Yawuru Native Title Holders Aboriginal Corporation RNTBC SUBMISSION ON SHIRE OF BROOME LOCAL PLANNING STRATEGY AND LOCAL PLANNING SCHEME NO.

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1 Yawuru Native Title Holders Aboriginal Corporation RNTBC SUBMISSION ON SHIRE OF BROOME LOCAL PLANNING STRATEGY AND LOCAL PLANNING SCHEME NO. 6 Executive Summary This Yawuru submission requests that the proposed Local Planning (Strategy) and Local Planning Scheme No. 6 (Scheme) (together the Strategic Planning Framework) should be amended to include the following: Yawuru native title and values should be recognised in the plans. Zoning and land use reservations should have appropriate categories that protect, respect and celebrate Yawuru cultural heritage and values. The proposed Yawuru Conservation Estate (YCE) should be included in the Strategic Planning Framework. Yawuru cultural heritage, values and protocols should be reflected in the Strategic Planning Framework. The submission proposes an engagement and dialogue process between Yawuru and the Shire of Broome to resolve the challenges of accommodating native title rights and interests in the statutory and Strategic Planning Framework. The submission also makes 27 recommendations on technical matters in the Strategic Planning Framework. Preamble The Yawuru Native Title Holders make this submission on the draft Strategy and Scheme as a primary stakeholder whose rights and interests will be affected by the proposed statutory and strategic planning framework. 1

2 This submission is in two parts. Part One presents a Yawuru policy position and a recommended process for resolving outstanding threshold matters. Part Two provides detail on a range of technical matters pertaining to inconsistencies between the draft Strategic Planning Framework, Yawuru Agreements and Yawuru cultural heritage values. PART ONE Yawuru Policy Position and Proposal for Resolution of Outstanding Matters Introduction Yawuru people have occupied Yawuru Country from time immemorial. A key part of Yawuru law is the management of Yawuru country. Yawuru s responsibilities for Country were recognised in the Rubibi native title determination in 2006 covering an area of approximately 530,000 hectares in and around Broome. Subsequently in 2010, Yawuru reached agreement with the State of Western Australia and the Shire of Broome about how Yawuru s native title rights are to be recognised within Western Australia s land management and planning system. From the time Broome town was gazetted in 1883 there has been a failure to consider how Yawuru s ownership, responsibility for and management of the Yawuru estate is to be integrated in the planning and management of land by State and local authorities. Even after the cessation of official legal discriminatory laws and practices in the late 1960s and early 1970s, Yawuru s responsibilities for looking after Country were not appropriately recognised by the State and local authorities. Notwithstanding this, the Yawuru people and the Shire did work together through the Shire of Broome and Rubibi Aboriginal Land and Heritage and Development Working Group. In this context, the new Shire of Broome Strategy and Scheme provide a unique opportunity for the Shire of Broome and the Yawuru people to: appropriately recognize and celebrate Yawuru peoples responsibilities for looking after Country, including native title; plan for future growth within the Shire of Broome that is consistent with Yawuru values and respects Yawuru s vision for significant places; and 2

3 strengthen the relationships between the Shire of Broome, Yawuru and the broader Broome community. Yawuru believe that the Shire s strategic plans can be a framework that captures the cultural, social, environmental and shared visions of economic endeavours to improve the fabric of an inclusive Broome regional community. It is also an opportunity to plan a built and natural landscape that nurtures and fosters the creative potential of the Broome community. Yawuru contend that recognising Yawuru cultural heritage and social heritage in the Shire s Strategic Planning Framework is critically important for that potential to be reached. Statutory Planning and Yawuru Native Title Holders On the basis of Yawuru s position as native title holders, and as envisaged by the Yawuru Agreements, any planning for the future of Broome requires sustained and serious discussions between Yawuru, the Shire of Broome, governments and industry. The Strategy and Scheme are fundamental to the dialogue and have the ability to provide a useful framework to deal with the future growth of the Broome region by: understanding the historical position of Yawuru; recognising the relationship Yawuru has with Yawuru Country and the related legal rights; and having a planning strategy and scheme that clearly identifies Yawuru cultural and social values and how they contribute to land uses that enhance the unique regional character of the Shire of Broome. These plans are essentially about land use and zoning but they are also underlined by a philosophical vision about the future of Broome town and its Shire area that are set out in the Strategy s preamble as the drivers of the planning strategy. The Yawuru Agreement is referred to as a critical driver of Broome s planning future in that native title has been surrendered so that residential expansion can proceed. Yawuru contend that this is only part of the Yawuru native title story. A much more significant dimension of the story is the potential for Yawuru cultural and social values to infuse the Broome regional character that has implications for residential development, land management, service delivery, tourism and creative arts; all of which have important 3

4 planning implications. Yawuru assert that the recognition of Yawuru must be included in the Strategic Planning Framework in a way that has practical and beneficial effect. In this submission Yawuru highlight threshold planning issues as well as a range of technical matters concerning both the Strategy and Scheme which we ask the Shire to address. These matters are guided by the public information available in the Yawuru Cultural Management Plan (YCMP), which articulates core Yawuru values recognised in Yawuru law and also have statutory recognition and protection in the Native Title Act 1993 (Cth) (NTA) and the Aboriginal Heritage Act 1972(WA) (AHA). Yawuru argue that the following principles should underlie the recognition of Yawuru within the Shire s statutory planning regime and on-going dialogue between Yawuru and the Shire regarding the finalisation and implementation of these plans: 1. Respect for Bugarrigarra, the cultural understandings that underpin Yawuru connection to Country and the source of Yawuru native title rights, integrated with local topography. 2. Respect the rights and responsibilities of Yawuru native title holders to look after their Country, including protecting sites of cultural significance and areas of heritage and ecological significance such as wetlands, geological important places, historical camping places and walking tracks, and important animal and vegetation habitats, the coastal interface, sand dune system, hinterland topography, historical locations of association of people. 3. Respect for Yawuru s holistic view of the interconnectedness of Country, which is reflected in Yawuru land management practices, the creation of the YCE, reserves and ecological and cultural corridors and proposed Indigenous Protected Areas. 4. Respect for Yawuru commitment to revitalise our language and use Yawuru names in official nomenclature in the Broome region and sensitivity to Yawuru customary protocols. 5. Respect for Yawuru values such as access and use of our physical environment and important places, celebration and support for family, social inclusion, acknowledgment and practice of cultural protocols ask first and show respect. Recognition of Yawuru as Native Title Holders in the Plans Yawuru propose that the following words should be inserted in both the Strategy and Scheme which recognise the determination of Yawuru native title in Australian law: In 2006 the Federal Court recognized after considering the evidence put forward by Yawuru people on this Country, that Yawuru held native title under Australian law over an area of approximately 530,000 hectares in and around Broome. In 2010 the 4

5 Yawuru Native Title Holders, the State of Western Australia and the Shire of Broome formalised an agreement signed at the Shire office, over how Yawuru native title rights can co-exist within the established land administration and planning regime of Western Australia, through two Indigenous Land Use Agreements (ILUAs) under the provisions of the Commonwealth Native Title Act, It also agreed to the generic uses of land for development within the town of Broome. These lands are now subject to planning and utilisation for the growth of Broome. As a result of these ILUAs, Yawuru areas of particular cultural significance and the jointly managed Yawuru Conservation Estate are included in the Local Planning Strategy and the Local Planning Scheme 6. In addition the recognition and respect for Yawuru values are also reflected in the plans. Yawuru and Shire of Broome Planning Working Group The statutory basis for the Shire s strategic and statutory plans, the Planning and Development Act 2005 (WA), does not readily accommodate the NTA. Yawuru acknowledge that the language of planning is not sympathetic to the realities of native title recognition. However, it should take in to account this change in the law and the factual realities of a native title determination within the town boundary of Broome. Whilst the Shire of Broome facilitated a number of forums that included Yawuru participation in the development of the draft plans, Yawuru feels that they were limited because of the lack of interface between the Western Australia s statutory planning process and the statutory native title framework. Yawuru assert that this is a structural deficiency in Western Australia s statutory planning process. As a result, Broome s formal land use arrangements that have been created as a result of the Yawuru Agreements are not adequately accommodated in the Shire s Strategic Planning Framework. Yawuru is acutely aware that the accommodation of Yawuru native title rights and the Yawuru Agreements within the statutory and strategic plans presents a challenge to the Shire of Broome, Yawuru native title holders and the Western Australian Planning Commission. It is imperative that agreement is reached between the parties about accommodating Yawuru s native title position within the plans so that the Yawuru Agreements is embedded in the Shire s Strategic Planning Framework with an adequate degree of certainty and legitimacy. Yawuru is also aware that the lack of explicit accommodation of native title outcomes within the State s planning regime is relevant to other native title groups within the Shire of Broome. In Broome and elsewhere in Western Australia similar tensions and unresolved pathways exist regarding inclusion of native title outcomes in the statutory and strategic 5

6 planning process. Agreement between the Shire and Yawuru on specific matters concerning zoning categories and land use has potential relevance beyond the Broome region. If done correctly this could become one of the practical steps following the significant symbolic steps taken between the Shire and Yawuru in the past. Yawuru assert that key unresolved matters in the draft plans cannot be dealt with by way of this submission as a definitive Yawuru position. In this submission Yawuru identifies key matters that require further discussion. In order to resolve these issues, Yawuru propose a process of face-to-face engagement between Yawuru and the Shire of Broome through the establishment of a Yawuru/Shire Planning Working Group. Yawuru propose that the Working Group should have an action orientated brief to resolve outstanding matters for formal agreement and inclusion in the final plans. We believe that this arrangement will produce a satisfactory outcome within the timeframe that has been proposed by the Shire. The proposed Working Group will also constitute a genuine engagement between the Shire and Yawuru which reflects Yawuru s position as primary stakeholder within the planning process. Yawuru propose that matters to be addressed by the Working Group include: 1. Recognition and protection of areas of cultural significance to Yawuru. 2. Recognition of the Yawuru Conservation Estate 3. Promotion of Yawuru Cultural Heritage and Protocols. 4. Technical Planning Issues. 5. Collaboration of demographic Data and Use of Planning Tools. Yawuru contend that dialogue between Yawuru and the Shire should be guided by the following principles: Yawuru native title holders should be treated by the Shire as a primary stakeholder in the Shire s planning process. Yawuru culture and connection to Country should be seen as a critical and positive aspect of the Broome region s cultural, environmental, social and economic character and reflected as such in the strategic planning process. Yawuru and the Shire commit to working collaboratively to address a range of unresolved planning matters. 6

7 Yawuru and Shire to continue collaborative work on cultural celebration and protocol matters which should be reflected in the planning regime. Yawuru and Shire jointly commit to promoting Yawuru culture, heritage and protocols to the wider community. Yawuru and Shire jointly commit to developing longer term vision and framework for the future of Broome as it faces its many challenges. A. Recognition and protection of areas of cultural significance to Yawuru Under the Yawuru Agreements the YCMP is the primary document to inform the creation and joint management of the YCE. Yawuru believe that the YCMP should also be seen by the Shire as a primary planning document to inform the Shire s Strategic Planning Framework. Yawuru contend that the restricted areas shown in the YCMP should be incorporated into the Strategic Planning Framework to ensure that future development respects and protects these areas. In Part 4 of the YCMP, Yawuru has identified several restricted areas to be protected in the management of the YCE by the Yawuru. There are at least four categories which must be protected: 1. tracks of cultural ancestors and creative beings; 2. discrete sites where cultural events occur or occurred; 3. ceremonial grounds; and 4. areas associated with sensitive cultural practices. In the YCMP, Yawuru stated that: It is the responsibility of Yawuru people to preserve the significant sites and tracks of our cultural traditions: the Law grounds where secret and sacred ceremonies that relate to these traditions are performed. it is vital that we protect our culturally sensitive areas as identified in Map 14 YCMP (First Edition) through the enforcement of strict cultural protocols, to ensure the safety and well-being of our community and visitors. Yawuru insists that the Strategic Planning Framework should ensure that any development which is not consistent with Yawuru cultural heritage values of these areas should not be permitted. Development proposals on land adjacent to these areas should be referred to the Yawuru PBC for formal consideration and comment prior to being assessed for approval by the 7

8 Shire. An agreed set of documentation should be developed, adopted and used in the assessment of such applications. Yawuru request that areas of cultural significance be zoned for special protection under agreed zoning categories. The current proposed Cultural and Natural Resource Management zoning for areas of cultural importance is problematic to Yawuru. The Cultural and Natural Resource Use zone also provides for development associated with the extraction of natural resources which is incongruous with the preservation of Aboriginal heritage and culturally significant areas. It is highly offensive and insensitive to do this. Yawuru seek agreement from the Shire for a specified cultural use zone which does not include natural resource extraction. Removing the extractive industry component from the Cultural and Natural Resource Use zone and amending its title to a Cultural Resource Zone may provide another opportunity for the planning framework to integrate, protect and promote the cultural and environmental values which form the basis of native title determination and the Yawuru Agreements. The juxtaposition of the zones is also sensitive and and in practice would require Yawuru consultation and decisions. B. Recognition of the Yawuru Conservation Estate Under the current draft plans, there is no reference to the proposed Yawuru Conservation Estate, which is a fundamentally important outcome of the Yawuru Agreement. The proposed jointly managed Roebuck Bay Marine Park is also not mentioned in either of the strategic plans. Rather, the YCE is broken up and represented by a number of different reserves and zoning categories, including: Coastal Reserve; Environmental & Cultural Corridor Reserve; Public Purposes Reserve; Port Zone; General Rural Zone; and Cultural & Natural Resource Use Zone. The purpose, objectives and development requirements of these zones and reserves vary significantly and in many circumstances are not consistent with the objectives of the YCE which are set out in the Yawuru PBC ILUA (Schedule 9). As a result, there is a conflict between the Strategic Planning Framework and native title agreement which creates a potential for developments to be considered within the YCE area which could be detrimental to the conservation, recreation and Aboriginal cultural purposes of the YCE. The Cultural and Natural Resource Use zone is not suitable for the YCE area given it includes an objective to provide for development associated with the extraction of natural 8

9 resources (see Clause (a) of the Scheme). This directly contravenes the YCE objectives and is therefore strongly opposed. The purpose, aims and objectives of the Coastal Reserve are largely aligned to the objectives of the YCE and therefore it could be applied to the entirety of the YCE and retitled to Conservation Estate Reserve, or ideally Yawuru Conservation Estate Reserve. Alternatively, a new reserve could be included within Scheme which deals exclusively with the YCE area and the YCE objectives (which would not be dissimilar to the Coastal Reserve). The purpose, aims and objectives of the Environmental and Cultural Corridor (ECC) reserve is also aligned to certain objectives of the YCE. However, it is suggested that the ECC reserve be maintained and utilised for areas which have not been included within the YCE, such as the ECC within the Janaburu area (along Banu Avenue) and Broome North area. The draft Strategy and Scheme should be amended to reflect the YCE and have a coherent planning status either as a reserve or zone. The zoning should enable the Yawuru Park Council to manage the conservation areas efficiently allowing for low impact tourism development and land uses associated with Yawuru heritage, traditional law and culture. Yawuru are confident that these matters concerning the inclusion of the YCE within the Strategic Planning Framework can be resolved through constructive dialogue with the Shire. C. Promotion of Yawuru Cultural Heritage and Protocols Yawuru identify that Yawuru culture, heritage and history must be reflected in the planning regime in a way that has practical application. These include agreed signage and interpretative displays in strategic locations that promote an understanding of Yawuru and our values within the Broome area. Yawuru also identify the need for the Shire to promote Yawuru cultural protocols such as permission to use Yawuru areas for functions or ceremonies and welcome to Yawuru Country. In certain circumstances such as the use of the conservation estate the Shire should administer applications and approvals in collaboration with Yawuru. See previous comment. D. Technical Planning Issues See attached schedule of unresolved matters to be considered by the Dialogue Group and detailed in Part Two of the Yawuru submission. E. Collaboration of Demographic Data and Use of Planning Tools The draft Local Planning Strategy draws from Australian Bureau of Statistics (ABS) data and also from the Department of Planning as an important basis for planning to cater for 9

10 population growth and the needs of the projected service population. Yawuru argue that the use of demographic data in the draft Strategic Planning Framework reveals cultural bias in that it focuses on the Broome region as growing rapidly as a result of industrial development, principally concerning the gas industry, and does not address the population dynamics within the Broome and Kimberley wide Indigenous population. In 2011, Yawuru commissioned the most comprehensive Indigenous household survey ever undertaken in an Indigenous urban Australian environment. The results of the survey, was overseen by nationally recognised demographers at the Australian National University and have since been published. The Shire is aware of the Yawuru Knowing Our Community Survey but it has not been referred to as a document which has informed the draft Strategic Planning Framework. Yawuru believes that the Shire s Strategic Planning Framework must be informed by the Yawuru Knowing Our Community Survey because it contains vital information and analysis about the character and dynamics of the Indigenous population in Broome. The survey found that the Indigenous population is complex and contains people from many language groups although Yawuru is clearly the largest. It found that the 2006 ABS census undercounted the permanent Indigenous resident population by almost 1,000 people. The Survey also found that the number of Indigenous people who visit Broome on a short stay is a highly significant factor in determining the overall service population of Broome which the Local Planning Strategy ignores in its description of Broome s service population. Assessing the period of a year, the number of short stay Indigenous visitors in Broome during the six week period that the Yawuru household survey was undertaken, concluded that the average Indigenous household occupancy in Broome is slightly more than 8 people per dwelling. This highlights significant housing overcrowding and unidentified homelessness in Broome. The Yawuru Knowing Our Community Survey Report used geo coded maps which graphically depicts the concentration of Indigenous households within certain areas of Broome. Since the household survey was completed, Yawuru have invested in developing geo spatial mapping capacity as critical planning tools for Yawuru to carry out its responsibilities for land management and community development. Yawuru believe there is significant potential for Yawuru and the Shire to collaborate on environmental and social planning so that the Shire s Strategic Planning Framework is better equipped to deal with the projected economic and social challenges facing Broome into the future. 10

11 PART TWO Yawuru Technical Submission Local Planning Scheme No. 6 (Scheme) 1. Cultural and Natural Resource Use Zone Yawuru strongly supports the establishment of a cultural zone within Scheme for the purposes outlined in Clause (b), (c), (d) and (e). However, as detailed above, the permissibility of development associated with the extraction of natural resources within this zone is strongly opposed as it completely contradicts the cultural heritage, eco-tourism, conservation and environmental objectives of the zone. Recommendation 1: The Natural Resource components of the Cultural and Natural Resource Zone be removed i.e. removal of Clause (a) from the Scheme. 2. ALT In Town Reserves - Bilgungurr (Djaigween Rd) & Nillir Irbanjin (One Mile) A change in zoning from Settlement (in the Town Planning Scheme 4 (TPS4)) to Development (in the Scheme) has not been justified. A dialogue is required with the residents and stakeholders of these Reserves before a rezoning can be considered. It is extremely inflammatory to the established residents of these communities to zone the reserves as Development without the necessary engagement and explanation. Consequently, many residents have presumed that the State and/or Shire have formulated plans to remove these communities from Broome resulting in feelings of instability. Recommendation 2: Zoning of Bilgungurr and Nillir Irbanjin to remain as Settlement within the Scheme unless suitable dialogue has occurred, and collaborative agreement is reached, with the residents of these communities, Yawuru and other key stakeholders. 3. Eastern extension of Lorikeet Drive Road Reserve The Scheme proposes a road reserve extending Lorikeet Drive east through to Broome Road. Yawuru and the Shire have had several previous discussions about the proposed extension of Lorikeet Drive. As the Shire has been made aware, the area proposed for the road extension is subject to culturally significant sites, including an Aboriginal ceremonial site of significance registered in accordance with the AHA. Yawuru has previously requested 11

12 that the Shire consider alternative options for an additional outlet route for Roebuck Estate. Yawuru asks that the Shire work respectfully and collaboratively with Yawuru to preserve this significant remaining ceremonial site within the Broome Township. Recommendation 3: Yawuru strongly oppose the eastern extension of Lorikeet Drive onto Broome Road and request that the road reserve be removed from the Scheme maps. A constructive dialogue between Yawuru and the Shire is requested and required on this matter. 4. Scheme Amendment No. 62 Yawuru omnibus rezoning On 20 August 2013, NBY wrote to the Department of Planning to formally withdraw the following sites from scheme amendment no. 62 ( SA62 ): 1. Cable Beach Triangle Lot 2790 Cable Beach Road, Cable Beach Lot 2791 Cable Beach Road, Cable Beach 2. Kennedy Hill Part Lot 1219, No. 45 Carnarvon Street, Broome Lot 3000, No. 30 Carnarvon Street, Broome Lots 144 & 145, No. 34 Carnarvon Street, Broome Lot 146, No. 36 Carnarvon Street, Broome Lot 150, No. 2 Haas Street, Broome The sites referred to as Roebuck West (Lot 502 Djugun); Gubinge Road (Lot 250 Gantheaume Point Road, Minyirr) and Demco (Lot 604 Clementson Street, Minyirr) will be rezoned through SA62 and therefore the zonings proposed by Scheme for these three sites are supported. The Department of Planning have advised that the Cable Beach Triangle should not be rezoned from Coastal Park to Tourism prior to undertaking a coastal vulnerability/hydrological study to determine an appropriate setback from the high water mark (in accordance with draft SPP 2.6 Coastal Planning Policy). NBY understands that the coastal vulnerability study being undertaken by Cardno on behalf of the Shire of Broome will provide the necessary setback information to determine if the Cable Beach Triangle can be rezoned in the manner originally proposed by SA62 and as currently proposed under the Scheme. NBY supports the Tourism zoning proposed by the Scheme for the Cable Beach Triangle and understands that its ongoing inclusion within the Scheme is subject to the outcomes of a coastal vulnerability study. 12

13 Kennedy Hill is one of the most significant cultural areas for all the cultural traditions found in Yawuru country. Dreaming track and songlines pass through here and localised dreaming stories relate the hill to the bay and water sites in and around Broome. The extensive middens are testament to the extent of human occupation and use of the area. Yawuru have declared this area as a cultural zone, in which only activities that enhance those cultural values are/should be permitted. The Kennedy Hill area will be a part of the pending Yawuru Indigenous Protected Area. The Yawuru Corporate Group (which includes the Rubibi Aboriginal Land, Heritage and Development Co Pty Ltd) own the Kennedy Hill properties. The Scheme proposes a Mixed Use zone for the Kennedy Hill lots and the purpose of this zone is to provide for residential, tourist, offices and other compatible uses which complement the mixed use character of the zone. This purpose and the associated land uses presume development which is not consistent with, and will have a detrimental impact on, the cultural and heritage values of the Kennedy Hill. As previously discussed, elements of the Cultural and Natural Resource Use zone are aligned with the cultural heritage values and Yawuru objectives for Kennedy Hill, particularly the following aspects: (Purpose) preservation of Aboriginal heritage and cultural areas and the conservation of natural environmental values including significant landscapes and environmental area ; (Objectives) allow for low impact tourism development ; and (Objectives) allow land uses associated with Aboriginal heritage, traditional law and culture. However, it is not appropriate that the Cultural and Natural Resource Use zone also provides for development associated with the extraction of natural resources. The associated (extractive and mining) industry land uses which can be permitted within the Cultural and Natural Resource Use zone are completely incongruous with the preservation of aboriginal heritage and culturally significant areas. Recommendation 4: A Mixed Use zoning is not supported for the Kennedy Hill properties (as listed above) and the Scheme maps should be amended to show a new Cultural Zone, which could be created by the removal of the Natural Resource components of the Cultural and Natural Resource Use Zone. A constructive dialogue between Yawuru, the Shire and Department of Planning is requested and required on this matter. 13

14 5. Kunin Reserve Lot 79 on DP The Kunin Reserve is zoned Settlement under TPS4 and the Scheme proposes a Rural Residential zoning which is not consistent with the significant cultural heritage values of the site. As discussed previously, an appropriate cultural zone is required to be established for indigenous protected areas identified in the YCMP, which includes the Kunin Reserve. As a minimum, the zoning of the Kunin should remain as Settlement as the objectives of this zone include protecting sensitive areas, such as no go areas and providing for traditional law and culture. It should be noted that the zoning of Kunin remains as Settlement within Strategy and therefore there is no justification to zone Kunin for Rural Residential in the Scheme. Recommendation 5: The Scheme maps be amended so that the zoning of Kunin Reserve remains as Settlement or be rezoned as a new Cultural Zone, which could be created by the removal of the Natural Resource components of the Cultural and Natural Resource Use Zone. A constructive dialogue between Yawuru, the Shire and Department of Planning is requested and required on this matter. 6. Lot 401 Kavite Road, Minyirr The Scheme maps shows a road reserve between the western edge of Lot 401 and eastern boundary of Lot 1848 Kavite Road, Minyirr (the area ). This area is not a road reserve and is to be transferred to Nyamba Buru Yawuru (NBY) in freehold as part of the Yawuru PBC ILUA (see Schedule 5, Part 4 Gantheaume UCL). Under TPS4 this area is zoned Development and there has been no justification for the Scheme to remove this zoning. Road locations and reserves for Lot 401 will be designed when a development is contemplated for the site and should not be foreshadowed within the Scheme. Therefore, the proposed zoning change is not supported. Recommendation 6: The Scheme maps be revised so that the area between the western edge of Lot 401 and eastern boundary of Lot 1848 Kavite Road, Minyirr be included within the Development zone (i.e. as shown in TPS4). 7. Lot 504 on Plan Area directly south of Cable Beach suburb Lot 504 is zoned Development under TPS4 and the Scheme proposes the zoning to change to an Environmental and Cultural Corridor Reserve. Under the Yawuru ILUAs (see Schedule 7 Part 2(a) and Schedule 9 Part 3) Lot 504 is to become part of the YCE and therefore a change in zoning from Development to a reserve is supported. However, as discussed 14

15 previously, the YCE should be reserved or zoned for the same purpose and therefore Yawuru suggest Coastal Reserve be renamed to Conservation Reserve for Lot 504. Recommendation 7: Support zoning change of Lot 504 from Development to a reserve which is consistent with the purpose and objectives of the Yawuru Conservation Estate. 8. Palmer Road Lots Scheme Amendment No.65 The Scheme maps have not been updated to reflect scheme amendment 65 which has been approved and gazetted. Recommendation 8: The Scheme maps be updated to reflect scheme amendment Lot 527 Fairway Drive, Bilingurr Lot 527 is to be transferred to NBY in freehold as part of the Yawuru PBC ILUA (see Schedule 5, Part 2) to provide an opportunity for NBY to develop and generate a sustainable income stream. Lot 527 is zoned Development under TPS4 and is shown as a Future Development Area in the Strategy which are both land uses which are consistent with the purpose envisioned by the Yawuru ILUA. The Scheme proposes that Lot 527 to be an Environmental & Cultural Corridor Reserve. This zone is not supported as it is inconsistent with the Yawuru ILUA, the current TPS4 zoning and the Strategy. This will prevent the opportunities which currently exist for Yawuru to generate an income from the site. Recommendation 9: The Scheme maps be revised so that the zoning of Lot 527 Fairway Drive, Bilingurr remains as Development. 10. Lot 3128 Coucal Street, Bilingurr Lot 3128 is to be transferred to NBY in freehold as part of the Yawuru PBC ILUA (see Schedule 5, Part 2) to provide an opportunity for NBY to develop and generate a sustainable income stream. Lot 3128 is zoned Development under TPS4 and is shown as Tourism in the Strategy which are both land uses which are consistent with the purpose envisioned by the Yawuru ILUA and the Broome North District Development Plan report. The Special Use (Caravan Park and Camping) zoning proposed by the Scheme for Lot 3128 is not supported as the land use: is too prescriptive and presumptive for this locality; has not been suitably investigated and justified; and will result in a decline in the property value and significantly limit the existing opportunities for Yawuru to generate an income from the site. 15

16 Recommendation 10: The Scheme maps be amended so that the zoning of Lot 527 Fairway Drive, Bilingurr remains as Development or be rezoned to Tourist for the reasons listed above. 11. Road Reserve bisecting Lot 527 Fairway Drive & Lot 3128 Coucal Street, Bilingurr A road closure and realignment has been initiated for the undeveloped road reserve which bisects the abovementioned sites. It is understood that this process has been substantially progressed and supported by affected stakeholders. Therefore, the Scheme zoning map should be amended in a manner which is consistent with this road closure and realignment. This outcome will enable Lots 527 & 3128 to be amalgamated and developed in a holistic and integrated manner. Recommendation 11: The Scheme maps be amended to reflect the road closure and realignment of the portion of Fairway Drive between Lot 527 Fairway Drive & Lot 3128 Coucal Street, Bilingurr. 12. Undeveloped Road Reserve within Lot 259 Wattle Drive, Waterbank This road reserve is both a Coastal Park reserve and Waterbank Conservation & Development zone under TPS4, and Cultural and Natural Resource Use area under the Strategy. The road reserve is located within Area 16 of the Yawuru PBC ILUA which forms part of the YCE. Therefore, the Public Purposes reserve which the Scheme proposes for this road reserve is not supported as it is inconsistent with the conservation purpose and objectives of the surrounding land and YCE. Recommendation 12: The Scheme maps be amended so the road reserve within Lot 259 remains as a coastal reserve and/or has a conservation zoning which is consistent with the Strategy and YCE. A road closure process should also be initiated for this road reserve. 16

17 Local Planning Strategy (Strategy) 13. ALT In Town Reserves - Bilgungurr (Djaigween Rd) & Nillir Irbanjin (One Mile) As explained in the corresponding section above, zoning the Bilgungurr and Nillir Irbanjin reserves as Future Development Areas within the Strategy is both inflammatory and confusing to the existing residents of these communities. Recommendation 13: Zoning of Bilgungurr and Nillir Irbanjin to remain as Settlement in the Strategy until suitable dialogue has occurred and collaborative agreement is reached with the key stakeholders and residents. 14. Proposed Short Term Road within FDA 2 and FDA 4 The Strategy proposes a Short Term Road along the northern (within FDA 2) or southern (within FDA 4) boundary of the Bilgungurr reserve. There has been no dialogue with the existing residents and/or stakeholders of the Bilgungurr reserve regarding this proposal and it is too presumptive to include this road connection on the Strategy. It also appears that the Western Triangle Development has not been designed to appropriately accommodate traffic flow between the Cable Beach and Chinatown areas. Recommendation 14: Proposed short term road within FDA 2 and FDA 4 to be removed from the Strategy until suitable dialogue has occurred, and collaborative agreement is reached, with the key stakeholders and residents. 15. Eastern extension of Lorikeet Road Reserve Refer to the corresponding Scheme section of submission for explanation. Recommendation 15: Yawuru strongly oppose the eastern extension of Lorikeet Drive onto Broome Road and request that the road reserve be removed from the Strategy maps. A constructive dialogue between Yawuru and the Shire is requested and required on this matter. 16. Scheme Amendment No. 62 Yawuru omnibus rezoning Refer to corresponding Scheme section of submission for explanation. Recommendation 16: A Mixed Use zoning is not supported for the Kennedy Hill sites (as previously listed) and the Strategy maps should be amended to show a new Cultural Zone, which could be created by the removal of 17

18 the Natural Resource components of the Cultural and Natural Resource Use Zone. A constructive dialogue between Yawuru, the Shire and Department of Planning is requested and required on this matter. 17. Road Reserve bisecting Lot 527 Fairway Drive & Lot 3128 Coucal Street, Bilingurr Refer to corresponding Scheme section of submission for explanation. Recommendation 17: The Strategy maps be amended to reflect the road closure and realignment of the portion of Fairway Drive resulting in the amalgamation of Lot 527 Fairway Drive and Lot 3128 Coucal Street, Bilingurr. 18. Road Closure - portion of Fairway Drive between 23 Coucal Street and Lullfitz Drive This portion of road is to be closed for heritage reasons and this outcome should be foreshadowed by the Strategy to ensure future planning accommodates for the associated traffic redirection. The closure of this portion of Fairway Drive was one of the conditions specified by Yawuru to enable part of a heritage buffer in this locality to become restricted development rather than being entirely no development. This is recorded in the relevant heritage report for Fairway Drive South (Lot 833), which was prepared under the Broome Heritage Agreement and forms part of Yawuru PBC ILUA (Clause 16, Schedule 11). Recommendation 18: The Strategy maps, Section and Figure 13 be amended to foreshadow the closure of the section of Fairway Drive between 23 Coucal Street and Lullfitz Drive. 19. Development Investigation Areas The use of Development Investigation Areas (DIA s) within the Strategy to identify the Yawuru ILUA sites which are to be transferred to Yawuru in freehold to provide Yawuru with an opportunity to generate a sustainable economic income and support the growth of the Yawuru community is supported. However, the boundaries of DIA s 2, 4, 5 and 8 are not consistent with the property boundaries of the Yawuru freehold sites which they are intended to demarcate. The boundaries are required to be changed to reflect the cadastral property boundaries as follows: DIA 2 Coconut Wells: the northern site appears to cover an area of 200ha (this ILUA freehold site is only 100ha) and should be reduced to the size of the southern site (100ha per site). 18

19 DIA 4 Crab Creek Road: the site appears to be far smaller than the ILUA freehold site and should also be located approximately 700 metres further east and outside of the Crab Creek Waste Water Treatment Plant (CCWWTP) buffer. If this site is located within the CCWWTP buffer than Yawuru requests the right to make an additional submission on the Strategy and Scheme given the resulting inconsistencies between Clause of Scheme and Section of the Strategy. DIA 5 Crab Creek Road: the northern boundary needs to be extended further north by approximately 400 metres. DIA 8 Port Drive: the northern boundary of the site should be a straight line running east-west and finishing at the southern point of boundary of DIA7. All of the area north of this point is to form part of the YCE. The western and eastern boundaries of DIA 8 should also be revised to reflect the Yawuru ILUA site. The land uses outlined in section of the Strategy for DIA 2, 4, 5, 8 & 9 are generally supported however the land use identified for DIA 7 should be expanded to include the potential for low impact residential development as referenced under the Guidelines of section Recommendation 19: The boundaries of DIA s 2, 4, 5 and 8 as shown on the Strategy be amended to reflect the cadastral boundaries of the Yawuru ILUA sites which they are intended to represent. The land use for DIA 7 be expanded to include low impact residential development. 20. Lot 3143 & 3144 Dora Street, Broome Recommendation 20: These lots should be numbered as Future Development Area No. 5 on the Strategy maps to ensure consistency with other Future Development Areas on the Strategy. 21. Section 1.1 Preamble Recommendation 21: Fourth (4 th ) paragraph, should read; Many traditional owners, native title holders and native title claimants live in the town of Broome and in communities throughout the shire. Tribal dance, language, culture, and law are still actively practised in some towns and communities. 22. Section 2.3 Local Planning Principles Recommendation 22: Include additional text for Principle 4: Celebrate Cultural Heritage ; Land use and development should embrace the cultural and built history of the area by incorporating design elements of Broome-Style architecture, 19

20 public art, and interpretation/conservation and protecting culturally significant sites where appropriate. 23. Section Tourism Recommendation 23: Deletion of Strategies 6 & 7; The designation of tourism nodes which can be developed to accommodate up to 200 or 500 people is too presumptive and not justified. Therefore, strategies 6 and 7 are not supported and a comprehensive tourism strategy is required to be prepared in consultation with traditional owners. The tourism strategy should consider and be integrated with the Yawuru Conservation Estate and Yawuru Cultural Management Plan. 24. Section Cultural Heritage Yawuru is pleased to see the inclusion of cultural heritage in the Strategy, and the number of associated strategies and actions. However, cultural heritage is mentioned last in both section 2 and section 3. Yawuru require the support of the Shire to highlight the importance of cultural heritage in the planning process. To highlight cultural heritage more effectively, Yawuru suggests placing this category earlier in section 2.4 so that it does not appear last. By placing cultural heritage in a prominent location in the strategy, this sends the message that cultural heritage is a valued and essential planning consideration, and not simply an afterthought. Objectives: Recommendation 24(a): Include addition of the following objectives; Draw on and be inspired by cultural heritage values so that they play an active role in shaping planning decisions and future developments. Strategies: Cultural heritage can be alive and relevant regardless of whether there is a native title claim or determination in place. In fact, the AHA operates on all land in WA, regardless of its native title status. Recommendation 24(b): Change current strategy 3; "Ensure that land use planning initiatives and management arrangements occur in partnership with traditional owners." [delete: "where there is a native title determination or registered claim"] Recommendation 24(c): Include additional strategies; Work collaboratively with traditional owners to ensure that cultural sites and 20

21 precincts are identified and protected and to ensure that there is cultural heritage input at an early stage of project development. Ensure that breaches of planning provisions that result in damage to or destruction of cultural heritage are dealt with strictly through the Shire's enforcement regime (So as to act as a deterrent and highlight the seriousness of such breaches). Actions: 3rd action item: Yawuru strongly supports the action which requires proponents to undertake cultural heritage assessments such as archaeological and ethnographic surveys in areas that are the focus of urban expansion and development. The Shire should work with Yawuru to determine the most effective way to implement this action. Yawuru is currently working on a set of guidelines to provide to third parties relating to Yawuru s heritage requirements and processes. The Shire could incorporate these guidelines into the planning application process. Yawuru requests that the Shire discuss this matter further with Yawuru. 4th action item: Yawuru are developing a cultural induction program and would be pleased to deliver this as an educational tool for the Shire and others. 5 th action item: Recommendation 24(d): Include additional wording; Recognise Indigenous Protective Areas by incorporating these areas onto the Strategy and Scheme maps and ensuring appropriate zoning controls are developed. 6 th action item: The Shire and Department of Planning should consult with Yawuru to clarify what is envisioned by this action item, in particular the phrase sympathetic re-use of heritage assets. 7th action item: The Shire and Department of Planning should consult with Yawuru on this action. What guidelines/criteria would be used to determine if a heritage place can be developed and/or altered for tourism purposes? It is imperative that the relevant traditional owners are consulted closely on any such proposal so that development only occurs if it is culturally acceptable. 8th action item: 21

22 The Shire and Department of Planning should consult with Yawuru on this action. The Shire should work closely with Yawuru or the relevant traditional owners in planning this study and Yawuru/other groups (as appropriate, depending on location) should be engaged to undertake aspects of the study (e.g. surveys) to the relevant extent. 25. Section Precinct 6 (Gantheaume Point) Recommendation 25: Guideline 5 to be amended or deleted The requirement to service subdivisions and developments with reticulated sewer, sealed roads and electricity should be expanded to allow for and encourage environmentally sustainable servicing and development opportunities. Low impact tourist developments traditionally incorporate solar power, unsealed roads and ecofriendly effluent disposal units which should all be encourage, and at the very lease not prohibited, within Precinct Section 3.5 Cultural Management Plans Yawuru believe that if the Shire of Broome is to appropriately recognize the implications of Yawuru s responsibilities of looking after Country and the native title determination and ILUAs, the Yawuru Cultural Management Plan should form part of the local planning framework. The YCMP that was prepared to guide development in the YCE and sets out Yawuru cultural values and how to respect and protect them. However the Yawuru Cultural Management plan covers Yawuru Country and can be used in the same way across all Yawuru Country. Therefore this section should be amended to state that: Recommendation 26: Cultural management plans should form part of the Strategy as this is the first stage of planning and underpins all future development in the Shire. They are foundational reference documents for all future planning and development proposal. 27. Section 4 Implementation Plans As discussed above, the Yawuru Cultural Management Plan was specifically prepared to address planning and management issues associated with the YCE, to underpin the Joint Management Plans. Therefore the YCMP and the subsequent proposed /draft Joint Management Plans should be considered as documents that form an integral part of the Local Planning Strategy. Together they provide valuable information about Yawuru and the cultural and conservation values that they seek to protect and enhance. Prospective developers should be aware of these significant Yawuru heritage issues. Recommendation 27: For reasons previously outlined, the Yawuru Cultural Management Plan and Yawuru Joint Management Plans (in town) should be included as an implementation plan. 22

23 TABLE OF RECOMMENDATIONS Recommendation 1. The Natural Resource components of the Cultural and Natural Resource Zone be removed i.e. removal of Clause (a) from the Scheme. Number 2. Zoning of Bilgungurr and Nillir Irbanjin to remain as Settlement within the Scheme unless suitable dialogue has occurred, and collaborative agreement is reached, with the residents of these communities, Yawuru and other key stakeholders. 3. Yawuru strongly oppose the eastern extension of Lorikeet Drive onto Broome Road and request that the road reserve be removed from the Scheme maps. A constructive dialogue between Yawuru and the Shire is requested and required on this matter. 4. A Mixed Use zoning is not supported for the Kennedy Hill properties (as listed above) and the Scheme maps should be amended to show a new Cultural Zone, which could be created by the removal of the Natural Resource components of the Cultural and Natural Resource Use Zone. A constructive dialogue between Yawuru, the Shire and Department of Planning is requested and required on this matter. 5. The Scheme maps be amended so that the zoning of Kunin Reserve remains as Settlement or be rezoned as a new Cultural Zone, which could be created by the removal of the Natural Resource components of the Cultural and Natural Resource Use Zone. A constructive dialogue between Yawuru, the Shire and Department of Planning is requested and required on this matter. 6. The Scheme maps be revised so that the area between the western edge of Lot 401 and eastern boundary of Lot 1848 Kavite Road, Minyirr be included within the Development zone (i.e. as shown in TPS4). 7. Support zoning change of Lot 504 from Development to a reserve which is consistent with the purpose and objectives of the Yawuru Conservation Estate. 8. The Scheme maps be updated to reflect scheme amendment The Scheme maps be revised so that the zoning of Lot 527 Fairway Drive, Bilingurr remains as Development. 10. The Scheme maps be amended so that the zoning of Lot 527 Fairway Drive, Bilingurr remains as Development or be rezoned to Tourist for the reasons listed above. 11. The Scheme maps be amended to reflect the road closure and realignment of the portion of Fairway Drive between Lot 527 Fairway Drive & Lot 3128 Coucal Street, Bilingurr. 12. The Scheme maps be amended so the road reserve within Lot 259 remains as a coastal reserve and/or has a conservation zoning which is consistent with the Strategy and YCE. A road closure process should also be initiated for this road reserve. 23