Fitzroy River Let It Flow

1
Legal Protection for the Fitzroy River
2
Kimberley Freshwater Campaign

• Joint campaign of Environs Kimberley and
  Australian Conservation Foundation.
• Funded by the Australian Conservation Foundation
  Mullum Trust.

3
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.

4
Campaign Objective

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

5
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.

6
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.

7
Opportunities Influences
National Water Initiative
WA Legislative Reform
Native Title
CROSS-CULTURAL LEGAL PROTECTION for the FITZROY
RIVER
WA Government Policy (No Dams)
Rangelands NRM Plan(FitzCAM)
State Water Plan regional water planning
Caring for Country Plan
Kimberley Appropriate Economies Roundtable
8
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.

9
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.

10
Principles