcome the identified barriers and emphasised empowering traditional owners and cultural knowledge holders.
Acknowledgement of funding
This report was commissioned by the North East NSW Regional Forestry Hub with funding from the Australian Government, Department of Agriculture, Fisheries and Forestry.
Disclaimer
Reports prepared for Regional Forestry Hubs, and any recommendations contained in the reports, are provided as received by the Hub and are not endorsed positions of the Hub. They do not constitute Australian Government policy.
