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 5.1

Staff Reports - Corporate and Community Services

Report No. 5.1 Arakwal Identified Area in the Byron Bay Cemetery

Directorate: Corporate and Community Services

Report Author: Belle Arnold, Aboriginal Projects Officer

File No: I2016/42

Theme: Society and Culture

Community Development

Summary:

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

RECOMMENDATION:

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

Background

At the December 2015 meeting Council resolved that the Arakwal MoU Committee seek information from Council staff on the processes required and the scope of works for the Bundjalung of Byron Bay, Arakwal People to have an identified area in the Byron Bay Cemetery for further consideration (15-630).

The Arakwal MoU states:

2. Participation in Governance

Council to involve representatives of the Bundjalung of Byron Bay Arakwal People in Council decision making process on matters concerning Arakwal Country, People and business.

Report

On 1 February 2016 the Aboriginal Projects Officer met with Manager Open Spaces to discuss making provisions for the Bundjalung of Byron Bay Arakwal People in the Byron Bay cemetery.

At this meeting Manager Open Spaces requested some preliminary information to assist investigations;

1) Clarification on the cultural significance of having a designated space at Byron Bay cemetery.

2) Will the designated area be for Arakwal people only – Bundjalung people or other Aboriginal people? Will there be a criteria or process for Arakwal Corporation to be a part of deciding who can be buried there?

3) Is this also relevant for other cemeteries in the Byron Shire. (eg. Could another cemetery provide space for wider Bundjalung or Aboriginal people? Or would there be Arakwal people that feel more connected to other areas within your country?)

4) Estimated need and potential growth rate and identification of need into the future.

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

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

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

On 2 February, the CEO of the Tweed Byron Local Aboriginal Land Council, Leweena Williams was contacted by Council staff to discuss Aboriginal burial in local cemeteries. Chinderah and Fingal both had Aboriginal cemeteries which have now closed. These places are important historical and spiritual places for Aboriginal people in the area. Ms Williams showed support for the Byron Bay cemetery including a place for Arakwal people to be buried. Ms Williams suggested that a similar area be designated for Widjabul and Mindjunbal people in the Mullumbimby cemetery.

Financial Implications

Further investigations are required into the ongoing costs of this project.

Statutory and Policy Compliance Implications

Native Title Act 1993

Local Government Act 1993

Land Rights Act 1984

Arakwal MoU 2013

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 5.2 - Attachment 1

Internal Progress to date on the Development of the Ti Tree Lake Plan of Management

November 2015 E2015/50137

Objective	Key Staff	Comments	Outcomes	Discussion with NPWS 24 Nov 2015
1. Acceptable activities for licensing for the Council owned and managed areas	Events Officer Aboriginal Projects Officer Admin Property/ Licensing	Council staff to refer to the Plan of Management before issuing licensing for the area.	Staff can not alter current licenses but will implement when issuing new licensing. Temporary licenses have integrated the information in the Ti Tree Management Plan into their licensing approval process	Request specific information on ongoing licenses How Many Who What activities How long for
2. Trapping pest animals on Council owned areas	Team Leader Natural Environment	Under consideration		Across tenure program If Council are interested in participating in cross tenure program indicate commitment.
3. Signage on Council road reserves	Aboriginal Projects Officer	This project to be included in the Arakwal MoU Implementation Plan for 2015/16.	Funds can be utilised from 2331.053 Identify sites Workshop designs	Map provided Joint Logos on signage To come from Aboriginal Projects Budget 2331.053
4. Restricting access to Taylors lake through the Council owned Road	Manager Utilities Senior Planner, Land Natural Environment	Manager Utilities indicated support for a fence to extend between 20 – 50 metres across Taylors Lake Road to deter access to the Ti Tree Lake and protect Council’s water and sewer assets from damage from motor bikes.	This will be discussed through a proposal with OEH and NPWS	Physical restricting good. Investigate possible legal restricting. Can an easement over the road to protect bush trail but legally restrict access to future users, No motor bike infringement signs.
5. Information sharing regarding water and sewer infrastructure and maintenance schedules	Manager Utilities	Attached are the inspection sheets related to Pump Station 3029 which is the pump station that pumps through the Taylors Lake area. We do not have a specific inspection sheet for the rising main through this area as there is nothing to inspect. The only thing more we could do is drive along the road reserve to make sure no scouring by stormwater runoff has occurred. This however, would mean an all male crew going through the area with little benefit. The NPWS staff who normally access the area could advise if scouring by stormwater had occurred.	Maintenance schedules and maps have been supplied.	Resend Discuss Trash Racks of storm water drains that run into the Lake.
6. Ensuring Council’s future plans for the area adhere to the cultural values of the Aboriginal Place protection principles	Aboriginal Projects Officer Traffic and transport Coordinator Drainage/ Flood Engineer	Ongoing commitment.	Confirmation that Councils Bike Plan does not intend to use Taylors Lake Road as a bike path between Suffolk Park and Broken Head.
7. Water quality testing	Drainage/ Flood Engineer Senior Planner, Land Natural Environment Manager Utilities	Council have currently no funds identified to support a water quality monitoring program or report on it Cooperative partnership approach for culturally appropriate biannual monitoring	Work out agreement
8. Pipeline Inspection	Manager Utilities	No female staff Cooperative partnership approach for culturally appropriate monitoring	Work out agreement
9. Road closure / maintenance	Manager Utilities	Not optional to close road as it a fire trail and access to maintain infrastructure
10. Storm Water
11. Rubbish Removal				Remove dumped matter and erect chain fences to prohibit further dumping
12. Access on Council Land				Chain Fences : 1. From Taylors Lake Road across track that leads to the lake 2. Glasgow Street Suffolk Park 3. Southern End of Taylors Lake Road Broken Head
13. Ensure any septic systems on adjacent properties are operating safely and not polluting the AP				Refer to relevant staff
14. Restricting Access to walking tracks Glasgow Street Suffolk Park		Tracks are allowing access for illegal camping and dumping of household waste. Council then required to remove household waste. Garden waste also being dumped and creating weed management issues in National Park and Aboriginal Place.	Council have installed 1 chain gate in the area. Request that an additional chain gate be installed in the area. (refer to map)	Refer to relevant staff

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 5.2 - Attachment 3

4. General statement of management

The following statements outline the Aboriginal community’s vision for management of the AP:

a) Encourage local Aboriginal communities to visit the place to continue cultural and spiritual practices, through informal or legal agreements with landowners/land holders/occupiers.

b) Encourage action designed to ensure continuation of cultural practices, such as maintaining or improving water quality of the catchment and retaining and improving vegetation of high cultural value.

c) No action should be taken if it would have any adverse impact on the significance of the place.

d) Minimise the risk of harming Aboriginal objects and sites and the Aboriginal place wherever possible.

e) Refer to this management plan for all day-to-day and longer term management decision-making and to implement works and undertake other activities

f) Give Aboriginal cultural values priority in resolving any conflicts about management and change to the place.

g) Aboriginal sites and objects in the Aboriginal Place will be conserved, recorded and managed in accordance with their significance.

h) Increase public awareness of the existence of the Aboriginal place and its high level of significance.

i) Aboriginal knowledge gathered by OEH will be respected and protected.

j) OEH will support the Aboriginal communities to determine what information on the Aboriginal place will be made available, such as location, stories and significance, and whether signs are erected on the Aboriginal place.

5. Cultural values

In 2000, NPWS commissioned anthropologist Inge Riebe to prepare a report to assess the Aboriginal cultural significance of the lake and surrounding area to support the process of protecting the area by declaring it an Aboriginal place under the NPW Act.

The assessment involved interviews with Elders and other Aboriginal people with knowledge of the Place to document the area’s history and cultural values, including its archaeological context, and the history of protection efforts. The report makes valuable recommendations for respectful management of this special women’s area.

Due to the sensitive nature of the information in the report and the strong view of the Elders that the information not be made public, it is not repeated here. A summary of the cultural values of the Place that can be spoken of publicly are:

· the Aboriginal Place is a sacred place for Aboriginal women

· the Ti Tree Lake is sacred and is a registered mythological site on the OEH Aboriginal Heritage Information Management System (AHIMS)

· traditional knowledge of the Aboriginal Place is sacred for Aboriginal women and is safeguarded. Traditional beliefs mean that the stories and secrets associated with Aboriginal Place cannot be talked about publicly.

· the Aboriginal Place is one of the few sacred women's sites in the state which remain intact and for which custodians and knowledge holders remain.

· local Aboriginal women continue to deliver traditional teachings about the Aboriginal Place to Aboriginal girls and women

· Aboriginal women continue to visit the place to maintain their connection with it and to pass on knowledge of its significance to others

· Elders have previously indicated strong concerns for maintaining catchment health to support their ongoing spiritual connections to Country

Due to the sacred significance of the lake and the surrounding 150-metre core area it is appropriate that this area has the greatest restrictions on use. However, the surrounding bushland within the Aboriginal Place is also integral to protecting the lake as it provides a buffer to adjoining land use and supports important cultural resources.

The Aboriginal Place occurs within a broader context of places of significance to the Aboriginal community. Other publicly known places include Cocked Hat Rocks (Three Sisters) Aboriginal Place, off Broken Head headland, in Broken Head Nature Reserve, Julian Rocks Nguthungulli Nature Reserve, a mythological site in Byron Bay and Walgun (Cape Byron) in Cape Byron State Conservation Area, east of Byron Bay.

6. Aboriginal community management goals

Management Goal	Timeframe
The lake and surrounding core area (lakeshore and 150 metre buffer), in particular, is used in accordance with Aboriginal cultural beliefs and traditions.	Short term
The lake is healthy and unpolluted.	Short term
Knowledge is passed down within the Aboriginal community in accordance with Aboriginal custom	Long term
The broader community understands and respects the significance of the lake and surrounding area.	Short term
Stakeholders (Council, NPWS, Crown lands, neighbours) understand and respect the significance of the lake and surrounding area.	Medium term
Cultural resources are healthy and sustainable.	Long term

7. Activities that could harm the Aboriginal Place

In the Assessment of Significance prepared by Inge Riebe (2000) the following statement is made about management of the AP, reflecting the wishes of the traditional owners and the parts of an earlier plan of management (Murphy 1993) of which they approved:

a) Ensure as little disturbance to the lake as possible

b) No swimming in the lake

c) No access to the lake as far as possible (i.e. walkways)

d) No pollutants enter the lake. Sewerage, stormwater and rubbish from houses and runoff from the quarry are of particular concern.

e) Any inappropriate human interference causes harm to the lake and can be harmful to those interfering. Custodial Elders need to have full control over any access to the Lake.

f) Men particularly should avoid the lake.

The following table details the type of activities that may occur in the AP including those that may harm the AP and its special cultural significance. Conditions are included, if appropriate, to reduce the harm caused by the activity. The inclusion or exclusion of certain activities in the AP is intended to reflect the wishes expressed by the traditional owners.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 5.2 - Attachment 3

Table 1 Activities in the Aboriginal Place

Activity	Is the activity consistent with cultural values?	Under what conditions could the activity be consistent, if any?
Commercial tourism and activities	No	None.
Education activities	Yes -conditionally	Educational activities provided by local custodian Elders.
Poor quality stormwater or groundwater entering the lake.	No	None.
Other pollutants entering the lake (sunscreens, insect repellent).	No	None.
Recreational or other use of the lake.	No	None.
Men coming within 150-metres of the lake (the core area)	No	None.
Buildings or structures	No	Small-scale, temporary structures for cultural purposes only.
Camping	No	None.
Riding bicycles	No	· Restricted to Taylors Lake Road, the fire break south of houses in Suffolk Park (on Council land and NPWS). · No promotion of bike riding. · No official bikeway.
Use of motorised vehicles	No	· Driving a mobility-impaired person within the AP for cultural purposes. · Use of official vehicles for fire-fighting purposes and on the fire break south of houses on Macgregor Street.
Bushwalking	No	· Restricted to Ti Tree Lake Aboriginal Area, in accordance with an approved plan of management, Taylors Lake Road and Council land in the north west of the AP. · No promotion of bushwalking. · No walking tracks.

Activities that could cause harm	Is the activity consistent with the cultural values?	Under what conditions could it be consistent if any?
Horse riding	No	· Restricted to Taylors Lake Road and not promoted. · No official bridle path.
Parties or dance parties	No	None.
Weddings	No	None.
Exercising domestic animals (dogs and cats) or allowing them to roam free.	No	None.
Use of drones	No	Only if in conjunction with works proposed in this management plan. Apply for permission on a case-by-case-basis from the landowner/manager.
Other recreational uses of the Aboriginal Place (e.g. events, photography, picnicking, etc)	No	Passive (low-key) activities in the Ti Tree Lake Aboriginal Area, in accordance with an approved management plan, on the beach or on Council land in the north west of the AP.
Developing new pathways	No	None.
Construction of new infrastructure	No	None.
Maintaining existing pathways	No	· Low-key maintenance of the pathway providing access for cultural purposes to the western side of the lake from Taylors Lake Road. · Maintenance of the fire trail south of the houses on Macgregor Street.
Maintenance of Taylors Lake Road (a designated fire trail)	No	· No upgrading of road surface (sealing etc). · Maintain as a gravel surface. · Maintenance to the minimum standard required to provide access for fire fighting vehicles incorporating best practice erosion and sediment control and weed control.
Maintenance of utilities (water, sewer, telecommunications) under Taylors Lake Road.	No	· Maintenance of utilities under the road must incorporate best practice erosion and sedimentation control and weed control. · No upgrading of road surface (sealing, concreting etc). · Maintain the road’s gravel surface.
Cultural fire use	Yes - conditionally	· Small fires for cultural purposes (e.g. cooking, warming, ash/charcoal).
Cultural activities	Yes - conditionally	· Small groups only. · Cultural activities to be conducted by local custodian women Elders.
Activities that could cause harm	Is the activity consistent with the cultural values of the Aboriginal Place?	Under what conditions could it be consistent if any?
Clearing	No	Low-key (minimal) clearing of disturbed areas for cultural purposes.
Mining, quarrying or mineral exploration	No	None.
Pump from the lake or waterways	No	None.
Fire	No	· Only small-scale controlled burns to maintain cultural resources (i.e. culturally valuable plants and animals) if required.
Controlling weeds	Yes - conditionally	· No weed control to occur on the dunes until a general pattern of avoidance of the lake is established. · Any herbicides usage around the lake must be consistent with permits and labels and an approved weed control/bush regeneration plan. · No herbicides to be used over the lake or its tributaries, even if permitted on labels etc. · It is preferred that women undertake this activity.
Controlling pest animals	Yes - conditionally	· No poisons to be used within a 150-metre buffer area around the lake · Poison usage must be consistent with permits and labels and an approved pest control plan. · It is preferred that women undertake this activity.
Managing vegetation to reduce bush fire risk to adjacent development	No	· Management bush fire risk in accordance with the approved Far North Coast Bush Fire Risk Management Plan. · Ensure the Aboriginal Place is recognised as an asset in the Far North Coast Bush Fire Risk Management Plan.
Signs	Yes – conditionally	· Signs to educate people about significance of the place and appropriate behaviour. · Signs to be unobtrusive and placed so as not to attract visitors to the AP.
Moving, relocating or collecting objects	No.	If an object is in danger of being destroyed or damaged.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 5.2 - Attachment 3

Table 2 Proposed works and activities in the Aboriginal Place

Type of work or activity	Specification	Timeframe	Responsible authority
Design and install signage	· Signs are to educate the public about the significance of the place and appropriate behaviour. · Signs are to be unobtrusive and positioned so as not to attract visitors to the Aboriginal Place. Sign locations (see Map 4): - near the lake entrance on the edge of vegetation - on the informal track running from the lake entrance south along the lakeshore - on the southern path that leads to the southern lake - at the intersection of Taylors Lake Road and the pathway to the western side of the lake, - on Taylors Lake Road at the southern boundary of the Aboriginal Place - on Taylors Lake Road where it intersects with the western boundary of the Aboriginal Place - at the entrance to the fire break on the AP that starts at the southern end of Glasgow Street.	Short term	Council Jali LALC
Managing vegetation to reduce bush fire risk	· Manage bush fire risk in accordance with the approved Far North Coast Bush Fire Risk Management Plan. · Manage bush fire risk in the Ti Tree Lake Aboriginal Area in accordance with the NPWS Fire Management Strategy. · Ensure the Aboriginal Place is recognised as an asset in the Far North Coast Bush Fire Risk Management Plan.	Short - medium term	Council NPWS Far North Coast Bush Fire Management Ctee
Pests animals	· Develop pest animal control plan/s (possibly linked to survey). · No poisons (baits) to be used within a 150-metre buffer area around the lake · Poison usage must be consistent with permits and labels and an approved pest animal control plan. · It is preferred that women undertake this activity. · It is preferred that women undertake this activity.	Medium term	Jali LALC Council NPWS
Type of work or activity	Specification	Timeframe	Responsible authority
Pests plants	· Develop bush regeneration plans. · No weed control to occur on the dunes until a general pattern of avoidance of the lake is established. · Any herbicides usage around the lake must be consistent with permits and labels and an approved weed control plan. · No herbicides to be used over the lake or its tributaries, even if permitted on labels etc. · No poisons to be used within a 150-metre buffer area around the lake · Poison usage must be consistent with permits and labels and an approved pest animal control plan. · It is preferred that women undertake this activity. · It is preferred that women undertake this activity.	Plan - short term Works on dunes – medium term Works elsewhere – short to medium term	Jali LALC Council NPWS
Close pathways (see Map 4)	· Pathways from the beach to the lake and along the lakeshore will be closed or allowed to revegetate naturally. Investigate closure options. · Close (bollard) the pathway that starts at the western end of the fire break behind the houses on Macgregor St and runs south into the Aboriginal Place to stop vehicles. · Close (bollard) the pathway that starts at the firebreak south of Glasgow Street and runs west to Taylors Lake Road · Close the pathway that runs to the western side of the lake at the intersection with Taylors Lake Road to stop motorbikes. Investigate closure options. · Check for pathways from the beach to the northern lake – close.	Short term	Council Jali LALC
Investigate closing Taylors Lake Road	· Investigate the process and the implications for landowners/managers prior to taking any further action.	Long term	Council NPWS Jali LALC
Maintenance and adequacy of Council’s sewerage system	· Obtain copy of maintenance program from Council · Ensure maintenance program is adequate. · Ensure no pollution of the AP.	Short term	Council
Type of work or activity	Specification	Timeframe	Responsible authority
Ensure any septic systems on adjacent properties are operating safely and are not polluting the AP.	· Obtain advice from Council	Short to medium term	Council
Water quality of the lake – stormwater management	· Identify the places where stormwater enters the AP · Obtain advice about an effective stormwater sampling program, including the lake · Test stormwater and obtain a report about its likely impacts on the health of the lake. · Identify any remediation action required and implement.	Plan – short term Sample and remediate – medium to long term	Council NPWS Jali LALC Proprietors of Broken Head Quarry
Soil erosion and sediment control (Taylors Lake Rd and pathway to western side of lake )	· Determine what works are required (if any) to meet best practice erosion and sediment control standards for the road and pathway, taking into account the culturally sensitive environment. · Prepare a report including works and priorities.	Medium term	Council Jali LALC
Remove rubbish	· Remove rubbish in the clearing on the western side of the lake. · Remove rubbish from other areas of the AP as identified or reported. · NPWS to remove rubbish from the Ti Tree lake Aboriginal Area as identified or reported. · Council to remove rubbish from their property as identified or reported.	Short term	Jali LALC NPWS Council
Survey plants and animals	· Undertaken survey in accordance with OEH guidelines · Target culturally important animals/plants and threatened animals.	Medium - long term	Jali LALC Council NPWS

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 5.3 - Attachment 2

Byron Shire Council Aboriginal Heritage Planning Study

Table of Contents

Details	Page
Acknowledgements	3
Glossary	3
Background · Native Title · Local Area Land Councils · Local Environment Plan	3 3 7 8
Objectives	9
Total Area of Survey	10
Guiding Principles	10
Project Scope	12
Estimated Project Milestones and Key Dates	17
Budget	18

Byron Shire Council Aboriginal Heritage Planning Study

Scope of Work 2015

Acknowledgments: This document was prepared by Byron Shire Council’s Aboriginal Projects Officer with assistance from the Bundjalung of Byron Bay, Arakwal People and Tweed Byron Local Area Land Council with the inclusion of maps produced by the Native Title Tribunal, New South Wales Aboriginal Land Council and reference the Ask First: A guide to respecting Indigenous heritage places and values published by the Australian Heritage Commission (2002: 6); Aboriginal Cultural Heritage Regional Studies: an illustrative approach published by the New South Wales Government Office of Environment and Heritage; Community based heritage studies: A Guide; published by the New South Wales Government Office of Environment and Heritage.

AHIMS – Aboriginal Heritage Information Management System

AHS – Aboriginal Heritage Survey

AHPS – Aboriginal Heritage Planning Study

Arakwal – Bundjulung of Byron Bay Arakwal People

BSC – Byron Shire Council

DIA - Department of Aboriginal Affairs

ILUA – Indigenous Land Use Agreement

LEP – Local Environment Plan

MoU – Memorandum of Understanding

TBLALC – Tweed Byron Local Aboriginal Land Council

Native Title

Lorna Kelly, Linda Vidler and Yvonne Graham on behalf of the Arakwal people (the Applicants) lodged a Native Title determination application in the National Native Title Tribunal by which application they claim Native Title in and over land in and around Byron Shire.

The Applicants asserted their desire to live and work in the Byron Shire community in a way that promotes mutual respect between Aboriginal and non-Aboriginal people and harmonious community relations among those who live and work in the Byron Shire community.

The Aboriginal Heads of Agreement signed in 1998 between the Bundjalung of Byron Bay Arakwal People and Byron Shire Council, sets out a framework for ongoing consultation. The development of the Aboriginal Heads of Agreement ensured the Bundjalung of Byron Bay Arakwal People were involved in the management and protection of culturally significant places within the Byron Shire. This agreement is the first of its type between a local council and native title applicants in New South Wales.

The Bundjalung of Byron Bay Arakwal People’s Indigenous Land Use Agreements 1, 2 and 3 provided for the protection and management of Aboriginal cultural and heritage areas by the Bundjalung of Byron Bay, eg Arakwal National Park. Indigenous Land Use Agreements are instruments of the Native Title Act. The Arakwal people, as traditional owners conduct cultural, eco-tourism and educational programs thus providing an important cross-cultural exchange between Aboriginal people and non-Aboriginal people.

In 1995, the Bundjalung of Byron Bay Arakwal people lodged a Native Title Claim over areas of Crown land, beaches and coastal waters between Belongil Creek at Byron Bay and Jews Point on the north coast of NSW. The Arakwal people lodged a further claim in 1997 over additional land in the Byron Shire. In August 2001, an Indigenous Land Use Agreement (ILUA) between the Federal Government and the Bundjalung People of Byron Bay Arakwal was developed to implement part of the first and second Native Title Claims.

In 2001, a third Native Title Claim was lodged when it became apparent that evidence provided during the negotiations over the first two claims was applicable to additional areas outside the existing claims. This included lands up to Brunswick Heads to the north, Broken Head to the south, Mullumbimby and Bangalow to the west and approximately three nautical miles east of the mean high water mark. Negotiations over the third claim and outstanding portions of the first claim led to the development of two further ILUAs (Byron Bay ILUA 2 and Ti Tree Lake ILUA 3) which were signed in December 2006.

The Byron Shire Council Cultural Plan 2008 – 2013 explores the Shire’s Aboriginal and European heritage, defines its demographics and identifies its cultural assets, resources and activities. The Cultural Plan is a five year strategic document that prioritises a set of strategic actions for implementation by many stakeholders. It promotes the diversity of the Byron Shire through a shared vision for the community as a result of community consultation. The Byron Shire Council Cultural Plan 2008 – 2013 identified the need for Council to develop an aboriginal cultural heritage study.

In 2013 Bundjalung of Byron Bay Arakwal people signed an MoU with Council to define the partnership between the two organisations and ensure that the traditional owners could participate in governance in the Byron Shire. Through this process Council committed to work in partnership with the Bundjalung of Byron Bay Arakwal people to ensure preservation of cultural practices, traditional sites, significant places and expressions of cultural identity.

Fig 1: Byron Shire Native Title claimant’s boundaries

Local Area Land Councils

Local Aboriginal Land Councils (LALCs) have a degree of governance and interface with Local Councils, State and Federal Government bodies. There are three Local Aboriginal Land Councils whose boundaries overlap with the Byron Shire, being the Tweed Byron LALC situated in Tweed Heads, Jali LALC situated in Ballina, and Ngulingah LALC situated in Lismore. Local Aboriginal Land Councils have a right to be informed in the planning, protection and preservation of cultural sites and areas under the NSW Aboriginal Land Rights Act on land within their boundaries. The objectives of each Local Aboriginal Land Council are to improve, protect and foster the best interests of all Aboriginal persons within the Council's area and other persons who are members of the Council. Services include housing, legal affairs, employment, training and property acquisition and management.

· Tweed Byron Local Aboriginal Land Council

· Jali Local Aboriginal Land Council

· Ngulingah Local Aboriginal Land Council

Fig 2: Excerpt from Local Area Land Council Boundary Map 2006 http://www.alc.org.au/media/84166/lalc%20boundary%20map%202009.pdf

--- Red line Local Area Land Council Boundary

--- Blue Line Local Government Area Boundary

Local Environment Plan

The provisions in Byron Local Environmental Plan (LEP) 2014 that allow places with Aboriginal heritage significance to be listed in the LEP (and therefore have specific development controls apply to them) is based on the definition of ‘Aboriginal place of heritage significance’ in the LEP (reproduced below). For an Aboriginal heritage place to meet the definition and consequently be eligible for listing in the LEP then the place needs to be identified in an Aboriginal Heritage Study that has been publicly exhibited and adopted by Council.

Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is:

(a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

Note. The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.

If a place of Aboriginal heritage significance is listed in the LEP then clause 5.10 would apply to any development application on that land. This is also the case if an Aboriginal heritage object is located on the land. This means that development consent would be required to disturb, excavate, subdivide, erect a building etc (unless it is minor works or for maintenance) on such land and that Aboriginal communities have to be notified of the application and given 28 days to comment. Depending on the works proposed site specific investigations of significance would also have to be undertaken as part of any development application.

The Byron Shire Council Aboriginal Heritage Planning Study 2016 will be implemented across four stages:

Stage One

Literature Review – Archival material

Review of AHIMS register

Anthr

Principle objectives of this Aboriginal Heritage Planning Study will be to research and identify Aboriginal cultural heritage sites occurring within the Byron Shire Local Government Area for inclusion in the Byron Shire Local Environment Plan.

The project would take on a collaborative approach working closely with the Bundjalung of Byron Bay, Arakwal people, Tweed Byron Local Aboriginal Land Council, Jali Land Council, the Bundjalung Council of Elders and other Aboriginal Stakeholders.

In addition this study aims to:

· Formalise existing cultural knowledge to utilise statutory mechanisms to register sites for protection and preservation,

· Develop predictive tools to identify other potential sites,

· Educate the broader community on the Aboriginal history and occupation of the Byron Shire,

· Enhance relationships between Byron Shire Council and the Community in order to appropriately manage the Aboriginal Cultural heritage resources of the area.

· Promote the preservation of Aboriginal Cultural Heritage within Council and the broader community,

· Work collaboratively with Aboriginal Stakeholders to enable multi stakeholder management initiatives for the protection of Aboriginal sites and places,

· Directly involve the Aboriginal community in planning processes on country.

Byron Shire is located on the Far North Coast of NSW and shares its boundaries with the Tweed, Lismore and Ballina Local Government Areas (LGAs). Brisbane is approximately 200 kilometres north and Sydney approximately 800 kilometres to the south. The Shire is 556 square kilometres in size and is famed for its rural beauty and beaches. The local resident population of Byron Shire at the date of the 2011 Census was 29,209.

Aboriginal cultural heritage protection and preservation aims to enable and enhance relationships between Aboriginal people and their heritage places.

This study will adopt the principles contained in the Ask First: A guide to respecting Indigenous heritage places and values published by the Australian Heritage Commission (2002: 6) . It states;

In recognising the rights and interests of Indigenous peoples in their heritage, all parties concerned with identifying, conserving and managing this heritage should acknowledge, accept and act on the

principles that Indigenous people:

• are the primary source of information on the value of their heritage and how this is best conserved;

• must have an active role in any Indigenous heritage planning process;

• must have input into primary decision-making in relation to Indigenous heritage so they can continue to fulfill their obligations towards this heritage; and

• must control intellectual property and other information relating specifically to their heritage, as this may be an integral aspect of its heritage value.

In identifying and managing this heritage:

• uncertainty about Indigenous heritage values at a place should not be used to justify activities that might damage or desecrate this heritage;

• all parties having relevant interests should be consulted on Indigenous heritage matters; and

• the process and outcomes of Indigenous heritage planning must abide by customary law, relevant Commonwealth and State/Territory laws, relevant International treaties and covenants and any other legally binding agreements.

Adhering to cultural restrictions on information about an Indigenous heritage place is essential to maintaining its heritage value.

Byron Shire Council recognise that Aboriginal people are the experts on Aboriginal Cultural Heritage. For this Aboriginal Heritage Planning Study BSC would establish a steering committee of representatives from the Arakwal people, Tweed Byron Local Aboriginal Land Council, Jali Land Council and Ngulingah Land Council and other stakeholders to participate in the direction and decision making on the project including:

· tendering process

· appointing consultants

· priority areas

· intellectual property

· culturally appropriate information sharing

· and other matters as they arise.

Project Scope

Project Manager:

Belle Arnold, Aboriginal Projects Officer

Key Staff:

Director Corporate and Community Services

Manager Community Services

Manager Development Assessment and Certification

Manager Land and Natural Environment

Aboriginal Projects Officer

Project partners:

Bundjalung of Byron Bay Arakwal People

Tweed Byron Local Aboriginal Land Council

Stakeholders:

Bundjalung of Byron Bay Arakwal People

Tweed Byron Local Aboriginal Land Council

Jali Land Council

Ngulingah Local Aboriginal Land Council

Bundjalung Elders Council

Minjungbal Museum

Resources:

Bundjalung of Byron Bay Arakwal People

Tweed Byron Local Aboriginal Land Council

Jali Land Council

Ngulingah Local Aboriginal Land Council

Bundjalung Elders Council

Minjungbal Museum

Richmond Tweed Regional Library

Brunswick Valley Histroical Society

AHIMS Register

Australian Institute of Aboriginal and Torres Strait Islander Studies

National Library

State Library of NSW

NSW Department of Environment and Heritage

National Parks and Wildlife Service

Southern Cross University

Cavanbah Reconciliation Group

Bundjalung Cultural mapping Project

Variables:

Change in Key Staff within Council

Change in Key Staff at partner or stakeholder organisations

Weather Incidents during Site Survey period

Definitions:

For the purpose of this Study Aboriginal Cultural Heritage Places and Values are categorised as follows

- Precontact (pre- 1788) places

- Historical Places (post 1788)

- Social and Spiritual places

- Wild resource use places

Tasks:

Literature Review – Byron Shire Council Project

Extensive research of AHIMS register existing archival documentation, a review of statutory and non statutory registers and listings, and a consideration of local histories (including oral history sources from key stakeholders) and available pictorial sources concerning the use of the local landscape by Aboriginal people in the distant and more recent past.

· Prepare a report containing a summary of the key findings

Sites Survey - Consultants

Ethnographic/anthropological survey identifying and documenting known sites by undertaking ground surveys, preparing maps showing the location of the sites and make recommendations regarding the management of the sites. Sites survey to include both tangible and intangible sites. Photographs and GPS coordinates of sites included.

Predictive research to identify potential unknown sites - Consultants

Relocate previously recorded Aboriginal Cultural Heritage Sites and investigate possible sites and areas of potential Aboriginal cultural heritage sensitivity. Predictive Aboriginal Cultural Heritage management involves a thorough understanding of the environmental, historical and archaeological context of the area as this information is key to understanding the nature of the Aboriginal use of the area and the likelihood that physical traces.

This considers aspects such as:

The distribution and availability of resources (including drinking water, plant and animal foods, raw materials of stone used for artefact manufacture, and wood and vegetable fibres used for other tool production and maintenance needs) are all influenced by the nature of soils, the composition of vegetation cover, and other climactic characteristics including temperature and rainfall.

The location of different site-types (such as middens, axe grinding grooves and engravings etc) are also influenced by the above factors, along with a range of other associated features which are specific to different land-systems and bedrock geologies (e.g. rock engravings and rock shelters only occur where there are suitable sandstone outcrops).

Sites Registration

Coordination and documentation of registrations to be lodged under the Aboriginal Heritage Act 1972 (AHA) and NSW Department of Environment and Heritage. Collating all information required for the purpose of reporting any unregistered sites to the Department of Environment and Heritage for the AHIMS register

Aboriginal Cultural Heritage Management System - Consultants

Recommendations to Council on how to manage Aboriginal Cultural Heritage in the Byron Shire.

Provide a detailed Aboriginal Cultural Heritage Planning Report to Council containing detailed findings on all tasks.

Methodology

Deliverables:

Detailed Aboriginal Cultural Heritage Planning Report including maps of charted sites and photographs, outlining findings, methodology and consultation.

Mapping layer for planning department to utilise identifying areas that require Aboriginal Heritage Impact Permit as part of Development Application process.

Registration of unknown sites where applicable.

Aboriginal Cultural Heritage Management System report.

DCP/LEP to include sites

Administration:

Develop Expression of Interest

Coordinate tender process

Manage Consultants

Coordinate Aboriginal Reference Group as Steering committee meetings and communications,

Reporting – consultants, steering groups, to Council, community and NSW Environment and Heritage

Relevant permits

Inclusions:

Literature Review, photo archive review, Search sites registers, consideration of local histories (including oral history sources), Ethnographic/anthropological and archaeological survey, Predictive research to identify potential unknown sites, Coordinate detailed Aboriginal heritage field surveys, Cultural Heritage Management System, Progress reporting and final report, legitimate stakeholders.

Exclusions:

Culturally inappropriate information handling and sharing

Non Aboriginal Cultural Heritage (unless relevant).

Key Risks:

Conflict between stakeholders

A lack of willingness to share cultural knowledge around sacred sites

Lack of historical documents

Death or illness of significant culture holders.

Assumptions:

Consultant to be engaged through tender process to conduct the Aboriginal heritage planning study on behalf of Council.

Sites identified to be exhibited for inclusion in the Council’s LEP.

Intellectual Property on cultural information to be respected.

The findings of this study will be used to protect and preserve Aboriginal Cultural Heritage sites.

Stakeholders rights under the Native Title Act and Land Rights Act to be respected

Constraints:

Budget

Relationships with local Aboriginal Community

Historical Records

Confidential information

Cultural protocols on information sharing

Access to sites of private property

Management of expectations

Intellectual Property:

Develop a Memorandum of Understanding between project partners and key stakeholders clarifying ownership of intellectual property.

Estimated Project Milestones and Key Dates	Date
Grant Application Due	16 January 2015
Announcements	01 July 2015
Project Initiation · Form Aboriginal Steering Committee · Commence Literature Review	26 July 2015
Steering Committee Meeting - · EOI for Consultants · MoU Intellectual Property · Literature Review · Local Oral Histories Project	10 August 2015
Advertise for EOI for Consultants	Mid September 2015
Oral Histories Project	September – 8 weeks 2015
Steering Committee to select Consultant	Mid October 2015
Appoint Consultant	End October 2015
Steering Committee Meeting · Introduce Consultants to Stakeholders · Oral Histories Project Update Report and Review	Mid November 2015
Steering Committee Meeting · Sites Surveys Review · Predictive Sites · Oral Histories Project Update Report and Review	3 Feb 2016
Steering Committee Meeting · Sites Surveys Review · Predictive Sites · Aboriginal Heritage Management Strategy	April 2016
Sites Registered with NSW Environment and Heritage	May 2016
Final Report from Consultant	June 2016
Acquittal Report	30 June 2016
Report to Council and Project Partners	August 2016
Public Exhibition of Sites Indicative Areas	August 2016
Inclusion of Aboriginal Sites in the LEP	November 2016

Budget
Details	Amount	Funding Source
Project Coordination	10 000	BSC
Administration	5 000	BSC
Steering Committee Management	8 000	BSC
Literature Review	8 000	BSC
Oral Histories Project	10 000	BSC
Consultants Fees · Sites Survey · Predictive Sites Research · Aboriginal Heritage Management Strategy · Sites Registration · Final Report	50 000	Department of NSW Environment and Heritage
Integration of Aboriginal Heritage Planning Study into LEP	5000	BSC
Total	96 000

Venue	Arakwal Room, Byron Bay Library
Date	Tuesday, 1 March 2016
Time	11.30am

Organisation	Role / Interest
Byron Shire Council	Landowner, Crown land trustee, owns sewer, water and drainage infrastructure.
Jali Local Aboriginal Land Council	Landowner
Crown Lands	Land manager
NPWS	Land manager
Marine Parks	Land manager
Bundjalung of Byron Bay Aboriginal Corporation (Arakwal)	Native title claimants
Bundjalung Elders	Traditional knowledge holders
Telstra	Owner of telecommunications infrastructure
Neighbours of the Aboriginal place	Neighbouring property