Notice of Meeting

 

 

 

 

 

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Extraordinary Arakwal Memorandum of Understanding Advisory Committee Meeting

 

 

An Extraordinary Arakwal Memorandum of Understanding Advisory Committee

Meeting of Byron Shire Council will be held as follows:

 

Venue

Conference Room, Station Street, Mullumbimby

Date

Tuesday, 21 November 2017

Time

4.00pm

 

Mark Arnold Signature (3)

 

Mark Arnold

Acting General Manager                                                                                                     I2017/1774

                                                                                                                                    Distributed 16/11/17

 

 


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

Extraordinary 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 22 September 2017

4.    Staff Reports

Corporate and Community Services

4.1       Draft BSC Residential Strategy - Aboriginal Cultural Heritage Concerns........................ 4

4.2       Butler Street proposed Crown Land Acquisition............................................................... 8

4.3       Aboriginal Cultural Heritage Study.................................................................................. 12

4.4       Arakwal employment and procurement opportunities.................................................... 15

4.5       Byron Shire Council process to report to Arakwal Board............................................... 38   

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            4.1

 

 

Staff Reports - Corporate and Community Services

 

Report No. 4.1             Draft BSC Residential Strategy - Aboriginal Cultural Heritage Concerns

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Community Project Officer

File No:                        I2017/1749

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report seeks advice from the Arakwal Memorandum of Understanding Committee regarding Aboriginal Cultural Heritage considerations for the Draft Residential Land Strategy.

  

 

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee provide advice on the Draft Residential Land Use Strategy with particular consideration to the Saddle Road Precinct.

 

Attachments:

 

1        Draft Residential Land Use Strategy - Areas of Interest - Saddle Road Precinct, E2017/105172 , page 7  

2        Confidential - Meeting Strategic Planning Staff and Arakwal Corporation 6/11/17, E2017/103019  

 

 


 

Background

 

The Arakwal Memorandum of Understanding states:

 

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.

 

Report

 

A Residential Strategy is being prepared for Byron Shire. The strategy considers land that may be suitable for new urban residential development. The Saddle Ridge locality has been identified as a potential area for affordable housing.  Land owners in this area have highlighted with the Sustainable Development staff that this locality has important Aboriginal cultural sites and linkages. 

 

To ensure that this matter is appropriately considered in the Strategy, Council staff have requested advice from formal Aboriginal stakeholders in the Byron Shire regarding any cultural significance to this area and whether the area should be precluded from consideration for residential development, or be considered for residential development with further detailed investigation or discussion.

 

Timeline of the Aboriginal Consultation of the development of the Draft Residential Strategy

 

·     28 September 2016 Emails were sent to Arakwal, Tweed Byron LALC, Jali LALC, Ngulingah LALC and NTS Corp notifying of the Exhibition of Preliminary Draft Residential Strategy (29/9-11/11/16) – email notification sent to all staff. Letters sent out to Aboriginal Stakeholders (NTSCORP Limited is the Native Title Service Provider for Aboriginal Traditional Owners in New South Wales and the Australian Capital Territory)

·     March – July 2017: planning staff undertake more detailed land suitability mapping (to be followed by site inspections and other stakeholder engagement before finalising strategy)

·     22/6/17 Res 17-260  identifying Saddle Road precinct for possible ‘affordable housing’ opportunities and stakeholder engagement

·     31/8/17 meeting to brief Saddle Road landowners on resolution 17-260  and to discuss key planning issues affecting this precinct (with ‘cultural heritage’ values being identified as a significant issue to investigated)

·     1/09/17 planning staff contact Aboriginal Projects Officer regarding Saddle Road locality

·     9/09/17 Aboriginal Projects Officer notifies all Aboriginal Stakeholder groups of this project and seeks feedback around how they would like to proceed.

·     6/11/17 Strategic Planning staff met with Arakwal Corporation representatives to discuss Saddle Road Minutes of this meeting are attached  (Attachment 2)

 

On 29 September the Arakwal Corporation provided the following written feedback regarding this project:

 

Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) (BOBBAC) request that Byron Shire Council (BSC) engage a qualified Archaeologist to undertake an archaeological assessment of the proposed released parcels of land if it hasn't already done so.

 

We would also request that Arakwal Senior and Junior Cultural Field Officers are employed to do cultural site monitoring on this area before it is dedicated to land release.

 

BOBBAC would also like to confirm that any projects of this nature go through the Arakwal MoU Management Committee for discussions and comment with the required time frames of being able to respond accordingly from these meetings.

 

On 13 November the Arakwal Corporation requested that this matter be discussed that the Extraordinary Meeting of the Arakwal Memorandum of Understanding Advisory Committee on 21 November 2017.  Strategic Planning staff have been invited to attend to assist with the clarification on the further planning processes on this significant area.

 

Financial Implications

 

Nil from this report

 

Statutory and Policy Compliance Implications

 

Arakwal MoU 2013

Native Title Act 1993

National Parks and Wildlife Act 1974

Local Government Act 1993

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                           4.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            4.2

 

 

Report No. 4.2             Butler Street proposed Crown Land Acquisition

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Community Project Officer

File No:                        I2017/1750

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

Arakwal Corporation requests an update by Council staff regarding the proposed use of the Crown Land that Council seeks to acquire at Butler Street, Byron Bay.

  

 

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee note the consultation with the Arakwal Corporation and the Arakwal Memorandum of Understanding Committee on the compulsory acquisition of the crown land at Butler Street, Byron Bay.

 

Attachments:

 

1        Letter to Arakwal regarding Butler Street Land Acquisition, E2017/105195, page 10  

 

 


 

Report

 

Council intends to compulsorily acquire various Crown Land lots located on Butler Street, Byron Bay. These lots are highlighted in the attached map (Attachment 1).

 

As part of the acquisition process, Council must deal with parties having an interest in the relevant Crown Land.  The Arakwal Corporation is an interest holder in the land, by virtue of ILUA 2.

 

Council’s dealings with the various interest holders will comprise part of its application to the Minister for Local Government for permission to compulsorily acquire the land. Council notes that it is yet to obtain the Minister’s consent for the acquisition. Council cannot acquire land in the absence of that consent.

 

Assuming Council obtains the Minister’s consent to acquire the land, the formal notification, acquisition and compensation processes under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) and the Native Title Act 1993 (Cth) will commence.

 

The Arakwal Corporation wrote to Council staff on 13 November seeking further information regarding the intended use for the proposed Butler Street land for acquisition.

 

Further information to be tabled at the meeting.

 

Financial Implications

 

Nil from this report

 

Statutory and Policy Compliance Implications

 

Arakwal MoU 2013

Native Title Act 1993

Local Government Act 1993

Land Acquitistion (Just Terms Compensation) Act 1991

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                 4.2 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                           4.2 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            4.3

 

 

Report No. 4.3             Aboriginal Cultural Heritage Study

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Community Project Officer

File No:                        I2017/1751

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report outlines the next step in the finalisation of Stage One of the Byron Shire Aboriginal Cultural Heritage Study.

  

 

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee note the finalisation of Stage One of the Byron Shire Aboriginal Cultural Heritage Study.

 

 

 

 


 

Background

 

This project addresses three priority projects of the Arakwal MoU. 

 

The Arakwal MoU states:

 

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.

 

1.2.3 Access to monitor important Aboriginal sites on private land

The development of a process that allows the Arakwal some level of access to monitor important sites on private land. Arakwal have identified some legislative changes which make it an offence to knowingly damage or destroy Aboriginal sites.

 

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.

 

National Parks and Wildlife Service (NPWS) representatives Sue Walker and Norman Graham met with Council’s Director Corporate and Community Services, and Manager Community Development to discuss the Draft Byron Shire Aboriginal Cultural Heritage Study (Stage 1) prepared by Everick Consultants.  NPWS submitted comprehensive feedback to Council on the document and have requested ongoing participation in the Byron Shire Aboriginal Cultural Heritage Study project.

 

Council staff provided feedback from NPWS and Council to Everick Consulting and a further draft of the Study was provided to the Byron Shire Aboriginal Cultural Heritage Study Steering Committee and NPWS for consideration.  It is acknowledged that the scope of the Draft Byron Shire Aboriginal Cultural Heritage Study (Stage 1) was limited by budget constraints and that further stages of the Byron Shire Aboriginal Cultural Heritage Study project will be undertaken in order to develop a robust Byron Shire Aboriginal Cultural Heritage study, and agreed Aboriginal Cultural Heritage management system.  A recommendation from the Draft Byron Shire Aboriginal Cultural Heritage Study (Stage 1) is the formation of an Aboriginal Cultural Heritage Study Committee, which will guide the development and implementation of further stages of the study project. 

 

Council staff attended the Arakwal Corporation Board meeting on 23 September 2017 to discuss the document, answer questions and receive feedback.

 

Report

 

This report outlines the next step in the finalisation of Stage One of the Byron Shire Aboriginal Cultural Heritage Study.

 

Council staff met with Byron Shire Aboriginal Cultural Heritage Steering Committee’s Aboriginal Steering Committee on 19 October to discuss the finalisation of Stage One of the Cultural Heritage Study.  This meeting was attended by the CEO of Tweed Byron Local Aboriginal Land Council and Jali Local Aboriginal Land Council.  Both stakeholders advised Council they would be providing feedback in writing.  This feedback was not received at the time this report was written.

 

Council have received feedback from NPWS/ EOH and Arakwal and have integrated this feedback.  All maps, coordinates and references that identify locations of sites will be removed from the report and made into confidential attachments in order to protect the information.

 

Council intends to acquit the project with the Office of Environment and Heritage.  Council will report the recommendations to Council to formalise internal processes to protect Aboriginal Cultural Heritage in the Byron Shire.

 

Council staff understand the confidential nature of Aboriginal Cultural Heritage information and have taken steps to protect this information by creating a confidential folder in its records management system. Only three staff within the organisation have authority to access the confidential folder and the files cannot be printed.

 

Financial Implications

 

Council intends to finalise the Byron Shire Aboriginal Cultural Heritage Study (Stage One) as outlined and send an acquittal report to Office of Environment and Heritage.  Grant funding of $25,000 is outstanding and incumbent on the acquittal of the project.

 

Statutory and Policy Compliance Implications

 

Arakwal MoU 2013

Native Title Act 1993

Local Government Act 1993

National Parks and Wildlife Act 1993

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            4.4

 

 

Report No. 4.4             Arakwal employment and procurement opportunities

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Community Project Officer

File No:                        I2017/1752

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report outlines the proposed development of an Indigenous Employment Strategy for Byron Shire Council.

  

 

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee discuss key objectives for the development of an Indigenous Employment Strategy to assist with the development and implementation of this strategy.

 

Attachments:

 

1        Lismore RAP 2017/18, E2017/105371, page 17  

2        Indigenous Employment Strategy - Preliminary Discussion, E2017/105378, page 37  

 

 


 

Background

 

The Arakwal Memorandum of Understanding states

 

3.2.1 Indigenous Employment Strategies

Council to develop and implement an Indigenous Employment Strategy. Council are a key employment provider in the local community and the strategic employment of indigenous staff has huge benefits to the local community.

 

In 2013, Lismore City Council developed and adopted their first Reconciliation Action Plan (RAP). Their second RAP, launched in 2017, builds on the three foundation principles defined within the first RAP – relationships, respect and opportunities – with key deliverables over the next two years in the three focus areas (Attachment 1).

 

Focus area 3: Employment and procurement (opportunities). Actions include continuing the Aboriginal Employment Strategy in order to achieve a workforce that is 6% Aboriginal and Torres Strait Islander, and work with local Aboriginal and Torres Strait Islander businesses to increase the supply of goods and services.

https://www.lismore.nsw.gov.au/cp_themes/default/page.asp?p=DOC-WKF-86-71-42

 

Report

 

Lismore City Council’s Reconciliation Action Plan refers to the development of an Aboriginal Employment Strategy.  This strategy was not located on their website.

 

To inform the process for Byron Shire Council to establish an employment strategy a number of questions have been developed to assist People and Culture to develop a framework for a strategy (Attachment 2).

 

Financial Implications

 

Nil from this report

 

Statutory and Policy Compliance Implications

 

Arakwal Memorandum of Understanding 2013

Local Government Act 1993

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                           4.4 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                           4.4 - Attachment 2

Byron Shire Council – Arakwal Memorandum of Understanding Committee

Preliminary Discussions – Indigenous Employment Strategy

 

3.2.1 Indigenous Employment Strategies

Council to develop and implement an Indigenous Employment Strategy. Council are a key employment provider in the local community and the strategic employment of indigenous staff has huge benefits to the local community.

 

Objective

Discussion

Outcome

Are there specific work areas to be targeted

 

 

 

 

 

Are their identifiable training gaps for Council to address

 

 

 

 

Priorities for traineeships to assist community

 

 

 

 

 

What are the desirable outcomes for the Arakwal Corporation

 

 

 

 

 

What can Council do to ensure a cultural safe work environment for Indigenous Staff

 

 

 

What are the main commodities for Council to focus on in procurement

 

 

 

Other

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                            4.5

 

 

Report No. 4.5             Byron Shire Council process to report to Arakwal Board

Directorate:                 Corporate and Community Services

Report Author:           Belle Arnold, Community Project Officer

File No:                        I2017/1753

Theme:                         Society and Culture

                                      Community Development

 

 

Summary:

 

This report outlines how the Arakwal Memorandum of Understanding Advisory Committee and Council can best report to the Arakwal Corporation Board on impending planning, strategic and community development issues. 

  

 

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee provide input into the development of a reporting and documentation framework for projects.

 

 

 

 


 

Report

 

This report discusses how the Arakwal Memorandum of Understanding Advisory Committee and Council will best report to the Arakwal Corporation Board on impending planning, strategic and community development issues. 

 

The objective of this discussion is to reduce duplication of meetings and correspondence, and streamline processes while maintaining a centralised record of all consultations for future reference.

 

Discussion is encouraged by committee members.

 

Financial Implications

 

Nil from this report

 

Statutory and Policy Compliance Implications

 

Native Title Act 1993

Land Rights Act 2974

National Parks and Wildlife Act 1974

Local Government Act 1993

Arakwal Memorandum of Understanding 2013