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This is a Bill, not an Act. For current law, see the Acts databases.


PREVENTION OF FORCED CLOSURE OF REMOTE ABORIGINAL COMMUNITIES BILL 2017

                    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:




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     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.




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     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.




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     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;




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     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.

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    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




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     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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