Cape York Peninsula Tentative List Submission

World Heritage properties are places with significant cultural and/or natural values that are internationally recognised for their Outstanding Universal Value (OUV) as assessed against one or more of the World Heritage criteria.

Australia has 20 World Heritage properties including Uluru-Kata Tjuta National Park, Kakadu National Park and Purnululu National Park.

Queensland is home to five World Heritage properties including the Australian Fossil Mammal Sites (Riversleigh Section), K’gari (Fraser Island), Gondwana Rainforests of Australia (Queensland section), the Great Barrier Reef and Wet Tropics of Queensland.

A Tentative List contains properties that a Country considers to have exceptional cultural and/or natural values that are of outstanding importance and significance to the world.

Australia currently has seven sites on its Tentative List.

Cape York Peninsula spans almost 15 million hectares and is covered by exceptional areas of savanna, remnant rainforest, wetlands containing unique river systems. A number of threatened species including the Cape York Rock Wallaby and Southern Cassowary live there.

It is a cultural landscape defined by its active cultural, social and economic role in today’s society, while remaining closely associated with traditional ways of life.

The Cultural Landscapes of Cape York Peninsula Tentative List submission (the submission) has been added to Australia’s World Heritage Tentative List by the Australian Government, which opens the door to continue exploring a World Heritage nomination.

For many years, successful programs run by Traditional Owners and local communities, in partnership with the Queensland and Australian governments, have managed and protected the cultural and natural values of the region. These include the:

• Cape York Peninsula Tenure Resolution Program
• Cape York Peninsula Joint Management Program
• Queensland Indigenous Land and Sea Ranger Program (with a number of Ranger groups based in Cape York Peninsula)
• Cape York Heritage Assessment Grants

In 1982, the International Union for Conservation of Nature (IUCN) described the significant natural values of Cape York Peninsula in 'The world’s greatest natural areas: an indicative inventory of natural sites of world heritage quality'.

The Cape York Peninsula Heritage Act 2007 provides a legislative basis to identify the significant cultural and natural values of Cape York Peninsula, and the cooperative and ecologically sustainable management of Cape York Peninsula.

In 2011, the Queensland Government invited Traditional Owners of Cape York Peninsula to participate in an ‘opt in’ Country Based Planning program.

Government supported interested groups to undertake planning for their Country to consider whether they wished to nominate their Country, or parts of their Country, for possible inclusion in a National Heritage and/or World Heritage nomination.

In December 2015, the Meeting of Environment Ministers agreed to explore the possibility of including Cape York Peninsula on Australia’s World Heritage Tentative List.

An Agreed Statement detailed the governments’ support for exploring World Heritage Nominations for Cape York Peninsula and the Budj Bim Cultural Landscape in Victoria. Budj Bim Cultural Landscape was inscribed on the World Heritage List in 2019.

Following a Country Based Planning Process, Traditional Owners submitted a National Heritage Nomination for Quinkan Country which, in 2018, became the first place on Cape York Peninsula to be included on the National Heritage list.

In June 2024, the Cultural Landscapes of Cape York Peninsula Tentative List Submission was added to Australia’s World Heritage Tentative List by the Australian Government, realising the first step of a decades-long commitment. In preparing the Tentative List Submission, the Queensland and Australian governments worked through a detailed process to help identify and quantify the values of Cape York Peninsula.

The Tentative List submission signals to UNESCO that the Australian and Queensland governments are committed to doing the work necessary to progress a World Heritage nomination.

The Tentative List submission is a technical document in a specific format that demonstrates evidence against some of the ten World Heritage criteria. It includes a summary of the cultural and natural values of the landscape.

The Tentative List submission does not include a boundary, only GPS coordinates representing different locations that had free, prior and informed consent of both the Traditional Owners and relevant landholding entity.

Engagement with and free, prior and informed consent of Traditional Owner groups for any Country included in the Tentative List submission was fundamental.

There are multiple decision points in the years-long nomination process and Traditional Owner groups included in the Tentative List submission can opt out at any time. Similarly, those not included in the Tentative List submission may choose to opt in throughout the process.

The Queensland Government is also delivering the Cape York Heritage Assessment grants to support Traditional Owners to undertake cultural values assessment work on their Country that may contribute to a future nomination.

In 2023, four organisations received $50,000 from this grant program:

1. Palmerville Limestone Research, Western Yalanji Aboriginal Corporation
   Location: Palmer, Cook Shire Council
2. Assessing Balnggarrawarra Country for National Heritage Listing, South Cape York Catchments
   Location: Balnggarrawarra Country, Cook Shire Council
3. Cultural Heritage on Muunthi Country, Muunthiwarra Aboriginal Corporation
   Location: Muundhi (Jack River) National Park: Cook Shire Council
4. Increasing the Footprint of Binthi's National Heritage Listing Nomination, Binthi Land Holding Group Aboriginal Corporation
   Location: Hope Vale: Cook Shire Council

The Tentative List submission represents parts of Cape York Peninsula through several GPS coordinates, rather than a boundary on a map.

The GPS coordinates fall within Queensland’s protected area estate, or Indigenous-owned land and have the free, prior and informed consent (FPIC) of the relevant Traditional Owners who speak for that Country.

Boundaries for a final World Heritage Property will take years to negotiate and will only be decided when there is agreement and FPIC from all parties.

No. A World Heritage property does not have to be one parcel of land.

Disconnected locations can be included in one World Heritage property which is known as a ‘serial property’.

For example, the Australian Fossil Mammal Sites World Heritage Area has one parcel of land in Queensland (Riversleigh) and the other parcel in South Australia (Naracoorte). Both areas make up the Australian Fossil Mammal Sites World Heritage property.

No. World Heritage listing does not affect tenure. Tenure remains as it was before Nomination and state and local laws still apply.

World Heritage properties do not become Commonwealth property, nor does ownership pass to any international organisation.

World Heritage listed places can include a range of land tenures including pastoral leases, national parks, conservation parks, freehold land, Aboriginal-owned land, unallocated state land, sea country, private property, and council reserves.

Any World Heritage nomination must have landholder consent for all areas within the boundary.

There is an opportunity for the terms of pastoral leases to be extended. The Cape York Peninsula Heritage Act 2007 amended the Land Act 1994 to enable pastoralists to apply for a 75-year lease on land that is within a declared area of international conservation significance. This applies if the land is considered to be in good condition and is managed to protect the significant values.

Australia’s national environmental law, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), commenced in July 2000 and protects matters of ‘national environmental significance’.

Matters of national environmental significance include World Heritage properties.

If an area is listed as part of a World Heritage property, legal land-use activities that took place prior to the listing may continue.

This means that if the area used for grazing on Cape York Peninsula is included in a World Heritage property, then existing grazing and other existing activities can legally continue on the property.

Any new activities, or any enlargement, expansion or intensification of grazing or other activities that are likely to have a significant impact on World Heritage values, would need to be referred to the Australian Government for assessment and approval.

A new activity on land outside a World Heritage property would also need approval if it could have significant impact on a World Heritage value.

The Australian and Queensland governments recognise the social and economic importance of the grazing industry of Cape York Peninsula and its value to the local community.

Grazing, and a range of other commercial activities, can and do occur in World Heritage areas around the world.

Where grazing could threaten World Heritage values, appropriate management arrangements, such as fencing or spelling, can be negotiated with landowners before a World Heritage Nomination is submitted.

It is unlikely that changes will occur to the existing public road network or private roads as a result of World Heritage listing.

Upgrading some public roads could occur over time in response to new tourism opportunities.

Management of roads remains the responsibility of state and local governments.

Any proposals which may have a significant impact on World Heritage values would need to be referred under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

The GPS coordinates and cultural information in the Tentative List submission had the free, prior and informed consent of the relevant Traditional Owner groups and appropriate landholding entity.

The Queensland Government engaged Cape York Land Council (CYLC) to undertake engagement and consent activities for this project, where Traditional Owner groups wish to take up this pathway for assistance.

The Queensland and Commonwealth governments recognise and respect the rights of Traditional Owners and Landholding entities to self-determination. Where Traditional Owner groups had suitable mechanisms in place and expressed a desire to work with the State, the State engaged with these groups in the way that was consistent with their stated preference.

Consent given for the Tentative Listing does not automatically continue through the World Heritage nomination process.

The nomination process will have several decision-making points at which consent to continue will be required.

The Queensland and Australian governments will not progress a World Heritage nomination on Cape York Peninsula without the free, prior and informed consent of Traditional Owners and landowners, and broad community support.

Involved Traditional Owners were provided with formal and informal opportunities to understand more and ask questions about the Tentative Listing process. This enabled them to talk with their community and make decisions that were free, prior and informed.

Demonstrated agreement through appropriately authorised Resolutions was a requirement for all locations in the Tentative List Submission.

This will also be the case for a World Heritage nomination.

Tentative Listing does not change what can be done on Country.

The Queensland government is planning the next steps of engagement with Traditional Owners, landowners, other government agencies and stakeholders with interests across Cape York Peninsula.

Discussions will need to ensure a shared understanding of the nomination process and consider an approach to the work to identify and document values which can contribute to a nomination.

The World Heritage nomination process is extensive.

There are multiple consent decision points throughout the World Heritage nomination process enabling Traditional Owners to opt out or opt in at any time.

• Traditional Owners who are part of the Tentative Listing can opt out of continuing through the nomination process.
• Traditional Owners who are not part of the Tentative Listing can opt in to the World Heritage nomination process.

Agreement on the final boundary and area for World Heritage Listing is often negotiated over years and can change up until the Nomination is finalised.

More information about the World Heritage process is available.

A World Heritage nomination can play an important role in the life of the community and the Queensland Government recognises that communities need to be consulted along the process.

During the years-long journey towards a World Heritage nomination, the Queensland Government will provide opportunities for the communities of Cape York Peninsula to be involved.

Effective planning is crucial to this process and the Queensland Government is working to develop an appropriate approach to engagement.

It is anticipated that engagement will commence in late 2024 or early 2025.

The World Heritage nomination process will consider areas to be included, how they will be managed and what resources would be required for future governance and management of a World Heritage property.

The World Heritage nomination will need to include information on the future governance and management arrangements of the proposed property. These requirements will be discussed, negotiated and developed as part of the process.

Resourcing for governance and management of a future World Heritage property will take time to understand as it relates to the different needs of involved groups.

The process will be place-based and will consider unique circumstances for each group.

Over the next two to three years the Queensland Government will work with different groups to understand and document what resources would be required.

The concept of a rights-based approach to World Heritage began in 2007 with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

It identified an urgent need to respect and promote the rights of Indigenous peoples, especially their rights to their lands, territories and resources. UNDRIP calls on governments to adopt free, prior and informed consent (FPIC) as a pre-requisite for any activity that affects the ancestral lands, territories and natural resources of Traditional Owners.

The Queensland Government is committed to reframing relationships with First Nations people and the Department of Environment, Science and Innovation operationalises this commitment through the Gurra Gurra Framework 2020–2026.

The Queensland First Nations World Heritage Strategy sets out the department’s commitment to placing Country and people at the heart of World Heritage business, including new nominations, governance, planning, decision-making and management.

World Heritage nominations must include an agreed management system to demonstrate how it will be managed and protected for current and future generations.

The management system will need to specify how potential impacts on World Heritage values will be managed (e.g. fire, pest and/or weed management).

Existing effective management arrangements would likely be part of the proposed arrangements for a World Heritage nomination.

Relevant Queensland legislation also applies to World Heritage properties.

The World Heritage nomination process requires deep engagement and commitment and will take a minimum of five years. There is no time limitation on this process.

Anyone can nominate a place with heritage values for the National Heritage List, providing they meet the criteria. Information about the Nomination process is available on the Australian Government National Heritage Listing website.