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FINANCE & ADMINISTRATION COMMITTEE

21 AUGUST 2008

4 FLAME TREE ROAD – KABA GADA WATER HOLE – DIVISION 10 Linda Kirchner 19/15/1 : 19/15/1-17: #1795507

RECOMMENDATION: 1. That Council note the issues raised at the deputation to Council on 15 May

2008 by Prue and Neill Hewitt. 2. That Council note the findings of the public consultation undertaken by the

20/20 Group in 2007 and in particular:

• The traditional owners requests regarding naming; signage and removal of reference to the site from tourist maps

• Local community’s request for continued public access. 3. That Council note that the proposed adjustment to the area to be closed as

road and created as Reserve for Culture, Environment and Recreation with Cairns Regional Council and Kuku Yalangi as joint trustees (as indicated on the attached maps). This will achieve local community expectations whilst ensuring appropriate traffic movements in the vicinity of the site.

4. That Council adopt the Kaba Gada Reserve Management Plan but not

implement the installation of the gate at this stage but that this is considered as part of the two year review process.

5. That Council install appropriate signage adjacent to the water hole and that an

official letter of request is sent to the relevant tourism bodies to request that they respect the wishes of the traditional owners and not include this site in their tour itineraries.

6. Furthermore, Council delegate authority to the Mayor and Chief Executive

Officer in accordance with section 472 of the Local Government Act 1993 to determine and finalise any and all matters associated with the road closure and subsequent actions as recommended in the report.

INTRODUCTION: On the 15 May 2008, a deputation was presented to Council by Prue and Neil Hewett regarding the Kaba Gada (Blue Hole) swimming hole in Cooper Creek, Division 10.

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BACKGROUND: Mr and Mrs Hewitt operate a commercial rainforest access (including guided walks and picnic sites) along Cooper Creek. In their deputation they indicated the cultural and biodiversity significance of Kaba Gada (Blue Hole) and requested that Council make application for permanent closure of part of a triangular section of Flame Tree road.

COMMENT: Department of Natural Resources and Water’s position Officers from the Department of Natural Resources (DNR) have advised that when the proposed road closure was publicly advertised several years ago there was significant adverse reaction from the community. Subsequent Ministerial correspondence on the matter has recognised the community’s common law right to swim at this site. As a result, the reserve purpose “Recreation” was specifically included by DNR acknowledgement of the community’s position. The state ultimately determines the reserve purpose and therefore the inclusion of the word Recreation can be mandated by the State. Previous Decisions of Douglas Shire Council A review has been conducted of the former Douglas Shire Council minutes and in summary the following past actions should be noted:

• January 2004 Council resolved to seek legal advice and discuss the matter with WTMA and CYLC

• February 2004 Council resolved to write to adjoining landowners and DNR&M • June 2004 Council resolved to spend $20,000 on the development of a

management plan including consultation, signage and infrastructure with a view to a road closure and creation of a Reserve for Cultural, Recreational and Environmental Purposes

• September 2004 awarded the consultancy to James Cook University There was some delay in the preparation of the plan by JCU, but a draft document was received in March 2007. 2007 Community Consultation Findings Douglas Shire Council then engaged the 20/20 group to undertake community consultation on the draft Blue Hole Reserve Management Plan and in particular, to document the views of the traditional owners.

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The following organisations were consulted: • Daintree Village Tourist Association • Daintree Cape Tribulation Tourism, • Port Douglas Daintree Tourism Association • Far North Queensland Tour Operators Association • CAFNEC • Wujal Wujal Shire Councill • Bamanga Bubu Ngnadimunku • Mossman Elder’s Justice Group • Douglas Shire Sustainability Group

A six hour public information session and feedback meeting was held at Cape Tribulation on the Saturday 15 September 2007. 25 persons participated in that meeting (including the Hewitt’s who met the traditional owners for the first time at that meeting). In summary, whilst consensus was not reached at the meeting there was acknowledgement of the diversity of views. The key issues/recommendations were:

• The Blue Hole Reserve should be called by its aboriginal name, Kaba Gada and appropriately signed to indicate its cultural and biodiversity significance.

• The purpose of any signage would be to ensure locals were mindful of the importance of the site. It was therefore generally agreed that any signage should be located within the reserve and adjacent to the river such that it did not to direct new visitors to the site. Signage should include a crocodile warning sign.

• Local commercial operators should be encouraged not to promote the site and that reference to the site not be included in tour itineraries and maps – the success with similar actions relating to the Bouncing Stones site was noted.

• Turpentine Road residents did not want car parking on Turpentine Road – but car parking was generally acknowledged as a problem.

• There were differing views within the attendees about the level of local community access and whether swimming should be prohibited. It was noted that if swimming was banned locals would use other sites so issues regarding visitation impact would simply transfer to the other site.

• By installing a gate and a road blocked sign could act as a reference point and thereby attract more local visitation to the site.

A total of 21 written submissions were made to Douglas Shire Council including three from government departments; two from tourism groups; two from indigenous groups and one from an environmental group. The remaining submissions were from 11 neighbouring or Cow Bay residents. Whilst all submitters supported the establishment of the Reserve, there were differing views on the extent of management and restrictions on the site. In summary, the community consultation showed general support for the draft plan as a compromise position which will guide management of the site over time once it becomes a reserve. It was particularly noted that the management plan had a two year review component. A copy of the consultation report is now held on Cairns Regional Councils records.

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Mossman Staff Input Technical staff have endorsed the biodiversity significance of the site and the need to implement measures which assist with recognition and protection of the cultural and biodiversity values. The following technical reports are available for viewing on Council’s website:

• Vegetation report on the proposed Blue Hole, Cultural and Environmental Reserve

• Blue Hole Biophysical Assessment • Cultural Heritage Assessment of Blue Pool, Cooper Creek.

However, previous experience at Cow Bay has shown that when gates are installed that are not supported by the locals, they will be subject to vandalism and therefore will not effectively restrict access. In some cases, the installation may in fact draw attention or act as a sign post to the site. It is important that the actual dimensions of the reserve meet the needs of all users in the area. Council officers have indicated that the original area for dedication as reserve should be adjusted and the reserve commence at the drop off point rather than at the Flame Tree Road Turpentine Road intersection. Given Mossman staff’s detailed knowledge of the area and the differing views on community access to the site it is proposed that an adjusted reserve boundary be submitted to the Department for consideration.

CONSIDERATIONS: Corporate and Operational Plans: This report supports Corporate Plan Goal 4.1 – Improved management of the region’s natural resources for sustainability and ecosystem health. Statutory: Should Council resolve to proceed with adoption of the management plan and the subsequent road closure and creation of the reserve this will be subject of the requirements of the Land Act. Policy: It is appropriate that Cairns Regional Council and Kuku Yalangi be joint trustee for the newly created reserve. This would also reflect the intentions of the Federal Court December 2007 determination with respect to Eastern Kuku Yalanji ILUA area. It is not appropriate to include private members of the public as joint trustee as it is the role of Council to protect and regulate use of public land not the adjoining land owner. It is highly unlikely that the State would consider including the adjoining land owner as a joint trustee.

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Financial and Risk: It is proposed that no gate be installed at this time and that signage will be low key within the reserve with the intent of reminding local users of the values of the site. The cost of erection of the sign will be met with the Manager Corporate Performance’s existing budget. Sustainability: Clearly there is a diversity of views relating to usage and protection of this area. The Management Plan provides a compromise position and provides guidance to Council and the community about the need to protect the values of this area. The proposed actions will help to reduce visitations over time which will assist with this objective.

CONSULTATION: As detailed above, this matter has been discussed for more than ten years and it is important that Council now proceeds with the creation of a reserve but at a location that still meets the local community’s needs. It should be noted that any road closure and subsequent creation of a reserve by the Department will still require community consultation (public advertisement) and DNR staff will specifically address the cultural heritage values and the traditional owners views.

OPTIONS: 1. Adopt the plan in principle but reduce the dimensions of the road closure and defer

installation of the gate at this stage. 2. Adopt the plan as is and commence road closure proceedings, installation of gate

and associated actions. 3. Take no further action at this stage.

CONCLUSION: It is important that this matter is finalised and it is therefore recommended that Council adopt the plan in principle but give the Mayor and the Chief Executive Office the delegated authority to determine what adjustments need to be made to the cadastral boundaries of the proposed reserve to achieve a balanced outcome for the community. Because the plan has a two year review cycle, adjustments can be made as proposed actions are implemented.

ATTACHMENTS: 1. Draft Kaba Gada Management Plan (#147637). 2. Draft revised map of the proposed Reserve area. `

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The following reports are available for viewing on Council’s website:

• Vegetation report on the proposed Blue Hole, Cultural and Environmental Recreation Reserve #1747632

• Blue Hole Biophysical Assessment #1747640 • Cultural Heritage Assessment of Blue Pool, Cooper Creek #1747646. • 20/20 Group community consultation report #1747631

Linda Kirchner Manager Corporate Performance Brett Grosser General Manager Corporate Services

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Attachment No. 1

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ATTACHMENT 2 PROPOSED REVISED LIMITED ROAD CLOSURE AND NEW RESERVE AREA