Notice of Meeting

 

 

 

 

 

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Arakwal Memorandum of Understanding Advisory Committee Meeting

 

 

An Arakwal Memorandum of Understanding Advisory Committee Meeting of Byron Shire Council will be held as follows:

 

Venue

Meeting Room 1, Council Offices, Mullumbimby

Date

Wednesday, 19 August 2015

Time

2.30pm

 

 

 

 

 

 

 

 

 

Ken Gainger

General Manager                                                                                                                   I2015/847

                                                                                                                                    Distributed 13/08/15

 


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

Arakwal Memorandum of Understanding Advisory Committee Meeting

 

 

BUSINESS OF MEETING

 

1.    Apologies

2.    Declarations of Interest – Pecuniary and Non-Pecuniary

3.    Adoption of Minutes from Previous Meetings

3.1       Arakwal Memorandum of Understanding Advisory Committee Meeting held on 14 May 2015

4.    Business Arising From Previous Minutes

5.    Staff Reports

Corporate and Community Services

5.1       Arakwal MoU Implementation Plan 2015 -16................................................................... 4

5.2       Ti Tree Lake Plan of Management................................................................................. 31

5.3       Bundjalung of Byron Bay, Arakwal People Cemetery Provisions.................................. 67

5.4       NAIDOC Week Byron Shire 2015.................................................................................. 69

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            5.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 5.1             Arakwal MoU Implementation Plan 2015 -16

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Aboriginal Projects Officer

File No:                        I2015/373

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:     

This report presents the Arakwal MoU Implementation Plan for 2015-16, and provides a review of the Arakwal MoU Implementation Plan 2013-14 and additional project outcomes from the MoU.

 

  

 

RECOMMENDATION:

That the Arakwal MoU Advisory Committee endorse the 2015/16 Arakwal MoU Implementation Plan.

 

 

Attachments:

 

1        Arakwal MoU Implementation Plan review 2015, E2015/26551 , page 7  

2        Arakwal MoU Implementation Plan 2015/16, E2015/50307 , page 23  

 

 


 

Report

 

Council staff have completed a comprehensive review of the Arakwal MoU Implementation Plan 2013 – 14.  Some of the projects within this plan have not yet been completed and have been carried over to the 2015/16 Implementation Plan.

 

In addition to the identified priority projects within the Arakwal MoU Implementation Plan 2013 – 14, Council had commenced work on five additional projects from the MoU:

 

1.2.2 Ti Tree Lake (Taylors Lake)

Council worked closely with Arakwal in the interests of protecting the Ti tree Lake during the application for development at the Broken Head Quarry. 

 

1.2.4 Ongoing Cultural Heritage Management and Land Management Rights

Council submitted a Cultural Heritage Study Funding Submission to the Office of Environment and Heritage in January 2015.  This study is instrumental in the development of ongoing Land Management Processes.

 

1.2.5 Council support of important cultural events

Council staff worked closely with Arakwal and other community members to deliver NAIDOC Week programs throughout the Byron Shire in 2013, 2014 and again in 2015.  In 2014 Council commences the Byron Shire NAIDOC Week award program to acknowledge the achievements and contributions of the Indigenous community.  Council coordinated a Reconciliation Week program with local schools in 2014 and is hosting an event on 1 June 2015 for National reconciliation Week 2015.  Council staff were involved in supporting the cultural events at Survival Day 2015. 

 

1.2.6 Tourism

Council staff conducted research into this matter.  Tourism operators were found not to be notifying Council with its intent to operate cultural tourism.  Council staff invited Arakwal to notify any tourism operators operating in cultural tourism for further investigation.

 

3.2.3 – Public Art Opportunities

Council staff worked with the Byron Community Centre and Arakwal artists Nigel Stewart and Sean Kay to produce a mural at the Byron Community Centre.  This mural was launched on 20 March 2015.

 

The February 2015 meeting the Arakwal MoU Advisory Committee recommended the priority projects for inclusion in the Arakwal MoU Implementation Plan 2015/16.

 

a)      Consultation processes for development applications and other matters in regards to land management of public lands (2.2.2 from the Memorandum of Understanding)

b)      Indigenous Employment Strategies (3.2.1 from the Memorandum of Understanding)

c)      Cultural Awareness Training (4.2.4 from the Memorandum of Understanding)

d)      Native Title (1.2.4 from the Memorandum of Understanding)

e)      Tourism (1.2.6 from the Memorandum of Understanding)

f)       Arakwal Cultural Centre (3.3.2 from the Memorandum of Understanding)

g)      Protecting Wetlands (4.2.2 from the Memorandum of Understanding)

 

Council staff developed the Arakwal Memorandum of Understanding Implementation Plan 2015/16 (Attachment 2) including the above items and projects currently actioned within other works schedules of Council.

 

Financial Implications

 

Nil from this report

 

Statutory and Policy Compliance Implications

Local Government Act 1993

Native Title Act 1993

Arakwal MoU 2013


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                       5.1 - Attachment 1

Strip Teal

 

Arakwal Memorandum of Understanding

Implementation Review 2015

 

TURTLE LOGOByron Shire Council and
Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)
Memorandum of Understanding

 

 

 

 

 

 

 

 


 

 

 

 

 

Teal reverseStrip Teal


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                       5.1 - Attachment 1

 

Contents

 

Introduction.. 2

Implementation Plan – Caring for Country Working Definition.. 3

Implementation Plan – Consultation Processes for Development Applications on Public Lands. 4

Implementation Plan – Indigenous Employment Strategies. 5

Implementation Plan – Cultural Awareness Training. 6

Implementation Plan – Native Title. 8

 

 


 

Introduction

 

This document reports on the progress of the Implementation Plan 2013/14 for the Memorandum of Understanding (MoU) between Byron Shire Council and the Bundjalung of Byron Bay Arakwal People. In additional this document reports on the progress of the implementation of other areas of the MoU not identified in the Implementation Plan 2013/14.

 

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 was 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. 

 

 

 

Legend

 

This review reports on the status of projects using the following abbreviations

C       - Complete

I         - Initiated

NC – Not Complete

OG – On Going


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                           5.1 - Attachment 1

Implementation Plan – Caring for Country Working Definition

 

1.0    Caring for Country working definition

 

Priority Action

Strategic Actions

 

Status

Actions and Outcomes

Comments

Recommendations

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).

 

C

 

 

 

 

ii. IPO to document outcomes of workshop and compile report. Present report to AMoUAC including request to finalise definition.

C

 

 

 

iii.          Present report to Council for adoption of definition.

C

 

 

 

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.

C

 

 

 

ii. IPO to notify division Managers with responsibility for the review of these policies.

NC

 

 

 

iii.          Present report to AMoUAC and then Council.

C

Council adopted working definition

 

Intergrated this definition into the Arakwal MoU Document.

 

 

Priority Action

Strategic Actions

 

Status

Actions and Outcomes

Comments

Recommendations

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.

C

IPO met with Manager to review relevant processes.

IPO conducted review of internal working documents and planning legislation.

 

Streamline Consultation Process

 

AMoU Committee becomes the forum for Council staff to consult with Arakwal on Council projects.

 

ii. IPO to prepare document outlining current processes and procedures.

C

Reported to Council

 

Resolved by Council

14-332

iii.          IPO to prepare report to ET regarding the need for a Cultural  Heritage Study.

C

Cultural Heritage Study Funding Submission lodged January 2015.

 

Continue to work to secure funding for Cultural Heritage Study

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

 

 


 

Implementation Plan – Indigenous Employment Strategies

 

3.0    Indigenous Employment Strategies

 

Priority Action

Strategic Actions

 

Status

Actions and Outcomes

Comments

Recommendations

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.

C

 

C

Meeting was held

 

Minutes distributed.

 

 

 

 

iii.          Engage OS Manager to advise on an Employment Strategy framework and costing.

I

 

Council resolved to create a Reconciliation Action Plan

IES to be drafted as part of Council’s Reconciliation Action Plan.

 

iv.         IPO to prepare reports for ET and AMoUAC

NC

Discussions took place about this item during an Implementation Plan Review recommending additional processes.

 

IPO to draft Employment Strategy in consultation with Arakwal and Manager OS.

IES to include Cultural Heritage Study and integration into the LEP to generate ongoing employment opportunities.

IES to include workshops on Job Application and Grant Applications, Small Businesses etc.

Council to do Cultural Safety Audit and seek training in Cultural Principles.

3.2 Implement an Indigenous Employment Strategy (3.2.1 in the MoU).

i. Present Indigenous Employment Strategy to  Executive Team then Council

NC

 

 

 

ii. Support HR staff, primarily Executive Manager Organisational Support, to implement strategy

NC

 

 

 

iii.          Integrate Indigenous Employment Strategy into Workforce plan (on first review)

NC

 

 

 

 

 


 

Implementation Plan – Cultural Awareness Training

 

4.0    Cultural Awareness Training

 

Priority Action

Strategic Actions

 

Status

Actions and Outcomes

Comments

Recommendations

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.

C

 

 

 

 

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.

C

 

 

 

 

iii.          IPO to prepare report for Consultative Committee.

C

 

 

 

iv.         HR to adjust checklist for managers to implement Cultural Awareness induction sheet.

C

 

 

 

v. IPO to prepare and schedule information sessions for all managers and supervisors regarding implementation of Cultural Awareness induction sheets.

C

 

 

 

vi.         IPO to liaise with HR staff regarding the retrospective role-out of Cultural Awareness induction to existing staff

C

 

 

Cultural Awareness Induction was rolled out electronically in 2014.  All new staff receive Cultural Awareness Induction in their Induction package when they commence with Council.

vii.         IPO to liaise with Managers of outdoor staff and organize a series of Cultural Awareness information sessions to capture all outdoor staff.

I

Presentation created.

Outdoor staff have indicated that the training they require is more sites and objects identifications.

Contacted Sandhills for initial

Continue to implement this action

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.

I

 

 

 

 

ix.         Ensure funding is available to allow annual or bi-annual Cultural Awareness training (Dolphin Dreaming or such) attendance by staff.

OG

 

 

 

x. Insert link to Arakwal website on Council website.

C

 

 

 

xi.         Engage Arakwal in providing info for staff newsletter.

NC

 

 

Arakwal not resourced

 

 

 


 

Implementation Plan – Native Title                                      

 

5.0    Native Title

 

Priority Action

Strategic Actions

 

Status

Actions and Outcomes

Comments

Recommendations

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).

C

 

 

 

 

 

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)

C

 

 

 

 

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.

C

 

 

 

 

 

iv.         Integrate information on native title into Cultural Awareness package at 4.1.

C

 

 

 

 


Implementation Plan – Additional Priorities                      

 

This section reports on additional items of the MoU that have been progressed.

 

 

Priority Action

Actions

Time Frame

Partners

 

Outcomes

 

1.2.2 Ti Tree Lake (Taylors Lake)

This area is one of the most significant sites to the Arakwal people. It is their objective to have this area protected as an Aboriginal site. Arakwal would like to protect this area from all forms of tourism and development. Arakwal have requested that, as a matter of priority, any developments regarding zoning, consultation with other community groups, proposed developments, tourism operators and Council, consider the cultural significance of this area. Further, that Council provide transparent information to Arakwal on any matters relating to the Ti Tree Lake areas, especially in regard to proposed developments

on or around the area.

 

Broken Head Quarry

 

 

 

 

 

1.2.4 Ongoing Cultural Heritage Management and Land Management Rights

The development and implementation of a process to ensure ongoing recognition/consultation with Arakwal once Native Title Claims are granted and resolved that ensure ongoing Cultural Heritage Management and Land Management Rights.

 

Cultural Heritage Study

 

 

 

 

1.2.5 Council support of important cultural events

Council to support important Indigenous cultural events including NAIDOC Week, Reconciliation Week and Survival

Day. This support is to include provision of events, funding and the waiving of Council related fees.

Ongoing coordination of Byron Shire NAIDOC Week Program

2013

2014

2015

Annual

 

 

1.2.6 Tourism

Arakwal to be consulted with on the licensing/tendering for tourism operators and screening in relation to cultural

heritage.

 

 

 

 

3.2.3 Public Art Opportunities

Council to encourage the development of public art opportunities to allow opportunities for Arakwal people to have artistic and cultural expression.

Mural at Byron Community Centre

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                           5.1 - Attachment 2

TURTLE LOGO

Arakwal Memorandum of Understanding Implementation Plan 2015-16

 

 

 

Byron Shire Council and

Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)

Memorandum of Understanding

 

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Arakwal Memorandum of Understanding Implementation Plan 2015-16

 

Item No.

MoU No.

Priority Action

Strategic Actions

Time Frame

 

Partners

Measurable Outcomes

1

4.2.4

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. Continue to monitor cultural awareness training

 

 

 

 

ii. Deliver cultural awareness training to Council staff outside the head office.

 

 

 

2

3.2.1

Develop and Implement  an Employment Strategy

 

i. Refer to the Reconciliation Action Plan

 

 

 

3

1.2.2

Ti Tree Lake (Taylors Lake)

This area is one of the most significant sites to the Arakwal people. It is their objective to have this area protected as

an Aboriginal site. Arakwal would like to protect this area from all forms of tourism and development. Arakwal have

requested that, as a matter of priority, any developments regarding zoning, consultation with other community groups,

proposed developments, tourism operators and Council, consider the cultural significance of this area. Further, that

Council provide transparent information to Arakwal on any matters relating to the Ti Tree Lake areas, especially in

regard to proposed developments on or around the area.

Work with Arakwal, NPWS and Jali Land Council to create and implement a POM for Ti Tree Aboriginal Place Area

 

Council staff to continue the legal processes to protect the Ti Tree Lake from proposed development.

 

 

 

4

2.2.2

Consultation processes for development applications and other matters in regards to public lands

• 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 processes.

        

14-332   Resolved that in relation to Report 4.1 ‘Consultation and engagement for Development Applications' and other matters in regards to public land Council, Council adopt:

 

Committee Recommendation AMoU 4.1.1

 

1          The existing consultation processes for development applications and other matters in regards to public lands be noted.

 

2.         That the proposals contained in this report be considered and that a framework for consultation with the Bundjalung of Byron Bay, Arakwal people and other Aboriginal stakeholders be developed and that Council in the development of the framework:

 

a)         Identify potential external funding sources for a Shire Wide Aboriginal Heritage Survey

b)         Include reference to internal Council map titled "Aboriginal heritage conservation areas from draft Shire-wide LEP 2008" prior to notifying Bundjalung of Byron Bay, Arakwal of development applications

c)          Amend Council’s document Guide to lodging a Development to include advice to the proponent on their due diligence responsibilities under the National Parks and Wildlife Act 1974 (NPW Act)

d)         Develop an Aboriginal cultural heritage checklist which could be included with all DA information kits for proponents

e)         Establish a formal agreement with the LALCs to guide ongoing engagement and consultation processes in regards to DAs, Aboriginal heritage protection and management

f)          Formalise the process of engagement as a policy or procedure document, or integrate the process into Council’s internal Integrated Planning Documents

g)         Encourage Council staff to continue to refer discussion and consultation on the development and amendment of Council policies to the Arakwal MoU Advisory Committee

 

3.         That Council, when reviewing existing Plans of Management (PoM) or developing new PoMs, undertake consultation with Aboriginal Stakeholders to identify areas within the plan that may be recognised by Council as an area of cultural significance under section 36H of the Local Government Act 1993.

 

14-333   Resolved that in relation to Report 4.2 ‘Aboriginal Sites Identification Pamphlet’, Council adopt:

 

Committee Recommendation AMoU 4.2.1

 

That consideration of the pamphlet be deferred pending further input from Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) and Council staff.

 

 

 

 

5

3.2.2

Arakwal Cultural Centre

Council to continue to support the development of the Arakwal Cultural Centre and assist with applications for

funding. This project has been carried forward from the 1998 Heads of Agreement.

Work with Arakwal to identify sources of funding for the Arakwal Cultural Centre.  Support Arakwal in the creation of funding submissions.

 

 

 

2

4.2.2

Protecting Wetlands

Form a working party to develop an action plan to address ongoing storm water issues on Clarkes Beach with priority to protecting the Aboriginal midden (a registered and protected)

 

 

 

7

4.2.3

Byron sewerage treatment plant at Tallow Creek

The decommissioning of the Byron sewerage treatment plant (Tallow Creek). The Arakwal are concerned about the potential redevelopment of this land. It is a very important site to Arakwal and the area includes burial sites as well as other areas of significance. Arakwal have requested to be involved in the planning process for any redevelopment at this site.

Now referred to as South Byron Sewerage Treatment Plant.

Decommissioning

Future Development

 

 

 

8

5.2.3

Sandhills Estate

Arakwal to continue support for the residual land in the Sandhills Estate intended for transfer during negotiations of Indigenous Land Use Agreement 2. This land to be developed in consultation with Arakwal for civic and community uses.

Write to Department of Lands.

 

 

 

9

5.2.5

Aboriginal Health

Council and Arakwal to work in partnership to develop local networks and work with regional networks to advocate for Aboriginal health service provision in Byron Shire. This may include an outreach service at existing community and neighbourhood centres, health promotion services and brokerage services.

Aboriginal Interagency to meet quarterly.

Identify lead agencies and apply for funding/ support funding applications.

Work with representatives from different levels of government to advocate for increased funding, improved service delivery.

 

 

 

10

5.2.2

Aboriginal social, economic and community development projects Arakwal and Council to work in partnership on Aboriginal social, economic and community development projects that have positive outcomes for the wider community.

Arakwal have identified that community safety and social issues in Byron Bay are having direct and broader impacts on their families and communities, notably drug and alcohol use, law enforcement, housing, employment, education

and health.

i. Arts

ii. Workshops – employment and grant development

iii.          Interagency

iv.         To be considered in the development of Council’s Reconciliation Action Plan.

v. Schools to deliver a cultural program.

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            5.2

 

 

Report No. 5.2             Ti Tree Lake Plan of Management

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Aboriginal Projects Officer

File No:                        I2015/816

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report provides the Arakwal Memorandum of Understanding Committee (MoU) with an update on the Council’s internal review of the Ti Tree Lake Plan of Management. 

 

  

 

RECOMMENDATION:

1.       That the Arakwal MoU Advisory Committee note the progress report on the Ti Tree Lake Plan of Management.

 

2.       That Council write to the Office of Environment and Heritage and National Parks and           Wildlife Service providing a copy of the progress report (E2015/50137).

 

 

Attachments:

 

1        Ti Tree Lake Draft Plan of Management, E2015/26736 , page 33  

2        Ti Tree Lake Plan of Management Intital Progress Report, E2015/50137 , page 65  

 

 


 

Report

 

At the Ordinary meeting on 11 June 2015 Council resolved (15-265):

 

That Council adopt the following Committee Recommendation:

 

Report No. 5.3 Ti Tree Lake Aboriginal Place Project Report 14 May 2015

File No: I2015/372

 

Committee Recommendation 5.3.1

 

1. That the Arakwal Memorandum of Understanding Committee (MoU) note the report on the

     Ti Tree (Taylor’s) Lake Aboriginal Place Plan of Management.

 

2. That the Arakwal Memorandum of Understanding Committee (MoU) endorse the Council’s

     participation in the Ti Tree (Taylor’s) Lake Aboriginal Place Plan of Management project.

 

At a meeting on 27 April 2015, Diane Mackey (Office of Environment and Heritage) and Delta Kay (National Parks and Wildlife Service) met with Senior Planner Land and Natural Environment, and Aboriginal Projects Officer to discuss the draft Ti Tree Lake Plan of Management (Attachment 1).

 

At this meeting the following key issues were identified:

 

1.    Acceptable activities within the Aboriginal Principles and values for the area, for licensing on the Council owned and managed areas surrounding the Ti Tree Lake.

 

2.    Trapping pest animals on Council owned areas

 

3.    Signage on Council road reserves

 

4.    Restricting access to Taylors Lake Road, a Council road reserve

 

5.    Information sharing regarding water and sewer infrastructure and maintenance schedules

 

6.    Ensuring Council’s future plans for the area adhere to the cultural values of the Aboriginal Place protection principles

 

7.    Water quality testing.

 

On 15 June 2015 the Manager Utilities, Senior Planner Land and Natural Environment, and the Aboriginal Projects Officer met to discuss the identified key areas of the Plan of Management (PoM). Additional relevant staff were consulted on the draft PoM and provided feedback on key issues identified above. 

 

The purpose of this report is to provide the Arakwal Memorandum of Understanding Committee (MoU) with an update on the Council’s internal review of the Ti Tree Lake Plan of Management (shown in Attachment 2).

 

Financial Implications

Nil from this report

 

Statutory and Policy Compliance Implications

Native Title Act 1993

Local Government Act 1993

Land Rights Act 1984

Arakwal MoU 2013

National Parks and Wildlife Act 1974


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Staff Reports - Corporate and Community Services                       5.2 - Attachment 1

 

 

 

TI TREE (TAYLOR’S) LAKE

ABORIGINAL PLACE

 

PRELIMINARY DRAFT MANAGEMENT PLAN

 

 

 

NSW National Parks and Wildlife Service

Office of Environment & Heritage

April 2015


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                       5.2 - Attachment 1

© 2015 State of NSW and the Office of Environment and Heritage

 

With the exception of photographs, the State of NSW and the Office of Environment and Heritage are pleased to allow this material to be reproduced in whole or in part for educational and non-commercial use, provided the meaning is unchanged and its source, publisher and authorship are acknowledged. Specific permission is required for the reproduction of photographs.

 

Office of Environment and Heritage (OEH) has compiled this document in good faith, exercising all due care and attention. No representation is made about the accuracy, completeness or suitability of the information in this document for any particular purpose. OEH shall not be liable for any damage which may occur to any person or organisation taking action or not on the basis of this publication.

 

This document is for discussion and comment only. The proposals are under consideration and are open for discussion. Provisions in the draft management plan may not be the same as those in this preliminary draft plan.

 

 

 

 

Front cover image: Ti Tree Lake Aboriginal Place. (Photo: OEH/D. Mackey)

 

 

 

 

 

 

Office of Environment and Heritage

59–61 Goulburn Street, Sydney  NSW  2000

PO Box A290, Sydney South  NSW  1232

 

Phone: (02) 9995 5000 (switchboard)

Phone: 131 555 (environment information and publications requests)

Phone: 1300 361 967 (national parks, climate change and energy efficiency information and publications requests)

Fax: (02) 9995 5999

TTY: (02) 9211 4723

Email: info@environment.nsw.gov.au

Website: www.environment.nsw.gov.au

 

Report pollution and environmental incidents

Environment Line: 131 555 (NSW only) or info@environment.nsw.gov.au

See also www.environment.nsw.gov.au/pollution

 

ISBN

OEH

April 2015

Printed on recycled paper


 

Acknowledgments

 

The NPWS acknowledges that this Aboriginal Place is in the country of the Bundjalung Nation and is located within the areas of the Bundjalung of Byron Bay (Arakwal) People and the Jali Local Aboriginal Land Council, and it has special significance to women of the Bundjalung Nation.

 

This preliminary draft plan of management was prepared by staff of the Northern Rivers Region of the NSW National Parks and Wildlife Service (NPWS), part of the Office of Environment and Heritage.

 

For additional information or any inquiries about the Ti Tree Lake Aboriginal Place or this preliminary draft management plan, contact the NPWS Byron Coast Area Office, Tallow Beach Road, Byron Bay, NSW 2481 or by telephone on (02) 66209300.


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Staff Reports - Corporate and Community Services                                 5.2 - Attachment 1

CONTENTS

1. Ti Tree (Taylor’s) Lake Aboriginal Place - Introduction                                  1

- Landowners and land managers                                                          1

- Land use zoning and surrounding land use                                                         1

- Management planning                                                                                     4

- Protecting the Aboriginal Place                                                             4

- Ti Tree Lake Aboriginal Area                                                                           4

- Protecting the wetlands                                                                          5

2. Official notice declaring the Aboriginal Place                                                 5

3. Stakeholders                                                                                      5

4. General statement of management                                                                   7

5. Cultural values                                                                                            7

6. Aboriginal community management goals                                                      8

7. Activities that could harm the Aboriginal Place                                              9

8. General management protocols                                                               13

9. Risk management measures                                                                    13

10. Cultural value management strategies                                                 14

11. Works and management activities                                                                  14

12. Other matters for negotiation                                                                            19

13. Culturally sensitive information                                                             19

14. Funding resources                                                                                   19

15. Contacts                                                                                                     19

GLOSSARY                                                                                                     20

REFERENCES                                                                                               21

MAPS

Map 1 Location                                                                                              2

Map 2 Landowners and Managers                                                                3

Map 3 State Wetland                                                                                     6

Map 4 Works proposed - tracks and signs                                                    18

TABLES

Table 1 Activities in the Aboriginal Place                                                                10

Table 2 Proposed works and activities in the Aboriginal Place                              15


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                      5.2 - Attachment 1

1. Ti Tree (Taylor’s) Lake Aboriginal Place

Introduction

Ti Tree (Taylor’s) Lake Aboriginal Place was declared under the National Parks and Wildlife Act 1974 (section 84) (NPW Act) in 2000 in recognition of its special significance to Aboriginal culture. The lake is also a registered mythological site on the NPWS Aboriginal Heritage Information Management System. The Jali Local Aboriginal Land Council and Bundjalung of Byron Bay Arakwal Elders campaigned for nearly two decades to get protection for the lake and its natural and cultural values.

The Aboriginal Place (AP) is approximately 70 hectares and is located 4km south of Byron Bay, on the far north coast of New South Wales, between Suffolk Park and Broken Head (see Map 1). The AP is centred on the Ti Tree Lake, also known locally as Taylors Lake, a highly significant Aboriginal women’s site. The lake consists of a northern lobe (1.3 hectares) and a southern lobe (4 hectares) linked by a narrow channel that opens intermittently to the ocean.

Landowners and land managers

The AP (see Map 2) consists of:

·    freehold land owned by Jali Local Aboriginal Land Council, including most of the lake

·    freehold land owned by Byron Shire Council

·    Crown land, some of which is managed by Byron Shire Council and some by Crown Lands

·    part of the Cape Byron Marine Park which is managed by Fisheries NSW  and is located on Crown land between low and high water mark, and

·    the Ti Tree Lake Aboriginal Area which is managed by the National Parks and Wildlife Service (NPWS).

The eastern boundary of the AP includes a 635 metre long section of Broken Head Beach down to the mean low water mark. A small part of the lake at its southern end (approximately 1700 square meters) occurs on freehold land outside the AP.

Land use zoning and surrounding land use

Suffolk Park adjoins part of the north and east boundaries of the AP, a sand and gravel quarry occurs on land adjoining the western boundary, and tourism and residential development at Broken Head village adjoins the southern boundary. Broken Head Nature Reserve, managed by the NPWS adjoins the south-east boundary of the AP.

Most of the AP is zoned for environmental protection under Byron Shire’s 1988 Local Environmental Plan (LEP), either as Wetlands, Coastal Habitat or Coastal Lands. However, most of Byron Shire Council’s freehold land in the north of the Aboriginal Place is zoned for Investigation and a small area in the north west is zoned Residential under the 1988 LEP. A mainly cleared firebreak, south of houses in Suffolk Park, is zoned Rural Landscape under Byron Shire’s 2014 LEP.


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Staff Reports - Corporate and Community Services                                                           5.2 - Attachment 1

MAP 1


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                              5.2 - Attachment 1

MAP 2


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                      5.2 - Attachment 1

Management planning

The Office of Environment and Heritage (OEH), of which NPWS is a part, encourages the preparation of a formal management plan by the landowners/ land managers or occupiers of APs with the agreement of the Aboriginal community. This plan has been prepared in accordance with OEH guidelines (OEH 2012).

Management plans aim to identify:

a)   the area’s Aboriginal cultural heritage values

b)   the Aboriginal community’s management goals,

c)   actions that need to be taken to protect its important cultural heritage values

d)   actions that may require an Aboriginal Heritage Impact Permit (AHIP) under the NPW Act

e)   funding and resources that may be available to implement the actions required.

Protecting the Aboriginal Place

It is an offence under the NPW Act (section 86[4]), to harm or desecrate an AP. Harm includes destroying, defacing or damaging an AP. If development will take place in the vicinity of an AP, the potential impacts of the development must be assessed.

An AHIP should be applied for if harm is proposed to an AP. An applicant for an AHIP can refer to a management plan for an AP, where a plan exists, when assessing impacts. A management plan identifies values and usually sets out what actions would or would not be considered harmful to values.

Where a management plan is in place this provides a clear record agreed by the Aboriginal community of:

·    actions that will not harm the values of the place and that will not require an AHIP

·    actions that would harm the values of the place and would need an AHIP, but may be acceptable in certain situation and with certain controls

·    any harming actions for which OEH would generally refuse to issue an AHIP.

Ti Tree Lake Aboriginal Area

The Ti Tree Lake Aboriginal Area was reserved under the NPW Act in 2010 and is managed by the NPWS. It protects 10.5 hectares of land in the north of the AP (see Map 2). Aboriginal areas are reserved to protect and conserve areas associated with:

·     a person, event or historical theme or

·     containing a building, place, feature or landscape of natural or cultural significance to Aboriginal people or

·     their importance in improving public understanding of Aboriginal culture and its development and transitions.

The land was formerly owned by Byron Shire Council and was transferred to NPWS in recognition of its Aboriginal cultural heritage significance and in accordance with an Indigenous Land Use Agreement (ILUA) between the Bundjalung People of Byron Bay and the State Government. The ILUA was registered under the Commonwealth Native Title Act in 2008.

Protecting the wetlands

The lake and its surrounding swamp forests and sedgelands are mapped as wetlands under the State Coastal Wetlands Policy, known as State Environmental Planning Policy No. 14 (SEPP 14) – Coastal Wetlands (see Map 3). SEPP 14 aims to preserve and protect wetlands for their environmental and economic values at a State level by restricting certain development.

2. Official notice declaring the Aboriginal Place

The following notice declaring the Aboriginal Place appeared in the Government Gazette on 22 September 2000.

3. Stakeholders

The following organisations have interests in the AP:

Organisation

Role / Interest

Byron Shire Council

Landowner, Crown land trustee, owns sewer, water and drainage infrastructure.

Jali Local Aboriginal Land Council

Landowner

Crown Lands

Land manager

NPWS

Land manager

Marine Parks

Land manager

Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)

Native title claimants

Bundjalung Elders

Traditional knowledge holders

Telstra

Owner of telecommunications infrastructure

Neighbours of the Aboriginal place

Neighbouring property


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                              5.2 - Attachment 1

MAP 3


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                      5.2 - Attachment 1

4. General statement of management

The following statements outline the Aboriginal community’s vision for management of the AP:

a)   Encourage local Aboriginal communities to visit the place to continue cultural and spiritual practices, through informal or legal agreements with landowners/land holders/occupiers.

b)   Encourage action designed to ensure continuation of cultural practices, such as maintaining or improving water quality of the catchment and retaining and improving vegetation of high cultural value.

c)   No action should be taken if it would have any adverse impact on the significance of the place.

d)   Minimise the risk of harming Aboriginal objects and sites and the Aboriginal place wherever possible.

e)   Refer to this management plan for all day-to-day and longer term management decision-making and to implement works and undertake other activities

f)    Give Aboriginal cultural values priority in resolving any conflicts about management and change to the place.

g)   Aboriginal sites and objects in the Aboriginal Place will be conserved, recorded and managed in accordance with their significance.

h)  Increase public awareness of the existence of the Aboriginal place and its high level of significance.

i)    Aboriginal knowledge gathered by OEH will be respected and protected.

j)    OEH will support the Aboriginal communities to determine what information on the Aboriginal place will be made available, such as location, stories and significance, and whether signs are erected on the Aboriginal place.

5. Cultural values

In 2000, NPWS commissioned anthropologist Inge Riebe to prepare a report to assess the Aboriginal cultural significance of the lake and surrounding area to support the process of protecting the area by declaring it an Aboriginal place under the NPW Act.

The assessment involved interviews with Elders and other Aboriginal people with knowledge of the Place to document the area’s history and cultural values, including its archaeological context, and the history of protection efforts. The report makes valuable recommendations for respectful management of this special women’s area.

Due to the sensitive nature of the information in the report and the strong view of the Elders that the information not be made public, it is not repeated here. A summary of the cultural values of the Place that can be spoken of publicly are:

·    the Aboriginal Place is a sacred place for Aboriginal women

·    the Ti Tree Lake is sacred and is a registered mythological site on the OEH Aboriginal Heritage Information Management System (AHIMS)

·    traditional knowledge of the Aboriginal Place is sacred for Aboriginal women and is safeguarded. Traditional beliefs mean that the stories and secrets associated with Aboriginal Place cannot be talked about publicly.

·    the Aboriginal Place is one of the few sacred women's sites in the state which remain intact and for which custodians and knowledge holders remain.

·    local Aboriginal women continue to deliver traditional teachings about the Aboriginal Place to Aboriginal girls and women

·    Aboriginal women continue to visit the place to maintain their connection with it and to pass on knowledge of its significance to others

·    Elders have previously indicated strong concerns for maintaining catchment health to support their ongoing spiritual connections to Country

Due to the sacred significance of the lake and the surrounding 150-metre core area it is appropriate that this area has the greatest restrictions on use. However, the surrounding bushland within the Aboriginal Place is also integral to protecting the lake as it provides a buffer to adjoining land use and supports important cultural resources.

The Aboriginal Place occurs within a broader context of places of significance to the Aboriginal community. Other publicly known places include Cocked Hat Rocks (Three Sisters) Aboriginal Place, off Broken Head headland, in Broken Head Nature Reserve, Julian Rocks Nguthungulli Nature Reserve, a mythological site in Byron Bay and Walgun (Cape Byron) in Cape Byron State Conservation Area, east of Byron Bay.

6. Aboriginal community management goals

Management Goal

Timeframe

The lake and surrounding core area (lakeshore and 150 metre buffer), in particular, is used in accordance with Aboriginal cultural beliefs and traditions.

Short term

The lake is healthy and unpolluted.

Short term

Knowledge is passed down within the Aboriginal community in accordance with Aboriginal custom

Long term

The broader community understands and respects the significance of the lake and surrounding area.

Short term

Stakeholders (Council, NPWS, Crown lands, neighbours) understand and respect the significance of the lake and surrounding area.

Medium term

Cultural resources are healthy and sustainable.

Long term


 

7. Activities that could harm the Aboriginal Place

In the Assessment of Significance prepared by Inge Riebe (2000) the following statement is made about management of the AP, reflecting the wishes of the traditional owners and the parts of an earlier plan of management (Murphy 1993) of which they approved:

a)    Ensure as little disturbance to the lake as possible

b)    No swimming in the lake

c)    No access to the lake as far as possible (i.e. walkways)

d)    No pollutants enter the lake. Sewerage, stormwater and rubbish from houses and runoff from the quarry are of particular concern.

e)    Any inappropriate human interference causes harm to the lake and can be harmful to those interfering. Custodial Elders need to have full control over any access to the Lake.

f)     Men particularly should avoid the lake.

The following table details the type of activities that may occur in the AP including those that may harm the AP and its special cultural significance. Conditions are included, if appropriate, to reduce the harm caused by the activity. The inclusion or exclusion of certain activities in the AP is intended to reflect the wishes expressed by the traditional owners.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                           5.2 - Attachment 1

Table 1 Activities in the Aboriginal Place

Activity

Is the activity consistent with cultural values?

Under what conditions could the activity be consistent, if any?

Commercial tourism and activities

No

None.

Education activities

Yes -conditionally

Educational activities provided by local custodian Elders.

Poor quality stormwater or groundwater entering the lake.

No

None.

Other pollutants entering the lake (sunscreens, insect repellent).

No

None.

Recreational or other use of the lake.

No

None.

Men coming within 150-metres of the lake (the core area)

No

None.

Buildings or structures

No

Small-scale, temporary structures for cultural purposes only.

Camping

No

None.

Riding bicycles

No

·    Restricted to Taylors Lake Road, the fire break south of houses in Suffolk Park (on Council land and NPWS).

·    No promotion of bike riding.

·    No official bikeway.

Use of motorised vehicles

No

·    Driving a mobility-impaired person within the AP for cultural purposes.

·    Use of official vehicles for fire-fighting purposes and on the fire break south of houses on Macgregor Street.

Bushwalking

No

·    Restricted to Ti Tree Lake Aboriginal Area, in accordance with an approved plan of management, Taylors Lake Road and Council land in the north west of the AP.

·    No promotion of bushwalking.

·    No walking tracks.

 

Activities that could cause harm

Is the activity consistent with the cultural values?

Under what conditions could it be consistent if any?

Horse riding

No

·    Restricted to Taylors Lake Road and not promoted.

·    No official bridle path.

Parties or dance parties

No

None.

Weddings

No

None.

Exercising domestic animals (dogs and cats) or allowing them to roam free.

No

None.

Use of drones

No

Only if in conjunction with works proposed in this management plan. Apply for permission on a case-by-case-basis from the landowner/manager.

Other recreational uses of the Aboriginal Place (e.g. events, photography, picnicking, etc)

No

Passive (low-key) activities in the Ti Tree Lake Aboriginal Area, in accordance with an approved management plan, on the beach or on Council land in the north west of the AP.

Developing new pathways

No

None.

Construction of new infrastructure

No

None.

Maintaining existing pathways

No

·    Low-key maintenance of the pathway providing access for cultural purposes to the western side of the lake from Taylors Lake Road.

·    Maintenance of the fire trail south of the houses on Macgregor Street.

Maintenance of Taylors Lake Road (a designated fire trail)

No

·    No upgrading of road surface (sealing etc).

·    Maintain as a gravel surface.

·    Maintenance to the minimum standard required to provide access for fire fighting vehicles incorporating best practice erosion and sediment control and weed control.

Maintenance of utilities (water, sewer, telecommunications) under Taylors Lake Road.

No

·    Maintenance of utilities under the road must incorporate best practice erosion and sedimentation control and weed control.

·    No upgrading of road surface (sealing, concreting etc).

·    Maintain the road’s gravel surface.

Cultural fire use

Yes - conditionally

·    Small fires for cultural purposes (e.g. cooking, warming, ash/charcoal).

Cultural activities

Yes - conditionally

·    Small groups only.

·    Cultural activities to be conducted by local custodian women Elders.

Activities that could cause harm

Is the activity consistent with the cultural values of the Aboriginal Place?

Under what conditions could it be consistent if any?

Clearing

No

Low-key (minimal) clearing of disturbed areas for cultural purposes.

Mining, quarrying or mineral exploration

No

None.

Pump from the lake or waterways

No

None.

Fire

No

·    Only small-scale controlled burns to maintain cultural resources (i.e. culturally valuable plants and animals) if required.

Controlling weeds

Yes - conditionally

·    No weed control to occur on the dunes until a general pattern of avoidance of the lake is established.

·    Any herbicides usage around the lake must be consistent with permits and labels and an approved weed control/bush regeneration plan.

·    No herbicides to be used over the lake or its tributaries, even if permitted on labels etc.

·    It is preferred that women undertake this activity.

Controlling pest animals

Yes - conditionally

·    No poisons to be used within a 150-metre buffer area around the lake

·    Poison usage must be consistent with permits and labels and an approved pest control plan.

·    It is preferred that women undertake this activity.

Managing vegetation to reduce bush fire risk to adjacent development

No

·    Management bush fire risk in accordance with the approved Far North Coast Bush Fire Risk Management Plan.

·    Ensure the Aboriginal Place is recognised as an asset in the Far North Coast Bush Fire Risk Management Plan.

Signs

Yes – conditionally

·    Signs to educate people about significance of the place and appropriate behaviour.

·    Signs to be unobtrusive and placed so as not to attract visitors to the AP.

Moving, relocating or collecting objects

No.

If an object is in danger of being destroyed or damaged.


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Staff Reports - Corporate and Community Services                      5.2 - Attachment 1

8. General management protocols

The following general protocols form an agreed basis for landowners, land managers and the Bundjalung of Byron Bay Arakwal People to work together to manage the AP:

a)   assess the health of the lake through a water sampling program

b)   an agreed approach to risk management

c)   meet twice a year to review the operation of the management plan and consider whether to recommend changes to OEH

d)   works carried out in the Aboriginal place will be in accordance with this plan of management

e)   keep each other informed of works being undertaken in the AP by email or in writing (see Contacts section)

f)    commit to working together to address strategic management issues in the AP, for example, access or controlling pest plants.

9. Risk management measures

The following risk management measures are intended to prevent or mitigate potential harm to the AP:

a)   Before carrying out works undertake cultural and heritage assessments through the Aboriginal Heritage Impact Permit (AHIP) process, as required.

b)   Establish an exclusion or buffer zone for activities that could harm the place.

c)   Consult and involve the local Aboriginal community, relevant Elders, individuals and Local Aboriginal Land Councils.

d)   Manage fire to prevent large fires.

e)   Educate people about the significance of the place and safe practices.

f)    Erect signage to educate the people about the place’s significance and appropriate behaviour.

g)   Close pathways from the beach to the lake and along the lakeshore or allow them to revegetate naturally..

h)  Close pathways, other than the pathway to the western side of the lake

i)    Manage weeds and pest animals to prevent loss or damage to cultural resources.

j)    Ensure runoff from the quarry site and stormwater from all outlets into the AP is managed to prevent harm to the place.

k)   Investigate formally closing Taylors Lake Road (or at least that part of the road within the Aboriginal Place).

l)    Exclude development from the Aboriginal place.

m)  Ensure adequate sediment and erosion control on Taylors Lake Road.

n)  Ensure all sewage is properly treated on surrounding lands and that the sewerage system on the Aboriginal place and on surrounding lands is properly maintained.

o)   Routinely monitor or inspect the Aboriginal place to identify potential harm.


 

10. Cultural value management statements

The following statements outline an agreed approach to managing the cultural values of the AP:

a)   Stakeholders and landowners will handle culturally sensitive information with respect and according to the wishes of the Aboriginal community regarding the AP which is a sacred women’s place.

b)   Landowners, land managers and will work to conserve the environmental and cultural values of the place.

c)   Continuing access for Aboriginal people to the AP will be encouraged to conserve its special significance.

d)   Continued access to traditional/contemporary resources which are important for cultural purposes or simply in their own right, will be permitted.

e)   Landowners and land managers will be encouraged to respect the connection of Aboriginal people to the place and the need for connection to Country to allow for the passing on of traditional knowledge.

f)    The ongoing role of the AP as a teaching site will be recognised and respected.

g)   Landowners and land managers will work to prevent large scale landscape changes to the AP, to conserve its spiritual and cultural values.

11. Works and activities

Works are required in the AP to protect cultural values and to manage risks. The following table lists proposed works, specifies how the works should be undertaken, identifies who is responsible and sets timeframes. Map 4 shows the location of works proposed to address tracks and signage.

 


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Staff Reports - Corporate and Community Services                                                           5.2 - Attachment 1

Table 2 Proposed works and activities in the Aboriginal Place

Type of work or activity

Specification

Timeframe

Responsible authority

Design and install signage

·    Signs are to educate the public about the significance of the place and appropriate behaviour.

·    Signs are to be unobtrusive and positioned so as not to attract visitors to the Aboriginal Place.

Sign locations (see Map 4):

near the lake entrance on the edge of vegetation

on the informal track running from the lake entrance south along the lakeshore

on the southern path that leads to the southern lake

at the intersection of Taylors Lake Road and the pathway to the western side of the lake,

on Taylors Lake Road at the southern boundary of the Aboriginal Place

on Taylors Lake Road where it intersects with the western boundary of the Aboriginal Place

at the entrance to the fire break on the AP that starts at the southern end of Glasgow Street.

Short term

Council

Jali LALC

Managing vegetation to reduce bush fire risk

·    Manage bush fire risk in accordance with the approved Far North Coast Bush Fire Risk Management Plan.

·    Manage bush fire risk in the Ti Tree Lake Aboriginal Area in accordance with the NPWS Fire Management Strategy.

·    Ensure the Aboriginal Place is recognised as an asset in the Far North Coast Bush Fire Risk Management Plan.

Short - medium term

Council

NPWS

Far North Coast Bush Fire Management Ctee

Pests animals

·    Develop pest animal control plan/s (possibly linked to survey).

·    No poisons (baits) to be used within a 150-metre buffer area around the lake

·    Poison usage must be consistent with permits and labels and an approved pest animal control plan.

·    It is preferred that women undertake this activity.

·    It is preferred that women undertake this activity.

Medium term

Jali LALC

Council

NPWS

Type of work or activity

Specification

Timeframe

Responsible authority

Pests plants

·    Develop bush regeneration plans.

·    No weed control to occur on the dunes until a general pattern of avoidance of the lake is established.

·    Any herbicides usage around the lake must be consistent with permits and labels and an approved weed control plan.

·    No herbicides to be used over the lake or its tributaries, even if permitted on labels etc.

·    No poisons to be used within a 150-metre buffer area around the lake

·    Poison usage must be consistent with permits and labels and an approved pest animal control plan.

·    It is preferred that women undertake this activity.

·    It is preferred that women undertake this activity.

Plan - short term

Works on dunes – medium term

Works elsewhere – short to medium term

Jali LALC

Council

NPWS

Close pathways

(see Map 4)

·    Pathways from the beach to the lake and along the lakeshore will be closed or allowed to revegetate naturally. Investigate closure options.

·    Close (bollard) the pathway that starts at the western end of the fire break behind the houses on Macgregor St and runs south into the Aboriginal Place to stop vehicles.

·    Close (bollard) the pathway that starts at the firebreak south of Glasgow Street and runs west to Taylors Lake Road

·    Close the pathway that runs to the western side of the lake at the intersection with Taylors Lake Road to stop motorbikes. Investigate closure options.

·    Check for pathways from the beach to the northern lake – close.

Short term

Council

Jali LALC

Investigate closing Taylors Lake Road

·    Investigate the process and the implications for landowners/managers prior to taking any further action.

Long term

Council

NPWS

Jali LALC

Maintenance and adequacy of Council’s sewerage system

·    Obtain copy of maintenance program from Council

·    Ensure maintenance program is adequate.

·    Ensure no pollution of the AP.

Short term

Council

Type of work or activity

Specification

Timeframe

Responsible authority

Ensure any septic systems on adjacent properties are operating safely and are not polluting the AP.

·    Obtain advice from Council

Short to medium term

Council

Water quality of the lake – stormwater management

 

·    Identify the places where stormwater enters the AP

·    Obtain advice about an effective stormwater sampling program, including the lake

·    Test stormwater and obtain a report about its likely impacts on the health of the lake.

·    Identify any remediation action required and implement.

Plan – short term

Sample and remediate – medium to long term

Council

NPWS

Jali LALC

Proprietors of Broken Head Quarry

Soil erosion and sediment control (Taylors Lake Rd and pathway to western side of lake )

·    Determine what works are required (if any) to meet best practice erosion and sediment control standards for the road and pathway, taking into account the culturally sensitive environment.

·    Prepare a report including works and priorities.

Medium term

Council

Jali LALC

Remove rubbish

·    Remove rubbish in the clearing on the western side of the lake.

·    Remove rubbish from other areas of the AP as identified or reported.

·    NPWS to remove rubbish from the Ti Tree lake Aboriginal Area as identified or reported.

·    Council to remove rubbish from their property as identified or reported.

Short term

Jali LALC

NPWS

Council

Survey plants and animals

·    Undertaken survey in accordance with OEH guidelines

·    Target culturally important animals/plants and threatened animals.

Medium - long term

Jali LALC

Council

NPWS


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Staff Reports - Corporate and Community Services                                              5.2 - Attachment 1

MAP 4

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                      5.2 - Attachment 1

12. Other matters for negotiation

- Signage design.

- Other matters to be added after further consultation.

13. Culturally sensitive information

Only publicly available cultural information is included in this plan. Cultural knowledge of the AP remains the property of the knowledge holders.

14. Funding and resources for works proposed in the plan

- To be completed following further consultation.

15. Contacts

Sue Walker

Area Manager, Byron Coast

National Parks & Wildlife Service

Tallow Beach Road, Byron Bay NSW 2481

npws.byroncoast@environment.nsw.gov.au

Phone: 0266209300

 

Jali Local Aboriginal Land Council

 

Byron Shire Council

 

Crown Lands

 

Cape Byron Marine Park


 

GLOSSARY

 

AHIP                                                   Aboriginal Heritage Impact Permit

AHIMS                                               Aboriginal Heritage Information Management System

AP                                                       Aboriginal Place

Bundjalung of Byron Bay Aboriginal Corporation (Arakwal):

The Corporation is established under the Aboriginal Councils and Association Act 1976 (Commonwealth), as a prescribed body to represent the Bundjalung People Byron Bay (Arakwal) as native titleholders and their rights, interests and benefits in trust.

Cultural activities:                            Refers to activities such as, but not limited to, wild resource use, gatherings, ceremonies and other cultural practices and customs.

Country:                                             Refers to the ‘landscape’ of origin of a particular group/clan of Aboriginal people. This landscape is all encompassing, and the natural, cultural and historical features are inseparable.

Endangered Ecological Community:

A community listed on Schedule 1 Part 3 of the Threatened Species Conservation Act 1997 (NSW).

ILUA                                                   Indigenous Land Use Agreement

LEP                                                    Local Environmental Plan

OEH                                                   Office of Environment & Heritage

NPW Act                                            National Parks and Wildlife Act 1974

NPWS                                                National Parks & Wildlife Service

SEPP 14                                            State Environmental Planning Policy No. 14 – Coastal Wetlands

Threatened species:                        A species listed under the Threatened Species Conservation Act 1997 (NSW) as either endangered, critically endangered or vulnerable.


 

 

REFERENCES

 

Murphy D 1993, Investigation Report of Proposal for an Aboriginal Place at Taylors Lake, via Suffolk Park NSW, report to the National Parks & Wildlife Service.

 

OEH 2012, Guidelines for developing management plans for declared Aboriginal Places, Office of Environment & Heritage, Sydney South.

 

Riebe, I 2000, Assessment of Significance for Aboriginal Place Declaration, Ti Tree (Taylors) Lake, unpublished report to the National Parks & Wildlife Service.

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                      5.2 - Attachment 1

 

 

APPENDIX 1

 

 

BACKGROUND RESOURCE PAPER

 

TI TREE (TAYLOR’S) LAKE

ABORIGINAL PLACE

 

To be completed………..


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                           5.2 - Attachment 2

Internal Progress to date on the Development of the Ti Tree Lake Plan of Management

August 2015 E2015/50137

Objective

Key Staff

Comments

Outcomes

1. Acceptable activities for licensing for the Council owned and managed areas 

 

Events Officer

Aboriginal Projects Officer

Admin Property/ Licensing

 

Council staff to refer to the Plan of Management before issuing licensing for the area.

 

2. Trapping pest animals on Council owned areas

 

Team Leader Natural Environment

Under consideration

 

3. Signage on Council road reserves

Aboriginal Projects Officer

This project to be included in the Arakwal MoU Implementation Plan for 2015/16.

Funds can be utilised from 2331.053

4. Restricting access to Taylors lake through the Council owned Road

 

Manager Utilities

Senior Planner, Land Natural Environment

Manager Utilities indicated support for a fence to extend between 20 – 50 metres across Taylors Lake Road to deter access to the Ti Tree  Lake and protect Council’s water and sewer assets from damage from motor bikes.

 

 

This will be formally raised through a proposal with OEH and NPWS

5. Information sharing regarding water and sewer infrastructure and maintenance schedules

Manager Utilities

Attached are the inspection sheets related to Pump Station 3029 which is the pump station that pumps through the Taylors Lake area. We do not have a specific inspection sheet for the rising main through this area as there is nothing to inspect. The only thing more we could do is drive along the road reserve to make sure no scouring by stormwater runoff has occurred. This however, would mean an all male crew going through the area with little benefit. The NPWS staff who normally access the area could advise if scouring by stormwater had occurred. What do you think?

 

Maintenance schedules and maps have been supplied.

6. Ensuring Council’s future plans for the area adhere to the cultural values of the Aboriginal Place protection principles

 

Aboriginal Projects Officer

Traffic and transport Coordinator

Drainage/ Flood Engineer

Ongoing commitment.

Confirmation that Councils Bike Plan does not intend to use Taylors Lake Road as a bike path between Suffolk Park and Broken Head.

7. Water quality testing

 

Drainage/ Flood Engineer   Senior Planner, Land Natural Environment

Council have currently no funds identified to support a water quality monitoring program or report on it

 

Taylors Lake Rd. The road to Broken Head car park is closer to the lake, that’s staying open. Why close Taylors Lake Rd? I am not aware of it actually being a formed road. I think it’s just a bush track. To control sediment and erosion would require possibly causing more damage to the area by bringing machines in to fix. Not sure where responsibility lies for an unformed road in Council road reserve.

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            5.3

 

 

Report No. 5.3             Bundjalung of Byron Bay, Arakwal People Cemetery Provisions

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Aboriginal Projects Officer

File No:                        I2015/817

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

Delta Kay from the Arakwal MoU Committee has requested Council consider the provision of an identified Aboriginal area in the Byron Bay Cemetery.  This project aims to facilitate Arakwal People and people of the wider Bundjalung Nation to realise a culturally appropriate important ceremony and sorry business for their people.

 

This report seeks endorsement from the Arakwal MoU Committee to seek information from Council staff on progressing this project, identifying the processes required and the scope of works for this project for further consideration.

  

 

RECOMMENDATION:

That the Arakwal MoU Committee endorse seeking information from Council staff on the processes required and the scope of works for the Bundjalung of Byron Bay, Arakwal People to have an identified area in the Byron Bay Cemetery for further consideration.

 

 

 

 

 


 

Report

 

Delta Kay from the Arakwal MoU Committee has requested Council consider the provision of an identified Aboriginal area in the Byron Bay Cemetery.  This project aims to facilitate Arakwal People and people of the wider Bundjalung Nation to realise a culturally appropriate important ceremony and sorry business for their people.

 

    The ancestral ceremonial burial grounds for the area are underneath the Byron Bay Rainforest Resort, 39-75 Broken Head Road, Suffolk Park.  The Byron Bay Rainforest Resort is currently for sale for approximately $4 million.  This amount makes the buy back of this land unachievable and Arakwal seek the provisions for their people to be buried on country in accordance to their customary law.

 

The Arakwal MoU states:

 

2. Participation in Governance

Council to involve representatives of the Bundjalung of Byron Bay Arakwal People in Council decision making process on matters concerning Arakwal Country, People and business.

 

This report seeks endorsement from the Arakwal MoU Committee to seek information from Council staff on progressing this project, identifying the processes required and the scope of works for this project for further consideration.

 

Financial Implications

 

Nil from this report

 

Statutory and Policy Compliance Implications

 

Native Title Act 1993

Local Government Act 1993

Land Rights Act 1984

Arakwal MoU 2013


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            5.4

 

 

Report No. 5.4             NAIDOC Week Byron Shire 2015

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Aboriginal Projects Officer

File No:                        I2015/819

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

Byron Shire NAIDOC Week 2015 took place from 6 to 9 July across the Shire. The celebrations attracted thousands of people and received much publicity from local media.  Council play a central role in organising the program of events.  This report provides an overview of the Byron Shire NAIDOC Week 2015 program.

  

 

RECOMMENDATION:

That the committee note the success of the Byron Shire NAIDOC Week 2015 Program and the increase in the community partnerships involved in the delivery of the program of events.

 

 

 

 


Report

 

The Arakwal Memorandum of Understanding states:

 

1.2.5 Council support of important cultural events

Council to support important Indigenous cultural events including NAIDOC Week, Reconciliation Week and Survival Day. This support is to include provision of events, funding and the waiving of Council related fees.

 

Council have been involved in supporting NAIDOC Week in the Byron Shire for over a decade.  The Byron Shire NAIDOC Week 2015 Program included five key events:

 

1.   Flag Raising Ceremony – Monday 6 July

2.   Byron Shire NAIDOC Week Awards – Monday 6 July

3.   Arakwal Film Night – Tuesday 7 July

4.   Mullumbimby NAIDOC Week Family Fun Day Wednesday 8 July

5.   Bundjalung Family and Cultural Day, Byron Bay 9 July

 

The program was delivered by a collective of community groups including:

 

-     The Bundjalung of Byron Bay, Arakwal people (Arakwal),

-     National Parks Wildlife Services (NPWS),

-     Mullumbimby Neighbourhood Centre (MNCI),

-     Tweed Byron Local Aboriginal Land Council (TBLALC),

-     Dhinawan Dreaming,

-     Sisters for Reconciliation,

-     Island Quarry,

-     Flickerfest,

-     Ballina Byron Family Centre,

-     Byron Shire Council (BSC). 

 

The Byron Shire NAIDOC Week 2015 program was attended by thousands of people, locals and visitors all enjoyed the cultural celebrations.  Local radio, print and television media reported extremely positively on the events.  Below is an overview of the program from Byron Shire NAIDOC Week 2015.

 

1.   Flag Raising Ceremony

Byron Shire Council hosted the Flag Raising Ceremony with two cultural dance troupes, speakers from key Aboriginal organisations, Bundjalung Choir and Council Representatives.  200 people were reported to have attended the flag raising ceremony.

 

2.   Byron Shire NAIDOC Week Awards

The Council staff worked with the Byron Shire NAIDOC Week organising Committee to acknowledge and reward the Aboriginal and Torres Strait Islander community for its achievements.  The award winners for 2015 were:

 

    Caring for Country

Winner - Green Army Team Mullumbimby. A hands-on, grassroots environmental group who have been weeding, planting, restoring and cleaning up along our local creek, whilst completing TAFE modules which go towards Cert4 in Land and Conservation Management.

    Health Service Provider

Winner - Larissa Smith. This award goes to a dedicated health worker, who provides quality care and services across the Tweed/ Byron areas. Larissa is employed as a sexual health worker and based at Tweed Valley Sexual Health Service.  She is a person who works tirelessly beyond normal work hours, who strongly advocates in the health system for best outcomes for Aboriginal people and initiates programs for better health, supports community agencies to delivery programs and empowers young people to lead healthy lives.

    Educator

Winner - Scott Sentence.  Co-ordinator of the Deadly dancers, co-ordinator of the Mentoring program at Mullumbimby High School and cultural teacher to over 300 students in 9 years. Scott is a person that wants each and every student to reach their full potential and grow up being proud of their Aboriginal heritage.  The nomination form is written with love and pride for this award winner.  A mentor, a father, a friend, an uncle and a brother to those who meet him.  

Winner - Sonia Woods.A warm and caring class room teacher, Sonia co-ordinates Ocean Shores Primary School Reconciliation and NAIDOC assemblies, choir teacher, spearheads the Bundjalung Jarjums Sing Strong choir in partnership with Byron Shire Council. Our female Educator oozes enthusiasm for her profession.   She demonstrates dedication to excellence through her work, which flows onto her students and peers. She promotes Aboriginal culture, integrating Aboriginal teachings into the education sector – yes she inspires change!

    Community – not for profit Organisation

Winner - Mullumbimby and District Neighbourhood Centre Inc. This award goes to a not-for-profit, incorporated community organisation that prides itself on employing Aboriginal staff to deliver culturally appropriate programs to Aboriginal people and families.   The staff are welcoming, responsive and strive to increase Aboriginal & TSI people to access their centre. The centre has hosted ‘Close the Gap’ day which bought together 23 Aboriginal and TSI service providers, hosts the annual NAIDOC Mullum Family day, supporter of art collectives and funding submissions.

    Aboriginal & TSI Child of the Year (under 12 years)

Winner - Wyuna Baker.Our child of the year is often referred to as ‘our little ambassador’ by school teacher’s, neighbours, family & friends. We have watched as she ‘lives’ her Aboriginality every day by sharing culture in the classroom, at home with friends and family, during her activities like; dancing, weaving, hunting and gathering. Her leadership qualities were showcased recently when she danced and then spoke passionately to the crowd, at the Council Chambers for Reconciliation Week – her speech was written by herself. She is only 10 years old, is a member of the Deadly Dancers and attends Brunswick Primary School.

Winner - Kasey Burton.Another child of the year is very passionate about her culture and expressing herself through dancing. We hear that she has never missed a dance practice!   She always puts in her best effort and will help out with activities. Kasey is a quiet person who will encourage the younger students to participate and also keep a close eye on them. She is a School Captain, SRC member, member of Bundjalung Sing Along and a member of the Deadly Dancers. 

    Aboriginal & TSI Young Person of the Year (12 - 25 years)

Winner - Sahaj Blatt.This award goes to a young man who conducts himself with a quiet strength. He currently attends Byron High School and is in year 11. He has demonstrated excellence as a senior member of the Byron Youth Theatre, assisting in the facilitation of workshops and mentoring new members to the company. Recently portraying one of the main characters in BYT production ‘Altered States’ which was a extremely challenging and confrontational role for a young person,  he worked hard and his performance was outstanding. He is proud of his Aboriginal heritage and wants to pursue a career in acting – to be an outstanding Aboriginal actor.

Winner - Jessica Power.Jessica Power is an up-and-coming leader for her community. A long term participant for the AIME program, studying year 12, member of the Bundjalung Sing Along and is a member of the Deadly Dancers. She is committed, caring and demonstrates her leadership through mentoring younger students through dancing, singing and learning about their Aboriginal culture. Recently she addressed the crowd at the Reconciliation Week celebrations and gave a wonderful speech about reconciliation.

    Aboriginal & TSI Person of the Year 

Winner – Aniba Kay.This award went to a family orientated man who loves to ‘give’ to his family, friends and community. He is a shining example of his culture – strong, black and proud. His leadership qualities are respected throughout the community and are a role model for young people. Caring for Country is a passion in his work; with over 10 years experience with National Parks and Wildlife Service, he has demonstrated excellence in his chosen field and is now the first Senior Field office at Byron Coast Area office. He is an Arakwal Board member and an artist.

Winner – Shannon Dousling.Shannon is passionate about developing and organising programs to benefit the community. She quietly goes about her work, promoting cultural resilience and generating co-operative relationships within the wider community. She is a mother, aunty, works closely with the Tweed/Byron Land Council to protect sites and volunteers with the Madghma-Gulgan program to promote Aboriginal land management practices.

    Aboriginal Sportsperson of the Year 

Winner - Harrison Rutter Cavanough.Harrison is an amazing young man who is a positive role-model for his peers, plays his heart-out for his teams and loves to encourage others to have fun! He attends Byron Bay Public School, is in year 6 and is 12 years old.   He has assisted, participates and speaks at the schools various Aboriginal events such as; Sorry day, Reconciliation Week and NAIDOC assemblies for the past 3 years. He is well liked by his peers and teachers.  His sporting achievements are impressive; Perpetual Motion 2011 Mullum Giants – mini player of the year 2012;  Mullum Giants – Best & Fairest player 2013 & Best Tackler ; Mullum Giants – Coaches Award 2014; North Coast PSSA Football team, which played in Sydney 2014 (rep selection); North Coast PSSA Football team, which played in Sydney 2015 (rep selection); Zone Athletics for Discuss (last three years); Zone Athletics Basketball representative.  Harrison wants to be a professional football player and one day play for the Indigenous team.  

Winner - Kaliyah Browning.  Our female Aboriginal Sportsperson of the Year goes to a young girl who takes pride in herself, family and her Aboriginal culture. She attends Brunswick Heads Primary School and is 8 years old. She assists and participates at all NAIDOC and Aboriginal events at her school, she loves sharing her culture and educating others around her.   She is always willing to help people, does her very best and is a member of the Deadly Dancers. She plays AFL on Sundays for Under 9’s girls’ team for Brunswick Heads.  She loves soccer, trains every day and plays soccer for Ocean Shores United under 9’s.   She is the only girl in the under 9’s Far North Coast High Performance Squad.   She represented Far North Coast HPS at the gala day at Coffs Harbour.  Kaliyah wants to be the first girl to play for the Socceroos – NOT the Matilda’s.

    Aboriginal Artist of the Year 

Winner - Kaitlyn Clarke.This award goes to an empowering young person who is kind and thoughtful to others. Kaitlyn’s art is emerging and her style is uniquely hers; the attention to detail is impressive for a young person.  She is a proud Aboriginal young woman who has showcased some incredible pieces for Byron Shire Council’s Reconciliation exhibition, Youth Arts’ competition and has facilitated cultural painting workshops for the wider community.  She is dedicated, reliable and respectful to her elders and a role-model for younger jarjum.  Kaitlyn is also a member of the Dubay Dancers who perform each year at Aboriginal events, community events and large festivals.  

    Elder of the Year

Winner - Peter Birch – Marshall.

This award goes to an exceptionally talented person who is a brother or uncle to all those who meet him.   A person who loves to share his culture, encourages young people to stand tall and be proud of their culture.  Peter will share his knowledge with passion, take the time to listen and guide our young people.  A huge supporter of community events, over the years he has given his time and energy freely to have his culture promoted and respected.  On many occasions people from the community have asked him to perform at special openings, perform smoking’s at funerals and wakes – he does this with love and care for his community. He is a member of the local Bygal Dance group, an Aboriginal educator for Dolphin Dreaming and also a deadly artist with a talent in landscapes and his totem animals.

 

3.   Arakwal Film Night

This event is coordinated by Flickerfest, Island Quarry and the Arakwal, held at the Byron Community Centre. Highlights included the following short films:

·  Bush Mechanics: (11mins) It will take all of their bush ingenuity to keep their car running and themselves alive.

·  One Fine Day: (10 mins) A young woman comes to realise that some things in life are beyond her control.

·  High Tide: (10 mins) Can Jamie set his fishing line aside for one night in order to catch the girl of his dreams?

·  How Do We Get To Space: Love Punks & Satellite Sisters: (27 mins) Something is happening in one of the hottest and most remote places of the world.

 

4.   Mullumbimby NAIDOC Week Family Fun Day

 

This event was coordinated by the Mullumbimby & District Neighbourhood Centre, BSC, the Arakwal, NPWS, Dhinawan Dreaming and the Sisters for Reconciliation.  The Mullumbimby NAIDOC Week Family Fun Day showcased local Aboriginal culture, music, art and craft.  Workshops were held throughout the day to include cultural and children’s activities.  The event was very popular, well attended throughout the day, even during brief winter showers in the open.

 

5.   Bundjalung Family and Cultural Day and March, Byron Bay

 

The Bundjalung Family and Cultural Day and March is the flagship NAIDOC Week event which sees the Bundjalung come together to celebrate culture. Organised by the Arakwal with NPWS, BSC and community groups.  The march was vibrant and passionate with dancers and musicians following Auntie Dulcie’s police escort through the streets.  The event showcased culture and dance, incredible sacred earth ceremonial installation, keynote speakers, stalls, children’s activities and food.

 

Financial Implications

 

From existing budget 2331.065

 

Statutory and Policy Compliance Implications

 

Native Title Act 1993

Local Government Act 1993

Land Rights Act 1984

Arakwal MoU 2013