Agenda of Aboriginal Advisory Committee

Aboriginal Advisory Committee – Monday 13 August 2018

Page II

Membership

Ms Sue-Anne Cutmore - Chairperson

Clr Cheyne

Clr Levett

Clr Kitchener

Clr Proudfoot

Mr Russ Pigg or nominee

Ms Janet Atkins

Ms Sylvia Timbery

Ms Patricia Lester

Mr Shane Brown

Ms Leonie Ebzery

Mr Noel Wellington

Mr Paul McLeod

Mr Charlie Ashby

Ms Janaya Hennessy

Mr Morgan Blakeney

Ms Valda Corrigan (NPWS)

Nowra LALC – Sharlene Cruickshank

Jerrinja LALC - Rebecca Woods

Ulladulla LALC

Quorum – Five (5)

Purpose

To provide appropriate and considered advice to Council on all relevant issues affecting Aboriginal and Torres Strait Islander people within the Shoalhaven LGA, and to influence Council’s support & intent in achieving their objectives for the current Statement of Commitment 2010 (SoC) and the Shoalhaven City Council Community Strategic Plan 2023 (SCCSP).

Role of the Committee

· To advise Shoalhaven City Council on necessary issues relating to Aboriginal communities in the LGA.

· Promote and increase knowledge & understanding of Aboriginal society, history & culture in the LGA.

· Facilitate access and accessibility to services and facilities for Aboriginal people.

· Advise on the development and implementation of the Shoalhaven City Council Community Strategic Plan.

· Develop strong collaborative partnerships between Aboriginal communities and Shoalhaven City Council.

· Maintain strong links between Council and Aboriginal communities throughout the Shoalhaven to accomplish the relationships and outcomes required for genuine reconciliation.

· Foster and safeguard a spirit of mutual trust and respect which allows the AAC and Shoalhaven City Council to work together in their commitment towards intelligent, well informed decision making processes that are sensitive to all Aboriginal issues.

· Recognise, support & uphold past and present local cultural heritage and its place in future Council directions.

· Remain a meaningful ‘place’ for the communication of messages and information from Aboriginal community voices that identify local needs for services, facilities and activities.

· Support and promote significant celebrations and events within the Shoalhaven Aboriginal and Torres Strait Islander community.

Minutes of the Aboriginal Advisory Committee

Meeting Date: Monday, 7 May 2018

Location: Jervis Bay Rooms, City Administrative Centre, Bridge Road, Nowra

Time: 4.08pm

The following members were present:

Ms Sue-Anne Cutmore – Chairperson

Clr Amanda Findley – arrived 4.36pm

Clr Nina Cheyne

Clr John Levett

Ms Nowra LALC - Sharlene Cruickshank

Ms Valda Corrigan

Ms Janet Atkins

Mr Morgan Blakeney

Ms Margaret Simoes – General Manager’s Nominee

Others present:

Clr Patricia White – left 6.14pm

Gordon Clark – Strategic Planning Manager

Marie-Louise Foley – Coordinator – Strategy Planning Team

Donna Corbyn – Community Development Officer

Apologies / Leave of Absence

Apologies were received from Clr Kitchener, Charlie Ashby, Leonie Ebzery, Sylvia Timbery, Shane Brown, Patricia Lester and Noel Wellington.

The Committee held a moments silence for Elders past and present.

Confirmation of the Minutes

RESOLVED (By consent)

That the Minutes of the Aboriginal Advisory Committee held on Monday 12 February 2018 and Aboriginal Advisory Committee held on Tuesday 27 March 2018 be confirmed.

CARRIED

Declarations of Interest

Nil

Reports

AA18.7 Election of Chairperson	HPERM Ref: D18/3103
As stated in the report that this was previously reported in error and no action is required. It was advised that the Committee reaffirm the Chairperson.
Recommendation (Item to be determined under delegated authority) That the committee reaffirm the following as resolved at the Aboriginal Advisory Committee 24 November 2016 (tenure to conclude in November 2020): 1. Sue Cutmore be appointed as Chairperson of the Aboriginal Advisory Committee. 2. Clr Kitchener be appointed as Co-Chairperson of the Aboriginal Advisory Committee.
RESOLVED (By consent) That the committee reaffirm the following as resolved at the Aboriginal Advisory Committee 24 November 2016 (tenure to conclude in November 2020): 1. Sue Cutmore be appointed as Chairperson of the Aboriginal Advisory Committee. 2. Clr Kitchener be appointed as Co-Chairperson of the Aboriginal Advisory Committee. CARRIED

AA18.18 Additional Item - Presentation - 21st Anniversary Celebration

Donna Corbyn provided an update in relation to the 21^st Anniversary Celebration of the Aboriginal Advisory Committee and advised that the first meeting of the Aboriginal Advisory Committee was held on 19 May 1997.

Donna advised that after research from different sections in Council, approximately 50 names have been identified and will be invited along with current and previous staff.

AA18.19 Additional Item - Presentation - Cultural Heritage in the DA Process and Submission on Cultural Heritage Legislation Reforms

It was requested from a previous meeting (AA18.11) that Planning Staff attend a meeting to explaining the DA process in relation to any cultural or indigenous significance.

Marie-Louise Foley provided a PowerPoint Presentation in relation Aboriginal Cultural Heritage in the DA Process and also provided information on Council’s Submission on Aboriginal Cultural Heritage Legislation Reforms.

A copy of the PowerPoint and a copy of the Submission will be sent out to the Members along with the Minutes.

Note: Clr Findley arrived at the meeting.

AA18.8 Aboriginal Advisory Committee Action Plan

HPERM Ref: D18/14307

Margaret provided the following update in relation to the progess of the Action Plan.

At the last Meeting, Bonnie Hittman who was tasked to progress the Action Plan presented 3 Models and it was agreed that the Aboriginal Advisory Committee’s Action Plan be based on the Collaborate NSW Model.

Bonnie has sinced resigned from Council and Margaret has engaged a consultant (Calibrations Consulting) Peter McLoughlin who has put the following proposal:

· Stage 1 – Hold a workshop with the AAC to work on the focus areas. Workshop Date identified as Thursday 7 June 2018 from 10.00am to 2.00pm.

· Stage 2 – Develop the Draft Action Plan Template and will bring the Draft back to the Committee.

· Stage 3 – Final Workshop with the Committee

· Stage 4 – Issuing the Action Plan to the Committee for Adoption

Recommendation (Item to be determined under delegated authority)

That

1. The Aboriginal Advisory Committee receives the Progress Action Plan report

2. The Aboriginal Advisory Committee discuss and consider any further actions from the Progress Action Plan report.

RESOLVED (By consent)

That the Aboriginal Advisory Committee receives the Progress Action Plan report for information.

CARRIED

AA18.14 Review of Australian Aboriginal Flag Protocol

HPERM Ref: D18/88310

Recommendation

That Council adopt the existing Australian Aboriginal Flag Protocol Policy POL16/145 (Attachment 1).

Recommended (By consent)

That Council re-adopt the existing Australian Aboriginal Flag Protocol Policy POL16/145 (Attached) without amendment.

CARRIED

AA18.15 Aboriginal Advisory Committee - Resignation - Leslie Halls

HPERM Ref: D18/104943

Margaret advised that she had already sent a letter to Leslie Halls and also to Christine Finney, thanking them for their contributions to the Committee.

The Committee discussed the vacancies arising from these resignations and agreed that Council conduct an Expression of Interest (EOI).

Recommendation (Item to be determined under delegated authority)

That:

1. The resignation of Ms Leslie Halls from the Aboriginal Advisory Committee be accepted.

2. Council write to Ms Leslie Halls to thank her for her contribution to the Committee

3. A member be sought to fill the vacancy created on the Committee by the resignation of Ms Halls.

RESOLVED (By consent)

That:

1. The resignation of Ms Leslie Halls from the Aboriginal Advisory Committee be accepted.

2. Council write to Ms Leslie Halls to thank her for her contribution to the Committee

3. Members be sought to fill the vacancy created on the Committee by the resignation of Ms Halls and Christine Finney by an Expression of Interest process.

CARRIED

AA18.16 For Information - Uluru Statement from the Heart

HPERM Ref: D18/139519

Clr Cheyne addressed the meeting in relation to this item. Clr Cheyne advised that she will be bringing it to Council in June 2018 and was seeking support from the Committee.

The Committee discussed community consultation prior to the Uluru Statement being presented to Council.

It was agreed that further consultation is required with the community. The members will consult with the wider community and forward feedback directly to Clr Cheyne via email prior to 14 June 2018.

Recommendation (Item to be determined under delegated authority)

That the Uluru Statement from the Heart be received for information.

RESOLVED (By consent)

That:

1. The Uluru Statement from the Heart be received for information.

2. Members of the Committee consult with the wider community with respect to the Uluru Statement and forward feedback directly to Clr Cheyne via email prior to 14 June 2018.

CARRIED

AA18.17 Update - Bulk South Coast Aboriginal Land Claim

HPERM Ref: D18/138954

Gordon Clark provided an overview on the Aboriginal Land Claim.

Note: Clr White left the meeting.

Recommendation (Item to be determined under delegated authority)

Receive the report regarding the status of the bulk South Coast Aboriginal Land Claims for information.

RESOLVED (By consent)

That the Committee receive the report regarding the status of the bulk South Coast Aboriginal Land Claims for information.

CARRIED

GENERAL BUSINESS

AA18.21 Additional Item - Opportunity - Project Constructed by Local Aboriginal People

Valda Corrigan raised questions in relation to the opportunity for a project constructed by local Aboriginal people and mentioned the Action Sheet states funding up to $10,000 can be applied for a similar project to Wagirra Murray River Experience.

Margaret advised that the community in Callala already are working on a significant walking trail.

RESOLVED (By consent)

That a report be provided to the next meeting on progress that the Community is making in relation to the walking trail at Callala.

CARRIED

There being no further business, the meeting concluded, the time being 6.26pm.

Ms Sue-Anne Cutmore

CHAIRPERSON

Aboriginal Advisory Committee – Monday 13 August 2018

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AA18.22 Callala Bay Headland Midden - Interpretive Signage

HPERM Ref: D18/176280

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Purpose / Summary

To provide information to the Aboriginal Advisory Committee regarding the Callala Bay Headland Midden – Interpretive Signage associated with the Round the Bay Walk.

Recommendation (Item to be determined under delegated authority)

That the Aboriginal Advisory Committee accepts this report for information only.

Background

Callala Bay Round the Bay Walk is part of the broader Round the Bay Walk Implementation Plan which was adopted by Council in December 2012 (MIN12.1351). This plan was developed to ‘prioritise improvements to key undeveloped walking routes on Council managed foreshore land to form a first stage of an exciting greater walking route around Jervis Bay from Callala Bay to Hyams Beach’.

The pathway between Morton Street to Bicentennial Park was completed in February 2018. This section of path is heavily laden with midden and culturally significant artefacts. The construction of the pathway was undertaken in accordance with an Aboriginal Heritage Impact Permit issued by NSW Office of Environment & Heritage.

Collaboration with the Jerrinja Local Aboriginal Land Council (LALC) was essential to the success of the pathway construction. As part of the implementation of the Round the Bay Walk, Jerrinja LALC and Shoalhaven City Council have been working together to provide interpretive signage at the midden area for two purposes:

- to deter people from walking along the desire line and therefore across the middens; and

- to educate users about the rich cultural history of the site.

Shoalhaven City Council have engaged the company Site Specific to assist with community consultation, design and manufacturing of the signage. Site Specific has developed many interpretive signs around the City – namely the Cudmirrah Midden Interpretive Signage. Shoalhaven City Council will install the signage once completed by the manufacturer.

Community Engagement

Council have engaged with the community since 2013, this involved extensive consultation with Jerrinja LALC, Community Consultative Bodies and residents living adjacent to the Round the Bay walk.

Aboriginal Advisory Committee – Monday 13 August 2018

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AA18.23 Uluru Statement From the Heart

HPERM Ref: D18/245400

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Attachments: 1. Attachment 1 - Notice of Motion - Support of the Uluru Statement from the Heart ⇩

2. Attachment 2 - Letters received Uluru Statement from the Heart ⇩

Purpose / Summary

To provide copies of letters that have been received from members of the community regarding Council’s decision not to support the Uluru Statement from the Heart.

Recommendation (Item to be determined under delegated authority)

That the Aboriginal Advisory Committee receive this report and note the letters that have been received from members of the community regarding Council’s decision not to support the Uluru Statement from the Heart for information.

Options

1. The Aboriginal Advisory Committee receive this report for information.

Implications: Members are kept updated about the sentiments of some community members regarding the decision.

Background

A Notice of Motion was put to Council at its Ordinary Meeting 26 June 2018 requesting that Council consider adopting the Uluru Statement from the Heart. A copy of the report accompanying the Notice of Motion is provided in Attachment 1. The following recommendation was not adopted.

1. Endorse the ‘Uluru Statement from the Heart’, presented to the Australian people in 2017, as the foundation for meaningful constitutional recognition and reform for Australia’s First Peoples.

2. Supports the Uluru Statement from the Heart;

3. Thanks, the Local Aboriginal and Torres Strait Islander Community for the community consultation undertaken to bring awareness to many Local Indigenous peoples of the Shoalhaven;

4. Write to the Australian Government (Prime Minister, Minister for Indigenous Affairs, Leader of the Opposition) advising of Council’s position; and

5. Submits this letter supporting the Uluru Statement from the Heart to the Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples.

Council has received 16 letters in response to the above decision. All these letters express

disappointment with the decision of Council not to adopt the recommendation. The letters are

provided in Attachment 2 for members information.

Aboriginal Advisory Committee – Monday 13 August 2018

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AA18.25 Request for Advice - Development of Sensory Garden and Native Flora Area - Boongaree

HPERM Ref: D18/254311

Group: Finance Corporate & Community Services Group

Section: Recreation Community & Culture

Purpose / Summary

To engage and request advice on the development of a sensory garden and native flora area at Boongaree.

Recommendation (Item to be determined under delegated authority)

That the Aboriginal Advisory Committee:

1. Participate in discussion and provide advice on the development of a sensory garden and native flora area at Boongaree.

2. Nominate any additional people the committee believes should be consulted as part of this project.

Background

Berry District Park, now renamed Boongaree, is located on North Street in Berry. Currently, this area is used as a sporting complex hosting rugby league, cricket, tennis, netball and a skate park.

On 18 July 2017, the Ordinary Meeting of Council resolved to adopt the masterplan of Berry District Park and to proceed detailed design. Council is currently in the detailed design phase.

Since this resolution, Council staff initiated a naming campaign which saw the community vote in majority for the renaming of Berry District Park to Boongaree Park (the original Aboriginal name for the Berry/Broughton Creek area). On 25 July 2018, Council’s Strategy & Assets resolved to adopt the name Boongaree.

In line with the Berry Strategic Plan, and Council’s Community Infrastructure Strategic Plan, Boongaree will provide passive and active recreation for the community and visitors.

In addition to the existing active recreation facilities, Boongaree will also have:

- a pump track

- additional junior cricket, rugby league and a Junior soccer pitches

- exercise equipment

- extended skate park

- extended parking

- new netball courts

- nature play children’s area

- youth passive recreations spaces

- walking circuit

- fenced dog park and

- learn to ride

- bus and RV parking

- additional amenity (with lift and change) facilities

- a sensory garden and native flora area.

Current Situation - seeking advice for the sensory garden and native flora area

Council is planning to develop a sensory garden and native flora area. Council staff are seeking guidance and advice from the Aboriginal Advisory Committee and broader Aboriginal community to assist with the design, contents and stories for this garden to capture the rich cultural history of this area.

Community Engagement

Council has previously engaged with the Shoalhaven Aboriginal Community Alliance Interagency (SACAI) with regards to the Naming Campaign and has provided information via a verbal update previously to the Aboriginal Advisory Committee. Council staff are seeking to continue engagement with the Aboriginal Advisory Committee and broader community as part of the development of the sensory garden / native flora area of Boongaree. This might also involve providing connections to local advisors.

Next steps

Council staff will take advice and suggestions of the Aboriginal Advisory Committee to further develop the project concept and design and contact any other people the committee nominate. Staff will then report back on further developments to the Advisory Group.

Aboriginal Advisory Committee – Monday 13 August 2018

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AA18.26 Federal Court Proceedings - South Coast People Native Title Claim

HPERM Ref: D18/221932

Group: Assets & Works Group

Section: Business & Property

Attachments: 1. Map - South Coast People Native Title claim area ⇩

Purpose / Summary

To advise the Committee of the actions being taken by Council in relation to the application lodged by the South Coast People in the Federal Court for determination of native title in relation to land in the Shoalhaven and the South Coast of New South Wales.

Recommendation (Item to be determined under delegated authority)

That the Aboriginal Advisory Committee receive the report for information.

Options

1. Adopt the recommendation

Implications: The Aboriginal Advisory Committee will be kept abreast of the actions by Council in relation to the native title claim lodged by the South Coast People.

Background

An application seeking determination of Native Title across the claim area, being 16,808 sq km, extending south from Sydney to Eden, along the south coast of NSW (refer to Attachment 1) was lodged by the South Coast People on the 3^rd August 2017. The Native Title Registrar accepted the application for registration on the 31^st January 2018.

The rights and interests claimed are in two parts:

1. Where exclusive native title can be recognised, the South Coast People claim the right to possession, occupation, use and enjoyment of the land and waters within the claim area to the exclusion of all others, subject to valid laws of the Commonwealth and the State of NSW; or

2. Where exclusive native title cannot be recognised, non-exclusive rights and interests to conduct the following activities:

· The right to access, to remain in and to use the land and waters for any purpose;

· The right to access and take resources from the land and waters for any purpose;

· The right to maintain and protect places and objects of significance;

· The right to be accompanied onto those areas by persons who, though not native title holders, are:

Ø Spouses, partners or parents of native title holders, together with their children, grandchilden, great grandchildren and their descendents;

Ø People required under traditional laws and customs for the performance of cultural activities, practices or ceremonies;

Ø People requested by native tile holders to assist in, observe or record cultural activities, practices or ceremonies.

What land is claimable

Land that is claimable under the Native Title Act 1993 (Cth) includes vacant Crown land, National Parks, State Forests, Crown reserves, indigenous freehold, some types of non-exclusive leases, land covered by permissive occupancies and licences, inland waters and the sea.

What land is excluded from the South Coast People claim

The area covered by the South Coast People application excludes:

· land and waters covered by past or present freehold title; or

· previous valid exclusive possession acts (as defined by S23B of the Native Title Act 1993 (Cth)); or

· valid construction or establishment of any public work*, where the construction or establishment commenced on or before 23^rd December 1996; or

· land where native tile rights and interests have been otherwise extingished.

*A public work is defined under the Native Title Act 1993 (Cth) as any of the following that is constructed or established by or on behalf of the Crown, any local government body or other statutory authority of the Crown in any of its capacities:

· a building or other structure (including a memorial) that is a fixture;

· a road, railway or bridge;

· a well or bore, for obtaining water;

· any major earth work; and

· a building that is constructed with the authority of the Crown, other than on a lease.

Land under the management of Council subject to the South Coast People application

Council as Crown land manager is responsible for 456 parcels of Crown Land and a further 137 parcels of land under Care, Control and Manage responsibility.

The above numbers are inclusive of:

· 2 Coastal harbours;

· 113 Crown reserves under the trust management of Council;

· 59 Crown reserves under Council’s care, control and management;

· 12 holiday parks;

· 2 breakwalls;

· 11 cemeteries; and

· Approximately 800kms of Crown roads

Becoming a Party to Federal Court proceedings

Given the above, under Section 66(3)(a) of the Native Title Act 1993 (Cth) Council was provided notice of the application and registration which provides Council the opportunity to become a party to the Federal Court proceedings that will determine the Native Title claim.

Council at its Ordinary Council meeting dated 28^th June 2018 resolved (Min18.493) to:

1. Make application to become a party to Federal Court Application No NSD1331/2017 for a determination of native title lodged by the South Coast People; and

2. Approve that the Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed otherwise the General

The Federal Court Process for a determination

A determination of native title is a decision by the Court about whether or not native title exists in relation to a particular area of land or waters.

If the Court decides that native title does exist it will also make decisions about:

· who the people are who hold native title common or group rights;

· what the nature and extent of the native title rights and interests are in relation to the area;

· what the nature and extent of any other interests are in relation to the area;

· what the relationship is between the native title rights and interests and other interests; and

· whether the native title rights and interests allow the native title holders to possess, occupy, use and enjoy the land or waters to the exclusion of all others.

The Court can make a determination of native title when either:

· agreement is reached following negotiation between the parties (in this case the South Coast People and Council and possibly others who are approved as parties to the application) for a determination of native title; or

· parties are unable to reach agreement and the Court hears the evidence from each party and determines if native title exists.