Culturally Appropriate First Nations Partnership: Murrawarri Nation Report · 2020. 4. 17. · Title: Culturally Appropriate First Nations Partnership: Murrawarri Nation Report Subtitle:

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

THE BASIN PLAN IMPLEMENTATION

Culturally Appropriate First Nations Partnership: Murrawarri Nation Report

Published by NSW Department of Planning, Industry and Environment

dpie.nsw.gov.au

Title: Culturally Appropriate First Nations Partnership: Murrawarri Nation Report

Subtitle:

First published: November 2019

Department reference number: PUB19/571

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

Kara Talbot, Aboriginal Cultural Officer, Water Policy, Planning and Sciences Division, Inverell

Acknowledgements

This report was prepared by consultants Dhirranggal Solutions and Alexandra Dixon. Principles for Culturally Appropriate Nation-Based Consultation and the Four Phase Culturally Appropriate Consultation Methodology remain the Intellectual Property of Dhirranggal Solutions and Alexandra Dixon.

All material in sections 4 and 5 as otherwise acknowledged is First Nations Cultural Knowledge provided by Senior Traditional Owners and Traditional Owners of the Murrawarri Nation for this consultation report. Senior Traditional Owners also provided guidance on the consultation process and report. The views expressed in sections 4 and 5 of this report are those of the Murrawarri Nation and are not the views of the NSW Government.

© State of New South Wales through Department of Planning, Industry and Environment 2019. NSW Department of Planning, Industry and Environment would like to acknowledge that this report has been co-authored with the Murrawarri Nation. This report includes Traditional Knowledge of the Murrawarri 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, the Murrawarri Nation. 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 Murrawarri Nation.

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.


NSW Department of Planning, Industry and Environment | PUB19/571 | i

Acknowledgement of Traditional Owners NSW Department of Planning, Industry and Environment - Water and consultants, Dhirranggal Solutions, 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 Murrawarri Nation, past, present and future. NSW Department of Planning, Industry and Environment - Water and Dhirranggal Solutions are incredibly grateful for the energy and time invested by the Senior Traditional Owners and other members of the Murrawarri Nation in the consultation process and the creation of this report. NSW Department of Planning, Industry and Environment - Water and Dhirranggal Solutions thank the Murrawarri Nation for their generosity during their time 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 Dhirranggal Solutions Pty Ltd and Alexandra Dixon. Dhirranggal Solutions have been contracted on behalf of 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 Murrawarri Nation to record the concerns of Traditional Owners for inclusion in State Water Resource Plans.

The Murrawarri Consultation round took place from June to November 2019 across Murrawarri Country in North Western 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 Dhirranggal Solutions, NSW Department of Planning, Industry and Environment - Water and the appointed Murrawarri Nation Organiser.

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

WARNING: Aboriginal and Torres Strait Islander readers are warned that the report may contain images and voices of deceased persons.


NSW Department of Planning, Industry and Environment | PUB19/571 | ii

Glossary Abbreviation Description

AMS Aboriginal Medical Service

Basin Plan Murray Darling Basin Plan

MDBA Murray Darling Basin Authority

MLDRIN Murray Lower Darling Rivers Indigenous Nations

NBAN Northern Basin Aboriginal Nations

STOs Senior Traditional Owners

TO/s Traditional Owner/s

TSR Travelling 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.

‘Murrawarri’, as recommended by the Murrawarri Nation Organiser and used for Native Title, is the name for the people and nation consulted for this report.

‘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 Murrawarri Nation Organiser in this consultation. They are sometimes also labelled ‘knowledge holders’ or ‘Elders’.


NSW Department of Planning, Industry and Environment | PUB19/571 | iii

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

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

1.2. Roles .................................................................................................................................. 2

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

2. Methodology .............................................................................................................................. 4

2.1. Principles for Culturally Appropriate Nation-Based Consultation ....................................... 4

2.2. Nation-Based approach ...................................................................................................... 6

2.3. Indigenous Data Sovereignty ............................................................................................. 6

2.4. Qualitative research methods ............................................................................................. 7

2.5. Review of existing literature ................................................................................................ 7

3. The consultation process ........................................................................................................... 8

3.1. Phase 1: Co-design and development ............................................................................... 8

3.2. Phase 2 – Workshop .......................................................................................................... 9

3.2.1. Workshop participant data ........................................................................................... 9

3.2.2. Workshop outline ....................................................................................................... 10

3.2.3. Information session ................................................................................................... 11

3.2.4. Feedback sessions .................................................................................................... 11

3.3. Phase 3 – Interviews ........................................................................................................ 13

3.3.1. Face-to-face interview participant data ..................................................................... 13

3.3.2. Data Use Agreements and question lists .................................................................. 13

3.3.3. Face-to-face interview process ................................................................................. 14

3.4. Phase 4: Analysis and review ........................................................................................... 15

3.4.1. Analysis ..................................................................................................................... 15

3.4.2. Review ....................................................................................................................... 15

3.5. Overall data ...................................................................................................................... 16

4. Findings: Themes .................................................................................................................... 18

4.1. A sovereign people of the Murrawarri Republic ................................................................ 18

4.2. Murrawarri Nation’s international rights ............................................................................ 19

4.3. Healthy country, healthy people ....................................................................................... 20

4.4. Cultural continuity and revival ........................................................................................... 21

4.5. Murrawarri Lore/Law (Governance and Jurisdiction) ........................................................ 22

4.6. Equity and reparations ...................................................................................................... 23

4.7. Partnerships and collaboration ......................................................................................... 24

5. Findings: Categories ................................................................................................................ 26

5.1. Values and uses ............................................................................................................... 26

5.1.1. Key Murrawarri values ............................................................................................... 28


NSW Department of Planning, Industry and Environment | PUB19/571 | iv

5.1.2. Key Murrawarri uses ................................................................................................. 30

5.2. Risks and impacts ............................................................................................................ 31

5.2.1. Responses – Risks to values and uses ..................................................................... 33

5.2.2. Responses – Impacts of water management practices ............................................. 34

5.3. Objectives and outcomes ................................................................................................. 35

5.3.1. Healthy country, healthy people ................................................................................ 35

5.3.2. Cultural continuity and revival ................................................................................... 37

5.3.3. Murrawarri Lore/Law ................................................................................................. 38

5.3.4. Equity and reparation ................................................................................................ 39

5.3.5. Partnerships and communication .............................................................................. 40

Appendices Appendix A. Surface water map ................................................................................................. 43

Appendix B. Groundwater map .................................................................................................. 44

Appendix C. Data Use Agreement interviews ............................................................................ 45

Appendix D. Data Use Agreement workshops ........................................................................... 53

Appendix E. Interview questions and checklist .......................................................................... 55

Figures Figure 1. Extract: ‘A Guide to Traditional Owner Groups for Water Resource Plan Areas: Surface Water’. ............................................................................................................................................... 1

Figure 2. Extract: ‘A Guide to Traditional Owner Groups for Water Resource Plan Areas: Groundwater’. ................................................................................................................................... 2

Figure 3. Principles for Culturally Appropriate Nation-Based Consultation. ...................................... 4

Figure 4. Murrawarri workshop, Brewarrina, 9 August 2019. .......................................................... 10

Figure 5. Murrawarri workshop, Brewarrina, 9 August 2019. .......................................................... 10

Figure 6. Workshop locations of Brewarrina and Bourke, NSW. .................................................... 17

Figure 7. Flag of the Murrawarri Republic. ...................................................................................... 18

Figure 8. Enngonia, NSW. .............................................................................................................. 22

Figure 9. Murrawarri Country. ......................................................................................................... 24

Figure 10. Weilmoringle after rain. .................................................................................................. 28

Figure 11. Dry River, Weilmoringle. ................................................................................................ 32

Figure 12. Transfer of knowledge on Country. ................................................................................ 36

Figure 13. Murrawarri Water. .......................................................................................................... 37


NSW Department of Planning, Industry and Environment | PUB19/571 | v

Tables Table 1. Summary of key recommendations for consultation process. ........................................... vii

Table 2. Summary of key findings: Categories. .............................................................................. viii

Table 3. Culturally Appropriate principles and practices. .................................................................. 5

Table 4. Attendees – Murrawarri Cultural Flows Nation Planning Workshop. .................................. 9

Table 5. Participant Data: WRP Consultation Workshops*. .............................................................. 9

Table 6. Community WRP workshops. ........................................................................................... 11

Table 7. Participant data: Senior Traditional Owner face-to-face interviews. ................................. 13

Table 8. Face-to-Face interview process. ....................................................................................... 15

Table 9. Analysis and review. ......................................................................................................... 16

Table 10. Total participant data. ..................................................................................................... 16

Table 11. Values and uses: Sub-categories by theme. .................................................................. 26

Table 12. Key values ...................................................................................................................... 28

Table 13. Key uses. ........................................................................................................................ 30

Table 14. Risks and impacts: Sub-categories by theme. ................................................................ 31

Table 15. Healthy country, healthy people: Objectives and outcomes by frequency. ..................... 35

Table 16. Cultural continuity and revival: Objectives and outcomes by frequency. ........................ 37

Table 17. Murrawarri Lore/Law: Objectives and outcomes by frequency. ...................................... 38


NSW Department of Planning, Industry and Environment | PUB19/571 | vi

Executive summary The report

This report outlines the process and findings of consultation undertaken with the Murrawarri Nation for the development of Water Resource Plans (WRPs) in New South Wales, 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 Murrawarri people for the management of their water-dependent values and uses. The report was prepared by consultants, Dhirranggal Solutions, on behalf of Department of Planning, Industry and Environment.

Consultation methodology

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. Murrawarri Nation boundaries cross over four surface water WRPs: Barwon-Darling Watercourse (SW12), Intersecting Streams (SW13), Condamine-Balonne (SW19), Warrego-Paroo-Nebine (SW20); and four groundwater WRPs: Darling Alluvium (GW7), New South Wales Great Artesian Basin Shallow (GW13), Condamine-Balonne (GW21), Warrego-Paroo-Nebine (GW22). The consultation methodology was underpinned by eight principles, developed by Dhirranggal Solutions, for culturally appropriate consultation: Respect for the Contemporary Cultural Framework; Flexibility; Collaboration; Quality Assurance; Clear Communication; Building Tangible Outcomes; Inclusivity and Accessibility; and Indigenous Data Sovereignty. Qualitative research methods employed include participant-centred research and generic thematic analysis.

Consultation process and recommendations

The process was based on Dhirranggal Solutions’ ‘Four Phase Culturally Appropriate Consultation Methodology’, adjusted to suit the needs of the Murrawarri Nation. Phase 1 (Design and Development) included observation by NSW Department of Planning, Industry and Environment - Water and consultants of the Murrawarri Nation Planning workshop (Bourke, 14-15 June 2019) and development of the consultation process with the Murrawarri Nation. In Phase 2, a workshop was held in Brewarrina on 9 August 2019 to inform Senior Traditional Owners about NSW water planning and the WRP process and gather initial feedback to inform the consultation report. In September and October, seven interviews with Traditional Owners (Phase 3) explored more thoroughly the themes gathered in the workshop. During Phase 4 (Analysis and Review), interview and workshop participants were invited to comment on the draft report in a review workshop in Brewarrina on 3rd November 2019. Successful outcomes included a total of 10 Murrawarri people consulted, representing a broad set of families; a consultation process guided by the Nation group itself; the use of data agreements to safeguard First Nations Cultural Knowledge; engagement with a nation-based traditional governance model; and comprehensive findings. Participants gave positive feedback about new nation-based consultation processes. Recommendations for each phase suggest improvements for future consultations.


NSW Department of Planning, Industry and Environment | PUB19/571 | vii

Table 1. Summary of key recommendations for consultation process.

Key Recommendations – Consultation Process

Phase 1:

Design

Investigate longer-term possibilities for data storage and obtaining permissions; Outline consultation process with Nation representatives at the beginning and encourage codesign of process.

Phases 2/3:

Workshop/ Interviews

Continue to involve NSW Department of Planning, Industry and Environment - Water staff from different levels and roles in phases 2 and 3, including in On Country visits; Nation Organiser introduce NBAN, its governance structures and delegate roles in both Phase 2 and 3, either in person or through an information sheet.

Phase 4:

Review

Offer individual face-to-face, workshop or email options for review: face to face is very important for Senior Traditional Owners; Continue to build trust and respect cultural authority with this review phase.

Findings: Themes and Categories

Analysis of the qualitative data gathered drew connections between recurring codes and subcategories. Data was arranged in five themes: Healthy Country, Healthy People; Cultural Continuity and Revival; Murrawarri Lore/Law (Custodianship and Jurisdiction); Equity and Reparations; and Partnerships and Collaborations. These themes represent issues in water planning and management from a Murrawarri perspective. The Murrawarri Republic is a sovereign self-determining nation with rights as recognised in international treaties and covenants, to which Australia is a signatory. The Murrawarri Nation would like to manage water on its own Country, according to its own governance structures and lore/law.

The consultation set out to determine Murrawarri water-dependent values and uses; the impacts on and risks to these; and objectives and outcomes for their protection. The table below summarises the key findings.


NSW Department of Planning, Industry and Environment | PUB19/571 | viii

Table 2. Summary of key findings: Categories.

Key Findings: Categories

Values and Uses

Biodiversity, Social/recreational, Domestic, Water as life, Healthy water system, Water bodies, Health and Wellbeing, Bush tucker, Cultural practices, Caring for Country, Cultural Identity, Spirituality, Environmental Indicators, Cultural Sites, Medicine trees/edible plants, Community Responsibilities, Ownership, Murrawarri governance, Economic Participation, Homelands, Equity, Water allocations, Water management practices, First Nations governance, Tangible Outcomes, Consultation, Information

Risks and Impacts

Damaged Country, Less biodiversity, Poor water quality, Unnatural flows/levels, Impacted water bodies, Poor health and wellbeing, Social/recreational impacts, Damaged cultural sites, Less bush tucker, Less Cultural Practice, Loss of identity, Dispossession, Unrecognised First Nations governance, Poor management practices, Poor resourcing, Economic, Water market/allocations, Industry, Infrastructure, Government mismanagement, Lack of information, Cultural differences, Consultation Practices

Objectives Rivers, creeks and bodies of water function together as a flowing, connected system, with native animals and fish protected, healthy and abundant.

Environmental flows restore water environments to good health.

Healthy, flowing waterways support the health and wellbeing of the Murrawarri community and its people.

The Murrawarri people are reconnected to their waterways.

The Murrawarri people are able to continue and revive their practices of collecting and eating bush tucker.

The Murrawarri people can continue their role as owners and managers of their Country and water.

The Murrawarri people continue and revive cultural and spiritual practices and events by waterways.

The Murrawarri Nation has control over their own water governance model and processes.

The Murrawarri people have ownership of and access to their Country and waterways.

Employment and training builds the skills and capacity of the Murrawarri in water/land management.

The Murrawarri Nation is resourced to participate in the water market and has its own water allocation.

Greater equity and balance between stakeholders is achieved in water management practices.

The Murrawarri Nation receives water in the form of cultural flows.

Murrawarri water-related economic interests are encouraged and supported.

Effective partnerships are built between the Murrawarri Nation, government and other stakeholders.

A water compact is developed and signed between First Nations.

Murrawarri people are informed clearly and consistently about water policy, planning and practices.

Consultation with Murrawarri people is consistent, culturally appropriate and effective.

Murrawarri Nation has strong representation within Department of Planning, Industry and Environment.


NSW Department of Planning, Industry and Environment | PUB19/571 | 1

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.1 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 Murrawarri 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.’ (p. 5) Figures 1 and 2 show the area within which the Murrawarri 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 Murrawarri consultation will be used in the following WRPs:

Surface Water WRPs: Barwon-Darling Watercourse (SW12), Intersecting Streams (SW13), Condamine-Balonne (SW19), Warrego-Paroo-Nebine (SW20)

Groundwater WRPs: Darling Alluvium (GW7), New South Wales Great Artesian Basin Shallow (GW13), Condamine-Balonne (GW21), Warrego-Paroo-Nebine (GW22)

Figure 1. Extract: ‘A Guide to Traditional Owner Groups for Water Resource Plan Areas: Surface Water’.

1 Murray Darling Basin Authority, ‘Water Resource Plans: Part 14 Guidelines’, MDBA Pub. No. 30/17, https://www.mdba.gov.au/sites/default/files/pubs/D17-6996-WRP-requirements-Part-14-Aboriginal.pdf. Viewed 5 May 2018.



Figure 2. Extract: ‘A Guide to Traditional Owner Groups for Water Resource Plan Areas: Groundwater’.

(Full maps for surface water and groundwater WRPs are found in Appendices A and B).

1.2. Roles Dhirranggal Solutions was engaged as a First Nations Stakeholder Consultant to provide consultation with traditional owners of the Murrawarri Nation. The consultants worked in collaboration with the NSW Department of Planning, Industry and Environment - Water Principal Aboriginal Cultural Liaison Officer, Aboriginal Staff and the Murrawarri 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 participate in subsequent workshops.

The NSW Department of Planning, Industry and Environment – Water, Principal Aboriginal Cultural Liaison Officer coordinates all indigenous staff and consultant activities and ensures that knowledge gained is properly considered in developed state-wide strategies and policies.

NSW Department of Planning, Industry and Environment - Water Aboriginal Cultural Officers and the Aboriginal Senior Policy Officer (Native Title) ensure all issues and options are identified and taken forward into appropriate analysis and further consultation. 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, taking minutes and reporting to the executive.

Nation Organisers are engaged by NSW Department of Planning, Industry and Environment - Water to chair traditional owner workshops and coordinate with Planners the expectations prior to each workshop.

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 - Water 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 - Water 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 - Water staff to prepare a checklist and questions, prior to the face-to-face meetings.

With NSW Department of Planning, Industry and Environment - Water 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 the Department.

at the face-to-face meetings, seek traditional owner agreement to attend 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 - Water 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 The methodology for this consultation takes a nation-based approach. It has been developed from Dhirranggal Solutions’ ‘Principles for Culturally Appropriate Nation-based Consultation’. These principles are supported by a commitment to the practice of Indigenous Data Sovereignty and the use of qualitative research practices, including participant-centred research and generic thematic analysis.

2.1. Principles for Culturally Appropriate Nation-Based Consultation

Dhirranggal Solutions has previously developed eight principles (Figure 3) as a guide to Culturally Appropriate Nation-Based Consultation.

Figure 3. Principles for Culturally Appropriate Nation-Based Consultation.

(© Dhirranggal Solutions 2017)

The MDBA Part 14 Guidelines can be mapped against these Principles for Culturally Appropriate Nation-Based consultation. Best Practice Methods employed to ensure the principles and guidelines were followed come from accepted culturally appropriate practices and protocols for engaging with First Nations people, as outlined in the table on the following page.



Table 3. Culturally Appropriate principles and practices.

Principle MDBA Part 14 Guidelines Best practice methods employed

Respect for Contemporary Cultural Framework

‘MDBA’s expectation is for the consultation to give focus to the Traditional Owners who are associated with a Water Resource Plan area’ (p. 4)

Nation-based consultation approach Nation organiser guides participant identification and cultural protocol Respect internal governance structures – ‘Nation business is nation business.’ Respect for Senior Traditional Owners Seek permissions and introductions Support from wider cultural network Respect for contemporary First Nations governance and businesses

Flexibility The ‘consultation process is designed to take into account the broad views and desires of TOs’ (6)

‘Use of appropriate tools and mechanisms for recording and understanding Aboriginal objectives and outcomes’ (5)

‘Confirm preferred participation methods at the start of discussions with local TOs’ (5)

Recognise different needs of individuals, communities and nation Customise consultation process – Nation group choice over process Customise consultation tools - offering walks on Country, photo documentary, narrative style responses or guided questioning Give choice and control over the recording, use and storage of data Give options for locations and times Allow timeframes to shift and change

Collaboration ‘Collaboration and cooperation are typical enabling tools for achieving an extension of positive results’ (6)

‘A shared understanding of key terms is agreed and applied with TOs for the purpose of the consultation.’ (5)

Collaboration between Traditional Owners, NSW Department of Planning, Industry and Environment - Water, the Nation Organiser and Dhirranggal Solutions

Consultants and NSW Department of Planning, Industry and Environment - Water work consistently with the Nation Organiser to ensure cultural protocol is followed

Feedback from Senior Traditional Owners in each phase guides development of and content for the next (participant-guided research) Workshops are collaboratively facilitated Work together to define key terms and understandings

Quality Assurance Present ‘a fair-minded and balanced reflection of information provided’ (9)

Allocate ‘sufficient time and resources to ensure thorough efforts to identify and engage all relevant stakeholders.’ (p. 7)

Ensure information comes with culturally appropriate jurisdiction Use information from Senior TOs to guide process Senior TOs review drafts Categorise data consistently by location and participant type Use generic thematic analysis to collate findings Engage culturally appropriate consultants with experience with grassroots communities

Clear Communication ‘Clear information about water resource planning processes and content is provided to Traditional Owners.’ (p. 5)

Give information in diverse formats (hard copy maps, Google maps, video, PowerPoint, information sheets) and appropriate language Use workshops to present information about water planning Water planners present at workshops Appropriate lead-in time and interviewing Senior Traditional Owners builds community awareness about the consultation Data agreements explain purpose and scope of the consultation.

Building Tangible Outcomes

‘Includes information that goes a step further …about how outcomes for Aboriginal values and uses can be strengthened’ (6)

Ensure values and uses are translated into clear objectives and outcomes Give voice recordings and photos to Senior TOs for future use where possible Develop a nation-based stakeholder list for future consultations Set up a communication channel between Nation groups and NSW Department of Planning, Industry and Environment - Water Aboriginal

reps

Inclusivity and Accessibility

Ensure ‘comprehensive participation, opportunity for all relevant stakeholders to speak and have respectful acknowledgement of points of view’ (9)

‘Consultation with relevant Aboriginal organisations’ (6)

Offer workshops in different locations Choose culturally appropriate venues Provide upfront travel funding Provide choice of interview venue for Senior TOs Read draft report in person to Senior TOs for review

Indigenous Data Sovereignty

‘Use of appropriate tools and mechanisms for recording and understanding Aboriginal objectives and outcomes’ (5)

Give voice recordings and photos back to Senior TOs Use data use agreements with all participants Define and protect First Nations Cultural Knowledge Assist in development of culture-smart data for development of Murrawarri Data Sovereignty



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 (see Figures 1 and 2). With this approach, First Nations can assist government to make better decisions in water planning.

Governance structures of First Nations are complex and continuing to build processes for engaging with government. The engagement approach taken was guided by MDBA, NBAN, MLDRIN and accepted cultural protocols. It relied on the Murrawarri Nation Organiser and NBAN representative, Fred Hooper. MDBA states that 'the term 'Traditional Owners’ is used to refer to those with recognised cultural authority to speak for Country' (3) and guides States to identify appropriate Traditional Owners for consultation. The use of the Nation Organisers as guides is grounded in 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 have over their own knowledge, articulated internationally in the Indigenous Data Sovereignty movement. Indigenous Data Sovereignty is ‘the management of information in the way that is consistent with the laws, practices and customs of nation-states’.2 This movement is growing nationally too, with the understanding that localised data, controlled and accessed by First Nations people ‘can be part of the solution for Indigenous disadvantage’ in Australia.3 Local data can support local planning if it is ‘culture-smart’, ‘requiring internal mandate from groups that, in turn, enables internally-informed decision-making as the essence of sovereignty.’4

The contract signed between Dhirranggal Solutions and NSW Department of Planning, Industry and Environment - Water was negotiated to include 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. Murrawarri participants read through data use agreements which made them aware of the purpose of the research and the use of their knowledge, and signed consent forms, giving them options for the recording and storage of their individual data. Where possible, Senior Traditional Owners interviewed are given back their raw interview data for their own storage and purposes.

2 Snipp in Kukutai, T, and Taylor, J. ‘Indigenous data sovereignty and indicators: Reflections from Australia and Aotearoa New Zealand.’Paper presented at the UNPFII Expert Group Meeting on ‘The Way Forward: Indigenous Peoples and the 2030 Agenda for Sustainable Development’, UnitedNations, HQ, New York, Oct 22nd-23rd, 2015, p. 7. 3 The Australia and New Zealand School of Government. ‘Professor Ian Anderson to lead discussion of Indigenous data issues at ANZSOG/AIHW Conference.’ 23 February 2018. https://www.anzsog.edu.au/resource-library/news-media/better-data-indigenous-disadvantage-ian-anderson Viewed 9 May 2018. 4 Taylor, J. and Kuktai, T. ‘Report to the Academy of the Social Sciences of Australia on the Workshop Data Sovereignty for Indigenous Peoples: Current Practices and Future Needs. 9th-10th July 2015. https://static1.squarespace.com/static/58e9b10f9de4bb8d1fb5ebbc/t/59130192bebafb40ee63a221/1494417811584/Data+Sovereignty+for+Indigenous+People.pdf, Viewed December 2018.



2.4. Qualitative research methods The consultation was guided throughout by best practice principles for qualitative research, aligning with the principles of 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 align with general considerations in the Akwe: Kon Guidelines:

prior, informed consent of the affected indigenous and local communities; ownership, protection and control of traditional knowledge; and the need for transparency. (MDBA, p. 3)

Data Use Agreements and Participant Consent Forms defined the consultation process for participants as a sign to First Nations people that they and their knowledge are being treated with respect.

The research process was participant-directed, with Senior Traditional Owners choosing how to approach each phase and in which order. Data and feedback gathered from each phase shaped the process and content of the next. 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 [First Nations] objectives and outcomes.’ (5) 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. (4) A review process also ensured accuracy of reporting. Research methods employed formalise often-unrecognised internal cultural governance structures and leadership as frameworks with which to engage in this nation-based model.

2.5. Review of existing literature Given that much of the historical and contemporary literature about Murrawarri and other First Nations people has been written from a colonial perspective or without culturally appropriate consultation and collaboration, consultants were guided by the Nation Organiser and other Senior Traditional Owners in their choice of literature for review. Murrawarri Traditional Owners strongly recommended that data from previous reports be incorporated to acknowledge and make best use of the large amount of work that has already been done by the Murrawarri in the field of Natural Resource Management. Information gathered from the following sources has been included throughout the report. In the main, the findings of this report are collated mostly from the interviews and workshops conducted in this 2019 WRP consultation. Where information from the literature above has been included, this has been indicated either within the text or by referencing. Any work with the Murrawarri People’s Council in relation to water should take into consideration the first two reports particularly.

National Cultural Flows Research Project. Cultural Flows: Gooraman Swamp Cultural Flow Monitoring and Evaluation Plan. MLDRIN, NBAN and NAILSMA, 2017. <http://www.culturalflows.com.au/~culturalflowscom/images/documents/Gooraman%20monitoring.pdf>

Murrawarri People’s Council. ‘Murrawarri Nation Plan’ [DRAFT]. 15 July 2019.

‘Our water, our life: An Aboriginal study in the Northern Basin.’ Northern Basins Aboriginal Nations and Murray Darling Basin Authority, October 2016.

‘A Preliminary Cultural Survey of Woodshed, Sawmill and Burban Dam Paddocks on Weilmoringle Station.’ Phillilp Sullivan with assistance from Ngalina.



3. The consultation process The consultation process was designed by Senior Traditional Owners from the Murrawarri Nation in collaboration with Dhirranggal Solutions. The MDBA Part 14 Guidelines advise ‘a planned approach to properly engaging Traditional Owners [TOs], including identification and involvement of appropriate TOs’. (4) They suggest that for genuine engagement in water resource planning, Traditional Owners be consulted for two specific purposes: Information sharing/relationship building meetings and Technical workshops. To comply with these suggestions, previous culturally appropriate nation-based consultations for NSW WRPs have been based on Dhirranggal Solutions ‘Four Phase Culturally Appropriate Consultation Methodology,’ as follows:

Phase 1: Design and Development – Planning, literature review, development of consultation tools (question list and data agreements) and participant identification (stakeholder list).

Phase 2: Preparation - Face-to-face interviews with Senior Traditional Owners to share information, build relationships and guide planning of later workshops.

Phase 3: Consultation - Technical Workshops with the wider Murrawarri community to gather further input into the clauses of Part 14 on objectives and outcomes based on values and uses of water.

Phase 4: Analysis and Review - data analysis, report writing and Senior Traditional Owner review.

The Murrawarri consultation process operated according to a slightly different process, as guided by the Senior Traditional Owners. Following a request from the Nation Organiser, representatives from the Department of Planning, Industry and Environment – Water and Dhirranggal Solutions attended the Murrawarri Nation Planning workshop on 14th and 15th June, 2019 to build a preliminary understanding of Murrawarri water values, uses, objectives and outcomes and introduce the consultation process to Senior Traditional Owners. Dhirranggal Solutions presented the Four Phase methodology to the group, who adjusted the model as follows:

Phase 1: Co-design and development – To also include participation in the Murrawarri Cultural Flows Nation Planning workshop by consultants and the Department and co-design of the consultation process.

Phase 2: Workshop – An initial workshop with Senior Traditional Owners to inform participants about water planning in NSW and the Water Resource Plan process; to gather input on Murrawarri objectives and outcomes based on values and uses of water; and to make a decision about the need for subsequent interviews.

Phase 3: Interviews – If required, face-to-face interviews with Senior Traditional Owners and the wider Murrawarri community for further feedback to feed into the Water Resource Plans.

Phase 4: Analysis and review - Data analysis, report writing and Senior Traditional Owner review.

The mechanism of co-design gave the Murrawarri complete control and choice over the consultation process, transforming it from a one-sided consultation to more of a partnership, as suggested by Murrawarri Senior Traditional Owners. It is an improved strategy to meet the MDBA Part 14 guideline to ‘confirm preferred participation methods at the start of discussions with local TOs’ (5).

This section of the report provides detail on the consultation process undertaken with the Murrawarri people, indicating new practices implemented and making recommendations for further rounds.

3.1. Phase 1: Co-design and development In Phase 1, NSW Department of Planning, Industry and Environment - Water engaged the NBAN Nation Organiser, Fred Hooper, to provide cultural guidance and help facilitate the consultation



process. On his request, Department representatives and consultants, Dhirranggal Solutions, participated in the Murrawarri Cultural Flows Nation Planning workshop on the 14th and 15th June 2019 at the National Parks and Wildlife building, Bourke. The meeting was attended by the following representatives:

Table 4. Attendees – Murrawarri Cultural Flows Nation Planning Workshop.

Organisation Attendees

Murrawarri Nation Tribal Council Sharon (Ruby) Dykes, Vera Nixon, Josie Byno, Lorene Coffey, Phil Sullivan (Senior Traditional Owners); Steve Greentree (Community representative)

Northern Basin Aboriginal Nations Fred Hooper (Chair NBAN, Murrawarri WRP Consultation Nation Organiser, Murrawarri Senior Traditional Owner); Sonia Yeung (Cultural Flows Project Officer)

Department of Planning, Industry and Environment

Darren Murray (Principal Aboriginal Cultural Liaison Officer); Donna Kennedy (Aboriginal Planning Officer)

Dhirranggal Solutions Jason Ford (Director, Cultural Consultant); Alexandra Dixon (Sub-contractor – research and writing)

This meeting achieved the following key outcomes:

Some background information obtained for consultation report on the Murrawarri Nation and Murrawarri water values

Presentation by Dhirranggal Solutions on consultation process, including introduction by NSW Department of Planning, Industry and Environment - Water

Relationships built and trust established between NSW Department of Planning, Industry and Environment - Water, Dhirranggal and Murrawarri Nation reps

Co-design of plan in collaboration with Murrawarri Senior Traditional Owners, according to their particular needs.

3.2. Phase 2 – Workshop As per MDBA guidelines, this workshop invited Traditional Owners to give input on their objectives and outcomes based on their water-dependent values and uses. It was also a platform to give information about the water planning process and to build a relationship for future consultation.

3.2.1. Workshop participant data The workshop was conducted on the 9th August 2019 at the Brewarrina Central School Community Hub. A total of five Murrawarri Senior Traditional Owners, including the Nation Organiser, and one interested community member attended.

Table 5. Participant Data: WRP Consultation Workshops*.

Date Town Venue TOs TTL

M F MDBA Guests Department of Planning, Industry and Environment

TTL

09 August 2019

Brewarrina Community Hub, Brewarrina Central School

5 2 3 2 1 5 13

TO = Murrawarri Traditional Owners; MDBA = Murray Darling Basin Authority representatives; Guests = non-First Nations guests



Figure 4. Murrawarri workshop, Brewarrina, 9 August 2019.

Figure 5. Murrawarri workshop, Brewarrina, 9 August 2019.

3.2.2. Workshop outline NSW Department of Planning, Industry and Environment - Water worked with the Nation Organiser and consultants to plan the workshop. The workshop ran to the following agenda:

Time Description

10:00 – 11:00 am Information session (Department of Planning, Industry and Environment – Water and Dhirranggal Solutions)

11:30 am – 12:30 pm Feedback session – values and uses/risks and impacts

1:00 – 2:00 pm Feedback session – objectives and outcomes

2:30 – 3:00 pm Review and next steps



3.2.3. Information session An important aspect of the workshops was the provision of information on water planning from NSW Department of Planning, Industry and Environment - Water staff. The MDBA Guidelines state that ‘clear information about water resource planning processes and content is provided to TOs.’ (5) An information package handed to each individual, supplemented by full colour maps, along with a presentation by NSW Department of Planning, Industry and Environment - Water, outlined the water planning process. The scope of the consultation was clearly explained. As a result, conversation was more focussed and participants were well informed. The meeting was attended by two representatives from the Murray Darling Basin Authority and a water planner from the Department of Planning, Industry and Environment, who answered specific questions and shared data tools with participants.

3.2.4. Feedback sessions Most participants were happy to provide feedback in guided discussion, using the information package for prompting. A variety of facilitation techniques were employed. Information gathered from the initial literature review in phase 1 was used to give examples and prompt thinking around the categories (values, uses, impacts, risks, objective, outcomes). Open, but directed questions elicited further feedback on categories. Overall, the workshop built relationships and trust between the grassroots Murrawarri community and government. Many participants were positive about the nation-based consultation process. Towards the end of the workshop, participants continued to co-design the process by deciding on next steps for the consultation, providing a list of Senior Traditional Owners for interviews.

Table 6. Community WRP workshops.

Community WRP workshops

Key actions and outcomes Good prior understanding of workshop requirements by participants given the participation of department staff and consultants in the Murrawarri Nation Planning workshop.

NSW Department of Planning, Industry and Environment - Water worked with Nation Planner to coordinate logistics: venues, food, dates etc., all culturally appropriate and safe.

Smooth and successful facilitation of workshops, shared between NSW Department of Planning, Industry and Environment - Water and consultants.

Invitations via Nation Organiser were appropriate for this size Nation.

Data use agreements received well.

Comprehensive feedback for WRPs gathered.

Water planner shared data and information.

MDBA representatives were able to explain federal requirements.

Feedback on consultation process gathered.

Good turn-out at workshops – also included historically connected First Nations people and invited non-First Nations guests.



Community WRP workshops

Recommendations Option for written submissions be advertised early in the consultation.

Although not necessary in this round, transport should always be offered.

Use a range of mechanisms to gather feedback as appropriate in each community.



3.3. Phase 3 – Interviews As the knowledge holders and heads of family groups within the contemporary cultural framework, Senior Traditional Owners, suggested by the Nation Organiser and consultant, participated in face-to-face interviews in August and September 2019. Feedback gathered provided additional data on Murrawarri water values and objectives to supplement feedback from the workshop.

3.3.1. Face-to-face interview participant data In total, seven Traditional Owners were interviewed in Phase 2. The table below represents participant data for one male and six females from four different communities. Fair representation for Culturally Appropriate Consultation is measured not by numbers, but by inclusiveness of family groups and communities. These Senior Traditional Owners were recommended by the Murrawarri Nation Organiser to provide wide representation of people in the Murrawarri Nation.

Table 7. Participant data: Senior Traditional Owner face-to-face interviews.

Date range Towns M F TTL

24 September 2019 to 13 October 2019

Brewarrina, Goodooga, Bourke, Weilmoringle 1 6 7

3.3.2. Data Use Agreements and question lists

3.3.2.1. Data Use Agreements

Data Use Agreements, developed as a key component of culturally appropriate consultation, enable nations and individuals to play a part in the management and control of their information. These were revised in Phase 1 of the Murrawarri consultation by consultants, supported by the Nation Organiser. Two different agreements were created: for face-to-face interviews and workshops (Appendices C and D). These defined:

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 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) Defining data use safeguards First Nations Cultural Knowledge, but reduces flexibility. As data gathered during the consultation can only be used for WRPs, participants will need to either be reconsulted for further water planning or approached to release the knowledge again. This highlights the need for Murrawarri controlled data storage options. Notes from the workshops are currently being held by Dhirranggal Solutions, providing a temporary storage option while the Murrawarri Nation institutes its own data governance procedures.

3.3.2.2. Question List

Dhirranggal Solutions revised the question list developed with NSW Department of Planning, Industry and Environment - Water in the previous consultation (App. E). This was used for face-to-face interviews as a tool to encourage conversation, shape interviews and ensure comprehensive coverage of information. This was useful to have as a guide, but was not always needed as interviews adopted a flexible, participant-controlled approach, often structured in a free-flow narrative style.



3.3.3. Face-to-face interview process

3.3.3.1. Participant identification

Senior Traditional Owners (STOs) 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 and Senior Traditional Owners in the workshop.

Further suggestions from interview participants, while on the ground

To guarantee the process was controlled by the nation, as is culturally appropriate, consultants exercised a high degree of flexibility with time, interview and travel arrangements.

3.3.3.2. Interviews

After taking time for a cultural introduction, consultants read through the data agreement with participants. To ensure the process was culturally appropriate, Senior Traditional Owners were encouraged to make choices about how they would like the interview conducted, including choice of venue, food, recording options and a walk ‘On Country’. All participants were happy to be interviewed indoors according to the question list.

The responses from the Senior TOs in these interviews provided additional data to augment that gathered in the workshop. Information from these interviews was organised into five themes: Healthy Country, Healthy People; Cultural Continuity and Revival; Murrawarri Lore/Law (Governance and Jurisdiction); Equity and Reparation; and Partnerships and Communication. 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. ‘Impacts’ was 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 Murrawarri water-dependent values and uses.



Table 8. Face-to-Face interview process.

Face-to-face interview process

Key actions and outcomes First Nations Cultural Knowledge safeguarded with data use agreements.

Data use agreements formalised the relationship between NSW Department of Planning, Industry and Environment - Water, the Murrawarri Nation and participants; enabling Free, Prior and Informed Consent, a safe environment in which to share knowledge and choice of data storage options.

Murrawarri STOs chosen, approved and introduced through Nation Organiser and the Murrawarri consultant with cultural authority, according to the culturally appropriate methodology.

Choice of location and process offered flexibility.

Comprehensive feedback gathered to augment workshop data.

One-on-one interviews provided those not comfortable with speaking in a workshop environment a further chance to contribute.

Recommendations Senior Traditional owners are paid for their time.

On Country walks are encouraged.

Data Use Agreements remain in their current revised form for use for future consultations.

That longer-term possibilities for data storage and obtaining permissions are investigated by NSW Department of Planning, Industry and Environment - Water for future consultation.

3.4. Phase 4: Analysis and review 3.4.1. Analysis A process of generic thematic analysis was used to organise data from workshops and interviews. Patterns in responses were identified as ‘subcategories’ under the ‘categories’: values, uses, risks, impacts, objectives and outcomes. Relationships between emerging ‘subcategories’ were compared, connected and grouped into sets of similar responses in each category. Larger themes were drawn from responses and subcategories. Murrawarri data was organised into five broad themes. To ensure a First Nations’ interpretation, the cultural consultant contributed to the development of subcategories, themes and responses. Data from workshops and interviews were organised by theme, subcategories and key responses to categories. Themes are presented in a narrative style, categories in tabulator form based on themes and subcategories. Key responses to each category are illustrated by quotes and listed in order of frequency mentioned. Although frequency is used to prioritise responses, it is important to note this does not measure relative importance of responses.

3.4.2. Review As part of the co-design process, the Murrawarri Nation chose to conduct a review of the draft report in another workshop. As not all Senior Traditional Owners were able to attend the initial review workshop, the Nation Organiser took the report to two extra representatives for further review. In total five traditional owners, including the Nation Organiser, reviewed the draft. Further suggestions, including photos, were made by the Nation Organiser via email. This phase was received positively. It built more trust by giving immediate feedback to Traditional Owners and



ensured their voices were a key part of the overall shape of the report, acknowledging their cultural authority. Participants made some significant suggested changes, including adjustments to themes and additional data. Traditional Owners were happy with the complexity of information captured.

Table 9. Analysis and review.

Analysis and review

Key actions and outcomes Thematic analysis provides quality assurance and a basis for objective analysis of data.

Review participants were impressed with the level of information captured and how it reflects their values, uses, objectives, outcomes and the Murrawarri Nation’s aspirations.

The review process further established a relationship between the Department, Consultants and TOs based on trust and respect.

Important feedback on the draft findings section was incorporated into the final report, including: spelling, additional detail for subcategories, additional objectives.

The review process clarified the priorities of Murrawarri objectives.

Providing a choice of options for review was culturally appropriate: location-based consultation made the review more accessible for some Traditional Owners, while others preferred email.

Recommendations Review phase remains with Senior Traditional Owners only.

3.5. Overall data The table below displays the total number of Murrawarri people consulted in all phases.

Table 10. Total participant data.

Total participant data

Total No. of Murrawarri Participants 10

Total Male 2

Total Female 8

The map below shows the location of Brewarrina and Bourke, both approximately 800 kilometres from Sydney, NSW.



Figure 6. Workshop locations of Brewarrina and Bourke, NSW.



4. Findings: Themes5

4.1. A sovereign people of the Murrawarri Republic

Figure 7. Flag of the Murrawarri Republic.

The Murrawarri Republic is a sovereign self-determining nation with rights as recognised in international treaties and covenants, to which Australia is a signatory.6 Their national interests are administered through the Murrawarri People’s Council, allowing Senior Traditional Ownership structures and traditional governance to be respected. Murrawarri Country sits in North Western New South Wales, taking in the towns of Weilmoringle, Enngonia and North Bourke. Rivers on Murrawarri Country include the Culgoa, the Bokhara, Warrego, Birrie, Nebine and Darling.

‘Water is the lifeblood of the Murrawarri Nation.’

As ‘river people’, Murrawarri people have water at the core of their cultural identity. ‘We’re river people, and we love the river, we love going down to the river, you know, and seeing water in the river.’ The sovereign Nation of the Murrawarri Republic enables the continuity of ownership, custodianship, and traditional cultural practices of the Murrawarri people on their own Country. These practices are intimately connected with water and water systems. ‘We rely on our water and that's for livelihood, cultural things and other purposes.’ Many cultural sites on Murrawarri Country are reliant on a naturally flowing, connected water system. These sites, such as Gooraman Swamp, the Murrawarri section of Narran Lakes (South-Western), Garera Springs and the Nghunnu (fish traps) have deep significance for the Murrawarri people, as locations where they conduct ceremony, hold Nation gatherings and connect to their Dreaming. Their creation being, the Mundagudda or Rainbow Serpent, residing in a spring near Weilmoringle, is of extreme important to the Murrawarri people and culture. Murrawarri people also have strong connections to natural elements requiring water, particularly the River Red Gum, for spiritual purposes.

In recent years, the Murrawarri Nation has been working hard to secure the interests of its people in water management as a key member of the Northern Basins Aboriginal Nations (NBAN) alliance and a signatory to the NBAN treaty. They have a strong focus on securing cultural flows, as defined in the Echuca Declaration, to continue their ownership, custodianship and cultural practices. Gooraman Swamp, a Murrawarri cultural site near Weilmoringle, was surveyed as part

5 Information contained in this section is First Nations Cultural Knowledge of the Murrawarri Nation, provided for the development and accreditation of Water Resource Plans. The views expressed in this section are those of the Murrawarri Nation and not necessarily those of the NSW Government 6 Murrawarri People’s Council. Murrawarri Nation Plan [DRAFT]. July 15, 2019.



of the National Cultural Flows Research Project in 2017.7 The Murrawarri people are developing a water policy for their Nation, to be administered through a sovereign trust and the Murrawarri People’s Council.

This section of the report presents the findings of the nation-based culturally appropriate consultation process, conducted with the Murrawarri people from June to October 2019, to determine their objectives and outcomes for their water-dependent values and uses. Feedback is presented according to these categories, as defined by the Murray Darling Basin Authority, and further organised by five themes: Healthy Country, Healthy People; Cultural Continuity and Revival; Murrawarri Lore/Law (Governance and Jurisdiction); Equity and Reparations; and Partnerships and Collaborations.

As the Murrawarri worldview sees all natural elements as interconnected, these themes themselves have strong crossovers and links. For the Murrawarri, all elements of their Country have tangible and intangible values. For example, a tangible value of Gooraman Swamp is as a meeting place, the dreaming stories surrounding it are its intangible values. Elements of the ecosystem aren’t seen just for a single purpose. Water connects all the categories and themes presented here and, most importantly, enables the continuity of Murrawarri people, practices and identity.

‘They are the things that I think about when I think about the water you know. How we enjoyed our rivers. There's so much about the river that people depend on and I don't think our country be should be ruined I don't think we should go and see dry riverbed, dry lakes.’

‘Water gave you everything, you know, life. You just never even realise that, you know there'd be no bloody water available.’

4.2. Murrawarri Nation’s international rights Signed up to by Australia and the United States through International Treaties and Covenants

Aside from the rights under the Murrawarri Constitution the Nation also has international rights, which have been set down by the families of the world through the United Nations.

These rights are set out in the following Conventions, Covenants and Treaties to which the Commonwealth of Australia is party to:

Resolution 1541 (XV) VI; Resolution 61/295; Resolution1/2 of 29 June 2006; Resolution 61/178 of 2006; A/R/Res 69/2 2014; United Nations Declaration on the Right of Indigenous Peoples; International Covenant on Civil and Political Rights; International Covenant on Economic, Social and Cultural Rights; United Nations Framework Convention on Climate Change; Kyoto Protocol; Convention on Biological Diversity; Ramsar Convention; Second International Decade on the World’s indigenous People; and Convention on the Elimination of all forms of Racial Discrimination.

7 National Cultural Flows Research Project. Cultural Flows: Gooraman Swamp Cultural Flow Monitoring and Evaluation Plan. MLDRIN, NBAN and NAILSMA, 2017. <http://www.culturalflows.com.au/~culturalflowscom/images/documents/Gooraman%20monitoring.pdf>



4.3. Healthy country, healthy people ‘We need water for our own personal use, enjoyment, satisfaction and we need water for

our wildlife and our environment.’

As with all First Nations people, the Murrawarri are intimately linked with their Country. Their health and wellbeing depends on a healthy environment. Water is inseparable from the concept of Country and is fundamental to life for Murrawarri people. ‘Water to me is like veins in my blood system. It goes right to your veins, to your heart. That’s what water is to me.’ The Murrawarri people value a connected water system with natural flows to keep water bodies healthy and sustain all life. ‘Everyone would swim around in the water to meet the water coming down. That's one of our memories of it, see?’

Animals and plants all need water to survive and thrive, contributing to the biodiversity of Murrawarri Country. The Murrawarri emphasise the importance of water for all living beings. For example, ‘Spinifex in the Ledknapper needs to have the water from the sky.’ Murrawarri people are intimately connected to plants and animals on their Country, which used to be bountiful. ‘Of an afternoon we’d sit there and watch the birds come back to Gooraman swamp and sometimes we couldn’t see the sun.’

When Country is healthy, the Murrawarri people are also healthy, both mentally and physically. The daily use of water for domestic activities has always been important to the Murrawarri. ‘We used it for things like washing, drinking, bathing everything.’ Murrawarri families and community gather around water regularly for social and recreational use. ‘My mum and dad used to pack our stuff and take us down and we'd have a full day on the river…and you know, for feed you'd catch a fish. The kids would just play and swim, and fish for yabbies or whatever. But you know, that sort of stuff don't happen anymore.’ Water bodies have always been a major source of sustenance for the Murrawarri. ‘And our people, Murrawarri people, lived off the river.’ ‘That's how our people live longer: healthy, fresh fish, booglies [yabbies].’ The sounds, sights and mere presence of water also sustains the mental health of Murrawarri people. They use water ‘to give you that flourish. To give you that feeling that, you know, it’s there, to give you that really good feeling.’ ‘I reckon we feel safer knowing that there’s water in there, it’s a kind of sort of spiritual thing too, that goes with that. Knowing that it’s there.’

In recent years, however, the Murrawarri Traditional Owners have noticed major changes to their Country, an impact of declining water health. Water bodies are often dry or water levels very low. ‘Birrie river out there, it's bone dry just like our Bokhara river.’ In their own lifetimes, they’ve seen major changes in water quality, flow and seasonality. ‘We hardly get any water now as it is but before back years ago we used to get flood water nearly every year.’ Murrawarri traditional owners are concerned about the impact this is having on biodiversity. ‘So environment is really going to suffer like our wildlife.’ For example, ‘We don’t see any blackbream.’

These changes are having a major impact on the physical and mental wellbeing of the people, leaving them with a feeling of uncertainty. ‘Not knowing what’s going on, and how we’re going to survive with water.’ ‘It’s horrible when there’s no water in the river and it’s dry. It looks so sad, makes you sad.’ ‘When the waters are not flowing, the people are sick.’ ‘The Murrawarri are unable to enjoy family time as easily. ‘We always go down to the river, eh, taking our family. But when there was no water, we didn’t go anywhere.’

The Murrawarri people would like to see water on Country functioning as a natural, flowing, connected system again. ‘Let the water flow, let the rivers run like they always did’, ‘a constant, steady flow all the time.’ They would like to see seasonal floods as they did in the past to support biodiversity and ecology. ‘We need to have a flood through there now and then. This created the Culgoa National Park. The flood brought these resources up.’ This would have a major impact on biodiversity and the environment. ‘Plants and animals would be alive.’ Healthy water systems would also help improve the health and wellbeing of Murrawarri individuals and the community. ‘We can beautify our community, make it look nice and green and fresh.’ ‘Let our grandchildren, great grandchildren, now enjoy some of the things that we enjoyed from the water.’



4.4. Cultural continuity and revival The cultural identity of the Murrawarri Nation is intimately connected with Country and water. ‘We are known as two types of people – river people and Gidgi people.’ Murrawari cultural practices, including ceremony, Nation gatherings and hunting/gathering practices, are reliant on healthy Country and water systems.

Since time immemorial, Murrawarri and other Nations’ peoples have met on Country for gatherings and ceremonial purposes. ‘It's a big meeting place going to the river, for us, for the Murrawarri people and that's where we, we do our corroborees, and have big feeds and, having a yarn with different families and everything; connect, tell stories to the younger ones.’ There are a number of specific Murrawarri cultural sites that are reliant on water. These cultural sites all hold a number of tangible and intangible values for the Murrawarri. Most have deep spiritual value. For example, the Gooraman swamp is ‘used to talk to our ancestors.’ ‘That spiritual connection too, you know, that coming to the river, having water in there, that highlights the spiritual, cultural ways, you know?’ Some of these sites have ceremonial value. ‘Narran Lakes is one of the biggest continental values for many Nation groups, including the Murrawarri. It’s where we come together to have marriage ceremonies and other things.’ There are also sites that connected to Murrawarri dreaming. ‘We're dependent on water to keep our spring as when the river rises our spring fills up and that's connected to our dreaming stories, the Mundagadda, the rainbow serpent.’

Many water-dependent cultural sites are used for hunting and gathering. ‘This Gooraman swamp place, this goes right back to our ancestral days too. We’ve got photos back home of our elders paddling around there in the bark canoe, on Gooraman swamp. Yeah, so that’s a special place.’ The gathering and eating of bush tucker has always been a big part of Murrawarri culture. ‘When old Uncle was a kid he’d go up there in the canoe and connect all the birds eggs from Gooraman Swamp.’ We’d ‘go out and make a little line with cotton, put a bit of meat on the end and tie it onto a stick and throw it in and get four or five crayfish, ten, twenty. I remember once … my father took us out there we took bags, billy cans we came back with them all full.’

Such cultural practices have been passed on over time from one generation to the next. ‘We take our kids onto the river. Making them more aware of what’s in the river and how to look after the river.’ ‘The old people will say to you, 'Listen. Listen, that's the Mundagadda can ya hear it? It was always a very deep drumming noise. And you know, them sort of...just stories around that, where it come from and how it got there and all of that sort of stuff.’

The Murrawarri Nation note that their people are now unable to practice culture in these ways. Bush tucker is diminishing as water systems become more strained. ‘It's bone dry and you can't even get, you know we don't even know if some of the kids really know what booglies [yabbies] are to tell you the truth.’ ‘One thing we haven’t got there are the eggs of the bird. Old emu eggs.’ Declining wildlife also impacts on the Murrawarri totemic system. ‘It won't be long before all our totems will die out. And see that's another thing that's spiritual and valuable to us.’ ‘From a spiritual point of view, the totemic values would diminish due to the Murrawarri Nation having their totems connected to air, land and water. Even now, without fresh water, these are already threatened to the point of extinction.’ There is limited water available to maintain sites. ‘All those lakes and swamps are all dried up now.’ ‘We’re going to lose the Munda-Gadda.’ ‘You just think well what's gonna happen to that sort of [dreaming] story.’ Cultural connection to Country is further lost as Murrawarri people move away. ‘Because there’s no water a lot of people have left and big conglomerates are buying up the land and local people are leaving.’

The Murrawarri people would like to see water systems revived so they can continue their cultural practices. ‘Narran Lakes would fill up. Reconnect our people to Narran Lakes. Revive culture.’ More continuous flow would help maintain their dreaming sites. ‘We still need the fresh water to come in. You know, to keep our spring there. That's our dreaming story.’ Murrawarri people would like to be able to hold more cultural events to connect people with community and Country. ‘I'd like to just say, when you’ve got water in there you know, you can do a lot of things, you know, we



might even highlight Weilmoringle you know, have something going out there. Even have a corroboree or something like that. Have things down the river. Have fishing comps. Events and that.’ The Murrawarri Elders would also then be able to continue to pass their culture on to the next generation. ‘We’re the last of our elders from Weilmoringle like for our Murrawarri people out there. And we’ve got all these kids under us, and the younger generation under us, and they’ll have to take over from us sometime, we’re not trying to be here forever.’

Figure 8. Enngonia, NSW.

4.5. Murrawarri Lore/Law (Governance and Jurisdiction) ‘Our Elders have one legislation - the Murrawarri legislation.’

The Murrawarri Nation of people are a sovereign people as defined within the Murrawarri Declaration of Independence Nation and the Murrawarri Constitution. Governance of the Murrawarri Nation builds on traditional First Nations governance structures connected to thousands of years of culture, passed down through generations. Murrawarri Lore and Law refer to ownership, management and jurisdiction practices administered by The Murrawarri People’s Council and People’s Administration.

The Murrawarri Nations have always been owners and managers of Country under their jurisdiction. They have certain obligations to care for Country. With regards to water, Murrawarri traditional owners must ‘fulfil [their] requirements under Continental lore/law to allow water to flow to that nation below us, because of that connectivity.’ The Murrawarri has lived sustainably with their environment for millennia, following certain practices to care for Country, including careful and ongoing observation. ‘We look at our environment, and see what’s around in our environment. Our trees, and what grows along the river. Not only that, you know, your animals, your birds, your fish, all the living creatures.’ ‘Before when I was a young fella I used to watch the clouds come from the west and you could see it was going to create rain because of the moisture of the trees.’ Certain plants and animals are used as ‘indicators’ to ‘help us know when to go on Country.’ ‘We stay away from the water when the fish are doing their business.’ Other traditional cultural practices for managing water include rain making ceremonies.



Water management practices by Australian state and federal governments haven’t allowed for the Murrawarri to practice their ownership and management as well as they could. The Murrawarri people are concerned that current water management practices are ‘a risk to our Nation plan and overall mission statement in our nation plan.’ They feel they may not be able ‘to achieve the aspirations in our nation plan without tangible water allocation.’ Current management practices don’t encompass Murrawarri worldviews and aspirations. ‘They dont (represent us). That's what most government is doing. They just going to that little group of people there and then...you know, it doesn't get out, right out there to everybody.’ ‘You can't have someone down there to rule what's going on up here.’ As owners and managers of Murrawarri Country, the Murrawarri Nation need to be in charge of their own water. ‘They shouldn't do that to our water, that’s OUR water.’ There is a consequent lack of employment opportunities on Country for Murrawarri people.

The Murrawarri people want to be able to manage their own water needs to continue their role as owners on their Country. Their aspirations will be articulated through the ‘development of a Murrawarri water policy to fit within the Murrawarri Nation Plan.’ The Murrawarri water policy will articulate ‘a planning process for the whole Nation’, which would yield ‘consistency of consultation.’ A Murrawarri water management committee would ‘work through the sovereign trust’, meaning ‘Senior Traditional Owner structures would be respected’ and ‘traditional governance would be acknowledged.’ The Murrawarri Nation wants ‘all government departments to communicate through the Murrawarri People’s Council’ and in turn, ‘Murrawarri employment or representation in government.’ ‘They gotta listen. Not make decisions for us, for the Murrawarri people.’

To accompany their aspirations to their own water ownership and management ‘Murrawarri want employment for their people on Country and off Country.’ Training and development strategies could build the skills capacity of Murrawarri people in water management and monitoring roles, such as water rangers. ‘You know what I’d like to do? I’d like to be able to measure the water level. And the quality. You know, someone that goes out and measures it.’ This would ensure that ‘water quality and flow is monitored properly from a cultural perspective.’ The Murrawarri Nation would also like to develop their own ‘economic enterprises’ on Country, ‘including a nursery, gardens, fish farms and cultural tourism’, as well as a ‘Murrawarri native plant/food research and development centre’.

4.6. Equity and reparations ‘We need to change the status quo.’

To enable the Murrawarri Nation to properly manage the water and Country under their jurisdiction, inequitable practices, past and present, must be addressed through systemic change, redress and compensation. The Murrawarri Nation stress that water is an inherent right. ‘It's our right to have water, it's our right.’ ‘Our water should be free. We shouldn't have to pay to have some water come down in our river.’ They value the sharing of water equitably across stakeholder groups. ‘Let everyone share the water.’

The Murrawarri Nation feel that current water management practices are extremely inequitable. ‘I reckon the State is giving too much power away to the big people...To the cotton farms and everything...Irrigators and everything.’ Excessive infrastructure, such as dams and weirs, supporting industry, impact on natural flow. ‘Like down from here to home, you can pass hundreds of bloody big dams. Hundreds.’ ‘What’s stopping our water coming down from QLD is Cubby Station. They’ve diverted the flow.’ The Murrawarri Nation believe that water has been over-allocated under water licenses, also impacting flow. ‘I think the State, they give them too much right to the people where they can pump water out and do what they want to do with it.’

The Murrawarri people feel that the current system is based on the commodification and the commercialisation of water and is encouraging corporate greed. The government is ‘holding back water to make money. They're selling water to make money. So the risks is how long are they going to do it? When are we gonna have some choices?’ The current water allocation system and the water market makes it very difficult for the Murrawarri Nation to achieve their aspirations and inherent rights to water, given the ‘under-resourcing of the Murrawarri people.’ ‘We can't buy water.



We haven't got money.’ They feel powerless within this system. ‘We haven't got any say about our water system. We could go and beg the government tomorrow to let water down here into our river but you think they'll give it to us? They won't give it to us.’ The Murrawarri Nation feel that they will never get back what they’ve lost under the current system. ‘When we had a flood the water would twirl like a big boiling kettle and it'd just roar. There's no way in the world we'll ever have that back again because the government took it all away from us with all their water rights and things.’ They also acknowledge that this impacts many people who should have rights to water. ‘It’s not only us as Murrawarri people who suffer. There’s a lot of people downstream, you know, the European graziers downstream, they need water, we’re all in the same boat when it comes to the water.’

The Murrawarri Nation would like to see current practices changed and allocations further restricted. You know, they should be told, 'You can't pump no more'. ‘Give the river a break or something.’ They wish to see a new system of water management which would be more equitable. ‘Not just giving all the water away to the minority while the majority sits on the river.’ The Murrawarri Nation would like to fulfil its own aspirations to water management and ownership with a Nation-based allocation. ‘We want Murrawarri water to achieve our cultural flows.’ This would support their social, cultural, economic, environmental and spiritual needs in a variety of ways. For example, ‘with the water in the river, we can all get together as a community out there and make a big community garden, you know.’

Figure 9. Murrawarri Country.

4.7. Partnerships and collaboration ‘The NSW and the QLD government should come together, you know with the Murrawarri people and you know all them other clans and you know, talk. Because it is affecting us.

Affecting us all.’

The Murrawarri Nation would like to build stronger partnerships and communication strategies with governments, other First Nations and other stakeholders for the progression of their water goals. In Partnerships and Collaborations with other stakeholders, the Murrawarri Nation value strong relationships, respect and mutual support. ‘Support each other and support the others who are trying to do their best to get involvement in it and learning more, you know, and I appreciate everyone who are trying, working in Murrawarri environment, working together’. They value regular consultation and transparent communication. ‘And when we go to our meetings we talk about what's important to us and how we're going to better those things that are important to us.’

The Murrawarri Nation feel that water management practices to date, as driven by state and federal governments, haven’t incorporated their worldview as key stakeholders. ‘The government don't value the water system, the way we value the water system.’ ‘We see all of it as interlinked whereas government departments only see it separately.’ The Murrawarri Nation feel this is exacerbated by the location of government departments off Country and not enough outreach. ‘No. They need to get out and come and talk to the people instead of sitting behind the office. Desk and offices and that.’ The Murrawarri people also feel consultation practices between the Murrawarri Nation and government have been poor. ‘No one’s communicating.’ ‘I think they had one town meeting here I think, but I didn't know that till it was over. Yeah you don't get a letter drop or... something goin’ to the radio sayin’ there's gonna be a meeting about the river.’ The Murrawarri



Nation feel that decisions are made without their knowledge. ‘You know it doesn't look like to be an outcome for the Aboriginal people. Who decided all of that anyway in the first place? Because they didn't come and ask the people, not that I know of.’ They also have less knowledge of water management practices than they would like. ‘I haven't got any understanding of it at all because I haven't been told anything about it.’

To be able to build the strong, effective partnerships the Murrawarri Nation desire, government consultation needs to be more regular, well promoted and culturally appropriate. ‘Involve us - get us more involved in coming along to the meetings and coming along listening. Even if we’re just sitting there listening.’ As a people with traditional ownership and management practices, the Murrawarri Nation value knowledge of their surrounding environment and current planning tools to inform their position and involvement in partnerships. ‘I’d love to know more about the water. And where it goes, and how it gets sorted out between the farmers, the environmental and the cultural flows.’ ‘How to better understand government policies.’ ‘I'd like to know more about the planning, and you get more involved in it, you see?’

In building a partnership with the Murrawarri Nation, government needs to respect their sovereignty and goals as a Nation. ‘Government Departments [should] follow local cultural protocols as outlined in the Murrawarri Nation Plan.’ The Murrawarri Nation also respects there are other stakeholders impacted by water management. ‘You’ve got graziers using that same water. I don’t know the agreement with the graziers and the water planning that comes down, the environmental water and the cultural.’ They want to understand their role and work with them more closely. The Murrawarri Nation is developing its own water policy and would like to be able to make its own choices about water management on its Country in partnership and collaboration with government. ‘They gotta listen. Not make decisions for us, for the Murrawarri people.’ ‘One objective would be for governments to meet us on a term that's sorta equal to them. We give them our point of view, they sit down and they listen to us. They just don't go away and still do what they want to do with the water system. They do some of the things that we want.’ ‘You need to come from us, we need to have more commitment to do that.’



5. Findings: Categories8

5.1. Values and uses Table 11. Values and uses: Sub-categories by theme.

Themes Sub-categories Detail

Healthy Country, Healthy People

Biodiversity Animals: gulbries (emus), bundah (kangaroos), porcupine (echidna), googar (goannas)

Aquatic Life: booglies (yabbies), mussels, water spider, catfish, turtles Birdlife: Use of the lakes, pelicans, brolgas, red-crested robins, blue crane, bush turkey, willy wagtail

Plants: River Red Gum, Spinifex, Blackbox, Bimblebox, Lignum, Ruby saltbush, Coolabah, water reeds.9

Social and recreational

Family, youth, fishing, swimming, picnics, meeting people, canoes, living by river, children’s play, fun

Domestic Washing, drinking, bathing

Water as life Subsistence, survival, veins; blood, reliance on water

Healthy water system

Connection, natural flow, floods, consistent flow

Water bodies Natural springs, lakes, rivers, waterholes, swamps, lagoons

Health and Wellbeing

Visual beauty, positive feelings, enjoyment, sounds of water, memories, safety, bush tucker, gardens and lawn, walking, connection to river, social-emotional health

Cultural Continuity and Revival

Bush tucker Animals: Booglies (yabbies), cod, catfish, crayfish, black bream, health and wellbeing, birds eggs, Gooraman Swamp, mussels

Plants: quandongs, naipans, leopard wood gum, ruby saltbush, old man saltbush, bumble tree (male and female), goming (local bush tomato)

Techniques: canoes, meat on cotton (yabbies), campfires

Cultural practices Bark canoes, cultural ceremony, marriage ceremony, corroborees, teaching and learning, intergenerational knowledge transfer, story telling, cooking Johnny Cakes

Caring for Country Observations, Monitoring water levels and quality

Cultural Identity River people, Murrawarri language, Murrawarri legislation/lore, Murrawarri worldview, connection to Country, specific cultural sites, totems

Spirituality Dreaming beings (eg. Mundagadda), spiritual safety, communication with ancestors

Environmental Indicators

Mussels as a measure of river health, fish breeding season, hunting/gathering times

8 Information contained in this section is First Nations Cultural Knowledge provided for the development and accreditation of Water Resource Plans. The views expressed in this section are those of the Murrawarri Nation and not necessarily those of the NSW Government 9 For a comprehensive list, see Dykes, Peter and Miller, Kat. ‘Plant Species Having a Moorawarri Cultural Value. Department of Natural Resources, Far West Region, NSW, 2006.




Cultural Sites Meeting places, Protection of cultural sites

Specific sites: Mundagadda waterhole, Ngunnhu (fishtraps), Garera Springs, Diamunga Swamp, Warrego River, Tego Springs, Barwon/Darling River, Dinawan camp, Murrawarri Section of Narran Lakes, Gooraman swamp, Birri River, Bokhara River, Culgoa River

Medicine trees and edible plants

Quinine, Weelbill

Community Camping, family gatherings, meeting places along river, yarning, events, fishing competitions, sharing food

Responsibilities For animals, obligation to Mother Earth, obligation to neighbouring Nations

Murrawarri Jurisdiction and Management

Ownership Country, land, water

Murrawarri governance

Respecting Traditional Ownership, sovereignty, traditional governance, Murrawarri People’s Council

Economic Food supply, livelihood, water as resource, cultural tourism, native gardens, fish farms

Participation Active participation, involvement, control

Homelands – traditional and contemporary

Boundaries: Warrego and Darling Rivers junction, Darling River and Cato Creek junction, Bokhara and Birrie Rivers junction, Warrego and Darling Rivers junction10

Places: Ledknapper National Park, Culgoa National Park, Weilmoringle, North Bourke, Brewarrina, Enngonia

Equity and Reparations

Equity Sharing, neighbouring Nations, flow downstream

Water allocations Right to water, Nation-based allocation, choices, cultural flows

Partnerships and Communication

Water management practices

Increased understanding, transparency, equity

First Nations governance

Murrawarri Representation, voice, collaboration

Tangible Outcomes

Improvement, outcomes for First Nations people, results

Consultation Speaking on matters of importance, shared decision making, voice, involvement in planning process, collaboration, On Country visits, acknowledgement of truth

Information Increased understanding of: water policy, water management practices, Western science of ecology and climate

10 See Murrawarri People’s Council, Murrawarri Nation Plan, p. 12.



Figure 10. Weilmoringle after rain.

5.1.1. Key Murrawarri values The following key values emerged from the above subcategories. Illustrated by quotes, these are listed in order of frequency mentioned, not necessarily indicating level of importance. These values are also aligned indicates social, spiritual, cultural, environmental and economic values as per MDBA guidelines.

Table 12. Key values

No. Key value

So

cial

Cu

ltu

ral

Sp

irit

ual

En

viro

nm

enta

l

Eco

no

mic

1. The Murrawarri people value the biodiversity of ecosystems reliant on water.

‘And how we can serve all of it together, not only just aboriginal people but the people that uses the water too, the animals.’

2. The Murrawarri people value the responsibility for water, based around lore, that comes with inherited custodianship.

‘Seeing fresh water flow through the river system at all times. So I say it not only benefits us as Aboriginal Murrawarri people, it’s gonna benefit European as well.’

3. The Murrawarri people value water as part of their cultural identity through connection to Country.

‘We always go down to the river, taking our family. But when there was no water, we didn’t go anywhere.’

4. The Murrawarri people value water for its contribution to their health and wellbeing, both physical and mental.

‘Y'know your social, emotional. There were times when I was living at Weilmoringle where...I had the need I had to go down to get to the river bank.’



No. Key value

So

cial

Cu

ltu

ral

Sp

irit

ual

En

viro

nm

enta

l

Eco

no

mic

5. The Murrawarri people value water as a healthy, connected system requiring natural flow.

‘We'd like to see water in the river. That would be one lovely outcomes to see a decent flood.’

‘I'd like to see the water run right through.’

6. The Murrawarri people value the importance of water for specific cultural sites on Country connected to their spiritual life and Dreaming stories.

‘We got our spring out of Garrera. Connected to our creation with the rainbow serpent we call the Munda-Gadda.’

7. The Murrawarri people see water as life and value it for survival.

‘Aboriginal people out there, most of our lives revolved around the river.’

‘Water to me is like a river running in my veins.’

8. The Murrawarri people value water for the connections it brings across generations.

‘Everyone would swim around to meet the water coming down. That's one of our memories.’

9. The Murrawarri people value equitable sharing of water for all.

‘We value how the water flows from people upstream to us.’



5.1.2. Key Murrawarri uses The following key uses emerged from the above subcategories. Illustrated by quotes, these are listed in order of frequency mentioned, not necessarily indicating level of importance. These uses are also aligned indicates social, spiritual, cultural, environmental and economic values as per MDBA guidelines.

Table 13. Key uses.

No. Key use

So

cial

Cu

ltu

ral

Sp

irit

ual

En

viro

nm

enta

l

Eco

no

mic

1. The Murrawarri people use waterways to collect and cook bush tucker.

‘See the fishing activities on the river.’

2. The Murrawarri people use waterways for social purposes, including for gatherings.

‘Well our cultural way was our way of life. We'd go fishing on the river, camp out on the river.’

‘Well, that's the biggest thing, this where all the people gather, and met, all the different tribes and everything.’

3. The Murrawarri people use waterways for recreational purposes, such as camping and swimming.

‘It's what our lifestyle is the rivers you know, just where we go. Y'know when you get to where you go, the first thing you run to is the river.’

‘If you’re going out on camping and that, you know you’ve got water in the river. That’s one of the real, real uses, just knowing that water’s in the river and we can use it.’

‘We do all our fishing, get the kids, do our swimming.’

4. The Murrawarri people use water for domestic purposes.

‘You know we rely on the bore for a lot of things, we need the water to clean, wash, bath all those kinds of things, you know, all our household goods.’

5. The Murrawarri people use water for economic purposes.

6. The Murrawarri people use waterways to practice culture.

‘We want Murrawarri water to achieve our cultural flows.’

7. The Murrawarri people use waterways to facilitate the transfer of intergenerational knowledge.

‘We take our kids onto the river. Making them more aware of what’s

in the river and how to look after the river.’



5.2. Risks and impacts Table 14. Risks and impacts: Sub-categories by theme.


Healthy Country, Healthy People

Damaged Country Land clearing; dying trees; no rain; impact on water systems; European colonial drought, Climate Change

Less biodiversity Dead wildlife; no black bream; no turtles; more carp; less plants; less aquatic plants

Poor water quality Can’t swim; poor quality bore water; no drinking; water treatment; pollution; chemicals

Unnatural flows and levels

low flow; less seasonal flooding; diverted flow

Impacted water bodies

Dry creeks; dry rivers; dry lakes; dry swamps; Birri River; Barwon-Darling River; Bokhara River; Walgett area

Poor health and wellbeing

Emotional impact; sadness; dry gardens; illness; impact on self-determination

Social and recreational impacts

Less family gatherings; impact on family connection; declining quality of life; river no longer reliable; less swimming

Custodianship, Cultural Continuity and Revival

Damaged cultural sites

Dry sites; dreaming stories impacted; loss of Munda-Gudda

Less bush tucker Shop food instead; changing diet

Less Cultural Practice No access to cultural spaces around water; less gatherings; less ceremony

Loss of identity Loss of totems; spiritual impact; loss of cultural knowledge; broken family connections

Dispossession Moving off Country; lack of access; can’t go to the river

Murrawarri Management and Jurisdiction

Unrecognised First Nations governance

Not recognised as stakeholders; cultural authority not engaged with; protocols not followed; lore not recognised; lack of representation; lack of participation

Different management practices

Disconnection between sky and water; worldview not recognised; law made off Country

Poor resourcing No Murrawarri water allocation; no money to buy water

Economic Cultural Tourism affected; economic dependence; lack of employment

Equity and Reparations

Water market Commodification of water; commercialisation of water; inequity; false economy

Industry Cotton farms; big irrigators; Cubby Station; corporate land aquisition

Water Allocations corporate greed; inequitable allocations; little choice; water licences; excessive pumping; monitoring and compliance

Infrastructure Dams; weirs




Partnerships and Communication

Government mismanagement

Political inaction; rhetoric not reality; overregulation; unsustainable solutions; upstream activities; no tangible outcomes

Lack of information Environmental flow use unclear; cultural flows definition unclear; water planning process unclear; lack of knowledge; no transparency

Cultural differences Natural elements interlinked rather than separate; different worldviews; no presence on/disconnection from Country; lack of awareness of problem by non-First Nations people

Consultation Practices

Lack of communication; poor advertising; inappropriate notice given; lack of consultation; no consultation on water treatment; external decision making; no voice

Figure 11. Dry River, Weilmoringle.



5.2.1. Responses – Risks to values and uses From the subcategories above, the following key risks emerged. These are illustrated by quotes and listed in order of frequency mentioned during consultation. This does not necessarily indicate level of importance.

1. The Murrawarri people see previous consultation practices as having been a risk to their water-dependent values and uses.

‘Because we didn't have a voice before, and you know, Aboriginal people should be on those decision making of who looks after the water, how they look after the water.’

2. The Murrawarri people feel a lack of information and transparency about water management practices is a risk to their ability to manage their water-dependent values and uses.

‘We don’t know the behind story of everything, the back scenes. It’s important that we know about these things.’

3. The Murrawarri people see current water management practices, including inequitable water allocations and overregulation, are risks to their water-dependent values and uses.

‘They don’t understand, yeah that’s right. And they don’t understand that there’s no water in the river cos they’ve probably got lots of water.’

4. The Murrawarri people feel the commodification and commercialisation of water, connected to corporate greed, are risks to their water-dependent values and uses.

‘The government wants to make money out of water.’

5. The Murrawarri people see the control of flow through infrastructure as a risk to their water-dependent values and uses.

‘Making more, more weirs and everything.’

6. The Murrawarri people see large scale industrial and agricultural practices, including cotton growing and land clearing, as a risk to their water-dependent values and uses.

‘Why deny people water, because I heard that those cotton farms, they can use excess water and they've got the money to pay for it. It's cheaper for them to use excess water than to go without water.’

7. The Murrawarri people see a lack of involvement of First Nations people in water management (through participation, not just consultation) as a risk to their water-dependent values and uses.

‘We don’t get involved in as much as we should do, into these sort of things.’

8. The Murrawarri people see a mismatch between First Nations and Western cultures and worldviews as a risk to their water-dependent values and uses.

‘We come at it from a different angle from what they’re coming from.’

9. The Murrawarri people see lack of resourcing and recognition of Nation-based governance as a risk to their water-dependent values and uses.

‘You can't make other people make decisions for other people, you know, we gotta be a voice too.’



5.2.2. Responses – Impacts of water management practices From the subcategories above, the following key impacts emerged. These are illustrated by quotes and listed in order of frequency mentioned during consultation. This does not necessarily indicate level of importance.

1. Murrawarri people have noticed a considerable change in flow throughout the system, with many water bodies now dry.

‘You know, we want to see water in our river. You can go down to the river now and it's bone dry. You go out to the Birrie and it's bone dry.’

‘Yeah well we used to have a lot of creeks, we haven't got them any more you know?’

2. Murrawarri people have noticed the impact of the poor health of waterways on their own health and wellbeing as people.

‘Our people was happy. Now no water, we're all sad, and nowhere to go.’

‘Now days, our people just, can't even make it past 50.’

3. Murrawarri people have noticed a decrease in biodiversity and an impact on animals.

‘That's how the water system failed us, you know how the pelicans come back to Brewarrina to have their babies. So if they didn't come back what would happen to the pelicans?’

‘Mussels – we don’t see them anymore. This is an indicator that things are not good.’

‘Your reeds and all that that grow in the river, they’re all dying out because of lack of water.’

4. There is less bush tucker for Murrawarri people to catch and eat, impacting socially and economically.

‘When that river’s running people are fishing. Otherwise they go to the shop.’ ‘We don’t see turtles anymore.’

5. Murrawarri people notice the impact of lower flow on the health and connectivity of the system as a whole.

‘Living on Murrawarri country yeah we had sometimes there was no moving water in the river but you had dependent waterholes that was always full. Yeah. And you knew where they were but even now they are dry. And that's something I've never seen before.’

6. The cultural identity of the Murrawarri people is being impacted by the poor health of the water system.

‘Well our cultural way was our way of life. We'd go fishing on the river, camp out on the river.’

7. Murrawarri cultural sites are being damaged and impacted by lower flow and levels.

‘No they're not functioning, no water's getting to them. You might get a bit of stream they're not making to the lagoon and everything.’

8. Murrawarri people are unable to engage in their desired economic activities involving water. ‘We can’t engage in cultural tourism.’

9. The daily lifestyle of the Murrawarri people is being affected.

‘I've never swam in the river for you know a good 20 odd years. Because it's too unhealthy.’

‘We can't grow a decent garden in Goodooga. It's killing all, all the grass around town.’

10. Changes in the water system are increasing dependence on government and affecting Murrawarri self-determination.

‘There’s a risk to survival. What happens if the shop closes at Weilmoringle.’



11. Murrawarri people are losing access to their sites and waterways, which is impacting on their ability to engage in cultural practices.

‘It's sad you don't got no water, can't go anywhere, don't see any people going to rivers now.’

5.3. Objectives and outcomes The MDBA Part 14 Guidelines advise the aim of consultation processes should be ‘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’, and is often expressed as wishes.’

‘Outcomes is 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.’ (3)

Objectives and Outcomes are presented in themes. Responses were coded, grouped and allocated subcategories. Objectives were derived from these grouped responses. Detail from responses has informed outcomes within each objective. The number of responses within each group was added to prioritise and order objectives by frequency. This order is a rough guide only and does not necessarily indicate priority based on importance.

5.3.1. Healthy country, healthy people Table 15. Healthy country, healthy people: Objectives and outcomes by frequency.

Objectives Outcomes

Rivers, creeks and bodies of water function together as a flowing, connected system.

There is connectivity in the system.

Flows are natural and continuous.

Billabongs, lagoons, waterholes and creeks are filled regularly.

Flows reach and sustain communities lower down the river.

Flooding occurs on a regular, seasonal basis again.

The Culgoa River floods every three to five years.

Regulated rivers (Culgoa, Birri, Bokhara, Barwon-Darling and Narran) run four times a year.

Unregulated Rivers (Nebine and Warrego) flow under natural events like flooding and rainfall.

The Culgoa River runs right through Murrawarri Country.

Towns would come back to life.

Positive outcomes are accessed for all: First Nations people, other stakeholders and wildlife.

Native animals and fish in and near waterways are protected, healthy and increase in population.

Water is available for wildlife and the environment.

Biodiversity increases, particularly of aquatic life.

Animals, aquatic life and birds, used for bush tucker and as indicators of healthy Country, increase in population.

Environmental flows (as distinct from cultural flows) and other mechanisms restore water environments to good health, including clean, good quality water in rivers and creeks and functioning riparian zones.

Aboriginal environmental outcomes are achieved.

Murrawarri people can drink river and creek water.

Aquatic animals are healthy.

Plants in riparian zones, including bush tucker and medicine trees, grow abundantly.

The Murrawarri people are able to eat fresh fish again.



Objectives Outcomes

Healthy, flowing waterways support the health and wellbeing of the Murrawarri community and its people.

Murrawarri people have water for their own personal use, satisfaction and enjoyment.

Murrawarri people can use water for domestic purposes.

Children and young people enjoy the waterways as their parents and grandparents once did.

Murrawarri people can use the river for recreational and social purposes.

Figure 12. Transfer of knowledge on Country.



5.3.2. Cultural continuity and revival Table 16. Cultural continuity and revival: Objectives and outcomes by frequency.

Objectives Outcomes

The Murrawarri people are reconnected to their waterways.

Narran Lakes and rivers and waterways would fill up, our people would be reconnected to them and our culture would revive.

Cultural events and celebrations are held regularly on and near waterways.

The Murrawarri people build respect for their community and their waterways.

There is an increase in people living on Country.

Regular sports days are held near waterways.

The Murrawarri Nation (re)builds social and cultural connections with other nations along the rivers, with events such as a canoe journey.

Corroborees are held on rivers.

The Murrawarri people are able to continue and revive their practices of collecting and eating bush tucker.

Murrawarri people are able to continue their practice and cultural identity as fishing people.

Murrawarri people are able to gather and cook bush tucker, including booglies (yabbies), mussels, shrimps, fish, and mudcrabs.

The Murrawarri people can continue their role as owners and managers of their Country and water.

Cultural sites, and fish and bird breeding sites are protected.

The Mundagudda waterhole remains consistently full.

Cultural seasons and indicators inform cultural water use and practices.

The Murrawarri people are able to continue and revive cultural and spiritual practices by waterways.

The Ngunnhu (fish traps) are revived.

The Murrawarri people are able to continue family gatherings by water.

The Murrawarri people can continue spiritual practices, such as baptisms and other spiritual concepts.

Elders can pass on their knowledge to the next generation.

Murrawarri Elders continue the practice of connecting children with Country.

People can swim and children can play regularly in the river again.

Figure 13. Murrawarri Water.



5.3.3. Murrawarri Lore/Law Table 17. Murrawarri Lore/Law: Objectives and outcomes by frequency.

Objectives Outcomes

Through the Murrawarri People’s Council and the People’s Administration, the Murrawarri Nation have control over their own water governance model and processes.

The Murrawarri people have a water committee within their Nation governance structure.

The Murrawarri people develop a water policy for their Nation.

All Murrawarri people who wish to be, are involved in some way.

Murrawarri youth are involved and their understanding in water managed is increased.

Murrawarri people direct their own water and water-related research.

The Murrawarri Nation is self-determining in terms of its water interests and rights.

When working on Country, government bodies approach the Murrawarri People’s Council and the People’s Administration as the first port of call.

The Murrawarri people have access to their culturally important water-dependent sites and areas.

Murrawarri people have access down to rivers.

Access to sites supports activities for families and young people.

Murrawarri people have ownership of their Country and waterways.

Cultural sites and practices are maintained.

An economic base is built for the Murrawarri people.

Murrawarri people can fulfil their requirements under lore to allow water to flow to that nation below us, because of that connectivity.

The long term development of skills and capacity of the Murrawarri people in water and land management is built through employment and training programs.

Murrawarri people are employed in water work: to maintain river reaches; to monitor water quality; and to measure water levels.

Murrawarri people are employed in roles on Country, caring for Country.

Water quality and flow is monitored properly from a cultural perspective.

A water ranger program is instituted.

Murrawarri people also have employment off Country.

Murrawarri People are employed and trained in administration roles in water management.

A wider based of Murrawarri people and representatives can advocate for their water needs.

The Murrawarri Nation is adequately financially resourced to participate in the water market.

The Murrawarri Nation develops the capacity to purchase water through its sovereign trust.

The Murrawarri Nation can buy water independently of government. The Murrawarri Nation secures funds from a variety of sources, including philanthropics and industry.

The Murrawarri Nation owns enough water to fulfil their social, cultural, spiritual, environmental and economic needs.



5.3.4. Equity and reparation

Objectives Outcomes

The Murrawarri Nation is given its own water allocation.

The Murrawarri Nation can participate in the water market.

The Murrawarri Nation has water to manage on their own behalf.

Water is allocated for all required lands and water bodies within the Murrawarri Nation.

Greater equity and balance between stakeholders is achieved in water management practices.

Less water is allocated for cotton and big irrigators.

Property development requiring water is limited.

Water allocation is more equitable.

Fish extraction is monitored.

Neighbouring First Nations stakeholders are taken into consideration in water allocation.

The Murrawarri Nation receives water in the form of cultural flows.

Cultural flows are in line with the Echuca declaration that covers environmental, economic, social, cultural and spiritual outcomes.

Cultural flows are allocated to support cultural practices and events.

Information about cultural flows including applications, policies and their release are given clearly to the Murrawarri Nation.

Mechanisms are put in place to determine and measure Murrawarri water requirements under cultural flows.

Murrawarri water-related economic interests are encouraged and supported.

Water-related economic enterprises are developed on Country.

The Murrawarri people are able to grow a cultural tourism industry.

The Murrawarri people establish a community vegetable garden and market garden.

The Murrawarri people establish a research and development centre in Murrawarri native flora and water.

Murrawarri people establish nurseries and fish farms.

The Murrawarri Nation is allocated water to support their economic interests.



5.3.5. Partnerships and communication

Objectives Outcomes

Strong, respectful and effective partnerships are built between the Murrawarri Nation, government and other stakeholders in water planning.

The Murrawarri Nation works with other First Nations groups, and State and Federal governments to create healthy environments for our future and current generations.

Government works through the Murrawarri People’s Administration

Senior Murrawarri Traditional Ownership structures are respected.

Traditional governance is acknowledged.

Risk management strategies are negotiated.

There is a truth speaking process about water management issues.

Murrawarri Nation and local protocols are respected.

A water compact is developed and signed between First Nations.

Sufficient water travels from one Nation to the next.

Policy and legal obligations are instituted to ensure flows between Nations.

Murrawarri people are informed clearly and consistently about water policy, planning and practices.

Increased understanding and greater awareness, particularly of water management issues.

The Murrawarri Nation are included in meetings about water management.

Murrawarri people are offered education and training packages about water management and planning. .

A water literacy program is developed through Northern Basin Aboriginal Nations, supported by all Nations, including Murrawarri.

Murrawarri people have an increased understanding of: water policy; water management practices; Western science of ecology and climate.

Murrawarri people are better able to contribute to consultations and to water management decision making.

Consultation with Murrawarri people regarding their water interests is consistent, culturally appropriate and effective.

A wide base of Murrawarri representatives are consulted and have a voice.

Government representatives come out for consultation on Country.

Government Departments follow local cultural protocols as outlined in the Murrawarri Nation Plan.

Consultation with the Murrawarri Nation is undertaken for all state and federal policy instruments regarding water, including Water Sharing Plans, Water Resource Plans, Cultural Flows policy, Northern Basin toolkit measures, Floodplain harvesting, fish management and recovery and other natural resource management policies.



Objectives Outcomes

The Murrawarri Nation has strong, coordinated representation within NSW Department of Planning, Industry and Environment - Water.

The Murrawarri Nation has a voice within government.

Murrawarri and government officials meet on equal terms.

Tangible outcomes are secured according to the needs of the Murrawarri Nation.

The Murrawarri Nation has a representative who knows how to communicate with government and gets results.

Murrawarri people actively participate in water planning and management decisions.

Processes working with government are open and transparent.

All First Nations have a voice in government.



References The following references have been referred to to structure this report. This report should be used in conjunction with the Murrawarri Nation Plan, the Cultural Flows: Gooraman Swamp Cultural Flow Monitoring and Evaluation Plan and ‘Plant Species Having a Moorawarri Cultural Value’. For access to copies, see the Murrawarri Nation.

1. ‘A Preliminary Cultural Survey of Woodshed, Sawmill and Burban Dam Paddocks on Weilmoringle Station.’ Phillilp Sullivan with assistance from Ngalina.

2. Dykes, Peter and Miller, Kat. ‘Plant Species Having a Moorawarri Cultural Value. Department of Natural Resources, Far West Region, NSW, 2006.

3. Murrawarri People’s Council. ‘Murrawarri Nation Plan’ [DRAFT]. 15 July 2019. 4. National Cultural Flows Research Project. Cultural Flows: Gooraman Swamp Cultural Flow

Monitoring and Evaluation Plan. MLDRIN, NBAN and NAILSMA, 2017. <http://www.culturalflows.com.au/~culturalflowscom/images/documents/Gooraman%20monitoring.pdf>

5. ‘Our water, our life: An Aboriginal study in the Northern Basin.’ Northern Basins Aboriginal Nations and Murray Darling Basin Authority, October 2016.



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 Dhirranggal Solutions Pty Ltd

of 31 Doyle St, Brewarrina NSW 2037.

1 Background

1.1 Dhirranggal Solutions 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, Dhirranggal Solutions operate on behalf of NSW Department of Planning, Industry and Environment ‐ Water.

Dhirranggal Solutions are holding culturally appropriate consultation for NSW Department of Planning, Industry and Environment ‐ Water for the development of Water Resource Plans.

1.2 Based in Western New South Wales, Dhirranggal Solutions is a 50% indigenous‐owned company delivering community‐led and culturally appropriate consultation. It is owned and operated by Jason Ford.

Dhirranggal Solutions is an indigenous company from Western New South Wales run by Jason Ford.

1.3 Dhirranggal Solutions 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.

Dhirranggal Solutions and NSW Department of Planning, Industry and Environment ‐ Water will be guided by Traditional Owners to follow cultural processes and protocols during the consultation.



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.

First Nations Cultural Knowledge is the knowledge built up over generations that belongs to First Nations people and communities.

Murrawarri Nation

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.

The Murray Darling Basin Plan legally guides governments and communities in managing the water of the Murray Darling Basin.

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

Objectives are goals.

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.

Outcomes are the things that happen when a goal is achieved.

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

Traditional Owners are people with 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.

Values and Uses are cultural places, areas sites and practices that need water.

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 22 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 Resource Plans (WRPs) set out rules for water management. There are 22 Water Resource Plans for New South Wales. They cover either surface water or groundwater.

1.4 The consultation process will consist of a series of interviews with Senior Traditional Owners in September and October, including walks on country. These will be followed by a number of workshops in different locations in November. The review process gives Traditional Owners the chance to check the draft consultation report in December.

The consultation process follows three stages:

1. Senior Traditional Owner Interviews.

2. Traditional Owner workshops.

3. Review with Senior Traditional Owners.



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.

The Murray Darling Basin Plan legally guides governments and communities in managing the water of 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.

Water Sharing Plans (WSPs) set out rules for sharing water between users in New South Wales. They last for ten years.

3 Your Participation

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

Murrawarri 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

Murrawarri country

This interview will ask for the following information:

Murrawarri values and uses of

water

Goals for Murrawarri water

management

Suggestions for running

workshops on water

3.2 These are possible ways information may be gathered:

Open questions: a series of open questions will be asked about

Gomeroi 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.

You can choose to give this information in an interview or during a walk on Country.

3.3 The interview will be conducted by Jason Ford of Dhirranggal Solutions at a place and time negotiated with you. There may be other people present in the interview, including a local Murrawarri community organiser; and a representative from NSW Department of Planning, Industry and Environment ‐ Water.

You will be interviewed by Jason Ford from Dhirranggal Solutions. Other people might be there, including someone from NSW Department of Planning, Industry and Environment ‐ Water.

3.4 Your participation is voluntary. You are volunteering to do this interview.



3.2 These are possible ways information may be gathered:

Open questions: a series of open questions will be asked about

Gomeroi 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.

You can choose to give this information in an interview or during a walk on Country.

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

You can change your mind at any time up until the report is written.

4 Purpose and Scope

4.1 The information gathered from you will be organised with other interview data by Dhirranggal Solutions and used to structure a series of workshops on Murrawarri country in October and November. The workshops will be organised in a culturally appropriate way according to advice given by you and other Traditional Owners.

Your information and information from other Senior Traditional Owners will be used to run workshops in October and November on Murrawarri country.

4.2 Information from both the interviews and the workshop will be used by Dhirranggal Solutions to write a consultation report on objectives and outcomes based on Murrawarri water‐dependent values and uses.

Information from interviews and workshops will be used in a report on Murrawarri water values, uses and goals.

4.3 Water Resource Plans specify how water will be shared and managed within a specified area. Information from this consultation will be used in the following WRPs:

Surface Water WRPs: Macquarie‐Castlereagh, Barwon‐Darling

watercourse, Intersecting Streams

Groundwater WRPs: Darling Alluvium, Lachlan and South Western Fractured Rock, NSW Great Artesian Basin Shallow

Information from the report will be used to write New South Wales Water Resource Plans for areas covering Murrawarri Country.

4.4 Water Resource Plans incorporate existing water planning and management within NSW (including Water Sharing Plans), as well as meeting 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. 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.

Water Resource Plans make sure Traditional Owners needs are heard in water planning in NSW. They are just a start. This consultation will also look at culturally appropriate ways for Traditional Owners to be involved in water planning in NSW in the future.



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 Murrawarri Nation.

The First Nations Cultural Knowledge you give in this interview is owned by you or someone you choose.

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.

The knowledge you give in this interview might be collected in a voice recording, in notes and in photographs.

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

Please tell us when you are sharing First Nations Cultural Knowledge. Let us know if you don’t want it shared 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

NSW Department of Planning, Industry and Environment ‐ Water can only use the First Nations Cultural Knowledge you share today for Water Resource Plans and water planning. They may also use it for research and education within the Department.

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.

NSW Department of Planning, Industry and Environment ‐ Water needs to contact you if it wants to use your knowledge in any other way.

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.

If you want to tell us about cultural sites, you don’t need to tell us exactly where they are.

6 Data collection and storage

6.1 The information you contribute to the consultation report will be deidentified.

Your name won’t be on the information you share for the report.



6 Data collection and storage

6.2 While the information is stored, it will be allocated a reference number rather than your name. 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.

Your information will be given a number. Your name and this number will be kept separately from your information. They will be held by Aboriginal staff at NSW Department of Planning, Industry and Environment ‐ Water.

6.3 Dhirranggal Solutions 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.

You will be asked for information like your age, gender and family group. This will help organise information. You don’t need to give this if you don’t want to.

6.4 On completion of the consultation report, 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.

When the report is written, the voice recording will be given back to you or someone you choose below.

6.5 Dhirranggal Solutions will temporarily store the deidentified audio recording on a password‐protected computer only accessible by Jason Ford and consultant Alexandra Dixon. This copy will be deleted once the consultation report has been written.

Your voice recording will be kept by Dhirranggal Solutions until they write the report. They will delete it after it is returned to you.

6.6 Dhirranggal Solutions will store deidentified written interview notes on a password protected computer only accessible by Jason Ford and Alexandra Dixon. This will be saved until the completion of the NSW consultation, for up to two years.

The written notes from your interview will be kept for up to two years by Dhirranggal Solutions.

6.7 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 your nominated representative.

We will check photos with you before they are put in the report. All photos will be returned to you or someone you choose.

6.8 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 Dhirranggal Solutions

as part of the Water Resource Plan

NSW Department of Planning, Industry and Environment ‐ Water will only keep the consultation report. They will not keep recordings, notes or photos.

6.4 Dhirranggal Solutions would like to create an audio recording and take written notes during your interview. The audio recording will be transcribed and to gather information for the report. Please indicate any First Nations Cultural Knowledge that you do not wish to share with NSW Department of Planning, Industry and Environment ‐ Water and it will be omitted from the transcription.

We would like to record this interview so we can use your information in the report. If there are parts you don’t want us to write down later, please let us know.



7 Publication and Review

7.1 You will have the opportunity to review the draft consultation report with Dhirranggal Solutions at one stage in July 2018. Please indicate below whether you would like to do this by person or via email.

You can check the draft copy of the report in July. Please let us know if you want to do this in person or through 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:

Dhirranggal Solutions Jason Ford 0456 536 683

[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 agree to being interviewed by Dhirranggal Solutions and having the interview recorded.

I understand the recording and any photos taken will be stored temporarily by Dhirranggal Solutions. When the project is finished, I would like the recording and any photos:

☐ Returned to me and all other copies destroyed.

☐ Given to ……………………………………………of…………….………………………………………………… as my authorized 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 will identify 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: Dhirranggal Solutions)

Signature: ___________________________ Signature: ___________________________

Contact: ____________________________ Contact: ____________________________

Date: ______________________________ Date: _______________________________



Appendix D. Data Use Agreement workshops PARTICIPANT INFORMATION SHEET

Workshops (Murrawarri)




Thank you for agreeing to participate in the consultation workshops held by NSW Department of Planning, Industry and Environment - Water on 31 October and 1 November 2018.

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

Dhirranggal Solutions, 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 Dhirranggal Solutions 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

Dhirranggal Solutions 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 Jason Ford on 0456 536 683 or for more information.



PARTICIPANT AGREEMENT

Workshops (Murrawarri)




I have been provided information about this workshop and agree to participate.

I consent to Dhirranggal Solutions 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 agree to Dhirranggal Solutions including me in photos of the workshop for the consultation report and NSW Department of Planning, Industry and Environment - Water’s internal social media.

YES or NO

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

YES or NO

(Please add details below)

Name: _________________________________ Signed: ____________________________

Phone: ________________________________ Email:_____________________________



Appendix E. Interview questions and checklist




Face-to-Face Interviews

Checklist and Questions

Background

What is your family group? How many people do you represent? How do you like to be identified in terms of your Nation? What areas within the Murrawarri Nation do you want to talk about? (Which areas do you have links to?) How do you want the interview to be done? Where do you feel most comfortable? (general questions at home, walk on country, photographs)

Interview Questions

Do you know much about how they manage water in New South Wales? (explain process) What is your understanding of the terms values, objectives and outcomes? Values and Uses What does water mean to Murrawarri? How does it fit into Ngyimpaa culture and lifestyle? (cultural, social, environmental, spiritual and economic) What are some of the values water holds to you? What are some of the general uses for water for Murrawarri people? What assets in Murrawarri Country need water?



Management Are your water interests being managed well at the moment? Why/why not? What are the risks to protection and management of Murrawarri water interests? How can these be addressed? Are there any ways you could work together with government or other stakeholders to manage water better for Murrawarri? Objectives and Outcomes What goals would you like to see over the next ten years to ensure sustainability of Murrawarri water interests? What outcomes would you like to see in the next ten years if Murrawarri water is managed well. Workshop We would like to establish an agreed process for wider consultation in the Murrawarri Nation, so we are asking for your input.

What is the best way to record views and concerns of participants at a workshop? (video

recording, audio recording, written submissions, photo documentary)

Where are the best locations on Murrawarri country and in your area to hold a workshop?

What food would you like to have?

What is the best way to get the word out for your people? (newspaper, facebook, posters, email list)

What/who are the key groups/organisations and individuals who should be invited?

What are good times of day to hold a workshop?

What cultural protocols should we follow in the workshop?

Documents

Culturally Appropriate First Nations Partnership: Murrawarri Nation Report · 2020. 4. 17. · Title: Culturally Appropriate First Nations Partnership: Murrawarri Nation Report Subtitle: