Documentation:Open Case Studies/FRST522/2023/Wombat State Forest, Victoria, Australia: Exploring Indigenous Engagement in Community Forest Management

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Summary

The study examines Australia's adoption of community forest management (collaborative forest management), utilising Wombat State Forest as a case study to explore Indigenous engagement in community forest management. The description, tenure, and stakeholders associated with Wombat State Forest are discussed, revealing challenges of Indigenous engagement such as ambiguous governance and limited Indigenous decision-making power. The discussion section assesses Indigenous engagement in Wombat State Forest and acknowledges the limitations of the methodology of this study. Recommendations include improving government policies, ensuring equitable benefits, recognising Indigenous knowledge, and providing capacity-building opportunities to enhance Indigenous engagement in forest management.

Keywords

Wombat State Forest, Community Forest Management, Collaborative Forest Management, Indigenous Engagement, Forest Tenure, Indigenous Rights

Introduction

Community forests are defined as those managed and utilised by local communities with a direct stake in forest resources, enhancing active community participation in decision-making processes.[1] This participatory approach, known as community forestry or community forest management, has attained international attention for its collaborative involvement of government and stakeholders in forest management.[2] Australia recognised the potential benefits of the community forest management model for its forestry practices, initiating to adoption of this model into its forest management system, naming collaborative forest management.[2]

In the Australian context, community forestry encompasses three primary dimensions: indigenous community participation in forest management, local community participation in private forest management, and local community participation in public forest management.[3] A study states that indigenous peoples and their valuable traditional knowledge are increasingly involved in forest management, which plays an important role in sustainable forest management.[4] The Aboriginal and Torres Strait Islander peoples are the traditional owners of the unceded continent of Australia.[5][6] Furthermore, Aboriginal-managed lands are critical for biodiversity conservation and carbon sequestration in Australia, accounting for 52% of Australia's forests.[3] This highlights the potential contribution and value of recognising and incorporating the local knowledge and perspectives of Aboriginal communities and advocating for Aboriginal community involvement in forest management and forestry in Australia.

It is important to note that, in Australia, three types of forests directly involve Indigenous engagement: Indigenous owned and managed; Indigenous managed; and Indigenous co-managed.[7] Given the direct ownership or management by specific indigenous communities in the first two categories, enabling 100% indigenous engagement, this study will focus on forests that are not Indigenous managed or co-managed in its exploration of Aboriginal involvement in community forests.

As such, as the earliest inhabitants of Australia, the traditional environmental knowledge and management experience of Indigenous communities can provide opportunities for new ideas and practical approaches to contemporary community forest management. Wombat State Forest will serve as a case study for this study, examining the extent of Indigenous engagement in community forest management and its implications for sustainable forest management practices.

Wombat State Forest

Wombat State Forest

Wombat State Forest is located approximately 75 kilometres northwest of Melbourne, Victoria, with a total forest area of approximately 70,000 hectares. It includes several important nature reserves and is renowned for its high-quality native hardwood and sawn timber production.[8] The forest is a large mixed eucalypt foothill forest with a long history of timber harvesting, the predominant sawn timber being Eucalyptus obliquus.[9] The Victorian Government owns and manages the forest, primarily managed by the Department of Environment, Land, Water and Planning (DELWP).[10][11]

It is noted that, in response to community conflict surrounding timber production, sawmill logging in this forest ceased in 2003, in which the extraction of commercial and domestic firewood, woodcut logs and timber for other products was restricted.[9] In an attempt to tackle the conflict, a forest management trial was initiated to continue forest management in a community-government partnership.[8][9] The forest management trial program is collaborative forest management, which aims to build a strong partnership between community stakeholders and government management to achieve sustainable forest management.[8] The community forest management program in Wombat State Forest is Australia's first community forest management pilot project, funded by the Government, and aims to strengthen community involvement in forest policy development and management and to provide a model for potential use across the state.[2][12]

Historical timeline of landscape change

Pre-European Settlement

The Dja Warrung, Wadawurrung and Wurundjeri Woi Wurrung people are the traditional owners of the territory of Wombat State Forest.[13]

Colonial Period

During the 19th century, after European settlers's arrival, it led to significant changes in land use patterns, including agriculture, logging, and other human activities that began to alter the landscape.

a). The logging and timber industry began in the 1850s. similar to many other forests around Australia, Wombat State Forest became a key area for timber resources.[14]

b). Wombat State Forest established in 1871, also called Bullarook State Forest.[15]

Conservation Period (20th Century Onward)

With the dawn of environmental conservation awareness, there is a shift in attitudes toward forest management.

a). In February 2002, the Victorian government announced forestry reforms, and Wombat State Forest became the first community forest management pilot project, and logging activities in this forest ceased in 2003.[12]

Tenure, Ownership and Rights to Forests

The tenure of Australia's forests

In Australia, land tenure serves as the formal system of land ownership, clarifying the legal relationship between individuals and the land.[16] This tenure framework not only establishes ownership of specific land parcels but also articulates permissible uses and activities on the land. Regarding forests, land tenure identifies the rights to utilise the forest and its resources, although it cannot always provide clarity on tree ownership.[16]

The Australian government classifies forest tenure into six categories, including leasehold forest, multiple-use public forest, nature conservation reserve, other Crown land, private Forest, and unresolved tenure.[17] In the context of Indigenous engagement in forest management in Australia, the process involves a variety of tenure, management, and access arrangements, which vary in different states.[3] Moreover, determinations of Indigenous title under Australian law recognise traditional rights and interests over land and water, granting either exclusive or non-exclusive rights. However, it is essential to note that Indigenous title, by itself, does not confer property rights.[3]

In Victoria, as the section 20(1) of the Traditional Owner Settlement Act 2010, the Indigenous title represents a modified form of freehold, where a traditional owner group acquires a park or reserve on a fee-simple basis while the state retains ownership and management rights over the area. Additionally, Indigenous land title remains subject to the terms established during its former Crown land status.[18]

Wombat National Forest is categorised under the forest tenure of a multiple-use public forest.[19] As a public forest, it includes a spectrum of values, including timber harvesting, water supply, biodiversity protection, and recreation. While timber harvesting is permissible in this forest, it is subject to restrictions imposed by Victorian government forest management codes of practice where applicable.[16] For example, harvesting forest products and holding commercial activities in the forest require applying for relevant licenses or permits from the Victorian government.[20][21]

More importantly, Indigenous rights to the Wombat State Forest (and applicable to all state forests in Victoria) are outlined as follows:

9 strands in the bundle of Indigenous rights to Wombat State Forest[16][17][18][20][21][22]
Access (to go into a defined area at any or prescribed times) Yes
Withdrawal/Use rights for subsistence (named products and specified amounts) Yes (for personal, community and cultural purposes)
Withdrawal/Use rights for sale (named products and specified amounts) No
Management or Co-management rights (right to regulate internal use patterns) No
Exclusion rights (right to determine who will have access to a defined area) No
Alienation rights (sell; give away; mortgage; lease/loan management or exclusion rights) No
Duration (time-limited?) Almost No (only Yes for commercial activities, no more than 20 years)
Bequeathe (rights to hand over or pass on your right to someone else) No
Exclusion rights (right to determine who will have access to a defined area) No

Institutional/Administrative Arrangements

Management Authority

Victoria's state forests, including Wombat State Forest, are owned by the Victorian Government, with the DELWP [decode acronyms] serving as the official management authority.[10][11] VicForests, a state-owned enterprise, operates the logging, sales, and regeneration of timber from all of Victoria's state forests.[23][24] In Victoria, the forest management system involves extensive legislation to regulate timber harvesting and protect natural values, with the main legislation affecting Wombat State Forests, including the Sustainable Forests (Timber) Act 2004 and the Forests Act 1958.[25]

With the promotion of the Community Forest Management, the Wombat State Forest became the first pilot project for community forestry in Australia and a precursor to the wider decentralisation of government forest management responsibilities to support greater community empowerment.[2][8] For example, in partnership with a community group, Wombat Forestcare, works to protect and enhance the natural ecosystems of Wombat Forest.[26]

It is noted that, in March 2013, the Victorian Government signed a Recognition and Resettlement Agreement with the Dja Dja Wurrung community, granting Aboriginal title to two national parks, one regional park, two state parks and one reserve to the Dja Dja Wurrung, and co-managing their unceded territories with the Dja Dja Wurrung community. However, the Wombat State Forest was not included.[27]

Given the absence of formal, legally binding agreements between the State Government and Indigenous community representatives for the management of Wombat State Forest, the incorporation of Indigenous communities' input is not mandatory in the management process for the lands or forests.[7] Consequently, Wombat State Forest's role as a community forest pilot project does not involve co-management of forestry with Indigenous communities. The direct management authority of the forest remains with the Victorian government, while Indigenous communities collaborate with their forest management agents, such as VicForests, to undertake specific projects within the forest.[28]

Reporting System

Primary reporting system

Victoria’s State of the Forests Report is the primary reporting system in terms of state forest management in Victoria, which is based on regular monitoring data and compiled every five years by the Commissioner for Environmental Sustainability; additionally, which can enable the state government to improve openness, accountability and community engagement in forest management. The report fulfils the Secretary to Department of Energy, Environment and Climate Action(DEECA)’s reporting obligations under the Sustainable Forests (Timber) Act 2004.[29]

Other reporting system

In addition to the State of the Forests Report, the State continually reports on the state of its forests through a variety of other relevant Victorian public reports, including:

• Victoria’s State of the Environment report – produced by the Commissioner for Environmental Sustainability;

• Annual reports from government agencies including DEECA, Parks Victoria and VicForests.[29]

Stakeholder Identification

Stakeholder analysis is essential in community forest management and contributes to effective decision-making and conflict resolution by identifying the roles and impacts of various stakeholders; furthermore, it integrates relationships and rules that help to manage the performance of all parties and promotes collaborations between stakeholders to achieve sustainable community forest management, ensuring that the needs of different stakeholders are balanced in decision-making processes.[30] The stakeholders associated with Wombat State Forest include, but are not limited to:

Dja Dja Wurrung Clans Aboriginal Corporation (DJAARA)- Dja Dja Wurrung communities are the traditional owner of the territory. However, Indigenous communities are involved in low power in management decisions of the forest. As mentioned above, they have no direct management or co-management rights in the Forest. Indigenous communities The locals of the area appreciate the reduction of fire risk and the active management of the regrowth forest by the Dja Dja Wurrung people. DJAARA has partnered with VicForests to assist in healing the Country through Forest Gardening principles and the safe removal of wind-thrown timber. The works in the forest involve the removal of wind-thrown timber under a Recovery Timber Utilisation Plan (TUP), with a focus on protecting unaffected areas. DJAARA's approach to managing the cultural landscapes holistically is through Forest Gardening, which considers cultural and environmental outcomes based on indicators and responses from the Country.[28][31]

VicForests- VicForests has high power, as it has the direct management of harvesting, sale and regeneration of timber from the forests.[24] VicForests is committed to the highest safety standards, focusing on recovery efforts in the  Forest post-June 2021 storms. Operations aim to reduce fire risk, collaborate with Traditional Owners (DJAARA), and utilise recovered timber under a Forest Recovery Timber Utilisation Plan. Safety measures include using suitable equipment, environmentally conscious practices, and collaboration with traditional landowners. Priority is given to clearing fallen trees and debris for firefighter access.[32]

Wombat Forest Society- The Wombat Forest Society has low power in management decisions of the forest. The Wombat Forest Society is a group of local environmentalists, including ex-loggers, advocating for limited 'sustainable logging' in the the forest. They conducted a study that argued timber harvesting in the Wombat was occurring at a destructively unsustainable rate.[33]

The Interim Stewardship Council (ISC) and Council of Stewards (CoS)- ISC and CoS exercise high power in management decisions of the forest. ISC and CoS were appointed to establish the governance structure for collaborative forest management trial program process in the forest. The ISC remained as an advisory board to the Department of Sustainability and Environment , while the CoS took over the reins of the program. Both groups faced internal conflicts and power struggles.[33]

Tourist and Recreational Visitor- Tourists and recreational visitors are one of potential interested stakeholders. The forest has scenic forest landscapes and historic attractions, and offers walking and cycling trails, four-wheel driving, off-road cycling, camping and wildlife viewing. It attracts adventurous people and tourists.[34]

Academic Institutions- Academic Institutions are one of potential interested stakeholders, for example, The University of Western Australia.The university established Flux Towers in the forest  in January 2010 to support sustainable ecosystem management. The Flux Tower site monitors above-ground and below-ground ecosystem fluxes using a flux tower and automated chambers. It studies the impact of rainfall reduction on carbon and greenhouse gas cycles in Australian dry eucalypt forests. As part of the Victorian Dry Eucalypt SuperSite, it contributes to understanding ecosystem processes, focusing on carbon dynamics, greenhouse gas emissions, and climate variability.[35]

Discussion on Indigenous Engagement in Wombat State Forest

Indigenous Engagement Assessment

To assess the extent of Indigenous involvement in Wombat State Forest, this study conducted a comprehensive review of relevant news sources, government documents, and academic literature. Regrettably, the available literature on Indigenous engagement in the forest's management was found to be limited.

A study indicates that community forest management within the Wombat National Forest evolved through a long and turbulent process, establishing a management committee composed of three indigenous representatives, two local area representatives, and two non-voting representatives from the management authority.[36] However, the division of decision-making and management duties between the management committee and the government authority responsible for the management of the forest remains ambiguous.[36] Another study highlighted that Indigenous engagement in the forest only involves consultations and discussions related to forest management and use.[12]

Conversely, another study reveals that the Regional Forest Agreement (RFA), a pivotal agreement that involves obligations and commitments for forest management, dilutes Indigenous land rights by constraining them to the realm of cultural heritage and neglecting traditional knowledge.[37] Furthermore, the RFA process largely overlooks the Aboriginal Land Rights Act 1933, and Indigenous rights therefore are not properly addressed. This, in turn, impacts Indigenous land rights in forested areas, including Wombat State Forest.[37] As discussed above, the forest's management authority does not possess a legally formal co-managing agreement with any Indigenous group. The level of Indigenous engagement in the forest's management is therefore limited to consultations and discussions on the management and use of the forest, which does not involve any decision-making power on forest management.

It is important to note that the community forest management trial program in the forest ultimately failed, attributed to conflicts, ambiguities and different understandings among stakeholders, as well as existing scepticism and mistrust within the community.[3][33] Specifically, the main contributors to this failure include value-based conflicts arising from disparate interests in forest utilisation and management, exacerbated by insufficient government support and impatience, which further undermined backing for the community forest management process.[33][38] Consequently, this failure reflects clear phenomena of limited Indigenous engagement in Wombat State Forest.

Challenges and Opportunities

As discussed above, the challenges of Indigenous engagement in Wombat State Forest community forest management revolve around ambiguous governance structures, constraining agreements, and a lack of legal formality in co-management. These factors contribute to a situation where Indigenous engagement is limited to consultation and discussion without effective decision-making power.

However, the Australian Federal and Victorian Governments continue to express expectations that local Indigenous communities can be actively involved in forest management.[39][40][41] The Federal Government launched the National Indigenous Forestry Strategy in 2005, which aims to encourage active Indigenous engagement in forest management and the timber industry to bring economic and social benefits to their communities.[42] In addition, the promotion of business partnerships between Indigenous communities and the industry is advocated to generate economic returns for their communities, providing more employment opportunities for Indigenous people and bringing skilled labour to the industry.[42] This provides opportunities for potential contributions to the relevant involvement of  Indigenous communities in the co-management of Wombat State Forest.

It should be noted that the Strategy also presents some potential challenges to Indigenous engagement in the management of Wombat State Forest, namely that Aboriginal Australians may be wary of government plans and industry commitments, highlighting the need for long-term commitment and well-resourced initiatives to build trust and overcome scepticism.[42]

Limitations

In the context of this study, the Indigenous engagement assessment in the management of Wombat State Forest relies exclusively on existing accessible news, government documents, and academic literature. Given the scope of this study, the assessment excludes direct interviews and discussions with relevant Indigenous individuals or communities. Consequently, it must acknowledge the potential limitations of the methodology in this study, which reflects a disjunction between the information derived from written documents and materials and the true state of Indigenous engagement as analysed.

Furthermore, this study's limitations may involve the absence of firsthand perspectives, experiences, and insights from the Indigenous communities directly associated with or affected by the management processes of the forest. The reliance on secondary sources may introduce the extent of bias or incomplete representation of the multifaceted dynamics associated with Indigenous engagement in the forest's management. Moreover, the lack of direct engagement with Indigenous stakeholders may impede an appropriate understanding of their perspectives, challenges, and expectations in the context of the forest.

Recommendations for Facilitating Indigenous Engagement

Studies have demonstrated the increasing Indigenous engagement in forest management and the positive contribution of indigenous knowledge and traditions in forest conservation, the maintenance of ecological health and sustainable forest management.[43][44] In addition,  Indigenous engagement in forest management can contribute to the development of more decentralised, democratic and community-based forms of governance, which is consistent with the protection of natural ecosystems, respect for indigenous rights, and the development of cooperative relationships with local communities.[45] As such, the recommendations for addressing the challenges of and promoting Indigenous engagement in Wombat State Forest are as follow:

Recommendations on government policy, regulation or legislation improvements- Tenure security, government support, and effective regulatory frameworks are important factors that aid in the success of community forest management and can contribute to indigenous engagement in forest management.[46]

Recommendations on effective devolution- To increase Indigenous engagement, it is important to ensure equitable distribution of benefits and effective local decision-making processes.[47] In addition, involving indigenous communities in the development and implementation of forest management policies and practices can also increase the level of Indigenous engagement by allowing them decision-making power to ensure that their traditional knowledge is considered.[48]

Recommendations on further recognition of Indigenous knowledge and culture-The forest management authority should respect the rights of Indigenous communities and give priority to their cultural traditions and relationship with the forest. Furthermore, recognising the effective value and importance of Indigenous traditions and Indigenous ecological knowledge in forest management and conservation efforts can have the potential to inform sustainable approaches to forest management and biodiversity conservation.[48] The actions of respect for indigenous knowledge and cultures can effectively contribute to the level of indigenous participation in community-based forest management.[48]

Other recommendations- The forest management authorities can consider providing more opportunities for Indigenous communities to enhance capacity-building and education of Indigenous communities, enhancing their understanding of forest management objectives and their capacity for self-determination; and the authorities can conduct Indigenous community-based action research to clarify Indigenous concerns and barriers to inclusion in policy issues and help policymakers understand and prioritise Indigenous knowledge and livelihoods.[48] The increased consideration of Indigenous communities by management authorities can be effective in increasing Indigenous engagement in forest management.[48]

Conclusion

In conclusion, this study has investigated Indigenous engagement in community forest management in Australia, with Wombat State Forest serving as a case study. The exploration of forest tenure structures and stakeholder dynamics indicates the complexities of Indigenous engagement in community forest management. Despite the government strategy launched to encourage Indigenous engagement, challenges such as ambiguous governance and limited decision-making power for Indigenous communities emerge as significant barriers to Indigenous engagement.  Recommendations for improving government policies, fostering equitable benefits, recognising Indigenous knowledge, and providing capacity-building opportunities aim to grapple with the challenges. The overarching objective is to enhance Indigenous engagement in community-based forest management in shaping the future of forest management in Australia.

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