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Editors --- "Principles of Co-operation Agreement: Metropolitan Local Aboriginal Land Council and City of Sydney - Digest" [2006] AUIndigLawRpr 59; (2006) 10(3) Australian Indigenous Law Reporter 93

PRINCIPLES OF COOPERATION: METROPOLITAN LOCAL ABORIGINAL LAND COUNCIL AND CITY OF SYDNEY

Signed by Chairperson of the Metropolitan Local Aboriginal Land Council, Rob Walsh and Lord Mayor of the City of Sydney, Clover Moore Redfern, Sydney, New South Wales 11 April 2006

Principles

Before the arrival of Europeans the Australian continent was owned and occupied by Aboriginal Nations, Clans and Families.

Sydney is the place where Aboriginal dispossession commenced and where Aboriginal resistance to the forced occupation of Aboriginal land commenced. Redfern, no part of City of Sydney, is recognised by many as the hearth of the Aboriginal struggle for land, justice, co-existence and recognition.

Metropolitan Local Aboriginal Land Council and City of Sydney agree to:

• actively work together to foster reconciliation between Aboriginal and non-aboriginal people;
• actively work together to promote an increased understanding of Aboriginal culture;
• establish and maintain open and transparent two-way communications and consultation between the two organisation;
• establish a framework for consideration development proposals affecting Metropolitan Local Aboriginal Land Council interests that is consistent with Sydney of Sydney’s duties and obligations under all relevant laws.

Supporting Statements

Within city of Sydney’s Local Government Area (LGA), Metropolitan Local Aboriginal Land Council is recognised as the custodians of Aboriginal land, cultural sites and landscapes.

Metropolitan Local Aboriginal Land council has spiritual and cultural ties to the land and waterways of City of Sydney’s LGA.

The parties to this agreement recognise that Metropolitan Local Aboriginal Land council is a significant landholder within City of Sydney’s LGA.

City of Sydney is an elected representative body and the consent authority for development within City of Sydney’s LGA.

Given the major stakeholder status of the parties, good communication, consultation and an agreed framework for negotiating development is essential.

Local government authorities have environmental, social and community planning documents as well as Local environment Plans that contain development and planning codes which given development in City of Sydney’s LGA.

The parties to this agreement seek to work proactively and collaboratively to identify relevant projects.

Further, the parties agree to inform and involve each other in relation to development proposals on or affecting Aboriginal interests.

This is subject to City of Sydney’s obligations under all laws relating to disclosure of information.

Archaeological sites and cultural landscapes, and spiritual and heritage protection are paramount in Metropolitan Local Aboriginal Land Council’s priorities.

Metropolitan Local Aboriginal Land Council aims to work with the City of Sydney to achieve development consistent with the environmental, social and community objectives set down by City of Sydney.

The parties will establish a framework for the discussion and implementation, where relevant, of development proposals affecting Aboriginal interests. This will ensure that Aboriginal interests and community objectives can be aligned. This is subject to City of Sydney’s capacity to participate in any such framework under the laws which establish City of Sydney as a statutory authority and the applicable planning laws.

The parties, through the operation of this agreement, will foster reconciliation between Aboriginal and non-Aboriginal people.

The parties will endeavour to recognise and promote understanding of the custodial obligations, spiritual and cultural ties of metropolitan Local Aboriginal Land council, recognising statutory constraints on City of Sydney.

The Parties Agree To:

Recognise Metropolitan Local Aboriginal Land Council as the statutory body representing Aboriginal interests within its boundaries and City of Sydney as the statutory authority representing the resident of City of Sydney at the local government level.

Respect Metropolitan Local Aboriginal Land Council’s rights, obligations and aspirations and City of Sydney’s rights and responsibilities to the local community.

Respect and understand each party’s decision-making processes.

Encourage the establishment of appropriate protocols and governance for the consideration of development proposals affecting Aboriginal interests, consistent with City of Sydney’s legislative obligations and constraints.

Identify proposals mutually consistent with Metropolitan Local Aboriginal Land Council’s interests and City of Sydney’s objectives.

Subject to City of Sydney’s obligations under al laws relating to disclosure of information, conduct negotiations in confidence and where agreed by the parties, disclose information that is mutually agreed on.

Improve the communications with any identified stakeholders, including NSW Government departments and authorities relevant to the facilitation of projects consistent with Aboriginal aspirations and interests.

Identify potential joint projects that can improve the employment, educational and training opportunities for Aboriginal people. These may include development opportunities, tourism management and community development as well as any other agreed initiatives.

City of Sydney will identify and nominating funding opportunities, including joint funding opportunities to assist with reconciliation and specifically for employment, education and training opportunities for Aboriginal people.

City of Sydney will provide recognition and assistance for agreed Aboriginal cultural and sporting events and reconciliation conferences.

Recognise that the current development climate places Aboriginal land and local government planning authorities under intense pressure. The parties will seek to encourage the provision of a transparent framework to discuss and negotiate development opportunities and proposals in which Metropolitan Local Aboriginal Land Council has the capacity to participate.

To interpret and implement this agreement based on the principles of mutual recognition and respect.

In order to assist City of Sydney and Metropolitan Local Aboriginal Land Council to work through any major issues arising, it is agreed that a mechanism should be established, namely the Coordination Committee.

Coordination Committee

In order to achieve the above, the parties will establish a coordination committee which will comprise Metropolitan Local aboriginal Land Council’s Chair and General Manager and City of Sydney’s Lord Mayor and Chief Executive Office to coordinate issues associated with this agreement.

Other nominees can attend as agreed.

Coordination shall include the sharing of information necessary to implement the principles inherent in this agreement.

The Coordination Committee will meets as required to resolve any disputes, grievances and issues associated with the implementation of the principles of this agreement.

The Coordination Committee may look at issues, such as access issues, administration, capital works and infrastructure.

Cross-cultural training and joint community development initiatives could be considered.

This is the fifth Principles of Cooperation Agreement signed between the Metropolitan Local Aboriginal Land Council and City Councils within its boundaries. The Agreement is available online at <http://www.sydneymedia.com.au/asset/2/upload/principles_ of_coop_metal_sign_400x1000_web.pdf> .

(2006) 10(3) AILR

95