Monday, 6 November 2023

The NSW Minns Government continues to make the right noises about ceasing residential development on the state's floodplains, however it is uncertain how committed it will be in practice given the pressure construction & development industries can bring to bear


 An number of uncomfortable caveats are apparent in the following statements made concerning New South Wales floodplains....


*yellow highlighting in this post is mine*


AAP General News Wire. 3 November 2023:


More planned developments could be scraped in NSW after a state government report found there was a risk to residents' lives in flood plain areas.


Plans to build extra homes on high-risk flood plains could be shelved across NSW after the state government axed the rezoning of land on Sydney's outskirts.


The decision to scale back the developments on the city's northwestern fringe followed a state government flood report that declared there would be a “risk to life” in the case of a mass evacuation.


Planning Minister Paul Scully said the government was considering extending the measure to any dangerous flood plain area, although he declined to give a clear definition of what that would entail.


"It's one, not unreasonably, that puts lives at risk," he told a budget estimates hearing on Friday.


"The definition of dangerous will vary based on the frequency, the severity (and) the capacity for people to leave."


The state government on Sunday announced it was scrapping rezoning plans for Marsden Park North and parts of West Schofields, which were due to be developed with more than 10,000 homes.


Plans for a new Riverstone Town Centre will also no longer go ahead.


The decision followed the release of a flood evacuation report, which found there was a risk to life in areas such as the Hawkesbury-Nepean basin.


Mr Scully on Friday described the area as the plain with the highest unmitigated flood risk of anywhere in Australia.


The report said the number of people unable to evacuate from the region in the case of a flood increased significantly if all potential development was to occur.


"For example, for a 1-in-500 chance per year flood (similar to the worst flood on record), the risk to life would increase from an estimated 980 people under committed development to around 23,700 people by 2041," it read.


Opposition Leader Mark Speakman called on the government to be transparent about its modelling, referring to criticisms of the evacuation report by former NSW Police deputy commissioner Dave Owens.


"Obviously governments cannot be reckless and put people in harm's way," he told ABC Radio.


Pressed at estimates about whether the government would stop housing developments in other flood-plain regions, such as Clarence Valley in the Northern Rivers, Mr Scully said he was "looking at all options".


"Where there are cases where we believe there should be an intervention, that will happen," he said.


"As a broader policy work, that continues.


"We absolutely won't put lives unnecessarily at risk by building on dangerous flood lines."


Mr Scully said if housing developments did not go ahead, the land could be used in alternative ways.


"Just because you can't use a piece of land for residential use, doesn't mean you can't use it for other uses ... there's sporting fields, there's biodiversity, there's the potential for areas to be zoned as industrial or commercial," he said.



Deputy Premier, Minister for Planning and Public Spaces & Labor MP for Wollongong Paul Scully, media release, 29 October 2023:


Focus on prevention to reduce risk to life during floods in the Hawkesbury-Nepean Valley

Published: 29 October 2023


The NSW Government is delivering on its election commitment to no longer develop housing on high-risk flood plains in Western Sydney.


The Government is today announcing it has rezoned parts of the North-West Growth corridor to ensure NSW does not construct new homes in high-risk areas.


The Government is also releasing the Flood Evacuation Modelling report for the Hawkesbury-Nepean Valley, which informed the rezoning decisions.


No more building on high-risk flood plains


We cannot continue to develop and build new residential towns in high-risk areas, and risk putting more people in harm’s way.


Following a rigorous assessment process and review of expert advice on flooding, it has been determined the proposed rezoning and draft plans for Marsden Park North precinct and Riverstone Town Centre will not proceed.


The plans for the West Schofields precinct will partially proceed, subject to strict conditions.


The three projects fall within the Hawkesbury-Nepean Valley floodplain and were put on hold in 2020 until further flood risk investigations and evacuation modelling were completed.


It means that, in line with the NSW Government’s election commitment, and in taking a risk-based approach to planning decisions on dangerous flood plains, of the approximately 12,700 new homes previously proposed – but not approved – under the three rezonings, only up to 2,300 will now proceed.


The NSW Government will continue to work closely with councils and other stakeholders to explore suitable land-use options.


Work is also underway to understand where additional housing can be accommodated to mitigate the impacts of these decisions on the housing pipeline.


Flood Evacuation Modelling report for the Hawkesbury-Nepean Valley


The land-use planning decisions follow the release of Flood Evacuation Modelling report for the Hawkesbury-Nepean Valley.


The modelling was undertaken to help make better decisions on emergency evacuations, land use planning and road upgrades in one of Australia’s most dangerous flood risk areas.


The former NSW government commissioned an independent expert inquiry led by Mary O’Kane and Mick Fuller into the preparation for, causes of, response to and recovery from the 2022 catastrophic flood event across the state of NSW.


Key recommendations in the report included revised and updated flood modelling and disaster adaption plans to help resolve rezoning decisions.


This updated modelling has been instrumental in the NSW Government’s consideration of the three planning proposals in Sydney’s North-West Growth Area.


The Hawkesbury-Nepean Valley covers over 500km2 of floodplain in Western Sydney, stretching from Wallacia to Brooklyn and Wisemans Ferry.


It includes land in Hawkesbury, Hills, Blacktown, Penrith, Central Coast, Wollondilly, Liverpool and Hornsby Local Government Areas with more than 140,000 people living or working in the floodplain.


The valley is often compared to a bathtub – one with five ‘taps’ flowing in and only one drain. Between 2020 and 2022, the area flooded six times with some of the largest floods seen in decades.


Sadly, this area has suffered even bigger floods in the past, and the Government must consider the risk of similar floods in the future.


The extreme depth of floods in the valley means that large numbers of people often need to evacuate at short notice before roads out are cut off. It is not possible to shelter in place in these areas.


Adding to the complexity, thousands of vehicles need to evacuate using roads and intersections that were not designed for those levels of traffic.


This technical Flood Evacuation Modelling report for the Hawkesbury-Nepean Valley will be used to reduce the risk to life by informing better planned evacuation routes for flood events, assesses potential road infrastructure options and inform decisions on potential future developments.


While improvements can be made, the flood challenges of the Hawkesbury-Nepean Valley are not ones that communities can build their way out of.


The report makes clear that the number of people who will be unable to evacuate increases significantly with potential future development and climate change.


Recognising that decisions to limit new homes on the flood plain could raise concerns for small local landowners, the Government has appointed strategic planning expert Professor Roberta Ryan to provide independent community liaison support to help affected landowners them understand and navigate the issues.


Professor Ryan has previously assisted communities in the Western Sydney Aerotropolis and Orchard Hills on land-use planning matters.


For more information read the Flood Evacuation Modelling report or more about flooding in the Hawkesbury-Nepean Valleylaunch


A new focus on disaster preparedness


What is clear, is NSW’s ability to prevent and prepare for disasters has been hampered by ineffective funding, with 97% of all disaster funding spent after an event and only three per cent spent on prevention and preparedness.


It’s part of why the NSW Reconstruction Authority was established in December 2022 with the expanded responsibilities to include adaption, mitigation and preparedness for natural disasters.


As part of that, an historic $121 million has been invested in the last Budget to properly resource the NSW Reconstruction Authority and allow the authority to support communities across the state better prepare for natural disasters including bushfires, floods and storms.


The authority is working on a State Disaster Mitigation Plan and new regional Disaster Adaptation Plan to reduce the impact of floods in the Valley and this tool will also be used to better understand the risks.


Today’s announcement is a key example of the preventative work that will be prioritised to reduce the impacts of natural disasters in the state.


Minister for Western Sydney, Deputy Premier Prue Car said:


Western Sydney residents have borne the brunt of recent disasters including the pandemic and floods in the Hawkesbury Nepean Valley.


By stopping unsafe development in dangerous areas on flood plains, and with our Government’s work to reduce the risk of disasters before they happen, we’re making sure communities across Western Sydney, in areas including Penrith, Blacktown and Riverstone, are finally supported and better protected.


When we consider new housing areas, we will look at both the potential for those homes to be inundated in floods, as well as the impact more homes will have on the ability of both new and existing residents to evacuate in emergencies.


We know we can’t stop natural disasters from occurring, but we are committed to doing more to prepare for and prevent the worst of their impacts.”


This new tool will not only help us better plan for evacuations but it will also make our amazing emergency service workers safer by reducing the risks they face when responding to floods in the valley.”


Minister for Planning and Public Spaces Paul Scully said:


We’ve all seen the devastation caused by floods in the Hawkesbury-Nepean Valley – with homes and businesses damaged or destroyed. We also know these communities will only face more and worse flood risks if things stay the same.


There’s no simple solution but we are working on a suite of measures which includes this tool to help NSW better prepare for disasters.


These are hard and complex policy problems – we need to deliver new housing, but it needs to be done safely.


New developments could impact the ability of both new and existing residents to evacuate safely during emergencies, which puts more lives at risk.


I’d rather a disappointed landowner confront me over a decision we’ve made to keep them safe, rather than console them when they’ve lost a loved one because of floods.


We’ve been clear that we will put an end to unsuitable development on dangerous flood plains which puts lives at risk and destroys livelihoods - this model gives us the technical data needed to make those informed decisions and balance competing priorities.”


****************************

Frequently Asked Questions

Flood Evacuation Modelling at:

https://www.nsw.gov.au/sites/default/files/2023-10/Hawkesbury%20Nepean%20Valley%20Flood%20Evacuation%20Model%20FEM%20FAQs.pdf


Sunday, 5 November 2023

27 days out from the beginning of the 2023 Australian Summer and drought intensifies in Northern Rivers region

 

By 30 October 2023 NSW Dept. of Primary Industries' Combined Drought Indicator mapping showed that drought was intensifying along the North Coast of the state, from Port Macquarie-Hastings up to the NSW-Qld border. 

NSW DPI Combined Drought Indicator mapping, 30 October 2023
Click on image to enlarge



 An est. 42.8% of the region is experiencing intense drought; with another est. 41.6% in drought; and 15.5% considered drought affected.


As of the end of October, the North Coast region was the most affected by the growing drought conditions. State-wide almost half the land area is yet to experience drought. With only est. 3.2% of the total land area listed as in intense drought; est. 13.8% in drought; est. 33.8% drought affected; and the remaining 49.2% unaffected by drought conditions. 


Recent drought history from January 2017 to October 2023 of three Clarence Valley parishes which include major population centres.

Click on images to enlarge








Clarence Valley Council, News, 31 October 2023:


Clarence Valley community urged to reduce water use


A combination of low rainfall and high consumption has put Clarence Valley on the brink of water restrictions.


Due to low flow conditions in the Nymboida River, Clarence Valley's water supply is currently being sourced from Shannon Creek Dam.


Clarence Valley Council has Permanent Water Conservation Measures in place. However, dry conditions are predicted to continue and current projections indicate water restrictions are likely in the near future.


Several neighbouring councils have already implemented water restrictions including Bellingen Shire and parts of Tweed Shire, while Rous County Council, which services Ballina, Byron, Lismore and Richmond Valley, anticipates Level One water restrictions will be activated before Christmas.


"It is now an important time for the community to make a concerted effort to adhere to the permanent water conservation measures in order to delay the introduction of water restrictions," CVC Manager Water/Sewer Operations Andrew Potter said.


"Water consumption across the Clarence Valley has steadily risen in recent weeks, including several days above capacity."


The Rushforth Road Water Treatment Plant (RRWTP) has maximum capacity to provide 22 megalitres per day. Average daily consumption (22.39ML/day) exceeded 22ML for the first time in the week ending Sunday 22 October, when consumption peaked at 28.01ML.


There have been another ten days of more than 22ML being pumped out of RRWTP since 21 September, when temperatures reached 37 degrees for the first time heading into the warmer months.


"Generally warmer weather correlates with higher water consumption," Mr Potter said.


"We understand people are keen to keep their lawns and gardens alive. However, we urge people to consider ways they can reduce their usage….


Saturday, 4 November 2023

Friday, 3 November 2023

Employee households recorded the strongest quarterly and annual cost of living rises due to increases in mortgage interest charges

 

Employee households recorded the strongest quarterly and annual rises due to increases in Mortgage interest charges.” [ABS, Selected Living Cost Indexes, Australia: Living Cost Indexes (LCIs) measures the price change of goods and services and its effect on living expenses of selected household types, Reference period September 2023]



Australian Bureau of Statistics (ABS), media release, 1 November 2023, excerpt:








A significant difference between the Living Cost Indexes and the CPI is that the Living Cost Indexes include mortgage interest charges rather than the cost of building new dwellings.


Employee households were most impacted by rising mortgage interest charges, which are a larger part of their spending than for other household types.


Mortgage interest charges rose 9.3 per cent following a 9.8 per cent rise in the June 2023 quarter. While the Reserve Bank of Australia has not increased the cash rate since July 2023, previous interest rate increases and the rollover of some expired fixed-rate to higher-rate variable mortgages resulted in another strong rise this quarter,” Ms Marquardt said.


Living costs for each of the three indexes for households whose main source of income is government payments (age pensioner, other government transfer recipient, and pensioner and beneficiary households) increased more slowly than the CPI in September quarter. The primary reason for this was a fall in their Housing costs for the quarter following the introduction of the Energy Bill Relief Fund rebates and changes to Commonwealth Rent Assistance. The Energy Bill Relief Fund reduced electricity bills for all households in Brisbane and Perth, and for households eligible for electricity concessions in the remaining capital cities.


From 20 September 2023, the maximum rate available for Commonwealth Rent Assistance increased by 15 per cent on top of the CPI indexation that applies twice a year, reducing out of pocket expenses for eligible households. Given the timing of these changes, the September quarter results show only a partial impact of the Commonwealth Rent Assistance changes with further impacts to come through in the December 2023 quarter.


Living costs rising fastest for employee households


Employee households also recorded the largest annual rise in living costs of all household types with a 9.0 per cent increase, down from a peak of 9.6 per cent in the June 2023 quarter.


Increasing interest rates over the year have contributed to annual living cost rises ranging from 5.3 per cent to 9.0 per cent for different household types. Most households recorded higher rises than the 5.4 per cent annual increase in the CPI.


Higher automotive fuel prices and insurance premiums also contributed to increases in annual living costs for all household types.


After employee households, other government transfer recipients recorded the next largest annual rise in living costs through to September 2023.


Rents make up a higher proportion of spending for these households compared to other household types. Rental prices have increased over the last year reflecting strong demand and low vacancy rates across the country,” Ms Marquardt said.


Thursday, 2 November 2023

BUSHFIRE STATE OF PLAY NORTH-EAST NSW & NSW-QLD BORDER REGION: Last two days of October 2023


 


 


Glens Creek Rd bushfire at night
Nymboida, Clarence Valley
IMAGE: NSWRFS


 

Bushfire lit night sky
 Coutts Crossing, Clarence Valley
IMAGE: supplied





 


 


 


 


 

1 November 2022:

The Bush Fire Danger Period is now in place for all local government areas around New South Wales, including along the southern border. If you’re planning on using fire on your property, you’ll need a permit. For more information, visit the #RFS website: http://rfs.nsw.gov.au/BFDP


Wednesday, 1 November 2023

Ballina Shire Council State of Play 2023: in performance sadly just like every other tier of government as year's end approaches


Ballina Shire Council 
 IMAGE: NBN News 19.06.23


Ballina Shire Local Government Area has an estimated resident population of approx. 46,850 men, women & children (.iD Community:demographic resources, 2022), with a population density of 96.47 persons per square km across its total area of 485.6 sq. km – give or take what the sea hasn’t taken at the last high tide.


It is ‘managed’ by a Council comprised of nine councillors elected to represent three wards and a popularly elected mayor. Bringing the mix of often competing interest to ten local politicians, as well as a non-political council administration and staff running at around 336 permanent full time, part time and temporary staff (excluding casual staff).


Ballina Shire Council is blessed or bedevilled by at least 11 standing committees, at least one reference group and. sits on at last glance 11 other regional organisations including Rous Water and the Northern Rivers Joint Organisation.


That works out to be one elected politician and administrative employee for every 135 Ballina residents/ratepayers, operating within an annual budget that doesn’t appear to fudge its numbers.


So, in 2023 the shire should be running like a well-oiled machine. However this is regional local government we are looking at and, it can be as dysfunctional as the other two tiers of government.


The Echo online newspaper discusses Ballina Shire Council....


30 October 2023


Ballina’s bouncing boundaries


Many people assume that in a civilised country like Australia, electoral boundaries are all taken care of by impartial officials, but in Ballina, it turns out councillors have some say in deciding their own ward boundaries within the shire.


As the local population changes, this has led to an ongoing kerfuffle, with the latest chapter occupying much of the latest Ballina Council meeting.


Defying staff suggestions, Cr Rod Bruem and his allies are continuing to push for a new boundary adjustment which they say is based on common sense geographical boundaries.


This includes moving North Ballina to A Ward, moving Cumbalum to A Ward, moving areas of Newrybar west of the motorway to C Ward, and moving areas of East Ballina (north and north-east of the Richmond River) to B Ward.


After the latest period of public consultation, there were a grand total of two submissions in support of this idea and 55 objections, for reasons including; perceived councillor disadvantage, too many people being impacted, little benefit, high cost, poor forward planning, perceived political interference, and the fact that there is greater variance between the population of wards under the Bruem approach than via the original staff proposal (flying in the face of the whole reason for boundary adjustments).


In the meeting, Cr Bruem blamed the ‘green left Echo newspaper’ for stoking misunderstandings about his proposal among the general public.


He said accusations from critics that his new boundaries amounted to gerrymandering were ridiculous and unfounded, later claiming that he was actually correcting earlier gerrymandering by the 2007 council. He described the current ward division in Ballina as being like the way Berlin was carved up during the Cold War.


Cr Bruem said that residents had tried to have him thrown out of the recent Cumbalum Residents Meeting (this is one of the main areas to be affected by the proposed change) and he had to be rescued by Cr Kiri Dicker.


Cr Bruem claimed he was simply acting based on electoral commission principles, and reducing confusion, by seeking to follow easy to understand geographical boundaries in his proposed ward boundary adjustments. If there were going to be unfortunate political ramifications for his opponents, such as Cr Jeff Johnson (Cr Bruem denied this), then that was nothing to do with him.


Cr Johnson called on councillors to follow their previous unanimous decision to accept staff-suggested ward boundaries back in February, as had already been supported by the electoral commission. He said Cr Bruem’s last minute change was ‘politically motivated’, and a waste of council resources and ratepayers’ money.


New low

He said the recent majority decision to proceed with the Bruem changes was ‘a new low for this council’ in his fifteen years there.


It may seem trivial, but I believe that for a councillor or a group of councillors to overturn a unanimous decision and to draw up a different electoral boundary is not the precedent that we want to set,’ said Cr Johnson.


It compromises this council as a whole. That is not why we’re here.’


He went on to say that far from simplifying things, the proposed changed would lead to greater confusion, as well as increasing the population differential between wards, from 4.85 per cent to 7.68 per cent, meaning the whole issue would likely have to be revisited again in the near future…..


In the end, Mayor Cadwallader again used her casting vote to decide the issue in Cr Bruem’s favour, with Crs Dicker, Johnson, Meehan, Chate and Johnston voting against.


27 October 2023


Fireworks over C Zone debate in Ballina


Yesterday’s Ballina Shire Council meeting saw accusations and insults hurled across the chamber as councillors split down the middle on the contentious issue of conservation zones.


The question boils down to whether rural landowners should be able to decide for themselves if there are C zones on their properties, (‘opting in’), or whether these areas should be identified in collaboration with council staff on the basis of evidence and negotiation, as part of the modernisation and integration of rural zones.


Progressive councillors brought on a rescission motion in an attempt to undo the previous (very tight) decision to support opt in C zones, noting that council staff and the Department of Planning and Environment have expressed concerns about Ballina Council’s direction on the issue.


Conservation or conservation zones?

There was a surprising deputation from koala activist Maria Matthes, who said, ‘I almost can’t believe that I am speaking against conservation zones, but this is about conservation and not conservation zones.’ She suggested that inconsistencies in the application of conservation zones risked alienating landholders, with potentially negative implications for wildlife corridors, especially when weedy areas are identified as holding conservation value.


I would like to see Ballina Council go back to where it should have been 11 years ago, with the new biodiversity strategy in hand, and bring landholders along for the biodiversity conservation journey,’ she said.


During the following debate, Cr Jeff Johnson said he’d seen some bad decisions on council over his last fifteen years, ‘but the proposal to make a major decision on property zoning classifications before the end of an extensive public consultation period, or reporting back to council, has to be one of the worst.’


He said the recent feedback from the state government indicated that the new approach failed every test. ‘I’m shocked at the way this final process has been hijacked; that proper process isn’t being allowed to be followed.’


Cr Johnson said council staff had already alleviated concerns about C zones from Cr Eva Ramsey and others, when they made it clear ‘that no existing farming practices or areas would be impacted, or would be proposed to be impacted by the zoning review.’…..


Mayor Cadwallader later defended her use of the casting vote [in favour of opt-in C Zones], declaring she was supporting the status quo and would ‘vote for common sense every day of the week.’…..


26 October 2023


Country mayors call for regional crime inquiry


Ballina Mayor Sharon Cadwallader will use a mayoral minute in today’s Ballina Shire Council meeting to call for a parliamentary inquiry into crime, law and order in regional NSW, in line with a recent report from the Country Mayors Association.


Supported by the Police Association of NSW, the report also calls for an increase in funding, to enhance front line policing in regional communities in need….


Mayor Sharon Cadwallader will this morning be asking her colleagues to endorse the recommendations of the Country Mayors Association report, and requesting member for Ballina Tamara Smith to consider supporting the establishment of a parliamentary inquiry into rural crime….


Mayor Sharon Cadwallader will this morning be asking her colleagues to endorse the recommendations of the Country Mayors Association report, and requesting member for Ballina Tamara Smith to consider supporting the establishment of a parliamentary inquiry into rural crime.


The first point of the mayoral motion of 26.10.23 was as follows:


That, Council calls on all members of the NSW Parliament to commit to bipartisan support to establish a Parliamentary Inquiry into and report on the rate of crime in all categories reported on by the Bureau of Crime Statistical and Research (BOCSAR) in Regional, Rural and Remote New South Wales, specifically focussing on the inequity between Metro and Regional Local Government areas.


Happy to provide busy work for the NSW Parliament in duplicating the detailed crime demographics produced by BOSCAR up to June 2023 covering every local government area in the state at both metro, regional and local level, Ballina Shire councillors found something they could all agree on.


FOR VOTE - All Councillors voted unanimously.

ABSENT. DID NOT VOTE - Cr Rodney Bruem


Tuesday, 31 October 2023

'Statement for our People and Country' delivered to the Prime Minister and every Member of the House of Representatives and the Senate of the Commonwealth Parliament, 22 October 2023


The Lowitja Institute has published online the full text of the Statement for our People and Country, referred to in the Australian media as an 'open letter' and selectively quoted by news outlets since 21 October 2023.



Statement for our People and Country


22 October 2023


To the Prime Minister and every Member of the House of Representatives and the Senate of the Commonwealth Parliament



This is an open letter which will be circulated to the Australian public and media.



Aboriginal and Torres Strait Islander peoples have observed a week of silence across Australia since the outcome of the Referendum last Saturday 14 October 2023. Aboriginal and Torres Strait Islander flags have flown half-mast and we have refrained from media commentary, even as politicians, governments, media commentators and analysts have spent a week exonerating – and indeed, lauding – the nobility of the 60.8 per cent of Australians who voted to reject Constitutional Recognition of Aboriginal and Torres Strait Islander people as the First Peoples of Australia.



These are the collective insights and views of a group of Aboriginal and Torres Strait Islander leaders, community members and organisations who supported Yes:



1. Aboriginal and Torres Strait Islander peoples are in shock and are grieving the result. We feel acutely the repudiation of our peoples and the rejection of our efforts to pursue reconciliation in good faith. That people who came to our country in only the last 235 years would reject the recognition of this continent’s First Peoples – on our sacred land which we have cared for and nurtured for more than 65,000 years – is so appalling and mean-spirited as to be utterly unbelievable a week following. It will remain unbelievable and appalling for decades to come.



2. We thank the 5.51 million Australians who voted Yes to recognition. This represents approximately 39.2 per cent of Australian voters on 14 October 2023. At the 2022 Federal Election the Australian Labor Party received support from 32.58 per cent of voters, the Liberal Party 23.89 per cent, the National Party 3.6 per cent and One Nation 4.96 per cent. We thank those Australians who gave Yes more support at this Referendum than they did to any political party.



3. We acknowledge the resounding Yes vote in discrete and remote Aboriginal and Torres Strait Islander communities. The high levels of support for Yes in our communities exposes the No Campaign’s lies, taken up by the media even in the last week of the campaign. The situation of these communities needs to be addressed sooner rather than later.



4. Australia is our country. We accept that the majority of non-Indigenous voting Australians have rejected recognition in the Australian Constitution. We do not for one moment accept that this country is not ours. Always was. Always will be. It is the legitimacy of the non-Indigenous occupation in this country that requires recognition, not the other way around. Our sovereignty has never been ceded.



5. The Constitution still belongs to those who the founding fathers originally intended it for and remains unchanged in our exclusion. We were asked to be recognised over a decade ago; we sought to be included in a meaningful way and that has been rejected. In refusing our peoples’ right to be heard on matters that affect us, Australia chose to make itself less liberal and less democratic. Our right to be heard continues to exist both as a democratic imperative for this nation, and as our inherent right to selfdetermination. The country can deny the former but not the latter. A 'founding document' without recognition of First Peoples of this country continues the process of colonisation. It is clear no reform of the Constitution that includes our peoples will ever succeed. This is the bitter lesson from 14 October.



6. The support for the referendum collapsed from the moment Liberal and National Party leaders, Mr Dutton and Mr Littleproud, chose to oppose the Voice to Parliament proposal after more than a decade of bipartisan support. The proposal was tracking 60 per cent support compared to 40 per cent opposition for several years until the National and Liberal parties preferred wanton political damage over support for some of this country’s most disadvantaged people. There was little the Yes campaign could do to countervail this.



7. Lies in political advertising and communication were a primary feature of this campaign. We know that the No campaign was funded and resourced by conservative and international interests who have no stake or genuine interest in the lives of Aboriginal and Torres Strait Islander people. We know this funding supported multiple No campaigns that intentionally argued in varying directions to create doubt and fear in both non-Indigenous and Indigenous communities. This included resurrecting scare campaigns seen during the 1990s against land rights, but the scale of deliberate disinformation and misinformation was unprecedented, and it proliferated, unchecked, on social media, repeated in mainstream media and unleashed a tsunami of racism against our people. We know that the mainstream media failed our people, favouring ‘a false sense of balance’ over facts.



8. There has always been racism against First Nations people in Australia. It increased with multiple daily instances during the campaign and was a powerful driver for the No campaign. But this campaign went beyond just racism. ‘If you don't know - Vote No’ gave expression to ignorance and licensed the abandonment of civic responsibility on the part of many voters who voted No. This shameful victory belongs to the Institute of Public Affairs, the Centre for Independent Studies and mainstream media.



9. Post-referendum commentaries that exculpate those who voted No were expected as the usual kind of post-election approbation of the electorate. The truth is that the majority of Australians have committed a shameful act whether knowingly or not, and there is nothing positive to be interpreted from it. We needed truth to be told to the Australian people.



10. We will maintain the vision of the Uluru Statement from the Heart. We will continue to uphold the outcomes of the Uluru Dialogues to which more than 1,200 Aboriginal and Torres Strait Islander people from across the country contributed – culminating in the Uluru Statement signed by 250 people on 26 May 2017. It is evident that many Australians are unaware of our cultures, our histories, or the racism imbued in the Australian Constitution. That so many Australian people believe there is no race or division on race in the current Australian Constitution speaks to the need for better education on Australian history and better civics education. We have faith that the upswelling of support through this Referendum has ignited a fire for many to walk with us on our journey towards justice. Our truths have been silenced for too long.



11. We want to talk with our people and our supporters about establishing – independent of the Constitution or legislation – an Aboriginal and Torres Strait Islander Voice to take up the cause of justice for our people. Rejection of constitutional recognition will not deter us from speaking up to governments, parliaments and to the Australian people. We have an agenda for justice in pursuit of our First Nations rights that sorely need a Voice – we will continue to follow our law and our ways, as our Elders and Ancestors have done.



12. We will regather in due course and develop a plan for our future direction. While this moment will be etched into Australia’s history forever, today we think of our children, and our children’s children. Our work continues as it has always done. We will continue to fight to seek justice for our peoples. We are three per cent of the population, and you are 97 per cent.


Note: The public version of this letter doesn't have signatories and elsewhere it has been stated that it is intended to be shared by those people and organizations that support it.