ABORIGINAL AFFAIRS PLANNING AUTHORITY ACT 1972 RESERVES 9656 AND 33542, FITZROY CROSSING REPORT OF THE ABORIGINAL AFFAIRS PLANNING AUTHORITY ISSUE Reserve 9656 is located in the township of Fitzroy Crossing and within that reserve is a separate area being Reserve 33542. Both are the subject of a proclamation under Part III of the Aboriginal Affairs Planning Authority Act 1972 ("AAPA Act") and are under the control and management of the Aboriginal Lands Trust ("ALT"). The Fitzroy Futures Town Plan ("FFTP") was developed by the then Department of Planning and Infrastructure in partnership with the Shire of DerbyWest Kimberley and Bunuba Inc. A copy of the FTTP is Attachment 1 to this Report. Considerable consultation was undertaken with a number of stakeholders and the wider community in development of the FTTP. The FFTP outlines strategies for future land use planning in Fitzroy Crossing aimed at achieving better social, cultural and economic outcomes for local Aboriginal communities. The FTTP provides strategies for supply of viable land for residential, commercial and industrial uses and integration of the township with town- based Aboriginal communities. Land tenure changes to Reserves 9656 and 33542 are pivotal to implementation of the FFTP. In March 2010 the ALT recommended to the Aboriginal Affairs Planning Authority ("AAPA") that Reserves 9656 and 33542 be de-proclaimed under section 25(1) (c) AAPA Act. The AAPA on recommendation of the ALT now seeks a declaration under that section 25(1) (c) AAPA Act that Reserves 9656 and 33542 cease to be reserved for persons of Aboriginal descent. THE RESERVES Reserve 9656 comprises approximately 992 hectares. Reserve 33542 is a 3.88 hectare portion within Reserve 9656. On 17 March 1905 Reserve 9656 was set aside as public lands for the purpose of a town site under the Land Act 1898. In 1951 the reservation of the land as town site changed to reservation for natives under the Native Administration Act 1905-47. On 6 June 1973 Reserve 9656 was proclaimed under section 25 of the AAPA Act to be reserved for persons of Aboriginal descent. Pursuant to section 24 of the AAPA Act, the Governor by proclamation declared Reserve 9656 under the control and management of the ALT. Reserve 33542 is located within Reserve 9656 having been reserved for the purpose of the (former) Fitzroy Crossing School.It was created when a 3.88 hectare portion of Reserve 9656 was purportedly excised in 1975.Investigations have shown that the creation of Reserve 33542 never proceeded through the required de-proclamation process and is still subject to Part III AAPA Act. The Junjuwa Aboriginal Community is located on a small portion of Reserve 9656. Junjuwa Community Incorporated (JCI) has bylaws proclaimed under the Aboriginal Communities Act 1979 (WA). The bylaws are no longer enforced. The de-proclamation will have no impact upon the bylaws in any event.JCI and other Bunuba constituent bodies restructured in 1999 and a new corporate body was set up in 1999 - Bunuba Inc. The membership of Bunuba Inc includes the members of JCI. Bunuba Inc was a party to the FTTP. NATIVE TITLE CLAIMS Currently there is no native title claim over Reserves 9656 and 33542 however the Bunuba native title claim covers land in the immediate vicinity. The State Government is currently negotiating an Indigenous Land Use Agreement (ILUA) with the Bunuba native title claimants. DE-PROCLAMATION OF THE RESERVES The de-proclamation of Reserves 9656 and 33542 is required to enable the land planning uses and tenure changes envisaged under the FTTP to occur.Bunuba Inc. and the Bunuba native title claimants support the de-proclamation and the implementation of the FTTP. To de-proclaim Reserves 9656 and 33542, the Governor must make a declaration under section 25(1) (c) of the AAPA Act that the land shall cease to be reserved for persons of Aboriginal descent under that Act. Once this has occurred the proclamation by which the land came under Part III will fall away. Prior to being the subject of a proclamation under Part III AAPA Act, the land was first reserved under the relevant Land Acts. By virtue of the provisions of the Land Administration Act 1997("LAA") that prior vesting continues in as a Management Order under s 46(3) of that Act. The Management Order continues post de-proclamation. Accordingly, when the Part III protection is removed, the Management Order remains and the Reserves revert to ALT reserves for the Use and Benefit of Aboriginal Inhabitants under the LAA. Those land tenure changes required to implement the FTTP can then be made in accordance with the applicable processes under the LAA. 2 RECOMMENDATION The AAPA asks the Minister to recommend to the Governor under section 25(2) of the AAPA Act that Reserves 9656 and shall cease to be reserved for persons of Aboriginal descent in accordance with section 25(1)(c) of that Act. 3 ABORIGINAL AFFAIRS PLANNING AUTHORITY ACT 1972 SECTION 25 PROPOSED RECOMMENDATION MINISTER FOR INDIGENOUS AFFAIRS The Minister respectfully advises His Excellency the Governor: 1.Under section 25(1)(c) of the Aboriginal Affairs Planning Authority Act 1972 to make the following proclamation; "I, the Governor, acting under section 25(1)(c) of the Aboriginal Affairs Planning Authority Act 1972 on the recommendation of the Minister for Indigenous Affairs and with the advice and consent of the Executive Council, declare that the land described in the Schedule shall cease to be reserved for persons of Aboriginal descent". and 2.To approve of the publication of that proclamation in the Government Gazette. Hon Peter Collier MLC MINISTER FOR ENERGY; TRAINING AND WORKFORCE DEVELOPMENT; INDIGENOUS AFFAIRS SCHEDULE 1 Reserve 9656, comprising a)Lot 2 on Plan 122438 being the land described in qualified certificate of Crown land title volume 3009 folio 916; b) Lot 10 on Plan 89410 being the land described in qualified certificate of Crown land title volume 3009 folio 917; c) Lot 17 on Plan 144199 being the land described in qualified certificate of Crown land title volume 3009 folio 918; d) Lot 49 on Plan 210314 being the land described in qualified certificate of Crown land title volume 3009 folio 919; e) Lot 100 on Plan 92277 being the land described in qualified certificate of Crown land title volume 3059 folio 391; f)Lot 73 on Plan 180410 being the land described in qualified certificate of Crown land title volume 3059 folio 370, Reserve Number 33542. 2 4cccr/ c;r1.1= up A D D A- A Note: Community Layout Plans in Fitzroy Futures Town Plan are not kept up-to-date. See www.planning.wa.gov.au for current CLP versions. I FITZROY FUTURES TOWN PLAN - March 2009 Contents 1 INTRODUCTION TO FITZROY CROSSING 1 1.1 History of the Fitzroy area 1 1.2 European settlement 1 1.3 Recent history of Fitzroy Crossing 2 1.4 Lifestyle 2 1.5 Population characteristics 3 1.6 Population projections 4 1.7 Settlement pattern 5 1.8 Housing supply and density 5 1.9 Land Supply 6 1.10 Land tenure 7 1.10.1Native title considerations 7 1.11 Community services 8 1.11.1Education 8 1.11.2Health 8 1.11.3Recreation 8 1.11.4 Community facilities 8 2 THE NEED FOR THIS STUDY 9 2.1 Fitzroy Futures 2000 9 2.2 Planning issues facing the study area 9 2.3 Planning context 10 2.3.1 State context 10 2.3.2Local government planning control 11 2.4 Community consultation 11 2.4.1 Public Comment Period 12 2.5 Planning process 13 3 THE FITZROY ENVIRONMENT 14 3.1 Climate 14 3.2 Physical Features 14 3.2.1 Vegetation 14 3.2.2Topography 15 3.3 River Flooding 15 3.3.1 Other Uses for Fitzroy's Water Resource 16 3.4 Heritage Considerations 16 3.4.1 Aboriginal Heritage 16 3.4.2Built Heritage 17 4 ECONOMIC ACTIVITY AND EMPLOYMENT 18 4.1 Tourism 18 4.2 Art and Craft 18 4.3 Community Services 18 4.4 Retail and Light Industry 18 4.5 Pastoral Industry 19 4.6 Mineral Development 19 5 TRANSPORT AND INFRASTRUCTURE 20 5.1 Roads 20 5.2 Air Travel 20 5.3 Energy and Power Supply 20 5.3.1 New Power Station 20 5.3.2Services to Aboriginal communities 21 5.3.3Fitzroy Crossing Electricity Licence Area 21 page i FITZROY FUTURES TOWN PLAN - March 2009 5.4 Public Drinking Water Supply 21 5.4.1 Water Source 21 5.4.2Water Supply 25 5.5 Wastewater 26 5.6 Waste management 27 6 FITZROY FUTURES TOWN PLAN 28 6.1 Objectives and outlook of the plan 28 6.2 Planning Principles 28 6.3 Future Land Uses 28 6.3.1 Living Areas 29 6.3.2Human Services 30 6.3.3Commercial and Business 31 6.3.4Industrial 31 6.3.5Transport and Access 32 6.3.6Essential Services 32 6.3.7Public Drinking Water Source Protection 32 6.3.8Flood-Prone Land 33 6.3.9Heritage Sites 33 7 IMPLEMENTATION AND RECOMMENDATIONS 34 7.1 Cadastral amendments 34 7.2 Summary of Land Ownership Changes 35 7.3 Recommendations 36 7.3.1 Social Environment 36 7.3.2Natural Environment 36 7.3.3Economic Environment 37 7.3.4Sustainable Development 37 7.4 Status of this Document 37 7.5 Fitzroy Futures Working Group 37 7.6 Staging and Funding 38 8 REFERENCES 39 APPENDIX A: Proposed Land Tenure Adjustments Summary Table and Map 43 page ii FITZROY FUTURES TOWN PLAN - March 2009 List of Figures, Charts and Tables Figures Figure 1 Locality plan Figure 2 Existing land use and settlement pattern Figure 3 Existing land ownership Figure 4 Existing and proposed community services Figure 5a Burawa community layout plan Figure 5b Junuwa community layout plan Figure 5c Darlgunaya community layout plan Figure 5d Bungardi community layout plan Figure 5e & 5f Mindi Rardi and Kurnangki community layout plan Figure 5g Lowangbung / Marra Worra housing plan Figure 6 Environment