Culturally Appropriate First Nations Consultation Muthi ... · Broadfoot and Jack Ritchie of Sevenseas Creative, acknowledge and pay their respect to all the Traditional Owners and

NSW Department of Planning, Industry and Environment | dpie.nsw.gov.au

THE BASIN PLAN IMPLEMENTATION

Culturally Appropriate First Nations Consultation Report with Muthi Muthi

Published by NSW Department of Planning, Industry and Environment

dpie.nsw.gov.au

Title: Culturally Appropriate First Nations Consultation Report with Muthi Muthi

Subtitle:

First published: November 2019

Department reference number: PUB19/582

NOTE: On 1 July 2019, NSW Department of Industry became part of NSW Department of Planning, Industry and

Environment. Any references to Department of Industry in this document, except where made in a historical context, can

be taken to refer to Department of Planning, Industry and Environment.

More information

Darren Murray, Principal Aboriginal Cultural Liaison Officer, Water Policy, Planning and Sciences Division, Coffs Harbour

Tim Golland, Manager Water Resource Plan Deliverables, Water Policy, Planning and Sciences Division, Wagga Wagga

Brendon Chatfield, Aboriginal Cultural Officer, Water Policy, Planning and Sciences Division, Dubbo

Acknowledgements

This report was prepared by consultants Sevenseas Creative.

All material in sections 4, 5 and 6 and as otherwise acknowledged is First Nations Cultural Knowledge provided by Senior Traditional Owners and Traditional Owners of the Muthi Muthi Nation for this consultation report. Senior Traditional Owners also provided guidance on the consultation process and report draft.

© State of New South Wales through Department of Planning, Industry and Environment 2019. This report includes Traditional Knowledge of the Muthi Muthi Nation, provided by the Traditional Owners who have consented to its use in this report and for the purposes of development and accreditation of Water Resource Plans and water planning in NSW. For those purposes only, you may copy, distribute, display, link to and download this report and quote from it provided you acknowledge the Traditional Owners. For any other use of this report or the Traditional Knowledge contained in it, please contact NSW Department of Planning, Industry and Environment who will forward your request to the Traditional Owners. Note: Some content in this publication may have different licence terms as indicated.

Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing (November 2019) and may not be accurate, current or complete. The State of New South Wales (including the Department of Planning, Industry and Environment), the authors and the Traditional Owners take no responsibility, and will accept no liability, for the accuracy, currency, reliability or correctness of any information included in the document (including material provided by third parties). Readers should make their own inquiries and rely on their own advice when making decisions related to material contained in this publication.


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Acknowledgement of Traditional Owners NSW Department of Planning, Industry and Environment - Water and consultants, Andrea Broadfoot and Jack Ritchie of Sevenseas Creative, acknowledge and pay their respect to all the Traditional Owners and their Nations of the Murray-Darling Basin. The contributions of earlier generations, including the Elders, who have fought for their rights in natural resource management, are also valued and respected.

In particular, NSW Department of Planning, Industry and Environment - Water acknowledges and pays its respects to the Traditional Owners of the Muthi Muthi Nation, past, present and future/emerging and the continuation of cultural, spiritual and educational practices of the First Nations. NSW Department of Planning, Industry and Environment - Water and Sevenseas Creative are grateful for the energy and time invested by the Senior Traditional Owners and other members of the Muthi Muthi Nation in the consultation process and the creation of this report. NSW Department of Planning, Industry and Environment - Water and Sevenseas Creative thank the Muthi Muthi Nation for their generosity during time shared on Country. It is hoped that this relationship can be built upon for future mutual benefit in the process of water planning and water sharing.

Foreword This report has been prepared by Sevenseas Creative, who have been contracted on behalf of the NSW Department of Planning, Industry and Environment - Water as a First Nations Stakeholder Consultant to co-design and deliver a round of Nation-Based consultations with the Muthi Muthi Nation to record the concerns of Traditional Owners for inclusion in Water Resource Plans.

The Muthi Muthi Consultation round took place in December 2018 and February 2019 across the Muthi Muthi Nation in Mildura and Balranald New South Wales. The consultation process was designed to meet the requirements of the Murray Darling Basin Plan (Chapter 10, Part 14) and was conducted according to guidelines set by the Murray Darling Basin Authority for best practice traditional owner consultation. The process was a collaborative effort between Sevenseas Creative, NSW Department of Planning, Industry and Environment - Water and the appointed Muthi Muthi Nation Organiser.

This report outlines the consultation methodology and process, making recommendations for future consultations. It presents the Muthi Muthi Nation’s objectives and outcomes for the management of water, based on their water-dependent values and uses, as determined in the consultation rounds.


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Glossary Abbreviation Description

AMS Aboriginal Medical Service

Basin Plan Murray Darling Basin Plan

MDBA Murray Darling Basin Authority

mL Megalitre

MLDRIN Murray Lower Darling Rivers Indigenous Nations

NBAN Northern Basin Aboriginal Nations

STOs Senior Traditional Owners

TOs Traditional Owner/s

TSR Traveling Stock Route

WRP Water Resource Plan

WSP Water Sharing Plan

Notes on terminology ‘First Nations’ is used to refer to the original owners of what we now term Australia, as individuals, communities and nations. It is used in preference to the generic terms ‘Aboriginal’ and ‘Indigenous’, which deny the diversity of Australia’s original inhabitants. The term ‘First Nations’ acknowledges the specific jurisdiction that individual nation groups have over certain areas of Country across Australia.

‘Muthi Muthi’, as recommended by the Muthi Muthi Nation Organiser and used for Native Title, is the name for the people and nation consulted for this report. Local variations/ The Muthi Muthi Nation has various spellings for their Nation including Mutti, Mutthi, Muthi, Mathi, Madi, Mutti. All relate to the same First Nation referred to in this document as Muthi Muthi.

‘Traditional Owners’ is the term ‘used to refer to those with recognised cultural authority to speak for Country’, as suggested by the Murray Darling Basin Authority. ‘Senior traditional owners’ has been used for those with respected senior authority within certain areas or families, as identified by the Muthi Muthi Nation Organiser in this consultation. They are sometimes also labelled ‘knowledge holders’ or ‘elders’.


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Executive summary The consultation report, process and key findings

This report outlines the process and findings of consultation undertaken by Sevenseas Creative Australia Pty Ltd, with the Muthi Muthi Nation for the development of water resource plans (WRPs) in NSW, for accreditation by the Murray–Darling Basin Authority, under requirements of Chapter 10 of the Murray–Darling Basin Plan. It outlines the consultation process and methodology, making recommendations for future consultation with First Nations people. It presents findings on the objectives and outcomes of the Muthi Muthi people for the management of their water-dependent values and uses. The report was prepared by consultants, Sevenseas Creative Australia, on behalf of the NSW Department of Planning, Industry and Environment.

The consultation process adhered to the Murray–Darling Basin Plan Part 14 Guidelines for meeting Basin Plan Chapter 10 requirements. These recommended following a nation-based model for WRP consultation. Muthi Muthi Nation boundaries cross over two surface water and three groundwater WRPs. The process was underpinned by eight principles, developed by Sevenseas, for culturally appropriate consultation being respectful, consultative, flexible, fair, considered, clear, collaborative, and facilitative stakeholder engagement to ensure the voices of First Nations people are represented accurately in this report.

The consultants undertook the project in consultation with the Muthi Muthi people, with MLDRIN and NSW Department of Planning, Industry and Environment guidance, in four phases Phase 1 (Design and development) included development of consultation tools and participant identification. Three Senior Traditional Owners were interviewed in Phase 2 (Preparation). Themes and suggestions gathered in interviews were used to inform workshops in Phase 3: (Consultation). Workshops were held in Balranald with a total of 13 including some previously interviewed.

The key themes and findings covered:

Greater flow for environment, Cultural uses, access and cultural flows Custodianship, planning and First Nations representation Economic opportunity and collaboration Water quality, allocations and riparian management

The consultants revisited Balranald with a draft report in May 2019 and met with three Elders, and subsequently shared the final draft report with Muthi Muthi First Nations for review and feedback prior to concluding the report for endorsement and sign off by First Nations representatives.


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Contents 1. Terms of reference .................................................................................................................... 1

1.1. Murray–Darling Basin Plan Guidelines ............................................................................... 1

1.2. Roles .................................................................................................................................. 1

1.3. Scope of work ..................................................................................................................... 2

2. Methodology .............................................................................................................................. 3

2.1. Sevenseas Creative principles for culturally appropriate consultation................................ 3

2.2. Nation-Based approach ...................................................................................................... 3

2.3. Indigenous Data Sovereignty ............................................................................................. 3

2.4. Research methods ............................................................................................................. 4

3. The consultation process ........................................................................................................... 5

3.1. Phase 1: Design and development ..................................................................................... 5

3.1.1. Stakeholder list ............................................................................................................ 5

3.1.2. Data use Agreements .................................................................................................. 6

3.1.3. Question list ................................................................................................................. 6

3.2. Phase 2 – Preparation ........................................................................................................ 6

3.2.1. Face-to-face interview participant data ....................................................................... 6

3.2.2. Face-to-face interview participant identification process ............................................. 7

3.2.3. Face-to-face interview process ................................................................................... 8

3.2.4. Face-to-face interviews feedback ................................................................................ 8

3.3. Phase 3 – Consultation .................................................................................................... 10

3.3.1. Workshop participant data ......................................................................................... 10

3.3.2. Workshop logistics .................................................................................................... 11

3.3.3. Workshop process ..................................................................................................... 11

3.3.4. Data Use Agreement ................................................................................................. 12

3.4. Phase 4: Analysis and review ........................................................................................... 12

3.4.1. Analysis ..................................................................................................................... 12

3.4.2. Review ....................................................................................................................... 13

3.5. Overall participant data ..................................................................................................... 14

3.6. Recommendations for future consultation process .......................................................... 14

4. Findings: Themes .................................................................................................................... 16

4.1. Cultural uses, access and cultural flows ........................................................................... 17

4.2. Greater flow for environment ............................................................................................ 17

4.3. Custodianship, planning and First Nations representation ............................................... 18

4.4. Water quality, allocations and riparian management ........................................................ 18

4.5. Economic opportunity and collaboration ........................................................................... 19

5. Findings: Categories ................................................................................................................ 20


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5.1. Values and uses ............................................................................................................... 20

5.1.1. Responses – Values ................................................................................................. 24

5.1.2. Responses – Uses .................................................................................................... 25

5.2. Risks and impacts ............................................................................................................ 27

5.2.1. Responses – Impacts of water management practices ............................................. 30

5.2.2. Responses – Risks to values and uses ..................................................................... 31

6. Objectives and outcomes ........................................................................................................ 33

6.1. Summary of objectives ..................................................................................................... 33

Appendices Appendix A. Surface water map ................................................................................................. 41

Appendix B. Groundwater map .................................................................................................. 42

Appendix C. Data Use Agreement interviews ............................................................................ 43

Appendix D. Data Use Agreement workshops ........................................................................... 49

Appendix E. Interview questions and checklist .......................................................................... 51

Appendix F. Responses to interviews ........................................................................................ 52

Appendix G. Senior Traditional Owner submission .................................................................... 53

Figures Figure 1. Muthi Muthi - WRP Consultation Workshop Participants: Age Range from 16 – 70+. .... 11

Figure 2. Harmful Algae may be present – Muthi Muthi Nation - Balranald NSW 2019. ................. 13

Figure 3. Exploring Lake Yanga in Yanga National Park. ............................................................... 14

Figure 4. Riverbank in decline - Muthi Muthi Nation Balranald 2019. ............................................. 15

Figure 5. Murrumbidgee River at Balranald. ................................................................................... 19

Figure 6. River Water that people cannot drink in Balranald NSW 2019. ....................................... 26

Figure 7. Aunty Patsy and Aunty Tanya at Lake Yanga National Park Office 2019. ...................... 33

Tables Table 1. Participant Data: Senior Traditional Owner face-to-face interviews. ................................... 7

Table 2. Muthi Muthi participants: WRP consultation workshops. .................................................. 10

Table 3. Total participant data. ....................................................................................................... 14

Table 4. Values and uses: Sub-categories by theme. .................................................................... 20

Table 5. Risks and impacts: Sub-categories by theme. .................................................................. 27

Table 6. Objectives and outcomes. ................................................................................................. 36


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1. Terms of reference

1.1. Murray–Darling Basin Plan Guidelines The consultation process was informed by the Murray Darling Basin Authority (MDBA) guidelines for meeting the Murray Darling Basin Plan (Basin Plan) (Chapter 10) requirements in relation to Aboriginal peoples’ objectives and outcomes for water. As outlined in Basin Plan Section 10.52: Objectives and Outcomes based on Indigenous Values and Uses, Water Resource Plans (WRPs) need to ‘identify the objectives and outcomes desired by Aboriginal people that relate to the management and use of water resources’ …‘through appropriate consultation with relevant Aboriginal organisations’. (p. 4) The MDBA Part 14 guidelines suggest appropriate consultation processes to ensure that the concerns of Traditional Owners are taken into account and consider how the Akwe: Kon Guidelines might be applied in the context of water resource planning. The Part 14 Guidelines have shaped the Muthi Muthi Nation consultation process and are referred to throughout this document.

The MDBA, Northern Basin Aboriginal Nations (NBAN) and the Murray Lower Darling Rivers Indigenous Nations (MLDRIN) encourage a nation-based approach to consultation. As noted in the MDBA Part 14 Guidelines, ‘Aboriginal Nation boundaries mostly don’t correspond with State Boundaries.’ Appendices A and B show the area within which the Muthi Muthi Nation sits, indicating the boundaries of WRP surface water and groundwater areas respectively and listing Nations within each. Based on these maps, developed by NBAN and MLDRIN, findings from the Muthi Muthi consultation will be used in the following WRPs:

Surface Water WRPs: Murrumbidgee (SW9) and NSW Murray and Lower Darling (SW8) Groundwater WRPs: NSW Murray-Darling Basin Porous Rock (GW6), Murrumbidgee

Alluvium (GW9) and NSW Murray-Darling Basin Fractured Rock (GW11)

1.2. Roles Sevenseas Creative was engaged as a First Nations Stakeholder Consultant to provide consultation with Traditional Owners of the Muthi Muthi Nation. The consultants worked in collaboration with the NSW Department of Planning, Industry and Environment - Water Principal Aboriginal Cultural Liaison Officer, NSW Department of Planning, Industry and Environment - Water Aboriginal Staff and the Muthi Muthi Nation Organiser with the following role descriptions:

The First Nations Stakeholder Consultant shares a cultural bond with traditional owners. They conduct high value/high trust face-to-face talks with Traditional Owners and co-facilitate (with NSW Department of Planning, Industry and Environment - Water staff) subsequent workshops.

The NSW Department of Planning, Industry and Environment - Water Staff coordinate all staff and consultant activities and ensures that knowledge gained is properly considered in developed state-wide strategies and policies. They ensure the knowledge gained ultimately contributes to development of Water Resource Plans, Water Sharing Plans, Flood Plain Management Plans and Water Quality Management Plans. They coordinate workshop logistics including invitations, venue bookings, catering, developing the agenda, providing the maps and workshop notes.

Nation Organisers (Northern Basin Aboriginal Nations (NBAN) and Murray Lower Darling Rivers Indigenous Nations (MLDRIN) are engaged by NSW Department of Planning, Industry and Environment - Water to:

Assist NSW Department of Planning, Industry and Environment - Water staff identify key stakeholders, including Traditional Owners, for identified First Nations groups



Conduct culturally appropriate introductions between First Nations stakeholders, Sevenseas Creative and NSW Department of Planning, Industry and Environment - Water staff and attend interviews with key stakeholders

Assist First Nations stakeholders gain understanding of the purpose of engagement and consultation and provide assistance with explaining any agreements, including information use agreements

Attend community workshops.

1.3. Scope of work First Nations Stakeholder Consultants were given the following brief prior to the consultation process.

First Nations Stakeholder Consultants will:

work with NSW Department of Planning, Industry and Environment to identify and prioritise Nations they will be working with, based on the WRP delivery schedule.

work with NSW Department of Planning, Industry and Environment to build a list of key stakeholders for each Nation, identifying all Senior Traditional Owners and custodians to be consulted, providing appropriate references for how this was constructed.

work with NSW Department of Planning, Industry and Environment staff to prepare a checklist and questions, prior to the face-to-face meetings.

with NSW Department of Planning, Industry and Environment staff, visit and engage with all key stakeholders face-to-face. They will describe the engagement process we are seeking to undertake, supported by appropriate presentation and communications material prepared by NSW Department of Planning, Industry and Environment.

at the face-to-face meetings, seek Traditional Owner agreement to attend and contribute to a one-day workshop.

at the face-to-face meetings, identify the values Traditional Owners hold and how they wish to see them translated into water resource plan objectives.

brief the Nation Organiser and NSW Department of Planning, Industry and Environment management on the outcomes of the face-to-face meetings, and Traditional Owner expectations in advance of each workshop, so that workshop format can be tailored to suit each Nation.

play a key role in the one-day workshops in coordination with the Organiser to foster productive and open discussion of proposed values and objectives.

following each workshop, prepare a final consultation report identifying and prioritising key values, objectives and themes for the Nation.



2. Methodology

2.1. Sevenseas Creative principles for culturally appropriate consultation

Sevenseas Creative Australia Pty Ltd approach is in line with the principles of the MDBA Part 14 Guidelines and was delivered via respectful, consultative, flexible, fair, considered, clear, collaborative, and facilitative stakeholder engagement to ensure the voice and recommendations of the Muthi Muthi First Nations people is expressed in this report.

The Directors of Sevenseas Creative, Andrea Broadfoot and Jack Ritchie are independent solutions specialists who work, communicate and motivate multiple partners to address complex issues and create solutions in creative and collaborative ways

Sevenseas Creative Directors Andrea Broadfoot and Jack Ritchie maintain deep long-standing trusted relationships across the communities of Australia – predominantly NSW and SA and bring a demonstrated strong understanding of local Aboriginal Communities, environmental, regional and community issues and bring many years of strategic and collaborative facilitation, consultation, research methods and services, to the work they undertake in urban, regional and remote regions across Australia.

Andrea and Jack have strong connections to existing networks with Aboriginal leaders in Australia and have worked with a range of communities through various project initiatives. Sevenseas work with respect, trust and passion for ensuring the wellbeing and success of Aboriginal Australians through their work and the support of Aboriginal contributions to development of good policy and effective practice implementation.

2.2. Nation-Based approach The consultation methodology enables First Nations people to continue their traditional roles as custodians. A nation-based approach, encouraged by the MDBA, NBAN and MLDRIN, sustains the presence of individual Nations and allows them to contribute to Water Resource Plans within the context of their cultural boundaries. With this approach, First Nations can assist government to make better decisions in water planning.

This consultation is based on a Nation-based approach. It has been designed by NSW Department of Planning, Industry and Environment – Water, based on Dhirranggal Solutions’ ‘Principles for Culturally Appropriate Nation-based Consultation’, and recognises traditional owner groups and their connection to country.

Governance structures of First Nations are complex and in their infancy in engaging with government. The engagement approach taken was guided by MDBA, NBAN, MLDRIN and accepted cultural protocols. It relied heavily on the Muthi Muthi Nation Organisers Patsy Winch and Mary Pappin as the NBAN/ MLDRIN representatives. MDBA states that 'the term 'Traditional Owners’ is used to refer to those with recognised cultural authority to speak for Country' and guides States to identify appropriate Traditional Owners for consultation. The use of the Nation Organiser as a guide relied on widely accepted cultural protocol and lore which determines that only internal representatives have the cultural authority to speak on a Nation’s internal governance structures, guide consultative processes and identify Senior Traditional Owners.

2.3. Indigenous Data Sovereignty Part of a culturally appropriate consultation framework acknowledges the rights First Nations people over their own knowledge.

The contract signed between Sevenseas Creative and NSW Department of Planning, Industry and Environment - Water included the following definition of First Nations Cultural Knowledge:



‘’Accumulated knowledge which encompasses spiritual relationships, relationships with the natural environment and the sustainable use of natural resources, and relationships between people, which are reflected in language, narratives, social organisation, values, beliefs, and cultural laws and customs.”

Consultants are required to identify any First Nations Cultural Knowledge gathered during the consultation. This can only be used for specific purposes in the accreditation of WRPs. The consultants and Muthi Muthi participants read through data use agreements together to ensure that participants were aware of the purpose of the research and the use of their knowledge in the consultation report. All participants signed consent forms, which outlined the options for the recording and storage of their individual data. Sevenseas Creative have transferred recordings onto flash drives, and/or secure drop box transfer options and have supplied this to individual Muthi Muthi First Nations participants for their own records with their consent.

2.4. Research methods Sevenseas Creative’s research methods and consultation was guided throughout by best practice principles for qualitative research, aligning with the Principles for Culturally Appropriate Nation-Based Consultation and the MDBA Part 14 Guidelines. Ethical considerations included the de-identification of data and principles of free, prior and informed consent. These aligned with general considerations in the Akwé: Kon Guidelines:

prior, informed consent of the affected indigenous and local communities; ownership, protection and control of traditional knowledge; and the need for transparency.

Data use agreements and Participant consent forms defined the consultation process for participants demonstrating to First Nations participants that they and their knowledge are being treated with respect.

The research process was participant-directed, with Senior Traditional Owner face-to-face interviews shaping the research design. This two-pronged approach was recommended by the MDBA. Data was collected with a multimodal approach and questions encouraged open, narrative responses, in line with the principle of flexibility and MDBA guidelines to ‘use appropriate tools and mechanisms for recording and understanding Aboriginal objectives and outcomes.’ A generic thematic analysis of both interview and workshop data was used to ‘provide a fair-minded representation of information and knowledge gained through the consultation process,’ as guided by MDBA. A review process in direct consultation with Muthi Muthi First Nations representatives ensured accuracy of reporting.

Data was collected through face to face interviews in Mildura in December 2018 with two Elders and one historically connected community member, and then via a workshop attended by 13 participants held in Balranald in February 2019 facilitated by Sevenseas Creative and supported by personnel from the NSW Department of Planning, Industry and Environment - Water.

The session was also attended by a journalist Jack Latimore, from SBS who separately interviewed attendees for story research subsequently published. The link to the story “Once Were Waterways – cultural dispersal and environmental vandalism in the Murray Darling Basin” is here: https://www.sbs.com.au/nitv/feature/once-were-waterways-cultural-dispersal-environmental-vandalism-lower-murray-darling-basin

Sevenseas Consultants were invited to conduct further research with Muthi Muthi elders in a walk on Country at Yanga National Park the following day. This provided further opportunities for relationship building and sharing of information and stories on Country and was a chance for site specific research and sharing of cultural connection, insights and history.

As a component of the development of the final report, Sevenseas Creative consultants returned to Balranald to discuss the draft report with Muthi Muthi people in May 2019 and subsequently shared the final draft report with Muthi Muthi First Nations for review and feedback prior to concluding the report for endorsement and sign off by First Nation representatives.



3. The consultation process The Consultation Process followed four phases.

Phase 1: Design and development – Sevenseas Creative supported NSW Department of Planning, Industry and Environment - Water in the planning of the interviews and workshops, and developed the agenda, the consultation tools (question list and data agreements) and worked to support participant identification and build the stakeholder list.

Phase 2: Preparation – Sevenseas Creative conducted face-to-face interviews with Senior Traditional Owners to share information, build relationships and guide planning of later workshops. These interviews were recorded and noted, with notes used to develop the agenda for the workshop.

Phase 3: Consultation – Sevenseas Creative worked with Traditional Owners and NSW Department of Planning, Industry and Environment - Water to schedule and facilitate the Technical Workshops with the wider Muthi Muthi community which served to gather further input into the clauses of Part 14 on objectives and outcomes based on values and uses of water. Sevenseas Creative were privileged to be invited on visits on Country with Traditional owners to listen to stories, build understanding of cultural connections and directly experience the stories of Country shared.

Phase 4: Analysis and review – Subsequent to the workshop Sevenseas Creative conducted data analysis and draft report writing phases. Sevenseas Creative returned to Balranald to meet with Elders in May 2019 and discuss the draft report, review information for accuracy and additional contributions, and further refine the draft report prior to it being delivered for endorsement to workshop attendees. Only with permission from the Muthi Muthi First Nation representatives has the report been provided to NSW Department of Planning, Industry and Environment - Water.

3.1. Phase 1: Design and development Phase 1 included the development of a stakeholder list, a data use agreement and a question list for the face-to-face interviews.

3.1.1. Stakeholder list The stakeholder list was a key document required in the early stages of the consultation. It guided consultants and NSW Department of Planning, Industry and Environment - Water to engage participants for interviews and workshops according to traditional nation-based governance as a priority. Other regional stakeholders who don’t operate on a nation-based model were also included. The list clearly classified stakeholders into the following governance types, overcoming the previous reliance on a few key stakeholders at the expense of others:

Traditional Owners: groups or individuals under nation-based governance External Governance: those with non-traditional governance structures imposed from

outside the Muthi Muthi Nation Historically Connected: those from other nations who live on Muthi Muthi Country

The Nation Organiser, with her cultural authority and internal knowledge of Muthi Muthi Governance, was essential to the development of the stakeholder list in this nation-based approach. She provided Sevenseas Creative with a list of Senior Traditional Owners to ensure inclusive representation of Muthi Muthi family groups and communities, which do not always correspond to towns from a Western geographical perspective. These Senior Traditional Owners are not necessarily associated with established lead agencies in the Aboriginal sector but recognised as true cultural leaders by the Muthi Muthi Community from grassroots governance structures.

Stakeholder lists involved a desktop analysis of external and internal governance structures, including Local Aboriginal Land Councils (LALCs), Aboriginal Medical Services (AMS) and social



media groups. Native Title Services (NTS) should be contacted for a list of the current claimants according to the Apical Ancestor Structure of the Muthi Muthi.

The Stakeholder List was treated as a living document, with names being added throughout the consultation process. All individuals on the list consented, either through the Nation Organiser or Sevenseas Creative, to share their details. It will be kept with NSW Department of Planning, Industry and Environment - Water Aboriginal staff. As guided by MDBA, ‘better practice would expand and update available knowledge and understanding about the relevant stakeholder groups that are linked with the Basin water resources in an area.’ (6)

3.1.2. Data use Agreements Data Use Agreements allowed the Muthi Muthi people, as a nation and as individuals, to play a part in the management and control of their information given throughout the consultation. Two different agreements were created: for face-to-face interviews and workshops (Appendices C and D).

These defined and explained:

the purpose and scope of the consultation identity protection measures: data was deidentified and personal details stored securely data storage procedures, giving options for participant choice data use: First Nations Cultural Knowledge was limited to use for WRP development and

accreditation, water planning and internal education The reasons why we have Data Use Agreements;

o to safeguard First Nations Cultural Knowledge o data gathered will only be able to be used for the WRPs, with participants consulted

again for future water planning or approached to release the knowledge.

The MDBA guidelines acknowledge that ‘it is an ongoing challenge for Aboriginal organisations to engage multiple and repeated times with governments for a range of purposes.’ (9) As one participant from a Muthi Muthi Nation workshop noted,

‘‘We have been involved in consultations, planning and recommendations for the management of the Murray Darling Basin for over forty years, generally self-funded in our involvement and giving our time with our contributions not given the focus required and no significant changes evident in water management practice”.

3.1.3. Question list Sevenseas Creative developed a question list in consultation with NSW Department of Planning, Industry and Environment - Water (Appendix E). This was used for the face-to-face interviews as a tool to encourage conversation, shape the interviews and ensure comprehensive coverage of information. This was useful to have as a guide to the interviews which were conducted in a flexible, participant-controlled approach, often structured in a free-flow narrative style, which were recorded and noted by consultants with permission from Muthi Muthi participants.

3.2. Phase 2 – Preparation As the knowledge holders and heads of family groups within the contemporary cultural framework, Senior Traditional Owners were invited to participate in interviews to share information, build relationships and shape the consultation process by gathering feedback to guide the wider community workshops. EURAH AUSTRALIA conducted a series of face-to-face interviews with Senior Traditional Owners in June 2019.

3.2.1. Face-to-face interview participant data In total, three Traditional Owners were interviewed in Phase 1. As indicated in Table 2, there was an uneven gender spread. It is important to note that good representation for Culturally Appropriate



Consultation is measured not by numbers, but by inclusiveness of family groups and communities. In total, these Senior Traditional Owners represented five different family groups, representing a range of people and spoke for a broad range of communities and different areas of Mutthi Muthi Country. The Nation Organiser is included as a participant.

Consultants travelled up to 400 kilometres across the Muthi Muthi Nation and beyond to 6 different locations.

Table 1. Participant Data: Senior Traditional Owner face-to-face interviews.

Date M/F Governance Families represented*

Significant places on Country No. represented

December 12 2018

F Charles, Pappin, Winch, Reyland, Kelly

Muthi Muthi, Lachlan, Murrumbidgee, Lake Mungo, Lachlan River, Paika Creek, Paika Creek, Yanga Creek, Lake Benenee, Box Creek, Pitapunga Lakes, Wakool, Yanga Lake systems, Nimie Ciara, Wildara Lake, Cumbung Swamp, Oxley Great Swamps, Lake Merimley, Bidura Lake

Elders representing ancestors and family groups both in the region and further afield.

December 12 2018

F Charles, Pappin, Winch, Reyland, Kelly



December 12 2018

M Charles, Pappin, Winch, Reyland, Kelly



*Family groups represented do not necessarily correspond with surnames of participants.

**Significant places on Country do not necessarily relate to the interview location but indicate what parts of Muthi Muthi Country these Traditional Owners speak for.

3.2.2. Face-to-face interview participant identification process Senior Traditional Owners from the following groups were invited to be participants, always with guidance from the Nation Organiser:

Grassroots Senior Traditional Owners on the Stakeholder List, as provided by the Nation Organiser

Further suggestions from interview participants, while on the ground Native Title Applicants on the Stakeholder List, as provided by Native Title Services



Partners and family connections with knowledge of Water Resource Planning who live in the region

Recommendations for future consultations include:

Close liaison with consultants to ensure workshops are promoted to interview participants and posters can be sent to communities with good lead time.

Communication with First Nations leaders to determine best locations for workshops to ensure space is appropriate and fit for purpose.

3.2.3. Face-to-face interview process To ensure the process is as culturally appropriate as possible, Senior Traditional Owners were encouraged to make choices about how they would like the interview conducted, including:

Choice of venues, including own homes, motels, cafes and community venues Food brought to their home or in a cafe Options for sharing feedback: question and answer; ‘on Country walks; photo

documentaries Recording options: voice recording, note-taking or both ‘On Country’ trips

Interviewees were given an information package that included the data use agreement, a consent form, the list of questions and a NSW Department of Planning, Industry and Environment - Water WRP information booklet/workshop notes.

3.2.4. Face-to-face interviews feedback The feedback from the Senior TOs in these interviews will provide a good basis for the workshops and for the overall structure of the findings in this report. From these interviews, the following themes, were drawn out to guide the workshop discussions.

Cultural connection and cultural uses

The importance of cultural connection with all culture relating to the river Connection to Country is crucial for continuity of culture and to ensure community health

and wellbeing Caring for Country Access to sacred places Sites along the river are places to pass on cultural knowledge Young people connected through cultural sites and practices, special places Need to improve access for cultural usage and practices - improving access – policy

required

Water management and Environmental flows

Evidence based water management planning Clean water – Environmental flows More natural flows and connectivity throughout the system Increased environmental flow allocation Require better management of flows – and collection of data including measuring inflows

and outflows of water including allocations May need a moratorium on water usage No more licences allocated to increase flows and get balance No massive on farm storage Dams Limit on almond farms and cotton Need whole of basin research re flows and usage Need better management of flows Clean water through to the next nation



Clean water for future nations Concerns about over allocation Increased environmental flows allocated to the river and the environment Increased water flow throughout the river system and environmental flows that replenish

wetlands, lakes, billabongs and sacred sites Muthi Muthi people have seats at the table for decisions on how water is managed and

shared in our Country Muthi Muthi people have the capacity to be part of a fully informed about water

management and planning Better sharing of water between uses and Aboriginal people

Health and Wellbeing of people and communities

The health and wellbeing of individuals, families and communities directly correlate with the health of the river,

Health and wellbeing are closely related and impacted by ability to easily access places of cultural significance and ceremony, for stories and culture to be shared.

Social gatherings have a positive impact on individuals, families and communities. Ability to hunt and gather flora and fauna connected with the river provides food and water

security and health and wellbeing outcomes for First Nations people.

Shared Economic Benefit

Develop a road map to Aboriginal Economic Development – using purchased water/allocations – water, ecotourism, aquafarm (based on Victorian model or similar that fits NSW TO’s)

Develop a Cultural Flow allocation Develop a cultural water strategy Legal protection of sites

Interview responses

The responses from the Senior TO’s in these interviews provided a basis for the workshops and for the overall structure of the findings in this report. Information from these interviews was organised into themes:

Greater flow for environment, Cultural uses, access and Cultural Flows Custodianship, planning and first nations representation Economic opportunity and collaboration Water quality, allocations and riparian (riverbank) management

Feedback was gathered in the following categories: values, uses, impacts, risks, objectives and outcomes. These align with the requirements of Basin Plan, Chapter 10, Part 14, except for ‘Impacts’, added to incorporate the large amount of feedback about changes in the environment, culture and people as a result of water planning processes. ‘Risks’ was then defined as the practices and issues risking healthy engagement with Muthi Muthi water-dependent values and uses. See Appendix G for responses to categories.

The interviewees were also asked for guidance on structuring workshops. They gave feedback about appropriate towns across the Muthi Muthi Nation, culturally appropriate venues within towns, cultural protocols to be followed and culturally appropriate communication techniques. Senior Traditional Owners made a range of suggestions for workshop communications and logistics.



These suggestions and feedback based on categories were presented to NSW Department of Planning, Industry and Environment to inform the workshop planning process.

3.3. Phase 3 – Consultation Sevenseas Creative are committed to culturally competent and appropriate principals to ensure that the perspectives of First Nations people are listened to, heard and recorded to be presented in accurate, accessible, respectful ways in the reporting process.

The purpose of the consultation is the opportunity to hear from the Muthi Muthi Nation on the Water Resource Plan on how best to protect First Nations Water Dependent Cultural Values and Objectives. It is to make sure that the voice of the Muthi Muthi people as traditional custodians of Country is heard in the process and that the recommendations put forward reflect the goals for Water Resource Planning in Muthi Muthi Nation.

The notes will be written up and come back to Muthi Muthi First Nations people for confirmation and permission to share with the Department once workshop attendees and representatives are happy with the way it is expressed.

Muthi Muthi Nation’s input is important to us and the Water Resource Plans, as the consultation allows the opportunity to: -

Share First Nations values and objectives of water to be included in Water Resource Plans Ensure Muthi Muthi Nation’s values and objectives are protected Have your say in how water is shared and managed across Muthi Muthi Nation Ensure First Nations are part of water planning and Water Resource Plans Inform how government engages with Muthi Muthi First Nations People

3.3.1. Workshop participant data One workshop was conducted in February in Balranald in Muthi Muthi Nation. A total of 13 participants, including 11 Muthi Muthi Traditional Owners, attended workshops. As indicated in Table 3, three of these participants were Senior Traditional Owners who participated in face-to-face interviews.

Table 2. Muthi Muthi participants: WRP consultation workshops.

Date Town Venue No. participants*

M F Families represented**

12/2/19 Balranald Local Land Services Office - NSW

13 7 6 Charles, Pappin, Winch, Reyland, Kelly, Kennedy, Kirby

* At the recommendation of the Nation Organiser, only Traditional Owners have been represented.

**Family groups represented do not necessarily correspond with surnames of participants. Some participants represent more than one family group. Some did not respond.



Figure 1. Muthi Muthi - WRP Consultation Workshop Participants: Age Range from 16 – 70+.

3.3.2. Workshop logistics The workshop was held at the Local Land Services Office in Balranald with arrangements for the space, catering and invitations coordinated by the Department.

The Muthi Muthi workshops were staged in an informal setting and included presentations from NSW Department of Planning, Industry and Environment - Water, providing background on the Water resource Planning process and a facilitated discussion centred around the defined set of questions, using a flexible and adaptive approach. Data release forms were discussed and signed. Questions worked through values, uses, impacts, risks, objectives and outcomes plus key recommendations were discussed and documented.

3.3.3. Workshop process Workshops lasted between four to five hours according to the following structure:

1. Welcome to Country 2. Introductions 3. Explain purpose of the meeting and clarification of each person’s roles and responsibilities 4. WRP and Water Planning information session (NSW Department of Planning, Industry and

Environment - Water) 5. Data Use Agreement and Consent - form outline and completion (Sevenseas Creative) 6. Feedback Session - Recap and agree on outcomes from previous meeting(s) and

interviews 7. Address and workshop each provision in Chapter 10 Part 14 as agreed under g. in the

previous meeting (and confirmed under d. in this meeting) 8. Questions to think about for water resource management across Muthi Muthi Nation

What is the value of water and how do you use water in Muthi Muthi Nation? What challenges these values and uses of water in Muthi Muthi Nation? How do you think water in the river and groundwater could be better managed in Muthi

Muthi Nation?



What would you like to see happen for water management of Muthi Muthi Nation in 5 years’ time? In ten years’ time?

9. Objectives and outcomes based on Aboriginal values and uses Objective – wishes or goals and ways these might be achieved Aspirations or goals

desired – the result that the objective would work towards (objective is the result – what would we see happen if these values and uses are actioned?)

Risks – factors having an impact on values and uses Uses – relate to the different ways’ values contribute to the life of Traditional Owners Impacts – the effect changes to the values and uses are having on Traditional Owners

health, wellbeing, culture, community connection and their environment Outcomes – result of achieving objectives or what might happen when a wish is

achieved. How could we create stronger protections of Aboriginal uses and values?

10. Examples from interviews Greater flow for environment, Cultural Uses, access and cultural Flows Custodianship, planning and first nations representation Economic opportunity and collaboration Water quality, allocations and riparian (riverbank) management

Some examples of main risks to water-dependent values and uses:

Large scale industrial practices, particularly in cotton and mining Inequitable water management practices The control of flow through management practices and infrastructure Property ownership and fencing Lack of cultural awareness Poor consultation practices Environmental degradation Communication of information Feral Species management

11. Record discussion and outcomes as agreed under g. in the previous meeting (and

confirmed under d. in this meeting) Sevenseas facilitate discussion and record outcomes – all in workshop discussion

Agree on how to provide feedback and communicate after this meeting.

3.3.4. Data Use Agreement Sevenseas’ findings on participant’s response to the Data Use Agreements were positive with respondents observing they had voluntarily been part of consultation on the Murray Darling Basin Plans for decades and have never before had their data treated appropriately and with respect through a defined data use agreement. It was useful to read this to participants to clarify the content and respond to any questions about how the agreement was interpreted

3.4. Phase 4: Analysis and review 3.4.1. Analysis Sevenseas Creative consultants undertook analysis based on responses from TO’s and through the utilisation of the NSW Department of Planning, Industry and Environment template subcategories: values, uses, risks, impacts, objectives and outcomes. Analysis also included site visits. The First Nations representative provided the Sevenseas Creative consultants with a guided



tour of areas around the town of Balranald, Yanga National Park, Lake Yanga and significant sites in the area. Consultants were privileged to hear stories of what was and what is now. The consultation process provided a clearer understanding of the landscape, what it would have looked like when flows were uninterrupted before the impacts of colonisation, agriculture, fencing and the dislocation of Aboriginal communities from their land.

3.4.2. Review The initial notes and findings collated were used to guide the workshop and the agenda for that session with TO’s. Information was checked and reviewed. Sevenseas referred all notes and the draft report back to the Traditional Owners, prior to finalising the draft for forwarding to the NSW Department of Planning, Industry and Environment - Water.

Following the review, Sevenseas Creative have compiled the respondent’s answers and comments into the themes that had the strongest response developing the key themes and recommendations. All data collected was organised around key themes and included in the report below.

Figure 2. Harmful Algae may be present – Muthi Muthi Nation - Balranald NSW 2019.



Figure 3. Exploring Lake Yanga in Yanga National Park.

3.5. Overall participant data Table 3 shows data collated from both interviews and workshops. As participant data categories varied between these two groups, not all interview and workshop data are represented here.

Table 3. Total participant data.

Total participant data

Total No. of Muthi Muthi participants 13

Total male 7

Total female 6

Total No. family groups represented 7+

3.6. Recommendations for future consultation process The following recommendations are made for future Culturally Appropriate Nation-Based Consultation rounds in the WRP development process.

Recommendations from Traditional Owners include the allowance of more lead time for the department and consultants to develop greater connection with Traditional Owners, representatives and community members in the consultation process. Observation was made about the work done in other States in the Water Resource Planning process with First Nations



people, and the connection and trust built between the Department representatives and the community representatives. Changeover of Department personnel have presented a challenge to the continuity of the consultation process and a recommendation was made to continue to work on the direct relationship building between the Government and First Nations people.

Feedback from participants requested that it is noted that he NSW Government has previously never engaged the Muthi Muthi people in Water Planning and one or two workshops for a few hours is not considered effective consultation by the community.

Figure 4. Riverbank in decline - Muthi Muthi Nation Balranald 2019.



4. Findings: Themes1 Greater flow for environment, Cultural Uses, access and Cultural Flows Custodianship, planning and first nations representation Economic opportunity and collaboration Water quality, allocations and riparian management

The Muthi Muthi First Nations Community are current custodians of the Five Rivers Junction in a strong enduring culture that is alive and crucial to community today. The Five Rivers Junction feeds the Murray, Murrumbidgee, Lachlan, Wakool and Edwards River systems, Yanga Lake, Waldara Lake, Yanga Creek and Pakea Creek. Box Creek which has had no water in it for a year at the time of writing is part of Wilandra Creeks – originating from Parangul. Water runs from Hay and only during times of full flow feeds natural flood plains at Nimie Caira before the Murrumbidgee runs through Balranald. Throughout the flood plains, which are dry, there are manmade channels that are full of water, some wider than the river channels that come all the way from Hay.

Water is both surface water and groundwater and the Muthi Muthi objectives and outcomes relate to both.

“Everything is defined by the waterways. The River is the veins of the Country. The beauty of our native plants and animals is that they don’t need a lot of water and are part of the natural balance. The country has been destroyed through upsetting the natural balance and attempts to control nature without taking into account the history of the landscape.” Muthi Muthi Elder.

The Muthi Muthi First Nations people hunt, gather and live in full connection with Country. The community are coupled to the rivers and waterways through sacred connections of heritage and birth.

“Mum’s Great grandmother born at Box Creek; Mum’s Mum was born at Paika Creek, Mum was born on the Riverbank at Balranald, all our mothers were born around the waterways.” Muthi Muthi Elder

The Muthi Muthi First Nations people express their deep enduring and current connection to water and place, by birthright and the importance of their role in continuation of culture that cares for Country. They shared how their role is intrinsically woven into their health, wellbeing and purpose on the planet. A role made challenging when the land was claimed on colonisation. Under colonial control traditional custodians and families were relocated from their homes to missions, families were separated, and culture was undermined through Government policy that involved traditional uses including hunting, gathering and ceremony being outlawed. This culminates in the perspective of the Muthi Muthi First Nations people on the current situation with an overallocated river system in crisis. The system that has been implemented to help to manage the Murray Darling Basin has not involved Muthi Muthi people and other traditional owners where there are huge opportunities to learn from past practices and knowledge.

“My Mother could dive to the bottom of the river with her eyes open in the rocky places and get fish, by the time I was ten, the water was too murky. I want the water clear. It has deteriorated to the point our young people cannot swim in it, they get sick.” Muthi Muthi Elder.

“A river is defined as large body of free-flowing water. This is no longer a river. It is a feeding frenzy for the rest of the world. What can we do now to guarantee the Murray Darling Basin’s sustainability for the future?” Muthi Muthi Elder

The Muthi Muthi people hold the story of the fish’s birthplace and work has been done to document the story lines at Bunyip Lane. Connection to place and the stories of the origin of the river and its species are sacred knowledge for the Muthi Muthi First Nations People.

1 Information contained in this section is First Nations Cultural Knowledge provided for the development and accreditation of Water Resource Plans.



How the Murray River and fish were made.

Long ago a clever man made the huge Murray Cod (Pandjil). Pandjil was also very clever, and he made the rivers.

The Murray river (Jurraree Dindi), Wakool river (Wakool Dindi) and the Murrumbidgee river (Kane Dindi). Pandjil made the Murray river first starting at the top end.

Later the clever man caught Pandjil in Mutthi Mutthi country and cut him up into small pieces ; throwing those pieces back into the river, naming them and singing out as he threw each piece, Yellow Belly (Lingul) ,Boney Brim (Kakwil) , Pandum (small Cod), Tjpil (Crayfish) etc. That is how all the other fish were made. (Source Jason Kelly http://lv2vl.global2.vic.edu.au/dreamtimet2/)

Discussion Focus Topics

Key themes emerged from the interviews and workshop that generated data which are categorised and documented in the report, including recommendations for the Department to consider and implement in water resource planning. First and foremost, in each element of the consultation the health of the river and the quality of the water passed along to other communities was paramount for Muthi Muthi stakeholders. The attachment to and responsibility for current water quality and that for future generations was a priority expressed throughout the consultation phase.

4.1. Cultural uses, access and cultural flows Cultural connection, uses, access and rights, care for Country, management practice, planning, allocation and licenses, science and evidence-based management systems and economic recompense and equity were all identified as areas Muthi Muthi people have both experience and strong recommendations to contribute.

Access to place allows for caring for Country strategy, cultural stories and wisdom to be shared directly with fellow community members and young people. The restrictions placed on access through land holders, fences and the free reign of hooved animals on the banks is impacting biodiversity, water quality and increases environmental degradation.

“So many changes on the land, pipes, almond growing, vines – how did it happen when we are supposed to take part in the plan? Work under the bridge – big midden site – we wanted to see it – sacred place that old people sat on – local government said it is nothing to do with you.” Mutthi Mutthi Elder

It was identified that the limited cultural competency of Australians generally, further compounded by the lack to date of meaningful inclusion of Aboriginal people in water resource planning, means the impacts of colonisation and the resulting lack of land and river rights and access have direct consequences on the health, wellbeing, cultural continuity and economic prosperity of First Nations people. Participants said that the Murray Darling Basin Plan does not adequately articulate the needs of the Muthi Muthi people, and that First Nations connected with the various river systems have their own cultural flow needs.

“Our cultural places are invisible to white fellas – they don’t share the vision we have and neither do other tribes. Water is our lifeline.” Muthi Muthi Elder

4.2. Greater flow for environment Muthi Muthi First Nations people have a strong established connection to water, place and all the living creatures within the landscape. They expressed concern that water quality and environmental flows are not satisfying the needs of the environment and the biodiversity that relies on water at appropriates times in the seasons. A strong feature of the consultation conversation was expressed concern that mapping of the landscape and environment that incorporates an understanding of natural flow, species and habitat reliance on water, and flood plain management has not been developed and used in the planning and water management process.



“Our family members, local people have been trained in GPS mapping. We could work with landowners to identify species and habitat in certain areas. Projects could be established and generate employment for local people in mapping locations, habitat areas and biodiversity so we work together to improve environmental flow management.” Muthi Muthi Elder

Access to riverbanks for cultural connection, visits to sacred sites, sharing of culture with young people, ceremony and family enjoyment has been restricted with fences all the way into the river, hooved animals taking priority and experiences of being shot at by landowners for trespassing a feature of the consultation.

“All culture relates to the river, go and meet, families gather, property owners have cut off access, now only two places to fish in Balranald.” Muthi Muthi Elder

Being on site in place is critical to sharing of cultural knowledge. Restriction of access directly impacts the ability for cultural knowledge and stories to be shared with community members and younger generations.

“Water flows through all countries and it is only certain places where Muthi Muthi are responsible for that. If it doesn’t flow into the sacred place of customs, corrobboree – taboo places also – we can only place the stories of certain places into the mob. Where’s the special place that I can go? I can’t show you – I can’t get into that place.” Muthi Muthi Elder

The Muthi Muthi people are concerned that there is overallocation and mismanagement of water and major concerns over water quality and lack of environmental flows across the catchment.

Muthi Muthi First Nations people are calling for an evidence-based approach to water management including measuring of inflows and offtakes, Water quality irrigation, aerial mapping of water courses, and an audit of irrigation channels, pipes and pumps. There are strong recommendations for studying and documenting the biodiversity that relies on the river, to show the species that are on site requiring water, and dedicating environmental flows to support and sustain flora, fauna and biodiversity; and cultural identity and practice.

“Cultural flows are being kept on land – in dams. We can’t collect duck eggs, grasses, and cannot access the river via the land. Water flows through all countries. I’d like to see clean quality water go through to the next Nation” - Muthi Muthi Elder.

4.3. Custodianship, planning and First Nations representation

It was identified that local people have been trained in GPS mapping and that projects established could generate employment for local people in mapping location, habitat areas and biodiversity. It was recommended that this process work in partnership with landowners through structured engagement for identifying key strategic locations where habitat, species, and biodiversity can be identified and protected.

It is recommended that a crop review is implemented that determines water use to inform better management and allocation of the water resource, with Muthi Muthi people noting that water is allocated to species not native, or to species that are high-water users with produce exported overseas.

4.4. Water quality, allocations and riparian management Muthi Muthi people want more say in water management and recommend that government have access to any property where water flows, to audit the flows and usage, to ensure that water is used on that site as intended. It is identified that water has been over-allocated for over three decades.

The Muthi Muthi First Nations representatives shared their knowledge and experience of Caring for Country and identified climate change impacts through drought, evaporation and extreme weather



events, as a risk that should be mitigated by filling in all channels to be replaced with pipes, reducing evaporation and increasing the ability for accurate measuring of allocations through tamperproof monitored pumping systems.

“We recommend that the Government initiate a subsidised supply scheme for landowners to install troughs, with all fences pulled back from the river banks, and water pumped in pipes to troughs for stock to drink, protecting the banks from erosion and damage from hooved animals to improve the quality of the water.” - Muthi Muthi Elder.

4.5. Economic opportunity and collaboration Questions were raised about the legislation about landowner access to riverbanks, and how this can be changed to protect the river, improve water quality and reinstate access for First Nations People to their waterways.

It was also asked what legal definitions are in place, and what legislation needs to be enacted to declare sacred sites, understand and apply the process of legal protection for sacred areas, and ensure access to ceremonial or cultural sites such as significant breeding, hunting and gathering grounds, fish traps and waterways.

Figure 5. Murrumbidgee River at Balranald.



5. Findings: Categories2

5.1. Values and uses Table 4. Values and uses: Sub-categories by theme.

Themes Sub-categories Detail

Greater flow for environment

Care for Country “Water is our lifeline. We want to practice how they used to manage the river. My Dad never had this problem. He used to clean up the debris to allow natural flows – now one side is deeper than the other.”

Allocation and sharing

Muthi Muthi want to see clean quality water go through to the next Nation

Connectivity Enabling water through the system to peak flows to connect with flood plains/lakes, overflows into the groundwater – hidden resource

Mapping of environmental needs

Need for a clear understanding of the water needs for habitat, species and biodiversity – opportunity to work with landowners to map the landscape, flora, fauna and structure environmental needs.

Breeding grounds Healthy flows ensure vigorous breeding grounds for all species.

Wetlands Environmental flows replenish and sustain wetlands as a filtering system, breeding ground and food production areas to improve and maintain water quality.

Frogs Environmental flows sustain frogs, and their breeding cycles in the river system.

Birds Habitat for birdlife, ducks, geese, egg collecting.

Turtles Sufficient environmental flows ensure healthy water quality for turtles to survive, thrive and breed.

Turtle will leave the water three months before the bad water comes down the river

Cultural uses, access and cultural flows

Access to traditional sites

Access to traditional sites along the waterways are used for cultural practice, passing on knowledge and storytelling to sustain culture and maintain strong cultural identities, ensuring healthy individuals and community.

If it doesn’t flow into the sacred place of customs, corrobboree – taboo places also – can only place the stories of certain places into the mob. Where’s the special place that I can go. I can’t show you – I can’t get into that place. “

“Mum would take me to the middle of the river to swim. We grew up on the riverbank, would sleep on the banks and learnt to swim on the river”

2 Information contained in this section is First Nations Cultural Knowledge provided for the development and accreditation of Water Resource Plans.




Education of young people

Muthi Muthi people share the river with young people, fishing, gathering food, telling stories and passing on cultural knowledge.

All culture relates to the river, go and meet, families gather, property owners have cut off access, now only two places to fish in Balranald

Where’s the special place that I can go. I can’t show you – I can’t get into that place. “

“The River is our main source of survival - it is our cultural right to be here, and it is right of our young people to receive education on the river”.

“Not just private property but also travelling stock routes have been fenced off so we can’t access the river.”

Health and Wellbeing

Connection to Country is crucial for continuity of culture and to ensure community health and wellbeing.

The continue algae blooms and fish kills in the Rivers it has a direct impact to the health and wellbeing of our people.

Fishing and yabbying

Hunting and gathering is crucial to the Muthi Muthi way of life. Harmony with the land is key to healthy nutrition, lifestyle, cultural practice and traditional customs, as well as connection with community.

“We don’t get the yabbies like we used to, is this because of the large amounts of Cotton growing up stream of Balranald?”

Basket making The importance of cultural connection with all culture relating to the river

requires access to sacred places

Need to improve and ensure access for cultural usage and practices, we need water on our flood plain and into our wetlands

Bush Tucker Grasses, ducks, duck eggs, cultural practices

The importance of cultural connection with all culture relating to the river

Require access to sacred places

Bush Medicine and edible plants

The use of bush medicine for healing, health and wellbeing is vital to the Muthi Muthi culture and way of life.

Story lines Story lines evidence cultural connection and health and wellbeing. The Muthi Muthi people have done significant work to document story lines. An example is Bunyip lane

Sacred Sites and ceremony

Sacred sites include nurseries for fish. Sacred places are where ceremonies happen, or stories are shared are vital for continuity of culture.




Custodianship, planning and First Nations representation

Cultural Water strategy

Connection to the water is inherent in Muthi Muthi people’s life, community and culture.

“NSW doesn’t have an Aboriginal water strategy supported by policy – Aboriginal people should be part of that with Traditional Owners having decision making roles in the process”

NSW needs to develop Aboriginal Water Policy- look at what Victoria are doing, NSW are behind”

The Government needs to be consistent with all the First Nations people in the Murray Darling Basin

Connection to rivers

Water is life. Muthi Muthi people value water for its connection to their culture and identity across millennia including food, environment, storytelling, health wellbeing and spiritual connections.

“Everything is defined by the waterways. The River is the veins of the Country. The beauty of our native plants and animals is that they don’t need a lot of water and are part of the natural balance. The country has been destroyed through upsetting the natural balance and attempts to control nature without taking into account the history of the landscape.”

“Mum’s Great grandmother born at Box Creek; Mum’s Mum was born at Paika Creek, Mum was born on the Riverbank at Balranald, all our mothers were born around the waterways.”

Caring for country Unique custodianship customs and practice are conducted by the Muthi Muthi people with the waterways crucial to every aspect of life.

“Our cultural places are invisible to white fellas – they don’t share the vision we have and neither do other tribes.”

Long term planning

Deep connection and care for Country have been normal practice for Muthi Muthi people for thousands of years across generations. An approach government could learn from.

Consultation and participation

Muthi Muthi people value being properly and respectfully consulted, engaged and listened to, with objectives being actioned.

“The definition of a river is a large free flowing body of water. We have been involved in consultations, planning and recommendations for the management of the Murray Darling Basin for over forty years, generally self-funded in our involvement and giving our time with our contributions not given the focus required and no significant changes evident in water management practice”.

Cultural education There are special sites along the river that are places to pass on cultural knowledge


A deep connection to the waterways demonstrates that all the river sites are important to cultural identity, directly linked to health and wellbeing of the Muthi Muthi people.

The state of the river impacts the health of the Muthi Muthi people and an unhealthy river affects the health of individuals and community resulting in sadness, mental health issues, disconnection, cultural loss, grief and loss of identity




Information sharing

Muthi Muthi people value information sharing.

“There could be an Aboriginal portal on the website for people to get information”

Economic opportunity and collaboration

Cultural flow allocation

Muthi Muthi people value cultural flows and allocations of water that can be used for cultural and economic purposes.

“Cultural allocation of 10,000ml per person but can’t use it for economic purpose and can’t get access to pumps” and we don’t have access to land.

We don’t have access to most of the Environmental watering sites either, they are mainly on private property of locked up in a NP

Cultural tourism Muthi Muthi people expressed they would value the opportunity for interconnected planning with other First Nations representatives across Nations in the MDB.

Economic Benefit Muthi Muthi people value economic opportunity and would like to see examples like the Victorian model - a road map to Aboriginal economic Development using purchased water/allocations, water, for ecotourism, aquafarm and other economic and cultural projects.

Cultural officers Muthi Muthi people value cultural officers and understand resources are not enough, they would like the see the opportunity to increase these positions actioned.

Indigenous Rangers Program

Muthi Muthi people value the Indigenous Rangers Program and would like to see age connected allocations of funding for projects so young people can work with elders on Country.

Water resource management and water and riparian research, mapping, planning, and water quality roles for Muthi Muthi people

Direct employment opportunities for Muthi Muthi people in the management of water resources and in research projects that are looking at the river and waterway system and the environment

More Training Opportunities

Muthi Muthi people would like to see increased opportunities for training that enable First Nations people to take on active roles within the system

Water quality allocations, water and riparian management

Adequate flows Muthi Muthi people value adequate flows for water quality, and river management

Habitat and Biodiversity

Diverse and unique habitats for flora and fauna are vital connected elements for food, health, culture and wellbeing.

Allocations - Monitoring and measurement

Muthi Muthi people value integrity and accuracy in monitoring and management and appreciate the requirement for a comprehensive review of current allocations, monitoring and management legislation and practice.

Protecting the riverbanks

Preserve the biodiversity on the banks – fence off the land, pump water into troughs and keep hooved animals off the banks




Water Quality and Clarity

Muthi Muthi people value clear and healthy water and would value access to riverbanks and waterways, with stock access eliminated.

Water literacy Knowledge and experience in water management is valued and understanding of how best to contribute to the process and build water literacy is a key value.

Research support Muthi Muthi people value accurate information and research findings and would appreciate the opportunity to contribute in this regard.

Consultation Muthi Muthi people have a long history of engaging with government, governance, and legislative frameworks and systems and value outcomes generated in the process if they contribute to the health, quality and flows of the waterways for the benefit of community and the environment.

Stop trading water licences across different water systems

Muthi Muthi people are concerned that currently water/licences can be traded from one water system to another. An example would be trading a water allocation from the Murray to the Darling when in reality this trade cannot be relocated physically to the alternate river system.

Water sustainability and a more sensible approach to water trading needs to be implemented.

5.1.1. Responses – Values Water is life – Muthi Muthi people value water for its connection to their culture and identity across millennia including food, environment, storytelling, health wellbeing and spiritual connections.

Muthi Muthi people are deeply connected across every aspect of life and they value the waterways, the landscape and their environment.


“Mum’s Great grandmother born at Box Creek; Mum’s Mum was born at paika Creek, Mum was born on the Riverbank at Balranald, all our mothers were born around the waterways.”

Muthi Muthi people value Caring for Country as inherent to life.

“Water is our lifeline. We want to practice how they used to manage the river. My Dad never had this problem. He used to clean up the debris to allow natural flows – now one side is deeper than the other.”

Muthi Muthi people value storytelling or origins of species, and as story custodians.

“Fish were born here, we have got the story because it is in our part of the river is where the fish were born.”

Muthi Muthi people value food gathering, preparation, hunting and gathering as intrinsic to their life and cultural practice.



“My mother would dive into the rocky places to get fish by hand, by the time I was ten, the water was too murky. I want the water clear. It has deteriorated.”

“All culture relates to the river, go and meet, families gather, property owners have cut off access, now only two places to fish in Balranald.”

“Yabbies leave the water and climb the trees when the water quality is bad. I have watched the white fellas come along and pick up all the yabbies, taking them home to eat, when all they are doing is escaping the water because to stay in it is to die”.

Muthi Muthi people value cultural identity and access to special and sacred sites on the river sites as places to pass on cultural knowledge. Young people are connected through that access to cultural sites and practices, to their birthright of cultural identity, health and wellbeing.

If it doesn’t flow into the sacred place of customs, corrobboree – taboo places also – can only place the stories of certain places into the mob. Where’s the special place that I can go. I can’t show you – I can’t get into that place.“

“We like to share the river with young people, fishing, gathering, telling stories”

“Mum would take me to the middle of the river to swim. We grew up on the riverbank, would sleep on the banks and learnt to swim on the river”

Muthi Muthi people value a healthy river, healthy people, healthy communities

The state of the river impacts the health of the Muthi Muthi people, and an unhealthy river affects the health of individuals and community resulting in sadness, mental health issues, disconnection, cultural loss, grief and loss of identity

“The health of the river is the health of community”

“We understand that there is a strong link between the health of the river and our own health, including depression, sugar (diabetes) and mental health.”

“A river is defined as large body of free-flowing water. This is no longer a river. It is a feeding frenzy for the rest of the world. What can we do now to guarantee the Murray Darling Basin’s sustainability for the future?”

5.1.2. Responses – Uses Family, environs and community – Muthi Muthi people have always been connected to the rivers and waterways

Food and economics and life – Fishing, yabbying, mussels, trading, bush tucker, drinking, bathing,

“All culture relates to the river, go and meet, families gather, property owners have cut off access, now only two places to fish in Balranald

“Fish, crabs and mussels have always been part of cultural practice. We always found bait on the riverbank, including mussels and frogs. We can’t find them now.”

Cultural practice and craft – Muthi Muthi Basket making, spear making,

“Cultural flows are being kept on land – in dams. We can’t collect duck eggs, grasses, and cannot access the river via the land. Water flows through all countries. I’d like to see clean quality water go through to the next Nation”



Cultural ceremony, education and induction- Muthi Muthi people identify a number of sacred sites along the rivers and waterways that were used to pass on knowledge and cultural to each other and to young people. Muthi Muthi have a deep connection to the rivers.

“We like to share the river with young people, fishing, gathering, telling stories”

Figure 6. River Water that people cannot drink in Balranald NSW 2019.



5.2. Risks and impacts Table 5. Risks and impacts: Sub-categories by theme.



Additional flows not identified, actioned or supported

Environmental flows are traded or diverted by government prioritisation of landowner needs, foreign investment and corporate demands further impacting the failure of the system and forcing its collapse

“The scale of the irrigation operations means our water resources are in emergency state.”

Policy does not support any prioritisation of the environment.

Environmental Flows overbank and in channels

Currently environmental flows are in channel and not overbank which does not support the ecological and cultural values of the black box country which needs flooding to survive and regenerate

Species under threat

Feral Species management is not maintained – feral carp threaten native species. Reduced numbers of breeding grounds for frog, birds, turtles and fish. Biodiversity is threatened.

Over allocation continues

Environmental flows at risk by over allocation of water resource, and no scientific methodology for measuring, monitoring and ensuring sustainable allocations of the water resources.

Allocation Lack of clarity about process for accessing cultural allocation and support in that process means that cultural allocations have not been applied for, therefore impacting environment through lack of water.

Connectivity Flood plain mapping does not take into account the connective nature of flow requirements and impacts the biodiversity and habitats of species where flows are not able to go.

Mapping of environmental needs

No big picture mapping on scientific basis of environmental flow needs that are adhered to.

Wetlands Wetlands do not receive adequate water flows to sustain them and the species that rely on them.

Cultural uses, access and cultural flows

No access provided

Restricted access impacts First Nations people across every aspect of their life, traditions and culture.

No access for education

Not being able to practice customs along the river – next generation is missing out – vital development

Risk to cultural connection

Muthi Muthi people identify a number of sacred sites along the rivers and waterways that were used to pass on knowledge and cultural to each other and to young people, no longer possible because of a lack of access.

Risk to cultural practice

Restricted ability to conduct customary practice of custodianship of Country.

Access to traditional sites

Restricted access to the rivers and waterways leads to a loss of culture, capacity and the ability to transfer knowledge.

Education of young people

Cultural education and induction are at risk, as is continuity of culture, strength of identity




Wellbeing Health of people affected – risks and impacts include increased levels of sadness, mental health, disconnection, cultural loss, identity, and also high suicide rates for Aboriginal people

Fishing and yabbying

Environmental flows are not timed to ensure that fish breeding cycles are assured by having enough flow for the fish to breed and then swim back out to the rivers.

Reduced breeding of frogs, turtles etc.

Turtle will leave the water three months before the bad water comes down the river

Bush Tucker Muthi Muthi people use the waterways to collect and cook bush tucker. Currently are restricted in the opportunity to hunt and gather bush tucker, yams, berries.

Health and abundance of bush tucker species are impacted by low water quality and quantity, and restricted or non-existent environmental flows.

Grasses, ducks, duck eggs, cultural practices, basket making

The changes to the biodiversity of the river and riverbanks means grasses (habitats for ducks, duck eggs) are damaged and no longer accessible.

Health of the river, Health of community

The direct correlation between the health of the river and the health of people as individuals and in community is risked by poor quality MDB management practice.

Story lines Establishment, and continuity of storylines and sharing with others is impacted.

Sharing the river with young people, fishing, gathering, telling stories

Poor quality water is too bad to swim in – making people sick.

Access to the waterways is restricted risking cultural connection, social gathering, storytelling, education and induction of young people in cultural practice.

Sacred Sites and ceremony

Inability to access sacred sites means that ceremony is interrupted or unable to be conducted, disconnecting cultural exchange and the continuity of cultural practice.

Custodianship, planning and first nations representation

Government policy change

Communication of information is variable. Personnel changes means that relationships and information exchange is a challenge to maintain.

No long-term planning involving First Nations People

Despite decades of “consultation” with First Nations people, the recommendations for care of water, and improve water management practice have not been implemented – risking the sustainability of the MDB for now and the future. This is an opportunity for collaborative partnerships that restore the MDB using cultural knowledge, experience and practice.

No support for representation

Lack of representation in consultation means that Muthi Muthi voices are not heard in the process, and objectives are not acted upon.

No strategy Lack of representation leads to reduced opportunity to contribute to strategy and proposed objectives for contributing to water resource planning.




Lack of cultural understanding and respect

Lack of cultural awareness impacts the communication, consultation processes and objectives through poor consultation practices. First Nations people offer a long-term perspective, and deep knowledge and connection to Country which is an opportunity lost when not effectively engaged and actioned.

Cultural Water strategy

A lack of clear cultural water strategy results in Muthi Muthi people unsure about their rights and the opportunities available to contribute to the management of the MDB.

Connection to rivers

Water flows through all countries but the approach Nation by Nation with different states having varied approaches creates a disconnected strategy and objectives.

Caring for country Fencing practices and stock access to riverbanks means that access to sacred places is cut off and connection to Country is dislocated. Stories of Country need to be shared in the exact locations, not possible when access is cut off.

Consultation and participation

Opportunity for more lead time for the department and consultants to develop greater connection with Traditional Owners, representatives and community members in the consultation process.

Cultural education Lack of cultural competence of landowners, farmers, river communities and government risks missing out on the value First Nations people can provide in the water management and planning processes,


Government policy

Lack of understanding about water allocation opportunities, access to pumping infrastructure and untested legislation causes confusion and barriers to engage with strategies that could actively engage Muthi Muthi people with water management projects and events.

Economic pressure

Limited financial resources impact opportunity to engage, plan, and implement objectives without structured government support.

Cultural flow allocation

Cultural flows are being kept on land – in dams and are traded by Government to landowners risking the environment, biodiversity, habitat and the health of the MDB.

Cultural tourism Cultural tourism opportunities are not explored to their full potential with the lack of clarity about how any cultural allocation is determined and accessed.

Economic Benefit Cultural flows are not able to be used for the economic benefit of First Nations people meaning they are locked out of the potential prosperity enjoyed by landowners and license holders.

Indigenous Rangers Program

Lack of funding certainty and location of placements does not maximise the opportunity for cross generational rangers to work together on river management and restoration projects.

Water quality, allocations and riparian management

Over allocation Large scale industrial practices, particularly in cotton and mining

Inequitable water management practices

Survival of smaller communities

If water policy doesn’t change it will impact on small towns and regional and isolated communities




Water infrastructure and management

With population increases in smaller communities it directly impacts the water pressure and availability for local communities

“The solar farm workers all come home at 6pm and shower which means the whole town is without water pressure. The system is not coping”

Water quality Water quality has deteriorated and is made worse by drought conditions and over allocation of water licenses to landholders

Monitoring and regulation

The lack of control of flow through management practices and infrastructure results in poor monitoring and management and risks environmental integrity and sustainability.

Riverbank/Riparian protection and management

Property ownership and fencing practice gives stock access to water impacting water quality and causes erosion and damage to riverbanks.

Water allocations – river is over allocated

Flood plains are not nourished with flows

Feral species management

Feral Species management is not maintained – feral carp threaten native species

Threat to biodiversity

Environmental degradation threatens biodiversity and increases extinction rates.

Species threat Species are becoming extinct or facing extinction. ” There are no sandpipers here anymore.”

Wellbeing The health and wellbeing of community directly correlates to the health and wellbeing of the river and habitat.

Sustainability Current water allocation (over allocation) is not sustainable. There is no big true picture of the current state of the river.

5.2.1. Responses – Impacts of water management practices Over allocation

“A river is defined as large body of free-flowing water. This is no longer a river. It is a feeding frenzy for the rest of the world. What can we do now to guarantee the Murray Darling Basin’s sustainability for the future?”

“So many changes on the land, pipes, almond growing, vines – how did it happen when we are supposed to take part in the plan? Work under the bridge – big midden site – we wanted to see it – sacred place that old people sat on – local government said it is nothing to do with you.”

Cotton and Almond farms

“Massive on farm dams across the hay plain shouldn’t be allowed. It’s a high evaporation area why do Govt allow this? What’s the difference between the evaporation in the Menindee lakes and 1000s of square metres of farm dams on the hay plains? Mendindee has a high ecological value and massive on farm storage dams have no ecological value.”

“Balranald is the next Wilcannia (town without a river). The Murrumbidgee is heading down the same track as the Darling River. The government have only moved the Darling problem to the Murrumbidgee.”

Water quality

“We used to live down the riverbank, swim and drink the water and now we can’t touch it.”



“Water flows through all countries. I’d like to see clean quality water go through to the next Nation”

Monitoring and regulation

“Our family members, local people have been trained in GPS mapping. We could work with landowners to identify species and habitat in certain areas. Projects could be established and generate employment for local people in mapping locations, habitat areas and biodiversity so we work together to improve environmental flow management.”

Riverbank/Riparian protection and management



“The health of the river is the health of community”

“We understand that there is a strong link between the health of the river and our own health, including depression, sugar (diabetes) and mental health.”

Hunting and Gathering/Cultural Practice

“I can’t collect duck eggs, grasses, and cannot access the river via the land.”

We always found bait on the riverbank, including mussels and frogs. We can’t find them now.”

“Fish were born here, we have got the story because it is in our part of the river is where the fish were born.”

“Fish, crabs and mussels have always been part of cultural practice. We always found bait on the riverbank, including mussels and frogs. We can’t find them now.”

My mother would dive into the rocky places to get fish by hand, by the time I was ten, the water was too murky. I want the water clear. It has deteriorated.”


Yabbies leave the water and climb the trees when the water quality is bad. I have watched the white fellas come along and pick up all the yabbies, taking them home to eat, when all they are doing is escaping the water because to stay in it is to die”.

5.2.2. Responses – Risks to values and uses Over Allocation - Large scale industrial practices, particularly in orchards, cotton and mining

Inequitable water management practices

“Cultural allocation of 10,000ml per person but can’t use it for economic purpose and can’t get access to pumps”

“Aboriginal people have been left out of the conversations and left out of the allocation of water licences.”

The control of flow through management practices and infrastructure

“We need to consider a moratorium on water, stop irrigation license allocations, stop clearing land for 20 years, rest the basin and establish ground cover to allow the environment to cool down and increase chance of rain.”

Access - Property ownership and fencing

“Our cultural places are invisible to white fellas – they don’t share the vision we have and neither do other tribes. Water is our lifeline.”




“Water flows through all countries and it is only certain places where Muthi Muthi are responsible for that. If it doesn’t flow into the sacred place of customs, corrobboree – taboo places also – we can only place the stories of certain places into the mob. Where’s the special place that I can go? I can’t show you – I can’t get into that place.”

“We recommend that the Government initiate a subsidised supply scheme for landowners to install troughs, with all fences pulled back from the river banks, and water pumped in pipes to troughs for stock to drink, protecting the banks from erosion and damage from hooved animals to improve the quality of the water.”

Lack of cultural awareness and poor consultation practices

“We have been involved in consultations, planning and recommendations for the management of the Murray Darling Basin for over forty years, generally self-funded in our involvement and giving our time with our contributions not given the focus required and no significant changes evident in water management practice”.

“So many changes on the land, pipes, almond growing, vines – how did it happen when we are supposed to take part in the plan? There is work under the bridge where there is a big midden site. We wanted to see it. It’s a sacred place that old people sat on. The local government said it is nothing to do with you.”



6. Objectives and outcomes The aim of the consultation processes is ‘to identify Traditional Owners’ objectives for water management, and the desired outcomes that the objectives would contribute towards.’ ‘Objectives are commonly understood to mean ‘aspirations’ or ‘goals’ with ‘Outcomes defined as the result of achieving an objective; what happens (or is envisaged to happen) when a wish is fulfilled.’ MDBA Part 14 Guidelines.

Figure 7. Aunty Patsy and Aunty Tanya at Lake Yanga National Park Office 2019.

6.1. Summary of objectives The Muthi Muthi First Nations representatives who attended the workshop have long histories and involvement with government water resource planning over many decades. Members are past or present members of MLDRIN and have over four decades of interactions with Government to contribute to the care for the rivers and waterways in the Murray Darling Basin. This work has often been voluntary with travel self-funded with representatives demonstrating purpose and commitment to caring for Country and contributing expertise and knowledge to the various Water Resource Planning processes initiated by government.

The Muthi Muthi people expressed a strong will to be instrumental in water management plans, and to directly present this report to Government Ministerial representatives. It was proposed for a delegation to the Department to present the report and seek a presentation to the Senate. NSW Department of Planning, Industry and Environment representatives responded that further enquiry and planning in this regard would take place to enable direct presentation of the report to Government as it was the first time this opportunity had been raised in the First Nations Consultation to date.

The history of the first allocations of water licences and water rights were to land holders and communities, with no allocation or consideration of allocation to traditional owners who are the



traditional custodians/owners of the water. This historic wrong must be addressed and compensated.

There was a call for multi Nation forums and meetings to build understanding of water management practice, processes to access cultural allocations and discuss collaborative water management across the catchment.

There was a recommendation to increase ( “Can’t increase something that we don’t have”) cultural flows and develop a model for cultural flow allocation and a (cultural water strategy with the involvement of First Nations people in the Murray Darling Basin with genuine and ongoing engagement as part of the planning process.

Muthi Muthi representatives Want economic benefit opportunities using purchased water and allocations of water, with support to explore ecotourism and aquafarms like the examples in Victoria progressed through a documented road map to Aboriginal Economic Development. The Muthi Muthi representatives recommended that model be adopted in MDB First Nation communities in other states.

Workshop participants identified the need for a scientific study where the basin is examined as a whole catchment, with accurate measures of inflows, outflows and allocations. There is a recommendation to calculate allocations based on what is kept back and prioritise water for the environment supported by a whole of Basin research plan and community led restoration projects with effective water management at core. The study needs to audit and investigate the number and size of the water pumps on the river and provide an accurate report so that allocations are known.

Muthi Muthi First Nations leaders recommended the development of a management system and policy regarding riverbank protection which limits access to cattle, other hooved animals and other practices that damage or disturb. A priority recommendation is the creation of access for Traditional Owners and community to the riverbanks for cultural connection and caring for Country. It was the shared strong statement that no person should own the riverbanks. Fencing should restrict animal access to the river, and stock drinking water should be piped to toughs away from the river’s edge to protect water quality and ensure access to the river for First Nations people.

“We recommend that the Government initiate a subsidised supply scheme for landowners to install troughs, and think Aboriginal people need a seat at the assessment tables for these projects e.g. Water efficiency projects that are a part of the SDLAM under the basin plan, with all fences pulled back from the river banks, and water pumped in pipes to troughs for stock to drink, protecting the banks from erosion and damage from hooved animals to improve the quality of the water.”

“We need to consider a moratorium on water, stop irrigation license allocations There are no more allocations of licences only buying and selling of existing licenses . Need to stop clearing land for 20 years, rest the basin and establish ground cover to allow the environment to cool down and increase chance of rain.” Muthi Muthi Elder

“There needs to be stronger rules on pumping sizes, and the leasing of water to big corporations, should be tight laws around the holding of supplementary water in big on farm storage dams with high evaporation rates. Water quality needs to be monitored from cotton farm run off back into the system.”

“Why is our native vegetation being cleared for almonds? Almond support no ecological value to our native species.”

“Muthi Muthi people do not support any farm use change such as cotton, almonds or any other permanent plantings on our country. We did not allow big farm infrastructure such as dams and channels massive pumps and pipes to support Cotton and almond farms. We were never consulted.”

Muthi Muthi representatives seek clarity to clear up confusion about the Cultural access licence process where there is a 10,000 mL per person allocation.



“We have never been consulted from NSW regarding this licence and how we can access it. For First Nations community members who are not living adjacent to the river, it is not clear how this allocation can be accessed.”

Muthi Muthi First Nations people expressed their experience with the guidelines a challenge, finding them “impossible to understand and for water allocation to be applied for”.

It was identified that there is a cultural allocation of 10,000mL per person, but there is no access to pumps and a restriction to using it for economic purpose. It was recommended that a group application for cultural allocation be pursued to test this process and ensure it is fit for purpose and able to be implemented in practical terms.

It was recommended more resources be allocated to support the connection, consultation and implementation of Water Resource Plans and First Nations people.

“There are two cultural water officers in NSW to cover how many nations?” Muthi Muthi Elder

“Victoria have over 10 Aboriginal Water Policy Officers and have committed to supporting more.”

“The Government has allowed publicly listed companies to trade water on the stock market – and can trade between river systems (Inter valley transfer). This practice should cease.”

Muthi Muthi representatives recommended that the Indigenous Rangers Program funding is supplemented with allocations of funding for projects which engage community and ensure intergenerational participation to directly connect young people working together with elders on Country in MDB restoration projects. This is a proposed model that could be piloted and them implemented nationally to encourage cultural sharing of knowledge and build the confidence and connection with cultural identity of young people.

The Muthi Muthi representatives recommended an increase in culturally competent consultation policy and practice and recommend that the Office of Environment and Heritage (OEH), and Environmental Water Advisory Groups (EWAGS) increase Aboriginal consultation through culturally competent practice.

Process changes to current practice were recommended. At present water allocation licenses go first to Native Title Services, and instead water allocation licences should go to First Nations Consultation then to Native Title Services.

There is a strong recommendation for increased water flow throughout the river system and environmental flows that replenish wetlands, lakes, billabongs and sacred sites to ensure biodiversity, habitat and flora and fauna are replenished and sustained now and into the future.

The Muthi Muthi First Nation people recognise all water as one entity and these objectives and outcomes relate to surface water but there has been no comprehensive overview of groundwater resources with no information given about the SDL (sustainable diversion limits) of the groundwater resources. The Muthi Muthi people have not been engaged with any allocation of groundwater resources.



Table 6. Objectives and outcomes.


Objectives Outcomes

Increased environmental flows allocated to the river and the environment at the right time

That the environment is getting a greater allocation of flow to ensure connectivity that meets environmental requirement, which is monitored, measured and reported on.

Waterways and the environment getting the water they require to be healthy through a quality and sustainable base line flow

An evidence based healthy and sustainable base line flow is maintained to ensure the flows come through for the benefit of habitat, biodiversity and environment

Increased water flow throughout the river system and environmental flows that replenish wetlands, lakes, billabongs

Establish accurate base line data that can inform allocation, trading and management to create a fairer system.

Establish better understanding of the true value of environmental flows

Clean water through Increased environmental flows Establish and maintain a healthy waterways system, biodiversity, lifestyle and communities.

Water security

Environmental flows come first and are grown from existing commercial allocations

More equitable and sustainable allocation of precious water resources

Maintain adequate environmental flows clean water through to the next nation

Maintaining a healthy waterways system, biodiversity, health and wellbeing communities

Maintain adequate environmental flows that ensures clean water for future nations

Maintaining a healthy waterways system, biodiversity, lifestyle and communities

Maintain adequate natural flow and environmental flows to ensure the rivers are able to flow at a rate that they can rejuvenate

Improved water quality, environmental health and sustainability. Improve and maintain health of biodiversity and communities

Want wetlands and lakes re-established and maintained

Establish realistic base line data that can inform future allocation and management

Establish better understanding of the true value of environmental flows

Prioritise environment first and allocate more flow to meet environmental needs

Significant improvement in health of the water users, the environment and water security for the future.

Ensure the river is able to flow at a rate that it can rejuvenate itself

Healthy river, sustainable system



Cultural uses, access, water interests and cultural flows

Objectives Outcomes

Create access for TO’s and community to access stream banks. (No one should own the riverbanks)

Enable culture to be maintained. Traditional values and uses are restored, community to be able to freely access and utilise the river

Increased water flow throughout the river system and environmental flows that replenish and maintain sacred sites

Enable culture to be maintained. Traditional values and uses are restored. Sacred sites are replenished, restored and healthy.

Government demonstrate due diligence with respect for cultural values and uses, outcomes and objectives in environmental water

Muthi Muthi people will be directly collaborating with Government on environmental water planning and implementation.

Muthi Muthi people are employed in NSW Environmental watering teams.

Clean water for future nations Enables culture to be maintained. Traditional values and uses are restored. Sacred sites are replenished, restored and healthy.

Wetlands and lakes re-established and maintained Biodiversity and important environments preserved and maintained. Traditional sites protected.

Increase cultural flows and cultural access allocated from existing commercial allocations, not at expense of environmental flows

Greater awareness and opportunity to provide direction and guidance water planning and policy Culture maintained and supported; environment improved.

Implement and complete a scientific study – look at the basin as a whole catchment – calculate allocations based on what is kept back, have to have water for the environment

Greater understanding of catchment requirement and planners better informed about environmental and culture needs

Maintain, sustain and build Cultural connection with the river

Sustain cultural continuity, identity, health and wellbeing

Require safe respected access for cultural business and food gathering customs to happen at the river

Can access traditional sites for cultural practice. Passing on of culture and stories. Maintain and strengthen culture and identity, wellbeing of community, ensure cultural continuity

Ability to share the river stories with current and future generations to maintain cultural customs and continuity

Maintaining culture and identity, wellbeing of community, cultural continuity

Establish and create healthy people and communities with strong health and wellbeing

Benefit to the whole community.




Objectives Outcomes

Prioritise human rights over corporate interests Recognition that people and communities need for water is an inalienable human right and essential for survival.

The Declaration of Human Rights defines access to clean water as a priority (The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic use).

NSW government support Aboriginal communities in on Country water resource assessment and planning

Government fund and support Muthi Muthi First Nations people to undertake Aboriginal waterways assessments.

Develop on Country Education and Employment opportunities for Muthi Muthi First Nations people.

Work with State agencies, develop partnership across all aspects of water and land management to deliver employment outcomes for Muthi Muthi First Nations people

Build and engage the capacity of Muthi Muthi people to take on active paid roles in management, oversight and custodianship.

Develop strong collaborations and advisory opportunities for meaningful water management practice which involves Muthi Muthi First Nations people

Custodianship roles continued and more input into water management including surface and groundwater resources.

Develop an Aboriginal Cultural strategy that includes River Nations’ connection

Establish greater understanding nation to nation, across the catchment, communities, policy makers and planners that influences and impacts water management practice.

Establish interconnected planning process with First Nations representatives

Establishes greater understanding nation to nation, cross the catchment, communities and policy makers and planners the positively impacts water management practice.

Muthi Muthi First Nations people want a water allocation

Secure economic opportunity with support for the rights and ownership of water.

Government and landholders develop better understanding of cultural connection and practice.

Waterways and environs demonstrate improved habitat, biodiversity, river and environment health.

Develop a Cultural Water strategy Establishes greater understanding of Muthi Muthi culture and the connection to the river system

Increase cultural competency of government, their agencies, business and communities working with or living along the river

Greater understanding and collaboration on culture, water and environmental issues




Establish and maintain the policy, practice and access that ensures the Muthi Muthi have the ability to share the river stories with current and future generations to maintain cultural customs and continuity

Greater participation and collaboration on culture, water and environmental issues.

Cultural continuity

Establish an NSW Aboriginal water strategy supported by evidence-based policy

NSW needs to develop Aboriginal Water Policy- look at what Victoria are doing, NSW are behind”

Aboriginal people have a central role with Traditional Owners having decision making roles in the process

Governments being consistent with all the First Nations people in the Murray Darling Basin

Clarity and accountability is demonstrated within the process and best practice culturally competent consultation is delivered.


Objectives Outcomes

Enact clear opportunity for First Nations people to have economic benefit from water allocations

State-wide policy in place, greater benefit to first nations people.

That there is an equitable allocation of cultural flows and increased benefit evidenced for Aboriginal people’s wellbeing, health, economic prosperity and an improved environment.

Establish access to resources, funding, pumps and economic opportunity for the Muthi Muthi people through water allocation process

State-wide policy in place, greater benefit to first nations people

Review overseas ownership of water licences with the view to reduce and eliminate percentage of water licenses owned by overseas interests

Provides opportunity to restore environmental and cultural flows to restore system.

Allocate of Cultural flows, resource, funding and compensation to the Muthi Muthi

Economic opportunity, fairness and equity

Develop a road map to Aboriginal economic Development – using purchased water/allocations – water, ecotourism, aquafarm (based on Victorian model)

Greater clarity and support for Muthi Muthi people, Economic independence, cultural continuity

Establish roles for Muthi Muthi people in protecting and supporting the management and conservation of water and the environment

Increased participation and role within custodianship positions

Recognise and celebrate Muthi Muthi cultural custodianship and culture within the catchment

Greater awareness by the broader community and greater understanding



Water quality, allocations and riparian management

Objectives Outcomes

A full acknowledgement that everything is connected including water, land management and people

Water quality plans need to talk about more than the water in the system – separation of departments mean that consideration of impacts of land management on water quality are not considered. Need a cohesive and connected management approach resulting in a comprehensive and consolidated water and land management plan for Murrumbidgee Valley

Muthi Muthi First Nations people conduct independent water testing and monitoring on water quality and allocation

Muthi Muthi First Nations people are trained and engaged in water management and testing waters within the Murrumbidgee Valley.

Increased employment for Muthi Muthi people on Country.

Water is improved in quality and the environment and habitat are improved in health and sustainability.

It is understood that for Muthi Muthi Water is both SURFACE and GROUNDWATER and the Muthi Muthi objectives and outcomes relate to both elements

Muthi Muthi have governance and management input into surface and groundwater water resource planning and management

Preserve the biodiversity on the banks – fence off the land, pump water into troughs and keep hooved animals off the banks - Restrict hooved animal access to riverbanks

Workable sustainable riparian management scheme

Traditional foods and cultural materials are increased and accessible

Develop a management system and policy re riverbank protection and limit access to cattle and other practice that damage or disturb

Greater control of streambank damages and sustainable system in place

Establish whole of Basin research plan and restoration project with effective water management strategies embedded in legislation planning and practice.

Long term protection and restoration of the catchment, greater understanding off needs and impacts.

Adopt an environment first approach with irrigation prioritised after environment to ensure sustainability and quality of MDB system.

Supports the environment and cultural values and uses. Protects and increases biodiversity

Feral Species Management increased through the work of Muthi Muthi people, targeting species like Carp

Established roles for Muthi Muthi First Nations people in Feral Species Management which protects and increases biodiversity, reduces impact on water quality and native species.

Audit, review and restrict the size of the water pumps on the river. Conduct a full audit, investigation and report, with recommendations legislated.

Reduces unauthorised use of water and makes more water available for environment and cultural flow.

Redirects greater proportion of allocation to cultural and environmental flows. Reduces water usage impacts with outcomes of investment monitored, measured and reported on.



Appendix A. Surface water map



Appendix B. Groundwater map



Appendix C. Data Use Agreement interviews INFORMATION USE AGREEMENT

Face-to-Face Interviews

First Nations Culturally Appropriate Nation-Based Consultation

For Water Resource Plans

NSW Department of Planning, Industry and Environment

This agreement is made on __________________________ 2018

Between _________________________ of ____________________________________

And Sevenseas Creative

of Port Lincoln South Australia.

1 Background

1.1 Sevenseas Creative has been contracted by NSW Department of Planning, Industry and Environment - Water to conduct culturally appropriate consultation on a nation by nation basis to ensure that the concerns of Traditional Owners are taken into account in the development of NSW Water Resource Plans (WRPs). These consultations will assist NSW Department of Planning, Industry and Environment - Water to meet its objectives in delivering water planning as per the Murray Darling Basin Plan under the Water Act 2007. Throughout this agreement, Sevenseas Creative operate on behalf of NSW Department of Planning, Industry and Environment - Water.

1.2 Based in Port Lincoln South Australia Sevenseas Creative is an independent business consultancy with expertise in culturally competent research and consultation.

1.3 Sevenseas Creative and NSW Department of Planning, Industry and Environment - Water are aware that there are culturally appropriate processes and protocols that need to be followed to maintain community confidence in recognising spiritual, social, customary and economic values of water to First Nations people. The consultation aims to be guided by Traditional Owners, including involvement in stakeholder mapping, workshop planning and the review process.

1.4 The consultation process will consist of a series of interviews with senior traditional owners in [insert month], including walks on country. These will be followed by a number of workshops in different locations in [insert month]. Opportunity will also be given for people to submit information individually throughout [insert month]. The review process gives Traditional Owners the chance to check the draft consultation report in [insert month].

2 Definitions

First Nations Cultural Knowledge means accumulated knowledge which encompasses spiritual relationships, relationships with the natural environment and the sustainable use of natural resources, and relationships with the natural environment and the sustainable use of natural resources, and relationships between people, which are reflected in language, narratives, social organisation, values, beliefs, and cultural laws and customs.



Muthi Muthi Nation (to be filled in by participant) The Murray Darling Basin Plan came into effect in November 2012. The Basin Plan legislation guides governments, regional authorities and communities to sustainably manage and use the waters of the Murray–Darling Basin, ensuring water is shared between all users.

Objectives are defined by the Murray Darling Basin Authority as commonly understood to mean ‘aspirations’ or ‘goals’ and are often expressed as wishes.

Outcomes are defined by the Murray Darling Basin Authority as commonly thought of as the result of achieving an objective – in other words, what happens (or is envisaged to happen) when a wish is fulfilled.

The term Traditional Owners is used by the Murray Darling Basin Authority to refer to those with recognised cultural authority to speak for Country.

Values and Uses (Water Dependent) means places, areas, sites and/or practices that have cultural significance to First Nations people and require a certain water quantity or quality to be sustained.

Water Resource Plans (WRPs) establish rules to meet environmental and water quality objectives and will take into account potential and emerging risks to water resources. WRPs will play a key role in ensuring implementation of limits on the quantity of surface and groundwater that can be taken from the Murray Darling Basin for consumptive purposes. The NSW Government will develop 20 water resource plans (WRPs) to set out arrangements to share water for consumptive use. These cover many Aboriginal communities across the Murray Darling Basin.

Water Sharing Plans (WSPs) establish rules for sharing water between different types of water use and ensure that water is provided for the health of the system. WSPs have been developed for rivers and groundwater systems across New South Wales following the introduction of the Water Management Act 2000. WSPs have a term of ten years. Prior to expiry of the ten-year term of a water sharing plan, the plan is reviewed to determine whether it should be extended or replaced. In the inland region of NSW, most water sources will also be subject to the requirements of the Commonwealth’s Basin Plan.

3 Your Participation

3.1 As a Muthi Muthi Traditional Owner, you are invited to participate in a face-to-face-interview to provide information on the following:

Muthi Muthi cultural values and uses around water Objectives and outcomes to protect and manage these values and uses Culturally appropriate guidelines for running a workshop on Muthi Muthi country

3.2 These are possible ways information may be gathered:

Open questions: a series of open questions will be asked about Muthi Muthi objectives and outcomes based on water-dependent values and uses.

Walks on country: Opportunity will be given to show assets in a walk on country, including photography with permission. If time doesn’t permit during this interview, a NSW Water Cultural Officer will conduct this at a later stage.

3.3 The interview will be conducted by Andrea Broadfoot and Jack Ritchie of Sevenseas Creative at a place and time negotiated with you. There will be other people present in the interview, including Sevenseas Creative, a local Muthi Muthi community organiser, and a representative from NSW Department of Planning, Industry and Environment - Water.



3.4 Your participation is voluntary.

3.5 You may withdraw your participation and information at any stage up until the consultation report has been finalised.

4 Purpose and Scope

4.1 The information gathered from you will be organised with other interview data by Sevenseas Creative and used to structure a series of workshops on Muthi Muthi country in February 2019. The workshops will be organised in a culturally appropriate way according to advice given by you and other Traditional Owners.

4.2 Information from both the interviews and the workshop will be used by Sevenseas Creative to write a consultation report on objectives and outcomes based on Muthi Muthi water-dependent values and uses.

4.3 Information from this report will be used by NSW Department of Planning, Industry and Environment - Water to meet the requirements in Chapter 10, part 14, sections 10.52 – 10.55 of the Basin Plan. These ensure that the concerns of Traditional Owners regarding their stated objectives and outcomes based on water-dependent values and uses are taken into account in the water resource planning process. The consultation will be used to outline these processes in the following WRPs:

Surface Water WRPs: NSW Murray Darling Basin Porous Rock and Murrumbidgee Alluvium Groundwater WRPs: NSW Murray and Lower Darling and Murrumbidgee

4.4 Water Resource Plans specify how water will be shared and managed within a specified area. They will incorporate existing water planning and management within NSW (including Water Sharing Plans), as well as be consistent with Basin Plan requirements. It is hoped that First Nations people will wish to be involved in water planning in the future. This round of consultations for the development of WRPs will establish a basis for how culturally appropriate consultation can be incorporated into future water planning in NSW.

5 First Nations Cultural Knowledge

5.1 Any First Nations Cultural Knowledge you provide as part of this consultation is owned by either yourself or a legal entity nominated by you, as a representative of the Muthi Muthi Nation.

5.2 First Nations Cultural Knowledge might be collected as part of this interview in one or more of the following ways:

in a voice recording of the interview process

in written notes taken as part of the interview process

in photographs of values and assets on country

5.3 When providing First Nations Cultural Knowledge, you must identify it appropriately and clearly acknowledge to Sevenseas Creative what you are willing to share with NSW Department of Planning, Industry and Environment - Water.

5.4 First Nations Cultural Knowledge provided to NSW Department of Planning, Industry and Environment - Water as part of this consultation will be clearly marked. It can only be used by NSW Department of Planning, Industry and Environment - Water in the following ways:

in the development and creation of WRPs

to obtain accreditation for the WRP from the Murray Darling Basin Authority

for water planning in NSW



and for internal research and education

5.5 If NSW Department of Planning, Industry and Environment - Water wants to use the First Nations Cultural Knowledge provided as part of the consultation in a way other than those listed in 5.4, it must approach you or your nominated representative.

5.6 To ensure best possible protection measures, in some cases, approximate locations of cultural values and assets may need to be recorded. You do not need to share exact locations.

6 Data Collection and Storage

6.1 The information you contribute to the consultation report will be deidentified. It will not include your name, but will include a reference number.

6.2 A list with your name and associated reference number will be stored by NSW Department of Planning, Industry and Environment - Water in a password-protected database, separate to the consultation report and accessible only with your permission by First Nations Cultural Water Officers.

6.3 Sevenseas Creative would like to gather some personal information from you such as your family group, gender and age range to be used to organise information gathered. Passing on this information is voluntary.

6.4 Sevenseas Creative would like to create an audio recording and take written notes during your interview. The written notes will only include First Nations Cultural Knowledge you wish to share with NSW Department of Planning, Industry and Environment - Water. The audio recording will be used solely to check accuracy of notes. If you permit Sevenseas Creative to record your interview, please advise below.

6.5 On completion of the Water Resource Plan, the interview recording will be returned to you or a representative of your choice. This interview recording may contain First Nations Cultural Knowledge you do not wish to disclose to NSW Department of Planning, Industry and Environment - Water. Please nominate below who you would like this returned to.

6.6 Sevenseas Creative will temporarily store the deidentified audio recording on a password protected computer only accessible by Sevenseas Creative. This copy will be destroyed once the consultation report has been written.

6.7 Sevenseas Creative will store deidentified written interview notes on a password protected computer only accessible by Sevenseas Creative. This will be saved until the completion of the NSW consultation, for up to two years.

6.8 Any photos taken during the course of the interview will be checked with you before being included in the final consultation report. Photos not used in this report will be returned to you or a nominated representative of your choice.

6.9 NSW Department of Planning, Industry and Environment - Water can only store your First Nations Cultural Knowledge:

as part of the final consultation report provided by Sevenseas Creative

as part of the Water Resource Plan



7 Publication and Review

7.1 You will have the opportunity to review the draft consultation report with Sevenseas Creative at one stage in June 2019. Please indicate below whether you would like to do this by [phone or email].

7.2 Traditional Owner viewpoints will be prioritised as part of this consultation and in the review of the draft.

8 Contacts

Please contact the following people for more information or clarification:

Sevenseas Creative Andrea Broadfoot 0459340001

[email protected]

Jack Ritchie 0458274444

[email protected]

NSW Department of Planning, Industry and Environment - Water

Darren Murray 0418 647 836 [email protected]

Kara Talbot [email protected]



AGREEMENT: Face-to-Face Interviews First Nations Culturally Appropriate Nation-Based Consultation

For Water Resource Plans (NSW Department of Planning, Industry and Environment - Water)

☐ I have read the information use agreement or have had it read to me.

☐ I understand my participation in this consultation is voluntary and that I can withdraw at any time up until the consultation report is finalised.

☐ I DO / DO NOT (please circle) consent to Sevenseas Creative recording my interview for the purposes of cross-checking information only.

I understand the recording and any photos taken will be stored temporarily by Sevenseas Creative. After the completion of the project, I would like the recording and any photos:

☐ Returned to me and all other copies destroyed.

☐ Given to ……………………………………………of…………….………………………………………………… as my authorised representative for storage and all other copies destroyed.

I would like the opportunity to review the draft consultation report

☐ in person Or ☐ via email. ☐ I commit to identifying any First Nations Cultural Knowledge I provide that may or may not

be used by NSW Department of Planning, Industry and Environment - Water for the purposes of creating WRPs.

Name: ___________________________

Name: ___________________________

(Director: Sevenseas Creative)

Signature: __________________________ Signature: ___________________________

Contact: __________________________ Contact: ________________________

Witness: __________________________ Witness: __________________________

Date: __________________________ Date: __________________________



Appendix D. Data Use Agreement workshops PARTICIPANT INFORMATION SHEET

Workshops (Muthi Muthi)




Thank you for agreeing to participate in the consultation workshops held by NSW Department of Planning, Industry and Environment – Water from February 2019.

Purpose

NSW Department of Planning, Industry and Environment - Water is conducting culturally appropriate consultation on a nation-by-nation basis to ensure that the concerns of Traditional Owners are taken into account in the development of NSW Water Resource Plans (WRPs). These consultations will assist NSW Department of Planning, Industry and Environment - Water to meet its objectives in delivering water planning as per the Murray Darling Basin Plan under the Water Act 2007.

NSW Department of Planning, Industry and Environment - Water will be gathering information about First Nations values and uses of water. You will also be asked to identify any potential risks to these values and uses, as well as some objectives and outcomes for their preservation and management.

Information Use

Sevenseas Creative, on behalf of NSW Department of Planning, Industry and Environment - Water, will be gathering written notes on information you provide. These will be used to write a consultation report to inform the development of specific Water Resource Plans in New South Wales. Notes from the workshop will be retained by Sevenseas Creative for review purposes but will not be given to NSW Department of Planning, Industry and Environment - Water. The report and notes will not be used for any other purpose.

Your name will not be stored with any of the information provided. Your name and other details you choose to provide on the participant register will be used for feedback and statistics only.

Photography

Sevenseas Creative may take photos throughout the workshop for use in the consultation report and on NSW Department of Planning, Industry and Environment - Water’s internal social media. Please indicate your consent below.

Review

Senior Traditional Owners will have the opportunity to review the draft consultation report. All stakeholders will be given the opportunity to view Water Resource Plans as they go on public exhibition throughout 2018/2019.

Please contact

Directors Jack Ritchie and Andrea Broadfoot P: 0458274444 E: [email protected] P: 0459340001 E: [email protected] Website: www.sevenseas-

creative.com for more information.



PARTICIPANT AGREEMENT

Workshops Muthi Muthi




☐ I have been provided information about this workshop and understand its purpose.

☐ I understand my participation in this workshop is voluntary.

☐ I consent to Sevenseas Creative and NSW Department of Planning, Industry and Environment - Water collecting notes on my feedback and using them to provide a consultation report for writing Water Resource Plans.

☐ I DO/DO NOT (please circle) consent to Sevenseas Creative including me in photos of the workshop for the consultation report and NSW Department of Planning, Industry and Environment - Water’s internal social media.

☐ I would like my details below to be added to a list for further consultation and information about water planning in New South Wales.

Name: _________________________________ Signed: _______________________________

Phone: ________________________________ Email:_________________________________

Date: __________________________________



Appendix E. Interview questions and checklist The workshop notes will support your consultation and includes the following questions before the interviews and workshops.

The importance of Muthi Muthi Nation’s input:

Share First Nations values and objectives of water to be included in Water Resource Plans Ensure Muthi Muthi Nation’s values and objectives are protected Have your say in how water is shared and managed across Muthi Muthi Nation Ensure First Nations are part of water planning and Water Resource Plans Inform how government engages with Muthi Muthi First Nations People

Questions to think about for water resource management across Muthi Muthi Nation

What is the value and how do you use water in Muthi Muthi Nation? What challenges these values and uses of water in Muthi Muthi Nation? How do you think water in the rivers and groundwater could be better managed in Muthi

Muthi Nation? What would you like to see happen for water management of [Insert Muthi Muthi] Nation in

5 years’ time and in 10 years’ time?

Why be involved? – Muthi Muthi Nation’s involvement is important

Muthi Muthi Nation’s input is important to us and the Water Resource Plans, as today allows the opportunity to:-

Share First Nations values and objectives of water to be included in Water Resource Plans

Ensure Muthi Muthi Nation’s values and objectives are protected

Have your say in how water is shared and managed across Muthi Muthi Nation

Ensure First Nations are part of water planning and Water Resource Plans

Inform how government engages with Muthi Muthi First Nations People

Questions to think about for water resource management across Muthi Muthi Nation

What is the value and how do you use water in Muthi Muthi Nation?

What challenges these values and uses of water Muthi Muthi Nation?

How do you think water in the rivers and groundwater could be better managed in Muthi Muthi Nation?

What would you like to see happen for water management of Muthi Muthi Nation in 5 years’ time and in 10 years’ time?



Appendix F. Responses to interviews Categories

[insert others or modify as appropriate]

Responses

Values

Muthi Muthi people value water for/as:

Uses

Muthi Muthi people use water to/for/as:

Evidence of change

Risks

Objectives and outcomes



Appendix G. Senior Traditional Owner submission [insert submissions if applicable]

N/A

Documents

Culturally Appropriate First Nations Consultation Muthi ... · Broadfoot and Jack Ritchie of Sevenseas Creative, acknowledge and pay their respect to all the Traditional Owners and