Legal Protection for the Fitzroy River

Kimberley Freshwater Campaign Joint campaign of Environs Kimberley and Australian Conservation Foundation. Funded by the Australian Conservation Foundation & Mullum Trust.

Kimberley Appropriate Economies Roundtable Meeting held in Fitzroy Crossing in October 2005 – organised by KLC, ACF and EK. Principle – “The Fitzroy River, ground-waters and conservation areas are protected by a legal framework”.

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

Protecting high conservation value rivers, wetlands and aquifers 1 National Water Initiative – ‘identify and acknowledge surface and groundwater systems of high conservation value, and manage these systems to protect and enhance those values’. WA Government policy (2001) – ‘no dams’. Reaffirmed in the state legislature, May State Water Plan 2007 – ‘Water planning will identify water resources that are a priority for protection’. Rangelands NRM Target – ‘Ensure Legislative/statutory protection and management for all ‘Wild Rivers’ and high conservation waterways and wetlands by 2010’.

Protecting high conservation value rivers, wetlands and aquifers 2 WA Government currently drafting new water legislation – Water Resources Management Act. Considering including a proclamation power to declare some waterways and wetlands as ‘significant’.

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

Key aspect of a cross-cultural legal framework “The people of the region are able to participate in planning for the region, are supported by government in that process, and their views are respected and included when implementing planning outcomes”.

Key aspects of a cross-cultural legal framework 2 provides statutory protection for the river. recognises native title rights and associated Traditional Owner interests. governance framework based on partnership – co-management; sufficient funding. prohibits some damaging activities in Fitzroy River Catchment (e.g. dams, weirs, broad-scale land clearing, large-scale water extraction). maintains bottom-line ecological thresholds and ensures protection of cultural values.

Principles CROSS-CULTURAL LEGAL PROTECTION for the FITZROY RIVER Traditional Owner rights and interests Public participation Funding for management Statutory No dams, weirs or large scale water extraction Long term Co-management approaches Protects natural and cultural values