Minutes of Meeting










Arakwal Memorandum of Understanding Advisory Committee Meeting





Arakwal Room, Byron Bay Library


Wednesday, 25 November 2015












Arakwal Memorandum of Understanding Advisory Committee Meeting Minutes  25 November 2015




Minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on Wednesday, 25 November 2015

File No: I2015/1473


Cr Spooner (Chair) opened the meeting at 10.00am and acknowledged that the meeting was being held on Bundjalung Country and paid respect to Elders past and present.


Present:          Crs Spooner and Richardson

Committee      Delta Kay and Annette Kelly

Staff                Mark Arnold (Director Corporate and Community Services)

Belle Arnold (Indigenous Projects Officer)

Catherine Knight (Coastal and Estuary Officer)
Lisa Brennan (Minute taker)




There were apologies received from Gavin Brown and Judy Kay.


Committee Recommendation:

That the apologies from Gavin Brown and Judy Kay be accepted and leaves of absence granted.


The recommendation was put to the vote and declared carried.


Declarations of Interest – Pecuniary and Non-Pecuniary


There were no declarations of interest.


Adoption of Minutes from Previous Meetings


Committee Recommendation:

That the minutes of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 19 August 2015 be confirmed..                                                                                             (Richardson/Spooner)


The recommendation was put to the vote and declared carried.


Business Arising from Previous Minutes


There was no business arising from previous minutes.



Staff Reports - Corporate and Community Services

Report No. 5.1             Clarkes Beach Midden Update

File No:                        I2015/1376


Committee Recommendation:

That the Arakwal MoU Committee note the actions taken by Council in the investigation and progressing of a resolution of the issues impacting on the Clarkes Beach Midden.


The recommendation was put to the vote and declared carried.




Report No. 5.2             NAIDOC Week Street Banners

File No:                        I2015/1379


Committee Recommendation:

1.    That the Arakwal MoU Advisory Committee note the creation of Aboriginal themes street banners.


2.    That information on sourcing additional banner poles for all towns be provided for the next meeting.                                                                                                                      (Spooner/Richardson)


The recommendation was put to the vote and declared carried..



Report No. 5.3             Aboriginal and Torres Strait Islander Peoples Programs Update

File No:                        I2015/1384


Committee Recommendation:

That the Arakwal MoU Advisory Committee:


1.    Note and provide its endorsement to the Council’s commitment to the delivery of Aboriginal and Torres Strait Islander Programs and Projects in the period from July 2015 to November 2015.


2.    Note the importance of these projects in building the networks within the local Aboriginal and Torres Strait Islander community.                                                                                     (Spooner/Richardson)


The recommendation was put to the vote and declared carried..




6.2  Public Art Project


There are currently two projects to paint water towers in Paterson Street and near the Lighthouse, which are both close to the Arakwal National Park.  Discussion on which artists would be painting each tower and the process involved, noting that the Public Art Assessment Panel has supported the projects.  Paterson Street tower is visible from many areas and from quite a distance; potential for this to be an iconic artwork.


6.3  Criminal Justice Centre promotional material


Brochures have been provided at the front counter of Council which customer service staff perceived as offensive.  One brochure targeted at Aboriginal people was stereotypical, and presumed not created in consultation with Aboriginal people.  The Committee recognised that it was important to get the information out there; but the layout and photos used in the brochures could be insensitive.  Belle to contact the Criminal Justice Centre and provide feedback.



6.4  Ti Tree Lake Update


Mark advised that the matter was with the Land and Environment Court, with judgment due before Christmas.  Applicant made a commitment during the hearing that, should they be successful, they will fence the area between the development and the lake.


There is a development application on exhibition for the southern end of Ti Tree Lake.  Belle met with NPWS yesterday and was asked why Arakwal were not consulted as part of this DA process.  Belle provided a copy of the DA and noted that staff were mostly trying to keep Arakwal informed, but this did not always happen.  Consultations with Arakwal need to be documented, more outreach to Council staff required.  Belle would like to apply for funding to conduct a cultural survey to enable information to be added to Council’s GIS system.  For a site to be recognised there must be a Cultural Heritage Study done and then it is to be incorporated into Council’s LEP.


Committee Recommendation:

That a layer be created in Council’s GIS system capturing where the Aboriginal Heritage Information Management Systems (AHIMS) sites are located.                                             (Spooner/Richardson)


The recommendation was put to the vote and declared carried.


The Plan of Management also discussed at yesterday’s meeting.  Questions were raised on septic and other issues, but process working very well.  Could use Aboriginal Projects budget for signage on Council land.  Access required for fire and service vehicles.  Blocking pedestrian access would also stop dumping of rubbish, illegal campers, etc.


Council’s Plan of Management needs to complement NPWS – sportsground should read “community land - natural area”.  May need amendment to LEP, or resolution of Council, process to go through.  Council is widening Broken Head Road and staff consulted with Arakwal regarding bio banking.  Arakwal want compensation area to be near the gated area, not in Mullumbimby as suggested by Council staff on site.  Follow up required.


6.1  CZMP Update


Catherine Knight attended the meeting and provided a verbal update.   Since she last addressed the Committee 6 months ago the management study has been finalised, and there is now a Council resolution that rejects consideration of transferring sand from Tallow Beach to nourish Belongil Beach. 


The Coastal Hazard Management Study Byron Bay Embayment (management study) was tabled at the Council meeting last week, and is now on Council’s website.  Council is still to determine an overall management strategy for the Coastal Zone Management Plan Byron Bay Embayment (CZMP), including the Belongil precinct.  This decision has been delayed as further analysis is required concerning the economic impacts of the various management options being considered.  A workshop will be held in early December to discuss the economic analysis already undertaken on the various management options and to work together collaboratively on matters raised by the Office of Environment and Heritage (OEH). This will be attended by staff, the consultants and the OEH.


The next CZMP PRG meeting is 17 December.  The aim is to distribute draft chapters of the CZMP - Community uses section (including Aboriginal section) and Open Coast Ecosystem Health section prior to the PRG meeting.



6.5  Arakwal People Cemetery Provisions


Delta asked for an update on this issue.  Mark advised that the minutes from this Committee’s last meeting were being reported to Council on 10 December, and this matter is included in those minutes.



There being no further business the meeting concluded at 12.09pm.