South West regional water plan: Workshops held with the ... · The objective of the SWCC...

South West regional water plan: Workshops held with the Nyungar community

A report prepared for the Department of Water by Brad Goode and Associates, consulting anthropologists and archaeologists

Department of Water

April 2008

Looking after all our water needs

Department of Water 168 St Georges Terrace Perth Western Australia 6000 Telephone +61 8 6364 7600 Facsimile +61 8 6364 7601 http://www.water.wa.gov.au

© Government of Western Australia 2008

April 2008

This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. Requests and inquiries concerning reproduction and rights should be addressed to the Department of Water.

ISBN 978-1-921094-89-7 (pdf)

Disclaimer

The view expressed in this report are not necessarily of the Department of Water.

Figure 1 in this publication was produced by the Department of Water (for the Policy & Planning Division), with the intent that it be used for the “South West Regional Water Plan: held with the Nyungar community” supporting document at the scale of 1:1,400,000 when printing at A4.

While the Department of Water has made all reasonable efforts to ensure the accuracy of this data, the Department accepts no responsibility for any inaccuracies and persons relying on this data do so at their own risk.

The Department of Water acknowledges the following datasets and their custodians in the production of this map:

Dataset Name – CUSTODIAN ACRONYM – Metadata Date

Aboriginal Sites of Significance – DIA – March 2007

Major Rivers – DoW – November 2007

Minor Rivers – DoW – November 2007

Native Title Claim Areas – NNTT – June 2007

Regional Water Plan Boundary – DoW – June 2007

Towns – Geoscience Australia – December 2002

WA Coastline – DoW – July 2006

All maps have been produced using the following data and projection information:

Vertical Datum: AHD (Australian Height Datum)

Horizontal Datum: GDA 94 (Geocentric Datum of Australia 1994)

Projection System: Map Grid of Australia (MGA) 1994 Zone 50

Nyungar Community conferenceshop

Department of Water iii

Acknowledgements

This report provides an account of proceedings of three workshops with South West Nyungar people in the context of Nyungar relationships with water. All attendees of the workshops are thanked and acknowledged for their time and contributions.

This report was prepared for the Department of Water by Brad Goode, Colin (Floyd) Irvine and Melinda Cockman from Brad Goode and Associates, consulting anthropologists and archaeologists, 79 Naturaliste Terrace, Dunsborough WA 6281.

For more information about this report please contact Roy Stone, Program Manager, Regional Water Planning or David Collard, Indigenous Affairs Coordinator, Department of Water PO Box K822 Perth WA 6842.


Department of Water v

Contents Introduction ................................................................................................................. 1

The consultation process ............................................................................................ 3

Conference presentations ........................................................................................... 5

Aboriginal values pertaining to waterways, wetlands and estuaries............................ 8

Issues identified at the workshops ............................................................................ 18

The Bunbury conference – Gnaala Karla Booja........................................................................ 18 Priority issues identified by Gnaala Karla Booja ....................................................................... 21 The Busselton conference – South West Boojarah, Wagyl Kaip and Southern Noongar........ 23 Priority issues identified by South West Boojarah, Wagyl Kaip and Southern Noongar .......... 26 The Narrogin conference – Ballardong ..................................................................................... 28 Priority issues identified by Ballardong...................................................................................... 31

Nyungar responses at the conferences – a summary ............................................... 32

A Nyungar model for appropriate planning................................................................ 35

An appropriate consultation process......................................................................................... 35

Water rights in relation to native title ......................................................................... 37

Aboriginal Heritage Act requirements........................................................................................ 37 Harris Family Native Title claim area......................................................................................... 39 South West Boojarah Native Title claim area............................................................................ 39 Ballardong Native Title claim area............................................................................................. 39 Gnaala Karla Booja Native Title claim area .............................................................................. 40 Wagyl Kaip and Southern Noongar Native Title claim areas.................................................... 40

Bibliography .............................................................................................................. 41

Abbreviations ............................................................................................................ 44

Appendix 1: Raw data from each conference as scribed on butcher’s paper............ 45

Bunbury conference – Gnaala Karla Booja............................................................................... 45 Busselton conference – South West Boojarah, Wagyl Kaip and Southern Noongar ............... 48 Narrogin conference – Ballardong............................................................................................. 51

Appendix 2: Consolidated lists of issues and priorities of the three conferences ...... 54

List of figures

Fig. 1 Map of the study area........................................................................................................ 2 Fig. 2 Map of the NRM study area in relation to native title claim areas .................................... 4 Fig. 3 Participants at the Bunbury conference .......................................................................... 18 Fig. 4 Participants at the Busselton conference........................................................................ 23 Fig. 5 Participants at the Narrogin conference.......................................................................... 28

Nyungar Community conferences

____________________________________________________________________________________________________________

vi Department of Water


Department of Water 1

Introduction

In October 2006 the Department of Water a new agency of the Western Australian Government formed to manage the state’s water resources, released a Draft state water resources management plan setting out seven objectives for sustainable water resource management in Western Australia to the year 2030. These objectives are:

• use and recycle water wisely

• plan and manage water sustainability

• invest in science, innovation and education

• protect ecosystems, water quality and resources

• enhance the security of water for the environment and use

• develop water resources for a vibrant economy

• deliver services for strong and healthy communities.

This state water plan recognises that each region of the state has unique issues that will need to be addressed at a local level. Regional water plans will therefore set out how the State water plan’s objectives will be implemented, beginning with the South West region. The South West regional water plan sets out several objectives:

• assess the status of water resources management in the South West

• examine social, economic and environmental trends that will influence future water management decisions in the region

• assess the region’s water availability for regional and broader water demands

• determine priority actions to improve resource management in the South West

• examine the impact of the State’s water reform process on the South West.

Within the South West regional water plan, specific strategic water issues plans will fall across four plan categories:

• water allocation

• drinking water source protection

• drainage

• waterways

• floodplain management.

An important element in formulating these specific water management plans at the local level is the involvement of the broader community through consultation with interest groups identified as stakeholders within the region. The Department of Water believes the process should give local and regional communities some ownership of plans that are tailored to meet their local needs and expectations. The South West Nyungar community was identified as an important local interest group with respect to South West water planning.


2 Department of Water

In order to ascertain the needs of the South West Nyungar community, the Department of Water, in partnership with the South West Catchment Council (SWCC) and South West Aboriginal Land and Sea Council (SWALSC), convened a series of ‘‘in country’’ workshops, or conferences. These workshops form the basis for developing a process by which the South West Aboriginal community will become involved in the development of the South West regional water plan through community consultation. It is envisaged that one outcome of these workshops will be the soliciting of nominations for a Nyungar water reference committee that will continue the consultation process beyond the initial workshops so that Nyungar issues are built into all future water planning initiatives in the South West.

The spelling of Nyungar

Traditional Nyungar society originates from 14 different linguistic groups comprising four different dialects. As a spoken language in contemporary settings, the word Nyungar can be spelt several ways, such as Nyungar, Nyoongar, Noongar, Nyungah, Nyoongah and Noongah.

Bill Bennell, South West Catchment Council



Figure 1 Map of the study area



The consultation process

On behalf of the Department of Water and the South West Catchment Council (SWCC), the South West Aboriginal Land and Sea Council (SWALSC) facilitated three ‘‘in country’’ workshops in which South West Nyungar people were invited to identify and discuss their values, concerns and issues so these could be taken into account when developing the South West regional water plan. The Nyungar community was also asked to identify key people to participate in a regional water planning reference committee to be set up by the Department of Water as a model for ongoing partnership between the department and the Nyungar community.

SWALSC identified key Aboriginal representatives from the regional working parties of the Gnaala Karla Booja, South West Boojarah, Southern Noongar, Wagyl Kaip and Ballardong Native Title claim groups. These representatives were invited to attend conferences held in Bunbury (1 and 2 May 2007), Busselton (9 and 10 May 2007) and Narrogin (17 and 18 May 2007). The Harris Family Native Title claim group, which is not represented by SWALSC, was also invited to attend the Busselton conference.

Working party members were sent an information pack containing the conference agenda and brief, plus lists of all major water assets within the study region, defined as the SWCC Natural Resource Management (NRM) area. See Figure 2: Map of the NRM study area in relation to native title claim areas.

Each conference began with presentations from various key note speakers addressing the role of the Department of Water and aspects of the State and South West water planning process. Following these presentations, attendees worked in small groups to develop lists of issues they considered relevant to South West water planning and the Nyungar community. These issues were reported back to the main group and were followed by debate, with questions able to be put to Department of Water technical experts.

After all groups had discussed their issues, Mr David Collard asked the groups to identify the most important issues. Once again, all groups reported back to the main group with their top priorities and issues. The information collected, including the elaboration during the debate sections of the workshops and information supplied by Department of Water experts present at the conferences, was then gathered by the consultants and written up into a report to be sent out to each attendee at the conference for comment prior to the final documents being produced.

Mr David Collard of the Department of Water introduced and facilitated all three conferences. His role was to advise the Aboriginal community on Department of Water policies for engagement with the Aboriginal community, and to liaise between the community and Department of Water technical experts presenting scientific and policy information, both during the conferences and throughout the consultation process.



Figure 2 Map of the NRM study area in relation to native title claim areas



Conference presentations

Opening addresses

Mr David Collard (Department of Water), assisted by staff from the Department of Water, and Mr Bill Bennell (SWCC), assisted by staff from SWCC, spoke on the nature of the initiative, the role of their respective departments and the context in which Aboriginal consultation and participation in water planning would take place.

The opening Department of Water presentation set out a number of objectives:

• to inform the Indigenous community of the status of water resources management in Western Australia (State water plan; South West regional water plan; legislative review, etc)

• to invite participation in regional water resources management

• to identify water issues of importance to the Indigenous community

• to identify knowledgeable Indigenous persons willing to represent their country and people on a South West Indigenous water group.

The objective of the SWCC presentation was to introduce the South West waterway sub-strategy and Investment decision support system (IDSS) project to the Aboriginal community, and seek its advice and participation in the development of the project. (Although this project is being run concurrently with the Department of Water consultation, it will be reported to SWCC separately and information relevant to the SWCC initiative is not presented in this document.)

Virginia Falk

Ms Virginia Falk (CEO of the NSW Aboriginal Water Trust) attended the Bunbury Conference as a guest speaker and provided an overview of her involvement with Indigenous people in natural resource management in NSW. Ms Falk described how the Water Trust was set up to encourage and assist Aboriginal people in NSW to enter and participate in the commercial water market. Its objective is to provide ‘benefits to Aboriginal people in relation to their spiritual, social, customary and economic use of land and water.’ Funding is available for projects such as nurseries, aquaculture, lobster farming, and assisting property owners in storing water and acquiring farm machinery.

Roy Stone

Mr Roy Stone (Department of Water) provided an overview of the water cycle and the categories used by the department to classify water resources in Western Australia: surface waters (rivers, streams and lakes), groundwater (aquifers) and the ocean.



The Department of Water looks after surface water and groundwater, and manages commercial and domestic water use according to the following water management functions:

• investigation of surface and groundwater resources

• monitoring

• water allocation planning

• water licensing and metering

• water reserve management

• waterways management

• drainage

• floodplain protection

• water source protection.

Mr Stone advised the conference that the Department of Water needed to establish baseline research information regarding the hydrology and ecology of surface water and groundwater systems in order to plan for water management in the State. He explained that the department was seeking to include the Indigenous community in this planning process, to define and clarify the cultural values of natural areas, and wished to explore mechanisms for Indigenous engagement, such as establishing a memorandum of agreement (MOA) between the Department of Water and regional native title working groups and agreeing to evaluate the pros and cons of establishing a South West Regional Aboriginal reference group.

The department also wished to develop memoranda of understanding (MOU) with the Department of Indigenous Affairs (DIA), Land Councils (SWALSC), Regional Catchment Council (SWCC) and Regional NRM facilitators.

Rob Donohue

Mr Rob Donohue (Senior Environmental Officer) spoke on the nature of water allocation planning and his role as an environmental scientist conducting research into water systems.

In the study of water systems, the Department of Water considers the economic, ecological and social aspects:

• Ecological Water Requirements (EWR) studies consider where the water is going to be taken from and look at what needs to be protected in these water systems e.g. insects, fish, frogs etc.

• Social Water Requirements (SWR) research involves consultation with key interest group such as the Nyungar community to consider social importance and values of these water systems. Where are the sites that are important and what are their values to the Aboriginal community?



David Collard

Mr David Collard spoke of Department of Water objectives for the future regarding Indigenous involvement and the structures the department currently has in to assist in these objectives:

• an Indigenous Support Unit (with Mrs Charon Ryder and Mr David Collard) has been set up within the Department of Water

• Aboriginal cross-cultural training has commenced within the department to educate staff about Aboriginal heritage and culture. Currently 30 per cent of staff have completed this training course.

The Department of Water is exploring plans for structures to assist in these objectives:

• a proposed Joint Management of Water and Rivers, Land/Water and Reserves between the Department of Water and the Aboriginal community

• proposed long-term partnerships, that could include memorandum of agreement (MOA) with native title claim working groups and memorandum of understanding (MOU) with SWALSC

• a proposal to employ thirty Indigenous people over five years at entry level and professional roles in the Department of Water.

• a proposal to commence four traineeships in 2007

• a proposed South West Aboriginal water reference group, set up in conjunction with SWALSC.

Regarding the Aboriginal water reference group, Mr Collard said: ‘We need people who are committed to this country and who have the time and energy to work with people from the Department of Water.’ He said nominations would be invited from native title working groups to set up a Water reference group representative of each region of the South West.

Following these presentations, participants were asked to record their issues and concerns with regards to water in their native title region’s (Gnaala Karla Booja, South West Boojarah, Wagyl Kaip, Southern Noongar and Ballardong).

This material is presented following the next section, which gives some background into the history of the study area and Aboriginal values pertaining to waterways, wetlands and estuaries.



Aboriginal values pertaining to waterways, wetlands and estuaries

Water, especially fresh water, was of vital importance to traditional Aboriginal people right across Australia. The rivers, pools and wetlands were a source of food; they linked campsites along walking tracks and remain places of mythological and spiritual significance. In the case of the South West, rivers defined the territories or estates of the Nyungar people (Dortch 2002, Hallam 1975).

The Blackwood River, particularly in the lower reaches, created an impassable barrier to people without boats, and the places where the river could be crossed (Hut Pool and the mouth near Augusta) became an intersection of tracks and focal points of traditional camps where ritual activity often took place. At Hut Pool Mrs Vilma Webb (pers. comm. 2005) said that the ford was a place where the trading of women would take place for betrothals. Gibbs (1989), drawing on the writings of Bates (1966), states that a number of these paths were maintained as initiate’s tracks, with one of the longest following the Blackwood River south from Augusta through Nannup, Demark and Albany and on to Ongerup. Other paths from the Vasse Estuary followed the St John Brook to Barrabup Pool and then south along the Milyeannup Brook to Lake Jasper (Collard 1994, Kelly pers. comm. 2004). Many of the Nyungar names of camps along these watercourses were noted by Europeans on their early maps. According to Gibbs (1995):

It should also be recognised that a large number of Aboriginal names have been perpetuated in modern maps, although their original contexts and meanings are unknown. An examination of older maps, such as the 40 chain series held in the Battye Library, do not reveal much more detail, although a limited number of specific features, especially springs and watercourses, do have Aboriginal names indicated … Kwaggamai’erup [spring near Nannup], Dallatgurup [part of the Blackwood River, Kweelyjup [lower Blackwood], Eedagulup [River bar Blackwood].

The Region’s rivers were important sources of food. Marron and other freshwater crayfish species were caught in pools along rivers and creeks throughout the region. Fish traps were constructed in creeks and rivers and in the tidal zones of estuaries. These were efficient devices delivering abundant harvests capable of sustaining large gatherings, and their locations became focal points for traditional ceremonial activity (Gibbs 1995).

Archaeological research in the South West confirms that all water sources were important to prehistoric Aboriginal people, for campsites and as a food source, and there is a higher likelihood of finding prehistoric artefacts around freshwater rivers, creeks, lakes and estuaries. Lake Jasper for example has a rich archaeological record, with ten sites found upon the lake bed and margins, showing such camps prior to the formation of the lake some 4000 years ago. Charles Dortch from the Western Australian Museum said these sites were extremely significant to the understanding of the Region’s prehistoric Aboriginal settlement patterns,



representing camps that were in use on the wooded margins of a stream prior to the area becoming inundated when sand dunes moved into the area and blocked the stream. According to Dortch (1990:7):

The submerged stone artefact scatters at Lake Jasper, at least those at depths sufficiently great that one can be reasonably satisfied that they have remained permanently underwater, differ from those in terrestrial open-air sites in that they have been ‘sealed’ by their submergence, with definite cut-off dates corresponding to the time when the surrounding trees or other plants were flooded and died. This, of course, provides a minimum age for the artefacts, and thus the temporal control necessary for determining their actual radiocarbon age, by means of excavation, using delicate suction techniques capable of removing sandy sediments in 1 or 2cm levels. Radiocarbon dating of charcoal or other datable material in situ in the upper parts of such lake floor excavations can show whether the artefacts exposed on the lake floor are contemporaneous with the dated stumps in situ in it. Once this was established, it would be possible, in a programme of species identification of plotted trees and other plants, to reconstruct the plant associations or habitats surrounding the archaeological sites, creating an unquestionably valuable record of uncontaminated late Middle Holocene or older campsites in their formerly terrestrial settings, and having the potential for the preservation underwater of wooden implements and other organic remains associated with human activities.

Records of registered archaeological sites with the Department of Indigenous Affairs (DIA) sites register confirm that within the study area, most artefact sites are located on or in the vicinity of the area’s waterways. It is possible, however, that this record may be misleading as the total area is yet to undergo extensive survey.

From the archaeological and ethno-historic records, Dortch (2002) has developed a model of prehistoric hunter-gatherer socio-economic and territorial organisation in the South West coastal region’s. From this model, Dortch concludes that the distribution of estuaries, rivers and wetlands would have had a strong bearing on the population distribution: ‘rivers, wetlands and lakes, dune fields, escarpments and other topographical features that certainly would have influenced the positioning of estate boundaries and band foraging ranges were seen as focal points for activity with major topographical features such as the Blackwood river as being important cultural boundaries between Aboriginal groups’ (Dortch 2002). Regarding this last point, O’Connor et al (1995) wrote:

Archaeologists and anthropologists generally agree that prehistoric land use patterns were based on the seasonal migrations between the coastal plain and its hinterland to exploit the various food and water resources. There is a tendency, in all parts of the project area, for sites to be located near the various water sources, such as rivers, creeks, lakes, swamps and estuaries. Based on the existing information, the most important river systems in the project area are the Busselton Drainage Basins, Margaret River and the lower Blackwood River.



Studies conducted in the Northern Territory by Barber and Rumley (2003), Langton (2002), Toussaint et al (2001) and Yu (2000), have found that water bodies served cultural functions as focal points for resource-gathering activity and ritual aggregations. In these studies, water bodies almost always had mythic dimensions. As with the land, Aboriginal people conceptualise water sources such as rivers, lakes and wetlands to have derived from the Dreaming, a time when the world attained its present shape. These studies emphasise the importance of stories about the actions of mythic beings in the origin and maintenance of such water sources. In these stories, cultural affiliations to water are expressed in many ways: through social etiquette, narratives about places, rituals and practices of such rituals. Water is described as the living element that both creates and defines the shape and character of the country and gives it sacredness and identity (Jackson 2004).

In the South West of Western Australia several early writers recorded elements of Aboriginal mythology about water, however a lot of knowledge and stories has been lost in the years since settlement and no complete written record of traditional mythology was ever made. Many European observers noted the importance of water to the traditional people and that water also occupied a place in the traditional mythology. The scraps of mythology recorded and references to the Waugal or a snake-like spirit of water are widespread throughout the South West of Western Australia and across other parts of Australia. Bates (1966) recorded that in the South West: ‘Their only deity was a Waugal or serpent-god that dominated the earth, the sky, the sea, and punished evil doers.’

All permanent native waters have legends attached to them, legends of the ‘dream’ time, which go back to the days when birds and animals possessed human attributes, or were human beings, or were groups of which the bird or animal was representative, or were magic animals and birds possessing the power of human speech. The natives cannot say that the ‘founders’ of the various permanent waters were altogether human, although birds or beasts, or half bird half human, but the bird or animal name only is always given in the legend never a human name (Bates 1966; 157).

Another reference to the Waugal was recorded in 1850 by Salvado (1977) and indicates the fear or reverence with which Aboriginal people regard the spirit of water and also the harmful powers of the ‘serpent’:

If the natives are afraid to walk about at night time, for fear of Cienga, they dread even more going near large pools of water, in which they believe there lurks a great serpent called ‘Uocol’ [Waugal], who kills them if they dare to drink there or draw water during the night. A large number of natives came to me one evening asking for water. The first ones took all I had and drank it, and the others, about fifteen of them, asked me to go to the pool nearby to get some for them. I showed them the bucket and told them to go themselves. They all fell silent, and no one dared take the bucket, or tell me what they were afraid of, until, about an hour later, one of them said respectfully: ‘N-alla cape uoto, chetchet cuaragn: nunda uoto quaragn iuad’ (If we go and take water, very soon we will be killed, but if you go, you will be alright). I saw quickly that they had some superstition on the



subject, and said that I would go with them, with the idea of banishing their false fears. As we went to the pool or stream, they made me go ahead, and all followed me in single file, in deep silence. While they were quenching their thirst, I started to move away, but immediately they shouted, ‘Nanap, nanap’ (‘Stop, stop’), fearing that I was going to leave them on their own. As we began to go back to the hut, they ran ahead and preceded me, again in single file, so that I came last. When I reproached them for their superstitious ideas, they replied condescendingly: ‘Nunda tonga but’ (‘You don’t know anything about it’). However much the natives of both sexes like to swim ‘dog-paddle’ style in summer, they will never go into water that is dark and deep, because they say that the serpent Uocol is there, and they are afraid of him even during the daytime.

Salvado (1977) recorded that the Aborigines ‘hide carefully from strangers their customs and, in particular, their beliefs.’ Moore (1842) described the Waugal as a ‘huge winged serpent that lived in dark waters and was feared as a harmful force.’ A woman who fell ill or miscarried during a pregnancy was called Waugalan. The Waugal is of particular danger to pregnant women and thus is associated with fertility, if in a harmful rather than fruitful manner.

The mythological story about the creation of the Collie River and the rivers that flow into the Leschenault Inlet has been recorded by Goode (2000) from the contemporary custodian of the mythology, Mr Joe Northover. This contemporary rendition revitalises the traditional notion of the creative action of the serpent and its sanctity to the Nyungar community within the Bunbury/Collie area; it has gained wide currency amongst the Aboriginal community and provides a basis upon which the notion of ‘generalised significance’ is given modern currency.

According to Mr Northover, the Collie River and its tributaries were created by the dreamtime ancestor known as Ngarngungudditj Walgu, the hairy faced rainbow serpent. Mr Northover related to Goode (2000):

The Ngarngungudditj Walgu came from the north east of Collie where he travelled forming the rivers and creeks resting along the way making waterholes … He came through what we know today as Collie forming the Collie River and as he moved he created hills visiting places in and around Collie he moved towards the coast and came out where Eaton is today, as he came to the end he turned his body creating what is the estuary today, as he turned he pushed the land out and then he travelled back up the Collie River to the Collie area where finally he rests at Mininup, a well known swimming place on the Collie River … The old people used to say you can see his spirit in the water late at night during the full moon and his long silvery beard … It is also said that if a stranger to the area comes and wishes to swim in the Collie River or fish he must wipe his armpit and then pick up some sand in the same hand and then throw the sand in the water for the spirit to smell this and he would not be harmed in any way or if he is not welcomed the water will become rough and the weather might change.



Not all of the stories regarding the creation of water sources or rivers in the South West and wider Nyungar territory involve the Waugal or snake like spirit of water. In a story regarding the creation of the Margaret River a magic stick is the means of transformation or creation of the Margaret River. Buller-Murphy (1959) reports the following the story:

The native name of the Margaret River was Wooditchup, named after Wooditch, who made the River with his magic wand. Nearby is Milyanup, the place of Milyan, the wife of Wooditch, and daughter of Ngungaroot. Milyan, who was a very fine looking young woman, fell in love with the Wooditch. Wooditch was a medicine man who was known as the ‘Mulgar Kattuck’ which means ‘medicine power possessor’. He could transform one thing into another and do almost anything he chose by a mere touch of his magic wand. Wooditch became violently in love with Milyan the moment he saw her. He forthwith made known his desires to Ngungaroot her father. The old man became very wrath and said that his daughter was already promised to Wooditch’s eldest brother, Ngorable, and that as soon as Ngorable came down from Dudinalup she would be handed over to him for his lawful wife. Wooditch was not deterred by this reply, as he was quite confident that Milyan loved him better than any man she had ever seen. He decided to employ his wonderful magic to get her for his wife. For some considerable time he very cautiously watched the movements of Ngungaroot and his daughter. One night, before the moon rose, the old man Ngungaroot got up, gathered all his equipment, his pear, axe, boomerang, hunting knife and digging stick, awakened Milyan, and bade her to take her skin bag and follow him. By midday, they reached the Kalkardup country. There the old man mysteriously fell asleep. While he slumbered, Wooditch, who, by his magic power, had sent the old man to sleep, made his appearance to Milyan, and beckoned her to follow him quickly. After a few minutes, Ngungaroot awoke, sprang to his feet, and finding Milyan gone, set off in search of her. He picked up her tracks and would soon have overhauled the runaways but Wooditch, seeing him coming with his beard in his mouth, muttering curses and preparing his weapons to strike, again exercised the power of his magic wand. He placed the wand upon the ground and commanded a big river to run between them. The old man was dumbfounded. Being a man of great strength, he pulled up large trees by the roots and threw them across the river, but the current was so strong that it washed them down the stream. When the afternoon was half gone, the two enemies, walking on opposite banks of the stream, reached the ocean, where Wooditch gave river a lead into the sea. The water was running so swiftly that Ngungaroot was still unable to cross and remained on the other side of the river, yelling his curses to the runaways on the opposite bank. Wooditch and Milyan were now very hungry, and decided to go out on to the reefs at the mouth of the river, to spear groper, which were very plentiful there. They set off, leaving Ngungaroot still raging at the other side of the river. After a while, the rushing waters subsided and Ngungaroot managed to get over to where the young people were. He was on the point of seizing his daughter, when Wooditch struck him with the magic wand and turned him into a groper, which disappeared into a deep hole in the reef. As the couple



returned to the wide beach in order to make a fire to roast their fish, Wooditch speared a big groper which was swimming close to the shore. He left it with his wand leaning against it while he helped Milyan to roast the other fish. While they were eating their fish, Wooditch began to feel very sorry he turned the old man into a groper, for Milyan kept bursting into tears over the loss of her father. He told her that if the big fish beside him should happen to be the groper which had been her father, he wished it would turn into the old man again. Immediately, the transformation took place, and Ngungaroot was restored to them. He was now resigned to the union of Milyan and the powerful Wooditch. They left the neighbourhood and lived happily for many years at a place which has ever since been known as Milyanup. When Ngungaroot got very old they went back to Wooditchup and lived by the river that Wooditch had made. After they had been there a little while, one day Ngungaroot went into a cave and died. The cave is on the eastern end of the cliff at Walcliffe on the Margaret River. This place is ‘Wainilyinup’ or ‘the place where the old man died’.

Another story associated with the Kojonup district tells of a Crow and a Hawk creating a freshwater soak. The story was related to Bignell (1971):

… Dinah, the mother of the late, distinctive Ted Smith, told (him) this legend of the Kojonup district. The country was gripped in drought and the only known water was salty. The health of the parched Aborigines, birds and animals deteriorated. An eagle-hawk, soaring about the sky and swooping to earth, observed that a fat and shiny crow had a wet beak, wet with fresh water. The eagle-hawk, seething with unparalleled fury, attacked the cunning crow. In so doing his claws split the rocks and the blood of the attacked crow was splattered over the surrounding rocks and earth. So, a freshwater soak is to be found in the Wakhinup area, hidden amid rocks and surrounded by rich, red loam.

A story is related by Mr Doc Reynolds, an Esperance Nyungar, about the creation of the Young River near Esperance. This story also involves the action of an Eagle and a Crow. Reynolds stated to Goode (2005):

The Noongar people camped along the banks of the Young River, because the Eagle chased them all away from the fresh water. He wanted to keep it all for himself and not share with anyone. One day all the fresh water dried up. The eye of the crows which were the people had all turned white because they were forced to drink salty water. The Crow and Eagle then had a big fight and the Crow speared the Eagle and killed him. The Eagle’s wife, the Mallee Hen, dragged his body way down to the estuary of the river and buried his body on the east side. Because of the Mallee Hens scratching up of all the sand to bury her husband, her foot markings can still be seen today. The hill on the east side looks like a Mallee Hen’s nest, where the ‘walitj’ is buried.

Despite these and no doubt other such tales about the moral aspects and significance of water, the predominant theme of water in Aboriginal Australia is the serpent mythology. Radcliffe-Brown (1926) wrote that throughout Australia there is a belief in a huge serpent with creative and punitive powers which lives in certain dark



or deep pools or water holes. Sometimes associated with the rainbow, it could also occur as a wavy dark shadow in the Milky Way. Radcliffe-Brown points out the names and attributes of the Rainbow Serpent in different region’s, and describes the wogal that inhabits waterholes around Perth:

I have been able to trace the belief in the rainbow-serpent, living in deep, permanent water holes, through all the tribes from the extreme southwest at least as far north as the Ninety Mile Beach and eastward into the desert. In the tribes around Perth it is called wogal, and certain water holes are pointed out as being each the abode of a wogal. It is regarded as dangerous for anyone except a medicine man to approach such a water hole, as the serpent is likely to attack those who venture near its haunts. It generally attacks females, and the person whom it selects for its victim pines away and dies almost imperceptibly. To this creature’s influence the Aborigines attributed all sores and wounds for which they cannot otherwise account.

The notion of a serpent deity associated with water also occurs throughout the northern and eastern parts of Australia. At the Daly River in the Northern Territory a serpent-like deity is held responsible for the creation of rain, and ceremonies are performed to this dreaming character to bring the rain. This spirit is depicted in the rock art of the Wardaman people, where hundreds of cuts are incised into rocks for rain-making and to control the cycles of nature governing the monsoonal floods.

In the north-eastern goldfields of Western Australia the serpent is called Tjilia or the two Carpet Snakes. Its dreaming track is associated with the creation of vital waters throughout the Western Desert, and numerous highly secret, sacred sites located on this track are important ceremonial centres. Lake Miranda is one important site, and so is Logan Spring near Wiluna (Liberman 1976).

The Rainbow Serpent is believed to have excavated the beds of the rivers during its spirit travels throughout Aboriginal Australia, often conceived of as reaching down from the sky to the waterholes and pools, bringing water to the earth (Jackson 2004). Throughout Arnhem Land and the Kimberley, the Rainbow Serpent is associated with other myths regarding fertility, and is sometimes regarded as male and sometimes female (Reed 2001).

In the South West of Western Australia the Rainbow Serpent is the Waugal. Nyungars believe that the Waugal is both a creative force – shaping the landscape during the dreaming – and a punitive force – having powers to harm, particularly those who offend it by not carrying out their cultural responsibilities in protecting the country, especially sources of water.

In the beliefs of many Aboriginal tribes, the rains would dry up, the earth would become parched, and life would cease to exist if it were not for the Rainbow Serpent (Reed 2001).



In the Esperance region the mythical serpent that created the waterways was the Norrun (Tiger Snake). Mr Doc Reynolds, who related the story, stated that:

Long ago the Norrun (tiger snake) awoke from its sleep up north and began his journey towards the coast. The land was bare and desolate. As it moved along, its body pushed up the hills/dunes and went under the ground and back up again all the way along the coast. When the rains came is started to fill up the gullies and the flat areas that then became our creeks/rivers and lakes/swamp areas that today make up Lake Kepwari. (Doc Reynolds, pers. comm. 2005)

Mudrooroo, an Aboriginal writer and academic, offers a contemporary story about the Waugal, set in a modern context. The story deals with current social and environmental issues for Nyungar people and the wider community.

… this is a story about a big snake. European people do not like snakes. They think that they are bad and good for nothing, but to the Nyoongar people, the ancestor of all the snakes, the Waugyal, was not only good, but long ago made all the rivers and hills and valleys in South Western Australia. The rivers are the tracks he made as he twisted his way along. One of his tracks is the Swan River where this story happened. But before I begin our story, first of all I would like to say that after Waugyal had made everything, he went to sleep in a deep part of the river. And he is still there today. Perhaps I should say he tries to sleep, for these days there is too much noise and when he is disturbed, he becomes angry and restless and causes trouble. Sometimes he makes all the fish go away and other times he causes boats to capsize. He does not do these things because he is bad, but because people are bad. I’ll tell you one thing about the Waugyal. Wadjelas have studied us and have found that Aborigines all over Australia respect snakes, and they have joined up all these stories about snakes and made something called a rainbow serpent. They say and even tell us that the Waugyal is a Rainbow Serpent, whatever that is. But he isn’t. He is a big hairy snake that made the rivers and hills and valleys and then, after he had done this, went to sleep in the deep part of the river. If he is any colour he is black, but when we tell them this, they say he is a Rainbow Serpent and refuse to listen (Mudrooroo, ‘A Snake Story of the Nyoongar People’, in Giblett & Webb 1996).

Macintyre et al (2003) wrote that the continuous chain of lakes from Moore River to Mandurah was believed to have been created by the Waugal, who created all the rivers, lakes and wetlands in the Perth region. Further:

The Waugal was not only a creative totemic being but it was also a protector of the environment. According to Nyungar law, springs and gnamma holes could not be drained as it was believed that this would kill the guardian Waugal spirit and cause the water source to dry up permanently. The Waugal was said to be responsible for attracting the rain and keeping water holes and springs replenished. It was seen to be both a destructive and creative force in that it could cause sickness as well as cure illness … At a deeper level Waugal mythology



was a metaphor that emphasised the pre-scientific mysteries of the rivers, water sources and the landscape. It also explained how water moved throughout the Swan Coastal Plain as a system of underground streams interlinking wetlands to the rivers and ocean (Macintyre et al 2003:13).

Bates (1985: 221) reports that the “woggal” made all the big rivers of the South West and wherever it travelled it made a river. She notes that around the turn of the last century: ‘the places where it camped (stayed, entered the land) in these travels were always sacred.’ Specific places are named, and by Radcliffe-Brown too (1926). In more recent reports, the Waugal does not generally seem to have the same evil or avoidance/sacred (winnaitch) qualities as found in the earlier accounts. In contemporary reports most Nyungar reporting the presence of the Waugal are unable to provide any localised or contested mythological/ritual/ceremonial information with regard to the majority of reported Waugal sites. The Waugal has now become ‘essentially only the benign bringer of water’ (McDonald, Hale & Associates 2000), with contemporary Nyungars revering the Waugal and attesting to its spiritual importance and their cultural responsibilities to protect water in reverence to their beliefs.

Anthropologists continue to debate the importance of Waugal beliefs and their currency to Nyungar people as an element of the revitalisation of traditional beliefs. Some observers believe that so much of the knowledge about the Waugal mythology has been lost, and that what is currently retained by the Nyungar community is so fragmented as to make it less than useful for studies of traditional religious views of the world. Other researchers, such as O’Connor (1995: 44), point out the politicisation of the Waugal story by environmental groups and question its legitimacy when being reported by Nyungars within this context. O’Connor observes that few stories about the Waugal are associated with particular places or features or events of creation. Most places Aboriginal people identify with the Waugal do not have a story or explanation to accompany them however depending upon the credentials of the person making the report there is no doubt about the sincerity of the beliefs.

The views of Aboriginal communities with regard to Waugal beliefs have changed over time. Historically the Waugal was a creative and punitive spiritual force, that the deep pools it inhabited were sacred sites, and that in its travels it created other features of the landscape such as hills. McDonald (2000) views this as a modern interpretation, tied to the reinvention of tradition, since the traditional stories have been lost due to Western acculturation. In a report by Goode (2003a), this modern view of Waugal beliefs is referred to as ‘generalised significance’ – significance based upon religious beliefs as opposed to contextualised mythology. In the Perth metropolitan area and in the South West, most contemporary Waugal reports are considered by anthropologists to be of a generalised nature, yet in the minds of Nyungar informants relating the story, the significance of the place or water source is not diminished.

In contemporary times the Waugal is seen as present in all water bodies; it is the benign bringer of water. This view is largely based on Aboriginal people no longer knowing the traditional mythical stories about specific places; instead attributing



significance by reading the country and assigning general significance (Goode 2003a; Villiers 2002). McDonald et al (2001) described the Waugal as having been changed or diminished in meaning, from an entity that in the past made all the rivers, to now ‘a benign bringer of water’. Bates (1966) recorded that the Waugal made all the rivers and watercourses in the South West, but it was formerly the places where it had camped or where it lived in the land which were the sacred or winnaitch areas. McDonald et al (2001) suggests that these places were formerly of greater mythological significance than other parts of the watercourses. Another contemporary point of view (O’Connor et al 1989 and Goode 2003a, 2003b) sees the Waugal as a more complex entity, associated with a wider belief system; a multidimensional force in the present tense, more based on religious philosophy than traditional mythology. O’Connor et al (1989) sums it up with this statement:

The Waugal is not just a mythic serpent, an Australian version of the Loch Ness Monster. The Waugal is not just a totemic ancestor. The Waugal is not just a spiritual being, a semi deity. The Waugal is indeed all of these but is, more fundamentally, a personification, or perhaps more correctly animalisation, of the vital force of running water … As such also, the question does this permanent river (or creek, or spring or other water source) have (or belong to, or be associated with) a Waugal (or the Waugal) becomes, from an Aboriginal viewpoint, meaningless and condescending. The presence of living water bespeaks Waugal immanence.



Issues identified at the workshops

During the three workshops Nyungar participants identified issues of importance in their region with regards to the South West regional water plan. Issues were grouped under three categories: environmental, social/cultural and economic, in order of priority as determined by Nyungar participants. Participants suggested that this order reflects the values of Nyungars as opposed to Wadjelas, who often prioritise economic issues first.

The Bunbury conference – Gnaala Karla Booja

Figure 3 Participants at the Bunbury conference

Environmental issues

• Salinity of the waterways and upper catchments for all the Region’s rivers needs to be addressed as a matter of priority.

• Vegetation buffer strips need to be increased along waterway embankments to protect water quality from agriculture practices.

• There is not enough water for urban needs. Water needs to be conserved by better management practices. The removal of too much water from the river systems for urban use diminishes environmental flow and its benefits to the ecology. Urban water recycling is a priority need.



• Nyungar people have a traditional expectation that water should be drinkable out of a river. In the past it always was; not so now due to pollution from algae blooms, fertilisers, chemical spills, animal waste (dairy industry). Polluters need to be stopped by strong environmental laws that are enforced.

• Nyungars are opposed to alteration of river courses and excavation of stream beds for development. Activities which ultimately stop or divert the flow of rivers affect the landscape and ecology. Decreased water flow does not allow wetlands to be recharged. These activities affect Aboriginal cultural practices associated with food gathering and causes spiritual problems associated with Nyungars’ traditional responsibilities for ecological protection.

• Too much housing and industrial development on waterways affects the health of waterways. Developers should be compelled to maintain vegetation buffers around waterways.

• Pine and blue gum plantations use too much groundwater at the expense of the environment.

• Erosion of waterway embankments contributes to sedimentation and pollution. This diminishes water quality on which traditional food sources rely.

• Weed control and management in waterways needs to be a Government Natural Resource Management (NRM) priority, as riparian vegetation is an important habitat for the food sources of aquatic species.

• Abstraction of water from the Yarragadee aquifer for an alternative water supply for Perth is strongly opposed. The Aboriginal community believes the amount of water abstracted will lower the water table in the Blackwood River valley and place the environment of the area at risk.

• Environmental clearing of the upper catchments of the South West’s major rivers (trees and riparian vegetation) affects downstream water quality and adversely affects wildlife habitat which is an important cultural food source to Nyungar people.

Social and cultural issues

• There is a perceived lack of commitment by Government departments to fair and adequate consultation and recognition of Nyungars’ needs regards land and water management issues. This is seen by the Nyungar community as disrespect for Aboriginal culture.

• An agreed channel of communication needs to be set up so that a Nyungar voice will be heard and listened to with regards to water policy and land management issues in the South West. (An Aboriginal water reference committee may address this need.)

• Nyungars’ legal rights to water under native title need to be recognised and these rights need to be clarified and acted upon by governments when making decisions about water policy.

• Nyungar people should have a final say on all cultural and spiritual aspects of managing land and water resources that affect important cultural sites; not government authorities under myriad legislation.



• The broader community needs to be taught respect of rivers, wetlands and estuaries in line with Nyungar values. This should be done through public education.

• Aboriginal access to waterways and places of importance such as sacred sites, birth sites, burial places and hunting areas is obstructed by Government regulations and public or private ownership regulations. Consultation should be ensured when making regulations. Government should work with landowners to ensure cultural sites are protected and that access rights are provided for in law.

• Consultation protocol agreements need to be established about the reservation and protection of cultural sites around water, so that the appropriate people are consulted regarding a particular area within any native title claim. Aboriginal customary law does not allow representative decisions to be made about country. All clan Elders who own an area must be involved in decisions affecting that country. Agencies who engage in consultations with native title claim groups need to conduct research to identify the right people to engage with. Once identified, agreements about the consultation process need to be established so traditional rights are recognised.

• Men’s and women’s sites and business need to be identified so that any consultation protocols established respect gender roles.

• Respect and recognition of Nyungar values, history and culture needs to be a part of mainstream government thinking when dealing with land management issues. Aboriginal issues in the planning process need to be given greater priority at the initiation of projects, not once planning is finalised.

• Nyungars should have naming rights for waterways. Nyungar names for South West waterways show respect for Nyungar traditional ownership and culture.

• All South West rivers need to be formally recognised as spiritual sites under the West Australian Aboriginal Heritage Act (1972), not just sites like the Collie River which has a mythical story recorded about it. Due to the history of dispossession, many mythological stories have been lost but not the sacred belief in the ‘sanctity of water’. (See previous section: Aboriginal values pertaining to Waterways, Wetlands and Estuaries)

Economic issues

• As traditional owners of the land and waters, Nyungar people should not be paying water rates. They believe the broader community should pay royalties to native title claimants for the use of a traditional resource.

• Inappropriate agricultural and horticultural practices are wasting water and degrading the land. More appropriate crops and farming methods in line with Aboriginal values would address this problem. Government should fund research into this issue and build the capacity within the Nyungar community for the development of Indigenous enterprises that will embrace these values and bring the agriculture industry closer to sustainability.

• Employment of Nyungar people across Government departments that manage land and water would assist in bringing Aboriginal values into mainstream NRM management plans and practices.



• Government should assist the Nyungar community to create business enterprise opportunities in Natural Resource Management activities and eco-tourism in order to protect waterways as an economic asset. Legislation needs to be enacted to assist these enterprises secure access to waterways for this purpose.

• Nyungar communities want joint management over waterways with the government departments that currently manage them.

• Private water storage tanks on properties should be a priority of Government water planning to reduce domestic demand on a scarce resource, leaving more water in the environment. Nyungar communities believe government should financially assist people to provide their own water by subsidising tanks.

Priority issues identified by Gnaala Karla Booja

During the workshop participants were asked to provide a list of the most important issues identified. It was generally agreed by the groups at the workshop that the following represent the most important issues and that this priority list is not listed in weighted importance as the participants have stated all the identified issues are equally weighted:

• All environmental issues identified above are given high priority as Nyungar culture cannot continue if the natural ecology is destroyed. Natural resources are integral to the maintenance, continuance and transmission of Nyungar culture. Waterways, wetlands, lakes and estuarine systems are at the centre of Nyungar spiritual beliefs and contemporary cultural practices and as such these places should be given the highest priority when developing policy.

• Nyungar people should have the final say over managing land and waterways that will affect important cultural and spiritual sites of significance.

• Government agencies tasked with management of land and waterways should ensure that they have adequate, defined and agreed upon processes to ensure traditional owners are consulted properly about projects that will affect their native title and Heritage rights and interests.

• Government agencies tasked with managing lands and waterways need to provide career type employment opportunities for Nyungar people in order to address issues of respect for Indigenous values within management policy and to readdress issues of social justice and reconciliation.

• Government agencies tasked with managing land and waterways need to address access issues with regards to obstructive legislation and ownership of all waterways so that Nyungar people can continue to practice and transmit their culture.

• Nyungar people maintain that through public education the boarder community needs to be taught respect of waterways, wetlands and estuaries as these places are integral to the health of the land and water needs to be used sustainability so that there is enough for all needs.

• Alteration of river channels should not be allowed.



• Nyungars believe that as traditional owners they should have naming rights to all waterways and that Nyungar names should be used. Naming rights need to be defined by legislation.

• Abstraction of groundwater from the South West Yarragadee aquifer to provide an alternative water supply for the Perth Metropolitan area is strongly opposed due to the possible environmental cost to the Blackwood river system and ecosystems that depend upon this water.



The Busselton conference – South West Boojarah, Wagyl Kaip and Southern Noongar

Figure 4 Participants at the Busselton conference


• Farming practices more appropriate to the South West need to be developed to protect the natural environment.

• Damage to waterways by domestic animals on farms affects natural ecosystems which Aboriginal culture relies upon.

• Pollution of waterways from fertiliser/rubbish/effluent is choking up waterways and diminishing their ecological health which Aboriginal culture relies upon.

• Salinity of the waterways and upper catchments for all the region’s rivers needs to be addressed as a matter of priority.

• Clearing of trees and vegetation along waterway embankments affects the health of waterways and contributes to pollution through sedimentation. Vegetation buffers are needed along waterways between rivers and agricultural land.

• Noxious weeds need to be managed and controlled so as to not choke up waterways. Nyungars are very concerned about flow restriction.



• Feral animals (i.e. feral pigs, exotic fish) need to be removed and destroyed to protect the environmental integrity of natural ecologies.

• The Department of Environment and Conservation (DEC) should be using traditional fire burning practices for fire control as their burning practices place the environment at risk. DEC should consult with local Nyungars about controlled burning policies, particularly around waterways.

• Development of urban and commercial land affects the health of waterways. Planning policies that establish vegetation buffers need to be adopted in order to protect the health of waterways.

• The damming of rivers interferes with the environmental flow of waterways which diminishes the ecological health of land downstream from dams.

• Revegetation of waterway embankments throughout agricultural land is needed to maintain water quality and the health of the system.

• Water resources should be maintained as drinking water as opposed to wasteful practices such as swimming pools, spas, parks, gardens. ‘We can only feed people’s need, not their greed.’ Water usage for industry and agriculture should be based on sustainable principles and recycling of waste water should be a priority.

• Powerboats should be prohibited on waterways and particularly freshwater lakes (e.g. Lake Jasper) as they contribute to erosion, sedimentation and pollution.

• Abstraction of water from underground aquifers should be monitored and regulated so that the resource is used in a sustainable way in order to preserve groundwater for the environment. Licensing and regulation of groundwater abstraction needs to be policed and enforced.

• Water quality of waterways needs to be maintained in order to provide habitat for frogs, a culturally significant species and an indicator of waterway health. ‘Frogs are watchers of the world, if they are not singing out then we are not doing our job.’


• Prohibition of access to waterways through regulation and property ownership rights needs to be addressed at a policy planning level. Nyungar people need to maintain their links with the country for the education of youth: ‘Blackboard for cultural learning and practices.’ Access issues prohibit hunting and conducting traditional customs and practices.

• Nyungar people should have broader representation on advisory groups to do with water and NRM policy and management. The concept of a Water Reference Group is supported.

• Scientific policy and planning should be done in conjunction with traditional Aboriginal knowledge as more understanding can be gained with a different cultural interpretation of land management practices. Partnerships between Elders and scientists is needed.



• To protect sites of cultural heritage value, consultation protocols governing talking to local Elders need to be adopted and appropriate Aboriginal monitors need to be engaged to supervise ground-disturbing works in the vicinity of culturally significant sites.

• Government departments concerned with the management of waterways need to recognise and understand the spiritual significance of all waterways to Nyungar people and include Nyungar people in the development of all policy initiatives pertaining to waterway management. This includes adequate consultation and recognition of the custodial rights of individuals who own the sites.

• Authorities collecting Aboriginal cultural information to assist in planning and policy development in land management issues should form agreements with Nyungar people to protect their intellectual property rights pertaining to traditional knowledge.

• Government departments and developers should understand that not all culturally significant sites are on the Aboriginal Sites Register at the DIA. Aboriginal customary law deems that some places must remain secret. The Aboriginal Sites Register at the DIA is not a complete record of culturally important sites in an area and only consultation with the appropriate Elders will guarantee compliance with the Heritage Act. Government departments should conduct research to identify the most appropriate people to consult with in regards to heritage within native title claim areas.

• Planning authorities should recognise that the alteration of natural and traditional landscapes diminishes Aboriginal cultural values pertaining to these areas and that it will take a long time for restoration projects to restore an area to its previous value. Natural landscapes, particularly around waterways, need to be protected from any further development pressure.

• Government regulations affect Nyungars’ ability to practice traditional activities such as fishing for food on a year round basis. Laws regarding Aboriginal fishing are not uniform and traditional fishing rights are broadly recognised in the northern region’s of the state, but not in the South West. This needs to be addressed.

• In order to progress reconciliation and adequately involve Nyungars in policy development and management of land, the Government needs to acknowledge what they have done in the past was wrong and say sorry for the destruction of our spiritual and cultural connection to land and water.

• Nyungars strongly oppose abstraction of groundwater from the Yarragadee to supplement Perth’s water supply: ‘Water should not be taken from its country and sent elsewhere, it is part of the spirituality of the land.’



Economic issues

• Water management needs to develop best practices in order not to waste water. Water should be used on a sustainable basis: ‘Only take what you need, not what you can.’

• Aboriginal people consider that under native title they are the traditional owners of water resources and believe that compensation should be paid for the dispossession of this resource and that royalties should be paid by the State to the traditional owners for ongoing use. It was suggested that these royalties could be paid into community trusts to fund scholarships and employment for local Aboriginal communities.

• Nyungar people believe that joint tenure and ownership of water resources is needed in order that Nyungar people can co-manage and set policy directives as equal partners in the system. ‘Once we have ownership of assets then we have bargaining power.’

• Water management policy needs to set limits on industry for water use based on sustainability principles: ‘Capping of water use and limits on commercial use should be subject to rainfall.’

• Nyungar people should be given employment opportunities in Water Departments for permanent jobs, not just traineeships that do not lead to career paths.

• Too many government agencies are making decisions about water usage, allocation, management and access. At present the Aboriginal community only participates in this process as a community interest group through consultation. Nyungars believe this puts Nyungar values at the bottom of the hierarchy of the planning process and that this situation should be addressed through co-management arrangements. ‘Nyungars are currently on the bottom of the pyramid, which needs to be reversed. Nyungars need to be first.’

• Nyungars as traditional owners resent having to pay National Park camping fees to visit camping areas around waterways (e.g. Collie River).

Priority issues identified by South West Boojarah, Wagyl Kaip and Southern Noongar

Within the three groups participating in listing their priorities of issues, one group stated that all their issues were a priority and that no one issue was any more important than another. This priority list is not set out in order of importance as participants stated all the identified issues are equally weighted.

• All environmental issues, particularly tree clearing, are given high priority as Nyungar culture cannot continue if the natural ecology is destroyed. Natural resources are integral to the maintenance, continuance and transmission of Nyungar culture. All water sources are at the centre of Nyungar spiritual beliefs and contemporary cultural practices and therefore the protection of this resource is a high priority.



• Government agencies tasked with managing land and waterways need to address access issues with regards to obstructive legislation and ownership of all waterways so that Nyungar people can continue to practice and transmit their culture: ‘Our blackboard for cultural learning and practices.’

• Government agencies tasked with management of land and waterways should ensure they have adequate, defined and agreed upon processes to ensure traditional owners are consulted properly about projects that will affect their native title and heritage rights and interests. Nyungar people feel that they should have final say over managing land and waterways that will affect important cultural and spiritual sites of significance.

• Abstraction of groundwater from the South West Yarragadee aquifer to provide an alternative water supply for the Perth Metropolitan area is strongly opposed due to the possible environmental cost to the Blackwood River system, ecosystems that depend upon this water and the cultural and spiritual significance of this water.

• In order to progress reconciliation and to be able to adequately involve Nyungars in policy development and management of land, the Government needs to acknowledge what they have done in the past was wrong and say sorry for the destruction of the spiritual and cultural connection to land and water. This acknowledgement is a precursor to the creation of a meaningful dialogue.

• Nyungar people believe that joint tenure and ownership of water resources is needed so that Nyungar people can co-manage and set policy directives as equal partners in the system: ‘Once we have assets, then we have bargaining power.’

• The wastage and misuse of water by commercial (farming and mining) and private use (bores and dams) need to be addressed and plans put in place to protect this valuable resource which is necessary to maintain the environment.



The Narrogin conference – Ballardong

Figure 5 Participants at the Narrogin conference


• Native flora and fauna habitat is being destroyed by agriculture. More sustainable agricultural practices need to be established in order to protect Noongar resources.

• Salinity is affecting the water quality of the Avon Catchment and Beverley River.

• Damming of rivers is restricting environmental flow which downstream ecologies rely upon to maintain health.

• Waterways no longer fresh for drinking due to pollution from sewerage/run off/fertilisers/chemicals from farms and businesses. Noongars have a cultural expectation that you can still get drinking water from waterways in the region.

• Recreational activities such as the Avon Descent and powerboats on Lake Dumbleyung create fuel pollution. Rubbish left by people attending these events affects the values of important cultural sites. Regulations to protect Noongar values associated with such places need to be enacted to address this issue.



• Clearing of the land and riparian vegetation is instrumental in destroying waterways and water holes. De-snagging of waterways contributes to erosion, loss of habitat and sedimentation.

• Controlled burning programs by Department of Environment and Conservation (DEC) affect environmental biodiversity and diminish cultural resources for Noongars. This practice needs to be discussed with local Elders so that more appropriate fire control methods are used, particularly around waterways.

• Development of housing and infrastructure along waterways destroys riparian vegetation, contributes to erosion, sedimentation and loss of habitat, and diminishes water quality. Vegetation buffers need to be established along waterways to mitigate these problems.

• Deep drainage channels around Dumbleyung draining saline water to Lake Dumbleyung will adversely affect the ecology of the Lake and the Blackwood River during flooding. Deep drains also trap wildlife, causing them to be stranded. Better solutions to salinity need to be investigated with agriculture restricted near waterways.

• Farmers are still clearing trees even though salinity is a major environmental issue. This needs to be addressed through regulation and enforcement.

• Mining companies are wasting water for dust suppression. Better mining methods should be developed that do not rely on the use of large amounts of water.

• Farmers are using too much water with inappropriate agricultural practices, i.e. dairy farms, veggie growers. More appropriate farming practices using less water-reliant crops should be embarked upon.

• Revegetation of land is a priority and the land should be left untouched for 20 to 40 years to allow for regrowth and healing. Less land should be used for agriculture in the dry inland region’s.

• Local Shires need to be held accountable to State and Commonwealth environmental legislation. At present there is only ad hoc compliance throughout the region.

• Noongars have the expectation that lakes should have fresh potable water. Because of land clearing, salinity has affected the ability of lakes to support wildlife. Buffers between agriculture and lakes need to be established to address this issue.


• Government departments that manage land for recreational use on significant Aboriginal cultural sites are inappropriate and show disrespect for Noongar culture. Joint management by the Noongar community would address this issue.

• Too many regulations affect the Noongar community’s ability to maintain traditional cultural activities such as hunting, fishing, camping and burning country. Noongar values need to be considered when developing and implementing land management legislation.



• Currently there is no systematic approach in consulting with Noongars regarding the protection of areas that are spiritually and culturally significant, such as granite caps, campsites, ceremonial areas, massacre sites (York), gnamma holes (water sources), women’s sites (birthing places).

• Traditional paths of migration such as the Keip Trail are not accessible to Noongars due to private ownership issues, fencing and barriers erected to stop access.

• Noongar rights to water resources under native title have yet to be clarified and recognised. Noongars believe that royalties should be paid to their community for the use of a traditional resource from the environment.

• Traditional cultural rights for fishing are not respected, and Noongars must now seek a permit from DEC to fish in waterways and adhere to season and bag limits.

• Aboriginal wells on farms need to be protected. The Noongar community wants these places to be listed and protected as sites under the Aboriginal Heritage Act.

• The use of Noongar names for waterways should be considered at a policy level.

• The spiritual significance of all waterways to Noongars needs to be recognised at a policy level and adequate consultation with Noongar people needs to be conducted for planning that will affect waterways.

• The history of Aboriginal dispossession of the land needs to be made known to the broader community through education in order that the broader community can respect Aboriginal values and connection to land.

• Local governments need to develop consultation and engagement policies with local Noongar Elders for land management issues.

• Noongar education practices need access to places of importance such as camping sites around granites and lakes to transmit culture to the next generations.

• Power boat use on the lakes (e.g. Lake Dumbleyung) is not appropriate due to its affect on wildlife, water quality and the cultural significance of these areas.

• Taking water from the Gnangara aquifer, which is defined by the Noongars as a sacred site, to supply Kalgoorlie is culturally inappropriate and provides no economic benefit to the Noongar community. Water resources should be harvested in their places of origin, according to Aboriginal values.

Economic issues

• Government departments need to provide employment and traineeship opportunities with defined career paths within Natural Resource Management areas in order to take advantage of Aboriginal cultural values and land management skills.



• There is too much demand for urban water. The water shortage in Perth should be resolved in Perth by better water management practices, e.g. installation of water tanks; subsidise grey water re-use; save water. There is no economic benefit to the Noongar community in abstracting water from south-west aquifers and pumping it to Perth.

Priority issues identified by Ballardong

When asked to provide a list of the most important issues, participants stated that all the issues are a priority and that reflects the values of Noongars. They affirmed that Noongars prioritise issues differently to Wadjelas, with environmental being first, cultural and social second, and economic third. No priority list was extracted from this conference.



Nyungar responses at the conferences – a summary

This section provides a summary of the Nyungar responses to issues of water planning in the South West.


South West Nyungar people believe that distinct vegetation buffer zones should be placed between waterways and areas of land clearing, agricultural, urban and industrial development in order to diminish the adverse environmental affects of pollution, erosion, salinity and sedimentation that affect water quality and the ecological health of river systems. Nyungar people have the expectation that you should be able to drink from rivers in the South West region and that now, due to pollution, it is no longer possible to use South West waterways as a water source. South West Nyungar people believe that land clearing is still an issue and that restoration and revegetation needs to be a priority throughout the South West. The diversion and excavation of river channels, which diminishes the flow of water across the landscape, is seen as going against all Nyungar cultural beliefs. Nyungars say that waterway channels should be left where they are and not diverted, dammed or modified to suit the needs of developers. The water flow across the landscape is seen as crucial to both the environmental and spiritual wellbeing of the South West.

Nyungar people maintain that the ecological health of these systems is pivotal in maintaining Nyungar culture. Without a healthy environment, Nyungar people cannot maintain their use of the waterways as a place to collect food and for recreation, and as a place to maintain their spiritual and cultural connection with the land and particularly to transmit their values and knowledge to coming generations.

‘It is most important to Nyungars to be able to sit on the banks of the river, talking to the water and talking to ancestors. When you are feeling down, these visits help you think about the good times and make you feel better. This is what is important.’ (Participant at the Bunbury conference.)

‘Water is a “body” that holds a spirit that is connected to every plant, animal, all life, all water, puddles, lakes, rivers, wetlands and estuaries. Water is the lifeline, all of the landscape of a river is significant and the rivers are the spiritual connection that runs through all of the people, birthing places, walking tracks, camping and hunting places. All water is significant, these are the eyes, spirits in the water, the birds and the flowers are the spirits of the old people, it is all a part of the Nyungar bloodline. Every part of the ground is spiritual, it has been trodden on by the old people, the government needs to be aware of the sacred significance of the entire environment to Nyungar people.’ (Participant at the Busselton conference.)




Nyungar people feel that the lack of access to waterways and country interfere with the transmission of culture and knowledge to the next generations. At the conferences Nyungars expressed the view that as the traditional custodians of the land they should have unimpeded access to places of importance (waterways, wells, granite crops, gnamma holes, wetlands and lakes, etc). Government legislation and private property ownership obstructs Nyungar people from accessing sites of cultural significance where people have obligations to maintain their connection to land and culture through traditional activities such as hunting, fishing and camping. Reserves and campsites of historical significance are also problematic in terms of access, because of private ownership and legislative restrictions. The Nyungar community advised that it is of particular importance for government to legislate to protect Nyungar people’s access rights to places of cultural importance so that Nyungar culture can be transmitted to the youth, in order that they too can continue traditional cultural practises and be able to fulfil their cultural responsibilities as custodians of the land, water and environment.

The Nyungar community identified as of priority importance the protection and preservation of important sites such as camping areas, ceremonial areas, massacre sites, birthing places, gnamma holes on granite caps and other such places.

The Nyungar community felt that more education was necessary in the wider community regarding water use and sustainability, and also to inform the community, government agencies and local shires of the spiritual and cultural significance of water to Nyungar people. With this education it was hoped there would be more respect shown towards Nyungar culture and places of cultural importance. Nyungars also believe that the wider community could show respect to Nyungar values and culture by reinstating Nyungar names to features of the landscape, particularly waterways.

‘We need access to the waterways to use as the “bush blackboard” of cultural learning, to pass from generation to generation the spiritual connection, identification of place, for healing and to teach appropriate conservation practices.’ (Participant at the Busselton conference.)

‘We need to get young kids in the bush with Elders to educate them with the do’s and don’t to respect the water. We can’t keep children in the concrete jungle. We need to learn to have respect for ourselves and the land and the water and what’s in the water. Employment without respect – we are losing the battle.’ (As quoted at the Bunbury conference.)

Economic issues

Employment opportunities were seen as a high priority by attendees. It was requested that positions should be made available that would provide permanent employment and career paths, not just traineeships which didn’t guarantee future employment. ‘Nyungar people feel that they are the most trained people without jobs. Nyungars want permanent jobs, not just training opportunities.’



Attendees felt that as the traditional custodians of the land and water resources, compensation and royalties for the use of these resources should be paid to the Nyungar community, and used to fund scholarships, employment and business opportunities. As the traditional owners, attendees stated that fees for camping or water rates should not be applicable to Nyungar people. Further, joint ownership or tenure of water resources should be given to the Nyungar community to allow for an equal partnership and a say in the future management of water.

With regards to the current management of water by Government agencies (the Department of Water, Water Corporation), the Nyungar community advised that policies need to be enforced for a more sustainable future with better water management practices. Water should not be drawn from aquifers and transferred to other region’s (e.g. South West Yarragadee project). Water resources in urban areas should be managed on a more sustainable basis so as not to waste water which requires the continued development of more resources and the transfer of these resources between region’s. Spiritually, Nyungar people believe that it is not right to take water from one area and move it to another; it should be used in the area that it belongs. ‘The governments change their policies and ideas, but Aboriginals never change their policies.’ (Participant at the Bunbury conference)

With regards to opportunities to build enterprise businesses for the future, as discussed by Virginia Falk at the Bunbury conference, the Nyungar community said that they would like to start eco-tourism and environmental rehabilitation ventures relating to water resources. Attendees stated that assistance from government departments such as the Department of Water would be required to commence these ventures. They suggested that joint management projects with government departments involving water management and business opportunities could be the beginning of future capacity building for projects that would assist the Nyungar community to build the skills and business culture necessary to succeed in the Wadjela world.



A Nyungar model for appropriate planning

As a result of the conferences initiated by the Department of Water, members of the South West Nyungar community have clearly identified their wish to be involved in policy development and planning initiatives so that the South West regional water Plan will embrace Nyungar values regarding the importance of water as both a natural and spiritual resource. South West Nyungar people believe that scientists and planners in the department need to embrace a model for planning that places priority on environmental protection. To Nyungars, environmental protection equally protects social and cultural values, identified at the workshops, that are of crucial importance to the continuation and maintenance of Nyungar culture. Nyungar people consistently made the statement that policy makers and planners in Wadjela-based government departments generally prioritise economic issues, judging environmental and social values to be of less importance. Nyungar people maintain that this prioritisation is wrong in terms of Nyungar culture and that environmental values need to be placed at the top of the hierarchy.

An appropriate consultation process

A main issue identified in the conferences was the absence, in the past, of a consistent and agreed consultation process with government departments regarding consultation protocols with Nyungar people about heritage and about Nyungar involvement in land management policy and planning generally. Attendees consistently stated that a consultation process reflecting Nyungar values needs to be developed.

In Nyungar culture the right Elders with whom government can speak to about country need to be correctly identified. It is not appropriate in Nyungar culture for others to ‘talk out of country’. Conference attendees had been invited to the conferences as working party members for native title claims which cover much broader areas than individuals felt they had either the knowledge or the cultural authority to speak about. Many attendees felt that by taking this representative approach to consultation, government often created problems within the community as people are expected to speak for areas that they don’t have the authority to speak about.

It was suggested that the Department of Water and any other agencies wishing to engage with the Nyungar community need to carry out research and consultations that will lead to the establishment of a Memorandum of Understanding (MOU) with the Nyungar community pertaining to heritage and consultation protocol. This agreement, which initially should be brokered through the working parties at the South West Aboriginal Land and Sea Council, must recognise that within each native title claim area there are key Elders who have the sole authority to speak for a particular area within the claim, but not the whole claim. These Elders need to be correctly identified and accepted as the ones through which all heritage and policy business matters are addressed. The Department of Water should conduct research and consultations to identify these key Elders prior to making any further decisions



about the creation of a Water Reference Group. The department’s current conception of a Water Reference Group was seen to be a largely representative structure that did not adequately recognise Nyungars’ values.

In regards to the Department of Water’s wish to form a Water Reference Group, the attendees supported the idea in principle. They stated that the structure of the Group and the selection process for participants would need to be established through further consultation. The Group would need to be structured in a way that was in keeping with Nyungar values pertaining to speaking for country. Attendees stated that by having Nyungars on such a group it was hoped that Nyungars’ needs would be addressed at the beginning of planning for initiatives and that Nyungar values would be given a higher weighting within the whole planning process than they are at present, where people are consulted after plans are made and compliance legislation needs to be addressed.

It was also identified that gender roles need to be respected during consultations. Traditionally men’s and women’s business was conducted separately and participants requested that for certain issues this convention be maintained. The agency running a consultation should enquire about gender issues before scheduling meetings and or selecting people to sit upon a committee, for example a Water Reference Group.

Attendees stated that when participating in consultations about heritage or water planning policy, Nyungars should be adequately paid for their time, expenses and travel, as are any other consultants engaged by government. Terms and conditions should be written into a Memorandum of Understanding.

The issue of intellectual property rights was raised. Attendees stated that Nyungar people need to be assured that information given will not be used for any purpose other than what it was given for; this issue would need to be a part of any agreement reached. Firm agreements need to be reached about ownership of information that Nyungars give to government during consultation.



Water rights in relation to native title

Nyungar people believe they have legal rights to water under the Native Title Act. These rights are yet to be recognised or defined in policy initiatives pertaining to the South West regional water plan by the Department of Water. Legal research needs to be conducted in order to clarify these rights and to make sure that the Department of Water is compliant with native title legislation.

Representatives of the South West Aboriginal Land and Sea Council (SWALSC), the representative body for Nyungars under the Native Title Act, attended the conferences and indicated their wish that the Department of Water engage with SWALSC in the process of defining these rights.

Aboriginal Heritage Act requirements

A key issue identified in all the conferences was that all government departments that engage in land and water management should show respect for and adherence to the terms of the Aboriginal Heritage Act (1972). Nyungar people said that agencies need to develop policies on identifying and protecting places of importance to Nyungar people, and that waterways were a high priority for such protection.

The Aboriginal Heritage Act (1972) was formulated to ensure places of cultural significance to Aboriginal people in Western Australia are protected from development. Section 5 of the Act defines an Aboriginal Heritage Site to be:

a Any place of importance or significance where people of Aboriginal descent have, or appear to have, left any object, natural or artificial, used for, or made or adapted for use for, any purpose connected with the traditional cultural life of Aboriginal people, past or present

b Any sacred, ritual or ceremonial site, which is of importance and special significance to people of Aboriginal descent

c Any place which, in the opinion of the committee, is or was associated with Aboriginal people and which is of historical, anthropological, archaeological or ethnographical interest and should be preserved because of its importance and significance to the cultural heritage of the State

d Any place where objects to which this Act applies are traditionally stored, or to which, under the provisions of the Act, such objects have been taken or removed.



Any place determined to be a site under Section 5, is then evaluated under Section 39 of the Heritage Act. Section 39 (2) and (3) states:

(2) In evaluating the importance of places and objects the committee shall have regard to:

a Any existing use or significance attributed under relevant Aboriginal custom;

b Any former or reputed use or significance which may be attributed on the basis of traditional, historical association, or Aboriginal sentiment;

c Any potential anthropological, archaeological or ethnographical interests; and

d Aesthetic values

(3) Associated sacred beliefs, and ritual or ceremonial usage, in so far as such matters can be ascertained, shall be regarded as the primary considerations to be taken into account in the evaluation of any place or object for the purposes of this Act.

In terms of the current study the Department of Water, like all proponents, is required under law to address the terms of this Act when planning activities that affect access to land. There is no set or legislated policy or procedure outlined within the Heritage Act on how proponents are meant to meet their obligations. The Act simply states that under Section 17 it is an offence to disturb, alter, affect or destroy an Aboriginal Site, whether known to the department or not. It is the obligation of the proponent to determine the existence of such a place, as defined by Section 5 of the Act, located within the parameters of their development area. The way recommended by the Department of Indigenous Affairs (DIA) to meet this obligation is to conduct anthropological and archaeological surveys before works are done in an area. If these surveys find that the land may contain an Aboriginal site and that the site would need to be disturbed, the proponent must apply under Section 18 of the Act for Ministerial consent to use the land, prior to work taking place.

In order to assist proponents with this process the DIA sets out its recommended process in documents entitled ‘Guidelines for Heritage Assessment (1994)’. Within the administration of the Act the DIA also makes a provision for maintaining an Aboriginal Sites Register. This geographic information system (GIS) database provides overview data on the existence of such places as defined by Section 5 of the Act. The sites have been recorded as a tool to assist people making decisions on the necessity of commissioning heritage surveys by showing what has previously been recorded in an area. However proponents must be aware that the register is not a comprehensive record of all the sites that may exist in an area that are of significance to Aboriginal people. Other sites may exist that are yet to be recorded and as such on-the-ground consultation with local Aboriginal people is the only way to conclusively determine whether a site will be affected. For detailed analysis of these sites, the proponent must access site file records held at the Perth Head Office of the DIA.



Harris family Native Title claim area

Within the Harris family Native Title claim area 144 Aboriginal Heritage Sites have been previously recorded and lodged with the DIA on the Aboriginal Sites Register. Of these 144 sites, 62 have been assessed by the Aboriginal Cultural Materials Committee (ACMC) to meet the criteria of Section 5 of the Act and have been placed on the Permanent Register. A further 69 sites are yet to be assessed against the criteria of Section 5 of the Act and at present are lodged on the Interim Register. All such places are however covered by the protection of the Act until assessed and require Section 18 consent prior to disturbance. Of these 144 sites, 41 are recorded as ethnographic sites and 103 as archaeological. Analysis of these sites finds that 9 of the ethnographic sites have been recorded along the margins of waterways, with 2 near wetlands and zero on an estuary. For archaeological sites 19 have been recorded on waterways, 2 on wetlands and 1 on an estuary.

South West Boojarah Native Title claim area

Within the South West Boojarah Native Title claim area 258 Aboriginal Heritage Sites have been previously recorded and lodged with the DIA on the Aboriginal Sites Register. Of these 258 sites, 119 have been assessed by the ACMC to meet the criteria of Section 5 of the Act and have been placed on the Permanent Register. A further 110 sites are yet to be assessed against the criteria of Section 5 of the Act and at present are lodged on the Interim Register. All such places are however covered by the protection of the Act until assessed and require Section 18 consent prior to disturbance. Of these 258 sites, 71 are recorded as ethnographic sites and 187 as archaeological. Analysis of these sites finds that 17 of the ethnographic sites have been recorded along the margins of waterways, with 5 near wetlands and zero on an estuary. For archaeological sites 35 have been recorded on waterways, 14 on wetlands and 2 on an estuary.

Ballardong Native Title claim area

Within the Ballardong Native Title claim area in the NRM study region, 12 Aboriginal Heritage Sites have been previously recorded and lodged with the DIA on the Aboriginal Sites Register. Of these 12 sites, 1 has been assessed by the ACMC to meet the criteria of Section 5 of the Act and has been placed on the Permanent Register. A further 11 sites are yet to be assessed against the criteria of Section 5 of the Act and at present are lodged on the Interim Register. All such places are however covered by the protection of the Act until assessed and require Section 18 consent prior to disturbance. Of these 12 sites, 8 are recorded as ethnographic sites and 4 as archaeological. Analysis of these sites finds that 2 of the ethnographic sites have been recorded along the margins of waterways with 1 near wetlands and zero on an estuary. For archaeological sites 1 has been recorded on waterways, 1 on wetlands and zero on an estuary.



Gnaala Karla Booja Native Title claim area

Within the Gnaala Karla Booja Native Title claim area 1028 Aboriginal Heritage Sites have been previously recorded and lodged with the DIA on the Aboriginal Sites Register. Of these 1028 sites, 245 have been assessed by the ACMC to meet the criteria of Section 5 of the Act and have been placed on the Permanent Register. A further 375 sites are yet to be assessed against the criteria of Section 5 of the Act and at present are lodged on the Interim Register. All such places are however covered by the protection of the Act until assessed and require Section 18 consent prior to disturbance. Of these 1028 sites, 181 are recorded as ethnographic sites and 848 as archaeological. Analysis of these sites finds that 51 of the ethnographic sites have been recorded along the margins of waterways with 15 near wetlands and 2 on an estuary. For archaeological sites 135 have been recorded on waterways, 19 on wetlands and 39 on an estuary.

Wagyl Kaip and Southern Noongar Native Title claim areas

Within the Wagyl Kaip and Southern Noongar Native Title claim area 81 Aboriginal Heritage Sites have been previously recorded and lodged with the DIA on the Aboriginal Sites Register. Of these 81 sites, 33 have been assessed by the ACMC to meet the criteria of Section 5 of the Act and have been placed on the Permanent Register. A further 39 sites are yet to be assessed against the criteria of Section 5 of the Act and at present are lodged on the Interim Register. All such places are however covered by the protection of the Act until assessed and require Section 18 consent prior to disturbance. Of these 81 sites, 35 are recorded as ethnographic sites and 46 as archaeological. Analysis of these sites finds that 6 of the ethnographic sites have been recorded along the margins of waterways with 3 near wetlands and zero on an estuary. For archaeological sites 5 have been recorded on waterways, 7 on wetlands and 2 on an estuary.

Within the study area there are likely to be many more places of Heritage significance that are yet to be recorded or placed on the Sites Register and afforded protection under the Act. This may be due to restrictions Nyungars place upon revealing cultural knowledge or a consequence of the fact that surveys are often development driven and few systematic surveys of the study area have been undertaken.



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Abbreviations

DEC Department of Environment and Conservation

DIA Department of Indigenous Affairs

EWR Ecological Water Requirements

IDSS Investment Decision Support System

MOA Memorandum of Agreement

MOU Memorandum of Understanding

NRM Natural Resource Management

SWALSC South West Aboriginal Land and Sea Council

SWCC South West Catchment Council

SWR Social Water Requirements



Appendix 1: Raw data from each conference as scribed on butcher’s paper

Bunbury conference – Gnaala Karla Booja

Attendees: Karim Khan, Sima Khan, Isla Bellotti, Rhona Wallam, Lera Williams, Graham Bennell, Dennis Hill, Les Wallam, Barbara Corbett, Harry Narkle, Jennifer Narkle, Ian Michael, Maureen Hill, Yvonne Garlett, Lesley Hill, Doug Hill, Joe Northover, Dawn Bennell, Annette Collard, Carol Innes, Marissa Maner and Glen Kelly.

Group 1

• Not enough water for state

• Too much removal of water

• Funding application and availability

• Salinity

• Alter river course, stream bed, silt sediment and stops flow of rivers

• Pollution – algae bloom

• Decreased flow – not allow wetlands to recharge

• Housing and Industry Development

• Broad scale clearance

• Not enough buffer strips along waterways

• Inappropriate agriculture and horticulture

• Not enough Indigenous inputs

• Rainfall

• Disrespect for culture

• Not enough community awareness – water usage, river and waterways

• Lack of cultural access to water

• Lack of rights in consultation recognition – government and community

• Yarragadee

Group 2

• Health of the water, e.g. pollution

• Pine plantation affecting water level

• Natural water sources/soak water/wells no longer accessible or damaged, e.g. well between Williams & Narrogin – Geeraling (also sacred site, birth and burials)

• Youth needs education, employment with protecting water resources and learn respect for themselves, environment and culture (cleaning wells etc.), also on the job training important and needs link up with existing business/institutes/schools



• Water needs protection

• Need to have one voice for Aboriginal people (unity)

• Education – Employment opportunities need to be in ‘mainstream’ i.e. play important roles. Need to be certified. Need facilities that are more environmental (in tune with nature)

• Need a channel for ‘Aboriginal Voice’, also of young people to be heard

• Process system needed, legal rights to water and land resources need to be clarified, e.g. spiritual connection. The environment is the ‘church’ or spiritual ‘centre’ for Aboriginal people

• Men’s and women cultural ties to water and land are different and need to be identified, e.g. water very important to women as birthing place

• Noongar people should have final say over all cultural and spiritual aspects of managing land and water resources – sacred sites. Need to maintain all for benefit of people and environment

• Erosion

• Please take into account we Aboriginals are Australian.

Group 3

• Access – cultural practises, recreational e.g. fishing and marron

• Environment clearing – wildlife/cultural food concerns

• Weed control/management

• Salinity concerns – blue gums/plantations

• Industry – commercial concerns

• Restrictions to sites of significance – spiritual healing

• Private property owners – chemical discharge

• Joint management – government department

• Land water and sea water management

• Preserving and protection of cultural sites around water sources

• Private storage – home water tanks

• Education, training, employment – employ local Aboriginal people

• Commercial – Industry – Restoration of disturbed areas, e.g. Cable Sands

• Business enterprise opportunities – nurseries, tourism

• Government department – input into management plans, employment

• Consultation protocols – Aboriginal communities, Elders, Groups and organisations

• Cultural concerns on waterways of significance, e.g. Yarragadee, Collie River

• Caring for country

• Cultural management

• Land use areas – mining, forestry, old missions, farms and aquaculture

• Unity



Group 4

• Health of water

• Salinity

• Yarragadee

• Tree clearing along rivers (riparian vegetation)

• Need for buffer zones

• Fencing rivers – access, swimming, marroning, cultural activities, fishing and storytelling

• Having a say in water usage

• Lack of involvement

• Environmental flows – water for wetlands

• Alterations of water courses – affects cultural values/mythology/history

• Naming of Rivers – naming rights – Noongar names and existing names (i.e. Collie River – Noongar name – ownership – intellectual property)

• Information recognition of Noongar values/history/culture

• Need for respect of rivers – all people

• Observed reduced flows – reduced water quality

• Who is involved – Noongar input into working group

• Family groups/respect traditional local people

• Burekup Water – restricted access (previously a gazetted public road)

• Fauna – water and habitat protection

• Lack of fish, crabs and cobbler

• Water rates – why do we pay for water when we don’t have a share in it?

• Pollution – fertiliser, chemical spills (Leschenault Estuary), animal waste (dairy farms)

• Amount of water used in agriculture – cost of water

• Land clearing in upper catchment

• Pines using too much water

• Traditional expectation that water should be drinkable out of river. Always was.

• Water allocation for Nyungar people should be a return to Nyungar people



Busselton conference – South West Boojarah, Wagyl Kaip and Southern Noongar

Attendees: Carol Petterson, Jennifer Wynne Loo, Jeanine Riley, Kenneth Ninyette, Bill Thompson, Barbara Corbett, Tania Herbert, Jack Hill, Donna Hill, Rosalie Quartermaine, Carol Innes, Marissa Maner, Lynette Knapp, Harry Rodd, Ian Michael, Mitchella Hutchins, Aileen Rodgers and Wendy Hayden.

Group 1

• Acknowledgement from Government of the destruction of our spiritual and culture connection to the rivers (dislocation).

• Say SORRY

• Access – areas fenced off (dammed), poisoned (Night Well)

• Involve Noongars – too late – decisions already made (Yarragadee)

• Farming community – over farming and practises – clearing

• Limited representation of Noongar/Aboriginal people in advisory groups – 2 or more

• Joint tenure – ownership of rivers and waters – ownership/managing – Noongar people need assets – bargaining power.

• Development – clearing /urban farming

• Pollution

• Salinity – lakes system

• Licensing for bores – metered to monitor

• Need access to waterways for ‘black board’ for cultural learning – generation to generation – spiritual connection, identification of place, healing, conservation practises

• Fauna and flora – place living

• Wetlands protection

• Damming – ‘How can we soar with eagles when we are dealing with budgies’ – William Thompson

• Dried up freshwater springs – cultural activities

• Too many governments/non-government agencies making decisions over water and water usage/management/access/coordination

Group 2

• Survival – environment (animals/plants etc) and humans

• Noongar knowledge/continuity and participation

• Noongar values

• Sustainability factor – take what you need, not what you can

• Chocking up the tributaries (dam/river entrance)

• Waterways spiritually significant



• Elders must have input to utilisation (young with knowledge)

• Compensation/Protection – control – community trust, scholarships, employment

• Hunting – gathering

• Custodial rights recognised

• Streamline – authorities involved – clarify (indigenous input)

• Intellectual copyrights

• Groundwater – stay in the ground: Wardandi/Water/Booja

• Group does not support Yarragadee project

• Indigenous monitors on all ground works

• Religious rights/cultural/spirituality

• Indigenous protocols: acknowledge and adhere to

• Motorboats on fresh waterways

• Farmers responsible for damage on banks, i.e. turtle nesting

• European farming practises in an arid country – develop appropriate methods.

• Environment

• Noxious weeds – management/control

• Feral animals – fish and other aquatic species

• Frog – sacred/significant: environment/culture

• Fire control – indigenous fire stick – method/collaborative

• Water tables

• Effluent from commercial industry

• Is there a capping on water use – limit on commercial use – subject to rainfall?

• Altering of traditional/cultural landscapes

• Not all sites can be registered – protection of sacred significant sites.

• Over clearing – affects waterways

• FPC, the Department of Water, NRMS, SWALSC, EPA organisations – Noongars on the bottom – reverse the pyramid

• Active individuals/indigenous community input into sub-groups regarding water

• Can feed mans needs not his greed – drinking water V’s swimming pools, spas, parks and gardens

• Current custodians – looking out for future generations needs and not just our own now but for the tomorrow

• Custodial information at times ignored or exploited – extremely valuable and at times rare



Group 3

• Salty

• Fertiliser

• Rubbish

• Ownership/Life

• Access

• Misuse and abuse

• Trees (Forests)/clearing

• Revegetation – seedlings

• Dams – channels (Farm and commercial)

• Water is a tool

• Mining – Water usage??

• Bore Water

• Food – rules and regulations, e.g. third world countries

• Water waste

• Education – domestic use, tanks, shower with a friend, car washes

• Spas and baths

• Water and Population

• Revenue – fees, e.g. Collie Shire camping areas, access for cultural purposes, children, trust funds

• Respect waterways, e.g. motorised sports

• Cultural interpretation

• Use of water during restrictions

• Fishing – cultural (season)

• Voice – decision making/planning/communication skills

• Business – employment opportunities – not traineeships

• Yarragadee – not on

• Aboriginal consultancy



Narrogin conference – Ballardong

Attendees: Diane Taylor, Rhona May, Owen Woods, Donna Hill, Jack Hill, Gary Bennell, Gloria Bennell, Faye Slater, Arthur Slater, Robert Riley, Iris Riley, Winnie McHenry, Janet Collard, Ezzard Flowers, Angus Wallam, Glenis Yarran, Reg Yarran, Janet Hayden, Charn Hayden

Group 1

• Native/Flora and fauna destroyed (Burlong) Northam (general region)

• Machinery/Tractors/Loaders

• Salt in Avon – run-offs (salinity)

• Damming rivers by Wadjelas

• Water not fresh for drinking anymore

• Sacred sites been destroyed and desecrated

• Preserve (birthing places) near river has been destroyed and no longer sacred

• Heritage and culture being destroyed by Wadjela influences

• Pollution of sewerage/run-offs from framing and businesses

• Avon Decent – Fuel and people/rubbish

• Recreation areas have been established on sacred grounds

• Roadway/walk tracks closed to Nyungars’ access (run) ‘Keip Trail’

• Dumping place (illegal)

• Lack of voice – no one listening to the people (general)

• Clearing of land been instrumental in destroying water and water holes

• Fencing/gates erected to stop Nyungars accessing water sites

• No respect and acknowledgement fro Waugal dreaming site (Avon/Swan)

• Sewerage run-offs and dumped by Shire (‘Miley’ – Brookton)

• Fertilisers impacting on water-ways and drying up the water and making it unfit for human/livestock consumption

• Fire destroying area and water resources – DEC needs to be advised by ‘proper people’ of burning season (appropriately) controlled burns. Water mob and Nyungar to talk together on issues of water and land

• Golden pipeline – water from Gnangara (sacred site) mound used to supply Kalgoorlie region’s. No benefit to Nyungar people

• Massacre site (sacred) Ballardong –York (burnt side of river) – no recognition – plaque

• Birthing place near York off river near Swing Bridge destroyed

• Beverley River dry and muddy – no clear drinking water

• Australind ocean outlet for re-development water impacting on Collie River and local tributaries – housing and infrastructure destroying vegetation and waterways – silt – machinery – human occupation – wildlife destroyed (birds not returning to natural environment)



• Recreation areas create uncontrolled activities e.g. power boats – fuel pollution

• Drainage channels around Lake Dumbleyung causing salinity and will ‘Kill’ the Lake and Blackwood River – no cure due to farmers clearing trees and no vegetation to prevent erosion on land – farmers still clearing land (greed) – need to re-vegetate land and leave until re-growth occurs (20–40 years)

• Brookton – ‘Happy Valley’ salt only small section in centre of water is still fresh (salinity) – brackish and vegetation destroyed (farmers) – clearing with machinery – water for own use – spraying with fertilisers

• Mining companies using water to spray onto land to settle dust (thousands of litres)

• Farmers (dairy and veggie growers) pumping out 100 gigalitres (1000 million litres) to grow grass for the cows to eat and on their veggies every day – Yarragadee – impacting enormously on the Yarragadee supply

• Nyungars’ rights to water not recognised – no respect for tradition – no royalties

• No rights for fishing; food sources – CALM holds ownership on rights (Government) – Nyungar needs permission to fish and hunt on own country, PERMITS – food sources destroyed – need to consult with traditional owners on up-keep of waterways/water holes/lakes/rivers

• Pollution destroyed all food sources in our major rivers – environmental issues – shires MUST be held accountable for ‘ALL’ these issues (ACCOUNTABILITY)

Group 2

• Too much clearing

• Salinity

• Loss of habitat for wildlife

• Deep drainage by farmers causing floods on reserve at Badjaling

• Chemical pollution

• Runoff of fertilisers from farms

• To much demand fro urban water use

• Lakes were fresh and supported lots of wildlife.

• Re-vegetation

• De-snagging (clearing)

• Clearing out rushes/sedges from rivers

• Spiritual significance of water (Waugal)

• Destruction of species of spiritual significance – killing of Waugal’s

• Drainage – causes wildlife to be stranded and no bobtails

• Endangered banksias killed by government departments of Badjaling

• Government departments not consult about local water issues



• Loss of habitat will break transmission of Noongar values as teaching resources lost

• Employment/traineeship – Nyungars are good land managers

• Not allowed to use fire to manage land – not allowed to collect wood – too much wrong regulations that affects Noongar cultural values

• Not listening to Noongar values that protect areas of granite – these places are of spiritual significance – gathering ceremonial areas – campsites – gnamma holes – ‘Jimbah’ myth tells about these places

• Women’s cultural sites are often located in such places (previous point) – birthing places

• History of the affect on Aboriginal people of dispossession story needs to be told so that white community can respect Aboriginal connection to land

• Nyungars say that water should not be wasted

• CALM regulations stop Nyungars camping around lakes and granites – need these places for out culture to teach kids.

• Can’t get to wells – farmers fill in well, cant camp there – need to be protected on private property – these places not listed or protected on heritage list not enforced

• Lots of wells have dried up

• Skiing on lakes – motorboats scaring birds

• Camping (Wadjela – not showing respect/cleaning up)

• Nyungar names for trees/plants – names are for each country

• Sort it out in Perth – install rainwater tanks to help with Perth’s water needs – subsidise grey waste re-use – save water – don’t look for new sources

• People not showing proper respect – propitiatory rituals – throwing sand



Appendix 2: Consolidated lists of issues and priorities of the three conferences


• Abstraction of water from the Yarragadee aquifer for an alternative water supply for Perth is strongly opposed. The Aboriginal community believes the amount of water abstracted will lower the water table in the Blackwood River valley and place the environment of the area at risk.

• Abstraction of water from underground aquifers should be monitored and regulated so that the resource is used in a sustainable way in order to preserve groundwater for the environment. Licensing and regulation of groundwater abstraction needs to be policed and enforced.

• Clearing of the land and riparian vegetation is instrumental in destroying waterways and water holes. De-snagging of waterways contributes to erosion, loss of habitat and sedimentation.

• Clearing of trees and vegetation along waterway embankments affects the health of waterways and contributes to pollution through sedimentation. Vegetation buffers are needed along waterways between rivers and agricultural land.

• Controlled burning programs by Department of Environment and Conservation (DEC) affect environmental biodiversity and diminish cultural resources for Noongars. This practice needs to be discussed with local Elders so that more appropriate fire control methods are used, particularly around waterways.

• Damage to waterways by domestic animals on farms affects natural ecosystems which Aboriginal culture relies upon.

• Damming of rivers is restricting environmental flow which downstream ecologies rely upon to maintain health.

• Deep drainage channels around Dumbleyung draining saline water to Lake Dumbleyung will adversely affect the ecology of the Lake and the Blackwood River during flooding. Deep drains also trap wildlife, causing them to be stranded. Better solutions to salinity need to be investigated with agriculture restricted near waterways.

• Development of housing and infrastructure along waterways destroys riparian vegetation, contributes to erosion, sedimentation and loss of habitat, and diminishes water quality. Vegetation buffers need to be established along waterways to mitigate these problems.

• Development of urban and commercial land affects the health of waterways. Planning policies that establish vegetation buffers need to be adopted in order to protect the health of waterways.

• Environmental clearing of the upper catchments of the South West’s major rivers (trees and riparian vegetation) affects downstream water quality and adversely affects wildlife habitat which is an important cultural food source to Nyungar people.



• Erosion of waterway embankments contributes to sedimentation and pollution. This diminishes water quality on which traditional food sources rely.

• Farmers are still clearing trees even though salinity is a major environmental issue. This needs to be addressed through regulation and enforcement.

• Farmers are using too much water with inappropriate agricultural practices, i.e. dairy farms, veggie growers. More appropriate farming practices using less water-reliant crops should be embarked upon.

• Farming practices more appropriate to the South West need to be developed to protect the natural environment.

• Feral animals (i.e. feral pigs, exotic fish) need to be removed and destroyed to protect the environmental integrity of natural ecologies.

• Local Shires need to be held accountable to State and Commonwealth environmental legislation. At present there is only ad hoc compliance throughout the region.

• Mining companies are wasting water for dust suppression. Better mining methods should be developed that do not rely on the use of large amounts of water.

• Native flora and fauna habitat is being destroyed by agriculture. More sustainable agricultural practices need to be established in order to protect Noongar resources.

• Noongars have the expectation that lakes should have fresh potable water. Because of land clearing, salinity has affected the ability of lakes to support wildlife. Buffers between agriculture and lakes need to be established to address this issue.

• Noxious weeds need to be managed and controlled so as to not choke up waterways. Nyungars are very concerned about flow restriction.

• Nyungar people have a traditional expectation that water should be drinkable out of a river. In the past it always was; not so now due to pollution from algae blooms, fertilisers, chemical spills, animal waste (dairy industry). Polluters need to be stopped by strong environmental laws that are enforced.

• Nyungars are opposed to alteration of river courses and excavation of stream beds for development. Activities which ultimately stop or divert the flow of rivers affect the landscape and ecology. Decreased water flow does not allow wetlands to be recharged. These activities affect Aboriginal cultural practices associated with food gathering and causes spiritual problems associated with Nyungars’ traditional responsibilities for ecological protection.

• Pine and blue gum plantations use too much groundwater at the expense of the environment.

• Pollution of waterways from fertiliser/rubbish/effluent is choking up waterways and diminishing their ecological health which Aboriginal culture relies upon.

• Powerboats should be prohibited on waterways and particularly freshwater lakes (e.g. Lake Jasper) as they contribute to erosion, sedimentation and pollution.



• Recreational activities such as the Avon Descent and powerboats on Lake Dumbleyung create fuel pollution. Rubbish left by people attending these events affects the values of important cultural sites. Regulations to protect Noongar values associated with such places need to be enacted to address this issue.

• Revegetation of land is a priority and the land should be left untouched for 20 to 40 years to allow for regrowth and healing. Less land should be used for agriculture in the dry inland region’s.

• Revegetation of waterway embankments throughout agricultural land is needed to maintain water quality and the health of the system.

• Salinity is affecting the water quality of the Avon Catchment and Beverley River.

• Salinity of the waterways and upper catchments for all the region’s rivers needs to be addressed as a matter of priority.

• The damming of rivers interferes with the environmental flow of waterways which diminishes the ecological health of land downstream from dams.

• The Department of Environment and Conservation (DEC) should be using traditional fire burning practices for fire control as their burning practices place the environment at risk. DEC should consult with local Nyungars about controlled burning policies, particularly around waterways.

• There is not enough water for urban needs. Water needs to be conserved by better management practices. The removal of too much water from the river systems for urban use diminishes environmental flow and its benefits to the ecology. Urban water recycling is a priority need.

• Too much housing and industrial development on waterways affects the health of waterways. Developers should be compelled to maintain vegetation buffers around waterways.

• Vegetation buffer strips need to be increased along waterway embankments to protect water quality from agriculture practices.

• Water quality of waterways needs to be maintained in order to provide habitat for frogs, a culturally significant species and an indicator of waterway health. ‘Frogs are watchers of the world, if they are not singing out then we are not doing our job.’

• Water resources should be maintained as drinking water as opposed to wasteful practices such as swimming pools, spas, parks, gardens. ‘We can only feed people’s need, not their greed.’ Water usage for industry and agriculture should be based on sustainable principles and recycling of waste water should be a priority.

• Waterways no longer fresh for drinking due to pollution from sewerage/run off/fertilisers/chemicals from farms and businesses. Noongars have a cultural expectation that you can still get drinking water from waterways in the region.

• Weed control and management in waterways needs to be a Government Natural Resource Management (NRM) priority, as riparian vegetation is an important habitat for the food sources of aquatic species.




• Aboriginal access to waterways and places of importance such as sacred sites, birth sites, burial places and hunting areas is obstructed by government regulations and public or private ownership regulations. Consultation should be ensured when making regulations. Government should work with landowners to ensure cultural sites are protected and that access rights are provided for in law.

• Aboriginal wells on farms need to be protected. The Noongar community wants these places to be listed and protected as sites under the Aboriginal Heritage Act.

• All South West rivers need to be formally recognised as spiritual sites under the West Australian Aboriginal Heritage Act (1972), not just sites like the Collie River which has a mythical story recorded about it. Due to the history of dispossession, many mythological stories have been lost but not the sacred belief in the ‘sanctity of water’. (See previous section: Aboriginal values pertaining to Waterways, Wetlands and Estuaries)

• An agreed channel of communication needs to be set up so that a Nyungar voice will be heard and listened to with regards to water policy and land management issues in the South West. (An Aboriginal water reference committee may address this need.)

• Authorities collecting Aboriginal cultural information to assist in planning and policy development in land management issues should form agreements with Nyungar people to protect their intellectual property rights pertaining to traditional knowledge.

• Consultation protocol agreements need to be established about the reservation and protection of cultural sites around water, so that the appropriate people are consulted regarding a particular area within any native title claim. Aboriginal customary law does not allow representative decisions to be made about country. All clan Elders who own an area must be involved in decisions affecting that country. Agencies who engage in consultations with native title claim groups need to conduct research to identify the right people to engage with. Once identified, agreements about the consultation process need to be established so traditional rights are recognised.

• Currently there is no systematic approach in consulting with Noongars regarding the protection of areas that are spiritually and culturally significant, such as granite caps, campsites, ceremonial areas, massacre sites (York), gnamma holes (water sources), women’s sites (birthing places).

• Government departments and developers should understand that not all culturally significant sites are on the Aboriginal sites register at the DIA. Aboriginal customary law deems that some places must remain secret. The Aboriginal sites register at the DIA is not a complete record of culturally important sites in an area and only consultation with the appropriate Elders will guarantee compliance with the Heritage Act. Government departments should conduct research to identify the most appropriate people to consult with in regards to heritage within native title claim areas.



• Government departments concerned with the management of waterways need to recognise and understand the spiritual significance of all waterways to Nyungar people and include Nyungar people in the development of all policy initiatives pertaining to waterway management. This includes adequate consultation and recognition of the custodial rights of individuals who own the sites.

• Government departments that manage land for recreational use on significant Aboriginal cultural sites are inappropriate and show disrespect for Noongar culture. Joint management by the Noongar community would address this issue.

• Government regulations affect Nyungars’ ability to practice traditional activities such as fishing for food on a year round basis. Laws regarding Aboriginal fishing are not uniform and traditional fishing rights are broadly recognised in the northern region’s of the state, but not in the South West. This needs to be addressed.

• In order to progress reconciliation and adequately involve Nyungars in policy development and management of land, the Government needs to acknowledge what they have done in the past was wrong and say sorry for the destruction of our spiritual and cultural connection to land and water.

• Local governments need to develop consultation and engagement policies with local Noongar Elders for land management issues.

• Men’s and women’s sites and business need to be identified so that any consultation protocols established respect gender roles.

• Noongar education practices need access to places of importance such as camping sites around granites and lakes to transmit culture to the next generations.

• Noongar rights to water resources under native title have yet to be clarified and recognised. Noongars believe that royalties should be paid to their community for the use of a traditional resource from the environment.

• Nyungar people should have a final say on all cultural and spiritual aspects of managing land and water resources that affect important cultural sites; not government authorities under myriad legislation.

• Nyungar people should have broader representation on advisory groups to do with water and NRM policy and management. The concept of a Water Reference Group is supported.

• Nyungars should have naming rights for waterways. Nyungar names for South West waterways show respect for Nyungar traditional ownership and culture.

• Nyungars strongly oppose abstraction of groundwater from the Yarragadee to supplement Perth’s water supply: ‘Water should not be taken from its country and sent elsewhere, it is part of the spirituality of the land.’

• Nyungars’ legal rights to water under native title need to be recognised and these rights need to be clarified and acted upon by governments when making decisions about water policy.

• Planning authorities should recognise that the alteration of natural and traditional landscapes diminishes Aboriginal cultural values pertaining to these areas and that it will take a long time for restoration projects to restore an area



to its previous value. Natural landscapes, particularly around waterways, need to be protected from any further development pressure.

• Power boat use on the lakes (e.g. Lake Dumbleyung) is not appropriate due to its affect on wildlife, water quality and the cultural significance of these areas.

• Prohibition of access to waterways through regulation and property ownership rights needs to be addressed at a policy planning level. Nyungar people need to maintain their links with the country for the education of youth: ‘Blackboard for cultural learning and practices.’ Access issues prohibit hunting and conducting traditional customs and practices.

• Respect and recognition of Nyungar values, history and culture needs to be a part of mainstream government thinking when dealing with land management issues. Aboriginal issues in the planning process need to be given greater priority at the initiation of projects, not once planning is finalised.

• Scientific policy and planning should be done in conjunction with traditional Aboriginal knowledge as more understanding can be gained with a different cultural interpretation of land management practices. Partnerships between Elders and scientists is needed.

• Taking water from the Gnangara aquifer, which is defined by the Noongars as a sacred site, to supply Kalgoorlie is culturally inappropriate and provides no economic benefit to the Noongar community. Water resources should be harvested in their places of origin, according to Aboriginal values.

• The broader community needs to be taught respect of rivers, wetlands and estuaries in line with Nyungar values. This should be done through public education.

• The history of Aboriginal dispossession of the land needs to be made known to the broader community through education in order that the broader community can respect Aboriginal values and connection to land.

• The spiritual significance of all waterways to Noongars needs to be recognised at a policy level and adequate consultation with Noongar people needs to be conducted for planning that will affect waterways.

• The use of Noongar names for waterways should be considered at a policy level.

• There is a perceived lack of commitment by Government departments to fair and adequate consultation and recognition of Nyungars’ needs regards land and water management issues. This is seen by the Nyungar community as disrespect for Aboriginal culture.

• To protect sites of cultural heritage value, consultation protocols governing talking to local Elders need to be adopted and appropriate Aboriginal monitors need to be engaged to supervise ground-disturbing works in the vicinity of culturally significant sites.

• Too many regulations affect the Noongar community’s ability to maintain traditional cultural activities such as hunting, fishing, camping and burning country. Noongar values need to be considered when developing and implementing land management legislation.



• Traditional cultural rights for fishing are not respected, and Noongars must now seek a permit from DEC to fish in waterways and adhere to season and bag limits.

• Traditional paths of migration such as the Keip Trail are not accessible to Noongars due to private ownership issues, fencing and barriers erected to stop access.

Economic issues

• Aboriginal people consider that under native title they are the traditional owners of water resources and believe that compensation should be paid for the dispossession of this resource and that royalties should be paid by the State to the traditional owners for ongoing use. It was suggested that these royalties could be paid into community trusts to fund scholarships and employment for local Aboriginal communities.

• As traditional owners of the land and waters, Nyungar people should not be paying water rates. They believe the broader community should pay royalties to native title claimants for the use of a traditional resource.

• Employment of Nyungar people across Government departments that manage land and water would assist in bringing Aboriginal values into mainstream management plans and practices.

• Government departments need to provide employment and traineeship opportunities with defined career paths within Natural Resource Management areas in order to take advantage of Aboriginal cultural values and land management skills.

• Government should assist the Nyungar community to create business enterprise opportunities in Natural Resource Management activities and eco-tourism in order to protect waterways as an economic asset. Legislation needs to be enacted to assist these enterprises secure access to waterways for this purpose.

• Inappropriate agricultural and horticultural practices are wasting water and degrading the land. More appropriate crops and farming methods in line with Aboriginal values would address this problem. Government should fund research into this issue and build the capacity within the Nyungar community for the development of Indigenous enterprises that will embrace these values and bring the agriculture industry closer to sustainability.

• Nyungar communities want joint management over waterways with the government departments that currently manage them.

• Nyungar people believe that joint tenure and ownership of water resources is needed in order that Nyungar people can co-manage and set policy directives as equal partners in the system. ‘Once we have ownership of assets then we have bargaining power.’

• Nyungar people should be given employment opportunities in Water Departments for permanent jobs, not just traineeships that do not lead to career paths.

• Nyungars as traditional owners resent having to pay National Park camping fees to visit camping areas around waterways (e.g. Collie River).



• Private water storage tanks on properties should be a priority of Government water planning to reduce domestic demand on a scarce resource, leaving more water in the environment. Nyungar communities believe government should financially assist people to provide their own water by subsidising tanks.

• There is too much demand for urban water. The water shortage in Perth should be resolved in Perth by better water management practices, e.g. installation of water tanks; subsidise grey water re-use; save water. There is no economic benefit to the Noongar community in abstracting water from south-west aquifers and pumping it to Perth.

• Too many government agencies are making decisions about water usage, allocation, management and access. At present the Aboriginal community only participates in this process as a community interest group through consultation. Nyungars believe this puts Nyungar values at the bottom of the hierarchy of the planning process and that this situation should be addressed through co-management arrangements. ‘Nyungars are currently on the bottom of the pyramid, which needs to be reversed. Nyungars need to be first.’

• Water management needs to develop best practices in order not to waste water. Water should be used on a sustainable basis: ‘Only take what you need, not what you can.’

• Water management policy needs to set limits on industry for water use based on sustainability principles: ‘Capping of water use and limits on commercial use should be subject to rainfall.’

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