7. Stakeholders and partnerships

 

 

Kakadu plays an important role in the broader region and there are many people who have an interest in the management of Kakadu. It is important to have good working relations with these people and organisations for the effective management of the Park. The Board and Director also have responsibilities to ensure that Jabiru is managed well, has minimal impact on the Park and that the wishes of the traditional owners of the land on which Jabiru is established, the Mirarr people, are respected.

 

 

7.1 Jabiru

 

Our aim

The sustainable development of Jabiru is provided for, while protecting the natural, cultural and World Heritage values of the Park, and the interests of traditional owners and other relevant Aboriginals, and without the town impacting on the Director’s resources.

 

Location and tenure

The Jabiru township is located in the north-east of Kakadu on an area of about 13 square kilometres. The town is adjoined to the east and south by NT Portion 2273, an area of about 55 square kilometres; and in the north-west by NT Portion 2271, an area of only about five hectares. All of this land is part of the Park. Title to the land is vested in the Director.

 

The township site is leased by the Director to the Jabiru Town Development Authority (JTDA) which is established by the Jabiru Town Development Act (NT). The lease was granted in 1981 for 40 years. The JTDA is responsible for developing, maintaining and managing the town and grants subleases for individual lots for residential and business purposes. The town is managed by the Jabiru Town Council (also established by the Jabiru Town Development Act) which performs functions on behalf of the JTDA.

 

The lease places a number of obligations on the JTDA, including:

 

Reflecting the original closed nature of the town (see below, Establishment and development of Jabiru), the lease (clause 2) limits the persons that the JTDA may grant subleases to. They are persons who are:

or

 

The majority of subleases in the town are held by Energy Resources Australia (ERA), the Northern Territory Government or the Director. Others are held by local businesses and organisations (including bodies owned by and representing Mirarr and other Bininj).

 

The lease (clause 4) provides that the Director may grant licences over Park land outside the town site for the purpose of constructing roads and related works, the discharge of water, sewerage and water supply facilities, and electricity and telecommunications facilities reasonably required for use in connection with the town. Some essential services infrastructure, such as power and water, is established in these areas, including NT Portions 2271 and 2273.

 

The lease also provides (clause 5) that the Director may grant licences to the JTDA in relation to NT Portions 2271 and 2273 for use as recreational areas by residents of the town. Such licences have not been sought to date. The Jabiru Gun Club is situated on NT Portion 2273, and parts of the Jabiru Golf Course extend onto this land.

 

The lease requires (clause 10) that when it comes to an end (for whatever reason) the Director, the JTDA and representatives of the Australian and Northern Territory Governments must determine the rehabilitation measures that are required and how the cost will be met.

 

At the time of preparing this Plan, the Jabiru township and NT Portions 2271 and 2273 were not Aboriginal land. Mirarr are, however, acknowledged as the traditional Aboriginal owners of the land under Aboriginal tradition. They aspire to be formally recognised as the traditional owners, in particular through the land becoming Aboriginal land under the Land Rights Act.

 

The land that surrounds the Jabiru township and NT Portions 2271 and 2273 (including the Ranger Project Area and the Jabiluka mining lease, which are not part of the Park) is Aboriginal land under the Land Rights Act. The land is owned by the Kakadu and Jabiluka Aboriginal land trusts for the benefit of its traditional Aboriginal owners, who include the Mirarr people.

 

The Ranger Uranium Environmental Inquiry (RUEI, discussed below) found that the Mirrar were the traditional Aboriginal owners of the part of the Park that includes the town site and NT Portions 2271 and 2273.  These areas were not, however, included  in the areas of the Park that were specified in Schedule 1 to the Land Rights Act to be granted as Aboriginal land, reflecting the recommendations of the Ranger Uranium Environmental Inquiry.  The town site was not later included in a land claim application under the Land Rights Act as the Act excluded claims being made over land in towns.  At the time of preparing this Plan, NT Portions 2271 and 2273 were however subject to a land claim (Kakadu Region Land Claim).

 

Jabiru and NT Portions 2271 and 2273 are subject to an application by the Mirarr people for a determination of native title under the Native Title Act 1993. A determination whether native title rights and interests exist in relation to Jabiru had not been made at the time of preparation of this Plan (although the existence of native title does not depend upon a determination being made under the Native Title Act). The application was referred to the National Native Title Tribunal for mediation in 2005. That process was continuing at the time of preparation of this Plan.

 

Development proposals, or proposals involving changes in property interests in Jabiru, may involve the doing of an act that would ‘affect’ any native title that may exist in Jabiru or NT Portions 2271 or 2273 and be a ‘future act’ within the meaning of the Native Title Act. An act will affect native title if it extinguishes native title rights and interests or is otherwise inconsistent (either wholly or partly) with their continued existence, enjoyment or exercise. A future act is invalid to the extent that it affects native title, unless it is done in accordance with the future act regime in the Native Title Act.

 

Jabiru was established in 1978 in line with recommendations of the Ranger Uranium Environmental Inquiry (also known as the Fox Inquiry) held in 1976–77 (Fox et al 1977). The RUEI commissioners rejected proposals that Jabiru should be a large regional centre. They were particularly concerned that the township should be managed to minimise social impacts on Aboriginal people in the region and environmental impacts on the surrounding Park environment and recommended that Jabiru be a closed town to provide housing for people directly or indirectly associated with uranium mining in the Alligator Rivers Region and government officers.

 

In announcing its decision about the RUEI, the Government of the day stated that ‘by ensuring that Aboriginals are involved in the planning of the town from the beginning, the Government intends to ensure that the mistakes of the past, which have led to Aboriginals living as fringe dwellers in towns on their own traditional lands, are not repeated here’.

 

The Government accepted the RUEI recommendations in relation to Jabiru and directed that the town be developed according to the following principles:

 

Because the town was principally established to house people associated with uranium mining in the region, the operator of the Ranger uranium mine was responsible for constructing, and has continued to maintain, a significant proportion of the town’s essential infrastructure. This includes some infrastructure located within NT Portions 2271 or 2273. The Northern Territory Government also contributed to the cost of town infrastructure. In 1986, the Northern Territory Government and ERA (operator of the Ranger mine) entered into a cost sharing agreement to provide mechanisms for each to recoup their costs for the construction of Jabiru from ‘new entrants’.

 

Although established as a closed town, to be lived in by people connected with mining operations, government services and service industries, from the mid 1980s Jabiru developed a role as a tourism service centre as visitors to the Park began to use facilities in the town. In 1988 the Gagudju Crocodile Hotel was opened in Jabiru and later a caravan park and other visitor facilities were developed. At the time of preparing this Plan, Jabiru had a population of about 1100 people, at least half of whom were engaged in employment relating to uranium mining, and their dependents. The rest of the population was made up of those who work in the Park, the tourism industry, Aboriginal organisations, government services and local businesses, and their dependents.

 

ERA provides domestic power for the town. It provides access to and maintains the Jabiru airport and has constructed a number of community facilities. ERA is also the major owner of housing accommodation in Jabiru.

 

Impact of the town

Activities in Jabiru have the potential to cause significant adverse environmental impacts on the surrounding area of the Park. Residents have for example unknowingly introduced a range of weeds and pests (such as big-headed ants) to Jabiru and the surrounding area. It is essential to maintain and improve measures for managing weeds, domestic animals, feral animals, sewage, waste, chemicals, fire and water in, and introduction of animals into, Jabiru.

 

As noted earlier the JTDA is required by the town lease to keep the town in a clean and sanitary condition and free from rubbish or other offensive matter and to ensure compliance with environmental requirements annexed to the lease.

 

The Jabiru Town Council (JTC) monitors groundwater quality and consumption within Jabiru. It also monitors the quality of waste effluent that is treated and disposed of onto the Jabiru Golf Course or into Barilil Creek catchment by spray irrigation.

The presence of Jabiru has had a significant impact on Aboriginal people, lifestyles and traditions in the region. There are major challenges for all people and organisations in the region to minimise the harmful impacts and maximise the beneficial impacts of the town on Aboriginal people.

 

There are also social issues associated with Jabiru being relatively small and remote, and residents’ need for recreational services and facilities.

 

The town lease (clause 3) requires the JTDA to comply with, and to the extent the JTDA is reasonably able to do so, to require compliance by others with:

 

Section 388 of the EPBC Act also requires Jabiru to be developed in accordance with the management plan for the Park and a town plan prepared and approved in accordance with the EPBC Regulations. The section also provides that buildings or structures may only be constructed, altered or demolished in accordance with the management plan and town plan.

 

As noted in Section 2.4 of this Plan, s.354(1) of the Act prohibits certain actions being taken in the Park (including Jabiru) except in accordance with this Plan, including actions that affect members of native species; carrying on an excavation, or building or other works; and commercial activities. Section 358 precludes the Director from granting leases, subleases and licences in the Park (including Jabiru) except in accordance with the management plan.

 

An action (such as a new development) in Jabiru that is likely to have a significant impact on the environment will require assessment and approval under the EPBC Act (see Section 2.4 of this Plan).

 

Section 389 of the Act requires this Plan to include provisions for and in relation to the site and general purposes of the town; the terms and conditions of the town lease; and the purposes of any zones into which the township is to be divided. Section 389 also requires the town plan to deal with construction or development of the town, and sets out particular matters that must be addressed in the town plan, including any matters that are specified by the Park management plan.

 

Section 2.4 of this Plan notes that the EPBC Regulations regulate a range of activities in Commonwealth reserves. Not all of these Regulations apply in Jabiru. Regulation 12.07 prescribes that a number of the Regulations do not apply. The Regulations that do apply in the town at the time of preparing this Plan include:

Regulation 12.15 prohibits the use or introduction of a pesticide, herbicide or other poisonous substance, except reasonable use for a domestic purpose.

 

Regulation 12.19 prohibits a person causing or allowing an animal owned by them, or in their charge, to enter or remain in the Park, except for a guide dog used by a blind person, a hearing dog used by a deaf person, or an assistance animal used by a person with a disability.

 

Regulation 12.20 prohibits plants (other than food) being taken into or possessed in the Park. The prohibition does not prevent plants being taken into Jabiru if they are included on a list given by the Director to the JTDA and Jabiru residents. Regulation 12.21 prohibits cultivating or propagating a plant unless it is a native plant included in a list given by the Director to the JTDA and (see also Section 5.11 of this Plan). Under r.12.22 the Director can require removal of plants that are cultivated or propagated contrary to r.12.21, and a warden or ranger may remove or destroy a plant if such a direction is not complied with.

 

Regulation 12.37 prohibits the sale of liquor in the Park. At the time of preparing this Plan the Director had issued permits for the purposes of r.12.37 in relation to the Jabiru Sports and Social Club, Jabiru Golf Club, the premises currently known as the Kakadu Lodge and Caravan Park, and the premises currently known as the Gagadju Crocodile Hotel.

 

The Planning Act and other Northern Territory laws apply in Jabiru (so long as they are not inconsistent with the EPBC Act, this Plan and the EPBC Regulations). The Jabiru Town Plan was made in 1981 under the Planning Act in force at the time, and was approved by the Director in accordance with the then National Parks and Wildlife Regulations. From 16 July 2000, the town plan has continued as if it had been made under the EPBC Act (pursuant to the Environmental Reform (Consequential Provisions) Act 1999). The EPBC Regulations (rr.11.09 to 11.13) set out requirements for preparing, approving, revoking and amending a town plan.

 

The Jabiru Town Plan divides Jabiru into a number of zones, and provides that (except for use of land as a public street or public park, or work for safety purposes) land may only be used or developed with the consent of the consent authority under the Planning Act, for a purpose that is specified by the town plan for the relevant zone. At the time of preparing this Plan ‘development’ is defined by the Planning Act as:

 

At the time of preparing this Plan the consent authority is the Minister responsible for the Planning Act. Applications for development consent must be made by the landowner ie for Jabiru, the Director.

Under the existing legal framework for Jabiru the Director’s agreement is therefore required for a range of matters, including:

 

The previous (4th) Management Plan also required the Director’s approval to be obtained for changes in land use of subleases eg from residential to commercial, and for construction or expansion of tourism or other commercial or community infrastructure developments, because of their potential environmental impacts.

 

The future of Jabiru

At the time of preparing this Plan, it is expected that mining operations at Ranger   are likely to cease  by about 2014 (ie about the time this Plan will cease to have effect). The consequent downsizing of ERA’s operations, with the departure of the major private employer and provider of services, has significant implications for the future of Jabiru.

 

Expiry of the town lease in 2021 also impacts on the future of the town.

 

It is possible that the town could develop as a regional administrative centre or have a more limited role as an accommodation and service centre for the Park. If alternative sources of employment do not emerge following the expected withdrawal of ERA, the population of Jabiru will be substantially less, mainly Park employees, remaining service industries and Bininj. A smaller population has the potential to lead to a reduction in the level of government services in the town.

 

Closure of the Ranger mine and downsizing of Jabiru, and the possible end of the town lease, have the potential to impact on surrounding areas of the Park unless these areas are appropriately rehabilitated and managed.

 

All of these issues have the potential to impact on the Director’s resources for managing the Park.

 

The recommendations of the Kakadu Region Social Impact Study, established by the Australian Government in 1996 and reported on in 1997, included the need to:

 

 

The Australian Government supported this latter recommendation in principle in its response presented to the World Heritage Committee meeting in Kyoto in June 2000. The response said, in part:

 

……support in principle…the future of Jabiru needs to be reassessed taking into account the aspirations of Aboriginal people, the needs of the mining and other industries (eg tourism), commercial interests and any potential impacts on the surrounding park. The Commonwealth will seek the cooperation of the Northern Territory Government to jointly sponsor the proposed community consultation program as a necessary first step to clarifying future options and a vision for Jabiru and the region.

 

At the time of preparing this Plan, discussions between the key stakeholders had identified a number of possible options for future land management and governance for Jabiru that would assist in the economic development of the town, preserve the natural and cultural values of the Park, and recognise the status of the Mirarr as traditional owners.

 

What we are going to do

 

Policies

 

7.1.1 The Board and the Director recognise that by Aboriginal tradition the Mirarr people are the traditional Aboriginal owners of the land in and around Jabiru and have primary responsibility for and rights relating to that land as found by the Fox inquiry, and will consult and seek to reach agreement with Mirarr in decision-making relating to Jabiru.

7.1.2 Subject to any changes implemented in accordance with this Plan:

         Jabiru may continue to be developed on its current site for residential, commercial and community purposes in accordance with this Plan and the existing town plan

         the terms and conditions of the town lease will be maintained

         the location and purposes of zones in the town will be as specified in the existing town plan.

7.1.3 A new town plan should be prepared by the Northern Territory Government, in conjunction with the JTDA.

7.1.4 The Director may grant a new town lease and licences associated with the town, and approve a new town plan.

7.1.5 The Director will work with stakeholders to simplify the development approval process. Subject to any new process being agreed and implemented the following actions require the Director’s approval, which may be given subject to conditions:

          all applications for consent for development under the Planning Act, unless the JTDA is authorized under Policy 7.1.6 to make the application on behalf of the Director

          any changes in land use of subleases e.g. from residential to commercial

          significant construction or expansion of existing tourism or other commercial or community infrastructure developments.

7.1.6 The Director may, with the approval of the Board, authorise the JTDA to make applications for development consent under the Planning Act on behalf of the Director for all or certain types of activities.

 

Note: Subject to any changes to the existing legal framework for the town the Director’s approval is also necessary for:

  • changes to the town lease, such as extension of the lease beyond 2021 or changes to the persons that the JTDA may grant subleases to (because the Director is the lessor)
  • changes to the town plan or the making of a new town plan (because the Director’s approval is required under the EPBC Act and Regulations).

 

 

7.1.7 Before making any decisions required in relation to the town under the preceding prescriptions the Director will:

          consult and, if possible, reach agreement with the Mirarr people

          consult with and have regard to the views of other relevant Bininj and the NLC

          consult with the JTDA and the JTC (or their successors)

          refer the proposal to the Kakadu Board of Management for consideration and advice

and will only approve or proceed with a proposed action if it will provide more benefits than costs to the natural and cultural environment of the Park, to Bininj, and to the appropriate use, appreciation and enjoyment of the Park by the public.

7.1.8 The town must be managed by the JTDA in accordance with the lease.

7.1.9 The JTC (or JTDA) should regularly monitor waste water discharges in and from the town, and water supply quality, and provide reports to the Director.

7.1.10 Environment protection measures, including waste management, must be observed and implemented to a high standard.

7.1.11 Areas that are no longer required for use in the town, as agreed between the Director and the JTDA, must be rehabilitated to an appropriate standard.

7.1.12 The Director and the Board will engage in initiatives aimed at minimising the adverse social impacts of Jabiru and developing beneficial outcomes for Aboriginal people, lifestyles and traditions.

7.1.13 The Director and the Board will work with the community of Jabiru to improve the way the town reflects and enhances the World Heritage values of the Park.

7.1.14 The Director may issue permits and licences authorising recreational activities by Jabiru residents in areas adjoining the town.

7.1.15 The Mirarr native title application in relation to Jabiru and NT Portions 2271 and 2273, and the possibility of this land becoming Aboriginal land under the Land Rights Act, should be resolved by consent if possible.

7.1.16 Appropriate functions and powers of the Director under the EPBC Regulations should be delegated to the JTC (or any successor to the functions of the JTC).

 

 

7.1.17 The Director may take actions covered by s.354(1) of the EPBC Act in Jabiru where they are necessary for preserving or protecting the Park (or part of the Park) and its values, or protecting or conserving biodiversity or heritage, protecting persons or property, or to address non-compliance with the town lease.

7.1.18 A person other than the Director may only kill, injure, take, trade, keep or move a member of a native species in Jabiru in accordance with a permit issued by the Director under the EPBC Regulations.

7.1.19 A person other than the Director may only damage heritage in Jabiru in accordance with a permit issued by the Director under the EPBC Regulations.

7.1.20 Subject to the following exceptions, and unless the Director’s approval is required under Section 7.1.5 above (dealing with developments etc that require the Director’s approval), a person may carry on an excavation, erect a building or other structures, or carry out other works in the town in accordance with relevant laws (and will not require a permit from the Director):

          Excavations may be carried on as part of routine gardening activities, routine infrastructure maintenance (eg sewerage, storm water, telecommunication cables), but other excavations, including drilling bores, may only be carried on in accordance with a permit issued by the Director under the EPBC Regulations.

          The Director may determine that works, other than erecting a building or other structures, require a permit (because of their potential impacts).

7.1.21 Commercial activities may be carried on in Jabiru in accordance with the town lease and relevant laws without a permit or other approval from the Director. This prescription does not affect the requirements of Section 7.1.31 relating to the sale of liquor in the town.

 

 

7.1.22 Unless the Director approves otherwise a person may only introduce or use pesticides, herbicides, or other poisonous substances in accordance with a permit issued by the Director.

 

Note: The prohibition in r.12.15 of the EPBC Regulations does not apply to reasonable use by a person for domestic purposes.

 

7.1.23 A permit will not be issued if the Director considers that the proposed activity is likely to have an adverse impact on the environment and/or human health.

 

 

7.1.24 The Director will provide information to Jabiru residents to encourage them not to introduce animals to the Park.

7.1.25 Cats must not be brought into or kept in Jabiru (and permits will not be issued).

7.1.26 Dogs may be brought into and kept in Jabiru in accordance with a permit issued by the Director under the EPBC Regulations. A maximum of two dogs may be kept at any residence.

7.1.27 Birds may only be brought into and kept in Jabiru in accordance with a permit issued by the Director. Permits will only be issued in exceptional circumstances.

7.1.27 Fish may only be brought into and kept in Jabiru in accordance with a permit issued by the Director. Permits will only be issued for fish native to the Magela Creek system. Permit conditions will include that fish must be kept in home aquaria, and must not be re-released into the wild.

7.1.29 Permits authorising other domestic animals ie other than those referred to in the preceding sections, to be brought into and kept in Jabiru will only be issued in exceptional circumstances and provided that the Director is satisfied there is minimal risk of adverse impacts on native species or ecosystems.

7.1.30 Non-domestic animals, including zoo or circus animals, must not be brought into the Park (and permits will not be issued).

7.1.31 The JTC (or any successor to its functions) will be responsible for catching and controlling escaped domestic dogs in the town.

 

 

7.1.32 Liquor must not be sold in the town except in accordance with a permit issued by the Director under the EPBC Regulations and the Liquor Act (NT).

7.1.33 Permits to sell liquor will not be issued by the Director unless the proposed permittee holds a licence under the Liquor Act (NT).

7.1.34 A permit holder must not apply to vary a licence under the Liquor Act, or to vary the licence conditions, without first having obtained the approval of the Director.

7.1.35 In making decisions about liquor permits the Director will consult and have regard to the views of Bininj, the NLC, local Aboriginal associations and the body known as the Gunbang Action Group (or its successor).

 

 

7.1.36 Unless otherwise approved by the Director, or another prescription (ie policy or action) in this Plan, the following activities may only be carried on in the town in accordance with a permit issued by the Director under the EPBC Regulations:

        r.12.10 – scientific research

          r.12.16 – introduction or removal of earth materials, and fossicking

          r.12.26 – adventurous activities

          r.12.58 – landing and taking off of aircraft

7.1.37 Any other activities carried on in the town that are covered by the EPBC Regulations and not covered by another prescription in this Plan may be carried on in accordance with applicable laws and will not require a permit from the Director.

 

Actions

 

7.1.38 The Director will monitor, and where necessary take appropriate measures to ensure, compliance with the town lease.

7.1.39 Without limiting 7.1.37 the Director will take all reasonable steps:

            to have environment protection and waste management measures undertaken in Jabiru to a high standard

            to have an environmental management plan for Jabiru developed, implemented, and regularly reviewed

            to ensure regular environmental monitoring of Jabiru and its immediate surrounds

            to have sewage and waste management in Jabiru reviewed, and necessary changes implemented as soon as possible

            to ensure weed and feral animal management in the sewage irrigation area and waste dumps is properly addressed.

7.1.40 The Director will take all reasonable steps to reach agreement with key stakeholders, and to implement a shared vision for the long-term sustainable development of Jabiru.

 

7.1.40 The Director will delegate power to issue permits for the purposes of r.12.19 in relation to dogs to the JTC (or any successor to its functions). The delegation may be revoked.

7.1.41 The Director will control other feral animals, such as wild dog and dingo cross-breeds, cats and buffaloes, in the town.

 

 

7.1.42 The Director will provide information to Jabiru residents to encourage them not to introduce plants or allow weeds to spread.

7.1.43 The Director will maintain and regularly review a list of plants under r.12.20 that may be taken into and kept in Jabiru; and a list of plants under r.12.21 that may be cultivated or propagated in the town (see also Section 5.11 of this Plan).

7.1.44 The Director will encourage the development of a nursery in Jabiru, so that residents have a local source of garden plants. If a nursery is established the Director will consider whether other plants should be allowed to be introduced into the Park, and may vary or revoke the list of plants under r.12.20.

7.1.45 The Director will, so far as possible, implement, or ensure the JTDA implements, the actions listed in Section 5.11 of this Plan.

 

 

 

Our aim

Cooperative relations and partnerships are developed and maintained with Park neighbours and stakeholders in a manner that focuses on promoting the joint management of the Park and achieving common management aims.

 

Measuring how well we are meeting our aim

 

 

The Director also has cooperative relationships with a range of stakeholders and agencies that are based outside the Kakadu region including non government organisations such as universities and other research organisations, Park user groups and Northern Territory and Australian Government agencies. Many of these stakeholders and agencies have interests in, and/or skills and knowledge that can contribute to, the management of the Park. As a consequence, these stakeholders and agencies, in particular Northern Territory and Australian Government agencies, play an essential role in the effective management of the Park. 

 

Section 6 of this Plan outlines relationships and actions relating to tourism stakeholders.

 

 

 

Policy

7.2.1          The Board and the Director will further develop and maintain good working relationships with relevant stakeholders.

 

7.2.2          The Board and Director will work with relevant Australian and Northern Territory Government agencies, regional organisations, research organisations, Park user groups, non-government environmental organisations and other stakeholders and neighbours to promote a regional and partnership approach when dealing with issues affecting the management of the Park and the Kakadu region. To help do this the Board and Director may:

-          seek representation on relevant advisory, project and steering committees

-          establish additional advisory, management and consultative committees

-          work with relevant regional stakeholders to take an integrated approach to regional landscape management and planning issues.

-          contribute to regional programs and assist neighbours and stakeholders in a manner consistent with this Plan.

7.2.3 Park staff will work with relevant stakeholders, including local agencies, organisations, leaseholders and Aboriginal associations, to provide information for Park residents and neighbours to increase their awareness of Park management issues and aims.