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

Arakwal Room, Byron Bay Library

Date

Wednesday, 24 August 2016

Time

10.00am

 

 

 

 

 

 

Mark Arnold

Director Corporate and Community Services                                                                    I2016/903

                                                                                                                                    Distributed 17/08/16

 

 


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 25 May 2016

4.    Business Arising From Previous Minutes

5.    Staff Reports

Corporate and Community Services

5.1       Arakwal area at Byron Bay Cemetery.............................................................................. 4

5.2       Aboriginal Cultural Heritage Study Grant.......................................................................... 7

5.3       Development of formal agreement with Tweed Byron Local Aboriginal Land Council.. 32

5.4       Indigenous Language Arts and other Project Update..................................................... 47

5.5       Formation Aboriginal Services Coalition....................................................................... 126   

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            5.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 5.1             Arakwal area at Byron Bay Cemetery

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Community Project Officer

File No:                        I2016/869

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report seeks to provide an update into the establishment of an identified area for the Bundjalung of Byron Bay, Arakwal People in the Byron Bay Cemetery.

  

 

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee note the progress of the investigations into the establishment of an identified area for Arakwal People in the Byron Bay Cemetery and the request for the provision of further details to Council on the matter.

 

 

 

 


 

Background

 

At the December 2015 meeting Council resolved that the Arakwal MoU Committee seek 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 (15-630).

 

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.

 

Delta Kay, an Arakwal woman, provided the following information on the cultural significance of the designated area at the Byron Bay cemetery for Arakwal people.

 

“The Byron Bay cemetery is where our grandparents – Jimmy and Linda Kay are buried.

Burial places hold a special significance for Aboriginal people.  Being laid to rest in your own “belonging place” or “Country” ensures the deceased person’s spirit is returned back to their “belonging place”.  It is culturally significant to practice our religious beliefs and customs when an Arakwal member passes away.  Due to dispossession, segregation, assimilation, past government policies….. We only ask for an area to bury or lay to rest the cremated remains of our future people on our “belonging place”.

 

Report

 

On 14 June 2016 Council’s Technical Officer, Open Spaces, Andy Erskine met with Delta Kay and Gavin Brown from the Arakwal for a site inspection at the Byron Bay Cemetery.  At this meeting a site was proposed for future use for the Arakwal (Figure1).

 

Figure 1 : Proposed site for Arakwal area in the Byron Bay cemetery.


 

At this meeting the following was discussed:

 

1.     A surveyor would be required to map out a couple of different options including curved rows to which the topography of the site lends itself to.

2.     Ground radar prior to final commitment to design as there are remnants of old graves in the surrounding bush.

3.     Arakwal to take these layouts and cemetery furniture protocols to the Arakwal Board for discussion.

4.     Research into a modern and practical design.

5.     Clarify the process on who can access burial in the Arakwal area of the cemetery.

6.     Revision of Council’s cemeteries policy to include process for the Arakwal area of the cemetery.

 

Financial Implications

 

Further investigations are required into the ongoing costs of this project. There is currently no specific allocation of funds for this project from existing budgets, and a budget will need to be allocated by Council for the project. 

 

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                                            5.2

 

 

Report No. 5.2             Aboriginal Cultural Heritage Study Grant

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Community Project Officer

File No:                        I2016/870

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report provides an update on grant application for Stage One of the Aboriginal Cultural Heritage Study.  Council were successful in receiving part funding from the Office of Environment and Heritage of $25,000 for this project.

  

 

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee note that $25,000 has been accepted to deliver Stage One of the Aboriginal Cultural Heritage Planning Study.

 

Attachments:

 

1        Aboriginal Heritage Planning Study 2016 - Application Support, E2016/74527 , page 10  

 


 

Background

 

The Arakwal Memorandum of Understanding states:

 

1. Culture and Heritage

Council will work in partnership with the Bundjalung of Byron Bay Arakwal People to ensure preservation of cultural practices, traditional sites, significant places and expressions of cultural identity.

 

1.1     Culture and Heritage: Guiding Principles

1.1.1  Cultural Protection and Revitalisation

1.1.2  Access to land

1.1.3  Sharing Information

1.1.4  Environmental Protection and Education

 

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.

 

Council staff applied for the Aboriginal Cultural Heritage Application through the Office of Environment and Heritage on 16 December 2015.  This is the second application Community Development staff have made to the Office of Environment and Heritage for this project.  The scope of works was revised in consultation with key stakeholders including the Bundjalung of Byron Bay Arakwal People and Tweed Byron Local Aboriginal Land Council. 

 

Report

 

On 20 June 2016 Council received notification that it was successful in receiving $25,000 (ex GST) for the Byron Shire Council Aboriginal Heritage Planning Study – Stage One”.  Council had applied for $50,000 to complete Stage One of the Aboriginal Cultural Heritage Study. Stage One of the Aboriginal Cultural Heritage Study focusses on recording known and registered sites and utilising regulatory planning frameworks to integrate these sites into Council’s Local Environment Plan (LEP). 

 

The intention of this grant application was to seek funding to implement Stage One of the Shirewide Aboriginal Cultural Heritage Planning Study for the Byron LGA.

 

Overview of Stage One of the Aboriginal Cultural Heritage Study

 

Stage One focuses on collating what is currently known on Aboriginal Heritage Sites in the Byron Shire and taking immediate action to protect Aboriginal Heritage through the instruments of Planning Legislation, the Local Environment Plan and Development Control Plans.

 

1. Literature Review including:

- Archival material

- Review of AHIMS register

- Interviews with steering committee members – qualitative research

 

2. Aboriginal Sites Survey of known sites

Working with project partners Bundjalung of Byron Bay, Arakwal People and the Tweed Byron Local Aboriginal Land Council to survey known sites and places documenting objects within these places.


 

3. Council’s Information Management Systems

Development of Council’s internal mapping layers to identify a hierarchy of criteria for Aboriginal Heritage Impact Studies and Aboriginal Heritage Impact Permits required in the Development Application process.

 

4. Amend the Development Application Process

Integrate cultural mapping into Development Control Plans and Local Environment Plan. Amend the development application process to notify applicants of the need to obtain Aboriginal Heritage Impact Permits and Aboriginal Heritage Studies from appropriate Aboriginal organisation.

 

5. Community Education

Develop a Byron Shire LGA specific suite of publications educating community on Aboriginal Cultural Heritage Protection and due diligence requirements.

 

This project will require a cross divisional approach to deliver and implement. 

 

On 19 July Council’s Aboriginal Project Officer met with the General Manager (Gavin Brown) of the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) to discuss the potential of the project with reduced funding.  Mr Brown was supportive of accepting the reduced funding and proceeding with the project and requested that the consultants be appointed through a selective, rather than open, process as he was aware of anthropologists who had been working in the Byron Shire for decades who would have cultural heritage knowledge to assist with this project.

 

Mr Brown also requested that a recommendation come from this committee to request additional funding from Council to provide Aboriginal Cultural Heritage Training for Council’s Planning staff and other relevant staff to assist with the implementation of the project.  Mr Brown requested that this training be delivered by Ashley Moran from the Office of Culture and Heritage as a recognised expert in this field.

 

The prioritisation of the Aboriginal Cultural Heritage Study will have implications on the delivery of other projects under the Arakwal MoU Implementation Plan for 2015/16 as staff and resources will be directed to this project.

 

Financial Implications

 

It is anticipated that additional Cultural Heritage Training for Council’s Planning and other relevant staff will cost in the vicinity of $5,000.  Council currently has no available funding for additional training in the 2016/17 Community Development budget.

 

A budget allocation would need to be allocated by the Council as part of the quarterly budget review process and a funding source for the budget allocation identified. This may include the reallocation of funds from an existing Training and Development Budget for this specific training program.

 

Statutory and Policy Compliance Implications

 

Arakwal MoU 2013

Native Title Act 1993

Local Government Act 1993

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                 5.2 - Attachment 1


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            5.3

 

 

Report No. 5.3             Development of formal agreement with Tweed Byron Local Aboriginal Land Council

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Community Project Officer

File No:                        I2016/873

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report outlines the preliminary discussions to formalise the business relationship between Byron Shire Council and the Tweed Byron Local Aboriginal Land Council and seeks to clarify matters and consult with the Arakwal Memorandum of Understanding Advisory Committee on the process.  The report also discusses the background to this process.

  

 

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee discuss this project and provide feedback on this matter.

 

Attachments:

 

1        Arakwal Memorandum of Understanding Implementation Plan, E2015/50307 , page 37  

2        TBLALC Initial Meeting Notes June 2016, E2016/74997 , page 45  

 


 

Background

 

This report outlines the preliminary discussions to formalise the business relationship between Byron Shire Council and the Tweed Byron Local Aboriginal Land Council and seeks to clarify matters and consult with the Arakwal Memorandum of Understanding Advisory Committee on the process.  The report also discusses the background to this process.

 

Council through Resolution 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.”

 

Council through Resolution 12-419 has also resolved:

 

“1. That Council note that there are three active Native Title claims in Byron Shire recognised

by the Native Title Tribunal, involving:

a) the Byron Bay Bundjalung (Arakwal) People

b) the Widjabul Aboriginal People

c) the Numbahjing Clan within the Bundjalung Nation.

 

2. That Council continue to recognise and formally engage with the Bundjalung of Byron Bay

Aboriginal Corporation (Arakwal) as Traditional Owners and as the Aboriginal stakeholder

with the largest parcel of land claimed under Native Title within the Byron Shire.

3. That Council also seek to acknowledge the other recognised Native Title Claimants in the

Shire (being the Widjabul Aboriginal People and the Numbahjing Clan within the Bundjalung Nation) and attempt to build partnerships with them as appropriate.

This process could include:

a) inviting relevant recognised Native Title Claimants to participate in ceremonies and

events held within their lands

b) inviting relevant recognised Native Title Claimants to participate in consultation

regarding development and planning relevant to their land claims

c) acknowledging all recognised Native Title Claimants on Council’s website, signage and

stationery, as being part of the wider Bundjalung Nation

d) establishing formalised agreements, such as Memoranda of Understanding, between

Council and recognised Native Title Claimants where relevant and appropriate.

4. That Council seek advice from the National Native Title Tribunal and/or other expert

sources on the specific obligations flowing from the Native Title claims in Byron Shire.

5. That Council continue to build relationships with the Local Aboriginal Land Councils (LALC) (being the Tweed Byron LALC and the Jali LALC) as appropriate.”

 

At the 19 August 2015 meeting of the Arakwal MoU Advisory Committee resolution 14-332 was included in the Arakwal MoU Implementation Plan for 2015/16 (refer Attachment 1).

 

Report

 

Local Aboriginal Land Councils are important Aboriginal stakeholders within the Byron Shire Council.  Local Aboriginal Land Councils (LALCs) have a degree of governance and interface with Local Councils, State and Federal Government bodies.

 

There are three Local Aboriginal Land Councils whose boundaries overlap with the Byron Shire:

 

·    Tweed Byron LALC situated in Tweed Heads

·    Jali LALC situated in Ballina

·    Ngulingah LALC situated in Lismore.

 

Local Aboriginal Land Councils have a right to be informed in the planning, protection and preservation of cultural sites and areas under the NSW Aboriginal Land Rights Act on land within their boundaries. The objectives of each Local Aboriginal Land Council are to improve, protect and foster the best interests of all Aboriginal persons within the Council's area and other persons who are members of the Council. Services include housing, legal affairs, employment, training and property acquisition and management.

 

 

Figure 1: Excerpt from Land Council Boundaries Map depicting the LALC’s overlap in Byron Shire.

 

Byron Shire Council’s relationship with the Arakwal people has grown in success and effectiveness and is integral to core business.  Council has worked closely with Arakwal to deliver on a wide range of cultural projects which benefit Arakwal people and cultural heritage and the wider community.  Council’s commitment to its relationship and work with Arakwal is fundamental. Arakwal are our primary Aboriginal stakeholder group as they have the largest land area within the Byron Shire and have established a productive business relationship since 1998. 

 

Council has a responsibility to work with the other traditional owner groups and the Local Area Land Councils as stakeholders in the protection of Aboriginal Cultural Heritage.

 

Byron Shire area has a notable lack of culturally appropriate or autonomous Indigenous services and working with Local Area Land Council’s will strengthen our network in advocating for the improvement of services for our Indigenous community.

 

On 16 June 2016 Council’s Aboriginal Projects Officer attended the Tweed Byron Local Aboriginal Land Council’s Board meeting for a preliminary discussion regarding improving business relationships and the notes of the meeting are attached for discussion (refer Attachment 2).

 

Financial Implications

 

Nil from this report

 

Statutory and Policy Compliance Implications

 

Local Government Act 1993

Native Title Act 1993

Land Right Act 1983

Arakwal Memorandum of Understanding 2013

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                           5.3 - Attachment 1

TURTLE LOGO

Arakwal Memorandum of Understanding Implementation Plan 2015-16

 

 

 

Byron Shire Council and

Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)

Memorandum of Understanding

 

Teal reverse


 

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                       5.3 - Attachment 2

 

File No:     

 

Subject:     TBLALC MoU

 

Date:                   16/06/16

 

NOTES OF MEETING HELD 16 June 2016

Tweed Byron Local AboriginalLland Council Memorandum of Understanding (MoU) with Byron Shire Council (BSC) – Initial Discussion

Tweed Byron local Aboriginal Land Council (TBLALC)

 Office– Tweed Heads

 

File No/Parcel No: 

Doc No: 

 

PRESENT:          TBLALC Board members (7) and Belle Arnold

 

 

 

Purpose of the Meeting

To discuss the development of MoU between TBLALC and BSC.

 

Identify issues:

TBLALC would like to see BSC have an Advisory Committee for Aboriginal heritage and community development issues.  I indicated that this was a long term objective following the resolution of longstanding issues between stakeholders and BSC.  The development of the MoU with TBLALC provides a terms of reference regarding our work/ relationship with them.

 

TBLALC make it clear that they want to be included on Cultural heritage Matters and that:

 

1.   TBLALC have been looking after Aboriginal Cultural Heritage matters since the 1980’s and have a lot of knowledge of sites and artefacts. 

2.   TBLALC emphasises that protecting Aboriginal Cultural Heritage is their core business and are an external advocate from NPWS who also have the authority to issue Consent to destroy and consent to remove regarding Aboriginal Cultural Heritage items

3.   Clear consultation processes with Planning and Heritage Committee

 

TBLALC Made it clear that a priority project is to get the 3 house sites that were rezoned for Environmental Protection in the 1980’s back to being zoned for residential purposes.  They request that the cost of rezoning be met by Council as the rezoning occurred without consultation.

 

Additional Priorities

1.   Access to important places including beaches for elders and community members to continue cultural practice,

2.   Working with other key stakeholders to create protocols identifying cultural responsibilities for country and who can speak for country as a custodian

3.   Social/ Affordable housing,

4.   Health issues –as a matter of priority Council to send a letter regarding the lack of culturally appropriate mental health support for Indigenous people in the Byron Shire for TBLALC to raise with regional health committee.

 

Outcomes:

 

TBLALC board members were very keen to progress this process as a matter of priority.

 

Agreed Actions:

 

1.   Find out about the process of rezoning house for next meeting

2.   Hold a workshop to flesh out the MoU

3.   Invite Mark Arnold to attend

 

 

 

 

 

 

 

 

……………………

Belle Arnold

Communtiy Development Aboriginal and CALD

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            5.4

 

 

Report No. 5.4             Indigenous Language Arts and other Project Update

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Community Project Officer

File No:                        I2016/874

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report provides an update into the delivery of the grant funded language revitalisation project Singing Up Country.

  

 

RECOMMENDATION:

1.       That the Arakwal Memorandum of Understanding Advisory Committee note the progress of this project.

 

2.       That the Arakwal Memorandum of Understanding Advisory Committee nominate any additional Cultural Language Workers to be involved in the project.

 

Attachments:

 

1        Bundjalung Colouring In Book Information, E2016/74560 , page 50  

2        Indigenous Language Arts Program Steering Committee Meeting 1, E2016/76740 , page 52  

3        Singing Up Country Application Information, E2016/74556 , page 67  

4        Gharigan Soundshell, E2016/74894 , page 124  

 


 

Background

 

The Arakwal Memorandum of Understanding states that:

 

1. Culture and Heritage

Council will work in partnership with the Bundjalung of Byron Bay Arakwal People to ensure preservation of cultural practices, traditional sites, significant places and expressions of cultural identity.

 

1.2.1 Arakwal Language Revitalisation

Council to advocate for, and support the development of, an Arakwal language revitalisation program under the direction of the Arakwal.

 

The Singing Up Country Bundjalung Language Project was developed by Council staff in partnership with Delta Kay (Arakwal/ NPWS) and Dhinawan Baker (Deadly Dancers/ Bunyarra Culture Collective) with support from other key stakeholders.

 

Report

 

The following information is provided as an update on current projects.

 

Indigenous Language Arts Project

 

The Bundjalung Colouring In Book component of the project has commenced with an entry form currently in circulation (refer Attachment 1).  The closing date for this has been updated to 31 August 2016.

 

The Singing Up Country Bundjalung Language Steering Committee Meeting was held on Thursday 2 June from 9:30 - 11:30 in the Byron Shire Council Chambers as part of Reconciliation Week 2016.  The meeting discussed the objectives of the project (refer Attachment 2).

 

·    A language map naming important places in Bundjalung Language in the Byron Shire

·    A colouring-in book

·    Language Choir

·    Recreation of songs and dances in the Byron Shire

 

Project Coordination Team

The project team is made up of the people who worked together to secure the funding for the wider community. 

·    Byron Shire Council – Belle Arnold Project Coordinator

·    Language Consultant Coordinator (Men) – Dhinawan Baker

·    National Parks / Arakwal – Delta Kay

·    TBLALC – Leweena Williams

Due to the number of cultural language workers that are men it is culturally appropriate for the project to be delivered with male and female project workers.

The next stage of the project is for the Language Consultant Coordinator (Men) to engage the following Cultural Language Workers (Men) in the process of collecting language and information relating to the project, especially the language map:

·    Uncle Lewis Walker (Wider Bundjalung – Supported application)

·    Uncle Magpie Currie (Minyunbul - Supported application)

·    Norman Graham (Arakwal)

·    Gavin Brown (Arakwal)

·    Brian Roberts (Arakwal)

·    Uncle Des Williams (TBLALC - Supported application)

·    Uncle Glenn Rhodes (Bundjalung Language Nest)

·    Uncle Tim Ives (Bundjalung Language Speaker and local resident)

·    Uncle Athol Crompton (Minjungbal)

·    Uncle Dave Kapeen (Transport)

·    Slabb Family (Fingal/ Minjungbal)

·    Scott Sentence (Education)

Gharigan Dance Project

 

The Gharigan Dance project was established as part of the dance workshop component of this project involving 17 local aboriginal dancers.  The dancers worked together to develop a contemporary dance piece, the story centred around wetland birds, the central bird character was the crane or gharigan.

 

Dancers took part in an 8 week dance workshop series and two full day intensives and performed this at the recent Splendour in the Grass festival.  Gharigan has 3 acts and the full duration of the piece is 60 minutes.  A contemporary sound track was developed, four new dances were created and all the participants developed their own bird characteristics.  Gharigan will be performed on 13 September as a free community event at the Brunswick Heads Soundshell.  At this event donations will be collected and given to the Bundjalung Elders Council.

 

The Singing Up Country project will facilitate additional dance workshops to engage additional dancers.

 

Financial Implications

 

From grant funded budgets.

 

Statutory and Policy Compliance Implications

 

Local Government Act

Arakwal Memorandum of Understanding

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                 5.4 - Attachment 1


 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                           5.4 - Attachment 2


 


 


 


 


 


 


 


 


 


 


 


 


 


 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                 5.4 - Attachment 3


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                 5.4 - Attachment 4


 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            5.5

 

 

Report No. 5.5             Formation Aboriginal Services Coalition

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Community Project Officer

File No:                        I2016/875

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report outlines the development of an Aboriginal Services coalition which aims to increase the delivery of culturally appropriate services to the Indigenous community in the Byron Shire.  This report seeks to consult with the Arakwal MoU Advisory Committee and ensure Arakwal are represented in this process.

  

 

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee note and endorse the work of the Aboriginal community to develop an Aboriginal Services Coalition with the objective to improve and increase the delivery of culturally appropriate aboriginal services in the Byron Shire.

 

Attachments:

 

1        Aboriginal Services Coalition - Meeting Notes 1, E2016/76756 , page 128  

2        Aboriginal Services Coalition - Meeting Notes 2, E2016/76842 , page 142  

 

 


 

Background

 

On 3 February 2015, North Coast Area Health Service (NCAHS) held a community consultation meeting for the development of a five year strategic plan for delivery of Aboriginal health services in Byron Shire.  Council staff assisted NCAHS in engaging the community to attend the meeting and provided the Council Chambers as a venue for the meeting. Council staff identified this meeting as an important opportunity for the community to highlight the need for increased service delivery.

 

Feedback from the community highlighted that the NCAHS attitude to local needs was inadequate. Jan Barham MLC reported the community’s experience to the Minister for Health.  Department of Aboriginal Affairs prepared a report into Aboriginal Service Delivery in Byron Shire in February 2015.

 

In March 2015 and 2016 Council staff worked in partnership with Tweed Byron Local Aboriginal Land Council, Aboriginal Sexual Health Educator (NCAHS), Medicare Local (now Primary Health Care Network) and the Mullumbimby and District Neighbourhood Centre to deliver a Byron Shire Aboriginal Services Expo for the community. 

 

Report

 

On 27 July 2016 a meeting was held at the Mullumbimby Neighbourhood Centre to discuss the formation of an Aboriginal Services Coalition (Attachment 1). On 8 August 2016 a supplementary meeting was held (Attachment 2). 

 

The objectives from the Aboriginal Service Coalition are:

 

•     Community to have access to services in community health, housing, education, employment

•     Locally based and engaged services that are accessible and targeted to community health, housing, education, employment

•     Visible and vibrant Aboriginal community

•     A referral point, first point of contact in main street – easy and visible access and a space for culturally appropriate service delivery

 

The group is having a community meeting on 17 October in the Mullumbimby Civic Hall to consult with the local Indigenous community about service provision and to develop a submission to government advocating on behalf of the community.

 

This report seeks to consult with the Arakwal MoU Advisory Committee and ensure Arakwal are represented in this process.

 

Financial Implications

 

Nil from this report

 

Statutory and Policy Compliance Implications

 

Local Government Act 1993

Arakwal MoU 2013

Closing the Gap

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                           5.5 - Attachment 1


 


 


 


 


 


 


 


 


 


 


 


 


 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                           5.5 - Attachment 2