Editors --- "Interim Agreement with the Shire of Broome - Digest" [1996] AUIndigLawRpr 66; (1996) 1(3) Australian Indigenous Law Reporter 464

Interim Agreement with the Shire of Broome

This Agreement between the Rubibi Working Group (representing the Claimants to the Broome Native Title Claims) and the Shire of Broome, is the first of its kind to arise as a direct result of a native title claim and was brokered by the National Native Title Tribunal.

Under the Agreement, the Shire of Broome expressly acknowledges the right of Aboriginal people to speak for their country and to look after their country in accordance with their laws, customs and traditions. This provides the foundation for a commitment to develop an approach to the Town Planning process which is fully cognisant of Aboriginal Culture and Heritage. Since signing the Agreement the Rubibi Working Group and the Shire of Broome have embarked upon a partnership project, entitled: 'Town Planning for Aboriginal Culture and Heritage'. This project is funded by the Commonwealth Government under the Local Government Development Program and is intended to run for twelve months. The aim of the project is to develop an appropriate model, for decision-making in Town Planning, which can be transported to other areas of Australia.

THIS INTERIM AGREEMENT is made on the 1st day of May 1996 between the RUBIBI WORKING GROUP representing the native title applicants in the Broome area and THE SHIRE OF BROOME:

1. The Shire of Broome acknowledges that the Aboriginal people are the original inhabitants of the Broome region, and that according to their continuing law, traditions and customs it remains their traditional country.

2. The Aboriginal people of Broome acknowledges the colonisation of the Broome area by non-Aboriginal people and respect the continuing rights and interests of all the people in the Broome community.

3. The arrival of non-Aboriginal people brought massive changes to this land and to its indigenous people. However the Shire of Broome acknowledges and respects their law, their customs and their traditions and their special relationship with the land. The Shire of Broome also acknowledges and respects the rights of the Aboriginal people to speak for their country and the duties imposed on them to look after their traditional country, in accordance with their laws, customs and traditions.

4. The parties commit themselves to seek together ways in which Aboriginal interests can be advanced where decision are to be made about their traditional country.

5. The parties commit themselves to work together to ensure that this is done in a way that advances the interests of the whole community and promotes harmonious community interests.

6. This interim agreement is made as an act of good faith on all sides is not intended to affect the legal rights, powers or obligations of any of the parties.

7. The RWG and the Shire commit themselves to the development of greater community understanding of Aboriginal culture in the Broome region and increasing opportunities for cultural tourism.

8. The Shire commits itself in principle to supporting the economic aspirations of the Aboriginal people and recognise that their economic development will be of benefit to the economy of Broome as a whole.

9. The RWG and the Shire agree to seek the support of the State government for future cooperative arrangements involving the following elements:

(1) The development of a planning strategy to be embodied in the town plan for Broome which will identify:

• areas of land of special cultural significance to Aboriginal people
• areas of land to be the subject of joint management arrangements; and
• areas of land subject to continuing development pressures in respect of which Aboriginal interests require specific recognition and protection.

(2) The formulation of mechanisms for inclusion in the planning strategy to provide for recognition and protection Aboriginal interests in decisions made under the town plan and for joint management.

(3) Arrangements under which coastal reserves in the Broome area would be the subject of joint management arrangements with the reserves vested in the RWG, the Shire, or jointly in the RWG, the Shire and/or the Department of Conservation and Land Management.

(4) Joint management agreements which will include as their objects:

• the protection and enhancement of Aboriginal traditions and values in relation to the land and recognition of their status as traditional owners of the land;
• the protection and enhancement of the coastal environment; and
• public access to and use of coastal areas in ways that are compatible with these objects.

(5) The use of the Clementson Street Reserve for the benefit of the Aboriginal people of Broome on terms and conditions to be discussed.

10. The parties agree to approach State and Federal agencies for assistance in the formulation of the planning strategy and its incorporation in the town plan.

11. The RWG agrees to deal with the Shire and the State with a view to reaching substantial agreements as a matter of priority. The Shire recognises that it will be necessary for RWG to consult with the wider Aboriginal community before any agreements can be finalised. l