Agenda of Arakwal Memorandum of Understanding Advisory Committee Meeting

CONFLICT OF INTERESTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Disclosure and participation in meetings

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

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

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

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

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

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

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

Non-pecuniary Interests - Must be disclosed in meetings.

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

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

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

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

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

RECORDING OF VOTING ON PLANNING MATTERS

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

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

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

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

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

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

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

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

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1

Staff Reports - Corporate and Community Services

Report No. 4.1 Arakwal Mou Implementation Plan 2017/18

Directorate: Corporate and Community Services

Report Author: Belle Arnold, Community Project Officer

File No: I2017/218

Theme: Society and Culture

Community Development

Summary:

The report provides a review of actions delivered from the Arakwal Memorandum of Understanding Implementation Plan 2015-16 and additional project outcomes from the Arakwal Memorandum of Understanding.

This report presents the Arakwal Memorandum of Understanding Implementation Plan for 2017-18 and outlines the priority projects for the identified timeframe.

RECOMMENDATION:

1. That the Arakwal MoU Advisory Committee note the progress on the implementation of the Arakwal Memorandum of Understanding for the reporting period 2015-16.

2. That the Arakwal MoU Advisory Committee identify priority projects from the Arakwal MoU for implementation in 2017-18.

Attachments:

1 Arakwal Memorandum of Understanding Implementation PLan 2015-16, E2015/50307 , page 6⇩

2 Arakwal Memorandum of Understanding 2017-18, E2017/10678 , page 13⇩

3 Arakwal Memorandum of Understanding , E2013/45000 , page 17⇩

Report

Council staff have completed a comprehensive review of the Arakwal Memorandum of Understanding Implementation Plan 2015/16. Some of the projects within this plan have commenced and are long term projects which have not yet been completed and as such have been carried over to the 2017/18 Implementation Plan.

In addition to the projects identified in the Arakwal MoU Implementation Plan 2015/16 the following was also implemented:

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 2015 and 2016. In 2014 Council commenced the Byron Shire NAIDOC Week award program to acknowledge the achievements and contributions of the Indigenous community and this has continued to develop. Council coordinated a Reconciliation Week program with local schools in 2015 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 - 17.

Council staff developed the Arakwal Memorandum of Understanding Implementation Plan 2017/18 (Attachment 2) including the above items and projects currently actioned within other works schedules of Council. This document is in draft form and is subject to the outcomes of discussions from the Arakwal MoU Advisory Committee. Proposed priority projects for 2017/18 include:

a) 4.2.4 Implement cultural awareness induction

b) 3.2.1 Develop and Implement an Employment Strategy

c) 1.2.2 Ti Tree Lake (Taylors Lake)

d) 2.2.2 Consultation processes for development applications and other matters in regards to public lands

e) 3.2.2 Arakwal Cultural Centre Council to continue to support the development of the Arakwal Cultural Centre and assist with applications for funding.

f) 4.2.2 Protecting Wetlands

g) 5.2.3 Sandhills Estate

h) 5.2.5 Aboriginal health

i) 5.1 Arakwal area at the Byron Bay Cemetery

j) The Arakwal Memorandum of Understanding Advisory Committee will provide a review of the Memorandum of Understanding to the parties five years from the signing of the agreement.

Financial Implications

Nil from this report

Statutory and Policy Compliance Implications

Native Title Act 1993

Local Government Act 1993

Arakwal Memorandum of Understanding 2013

Arakwal Memorandum of Understanding Implementation Plan 2015-16

Item No.	MoU No.	Priority Action	Strategic Actions	Status
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	Complete/ Ongoing
1	4.2.4		ii. Deliver cultural awareness training to Council staff outside the head office.	Incomplete/ Carry Over
2	3.2.1	Develop and Implement an Employment Strategy	i. Refer to the Reconciliation Action Plan	Incomplete / Carry Over
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.	PoM Adopted by Council Projects Commenced Successfully stopped development application for housing development at the Broken Head Quarry
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.	Successful funding application from Office of Environment and Heritage for Byron Shire Council to undertake Stage 1 of a shire wide Aboriginal Cultural Heritage Study. Aboriginal Cultural Heritage Study commenced 08/02/2017 Continue to work with SEE directorate to streamline consultation processes within Council’s development application process Commenced process to formalize Council’s working relationship with Tweed Byron Local Aboriginal Land Council.
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.	Carry Over
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)	Commenced/ Carry Over
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	Ongoing
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.	Council has both written to Crown Lands and held discussions on the transfer of the residual Land. The discussions held have referred both to the Land Claim lodged by NSW Land Council over the Sandhills Estate and the potential transfer of Crown Lands to Local Councils proposed under the Crown Lands White Paper - Ongoing – Carry over
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.	Aboriginal Services Coalition Formed. Carry over
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.	Aboriginal Services Coalition Formed. Cultural Restoration projects through grant funding : I Will Blow the Fire 2015 Seasonal Styles 2015/6 Signing Up Country 2016 Ongoing

Arakwal Memorandum of Understanding Implementation Plan 2017-18

Item No.	MoU No.	Priority Action	Strategic Actions	Status
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
1	4.2.4		ii. Deliver cultural awareness training to Council staff outside the head office.
2	3.2.1	Develop and Implement an Employment Strategy
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.	Ti Tree Lake Plan of Management i. Signage ii. Road Closure iii. Water quality testing
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.	i. i. Complete Stage 1 of Byron Shire Aboriginal Cultural Heritage Study ii. iii. ii. Integrate Information obtained through Cultural Heritage Study into LEP , iv. v. iii. Identify funding and partnerships for further stages of the study
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.
6	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	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.
8	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 centers, health promotion services and brokerage services.	i. Work with community stakeholders to identify 5 year strategic plan for Aboriginal Services in the Byron Shire ii. Continue to advocate and lobby for funding, services and programs for the Aboriginal Community in the Byron Shire
9	5.1	Arakwal area at the Byron Bay Cemetery
10		The Arakwal Memorandum of Understanding Advisory Committee will provide a review of the Memorandum of Understanding to the parties five years from the signing of the agreement.	i. Review the progress of the Arakwal MoU

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2

Report No. 4.2 Arakwal Area at the Byron Bay Cemetery Update

Directorate: Corporate and Community Services

Report Author: Belle Arnold, Community Project Officer

File No: I2017/219

Theme: Society and Culture

Community Development

Summary:

This report provides an update to the scoping and investigation stage of the Arakwal identified area of the Byron Bay Cemetery.

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee note the progress on this project and provide further direction for the next stage of this project.

Report

This report provides an update to the scoping and investigation stage of the Arakwal identified area of the Byron Bay Cemetery. This project is highly sensitive and important to the cultural integrity of the Bundjalung of Byron Bay, Arakwal People and has been given priority due to the frail condition of Arakwal Elders and Community Leaders.

Council at its Ordinary meeting held on 15 December 2017 resolved as follows:-

16-619 Resolved that Council allocate an initial budget of $2,200 to undertake scoping and investigation for the establishment of an Arakwal Area in the Byron Bay Cemetery and that the funding source is identified in the December 2016 Quarterly Budget Review.

The budget allocation is to complete the following works:

Stage 1 scoping/investigation:

The estimated cost for the scoping and investigation of the site will be approximately $1,000. This work would involve a number exploratory test holes to be dug and the soils analysed. Surveyor costs would be an additional $1,200.

Stage one total: $2,200

This scoping work is required to determine that this area is feasible and to allow for further consultation indicated as required in Stage Two.

Scoping and investigative work has been undertaken by Council’s Technical Officer, Open Spaces and Reserves. No impediments to proceeding in the nominated area were identified. The surveyor has been directed to prepare a curved layout that makes best use of the hillside in the allocated space.

Figure 1 shows the identified area and proposed design of bench shape which allows for best use of space.

Stage Two of the Arakwal Area in the Byron Bay Cemetery project is the construction stage and will require further development to include:

1. Additional consultation with the Bundjalung of Byron Bay in relation to capacity, design, cultural principles and administrative policies,

2. Further scoping of construction costs based on the outcome of consultation

3. Further design work for the area and the columbarium wall

4. Development of associated policies for the implementation of the project

5. Actual layout/ construction on site.

Figure 2. Example of modern columbarium design

Council’s Technical Officer, Open Spaces and Reserves, Andy Erskine will attend the 2 March 2017 meeting to provide additional information regarding the project.

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 4.3

Report No. 4.3 Byron Shire Aboriginal Cultural Heritage Study

Directorate: Corporate and Community Services

Report Author: Belle Arnold, Community Project Officer

File No: I2017/220

Theme: Society and Culture

Community Development

Summary:

This report provides an update to the Byron Shire Aboriginal Cultural Heritage Study including the minutes from the Byron Shire Aboriginal Cultural Heritage Study Steering Group Meeting 1.

RECOMMENDATION:

That the Arakwal MoU Advisory Committee note the progress of the Aboriginal Cultural Heritage Study 2017.

Attachments:

1 Aboriginal Cultural Heritage Study Steering Committee Meeting 1 Minutes, E2017/10308 , page 38 ⇩

2 Aboriginal Cultural Heritage Study Group Terms of Reference, E2017/7583 , page 45 ⇩

3 Byron Shire Aboriginal CH Study, E2017/11110 , page 53 ⇩

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.

1.2.4 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.

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).

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.

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 2017/18 as staff and resources will be directed to this project.

Report

On 27 January 2017 the selective tender process which prioritised heritage consultants with experience in Aboriginal Cultural Heritage in the Byron Shire closed.

On 8 February 2017 the Aboriginal Steering Group for this project met to consider the submissions. The Byron Shire Aboriginal Cultural Heritage Study Steering Committee is comprised of members from the Bundjalung of Byron Bay Arakwal People, Tweed Byron Local Area Land Council, Office of Environment and Heritage Staff and Byron Shire Council Staff. Minutes from this meeting are attached (Attachment 1).

At this meeting Everick Heritage Consultants were awarded the tender to undertake the Byron Shire Aboriginal Cultural Heritage Study (Attachment 3). This project is to be completed by 17 May 2017.

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

Native Title Act 1993

Local Government Act 1993

Arakwal MoU 2013

National Parks and Heritage Act 1974

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3 - Attachment 1

	Agenda Item	Discussion	Outcomes	Follow Up Actions
1	Project Objectives for Aboriginal Stakeholders	Clarification of Scope of Project – Stage 1 of Byron Shire Aboriginal Cultural Heritage Study Stage One: 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 - 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 Develop 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 in to 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.	Important to note that some sights are more sensitive than others Protect the culturally sensitive. information, not all the information is for public access. Discussion on the need for a rigorous management system for culturally sensitive information. It was identified that the role of this committee is to ensure this project adheres to Aboriginal Cultural Principles in relation to how the information is collected and collated as well as how the information is stored and accesses. Intellectual property of the information remains with the Aboriginal Community.	Develop MoU on Intellectual Property Rights with Aboriginal partners Investigate Tweed Shire Council’s alert system and restricted access system
2	Review and confirm TOR	The Byron Shire Council Aboriginal Cultural Heritage Study Steering Committee Terms Of Reference E2017/7583 document was presented for consideration.	Minor amendments were made to this document specifically in relation to quorum and decision making processes. It was reiterated that the input from the Aboriginal Community was to be paramount throughout this process as they are the experts in Aboriginal Cultural Heritage.	Amendments to the Study Steering Committee Terms Of Reference were made and the document was adopted.
3	Assessment of RFPs	Request for Quotation from Everick Consultants was tabled as the only one submitted. Jackie Collins was also approached as an experienced anthropologist in the region but was unable to commit to the specified time frame. TBLALC raised concerns regarding their experiences with Everick. Concerns were around pro development, bringing people from outside community to discredit Aboriginal evidence and questioned their ethics. Discussed consultation with formal and informal stakeholders and how to prioritise and credit information provided by individuals or informal stakeholders through an approval process managemed by this committee.	Adrian Piper from Everick was identified as the preferred project lead	Everick appointed the contract for the Byron Shire Aboriginal Cultural Heritage Study on conditions: · Adrian Piper is the project lead from Everick · Ethics document for the project to be developed for consultants inception meeting · Everick project team to be briefed regarding concerns at inception meeting. · Clarification of intellectual property rights of the information and the restricted use of this information.
4	Time frame for project	Short Project time frames identified as shown in figure 1 below. Conce4rns that the short time frame will have negative impacts on the project.		Final report to stress that this study is not the complete version of the existence of sites in the area and that excavation could unearth unrecorded sites or objects.
5	Meeting schedule for group			To be finalised after the inception meeting with Everick.
6	Cultural principles for project	Ensure cultural principles outlined in the Terms of Reference are adhered to and in addition: - Gender ownership of sites - How information is made available to custodians on completion of project - Aboriginal Stakeholders to work together for the benefit of the wider community and protection of Aboriginal Cultural Heritage.		Cultural principles of sites must be adhered to in the process of this survey. Ongoing discussion
	Other			Request to see additional council’s existing mapping layers to get an idea of what the Aboriginal Cultural Heritage Mapping Layer will look like.

Time Frame for Project (fig 1)

Milestones

Completion

1. Pre-Commencement

· Steering committee established o RFQ terms agreed and preferred consultants identified · Acceptance of Brief / Inception meeting	23 December 2016 30 January 2017
2. Draft Study
· Literature Review as per scope · Site survey report · Identification of appropriate sites for internal GIS mapping layer for reference in Development Application process · Make recommendations for amendments to the DCP and LEP as appropriate · Review OEH and other local government community education publications for adaptation and use in the Byron Shire	31 March 2017

3. Completion of Study
· Submission of 1st Draft / Review by Steering Committee	21 April 2017
· Presentation of revised Draft to Steering Committee	28 April 2017
· Submission of final report to OEH	15 May 2017

Time Frame for Project (fig 1)

Milestones

Completion

1. Pre-Commencement

· Steering committee established o RFQ terms agreed and preferred consultants identified · Acceptance of Brief / Inception meeting	23 December 2016 30 January 2017
2. Draft Study
· Literature Review as per scope · Site survey report · Identification of appropriate sites for internal GIS mapping layer for reference in Development Application process · Make recommendations for amendments to the DCP and LEP as appropriate · Review OEH and other local government community education publications for adaptation and use in the Byron Shire	31 March 2017

3. Completion of Study
· Submission of 1st Draft / Review by Steering Committee	21 April 2017
· Presentation of revised Draft to Steering Committee	28 April 2017
· Submission of final report to OEH	15 May 2017

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3 - Attachment 2

1. Preamble

The Aboriginal Cultural Heritage Study Steering Committee is a steering committee for a specific project (the Byron Shire Aboriginal Cultural Heritage Study) and does not have executive power or authority to implement actions.

The role of the committee is to report to the Project Team and provide appropriate advice and recommendations on matters relevant to this Terms of Reference.

2. Purpose

The purpose of the Aboriginal Cultural Heritage Study Steering Committee is:

1. To ensure Aboriginal stakeholders are represented in the Aboriginal Cultural Heritage Study

2. To ensure Aboriginal Cultural principles are respected through the process of the study

3. To achieve the objectives of the Aboriginal Cultural Heritage Planning Study - to research and identify Aboriginal cultural heritage sites occurring within the Byron Shire local government area for inclusion in the Byron Shire Local Environment Plan.

Council acknowledges that Aboriginal people are the original inhabitants of the Byron Shire and that according to their continuing law, traditions and customs it remains their traditional country. Council also acknowledges and respects the Arakwal Corporation’s right to speak for its country in accordance with its laws, traditions and customs.

The parties commit themselves to together seek ways in which Aboriginal interests can be advanced where decisions are to be made about their traditional country.

The parties commit themselves to work together to ensure that this is done in a way that advances the interests of the whole community, and promotes harmonious community interests.

This committee meets to fulfil Council’s obligations under:

a) The Native Title Act, and facilitate an avenue for the traditional owners as recognised under the Native Title Act (1993) the Bundjalung of Byron Bay, Arakwal People, to protect cultural heritage on their ancestral homelands

b) The Land Rights Act (1983), and facilitate an avenue for the Tweed Byron Local Area Land Council to fulfil their charter to protect Aboriginal cultural heritage in their identified boundaries.

3. Timeframe for Committee

The lifespan of the Aboriginal Cultural Heritage Study Steering Committee is for the term of the Byron Shire Aboriginal Cultural Heritage Study development.

4. Responsible Directorate

This committee is administered by the Corporate and Community Services Directorate. The Director or their delegate will attend these meetings and minutes will be taken by a member of their staff.

5. Membership

The Aboriginal Cultural Heritage Study Steering Committee is to be made up of representatives from the key Aboriginal stakeholder groups within the Byron Shire and appropriate staff members.

Membership is to include:

· 2 invited representatives from the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)

Annette Kelly

Lee Harding

· 2 invited representatives from the Tweed Byron Local Aboriginal Land Council

Des Williams

Leweena Williams

· 1 invited representative from the National Parks and Wildlife Service

Delta Kay

· Director Corporate and Community Services

· Manager Community Development

· Representative from Sustainable Environment and Economy Directorate

· Community Projects Officer (Aboriginal and CALD),

Note: Staff members participating on the committee do not have any voting entitlements.

6. Confidentiality

Members of the committee will, in those circumstances where confidential matters are subject to deliberation, maintain confidentiality.

7. Chairperson

The position of Chairperson is to held by the Director Corporate and Community Services.

8. Majority Decision

Decision making for this committee will require fair and open process with representation and contribution from each stakeholder group.

A majority decision of the committee requires a majority of members to be present and voting on any item subject to the requirements of a quorum being met at the meeting.

9. Convening Meetings

Meetings of the Steering Committee will be scheduled at the first meeting of the Committee. Extraordinary Meetings may be called when required.

10. Agenda Preparation

It is the responsibility of the chairperson to prepare the agenda in consultation with the relevant Director, setting out the terms of business to be considered.

The agenda is an organised list of the business, in order, that will be transacted at the meeting. An agenda for each meeting, containing a brief report on each item, is to be provided to committee members 5 days prior to the meeting being held.

Each item of business to discuss at the meeting is required to be listed on the agenda and in written form.

For some matters, it will be necessary to attach other relevant information to the agenda to inform and direct discussion. Such information is to be circulated with the agenda.

Committee members may request items for inclusion in future agendas, through the Chair.

11. Records of meetings

a) The minutes of meetings are to be circulated to members of the group within 7 days of the meeting so that members can provide feedback through the Chair on the draft unconfirmed minutes.

12. Meeting Practice

Meetings are to be conducted in accordance with this Terms of Reference and, where required, reference to Council’s Code of Meeting Practice.

13. Miscellaneous

a) Insurance: All group members are covered by the public liability policy of Council. This insurance does not preclude the Advisory Committee from due diligence and all Council policies must be adhered to.

b) Code of Conduct: All group members to abide by Council’s adopted Code of Conduct at all times.

c) Pecuniary Interest: Pecuniary Interest may be defined as an interest that a person has in a matter, as a group member or employee of a company or other body, 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. Such other person includes the spouse or de-facto partner or relative of the group member.

Section 446 of the Local Government Act states that “a member of a council committee, other than a committee that is wholly advisory, must disclose pecuniary interests...”

Even though the Local Government Act provides an exemption to disclose pecuniary interests Council’s preference is for all members to declare pecuniary interests where applicable.

d) Work Health Safety: All group members are required to comply with the “Worker Responsibilities” as prescribed in the Work Health Safety Policy.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4

Report No. 4.4 Aboriginal Cultural Events in the Byron Shire

Directorate: Corporate and Community Services

Report Author: Belle Arnold, Community Project Officer

File No: I2017/221

Theme: Society and Culture

Community Development

Summary:

This report provides an overview of current cultural activities and events and seeks feedback from the Arakwal MoU Advisory Committee.

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee note Council’s development and delivery of cultural activities and events for this reporting period.

Attachments:

1 World Water Day Colouring, E2017/11163 , page 69 ⇩

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.

1.2.6 Tourism

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

This report provides an outline of upcoming and recent cultural events in the Byron Shire.

Close the Gap Day

Since 2015, Council’s Aboriginal Project Officer has worked with Tweed Byron Land Council, Mullumbimby District Neighbourhood Centre and community to deliver a Community Services Expo for Close the Gap Day. This event provides an opportunity for the Aboriginal community to link with service providers. The Close the Gap Day 2017 event will be determined and delivered by the Aboriginal Services Coalition. Close the Gap Day is 16 March 2017.

World Water Day

On 25 March 2017 Council’s Water Infrastructure team are hosting a community event for World Water Day 2017. The event will be held at the Wetlands in West Byron Sewage Treatment Plant (WBSTP). The event will promote the environmental and Aboriginal Cultural Heritage values of the site. On 15 February, NPWS ranger Nigel Stewart provided advice that the meaning of Belongil is “where the she-oaks meet the sea” in Bundjalung language. The event team seek to promote this as a central theme for the event. Council’s Aboriginal Projects Officer is working closely with the event team to provide a range of cultural heritage related activities at the event. Council staff will continue to liaise with Arakwal and NPWS to ensure content is culturally appropriate.

NAIDOC Week

The General Manager of the Bundjalung of Byron Bay, Arakwal People requested that Council grant Parking Permits for Arakwal family that live outside Byron Shire for the week only of NAIDOC Week 2017.

Blue Flame Dreaming

On 4 January 2017 Council’s legal and events teams were requested to issue a license for a sacred smoking ceremony at the peace pole in Denning Park, Byron Bay for the Blue Flame Dreaming event. Council staff informed the applicants that a license would not be issued without express consent from the Bundjalung of Byron Bay Arakwal People.

Event organisers were hostile towards Council staff and indicated that they would go ahead with the sacred smoking ceremony and sacred walk up to the lighthouse as a part of their event. Council staff repeatedly referenced the Arakwal Memorandum of Understanding and the agreement that consultation with Arakwal must be undertaken for Council to issue licenses for cultural activities in Byron Shire.

Council’s compliance team were concerned with the event organiser’s response and apparent disregard for the Arakwal MoU agreement and met with officers from Tweed Byron Local Area Command. Council staff informed police that there were issues around cultural sensitivity and if the activity was to go ahead without correct licensing then Council would be prosecuting the event organisers. Police informed the event organisers and the smoking ceremony and walk did not go ahead.

This matter demonstrates the commitment of Council staff from across the organisation to uphold the cultural values and principles set out in the Arakwal MoU.

Financial Implications

Nil from this report

Statutory and Policy Compliance Implications

Native Title Act 1993

Local Government Act 1993

Arakwal MoU 2013

Venue	Arakwal Room, Byron Bay Library
Date	Thursday, 2 March 2017
Time	9.00am

Date Adopted by Council		Resolution No.
Responsibility	Director Corporate and Community Services
Review Timeframe
Last Review Date:		Next Scheduled Review Date

Doc No.	Date Amended	Details Comments eg Resolution No.
E2017/7583	This document

Related Legislation	Section 355, Local Government Act (1993)
Related Policies	Code of Conduct 2016 Work Health Safety Policy Code of Meeting Practice
Related Procedures/ Protocols, Statements, documents	Arakwal (MoU)