mulan lp2 draft version 5 report - planning.wa.gov.au

Background Report

Mulan Layout Plan 2

Ratified Draft Version Control:Version 1 - June 2009 Version 2 - November 2009Version 3 - March 2010Version 4 - April 2013Version 5 - August 2013

_________________________________________________________________________________________________________Mulan Community Layout Plan No. 2 - draft v5

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CONTENTS CONTENTS .................................................................................................................................... B CONTACTS & CONSULTATION ..................................................................................................... i EXECUTIVE SUMMARY ................................................................................................................ ii 1. BACKGROUND ..................................................................................................................... 1

Location ............................................................................................................................ 1 Climate ............................................................................................................................. 2 History .............................................................................................................................. 3 Governance ...................................................................................................................... 3

2. EXISTING SITUATION .......................................................................................................... 4 Land Tenure ..................................................................................................................... 4 Culture .............................................................................................................................. 5 Native Title ........................................................................................................................ 6 Heritage ............................................................................................................................ 8 Access & Dedicated Roads............................................................................................... 8 Population ......................................................................................................................... 9 Housing .......................................................................................................................... 11 Stormwater Drainage ...................................................................................................... 12 Road Layout ................................................................................................................... 12 Community and Social Services ..................................................................................... 13 Electricity Supply ............................................................................................................ 14 Wastewater ..................................................................................................................... 15 Water Supply .................................................................................................................. 16 Rubbish Disposal ............................................................................................................ 16 Airstrip ............................................................................................................................ 17 Culturally Sensitive Areas ............................................................................................... 17 Stockyards ...................................................................................................................... 17 Garden ........................................................................................................................... 17 Outstations ..................................................................................................................... 17

3. PLANNING FRAMEWORK .................................................................................................. 19 State Planning Policies ................................................................................................... 19 Exclusion Boundaries ..................................................................................................... 19 Shire of Halls Creek Town Planning Scheme No. 1 ........................................................ 19 Shire of Halls Creek Local Planning Strategy .................................................................. 19

4. COMMUNITY ASPIRATIONS .............................................................................................. 20 5. DEVELOPMENT PROJECTS & REQUIRED IMPROVEMENTS ............................................. 21

Design Summary ............................................................................................................ 21 Relocation of Power Station ............................................................................................ 22 Housing .......................................................................................................................... 23 Aged Persons Accommodation ....................................................................................... 24 Road Layout ................................................................................................................... 24 Stormwater Drainage ...................................................................................................... 24 Relocation of Stockyards ................................................................................................ 25 Landscaping Buffer ......................................................................................................... 25 No-go Area ..................................................................................................................... 25 Garden ........................................................................................................................... 25 Community Meeting Place .............................................................................................. 25 Recommended Community Living Area .......................................................................... 25

6. ENDORSEMENTS ............................................................................................................... 27 7. CONSULTATION SUMMARY .............................................................................................. bb


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CONTACTS & CONSULTATION Community Contacts Corporation Mulan Aboriginal Corporation

Chairperson Cyril Calyon

CEO Margaret Jacobsen

Telephone 9168 8939

Fax 9168 8984

Email [email protected]

Postal Address

PMB 14 Mulan Community Via HALLS CREEK WA 6770


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EXECUTIVE SUMMARY Preamble

The Mulan Community Layout Plan No. 2 has been prepared over a three year period between 2007 and 2009. It replaces the draft Mulan Community Layout Plan No. 1 (2006). The Mulan Aboriginal Corporation leases a 96ha Crown Reserve which is held by the Aboriginal Lands Trust. Mulan is an established community and already features much of the infrastructure and housing stock that a community of its size generally requires. The main priorities for development over the 15-year timeframe of the CLP are the provision of a new drinking water supply, protection of the groundwater resource, relocation of the power station and the rubbish tip, provision of housing, and defining and sealing the road network.

The major purpose of the CLP is to guide the growth and development of Mulan by providing a layout of future land uses in the community. The CLP has been prepared in close consultation with the Mulan Aboriginal Corporation, to ensure that the plan reflects the community's aspirations. Technical input from a number of government and non-government agencies responsible for providing services and infrastructure to the community has also been incorporated into the plan and this report. This Community Layout Plan outlines a clear and straightforward way for Mulan to grow in a safe and efficient manner.


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Development at Mulan This Community Layout Plan includes the following development and works.

Within the next year 1. Road numbering / naming system. 2. Lot numbering system. 3. Construct deviation road and install barriers to redirect traffic away from northern

residences. 4. Convert building opposite office/store into community meeting place. 5. Preparation of a groundwater source protection and management plan, incorporating

a Public Drinking Water Source Area, in accordance with State Planning Policy 2.7. 6. Investigate suitability of constructing diversion drains along the track to the airstrip to

address stormwater drainage issues. Within the next 5 years

1. Seal the road network. 2. Commission Bore M1/04 as the operational bore providing drinking water to the

community. 3. Relocate the rubbish tip to a site further removed from sensitive land uses. 4. Relocate power station to new location. 5. Construct serviced houses on vacant lots within existing residential area to cater for

community needs. 6. Construct dedicated aged care accommodation. 7. Adjust boundary between Lot 8 and Lot 16 to ensure that all community

infrastructure is located on land with secure and appropriate tenure. 8. Relocate stockyards away from main community living area. 9. Upgrade airstrip to Royal Flying Doctor Service minimum standard.

Within the next 10 years 1. Construct serviced house lots in future residential area to meet the ongoing needs of

the community as the population grows. 2. Provide an underground power network. 3. New commercial enterprises.


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1. BACKGROUND Location Mulan is located approximately 210km (310km by road) south of the Halls Creek townsite. The community is 42km west of Balgo (Wirrimanu), the largest remote Aboriginal community within the Tjurabalan region. Mulan is located between two major deserts, being on the northern edge of the Great Sandy Desert and the western edge of the Tanami Desert. The landform is comprised of large areas of red sand plains, scrub vegetation and a few scattered hills. Vegetation species are predominantly comprised of Spinifex and native grasses, with shrubs and eucalyptus trees being found where there is water. The dominant watercourse in the area is Lake Gregory (Paruku). The lake is fed by Sturt Creek and acts as a drainage basin for stormwater runoff from the extensive plains to the north, west and east. The surrounding area is typically flat with gradients between 1:200 and 1:400. The soil type is predominantly a mix of pindan red sand/clay, although there are also areas of reactive 'black soil' clays on the outskirts of the community living area. There are a number of rock outcrops located throughout the community and a rocky ridge to the north of the main living area.


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Climate Mulan has a tropical semi-arid climate due to its location between the wetter northern regions of the Kimberley and the arid regions to the south and east. The Bureau of Meteorology classifies the community as falling within the 'Summer Dominant' rainfall zone, and the 'Warm Humid Summer' temperature and humidity climate zone. Such areas are commonly described as having two distinct seasons: the "wet" season, usually from December to March when approximately 80% of the annual rain falls, and the "dry" season in the remaining months. Climate data from the Bureau of Meteorology is not available for Mulan. The nearest location with recorded climate data is Balgo Hills, approximately 40km to the east of Mulan. The following graphs depict the recorded annual mean maximum temperature and rainfall for the Balgo Hills location (sourced from the Bureau of Meteorology).

Figure 2 - Mean Maximum Temperature. Figure 3 - Mean Rainfall.

Bureau of Meteorology data for the Balgo Hills location establishes that prevailing winds are from the east, with 30% of winds at 3pm coming from that direction and 15% of winds coming from the southeast. Further climatic information can be found in Appendix 1.


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History The establishment of Mulan can generally be seen as part of the broader ‘Homelands’ movement that began in Western Australia in the late 1970s, which saw the permanent return to traditional country of Aboriginal peoples who had previously migrated to government institutions, missions, ration stations, pastoral stations and town camps. Mulan was established as a permanent Aboriginal community in the late 1970s by Walmajarri people moving away from the Balgo mission to the Lake Gregory Pastoral Station, near the shores of Lake Gregory. A major factor behind this was the transfer of the pastoral station from Lake Gregory Pty Ltd to the Aboriginal Lands Trust in 1978. The community became incorporated in 1979 and the first houses and school were constructed in the same year. In 1985, Crown Reserve 39102 was excised from the pastoral lease and vested to the ALT for the “use and benefit of Aboriginal inhabitants’, with the Reserve being formally leased to Mulan Aboriginal Corporation the following year. An understanding of the broader historico-cultural, political and legal landscape of Mulan, in addition to its physical location, is important if the CLP is to appropriately reflect the aspirations of present and future generations.

Governance The community is managed through its incorporated body, the Mulan Aboriginal Corporation (MAC). The MAC was incorporated under the Aboriginal Councils and Associations Act 1976 on 12 December 1979. Community members elect a Community Council each year made up of 5 to 10 people. A Chairperson is elected at the Council's Annual General Meeting. The Council meets once every month, excluding Special Meetings. In May 2005, a Mulan community representative and former Community Council Chairperson, Julieanne Johns, was elected as a Councillor for the Shire of Halls Creek, representing the South Ward. Documents for the Mulan Aboriginal Corporation can be found on the website for the Office of the Register of Indigenous Corporations (www.oric.gov.au).

http://www.oric.gov.au/


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2. EXISTING SITUATION Land Tenure The plan below depicts the land tenure situation at Mulan.

Figure 4- Land tenure at Mulan and surrounds.

Mulan is predominantly located on the 96.1ha Crown Reserve 39102 (Lot 8), which is vested to the Aboriginal Lands Trust (ALT) for “the use and benefit of Aboriginal inhabitants”, with the power to lease the whole reserve or any portion for any term. The Mulan Aboriginal Corporation has a lease over the reserve until 30 November 2085. Crown Reserve 39102 is surrounded by a 255,237ha leasehold Crown Land Title (Lot 16). The ALT is the primary interest holder for this title, which was formerly the Lake Gregory Pastoral Station. The leasehold land parcel was transferred to the ALT in 1978, and Lot 8 was excised in 1985 to provide a community living area for Mulan. A summary of the details for the two Crown Land Titles follows:


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The main community living area is located on Crown Reserve 39102, which is considered to be a secure and appropriate form of tenure for a remote Aboriginal community. However, essential community infrastructure including the bores, cemetery, rubbish tip, airstrip and part of the sewage treatment ponds are located outside the boundaries of Crown Reserve 39102 on leasehold land, which is an inappropriate form of tenure for infrastructure associated with an Aboriginal community located on a Reserve under management order (as is the case with Mulan). Ideally an Aboriginal community and its associated infrastructure should be located on one or more land titles, with secure and appropriate tenure, that match existing and proposed development. Section 5 of this report addresses this matter, recommending a community living area which encompasses the main living area and all associated infrastructure on a single land title with secure and appropriate tenure. The Record of Certificate for these two Crown Land Titles is included in Appendix 2. Culture The Mulan community is comprised of people from a number of language/cultural groups. The majority of community members are from the Walmajarri group, with other members from the Jaru and Kukatja groups. The Census conducted by the Australian Bureau of Statistics in 2001 established that 93.3% of Indigenous people in Mulan speak an Australian Aboriginal or Torres Straight Islander language. Most community members also speak English and/or Kriol. The 2001 Census also established that approximately 10% of community members in Mulan identify themselves as having traditional Australian Aboriginal religious beliefs. Ceremonial and cultural practices take place inside both the community and beyond and the community has advised of the presence of an Aboriginal law site to the south east of the main living area.

Crown Land Title Details LR3126/115 LR3010/752 Lot Details Lot 8 on Deposited Plan 186640 Lot 16 on Deposited Plan 194368 Alternative Identifier Balwina Location 8 Balwina Location 16 Status Order / Interest Reserve under management order Leasehold Primary Interest Holder Aboriginal Lands Trust Aboriginal Lands Trust Area 96.1ha 255,237ha

Limitations/Interests/ Encumbrances/Notifications

i) Reserve 39102 for the purposes of use and benefit of Aboriginal inhabitants ii) Lease to Mulan Aboriginal Corporation.

i) Pastoral Lease CL118/1977


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Native Title Background to Native Title in Australia The Native Title Act 1993 (NTA) enshrines in legislation the historic High Court Mabo decision, in which it was determined that the common law of Australia recognises the rights and interests in country of Indigenous Australians where those rights and interests have been substantially maintained since the time of Britain’s assertion of sovereignty over Australia. Native title is defined by section 223 of the NTA as: "the communal, group or individual rights and interests of Aboriginal people or Torres Strait Islanders in relation to land or waters where: the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal people or Torres Strait islanders; and b) the Aboriginal people or Tortes Strait Islanders, by those laws and customs, have a connection with the land and waters; and c) the rights and interests are recognised by the common law of Australia." Native title is therefore not a form of land tenure, such as an estate in fee simple, but is the recognition of pre-existing rights and interests in country. Under the NTA, registered native title claimants and registered native title bodies corporate (often referred to as PBCs) are entitled to the right to negotiate regarding future acts which may affect native title rights and interests. Procedures for negotiation can either be in accordance with Subdivision J of the NTA or in accordance with procedures agreed by both parties in the form of an Indigenous Land Use Agreement (ILUA). Examples of future acts which may affect native title rights and interests include mining exploration or the construction of public works (such as public housing). Native title rights and interests are also variously affected by different forms of land tenure. For example, native title rights and interests are generally extinguished by valid grants of freehold tenure (see Division 2B of the NTA and also Ward and Lawson decisions) while native title may co-exist with pastoral leases, but if there is any inconsistency between the two then pastoral interests are likely to prevail (see Wik decision). More information about native title can be obtained from the National Native Title Tribunal. Native Title and Mulan The Native Title Act 1993 provides for the recognition and protection of Aboriginal and Torres Strait Islander people’s native title rights and interests. The Act provides a process to determine whether native title exists and protects the existing rights of governments, industry and the general public. The Act also provides ways to negotiate and enter into agreements regarding future public works and business activity on land or waters where native title rights and interests are affected. Certain government actions, such as grants of freehold or other exclusive tenures to other parties, have been found to extinguish native title. Claims for native title cannot be made

http://www.nntt.gov.au/What-Is-Native-Title/Pages/default.aspx


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over areas where native title has been extinguished, such as land held in freehold or exclusive tenure in developed areas. The Tjurabalan People gained legal recognition of their native title rights over approximately 26,000km² of land near the Western Australia/Northern Territory border on 20 August 2001 (Ngalpil v Western Australia [2001] FCA 1140). The consent determination found that native title exists in the Determination Area and is held communally by the Tjurabalan People. The Tjurabalan People, recognised as the common law holders over the subject land, are those people who hold in common the body of traditional law and culture governing the Determination Area and who are members of the Walmajarri, Jaru or Nyininy language groups. Crown Reserve 39102 and Pastoral Lease No. 3114/1106 (Lake Gregory station) are located within the Determination Area (see Figure 5). As these titles are held in trust for at lease some of the holders of the native title and are reserved expressly for the benefit of Aboriginal peoples, it was established that any prior extinguishment of the native title rights which may have occurred is disregarded.

Figure 5- Tjurabalan Native Title Determination Area (supplied by Landgate). Under the terms of the consent determination, the Tjurabalan People hold non-exclusive native title rights over the land and waters in the Determination Area. The nature and extent of these rights are the right to possess, occupy, use and enjoy the land and waters of the Determination Area, including:

(a) the right to live on the Determination Area;


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(b) the right to make decisions about the use and enjoyment of the Determination Area;

(c) the right to hunt and gather, and to take water and other traditionally accessed resources (including ochre) for the purpose of satisfying their personal, domestic, social, cultural, religious, spiritual and communal needs;

(d) the right to control access to, and activities conducted by others on, the land and waters of the Determination Area;

(e) the right to maintain and protect sites which are of significance to the common law holders under their traditional laws and customs; and

(f) the right as against any other Aboriginal group or individual to be acknowledged as the traditional Aboriginal owners of the Determination Area.

The Tjurabalan Native Title Lands (Aboriginal Corporation) is the prescribed body corporate that holds the native title rights on trust on behalf of the Tjurabalan native title holders. The native title representative body is Central Desert Native Title Services. A copy of the determination can be found at the following website: http://www.austlii.edu.au/au/cases/cth/federal_ct/2001/1140.html Heritage As of June 2009, the community living area of Mulan does not contain any sites on the Register of Aboriginal Sites for Western Australia. However, there are a number of sites within the community that have spiritual and cultural significance and which should be given consideration in the planning process. The hill in the middle of the community living area holds spiritual significance. The community has also advised of a "no go" area to the south east of the main living area. It is understood that the "no go" area encompasses a law site, including an A-frame shelter. In terms of formally identified sites on the Register of Aboriginal Sites for Western Australia, the nearest registered site is Mallan/Lake Gregory (Site ID 17563). This is a mythological site located approximately 5km south west of the main community living area which encompasses most of the Lake Gregory/Paraku wetland area. There are a number of other registered sites proximate to Mulan. These are shown in Appendix 3. Traditional Owners should be consulted with as part of standard heritage clearances under the Aboriginal Heritage Act 1972, prior to the commencement of any housing or infrastructure development at the community. It is beyond the scope of this CLP to identify the relevant traditional owners for such consultation. Government agencies should contact Central Desert Native Title Services in this regard.

Access & Dedicated Roads The Tanami Road provides vehicular access to Mulan from Halls Creek (310km) or Alice Springs (740km). The Aboriginal community of Yuendumu in the Northern Territory is 510km away by road. The Tanami Road is formed from compacted earth and is periodically maintained by the Shire of Halls Creek and local mining companies. The road can be unpassable at certain sections (such as at the Sturt Creek crossing) for periods of up to 3 months during the west season.

http://www.austlii.edu.au/au/cases/cth/federal_ct/2001/1140.html


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Mulan can be accessed from the Tanami Road by a number of routes. The most reliable way to access the community is by Balgo Mission Road, which runs from the Tanami Road to Mulan via the community of Balgo (approximately 80km in total). Another track connects Mulan directly with the Tanami Road, however this track is less defined and is believed to be unpassable for long periods of the year. There is also a track that runs between Mulan and Mindibungu and which is estimated to reduce the overall trip to Halls Creek by approximately 70km compared to the other two routes, although this track is almost entirely unconstructed and only used by people with local knowledge. At present there is no public transport servicing the Tanami Desert communities in the Shire of Halls Creek. A bus and freight service has been proposed for many years but is yet to commence. The mail plane visits the community once a week from Kununurra and Halls Creek. The airstrip at Mulan has been upgraded and allows for the Royal Flying Doctor service. People from Mulan travel to the Halls Creek townsite using private vehicles, community vehicles or the mail plane. Population Current Population Estimating and predicting populations in Aboriginal communities is difficult because Aboriginal people tend to be mobile in terms of housing and living arrangements. Populations can increase and decrease quite rapidly based on family, cultural or administrative factors. The community members of Mulan have close affiliations with other settlements in the region and there are regular movements of people between Mulan and the following centres: - Balgo - Billiluna - Halls Creek - Fitzroy Crossing - Yuendumu - Alice Springs. Current population levels can be estimated from a range of sources, including Census Data from the Australian Bureau of Statistics and the Environmental Health Needs Survey undertaken by the Department of Indigenous Affairs. A summary of recent population data from these two sources follows:


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Population of Mulan 2001 2004 2006

Total persons 168 150 114

Indigenous people 149 99

Indigenous males 79 51

Indigenous females 70 48

Source Census EHNS Census While the Census of Population and Housing run by the Australian Bureau of Statistics makes its best attempt to count everyone, there are always people who are not counted. In 2006 this net undercount was very large for Indigenous people in WA. The ABS has published the results of two models which attempt to give an idea of how big the net undercount is. The estimate which uses an extrapolation of data solely from WA suggests a 95% probability that the net undercount is somewhere between 13.1% and 35.1%. In contrast, a model which uses data from elsewhere in Australia suggests the range is 10.2% to 22.9%. The ABS has accepted that the lack of a large sample in WA means it is impossible to know what the true net undercount is. Advice from the State demographer suggests that it is probable that some areas will have a very large undercount. In practical terms, this means that, where the actual population of a community is 100 usual Indigenous residents, the Census may have counted anywhere between 65- 90 Indigenous residents. The undercount issue may explain the significant decrease in population recorded by the 2006 Census. In addition to the above, a key source of population data is from the community itself. The community has advised that the permanent population of Mulan is between 140 and 160 people. Based on the above, this report assumes that the current (2009) Mulan resident population is approximately 140 people, excluding staff temporarily living in the community. Design Population In determining a design population for the community layout plan, the demographics of Mulan should be seen within the broader context of population change within the Shire of Halls Creek. The Shire of Halls Creek Local Planning Strategy (2006) states that the Shire was the second fastest growing local government in Western Australia (behind the City of Perth) over the years 1996-2001 with an average annual growth rate of 6.2% per annum. However, from 2001 to 2006 there was a decline in both the total population of the Shire (4072 to 3136) and the Indigenous population of the Shire (2906 to 2480). It is apparent that population projections for the Shire of Halls Creek are using a low baseline figure and are therefore considered unreliable for the purposes of determining a design population for Mulan. The statistical data from the Census and EHNS suggests that the population of Mulan has experienced a moderate rate of decline over the past 10 years. However the community


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itself has advised that the population has stabilised in recent years and a slow growth rate is expected for the medium term. The growth rate that underpins the design population is primarily based on the community's growth expectations as well as a conservative interpretation of the growth rate of the wider Kimberley region (5% annual growth). It does not take into consideration the potential impact of external factors (such as the increasing cost of energy, climate change etc) on the population of remote Aboriginal communities such as Mulan. Based on a current population of 140 and an annual growth rate of 2%, five-yearly population projections for Mulan are as follows: 152 residents after 5 years (2014), 167 residents after 10 years (2019) and 185 residents after 15 years (2024). Accordingly, the design population used by this report is 185 people, excluding staff temporarily living in the community. Housing The Department of Housing and Works undertook a Housing Needs Evaluation Survey in late 2008 in order to determine a works program to meet the future housing needs for Mulan. The survey focused solely on housing for community residents, and did not include housing for community staff (such as teachers, school principal, nurses, administrators etc). A brief summary of the results follows: Habitable dwellings: Lots 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 24, 25, 26, 30, 31, 35, 37, 66, 77, 78, 79, 80, 82, 84, 86, 89. (A total of 35) Uninhabitable dwellings: Lots 5 (demolished), 9 (demolished), 27 (burnt out), 29 (not currently inhabited and damage to be assessed). Breakdown of habitable dwellings by number of rooms: - 2 houses with 1 bedroom - 14 houses with 2 bedrooms - 17 houses with 3 bedrooms - 1 house with 4 bedrooms - (one unknown). Based on a population of 140 spread out over 35 habitable dwellings (with a combined total of 85 bedrooms), there is an average of 4 people per dwelling or approximately 1.6 people per bedroom. This would indicate that overcrowding is not a major issue at the community. However, if the population of the community is to grow by up to 45 people over a 15 year time frame, additional housing will need to be provided on an ongoing basis to ensure that the density of habitation remains appropriate.


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Figure 6- A house in Mulan. Stormwater Drainage There is no formal stormwater drainage system in Mulan. The semi constructed roads act as informal swales and open drains that convey stormwater towards Lake Gregory. Section 5 of this report notes that any future defining or upgrading of the road network should include the construction of drainage infrastructure to formalise this existing drainage system. The community has indicated that stormwater runoff from the airstrip is diverted to the community via the access road, resulting in localised pooling in the southern portion of the main living area and damage to community infrastructure. Road Layout The internal road layout in Mulan is comprised of a number of semi-constructed roads and informal tracks. The semi-constructed roads generally have a gravel surface and are periodically compacted, although they lack kerbing and formal drainage. The majority of houses and community infrastructure are serviced by roads of this standard. Numerous informal tracks have also been formed by vehicles driving off these road alignments. All roads/tracks in the community are unsealed, which has resulted in dust related health issues. This plan identifies the priority roads for sealing should funding for road upgrades become available in the future. The track leading to the cemetery/Mindibungu is not clearly defined around the northern portion of the community living area, due to the particularly loose surface conditions in that section. As a result, vehicles travelling along this road (often at high speed) can pass within 10m of the houses. This poses a safety hazard as well as a health issue due to the generation of dust.


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The community has expressed a desire to name the internal roads in the community in the future. Community and Social Services The following community facilities and social services are located in Mulan: Store The Mulan Community Store provides the community with some basic goods. The community was provided with fuel bowsers, operated through the store, as part of the 'Shared Responsibility Agreement' with the Commonwealth Government.

Figure 6 (Left) - Mulan Community Store. Figure 7 (Right) - John Pujajangka-Piyirn Catholic

Primary School. Future Arts Centre An arts centre is located directly north of the clinic. School The John Pujajangka-Piyirn Catholic Primary School is located in the middle of the community. The school caters for kindergarten aged children up to Year 10 students. The Catholic Education Office has advised that there are no immediate plans to expand the existing school. Office The community office is located next to the store in the central part of the community. All administrative matters and council meetings occur in the office. Clinic A health clinic is located near the centre of the community. The clinic is operated by the Kimberley Aboriginal Medical Services Council (KAMSC). A doctor is available to the community every second week, and nurses are permanently stationed at the community. KAMSC confirmed that there are no immediate plans to extend the existing clinic facility. Women's Centre A women's centre is located to the south of the community in the "no go" area.


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Workshop A community workshop is located at the entrance to the community on the Balgo access road. CDEP equipment is kept in the building along with a cement mixer and two tip trucks. The workshop is used for the repair and maintenance of vehicles and equipment.

Figure 8 - Workshop. Figure 9 - Recreation Centre. Recreation Centre A large, undercover recreation centre is located near the centre of the community. In 2009 the community completed the renovation and extension of this building into a multi-purpose centre to accommodate such uses as a youth centre, a performing area and/or undercover recreation activities. Oval An ungrassed oval is located between the community living area and the sewage ponds. An underground water reticulation system has recently been extended to the oval. A basketball court is located in close proximity to the oval. Electricity Supply The community is provided with electricity by a diesel operated power generator located in the south of the community living area. The power station is adequate for the community's current needs, but is old and reaching its output capacity. Above ground power reticulation consists of two three phase low voltage feeders. There are no high voltage powerlines. In the southern part of the community the above ground power lines generally follow road alignments, whereas in northern parts the power lines are less aligned with the road layout. The draft Planning for Aboriginal Communities Project Guideline No. 3 - Land Use Buffers for Aboriginal Communities in Western Australia (draft Guideline No. 3) recommends that a 200m generic buffer be provided from power stations to residential areas. In the case of Mulan, approximately half of the community's houses are located within this buffer area, with the closest house being 50m away. This has the potential to significantly reduce residential amenity and negatively impact on public health through exposure to excessive noise levels and exhaust plumes. Another issue associated with the location of the current power generator is the need for the fuel truck to pass through the centre of the community en route to the power station.


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The community have been engaged in ongoing discussion with the Kimberley Regional Service Providers regarding the provision of a new power station. Section 5 of this report recommends a location for such a facility.

Figure 10 - Power Station. Wastewater Mulan has a reticulated, gravity based deep sewerage system. Wastewater is disposed into evaporative sewage treatment ponds located approximately 500m southwest of the community centre. Two pumping stations are located in the north western and south western parts of the community to collect and discharge effluent into the system. Reticulation needs to be extended to new residences in the northern portion of the community. Draft Guideline No. 3 recommends that a 500m generic buffer be provided for wastewater treatment ponds. In the case of Mulan, there are 14 existing residences located within 500m of the treatment ponds, although the potential impact of odour emissions is mitigated by the fact that prevailing winds are from the east. Maintaining a suitable buffer from the sewage treatment ponds generally constrains the community from expanding in a westerly direction. The ponds are suitably separated from the community’s drinking water supply. The treatment ponds are located on low lying land which appears to be subject to temporary pooling following major rain events. The community has constructed levee banks around the ponds to prevent their contents from overflowing and spilling into pooled stormwater after heavy rains. The cadastral boundary between Crown Reserve 39102 and the surrounding Crown Land Title runs through the sewage treatment ponds.


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Water Supply The community obtains its drinking water from a bore (designated Bore 1/96) located approximately 800m east of the community store, outside Crown Reserve 39102. Water from this bore is pumped to the water tank in the centre of the main living area, and is then distributed throughout the community by a combination of gravity and pumps. In addition, there are two bores within the main living area, one of which is used to supplement the main production bore with the other being used for irrigation purposes. The quality of the drinking water at Mulan was investigated as part of ATSIC Project W0302. This investigation found that elevated salinity levels and biological organisms had been detected at times in water from bores at the community. The report recommended the drilling of a potable supply production bore to the east of the community, where groundwater salinity may be lower and the distance to potential contamination sources is increased. (Global Groundwater 2005) Subsequently, Global Groundwater Pty Ltd was engaged to design and undertake an exploration program at Mulan and to carry out test pumping of a production bore if drilling was successful. A new production bore (designated Bore M1/04) was drilled and constructed in November 2004. Bore M1/04 is located approximately 3.1km east of the community store and 2.3km east of Bore 1/96, outside Crown Reserve 39102. The results of this test drilling were detailed in the Mulan Community 2004 Drilling: Bore Completion Report prepared by Global Groundwater in 2005. The key findings were as follows:

• Drilling results suggest that the aquifer intersected by the bore is a regional aquifer rather than a localised fractured rock aquifer.

• The bore produces groundwater with tested chemical, physical and biological parameters within the National Health and Medical Research Council’s (NHMRC) guidelines for drinking water dated 1996. (NB. These guidelines have subsequently been replaced by the NHRMC’s Australian Drinking Water Guidelines [2004]).

• Water from the bore did not meet the NHRMC 1996 guidelines set for aesthetic reasons due to elevated levels of sodium, chloride and hardness. This may not pose a direct threat to health, but may reduce palatability of the water and cause difficulties with distribution systems through encrustation of pipes and fittings. (Global Groundwater 2005)

The report concluded by stating that: “It is likely that Bore M1/04 will be able to provide adequate water for potable supply at Mulan and emergency supplies could be obtained from Bore 1/96 should Bore M1/04 fail unexpectedly. If additional resources are required, groundwater potential does not appear to be site specific in the area and future drilling targeting the same aquifer may be able to be undertaken over a wide area to the east of Mulan with good chance of success.” (Global Groundwater 2005:14). The current power supply does not extend to Bore M1/04. Draft Guideline No. 3 recommends a 500m buffer for groundwater drinking water sources. Rubbish Disposal A solid waste disposal facility is located about 1.5km northeast of the community store, outside Crown Reserve 39102. The facility is fenced and the existing pit is uncovered. The community undertakes rubbish collection and operates the facility. There can be problems


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at times if the equipment required to run the facility is not operational, and the access road to the tip can become boggy after rains. Draft Guideline No. 3 recommends a generic buffer of 2000m for rubbish tips. The current tip is approximately 1.2km from Bore 1/96, and is therefore at risk of irreversibly contaminating the community’s drinking water supply through the release of plumes of pollution into the aquifer. All other community infrastructure is located within the 2km buffer area. Airstrip The airstrip is located approximately 2km east of the community living area, outside Crown Reserve 39102. It can be accessed from the Balgo access road and from a separate track connecting to the southern portion of the community. The airstrip was upgraded in 2000 as part of the Regional Airports Development Scheme (RADS). The upgrade included installation of airport lighting, apron lighting and a windsock. The airstrip is categorised as a Code 3 airstrip. Culturally Sensitive Areas The Mulan Aboriginal Corporation has identified land to the south of the community living area as being culturally sensitive and where access is generally restricted. On 26 April 2012 an Aboriginal Heritage Survey (AHS) was undertaken at Mulan by representatives selected by the Tjurabalan Native Tile Group in partnership with the Kimberley Land Council. The AHS was requested by the Department of Housing to identify any heritage issues that may arise with respect to the development of land identified as SL-lots on the draft Mulan LP2. That AHS recommends changes to this draft Layout Plan. Namely: new and redefined no-go exclusion boundaries around and within the community and to identify area that are not suitable for development. The no-go exclusion boundaries shown on the draft LP2 map-set are in accorandance with e recommendations of the April 2012 AHSR. Stockyards Stockyards previously used as part of the Lake Gregory pastoral station are located within the community living area, opposite the school. The community has indicated that on average the stockyards are used once a year. The community has expressed a desire to relocate the stockyards for safety and practicality. Garden The community has established a garden approximately 1400m north of the community office, to provide an additional source of fresh food to community members. Outstations Outstations are small settlements that rely on a nearby larger community for a range of services. They generally have less than 50 permanent residents. There are 3 outstations with a direct relationship with the Mulan community. They are:


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• Idibugarr - unknown distance north of Mulan; • Gilungarra - 12km north of Mulan; and • Jaliyrr - 80km south of Mulan.


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3. PLANNING FRAMEWORK State Planning Policies State Planning Policies (SPPs) are prepared and adopted by the WAPC under statutory procedures set out in section 26 of the Planning and Development Act 2005. The WAPC and local governments must have 'due regard' to the provisions of State Planning Policies when preparing or amending town planning schemes and when making decisions on planning matters. The State Administrative Tribunal is also required to take account of SPPs when determining appeals. The following SPPs were given due regard in the preparation of CLP No.3:

• SPP 3 - Urban Growth and Management;

• SPP 3.2 - Planning for Aboriginal Communities; and

• SPP 2.7 - Public Drinking Water Source Exclusion Boundaries Guideline 3. Shire of Halls Creek Town Planning Scheme No. 1 The Shire of Halls Creek Town Planning Scheme No. 1 was gazetted on 5 April 1991. Mulan is not located within the area covered by the Scheme Map, meaning that land use and development in the community has historically been unregulated. Under the Scheme, Planning Approval is not required prior to new development or a change in land use, although a Building Licence is generally required. Shire of Halls Creek Local Planning Strategy The Shire of Halls Creek Local Planning Strategy (adopted by the Shire in May 2006 and endorsed by the Commission in June 2006) provides a vision for the growth and development of the Shire over a 10-15 year time frame. The Strategy acknowledges the Community Layout Plans that have been produced for large permanent communities within the Shire. The Strategy also acknowledges that the Shire does not have the capacity to regulate provisions contained in the plans, however the incorporation of CLPs into the town planning scheme by expanding the scheme area to incorporate the community areas and appropriately zoning/reserving the land would provide this regulatory capacity.


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4. COMMUNITY ASPIRATIONS Providing a sufficient standard of living for the current population of Mulan and future residents is dependent on maintaining and improving the existing facilities and making sure that there is the right mix of housing and other uses. There is an understanding that development of Mulan is something that has taken time, and will happen over many years. The ideas for improvements to the facilities noted by the Mulan Aboriginal Corporation when developing Community Layout Plan No. 2 are listed below. Not all of these aspirations can be incorporated into a CLP, but have been noted as a record of a more general community improvement plan.

1. Relocate the power station to a site outside of the community living area; 2. Address the drainage problem at the south of the community to reduce damage to

community infrastructure. 3. Delineate and seal roads to address health, dust and drainage issues. 4. Incorporate existing tracks into formalised road layout. 5. Road numbering/naming system. 6. Provide a range of lot sizes that cater for a variety of accommodation, from

pensioner units to family houses. 7. Provide a central community and commercial area to incorporate the community

and office and shop and a renovated and extended multi purpose building (including the indoor basketball court, youth centre, arts centre, performing area, child care, kitchen, recreation, offices and possibly a laundry).

8. Move the stockyards out of the community living area for safety and practicality. 9. Establish a landscape buffer around the community to minimise the impact of wind-

borne dust. 10. Redirect traffic heading to and from the cemetery/Mindibungu away from the

northern residences via a deviation road.


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5. DEVELOPMENT PROJECTS & REQUIRED IMPROVEMENTS Design Summary The future plans for Mulan are based on visits to the community and advice from relevant government agencies, including the Remote Area Essential Services Program (RAESP) managers Parson Brinkerhoff, surveyors Sinclair Knight Merz, the Shire of Halls Creek, Aboriginal Lands Trust, Main Roads WA, Global Groundwater, and the Departments for Housing & Works, Environment and Conservation, Water and Indigenous Affairs. The general design principles of the plan are:

1. Maintain adequate separation between incompatible uses (eg. Relocate the power station and rubbish tip).

2. Define a road network that is suitable for all uses, including water, electricity and other services.

3. Plan for future growth by developing new residential lots. 4. Allocate land for a range of land uses that may be needed in the future.

The Mulan Community Layout Plan No. 2 shows all proposed improvements to Mulan, as well as a layout for current and future land uses. The following provides a brief explanation of the design principles and required improvements that are shown on the plan. Drinking Water Supply As the population of Mulan grows, it will become increasingly important to provide a new drinking water supply to meet the ongoing needs of the community. The existing water supply has, on occasions, been identified to possess elevated salinity levels and biological organisms. A new bore (Bore M1/04) has been drilled and constructed with testing indicating that it is likely to provide an adequate drinking water supply, although it is yet to be commissioned. In time, this bore should be commissioned as the main production bore for the community (requiring the provision of a power supply). If additional water supplies are required, groundwater potential does not appear to be localised and future drilling targeting the same aquifer may be undertaken over a wide area to the east of Mulan (Global Groundwater 2005). Future exploration should initially target the area between Bores 1/96 and M1/04 to minimise further servicing requirements (ie if Bore M1/04 is connected to power, the electricity supply network will not need to be extended further east to power any potential new bores). The CLP broadly depicts this as a ‘Future Drinking Water Source Exploration Area’. Public Drinking Water Source Area In order to ensure that the drinking water supply is appropriately protected, a groundwater source protection and management plan should be prepared by the appropriate agency. Such a plan would incorporate monitoring and maintenance requirements, estimates of groundwater flow directions, estimation of aquifer resources, likely zones of influence of production bores and an assessment of the potential for contaminants to impact water supplies (Global Groundwater 2005).


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A Public Drinking Water Source Area (PDWSA), as prescribed by State Planning Policy 2.7 – Public Drinking Water Source, is considered the most effective way of identifying and protecting a drinking water source. PDWSAs are defined areas of land within which land uses are restricted to protect drinking water that is harvested within that area. They are based on hydrological analysis of the particular circumstances of the water source and the settlement/s it serves. PDWSAs are enforced through a range of statutory implements. Preparation of a PDWSA is a priority for Mulan, to ensure appropriate protection of the community’s drinking water supply. Relocation of Rubbish Tip The existing rubbish tip, given its proximity to Bore 1/96 (1.2km), Bore M1/04 (2.4km) and the ‘Future Drinking Water Source Exploration Area’, is a potential source of irreversible contamination of the community’s drinking water supply through the seeping of pollution into the aquifer. The proximity of the tip to the main living area may also result in odour and vermin problems for residents. In light of this, it will be necessary to relocate the rubbish tip at some stage in the future. It is acknowledged that such a task is a significant undertaking and will require a considerable capital outlay, and it is therefore recommended that the tip be relocated only after the extent of the Public Drinking Water Source Area has been defined, in order to avoid a possible duplication of the task if a correct site is not identified in the interim. For this reason, a new site for the rubbish tip has not been indicated on the CLP. Given the natural constraints of the general area and the need to separate incompatible land uses, it is likely that the future location of a new rubbish tip will be further northeast of its current location or north of the garden alongside the track leading to Mindibungu. Input from a land-use planning perspective into the siting of a future rubbish tip can be provided by the Planning for Aboriginal Communities Project. Such a matter can be dealt with as an amendment to the CLP. Relocation of Power Station One of the main priorities for Mulan is the relocation of the existing power station. The existing facility is nearing its operational capacity and is not appropriately separated from incompatible land uses. Relocating a new facility away from the main community living area will improve the amenity of nearby residences and will also allow for the creation of future residential living areas in the southern portion of the community. In deciding upon a location for a new power station, the following sites were considered: Option 1 West of the main living area, adjacent to the sewage treatment ponds.

Option 2 East of the main living area, abutting Balgo Mission Road (approximately 750m east of the community office).

Option 3 Northeast of the main living area, adjacent to the rubbish tip. Option 4 North of the main living area, adjacent to the track leading to

Mindibungu. A brief analysis of these sites follows:


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• Option 1 is in a low lying area subject to ponding after rain events, which makes it an unsuitable location for a power supply facility.

• The community raised security concerns about Option 2

• Option 3 is within close proximity to Bore 1/96 and a power station on this site has the potential to contaminate the groundwater resource through the leaching of diesel plumes into the aquifer.

• Option 4 was considered to be the most suitable site, as it is located on higher land, is suitably removed from incompatible land uses and electrical reticulation can use the alignment of the existing track that connects Mulan with Mindibungu.

In light of the above, any future power station should be located to the north of the community. The current power station should be decommissioned and the site rehabilitated. Housing The identification of suitable land to meet the housing needs of Mulan over a long-term timeframe is physically constrained by the following:

• The existence of a no-go area in the southern portion of the community living area; • The presence of the sewage treatment ponds and the associated 500m buffer in the

south and west of the community. • A rocky ridge to the north of the community which would significantly increase

building and servicing costs. There are a number of vacant lots and dilapidated houses within the existing main community living area, which present an ideal opportunity to provide housing in an area that is already serviced and that is proximate to the centre of the community. However, as a number of these vacant lots and ruined houses are within the 200m buffer for the power station, construction of a new dwelling should only occur after the power station has been relocated. Based on the above, the CLP provides for future housing as follows:

• Priority 1 (short term) - There are 6 vacant residential lots within the existing community centre which are ready for immediate development (Lots 68, 69, 71, 72 and 73). These lots are located in close proximity to the school, are outside the buffers for the sewage treatments ponds and the power station, and will require minimal extension of existing service infrastructure. The CLP also shows a number of new residential lots in the north of the community which can cater for the growth of the two discrete family groups located in that area.

• Priority 2 (medium term) - The construction of new houses on Lots 32, 36 and 38-41 (all currently vacant) and the renovation of the existing structure on Lot 29 should occur upon the relocation of the power station.

• Priority 3 (medium to long term) - Should housing in addition to the above be required, a row of future lots (Lots 70, 83, 88, 90-93 and 100-104) has been identified in the north eastern part of the community living area. Reticulated services would need to be extended to these future lots.


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• Priority 4 (long term) - A large portion of land with capacity for up to 26 lots and a standard 20m wide road has been shown as "future residential" to meet the community's long term housing needs. Further planning of this area should be undertaken if and when required.

Aged Persons Accommodation The community has expressed a desire for dedicated aged care accommodation near the community centre. Lot 104 is the most suitable location for such a facility given its relative proximity to the centre of the main living area. Road Layout The road layout proposed by the CLP generally reflects the existing semi-formal roads and a number of less formal tracks in the community. This results in an 'organic' road network and respects the way the community currently functions. The community has indicated that they intend to name the roads in the future. As an interim measure, the roads have been given a road number to serve as an identifier. Most road reserves are 20m in width. The Balgo access road and the road leading to the cemetery/Mindibungu are slightly wider to accommodate the higher speeds travelled on these roads. Existing roads should be sealed in the future to reduce dust issues. It is acknowledged that funding for the sealing of all roads in the community may not be forthcoming, so the following roads are prioritised: - Entrance of Mulan-Balgo Road into community - Road No. 3 - Road No. 20 (to airstrip, in order to help address stormwater conveyance issue) - Road No. 21 (to ensure permanent access to rubbish tip and future power station - Road No. 8 - Road No. 12 - Road No. 7 The track leading to the cemetery/Mindibungu has been defined so that a greater setback to the nearby houses is provided. Also, an east-west running deviation road is provided to direct through traffic to the better quality semi-formal road which leads to the tip. This deviation road is located at the foot of the rocky ridge to minimise construction costs. Barriers are to be installed opposite Lot 82 to ensure that through traffic is diverted and signage installed to warn drivers of the deviation. Stormwater Drainage With regard to the localised pooling issue experienced in the south of the community, the most appropriate way to address this problem is the construction of diversion drains along the track connecting the community with the airstrip. However, this track runs through the "no go" area and the construction of such diversion drains could potentially impact on the drainage of the surrounding area. It is recommended that the Kimberley Regional Service Providers liaise with the Mulan Aboriginal Corporation and the identified Traditional Owners to investigate the suitability of such works.


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Relocation of Stockyards The community's desire to relocate the stockyards to a site away from the main community living area is reflected by the CLP. The community has identified that this is a suitable project for the community CDEP. However, in light of higher priorities and the infrequent use of the stockyards, it was acknowledged that this task is a medium to long term priority. The eventual relocation of the stockyards should coincide with the reformation of the Lake Gregory Pastoral Station. Once the stockyards have been relocated, the land that they are situated on will be available for further development. However, it is believed that the presence of black soil in this area will be prohibitive to development for urban land uses. Landscaping Buffer The community's aspiration for a landscaping buffer to reduce the wind-borne dust issue is reflected in the CLP. The tree planting area rings the western outskirts of the community living area, remaining within Crown Reserve 39102. A separate tree buffer area in the southeast of the community, aligned to match the entrance of the no-go area, is also shown. No-go Area The plan shows a no-go area to the south / southeast of the community. Use of this land is for traditional or ceremonial purposes only, and no development will be permitted on this site. Garden The garden is shown as "rural" on the plan and is suitably removed from incompatible land uses. Community Meeting Place The community has expressed a desire for a centrally located meeting area. A dilapidated bow shelter exists on Lot 115 (opposite the community store). By making any necessary structural modifications and decorating the existing structure, an opportunity exists to provide an informal and culturally appropriate meeting place in the centre of the main community living area. Recommended Community Living Area The existing land tenure arrangements are inappropriate in that the boundary between Lot 8 (Crown Reserve 39102) and Lot 16 (leasehold land) bisects the sewage treatment ponds. Further, community infrastructure including Bore 1/96, Bore M1/04, the airstrip, the rubbish tip, the cemetery and the garden are located outside the Crown Reserve and on the leasehold land. It is therefore recommended that the area of Reserve 39102 be increased to fully encompass the main community living area and all associated infrastructure, by adjusting the boundary between the Crown Reserve and leasehold land. The recommended living area uses the following features as boundaries: - Southern boundary: Creek - Western boundary: Tracks to the west - Northern boundary: 1km north of road leading to cemetery


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- Eastern boundary: 1km east of eastern edge of airstrip. State Land Services is the agency responsible for administering modifications to the Crown estate. Any changes to the boundary between Lot 8 and Lot 16 will require referral to the ALT as the management body for the subject land titles. As Native Title rights have been determined to exist over the subject area, any boundary adjustment will also require consultation with the identified Traditional Owners (through the appropriate native title representative body). Furthermore, the Bonner Report, a Cabinet endorsed policy, encourages the transferring of the ALT estate to appropriate indigenous management or ownership. This process will require negotiation with community incorporations, Traditional Owners, native title representative bodies, State and Federal government agencies and other relevant parties. In the case of Mulan, it may be possible for the boundary adjustment issue to be dealt with as part of the broader process of the divesting from the ALT estate of the subject land parcel/s.


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6. ENDORSEMENTS Not endorsed. Comprehensive review and consideration by all parties as required under State Planning Policy 3.2 required.


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7. CONSULTATION SUMMARY Preparation of this Community Layout Plan is the result of consultation with the community representatives and a range of agencies, authorities and non-government organisations. Formal meeting held during this process are listed below. Organisation Date Mulan Aboriginal Corporation 15 July 2008 23 September 2008 Department of Indigenous Affairs 12 March 2009 Shire of Halls Creek Catholic Education Office 24 February 2009 Department for Housing & Works 14 July 2008 18 February 2009 Department of Water Kimberley Aboriginal Medical Services Council 23 February 2009 Parsons Brinkerhoff (Remote Area Essential Services Program) 27 February 2009

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