Agenda of Arakwal Memorandum of Understanding Advisory Committee Meeting

CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§ The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§ The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§ If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§ Just because the person is a member of, or is employed by, the Council.

§ Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§ A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a) at any time during which the matter is being considered or discussed by the Council or Committee, or

(b) at any time during which the Council or Committee is voting on any question in relation to the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§ It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.

§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b) not including the making of an order under Division 2A of Part 6 of that Act.

(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5) This section extends to a meeting that is closed to the public.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 5.1

Staff Reports - Corporate and Community Services

Report No. 5.1 Aboriginal Education Kit

Directorate: Corporate and Community Services

Report Author: Belle Arnold, Aboriginal Projects Officer

File No: I2015/59

Theme: Society and Culture

Community Services – Community Development

Summary:

This report provides an update on the progression of resolution 14-478 on Aboriginal Education in the Byron Shire including a review of the existing initiatives and the development of an Aboriginal and Torres Strait Islander (ATSI) Education Tool Kit

RECOMMENDATION:

1. That the Arakwal MoU Advisory Committee note the progress of the development of the Indigenous Education in the Byron Shire Review and the ATSI Education Toolkit (E2015/9016).

2. That the Arakwal MoU Advisory Committee provide feedback on the development of the ATSI Education Tool Kit.

Attachments:

1 ATSI Education Kit, E2015/9016 , page 4

Report

At the 9 October 2014 meeting Council resolved (14-478) that:

In relation to Report 4.4 Aboriginal Education in the Byron Shire, Council adopt Committee Recommendation AMoU 4.4

1. That Council staff prepare a report on current Indigenous Education initiatives in the Byron Shire to assist with advocating at a state and federal level for increased funding for Indigenous Education in partnership with local schools.

2. That Council continue to support and advocate for improved Indigenous education services in the Byron Shire.

3. That Council staff develop an Indigenous Educational Tool Kit to assist local schools with knowledge about Aboriginal stakeholders and National and Cultural Days of significance.

In 0ctober 2014 the Aboriginal Projects Officer made contact with the Principals of all the primary and secondary schools in the Byron Shire to seek information about Indigenous programs in their schools. No response was received. In January 2015 the Aboriginal Projects Officer attended meetings at Mullumbimby High School and Ocean Shores Primary School to begin collating this information. Further meetings will be initiated to collate this information.

At the time of this report Council staff are aware of the following programs:

1. Reconciliation Week/ NAIDOC Week

Local State schools hold annual activities for Reconciliation Week and NAIDOC Week including in class activities and whole of school assemblies. In class activities are ad hoc and vary depending on individual teachers.

2. Dolphin Dreaming Program

Schools are accessing the Bundjalung of Byron Bay Arakwal people’s cultural education program called Dolphin Dreaming. This is done in an ad hoc way.

3. Deadly Dancing Program

The schools in the Brunswick Valley (lighthouse program) offer a 4 week cultural dance program each year during Reconciliation week and NAIDOC Week for Indigenous students. This program is taught by Dhinawan Baker with support from Scott Sentence and other community members. In 2014 there were 60 students participating in this program.

4. Aboriginal Education Groups

At the time of this report Council staff are aware of two Aboriginal Education Groups operating in the Byron Shire, at Brunswick Heads Public School and Byron Bay Public School.

5. Aboriginal Education Officers

At the time of this report Council staff are aware of no Aboriginal Education Officers in the Byron Shire. This role is performed by people in teachers aid or teacher positions that are Aboriginal.

6. Wollumbin Dreaming Youth Leadership Program

Mullumbimby High School are part of the annual Wollumbin Dreaming Youth Leadership Program. This program is supported by Tweed Shire Council.

Indigenous(ATSI) Educational Tool Kit

Attached is a draft of the ATSI Education Tool Kit. This document is still being developed to allow for extensive consultation with the Bundjalung of Byron Bay, the Local Area Land Councils, as well as local principals and Indigenous educators. The discussion about the resource has been well received and the tool kit has been identified as a much needed resource for the local community. This draft has been discussed with a local Aboriginal primary school teacher who provided the following feedback:

Local histories section with recounts of first contact

Teachers notes containing extensions to engage teachers

Present the tool kit to schools with a power point presentation to engage the interest of teachers.

Financial Implications

Nil from this report

Statutory and Policy Compliance Implications

Arakwal Memorandum of Understanding 2013

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 5.1 - Attachment 1

Aboriginal and Torres Strait Islander Educational Tool Kit

Inside Cover – National Indigenous Days

26 January	Survival Day/ Invasion Day	http://www.creativespirits.info/aboriginalculture/history/australia-day-invasion-day
13 February	Anniversary of the National Apology to Australian Indigenous People	http://www.nsdc.org.au/events-info/the-apology-to-australias-indigenous-peoples
11 - 15 March	Spirit Festival	http://www.thespiritfestival.com
19 March	Closing the Gap Day	https://www.oxfam.org.au/act/events/national-close-the-gap-day
21 March	Harmony Day	http://www.harmony.gov.au
26 May	National Sorry Day	http://www.nsdc.org.au/events-info/national-sorry-day/national-sorry-day
27 May	Anniversary of 1967 Referendum	http://www.naa.gov.au/collection/fact-sheets/fs150.aspx
27th May-3rd June	Reconciliation Week	http://www.reconciliationsa.org.au
3rd June	Mabo Day	http://www.reconciliation.org.au/wp-content/uploads/2014/03/NRW2014_3-June-Mabo_FactS.pdf
5th- 11th July (NAIDOC Week is always the first full week in July)	NAIDOC Family Fun Day	http://www.naidocsa.com/2015-events.html
4th August	National Aboriginal and Torres Strait Islander Children's Day	http://aboriginalchildrensday.com.au
9th August	International Day of the World's Indigenous Peoples	- http://www.un.org/en/events/indigenousday/
3rd September	Indigenous Literacy Day	- http://www.indigenousliteracyfoundation.org

- -

Introduction & Acknowledgements

Byron Shire Council

Arakwal MoU

TBLALC

Bundjalung Country

Maps, Whos who and were, acknowledgement and Welcome to Country

Arakwal Colour In

Local Contacts for traditional Owners and Land Council

National Sorry Day

About Sorry – Why the apology - background

Copy of the Apology

Find a Word

Comprehension – Extension – Questions and reflective writing

Colour In

National Sorry Day is an annual day of commemoration and remembrance of all those who have been impacted by the government policies of forcible removal that have resulted in the Stolen Generations.

Sorry Day has been held annually on 26 May each year since 1998, and was born out of a key recommendation made by the National Inquiry into the Separation of Aboriginal and Torres Strait Islander children from their families in the Bringing them home Report that was tabled in Federal Parliament on 26 May 1997:

7a. That the Aboriginal and Torres Strait Islander Commission, in consultation with the Council for Aboriginal Reconciliation, arrange for a national `Sorry Day' to be celebrated each year to commemorate the history of forcible removals and its effects.

The release of the findings of the National Inquiry in the Bringing them home Report in 1997 had a profound effect on the Australian public. The Report detailed unquestionable evidence about the forcible removal of thousands of Aboriginal and some Torres Strait Islander children from their families and communities. When the knowledge of these policies became public, the National Sorry Day Committee formed soon after, and embarked on an awareness raising campaign with the aim of uniting the Australian public in the annual commemoration and remembrance of the Stolen Generations.

The first Sorry Day was held in Sydney on 26 May 1998, and has been commemorated nationally on 26 May each year since then, with thousands of Australians from all walks of life participating in memorial services, commemorative meetings, survival celebrations and community gatherings, in honour of the Stolen Generations.

The annual Sorry Day commemorations have helped to remind and raise awareness among politicians, policy makers, and the wider public about the significance of the forcible removal policies and the impact that they have had not just on the children that were taken, but also on their families and communities. The intergenerational impact of the forcible removal policies on young Aboriginal and Torres Strait Islander citizens in the 21st Century have been profound, and the commemoration of National Sorry Day each year helps contribute towards a broader ongoing effort toward healing and social and emotional wellbeing for individuals, families and communities across the country.

The NSDC works to support and encourage schools and community groups across the country each year to plan and hold their own Sorry Day events, whilst holding events itself normally in Canberra and Sydney.

We encourage teachers from across Australia to engage their students and local community members in events that mark both the Anniversary of the Apology and National Sorry Day, in order that they can learn about the experiences of the Stolen Generations, their families and their communities. For Australia's Aboriginal and Torres Strait Islander Peoples, these dates hold deep meaning - marking these days respectfully and with sensitivity is vital to building real connections between schools and their local Aboriginal and Torres Strait Islander (as well as non-Indigenous) communities.

At the request of the National Sorry Day Committee, the Australian Parliament passed a motion in 2010 recognising May 26th as National Sorry Day, and as a day to be commemorated annually, as a way of achieving greater healing for the Stolen Generations.

Our hope is that one day soon, dates of significance with regard to the Stolen Generations - National Sorry Day and the Anniversary of the Apology specifically - will be held in as high esteem as other national days of remembrance such as ANZAC Day. This will ultimately help to achieve a broader level of recognition across Australian society of the suffering and trauma experienced by the Stolen Generations and by Aboriginal and Torres Strait Islander families and communities across the country.

www.nsdc.org.au

National Reconciliation Week

National Reconciliation Week (NRW) is celebrated across Australia each year between 27 May and 3 June. The dates commemorate two significant milestones in the reconciliation journey—the anniversaries of the successful 1967 referendum and the High Court Mabo decision.

The week is a time for all Australians to learn about our shared histories, cultures and achievements and to explore how each of us can join the national reconciliation effort.

May 27 - Marks the anniversary of Australia’s most successful referendum and a defining event in our nation’s history. The 1967 referendum saw over 90 per cent of Australians vote to give the Commonwealth the power to make laws for Aboriginal and Torres Strait Islander peoples and recognise them in the national census.

3 June, 1992 - The High Court of Australia delivered its landmark Mabo decision which legally recognised that Aboriginal and Torres Strait Islander peoples have a special relationship to the land—that existed prior to colonalisation and still exists today. This recognition paved the way for land rights called Native Title.

NAIDOC Week

NAIDOC stands for National Aborigines and Islanders Day Observance Committee. Its origins can be traced to the emergence of Aboriginal groups in the 1920′s which sought to increase awareness in the wider community of the status and treatment of Indigenous Australians.

NAIDOC Week is held in the first full week of July. It is a time to celebrate Aboriginal and Torres Strait Islander history, culture and achievements and is an opportunity to recognise the contributions that Indigenous Australians make to our country and our society.

NAIDOC Week Timeline

1920 – 1930

Before the 1920s, Aboriginal rights groups boycotted Australia Day (26 January) in protest against the status and treatment of Indigenous Australians. By the 1920s, they were increasingly aware that the broader Australian public were largely ignorant of the boycotts. If the movement were to make progress, it would need to be active.

Several organisations emerged to fill this role, particularly the Australian Aborigines Progressive Association (AAPA) in 1924 and the Australian Aborigines League (AAL) in 1932. Their efforts were largely overlooked, and due to police harassment, the AAPA abandoned their work in 1927.

In 1935, William Cooper, founder of the AAL, drafted a petition to send to King George V, asking for special Aboriginal electorates in Federal Parliament. The Australian Government believed that the petition fell outside its constitutional responsibilities.

1938

On Australia Day, 1938, protestors marched through the streets of Sydney, followed by a congress attended by over a thousand people. One of the first major civil rights gatherings in the world, it was known as the Day of Mourning.

Following the congress, a deputation led by William Cooper presented Prime Minister Joseph Lyons with a proposed national policy for Aboriginal people. This was again rejected because the Government did not hold constitutional powers in relation to Aboriginal people.

After the Day of Mourning, there was a growing feeling that it should be a regular event. In 1939 William Cooper wrote to the National Missionary Council of Australia to seek their assistance in supporting and promoting an annual event.

1940 – 1955

From 1940 until 1955, the Day of Mourning was held annually on the Sunday before Australia Day and was known as Aborigines Day. In 1955 Aborigines Day was shifted to the first Sunday in July after it was decided the day should become not simply a protest day but also a celebration of Aboriginal culture.

1956 – 1990

Major Aboriginal organisations, state and federal governments, and a number of church groups all supported the formation of, the National Aborigines Day Observance Committee (NADOC). At the same time, the second Sunday in July became a day of remembrance for Aboriginal people and their heritage.

In 1972, the Department of Aboriginal Affairs was formed, as a major outcome of the 1967 referendum.

In 1974, the NADOC committee was composed entirely of Aboriginal members for the first time. The following year, it was decided that the event should cover a week, from the first to second Sunday in July.

In 1984, NADOC asked that National Aborigines Day be made a national public holiday, to help celebrate and recognise the rich cultural history that makes Australia unique. While this has not happened, other groups have echoed the call.

1991 – Present

With a growing awareness of the distinct cultural histories of Aboriginal and Torres Strait Islander peoples, NADOC was expanded to recognise Torres Strait Islander people and culture. The committee then became known as the National Aborigines and Islanders Day Observance Committee (NAIDOC). This new name has become the title for the whole week, not just the day. Each year, a theme is chosen to reflect the important issues and events for NAIDOC Week.

During the mid-1990s, the Aboriginal and Torres Strait Islander Commission (ATSIC) took over the management of NAIDOC until ATSIC was disbanded in 2004-05.

There were interim arrangements in 2005. Since then a National NAIDOC Committee, until recently chaired by former Senator Aden Ridgeway, has made key decisions on national celebrations each year. The National NAIDOC Committee has representatives from most Australian states and territories.

Since 2008, Anne Martin and Ben Mitchell have been serving as co-chairs of the National NAIDOC Committee.

Local NAIDOC Activities

Many organisiations, community groups and individuals get involved in NAIDOC Week Activities in the Byron Shire. Currently NAIDOC Week activities include NAIDOC Week Awards, Flag Raising Ceremonies, Cultural Dancers, Family fun days and community cultural days, Indigenous Film Nights, Art Exhibitions and more. Information can be found on Council’s website or by contacting the local Aboriginal organisations listed in the front of this booklet.

About the Aboriginal and Torres Strait Islander Flags

The Aboriginal Flag

The Australian Aboriginal Flag is a flag that represents Aboriginal Australians. It is one of the official "Flags of Australia", and holds special legal and political status, but it is not the "Australian National Flag". It is often flown together with the national flag and with the Torres Strait Islander Flag, which is also an official flag of Australia.

The Australian Aboriginal Flag was designed in 1971 by Aboriginal artist Harold Thomas, who is descended from the Luritja people of Central Australia and holds intellectual property rights to the flag's design. The flag was originally designed for the land rights movement, and it became a symbol of the Aboriginal people of Australia.

The symbolic meaning of the flag colours (as stated by Mr Harold Thomas) are:

Black: Represents the Aboriginal people of Australia

Red: Represents the red earth, the red ochre and a spiritual relation to the land

Yellow: Represents the Sun, the giver of life and protector

Timeline of the Aboriginal Fag

In the early 1970s Gary Foley took the flag to the East Coast where it was promoted and eventually recognised as the official flag of the Australian Aboriginal people.

The flag was first flown at Victoria Square in Adelaide on National Aborigines Day, 12 July 1971.

The flag was chosen as the official flag for the Aboriginal Tent Embassy and was first flown there in 1972.

In 1995, the Australian Government proclaimed the flag as an official 'Flag of Australia' under section 5 of the Flags Act 1953.

In 1997, Harold Thomas was recognised as the author of the artistic work under the Copyright Act 1968.

The Torres Strait Islander Flag

The Torres Strait Islander Flag was created as a symbol of unity and identity for Torres Strait Islander peoples, designed by the late Bernard Namok from Thursday Island.

It was the winning entry from a design competition held as part of a Cultural Revival Workshop, organised by The Islands Co-ordinating Council in January 1992. The flag was recognised by the Aboriginal and Torres Strait Islander Commission in June 1992 and given equal prominence with the Aboriginal flag.

In July 1995, it was recognised by the Australian Government as an official 'Flag of Australia' under the Flags Act 1953.

Symbolic Meaning

Each part of the flag is designed to represent something about Torres Strait Island culture.

Green: Represents the land

Blue: Represents the sea

White: Represents peace

Black: Represents the Indigenous peoples

The dhari (headdress) represents Torres Strait Island people and the five pointed star represents the 5 major Island groups. The star also represents navigation, as a symbol of the seafaring culture of the Torres Strait.

The Island Co-ordinating Council also chose the design as its simplicity would allow each Torres Strait community to incorporate their own emblem into the design for local identification.

http://www.aiatsis.gov.au/fastfacts/AboriginalFlag.html

http://www.aiatsis.gov.au/fastfacts/tsiFlag.html

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 5.2 - Attachment 1

Byron Shire Council Aboriginal Heritage Planning Study

Table of Contents

Details	Page
Acknowledgements	3
Glossary	3
Background · Native Title · Local Area Land Councils · Local Environment Plan	3 3 7 8
Objectives	9
Total Area of Survey	10
Guiding Principles	10
Project Scope	12
Estimated Project Milestones and Key Dates	17
Budget	18

Byron Shire Council Aboriginal Heritage Planning Study

Scope of Work 2015

Project: Aboriginal Heritage Planning Study of the Byron Shire

Project: Aboriginal Heritage Planning Study of the Byron Shire

Acknowledgments: This document was prepared by Byron Shire Council’s Aboriginal Projects Officer with assistance from the Bundjalung of Byron Bay, Arakwal People and Tweed Byron Local Area Land Council with the inclusion of maps produced by the Native Title Tribunal, New South Wales Aboriginal Land Council and reference the Ask First: A guide to respecting Indigenous heritage places and values published by the Australian Heritage Commission (2002: 6); Aboriginal Cultural Heritage Regional Studies: an illustrative approach published by the New South Wales Government Office of Environment and Heritage; Community based heritage studies: A Guide; published by the New South Wales Government Office of Environment and Heritage.

Glossary

AHIMS – Aboriginal Heritage Information Management System

AHS – Aboriginal Heritage Survey

AHPS – Aboriginal Heritage Planning Study

Arakwal – Bundjulung of Byron Bay Arakwal People

BSC – Byron Shire Council

DIA - Department of Aboriginal Affairs

ILUA – Indigenous Land Use Agreement

LEP – Local Environment Plan

MoU – Memorandum of Understanding

TBLALC – Tweed Byron Local Aboriginal Land Council

Background

Native Title

Lorna Kelly, Linda Vidler and Yvonne Graham on behalf of the Arakwal people (the Applicants) lodged a Native Title determination application in the National Native Title Tribunal by which application they claim Native Title in and over land in and around Byron Shire.

The Applicants asserted their desire to live and work in the Byron Shire community in a way that promotes mutual respect between Aboriginal and non-Aboriginal people and harmonious community relations among those who live and work in the Byron Shire community.

The Aboriginal Heads of Agreement signed in 1998 between the Bundjalung of Byron Bay Arakwal People and Byron Shire Council, sets out a framework for ongoing consultation. The development of the Aboriginal Heads of Agreement ensured the Bundjalung of Byron Bay Arakwal People were involved in the management and protection of culturally significant places within the Byron Shire. This agreement is the first of its type between a local council and native title applicants in New South Wales.

The Bundjalung of Byron Bay Arakwal People’s Indigenous Land Use Agreements 1, 2 and 3 provided for the protection and management of Aboriginal cultural and heritage areas by the Bundjalung of Byron Bay, eg Arakwal National Park. Indigenous Land Use Agreements are instruments of the Native Title Act. The Arakwal people, as traditional owners conduct cultural, eco-tourism and educational programs thus providing an important cross-cultural exchange between Aboriginal people and non-Aboriginal people.

In 1995, the Bundjalung of Byron Bay Arakwal people lodged a Native Title Claim over areas of Crown land, beaches and coastal waters between Belongil Creek at Byron Bay and Jews Point on the north coast of NSW. The Arakwal people lodged a further claim in 1997 over additional land in the Byron Shire. In August 2001, an Indigenous Land Use Agreement (ILUA) between the Federal Government and the Bundjalung People of Byron Bay Arakwal was developed to implement part of the first and second Native Title Claims.

In 2001, a third Native Title Claim was lodged when it became apparent that evidence provided during the negotiations over the first two claims was applicable to additional areas outside the existing claims. This included lands up to Brunswick Heads to the north, Broken Head to the south, Mullumbimby and Bangalow to the west and approximately three nautical miles east of the mean high water mark. Negotiations over the third claim and outstanding portions of the first claim led to the development of two further ILUAs (Byron Bay ILUA 2 and Ti Tree Lake ILUA 3) which were signed in December 2006.

The Byron Shire Council Cultural Plan 2008 – 2013 explores the Shire’s Aboriginal and European heritage, defines its demographics and identifies its cultural assets, resources and activities. The Cultural Plan is a five year strategic document that prioritises a set of strategic actions for implementation by many stakeholders. It promotes the diversity of the Byron Shire through a shared vision for the community as a result of community consultation. The Byron Shire Council Cultural Plan 2008 – 2013 identified the need for Council to develop an aboriginal cultural heritage study.

In 2013 Bundjalung of Byron Bay Arakwal people signed an MoU with Council to define the partnership between the two organisations and ensure that the traditional owners could participate in governance in the Byron Shire. Through this process Council committed to work in partnership with the Bundjalung of Byron Bay Arakwal people to ensure preservation of cultural practices, traditional sites, significant places and expressions of cultural identity.

Fig 1: Byron Shire Native Title claimant’s boundaries

Local Area Land Councils

Local Aboriginal Land Councils (LALCs) have a degree of governance and interface with Local Councils, State and Federal Government bodies. There are three Local Aboriginal Land Councils whose boundaries overlap with the Byron Shire, being the Tweed Byron LALC situated in Tweed Heads, Jali LALC situated in Ballina, and Ngulingah LALC situated in Lismore. Local Aboriginal Land Councils have a right to be informed in the planning, protection and preservation of cultural sites and areas under the NSW Aboriginal Land Rights Act on land within their boundaries. The objectives of each Local Aboriginal Land Council are to improve, protect and foster the best interests of all Aboriginal persons within the Council's area and other persons who are members of the Council. Services include housing, legal affairs, employment, training and property acquisition and management.

· Tweed Byron Local Aboriginal Land Council

· Jali Local Aboriginal Land Council

· Ngulingah Local Aboriginal Land Council

Fig 2: Excerpt from Local Area Land Council Boundary Map 2006 http://www.alc.org.au/media/84166/lalc%20boundary%20map%202009.pdf

--- Red line Local Area Land Council Boundary

--- Blue Line Local Government Area Boundary

Local Environment Plan

The provisions in Byron Local Environmental Plan (LEP) 2014 that allow places with Aboriginal heritage significance to be listed in the LEP (and therefore have specific development controls apply to them) is based on the definition of ‘Aboriginal place of heritage significance’ in the LEP (reproduced below). For an Aboriginal heritage place to meet the definition and consequently be eligible for listing in the LEP then the place needs to be identified in an Aboriginal Heritage Study that has been publicly exhibited and adopted by Council.

Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is:

(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

Note. The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.

If a place of Aboriginal heritage significance is listed in the LEP then clause 5.10 would apply to any development application on that land. This is also the case if an Aboriginal heritage object is located on the land. This means that development consent would be required to disturb, excavate, subdivide, erect a building etc (unless it is minor works or for maintenance) on such land and that Aboriginal communities have to be notified of the application and given 28 days to comment. Depending on the works proposed site specific investigations of significance would also have to be undertaken as part of any development application.

Objectives

Principle objectives of this Aboriginal Heritage Planning Study will be to research and identify Aboriginal cultural heritage sites occurring within the Byron Shire Local Government Area for inclusion in the Byron Shire Local Environment Plan.

The project would take on a collaborative approach working closely with the Bundjalung of Byron Bay, Arakwal people, Tweed Byron Local Aboriginal Land Council, Jali Land Council, the Bundjalung Council of Elders and other Aboriginal Stakeholders.

In addition this study aims to:

· Formalise existing cultural knowledge to utilise statutory mechanisms to register sites for protection and preservation,

· Develop predictive tools to identify other potential sites,

· Educate the broader community on the Aboriginal history and occupation of the Byron Shire,

· Enhance relationships between Byron Shire Council and the Community in order to appropriately manage the Aboriginal Cultural heritage resources of the area.

· Promote the preservation of Aboriginal Cultural Heritage within Council and the broader community,

· Work collaboratively with Aboriginal Stakeholders to enable multi stakeholder management initiatives for the protection of Aboriginal sites and places,

· Directly involve the Aboriginal community in planning processes on country.

Byron Shire is located on the Far North Coast of NSW and shares its boundaries with the Tweed, Lismore and Ballina Local Government Areas (LGAs). Brisbane is approximately 200 kilometres north and Sydney approximately 800 kilometres to the south. The Shire is 556 square kilometres in size and is famed for its rural beauty and beaches. The local resident population of Byron Shire at the date of the 2011 Census was 29,209.

Total Area of the Survey

Aboriginal cultural heritage protection and preservation aims to enable and enhance relationships between Aboriginal people and their heritage places.

This study will adopt the principles contained in the Ask First: A guide to respecting Indigenous heritage places and values published by the Australian Heritage Commission (2002: 6) . It states;

In recognising the rights and interests of Indigenous peoples in their heritage, all parties concerned with identifying, conserving and managing this heritage should acknowledge, accept and act on the

principles that Indigenous people:

• are the primary source of information on the value of their heritage and how this is best conserved;

• must have an active role in any Indigenous heritage planning process;

• must have input into primary decision-making in relation to Indigenous heritage so they can continue to fulfill their obligations towards this heritage; and

• must control intellectual property and other information relating specifically to their heritage, as this may be an integral aspect of its heritage value.

In identifying and managing this heritage:

• uncertainty about Indigenous heritage values at a place should not be used to justify activities that might damage or desecrate this heritage;

• all parties having relevant interests should be consulted on Indigenous heritage matters; and

• the process and outcomes of Indigenous heritage planning must abide by customary law, relevant Commonwealth and State/Territory laws, relevant International treaties and covenants and any other legally binding agreements.

Adhering to cultural restrictions on information about an Indigenous heritage place is essential to maintaining its heritage value.

Byron Shire Council recognise that Aboriginal people are the experts on Aboriginal Cultural Heritage. For this Aboriginal Heritage Planning Study BSC would establish a steering committee of representatives from the Arakwal people, Tweed Byron Local Aboriginal Land Council, Jali Land Council and Ngulingah Land Council and other stakeholders to participate in the direction and decision making on the project including:

· tendering process

· appointing consultants

· priority areas

· intellectual property

· culturally appropriate information sharing

· and other matters as they arise.

Project Scope

Project Manager:

Belle Arnold, Aboriginal Projects Officer

Key Staff:

Director Corporate and Community Services

Manager Community Services

Manager Development Assessment and Certification

Manager Land and Natural Environment

Aboriginal Projects Officer

Project partners:

Bundjalung of Byron Bay Arakwal People

Tweed Byron Local Aboriginal Land Council

Stakeholders:

Bundjalung of Byron Bay Arakwal People

Tweed Byron Local Aboriginal Land Council

Jali Land Council

Ngulingah Local Aboriginal Land Council

Bundjalung Elders Council

Minjungbal Museum

Resources:

Bundjalung of Byron Bay Arakwal People

Tweed Byron Local Aboriginal Land Council

Jali Land Council

Ngulingah Local Aboriginal Land Council

Bundjalung Elders Council

Minjungbal Museum

Richmond Tweed Regional Library

Brunswick Valley Histroical Society

AHIMS

Australian Institute of Aboriginal and Torres Strait Islander Studies

National Library

State Library of NSW

NSW Department of Environment and Heritage

National Parks and Wildlife Service

Southern Cross University

Cavanbah Reconciliation Group

Bundjalung Cultural mapping Project

Variables:

Change in Key Staff within Council

Change in Key Staff at partner or stakeholder organisations

Weather Incidents during Site Survey period

Definitions:

For the purpose of this Study Aboriginal Cultural Heritage Places and Values are categorised as follows

- Precontact (pre- 1788) places

- Historical Places (post 1788)

- Social and Spiritual places

- Wild resource use places

Tasks:

Literature Review – Byron Shire Council Project

Extensive research of existing archival documentation, a review of statutory and non statutory registers and listings, and a consideration of local histories (including oral history sources) and available pictorial sources concerning the use of the local landscape by Aboriginal people in the distant and more recent past.

· Prepare a report containing a summary of the key findings

Oral Histories and consultation – Byron Shire Council Project

Work closely with project partners and key stakeholders to undertake research into comprehensive oral history.

Sites Survey - Consultants

Ethnographic/anthropological and archaeological survey identifying and documenting sites by undertaking ground surveys, preparing maps showing the location of the sites and make recommendations regarding the management of the sites. Photographs of sites to be included.

Predictive research to identify potential unknown sites - Consultants

Relocate previously recorded Aboriginal Cultural Heritage Sites and investigate possible sites and areas of potential Aboriginal cultural heritage sensitivity. Predictive Aboriginal Cultural Heritage management involves a thorough understanding of the environmental, historical and archaeological context of the area as this information is key to understanding the nature of the Aboriginal use of the area and the likelihood that physical traces.

This considers aspects such as:

The distribution and availability of resources (including drinking water, plant and animal foods, raw materials of stone used for artefact manufacture, and wood and vegetable fibres used for other tool production and maintenance needs) are all influenced by the nature of soils, the composition of vegetation cover, and other climactic characteristics including temperature and rainfall.

The location of different site-types (such as middens, axe grinding grooves and engravings etc) are also influenced by the above factors, along with a range of other associated features which are specific to different land-systems and bedrock geologies (e.g. rock engravings and rock shelters only occur where there are suitable sandstone outcrops).

Sites Registration

Coordination and documentation of registrations to be lodged under the Aboriginal Heritage Act 1972 (AHA) and NSW Department of Environment and Heritage. Collating all information required for the purpose of reporting any unregistered sites to the Department of Environment and Heritage for the AHIMS register

Aboriginal Cultural Heritage Management System - Consultants

Recommendations to Council on how to manage Aboriginal Cultural Heritage in the Byron Shire.

Provide a detailed Aboriginal Cultural Heritage Planning Report to Council containing detailed findings on all tasks.

Deliverables:

Detailed Aboriginal Cultural Heritage Planning Report including maps of charted sites and photographs, outlining findings, methodology and consultation.

Registration of unknown sites where applicable.

Aboriginal Cultural Heritage Management System report.

Administration:

Develop Expression of Interest

Coordinate tender process

Manage Consultants

Coordinate Aboriginal Reference Group as Steering committee meetings and communications,

Reporting – consultants, steering groups, to Council, community and NSW Environment and Heritage

Relevant permits

Inclusions:

Literature Review, photo archive review, Search sites registers, consideration of local histories (including oral history sources), Ethnographic/anthropological and archaeological survey, Predictive research to identify potential unknown sites, Coordinate detailed Aboriginal heritage field surveys, Cultural Heritage Management System, Progress reporting and final report, legitimate stakeholders.

Exclusions:

Culturally inappropriate information handling and sharing

Non Aboriginal Cultural Heritage (unless relevant).

Key Risks:

Conflict between stakeholders

A lack of willingness to share cultural knowledge around sacred sites

Lack of historical documents

Death or illness of significant culture holders.

Assumptions:

Consultant to be engaged through tender process to conduct the Aboriginal heritage planning study on behalf of Council.

Sites identified to be exhibited for inclusion in the Council’s LEP.

Intellectual Property on cultural information to be respected.

The findings of this study will be used to protect and preserve Aboriginal Cultural Heritage sites.

Stakeholders rights under the Native Title Act and Land Rights Act to be respected

Constraints:

Budget

Relationships with local Aboriginal Community

Historical Records

Confidential information

Cultural protocols on information sharing

Access to sites of private property

Management of expectations

Intellectual Property:

Develop a Memorandum of Understanding between project partners and key stakeholders clarifying ownership of intellectual property.

Estimated Project Milestones and Key Dates	Date
Grant Application Due	16 January 2015
Announcements	01 July 2015
Project Initiation · Form Aboriginal Steering Committee · Commence Literature Review	26 July 2015
Steering Committee Meeting - · EOI for Consultants · MoU Intellectual Property · Literature Review · Local Oral Histories Project	10 August 2015
Advertise for EOI for Consultants	Mid September 2015
Oral Histories Project	September – 8 weeks 2015
Steering Committee to select Consultant	Mid October 2015
Appoint Consultant	End October 2015
Steering Committee Meeting · Introduce Consultants to Stakeholders · Oral Histories Project Update Report and Review	Mid November 2015
Steering Committee Meeting · Sites Surveys Review · Predictive Sites · Oral Histories Project Update Report and Review	3 Feb 2016
Steering Committee Meeting · Sites Surveys Review · Predictive Sites · Aboriginal Heritage Management Strategy	April 2016
Sites Registered with NSW Environment and Heritage	May 2016
Final Report from Consultant	June 2016
Acquittal Report	30 June 2016
Report to Council and Project Partners	August 2016
Public Exhibition of Sites Indicative Areas	August 2016
Inclusion of Aboriginal Sites in the LEP	November 2016

Budget
Details	Amount	Funding Source
Project Coordination	10 000	BSC
Administration	5 000	BSC
Steering Committee Management	8 000	BSC
Literature Review	8 000	BSC
Oral Histories Project	10 000	BSC
Consultants Fees · Sites Survey · Predictive Sites Research · Aboriginal Heritage Management Strategy · Sites Registration · Final Report	50 000	Department of NSW Environment and Heritage
Integration of Aboriginal Heritage Planning Study into LEP	5000	BSC
Total	96 000

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 5.3 - Attachment 2

What is a Reconciliation Action Plan (RAP)?

Through the Reconciliation Action Plan (RAP) program, organisations develop business plans that document what they will do within their sphere of influence to contribute to reconciliation in Australia. These Reconciliation Action Plans (RAPs) outline practical actions the organisation will take to build strong relationships and enhanced respect between Aboriginal and Torres Strait Islander peoples and other Australians. A RAP also sets out the organisation’s aspirational plans to drive greater equality by pursuing sustainable opportunities.

Determining the right type of RAP for your organisation

All organisations seeking endorsement of a Reconciliation Action Plan are asked to commit to one of four types of RAPs that best suit their organisation.

· Reflect RAP

· Innovate RAP

· Stretch RAP

· Elevate RAP

Reflect RAP

The Reflect RAP allows organisations to take time to build relationships externally and internally to inform and guide future RAP commitments. During this time organisations focus on raising awareness within their organisation about its commitment to reconciliation and why the organisation has decided to join the program; as well as building relationships with their Aboriginal and Torres Strait Islander employees and community.

Developing a Reflect RAP is appropriate for your organisation if you are new to reconciliation and Aboriginal and Torres Strait Islander affairs, but believe that your organisation has the goodwill required to make a contribution. A Reflect RAP will allow you time and provide you with greater direction to really understand what this contribution should be. In committing to a Reflect RAP, your organisation will work towards achieving a pre-determined set of generic actions rather than actions which are specific to your organisation.

Innovate RAP

The Innovate RAP involves organisations working with their Aboriginal and Torres Strait Islander stakeholders to test and trial approaches that build relationships, show respect and improve opportunities. As the name suggests organisations are encouraged to develop innovative actions, rather than focusing on meeting aspirational or stretch targets. This enables your organisation to continue to build the right foundations for long-term outcomes.

This plan is for:

· Smaller organisations, especially community organisations, which generally have greater touch points with the community. This allows them to understand community needs and aspirations. An Innovate RAP allows these organisations to focus on trying new approaches for the benefit of the RAP community.

· Larger organisations that are still developing their understanding of where they should invest their resources to attain the best possible return on their investment. These organisations will look to develop a Stretch RAP in the future.

Developing an Innovate RAP is appropriate for your organisation if the foundations have been laid for your organisation to achieve its RAP commitments: i.e. everyone within the organisation is aware of the commitment made to reconciliation; the relevant departments are engaged; the organisation can draw on internal and external relationships to develop appropriate actions and you are able to commit to having a working group that includes Aboriginal and Torres Strait Islander representation.

Stretch RAP

This type of RAP involves organisations setting measurable outcome targets for their activities e.g. recruitment, retention and promotion targets within employment strategies. This type of RAP is all about investing in expanding and embedding actions that have been tested and proven.

This plan is for:

· Organisations that want to focus their attention on some key areas that they know they can make an impact in. By setting public targets, this shows the organisation has a strong commitment to reconciliation and are working towards embedding initiatives into business strategies to become ‘business as usual’.

Developing a Stretch RAP is appropriate for your organisation if you have tested and proven strategies, programs and initiatives that you want to continue to invest in and are willing set clear and measureable outcome targets to expand the impact and reach.

Elevate RAP

This type of RAP is for organisations that have a Stretch RAP in place and are considered leaders in taking action towards reconciliation. These organisations have accumulated knowledge and experience that can assist Reconciliation Australia and other organisations to further the objectives of reconciliation. This plan will expect organisations to have proven results.

These organisations, in addition to the actions in their Stretch RAP, will work with Reconciliation Australia to also include actions that will help achieve reconciliation on a national level. This may include committing to:

· Engaging employees throughout their organisation.

· Supporting the RAP community through the sharing of learning, experience and resources by presenting at Reconciliation Australia facilitated events (e.g. Learning Circles, RAP Development Training Workshops).

· Contributing to a tri-sector reconciliation leadership network on specific national issues.

· Conducting Reconciliation Australia’s reconciliation barometer amongst their staff to compare the attitudes of their employees to reconciliation with the general Australian population .

· Supporting Reconciliation Australia with achieving its broader societal change outcomes through assistance where appropriate.

Organisations committing to this type of RAP will need to show their proven results through:

· Limited Assurance assessments of their RAP actions by an independent organisation, or

· Research or studies on the impact and outcomes of their RAP.

Tips to developing an effective RAP

Don’t be vague

A RAP is a strategic plan that allows your organisation to improve relationships, show respect and increase opportunities. As with any business plan, it should include defined timelines and targets, and each action should be assigned to the person or position responsible for the outcomes. Your organisation’s RAP will have the best chance of success if each action, timeline, responsibility and deliverable is as specific as possible.

Don’t over promise

It is vitally important to keep the RAP achievable and realistic—especially in the initial stages. This is important so that your organisation can spend the time to do things right rather than rushing through a large number of actions that may turn out to be more difficult to achieve than originally envisaged. It is also important to build positive momentum by celebrating milestones in your RAP—such as launching the RAP, participating in National Reconciliation Week and completing an annual RAP report. It is hard to maintain that momentum if the RAP is long and complicated, or if your organisation fails to achieve many of the actions set.

Don’t go it alone

One of the benefits of joining the RAP community is the opportunity to work collaboratively with like-minded organisations, and to learn from the existing body of knowledge about what works in reconciliation. Many great initiatives around the country are helping to build relationships and respect, and to improve opportunities. Occasionally, RAP organisations work together closely on specific programs or strategies, or to hold special events, and Reconciliation Australia is always pleased to help facilitate these partnerships.

On a practical level, seeking feedback on your RAP at an early stage of drafting ensures that your plan is consistent with the program’s requirements, and includes all the minimum actions for endorsement.

Engaging your organisation

top

Good relationships + mutual respect = sustainable opportunities. This is the basis for the RAP program so regardless of what type of RAP your organisation chooses to develop, it is essential that building relationships is at the core of your plan.

At every stage of your RAP program, consider how your RAP will support you to engage with your Aboriginal and Torres Strait Islander and non-Indigenous stakeholders, including employees, suppliers, community organisations and leaders.

Engaging your RAP working group

A RAP working group is the driving force of every successful RAP. The working group is responsible for setting up your organisation’s first RAP, and for ensuring its longevity and employee buy-in by establishing appropriate support and governance systems. An active and engaged working group also means that the responsibility for establishing, implementing and maintaining your RAP doesn’t sit on the shoulders of one staff member.

Your RAP working group should comprise a manageable number of representatives from each part of your organisation. It must include Aboriginal and Torres Strait Islander staff members (or external stakeholders where this is not possible) and other employees from across the organisation. This is an essential requirement of the RAP program, as it supports genuine opportunities for relationship-building, enables Aboriginal and Torres Strait Islander–led solutions, and models the process of reconciliation at an organisational level. You may also invite any relevant external clients, stakeholders, customers and community members to join your organisation’s RAP working group.

At the basic level, a working group must include:

· Aboriginal and Torres Strait Islander employee/s and other staff representatives.

· A range of staff from the different parts (businesses and/or divisions) of your organisation that will be involved in, and take responsibility for, delivering RAP actions.

· Executive support in the form of a Chair or RAP Champion.

Other highly valuable contributions to your working group could include:

o Input from external Aboriginal and Torres Strait Islander stakeholders. Some organisations appoint an advisory panel of Aboriginal and Torres Strait Islander community representatives, and other representatives. This advisory group can operate independently of the working group.

o RAP ‘ambassadors’ in state or regional offices, or other locations according to your organisation’s needs.

http://www.reconciliation.org.au/raphub/program/getting-started/#Tipsto-developing-an-effective-RAP

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 5.4 - Attachment 1

Implementation Plan – Caring for Country Working Definition

1.0 Caring for Country working definition

Priority Action	Strategic Actions	Not commenced	Underway	Complete	Ongoing
1.1 The development of a working definition of Caring for Country for application over all divisions of Council (4.2.1 in the MoU).	i. Convene workshop to discuss the working definition for Caring for Country. Invite Arakwal, NPWS staff, Manager Sustainable Communities, Executive Manager Environment and Planning, Councillors).
	ii. IPO to document outcomes of workshop and compile report. Present report to AMoUAC including request to finalise definition.
	iii. Present report to Council for adoption of definition.
1.2 Council to use available policy frameworks and regulatory mechanisms to support Arakwal to protect and Care for Country (4.2.1 in the MoU).	i. IPO to identify relevant policies that present opportunities for the integration of Caring for Country in future policy review, paying particular attention to environmental policies. Prepare report for ET.
	ii. IPO to notify division Managers with responsibility for the review of these policies.
	iii. Present report to AMoUAC and then Council.

Implementation Plan – Consultation Processes for Development Applications on Public Lands

2.0 Consultation processes for development applications and other matters in regards to land management of public lands

Priority Action	Strategic Actions	Not commenced	Underway	Complete	Ongoing
2.1 Development of clear processes in regard to consultation and engagement with Arakwal on development applications and other planning mechanisms in lands within the Byron Shire. Development of frameworks for ongoing consultation process (2.2.2 in the MoU).	i. IPO to document existing internal processes based on discussions with Manager Sustainable Communities, Executive Manager Environment and Planning, Manager Development Assessment and Certification, General Manager Arakwal Corporation.
	ii. IPO to prepare document outlining current processes and procedures.
	iii. IPO to prepare report to ET regarding the need for a Cultural Heritage Study.
	iv. Convene workshop with Arakwal, Manager Sustainable Communities, Executive Manager Environment and Planning, Manager Development Assessment and Certification to discuss a framework for consultations and engagement with Arakwal.
	v. IPO to document outcomes of the workshop and prepare reports for consideration by AMoUAC and Executive Team.
	i. Present report to AMoUAC, Executive Team and then Council.

Implementation Plan – Indigenous Employment Strategies

3.0 Indigenous Employment Strategies

Priority Action	Strategic Actions	Not commenced	Underway	Complete	Ongoing
3.1 Develop an Employment Strategy (3.2.1 in the MoU).	i. Convene workshop with Arakwal, Manager Sustainable Communities, Executive Manager Organisational Support. ii. IPO to document outcomes of the workshop Purpose: to establish shared framework and targets for the strategy and to share expertise on the issue.
	iii. Engage OS Manager to advise on an Employment Strategy framework and costing.
	iv. IPO to prepare reports for ET and AMoUAC
3.2 Implement an Indigenous Employment Strategy (3.2.1 in the MoU).	i. Present Indigenous Employment Strategy to Executive Team then Council
	ii. Support HR staff, primarily Executive Manager Organisational Support, to implement strategy
	iii. Integrate Indigenous Employment Strategy into Workforce plan (on first review)

Implementation Plan – Cultural Awareness Training

4.0 Cultural Awareness Training

Priority Action	Strategic Actions	Not commenced	Underway	Complete	Ongoing
4.1 Implement cultural awareness induction for all staff and Councillors through Arakwal’s website, with specifically tailored training packages for relevant staff to include Native Title and other relevant land management issues (4.2.4 in the MoU).	i. Identify relevant material on the Arakwal website for consideration to include in induction programs.
	ii. IPO in collaboration with Executive Manager Organisational Support (or delegate) and Arakwal to develop induction material and training packages for relevant staff regarding Cultural Awareness that includes information on native title.
	iii. IPO to prepare report for Consultative Committee.
	iv. HR to adjust checklist for managers to implement Cultural Awareness induction sheet.
	v. IPO to prepare and schedule information sessions for all managers and supervisors regarding implementation of Cultural Awareness induction sheets.
	vi. IPO to liaise with HR staff regarding the retrospective role-out of Cultural Awareness induction to existing staff
	vii. IPO to liaise with Managers of outdoor staff and organize a series of Cultural Awareness information sessions to capture all outdoor staff.
	viii. Arakwal to advise on whether a Dolphin Dreaming (or similar) Cultural Awareness package can be delivered to Council staff and Councillors annually or bi-annually.
	ix. Ensure funding is available to allow annual or bi-annual Cultural Awareness training (Dolphin Dreaming or such) attendance by staff.
	x. Insert link to Arakwal website on Council website.
	xi. Engage Arakwal in providing info for staff newsletter.

Implementation Plan – Native Title

5.0 Native Title

Priority Action	Strategic Actions	Not commenced	Underway	Complete	Ongoing
5.1 Council consider the ongoing responsibilities and potential impacts of ongoing Native Title processes.	i. Confirm Council as party to the Byron Bay Bundjalung People 3 Native Title Determination Application (NSD6020/01).
	ii. IPO to research the Council’s roles and responsibilities as party to the Byron Bay Bundjalung People 3 Native Title Determination Application (NSD6020/01)
	iii. That a presentation be held, as part of a Strategic Planning Workshop in 2013, with Councillors, Council staff, a member from the Arakwal MoU Advisory Committee and Native Title Services Corporation (NTSCorp) staff to raise awareness on Native Title in Byron Shire.
	iv. Integrate information on native title into Cultural Awareness package at 4.1.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 5.4 - Attachment 2

Contents

1.0 Introduction.. 2

2.0 Background – A Recent History. 2

2.1 .. Aboriginal Heads of Agreement 1998. 2

2.2 .. Review of the Aboriginal Heads of Agreement 1998. 2

2.3 .. Statement of Commitment 2

2.4... Formation of Arakwal Memorandum of Understanding Advisory Committee. 3

2.5... Memorandum of Understanding. 3

3.0 Implementation of Priority Projects. 4

3.1 .. Intent / Purpose. 4

3.2 .. Key Priorities. 4

3.3 . Priority Projects. 5

3.4 .. Implementation.. 5

3.4.1 . Participation in Governance.................................... .................................... 5

3.4.2 . Cultural and Economic Development.................... .................... 5

3.4.3 . Caring for Country... 6

3.4.4 . Native Title.... 6

Implementation Plan – Caring for Country Working Definition.. 7

Implementation Plan – Consultation Processes for Development Applications on
Public Lands. 8

Implementation Plan – Indigenous Employment Strategies. 9

Implementation Plan – Cultural Awareness Training. 10

Implementation Plan – Native Title. 12

1.0 Introduction

This Implementation Plan augments the Memorandum of Understanding (MoU) between Byron Shire Council and the Bundjalung of Byron Bay Arakwal People. The Memorandum of Understanding was developed by the Arakwal Memorandum of Understanding Advisory Committee between 2012 and 2013 and was signed on 8 July 2013 by representatives of the Byron Shire Council and the Bundjalung of Byron Bay Arakwal Corporation. The Implementation Plan has been developed to ensure the delivery of 5 priority projects from the Memorandum of Understanding for the year 2013/14.

The Bundjalung of Byron Bay Arakwal People are recognised as traditional owners within the Byron Shire boundaries and are an important stakeholder group. The Arakwal have land management rights and must be consulted on developments within their lands. This includes the right to be consulted in Council’s decision making processes on matters affecting their community. Council’s effective partnership with the Bundjalung of Byron Bay Arakwal People has many potential benefits for both the Indigenous and non Indigenous communities. The Memorandum of Understanding presents a systematic approach to meeting any obligations under the Native Title Act including land management rights.

2.0 Background – A Recent History

This section presents the context for the Implementation Plan by outlining the development of the Memorandum of Understanding including the identification of priority areas to be actioned in 2013/14.

2.1 Aboriginal Heads of Agreement 1998

The Aboriginal Heads of Agreement (HoA) signed in 1998 between the Bundjalung of Byron Bay Arakwal People and Byron Shire Council, set out a framework for ongoing consultation. The development of the Aboriginal Heads of Agreement ensured the Bundjalung of Byron Bay, Arakwal People were involved in the management and protection of culturally significant places within the Shire. This agreement was the first of its type between a local council and native title applicants in New South Wales.

2.2 Review of the Aboriginal Heads of Agreement 1998

The 1998 Aboriginal Heads of Agreement contained priority projects identified by the Bundjalung of Byron Bay Arakwal People and Council. This agreement was based on the Bundjalung of Byron Bay Arakwal People’s first Native Title Claim and Indigenous Land Use Agreement 1 (ILUA). In 2011 / 12 a review process was undertaken to finalise the outcomes from the Heads of Agreement and to make way for the development of a Memorandum of Understanding which would contain any of the still relevant actions from the HoA. The review identified that many of the projects were not actioned and could roll over. The review process also illustrated that the Heads of Agreement was not updated to reflect the subsequent ILUAs 2 and 3 and as a result Council’s response was not a coordinated and corporate process.

2.3 Statement of Commitment

In May 2012, Byron Shire Council’s Mayor and General Manager signed the ‘Aboriginal Statement of Commitment to the Bundjalung of Byron Bay – Arakwal People’. This document established the principles of the partnership between Byron Shire Council and the Bundjalung of Byron Bay Arakwal People. It states:

Byron Shire Council supports and advocates the cultural and economic advancement of the Bundjalung of Byron Bay Aboriginal - Arakwal People and will cooperate to ensure the preservation of cultural practices, traditional sites and significant places. Council supports expressions of cultural identity.

Byron Shire Council and the Bundjalung of Byron Bay Aboriginal - Arakwal People believe in a future characterised by social justice and community. Together, we seek to build a society free of racism and prejudice where Aboriginal people feel a strong sense of belonging and are able to participate fully in the life of the community.

Byron Shire Council recognises the significant commitment by the Bundjalung of Byron Bay Aboriginal - Arakwal People to caring for country and maintains a partnership to consult and cooperate in achieving ecologically sustainable conservation.

Byron Shire Council will engage in an active partnership with the Bundjalung of Byron Bay Aboriginal - Arakwal People to develop programs and services which meet the needs of our community.

2.4 Formation of Arakwal Memorandum of Understanding Advisory Committee

The Aboriginal Heads of Agreement Project Reference Group (PRG) was responsible for monitoring the 1998 Heads of Agreement. The PRG’s objectives were to review the 1998 Agreement and on to develop terms for a proposed Memorandum of Understanding.

On 3 November 2011 Council resolved (11-891):

to conduct the ongoing relationship with the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) as a Committee, not a Project Reference Group (PRG), with terms of reference to oversee the implementation of a new Memorandum of Understanding (MoU).

2.5 Memorandum of Understanding

Council staff and Arakwal representatives, through the Arakwal Memorandum of Understanding Advisory Committee, finalised the development of Memorandum of Understanding in April 2013. Council resolved (13-230) at the Ordinary Meeting on 9 May 2013 that Council adopt:

Committee Recommendation AMoU 4.1.1

1. That the Arakwal Memorandum of Understanding Advisory Committee recommend to Council the adoption of the revised Memorandum of Understanding (#E2013/25031).

2. That the Arakwal Memorandum of Understanding Advisory Committee recommend to Council that the Memorandum of Understanding be formally signed off by Council during NAIDOC Week 2013.

3. That the Arakwal Memorandum of Understanding Advisory Committee nominates the priority projects to be delivered from the Memorandum of Understanding and commences work on the Implementation Plan for these projects for the next twelve month period. These priority projects include:

3.1 That Council hold a workshop with Arakwal and other relevant stakeholders to develop a working definition of Caring for Country applicable to all areas of Council.

3.2 Participation in Governance - 2.2.2 Consultation processes for development applications and other matters in regards to land management of public lands. Development of clear processes in regard to Arakwal engagement in development applications and other planning mechanisms on Arakwal lands in the Byron Shire.

3.3 Cultural and Economic Development – 3.2.1 Indigenous Employment Strategies. Council to develop and implement an Indigenous Employment Strategy.

3.4 Caring for Country – 4.2.4 Cultural Awareness Training. Cultural Awareness Training. Cultural Awareness induction for all staff and Councillors through Arakwal website and specifically tailored training packages for relevant staff to include Native Title and other relevant land management issues.

3.5 Native Title. That Council consider the ongoing responsibilities and potential impacts of Native Title processes including, confirming Council as a party to the determination application and Council’s role as a party to the Native Title Determination Application NSD6020/01 Byron Bay Bundjalung People 3 (NC01/8).

The Memorandum of Understanding was signed by the Byron Shire Council Mayor and General Manager and the Bundjalung of Byron Bay Corporation (Arakwal) CEO and Vice Chairperson during NAIDOC Week on 8 July 2013.

3.0 Implementation of Priority Projects

3.1 Intent / Purpose

Discussions during the development of the Arakwal MoU have considered Council’s business, Bundjalung of Byron Bay Arakwal business and how we do business together. Through this process we aim to identify the best way for the two organisations to work together for mutual benefit and the benefit of the wider community.

The purpose of this Implementation Plan is to establish a clear process and timetable for the delivery of priority projects. It outlines a process with which to ensure the projects are planned in a timely and relevant manner to ensure that outcomes are achieved.

3.2 Key Priorities

Council staff and Arakwal representatives, through the Arakwal Memorandum of Understanding Advisory Committee, identified five key priorities to structure the Memorandum of Understanding. Within this framework, each one of the core priorities has guiding principles and specific projects to be implemented. The key priorities are:

1. Culture and Heritage

2. Participation in Governance

3. Cultural and Economic Development

4. Caring for Country

5. Social Justice and Community Development

3.3 Priority Projects

The priority projects are:

1. Caring for Country definition. Council to hold a workshop with Arakwal and other relevant stakeholders to develop a working definition of Caring for Country applicable to all areas of Council.

2. Consultation processes for development applications and other matters in regards to land management of public lands. Development of clear processes in regard to Arakwal engagement in development applications and other planning mechanisms on Arakwal lands in the Byron Shire.

3. Indigenous Employment Strategy. Council to develop and implement an Indigenous Employment Strategy.

4. Cultural Awareness Training. Council to implement Cultural Awareness induction for all staff and Councillors through Arakwal website and specifically tailored training packages for relevant staff to include Native Title and other relevant Land Management issues.

5. Native Title. Council to consider the ongoing responsibilities and potential impacts of Native Title processes including, confirming Council as a party to the determination application and Council’s role as a party to the Native Title Determination Application NSD6020/01 Byron Bay Bundjalung People 3 (NC01/8).

3.4 Implementation

3.4.1 Participation in Governance

The MoU framework prioritises participation in governance, specifically Council decision making, by Bundjalung of Byron Bay Arakwal People. This participation is to be guided by the principles of: representation and self determination, consultation, responsiveness and inclusion. A project for implementation in 2013/14 is the development of clear consultation processes (and frameworks) for development applications and other matters in regards to public lands (2.2.2 in the MoU).

3.4.2 Cultural and Economic Development

The MoU framework prioritises cultural and economic development for the Bundjalung of Byron Bay Arakwal People supported by the Byron Shire Council. A project for actioning in 2013/14 is the development and implementation of an Indigenous Employment Strategy at the Council (3.2.1 in the MoU).

3.4.3 Caring for Country

The notion of Caring for Country is integral to the lives of the Bundjalung of Byron Bay Arakwal People. Understanding this will assist Byron Shire Council staff in developing a successful partnership with the traditional owners of the land, the Bundjalung of Byron Bay, Arakwal People. Caring for Country has been recognised as a foundational principle supporting the partnership between the National Parks Service of NSW and Bundjalung of Byron Bay, Arakwal People in the co-management of Arakwal National Park. This model can be applied and adapted to the relationship between the Bundjalung of Byron Bay Arakwal People and the Byron Shire Council.

The MoU has identified projects that include all divisions of Council, it is essential for Council staff to understand the importance and the meaning of Caring for Country. A working definition of Caring for Country must be developed so that it can become a reference point for Council staff in their work with any Arakwal people, projects or country.

Caring for Country forms one of the 5 key priorities that structure the MoU. Two projects within this priority area have been identified for implementation in 2013/14:

· The development of a working definition of Caring for Country (4.2.1 in the MoU)

· Cultural awareness training (4.2.4 in the MoU).

3.4.4 Native Title

The MoU recognises the status of the Bundjalung of Byron Bay Arakwal people as traditional owners as established through the Native Act and processes. The MoU includes a map of the Bundjalung of Byron Bay, Arakwal People’s Native Title Claims and a description of the boundary area. This provides a clear reference for the area of land affected by the Native Title Claim. Native Title is not listed as one of the 5 key priority areas in the MoU. However Native Title provides the legal framework for the relationship between the Arakwal and the Council and underpins the entire MoU. A project for actioning in 2013/14 is the consideration by Council of its ongoing responsibilities and the potential impacts in regards to Native Title processes.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 5.4 - Attachment 2

Implementation Plan – Caring for Country Working Definition

1.0 Caring for Country working definition

Priority Action	Strategic Actions	Responsible Party	Measurable Outcomes	Priority/ Timeframe
1.1 The development of a working definition of Caring for Country for application over all divisions of Council (4.2.1 in the MoU).	i. Convene workshop to discuss the working definition for Caring for Country. Invite Arakwal, NPWS staff, Manager Sustainable Communities, Executive Manager Environment and Planning, Councillors).	Society and Culture (IPO) Arakwal Corporation Environment and Planning	Workshop complete	September 2014
	ii. IPO to document outcomes of workshop and compile report. Present report to AMoUAC including request to finalise definition.	Society and Culture (IPO)	Report to AMoUAC	September 2014
	iii. Present report to Council for adoption of definition.	Society and Culture (IPO)	Report to AMoUAC	September 2014
1.2 Council to use available policy frameworks and regulatory mechanisms to support Arakwal to protect and Care for Country (4.2.1 in the MoU).	i. IPO to identify relevant policies that present opportunities for the integration of Caring for Country in future policy review, paying particular attention to environmental policies. Prepare report for ET seeking advice.	Society and Culture (IPO)	Report to Executive Team	September 2014
	ii. IPO to notify division Managers with responsibility for the review of these policies.	Society and Culture (IPO)	Emails to relevant Managers	September 2014
	iii. Present report to AMoUAC and then Council.	Society and Culture (IPO)	Reports to AMoUAC and Council	September 2014

Implementation Plan – Consultation Processes for Development Applications on Public Lands

2.0 Consultation processes for development applications and other matters in regards to land management of public lands

Priority Action	Strategic Actions	Responsible Party	Measurable Outcomes	Priority/ Timeframe
2.1 Development of clear processes in regard to consultation and engagement with Arakwal on development applications and other planning mechanisms in lands within the Byron Shire. Development of frameworks for ongoing consultation process (2.2.2 in the MoU).	i. IPO to document existing internal processes based on discussions with Manager Sustainable Communities, Executive Manager Environment and Planning, Manager Development Assessment and Certification, General Manager Arakwal Corporation.	Society and Culture (IPO)	Notes	September 2014
	ii. IPO to prepare document outlining current processes and procedures.	Society and Culture (IPO)	Document	September 2014
	iii. IPO to prepare report to ET regarding the need for a Cultural Heritage Study.	Society and Culture (IPO)	Report to Executive Team	September 2014
	iv. Convene workshop with Arakwal, Manager Sustainable Communities, Executive Manager Environment and Planning, Manager Development Assessment and Certification to discuss a framework for consultations and engagement with Arakwal.	Society and Culture (IPO) Environment and Planning Arakwal Corporation	Minutes/report from workshop	September 2014
	v. IPO to document outcomes of the workshop and prepare report for consideration by AMoUAC and Executive Team.	Society and Culture (IPO)	Report for AMoUAC and ET	September 2014
	i. Present report to AMoUAC, Executive Team and then Council.	Society and Culture (IPO)	Reports to AMoUAC, Executive Team, Council	September 2014

Implementation Plan – Indigenous Employment Strategies

3.0 Indigenous Employment Strategies

Priority Action	Strategic Actions	Responsible Party	Measurable Outcomes	Priority/ Timeframe
3.1 Develop an Employment Strategy (3.2.1 in the MoU).	i. Convene workshop with Arakwal, Manager Sustainable Communities, Executive Manager Organisational Support. ii. IPO to document outcomes of the workshop Purpose: to establish shared framework and targets for the strategy and to share expertise on the issue.	Society and Culture (IPO) Arakwal Corporation Organisational Support (HR)	Minutes/report from workshop	Nov-Dec 2013 further meetings if necessary.
	iii. Engage OS Manager to advise on an Employment Strategy framework and costing.	Society and Culture (IPO) Organisational Support (HR)		Draft July 2014
	iv. IPO to prepare reports for ET and AMoUAC	Society and Culture (IPO) / Organisational Support (HR)	Report to ET and AMoUAC	September 2014
3.2 Implement an Indigenous Employment Strategy (3.2.1 in the MoU).	i. Present Indigenous Employment Strategy to Executive Team then Council	Society and Culture (IPO)	Reports ET, Council	October 2014
	ii. Support HR staff, primarily Executive Manager Organisational Support, to implement strategy.	Organisational Support (HR)	Report to AMoUAC	September 2014 onwards
	iii. Integrate Indigenous Employment Strategy into Workforce plan (on first review)	Organisational Support (HR)		October 2014

Implementation Plan – Cultural Awareness Training

4.0 Cultural Awareness Training

Priority Action	Strategic Actions	Responsible Party	Measurable Outcomes	Priority/ Timeframe
4.1 Implement cultural awareness induction for all staff and Councillors through Arakwal’s website, with specifically tailored training packages for relevant staff to include Native Title and other relevant land management issues (4.2.4 in the MoU).	i. Identify relevant material on the Arakwal website for consideration to include in induction programs.	Society and Culture (IPO) Organisational Support (HR)	Report to AMoUAC	November 2013
	ii. IPO in collaboration with Executive Manager Organisational Support (or delegate) and Arakwal to develop induction material and training packages for relevant staff regarding Cultural Awareness that includes information on native title.	Society and Culture (IPO) Organisational Support (HR) Arakwal Corporation	Report to AMoUAC	December 2013 with view to introduction in March 2014
	iii. IPO to prepare report for Consultative Committee.	Society and Culture (IPO)	Report to CC	December 2013
	iv. HR to adjust checklist for managers to implement Cultural Awareness induction sheet.	Organisational Support (HR)	Report to AMoUAC	September 2014
	v. IPO to prepare and schedule information sessions for all managers and supervisors regarding implementation of Cultural Awareness induction for new staff.	Society and Culture (IPO)	Information sessions completed	Jan/Feb 2014
	vi. IPO to liaise with HR staff regarding the retrospective role-out of Cultural Awareness induction to existing staff	Society and Culture (IPO), Organisational Support (HR)		September 2014
	vii. IPO to liaise with Managers of outdoor staff and organize a series of Cultural Awareness information sessions to capture all outdoor staff.	Society and Culture (IPO)		September 2014
	viii. Arakwal to advise on whether a Dolphin Dreaming (or similar) Cultural Awareness package can be delivered to Council staff and Councillors annually or bi-annually.	Arakwal Corporation	Report of AMoUAC	September 2014
	ix. Ensure funding is available to allow annual or bi-annual Cultural Awareness training (Dolphin Dreaming or such) attendance by staff.	Executive Team		September 2014
	x. Insert link to Arakwal website on Council website.	IPO and IT	Link inserted	December 2013
	xi. Engage Arakwal in providing info for staff newsletter.	IPO and Arakwal	Emails sent to G.Brown	Ongoing

Implementation Plan – Native Title

5.0 Native Title

Priority Action	Strategic Actions	Responsible Party	Measurable Outcomes	Priority/ Timeframe
5.1 Council consider the ongoing responsibilities and potential impacts of ongoing Native Title processes.	i. Confirm Council as party to the Byron Bay Bundjalung People 3 Native Title Determination Application (NSD6020/01).	Society and Culture (IPO)	Report to AMoUAC	September 2014
	ii. IPO to research the Council’s roles and responsibilities as party to the Byron Bay Bundjalung People 3 Native Title Determination Application (NSD6020/01)	Society and Culture (IPO)	Report to AMoUAC	September 2014
	iii. That a presentation be held, as part of a Strategic Planning Workshop in 2013, with Councillors, Council staff, a member from the Arakwal MoU Advisory Committee and Native Title Services Corporation (NTSCorp) staff to raise awareness on Native Title in Byron Shire.	Society and Culture (IPO)	Workshop complete	September 2014
	iv. Integrate information on native title into Cultural Awareness package at 4.1.	Society and Culture (IPO)	Report to Consultative Committee	September 2014

Venue	Arakwal Room, Byron Bay Library
Date	Wednesday, 25 February 2015
Time	2.30pm