Celebrating 40 years of the Kimberley Land Council
2017-18 KLC ANNUAL REPORT
WARNING: Aboriginal people are advised this annual report may feature images of deceased people. 2 Kimberley Land Council 2017-18 Annual Report
This annual report was produced by Kimberley Land Council ICN: 21 Copyright 2018 ©
Cover artwork: the artwork is called Ngurra Tiyatiya and was painted by the late Mr Ned Cox. The painting is very special to the Kurungal Traditional Owners and represents the country where the KLC 40th commemorations were held in 2018.
After painting the work, Mr Cox related this story: In the Ngarrangkarni (Dreamtime), tiyatiya (mudlark) and lungkura (blue-tongue lizard) were living together at a place called Ngurra Tiyatiya, [a hill to the east of Ngumpan community]. It started to rain and the country flooded all over. The mother lungkura collected her little ones and floated with them on her back. She rested on every hilltop, leaving some of her babies behind as she went. She floated from Ngurra Tiyatiya, a long way to the west through Noonkanbah. The babies were stranded on a hilltop when their mother drowned even further downstream at a place called Looma.
Photos copyrighted to the Kimberley Land Council unless stated otherwise.
This report can be accessed online at www.klc.org.au
For further information contact Kimberley Land Council 11 Gregory Street PO Box 2145 Broome WA 6725 Ph: (08) 9194 0100 [email protected] Kimberley Land Council 2017-18 Annual Report Contents
Our organisation 4
Introduction and Overview 4
Our Mission, Vision and Values 5 Message from the Chairman 6 KLC Board of Directors as of 30 June 2018 9 Message from the Acting CEO 10 Kimberley Land Council 13 Executive roles and responsibilities 21 Strategic Plan 25 Human Resources 26
Performance Report 29
Native Title 29
Native Title in the Kimberley 36 East Kimberley 37 West Kimberley 42 Central Kimberley 47
Looking after country 52
Land and Sea Management 52 Kimberley Ranger Network 63
Financial Statements 73
2017-18 Financial Statements 73 Notes 64 4 Kimberley Land Council 2017-18 Annual Report Our Organisation Introduction and Overview
Men, women and children protest against mining at Noonkanbah Station, 1978. Photograph by Michael Gallagher
The Kimberley Land Council (KLC) was We continue, focused on our The year 2018 marks 40 established in 1978 following a dispute core business as a Native Title years of significant, historical between Kimberley Aboriginal people, Representative Body. In achieving achievements and the the West Australian Government and the vision of our members, the KLC continued growth of the KLC, an international mining company continues to develop comprehensive in supporting our members and at Noonkanbah. programs and activities that add to our Kimberley Aboriginal people in growth as an organisation. Our vision The KLC was set up by Kimberley getting back country, looking has and will remain the foundation of Aboriginal people as a peak regional after country and getting our organisation. community organisation, to secure control of our future. the rights and interests of Kimberley The KLC provides procedural Aboriginal people to their land and and technical information on waters and to protect their significant its functions through its Annual places. Report to the Commonwealth Government as a prerequisite for The year 2018 marks 40 years of our Native Title Representative Body significant, historical achievements Funding Agreement. and the continued growth of the KLC, in supporting our members and The KLC strives to embody the Kimberley Aboriginal people in getting diversity of our operations throughout back country, looking after country and this report. getting control of our future. Kimberley Land Council 2017-18 Annual Report 5 Our organisation Our Mission, Vision and Values
Veronica Lulu and grandchild, Mulan Community.
deliver a high-standard of services Our Vision The Kimberley Land Council The Kimberley Land Council is a to Traditional Owners to achieve is a community organisation community organisation working our vision working for and with for and with Traditional Owners of • Develop and implement sound, Traditional Owners of the the Kimberley to get back country, appropriate and effective Kimberley to get back country, look after country and get look after country and get control of planning and review processes control of the future. the future. and documents.
Our Mission Our Values • To get back country • R espect for our law and culture • To look after country • R espect for our elders • To get control of the future and stakeholders • To have a strong organisation • F air and transparent decision-making Objectives • Effective and open communication • Improve the cultural, social and • Working in partnership economic wellbeing of Kimberley • Trust and loyalty Aboriginal people • Justic e and equality for • Operate as an effective body Indigenous people to secure rights for and deliver • Cultural diversity the aspirations of Kimberley Traditional Owners • Develop and implement policies, strategies and activities that 6 Kimberley Land Council 2017-18 Annual Report Our organisation Message from the Chairman
KLC Chairman Anthony Watson.
Marboo Ngyimbi, I believe what Kimberley Aboriginal Celebrating our achievements people were fighting for back in the I am pleased to bring you my report In August 2017, the KLC welcomed early days remains very similar to what for the 2017-18 financial year. The past over 400 rangers and special guests we fight for today – recognition of our 12 months have been filled with many to Gurrbalgun (Pender Bay) for the rights and protection of our culture major milestones for the Kimberley Kimberley Ranger Forum. Indigenous and heritage. Land Council and a renewed focus rangers travelled from all across on our vision of getting back country, Unfortunately we continue to lose northern Australia for the special looking after country and getting our old people, including sadly two event, which focused on the sharing of control of the future. KLC Directors in the last two years. We conservation and land management honour those who have passed away knowledge, with a particular emphasis It has been my privilege to serve as and look to our younger generation to on biosecurity and protecting KLC Chairman for the past 18 months, lead us into the future. I am particularly Australia’s coastlines. It was incredible especially in 2018 – the KLC’s 40th proud to see the development of our to see so many committed rangers anniversary year. I grew up attending rangers and young KLC members come together to talk about caring for land council meetings and listening and PBC directors who are looking their country and culture. to my elders talk about Aboriginal at new opportunities to better their rights. The KLC has been my education I was honoured to attend the very communities and who are keeping and my inspiration over many years, special Parnkimanu Ngurrara Kimberley Aboriginal culture strong. starting all the way back to the days anniversary in October 2017. of Noonkanbah. Coinciding with the Yanunijarra Aboriginal Corporation AGM, the event Kimberley Land Council 17-2018 Annual Report 7
Throughout 2018 the KLC has been celebrating 40 years of standing up for the rights of Kimberley Aboriginal people. The theme of our 40th year has been ‘walking the long road to justice’and recognises the many triumphs and challenges of our history, and the need to continue our fight to better the lives of Kimberley Aboriginal people.
marked 20 years since the painting was Delivering for the Kimberley Marking 40 years created as evidence for the Ngurrara It has been my great privilege to Throughout 2018 the KLC has been native title claim. It was wonderful to attend two on country native title celebrating 40 years of standing up see how much the Ngurrara people determinations in the reporting for the rights of Kimberley Aboriginal have achieved over the past 20 years, period. The Yi-Martuwarra Ngurrara people. The theme of our 40th year has securing native title and developing a consent determination occurred on been ‘walking the long road to justice’ strong Prescribed Body Corporate. country in March 2018, recognising and recognises the many triumphs and Another major highlight was the the Ngurrara people as the native challenges of our history, and the need staging of the 2018 National Native title holders of approximately 20,000 to continue our fight to better the lives Title Conference in Broome. The KLC square kilometres of country in the of Kimberley Aboriginal people. was announced as the co-convenor of central Kimberley. Held at Ngurtuwarta As part of the celebrations, the KLC the event, together with the Australian Community, outside of Fitzroy Crossing, unveiled a special Noonkanbah Institute of Aboriginal and Torres Strait the determination was handed down photographic exhibition featuring Islander Studies and hosts Yawuru. by Justice Bromberg of the Federal images taken by photographer Michael The event was a huge logistical feat, Court of Australia, and recognised both Gallagher. The images highlight one with the chosen venue being the exclusive and non-exclusive native title of the most controversial land rights challenging but spectacular Cable rights and interests. disputes in Australian history and Beach amphitheatre. Just a few months later hundreds of commemorates the formation of With more than 800 people in people gathered in Beagle Bay for the KLC. attendance, the conference provided a the on country determination of the We have been working hard to tell our significant financial boost for the region Bindunbur and Jabirr Jabirr/Ngumbarl story to the wider public and remind and showcased Kimberley Aboriginal native title claims. The historic our members of where our organisation people and culture on a national judgment recognised the Nyul Nyul, has come from and how much we have stage. I was very proud to speak at Nimanburr and Jabirr Jabirr/Ngumbarl achieved. I look forward to our big the conference opening, discussing people as the native title holders over 40th celebrations which will be held at my experience of native title and the a combined area of approximately Ngumpan in September 2018. work of the KLC. I was also very proud 12,000 square kilometres on the Middle that the KLC was chosen to stage Dampier Peninsula. such an incredible event in our 40th anniversary year. 8 Kimberley Land Council 2017-18 Annual Report
I look forward to a number of upcoming native title determinations expected during the next reporting period, which will see the dreams of KLC Chairman Anthony many of our elders and the Kimberley mob come Watson welcomes delegates to the National to fruition. Native Title Conference, Broome, 2018.
Driving change following a State Government months, who have all brought different announcement that a review of the skills to the KLC Board. Throughout the reporting period, the Act would take place. The ability of the KLC continued to advocate on behalf They are genuine and passionate Aboriginal Heritage Act to protect the of Kimberley Traditional Owners about their country and community, interests of Aboriginal culture, sites and for proposals outlined in the Uluru and I appreciate their continuing people has long been questioned by Statement from the Heart. Despite dedication and contribution towards the KLC. The KLC believes a complete former Prime Minister Malcolm Turnbull achieving outcomes. rewrite of the Act is required, rather rejecting ‘the Voice in the Constitution’ than a piecemeal approach. proposal, the KLC has continued to I would like to thank the KLC members be a strong advocate on the issue of for your continued support and for Looking forward constitutional reform for Aboriginal making the KLC what it is today. To the Australia. In a submission to the Joint The KLC will continue to focus on KLC staff, I say another big thank you Select Committee looking into the its core functions as a Native Title for your tireless work over the reporting matter, the KLC said the ‘Voice’ needed Representative Body progressing native period – the KLC would not be able to lead to economic advancement title claims, supporting Prescribed to achieve the outcomes it does and improved social outcomes for Bodies Corporates, assisting with land without you. Aboriginal people, and that it must be and sea management activities and able to advise on the policies, systems driving the Kimberley Ranger Network. and structures that have resulted in I look forward to a number of upcoming a continuation of the status quo for native title determinations expected Aboriginal people. during the next reporting period, which will see the dreams of many of our Anthony Watson Another important issue for Kimberley elders and the Kimberley mob come KLC Chairman Aboriginal people has been the to fruition. ongoing deficiencies of the Western Australian Aboriginal Heritage Act. I have been very lucky to work with In early 2018, the KLC called for a such committed KLC Directors from complete overhaul of the legislation, across the Kimberley over the past 18
KLC Chairman Anthony Watson, photographer Michael Gallagher and KLC Acting CEO Tyronne Garstone with the exhibition of photographs unveiled at the National Native Title Conference in Broome, 2018. Kimberley Land Council 17-2018 Annual Report 9 Our organisation KLC Board as of 30 June 2018
CHAIRMAN ANTHONY WATSON DEPUTY CHAIR MERLE CARTER CEO NOLAN HUNTER CULTURAL ADVISER WAYNE BERGMANN NYIKINA MANGALA MIRIUWUNG GAJERRONG BARDI JAWI
CULTURAL ADVISER PATRICK MUNG CULTURAL ADVISER JEAN MALAY CULTURAL ADVISER IRENE DAVEY CISSY GORE-BIRCH BALANGGARRA
VALERIE WIGGAN ELIZABETH JINGLE JOY NUGGET GORDON MARSHALL BARDI JAWI KOONJIE-ELVIRE NGURRARA KARAJARRI
GLENN BONNEY GREG TAIT SHIRLEY PURDIE SHIRLEY DRILL KURUNGAL NGARRAWANJI MALARGOWEM PURNULULU
FELICITY SMITH MARIANNE SKEEN FRANK DAVEY ALBERT COX YURRIYANGEM TAAM JARU MAYALA NIMANBURR
BOBETTA ALBERT ELIZABETH LULU MARION DOLBY FRANCIS (LULGA) DJIAGWEEN (dec) JABIRR JABIRR TJURABALAN GOONIYANDI YAWURU permission from family to use image
ROSETTA SAHANNA ALBERT BEVAN CATHERINE GOONACK WILINGGIN NYUL NYUL UUNGUU 10 Kimberley Land Council 2017-18 Annual Report Our organisation Message from the Acting CEO
KLC Acting Chief Executive Officer Tyronne Garstone.
The Kimberley Land Council delivered service providers across the country with the native title party, apply for a significant program of works to consider changes to the Native Title a determination from the NNTT and across the 2017-18 reporting period, Act. In a submission to the Federal proceed to get a determination in including native title claim progression Government, the KLC outlined the their favour. The KLC supported a and determination, PBC support significant imbalance between submission by the NNTC to the Federal and capacity development, a wide native title parties and proponents in Government regarding changes to range of land and sea management relation to Future Act Determination the Native Title Act. The KLC believes activities, as well as social and cultural Applications (FADAs). According to further, more substantial changes are enterprise development. figures available from the National still required to the legislation, so that Native Title Tribunal (NNTT), FADA it can better represent the interests of This work encompasses the KLC’s determinations have favoured the Traditional Owners. vision to get back country, look after native title party in only three out of country and get control of the future. It In 2017, the KLC participated in about 6000 determinations. also sees the KLC on track to meet its the Inquiry into the Social Services strategic objectives outlined in the KLC This disparity in outcomes increasingly Legislation Amendment (Cashless Debit Strategic Plan 2016-2020. erodes any leverage native title parties Card) Bill 2017 through a parliamentary have in agreement-making in the submission and appearing before the During the reporting period the KLC right to negotiate processes. As the inquiry committee in Canberra. The worked closely with the National statistics clearly show, the miners KLC made a number of comments Native Tittle Council (NNTC) and and explorers only have to take part regarding the effectiveness of the other representative bodies and in negotiations, reach no agreement policy, the limitations of evaluation Kimberley Land Council 17-2018 Annual Report 11
reports and the failures of previous In 2017, the KLC secured a major win implementation of the 2016 Fitzroy iterations of income management for Traditional Owners, with the Full River Declaration and urged the policy. The KLC’s submission was Federal Court of Australia ruling that government and industry to support that the Cashless Debit Card was an Australian mining company should the Council. an expensive policy that had been pay court costs of around $200,000 for Another important development during providing negligible benefits in the what was described as “thoroughly the reporting period was confirmation east Kimberley, at the same time as unreasonable conduct” in relation to a that the WA State Government remains worsening the lives of many other native title claim. The judgment sends committed to divesting the Aboriginal community members. a clear message to all companies who Lands Trust (ALT) estate within eight want to do business in the Kimberley After many years highlighting the years. The KLC has welcomed the that holding up or attempting to thwart importance of Indigenous fire promise and the opportunities it native title processes can result in management, the KLC has been presents for Aboriginal communities in serious consequences. named as a leading project partner the Kimberley. However, there remains in a new international savanna fire The KLC also continued to advocate uncertainty about the government’s management project, which will on behalf of Kimberley Aboriginal strategy for delivering on the election export Indigenous fire methods to people to enter into strong native title commitment. The KLC is attempting the world. The ground-breaking agreements if proponents want to to engage with government to push project will see the implementation do something on native title land. An for a regional policy for ALT divestment of savanna burning at a series of example of this has been the ongoing that would benefit all PBCs and native pilot sites in Botswana, southern legal dispute between Sheffield title groups, rather than the current Africa. A KLC delegation attended Resources and the Mount Jowlaenga piecemeal approach. the launch of the new project at COP Traditional Owners. The KLC has In 2018, the KLC welcomed news of 23 in Bonn, Germany, together with continued to provide support to the renewed Working on Country and former Minister for the Environment Traditional Owner group through Indigenous Protected Area funding. Josh Frydenberg and officials from the National Native Title Tribunal and These contracts provide some certainty Botswanan Government. Federal Court processes, so they can for ranger groups into the future have the opportunity to negotiate In other fire related news, the KLC has and allow planning for upcoming an appropriate agreement with the become the first non-government programs of work. The KLC continues mining company. agency in Western Australia to have to support PBCs to take more control its fire management policies and Another major project for the KLC of their ranger programs. In late 2016 procedures endorsed by the Office during the 2017-18 financial year was the KLC and Yanunijarra Aboriginal of Bushfire Risk Management as the facilitation of key discussions Corporation (YAC) announced a meeting international safety standards. around the Fitzroy River, particularly in new partnership that would see KLC’s compliance was recognition relation to government and industry YAC take on the management of its of its ongoing commitment to safety proposals which are expected to have highly successful ranger team. During practices and continual improvement a significant impact on Traditional the reporting period, the KLC has in relation to managing fire related Owners and their native title rights. worked with another two groups, risk. The achievement highlights Traditional Owners gathered in Fitzroy Wunambal Gaambera Aboriginal the significant work the KLC has Crossing to discuss these issues, with Corporation and the Walalakoo undertaken over the years to ensure the meeting culminating with the Aboriginal Corporation, to transition to that we operate at the highest formation of the Martuwarra Fitzroy contractual independence. of standards. River Council. Traditional Owners
re-affirmed their call for the full 12 Kimberley Land Council 2017-18 Annual Report
Over the coming year we expect a number of native title determinations to occur and many new PBCs to be formed, resulting in a significant increase in work in this space.
A continuing major focus for the KLC Personally, it has been a great privilege is the support and development to step into the role of Acting Chief of PBCs in our region. Robust and Executive Officer of such an inspiring resilient Aboriginal corporations are and important Aboriginal organisation key to thriving, prosperous and strong in its 40th anniversary year. The KLC Kimberley Aboriginal communities. has achieved so much since it started The KLC has continued to facilitate PBC in 1978 and I am confident we will Alliance meetings to bring directors continue to evolve so that we can and members together to discuss deliver even more important outcomes, regional issues. Training and capacity and be a strong voice for the Kimberley, development was also delivered to well into the future. PBCs throughout the region in a series of specialised workshops. The KLC The KLC has continued to facilitate PBC Alliance continues to advocate for greater meetings to bring directors government support of PBCs to enable and members together to discuss regional issues. these organisations to adequately meet their reporting and governance requirements. Over the coming year Tyronne Garstone we expect a number of native title Acting Chief Executive Officer determinations to occur and many new PBCs to be formed, resulting in a significant increase in work in this space.
Pender Bay, Dampier Peninsula, the Kimberley Kimberley Land Council 17-2018 Annual Report 13 Our organisation Kimberley Land Council
Yi-Martuwarra Ngurrara Determination, May, 2018.
The Kimberley Land Council is the A representative body has the following functions as are conferred Native Title Representative Body functions: on representative bodies by (NTRB) for the Kimberley region. (a) the facilitation and this Act. assistance functions referred The KLC was first recognised as a The Native Title Act allows the to in section 203BB representative body for the Kimberley Minister to recognise organisations as (b) the certification functions region in 1998, and has retained that “representative bodies” for a period referred to in section 203BE; recognition since then. The following up to six years. Representative bodies (c) the dispute resolution section of the Annual Report provides have duties (functions) and obligations functions referred to in section information on the performance of under the Native Title Act, and are 203BF KLC’s representative body functions in provided with grant funding by the (d) the notification functions the period 1 July 2017 to 30 June 2018. Commonwealth Government each referred to in section 203BG; financial year to carry out those duties Representative body functions (e) the agreement making and obligations. are carried out in accordance with function referred to in section available resources and competing The functions of representative bodies 203BH priorities, however priority must be are set out in section 203B of the Native (f) the internal review functions given to the protection of the interests Title Act. referred to in section 203BI; of native title holders. (g) the functions referred to in section 203BJ and such other 14 Kimberley Land Council 2017-18 Annual Report
During the 2017-18 reporting period, the KLC provided native title assistance to 25 native title claims and 16 PBCs within the Kimberley region.
Facilitation & assistance agreements or resolution of disputes, PBCs functions and other matters relating to native The KLC also provided assistance The facilitation and assistance title. The Principal Legal Officer of the to a number of PBCs in relation to functions of representative bodies are: KLC also provides legal advice and establishment, meeting assistance, representation where requested and (a) to research and prepare native expert advice, resources, and if appropriate. title applications, and to facilitate governance and compliance matters. research into, preparation of and There is a high level of demand for the Native title assistance making of native title applications; KLC to provide assistance to PBCs that and During the 2017-18 reporting period, otherwise have limited resourcing to the KLC provided native title assistance carry out their statutory and corporate (b) to assist registered native title to 25 native title claims and 16 governance functions. bodies corporate (also referred to PBCs within the Kimberley region. as PBCs), native title holders and Throughout the year, the number of Applications for assistance persons who may hold native title claims has fluctuated as some claims Individuals or groups may apply to the (including by representing them have been determined or withdrawn, KLC for assistance in relation to a native or facilitating their representation) and other claims have been lodged. title matter, such as to research and in consultations, mediations, lodge a new native title claim, assist negotiations and proceedings Claims with resolution of a native title dispute, relating to the following: or assist with agreement-making. The (i) native title applications All the native title claims the KLC provides facilitation and assistance KLC Native Title Grants Committee is a (ii) Future Acts to are important, but with the limited subcommittee of the KLC Board which (iii) Indigenous Land Use Agreements resources available, not all claims considers and makes a decision on or other agreements in relation to can be progressed at the same time. applications for assistance. native title Claim priority assessment determines In the reporting period, the KLC (iv) rights of access conferred under the direction of organisational received eight applications for the Native Title Act or otherwise activities. The prioritisation of claims assistance. Seven of those applications (v) any other matters relating to is informed by, but not limited to, were considered and decided on by native title or to the operation of resourcing considerations, Federal the Native Title Grants Committee. One the Native Title Act. Court case management priorities, and application for assistance (received The KLC carries out its facilitation and the availability of suitably qualified late in the reporting period) will be assistance functions by allocating consultants such as anthropologists. considered by the Native Title Grants resources to native title claim groups Committee when it next convenes. to progress their native title claims, to PBCs, for the negotiation of Kimberley Land Council 17-2018 Annual Report 15
The KLC certified three new native title claims in the reporting period, two of which were lodged before 30 June 2018.
Certification functions The KLC facilitated mediations under It is a requirement of the Native Title The KLC’s representative body its dispute resolution functions Act for the KLC to make all reasonable functions include certifying that native between native title claim groups on efforts to minimise the number of title claims and Indigenous Land Use two separate disputes and within a overlapping native title claims. The Agreements (ILUAs) have been properly native title group on a third matter. The dispute resolution function provides authorised by native title holders KLC also facilitated dispute resolution an important mechanism for the or claimants. for two Registered Native Title Body KLC to meet its responsibilities for Corporates (RNTBCs). streamlining native title processes and The KLC certified three new native improving certainty for parties involved The existence of disputes can have title claims in the reporting period, in native title matters. two of which were lodged before 30 a significant detrimental impact on June 2018. the ability of Traditional Owners to Notification functions exercise their native title rights and The KLC ensures that native title The KLC certified two ILUAs in the interests, or to have those rights and holders and claimants are informed reporting period. One of these ILUAs interests recognised. about any Future Act notices that are was registered before 30 June 2018. A received and could potentially affect further nine ILUAs were registered in The process for achieving successful native title rights and interests. The KLC the reporting period, one of which had native title determinations often works to provide advice to native title been certified by the KLC earlier than 1 raises difficult questions for claimants. holders and claimants while informing July 2017. Disputes may arise, particularly where the relationship between the Native them of relevant time limits in which to One ILUA certified by the KLC prior to Title Act and traditional law and respond to any of these notices. the start of the reporting period failed customs is not clear. As a result, the The KLC also has its own internal the registration test in the reporting KLC may be called upon to assist in notification process for informing period because of objections made by resolving disputes. native title holders and claimants a member of the native title group. The of claim group meetings. The KLC KLC and the Applicant for that native For example, the existence of a dispute endeavours to keep extensive and title group are seeking a review of the might have a negative impact on: up-to-date claim group member lists decision not to register the ILUA in the • registering a determination and contact details. Native title holders Federal Court. application (because of adverse impacts on certification or and claimants are notified of meetings Dispute resolution functions authorisation processes) through posted and hand-delivered letters, emails, phone calls, the posting It is the KLC’s policy to endeavour to, • responding to Future Acts of notices on public boards throughout wherever possible, resolve all disputes • obtaining a determination of native title the Kimberley, Facebook, posting relating to native title applications by • priority for assistance. of notices on the KLC website, and consultation at claimant meetings and advertising in local newspapers. during the course of claim preparation.
16 Kimberley Land Council 2017-18 Annual Report
Saddle Hill, Karajarri country.
Agreement making function and people who may hold native title Committee assesses the application The KLC represents many native title to seek a review of the decisions and and determines if the decision made claim groups and PBCs in negotiations actions of the representative body, and by the NTGC was fair and proper. If relating to matters such as post- this process must be publicised. the applicants are still not satisfied, determination land management, they can make an application to Internal review - applications heritage protection agreements, and have the decision reviewed under for assistance commercial land uses by third parties. the Administrative Decisions (Judicial The KLC’s internal review process in The KLC has been extremely successful Review) Act 1977 (ADJR), and s203FB of relation to applications for assistance is at negotiating positive agreements on the Native Title Act (1993). set out in the Guidelines for Assistance behalf of Traditional Owners. There were no internal reviews of in Native Title Claims, which is Further information on the KLC’s applications for assistance in the available in hard copy from the KLC, performance of its agreement making reporting period. and information regarding the process functions is provided in the section can also be found on the KLC website below on ILUAs. Internal review - complaints (www.klc.org.au). A decision on an KLC’s internal review process in relation application for assistance is made by a Internal review functions to decisions or actions of the KLC Native Title Grants Committee (NTGC). The internal review functions of is dealt with through a complaints Applicants can seek a review of a representative bodies require that they process. Complaints are ordinarily decision made by a NTGC. In response have a process in place for PBCs, native referred to the CEO for assessment to applications for review, a Review title claimants, native title holders, and response, or referred to the KLC Kimberley Land Council 17-2018 Annual Report 17
Board, depending on the nature of The KLC has entered into arrangements research and community consultations the complaint. with Central Desert Native Title before a native title claim is lodged, Services (and its predecessors) for the and in preparing connection material There were four complaints received representation of native title claimants for a native title claim. KLC also in the reporting period. Three were in the south of the Kimberley region provides assistance where possible resolved and one was withdrawn. whose traditional country extends and practicable to PBCs who need to into both the Kimberley and Central identify common law holders in order Other functions Desert region. No activities relevant to to exercise their statutory functions Other functions of representative these arrangements occurred during under the Native Title Act and Native bodies are set out in section 203BJ the report period, however informal Title (Prescribed Bodies Corporate) of the Native Title Act. These other engagement occurs as required with Regulations 1999 (Cth). functions, and KLC’s performance Central Desert Native Title Services, against them, are set out below. Take appropriate action to promote the Central Land Council, Northern understanding among Aboriginal Enter into written arrangements Land Council, and Yamatji Marlpa people living in the area about native with other representative bodies so Aboriginal Corporation. title, and inform PBCs, native title that the representative body can Identify persons who may hold native holders, and people who may hold exercise its facilitation and assistance title in the area for which the body is the native title about matters which functions and co-operate with other representative body. may impact native title, and consult representative bodies for the purpose with Aboriginal communities about of promoting the effective and efficient KLC undertakes these functions as a matters which are being dealt with by exercise of the functions and powers of matter of course in conducting the the representative body which may representative bodies. affect them. 18 Kimberley Land Council 2017-18 Annual Report
The East Kimberley Engagement Strategy also provided a vehicle for the KLC to improve its communication with communities and councils impacted by its activities.
In the reporting period, the KLC The KLC regularly publishes newsletters NTRB Activity Summary implemented an East Kimberley and claims updates to inform people Engagement Strategy to inform the who may hold native title, as well as Compaints & Disputes broader east Kimberley community the broader Kimberley community, of Complaints and service providers of the role of the matters relevant to native title in the KLC and the progress of native title Kimberley region. Received 4* claims in the region. Resolved 3 In addition, the KLC communicates to The East Kimberley Engagement native title claimants, PBCs and the Pending 0 Strategy also provided a vehicle for the wider public via its website and social Disputes KLC to improve its communication with media channels, and by speaking communities and councils impacted by publicly on issues impacting native Native Title Application disputes 3 its activities. title, which are of importance to Aboriginal people. Disputes relating to ILUAs, right of 2 In the reporting period the KLC access & other matters also provided advice to native title claimants and PBCs on impacts on Requests for Native Title assistance native title of future development activities around the Fitzroy River, Requests and facilitated meetings which led to Received 8 the establishment of the Martuwarra Lizard in monsoon vine thicket, Bardi Jawi Country Fitzroy River Council. Completed - Assistance Granted 7
Completed - Assistance Not 0 Granted
Pending a decision 1
Requests for a review of decisions not to assist Requests Received 0 Completed 0 *During the reporting period a total of four complaints were received. Three were resolved and one complaint was withdrawn. Kimberley Land Council 2018-18 Annual Report 19
The KLC board recognises the importance and significance of native title material to native title claimants. The Transfer of Native Title Materials Policy was developed to assist groups and the KLC to appropriately transfer materials to native title holding groups such as PBCs.
Transfer of native title materials Traditional Lands Association RNTBC legal advice, expert anthropology The KLC holds a significant collection (KTLA). Several workshops are expected services, cultural services, mediation, of material from many years of to be held during the 2018-19 financial and other services including corporate undertaking native title claim work, as year to progress the transfer of these and financial. materials to KTLA. The successful well as community-based research that Native title consultant and service transfer of the material will assist KTLA was done prior to the commencement contracts’ expenditure (including in their management of the Karajarri of the Native Title Act. externally represented matters) for native title determination country. the 2017-18 reporting period totalled The KLC Board recognises the $1,205,626. The KLC awarded seven importance and significance of native Consultants and contracting contracts to matters that are externally title material to native title claimants. The Native Title Act permits represented (that is, where the KLC The Transfer of Native Title Materials representative bodies to brief out Principal Legal Officer did not provide Policy was developed to assist groups activities, and enter into arrangements legal representation) which accounted and the KLC to appropriately transfer and contracts to obtain services, for $511,796 in total. materials to native title holding to assist it in the performance of its groups such as PBCs. The purpose of representative body functions. These Where the KLC is instructed by a native the Transfer of Native Title Materials types of contracts and arrangements title group or PBC to act on its behalf in Policy is to provide transparency range from engagement of experts such commercial negotiations, and the KLC and appropriate safeguards relating as anthropologists and historians, to does not have the necessary capacity to confidentiality and culturally the appointment of agents to provide or expertise, the KLC’s preferred service appropriate management of materials, legal services where the KLC does provider is KRED Enterprises and KRED and for the transfer of those materials not have the necessary capacity or Legal trading as Arma Legal. Further to PBCs at the conclusion of a native expertise, to contracting for logistics information on KRED Enterprises and title claim. The process provides and project support. Arma Legal is provided later in this support to groups on how they might report. This preference for service In the reporting period the KLC have materials transferred, how a provider is based on the significant awarded 27 contracts to provide group might want to manage and look expertise and experience housed within services relating to representative body after the materials, and how materials KRED Enterprises and Arma Legal in functions, and issued variations on 20 might be accessed in the future. representing the interests of native title existing contracts awarded in previous holders, the competitive rates charged, The Transfer of Native Title Materials financial years. Consultants were and the significantly better outcomes Policy is being implemented in a pilot contracted to undertake a range of secured by KRED Enterprises and Arma project with the Karajarri PBC, Karajarri services for the KLC including providing Legal in these types of negotiations. 20 Kimberley Land Council 2017-18 Annual Report
There have been 32 successful native title determinations in the region to date and there are a total of 16 RNTBCs (PBCs) that hold on trust or manage as agent the native title rights and interests recognised under these determinations.
The KLC has been extremely Assisted Assisted - Assisted Not Region successful in achieving positive A. Applications 2017-18 - Briefed Represented - Other Assisted Total native title outcomes for Kimberley Out Aboriginal people. At the end of the Active Applications @ 30 June 2017 22 3 2 27 reporting period, approximately Active Applications @ 30 June 2018 22 1 2 25 80 per cent of the Kimberley New applications filed (1 July 2016 was determined native title land to 30 June 2017): and waters. - new claims 1 - replacement claims 2 There have been 32 successful native title determinations in the Applications amended 1 July 2017 region to date and there are a total to 30 June 2018 of 16 RNTBCs (PBCs) that hold on trust or manage as agent the native Applications finalised 1 July 2017 to 30 June 2018 title rights and interests recognised - Determinations: NT exists 2 1 under these determinations. The - Determinations: NT does not exist KLC continues to provide support - Dismissal 1 services to PBCs. During the reporting - Strike out period, this support took the form of - Withdrawal 1 funding support to 13 PBCs, as well - Other (identify) as certification functions and Future Total Applications finalised 1 July Act support where requested. 2017 to 30 June 2017 B. Determinations Total Determinations in region to 30 June 2018 (ie all up) - NT exists 31 1 32 - NT does not exist
C. PBCs as at 30 June 2018 Agent Trustee Total Number in Region 16 Number yet to be established (ie 3 Determination, but no PBC as yet) Number assisted by NTRB Kimberley Land Council 2017-18 Annual Report 21 Our organisation Executive roles and responsibilities
KLC Board
KLC CEO
KLC DCEO
Corporate Finance Legal Native Title Land and Sea Cultural Enterprise Services Unit Unit Unit Services Unit Management Unit Development
Board of Directors provide expert cultural advice and offer Director training and support and guidance. development Our directors are elected by our members to represent the interests of Directors are elected to the Board In October 2017, a KLC Director Kimberley Aboriginal people. Members every two years, with the next election attended the 3rd International are only eligible to be a director by occurring in September 2018 at the KLC Conference on Scaling-up Global being nominated by a Registered Annual General Meeting to be held in Efforts to Secure Community Land and Native Title Body Corporate (PBC) or Ngumpan community. Resource Rights in Stockholm Sweden. members of a native title claim group. The Chair and Deputy Chair are In June 2017, a large number of KLC There is a maximum number of 32 responsible for making sure the KLC Directors attended the National directors that can sit on the Board, functions effectively. They provide Native Title Conference in Broome including four cultural advisers. leadership to the KLC, the Board of to represent the organisation and The KLC Board of Directors provides Directors, the CEO and staff. They also take part in a number of sessions and leadership and direction to the act as the organisation’s spokespeople workshops addressing the current organisation and ensures it operates and the interface between the KLC and issues and trends in native title and properly and fairly on behalf of all its the broader community. PBC development and capability. members. At the end of the reporting The KLC Board of Directors meets a period, the Board of Directors minimum of four times a year to set the comprised 26 people representing the direction of the organisation, establish majority of native title claim groups priorities, and direct the development and PBCs across the Kimberley. Four of the strategic and operational plans. cultural advisers are included as part of the board and work with directors, members and Traditional Owners to 22 Kimberley Land Council 2017-18 Annual Report
KLC directors meeting, Fitzroy Crossing.
KLC BOARD OF DIRECTORS ATTENDANCE JULY 2017 TO JUNE 2018
Executive Director Executive Director * Period: July 17 - June 18 No. of meetings (out of 4) Bobetta Albert 4 Kathy O’Reeri *Resigned as Director September 2017 0 Anthony Watson (Chairman) 4 Elizabeth Lulu 2 Merle Carter (Deputy Chair) 4 Gordon Marshall 4 Albert Cox 4 *Mr. Djiagween 0 Cecilia Gore-Birch 4 Elizabeth Jingle 4 Valarie Wiggan 3 Greg Tait 4 Shirley Purdie 2 Shirley Drill 2 Frank Davey 4 Marion Dolby 3 Joy Nugget 1 Glenn Bonney 0 Marianne Skeen 3 Albert Bevan **Appointed as alternate Director July 2017 4 Felicity Smith 1 Nolan Hunter 3 Irene Davey - Cultural Adviser 3 Wayne Bergmann - Cultural Adviser 3 Patrick Mung - Cultural Adviser 1 Jean Malay - Cultural Adviser 3 Executive Director * newly elected to the board during the reporting period Executive Director *Period: September 17 - June 18 No. of meetings (out of 2) Rosie Sahanna 2 Catherine Goonack 0
*Mr Djiagween sadly passed away during the reporting period. Kimberley Land Council 2017-18 Annual Report 23 The KLC has an effective corporate governance structure that enables the organisation to deliver on its Joy Nugget, Marion Dolby, Jean Malay mandate and achieve native and Merle Carter, KLC title outcomes for Kimberley directors meeting. Aboriginal people.
KLC directors meeting, Fitzroy Crossing.
Corporate governance River Station, Kalumburu, Warmun, In December 2017 the KLC Board Mulan, Bayulu, Fitzroy Crossing, of Directors formally approved CEO The KLC has an effective corporate Jarlmadangah, Bidyadanga, Beagle Bay Nolan Hunter to take leave to join governance structure that enables the and One Arm Point. Westpac head office in Sydney for 2018. organisation to deliver on its mandate This was part of a leadership reverse and achieve native title outcomes for The KLC acknowledges the support secondment facilitated through Jawun Kimberley Aboriginal people. of the Department of Prime Minister and its corporate partners, to gain good and Cabinet and other funding bodies Working under the direction of the business acumen and skills to bring which support the KLC in operational Board are the Chief Executive Officer back to Kimberley Aboriginal people and activity-based programs. However, (CEO) and Deputy CEO, who are and the KLC. the KLC continues to struggle to assisted by a management team. reduce ever-increasing costs amid a Mr Hunter has been working closely The CEO is responsible for the day lack of resources. Holding on-country with the head of Westpac’s Agribusiness to day operational matters and meetings and providing travel and in Australia and has also had the administration of the organisation. accommodation arrangements for opportunity to work in other areas to Senior managers have responsibility for Traditional Owners, directors and understand Westpac’s commercial the operational teams which carry out staff continues to be challenging, business strategies. the organisation’s work. particularly when working in remote In recent years Mr Hunter has had The senior management team meets parts of the Kimberley. significant involvement with the regularly to review progress and ensure Northern Australia Development any upcoming or potential issues are KLC management team process engaging with Austrade, has dealt with to reduce any financial or The KLC management team is advised Indigenous Business Australia operational risk. responsible for the management of on their investment portfolio, and staff and organisational performance. Stringent financial and operational worked closely with David Murray The CEO of the KLC is responsible procedures are maintained and applied (previously CEO of the Commonwealth for the day-to-day operational and to make sure the organisation is Bank in Australia and inaugural administrative management of the effectively managed. The KLC employs chairman of Australia’s future fund) on organisation, including overseeing a Chief Financial Officer, who is a the development of the Indigenous the operations of the Deputy CEO, Chartered Accountant and forms part of Economic Development Principles. corporate services, financial, legal, land the KLC’s senior management team. This, together with his work with the and sea management, and native title The KLC has its head office in Broome KLC Board on the business modelling service units. The CEO is the interface and branch offices in Derby and for the KLC Cultural Enterprise Hub, is between the Board of Directors and KLC Kununurra as well as remote area all aimed at facilitating enterprise and staff. The CEO also works to achieve the ranger bases in Wyndham, Gibb economic development opportunities strategic aims of the organisation. 24 Kimberley Land Council 2017-18 Annual Report
All Kimberley Land Council employees are required to maintain high standards of honesty, integrity and respect while behaving in an appropriate and fair manner.
for Kimberley members to reduce the scales within the document relate to Ethical standards current gap in social and economic a performance assessment scheme All Kimberley Land Council employees circumstances and further support the and staff performance is reviewed on are required to maintain high standards KLC’s vision to ‘get control of the future’. an annual basis. Nine employees from of honesty, integrity and respect During this time, Tyronne Garstone was within the executive management team while behaving in an appropriate and appointed Acting CEO. were paid more than $100,000 in the fair manner. reporting period. At 30 June, 2018: Employees conduct their work Tyronne Garstone Risk management in accordance with the ethical Acting CEO Understanding the risks we face and standards relevant to their particular managing them appropriately will professions and codes of conduct. Staff Sarah Parriman enhance our ability to make better performance guidelines are included in Acting Deputy CEO decisions and deliver on our aims the KLC’s policies and procedures and the KLC Code of Conduct. Peter Logvyn and objectives. Chief Financial Officer The Board of Directors is ultimately External scrutiny Kevin Murphy responsible for risk management An annual financial audit was Principal Legal Officer and it approves the organisation’s conducted by Moore Stephens WA risk appetite as recommended by Pty Ltd and can be found in the Erika Blades the senior management team and Financial Statements section of this Native Title Services Manager must regularly review, approve and Annual Report. maintain oversight of the organisation’s Tanah Tang-Wei Acting Corporate Services Manager risk management policy. The Board Service charter standards receives updates about key risks, The KLC has no service charter Sarah Parker changes in risks and emerging risks. or customer service standards Human Resources Manager The senior management team is but uses a process of complaints
responsible for devising the activities, management instead. Will Durack services and projects necessary to Land and Sea Management Unit manage risk. The management team Detailed information on how a Manager meets regularly to review progress and complaint can be made and managed, Adriadne Gorring identify upcoming issues and regularly is publicly available and can be found Strategic Business Development Officer reports back to the Board of Directors. on the KLC website at www.klc.org.au/ The KLC is proactive in identifying complaints. Salary levels & award potential financial and operational Remuneration of all KLC staff members issues to ensure appropriate action is determined by the KLC Enterprise is taken to minimise or exclude Agreement, which is registered and those risks. approved by Fair Work Australia. Salary Kimberley Land Council 2017-18 Annual Report 25 OurKIMBERLEY organisation LAND COUNCIL StrategicSTRATEGIC Plan PLAN 2016-2020 2016-2020 all Native Title c ise laim al d empo s L Fin al an were o Vision y ion d P o ct BC tr un s k n F a u f Vision: t o e c Ranger Native Title r “The Kimberley Land Operations k Claim c Services c Monitoring o a & Evalua- Council is a community tion u b Native Title m Gro n lai up Grant & Future t organisation working for and t C s Contract Acts r e Manage-
ment y P with Traditional Owners of G r
Traditional e e Owners t Economic Legal & s a & Enter- Policy c r the Kimberley, to get back r o prise i p b r Develop- ed o ment country, to look after country, Bodies C Political Business and to get control of our Advocacy Development Future Acts Governance S s s future.” t ht n F re g o in n ri ti a gth le a nc ene e Tit er ia d Nativ op lly LC sustainable K Ge re t c utu ontrol of our f KLC’s Strategic Objectives Strategic Plan 2016-2020 • Notication functions, As claim resolutions increase and As we move into the third year of providing advice on PBCs develop, the KLC’s Strategic Strategic Objective Objective Description Services our four-year Strategic Plan, the KLC Future Acts Plan, in accordance with a developed continuesFinalise to all worknative towardstitle claims achieving its All claims• overFacilitation land in the Kimberleyand assistance region are for • supportframework activities for that operational assist traditional planning, owners to resolved. Annual General Meetings getwill native guide title KLC’s over their engagement traditional lands with PBCs key objectives. • provide high standard Native Title Representative • Dispute resolution Bodynow (NTRB) and services well into the future. The KLC prides itself on being highly • Native Title compensation Functional and empowered prescribed body Prescribed body corporate board members are • developEach and and put every in place employee processes that of assist the engagedcorporates with its members and able to meetclaims their statutory and Indigenous requirements andLand Traditional Owners to make and carry out secure positive outcomes for their members from decisionsKLC should that affect know their howown futures, the work and the they stakeholders and as being responsive native title.Use Agreements futures of their communities and society and flexible in its operations to meet • supportconduct and facilitate contributes negotiations to the with Strategic third parties to make sure Traditional Owners are well new challenges and opportunities. Supplementary to the KLC’s NTRB placedPlan. to makeTo help informed provide decisions this about link devel the- KLC opment on their lands statutory functions, the KLC also • assisthas Traditional developed Owners an to Operational develop and put Planin While the core function of KLC native engages with PBCs and native title placethat agreements provides with a otherhigh parties level overview • undertake activities that assist and support title work is to resolve native title groups on a range of land and sea opportunitiesof KLC operations, that allow Traditional and links Owners together to make an economic living from their lands claims, the KLC continues to provide management projects that support planning, service delivery and ongoing an increasingFinancially sustainablelevel of support KLC operations services nativeThe KLC title is able rights to meet and the priorityinterests. needs Projectsof its • enhancemonitoring the opportunities and reporting. for fee for service constituents and has the resilience and adapt- work through improved costing of service to PBCs. canability be to directed respond to anda changing initiated legislative, by the policy delivery and funding sources, whilst caring for staff and • establishAs a continuation new capability for ofgenerating this, the income KLC has PBC,environment and are then managed and from on-country activities (Enterprise Develop- The services provided are broadly also developed Unit and Individual delivered by KLC. ment Hub) identified under the KLC’s statutory • processesPlans forthat managing support money, the managing organisation’s infor- mation, and communicating functions as a Native Title Focal projects have included: • processesstrategic for looking and operational after and managing plans. staff It is Representative Body (NTRB) and • ensure sufficient funds, office facilities and • Rangers equipmentan important to support time efficient for theand KLCeffective to look can include: operations • Fire management • buildat stronghow werelationships adopt awith more governments coordinated and • Agreement making. Inclusion other parties • Indigenous Protected Areas approach to KLC service delivery. of consultation of native title • Threatened species holders, informed consent and • National Heritage Listing authorised certification • Carbon trading 26 Kimberley Land Council 2017-18 Annual Report
Our organisation Human Resources
2017-18 EMPLOYEE DEMOGRAPHICS
Indigenous Male Non Indigenous Male Indigenous Female Non Indigenous Female
60% 48% 52% 50%
40% 25% 30% 30% 20% 27% 10% 18% 0%
Since 30 June 2017, the KLC saw our STAFF NUMBERS JUNE 30, 2016* Staff turnover and retention workforce increase by 12 per cent with For the reporting period the KLC saw 121 people employed as of 30 June June June June an annualised turnover of 13 per 2018. 30, 30, 30, 2016 2017 2018 cent which is a decrease from 2016- 48 per cent of our workforce is Full time 88 90 97 17. During this time, there were 25 Indigenous. We aim to continue to Part time 15 18 24 new starters with 56 per cent being Male 59 59 65 see growth in this area and will look Indigenous men and women. Female 44 49 56 to build on strategies to increase the The staff turnover rate at the KLC Under 25 3 2 4 capability of Indigenous people to regularly fluctuates depending on Indigenous 48 49 58 support recruitment activities. projects the organisation is managing. Total 103 108 121 Employees The KLC also facilitates the Kimberley Indemnity insurance Ranger Network which employs about KLC staff are covered for professional 80 full-time rangers annually as well as *This figure does not include Kimberley Group indemnity insurance to the value of a number of administrative and regular Training rangers or casual staff $10 million. casual rangers. Kimberley Land Council 2017-18 Annual Report 27
The KLC continues its partnership with the Aurora Project and staff continue to be involved in training opportunities directly related to native title, including courses and conferences such as native title compensation, lessons learned in native title litigation and the environment.
The 2014-2017 EA had a nominal expiry date of July 2017. Following extensive preparation, negotiations with employee representatives commenced in October 2017.
The group worked on a path forward so the EA and employment conditions would continue to be seen as positive and KLC would remain an employer of choice, while ensuring salaries and benefits do not to continue to grow while funding remains unchanged, or even reduced. The key areas of reform Jaime Parriman, Paul Treacy and Arun Sidharthan at the National Native Title Conference, Broome. for the negotiations included:
Learning and development As part of attaining their practice 1. Linking the EA to the strategic The KLC is committed to providing certificates, KLC Legal Team members intent of the organisation. learning and development are required to attend compulsory 2. Creating a fairer EA for all opportunities to our employees. professional development. The KLC employees (everyone will be In 2018 the Senior Leadership Group continues its partnership with the able to take advantage of each of have looked to formalise and build Aurora Project and staff continue to the benefits). into their regular routines a succession be involved in training opportunities 3. Reward performance. planning process with a strong focus directly related to native title, including 4. Simplify some of the clauses that on Indigenous employees. To assist courses and conferences such as should be part of KLC’s policies with this we have developed a new native title compensation, lessons rather than embedded in the EA. Performance Review Process called the learned in native title litigation and the Following a majority “yes” vote, the Individual Planning and Performance environment. proposed 2018 Enterprise Agreement (IPP) Process, which has a strong focus is currently with the Fairwork on employee development, looking KLC Enterprise Agreement Commission for processing. Until the at how we can best utilise our internal An Enterprise Agreement (EA) sets agreement is ratified, the Kimberley talent rather than relying on external out the terms and conditions of Land Council Enterprise Agreement training courses. employment and is registered and 2014-2017 will continue operating approved by Fair Work Australia. within the organisation. 28 Kimberley Land Council 2017-18 Annual Report
Caring for the health and safety of our people and the environment in which we work is important to the Kimberley Land Council.
For the reporting year of 2017-18 • Closure of four workers the KLC was also compliant with compensation claims. the Workplace Gender Equality Act • Safety investigation training 2012 (Act). to build incident investigation capacity within the organisation Workplace health and safety to significantly improve the close Caring for the health and safety of out of reported workplace hazards/ our people and the environment in incidents. which we work is important to the KLC. • Implementation of a vehicle safety In October 2017, the KLC appointed system, which consists of a GPS Mirrika Councillor to the position of tracking system and roll-over alert Health and Safety/HR Advisor to assist system to provide a safer working with providing Health and Safety environment and quick response support at a corporate level looking time for KLC staff. at reporting, governance, and policy • Establishment and development and procedure guidance. Over the of the Broome office fire last eight months the KLC has looked emergency evacuation team at ways to continuously improve risk and all staff training in fire management systems and develop extinguisher operations and a positive safety culture. Some of the emergency evacuation. highlights include: • Workshop safety goals at the all staff workshop to build a safety • National Safework October created culture and commitment from the platform to positively promote all employees. safety within KLC through lunch and learn sessions of nutrition, mental health awareness, and the establishment of KLC safety awards. • Significant improvements in Safety award winning staff Albert Cox and Zack Wunke hazard identification and incident with Health and reporting. In the past year we have Safety/HR Advisor seen 52 recorded incidents, 13 high critical incidents and 2 lost time injuries. Kimberley Land Council 2017-18 Annual Report 29
Performance Report Native Title
Middle Dampier Peninsula Native Title, May, 2018
Significant events and changes region to be determined by the Federal 2. Future act litigation: Mt Jowleanga Court solely because of a dispute ‘good faith’ negotiations with 1. Middle Dampier Peninsula Native between Indigenous parties. The Sheffield Resources & Mayala Title Claims KLC has a further two claims in the compulsory acquisition Traditional Owners and the KLC were process of heading to litigation on the The KLC supported Mt Jowleanga successful in the first litigated native basis of dispute between Indigenous Traditional Owners to bring a landmark title claim in the Kimberley in a decade. parties. This is a trend which is likely appeal against a decision of the The Middle Dampier Peninsula trial to continue in the immediate future, National Native Title Tribunal, which came to a successful conclusion in May as claims are made or progressed has reshaped the law relating to 2018 with a determination on country over areas where different Traditional negotiation in good faith. The decision, in Beagle Bay. The native title of the Owner groups assert interests which made by a Full Bench of the Federal Jabirr Jabirr/Ngumbarl, Nyul Nyul and have not been resolved to date through Court, found that companies are still Nimanburr peoples was recognised by community-based consultations. required to negotiate in good faith even Justice North after a trial which ran for after they have applied to the Tribunal This trend will have an impact on almost two years in total. for a determination that an act may activities and resourcing in the future, be done. The question of whether as matters which cannot be resolved The litigated claims in the Middle Sheffield Resources has negotiated in by agreement will require a greater Dampier Peninsula region are the good faith was remitted to the National allocation of the limited native title first litigated claims in the Kimberley Native Title Tribunal. funding allocated to the KLC. 30 Kimberley Land Council 2017-18 Annual Report
THE MINISTER FOR ABORIGINAL AFFAIRS LAND TENURE REFORM ROUNDTABLE, JUNE 2017, BROOME Purnululu National Park, the Bungle Bungles.
The KLC also supported Mayala proponent to address all the impacts of 3. Land Administration Act Litigation: Traditional Owners to successfully compulsory acquisition. Balanggarra v State of Western oppose the compulsory acquisition Australia The experience of negotiating of native title over Barnicoat Island. agreements for both the Mt Jowlaenga Prior to the reporting period, in April The State Government was intending and Mayala claim groups are an 2017, the KLC commenced legal action to extinguish native title over the indication of the native title system on behalf of Balanggarra Aboriginal island in order to grant a lease to which does not go far enough to Corporation RNTBC (BAC), to ensure Marine Produce Australia (MPA), who protect the interests of Traditional the proper recognition and treatment operate a barramundi fish farm in Owner groups to reach reasonable of native title rights following a Cone Bay. Mayala had no choice but to outcomes in how development is determination of native title. negotiate with MPA, because the State undertaken on their country. It has only Government made it clear that if there BAC undertakes fire management been through the examples made by was no agreement, the government on areas of country where exclusive these challenges in the Federal Court would take the land away from Mayala possession native title has been that the native title groups have been through a compulsory acquisition. recognised by the Federal Court. The able to demonstrate an unfair playing In KLC supporting Mayala to take the fire management is done primarily field when it comes to negotiations. matter before the National Native Title by Balanggarra Rangers (native title The KLC wants to see reforms to Tribunal, it was found that the State holders), with logistic and project the Native Title Act that redress the Government had failed to negotiate support provided by the KLC. The fire inequity in how Future Act application in good faith about the compulsory management generates carbon credits determinations are made, with a acquisition, and required the parties which help cover the costs of the on- record proportion made in favour of to continue negotiating. The Tribunal’s country burning. the proponent (98 per cent) and a very decision was significant because it small minority being made in favour of said that the State Government can no The State required BAC to obtain Traditional Owners. longer just rely on the development the permission of the Minister Kimberley Land Council 2017-18 Annual Report 31
Purnululu National Park, the Bungle Bungles.
for Lands before accessing their recognised, Traditional Owners will still then, the State and Commonwealth exclusive possession country for need to take actions to defend those Governments have made legal the fire management activities, and native title rights. arguments in a number of native title threatened that BAC or Balanggarra claims which reduce the effect of native title holders (as well as KLC 4. Tjiwarl and Ngurra Kyanta section 47B. This has had a negative staff) could be prosecuted under the Section 47B of the Native Title Act impact on native title claimants, Land Administration Act 1997 (WA). BAC is a ‘beneficial provision’ which is because fewer areas of country commenced legal action against the supposed to reduce the negative are being recognised as exclusive State Government seeking declarations impact of historic extinguishment of possession under section 47B. from the Federal Court that permission native title. Section 47B states that, if Two native title claims where the State was not required for BAC or native title native title has been extinguished in and Commonwealth have argued holders to enter exclusive possession an area of land in the past but at the against the application of section native title lands for fire management time a native title claim is lodged it is 47B are Tjiwarl and Ngurra Kyanta. activities. The State Government unallocated Crown land, then the past In these cases, the Full Court of the immediately conceded that it was extinguishment can be ignored and full Federal Court held that section 47B wrong to threaten prosecution, and (exclusive possession) native title can did not apply to any country that was native title holders did not require the be recognised. covered by an exploration licence or a permission of the Minster to access petroleum interest. These decisions areas where exclusive possession Several years ago, the State had a negative impact for native title native title had been recognised by the Government asserted a right claimants, because they meant that Federal Court. to compensation against the Commonwealth government under the large areas of country could not be This action was an important reminder Australian Constitution for the effect recognised as exclusive possession. to both government and native title of section 47B on its interests. Since holders that, even after native title is
Native title claim updates 32 Kimberley Land Council 2017-18 Annual Report
Establishing the Ambooriny Burru Foundation was another step towards fulfilling a long-term vision of Kimberley Aboriginal people to get control of their future through increased opportunities and economic independence.
When the Full Court of the Federal amphitheatre of Cable Beach, Broome. As noted in the section on Consultants Court made its decisions in the Tjiwarl The KLC provided planning and and Contracts, KRED Enterprises and and Ngurra Kyanta claims in February logistical expertise, and significant Arma Legal are one of the service and March 2018, the State Government human resources throughout the providers the KLC engages to provide backed away from agreements to lead up to and week of the event. services for commercial agreement recognise exclusive possession native The conference was a huge success making in cases where the KLC does title in two consent determinations and highlighted the ability of the not have the necessary capacity or that had already been agreed in KLC to stage highly organised and expertise to provide those services principle. The Tjiwarl and Ngurra professionally executed national to its clients. Also, as noted above, Kyanta decisions have been appealed events. KRED Enterprises and Arma Legal are to the High Court. The KLC’s concern KLC’s preferred service providers in is that this State Government used the 6. KRED Enterprises these types of matters because of the decisions as a justification for backing In March 2011, the KLC established very strong track record, specialist away from agreements to recognise Ambooriny Burru Foundation, expertise and services offered, and exclusive possession. This response a charitable venture to facilitate competitive rates. is very disappointing and indicates Kimberley Aboriginal people’s KRED Enterprises and Arma Legal a lack of support for recognition of engagement in the expanding are also engaged directly by native strong native title rights by agreement. regional economy. title groups in the Kimberley and The KLC is continuing to call for better elsewhere throughout Australia. It is support for strong native title by the Establishing Ambooriny Burru up to individual native title groups to State Government. Foundation was another step towards fulfilling a long-term vision of Kimberley decide if they want to use the services 5. Native Title Conference Aboriginal people to get control of their of KRED or not. KLC does not have any involvement in, and cannot report on, In June 2018, the KLC co-convened future through increased opportunities these direct engagements. the National Native Title Conference and economic independence. together with the Aboriginal institute Ambooriny Burru Foundation in turn Future Acts for Aboriginal and Torres Strait Islander established KRED Enterprises. The role Principles and trends in the Studies. The Conference was held in of KRED Enterprises is to seek out and reporting period Broome and hosted by Yawuru. The develop business and job opportunities The KLC, on behalf of native title groups conference is the largest gathering of for Kimberley Aboriginal people, on and in the exercise of its representative First Nations people in the country and behalf of Ambooriny Burru Foundation. body functions, continued to respond provides an important opportunity for KRED Enterprises and its wholly owned to a high number of Future Act notices discussion and debate on the Native subsidiary, KRED Legal trading as Arma received in the reporting period. In Title Act, issues impacting native title Legal, also provides high quality expert cases where the KLC does not act and people’s enjoyments of their native legal, commercial, and accounting for the native title group affected by title rights. services for native title groups. a Future Act notice, the KLC’s role More than 800 people attended as representative body is to ensure the event, which was held in the Kimberley Land Council 2017-18 Annual Report 33 that the native title group is properly to object to Future Acts and take Future Act activity in the reporting notified. In cases where the KLC acts matters to inquiry or hearing before period for the native title group affected by the the National Native Title Tribunal In the reporting period, the KLC: notice, and depending on the type of (NNTT). Despite the KLC and Kimberley • received 230 Future Act notifications, notice, the KLC will usually negotiate Traditional Owners achieving of which 161 (70 per cent) related to a heritage protection agreement with significant wins in Future Act matters in mining or exploration, and 69 (30 per the proponent of the Future Act which the reporting period, negotiations with cent) related to non-mining activities; includes the following core principles many proponents remain adversarial, • filed 116 objections to expedited of heritage protection. with an expectation that Traditional procedure matters (that is, 72 per ▶▶ No Means No - if an activity is not Owners or public funding (provided to cent of expedited procedure notices agreed to or cleared by Traditional the KLC) will pay for heritage activities have objections filed); and Owners, the proponent will not do required by their commercial activities. • successfully negotiated 17 Heritage that activity. Even more concerning is the trend, Protection Agreements. ▶▶ Work Programme Clearance - observed during the reporting period, Most non-mining Future Acts relate activities, not country, is cleared. of government agencies adopting the to government activities such as road If a proponent wants to do any same adversarial approach as private works, bores and other government additional activities in the future, companies, by refusing to agree to works. As noted above, during the they must come back and obtain heritage processes which properly reporting period the State adopted the consent of Traditional Owners. involve Traditional Owners and are an adversarial approach to heritage ▶▶ Community Benefits - Traditional resourced by the proponent of those protection processes. This is a Owners receive a benefit activities. This is concerning as a concerning development, and the proportionate to the scale of matter of principle, given governments KLC continues to attempt to negotiate activities are supposed to act in the interests best practice heritage agreements ▶▶ Cost Recovery - the proponent pays of all citizens, and at odds with steps with government. for the costs of its commercial by the State to improve Aboriginal activities, including meeting heritage protection in Western ILUAS with Traditional Owners and Australia by reviewing the outdated Principles and trends undertaking clearances, as well and fundamentally flawed Aboriginal as contributing to the costs of Indigenous Land Use Agreements Heritage Act 1972 (WA). negotiating agreements. (ILUAs) are contracts entered into by The KLC continues to advocate and one or more native title parties which Unfortunately, many companies negotiate on behalf of Traditional ‘affect’ native title. The ‘affect’ on native remain reluctant to enter into Heritage Owners for heritage protection title from an ILUA may be minor (such Protection Agreements with Traditional measures which enshrine the four as consent to limited low impact access Owner groups. This reluctance places principles identified above. for activities like filming or scientific pressure on Traditional Owners studies), very large (such as consent to
C. NTRB ILUA/Future Act Activity in 2017-18 as at 30 June 2018 (1 July - 30 June 2018) Notifications Received Number Agreements Finalised Number ILUA Notifications received 0 Total ILUAS registered 10 (to be negotiaion) S29 Notifications 2 ILUAs under negotiation 22 (not expedited procedure) S29 Notifications 161 ILUAs executed but not registered 1 (expedited procedures) Objections to expedited procedure lodged 116 S 31 agreements executed 1 Other Future Act notifications (including right to 67 Other Future Act/native title agreements executed 2 comment) Other (Non native title) Agreements executed (eg Other Objections lodged (s24MD(68)(d) 6 17 Heritage Protection Agreements) 34 Kimberley Land Council 2017-18 Annual Report
Indigenous Land Use Agreements (ILUAs) are contracts entered into by one or more native title parties which ‘affect’ native title.
a mining development), or anywhere was also an increase in applications as these types of decisions can only in between. A contract between a from native title holders to undertake lawfully be made by native title holders member of a native title group and the business activities on their country, themselves. PBCs have statutory rest of the native title group may also with PBCs and native title holders responsibilities to assist native title be an ILUA. seeking assistance from the KLC to holders to make informed decisions help support these activities. There about matters that affect their native Negotiation of some ILUAs may is a greater need for resourcing for title rights, and must also comply with be very resource intensive and PBCs to manage these applications corporate governance requirements expensive, depending on the subject and for a simplified process to better that apply to all Aboriginal corporations matter of the ILUA and the extent of support PBCs and native title holders under the Corporations (Aboriginal and negotiations about the ILUA terms. to manage the economic value of their Torres Strait Islander) Act 2006 (Cth). Native title grant funding provided by lands and waters to support individual the Commonwealth Government to Since 2001, the KLC has provided and communal participation in the KLC does not cover the costs of assistance to establish and support business activities. native title parties negotiating ILUAs the operations of PBCs for 32 or other kinds of agreements relating Activity in the reporting period determinations of native title in the to activities of third parties. This region. A total of 16 PBCs now exist in The KLC represented native title puts native title parties at a serious the Kimberley region, with many PBCs groups in negotiating 10 pastoral disadvantage, and means that native being the Prescribed Body Corporate ILUAs registered by the National Native title parties (or the KLC) must negotiate for more than one determination area. Title Tribunal (NNTT) in the reporting an agreement with the other party to period, and represented native title During the reporting period, there the ILUA under which that party agrees groups in a further three ILUAs that, was a further three determinations to fund negotiation of the ILUA, or find as at the end of the reporting period, recognising native title in the funding elsewhere. Unfortunately, there were still in negotiation or had not yet Kimberley region, with work underway are very few other sources of funding been registered. to incorporate three new PBCs to for native title negotiations, and hold native title, and to amend the proponents who require the ILUAs or rulebook of an existing PBC so that it other agreements are often unprepared RNTBC/PBC support and development can hold native title for an additional or unwilling to contribute to the full determination area. costs of negotiations. This remains a Principles and trends significant and ongoing issue for native The Native Title Act requires native title During the reporting period, the KLC title groups and representative bodies holders to establish a PBC in order for provided ongoing support (funding across Australia and fundamentally their recognition of native title rights and staffing) for 13 PBCs. The level of undermines the likelihood that the to be fully effective. PBCs hold native assistance varied depending on the native title system will ever be fair or title on trust for, or act as agents of, needs of individual PBCs, and ranged equitable for native title parties. the native title holders. PBCs do not from administrative support, to legal make decisions about native title, advice, logistical and operational During the reporting period there Kimberley Land Council 2017-18 Annual Report 35
Paruku Country.
support, governance and training, and The capability and service prioritisation prescribed bodies corporate” the administration of funding (provided by (CASP) framework is an assessment KLC has been supporting PBCs to the Department of Prime Minister and tool developed in-house by the KLC to send representatives (CEOs and Cabinet) of up to $68,000 for each of identify current capacities and future chairpersons) to meet in a Kimberley these 13 PBCs. needs of PBCs. regional collaborative forum. The collaborative forum links PBCs to a The KLC is working with PBCs to Through the CASP framework the KLC range of opportunities and provides administer their own grant funding. has been able to target priority services a forum for sharing information and The KLC is also working towards and resources to better support PBCs, discussion on regional issues that PBCs managing more of their including: impact PBCs. functions independently. • Newsletters for PBCs that include relevant information for PBC Capability and Service Prioritisation operations Framework • Services for organising director meetings and AGMs Under the KLC Strategic Plan 2016- • PBC specific training packages 2020, the KLC has identified the • PBC board induction packages strategic objective “functional and • Services for employing and empowered prescribed bodies managing staff corporate”. This strategic objective • Services for engaging legal advice includes developing and implementing • Various templates and checklists “processes that assist Traditional for PBCs to provide guidance Owners to make and carry out on statutory functions and decisions that affect their own futures, responsibilities and the futures of their communities • Policies and processes for and society”. transferring native title materials to A key performance indicator identified PBCs under this objective is “to develop and • Policies and processes for engaging implement a PBC capability and service KLC legal services. prioritisation framework”. Additionally, under the Strategic Objective “functional and empowered 36 Kimberley Land Council 2017-18 Annual Report
Native Title Native title in the Kimberley Kimberley Land Council 2017-18 Annual Report 37
Native Title East Kimberley Claim Update
Native title claim updates The KLC is working with native title of native title. Since then, KLC has claimants, the Federal Court, and met twice with the Applicants to Principles and trends respondent parties to achieve the obtain instructions on how native Native title claims are made on the resolution of outstanding native title title rights should be recognised instructions, and with the authority, claims as soon as possible. in the determination, and also of the native title claim group. Once to obtain additional evidence to a native title claim is lodged in the Claim Updates support the rights asserted by the Federal Court of Australia, it is assessed claimants. The KLC also provided by the Native Title Registrar and, if the Jaru Native Title Claim advice to the Applicants on pastoral assessment is successful, registered access arrangements. on the Register of Native Title Claims. This claim is likely to be successfully Registration is an important step in determined in the near future. the native title process, as it secures procedural rights for native title Koongie-Elvire (Djaru) claimants while they wait for their Native Title Claim native title claim to be determined.
The wait for native title claims to be determined by the Federal Court can be a very long one, and is affected Date Date by issues such as funding to support Area/ Region lodged Registered native title claims, changing positions East 15 February 16 March 2012 of governments, changes to the law, Kimberley 2012 South, east and intra-Indigenous disputes. The and north Federal Court, as well as native title east of Halls Creek claimants, representative bodies, and other parties, have long recognised The State accepted connection for the Area / Date Date lodged that the delays in having native title Jaru claim in December 2017. This was Region Registered East 23 September 11 November recognised are unacceptable and a significant milestone, as it means that Kimberley 1999 1999 impose a burden on claimants, some the State recognised that the native Koongie of whom may have passed away by title claimants are the right people to pastoral the time their claim is determined. The be recognised as native title holders for lease, Elvire pastoral Federal Court has indicated that native the Jaru claim area. lease, and title claims, especially those filed more part of Burks In April 2018 the State provided parties Park pastoral than 18 years ago (in the 1990s) need to lease with a draft consent determination be resolved as a matter of urgency. 38 Kimberley Land Council 2017-18 Annual Report
The State accepted connection for the Jaru claim in December 2017.
The State accepted connection for The Goorring Claim is a polygon claim, period there was some indication the Koongie-Elvire claim in December meaning it covers a small area of that Argyle was ready to surrender 2017. This was a significant milestone, country and was lodged in response to the grazing lease. However, KLC was as it means that the State recognised a Future Act notice. informed during the reporting period that the native title claimants are the that the grazing lease will not be The State accepted connection for the right people to be recognised as native surrendered in the immediate future. Goorring claim in April 2018. This was a title holders for the Koongie-Elvire No further action will be taken on the significant milestone, as it means that claim area. Argyle Grazing Lease claim for the the State recognised that the native present time. In April 2018 the State provided parties title claimants are the right people to with a draft consent determination be recognised as native title holders for Malarngowem Native Title Claim of native title. Since then, KLC has the Goorring claim area. met twice with the Applicants to This claim is likely to be successfully obtain instructions on how native determined in the near future. title rights should be recognised in the determination, and also to obtain Argyle Grazing Lease Claim additional evidence to support the rights asserted by the claimants.
This claim is likely to be successfully determined in the near future
Area / Region Date Date Goorring Native Title Claim lodged Registered
East Kimberley 30 Sept 4 Feb 2000 1998 Parts of Lissadell, Spring Creek, Texas Area / Region Date Date Downs (and old lodged Registered Mabel Downs), Alice Downs, East Kimberley N/A N/A Springvale and Unclaimed Sophie Downs area subject pastoral leases to the Argyle Diamond Mine Participation The Malarngowem claim is being Agreement progressed concurrently with the
Date Date adjoining Ngarrawanji and Yurriyangem Area / Region Under the Argyle Diamond Mine lodged Registered Taam claims. East Kimberley 17 January 11 February Participation Agreement (Argyle 2006 2006 Agreement), the KLC will lodge a native The State accepted connection for Small polygon claim of title claim on behalf of the Traditional the Malarngowem claim in December 11 square Owners who are beneficiaries under kilometres on 2017. This was a significant milestone, the eastern the Argyle Agreement, once Argyle as it means that the State recognised boundary of Diamond Mine surrenders a grazing the Doon Doon that the native title claimants are the pastoral lease lease. Prior to and during the reporting right people to be recognised as native Kimberley Land Council 2017-18 Annual Report 39
During the reporting period, the Federal Court informed parties that it wanted the Purnululu claim determined as soon as possible.
title holders for the Malarngowem claim area.
In April 2018 the State provided parties with a draft consent determination of native title. Since then, KLC has met twice with the Applicants to obtain instructions on how native title rights should be recognised in the determination. The KLC also provided advice to the Applicants on pastoral access arrangements.
This claim is likely to be successfully determined in the near future. The State accepted connection for the Yurriyangem Taam Native Ngarrawanji claim in December 2017. Title Claim Ngarrawanji Native Title Claim This was a significant milestone, as it means that the State recognised that the native title claimants are the right people to be recognised as native title holders for the Ngarrawanji claim area.
In April 2018 the State provided parties with a draft consent determination of native title. Since then, KLC has met twice with the Applicants to obtain instructions on how native title Area / Region Date Date rights should be recognised in the lodged Registered Area / Region Date Date Registered lodged determination. The KLC also provided East Kimberley 20 29 October All or parts of September 2010 East Kimberley 25 June 25 June 1996 advice to the Applicants on three areas pastoral leases 2010 1996 of unallocated Crown land which were including Moola Bulla Doon Doon, pastoral lease, excised from the Moola Bulla pastoral Bow River, and three areas lease after the Ngarrawanji native title Tablelands, of unallocated Bedford Downs, Crown land claim was made. This claim is likely Landsdown, excised from to be successfully determined in the Mornington and the Moola Bulla Mt Amhurst, as pastoral lease near future. well as Warmun in 2003. community and other reserves The Ngarrawanji claim is being The Yurriyangem Taam claim is progressed concurrently with being progressed concurrently with the adjoining Malarngowem and the adjoining Malarngowem and Yurriyangem Taam claims. Ngarrawanji claims.
40 Kimberley Land Council 2017-18 Annual Report
The State accepted connection for the Purnululu claim in July 2018, and provided a draft minute of consent determination of native title to the KLC.
The State accepted connection for the Purnululu Native Title Claim Since 2002, and throughout the Yurriyangem Taam claim in December reporting period, there were a large 2017. This was a significant milestone, number of Aboriginal people listed as it means that the State recognised as “respondents” to the Purnululu that the native title claimants are the claim. A respondent is usually a right people to be recognised as native person who does not agree to native title holders for the Yurriyangem Taam title being recognised for the native claim area. title claimants, however most of the respondents to the Purnululu claim In April 2018 the State provided parties were made respondents by order of the with a draft consent determination Federal Court in 2002, and many did of native title. Since then, KLC has not want to be or know that they were met twice with the Applicants to Area / Region Date Date lodged Registered respondents. obtain instructions on how native title East Kimberley 21 Dec 27 March 1995 rights should be recognised in the 1994 During the reporting period, a determination. The KLC also provided Purnululu significant amount of work was done National Park, advice to the Applicants on pastoral Purnululu by the Federal Court, individual access arrangements. A significant Conservation Reserve, and members of the claim group, and amount of work is expected to be done adjoining areas the KLC to contact respondents and of pastoral lease, in the first quarter of the next financial reserve, and check whether they wanted to remain year on obtaining evidence to support unallocated as parties opposing the Purnululu Crown land recognition of exclusive possession native title claim. This work will allow native title rights under beneficial the Purnululu claim to progress more The State accepted connection for provisions of the Native Title Act, efficiently in the future, as it will ensure the Purnululu claim in July 2018, and sections 47A and 47B. This claim is that only those people who want to provided a draft minute of consent likely to be successfully determined in actively participate in the proceedings determination of native title to the KLC. the near future. will remain as a respondent party. These are significant milestones, as they indicate that the State recognises During the reporting period, the that the native title claimants are the Federal Court also informed parties right people to be recognised as native that it wanted the Purnululu claim title holders for the Purnululu claim determined as soon as possible. area, and the State wants to resolve the claim by agreement. Purnululu National Park, the Bungle Bungles. Kimberley Land Council 2017-18 Annual Report 41
The remaining part of the Balanggarra #3 claim covers six blocks in Wyndham and was the subject of negotiations for nearly two years between the Balanggarra #3 claimants (represented by the KLC) and the State of Western Australia.
The KLC met with the Purnululu Date Date Area / Region claim group in March 2018, and the lodged Registered Federal Court held an on-country East Kimberley 3 July 4 August 2000 Wyndham 2000 case management hearing in March 2018 as well. The KLC also held an The Balanggarra #3 claim was authorisation meeting in June 2018, partially determined on 7 August, 2013 and instructions were provided by (Cheinmora v State of Western Australia the Purnululu claim group for the (No 3) [2013] FCA 769). claim to be amended, and for a new overlapping claim to be lodged over The remaining part of the Balanggarra areas of unallocated Crown land #3 claim covers six blocks in Wyndham to permit recognition of exclusive and was the subject of negotiations possession native title under section for nearly two years between the 47A of the Native Title Act. Balanggarra #3 claimants (represented If the Purnululu claim is actively by the KLC) and the State of Western opposed by respondents, it is likely Australia. The matter was resolved to be set down for hearing in the next with both parties agreeing to settle financial year or soon after that. If the the claim by way of an ILUA. However, Purnululu claim is not actively opposed in mid-2017 an objection was lodged by respondents, it is likely to be to the registration of the ILUA by a determined in the near future. small number of Balanggarra #3 claimants. As a result of the objection, Balanggarra #3 Native Title the Native Title Registrar did not Claim register the ILUA. The decision to not register the ILUA has been challenged by the Balanggarra #3 Applicants, the KLC and the State. The matter is likely to be determined in the next reporting period.
42 Kimberley Land Council 2017-18 Annual Report
Native Title West Kimberley Claim Update
Bindunbur Native Title Claims The KLC is also working with native The KLC, in accordance with its title holders to see if agreement representative body functions, can be reached about governance received, considered and approved an arrangements for the areas of the application for funding assistance for determination which do not have a the Jabirr Jabirr/Ngumbbarl native title language group specified for them. claim. This assistance was provided The KLC is arranging discussion and during the reporting period. facilitating mediation, on the guidance The claim group of Jabirr Jabirr/ of affected Traditional Owners. Ngumbarl is also included in the claim The Bindunbur Applicant has lodged an group of the Bindunbur claim. The appeal in relation to one aspect of the Jabirr Jabirr/Ngumbarl claim was Area / Date Date lodged determination, which relates to native successfully determined on 2 May Region Registered title holders’ ability to control access by 2018 as part of the Middle Dampier West 20 September 26 November Kimberley 2013 2013 the public to beaches and waterways. Peninsula proceedings.
Middle Dampier Jabirr Jabirr/Ngumbarl Native Some areas of the Bindunbur and Peninsula Title Claim Jabirr Jabirr/Ngumbarl claims could The Bindunbur native title claim, not be recognised at the same time along with the Jabirr Jabirr/Ngumbarl as the other parts. These parts had to claim, was successfully determined be left out because of the decisions of in May 2018. The determination was the Full Federal Court in Tjiwarl and celebrated in Beagle Bay, and Justice Ngurra Kayanta. In one of those areas, North of the Federal Court held a the mining tenement has now been Court hearing to officially recognise removed, and a new native title claim native title for Jabirr Jabirr/Ngumbarl, has been filed over that area. That
Nyul Nyul and Nimanburr peoples. claim should be determined before the KLC has commenced working with all end of 2018. The existing native title Date Date three groups to establish PBCs for the Area / Region claims are continuing over the other lodged Registered two areas, waiting for the mining/ Middle Dampier Peninsula area. KLC West Kimberley 23 14 held meetings with the three language September November petroleum tenements to be removed. Middle Dampier 2013 2013 groups in March 2018. Each group Peninsula Appeal selected a Steering Committee to assist with the process of developing PBC Trial The Jabirr Jabirr/Ngumbarl Applicant rule books. The Steering Committees The KLC Principal Legal Officer did has lodged an appeal in relation to one will develop proposed PBC rule not provide legal representation to aspect of the determination, which books which will be taken back to the the Jabirr Jabirr/Ngumbarl native title relates to native title holders’ ability to language groups for discussion. claimants for the hearing of the claim control access by the public to beaches before the Federal Court. and waterways. The Jabirr Jabirr/ Kimberley Land Council 2017-18 Annual Report 43
The claim group of Jabirr Jabirr/Ngumbarl are also included in the claim group of the Bindunbur claim. The Jabirr Jabirr/Ngumbarl claim was successfully determined on 2 May 2018 as part of the Middle Dampier Peninsula proceedings.
The Bindunbur and Jabirr Jabirr/Ngumbarl Named Applicant (from back left) Bibido McCarthy, Damien Manado, Betty Dixon, Walter Koster, Justice Anthony North, Alec Dann, Iga Paddy, Anthony Watson, (front left) Cissy Churnside, Cissy Djiagween and Rita Augustine.
Ngumbarl Applicant is also opposing Area / Region Date Date The Goolarabooloo claim was an appeal made by the Goolarabooloo lodged Registered dismissed by the Federal Court of Applicant, which seeks recognition West 4 October 12 December Australia on 2 May 2018 as part of the Kimberley 2013 2013 of a small number of Goolarabooloo Middle Dampier Peninsula proceedings. Middle claimants as native title holders. Dampier Pensinsula Appeal The Principal Legal Officer of the KLC is The Goolarabooloo Applicant has providing legal representation for the Trial appealed from the decision of the Jabirr Jabirr/Ngumbarl Applicant in The KLC Principal Legal Officer did not Federal Court on limited grounds. the appeal. provide legal representation to the The KLC, in accordance with its Goolarabooloo native title claimants representative body functions, Goolarabooloo Native Title Claim for the hearing of the claim before the received, considered and approved an Federal Court. application for funding assistance for the Goolarabooloo native title claim.
The KLC, in accordance with its This assistance was provided during representative body functions, the reporting period. received, considered and approved an
application for funding assistance for the Goolarabooloo native title claim. This assistance was provided during the reporting period.
44 Kimberley Land Council 2017-18 Annual Report
Mayala Native Title Claim see the Mayala claim determined by about the compulsory acquisition, the end of 2018. and required the parties to continue negotiating. The Tribunal’s decision Mayala – Future Act Determination was significant because it means that Application (FADA) governments can no longer just rely The Mayala Applicant has successfully on the development proponent to opposed the compulsory acquisition address all the impacts of compulsory of native title over Barnicoat Island. acquisition. MPA has subsequently The State Government was intending changed its management and has
significantly improved its approach to to extinguish native title over the island in order to grant a lease to Marine Traditional Owners, is now supporting Produce Australia (MPA), who operate a Mayala’s request that the compulsory Date Date Area / Region lodged Registered barramundi fish farm in Cone Bay. acquisition be stopped, and has West 1 July 1998 1 July 1998 indicated that it wants to engage Kimberley After negotiating for some time with properly with Traditional Owners in Mayala for an ILUA, which would have King Sound/ the future. Buccaneer meant that native title would not Archipelago be extinguished by the grant of the Mount Jowlaenga and Mount In the reporting period, the Mayala lease, the State Government issued Jowlaenga #2 Native Title Claims claim made substantial progress a compulsory acquisition notice, towards a consent determination. which put pressure on Mayala to agree In October 2017 a claim group with MPA. authorisation meeting was held to The KLC supported Mayala to use review the expert anthropologist’s all of their legal rights to oppose research findings and claim group the compulsory acquisition. Mayala description. lodged an objection under the State The consultant anthropologist’s report compulsory acquisition laws, and was completed, and connection challenged the claim of the State materials were provided to the State Government and MPA before the Date Date Area / Region and Commonwealth governments in National Native Title Tribunal that lodged Registered West Kimberley late 2017 and early 2018. All parties they had been negotiating in good South eastern have indicated that they are prepared faith. The Tribunal agreed with Dampier Peninsula to negotiate a consent determination. Mayala that the State Government The Court has said that it would like to had failed to negotiate in good faith Kimberley Land Council 2017-18 Annual Report 45
To progress a native title claim application, meetings have been held with a working group that includes Nyikina, Yawuru and Karajarri senior cultural people to seek instruction on how these groups would like to progress the native title claim.
Mount 8 August 6 September that Sheffield had applied for mining successful. The good faith decision was Jowlaenga 2013 2013 lease M04/459. Sheffield is seeking sent back to the Tribunal to decide to build a mineral sands mine on the according to law. The Tribunal heard Mount 7 15 December Jowlaenga #2 November 2014 mining lease ‘the Thunderbird Project’. additional evidence and argument in 2014 18 May 2018. Traditional Owners to the claim area The Mount Jowlaenga claims were appointed KRED to provide legal lodged to preserve the Traditional The Tribunal handed down its decision representation in the negotiation of an Owners’ procedural native title on 27 August 2018, and found that agreement with Sheffield with regard to rights and interests in respect of a Sheffield had not failed to act in good mining applications. proposed mining lease. The Applicant faith. for the Mount Jowlaenga #2 claim By March 2016 the negotiation of the was authorised to negotiate a native title agreement was substantially Unclaimed Area between Yawuru, Nyikina Mangala and native title agreement with Sheffield progressed. However, on 24 October Karajarri – New Native Title 2016 Sheffield lodged a Future Act Resources Ltd. Any decision to enter Claim into the native title agreement is Determination Application with the subject to the approval of the Mount National Native Title Tribunal seeking Jowlaenga #2 claim group at an the grant of the mining lease without authorisation meeting. native title consent.
The KLC has engaged a consultant The Traditional Owners opposed the anthropologist to undertake research Tribunal’s power to make a decision (including field work) in relation to as to whether the mining lease could the broader unclaimed area of Mount be granted, on the basis that Sheffield Jowlaenga to Deep Creek, including had not negotiated in good faith as the area of the two existing Mount it is required to do under the Native Jowlaenga claims. The anthropologist’s Title Act. On 22 May 2017, the Tribunal decided that it had the power to make Area / Region Date Date report is due for completion in July/ lodged Registered August 2018. The report will contribute a decision to grant the mining lease West Kimberley N/A N/A to supporting the claim group in filing a to Sheffield. Unallocated Crown land new native title claim. between the The Mount Jowlaenga Applicant Karajarri, Mount Jowlaenga – Future Act lodged an appeal of that decision Yawuru and Nyikina Mangala Determination Application (FADA) in the Federal Court. The appeal determination was unsuccessful, but was further areas In August 2014, the Department of appealed by the Applicant to the Full Mines and Petroleum notified the KLC Federal Court. That second appeal was The KLC has undertaken Traditional 46 Kimberley Land Council 2017-18 Annual Report
Owner consultations and Area / Region Date Date Area / Region Date lodged Date anthropological research to identify lodged Registered Registered native title interests to an area of West Kimberley 24 22 November West Kimberley 11 3 December Small polygon October 2012 November 2015 approximately 200,000ha located (tenement 2012 Stock route, 2015 area) adjoining reserves and approximately 90km east of Broome the western unallocated between the recognised native title boundary of the Crown land Nyikina Mangala within the lands of Yawuru, Nyikina Mangala determination boundaries of and Karajarri. area/southern Roebuck Plains boundary of pastoral lease the Yawuru The KLC started initial discussions in determination area. 2016. The Edarrbur (Rubibi #18) claim covers To progress a native title claim a stock route and several small reserves application, meetings have been held and areas of unallocated Crown land The Karajarri Yanja claim covers a small with a working group that includes located within the boundaries of the area approximately 80km south-west Nyikina, Yawuru and Karajarri senior Roebuck Plains pastoral lease. The of Derby and 90km east of Broome. The cultural people to seek instruction claim was made to preserve native claim was filed to protect Traditional on how these groups would like title Future Act rights in response to an Owner interests to engage in Future to progress the native title claim. application for a sand mining lease. Acts arising from mining applications in A consultant anthropologist has the area. In-principle agreement on the terms of been engaged, completed research This claim is being managed in a consent determination of native title and field work, and written a draft connection with the unclaimed area was reached with the State of Western connection report. between Yawuru, Nyikina Mangala Australia in November 2016. However, and Karajarri. the Commonwealth Attorney-General Karajarri Yanja Native intervened in the proceedings which Title Claim Edarrbur (Rubibi #18) Native Title Claim delayed the matter. The resolution of the claim was then further delayed by the decisions of the Full Court of the Federal Court in Tjiwarl and Ngurra Kyanta, which limit the areas that exclusive possession can be recognised
under section 47B of the Native Title Act. The decisions in Tjiwarl and Ngurra Kyanta have been appealed to the
High Court and, at the request of the
Applicant, the Federal Court is holding off further progressing the Edarrbur claim until after the High Court hands down its decision in those appeals. Kimberley Land Council 2017-18 Annual Report 47
Native Title Central Kimberley Claim Update
Yi-Maruwarra Ngurrara Native Ngurrara D1 Native Title Claim It is expected that this claim will be Title Claim determined before the end of 2018 or in early 2019.
Yarrangi Riwi Yoowarni Gooniyandi (Area A) Native Title Claim
Area / Region Date Date Area / Region Date Date lodged Registered lodged Registered Central & Desert 19 Jul TBA Region 2018 Central & Desert 1 Feb 29 Feb 2012 Region 2012 South of the Fitzroy River, South of the extending down Fitzroy River, to the northern Great Sandy extending down Date Date Desert Region Area / Region to the northern lodged Registered Great Sandy Desert Region The Ngurrara D1 claim covers areas of Central & Desert 10 Oct 15 Feb 2013 Region 2012 unallocated Crown land that were not The Yi-Martuwarra Ngurrara Claim Pastoral rangelands, included in the Yi-Martuwarra Ngurrara was determined by consent on 13 north east of determination made on 13 March 2018. Fitzroy Crossing March 2018. At an authorisation meeting in May Due to the State’s position following The native title claim group instructed 2018, the KLC was instructed to the decisions of the Full Court of the the KLC to discontinue this claim in make the Ngurrara D1 claim and to Federal Court in Tjiwarl and Ngurra October 2017, on the basis that a new have it determined by consent in Kyanta, some areas of unallocated native title claim would be made over accordance with the terms of the Crown land were not included in the area. agreement authorised by the Yi- the determination. Martuwarra Ngurrara claim group in November 2017. 48 Kimberley Land Council 2017-18 Annual Report
Giniyjawarrni Yoowaniya Riwi native title holders for the Giniyjawarrni December 2015, although the balance Native Title Claim Yoowaniya Riwi claim area. of the claim was determined. The Federal Court has made orders that Subject to any issues which might be the Bunuba #2 Part B claim and the raised by respondants, this claim is overlapping claim (Warlangurru #2) be likely to be successfully determined in prepared for trial, and the trial dates the near future. have been fixed for the first half of 2019. The claim is likely to be determined Bunuba #2 (Part B) Native Title Claim within the next 12-18 months.
Warlangurru and Warlangurru #2 Native Title Claims
Date Area / Region Date lodged Registered Central & 1 Dec 2012 11 June 2018 Desert Region
Pastoral rangelands, north east of Fitzroy Crossing
Date Date Area / Region This native title claim covers the area of lodged Registered land and waters previously covered by Central & Desert 10 April 10 May 2012 Region 2012 the Yarrangi Riwi Yoowarni Gooniyandi Date Date Area / Region native title claim. Portion of lodged Registered Quanbun and Central & Desert 10 April 10 May 2012 Blina pastoal Region 2012 The claim was lodged in the Federal leases, south Court on 1 December 2017 and a of the Great Portion of Northern Quanbun and connection report was provided to Highway Blina pastoal the State on 4 December 2017. The leases, south The Bunuba #2 claim was scheduled of the Great State accepted connection for the for a consent determination on Northern Giniyjawarrni Yoowaniya Riwi claim Highway 22 December 2015. However, an in March 2018. This was a significant Warlangurru 8 14 overlapping claim was filed over September November milestone, as it means that the State 2015 2012 part of the Bunuba #2 claim on 21 recognised that the Giniyjawarrni Warlangurru #2 21 N/A December 2015. The part subject to the December Yoowaniya Riwi native title claimants overlapping claim (now called “Bunuba 2015 are the right people to be recognised as #2 Part B”) was not determined on 22 Kimberley Land Council 2017-18 Annual Report 49
The Federal Court has made orders that the Bunuba #2 Part B claim and the overlapping claim (Warlangurru #2) be prepared for trial, and the trial dates have been fixed for the first half of 2019.
The Warlangurru claim was lodged Area / Region Date Date be recognised as native title holders for by the KLC, acting on behalf of the lodged Registered the Warrwa Core Country area. Warlangurru native title claim group, on Central & Desert The State has indicated that it will 8 September 2015. Region provide tenure information in April The Warlangurru #2 claim was lodged Derby, and pastoral 2019, after which negotiations for a country east and by a private law firm, acting on behalf north. consent determination can begin. of the Warlangurru native title claim Warrwa Mawadjala 7 April 23 June Subject to issues which may be Gadjidgar 2011 2011 group, on 21 December 2015. The raised by pastoralists and other
Warlangurru #2 claim was lodged over Warrwa Combined 3 Oct 9 Nov 2012 non-state respondents, the Warrwa part of the Bunuba #2 claim. 2012 Core Country area is expected to be resolved by consent in the 2019-2020 The Principal Legal Officer of the KLC reporting period. no longer represents the Warlangurru The Warrwa Combined and Warrwa Mawadjala Gadjidgar claims are being native title claim group. Mediation progressed together. In December 2016 the Boorroola The Federal Court has made orders Warrwa core country Moorrool Moorrool (BMM) native title that the Warlangurru and Warlangurru The Warrwa Combined native title claim was lodged. The BMM claim #2 native title claim, and the Bunuba claim includes three areas of country overlaps part of the Warrwa Combined #2 Part B claim, be prepared for trial, where other groups have asserted claim. and trial dates have been fixed for the traditional interests. The KLC is first half of 2019. The claims are likely In accordance with its representative assisting Warrwa and those other to be determined within the next 12- body functions, the KLC offered groups to consult on the appropriate 18 months. mediation assistance to attempt to way forward. narrow or resolve the overlap between the Warrwa Combined and BMM Warrwa Combined and The balance of the area of the Mawadjala Gadjidgar Native claims. Mediation took place in July Warrwa Combined and Warrwa Title Claims 2017 and April 2018, but ultimately did Mawadjala Gadjidgar claims (Warrwa not result in the overlap issue being Core Country) was the subject of a resolved. connection report provided to the State and Commonwealth in January In July 2018 the Federal Court made 2018. The State accepted connection orders to progress the overlap areas. for the landward parts Warrwa Core Country area in June 2018. This was a significant milestone, as it means that the State recognised that the native title claimants are the right people to 50 Kimberley Land Council 2017-18 Annual Report
Boorroola Moorrool Moorrool The Principal Legal Officer of the KLC In July 2018 the Federal Court made does not provide legal representation orders to progress the overlap areas. to the BMM claim.
The KLC, in accordance with its representative body functions, received, considered and approved an application for funding assistance for the BMM native title claim. This assistance was provided during the reporting period.
Also in accordance with its Area / Region Date Date lodged Registered representative body functions, the KLC offered mediation assistance Central & Desert 23 Dec 9 May 2017 Region 2016 to attempt to narrow or resolve the overlap between the Warrwa Combined Derby, and pastoral country to the south and BMM claims. and east Mediation took place in July 2017 and The Boorroola Moorrool Moorrool April 2018, but ultimately did not result (BMM) native title claim overlaps part of in the overlap issue being resolved. the Warrwa Combined claim. Kimberley Land Council 2017-18 Annual Report 51
Area between Bunuba and Yi- to research traditional connections Martuwarra Ngurrara - prelimary in the unclaimed area between the research Bunuba and Yi-Martuwarra Ngurrara determination areas.
Fieldwork was undertaken in 2016 and 2017, and a report was provided to the KLC in the second half of 2017. The outcomes of the research will be presented to representatives of the Bunuba and Ngurrara Traditional Owners in the next reporting period.
Area / Region Date Date lodged Registered
Central & Desert N/A N/A Region
Unclaimed area between Bunuba and Yi-Martuwarra Ngurrara determinations
In December 2015 the KLC agreed to engage a consultant anthropologist 52 Kimberley Land Council 2017-18 Annual Report
Looking after Country Land and Sea Management
Kimberley Ranger Forum, Gurrbalgun (Pender Bay) 2017
Looking after country and getting covering all aspects of cultural LSMU fosters and enhances cultural control of the future are two core and environmental management connection to land and sea country elements of the Kimberley Land including the implementation of and uses a combination of traditional Council’s vision. The Land and Sea traditional burning practices, wildlife knowledge with modern science Management Unit (LSMU) works and biodiversity monitoring, and the to achieve best practice methods alongside Traditional Owners to passing on of traditional knowledge and environmental outcomes. It achieve the cultural, social and and cultural practices from old people also focuses on delivering direct environmental outcomes they want to to young people. employment and training opportunities see happen on country. As a result of for Kimberley Aboriginal people while the cultural and ecological knowledge Kimberley Traditional Owners are at the enabling Traditional Owners to remain held by rangers, combined with the forefront of all activities and provide living on country in remote areas. highly skilled nature of the Kimberley instructions to the KLC on the direction Ranger Network, ranger groups are in which to progress projects. LSMU works in close partnership with increasingly engaging in fee for service native title groups and Prescribed contracts. This work is contributing Each team of rangers is governed by a Bodies Corporates (PBCs) with a focus to sustainable and diversified remote Healthy Country Advisory Committee, on strengthening capacity for PBCs to economies based on the priorities of comprised primarily of senior manage and deliver project activities Traditional Owners. community leaders. This group directs and strengthen their native title rights. the rangers on cultural matters and LSMU was established in 1998 supports them in the management of and its projects are far reaching, staff and budgeting. Kimberley Land Council 2017-18 Annual Report 53
LSMU works with training providers to ensure occupational health and safety is a central focus of rangers’training.
Long-term planning In the 2017-18 financial year a significant focus of LSMU was targeted capacity development. This capacity development has been focused on individual rangers and PBCs. For individuals this has entailed targeted professional development pathways which clearly map out the process for rangers to move into more senior positions. An example of this taking place is the Nyul Nyul ranger team which is now 100 per cent Indigenous Karajarri Rangers with GPS SPOT tracking devices to ensure safety during remote operations. led and employed.
strength and operational economies safety during remote operations Internal and KLC supported capacity of scale, and this will continue • 48 rangers completed accredited development has led to three PBCs to be actively supported by the Remote Area First Aid Training, taking on contractual independence KLC, for groups contractually and and another 10 completed Provide from the KLC. During the 2017-18 non-contractually affiliated with First Aid training financial year, Yanunijarra Aboriginal the organisation. • Karajarri Ranger Frederick (Gulu) Corporation, which supports the Shovellor was selected from Ngurrara Rangers, was engaged in a trainees across the region to win the sub-contract arrangement with the Highlights Kimberley Group Training’s Safety KLC and LSMU. This arrangement Keeping Rangers Safe: Workplace Recognition Award provided a structured transition Health and Safety Report 2017-18 • Working with training providers to period for Yanunijarra to move to full ensure occupational health and contractual independence. Wunambal Keeping rangers and staff safe has safety is a central focus of rangers’ Gaambera Aboriginal Corporation and remained a priority for LSMU in the training in high risk operations Walalakoo Aboriginal Corporation 2017-18 financial year. including marine operations, fire, also transitioned to contractual firearms, chainsaws, chemical independence as of 1 July 2018. Key achievements included: handling, bobcat operation • Securing funding to retain and fencing The transition of groups to contractual a dedicated Ranger Safety • Ongoing development of Standard independence will not impact the Development Officer Operating Procedures (SOPs), Kimberley Ranger Network. The • Roll out of GPS SPOT tracking devices posters, forms and checklists network has long been based on across ranger teams to ensure staff appropriate to Indigenous rangers’ groups having a sense of solidarity, 54 Kimberley Land Council 2017-18 Annual Report
48 rangers completed accredited Remote Area First Aid Training, and another 10 completed Provide First Aid training.
remote, high risk operations will remain a focus for the Kimberley who were initially employed solely • Improvements in workplace incident Ranger Network. Priorities for next through Centrelink/Community reporting and investigation at all year include improving management Development Employment Program levels of the organisation accountability, compliance, monitoring (CDEP) and top-up arrangements, and • Safety management is increasingly and review, marine and firearms engaged only one week per month. embedded into everyday ranger operations, and aligning ranger safety The Oorany program has matured operations including team toolbox management strategies to KLC- under the direction of dedicated on- talks, workplace inspections, wide systems. country coordinator Debbie Sibosado emergency drills, vehicle and (employed from late 2014 to date), equipment checks Shell Prelude Social Investment - whose position was made possible via • Organisation-wide initiatives like Safe Bardi Jawi Oorany Rangers the new partnership. In Debbie’s words, October and Safety Awards The Bardi Jawi Oorany Rangers it has been a challenging but rewarding • On the job training and role recently concluded their social journey to develop the team into full- development for specialised impact investment partnership time work. ‘Safety Rangers’ with Shell Prelude, following a six The Oorany rangers have risen above • Formal review and endorsement month extension to the original three expectations in their roles as strong of KLC Fire Operations Manual year partnership. women leaders within the Bardi to national risk management Jawi community and beyond. The standards by the Office of Bushfire The successful partnership, known as program has worked consistently Risk Management. the ‘Transition to a full-time women’s ranger team’, provided a secure to break through barriers of a male Continually improving the risk funding base upon which to develop dominated ranger group and ranger management system and safety culture the capacities of the women’s team network in the Kimberley. The rangers Kimberley Land Council 2017-18 Annual Report 55
“To have so many people here, our hearts are happy.” – Kevin George
48 rangers completed accredited Remote Area First Aid Training, and another 10 completed Provide First Aid training. Traditional Owner and senior cultural ranger Kevin George.
have shown dedication and resilience small family outstation, built up over the strength and connection born in breaking down gender and social many years by Traditional Owner from both cultural connection and barriers, enjoying an impressive and Bardi Jawi senior cultural ranger, shared purpose. collaboration with their Aamba (men) Kevin George. The three-day event The comradery, joy and excitement of counterparts in delivering on the celebrated everything it means to be the over 400 people who attended the Bardi Jawi Indigenous Protected Area an Indigenous ranger and highlighted forum was profound and a testament (IPA) Plan of Management. The team the fundamental role rangers play to all of the Indigenous rangers and achieves exceptional environmental in protecting the environment and special guests in attendance. The and cultural outcomes for the Bardi maintaining culture. Kimberley Ranger Forum would not Jawi community, and are admired role Biosecurity and the ever increasing have been possible without the support models for young people in the two role Indigenous rangers play as the of the Department of Agriculture and local schools. KLC and the Bardi Jawi eyes and ears of the remote north Water Resources who provided funding Rangers are thrilled to confirm a new was a major focus of the event. and technical expertise for the event. and continuing partnership with Shell With more than 10,000 kilometres Prelude and will soon be celebrating a of coastline, islands and river inlets project launch for 2018-20. across northern Australia, Indigenous rangers are on the frontline to protect Kimberley Ranger Forum - Australia’s biosecurity. Gurrbalgun (Pender Bay) More than anything, the forum was an From 1 to 3 August 2017, Indigenous opportunity for a big mob of rangers rangers travelled from all over Australia to come together from the farthest to attend the Kimberley Ranger Forum. reaches of northern Australia to Held at Gurrbalgun (Pender Bay) on learn from each other and celebrate Bardi country, the community is a 56 Kimberley Land Council 2017-18 Annual Report
A large part of the Green Army success story was the incredible momentum that it created for female rangers, with over half of the Green Army positions held by women.
The Kimberley Ranger Forum offered rangers an opportunity to exchange common experiences, successes and challenges - to explore what works, and why.
Green Army – the end of an era Partnerships Cultural Enterprise Hub December 2017 saw the finalisation LSMU fosters partnerships with many The KLC Cultural Enterprise Hub (The of the Green Army program and along external agencies including the Federal Hub) is a strategic initiative of the KLC with it 36 ranger positions across Government, State Government, with a mission to provide cultural and the Kimberley Ranger Network were non-government environmental environmental business expertise and made redundant. While this program organisations and philanthropic services to Kimberley PBCs and ranger was never an easy fit, with policies groups. It is also working to form groups to build on-country enterprise. and procedures poorly conceived international alliances with other The model aims to decrease reliance for the Kimberley context, the Indigenous peoples. on government funding, increase job outcomes for Kimberley ranger groups opportunities in remote communities, Some of the main project partnerships were significant. improve biodiversity across the region, that were strengthened during the reinvigorate Indigenous culture and A large part of the Green Army success reporting period included working improve health outcomes. The Hub is story was the incredible momentum relationships with the Department central to KLC’s vision of a culturally that it created for female rangers, with of Prime Minister and Cabinet, the empowered, thriving and prosperous over half of the Green Army positions Department of Environment, The Kimberley Aboriginal community. held by women. While the program has Department of Agriculture and Water disappeared, the momentum has not Resources, The BHP Foundation, The goals of The Hub are that: and through the dedication of both Woodside, The Nature Conservancy, • Kimberle y PBCs and ranger rangers and support staff many of these PEW Charitable Trust, WWF Australia, groups are operating innovative, positions have been maintained. This the National Environmental Research self-sustaining cultural and has been possible through investment Program (NESP), Rangelands NRM, environmental enterprises. from Shell and The Department Shell Social Investment Fund, of Biodiversity, Conservation and Indigenous Business Australia, • Kimberle y PBCs and ranger groups Attractions. Groups have proactively Jawun, United Nations University, are empowered with the skills generated and invested their own funds WA Department of Biodiversity, and opportunities to take greater through fee for service work to continue Conservation and Attractions (DBCA), ownership of their economic futures. these vital roles. the Western Australian Department • Kimberle y networks are strengthened of Fire and Emergency Services and and knowledge is kept on the Western Australian Department of country through a community of Corrective Services. practice that shares technical and business expertise. Kimberley Land Council 2017-18 Annual Report 57
2017 saw the greatest return in terms of carbon credits More than 100 people from across the corporate, research, conservation, by the North Kimberley Fire government and philanthropic sectors were Abatement Project (NKFAP). hosted at the 2017 Kimberley Ranger Forum.
• The Hub is dynamic, responding and Frydenberg, at COP23 in Bonn, reflecting the hard work adapting to new innovations and the Germany, November 2017. and commitment from the maturing needs of Kimberley PBCs o KL C, Bardi Jawi PBC and ranger groups and Traditional and ranger groups. Walalakoo Aboriginal Owners involved in the Corporation hosted a five-day projects. With The Hub in its infancy in 2017- cultural and environmental 18, the main focus continues to be o Str ategic management of tour tailored to the interests technical and operational support to fire over 200,000 square of The Nature Conservancy PBCs and rangers for fire and carbon kilometres of Kimberley native international and Australian enterprise development. title lands with ranger groups Board of trustees and staff. and Traditional Owners. o Initiat ed discussions with Key outcomes for the 2017-18 o The KLC’s Fire Operations Woodside and the Kimberley year include: Manual and Guidelines were Foundation Australia about a Partnerships formally endorsed by the Kimberley Rangers Rock Art o The Hub’s Business Plan and State Government’s Office of and tourism project. investment model was revised Bushfire Risk Management with support from Social o Continued to explore (OBRM) to adhere to Ventures Australia. partnership opportunities international standards with numerous organisations o Mor e than 100 people from for risk management. This including Indigenous Land across the corporate, research, process has taken many hours Corporation, Ian Potter conservation, government and of hard work from various Foundation, WWF Australia, philanthropic sectors were LSMU staff over a period BHP Foundation, Perpetual hosted at the 2017 Kimberley of five years. KLC has now Impact Philanthropy Ranger Forum. entered into an assurance and others. program with OBRM which will o In partnership with the ensure our practices reflect Department of Prime Minister our procedures, maintain and Cabinet, the KLC hosted Fire Management our aim of continuous a secondee who spent two o Est ablished a formal improvement and promote months working on The Hub’s program of capacity building even safer operations. tourism strategy, financing for nominated rangers to model and grant applications build specialist skills in o The launch of the fire management beyond International Savanna Fire classroom training. Management Initiative o 2017 saw the greatest return (ISFMI) with the Australian in terms of carbon credits Government Minister for by the North Kimberley Fire Environment and Energy, Josh Abatement Project (NKFAP), 58 Kimberley Land Council 2017-18 Annual Report
KLC, Bardi Jawi PBC and Walalakoo Aboriginal Corporation hosted a five- day cultural and environmental tour The Hub hosted ALFA (NT) Ltd for a tailored to the interests of The Nature workshop on savanna carbon governance Conservancy international and to assist the potential transition of savanna Australian Board trustees and staff. carbon projects to the sequestration method.
Carbon project management 2. Government grants to be applied workshops explored and critiqued the and development for on a case-by-case basis Cultural Enterprise Hub model with the o R egistered one new, and expanded where appropriate, for example learnings providing a comprehensive another new savanna burning government funding opportunities overview of the discussions. carbon project. for specific projects. In November 2017 a small delegation o Host ed ALFA (NT) Ltd for a workshop 3. PBCs may choose to pay for from the KLC Executive team attended on savanna carbon governance Hub services once PBC owned the 23rd United Nations Framework to assist the potential transition enterprises are established and Convention on Climate Change of savanna carbon projects to the returning revenue. (UNFCCC) Conference of Parties (COP) sequestration method. in Bonn to launch the International o Advoc ated for protection and During the 2017-18 financial year Savanna Fire Management Initiative. strengthening of rights for native partnership outreach focused on It was a short but impactful visit title holders regarding carbon co-founding investment partners with Nolan Hunter (KLC CEO), Sam projects through multiple with the aim of securing long-term Johnston (ISFMI Project lead), consultation processes. investment partners. This will enable the KLC to sustain Hub services to Environment Minister Josh Frydenberg and representatives from Botswana Partnerships ranger groups and PBCs over 10 or more years and rely less on short-term launching the initiative to a full house The financial goal for The Hub is funding which creates uncertainty at the COP Indigenous Peoples pavilion. based on a complementary model, and once-off project outcomes. The The next four years of the project, led where public sector and private KLC continues to promote the model by a unique corporate, community and investment is partnered to incubate and seek out co-founding partners research partnership, and supported and establish new enterprises. Once with bold vision and commitment to by an investment of $3.87 million the enterprises are self-sufficient, intergenerational change. from the Australian Government, will ongoing services can be offered by build a global community of best The Hub on a fee basis. The long- In August 2017 more than 100 people practice committed to local action on term goal is for The Hub incubated from across the corporate, research, wildfire management. enterprises to be independent wholly conservation, government and Another significant partnership PBC owned businesses generating a philanthropic sectors joined us for a outcome for the 2017-18 year included financial return. dynamic guest program at the 2017 Kimberley Ranger Forum. The program a visit from TNC Trustees and global On this basis The Hub has a three tier was shaped to create the space for two- program staff to the Kimberley, which financing structure, which includes: way learning experiences, providing was an opportunity for Bardi Jawi Rangers, Nyikina Mangala Rangers, 1. C ultural Enterprise Partnerships an insight into the unique skills and Walalakoo Aboriginal Corporation and founded on long-term corporate expertise of northern Australia’s KLC to collectively plan and deliver and philanthropic investment with Indigenous ranger teams and exploring a high quality visitor experience. It resources used to provide expertise pathways to expand ranger-based provided the time and space to reflect and services to start-up enterprises. enterprise. The guest program on the quality cultural conservation Kimberley Land Council 2017-18 Annual Report 59
Burning at Bohemia Downs, the Kimberley, 2018.
work delivered by Kimberley rangers the impact of large destructive wildfires started in the east Kimberley in August and PBCs. on environmental and cultural values in with the Kija rangers extinguishing the Kimberley. six deliberately lit fires in one night Fire management along the Great Northern Highway. The fire projects’ benefits reach far and The Dampier Peninsula groups Nyul The application of fire into the wide. They reduce harmful emissions, Nyul and Bardi Jawi were kept busy landscape has played a critical role protect wildlife and deliver significant with several late season fires to in Aboriginal culture and natural social, cultural and economic benefits. contend with. Wunggurr Rangers from resource management in the Kimberley The KLC provides specialist fire Ngallagunda had two remote wildfires for millennia. The Hub, integrated services and regional co-ordination which could only be accessed by with LSMU, works with Traditional to the Kimberley Ranger Network, helicopter to extinguish, with one of Owners and ranger groups to promote funded by Working on Country and the fires originating from tourists who traditional knowledge of right way donor grants. A number of north let a camp fire get out of control. The fire ensuring these practices remain Kimberley corporations with self- fire eventually burnt almost 700 square incorporated into contemporary funded fire management programs kilometres of country near Walcott fire management. contract the team to manage aerial Inlet. Various stakeholders including Rangers and Traditional Owners work burning operations. the Department of Fire and Emergency with stakeholders to develop fire plans Services are now increasingly relying on and conduct strategic burning on 2017 wildfire season the local knowledge and experience of country in the early dry season to shift The late dry season exceeded Kimberley rangers to identify, monitor, the seasonality of fire, reduce the size expectations from fire staff with a clear report on and manage wildfires across of late dry season wildfires and reduce reduction in the frequency and extent the Kimberley. of wildfires. Late season wildfires 60 Kimberley Land Council 2017-18 Annual Report
Bardi Jawi Ranger Azton Howard navigating a burn on Bardi Jawi country. Roger Nowland (pilot) and Emmanual Martin burning on Doon Doon Station, Kija country.
2018 early season burning Other key achievements aircraft in fire operations, Following an above average wet • A high level of involvement by in-house refresher training season across the Kimberley it was rangers and Traditional Owners in and fire operational review widely recognised that grass fuel fire related training including: discussions. This training is loads would be higher than average o Mor e than 30 Kimberley critical for rangers to continue which meant rangers would have to rangers from six groups, to successfully undertake work extra hard to reduce fire risk along with KLC support staff, burning operations on their throughout the region. Once planning completed introductory country, including in carbon meetings were held and land holder fire training on Karajarri abatement fire projects which agreements reached, rangers went country in March 2018. generate income to support to work spending over 280 hours in The fire training covered both ranger operations helicopters or planes conducting aerial both theory and practical and other Traditional prescribed burning. Over 50 days of competency in conducting Owner enterprises. on-ground burning was also carried on ground prescribed • A program for upskilling nominated out to complement the aerial work. burning operations. rangers to specialise in fire Through conducting strategic early dry o 30 Kimberley rangers from management commenced, with season burns, rangers and Traditional 10 ranger groups completed detailed work plans and field-based Owners created fire breaks and used Aerial Fire Operations training training. patch burning to reduce fuel loads as a in Broome in March 2018. • Fir e operations were carried out way to protect country from large scale Training included completion with a focus on compliance and wildfires resulting in a mosaic of fuel of industry accredited safety which were both performed ages over time and a reduction of risk units covering operation of at a high level. Aerial burning to lives, infrastructure and key habitats. incendiary machine units logistics were well planned with a and working safely around high level of efficiency. • The KLC has played an important Kimberley Land Council 2017-18 Annual Report 61
Warren Jarlot conducting early season burns at Karunjie station.
role in fostering relationships improving the long-term sustainability of projects in the 600-1000mm (‘low’) between all stakeholders who of fire management activities. The rainfall zone, however these tend to be work with fire in the Kimberley KLC facilitated the establishment less viable than in the north Kimberley. region including local and State of four Indigenous owned savanna In early 2018 the ‘sequestration’ Government agencies, non- burning carbon projects in the north method was released which will, if government organisations, Kimberley under the North Kimberley adopted by projects, allow them to Indigenous and non-Indigenous Fire Abatement Project (NKFAP) in 2014 earn a greater number of carbon pastoralists, communities, tourism and has assisted to administer those credits for the same fire management operators and Traditional Owners. projects in years since. This includes activities. Considerable effort Creating a tenure blind approach to technical advice, submission of reports was dedicated to exploring the fire management is the way forward and facilitation of information sharing opportunities that the sequestration if we are to succeed in reducing the through coordinating the regional method provides. While returns will threat to people, infrastructure and governance structure – the NKFAP improve under this method, the risks to environmental and cultural values Steering Committee. project proponents (e.g. PBCs) increase, of the Kimberley. In addition to assisting existing carbon so The Hub commenced exploring Carbon project management projects, The Hub continued to support options for project governance with and development Kimberley PBCs and ranger groups to current projects to mitigate this. ALFA explore the potential to establish new NT (Ltd), who manage five projects with Savanna burning carbon projects carbon projects or take advantage nine ranger groups in Arnhem Land, enable PBCs to earn an income of new opportunities. Updates to lent their expertise at a workshop in from traditional fire management, methods in 2015 allow the registration February 2018, sharing lessons learned reducing reliance on grant funding and 62 Kimberley Land Council 2017-18 Annual Report The KLC has played an important role in fostering relationships between all stakeholders who work with fire in the Kimberley region including local and state government agencies, non- government organisations, Indigenous and non-Indigenous pastoralists, communities, tourism operators and Traditional Owners.
Ragged Range, Doon Doon, Kija Country
in the development of their corporation This included: and in the management of their • Participation in consultation projects. regarding the new sequestration method With the sequestration method • Submissions to Federal Government now available, KLC anticipates that on proposed legislation that affects increased pressure will be placed the rights on native title holders with on native title holders across the regard to carbon projects Kimberley to consent to new or • Input into the development of expanded savanna burning projects. guidance on native title rights The KLC will continue to play a role and carbon projects by the Clean over the coming years in working Energy Regulator with PBCs to advocate for protection • Working with Indigenous savanna of native title rights in negotiations carbon producers and project regarding non Indigenous projects. developers to establish the Complementing the support for new Indigenous Carbon Industry Network. and existing carbon projects, The Hub continued to play an active role in advocating for enabling policy for Indigenous carbon projects, and for Indigenous landholders when engaging with the carbon industry.
Fire supression training, Beagle Bay, 2018 Kimberley Land Council 2017-18 Annual Report 63
Looking after Country Kimberley Ranger Network
Balanggarra Rangers, Berkeley River, 2017.
Balanggarra Rangers 180 new rock art sites were recorded appropriate permits and licenses, the with recent modelling suggesting that establishment of this base will further The Balanggarra Rangers continue first land fall in Australia by Aboriginal enhance the potential of the ranger to grow from strength to strength. people was made in the Kimberley. group to be engaged in additional Stationed in their new ranger base The rangers also continued working on biosecurity, marine debris and at Wyndham, the rangers have biosecurity and marine debris surveys surveillance work, as well as provide welcomed two Balanggarra Aboriginal along Balanggarra country coastlines, an opportunity to assess ecotourism Corporation (BAC) staff members to with objects located, recorded and potential along this remote coastline. the office in late 2017. The two teams destroyed. The exercise was supported have been working closely together The rangers also continued working by the Australian Quarantine and to deliver on the Working on Country with a number of partner organisations Inspection Service on a fee for service (WoC) and IPA programs as well as on including DBCA and WWF Australia basis and provided an excellent native title related matters including on a variety of invasive species and opportunity for rangers to put their trip Office of the Registrar of Indigenous threatened species projects including planning and maritime skills to the test. Corporations (ORIC) requirements, the cane toads, goannas and Gouldian DBCA has been providing additional preparation of BAC AGMs and director finches. Work also continued through support to train one Balanggarra ranger meetings, joint management related the early season prescribed burning to obtain the coxswain skipper ticket. issues and ILUAs. program with the rangers investing The Balanggarra team has secured significant time in creating strategic The Balanggarra team has continued significant funding from the fire breaks in the landscape to protect its work on a wide variety of land Department of Agriculture and threatened species, vulnerable habitats and sea management activities. This Department of Prime Minister and and infrastructure. included assisting the University of Cabinet (DPMC) to establish a remote Western Australia (UWA) to record and ranger base along the eastern coastline preserve rock art sites in an area south of Balanggarra country. Pending of King George Falls. During a one- Traditional Owner approval and month survey period approximately 64 Kimberley Land Council 2017-18 Annual Report
Bardi Jawi Rangers on cultural exchange, Exmouth, May 2018. The juvenile ranger program, which management organisations regionally operations. During the workshop, the commenced in 2017, continues with and further abroad. rangers developed a Bardi Jawi Ranger the first Balanggarra junior ranger Program timeline demonstrating The clear highlight among many was offered a full-time position in the the history and achievements of the hosting of over 250 Indigenous Balanggarra team. The KLC has also the program. rangers from northern Australia at progressed advocacy work for the Pender Bay, as well as more than 100 The Bardi Jawi Rangers were engaged establishment of a juvenile ranger corporate and government guests as by The Nature Conservancy (TNC) program in the Kimberley with project part of the Kimberley Ranger Forum. It in June 2017 to undertake cultural concepts delivered to key decision was a privilege to hold such an event awareness/immersion within Bardi makers in State and Commonwealth on Bardi Jawi country and was a great Jawi country and promote the IPA Governments. Finally, during a visit by success due to the support of other and ranger program work on land and the WA Treasurer, BAC was invited to Kimberley ranger teams and KLC staff sea country. submit a proposal for a Balanggarra who were critical to organising such women’s ranger team. KLC has offered In April, Bardi Jawi Rangers went on an event. to work with BAC to prepare and an exchange to the Burrup Peninsula submit this proposal. This year, in addition to ranger trainees and Ningaloo Coast to learn about sea continuing on with Certificate 2 and country management. The focus was Bardi Jawi Rangers 3 in Land Management, three Bardi on learning about visitor management The Bardi Jawi Rangers (Aamba and Jawi Rangers have started within the issues in high visitation locations. Oorany) have had another incredibly Advanced Study Group in conjunction This included heritage management successful year and continue to set with North West Regional TAFE. A of rock art on the Burrup Peninula, high standards with regards to looking professional development workshop as well as the impacts of fishing and after Bardi Jawi country and supporting was held in November 2017, with camping within the Ningaloo coast. rangers and other land and sea rangers exploring work, culture and The team was hosted by Murujuga land issues, and identifying ways to improve and sea management in Roebourne Kimberley Land Council 2017-18 Annual Report 65
Gooniyandi Rangers at KLC all-staff workshop, Broome, 2018.
and Dampier, as well as the Exmouth as the wider community. The project often with Yiriman, in engaging young District of DBCA and Baiyungu has strengthened the relationship people, sharing their commitment Traditional Owners. between the community and ranger to caring for country and culture, group, and led to a well-received and giving an insight into the ranger Gooniyandi Rangers presentation of the significance of this career path. The Gooniyandi Rangers are a work at the Community Services Sector Other highlights within this reporting strong, unified and committed team, Conference ‘Making Place’ in Perth, period include the completion of a who have continued to conduct which was attended by WA Premier Frog Information Book, developed in important cultural work, build Mark McGowan. collaboration with North Regional TAFE, partnerships, develop skills and share The team has also undertaken back- which is already being used in schools their knowledge. to-country trips to a range of locations, and communities, and the completion One of the key projects to occur including Dimond Gorge and Larrawa of the Gooniyandi dictionary. during the reporting period was Gorge. These trips have focused on Rounding out a busy year, the team the Gooniyandi Rangers role in a bushfoods and the recording of culture continued strong collaborations in repatriation project involving the and language alongside Gooniyandi order to optimise land management retrieval of remains from the old Traditional Owners. and threatened species conservation cemetery located on the bank and Continuing a history of strong efforts within the Gooniyandi native floodplain of the Fitzroy River and their support and collaboration with title area. This included sensor camera preparation for re-burial in accordance local educational institutions, the monitoring of the endangered wiliji with cultural tradition. This has been a Gooniyandi Rangers have been working (black-footed wallaby) alongside WWF, challenging and emotional project for with schools in the Fitzroy Valley, ongoing freshwater conservation the Gooniyandi ranger team, as well 66 Kimberley Land Council 2017-18 Annual Report
The first Kimberley Women Rangers Network Forum, Karajarri country, 2018.
work along the Margaret and Fitzroy The Karajarri IPA and ranger program Another major highlight was the Rivers with the National Environmental provided crucial support to the Karajarri Women’s Program hosting Science Program (NESP) and the Karajarri Traditional Lands Association the first Kimberley Women Rangers University of Western Australia, a in their successful partnership with Network Forum. Women rangers from wide range of training and skills Indigenous Land Corporation and around the Kimberley attended the development, and active management Ernst and Young which has led to the event to learn ranger skills and attend of fire, including support in suppression purchase of private land for the benefit workshops about cultural awareness, of late season fires in 2017, while of Karajarri people. social enterprise and bush medicine. effectively planning, lighting and The Karajarri rangers, with support The Karajarri ranger team continues to controlling early-season cool burns from Yiriman and Environs Kimberley, foster the next generation of rangers by in 2018. continue to support enterprise being committed to the employment development around seed collection, of two school based trainees. The Karajarri Rangers bush medicines and bush products Karajarri senior cultural ranger also The Karajarri Rangers have delivered visits the Bidyadanga school every a busy and comprehensive work plan Kija Rangers week for culture and natural resource throughout the reporting period. The Kija Rangers have been under great management lessons. The Karajarri team was successful pressure over the past year. Up until in receiving funding via the State The Karajarri team, with support from late 2017, the ranger team consisted Government’s Aboriginal Ranger Environs Kimberley and DBCA, has also of eight rangers, the majority of whom Program. This will see two new ranger started a five year project looking at were funded through the Green Army positions created within the team and undertaking biodiversity surveys and program. With the end of the Green additional funding and support for refining burning operations to better Army program, six Kija rangers lost their fire and biodiversity work in the Great understand how fire in the desert can positions. The team currently consists Sandy Desert. improve country. of one ranger coordinator and two Kija Kimberley Land Council 2017-18 Annual Report 67
One of the highlights of the reporting period for the Kija rangers was the first recording of a Scaly-tailed possum (Wyulda squamicaudata) within Kija country for over half a century.
rangers with the latter funded through the Working on County program.
The Kija team has invested significant time in trying to secure additional fee for service income to offset funding shortfalls. The Kija team has been successful in securing some additional fee-for-service work in the Warmun community and through the KLC, but still needs urgent funding support. The KLC is prioritising fundraising efforts for the Kija Rangers with proposals submitted through the WA Kija Rangers undertake weeding work, Purnululu. Ranger Program and Smart Farming Partnerships grants. education providers to undertake Ngurrara Rangers bush trips and hold workshops around Despite these challenges, the Kija It has been another highly productive conservation and land management. Rangers have continued their normal and successful year for the men and This relationship allows the rangers work program. In the 2017-18 reporting women of the Ngurrara ranger team. to act as professional role models for period the main projects undertaken This last year has seen Yanunijarra the school children, as well as other by the Kija Rangers included the Aboriginal Corporation (YAC) fully take community members. Flames and Feathers project, Bellyache over the Working on Country (WoC) and work and fee for service contracts. By One of the highlights of the reporting IPA contracts. YAC has been working conducting prescribed burning the period for the Kija rangers was the first together with the KLC to ensure the group is protecting local Gouldian recording of a Scaly-tailed possum PBC was supported throughout finch and Purple-crowned Fairy Wren (Wyulda squamicaudata) within Kija the process. habitat located on four Indigenous country for over half a century. The Ngurrara’s strong and committed pastoral stations. The rangers are rangers had been undertaking early ranger team delivered on numerous working with WWF to undertake season prescribed burning when large projects throughout the year, the dry and wet season bird surveys to they made the exciting discovery. key highlights being the culmination of develop a bird monitoring program. The sighting is the first in 58 years the Shell 2way learning project that saw In addition, the rangers are investing on Kija country and highlighted the engagement of close to 100 Fitzroy more time engaging with the Warmun the importance of Indigenous land Valley youth in on-country, traditional community. The Kija Rangers are management and strategic early knowledge transference field trips. highly visible working throughout season prescribed burning. their community and at local schools. Rangers had another busy year on the The rangers have been supporting Canning Stock Route, pushing further 68 Kimberley Land Council 2017-18 Annual Report
This last year has seen Yanunijarra Aboriginal Corporation (YAC) fully take over the Working on Country (WoC) and IPA contracts. YAC has been working together with the KLC to ensure the PBC was supported throughout the process.
continued along the Fitzroy River, one of the last habitats for this species and one the rangers are actively preserving using a combination of traditional knowledge and western science. A much-complimented presentation of this work was delivered by two Nyikina Mangala rangers at an event jointly supported by Murdoch University and the PEW Charitable Trust at the State Library in Perth.
The ranger team has also continued close collaboration with WWF in Ngurrara Rangers at the Parnkimanu Ngurrara celebrations. identifying and surveying populations south into the Great Sandy Desert Nyikina Mangala Rangers of the endangered black-footed rock wallaby (wiliji), which has entailed to work with Track Care to re-furbish The Nyikina Mangala Rangers have had the detection of new populations and and install a toilet at well 41. Rangers another highly successful year, with the involved the first drone survey of the helped re-line the collapsed well diverse range of work and long-term relevant ranges. It has resulted in the with plastic sleepers and installed a collaborative partnerships reflecting establishment of long-term monitoring renovated windlass system. their high levels of capability and sites to identify population-level capacity in delivering on the Walalakoo YAC and the Ngurrara Rangers will work impacts over time. with the KLC and North Regional TAFE Healthy Country Plan. Other highlights in this reporting period to continue to upskill the rangers with One of the greatest achievements included a back-to-country trip to Yarri Conservation and Land Management over this reporting period was the Yarri, together with the Yiriman Project training and work towards ranger Martuwarra cultural mapping trip, and senior Traditional Owners from graduation of certificate 3, ensuring accompanied by up to 12 Traditional both Nyikina and Mangala country, the the team members are trained and Owners and a National Environmental completion of a seasonal calendar in empowered to work efficiently and Science Program (NESP) researcher, collaboration with key cultural advisors safely on Ngurrara country. which resulted in the recording of and NESP/UWA, a range of joint training cultural sites and stories along nearly The Ngurrara Rangers look forward and knowledge exchanges alongside 150km of the Fitzroy River. The result to another rewarding, positive year other Kimberley ranger groups, and is an extensive database of detailed working together with the Kimberley successful collaboration with various maps, sites and stories. Ranger Network and stakeholders to organisations in fire management, deliver on the WoC and IPA contract Additionally, monitoring of the critically including wildfire suppression. and Healthy Country Plan. endangered freshwater sawfish has Kimberley Land Council 2017-18 Annual Report 69
Nyul Nyul rangers travelled to Perth and Alice Springs to present on bilbies with the Indigenous Desert Alliance and the National Bilby Recovery Team.
Nyul Nyul rangers working to protect Bobeiding from a bushfire. Copyright Hamsini Bijlani, WWF Australia.
In line with the wishes of the Walalakoo clearing for road works including they undertake in a documentary series Aboriginal Corporation (WAC) PBC bore sites, gravel pits, turkey nests called Outback. Rangers have also and in an acknowledgement of the and burrow pits. The rangers also been involved in another series with high-functioning nature of the ranger travelled to Perth and Alice Springs to Northern Pictures on the Lacepede team, Nyikina Mangala Rangers present on bilbies with the Indigenous Islands filming the parenting behaviour will be divesting from the KLC and Desert Alliance and the National of breeding Booby Birds. working directly for the Walalakoo Bilby Recovery Team, while work Aboriginal Corporation. with Environs Kimberley continues Uunguu Rangers to protect monsoonal vine thickets, The Uunguu Healthy Country Rangers, Nyul Nyul Rangers as well as weeding, seed collecting based in Kalumburu in the northern The Nyul Nyul Rangers welcomed a and revegetation. Kimberley, have continued work to new coordinator to the team in August deliver a variety of cultural, economic Gouldian Finch surveys continued with 2017. This means the Nyul Nyul ranger and ecological outcomes on Wunambal support from WWF, including plans to team is now fully Indigenous led Gaambera country. A new ranger trial artificial nesting boxes in Gouldian and employed. In September 2017, coordinator has joined the Wunambal habitat next breeding season. The Nyul two Nyul Nyul rangers were involved Gaambera team, with a specific task Nyul Rangers hosted a Remote Area in a ranger exchange to Paruku to of mentoring and coaching the Head Advanced first aid course in May with undertake work on threatened species, Ranger to take on more leadership some of the Bardi Jawi and Nyikina such as the bilby and night parrot. responsibilities. Mangala rangers travelling to Beagle The Nyul Nyul Rangers also Bay to participate. The Wunambal Gaambera Healthy commenced a contract to undertake Country Team, which includes Uunguu Another highlight, was the featuring bilby monitoring with Main Roads, Rangers, the Healthy Country Manager of the Nyul Nyul Rangers and the work including surveys on any proposed and four Wunambal Gaambera 70 Kimberley Land Council 2017-18 Annual Report
The Uunguu Rangers hosted a four-day cultural camp for 12 Kalumburu school children and teaching staff at Garmbemirri. Several rock art and historical trips and cultural workshops were delivered by the rangers.
Uunguu Rangers, Traditional Owners and WGAC staff on the 2018 annual firewalk through the Lawley River area.
Aboriginal Corporation (WGAC) school children and teaching staff at The work was further celebrated when Directors, met to review the Wunambal Garmbemirri. Several rock art and Wunambal Gaambera Aboriginal Gaambera Healthy Country Plan, historical trips and cultural workshops Corporation was recognised as a annual progress reports and Uunguu were delivered by the rangers. This global leader in conservation planning Ranger Operational reports. In addition, has been the fourth cultural camp with an international award from the team held various meetings to organised by the school and the the Conservation Coaches Network present on fire and visitor management Uunguu Rangers. (CCNET) for the world’s first Healthy operations. Country Plan, now a model for 30 The Uunguu Rangers were also similar plans adopted by indigenous The Uunguu Visitor Pass (UVP) was involved in numerous threatened groups nationwide. launched in February 2017 for the species projects. Marine turtle and Uunguu coast zone, registering tour seagrass/dugong monitoring was Three rangers completed their operators and issuing UVP permits for completed in August 2017 and Certificate Three in Conservation and independent travellers (yachts). Further kangaroo and mammal monitoring Land Management and the Uunguu work continues to secure 100 per cent was completed including camera trap administration assistant recently participation by industry and work with deployment at Monger Creek – initial completed Certificate Three in neighbouring groups (Dambimangari results show a new population of Business. Commercial marine training and Balanggarra) to provide a one-stop Northern Quoll and Northern Brown started in February 2018. Biosecurity visitor permit across the northern WA Bandicoot. The Rangers also attracted and emergency response training coast. The UVP covering permission for national attention when they collected commenced in November 2017 and will the Ngauwudu (Mitchell Plateau) 4WD scats which have been identified as finish in 2018. area was launched in March 2018. those of nabarlek – a species not Paruku Rangers seen on the Kimberley mainland for The Uunguu Rangers hosted a four- The Paruku Rangers have spent the decades. day cultural camp for 12 Kalumburu 2017-18 reporting period focusing on Kimberley Land Council 2017-18 Annual Report 71
The most notable event has been the discovery of the endangered night parrot by the Paruku Rangers in 2017, in what is one of only a handful of known remaining populations of the species.
threatened species, recording cultural knowledge, solidifying partnerships, and strengthening their long-standing ties with the local school, while also continuing to carry out a range of land management activities around the IPA.
The most notable event has been the discovery of the endangered night parrot by the Paruku Rangers in 2017, in what is one of only a handful of known remaining populations of the species. Since the first confirmed detection, the ranger team, supported by WWF, has Paruku Rangers Wayne Johns and Jamie Brown set up sound metres to capture a recording of the nightWILIJI parrot. PHOTO - MON TO SEND continued to leverage both traditional knowledge and advanced technologies connection to country. This has also period, both the Wunggurr Rangers and to monitor the population and identify resulted in greater awareness of the Nyaliga Rangers were supported. and survey other possible sites with conservation mandate of the IPA. similar habitat. Strong partnerships A highly successful back to country have allowed them to benefit from Other significant events during the trip was organised at El Questro in professional scientific analysis of data reporting period included back-to- July 2017. The trip was attended by collected in the field – both related country trips to Jalyirr, accompanied approximately 100 Traditional Owners to night parrots and other threatened by local Traditional Owners, excursions and partners with cultural activities species, such as the bilby. to record cultural sites and traditional including Ngarinyin language practice, knowledge, the ranger coordinator’s junba workshops and performance, Bird lovers have increasingly been participation in 10 Deserts project painting and totem making, making drawn to the IPA, with the rangers meetings, fee-for-service work such fire with fire sticks and video, and actively maintaining visitor facilities, as at Wolfe Creek Crater, and ongoing phototography workshops. The trip educating guests on their country, and invasive species management. was hosted by Nyaliga Aboriginal managing the impact of tourism on the Corporation and El Questro Wilderness landscape. Wunggurr Rangers Park, and supported by both the Wilinggin’s Healthy Country team has Wunggurr and Nyaliga ranger teams. Within their community, the Paruku continued to make solid progress in Activities were delivered in partnership Rangers have continued a close implementing the Wilinggin Healthy with Mowanjum Arts Centre and relationship with the school, enhancing Country Plan 2012-2022 in accordance the Kimberley Aboriginal Law and the cultural and environmental with the strategic direction provided by Culture Centre. education provided to students Wilinggin’s Healthy Country Advisory through site visits, ranger talks, Committee. In the 2017-18 reporting and active promotion of a strong 72 Kimberley Land Council 2017-18 Annual Report
Wunggurr Rangers hosted a back to country trip with more than 100 Traditional Owners and partners in attendance. Cultural activities including Ngarinyin language practice, junba workshops and performance, painting and totem making, making fire with fire sticks, video, and photography workshops.
the MERI framework and subsequent action has been taken to implement it.
Wilinggin’s Healthy Country team continued to support aerial and ground burning operations in the early dry season to manage fire across 14,000 square kilometers of exclusive possession native title land. This work is producing multiple environmental, cultural, economic and social benefits.
In addition, the rangers are now using innovative drone technology to FIRE PLANNING MEETING WITH NYIKINA MANGALA RANGERS AT WILLARE Wunggurr Rangers undertake a fire walk in 2018. improve WH&S standards surrounding fire management activities and to open On the threatened species front, the surveillance and treat any re-emerging up new opportunities including rock Nyaliga Rangers, in partnership with plants over the next three years has art site inventories, threatened species WWF, conducted bio-acoustic surveys been transferred to the newly formed surveys and media related activities. at three sites for Purple-crowned Fairy- Nyaliga Rangers who comprise wrens, water point monitoring at one Traditional Owners for this area site for Gouldian finches and sensor of country. camera surveys at three sites to record Wilinggin’s Healthy Country program presence/absence of small mammals is currently refining its monitoring, on Karunjie pastoral lease. More than evaluation, reporting and improvement 40 individual Purple-crowned Fairy- (MERI) plan in order to better guide the wrens were counted along a 2.5 km rangers’ data collection efforts so that stretch of the Durack River indicating they are collecting what is required a very significant population. No to assess whether the program is on Gouldian finches were recorded. track at the strategy, threat and target The Wunggurr Rangers have made levels. Two consultants have been significant progress in controlling two engaged to work with Wilinggin’s highly invasive and transformative Healthy Country team to refine its MERI grass species, known as Gamba grass framework. A workshop was held with and Grader grass. Following four years Wilinggin’s Healthy Country team and of wet season control, an infestation representatives of Wilinggin’s Healthy of Gamba grass on El Questro Station Country Advisory Committee on 14-16 is close to being locally eradicated. November 2017 in Derby to develop The remaining work to maintain Kimberley Land Council 2017-18 Annual Report 73
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)
Financial Report for the Year Ended 30 June 2018
Contents Page No
Directors Report 2 Auditor's Independence Declaration 4 Statement of Profit or Loss and Other Comprehensive Income 5 Statement of Financial Position 6 Statement of Changes in Equity 7 Statement of Cash Flows 8 Notes to the Financial Statements 9 Directors' Declaration 27 Independent Auditor's Report 28
1 74 Kimberley Land Council 2017-18 Annual Report
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) DIRECTORS REPORT Corporations (Aboriginal and Torres Strait Islander) Act 2006 For the Year Ended 30th June 2018
The directors present this report on the Corporation for the financial year ended 30 June 2018.
Directors The names of each person who has been a director during the year and to the date of this report are: (Where not otherwise noted in brackets, directors held position for duration of the financial year)
Nolan Hunter Anthony Watson (Chairman) Merle Carter (Deputy Chair) Bobetta Albert Cecilia Gore‐Birch Elizabeth Jingle Joy Nugget Valarie Wiggan Greg Tait Shirley Purdie Shirley Drill Gordon Marshall Elizabeth Lulu Frank Davey Marion Dolby Glenn Bonney Marianne Skeen Albert Cox *Francis Djiagween Felicity Smith Albert Bevan (approved as alternate Director 11/7/17) Catherine Goonack (appointed 20/9/17) Rosetta Sahanna (appointed 20/9/18) Wayne Bergmann – Cultural Advisor Patrick Mung – Cultural Advisor Irene Davey – Cultural Advisor Jean Malay – Cultural Advisor Kathy O’Reeri (Resigned 14/9/17)
* Mr Djiagween sadly passed away during the reporting period.
Principal Activities
The Corporation's principal activities during the year were the provision of Native Title Representative Services and Environmental Land Management support services.
2 Kimberley Land Council 2017-18 Annual Report 75
3
Level 15, Exchange Tower, 2 The Esplanade, Perth, WA 6000 76 Kimberley Land Council 2017-18 Annual Report PO Box 5785, St Georges Terrace, WA 6831
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AUDITOR’S INDEPENDENCE DECLARATION UNDER S339.50 OF THE CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) Level 15, Exchange Tower, ACT 2006 AND SECTION 60-40 OF THE CHARITIES AND NOT-FOR-PROFITS 2 The Esplanade, Perth, WA 6000 PO Box 5785, St Georges Terrace, COMMISSION TO THE DIRECTORS OF KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION WA 6831
T +61 (0)8 9225 5355 F +61 (0)8 9225 6181 I declare that, to the best of my knowledge and belief, during the year ended 30 June 2018 there have been www.moorestephens.com.au no contraventions of:
AUDITOR’Si. INDEPENthe auditorDENCE independence DECLARATION requirements UNDER S339.50 as set out in the Corporations (Aboriginal and Torres OF THE CORPORATIONSStrait Islander) (ABORIGINAL Act 2006 or AND the TORRES Australian STRAIT Charities ISLANDER) and Not -for-profits Commission Act 2012 in ACT 2006 ANDrelation SECTION to 60the-40 audit; OF TH andE CHARITIES AND NOT-FOR-PROFITS COMMISSION TO THE DIRECTORS OF KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ii. any applicable code of professional conduct in relation to the audit.
I declare that, to the best of my knowledge and belief, during the year ended 30 June 2018 there have been
no contraventions of:
i. the auditor independence requirements as set out in the Corporations (Aboriginal and Torres Strait Islander) Act 2006 or the Australian Charities and Not-for-profits Commission Act 2012 in SHAUNrelation WILLIAMS to the audit; and MOORE STEPHENS ii.PARTNER any applicable code of professional conduct in relationCHARTERED to the audit. ACCOUNTANTS
Signed at Perth this 4th day of September 2018
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4 Liability limited by a scheme approved under Professional Standards Legislation. Moore Stephens - ABN 16 874 357 907. An independent member of Moore Stephens International Limited - members in principal cities throughout the world. The Perth Moore Stephens firm is not a partner or agent of any other Moore Stephens firm.
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) STATEMENT OF PROFIT OR LOSS AND OTHER COMPREHENSIVE INCOME FOR THE YEAR ENDED 30 JUNE 2018
Note 2018 2017 $$
Revenue 2 21,684,470Kimberley Land Council 2017-18 21,988,396 Annual Report 77 Other Revenue 2 3,050,827 3,799,565 Employee Benefits Expenses (12,454,509) (12,136,329) Depreciation ExpensesKIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21)3 (638,124) (659,396) Impairment ExpenseSTATEMENT OF PROFIT OR LOSS AND OTHER COMPREHENSIVE INCOME 3 (5,726,241) ‐ Finance Costs FOR THE YEAR ENDED 30 JUNE 20183 (62,257) (69,376) Rental Expenses 3 (928,327) (825,235) Supplier Expenses (10,859,032) (12,399,375) Note 2018 2017 $$
Surplus/(Deficit) from Ordinary (5,933,193) (301,750) RevenueActivities 2 21,684,470 21,988,396 Other Revenue 2 3,050,827 3,799,565 Employee Benefits ExpensesOther Comprehensive Income (12,454,509)‐ (12,136,329)‐ Depreciation Expenses 3 (638,124) (659,396) Impairment ExpenseTotal Other Comprehensive Income 3 (5,726,241)‐ ‐ Finance Costs 3 (62,257) (69,376) Rental Expenses 3 (928,327) (825,235) Supplier ExpensesTotal Comprehensive Income for the Year (10,859,032)(5,933,193) (12,399,375) (301,750)
Surplus/(Deficit) from Ordinary (5,933,193) (301,750) Activities
Other Comprehensive Income ‐ ‐
Total Other Comprehensive Income ‐ ‐
Total Comprehensive Income for the Year (5,933,193) (301,750)
The accompanying notes form part of these financial statements.
5
The accompanying notes form part of these financial statements.
5 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2018
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) 78 Kimberley Land Council 2017-18STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2018 Annual Report Note 2018 2017 $$
CURRENT ASSETS Note 2018 2017 Cash and Cash Equivalents 4 14,207,162$$ 14,066,213 Trade and Other Receivables 5 568,731 1,244,437 Other AssetsCURRENT ASSETS 6 241,501 131,193 TOTAL CURRENT ASSETS Cash and Cash Equivalents 415,017,394 14,207,162 15,441,843 14,066,213 Trade and Other Receivables 5 568,731 1,244,437 NON‐CURRENT ASSETS Other Assets 6 241,501 131,193 Property, Plant and EquipmentTOTAL CURRENT ASSETS 7 10,498,67215,017,394 16,060,141 15,441,843 TOTAL NON‐CURRENT ASSETS 10,498,672 16,060,141 NON‐CURRENT ASSETS TOTAL ASSETSProperty, Plant and Equipment 725,516,066 10,498,672 31,501,984 16,060,141 TOTAL NON‐CURRENT ASSETS 10,498,672 16,060,141 CURRENT LIABILITIES Trade and Other PayablesTOTAL ASSETS 8 2,757,84225,516,066 2,661,746 31,501,984 Unexpended Grants 5,729,839 6,704,873 BorrowingsCURRENT LIABILITIES 9 ‐ 222,516 ProvisionsTrade and Other Payables 108 2,075,453 2,757,842 1,677,668 2,661,746 TOTAL CURRENT LIABILITIES Unexpended Grants 10,5635,729,839,134 11,266 6,704,873,803 Borrowings 9 ‐ 222,516 NON‐CURRENT LIABILITIES Provisions 10 2,075,453 1,677,668 BorrowingsTOTAL CURRENT LIABILITIES 9 1,775,00010,563,134 1,124,056 11,266,803 Provisions 10 ‐ ‐ TOTAL NON‐CURRENT LIABILITIES NON‐CURRENT LIABILITIES 1,775,000 1,124,056 Borrowings 9 1,775,000 1,124,056 TOTAL LIABILTIESProvisions 10 12,338,134‐ 12,390,859 ‐ TOTAL NON‐CURRENT LIABILITIES 1,775,000 1,124,056 NET ASSETS 13,177,932 19,111,125 TOTAL LIABILTIES 12,338,134 12,390,859
EQUITYNET ASSETS 13,177,932 19,111,125 Retained Surplus 13,177,932 19,111,125 TOTAL EQUITY 13,177,932 19,111,125 EQUITY Retained Surplus 13,177,932 19,111,125 TOTAL EQUITY 13,177,932 19,111,125
The accompanying notes form part of these financial statements.
The accompanying notes form part of these financial statements. 6
6 Kimberley Land Council 2017-18 Annual Report 79
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) STATEMENT OF CHANGES IN EQUITY FOR THE YEAR ENDED 30TH JUNE 2018
Retained Note Surplus Total $$ Balance at 30 June 2016 19,412,875 19,412,875
Comprehensive Income Surplus/(Deficit) attributable to entity (301,750) (301,750) Total comprehensive Income (301,750) (301,750) Balance at 30 June 2017 19,111,125 19,111,125
Comprehensive Income Surplus/(Deficit) attributable to entity (5,933,193) (5,933,193) Total comprehensive Income (5,933,193) (5,933,193) Balance at 30 June 2018 13,177,932 13,177,932
The accompanying notes form part of these financial statements.
7 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2018
80 Kimberley Land Council 2017-18 Annual Report Note 2018 2017 $$
CURRENT ASSETS KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) Cash and Cash Equivalents STATEMENT OF CASH FLOWS FOR THE YEAR ENDED 30TH JUNE 20184 14,207,162 14,066,213 Trade and Other Receivables 5 568,731 1,244,437 Other Assets 6 241,501 131,193 TOTAL CURRENT ASSETS 15,017,394 15,441,843 2018 2017 NON‐CURRENT ASSETS Note $ $ Property, Plant and EquipmentCash Flows from Operating Activities 7 10,498,672 16,060,141 TOTAL NON‐CURRENT ASSETS Receipt of Grants 10,498,672 22,360,176 16,060,141 21,621,307 Other Receipts 2,795,400 3,545,342 TOTAL ASSETSRent Received 25,516,066 17,850 31,501,984 18,560 Interest Received 237,577 235,663 Payment to Suppliers and Employees (24,833,329) (21,546,683) CURRENT LIABILITIES Finance Costs (62,257) (69,376) Trade and Other Payables 8 2,757,842 2,661,746 Unexpended GrantsNet cash provided by Operating Activities 5,729,83916 515,417 6,704,873 3,804,813 Borrowings 9 ‐ 222,516 ProvisionsCash Flows from Investing Activities 10 2,075,453 1,677,668 TOTAL CURRENT LIABILITIES Purchase of Property, Equipment and Vehicles 10,563,134(180,365) 11,266,803 (69,396) Purchase of Land and Buildings (622,531) (112,284) NON‐CURRENT LIABILITIES Proceeds from sale of fixed assets ‐ ‐ BorrowingsNet cash (used in)/provided by Investing Activities 9 1,775,000(802,896) 1,124,056 (181,680) Provisions 10 ‐ ‐ TOTAL NON‐CURRENT LIABILITIES 1,775,000 1,124,056 Cash Flows from Financing Activities Repayment of Borrowings ‐ (212,563) TOTAL LIABILTIES 12,338,134 12,390,859 Proceeds from Borrowings 428,428 ‐
NET ASSETSNet cash (used in)/provided by Financing Activities 13,177,932 428,428 19,111,125 (212,563)
EQUITYNet Increase/(Decrease) in Cash Held 140,949 3,410,571 Retained SurplusCash at Beginning of Year 13,177,932 14,066,213 19,111,125 10,655,642 TOTAL EQUITYCash and Cash Equivalents at the End of the Year 13,177,9324 14,207,162 19,111,125 14,066,213
The accompanying notes form part of these financial statements.
6
The accompanying notes form part of these financial statements.
8 Kimberley Land Council 2017-18 Annual Report 81
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
The financial statements are for the Corporation being Not For Profit (RDR) as an individual entity, incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 and domiciled in Australia. Kimberley Land Council Aboriginal Corporation is a company limited by guarantee.
Note 1: Summary of Significant Accounting Policies Basis of Preparation The financial statements are general purpose financial statements that have been prepared in accordance with Australian Accounting Standards – Reduced Disclosure Requirements of the Australian Accounting Standards Board, the Corporations (Aboriginal and Torres Strait Islander) Act 2006 and the Corporations (Aboriginal and Torres Strait Islander) Regulation 2007. The Corporation is a not‐for‐profit entity for financial reporting purposes under Australian Accounting Standards.
Australian Accounting Standards set out accounting policies that the AASB has concluded would result in financial statements containing relevant and reliable information about transactions, events and conditions. Material accounting policies adopted in the preparation of these financial statements are presented below and have been consistently applied unless otherwise stated. The financial statements, except for the cash flow information, have been prepared on an accruals basis and are based on historical costs, modified, where applicable, by the measurement at fair value of selected non‐current assets, financial assets and financial liabilities. The amounts presented in the financial statements have been rounded to the nearest dollar.
Accounting Policies a. Revenue Grant revenue is recognised in the statement of comprehensive income when the entity obtains control of the grant and it is probable that the economic benefits gained from the grant will flow to the entity and the amount of the grant can be measured reliably.
If conditions are attached to the grant which must be satisfied before it is eligible to receive the contribution, the recognition of the grant as revenue will be deferred until those conditions are satisfied.
When grant revenue is received whereby the entity incurs an obligation to deliver economic value directly back to the contributor, this is considered a reciprocal transaction and the grant revenue is recognised in the state of financial position as a liability until the service has been delivered to the contributor, otherwise the grant is recognised as income on receipt.
Donations and bequests are recognised as revenue when received. Interest revenue is recognised using the effective interest rate method, which for floating rate financial assets is the rate inherent in the instrument. Dividend revenue is recognised when the right to receive a dividend has been established. Revenue from the rendering of a service is recognised upon the delivery of the service to the customers.
All revenue is stated net of the amount of goods and services tax (GST). b. Inventories Inventories are measured at the lower of cost and current replacement cost. Inventories held for distribution are measured at cost adjusted, when applicable, for any loss of service potential. Inventories acquired at no cost, or for nominal consideration, are valued at the current replacement cost as at the date of acquisition.
9 82 Kimberley Land Council 2017-18 Annual Report
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 1: Summary of Significant Accounting Policies (Continued)
c. Property, Plant and Equipment
Each class of property, plant and equipment is carried at cost or fair value as indicated, less, where applicable, accumulated depreciation and any impairment losses.
Initial Recognition All assets are initially recognised at cost. Cost is determined as the fair value of the assets given as consideration plus costs incidental to the acquisition. For assets acquired at no cost or for nominal consideration, cost is determined as fair value at the date of acquisition. The cost of non‐current assets constructed by the Entity includes the cost of all materials used in construction, direct labour on the project and an appropriate proportion of variable and fixed overheads.
Subsequent costs are included in the asset's carrying amount or recognised as a separate asset, as appropriate, only when it is probable that future economic benefits associated with the item will flow to the Entity and the cost of the item can be measured reliably. All other repairs and maintenance are recognised as expenses in the statement of comprehensive income in the period in which they are incurred.
Revaluation When performing a revaluation, the Entity uses a mix of both independent and directors' valuations using the following as a guide: Revalued assets are carried at their fair value being the price that would be received to sell the asset, in an orderly transaction between market participants at the measurement date (Level 1 inputs in the fair value hierarchy). With regards to independent valuations of land and buildings, fair value is determined on the basis of observable open market values of similar assets, adjusted for conditions and comparability at their highest and best use (Level 2 inputs in the fair value hierarchy).
With regards to directors' valuation of land and buildings, fair value is determined having regard for current replacement cost and both observable and unobservable costs. These include construction costs based on recent contract prices, current condition (observable Level 2 inputs in the fair value hierarchy), residual values and remaining useful life assessments (unobservable Level 3 inputs in the fair value hierarchy).
Those assets carried at a revalued amount, being their fair value at the date of revaluation less any subsequent accumulated depreciation and accumulated impairment losses, are to be revalued with sufficient regularity to ensure the carrying amount does not differ materially from that determined using fair value at reporting date. Land and Buildings Land and buildings are shown at their fair value based on periodic valuations by external independent valuers less subsequent depreciation for buildings.
In periods when land and buildings are not subject to an independent valuation, the directors conduct directors’ valuations to ensure the carrying amount for the land and buildings is not materially different to the fair value. Increases in the carrying amount arising on revaluation of land and buildings are recognised in other comprehensive income and accumulated in the revaluation surplus in equity. Revaluation decreases that offset previous increases of the same class of assets shall be recognised in other comprehensive income under the heading of revaluation surplus. All other decreases are charged to the statement of profit or loss.
10 Kimberley Land Council 2017-18 Annual Report 83
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 1: Summary of Significant Accounting Policies (Continued) c. Property, Plant and Equipment (Continued)
Any accumulated depreciation at the date of the revaluation is eliminated against the gross carrying amount of the asset and the net amount is restated to the revalued amount of the asset. Land and buildings that have been contributed at no cost, or for nominal cost, are valued and recognised at the fair value of the asset at the date it is acquired.
Plant and Equipment Plant and equipment are measured on the cost basis less depreciation and impairment losses. The carrying amount of plant and equipment is reviewed annually by directors to ensure it is not in excess of the recoverable amount from these assets. The recoverable amount is assessed on the basis of the expected net cash flows that will be received from the asset’s employment and subsequent disposal. The expected net cash flows have been discounted to their present values in determining recoverable amounts. Plant and equipment that have been contributed at no cost, or for nominal cost, are valued and recognised at the fair value of the asset at the date it is acquired. Depreciation The depreciable amount of all fixed assets, including buildings and capitalised lease assets, but excluding freehold land, is depreciated on a straight line basis over the asset’s useful life to the entity commencing from the time the asset is held ready for use. Leasehold improvements are depreciated over the shorter of either the unexpired period of the lease or the estimated useful lives of the improvements.
The depreciation rates used for each class of depreciable assets are:
Class of Fixed Asset Depreciation Rate Buildings 2.5% Plant and equipment 10%‐40% Leased plant and equipment 33%
The assets’ residual values and useful lives are reviewed, and adjusted if appropriate, at the end of each reporting period. Each asset class’s carrying amount is written down immediately to its recoverable amount if the class’s carrying amount is greater than its estimated recoverable amount. Gains and losses on disposals are determined by comparing proceeds with the carrying amount. These gains or losses are included in the statement of comprehensive income in the period in which they arise. When revalued assets are sold, amounts included in the revaluation surplus relating to that asset are transferred to retained earnings. Capitalisation Threshold Expenditure on items of equipment under $10,000 is not capitalised.
11 84 Kimberley Land Council 2017-18 Annual Report
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 1: Summary of Significant Accounting Policies (Continued)
e. Financial Instruments (Continued) Classification and Subsequent Measurement (Continued) (i) Financial assets at fair value through profit or loss Financial assets are classified at “fair value through profit or loss” when they are held for trading for the purpose of short‐term profit taking, or where they are derivatives not held for hedging purposes, or when they are designated as such to avoid an accounting mismatch or to enable performance evaluation where a group of financial assets is managed by key management personnel on a fair value basis in accordance with a documented risk management or investment strategy. Such assets are subsequently measured at fair value with changes in carrying value being included in profit or loss. (ii) Loans and receivables Loans and receivables are non‐derivative financial assets with fixed or determinable payments that are not quoted in an active market and are subsequently measured at amortised cost.
Loans and receivables are included in current assets, except for those which are not expected to mature within 12 months after the end of the reporting period. (All other loans and receivables are classified as non‐current assets.)
(iii) Held‐to‐maturity investments Held‐to‐maturity investments are non‐derivative financial assets that have fixed maturities and fixed or determinable payments, and it is the entity’s intention to hold these investments to maturity. They are subsequently measured at amortised cost.
Held‐to‐maturity investments are included in non‐current assets, except for those which are expected to mature within 12 months after the end of the reporting period. (All other investments are classified as current assets.)
If during the period the corporation sold or reclassified more than an insignificant amount of the held‐to‐ maturity investments before maturity, the entire held‐to‐maturity investments category would be tainted and reclassified as available‐for‐sale.
(iv) Available‐for‐sale financial assets
Available‐for‐sale financial assets are non‐derivative financial assets that are either not capable of being classified into other categories of financial assets due to their nature, or they are designated as such by management. They comprise investments in the equity of other entities where there is neither a fixed maturity nor fixed or determinable payments. Such assets are subsequently measured at fair value.
Available‐for‐sale financial assets are included in non‐current assets, except for those which are expected to be disposed of within 12 months after the end of the end of the reporting period. (All other financial assets are classified as current assets.). (v) Financial liabilities Non‐derivative financial liabilities (excluding financial guarantees) are subsequently measured at amortised cost.
Fair value Fair value is determined based on current bid prices for all quoted investments. Valuation techniques are applied to determine the fair value for all unlisted securities, including recent arm’s length transactions, reference to similar instruments and option pricing models.
13 Kimberley Land Council 2017-18 Annual Report 85
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 1: Summary of Significant Accounting Policies (Continued) e. Financial Instruments (Continued) Impairment At the end of each reporting period, the entity assesses whether there is objective evidence that a financial instrument has been impaired. In the case of available‐for‐sale financial instruments, a prolonged decline in the value of the instrument is considered to determine whether an impairment has arisen. Impairment losses are recognised in the statement of profit or loss. Derecognition
Financial assets are derecognised where the contractual rights to receipt of cash flows expire or the asset is transferred to another party whereby the entity no longer has any significant continuing involvement in the risks and benefits associated with the asset. Financial liabilities are derecognised where the related obligations are discharged, cancelled or expired. The difference between the carrying value of the financial liability, which is extinguished or transferred to another party, and the fair value of consideration paid, including the transfer of non‐cash assets or liabilities assumed, is recognised in profit or loss. f. Impairment of Assets At the end of each reporting period, the entity reviews the carrying values of its tangible and intangible assets to determine whether there is any indication that those assets have been impaired. If such an indication exists, the recoverable amount of the asset, being the higher of the asset’s fair value less costs to sell and value in use, is compared to the asset’s carrying value. Any excess of the asset’s carrying value over its recoverable amount is expensed to the statement of profit or loss. Where the future economic benefits of the asset are not primarily dependent upon the asset’s ability to generate net cash inflows and when the entity would, if deprived of the asset, replace its remaining future economic benefits, value in use is determined as the depreciated replacement cost of an asset.
Where it is not possible to estimate the recoverable amount of a class of assets, the entity estimates the recoverable amount of the cash‐generating unit to which the class of assets belong. Where an impairment loss on a revalued asset is identified, this is debited against the revaluation surplus in respect of the same class of asset to the extent that the impairment loss does not exceed the amount in the revaluation surplus for that same class of asset.
A revaluation was conducted over the Corporation's main office building at 11 Gregory Street in Broome by independent valuers in March 2018 resulting in an impairment. Utilising the market income capitalisation approach, a decrement of $5,726,241 was recorded against the value of the building to bring it to fair value as disclosed in Note 7. g. Employee Benefits Short‐Term Employee Benefits Provision is made for the Corporation’s obligations for short‐term employee benefits. Short‐term employee benefits are benefits (other than termination benefits) that are expected to be settled wholly before 12 months after the end of the annual reporting period in which the employees render the related service, including wages, salaries and time off in lieu. Short‐term employee benefits are measured at the (undiscounted) amounts expected to be paid when the obligation is settled.
14 86 Kimberley Land Council 2017-18 Annual Report KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 1: Summary of Significant Accounting Policies (Continued)
g. Employee Benefits (Continued) Short‐Term Employee Benefits (Continued)
The Corporation’s obligations for short‐term employee benefits such as wages, salaries and time off in lieu are recognised as a part of current provisions in the statement of financial position.
Other Long‐Term Employee Benefits
Provision is made for employees’ long service leave and annual leave entitlements not expected to be settled wholly within 12 months after the end of the annual reporting period in which the employees render the related service. Other long‐term employee benefits are measured at the present value of the expected future payments to be made to employees. Expected future payments incorporate anticipated future wage and salary levels, durations or service and employee departures and are discounted at rates determined by reference to market yields at the end of the reporting period on government bonds that have maturity dates that approximate the terms of the obligations. Any remeasurements for changes in assumptions of obligations for other long‐term employee benefits are recognised in profit or loss in the periods in which the changes occur.
The Corporation’s obligations for long‐term employee benefits are presented as non‐current provisions in its statement of financial position, except where the Corporation does not have an unconditional right to defer settlement for at least 12 months after the end of the reporting period, in which case the obligations are presented as current provisions. h. Cash and Cash Equivalents
Cash and cash equivalents include cash on hand, deposits held at call with banks, other short‐term highly liquid investments with original maturities of three months or less, and bank overdrafts. Bank overdrafts are shown within short‐term borrowings in current liabilities on the statement of financial position.
i. Goods and Services Tax (GST) Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverable from the Australian Taxation Office (ATO). In these circumstances the GST is recognised as part of the cost of acquisition of the asset or as part of an item of expense. The net amount of GST recoverable from, or payable to, the ATO is included as part of receivables or payables in the statement of financial position. Cash flows are included in the statement of cash flows on a gross basis, except for the GST component of cash flows arising from investing and financing activities which is recoverable from, or payable to, the ATO. The GST component of financing and investing activities which is recoverable from, or payable to, the ATO is classified as a part of operating cash flows. Accordingly, investing and financing cash flows are presented in the statement of cash flows net of the GST that is recoverable from, or payable to, the ATO.
j. Income Tax No provision for income tax has been raised as the entity is exempt from income tax under Div 50 of the Income Tax Assessment Act 1997 . k. Intangibles Software Software is recorded at cost. Software has a finite life and is carried at cost less any accumulated amortisation and impairment losses. It has an estimated useful life of between one and three years. It is assessed annually for impairment.
15 Kimberley Land Council 2017-18 Annual Report 87
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 1: Summary of Significant Accounting Policies (Continued) l. Provisions Provisions are recognised when the entity has a legal or constructive obligation, as a result of past events, for which it is probable that an outflow of economic benefits will result and that outflow can be reliably measured. Provisions recognised represent the best estimate of the amounts required to settle the obligation at the end of the reporting period. m. Comparative Figures
Where required by Accounting Standards, comparative figures have been adjusted to conform with changes in presentation for the current financial year. When an entity applies an accounting policy retrospectively, makes a retrospective restatement or reclassifies items in its financial statements, a statement of financial position as at the beginning of the earliest comparative period must be disclosed. n. Trade and Other Payables Trade and other payables represent the liability outstanding at the end of the reporting period for goods and services received by the corporation during the reporting period which remain unpaid. The balance is recognised as a current liability with the amounts normally paid within 30 days of recognition of the liability. o. Critical Accounting Estimates and Judgments
The directors evaluate estimates and judgments incorporated into the financial statements based on historical knowledge and best available current information. Estimates assume a reasonable expectation of future events and are based on current trends and economic data, obtained both externally and within the corporation.
Key estimates Impairment The freehold land and buildings were independently valued between April and June 2015, with the main Gregory Street property indpendently valued in March 2018. The valuations were based on the fair value less cost to sell and market income capitalisation respectively. The critical assumptions adopted in determining the valuation included the location of the land and buildings, the current strong demand for land and buildings in the area and recent sales and rental data for similar properties. p. Economic Dependence The Entity is dependent on the grants from Government for the majority of its revenue used to operate the business. At the date of this report the Board of Directors believes that adequate funding will continue to enable the entity to continue operations.
16 88 Kimberley Land Council 2017-18 Annual Report KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 1: Summary of Significant Accounting Policies (Continued)
q. New Accounting Standards for Application in Future Periods
The AASB has issued a number of new and amended Accounting Standards that have mandatory application dates for future reporting periods, some of which are relevant to the company. The directors have decided not to early adopt any of the new and amended pronouncements. Their assessment of the pronouncements that are relevant to the company but applicable in future reporting periods is set out below:
(i) AASB 9: Financial Instruments and associated Amending Standards (applicable to annual reporting periods beginning on or after 1 January 2018). The Standard will be applicable retrospectively (subject to the provisions on hedge accounting outlined below) and includes revised requirements for the classification and measurement of financial instruments, revised recognition and derecognition requirements for financial instruments, and simplified requirements for hedge accounting. The key changes that may affect the company on initial application of include certain simplifications to the classification of financial assets, simplifications to the accounting of embedded derivatives, upfront accounting for expected credit loss, and the irrevocable election to recognise gains and losses on investments in equity instruments that are not held for trading in other comprehensive income. AASB 9 also introduces a new model for hedge accounting that will allow greater flexibility in the ability to hedge risk, particularly with respect to hedges of non‐financial items. Should the entity elect to change its hedge policies in line with the new hedge accounting requirements of the Standard, the application of such accounting would be largely prospective. The directors believe that no significant impact will arise from the adoption of AASB 9 on the corporation's financial instruments.
(ii) AASB 15: Revenue from Contracts with Customers (applicable to annual reporting periods beginning on or after 1 January 2018, as deferred by AASB 2015‐8: Amendments to Australian Accounting Standards – Effective Date of AASB 15).
When effective, this Standard will replace the current accounting requirements applicable to revenue with a single, principles‐based model. Apart from a limited number of exceptions, including leases, the new revenue model in AASB 15 will apply to all contracts with customers as well as non‐monetary exchanges between entities in the same line of business to facilitate sales to customers and potential customers.
The core principle of the Standard is that an entity will recognise revenue to depict the transfer of promised goods or services to customers in an amount that reflects the consideration to which the entity expects to be entitled in exchange for the goods or services. To achieve this objective, AASB 15 provides the following five‐step process: ‐ identify the contract(s) with a customer; ‐ identify the performance obligations in the contract(s); ‐ determine the transaction price;
‐ allocate the transaction price to the performance obligations in the contracts; and
‐ recognise revenue when (or as) the performance obligations are satisfied.
17 Kimberley Land Council 2017-18 Annual Report 89
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 1: Summary of Significant Accounting Policies (Continued) q. New Accounting Standards for Application in Future Periods (Continued)
(ii) The transitional provisions of this Standard permit an entity to either: restate the contracts that existed in each prior period presented per AASB 108: Accounting Policies, Changes in Accounting Estimates and Errors (subject to certain practical expedients in AASB 15); or recognise the cumulative effect of retrospective application to incomplete contracts on the date of initial application. There are also enhanced disclosure requirements regarding revenue. The directors believe that no significant impact will arise from the adoption of AASB 15 on the corporation's financial statements.
(iii) AASB 16: Leases (applicable to annual reporting periods beginning on or after 1 January 2019).
When effective, this Standard will replace the current accounting requirements applicable to leases in AASB 117: Leases and related Interpretations. AASB 16 introduces a single lessee accounting model that eliminates the requirement for leases to be classified as operating or finance leases.
The main changes introduced by the new Standard are as follows: recognition of a right‐of‐use asset and liability for all leases (excluding short‐term leases with less than 12 ‐ months of tenure and leases relating to low‐value assets);
depreciation of right‐of‐use assets in line with AASB 116: Property, Plant and Equipment in profit or loss ‐ and unwinding of the liability in principal and interest components;
inclusion of variable lease payments that depend on an index or a rate in the initial measurement of the ‐ lease liability using the index or rate at the commencement date;
application of a practical expedient to permit a lessee to elect not to separate non‐lease components and ‐ instead account for all components as a lease; and
‐ inclusion of additional disclosure requirements.
The transitional provisions of AASB 16 allow a lessee to either retrospectively apply the Standard to comparatives in line with AASB 108 or recognise the cumulative effect of retrospective application as an adjustment to opening equity on the date of initial application. The Directors believe there will be a significant impact of AASB 16 on the Corporation's financial statements. At this stage the impact has not been quantified. The impact will be quantified and disclosed in the 30 June 2019 Financial Report.
18 90 Kimberley Land Council 2017-18 Annual Report
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018 2018 2017 $$ Note 2: Revenue and Other Revenue
Revenue from Grants State and Federal Government and Other Grants 21,684,470 21,988,396
Other Revenue
Interest Received on Financial Assets 237,577 235,663 Rental Revenue 17,850 18,560 Other Revenue 2,795,400 3,545,342 Total Other Revenue 3,050,827 3,799,565
Note 3: Expenses
Depreciation and Amortisation Plant and Equipment 108,342 60,856 Motor Vehicles 101,661 123,011 Buildings 428,121 475,529 638,124 659,396
Impairment Expense 5,726,241 ‐
11 Gregory Street Broome ‐ $5,726,241 impairment based on external independent valuation dated 9 March 2018 as detailed in Note 1.
Finance Costs Interest Expenses 62,257 69,376
Rental Expenses 928,327 825,235
Note 4: Cash and Cash Equivalents
CURRENT Cash at Bank ‐ Unrestricted 8,477,323 7,361,340 Cash at Bank ‐ Restricted Unexpended Grants 5,729,839 6,704,873 Cash on Hand ‐ ‐ 14,207,162 14,066,213
Cash at Bank ‐ Restricted represents unexpended grants income on hand at the end of the year.
19 Kimberley Land Council 2017-18 Annual Report 91
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018 2018 2017 $$ Note 5: Trade and Other Receivables CURRENT Trade Receivables 568,731 1,244,437 Total Current Trade and Other Receivables 568,731 1,244,437
Note 6: Other Assets CURRENT Prepayments 241,501 131,193 241,501 131,193 Note 7: Property, Plant and Equipment LAND AND BUILDINGS Land At Cost 622,531 ‐ Independent Valuation 2015 ‐ level 2 1,960,000 1,960,000 2,582,531 1,960,000 Buildings Independent Valuation 2015 ‐ level 2 1,050,000 1,050,000 Directors' Valuation 2015 ‐ level 3 ‐ 13,078,610 Independent Valuation 2018 ‐ level 2 7,352,314 ‐ Less Accumulated Depreciation (1,225,475) (797,409) 7,176,839 13,331,201
Total Land and Buildings 9,759,370 15,291,201
PLANT AND EQUIPMENT
At Cost 1,457,563 1,457,253 Less Accumulated Depreciation (1,089,183) (980,841) Total Plant and Equipment 368,380 476,412
MOTOR VEHICLES
At Cost 1,233,221 1,156,080 Less Accumulated Depreciation (1,014,304) (912,644) Total Motor Vehicles 218,917 243,436
WORK IN PROGRESS
Annual General Meeting equipment 110,000 ‐ Remote Ranger Base containers ‐ pending delivery 42,005 Motor Vehicle purchase ‐ pending delivery ‐ 49,092 Total Work In Progress 152,005 49,092
Total Property, Plant and Equipment 10,498,672 16,060,141
20 92 Kimberley Land Council 2017-18 Annual Report
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 7: Property, Plant and Equipment (continued) The following assets have other encumbrances as detailed below:
18 Heytsebury Street Derby: A caveat originally imposed by the Aboriginal and Torres Strait Islander Commission (ATSIC) which restricts the use of property to accommodation of staff essential to the efficient running of the Corporation in its role as the designated Land Council of the Kimberley.
40 Loch Street Derby: A caveat originally imposed by ATSIC which restricts the use of the property for the purpose of administration and operations of the Corporation.
Dampier Terrace Broome: Has a developmental memorial to prevent development outside of the Shire of Broome's Heritage Policy.
11 Gregory Street Broome: Has restrictions by Lottery Commission protecting its equitable mortgage in the Land and their approval must be sought for any sale of the property during the term of the Building Grant Agreement. Has been secured against bank loan in Note 9 with a First Registered Mortgage and Deed of Priority consenting to Bank's priority over the assets.
Work in Progress:
Kimberley Land Council received delivery of the motor vehicle during the current year and transferred the opening WIP balance to Motor Vehicles. As at 30 June 2018 work in progress consists of capital expenditure being incurred for the purpose of this financial year's Annual General Meeting and the establishment of a remote ranger base for Land and Sea operations.
21 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 7: Property, Plant and Equipment (Continued) Movements in Carrying Amounts Movement in the carrying amounts for each class of property, plant and equipment between the beginning and the end of the current financial year: Work In Progress Total Land and Plant and Motor Land Buildings (Software Total Buildings Equipment Vehicles and Website) 2017 $ $ $ $ $ $ Balance at the beginning of the year 1,960,000 13,694,446 15,654,446 129,103 366,447 387,861 16,537,857 Additions at cost ‐ 112,284 112,284 20,304 ‐ 49,092 181,680 Transfer ‐ ‐ ‐ 387,861 ‐ (387,861) ‐ Disposals ‐ ‐ ‐ ‐ ‐ ‐ ‐ Depreciation expense ‐ (475,529) (475,529) (60,856) (123,011) ‐ (659,396) Carrying amount at the end of the year 1,960,000 13,331,201 15,291,201 476,412 243,436 49,092 16,060,141
2018 Balance at the beginning of the year 1,960,000 13,331,201 15,291,201 476,412 243,436 49,092 16,060,141 Additions at cost 622,531 ‐ 622,531 310 28,050 152,005 802,896 Transfer ‐ ‐ ‐ ‐ 49,092 (49,092) ‐ Disposals ‐ ‐ ‐ ‐ ‐ ‐ ‐ Impairment ‐ (5,726,241) (5,726,241) ‐ ‐ ‐ (5,726,241)
Depreciation expense ‐ (428,121) (428,121) (108,342) (101,661) ‐ (638,124) LandCouncil2017-18AnnualReport Kimberley Carrying amount at the end of the year 2,582,531 7,176,839 9,759,370 368,380 218,917 152,005 10,498,672
Asset Revaluations As at 30 June 2018, an independent valuation was performed on the Gregory Street building utilising the market income capitalisation approach and an impairment recorded to correctly reflect the fair value.
22 93 94 Kimberley Land Council 2017-18 Annual Report
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
2018 2017 $$ Note 8: Trade and Other Payables
CURRENT Trade Payables 183,491 247,698 Other Current Payables 2,468,466 2,262,352 Accrued Salaries and Wages 105,885 151,696 2,757,842 2,661,746
Note 9: Borrowings
CURRENT Bank Loan Secured ‐ 222,516 Total Current Borrowings ‐ 222,516
NON‐CURRENT Bank Loan Secured 1,775,000 1,124,056 Total Non‐Current Borrowings 1,775,000 1,124,056
Total Borrowings 1,775,000 1,346,572
The bank debt is secured by a first registered mortgage over the 11 Gregory Street Broome property owned by the Kimberley Land Council as detailed in Note 7.
Note 10: Provisions Analysis of total provisions Current 2,075,453 1,677,668 Non‐Current ‐ ‐ Total 2,075,453 1,677,668
Provision for Provision for Provision for Annual Long Service Other Leave Leave Leave & Backpay Total $ $ $$ Opening balance as at 1 July 2017 874,693 673,916 129,059 1,677,668 Additional provisions 674,261 209,928 554,205 1,438,394 Amounts used (543,975) (108,521) (388,113) (1,040,609) Balance at 30 June 2018 1,004,979 775,323 295,151 2,075,453
Other Leave and Backpay ‐ Provisions for Time Off In Lieu and backpay entitlements derived from a new Enterprise Agreement to be administered.
23 Kimberley Land Council 2017-18 Annual Report 95 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 10: Provisions (Continued) Provision for Long‐term Employee Benefits A provision has been recognised for employee entitlements relating to long service leave. The measurement and recognition criteria relating to employee benefits have been included in Note 1. 2018 2017 $$ Note 11: Capital and Leasing Commitments Operating Lease Commitments Non‐cancellable operating leases contracted for but not capitalised in the financial statements Payable – minimum lease payments: – not later than 12 months 516,610 335,342 – later than 12 months but not later than five years 918,157 829,637 Total 1,434,766 1,164,979
The motor vehicle lease commitments are non‐cancellable operating leases contracted for but not capitalised in the financial statements with a five‐year term. Increase in lease commitments may occur in line with the Consumer Price Index (CPI).
Capital Expenditure Commitments There were no capital expenditure commitments incurred for the year ended.
Note 12: Events After the Reporting Period
The directors are not aware of any matter or circumstance that has arisen since the end of the year that has significantly affected or may significantly affect the corporation's operations, results and the state of affairs in future financial years.
Note 13: Key Management Personnel Compensation
The totals of remuneration paid to Key Management Personnel (KMP) of the corporation during the year are as follows:
2017 2016 $$ Short‐term employee benefits 1,411,615 1,333,502 Post‐employee benefits ‐ ‐ Other long‐term benefits ‐ ‐ Termination benefits ‐ ‐ Total Key Management Personnel Compensation 1,411,615 1,333,502
During the year ended the Chief Executive Officer completed a seconded position to an external company with a number of acting roles created as a result.
24 96 Kimberley Land Council 2017-18 Annual Report
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 14: Related Party Transactions The Corporation holds one share representing 100% ownership in the company Kimberley Sustainable Development Pty Ltd. This company's principal activity is to act as trustee for the Kimberley Sustainable Development Charitable Trust. It does not operate in any other capacity. There is no right to income or capital of this trust fund. As a result, no value has been assigned to this interest and does not show in the financial statements of the Kimberley Land Council.
Note 15: Financial Risk Management The Corporation’s financial instruments consist mainly of deposits with banks, local money market instruments, short‐term investments, accounts receivable and payable.
The totals for each category of financial instruments, measured in accordance with AASB 139 as detailed in the accounting policies to these financial statements, are as follows:
Note 2018 2017 $$ Financial Assets Cash and Cash Equivalents 4 14,207,162 14,066,213 Current Trade and Other Receivables 5 568,731 1,244,437 Total Financial Assets 14,775,893 15,310,650
Financial Liabilities Financial Liabilities at Amortised Cost: Trade and Other Payables 8 2,757,842 2,661,746 Borrowings 9 1,775,000 1,346,572 Total Financial Liabilities 4,532,842 4,008,318
25 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2018
Note 2018 2017 $$
Note 16: Cash Flow Information Reconciliation of Cash Flow from Operations to Operating Surplus
Operating Surplus/(Deficit) (5,933,193) (301,750)
Adjustment for non‐cash expenses: Depreciation 638,124 659,396 Loss on Revaluation of Assets 5,726,241 ‐
Adjustment for changes in operating assets and liabilities: Decrease/(Increase)in Accounts Receivable 675,706 (367,088) Decrease/(Increase)in Prepayments (110,308) 38,935 Increase/(Decrease) in Accounts Payable 96,096 (189,477) Increase/(Decrease) in Provisions 397,785 459,537 Increase/(Decrease) in Unexpended Grants (975,034) 3,505,260
Net cash provided by Operating Activities 515,417 3,804,813
26 Kimberley Land Council 2017-18 Annual Report 98 99 Kimberley Land Council 2017-18 Annual Report
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INDEPENDENT AUDITOR’S REPORT TO THE MEMBERS OF www.moorestephens.com.au IMBER E AND OUN I ABORI INA ORPORATION I N
R A F R O We have audited the accompanying financial report of Kimberley Land Council Aboriginal Corporation (“the Corporation”), which comprises the statement of financial position as at 30 June 2018, the statement of profit or loss and other comprehensive income, statement of changes in equity and statement of cash flows for the year then ended, notes comprising a summary of significant accounting policies and other explanatory information, and the directors’ declaration. In our opinion, the financial report of the Corporation is in accordance with the Corporations (Aboriginal and Torres Strait Islander) Act 2006, including: i. giving a true and fair view of the Corporation’s financial position as at 30 June 2018 and of its performance for the year ended on that date; and ii. complying with Australian Accounting Standards – Reduced Disclosure Requirements, the Corporations (Aboriginal and Torres Strait Islander) Act 2006, the Corporations (Aboriginal and Torres Strait Islander) Regulations 2007 and the Australian Charities and Not-for-profits Commission Act 2012.
B O We conducted our audit in accordance with Australian Auditing Standards. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Report section of our report. We are independent of the Corporation in accordance with the ethical requirements of the Accounting Professional and Ethical Standards Board’s APES 110 Code of Ethics for Professional Accountants (the Code) that are relevant to our audit of the financial report in Australia. We have also fulfilled our other ethical responsibilities in accordance with the Code. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.
28 Liability limited by a scheme approved under Professional Standards Legislation. Moore Stephens - ABN 16 874 357 907. An independent member of Moore Stephens International Limited - members in principal cities throughout the world. The Perth Moore Stephens firm is not a partner or agent of any other Moore Stephens firm. Kimberley Land Council 2017-18 Annual Report 100
INDEPENDENT AUDITOR’S REPORT TO THE MEMBERS OF IMBER E AND OUN I ABORI INA ORPORATION I N ONTINUED
Directors’ Responsibility for the Financial Report he irectors of the corporation are responsible for the preparation and fair presentation of the financial report in accordance with Australian Accounting Standards – Reduced isclosure Re uirements, the Corporations (Aboriginal and Torres Strait Islander) Act 2006, the Corporations (Aboriginal and Torres Strait Islander) Regulations 2007 and the Australian Charities and Not-for-profits Commission Act 2012 and for such internal control as the irectors determine is necessary to enable the preparation of the financial report that is free from material misstatement, whether due to fraud or error. In preparing the financial report, the Directors are responsible for assessing the Corporation’s ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the irectors either intend to li uidate the Corporation or to cease operations, or has no realistic alternative but to do so. The Directors are responsible for overseeing the Corporation’s financial reporting process.
Auditor’s Responsibilities for the Audit of the Financial Report ur ob ectives are to obtain reasonable assurance about whether the financial report as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with the Australian Auditing Standards will always detect a material misstatement when it e ists. isstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be e pected to influence the economic decisions of users ta en on the basis of this financial report. A further description of our responsibilities for the audit of the financial report is located at the Auditing and Assurance Standards Board website at http www.auasb.gov.au auditors files ar3.pdf. his description forms part of our auditor’s report.
S A LL A S RE S EP E S PAR ER C AR ERE ACC A S
Signed at Perth this th day of September 201 .
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ICN: 21