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 Environmental Protection and Improvement Works at the Sandhills Estate

Directorate: Corporate and Community Services

Report Author: Belle Arnold, Community Project Officer

File No: I2018/1665

Theme: Corporate Management

Community Development

Summary:

This report outlines the progress of the Environmental Protection and Improvement Works at the Sandhills Estate in Byron Bay and the work of the Arakwal Elders in initiating this important work to protect country. The report also confirms the role in the Arakwal Regeneration team in carrying out the works with Council.

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee:

1. Note the progress of this project and provide any feedback to Council.

2. Provide feedback on the Sandhills Estate Environmental Protection and Improvement Plan.

Attachments:

1 Sandhills crown land application Arakwal support letter, E2018/71643 , page 9⇩

Report

The Arakwal Memorandum of Understanding States:

4.2.2 Protecting Wetlands

Arakwal have identified ongoing concerns regarding important environmental and cultural wetland sites and have requested that Council rectify existing drainage issues in Byron Bay.

This matter is carried over from the original 1998 Aboriginal Heads of Agreement and involves objectives from point 3 of the Agreement, Aranga Development and Paterson Street water runoff into Cibum Margill swamp. The Corporation is also concerned that polluted water currently runs from the Cowper Street drainage system onto Main Beach. A solution that has been identified is the construction of a wetland, filtration system, or artificial wetland at the Cowper Street drainage system onto Main Beach.

This report relates to protection and rehabilitation works in the Sandhills Estate behind Cowper Street in Byron Bay and is a direct result from this ongoing request from Arakwal which originated in 1998 from the Elders Lorna Kelly, Linda Vidler and Yvonne Graham.

Council have been successful in obtaining a licence from Crown Lands to commence Environmental Protection and Improvement works in the Sandhills Estate in Byron Bay. The Bundjalung of Byron Bay were consulted in the obtaining of this license and the initial support letter is attached (Attachment 1).

The project is to rehabilitate the open stormwater channels that flow through the Sandhills Estate, as well as general native revegetation of the Sandhill Estate. The current condition of the area is poor with weed infestations, littering and a degraded open stormwater channels. The stormwater flowing through the open channel can be of poor quality with frequently high faecal coliforms found at the Clarkes Beach outlet. The project aims to restore and enhance instream water quality, the condition of the existing waterways and the general amenity of the site.

The project has been initiated as part of Council’s stormwater planning and has been identified as a key priority area for the Byron Bay Town Centre Masterplan.

Aims and Objectives of the Project include:

1. Implement natural channel design along the creek and open channel

2. Improve water quality at Clarkes Beach outlet

3. Protect the Aboriginal cultural values of the area

4. Native regeneration of bushland, including bush tucker plantings

5. Improve the overall visual and environmental amenity of the site

6. Create and build on community partnerships

7. Commence works as identified in the Byron Bay Masterplan for the Sandhills Scrubland

Council’s licence from Crown Lands Trust includes weed removal and rehabilitation but does not include any construction works.

Council’s Infrastructure Services Team representatives have met with Sharon Sloane on behalf of the Arakwal Corporation and have confirmed that the Arakwal bush regeneration team will be contracted to do the bush regeneration work.

Council’s Manager Infrastructure Services has developed the Sandhills Estate Environmental Protection and Improvement Project Plan and seeks feedback from the Arakwal MoU Advisory Committee (to be tabled at the meeting).

Figure 1: Sandhills Environmental Protection and Rehabilitation Works Overview

Financial Implications

Nil from this report

Statutory and Policy Compliance Implications

Arakwal MoU 2013

Local Government Act 1993

Native Act 1993

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2

Report No. 4.2 Australia Day 2019

Directorate: Corporate and Community Services

Report Author: Deborah Stafford, Community Projects Officer (Generalist)

File No: I2018/1570

Theme: Corporate Management

Community Development

Summary:

Input is sought from the Arakwal MoU Committee to inform Council’s Australia Day 2019 activities.

RECOMMENDATION:

That input provided by the Arakwal MoU Committee informs the planning and delivery of Council’s Australia Day 2019 activities.

Report

At the April 2018 Council meeting, it was resolved (18-273) in relation to Australia Day 2019:

“That the custodians via the Arakwal MoU Committee be requested to provide input as to how best and culturally appropriate Council celebrates this event.”

Overview of previous Australia Day (2018) activities

In accordance with Resolution 17-065, Council invited organisations to nominate representatives to be a member on the Australia Day 2018 Project Reference Group (PRG). The Australia Day PRG coordinates Australia Day activities throughout the Shire on an annual basis.

The PRG consisted of representatives from the following organisations:

· Byron Bay Rural Fire Brigade, Suffolk Park

· Rotary Club of Byron Bay

· Rotary Club of Mullumbimby, representing the Combined Services Clubs of Brunswick Valley

· Brunswick Mullumbimby Lions Club

· Ocean Shores Community Association

· Brunswick Valley Historical Society

· Sisters for Reconciliation

· Byron Bay Surf Club representing Australia Day Paddle

The PRG met on three occasions prior to Australia Day and held a debrief meeting in February 2018.

In accordance with resolution 09-680 which states, in part, that the official ceremony is to alternate each year to different locations within the Shire, the official ceremony for 2018 was held at the Ocean Shores Country Club and coordinated by the Ocean Shores Community Association in conjunction with Council.

The Official ceremony was conducted with the assistance of an Auslan interpreter. There were approximately 70 invited guests plus spectators in attendance. The following people and events were included:

· Cr Simon Richardson as MC

· Welcome to Country by Sonia Woods

· Musical performance by Ocean Shores Public School students

· Speech by the Australia Day Address Giver, Frank Mills OAM

· Speech by Byron Shire’s Australia Day Ambassador, Corey Payne

· Local Australia Day Awards

· Citizenship Ceremony

· Sit down lunch for invited guests

Nominations were received for the award categories listed below (with the recipient noted in brackets):

· Citizen of the Year (Barbara Upson-Shaw)

· Special Mention (Gill and Barry Lomath)

· Senior Citizen of the Year (Margaret Fisher)

· Volunteer of the Year (Heather McQuilty)

· Community Event of the Year (Mullumbimby Music Festival)

Other nomination categories where no nominations were received included:

· Young Citizen of the Year

· Sports Person of the Year

· Environmental Volunteer Project of the Year

Other Australia Day events were planned and delivered by the community group members of the PRG with the details of these events noted below.

· Brunswick Heads Breakfast in the Park (Rotary Club of Mullumbimby representing the Combined Services Clubs): This event was held at Banner Park. There were approximately 700 people in attendance for this 30^th year of the event.

· Byron Bay Breakfast in the Park (Rotary Club of Byron Bay): This event was held in Apex Park with small numbers people attending over the duration of the event and all aspects of the day proceeding well.

· Celebration of the Survival of Aboriginal and Torres Strait Islander Peoples and Culture (Sisters for Reconciliation): This event was held at Apex Park and included speakers, dancers and music. The event was delivered despite difficulties with the location and it was identified that additional volunteers and shade will be required for the 2019 event.

· Suffolk Park Fun Afternoon (Byron Bay Rural Fire Brigade, Suffolk Park and Suffolk Park Progress Association): This event was held at Gaggin Park with approximately 200 attendees. All activities proceeded well however there was a noted decrease in numbers from previous years, the cause of which is unknown.

· Ocean Shores Family Afternoon (Ocean Shores Community Association): This event was held at the Ocean Shores Public School and included the mullet throwing competition and rainforest walk. All activities proceeded well however there was a noted decrease in numbers from previous years (80 last year).

Australia Day 2019

Organisations invited to participate on the 2019 PRG include:

· Byron Bay Rural Fire Brigade, Suffolk Park

· Rotary Club of Byron Bay

· Rotary Club of Mullumbimby, representing the Combined Services Clubs of Brunswick Valley

· Brunswick Mullumbimby Lions Club

· Ocean Shores Community Association

· Brunswick Valley Historical Society

· Sisters for Reconciliation

· Byron Bay Surf Club representing Australia Day Paddle

· Red Cross Bangalow

The Byron Bay Rural Fire Brigade, Suffolk Park has declined to participate. Confirmation of participation is yet to be received from Red Cross Bangalow.

The Australia Day PRG will meet in accordance with its adopted Constitution. The objectives outlined in the PRG's Constitution are generally described as:

1. Organise Australia Day Events

2. Australia Day Address – Local Resident

3. Local Australia Day Awards

4. Australia Day Ambassador – Participation in Program

It is anticipated the first meeting of this PRG will be held in mid-September 2018. The location of the 2019 Australia Day Official Ceremony will be determined by the PRG at its first meeting.

Any input provided by the Arakwal MoU Committee will be fed into the PRG to inform planning and delivery.

In addition this matter will be referred to the Aboriginal Cultural Heritage Steering Committee to broaden the consultation with the Byron Shire Aboriginal Community on this matter of cultural significance.

Financial Implications

The draft 2018-2019 Budget has an allocation of $13,400 for the purpose of Australia Day 2019. This funding is proposed to be used to provide activities throughout the Shire as informed by the coordination of previous years with any opportunities for improvement identified and implemented.

Existing budget will be used to implement activities or actions proposed by the Arakwal MoU Committee.

Statutory and Policy Compliance Implications

In Council’s Delivery Program 2017-2021, SC2.1 states that Council is required to “support a range of inclusive events that encourage broad community participation and promote social inclusion”.

It also states that Council is to “deliver agreed outcomes from the Arakwal MoU”.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.3

Report No. 4.3 Byron Shire Council and Bundjalung of Byron Bay Aboriginal Corporation (Arakwal) Memorandum of Understanding intended Review

Directorate: Corporate and Community Services

Report Author: Belle Arnold, Community Project Officer

File No: I2018/1668

Theme: Corporate Management

Community Development

Summary:

This report discusses the upcoming Arakwal MoU review and evaluation and introduces the emerging needs of the partnership between Council and the Arakwal Corporation.

RECOMMENDATION:

That the Arakwal MoU Advisory Committee note the intended review and evaluation of the Arakwal MoU and provide preliminary feedback for the process.

Report

The Arakwal Memorandum of Understanding Review states:

Meetings and Reporting

Council will provide the administrative resource and support to facilitate the Arakwal Memorandum of Understanding Advisory Committee.

The Arakwal Memorandum of Understanding Advisory Committee will continue to meet bi monthly or four times per year.

The Arakwal Memorandum of Understanding Advisory Committee will provide an annual progress report on the achievements of the Memorandum of Understanding and the associated Action Plan.

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.

The Arakwal MoU was signed in July 2013 by Arakwal Representatives Anette Kelly and Yvonne Stewart. Since that time the Arakwal MoU Committee have implemented 18 of the key projects identified in the projects MoU.

The 2013 Arakwal MoU was built on the founding work of the Arakwal elders in the 1998 Heads of Agreement and some of the projects carried on from this historic agreement.

During this time Council and Arakwal’s partnership has evolved and now there are greater consultation requirements and emerging and evolving needs for both organisations. These changes have been due to changes in legislation.

Council staff are preparing a detailed review of the 2013 Arakwal MoU including an evaluation of the MoU outcomes and recommendations for the future direction of the MoU and the partnership between Council and Arakwal.

Over the past twelve months, the Arakwal MoU Committee has become a vehicle for Council to conduct consultation with the Arakwal Corporation in regards to various projects. This has impacted the outcomes of the Arakwal MoU which was designed to implement specific and identified priority projects. As a result, Council are also developing internal processes to ensure consultation processes with Arakwal are prioritised in the design of project management plans. These processes will also be reported with the evaluation and review of the Arakwal MoU.

Financial Implications

Nil from this report

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 4.4

Report No. 4.4 Byron Aboriginal Services Coalition - Bagwa Bugalma - Update

Directorate: Corporate and Community Services

Report Author: Belle Arnold, Community Project Officer

File No: I2018/1670

Theme: Corporate Management

Community Development

Summary:

This report provides an update on the work of the Byron Shire Aboriginal Services Coalition – Bagwa Bugalma and presents the five year strategic plan to improve Aboriginal Service Delivery in the Byron Shire.

RECOMMENDATION:

That the Arakwal Memorandum of Understanding Advisory Committee:

1. Note the progress of the work of the Aboriginal Services Coalition.

2. Provide feedback on the Bagwa Bugalma 5 Year Strategic plan (DRAFT) (E2018/72195).

Attachments:

1 Bagwa Bugalma - 5 Year Strategic Plan - DRAFT, E2018/72195, page 18 ⇩

2 Bagwa Bugalma Promo Flyer 2018, E2018/72209 , page 32⇩

Report

The Arakwal MoU states:

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.

The Aboriginal Services Coalition has continued to meet at the Mullumbimby Neighbourhood Centre on a fortnightly basis.

The Aboriginal Project Worker at the Mullumbimby and District Neighbourhood Centre has developed a regular Men’s Group program. The group is part supported by a Tweed service funded by Prime Minister and Cabinet. The Men’s group is a social and support group which is attracting regular attendance of between 5 and 25 men.

Bullina Aboriginal Health Service have confirmed that they are funded to deliver health services in Byron Shire. The Bullina Chief Executive Officer has sited that high rents have been a barrier in providing services in the Byron Shire. Bullina have commenced weekly outreach including a General Practitioner of Health and nurses through a mobile van clinic and consultation rooms

Mondays 10am– 3pm at the Mullumbimby and District Neighbourhood Centre.

The Byron Shire Aboriginal Services Coalition has been requesting a name in local Bundjalung language for over 12 months. Dave Kapeen from Tweed Byron Community Transport has worked with Delta Kay and Uncle Roy Gordon to provide the name Bagwa Bugalma which means to heal and to do correctly. This name has been adopted for the work done by the Coalition.

The Bagwa Bugalma 5 Year Strategic plan (DRAFT) has been developed and is attached for the consideration of the Arakwal MoU Advisory Committee. Bagwa Bugalma seeks feedback from Arakwal on this document before finalising and releasing to the broader community (Attachment 1). In addition a promotional flyer was developed to inform the broader community of the objectives of this project. (Attachment 2).

On 24 July 2018 Bagwa Bugalma (Aboriginal Services Coalition) held a meeting about the dire need for culturally appropriate Service Delivery with funding providers including representatives from:

· Department of Family Services

· Department of Aboriginal Affairs Coffs Harbour and Sydney

· Department of Premier and Cabinet, Department of Prime Minister and Cabinet (Indigenous Affairs)

· Local Health District Health Executive

The outcome from this meeting was positive with all agencies committing to improving the delivery of services to the Byron Shire Aboriginal community. There will be a follow up meeting to confirm outcomes on 6 September and a verbal update can be provided at the 13 September Arakwal MoU Advisory Committee meeting.

Financial Implications

Nil from this report

Statutory and Policy Compliance Implications

Arakwal MoU 2013

Local Government Act 1993

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4 - Attachment 1

Year

Goals

Actions

' '

Year 1 2/18

Employ a designated worker Aboriginal Project Worker to facilitate the delivery of the Bagwa Bugalma 5 Year Strategic Plan and ensure, with the support of the steering group, the ongoing sustainability of the organization,

Identify organisations currently funded to deliver services to the ATSI community in Byron Shire.

Identify locations where those organisations are delivering in the Byron Shire.

Work with organisations and funded services to deliver Indigenous services and programs

in Byron Shire based at the MNDC

at the MNDC

Increased participation in existing program to accessible at the MDNC.

Increased participation in existing funded and unfunded programs through improved accessibility at MNDC.

Increase recognition in the community of the work of the coalition and promotion of services and programs.

Increased community engagement and participation in community projects and conversations.

Engage ATSI community to participate in existing programs at the MNDC

• Men’s groups

• Women’s group

• Activities to build trust, access, and information about accessible services including NAIDOC, Close the Gap and other community activities

• Develop an identifiable 'brand' for the Coalition in consultation with the community

• the emerging service/ organisation name

• logo

• signage/ mural for the cottage

• promotional material

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4 - Attachment 1

Year "	Goals " %	Actions "
	Secure sustainable funding	Identify funding streams Make contact with key funders to identify Contact the Department of Aboriginal Affairs - Coffs Harbour (State)
		Research OCHRE funding (State)
		Department of Family & Community Service
		Contact Department of Indigenous Affairs- Lismore (Federal)
	BSASC to meet regularly to implement strategic plan	Review KPIs quarterly


	Establish Byron Shire Aboriginal Transport Steering Committee	4 Meetings identifying specific areas of need for various target groups,
		Identify priorities and provide feedback to government
		Work regionally to identify regional priorities and funding strategies
	Secured and sustainable position for Aboriginal Project Coordinator and Services Engagement Officer based at MNDC	Advocate project to government funding agencies. Continue to gather data and evidence to support the need of the community.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4 - Attachment 1

Year	Goals	Actions VA '
Year 2 2019	Increased services delivered to ATSI community at MNDC managed by the Aboriginal Coalition/ Management Committee	Apply for funding for three projects from identified priority areas - health and community outcomes
		Engage and support community to participate in services at the MDNC in more broadly in the Byron Shire
		Promote new programs at community events and through information referral system
	Improved community access to funded programs and services	Work with FAGS to deliver community development program
	Continued improvements of transparent outcomes	Develop and apply for funding for projects delivering ATSI transport outcomes Continue to facilitate the Byron Shire Aboriginal Transport Steering Committee and develop key strategies to address transport issues for the Byron Shire
		Work regionally on broader transport outcomes for the region
	improve employment opportunities and outcomes for ATSI community	Work with Job Network agencies to improve employment programs available to ATSI community members

Bagma Bugalma

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4 - Attachment 1

Year

Goals

Actions

Improve ATSI housing in the Byron Shire

Work with housing providers to clarify and streamline ATSI housing in the Byron Shire

Improved access to the 'Close the Gap' federal funding scheme

Engage with PHN to promote program to service providers and in the wider community

Secured and sustainable position for Aboriginal Project Coordinator and Services Engagement Officer based at MNDC

Advocate project to government funding agencies

Increased service presence and provision in the Byron Shire

Promote available space at the MNDC

Engage with service providers staff and management committees on the unserviced need in Byron Shire

Strengthen community networks through cultural activities

Hold NAIDOC Week community celebration at MNDC

Increased advocacy and awareness of Bagwa Bugalma's objectives for wider community

Promote the project to State and Federal representative politicians

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4 - Attachment 1

Year	Goals	Actions "
Year 3 2020	Autonomous Aboriginal service centre established at MDNC, with access to wrap around services and supports.	Procure a demountable or identify and access existing Council building
	Regular ATSI services provided at the MNDC	Coordinate with; ATSI community to deliver autonomous ATSI programs in the Byron Shire from MNDC, Providers to do outreach in Byron Shire and at MNDC, And Community volunteers, to facilitate weekly program Develop Memorandum of Understandings with key state and federal funding agencies for ATSI service delivery in the Byron Shire
	Establish regular culturally appropriate Mental Health programs at MNDC
	Establish Aboriginal Interagency in the Byron Shire
	Expand ATSI housing program sin the Byron Shire
	Improved transport outcomes	Continue to support and deliver outcomes on the Byron Shire Aboriginal Transport Steering Committee

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.4 - Attachment 1

Year	Goals	Actions '
	Work with NCAH to increase community based health programs in Byron Shire
	Aboriginal Liaison Officer to work with Job Network agencies and Centrelink locally to support ATSI community, deliver cultural awareness training, support community and develop employment, education and training opportunities for ATSI community.
Year5 2022	Shop frontage in Mullumbimby with program centre based in MNDC precinct
	Programs in
	• Health • Housing • Transport • Employment • Education And are culturally appropriate available in the Byron Shire
	Aboriginal Community Management Committee
	meeting regularly to steer
	organisation and support funding applications

Bargwa Bugalma

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.5

Report No. 4.5 Byron Shire Aboriginal Cultural Heritage Steering Committee

Directorate: Corporate and Community Services

Report Author: Belle Arnold, Community Project Officer

File No: I2018/1667

Theme: Corporate Management

Community Development

Summary:

This report provides information to the Arakwal MoU Advisory Committee on the formation of a multi stakeholder Byron Shire Aboriginal Cultural Heritage Steering Committee, which will assist Council to meet the legal obligations required in protecting Aboriginal Cultural Heritage in the Byron Shire.

RECOMMENDATION:

That the Arakwal MoU Advisory Committee note the formation of the Byron Shire Aboriginal Cultural Heritage Steering Committee as a multi stakeholder consultative group which brings together Aboriginal Stakeholders under the Land Rights Act and the Native Title Act.

Report

The Byron Shire Aboriginal Cultural Heritage Study (Stage One) addressed three priority projects of the Arakwal Memorandum of Understanding (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.

In 2017 Council undertook an Aboriginal Cultural Heritage Study with representation from Arakwal, Tweed Byron Local Aboriginal Land Council and Jali Local Aboriginal Land Council.

A recommendation from the Byron Shire Aboriginal Cultural Heritage Study (Stage One) was for the formation of a Byron Shire Aboriginal Cultural Heritage Steering Committee. This committee would provide streamlined, resourced and well documented multi stakeholder consultation process for cultural heritage matters.

The Byron Shire Aboriginal Cultural Heritage Steering Committee will:

· provide guidance and expertise on projects that have overlapping Aboriginal stakeholder groups with different legislative obligations

· assist Council in the development of key policies, projects and strategic plans

· build upon Council’s existing relationship with Aboriginal stakeholders

· seek to formalise relationships with a range of Aboriginal stakeholder groups.

· seek to further the Byron Shire Aboriginal Cultural Heritage Study through the development and implementation of a locally based action plan which responds to the rapidly changing legislative environment

The Aboriginal Cultural Heritage Steering Committee will invite membership as follows:

· Arakwal Representatives – x 3 (two paid board representatives)

· Tweed Byron Local Area Land Council members x 2 (one paid board representative)

· Jali Local Area Land Council members x 2 (one paid board representative)

· Ngulaingah Local Area Land Council members x 2 (one paid board representative)

· Local Arakwal Depot Aboriginal National Parks representatives x 2 (male and female representatives)

· Widjabal Claimants x 2 (two paid board representatives)

Council have now endorsed this committee and the requested resources to fund it. Council staff are in the process of developing a meeting schedule and membership invitation.

This Committee does not replace the Arakwal MoU Advisory Committee and Council will continue to work closely with the Arakwal Corporation as the primary native title group in the Byron Shire. The Byron Shire Aboriginal Cultural Heritage Steering Committee also seeks to meet Council’s obligation to consult with Land Councils in the Byron Shire.

Financial Implications

Nil from this report

Statutory and Policy Compliance Implications

Native Title Act 1993

Land Rights Act 1984

National Parks and Wildlife Act 1974

Local Government Act 1993

BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services 4.6

Staff Reports - Infrastructure Services

Report No. 4.6 Ironbark Avenue - Drainage Investigation

Directorate: Infrastructure Services

Report Author: James Flockton, Drain and Flood Engineer

File No: I2018/1663

Theme: Infrastructure Services

Local Roads and Drainage

Summary:

The Arakwal Corporation recently developed a community title subdivision at the end of Ironbark Avenue, Byron Bay. The entrance to this subdivision has been experiencing drainage problems since construction.

Arakwal Corporation have requested Council investigate a solution to the issues at Ironbark Avenue.

RECOMMENDATION:

That the Arakwal Corporation proceed to obtain relevant approvals for the proposed drainage solution and engage a suitable contractor to complete the works.

Attachments:

1 Ironbark Avenue Infiltration Test letter report from Coffey, E2018/71505, page 40 ⇩

2 Drawing 2663 Ironbark Avenue Drainage Remediation, E2018/71661, page 48 ⇩

Report

The Arakwal Corporation recently developed a community title sub-division at the end of Ironbark Avenue, Byron Bay.

The road drainage solution for the entrance and access roads within this subdivision involve two inlet pits with minimal infiltration, outflow and storage. This has resulted in water often ponding on the road at the entrance of the sub-division.

While these drainage assets are within Council’s road reserve, Council do not own or maintain these assets because they are within the properties access road and provide minimal drainage to Council’s road infrastructure. This aside, Council have agreed to investigate a solution to the drainage issues and provide this solution to the Arakwal Corporation.

The existing drainage design is two 600x600 inlet pits, with a 100mm sub-surface drain between the two pits. T his sub-surface drain is designed to provide infiltration, with additional flows surcharging from the eastern pit to rock rip rap into the adjacent national park. Unfortunately this surcharge water has nowhere to go due to the flat nature of the land and National Park and Wildlife Service not wanting to receive regular flows from these pits. Additionally the system has minimal infiltration. This results in water ponding for extended periods.

Initial investigations involved Council contracting a geotechnical company named Coffey to investigate the permeability of the soil around Ironbark Avenue. Attachment 1 is the resulting permeability / infiltration test results and letter report, from Coffey for Ironbark Avenue.

The report shows the soil has good permeability of 432 to 514.8 mm/hr. Coffey excavated to 2.6m and did not encounter the water table, so the water table is low. The report also notes a top layer of clay that is preventing existing water from entering the sand layer naturally.

Therefore, the main cause of the water ponding is system capacity, with the clay layer on the surface being an additional reason why water is not infiltrating when the existing pit surcharges. However, the soil has good permeability and the water table is low, therefore, a suitably sized infiltration pit is likely to eliminate the ponding issues, except during prolonged heavy rain. Removal of the clay layer could also offer further relief.

Council’s Comprehensive Guideline to stormwater states the maximum saturated hydraulic conductivity value that may be used for design purposes is 360mm/hr. The permeability results above are beyond this, but an infiltration pit still needs to be sized using the 360mm/hr rate.

Staff initially ran an 8 m³ infiltration tank through Council’s Infiltration pit design check spread sheet. This size tank does not work, larger size tanks were ran until a solution was found.

Designing for the 20 year rainfall event provided the most cost effective and efficient solution. To control this water volume a 50 m³ infiltration tank would be needed. Various shapes and depth have been considered and the 1.8m deep 0.8m x 5m x 8m tank has been recommended. This depth and size makes construction and Work Health and Safety easier, while providing the volume required.

A 50m3 infiltration tank will not cater for the 100 year event in flows or volumes, for this size event we would need to go up to a 65 m³ tank. Nor will it result in ponding only happening once every 20 years.

This option results in an infiltration tank that should in theory empty in 3-4 hours, post rain up to the 20 year event and only ponding during heavy and prolonged rain. Ponding will also depend upon the existing ground saturation and how much rain falls before and after each event. The low water table will reduce the ground saturation impact to a degree.

Council typically design to the 5, 10 or 20 year event for pipe flow, with overland flow beyond this size event. A 10 year event design does not reduce the tank size a great deal, therefore, it has been recommend to design for the 20 year event using a 50m³ infiltration tank for this location.

This infiltration tank manages water from the developments road only. Some minor alterations to the entrance off Ironbark, a 900mm wide dish drain, is recommended to further improve the design outcomes.

Attachment 2 provides the design drawings for this solution. The drawings are ready for construction purposes; however, no approvals have been obtained. The approval process is different for the Arakwal Corporation to complete the works, compared to Council completing them.

Council could complete the works as ‘Development without consent’ however the works are not within Council’s current approved budget.

Arakwal Corporation would need to make a Section 68 application to Council, to complete works within the road reserve.

Financial Implications

Survey, service location, geotechnical advice and design costs have all be costed to Council’s Byron Bay Drainage Maintenance Work Order number.

Staff have not prepared a cost estimate for the works but suggest that Indicative cost would be in the order of $30,000.

Statutory and Policy Compliance Implications

Applicable approvals are required prior to proceeding with work on ground.