CAPÍTULO III: BREVES APUNTES SOBRE EL DELITO DE ALLANAMIENTO DE MORADA EN EL
3.3. TIPO CUALIFICADO
11.1.1 Issues
Local Government Planning
The five Local Governments of Burke, Carpentaria, Etheridge, Mornington and Croydon cover a vast area, including offshore islands. Local Government provides the key mechanism for local service and infrastructure delivery. Local Government is the primary focus for the preparation of Planning Schemes to guide and regulate future development. Under the new planning legislation, the
Integrated Planning Act, (IPA) there is a
strong shift in focus from regulatory control to a partnership between Local and State Government with respect to planning and development.
Only two of the Gulf shires currently have planning schemes in place. Under the IPA all Local Governments in the State will be required to prepare planning schemes which are consistent with the Act within five years of the commencement of the act, (20 March 1998). This provides an opportunity to the Gulf Local Governments to initiate planning schemes in partnership with the State.
Aboriginal Community Development Planning
There are two Aboriginal Community Councils in the Gulf region. They are Doomadgee and Kowanyama. The majority of policy decisions with respect to Indigenous issues are made at a National and State level. Within the region there is a need to facilitate the implementation of these policies and to develop regional level mechanisms that assist recognition and advancements of Indigenous peoples rights and aspirations.
Mechanisms should be put in place to enable the achievement by the Gulf Aboriginal Communities of the
recommendations of the Royal Commission into Aboriginal Deaths in Custody. A number of recommendations are
particularly pertinent to the issue of regional planning and service delivery:
Recommendation 188:
“That governments negotiate with appropriate Aboriginal organisations and communities to determine guidelines as to the procedures and processes which should be followed to ensure that the self- determination principle is applied in the design and implementation of any policy or program or the substantial modification of any policy or program which will particularly affect Aboriginal people.”
Recommendation 203:
“that the highest priority be accorded to the facilitation of social, economic and cultural development plans by Aboriginal
communities, and on a regional basis as a basis for future planning of:
• Economic Development Goals; • the provision of services and
infrastructure; and
• such other social and cultural needs as are identified.”
Recommendation 204 reads in part, “...the preparation of community
development plans should be a participative process involving all members of the community and should draw upon the knowledge and expertise of a wide range of professionals as well as upon the views and aspirations of Aboriginal people in the local area. It is critical that the processes by which plans are developed are culturally sensitive unhurried and holistic in approach and that adequate information is made available to participants.”
The preparation of community development plans should be a participatory process involving all members of the community and should draw upon the knowledge and expertise of a wide range of professionals as well as upon the views and aspirations of Aboriginal people in the local area. The processes of consultation for the
preparation of these plans should be culturally sensitive, unhurried, holistic in approach and adequate information should be made available to all participants. Community Values
Despite a lack of access to infrastructure, services and basic commodities the Gulf offers a distinctive and very unique lifestyle.
As development pressures increase, the Gulf communities are likely to be ill prepared for the potential impacts on lifestyles and cultural values. They may also not be in a position to maximise the opportunities afforded by the positive impacts of development.
Development impacts can be adverse but they can also be beneficial. Perspectives will vary in the receiving community. There are also likely to be instances where the same impact will be considered by some sections of the community to be adverse where others may consider it to be
beneficial. There will always be a range of community values about the same issue. For example, some Aboriginal individuals and groups in the region have a range of community development aspirations. These aspirations include outstation development, developing land use agreements, progressing native title determination applications, negotiating mining agreements and so on. From an Indigenous perspective these could be regarded as community development opportunities. Others may see these strategies as constraints to development. There is a need to identify the plurality (or the range) of values held by Gulf
communities and residents as well as external interests in order that areas of conflict and compatibility can be
recognised. Differing community values became very evident in the development and assessment process of the Century Mine.
Identifying where there are conflicting and compatible community values will be particularly important if a mutually agreed process for undertaking social impact assessment is to be developed. This process would need to include recognition of what kind of activity “triggered” a social impact assessment. If different groups of people see the same activity as an
opportunity and as a threat then clearly they will also differ about whether a social impact assessment for the project is required.
It appears the Gulf communities have little knowledge or understanding of their rights and opportunities to participate in and contribute to land use planning programs. There is a need to plan for growth in a
manner which improves the urban form and character of the Gulf townships and which preserves community values. This can only be achieved when planning is based on a thorough understanding of the community needs and values.
Social planning provides the means by which community needs and aspirations are identified, articulated, formulated and implemented. Historically, land use planners, service providers and the development industry have ignored social planning. This relates in part to a lack of access to data and information as well as lack of attention to appropriate mechanisms to assess and quantify community attitudes and values. Social planning issues need to be given equitable consideration in planning and development approval processes. Social planning impact assessments should be incorporated into Government planning and development assessment processes in order to avoid potential adverse social impacts. Monitoring is also required, with a view to minimising unforeseen impacts. Local Government and the Aboriginal Community Councils are the closest level of Government to the community and need to be resourced to ensure social planning issues are addressed.
In recent times the State Government has given greater weight to the need for social planning in the assessment of impacts of major developments. In particular, the Social Impact Assessment for the North West Mineral Province was an initiative to address the impacts of mining in the northwest remote communities. Arising out of this initiative and the Century Mine Agreement is the North West Queensland Community Benefits Strategy. Funds will be allocated to communities most impacted by developments in the mining sector. In this regard, the communities of Gregory, Doomadgee, Burketown and Karumba are the most likely to be impacted by the Century Mine development, and resources should be considered as a priority in these communities to deal with the relevant impacts and to provide opportunities to benefit from the development of the mine.
Culture
The cultural attachment of Aboriginal people to the region has great significance for their identity and well being. The right of Indigenous people to maintain their cultural attachment to their heritage and to maintain their cultural practices and identity needs to be recognised and supported by the Gulf community.
Culture is also important to non-Indigenous communities. There is a need to give recognition to the needs and aspirations of the different cultural groups within the region and facilitate expression of their cultural values.
Culture is the sum of all customs, beliefs, values, knowledge, heritage and activities that constitute the lifestyle of a particular region or community group. Cultural expression is important in fulfilling social and lifestyle needs of the community. Access to and expression of culture are essential for the well being of individuals and the community as a whole.
Access to culture is not always well recognised in planning and management processes. There is a need to increase understanding of culture and the values it carries. The regional communities need to have the opportunity to express their cultural identity, particularly through art, and access cultural activities, sites and places. The development and presentation of the unique culture of the region has been identified in the Community Services Strategy as providing considerable benefit in terms of community health and well being. In particular, development of a Gulf Cultural Group is recommended with a view to promoting the arts, cultural events and entertainment throughout the region. This can also have some strong benefits in terms of economic development relating to cultural arts, crafts and tourist industries. In this regard, the Economic Development Strategy also strongly recommends the promotion of the unique cultures of the region.
The region’s culture can also be important in terms of the tourism industry. The Tourism Section of the Economic Development Strategy addresses this matter in more detail. The cultural values of landscapes, natural resources and other environmental assets are addressed in the Regional Environment Strategy.
A review of community requirements for art and culture should be undertaken with a view to develop key infrastructure to meet this demand. Cultural development considerations should be integrated into planning and development assessment processes. Local Government should be encouraged to incorporate art and cultural images and functions into the design of community areas.
The Aboriginal Community Councils, Aboriginal Land Council and ATSIC provide the first line of consultation for an
assessment of Aboriginal cultural needs and should be resourced to ensure access to culture and the relevant infrastructure is addressed.
11.1.2 Strategy
Desired Strategic Outcomes • Preservation of unique lifestyles in the Gulf communities.
• Enhanced cultural identity and improved access to arts and cultural infrastructure. • Social impact assessment for future development in the region
• Ensure impacts of development on the values and lifestyle of the Gulf
communities are identified, assessed and negative impacts minimised, and opportunities for positive impacts maximised.
• The preparation of community development plans in Indigenous communities should be a participatory process involving all members of the community and should draw upon the knowledge and expertise of a wide range of professionals. The processes of consultation for the preparation of these plans should be culturally sensitive, unhurried, holistic in approach and adequate information should be made available to all participants.
• Incorporate social planning impact assessment mechanisms into planning and development processes.
• Social impact assessments should identify the range and plurality of values held by Gulf communities and residents as well as external interests in order that areas or conflict and compatibility can be recognised. • Assess the Gulf community’s
requirements for art and cultural infrastructure.
• Preserve and develop Indigenous and non-Indigenous cultural.
11.1.3 Priority Actions
• Each Shire to complete a planning scheme in accordance with the
Integrated Planning Act 1997.
• Aboriginal Community Councils should complete a comprehensive and participatory community development plan.
• All future development plans to incorporate social planning and impact assessment mechanism for