Legal Protection for the Fitzroy River

Kimberley Freshwater Campaign

• Joint campaign of Environs Kimberley and Australian Conservation Foundation.

• Funded by the Australian Conservation Foundation & Mullum Trust.

Kimberley Appropriate Economies Roundtable

• Meeting held in Fitzroy Crossing in October 2005 – organised by KLC, ACF and EK.

• Principle – “The Fitzroy River, ground-waters and conservation areas are protected by a legal framework”.

Campaign Objective

• Long-term legal protection for the Fitzroy River in a way that is consistent with Traditional Owner’s rights and interests.

Protecting high conservation value rivers, wetlands and aquifers 1

• National Water Initiative – ‘identify and acknowledge surface and groundwater systems of high conservation value, and manage these systems to protect and enhance those values’.

• WA Government policy (2001) – ‘no dams’. Reaffirmed in the state legislature, May 2005.

• State Water Plan 2007 – ‘Water planning will identify water resources that are a priority for protection’.

• Rangelands NRM Target – ‘Ensure Legislative/statutory protection and management for all ‘Wild Rivers’ and high conservation waterways and wetlands by 2010’.

Protecting high conservation value rivers, wetlands and aquifers 2

• WA Government currently drafting new water legislation – Water Resources Management Act.

• Considering including a proclamation power to declare some waterways and wetlands as ‘significant’.

CROSS-CULTURAL LEGAL PROTECTION

for the FITZROY RIVER

National Water Initiative

Native Title

Rangelands NRM Plan(FitzCAM)

WA Government Policy

(No Dams)

State Water Plan & regional water

planning

WA Legislative Reform

Kimberley Appropriate Economies Roundtable

Opportunities & Influences

Caring for Country Plan

Key aspect of a cross-cultural legal framework

“The people of the region are able to participate in planning for the region, are supported by government in that process, and their views are respected and included when implementing planning outcomes”.

Key aspects of a cross-cultural legal framework 2

• provides statutory protection for the river.• recognises native title rights and associated

Traditional Owner interests.• governance framework based on partnership –

co-management; sufficient funding.• prohibits some damaging activities in Fitzroy

River Catchment (e.g. dams, weirs, broad-scale land clearing, large-scale water extraction).

• maintains bottom-line ecological thresholds and ensures protection of cultural values.

Principles

CROSS-CULTURAL LEGAL PROTECTION

for the FITZROY RIVER

Traditional Owner rights and interests

Public participation

Funding for management

Statutory

No dams, weirs or large scale

water extraction

Long term

Co-management approaches

Protects natural and cultural values