14.2 - Attachment 2
Arakwal Memorandum of
Understanding
ADVISORY COMMITTEE MEETING
An Arakwal Memorandum of Understanding Advisory
Committee Meeting
of Byron Shire Council will be held as
follows:
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Venue
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Conference Room, Station
Street, Mullumbimby
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Date
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Thursday, 6 November 2014
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Time
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10.00am
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Ken Gainger
General Manager #E2014/68530
Distributed
30/10/14
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.
14.2 - Attachment 2
BUSINESS OF MEETING
1. APOLOGIES
2. DECLARATIONS OF INTEREST – PECUNIARY AND
NON-PECUNIARY
3. ADOPTION
OF MINUTES FROM PREVIOUS MEETINGS
3.1 Minutes
from the 20 August 2014 meeting
4. BUSINESS ARISING FROM PREVIOUS MINUTES
5. REPORTS BY DIRECTORATE
5.1.... Progress Report on
Consultation and Engagement for Development Applications and other matters in
regards to public land.......................................................................................... 2
5.2.... Aboriginal Projects Grant
Submissions 2014...................................................................... 7
5.3.... Local Government
Aboriginal Network Conference......................................................... 10
6. OTHER BUSINESS
6.1 World Parks Congress (Delta
Kay)
6.2 Reconciliation Action
Plan
6.3 Ti Tree Lake (Taylors
Lake) Update
CORPORATE AND
COMMUNITY SERVICES REPORTS
Director: Corporate and
Community Services
Report Author: Belle Arnold, Indigenous
Projects Officer
File No: #E2014/68001
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Theme:
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Community Development, Corporate and Community Services
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Summary:
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A priority project for 2013/14 from the Arakwal Memorandum
of Understanding is:
2.2.2 Consultation processes for development
applications
Development of clear
processes in regard to development applications and other planning mechanisms
in culturally and environmentally significant areas.
Development of frameworks for ongoing
consultation processes.
Council resolved (14-332) to adopt as a framework for the
development of these consultation processes. This report outlines the
progress on this matter.
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RECOMMENDATION:
That the Arakwal Memorandum of Understanding Advisory
Committee:
1. Note
the progress on the development of frameworks for ongoing consultation
processes.
2. Note
the external funding sources identified that could potentially assist Council
undertake a Shire Wide Aboriginal Cultural Heritage Survey.
3. Recommend
to Council’s Planners Sustainable Environment and Economy to consider that Council’s
document titled Guide to lodging a Development Application be amended to
include:
a) a description
of how the impacts of their development have been identified, and the steps
that are proposed to protect the aboriginal heritage and archaeological aspects
of the environment or reduce expected harm.
b) a
summary of Due Diligence Code of Practice for
the Protection of Aboriginal Objects in New South Wales and a link to the
associated website.
c) provision
of evidence of the proponents of due diligence under the NSW National Parks
and Wildlife Act 1974 (NPW Act) in relation to their applications.
d) an
explanation of the Aboriginal Heritage Impact Permit required if a development
is deemed to cause harm to an Aboriginal place or object under s.87 and/or s.90
of the NSW National Parks and Wildlife Act 1974 (NPW Act).
Attachments:
· Due Diligence Code of Practice for the
Protection of Aboriginal Objects in New South
Wales #E2014/18844 [33 pages]........................................................................................ Annexure
1
Background
On 7 August 2014 Council resolved (14-332) that in
relation to Report 4.1 ‘Consultation and engagement for
Development Applications and other matters in regards to public land Council
adopt:
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.
The Arakwal Memorandum of Understanding contains the
following:
2. Participation in Governance
Council to involve representatives of the Bundjalung of
Byron Bay Arakwal People in Council decision making process on matters
concerning Arakwal Country, People and business.
2.1 Participation
in Governance: Guiding principles
2.1.1 Representation and Self
Determination
2.1.2 Consultation
2.1.3 Responsiveness
2.1.4 Inclusion
2.2 Participation
in Governance: Specific Projects
2.2.1 Participation in
Committees
Council to ensure
representation on Council Advisory Committees, Project Reference Groups and
Steering Committees with dedicated Arakwal positions on relevant forums.
2.2.2 Consultation processes
for development applications
Development of clear processes
in regard to development applications and other planning mechanisms in
culturally and environmentally significant areas.
Development of frameworks for
ongoing consultation processes.
Report
This report outlines the progress on item 2.2.2 from the
Arakwal MoU.
On 1 September 2014 the Aboriginal Projects Officer met with
the Director of Planning, Development & Environment Services, Manager of
Development, Certification and Assessment and the Director of Corporate and
Community Services to discuss an implementation strategy for resolution 14
-332.
It was identified that the Department of Planning,
Development and Environment Services were under resourced and could not commit
staff to the implementation of this resolution but would support the Aboriginal
Projects Officer to implement.
It was identified that the Shire Wide Aboriginal Cultural
Heritage Survey was essential for planning staff to be able to protect and
preserve sites. The Aboriginal Cultural Heritage Survey is an outstanding
action from the Council’s Cultural Plan. It was further identified that strong
working relationships with all the Aboriginal stakeholder groups is essential
for this project to be successful and have meaningful outcomes and strengthen
any funding applications for the heritage survey.
a) Identify
potential external funding sources for a Shire Wide Aboriginal Heritage Survey
(13-422)
The Aboriginal Projects Officer met to discuss with
Council’s Grant Officer to identify the Shire Wide Aboriginal Heritage Survey
as a potential grants project. The Grants Officer has placed it on the
register and will notify the Aboriginal Projects Officer of any applicable
grants.
The Aboriginal Projects Officer conducted some research into
potential funding for a Shire Wide Aboriginal Heritage Survey. Following
programs have been identified.
About the Indigenous Heritage Program
The Indigenous Heritage Program (IHP) is an
ongoing competitive annual grants program which provides funding to support the
identification, conservation, and promotion of heritage places important to
Aboriginal and Torres Strait Islander people. Since 2004, the program has
provided over $30 million to support more than 500 Indigenous heritage projects
across Australia.
As well as delivering strong heritage
outcomes, the IHP delivers broader social, health and economic benefits for
Indigenous communities. The program supports projects which provide Indigenous
people with education, training, employment and business opportunities, and
which foster Indigenous peoples' aspirations to care for and reconnect with
country and maintain their cultural traditions.
Projects funded through the IHP in 2012-13
include conservation of burial sites, conservation management plans, heritage
surveys, interpretative signage, pamphlets, books and repair work. Further
information can be found at IHPgrants@network.pmc.gov.au.
Conserving, Promoting and Supporting NSW Aboriginal
Heritage Grants
NSW State Government Department of Environment and Heritage
have the grant round Conserving, promoting and supporting NSW Aboriginal
heritage. The website outlines the following:
Project purpose: To provide funding for
projects that conserve, promote and support Aboriginal heritage in NSW
Funding: grants of up to $100,000 are
available for Aboriginal heritage projects
dollar-for-dollar grants are
available to local government for Aboriginal heritage projects
minimum project value is $20,000
(excluding GST).
Application closing dates: Applications
for project funding in 2014-16 open in late 2014.
Who can apply: Aboriginal
organisations, businesses or community groups
Local councils, other
organisations or consultants working in partnership with an Aboriginal
applicant, Individuals that have the support of the local Aboriginal community,
State or local government agencies working as project partners with community
organisations, individuals or business (but NOT those undertaking work as part
of their statutory responsibilities)
Projects eligible
for funding include:
· Interpretation of culturally
significant Aboriginal places, such as walkways, signs and trails, and mapping
of tracks or places
· Recording or documenting of significant
Aboriginal community events, including contemporary community events
· Recording or documenting shared history
projects, including showgrounds, race courses, world wars, etc.
· Aboriginal cultural heritage tourism
· Recording oral histories and
collections to increase understanding between generations and communities
· Researching Aboriginal heritage places,
areas and event(s)
· Educating communities on their cultural
heritage using media such as brochures, DVDs and publications
· Conservation management planning documents
or site-based studies
· Undertaking physical conservation works
to protect Aboriginal sites or items.
Foundation for Rural and
Regional Renewal and Culture, Arts, Tourism & Community Heritage (CATCH)
The Culture, Arts, Tourism &
Community Heritage (CATCH) program was established in 2009 in response to the
need for an independent and flexible source of funding to support worthwhile
activities in the areas of culture, tourism, arts, history and heritage across
rural, regional and remote Australia.
The 2014 funding program will
provide grants of up to $20,000, which will be targeted at NSW, QLD and NT this
funding would only partially fund the Shire Wide Cultural Heritage Survey.
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) (13-222)
Measures in the Development Application process ensure
consideration of Aboriginal cultural heritage
Council’s document titled Guide to lodging a Development
Application (TRIM doc DM891570) advises prospective developers (in cases
other than Designated Developments) that they need to attach a Statement of
Environmental Effects (SEE) with their application. The document explains that
an SEE should include a statement on the impacts of the development on the
natural, human and built environment that includes “historical, aboriginal
heritage and archaeological aspects”. The SEE must also include a description
of how the impacts have been identified, and the steps that are proposed to
protect the environment or reduce expected environmental harm.
Currently the Council does not give DA proponents any
guidelines or advice, or require proof of, their exercise of due diligence
under the NSW National Parks and Wildlife Act 1974 (NPW Act) in
relation to their applications. The Council doesn’t provide information on
their responsibilities under the NSW Heritage Act 1977 or Commonwealth
heritage legislation.
When assessing DAs, council planning staff
are guided by the internal Development Application Evaluation Report. The
document systematically works through EP&A Act Section 79C and refers the
planner to consider the application of various provisions under relevant SEPPs,
LEPs and DCPs. This assessment template does not explicitly guide Council’s
staff to consider the Aboriginal Heritage Information Management System (AHIMS)
database (managed by OEH) however it is the responsibility of the proponent to
have undertaken this research in the production of their Statement of
Environmental Effects (SEE).
Council’s document Guide to lodging a Development
Application could be amended to include advice to the proponent on their
due diligence responsibilities under the National Parks and Wildlife Act
1974 (NPW Act). In addition, Aboriginal cultural heritage checklist
could be included with all DA information kits for proponents. The checklist
could be an adaptation of the Office of Environment and Heritage’s (OEH) Due
Diligence Code of Practice (DDCP) for the Protection of Aboriginal Objects
in NSW (TRIM doc #2014/18844). The DDCP is also available on the OEH website
at: http://www.environment.nsw.gov.au/].
Proponents could be handed the DDCP (this document will be current until the
proposed changes under the review of the NPW Act come into force).
If a development is deemed to cause harm to an Aboriginal
place or object, then an AHIP (Aboriginal Heritage Impact Permit) is required
under s.87 and/or s.90 of the NPW Act. Guidelines for Aboriginal consultation
in the production of the permit application are described in the NSW DECCW (now
Office of Environment and Heritage) document titled Aboriginal cultural
heritage consultation requirements for proponents 2010. This document could
also be provided to the DA proponent.
Financial Implications
Nil from this report
Statutory and Policy Compliance Implications
Native Title Act 1993
NSW National Parks and Wildlife Act
Local Government Act
Director: Corporate
and Community Services
Report Author: Belle
Arnold, Indigenous Projects Officer
File No: #E2014/68347
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Theme:
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Community Development,
Corporate and Community Services
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Summary:
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This report provides an update
on the grants Council staff have applied for in 2014 for the provision of
Aboriginal and Torres Strait Islander programs in Byron Shire.
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RECOMMENDATION:
That the Arakwal Memorandum of
Understanding Advisory Committee
1. Note the Aboriginal Projects Grant Submissions.
2. Identify any further projects for funding for 2014/15.
Report
This report provides an update on the grants Council staff
have applied for in 2014 for the provision of Aboriginal and Torres Strait Islander
Programs in the Byron Shire and to consult with the Arakwal MoU Advisory
Committee to identify priority projects for further funding submissions in
2014/15.
Council’s 2014/15 Operational Plan (3.28) states that all
Council staff are to apply for State and Federal Grants where applicable.
The following is a summary of grants that staff have applied
for to deliver projects for the Aboriginal and Torres Strait Islander
community.
Mental Health Month Small
Grants Women’s Yarn Circle Event
Mental Health Association of NSW are providing funding to
Council of $550 to deliver the Yarn Circle event.
The yarning circles will bring
together women from the community and beyond to highlight relevant issues that
are causing them anxiety, depression or Stress. The event will have a strength
based approach and offer creative ways of coping with stress and creating
change in personal life and in the whole of community. The event will be a
facilitated yarning circle, discussing issues in our community and brainstorming
strategies for empowerment and wellness. The workshops will be facilitated as
culturally safe spaces and incorporate Aboriginal processes.
Creative
Workshops will include:
· weaving
circle to engage in a meditative cultural practice
· Earth
Mandela
· Bush
Tucker Garden
· Self
Care Workshops
· Guided
Meditation and Yoga
Project Partners include: Women’s Resource Service,
Mullumbimby and District Neighbourhood Centre, Sisters for Reconciliation,
Arakwal.
Event: 28 October 2014
Regional Arts Fund - Njadhu mala
buhbiyn waybar - I will blow the fire
Regional Arts NSW are the funding body. Council were
successful in receiving $20,450 to deliver this project.
I will blow the fire is about revitalizing cultural
practice. A series of cultural intensive workshops working with an established
group of children and young people from the Brunswick Valley and beyond. The
workshops will be lead by cultural and Aboriginal artistic leaders from our
local community and include dance, song, music, visual arts, weaving and other
cultural artefact production.
The project application was developed in consultation with
Bundjalung of Byron Bay Arakwal people, Tweed Byron local Aboriginal Land
Council, Ocean Shores Public School, Mullumbimby High School, Bat Bus, Nigel
Stewart and Dhinawan Baker.
Creative Aging Strategy Celebrate Life - Elders Flash Mob to the Beat
Local Government NSW are the funding body. Council were
successful in receiving $4000.
Celebrate
Life - Elders Flash Mob to the Beat will build on the success of the local
Seniors drumming circle to introduce a fusion of contemporary jazz and
traditional aboriginal dance to create an age appropriate 'flash mob' dance for
seniors that can be performed at local events. The Seniors drumming circle
would develop the music to accompany the performance.
The
project aims to bring together indigenous and non indigenous older people in a
fun and creative way that promotes healthy activity. Celebrate Life showcases
an investment in evolving culture acknowledging our elders as the keepers of
this culture and allowing them a space in which to lead the community in the
creation of cultural expression based on reconciliation of our difference
cultures.
This
project will offer drum and dance workshops at the Byron Community Centre and
hold a showcase event at the Byron Theatre and participate in the New Years Eve
Events in Byron Bay and at random community cultural events.
Country Arts Support Program - Art to wake the power
within
Arts Northern Rivers are the funding body. The application
is for $5,000 with the grants for this funding round still to be announced.
Working with women to develop professional art pieces on
themes of secret, sacred, strength and women's empowerment. The main
activities of the grant will be art workshops working with three different
women artists to work with women in our community to develop an empowerment
oracle, exhibition and professional art product and resource for the Women of
the community. For this project Council are working in partnership with the
Women Resource Service and the Mullumbimby Neighbourhood Centre.
The workshop program will comprise of intensive full day
workshops as part of local community events including International Women's
Day, Harmony Day and NAIDOC Week and will be open to all women in the community
and specific 6 - 8 week workshop series targeting women surviving domestic
violence, young women and Indigenous Women. Artists will workshop many visual
arts mediums to create the art works. On the completion of the workshop process
Council will host exhibitions based on the thematic content of the work to
showcase the artworks and to work with the women to produce an arts event. The
exhibitions will involve women involved in the workshop series but will be open
to all women who wish to gain experience in organising and curating an arts
event. The project aims to offer many entry points into various art forms for
women to work alongside established artists and community development workers
to deliver a number of arts outcomes.
Council have developed this application in response the WRS
requesting another print of the existing oracle, they have a high demand for
further cards and from other organisations who utilise them. Council have
discussed the project with the Byron Youth Council, Arakwal Corporation, Byron
Youth Service and with artists in the area. The oracle allows a high number of
women to participate and be included in the final product. The steering
committee model allows for additional consultation to be undertaken in regards
to the project.
Financial Implications
Mental Health Month $550
Regional Arts Fund $20,450
Local Government Association of
NSW $4000
These successful grants will
contribute $25,000 towards cultural projects for Aboriginal and Torres Strait
Islander people in the Byron Shire.
Statutory and Policy
Compliance Implications
Operational Plan 2014-15
Arakwal Memorandum of
Understanding
Director: Corporate and
Community Services
Report Author: Belle Arnold, Indigenous
Projects Officer
File No: #E2014/68496
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Theme:
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Community Development, Corporate and Community Services
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Summary:
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This report provides information from the Local Government
Aboriginal Network Conference 2014.
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RECOMMENDATION:
That the Arakwal Memorandum of Understanding Advisory
Committee:
1. Note
the information regarding the 2014 Local Government Aboriginal Network
Conference.
2. Note
the use of Reconciliation Action Plans as a tool used by Local Government for
managing Council’s responsibilities to multiple Aboriginal and Torres Strait
Islander stakeholder groups.
3. Discuss
the development of a Reconciliation Action Plan for Byron Shire’s Indigenous
Community.
Report
Council sent the Indigenous Projects Officer to the 2014 Local
Government Aboriginal Network (LGAN) Conference held in Narrandera on 10–12
September 2014. The theme of this
year’s LGAN Conference was Connecting to Country – old ways, future paths.
The LGAN conference is an annual
event hosted by various councils across NSW. It is a three day conference aimed
at enhancing the profiles of Aboriginal Communities, skills and cultures.
The NSW Local Government Aboriginal Network
(LGAN) has been operating since 1988 to provide an information exchange and
forum for discussion on local government issues relating to Aboriginal
communities, businesses and the wider community. The Network is made up of
Aboriginal Liaison Officers working in Local Government and Aboriginal people
who have been elected as Councillors. It provides support and information for
network members.
The following sessions were the most useful and relevant to
Byron Shire Council:
· Cultural Tourism – NSW NPWS
· Cultural Mapping showcasing cultural
connection in the landscape – NSW Office of Environment and Heritage
· Aboriginal Cultural Heritage Reforms –
Local Government NSW
· Black Screen – National Film and Sound
Archive
· The Indigenous Advancement Strategy –
Department of Prime Minister and Cabinet
· Presentation by the Australian Bureau
of Statistics
More useful and relevant was the opportunity to network with
Aboriginal staff in similar positions from all over the state and learn about
projects that are similar to those that Byron Shire Council are developing.
Reconciliation Action Plans (RAPs) are the tool the majority
of Local Councils are using to manage their responsibilities to their
Indigenous communities. RAPs are particularly relevant where there are
multiple traditional owner groups and land councils over a local government
area.
Financial Implications
Nil from this report
Statutory and Policy Compliance Implications
Local Government Act 1993
