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Western Australia Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Contents Part 1 -- Preliminary 1. Short title 3 2. Commencement 3 3. Terms used 3 4. Object of Act 3 5. Operation of Act 4 6. Act binds the State 4 Part 2 -- Key concepts defined 7. Remote Aboriginal communities 5 8. Forced closure 5 9. Municipal and essential services 5 10. Public authority 6 Part 3 -- Decisions about forced closure of remote Aboriginal communities 11. Decisions about forced closure 7 12. Matters that must be taken into account when making decisions about forced closure 8 13. Review of certain decision about forced closure 9 14. Regulations 10 9--1 page i Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Contents Schedule 1 -- Declaration of the Rights of Indigenous Peoples Schedule 2 -- Priority Investment Communities -- WA Defined terms page ii Western Australia LEGISLATIVE COUNCIL (Introduced by Hon Mr Robin Chapple, MLC) Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 A Bill for An Act to provide for the prevention of the forced closure of remote Aboriginal communities. page 1 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 1 Preamble 2 A. Since time immemorial, the Aboriginal people of Western 3 Australia have inhabited lands in the State. 4 B. Under Aboriginal law and custom, the Aboriginal people of 5 Western Australia are the traditional owners of, and have 6 cultural responsibilities and rights in relation to, lands in the 7 State. 8 C. The Aboriginal people of Western Australia continue to have a 9 living cultural, spiritual, familial and social relationship with 10 those lands. 11 D. It has been agreed with the Commonwealth of Australia that 12 Western Australia is to take responsibility for providing services 13 to support remote Aboriginal communities. 14 E. Under the Constitution Act 1889 the Parliament of Western 15 Australia resolves to acknowledge the Aboriginal people as the 16 First People of Western Australia and traditional custodians of 17 the land and to seek to effect a reconciliation with the 18 Aboriginal people of Western Australia. The Parliament of Western Australia enacts as follows: page 2 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Preliminary Part 1 s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Prevention of Forced Closure of Remote Aboriginal 4 Communities Act 2017. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) sections 1 and 2 -- on the day on which this Act 8 receives the Royal Assent; 9 (b) the rest of the Act -- on the day after that day. 10 3. Terms used 11 In this Act -- 12 decision about forced closure, of a remote Aboriginal 13 community, has the meaning given in section 11; 14 Declaration on the Rights of Indigenous Peoples means the 15 United Nations Declaration on the Rights of Indigenous Peoples 16 of 13 September 2007, contained in the annexure to General 17 Assembly Resolution 61/295, endorsed by the Commonwealth 18 of Australia on 3 April 2009, a copy of the English text of 19 which is set out in Schedule 1; 20 forced closure, of a remote Aboriginal community, has the 21 meaning given in section 8; 22 municipal and essential services has the meaning given in 23 section 9; 24 public authority has the meaning given in section 10; 25 remote Aboriginal community has the meaning given in 26 section 7. 27 4. Object of Act 28 The object of this Act is to prevent the forced closure of remote 29 Aboriginal communities. page 3 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Part 1 Preliminary s. 5 1 5. Operation of Act 2 This Act has effect despite any provision of an Act referred to in 3 section 11(3) or any other written law under which a decision 4 about forced closure of a remote Aboriginal community is 5 made. 6 6. Act binds the State 7 (1) This Act binds the State. 8 (2) In this section -- 9 State means the Crown in right of the State, and includes -- 10 (a) the Government of the State; and 11 (b) a Minister of the Crown in right of the State; and 12 (c) a statutory corporation, or other entity, representing the 13 Crown in right of the State. page 4 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Key concepts defined Part 2 s. 7 1 Part 2 -- Key concepts defined 2 7. Remote Aboriginal communities 3 (1) A remote Aboriginal community means -- 4 (a) a community listed in the document entitled "Priority 5 Investment Communities -- WA", a copy of which is 6 set out in Schedule 2; and 7 (b) a community wholly or principally composed of persons 8 of Aboriginal descent as defined in the Aboriginal 9 Affairs Planning Authority Act 1972 section 4. 10 (2) For the purposes of subsection (1)(a), a community is listed in 11 that document even if the community has been renamed, or is 12 known by a different name. 13 8. Forced closure 14 Forced closure of a remote Aboriginal community means any 15 action taken without the free, prior and informed consent of the 16 members of the community that has the aim or effect of -- 17 (a) closing the community, or relocating the members of the 18 community; or 19 (b) deterring people from living in the community due to a 20 lack of, or inadequate, municipal and essential services 21 available to the members of the community. 22 9. Municipal and essential services 23 Municipal and essential services include the following -- 24 (a) a supply of power, in the form of electricity or gas or 25 both; 26 (b) a supply of potable water; 27 (c) a sewerage system, septic tank or other waste water 28 management treatment; 29 (d) infrastructure provision (including houses, schools, 30 hospitals, clinics and roads); page 5 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Part 2 Key concepts defined s. 10 1 (e) educational services; 2 (f) health services; 3 (g) a waste disposal or collection service; 4 (h) any other service prescribed by regulations to be a 5 municipal and essential service for the purposes of this 6 section. 7 10. Public authority 8 Each of the following is a public authority -- 9 (a) the Crown in right of the State; 10 (b) the Government of the State; 11 (c) the Governor in Executive Council; 12 (d) a Minister of the Crown in right of the State; 13 (e) a State Government department, State trading concern, 14 State agency or instrumentality; 15 (f) a local government or a regional local government; 16 (g) any other body or person, whether incorporated or not, 17 that under a written law administers, provides or carries 18 on a municipal and essential service for the benefit of 19 the State or a part of the State; 20 (h) any other person or entity prescribed by regulations to 21 be a public authority for the purposes of this section. page 6 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Decisions about forced closure of remote Aboriginal Part 3 communities s. 11 1 Part 3 -- Decisions about forced closure of remote 2 Aboriginal communities 3 11. Decisions about forced closure 4 (1) A decision by a public authority that will, or has the potential to, 5 result in, or that has resulted in, the forced closure of a remote 6 Aboriginal community is a decision about the forced closure of 7 the community. 8 (2) In considering whether a decision is a decision about forced 9 closure, it is irrelevant whether the public authority made the 10 decision alone or jointly with any of the following -- 11 (a) another person or body, whether incorporated or not; 12 (b) another State or Territory, or the Commonwealth; 13 (c) an agency or instrumentality of another State or 14 Territory, or of the Commonwealth. 15 (3) The following are examples of decisions about the provision of 16 municipal and essential services that may be a decision about 17 the forced closure of a remote Aboriginal community -- 18 (a) a decision about the provision of a water service to a 19 remote Aboriginal community under the Water Services 20 Act 2012, or by a person licensed to provide a water 21 service under that Act; 22 (b) a decision about the land in respect of which statutory 23 water service charges will apply under the Water 24 Services Act 2012; 25 (c) a decision about the supply of energy to a remote 26 Aboriginal community under the Energy Coordination 27 Act 1994; 28 (d) a decision about the supply of electricity to a remote 29 Aboriginal community under the Electricity Industry 30 Act 2004, or by a person licensed under that Act; page 7 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Part 3 Decisions about forced closure of remote Aboriginal communities s. 12 1 (e) a decision about the supply of gas to a remote 2 Aboriginal community under the Energy Coordination 3 Act 1994 or by a person licensed under that Act; 4 (f) a decision under the School Education Act 1999 to 5 establish, amalgamate or close a government school at a 6 remote Aboriginal community; 7 (g) a decision under the Public Health Act 2016 or the 8 Health Services Act 2016 that affects a remote 9 Aboriginal community; 10 (h) a decision about the provision of a municipal and 11 essential service under the Local Government Act 1995 12 that affects a remote Aboriginal community; 13 (i) any other decision prescribed by regulations for the 14 purposes of this section. 15 (4) A decision by a public authority about the provision of a 16 municipal and essential service includes a decision to cease to 17 provide, or to provide a reduction in, or limit access to, a 18 municipal and essential service. 19 12. Matters that must be taken into account when making 20 decisions about forced closure 21 In making a decision about the forced closure of a remote 22 Aboriginal community the public authority must use its best 23 endeavours to adhere to the principles set out in the Declaration 24 on the Rights of Indigenous Peoples, and in particular -- 25 (a) Articles 8, 9 and 10 -- the right of indigenous people 26 not to be subjected to forced assimilation or destruction 27 of their culture or removal from their lands and the right 28 to belong to an indigenous community or nation; and 29 (b) Articles 3, 4, 18 and 23 -- the right of indigenous 30 people to self-determination, autonomy or 31 self-government in matters relating to their internal and 32 local affairs, to develop their own indigenous 33 decision-making institutions and to determine and page 8 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Decisions about forced closure of remote Aboriginal Part 3 communities s. 13 1 develop priorities and strategies for exercising their right 2 to development; and 3 (c) Articles 19 and 39 -- the right of indigenous people to 4 be actively involved in developing and determining 5 health, housing and other economic and social 6 programmes involving them, the right to consultation 7 and cooperation in good faith from the State and to have 8 access to financial and technical assistance from the 9 State for the enjoyment of their rights. 10 13. Review of certain decision about forced closure 11 (1) A person specified in subsection (2) may apply to the State 12 Administrative Tribunal for a review of a decision about the 13 forced closure of a remote Aboriginal community. 14 (2) A member of a remote Aboriginal community may apply under 15 subsection (1) if -- 16 (a) a decision about forced closure has been made about 17 their community; and 18 (b) the person has reason to believe, and does believe, that 19 the public authority that made the decision did not make 20 it in compliance with section 12. 21 (3) An application for a review of a decision about the forced 22 closure of a remote Aboriginal community may be made by, or 23 on behalf of, 1 or more than 1 person referred to in 24 subsection (2). 25 (4) An application for a review of a decision about the forced 26 closure of a remote Aboriginal community must be made 27 within -- 28 (a) 6 months after the decision was made; or 29 (b) if the remote Aboriginal community affected was not 30 given written notice about the decision -- 6 months 31 after it became apparent to 1 or more of the members of 32 the community that a decision about the forced closure 33 of their community had been made. page 9 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Part 3 Decisions about forced closure of remote Aboriginal communities s. 14 1 (5) An application should be made in writing, but the executive 2 officer, as defined in the State Administrative Tribunal Act 2004 3 section 3(1), may formulate in writing any oral application 4 made to the State Administrative Tribunal. 5 14. Regulations 6 The Governor may make regulations prescribing all matters that 7 are required or permitted by this Act to be prescribed, or are 8 necessary or convenient to be prescribed, for giving effect to the 9 purposes of this Act. page 10 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Declaration of the Rights of Indigenous Peoples Schedule 1 1 Schedule 1 -- Declaration of the Rights of 2 Indigenous Peoples 3 [s. 3] 4 United Nations A/RES/61/295 5 _______________________________________________________________ 6 General Assembly Distr.: General 7 2 October 2007 8 _______________________________________________________________ 9 Sixty-first session 10 Agenda item 68 11 Resolution adopted by the General Assembly on 13 September 2007 12 [without reference to a Main Committee (A/61/L.67 and Add. 1)] 13 61/295. United Nations Declaration on the Rights of Indigenous Peoples 14 The General Assembly, 15 Taking note of the recommendation of the Human Rights Council contained in 16 its resolution 1/2 of 29 June 2006,1 by which the Council adopted the text of the 17 United Nations Declaration on the Rights of Indigenous Peoples, 18 Recalling its resolution 61/178 of 20 December 2006, by which it decided to 19 defer consideration of and action on the Declaration to allow time for further 20 consultations thereon, and also decided to conclude its consideration before the 21 end of the sixty-first session of the General Assembly, 22 Adopts the United Nations Declaration on the Rights of Indigenous Peoples as 23 contained in the annex to the present resolution. 24 25 107th plenary meeting 26 13 September 2007 page 11 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Schedule 1 Declaration of the Rights of Indigenous Peoples 1 Annex 2 United Nations Declaration on the Rights of Indigenous Peoples 3 The General Assembly, 4 Guided by the purposes and principles of the Charter of the United Nations, and 5 good faith in the fulfilment of the obligations assumed by States in accordance 6 with the Charter, 7 Affirming that indigenous peoples are equal to all other peoples, while 8 recognizing the right of all peoples to be different, to consider themselves 9 different, and to be respected as such, 10 Affirming also that all peoples contribute to the diversity and richness of 11 civilizations and cultures, which constitute the common heritage of humankind, 12 Affirming further that all doctrines, policies and practices based on or 13 advocating superiority of peoples or individuals on the basis of national origin 14 or racial, religious, ethnic or cultural differences are racist, scientifically false, 15 legally invalid, morally condemnable and socially unjust, 16 Reaffirming that indigenous peoples, in the exercise of their rights, should be 17 free from discrimination of any kind, 18 Concerned that indigenous peoples have suffered from historic injustices as a 19 result of, inter alia, their colonization and dispossession of their lands, territories 20 and resources, thus preventing them from exercising, in particular, their right to 21 development in accordance with their own needs and interests, 22 Recognizing the urgent need to respect and promote the inherent rights of 23 indigenous peoples which derive from their political, economic and social 24 structures and from their cultures, spiritual traditions, histories and 25 philosophies, especially their rights to their lands, territories and resources, 26 Recognizing also the urgent need to respect and promote the rights of 27 indigenous peoples affirmed in treaties, agreements and other constructive 28 arrangements with States, 29 Welcoming the fact that indigenous peoples are organizing themselves for 30 political, economic, social and cultural enhancement and in order to bring to an 31 end all forms of discrimination and oppression wherever they occur, 32 Convinced that control by indigenous peoples over developments affecting them 33 and their lands, territories and resources will enable them to maintain and page 12 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Declaration of the Rights of Indigenous Peoples Schedule 1 1 strengthen their institutions, cultures and traditions, and to promote their 2 development in accordance with their aspirations and needs, 3 Recognizing that respect for indigenous knowledge, cultures and traditional 4 practices contributes to sustainable and equitable development and proper 5 management of the environment, 6 Emphasizing the contribution of the demilitarization of the lands and territories 7 of indigenous peoples to peace, economic and social progress and development, 8 understanding and friendly relations among nations and peoples of the world, 9 Recognizing in particular the right of indigenous families and communities to 10 retain shared responsibility for the upbringing, training, education and 11 well-being of their children, consistent with the rights of the child, 12 Considering that the rights affirmed in treaties, agreements and other 13 constructive arrangements between States and indigenous peoples are, in some 14 situations, matters of international concern, interest, responsibility and 15 character, 16 Considering also that treaties, agreements and other constructive arrangements, 17 and the relationship they represent, are the basis for a strengthened partnership 18 between indigenous peoples and States, 19 Acknowledging that the Charter of the United Nations, the International 20 Covenant on Economic, Social and Cultural Rights2 and the International 21 Covenant on Civil and Political Rights,2 as well as the Vienna Declaration and 22 Programme of Action,3 affirm the fundamental importance of the right to 23 self-determination of all peoples, by virtue of which they freely determine their 24 political status and freely pursue their economic, social and cultural 25 development, 26 Bearing in mind that nothing in this Declaration may be used to deny any 27 peoples their right to self-determination, exercised in conformity with 28 international law, 29 Convinced that the recognition of the rights of indigenous peoples in this 30 Declaration will enhance harmonious and cooperative relations between the 31 State and indigenous peoples, based on principles of justice, democracy, respect 32 for human rights, non-discrimination and good faith, 33 Encouraging States to comply with and effectively implement all their 34 obligations as they apply to indigenous peoples under international instruments, page 13 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Schedule 1 Declaration of the Rights of Indigenous Peoples 1 in particular those related to human rights, in consultation and cooperation with 2 the peoples concerned, 3 Emphasizing that the United Nations has an important and continuing role to 4 play in promoting and protecting the rights of indigenous peoples, 5 Believing that this Declaration is a further important step forward for the 6 recognition, promotion and protection of the rights and freedoms of indigenous 7 peoples and in the development of relevant activities of the United Nations 8 system in this field, 9 Recognizing and reaffirming that indigenous individuals are entitled without 10 discrimination to all human rights recognized in international law, and that 11 indigenous peoples possess collective rights which are indispensable for their 12 existence, well-being and integral development as peoples, 13 Recognizing that the situation of indigenous peoples varies from region to 14 region and from country to country and that the significance of national and 15 regional particularities and various historical and cultural backgrounds should 16 be taken into consideration, 17 Solemnly proclaims the following United Nations Declaration on the Rights of 18 Indigenous Peoples as a standard of achievement to be pursued in a spirit of 19 partnership and mutual respect: 20 Article 1 21 Indigenous peoples have the right to the full enjoyment, as a collective or as 22 individuals, of all human rights and fundamental freedoms as recognized in the 23 Charter of the United Nations, the Universal Declaration of Human Rights4 and 24 international human rights law. 25 Article 2 26 Indigenous peoples and individuals are free and equal to all other peoples and 27 individuals and have the right to be free from any kind of discrimination, in the 28 exercise of their rights, in particular that based on their indigenous origin or 29 identity. 30 Article 3 31 Indigenous peoples have the right to self-determination. By virtue of that right 32 they freely determine their political status and freely pursue their economic, 33 social and cultural development. page 14 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Declaration of the Rights of Indigenous Peoples Schedule 1 1 Article 4 2 Indigenous peoples, in exercising their right to self-determination, have the right 3 to autonomy or self-government in matters relating to their internal and local 4 affairs, as well as ways and means for financing their autonomous functions. 5 Article 5 6 Indigenous peoples have the right to maintain and strengthen their distinct 7 political, legal, economic, social and cultural institutions, while retaining their 8 right to participate fully, if they so choose, in the political, economic, social and 9 cultural life of the State. 10 Article 6 11 Every indigenous individual has the right to a nationality. 12 Article 7 13 1. Indigenous individuals have the rights to life, physical and mental 14 integrity, liberty and security of person. 15 2. Indigenous peoples have the collective right to live in freedom, peace and 16 security as distinct peoples and shall not be subjected to any act of genocide or 17 any other act of violence, including forcibly removing children of the group to 18 another group. 19 Article 8 20 1. Indigenous peoples and individuals have the right not to be subjected to 21 forced assimilation or destruction of their culture. 22 2. States shall provide effective mechanisms for prevention of, and redress 23 for: 24 (a) Any action which has the aim or effect of depriving them of their 25 integrity as distinct peoples, or of their cultural values or ethnic identities; 26 (b) Any action which has the aim or effect of dispossessing them of 27 their lands, territories or resources; 28 (c) Any form of forced population transfer which has the aim or effect 29 of violating or undermining any of their rights; 30 (d) Any form of forced assimilation or integration; page 15 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Schedule 1 Declaration of the Rights of Indigenous Peoples 1 (e) Any form of propaganda designed to promote or incite racial or 2 ethnic discrimination directed against them. 3 Article 9 4 Indigenous peoples and individuals have the right to belong to an indigenous 5 community or nation, in accordance with the traditions and customs of the 6 community or nation concerned. No discrimination of any kind may arise from 7 the exercise of such a right. 8 Article 10 9 Indigenous peoples shall not be forcibly removed from their lands or territories. 10 No relocation shall take place without the free, prior and informed consent of 11 the indigenous peoples concerned and after agreement on just and fair 12 compensation and, where possible, with the option of return. 13 Article 11 14 1. Indigenous peoples have the right to practise and revitalize their cultural 15 traditions and customs. This includes the right to maintain, protect and develop 16 the past, present and future manifestations of their cultures, such as 17 archaeological and historical sites, artefacts, designs, ceremonies, technologies 18 and visual and performing arts and literature. 19 2. States shall provide redress through effective mechanisms, which may 20 include restitution, developed in conjunction with indigenous peoples, with 21 respect to their cultural, intellectual, religious and spiritual property taken 22 without their free, prior and informed consent or in violation of their laws, 23 traditions and customs. 24 Article 12 25 1. Indigenous peoples have the right to manifest, practise, develop and teach 26 their spiritual and religious traditions, customs and ceremonies; the right to 27 maintain, protect, and have access in privacy to their religious and cultural sites; 28 the right to the use and control of their ceremonial objects; and the right to the 29 repatriation of their human remains. 30 2. States shall seek to enable the access and/or repatriation of ceremonial 31 objects and human remains in their possession through fair, transparent and 32 effective mechanisms developed in conjunction with indigenous peoples 33 concerned. page 16 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Declaration of the Rights of Indigenous Peoples Schedule 1 1 Article 13 2 1. Indigenous peoples have the right to revitalize, use, develop and transmit 3 to future generations their histories, languages, oral traditions, philosophies, 4 writing systems and literatures, and to designate and retain their own names for 5 communities, places and persons. 6 2. States shall take effective measures to ensure that this right is protected 7 and also to ensure that indigenous peoples can understand and be understood in 8 political, legal and administrative proceedings, where necessary through the 9 provision of interpretation or by other appropriate means. 10 Article 14 11 1. Indigenous peoples have the right to establish and control their 12 educational systems and institutions providing education in their own 13 languages, in a manner appropriate to their cultural methods of teaching and 14 learning. 15 2. Indigenous individuals, particularly children, have the right to all levels 16 and forms of education of the State without discrimination. 17 3. States shall, in conjunction with indigenous peoples, take effective 18 measures, in order for indigenous individuals, particularly children, including 19 those living outside their communities, to have access, when possible, to an 20 education in their own culture and provided in their own language. 21 Article 15 22 1. Indigenous peoples have the right to the dignity and diversity of their 23 cultures, traditions, histories and aspirations which shall be appropriately 24 reflected in education and public information. 25 2. States shall take effective measures, in consultation and cooperation with 26 the indigenous peoples concerned, to combat prejudice and eliminate 27 discrimination and to promote tolerance, understanding and good relations 28 among indigenous peoples and all other segments of society. 29 Article 16 30 1. Indigenous peoples have the right to establish their own media in their 31 own languages and to have access to all forms of non-indigenous media without 32 discrimination. page 17 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Schedule 1 Declaration of the Rights of Indigenous Peoples 1 2. States shall take effective measures to ensure that State-owned media 2 duly reflect indigenous cultural diversity. States, without prejudice to ensuring 3 full freedom of expression, should encourage privately owned media to 4 adequately reflect indigenous cultural diversity. 5 Article 17 6 1. Indigenous individuals and peoples have the right to enjoy fully all rights 7 established under applicable international and domestic labour law. 8 2. States shall in consultation and cooperation with indigenous peoples take 9 specific measures to protect indigenous children from economic exploitation 10 and from performing any work that is likely to be hazardous or to interfere with 11 the child's education, or to be harmful to the child's health or physical, mental, 12 spiritual, moral or social development, taking into account their special 13 vulnerability and the importance of education for their empowerment. 14 3. Indigenous individuals have the right not to be subjected to any 15 discriminatory conditions of labour and, inter alia, employment or salary. 16 Article 18 17 Indigenous peoples have the right to participate in decision-making in matters 18 which would affect their rights, through representatives chosen by themselves in 19 accordance with their own procedures, as well as to maintain and develop their 20 own indigenous decision-making institutions. 21 Article 19 22 States shall consult and cooperate in good faith with the indigenous peoples 23 concerned through their own representative institutions in order to obtain their 24 free, prior and informed consent before adopting and implementing legislative 25 or administrative measures that may affect them. 26 Article 20 27 1. Indigenous peoples have the right to maintain and develop their political, 28 economic and social systems or institutions, to be secure in the enjoyment of 29 their own means of subsistence and development, and to engage freely in all 30 their traditional and other economic activities. 31 2. Indigenous peoples deprived of their means of subsistence and 32 development are entitled to just and fair redress. page 18 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Declaration of the Rights of Indigenous Peoples Schedule 1 1 Article 21 2 1. Indigenous peoples have the right, without discrimination, to the 3 improvement of their economic and social conditions, including, inter alia, in 4 the areas of education, employment, vocational training and retraining, housing, 5 sanitation, health and social security. 6 2. States shall take effective measures and, where appropriate, special 7 measures to ensure continuing improvement of their economic and social 8 conditions. Particular attention shall be paid to the rights and special needs of 9 indigenous elders, women, youth, children and persons with disabilities. 10 Article 22 11 1. Particular attention shall be paid to the rights and special needs of 12 indigenous elders, women, youth, children and persons with disabilities in the 13 implementation of this Declaration. 14 2. States shall take measures, in conjunction with indigenous peoples, to 15 ensure that indigenous women and children enjoy the full protection and 16 guarantees against all forms of violence and discrimination. 17 Article 23 18 Indigenous peoples have the right to determine and develop priorities and 19 strategies for exercising their right to development. In particular, indigenous 20 peoples have the right to be actively involved in developing and determining 21 health, housing and other economic and social programmes affecting them and, 22 as far as possible, to administer such programmes through their own 23 institutions. 24 Article 24 25 1. Indigenous peoples have the right to their traditional medicines and to 26 maintain their health practices, including the conservation of their vital 27 medicinal plants, animals and minerals. Indigenous individuals also have the 28 right to access, without any discrimination, to all social and health services. 29 2. Indigenous individuals have an equal right to the enjoyment of the 30 highest attainable standard of physical and mental health. States shall take the 31 necessary steps with a view to achieving progressively the full realization of this 32 right. page 19 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Schedule 1 Declaration of the Rights of Indigenous Peoples 1 Article 25 2 Indigenous peoples have the right to maintain and strengthen their distinctive 3 spiritual relationship with their traditionally owned or otherwise occupied and 4 used lands, territories, waters and coastal seas and other resources and to uphold 5 their responsibilities to future generations in this regard. 6 Article 26 7 1. Indigenous peoples have the right to the lands, territories and resources 8 which they have traditionally owned, occupied or otherwise used or acquired. 9 2. Indigenous peoples have the right to own, use, develop and control the 10 lands, territories and resources that they possess by reason of traditional 11 ownership or other traditional occupation or use, as well as those which they 12 have otherwise acquired. 13 3. States shall give legal recognition and protection to these lands, territories 14 and resources. Such recognition shall be conducted with due respect to the 15 customs, traditions and land tenure systems of the indigenous peoples 16 concerned. 17 Article 27 18 States shall establish and implement, in conjunction with indigenous peoples 19 concerned, a fair, independent, impartial, open and transparent process, giving 20 due recognition to indigenous peoples' laws, traditions, customs and land tenure 21 systems, to recognize and adjudicate the rights of indigenous peoples pertaining 22 to their lands, territories and resources, including those which were traditionally 23 owned or otherwise occupied or used. Indigenous peoples shall have the right to 24 participate in this process. 25 Article 28 26 1. Indigenous peoples have the right to redress, by means that can include 27 restitution or, when this is not possible, just, fair and equitable compensation, 28 for the lands, territories and resources which they have traditionally owned or 29 otherwise occupied or used, and which have been confiscated, taken, occupied, 30 used or damaged without their free, prior and informed consent. 31 2. Unless otherwise freely agreed upon by the peoples concerned, 32 compensation shall take the form of lands, territories and resources equal in 33 quality, size and legal status or of monetary compensation or other appropriate 34 redress. page 20 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Declaration of the Rights of Indigenous Peoples Schedule 1 1 Article 29 2 1. Indigenous peoples have the right to the conservation and protection of 3 the environment and the productive capacity of their lands or territories and 4 resources. States shall establish and implement assistance programmes for 5 indigenous peoples for such conservation and protection, without 6 discrimination. 7 2. States shall take effective measures to ensure that no storage or disposal 8 of hazardous materials shall take place in the lands or territories of indigenous 9 peoples without their free, prior and informed consent. 10 3. States shall also take effective measures to ensure, as needed, that 11 programmes for monitoring, maintaining and restoring the health of indigenous 12 peoples, as developed and implemented by the peoples affected by such 13 materials, are duly implemented. 14 Article 30 15 1. Military activities shall not take place in the lands or territories of 16 indigenous peoples, unless justified by a relevant public interest or otherwise 17 freely agreed with or requested by the indigenous peoples concerned. 18 2. States shall undertake effective consultations with the indigenous peoples 19 concerned, through appropriate procedures and in particular through their 20 representative institutions, prior to using their lands or territories for military 21 activities. 22 Article 31 23 1. Indigenous peoples have the right to maintain, control, protect and 24 develop their cultural heritage, traditional knowledge and traditional cultural 25 expressions, as well as the manifestations of their sciences, technologies and 26 cultures, including human and genetic resources, seeds, medicines, knowledge 27 of the properties of fauna and flora, oral traditions, literatures, designs, sports 28 and traditional games and visual and performing arts. They also have the right 29 to maintain, control, protect and develop their intellectual property over such 30 cultural heritage, traditional knowledge, and traditional cultural expressions. 31 2. In conjunction with indigenous peoples, States shall take effective 32 measures to recognize and protect the exercise of these rights. page 21 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Schedule 1 Declaration of the Rights of Indigenous Peoples 1 Article 32 2 1. Indigenous peoples have the right to determine and develop priorities and 3 strategies for the development or use of their lands or territories and other 4 resources. 5 2. States shall consult and cooperate in good faith with the indigenous 6 peoples concerned through their own representative institutions in order to 7 obtain their free and informed consent prior to the approval of any project 8 affecting their lands or territories and other resources, particularly in connection 9 with the development, utilization or exploitation of mineral, water or other 10 resources. 11 3. States shall provide effective mechanisms for just and fair redress for any 12 such activities, and appropriate measures shall be taken to mitigate adverse 13 environmental, economic, social, cultural or spiritual impact. 14 Article 33 15 1. Indigenous peoples have the right to determine their own identity or 16 membership in accordance with their customs and traditions. This does not 17 impair the right of indigenous individuals to obtain citizenship of the States in 18 which they live. 19 2. Indigenous peoples have the right to determine the structures and to select 20 the membership of their institutions in accordance with their own procedures. 21 Article 34 22 Indigenous peoples have the right to promote, develop and maintain their 23 institutional structures and their distinctive customs, spirituality, traditions, 24 procedures, practices and, in the cases where they exist, juridical systems or 25 customs, in accordance with international human rights standards. 26 Article 35 27 Indigenous peoples have the right to determine the responsibilities of 28 individuals to their communities. 29 Article 36 30 1. Indigenous peoples, in particular those divided by international borders, 31 have the right to maintain and develop contacts, relations and cooperation, 32 including activities for spiritual, cultural, political, economic and social 33 purposes, with their own members as well as other peoples across borders. page 22 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Declaration of the Rights of Indigenous Peoples Schedule 1 1 2. States, in consultation and cooperation with indigenous peoples, shall 2 take effective measures to facilitate the exercise and ensure the implementation 3 of this right. 4 Article 37 5 1. Indigenous peoples have the right to the recognition, observance and 6 enforcement of treaties, agreements and other constructive arrangements 7 concluded with States or their successors and to have States honour and respect 8 such treaties, agreements and other constructive arrangements. 9 2. Nothing in this Declaration may be interpreted as diminishing or 10 eliminating the rights of indigenous peoples contained in treaties, agreements 11 and other constructive arrangements. 12 Article 38 13 States in consultation and cooperation with indigenous peoples, shall take the 14 appropriate measures, including legislative measures, to achieve the ends of this 15 Declaration. 16 Article 39 17 Indigenous peoples have the right to have access to financial and technical 18 assistance from States and through international cooperation, for the enjoyment 19 of the rights contained in this Declaration. 20 Article 40 21 Indigenous peoples have the right to access to and prompt decision through just 22 and fair procedures for the resolution of conflicts and disputes with States or 23 other parties, as well as to effective remedies for all infringements of their 24 individual and collective rights. Such a decision shall give due consideration to 25 the customs, traditions, rules and legal systems of the indigenous peoples 26 concerned and international human rights. 27 Article 41 28 The organs and specialized agencies of the United Nations system and other 29 intergovernmental organizations shall contribute to the full realization of the 30 provisions of this Declaration through the mobilization, inter alia, of financial 31 cooperation and technical assistance. Ways and means of ensuring participation 32 of indigenous peoples on issues affecting them shall be established. page 23 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Schedule 1 Declaration of the Rights of Indigenous Peoples 1 Article 42 2 The United Nations, its bodies, including the Permanent Forum on Indigenous 3 Issues, and specialized agencies, including at the country level, and States shall 4 promote respect for and full application of the provisions of this Declaration and 5 follow up the effectiveness of this Declaration. 6 Article 43 7 The rights recognized herein constitute the minimum standards for the survival, 8 dignity and well-being of the indigenous peoples of the world. 9 Article 44 10 All the rights and freedoms recognized herein are equally guaranteed to male 11 and female indigenous individuals. 12 Article 45 13 Nothing in this Declaration may be construed as diminishing or extinguishing 14 the rights indigenous peoples have now or may acquire in the future. 15 Article 46 16 1. Nothing in this Declaration may be interpreted as implying for any State, 17 people, group or person any right to engage in any activity or to perform any act 18 contrary to the Charter of the United Nations or construed as authorizing or 19 encouraging any action which would dismember or impair, totally or in part, the 20 territorial integrity or political unity of sovereign and independent States. 21 2. In the exercise of the rights enunciated in the present Declaration, human 22 rights and fundamental freedoms of all shall be respected. The exercise of the 23 rights set forth in this Declaration shall be subject only to such limitations as are 24 determined by law and in accordance with international human rights 25 obligations. Any such limitations shall be non-discriminatory and strictly 26 necessary solely for the purpose of securing due recognition and respect for the 27 rights and freedoms of others and for meeting the just and most compelling 28 requirements of a democratic society. 29 3. The provisions set forth in this Declaration shall be interpreted in 30 accordance with the principles of justice, democracy, respect for human rights, 31 equality, non-discrimination, good governance and good faith. 32 page 24 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Declaration of the Rights of Indigenous Peoples Schedule 1 1 1 See Official Records of the General Assembly, Sixty-first Session, Supplement No. 53 2 (A/61/53), part one, chap. II, sect. A. 3 2 4 See resolution 2200 A (XXI), annex. 5 3 6 A/CONF.157/24 (Part I), chap. III. 7 4 8 Resolution 217 A (III). page 25 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Schedule 2 Priority Investment Communities -- WA 1 Schedule 2 -- Priority Investment Communities -- WA 2 [s. 7] 3 Town Based Communities 4 Bilgungurr 5 Bindi Bindi 6 Bondini 7 Budulah 8 Bungardi 9 Burawa 10 Burrinunga 11 Cheeditha 12 Cullacabardee 13 Darlngunaya 14 Djimung Nguda 15 Gnangara 16 Gooda Binya 17 Irrungadji 18 Junjuwa 19 Karmulinunga 20 Kurnangki 21 Madunka Ewurry 22 Mallingbar 23 Mardiwah Loop 24 Marmion Village 25 Mindi Rardi 26 Mirlma 27 Morrell Park (Four Mile) 28 Mungullah 29 Nambi Village 30 Nicholson Block 31 Nillir Irbanjin (One Mile) 32 Ninga Mia Village 33 Nullywah 34 Parnpajinya 35 Pipunya 36 Red Hill (Lundja) 37 Tkalka Boorda 38 Warrayu 39 Wongatha Wonganarra page 26 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Priority Investment Communities -- WA Schedule 2 1 Category A 2 Bardi (Ardyaloon) 3 Beagle Bay 4 Bidyadanga 5 Billard 6 Blackstone (Papulankutja) 7 Djarindjin 8 Glen Hill (Mandangala) 9 Jigalong 10 Kalumburu 11 Kurrawang 12 Lombadina 13 Mowanjum 14 Mt Margaret 15 Ngurawanna 16 Wakathuni 17 Wangkatjungka 18 Warakurna 19 Warburton 20 Warmun (Turkey Creek) 21 Woolah (Doon Doon) 22 Yandeyarra (Mugarinya) 23 Yardgee 24 Youngaleena 25 Yungngora 26 Category B 27 Balgo (Wirrimanu) 28 Bayulu 29 Bobieding 30 Cosmo Newberry 31 Cotton Creek (Parnngurr) 32 Ganinyi (Louisa Downs) 33 Goolgaradah 34 Guda Guda 35 Imintji 36 Innawonga 37 Jarlmadangah 38 Joy Springs (Eight Mile) 39 Koongie Park page 27 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Schedule 2 Priority Investment Communities -- WA 1 Kundat Djaru (Ringer Soak) 2 Kupungarri (Mt Barnett) 3 La Djadarr Bay 4 Looma 5 Milba 6 Mindibungu (Billiluna) 7 Mulan (Lake Gregory) 8 Muludja 9 Ngalingkadji 10 Ngumpan 11 Pandanus Park 12 Pia Wadjari 13 Pullout Springs (Girriyoowa) 14 Punju Njamal 15 Punmu 16 Rocky Springs 17 Wararn 18 Wingellina 19 Wuggan (Wuggabun) 20 Yakanarra 21 Yiyili 22 Yulga Jinna 23 Category C 24 Alligator Hole 25 Badjaling 26 Balginjirr 27 Barrel Well 28 Baulu Wah 29 Bawoorrooga 30 Bedunburra 31 Bell Springs 32 Bells Point 33 Bidijul 34 Billinue 35 Bindurrk 36 Biridu 37 Birndirri 38 Bow River 39 Brunbrunganjal (Kittys Well) page 28 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Priority Investment Communities -- WA Schedule 2 1 Budgarjook 2 Bulgin 3 Bunnengarra 4 Bunningbarr 5 Burrguk (Banana Wells) 6 Burringgurrah 7 Buttah Windee (Gidgee Gully) 8 Carnot Springs 9 Chile Creek 10 Chinaman Garden 11 Cockatoo 12 Cockatoo Springs 13 Cone Bay (Larinyuwar) 14 Coonana 15 Crocodile Hole 16 Darlu Darlu 17 Dillon Springs 18 Dingo Springs 19 Djaradjung 20 Djarworrada 21 Djibbinj 22 Djilimbardi 23 Djugaragyn 24 Djugerari (Cherabun) 25 Djulburr 26 Dodnun 27 Embulgun 28 Emu Creek (Gulgagulganeng) 29 Five Mile 30 Fletcher Family 31 Fly Well 32 Four Mile 33 Frazier Downs 34 Galamanda 35 Galeru Gorge 36 Geboowama 37 Gillaroong 38 Gilly Sharpe 39 Gnylmarung 40 Goobinj 41 Goodarlargin page 29 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Schedule 2 Priority Investment Communities -- WA 1 Goojarr Gonnyool 2 Goolarabooloo 3 Goolarrgon 4 Goombading 5 Goombaragin 6 Goonjarlan 7 Goose Hill 8 Gudumul 9 Gulberang 10 Gullaweed 11 Gulumonon 12 Gumbarmun 13 Gurrbalgun 14 Hollow Springs 15 Honeymoon Beach 16 Iragul 17 Jabir Jabir 18 Jameson (Mantamaru) 19 Janterriji 20 Jarlmadanka 21 Jilariya 22 Jimbalakudunj 23 Jimbilum 24 Jinparinya 25 Julgnunn 26 Jundaru 27 Kadjina 28 Kalungkurriji 29 Kalyadan 30 Kandiwal 31 Karalundi 32 Karnparni (Three Mile) 33 Kartang Rija 34 Kayirriwarney 35 Kearney Range 36 Kiwirrkurra 37 Koorabye 38 Kumbrarumba 39 Kunawarritji 40 Kupartiya 41 Kurinyjarn page 30 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Priority Investment Communities -- WA Schedule 2 1 Kurlku 2 Kutkabubba 3 Lamboo Station (Loongie Park) 4 Linga 5 Loongabib 6 Loumard 7 Lumuku (Osmond Valley Station) 8 Maddarr 9 Majaddin 10 Malaburra 11 Marribank 12 Marta Marta 13 Marunbabidi 14 McGowan Island 15 Mercedes Cove 16 Mia Maya 17 Middle Lagoon 18 Millargoon 19 Mimbi 20 Mingalkala 21 Mingullatharndo 22 Miniata 23 Molly Springs 24 Monbon 25 Moongardi 26 Morard 27 Mowla Bluff 28 Mud Springs 29 Mudjarrl 30 Mudnumm 31 Mulga Queen 32 Mullibidee 33 Mundud 34 Munget 35 Munmural 36 Munthanmar 37 Murphy Creek 38 Neem 39 Ngadalargin 40 Ngallagunda 41 Ngamakoon page 31 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Schedule 2 Priority Investment Communities -- WA 1 Ngarlan 2 Ngarlan Burr 3 Ngulwirriwirri 4 Ngurtuwarta 5 Nilargoon 6 Nillygan 7 Nimbing 8 Norman Creek 9 Nudugun 10 Nulla Nulla 11 Nunju Yallet 12 Nygah Nygah 13 Nyumwah 14 Oombulgurri 15 Pago 16 Pantijan 17 Parukupan 18 Patch Up 19 Patjarr 20 Raddajali 21 RB River Junction 22 Red Creek 23 Red Shells 24 Rollah 25 Strelley 26 Tappers Inlet 27 Tirralintji 28 Tjalka Wara 29 Tjirrkarli 30 Tjukurla 31 Tjuntjuntjara 32 Ullawarra 33 Walgun 34 Wamali 35 Wanamulnyndong 36 Wandanooka (Kardaloo) 37 Warralong 38 Weymul 39 White Rock 40 Whulich 41 Windida page 32 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Priority Investment Communities -- WA Schedule 2 1 Windjingayre 2 Woodstock Homestead 3 Wulununjur 4 Wungu 5 Wurrenranginy 6 Yandarinya 7 Yardoogarra 8 Yarri Yarri 9 Yatharla 10 Yawuru 11 Yirralallem 12 Yulumbu page 33 Prevention of Forced Closure of Remote Aboriginal Communities Bill 2017 Defined terms Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) decision about forced closure................................................................................ 3 Declaration on the Rights of Indigenous Peoples ................................................. 3 forced closure........................................................................................................ 3 municipal and essential services ........................................................................... 3 public authority ..................................................................................................... 3 remote Aboriginal community .............................................................................. 3 State ................................................................................................................. 6(2)
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