2014 Annual Report Kimberley Land Council
Contents 2014 Annual Report 3
Contents
Introduction and Overview 4
Our Mission, Vision and Values 5
Message from the Chairman 6
Board of Directors 7
CEO Report 8
Our Organisation 10
Kimberley Land Council ...... 10 Organisation Structure ...... 12 Strategic and Operational Plans ...... 14 Human Resources ...... 16
Performance Report 18
Native Title Claim Updates 20
East Kimberley ...... 20 North Kimberley ...... 22 Dampier Peninsula ...... 24 Desert Region ...... 28 Central Kimberley ...... 30
Looking After Country 32
Land and Sea Management Unit ...... 32 Kimberley Rangers Network and Indigenous Protected Areas ...... 37
Financial Report for Year Ended 30 June 2014 44
Directors’ Report ...... 44 Auditor’s Independence Declaration ...... 46 Statement of Profit or Loss and Other Comprehensive Income ...... 47 Statement of Financial Position ...... 48 Statement of Changes in Equity ...... 49 Statement of Cash Flows ...... 50 Notes to the Financial Statements ...... 51 Directors’ Declaration ...... 67 Independent Auditor’s Report ...... 68
Jila weather station Glossary 69 4 Introduction and Overview Kimberley Land Council
Introduction and Overview
The Noonkanbah Protest March, 1978
he Kimberley Land Council While fulfi lling our Representative Body remains the (KLC) was established in 1978 core business of our organisation, following a dispute between role as a Native Title we have expanded to include a broad TKimberley Aboriginal people, Representative Body remains range of programs and activities that the West Australian Government and the core business of our help us to achieve the vision of our an international mining company at members. Noonkanbah. organisation, we have expanded to included a broad range of As part of our Native Title Representative Body funding programs and activities that agreement with the Commonwealth help us achieve the vision Government, the KLC is required to present detailed technical of our members information on its functions in our Annual Report. This report also includes information on other The KLC was set up by Kimberley aspects of our organisation to reflect Aboriginal people as a regional the full diversity of our operations. community organisation, to secure the rights and interests of Kimberley Aboriginal people in relation to their land and waters and to protect their significant places.
The KLC has experienced rapid growth in recent years. While Inauguaral Noonkanbah meeting, 1978 fulfilling our role as a Native Title Our Mission, Vision and Values 2014 Annual Report 5
Our Mission, Vision and Values
Veronica Lulu and her granddaughter at Paruku
Our Vision Our Mission Our Values The Kimberley Land Council is a Aims • Respect for our law and culture community organisation working for and with Traditional Owners of the • To get back country • Respect for our elders and Kimberley to get back country, look • To look after country stakeholders after country and get control of the • To get control of the future • Fair and transparent decision- future. • To have a strong organisation making
Objectives • Effective and open communication • Improve the cultural, social and economic wellbeing of Kimberley • Working in partnership Aboriginal people • Trust and loyalty • Operate as an effective body to secure rights for and deliver • Justice and equality for the aspirations of Kimberley Indigenous people Traditional Owners • Cultural diversity • Develop and implement policies, strategies and activities that deliver a high-standard of services to Traditional Owners to achieve our vision
• Develop and implement sound, appropriate and effective planning and review processes Bush berries, Gooniyandi country and documents 6 Message from the Chairman Kimberley Land Council
Message from the Chairman Frank Davey
Native title provides all parties with to assess the current environment, certainty and this is an advantage and plan for the future of native for governments and third parties, in title. Although it was positive to that native title clearly identifies who see the Government acknowledge the landowners are making it easier the difficulties faced by Native Title to work with Traditional Owners on Representative Bodies and PBCs as access, governance, development we move into the post-determination and research projects and land and environment, the report failed to sea management. Native title needs address how the capacity of the to be viewed, not as an inconvenience RNTBCs will be sustained into the but as a tool to enable positive future and did not clarify the role of social and economic development Native Title representative bodies Chairman Frank Davey opportunities for Aboriginal people in providing assistance to RNTBCs. and all Australians. Building the capacity of PBCs to ative title is at the core of operate as efficient and sustainable our business and underpins At the end of the reporting period, businesses is the key to realising our all of our work we do. In more than two thirds of the aspirations of building a stronger the 2013 - 2014 reporting Kimberley was determined native future for the next generation. It N title land. This is a big achievement is important we work to get this period our organisation continued to overcome the many challenges but also highlights the changing right. The KLC will continue into to achieve a number of wins for nature of native title in the Kimberley the next reporting period to work Kimberley Aboriginal people. as we start to make the transition with Traditional Owners to achieve from the pre-determination native title outcomes across the Through our determination, phase into the post-determination region in the pre-determination professionalism and more than environment. The role of the KLC is environment. We are also committed 36 years of experience, the KLC also changing with the development to assisting native title holders in the achieved two major native title of Registered Native Title Bodies post-determination environment, determinations after more than Corporate or PBCs as more claims ensure their native title rights and 18 years. The Balanggarra native are determined. There are currently interests are utilised and used to title determination held on August 13 PBCs in the Kimberley, all at provide opportunities, improve 7, 2013 and the Nyikina Mangala various stages of development. socioeconomic conditions and native title determination on May 29, Some are independent and self- strengthen cultural connection. 2014 were significant milestones for sufficient; others are capable but the KLC and Kimberley Traditional under resourced and some are The KLC would not be the strong Owners. Both claims had endured struggling. At the KLC, we provide organisation it is without the vision stalling tactics and delays from the a range of services to assist native and leadership of its directors and State Government and third parties title holders make the change to the support of its members. I would and as a result of failed negotiations post-determination environment. like to thank our directors for their the KLC was preparing to litigate This includes setting up and ongoing guidance, determination and the Nyikina Mangala claim through registering PBCs, working to develop foresight and our members for their the Federal Court. These claims, governance structures, providing unwavering support and loyalty to as much as they were a time for administrative support, skill the organisation. celebration also highlighted the enhancement, strategic business long and arduous process of the development and training and legal native title system. The KLC has and financial support. Frank Davey long advocated for changes to the Native Title Act and for native title The Federal Government in the claims to be resolved with the State reporting period finalised a review Government and third parties by of the role and function of Native consent rather than litigation. Title Representative Bodies as a way Board of Directors 2014 Annual Report 7
Board of Directors KLC Board as at June 30, 2014
CEO Nolan Hunter DCEO Frank Parriman Chairman Frank Davey Irene Davey Joe Brown
Joe Davey John Watson Wayne Bergmann Albert Cox Anthony Watson
Bonnie Edwards Francis Djiagween Frankie McCarthy Kathy O’Reeri Lennie Hopiga
Marty Stevens Merle Carter Mervyn Street Patsy Bedford Pearl Gordon
Percy Bulgardie Serena Samuel Shirley Purdie Tom Birch Tom Lawford
Yvonne Birrell 8 CEO Report Kimberley Land Council
CEO Report Nolan Hunter
claims across their country as a way conservation corridor in northern to speed-up and resolve native title. Australia. The KLC also invested significant resources to conduct a substantial In the reporting period, north amount of work across the east Kimberley Traditional Owner groups Kimberley in order to progress a were the first in Australia to use number of native title claims located their exclusive possession native title in the south-east corner. rights to register carbon businesses on their country. Indigenous The determination of the involvement in the carbon economy Balanggarra and Nyikina Mangala provides a win-win situation as native title claims, after more it not only enhances the natural CEO Nolan Hunter than 18 years were standout health of the environment but achievements in the 2013-2014 creates business and employment ur organisation has been reporting period. The on-country opportunities and an income stream extremely successful at determinations were cause for great in remote Aboriginal communities. securing native title rights celebration and a time to remember The future of carbon abatement in for Kimberley Aboriginal the elders past that had started the Australia and the involvement of O process all those years ago. Aboriginal people is uncertain, as the people, with about 70 per cent of the region determined native title land. Federal Government looks to make changes to the Carbon Farming Our success stems from the strength Our success stems Initiative legislation that could of our mob, Kimberley Aboriginal detrimentally impact on Aboriginal people, who have stood together as from the strength of our mob, carbon projects in the reporting one to tackle regional challenges, Kimberley Aboriginal people, period. The KLC worked to inform support each other and campaign for who have stood together as one Federal Government ministers of improved rights. the benefits of Indigenous carbon to tackle regional challenges, projects and lobby for continued In the reporting period, our focus support. has been to ensure that Kimberley support each other and campaign Aboriginal people are utilising their for improved rights Further work was also conducted to native title rights and interests to continue to establish an international create strong governance structures network of Indigenous land and sea underpinned by culture, to develop Our focus has been to make sure managers. Following on from the business and job opportunities and that we are using our native title momentum gained at the World to manage Aboriginal-owned land. rights to the full extent. In the Indigenous Network Conference reporting period, the Balanggarra in Darwin in May 2013, Kimberley There are still many groups in and Karajarri people used their Traditional Owners attended the the Kimberley that are waiting for native title rights to declare WILD 10! Conference in Spain their land rights to be recognised Indigenous Protected Areas in October 2013 and the United in Australian law. In the reporting across their country. Indigenous Nations Permanent Forum on period we continued to work with Protected Areas empower Kimberley Indigenous Issues in New York in Kimberley Traditional Owners to Aboriginal people to use their May 2014. Kimberley delegates progress as many claims as possible. exclusive possession native title presented at both conferences on the This included lodging the new rights to manage their country and development of cultural businesses Bindunbur claim across the Middle develop strategic plans to create in the region, while the KLC also Dampier Peninsula. This claim sustainable businesses based on hosted a side event at the United provides a new approach to resolving culture and country. There are eight Nations forum. With an increase in native title as Traditional Owners Indigenous Protected Areas across Indigenous environmental activities, decided to strategically consolidate the region, forming the largest now is the time to forge stronger CEO Report 2014 Annual Report 9
Traditional Owner John Watson with his grandson and Justice John Gilmour at the Nyikina Mangala native title determination, May 2014 networks with other first nation We will also work to advocate deliver results and I would like peoples internationally. Through for Constitutional recognition of to acknowledge their on-going bringing together Indigenous-led Indigenous people and improved commitment and backing. I would initiatives, we will be able to not native title rights. also like to acknowledge the staff only share knowledge and learn at the KLC, who often work in from each other’s experiences, The next year promises to be an challenging conditions and with but appreciate the cumulative exciting time with the completion of limited resources but always manage affect these projects are having in our new office complex in Broome. to get the job done and achieve the protecting the environment on a The purpose-built facility will bring very best for Kimberley Aboriginal global scale. all our staff together, provide a people. Together, we will continue happy and healthy work environment to achieve our vision of get back Our focus on maximising native title and will enable the KLC to continue country, look after country and get rights and interests in the Kimberley to achieve positive outcomes for control of the future. is part of the KLC’s long-term Kimberley Aboriginal people. strategy and will continue into the next reporting period. We will also The KLC has continued to grow Nolan Hunter continue to lobby State and Federal because of our solid support Governments on crucial Indigenous base and I would like to thank our issues including Aboriginal heritage, members and directors for standing the Carbon Farming Initiative, behind the organisation, their the future role of Native Title continued support, determination Representative Bodies and the and vision. We also work with development of northern Australia. a range of project partners to 10 Our Organisation Kimberley Land Council
Our Organisation Kimberley Land Council
while providing facilitation and representation to our clients in the mediation and negotiation of agreements.
In doing this, the KLC meets its requirements as a Native Title Representative Body to:
• Research, prepare and progress native title applications
• Represent and facilitate consultations, mediation, negotiation and proceedings relating to native title applications Yirrkala dancers perform “Yam Dance’ on arrival at the original Noonkanbah meeting, 1978 such as Future Acts, Indigenous Land Use Agreements (ILUAs) and any other native title matters. he Kimberley Land Council Some of our other activities at the was borne out of the epic land KLC are supported by State and Native Title Assistance rights battle in 1978, when Federal Governments, philanthropic Kimberley Aboriginal people organisations, environmental groups During the 2013/2014 reporting T and self-generated income. period, the KLC provided native title travelled to defend sacred sites at Noonkanbah from plans by the assistance to 25 native title claims Western Australian Government and The KLC is incorporated under and 13 Registered Native Title international mining company AMEX, the Corporations (Aboriginal and Bodies Corporate (RNTBCs) within to explore and drill for oil. Torres Strait Islander) Act 2006 and the Kimberley region. Throughout operates under the Native Title Act the year, the number of claims has The KLC was formed by Aboriginal (1993). fluctuated to take into consideration people for Aboriginal people, and the filing of new claims and the is one of the three peak Indigenous Role and Functions determination or withdrawal of organisations in the Kimberley others. NTRB – Legislation working with Traditional Owners to All the native title claims the KLC protect and strengthen land, law, The KLC provides native title services provides facilitation and assistance language and culture. to Kimberley Aboriginal people. The to are important, but with the following primary functions of the Kimberley Aboriginal people have limited resources available, not organisation are prescribed by the been strong advocates for land rights all claims can be progressed at Native Title Act 1993 (Cth): since the KLC was started in 1978. the same time. Claim priority The KLC was recognised in May 2000 Facilitation and Assistance assessment determines the direction as the Native Title Representative of organisational activities. The Body for the Kimberley region in The KLC strives to provide its prioritisation of claims is informed Western Australia pursuant to clients with the highest standards by, but not limited to, resourcing s230AD of the Native Title Act 1993, of representation for achieving considerations, Federal Court case (Cwth) (NTA). positive native title outcomes. In the management priorities and the reporting period, the KLC worked availability of suitably qualified Our Native Title Representative with native title claimants, native title expert consultants. Body operations are funded by the holders and Registered Native Title Department of Prime Minister and Bodies Corporate (PBCs) to prepare The KLC also provided assistance to Cabinet. and progress native title applications a number of Registered Native Title Our Organisation 2014 Annual Report 11
Prescribed Bodies Corporate (PBCs) The Kimberley Land Council will and up-to-date claim group member in relation to establishment, meeting not necessarily be able to resolve lists and contact details. Native title assistance, expert advice, resources, all disputes. It is also a requirement holders and claimants are notified governance and compliance matters. of the Native Title Act for the KLC of claim group meetings through to make all reasonable efforts to posted and hand-delivered letters, There is a high level of demand for minimise the number of overlapping emails, phone calls, the posting of the KLC to provide assistance in the native title claim applications. The notices on public boards throughout post-determination environment dispute resolution function provides the Kimberley and advertising in as most Registered Native Title an important element to ensure the local newspapers. Prescribed Bodies Corporate have KLC is responsible for streamlining limited capacity and resourcing to native title processes and improving Agreement-making carry out its functions. certainty for parties involved in The KLC represents all native Certification native title matters. title claim groups and facilitates There are two separate types of negotiations for agreement-making In line with its statutory complaints: with third parties in relation to native responsibilities, the KLC certifies title. The KLC has been extremely native title applications for the • complaints about a decision of successful at negotiating positive determination of native title and the Grants Committee agreements, such as Indigenous applications for the registration of Land Use Agreements, Native Title Indigenous Land Use Agreements. • complaints about other decisions Agreements and State Agreements or actions of the KLC or its staff Complaints and Dispute Resolution on behalf of Traditional Owners. – Mediation The KLC has a Grants Committee Internal Review that assesses new applications for The process for achieving successful native title assistance. The Grants The KLC has a Grants Committee native title determinations affects all Committee is made up of members that assesses new applications Traditional Owners and often raises of the KLC Board and is responsible for native title claim assistance. difficult questions for claimants that for assessing and deciding on each The committee is comprised of can cause conflict and disputes. application. KLC directors and assess each Disputes often arise, where the application before making a decision. Native Title Act is in conflict with In the reporting period, the KLC If the Grants Committee rejects an traditional law and customs. As a received two applications for native application for assistance, the KLC result, the KLC is called upon to title assistance. gives clear, written reasons for that assist in resolving these disputes. decision and lets the applicants The KLC received no formal know about their right to have the The existence of disputes can have complaints relating to a decision decision reviewed. The applicants a significant detrimental impact on made about an application for can seek to have the decision the ability of Traditional Owners to assistance. looked at again by the KLC’s Review exercise their native title rights and Committee. The Review Committee interests, or to have those rights and Notification is made up of the KLC Chairperson interests recognised. The KLC ensures that native title and four directors (who were not on For example, the existence of a holders and claimants are informed the original Grants Committee). dispute might negatively impact: about any Future Act notices that are received and could potentially affect The Review Committee assesses • Priority for assistance from the native title rights and interests. The the application and determines if Native Title Representative Body; KLC works to provide advice to native the decision made by the Grants title holders and claimants while Committee was fair and proper. If • Registering a determination informing them of relevant time the applicants are still not satisfied, application (because of adverse limits in which to respond to any they can request to have the decision impacts on certification or such notices. reviewed under the Administrative authorisation processes); Decisions (Judicial Review) Act, 1977 The KLC also has its own internal (ADJR), and s203FB of the Native • Responding to Future Acts; and notification process for informing Title Act (1993). native title holders and claimants • Obtaining a determination of of any claim group meetings. The native title – whether by consent KLC endeavours to keep extensive or litigation. 12 Our Organisation Kimberley Land Council
Our Organisation Organisational Structure
KLC Board
KLC CEO
KLC Deputy CEO
Corporate Finance Legal Native Title Land and Sea Services Unit Unit Unit Services Unit Management Unit
Executive Roles and The KLC Board of Directors meets Corporate Governance Responsibilities a minimum of four times a year to set the direction of the organisation, Corporate Governance Board of Directors establish priorities and direct the The KLC has an effective corporate development of the strategic and The KLC Board of Directors provides governance structure that enables operational plans. leadership and direction to the the organisation to deliver on its organisation and ensures it operates Directors are elected to the board mandate and achieve native title properly and fairly on behalf of all its every two years, with the next outcomes for Kimberley Aboriginal members. At the end of the reporting election to be held in September people. period, the Board of Directors was 2014. The table on the following The KLC conducts regular corporate comprised of 26 people representing page provides a list of KLC Directors governance planning at both a the majority of native title claim meeting attendance between July strategic and operational level to groups across the Kimberley. Five 2013 to June 2014. ensure our organisation is achieving special advisers are included in its mission, vision and values. the board and work with directors, Director training and development Regular reporting to the Board of members and Traditional Owners to In June 2014, a contingent of KLC Directors, KLC members, partners, provide expert cultural advice, offer Directors attended the National funding bodies and staff ensures key support and guidance. Native Title Conference in Coffs stakeholders are kept informed of KLC Chairman Frank Davey and KLC Harbour and took part in a variety our activities and our organisation Deputy Chairman Tom Birch are of sessions addressing the current remains on track to realise its responsible for making sure the KLC issues and trends in native title. strategic goals. functions effectively. They provide Some directors also attended Stringent financial and operational leadership to the KLC, the Board the WILD10! Conference in Spain procedures are maintained of Directors, the CEO and staff. October 2013. The conference and applied to make sure the They also act as the spokesmen of provided a networking opportunity organisation is effectively managed. the organisation and the interface to work with other Indigenous The KLC employs a Chief Financial between the KLC and the broader land and sea managers to tackle Officer, who is a Chartered community. environmental challenges on a Accountant and forms part of the global scale. KLC’s senior management team. Our Organisation 2014 Annual Report 13
KLC Board of Directors meeting attendance July 2013 to June 2014 However, the KLC continues to struggle to reduce ever-increasing Director No. of meetings out of 3 costs amid a lack of resources. Holding on-country meetings and Albert Cox 3 providing travel and accommodation Anthony Watson 3 arrangements for Traditional Owners, directors and staff is Bonnie Edwards 2 becoming increasingly challenging, Francis (Lulga) Djiagween 2 particularly when working in extremely remote parts of the Frank Davey 3 Kimberley. Frank Parriman **appointed at Sept 13 meeting 3 KLC Management Team Frankie McCarthy 3 The Kimberley Land Council Josie Farrer *resigned in reporting period 1 management team is responsible Kathy O’Reeri **appointed at Dec 13 meeting 2 for the management of staff and organisational performance Lee Bevan *resigned in reporting period 1 As the Chief Executive Officer Lennie Hopiga 2 of the Kimberley Land Council, Marty Stevens 2 Nolan Hunter is responsible for the day-to-day operational and Mary Tarran *resigned in reporting period 1 administrative management of Merle Carter 3 the KLC, including overseeing the Mervyn Street 2 operations of the Deputy CEO, corporate services, financial, legal, Nolan Hunter 3 land and sea management and Patsy Bedford 2 native title services units. The CEO is the interface between the Board Pearl Gordon 2 of Directors and KLC staff. The CEO Percy Bulgardie 1 also works to achieve the strategic aims of the organisation. Serrena Samuel *resigned in reporting period 0 The CEO is assisted by a Shirley Purdie 2 management team comprising: Tom Birch 3 • Frank Parriman – Deputy CEO Tom Lawford 3 • Sue Humphries – Chief Financial Yvonne Birrell 2 Officer Special Advisers • Jacki Cole – Principal Legal Irene Davey 3 Officer
Joe Brown 3 • Erika Blades – Native Title Joe Davey 3 Services Unit Manager John Watson 2 • Christine Robinson – Native Title State Activities Manager Wayne Bergmann 2 • Rachel Townes-Vigh – Corporate The senior management team meets The KLC acknowledges the support Services Manager regularly to review progress and of the Department of Prime Minister • Ariadne Gorring – Land and Sea ensure any upcoming or potential and Cabinet and other funding Management Unit Manager issues are dealt with to reduce any bodies which support the KLC on financial or operational risk. operational and activity-based programs. 14 Our Organisation Kimberley Land Council
Our Organisation Strategic and Operational Plans
Salary Levels and Awards Remuneration of all KLC staff members is determined by the Kimberley Land Council Enterprise Bargaining Agreement 2011-2013. Salary scales within the document relate to a performance assessment scheme and staff performance is reviewed on an annual basis. Eight employees from within the management team were paid more than $100,000 in the reporting period.
Risk Management The KLC has maintained and applied stringent financial and operational procedures to ensure that adequate information is available for the effective management of the organisation. The KLC employs a Fishing at sunset, Gooniyandi country Chief Financial Officer, who is a Qualified Chartered Accountant, to manage the financial affairs of the Completion of performance outputs he KLC is guided by the 2011- organisation. The KLC also retains is significantly assisted when all 2016 Strategic Plan which an Auditor to assist the organisation parties adopt a position in favour of sets out the organisation’s with financial management, mediation and negotiation rather long-term goals and compliance and risk analysis. T than litigation. strategies, in line with our vision and values. It also defines our overall The management team meets strategy for achieving native title Planning and Reporting regularly to review progress and and other outcomes for Kimberley identify upcoming issues and The Kimberley Land Council Aboriginal people. regularly reports back to the Board Strategic Plan 2011-2016 guides of Directors. The KLC is pro-active the organisation’s long-term focus The KLC Operational Plan 2013- in identifying potential financial and direction. The KLC’s yearly 2014 sets out the short-term goals and operational issues to ensure Operational Plan sets performance our organisation aims to achieve appropriate action is taken to targets and goals to ensure the KLC within the reporting period. It is a minimise or exclude those risks. tool for managing native title and carries out its mission statement and other activities, in line with the KLC’s vision. The KLC management team The KLC also has an internal audit policies, procedures and funding has monthly meetings to provide committee to ensure proper controls requirements. regular updates on operations as are in place, consider any matters well as strategic planning meetings relating to the KLC’s financial affairs, The KLC’s outputs were generally in which to review performance review procedures relating to risk completed in accordance with the and track achievements. The KLC management, and monitor external performance targets set out in the provides ongoing progress reports service providers. Operational Plan. In the reporting to the Department of Prime Minister period, the KLC achieved the and Cabinet. majority of its targets. Our Organisation 2014 Annual Report 15
Ethical Standards All Kimberley Land Council employees are required to maintain high standards of honesty, integrity and respect while behaving in an appropriate and fair manner.
Employees also conduct their work in accordance with the ethical standards relevant to their particular professions and codes of conduct. Staff performance guidelines are included in the KLC’s policies and procedures and the KLC Code of Conduct. Monroe Springs, Karajarri country External Scrutiny to manage the resolution process, records management facilities and The State Government finalised an allocate a priority response time and equipment storage. external audit of the Kimberley Land to case manage responses required Council’s former Regional Solutions to deal with the complaint. The new office has achieved a 4 Unit during the reporting period and Star Green Star – Office Design found no major concerns in relation Complaints v3 certified rating from the Green to the review. Building Council of Australia, The KLC received four complaints in which means that the building has An annual financial audit was the reporting period. The complaints been designed to ‘best practice’ conducted by UHY Haines Norton were resolved in accordance with our environmental standards. and can be found in the Financial complaints process outlined as part Statements section of this Annual of the KLC’s policies and procedures. It is the first Green Star certified Report. building in WA, outside of Perth, to achieve this rating. There were no judicial or Native Title Disputes administrative tribunal decisions It is the KLC’s policy to endeavour to The environmental features of the in relation to the KLC during the resolve all disputes relating to native building include a solar panel system reporting period, other than legal title applications by consultation at to reduce peak electrical demand by decisions that affected native title claimant meetings and during the 30 per cent, water efficient designs, decisions generally. course of claim preparation. small lighting zones, and the diversion of construction waste away Service Charter Standards There were no formal disputes from landfill. relating to native title applications, The KLC has no service charter Indigenous Land Use Agreements or At the end of the reporting period, or customer service standards rights of access reported in 2013- the office complex was still under but uses a process of complaints 2014. construction, with completion management instead. expected in April 2014. Despite delays to the construction, costs Detailed information on how KLC Office Facility remain within budget and on track. a complaint can be made and Construction of the KLC’s new managed is publicly available and purpose built office facility in Funding for the project was received can be found on the KLC website at Broome started on July 22, 2013. from the Australian Government’s www.klc.org.au. Regional Development Australia The $15 million project will provide Fund, the Indigenous Land Written complaints are referred office, resources, and warehouse Corporation, the State Government’s to the Chief Executive Officer, or space on two levels at the KLC’s Royalties for Regions program and delegate for assessment. In cases Gregory Street site. The state of the Lotterywest. The Kimberley Land where it is appropriate to respond, art building will include conference Council also committed significant the Chief Executive Officer refers the facilities and meeting rooms as resources to the project. complaint to an appropriate person well as a commercial kitchen, 16 Our Organisation Kimberley Land Council
Our Organisation Human Resources
KLC staff, May 2014
Workforce Planning, Staff Our staff turnover rate was 19% literacy and numeracy training, Turnover and Retention which is a significant decrease on leadership and professional the turnover rate of 26% in 2012- development. Staffing levels continued to increase 2013 and 35% in 2011-2012. with a total of 128 people employed As part of attaining their practice at the KLC on June 30, 2014. Indemnity Insurance certificates the KLC Legal team are required to attend compulsory The KLC also facilitates the KLC staff are covered for professional development. The KLC Kimberley Ranger Network, which professional indemnity under the continues its employed 69 full-time rangers, six Aboriginal Association Liability partnership part-time administrative staff and (Professional Indemnity) to the value with the 86 regular casual rangers in the of $10 million. Aurora Project reporting period. Two rangers also and through commenced direct employment with Learning and Development this staff have the KLC as senior rangers following been involved The KLC is committed to providing completion of their traineeships, with a number learning and development while three rangers progressed of training opportunities to our employees. into Acting Ranger Coordinator opportunities roles within the Kimberley Ranger Regular 4WD and first aid courses directly related to native title Network. are offered throughout the year including courses such as Management Development and There were 47 recruitments during while the Kimberley Ranger Network Native Title Law. In addition to the the reporting period with 36% of supports rangers completing a Aurora Programs, the KLC has new recruitments being Indigenous variety of certifications including provided other training opportunities people. Certificates in Conservation and Land Management and Business, such as contracts management Our Organisation 2014 Annual Report 17
Traditional Owner Annie Milgin with KLC lawyer Jemma Arman at the Nyikina Mangala native title determination, May 2014 training, Kimberley interpreting Staff Numbers NTRB Activity Summary training, project management, June 30, 2014 leadership and a variety of Complaints and Disputes professional development courses for individual staff members. Full time 116 Complaints The KLC had a high number of Part time 12 Received 4 representatives attend the National Native Title Conference in Coffs Male 67 Resolved 4 Harbor. Female 61 Pending 0 KLC Enterprise Bargaining Under 25 3 Disputes Agreement Indigenous 52 Native Title Application 0 disputes The KLC’s Enterprise Agreement Total Employees 128 2011 – 2013 is currently in operation. Disputes relating to ILUAs, 0 Negotiations have commenced for Consultants, Competitive rights of access and other the KLC’s Enterprise Agreement Tendering and Contracting matters 2014 – 2017. The KLC awarded 59 Native Title Requests for review of decisions not to assist Workplace Health and Safety Representative Body consultancy contracts in the reporting period. Requests The KLC continues its commitment Consultants were contracted to Received 0 to a safe working environment. undertake a range of services for During the financial year 2013-2014, the KLC including providing legal Completed 0 two incidents were reported. We advice, expert anthropology services, have since taken steps to reduce cultural services and other services the risk or reoccurrence of any such including corporate and financial. incidents. Consultant and service contracts expenditure for the 2013-2014 reporting period totalled $1,030,085. 18 Performance Report Kimberley Land Council
Performance Report Introduction
he KLC has been extremely In the reporting period, the KLC successful in achieving continued to contract out its function positive native title outcomes to negotiate commercial agreements Tfor Kimberley Aboriginal with mining companies to KRED, as people. At the end of the reporting it has the expertise and resources period, about 70 per cent of the required to represent Traditional Kimberley was determined native Owners and negotiate economic title land, legally recognised by opportunities for Kimberley the Federal Court. In the reporting Aboriginal people. period, the KLC worked with Traditional Owners to successfully Under this arrangement the achieve native title recognition KLC, in line with its function as a for the Balanggarra Combined, Native Title Representative Body, Balanggarra #3 and Nyikina remains a party to negotiations Mangala native title claims. This was and a representative of native title a positive outcome, as these claim claimants. It is up to individual claim groups had spent many years in the groups to decide if they want to use system fighting for their native title the services of KRED or not. rights and interests to be recognised. In the reporting period, the KLC In the reporting period, the KLC worked with KRED to successfully invested a significant amount of negotiate an agreement between time finalising the determination the Jaru Traditional Owners in of the Nyikina Mangala native the east Kimberley and Northern title claim, which was put at risk Irene Davey draws in the sand Minerals. The agreement locks in due to third party respondent Oil substantial economic benefits for the Basins Limited refusing to consent Jaru people, should the Northern to the determination at the final Significant Events and Changes Minerals project to mine rare earth progresses. hour. Oil Basins Limited refused to Agreements KRED Enterprises give consent despite all the other Through the strong partnership In March 2011, the KLC established respondent parties, including the between the KLC and KRED, native the Ambooriny Burru Foundation, State Government agreeing to the title groups are able to receive a a charitable venture to facilitate determination. The KLC immediately high standard of representation and Kimberley Aboriginal people’s went before the Federal Court to support when making the important engagement in the expanding request that Oil Basins Limited be decisions about what happens on regional economy. removed as a party to the Nyikina their country. This relationship is Mangala proceeding. The KLC, in establishing the becoming even more important The KLC was successful in its foundation fulfilled the long-term as government support, at both application, with the Federal Court vision of Kimberley Aboriginal the state and commonwealth finding that Oil Basins Limited had people to get control of their future level continues to diminish. In no valid reasons for withholding its through increased opportunities and the reporting period, six native consent for the Nyikina Mangala economic independence. title groups were members of the determination. As a result, Oil Basins Ambooriny Burru Foundation and Limited was removed as a party As part of the Ambooriny Burru a further four were in the process to the claim, enabling the Nyikina Foundation, the KLC also established of becoming members. Altogether, Mangla native title determination to KRED, which seeks out and develops KRED Enterprises has been proceed as planned. business and job opportunities for appointed to represent 13 native Kimberley Aboriginal people, on title claim groups in any commercial behalf of the foundation. activities or negotiations. Performance Report 2014 Annual Report 19
Heritage The KLC actively promotes the use The agreement is due for renewal of EHSIS’s services, as it considers in October 2014 with negotiations The KLC continued to respond it the best placed entity to carry out between the KLC and the State to a high number of Future Act heritage survey work in the best Government expected to begin in the notices received on behalf of interests of Kimberley Traditional next reporting period. Traditional Owner groups, as a Owners. result of companies wanting to Costs Order explore or mine resource-rich State Activities and Future Acts country in the Kimberley. The (SAFA) In February 2014, His Honour Justice reluctance of companies to enter Gilmour delivered a judgment in the into Heritage Protection Agreements In October 2012, the KLC entered matter of Watson & Ors v State of with Traditional Owner groups is into a funding agreement with the Western Australia (no 3) (2014) FCA concerning, as is the increasing WA State Government to provide a 127 which, amongst other things, pressure on Traditional Owners process for government departments ordered Oil Basins Limited to pay to take matters to inquiry with to work with Traditional Owners in the costs of the Nyikina Mangala the National Native Title Tribunal relation to state activities undertaken Applicant on an indemnity basis and (NNTT). Despite the KLC achieving in Aboriginal communities and on forthwith. native title land. some strong wins on matters that Oil Basins Limited brought an went before the National Native Title The agreement sets out a specified application for leave to appeal to Tribunal, the trend in negotiations heritage process for ensuring the portions of Justice Gilmour’s with most companies appears to be the protection of significant sites judgment that related to costs and adversarial. In the reporting period, and traditional country. The that leave was granted by Justice the KLC continued to emphasise to funding agreement establishes a Barker on May 2, 2014. The matter companies the long term benefits dedicated KLC team to manage has been referred to the Full Court of working in partnership with Traditional Owner engagement of the Federal Court for hearing. It Traditional Owners to respect and consultations regarding State is alleged by Oil Basins Limited that Aboriginal heritage and community Government Future Acts, Indigenous the judgment of Justice Gilmour values. Land Use Agreements and Aboriginal was wrong in law and over-extended Companies that negotiate Heritage heritage matters. the meaning of the decision of the Full Court in Munn for and on behalf Protection Agreements to undertake The KLC’s state activities team is exploration activities have the benefit of the Gunggari People v State of comprised of 14 staff including a Queensland (2001) FCA 1227. of certainty in knowing they are manager, project co-ordinator, two engaging with the right Traditional legal officers, three anthropologists The outcome of the appeal to the Owners who have authority for that and other project and support Full Court of the Federal Court will area and that subsequently the personnel. have implications for all native title activity undertaken is free from risk. claimants across the country, as Staff members are located across Justice Gilmour’s decision was the During the reporting period, the the KLC’s offices in Broome and KLC continued to work with the first that ordered the respondent to Kununurra. In the 2013 – 2014 pay indemnity costs to a native title Environmental Heritage and reporting period, the state activities Social Impact Services (EHSIS) applicant. It is extremely important team facilitated consultations that the native title applicant be to undertake a range of activities with various agencies including including heritage surveys. properly represented at the Full the Department of Housing in 15 Court of the Federal Court and EHSIS was established under the Kimberley Aboriginal communities. therefore the KLC will continue guidance and support of the KLC It was also in the process of to pursue the matter in the next but is a subsidiary company of representing four native title groups reporting period. KRED Enterprises. Where the KLC in negotiations with the State successfully negotiates a Heritage Government about its Kimberley Protection Agreement with a mining Science and Conservation Strategy. or exploration company on behalf of The State Activities Funding claim groups or Registered Native Agreement provides a vehicle for Title Bodies Corporate, the affected the KLC and the State Government group decides whether to use the to work collaboratively on matters services of EHSIS to manage and of common interest and concern. undertake heritage surveys or not. 20 Native Title Claim Updates Kimberley Land Council
Native Title Claim Updates East Kimberley
Kimberley women leaders: (from left) Josie Farrer, Irene Davey, Bonnie Edwards, Mary Tarren, Phyllis Gallagher (front), Yvonne Birrell, Pearl Gordon, Violet Carter and Merle Carter
Jaru The Jaru claim is under close case Title Tribunal on November 15, 1999. management by the Federal Court. The claim covers an area of land Native Title Claim Progress north of Halls Creek and south of Future Act Developments The KLC received instructions to Kununurra in the east Kimberley. lodge the new Jaru claim in October There has been a high level of hard In the reporting period, the KLC 2011. Subsequently, the new Jaru rock exploration applications within invested significant resources claim was filed and registered the reporting period. The KLC is to progress this claim through with the National Native Title currently negotiating Heritage conducting anthropological research, Tribunal in March 2012. The claim Protection Agreements with several claimant meetings and mediation. covers an area north of the Tanami companies for the granting of Desert and south of Halls Creek exploration tenements for gold, rare The Koonjie Elvire claim is being and is comprised of the former earths, petroleum and gas. The KLC progressed concurrently with the Lamboo native title claim as well as also provided assistance to KRED adjoining Jaru claim and is under previously unclaimed country in the Enterprises in helping to facilitate a close case management by the east Kimberley to the south of Halls claim group meeting to authorise a Federal Court. Creek. major Future Act agreement relating to a proposed mine in the Ringer Future Act Developments In the reporting period, the Soak area. KLC invested a significant There has been a high level of exploration activity during the amount of resources to progress Koonjie-Elvire anthropological research, claimant reporting period. Koonjie-Elvire meetings and mediation, in line Native Title Claim Progress Traditional Owners have appointed with our litigation strategy and high KRED Enterprises to manage any priority listing of the claim. The Koonjie-Elvire claim was mining negotiations. registered with the National Native Native Title Claim Updates 2014 Annual Report 21
Goorring (Lumugal) Ngarrawanji subsequently amended and re- registered on October 15, 1999. The Native Title Claim Progress Native Title Claim Progress claim covers the Purnululu National The Goorring claim, originally called The Ngarrawanji claim was Park in the east Kimberley. Lumugal, was registered with the registered with the National Native While there was little direct activity National Native Title Tribunal on Title Tribunal on June 25, 1996. The in relation to this claim, the KLC February 17, 2006. The claim was area covers the Moola Bulla pastoral invested significant resources to lodged in response to a Future lease and some small areas of progress anthropological research, Act application and covers an 11 unallocated crown land around Halls claimant meetings and mediation in square kilometre area between the Creek. relation to the Jaru and Kija claims O’Donnell Range, the Ragged Range, generally, to pave the way for intense the Evelyn Range and the Pitt Range. In the reporting period, the KLC invested significant resources work on this claim in the next The Goorring claim is being to progress this claim through reporting period. progressed concurrently with the conducting anthropological research, The Purnululu claim is under close Marlarngowem, Ngarrawanji, claimant meetings and mediation. case management by the Federal Yurriyangem Taam and Kija claims Court. and is under close case management The Ngarrawanji claim is being by the Federal Court. progressed concurrently with the Future Act Developments Gooring, Marlarngowem, Koonjie- Future Act Developments Elvire, Purnululu and Yurriyangem There has been a high level of Taam claims that make up the Kija new applications for mining and No new exploration or mining cultural bloc, and is under close case exploration tenements in this claim applications were received during management by the Federal Court. area. the reporting period. Future Act Developments Yurriyangem Taam Marlarngowem There was a high level of new Native Title Claim Progress Native Title Claim Progress applications for exploration tenements which were granted The Yurriyangem Taam claim was The Malarngowem claim was in the reporting period. The KLC registered with the National Native registered with the National Native is currently negotiating Heritage Title Tribunal on October 29, 2010. Title Tribunal on February 4, 2000. Protection Agreements with several The claim is comprised of core Kija The claim covers an area north east companies. country, located north-east of Fitzroy of Halls Creek and towards Warmun. Crossing towards Kununurra in the In the reporting period, the KLC Purnululu east Kimberley. invested significant resources Native Title Claim Progress In the reporting period, the KLC to progress this claim through invested significant resources conducting anthropological research, The Purnululu claim was registered to progress this claim through claimant meetings and mediation. on March 27, 1995 and was conducting anthropological research, The Marlarngowem claim is being claimant meetings and mediation. progressed concurrently with the The Yurriyangem Taam claim is Goorring, Ngarrawanji, Yurriyangem being progressed concurrently Taam and Kija claims and is under with the Goorring, Marlarngowem, close case management by the Ngarrawanji and Kija claims. Federal Court. The Yurriyangem Taam claim is Future Act Developments under close case management by There has been a high level of the Federal Court. exploration applications received Future Act Developments during the reporting period. There has been a high level of new applications received within the reporting period. Kija country 22 Native Title Claim Updates Kimberley Land Council
Native Title Claim Updates North Kimberley
lodged as a fresh claim to take advantage of s47B of the Native Title Act.
Future Act Developments
No applications for petroleum or mining leases and very few mineral exploration licences were received during the reporting period. Three objections to the application of the expedited procedure progressed to inquiry. One is currently being considered, one was successful (meaning that application is subject to the right to negotiation) and one was withdrawn.
Wanjina Wunggurr Uunguu and Wanjina Wunggurr Uunguu B Native Title Claim Progress Traditional Owner Tom Birch with Justice John Gilmour at the Balanggarra native title determination The Wanjina Wunggurr Uunguu Part A claim was determined by consent Balanggarra Combined, Cambridge Gulf Coast. There are six on May 23, 2011 while the Wanjina Balanggarra #3 and blocks in Wyndham that were not Wunggurr Uunguu B claim was included in the determination and determined in November 2012. Balanggarra #4 are subject to ongoing negotiations. Native Title Claim Progress The Wanjina Wunggurr Registered Balanggarra Traditional Owners Native Title Bodies Corporate The Balanggarra native title waited more than 18 years for their manages the native title interests area is covered by three claims; native title rights and interests to be of the Wanjina Wunggurr Uunguu, Balanggarra Combined, Balanggarra recognised. Wanjina Wunggurr Dambimangari #3 and Balanggarra #4. The KLC assisted the Balanggarra and Wanjina Wunggurr Wilinggin determined areas. The Balanggarra Combined and people to set up the Balanggarra Balanggarra #3 claims were Aboriginal Corporation to be its The KLC assists the Wanjina progressed concurrently and corporate entity and Registered Wunggurr Registered Native Title determined by the Federal Court Native Title Prescribed Bodies Bodies Corporate in its general on August 7, 2013. The claim area Corporate. The Balanggarra compliance with the Corporations covers more than 30,343 square Aboriginal Corporation holds on trust (Aboriginal and Torres Strait kilometres of country in the north the native title rights and interests of Islander) Act 1996 and in responding Kimberley including the Wyndham Balanggarra Traditional Owners. to Future Acts. township, Kalumburu, Oombulgurri and Forest River Aboriginal reserves, The Balanggarra #4 claim was It also facilitates the governance Carson River pastoral lease, parts lodged with the National Native Title structures between the Wanjina of the Drysdale River National Park Tribunal on May 29, 2013. The claim Wunggurr Registered Native and unallocated crown land at Cape area covers 42 square kilometres Title Bodies Corporate and the Londonderry, Carson River and the of unallocated crown land. It was three individual administrative Native Title Claim Updates 2014 Annual Report 23
Rock art, Dambimangari country corporations, which represent the It also facilitates the governance The KLC assists the Wanjina three determination areas, to ensure structures between the Wanjina Wunggurr Registered Native Title positive working relationships Wunggurr Registered Native Bodies Corporate in its general between the groups. Title Bodies Corporate and the compliance with the Corporations three individual administrative (Aboriginal and Torres Strait Future Act Developments corporations that represent the Islander) Act 1996 and in responding three determination areas, to ensure to Future Acts. No applications for petroleum or positive working relationships mining leases and very few mineral between the groups. The KLC also facilitates the exploration licences were received governance structures between during the reporting period. No Future Act Developments the Wanjina Wunggurr Registered objection to the application of the Native Title Bodies Corporate and expedited procedure had progressed No applications for petroleum or the three individual administrative to inquiry during the reporting mining leases and very few mineral corporations, representing the three period. exploration licences were received determination areas, to ensure during the reporting period. No positive working relationships Wanjina Wunggurr objection to the application of the between the groups. Dambimangari expedited procedure progressed to inquiry during the reporting period. In addition to the support provided Native Title Claim Progress to the Wanjina Wunggurr Registered Wanjina Wunggurr Wilinggin Native Title Bodies Corporate, The Wanjina Wunggurr the KLC provides the Wilinggin Dambimangari native title claim was Native Title Claim Progress Aboriginal Corporation with some determined on May 26, 2011. This The Wanjina Wunggurr Wilinggin assistance in developing good determination area is managed by governance practices. the Wanjina Wunggurr Registered native title claim was determined on Native Title Bodies Corporate December 8, 2003. The claim covers Future Act Developments which also manages the native title more than 60,150 square kilometres interests of the Wanjina Wunggurr of country across the Gibb River No applications for petroleum or Uunguu and the Wanjina Wunggurr Road. mining leases and very few mineral Wilinggin determined areas. exploration licences were received This determination area is managed during the reporting period. One The KLC assists the Wanjina by the Wanjina Wunggurr Registered objection to the application of the Wunggurr Registered Native Title Native Title Bodies Corporate expedited procedure had progressed Bodies Corporate in its general which also manages the native to inquiry during the reporting compliance with the Corporations title interests of the neighbouring period. (Aboriginal and Torres Strait Wanjina Wunggurr Uunguu and Islander) Act 1996 and in responding Wanjina Wunggurr Dambimangari to Future Acts. determination areas. 24 Native Title Claim Updates Kimberley Land Council
Native Title Claim Updates Dampier Peninsula
Aerial view, Bardi Jawi country
All Claims details actions for future land use country, reefs, and a number of the planning, land tenure reform, access islands including Sunday Island and The Dampier Peninsula is located management, service delivery Jackson’s Island. along the northwest coast of the and infrastructure, governance, Kimberley and is currently home to economic development, ranger The KLC appealed the decision in six native title claims and two native services, heritage and conservation 2006 and on March 18, 2010, the title determinations. and implementation. Federal Court reversed its initial decision and recognised the native The KLC has been working with The overarching vision of the title rights of the Bardi and Jawi all groups that hold, or may hold Dampier Peninsula Plan is: Healthy people across their sea country on native title across the Middle country, healthy people. Culturally, the Dampier Peninsula. Dampier Peninsula. This has socially, environmentally and included undertaking further economically strong. The Bardi Jawi native title claim was anthropological research across the determined through litigation over 15 area, implementing expert advice Bardi Jawi years. The claim covers 1,037 square as to the best way to progress kilometres of land and sea country native title claims across the entire Native Title Claim Progress on the Dampier Peninsula. Dampier Peninsula and conducting authorisation meetings with The Federal Court recognised native The Bardi and Jawi Niimidiman Traditional Owners, both in family title across a large area of the Bardi Aboriginal Corporation Registered groups and in a bloc. and Jawi claim on November 30, Native Title Bodies Corporate 2005 including exclusive possession manages the native title rights In 2012, the KLC worked with across most of the mainland area. and interests of the Bardi and Jawi Traditional Owners to develop the people. During the reporting period, The Federal Court also found that Dampier Peninsula Plan which the KLC worked to assist the Bardi native title did not exist across sea Native Title Claim Updates 2014 Annual Report 25
Jawi RNTBC to project manage However, there were some benefits development of a corporation office. that Woodside agreed to, irrelevant This included assisting to secure of whether the project went ahead a site, coordination of funding or not. arrangements, building plan design and lease agreements. Warrwa Mawadjala Gadjidgar The KLC also worked with the (Point Torment) Bardi Jawi RNTBC on governance Native Title Claim Progress projects to progress land tenure transfer and cultural mapping, The Warrwa Mawadjala Gadjidgar negotiate agreements for marine claim was registered with the research with the Western Australian National Native Title Tribunal on Marine Science Institute and to June 23, 2011. The claim covers an provide meeting organisation and area across Point Torment in the administrative support. west Kimberley.
Future Act Developments This claim was lodged in response to Future Act pressures at the time. During the reporting period, there This claim has not been a priority was a low level of Future Act activity. for progress in this reporting period, but is now the subject of requests Djabera Djabera for the convening of an authorisation meeting to change the Named Native Title Claim Progress Bardi Jawi country Applicant. The requested meeting is likely to be held in the first half of The Djabera Djabera claim was October 4, 2013. Both claims have 2015. registered with the National Native passed the registration test and are Title Tribunal on October 8, 1996. not represented by KLC. Future Act Developments The claim covers an area to the south and west of Beagle Bay. The On July 4, 2014, Justice Barker made There was a low level of Future Act KLC, as the representative body for orders setting down both claims for activity during the reporting period. the Kimberley, became a respondent trial in September 2015, along with to the claim last year as it considers the Bindunbur and Djabera Djabera Mayala the claim to be fundamentally flawed native title claims. due to the composition of the claim Native Title Claim Progress group. The Djabera Djabera claim is Future Act Developments The Mayala claim was registered overlapped by the Bindunbur native In April 2013, Woodside pulled out with the National Native Title title claim, which was authorised in of the Browse LNG Precinct Project Tribunal on July 1, 1998. The 2013. Agreement to build a gas processing claim covers the island and Future Act Developments facility at James Price Point. sea area between the Bardi & Jawi determined area and the The KLC does not have carriage of Woodside CEO Peter Coleman cited Wanjina Wunggurr Dambimangari Future Act activity for the Djabera extreme cost pressures as the main determined area, in and around the Djabera claim group. reason for the project’s failure as it Buccaneer Archipelago. would be economically unviable. The Goolarabooloo Jabirr Jabirr company is instead looking towards In the reporting period, resources developing the Browse Basin through were allocated to address Native Title Claim Progress floating LNG technology. governance within the Mayala claim. Authorisation meetings were held The Goolarabooloo Jabirr Jabirr As a result of this decision, in July and November 2013, which native title claim was discontinued Traditional Owners missed out on a led to the authorisation of a new on September 20, 2013. A claim on host of benefits agreed to under the applicant. The KLC successfully behalf of the Jabirr Jabirr people Browse LNG Agreement including applied to the Federal Court for was filed on September 23, 2013 and social, economic and training orders to replace the applicant, a separate claim on behalf of the opportunities. which were made on February 19, Goolarabooloo people was filed on 2014. The KLC attempted to meet 26 Native Title Claim Updates Kimberley Land Council
to the process. When combined, the Bindunbur claims cover more than 7609 square kilometres of land and sea country.
In July and October 2013, Jabirr Jabirr, Nyul Nyul and Nimanburru people came together to authorise the filing of Bindunbur native title claims. The Nyul Nyul people also made the difficult decision to discontinue their claims to allow the Bindunbur claims to go ahead. One Bindunbur claim, over the north, north east and central areas of the Middle Dampier Peninsula was registered with the National Native Title Tribunal on December 13, 2013.
The Bindunbur (Area B) claim, over Carnot Bay, Sandy Coastline, Dampier Peninsula Point and the Lacepede with the new Mayala applicant on speed-up and resolve native title. Islands, was May 14, 2014, but some members of Native title claimants on the Middle filed on April the applicant were not able to attend. Dampier Peninsula share the same 24, 2014 but system of laws and customs and is not able to pass the registration There were no resources available to decided it would be better to resolve test as it overlaps with the Djabera progress anthropological research native title as the one society rather Djabera claim. The KLC has become on the Mayala claim in the reporting than as individual tribal groups. a respondent to the Djabera Djabera period. The Federal Court has Through this joint approach they claim and in the reporting period continued to state that it expects believe they can move forward with made an application to have it struck research to be conducted, and native title after previous long delays out on the basis that it does not meet the KLC has committed funds for the requirements for a valid native research in the 2014-15 financial title claim. year. In the reporting period, the KLC Future Act Developments invested significant resources to progress the Bindunbur claim to get During the reporting period there it ready for either trial or consent was a low level of hard rock determination negotiations. On July exploration applications. 4, 2014 Justice Barker made orders setting down the Bindunbur claims Bindunbur for trial in September 2015, along Native Title Claim Progress with other claims on the Dampier Peninsula. The Bindunbur native title claim The KLC has conducted significant provides a new approach to having research and interviews with senior native title recognised on the Middle Traditional Owners to gather the Dampier Peninsula. In the reporting evidence needed to demonstrate period, Traditional Owners on the native title. Middle Dampier Peninsula decided to strategically consolidate claims In the next reporting period, the across their country as a way to Sunset, Dampier Peninsula KLC intends to devote considerable Native Title Claim Updates 2014 Annual Report 27
Soap Tree, Dampier Peninsula resources to making preparations them in negotiations about the Warrwa for the Middle Dampier Peninsula exploration permits. The committee claims trial in September 2015. has particular concerns about the Native Title Claim Progress possible environmental impacts of Future Act Developments The original Warrwa claim was exploration. registered with the National Native In the reporting period, two new As part of the governance conditions Title Tribunal on October 13, 2010. petroleum exploration permits of the Bindunbur claim, any decision The claim covers a small area within were released, covering most of the about development on country, Meda Station and was a polygon Middle Dampier Peninsula. heritage surveys or permission claim lodged by the KLC in response to use country is made by the to Future Act pressures. The KLC worked swiftly to lodge family groups whose country will the new Bindunbur claims with The whole-of-country Warrwa be affected. This is to ensure that the Federal Court in order to give #2 claim was lodged by external the right people speak for country native title claimants in this area lawyers (without KLC assistance) and make decisions about country. the right to negotiate in relation in September 2012. After a joint Bindunbur claimants have been kept to these exploration permits. The authorisation meeting in October up-to-date on these matters through Bindunbur Negotiating Committee 2013 for both claims, an order was Bindunbur claim newsletters. has appointed KRED to represent made on May 12, 2014 to combine the Warrwa #1 and #2 applications into a single application. The combined amended claim will be lodged in July 2014. The combined claim is represented by external lawyers, without KLC assistance.
Future Act Developments
There were no new formal Future Act applications received within the reporting period.
Trees, Dampier Peninsula 28 Native Title Claim Updates Kimberley Land Council
Native Title Claim Updates Desert Region
Future Act Developments to happen, Oil Basins Limited told the court it was refusing to consent There has been a high level of to the determination, despite all petroleum and onshore gas other parties including the State exploration on Ngurrara country in Government, giving consent. The the reporting period. Buru Energy KLC immediately went before holds a number of current mining presiding Judge, the Honourable and exploration tenements in Justice Gilmour, to ask the court to the Canning Basin which covers remove Oil Basins Limited as a party Ngurrara country. Ngurrara to the Nyikina Mangala proceeding. Traditional Owners have appointed The KLC was successful in its KRED Enterprises to manage any application, with Justice Gilmour mining negotiations. finding that Oil Basins Limited had no valid reasons for withholding The KLC manages hard rock its consent to the Nyikina Mangala exploration activities for Ngurrara determination. His Honour also and a low level of applications were made an order removing Oil Basins received during the reporting period. Limited as a party, allowing the determination to take place as Nyikina Mangala country Nyikina Mangala scheduled. Native Title Claim Progress Ngurrara, Ngurrara B and The KLC also worked in the After more than 18 years, the native reporting period to assist Nyikina Yi-Martuwarra Ngurrara title rights of the Nyikina Mangala Mangala Traditional Owners set up Native Title Claim Progress people were recognised on May 29, a Registered Native Title Bodies 2014. Corporate to manage their native There are currently two native title title rights and interests. determinations and one native title The Nyikina Mangala native title claim across Ngurrara country, claim area covers more than 26,000 At a meeting held at Pandanus Park which extends south into the Great square kilometres and extends from Aboriginal community from March Sandy Desert and north into the river the mouth of the King Sound below 25-27, 2014, the Nyikina Mangala country south of Fitzroy Crossing. Derby, along the Fitzroy Valley to people authorised the Walalakoo Noonkanbah and south into the Aboriginal Corporation Registered The first native title claim, Ngurrara, Great Sandy Desert. Native Title Bodies Corporate was successfully determined on to be the body responsible for November 9, 2007. The second Exclusive possession native title managing their native title rights native title claim, Ngurrara B, rights have been recognised across and interests. At the meeting, the was successfully determined in more than 40 per cent of the claim group also decided on a governance November 2012. area, including three Aboriginal structure which includes a board pastoral stations, a large tract of of 12 directors, and committee of The third native title claim, Yi- unallocated crown land in the Great eight cultural advisors. There is Martuwarra Ngurrara, was Sandy Desert and smaller pockets representation from all community registered with the National Native within the claim. groups within the Nyikina Mangala Title Tribunal on February 29, 2012. claim area on the board while During the reporting period, the KLC Negotiations are ongoing between both male and female Nyikina and worked to finalise the determination the State Government and the KLC Mangala senior cultural advisors of this claim which was almost put in with a view to settling the claim make up the Cultural Advisory jeopardy by third party respondent, within the 2014-2015 reporting Committee. period. Oil Basins Limited. Nine days before the determination was scheduled Native Title Claim Updates 2014 Annual Report 29
Future Act Developments Karajarri people to provide ongoing support and assistance to the The Nyikina Mangala determination Nyangumarta Karajarri Aboriginal area which includes country from Corporation as the Registered Native Derby to the Fitzroy Valley, is Title Bodies Corporate for the shared resource-rich and almost entirely area. This assistance includes covered with exploration and mining helping convene director meetings tenements. There has been a high and the annual general meeting. level of Future Act applications as well as on-ground exploration during Future Act Developments the reporting period, with companies looking for coal, oil, nickel, uranium, There was a low level of Future Act gas, mineral sands and iron ore. applications received by the KLC within the reporting period with The Nyikina Mangala people have Heritage Protection Agreements refused to consult with uranium successfully negotiated for all companies wanting to explore on applications. their country as they want to send a Dragontree Soak, Karajarri country clear message to industry that they Tjurabalan want nothing to do with uranium. manage any negotiations associated Native Title Claim Progress with mining activities on Karajarri The Nyikina Mangala people country. This includes Buru Energy have appointed KRED to manage The Tjurabalan native title claim in relation to oil exploration in the negotiations for any mining activities was determined on August 20, Canning Basin. There was also a on their country. A high level of 2001. The claim is in the Tanami low level of hard rock exploration mining exploration applications were Desert region, in the far south-east applications received during the received during the reporting period. of the Kimberley and includes the reporting period, which were Aboriginal communities of Ringer There was also a medium level of managed by the KLC. Soak, Bililuna, Mulan and several hard rock exploration applications outstations. which were received and managed by Yawinya the KLC. It was the first consent Native Title Claim Progress determination to be reached in the Kimberley. Karajarri The Federal Court handed down the Yawinya native title determination Native Title Claim Progress During the reporting period, the KLC across shared country near 80 Mile assisted the Tjurabalan Registered The Federal Court recognised Beach on May 25, 2012. Native Title Bodies Corporate to the native title rights of the hold meetings with the Tjurabalan The determination area is comprised Karajarri people in two consent native title holders. This included, of the shared country of the determinations in 2002 and 2004. the KLC organising and facilitating Nyangumarta and Karajarri people, a double AGM for the corporation two different tribal groups who The KLC, in its role as a Native Title in August 2013, after its 2012 AGM share traditional laws and cultural Representative Body, continues was cancelled due to weather issues connection to the area. to work with the Karajarri people and sorry business. The Tjurabalan and provides ongoing support The Kimberley Land Council and RNTBC received all relevant and assistance to the Karajarri the Yamatji Marlpa Aboriginal approvals. Traditional Lands Association (KTLA) Corporation acted on behalf of Registered Native Title Bodies Future Act Developments the Karajarri and Nyangumarta Corporate. This assistance includes claimants to negotiate native title helping convene director meetings During the reporting period, there across 2000 square kilometres of and the annual general meeting. was a medium level of Future land and sea country including Anna Act applications for hard rock Future Act Developments Plains Station, a portion of Mandora exploration. The KLC managed these Station and 80 Mile Beach. applications and negotiated Heritage During the reporting period, Protection Agreements. the Karajarri Traditional Lands The KLC, in its role as a Native Title Association appointed KRED to Representative Body, continues to work with the Nyangumarta and 30 Native Title Claim Updates Kimberley Land Council
Native Title Claim Updates Central Kimberley
Bunuba country
Bunuba and Bunuba #2 other than the KLC, in relation to an Indigenous Land Use Agreement for Native Title Claim Progress the Fitzroy Crossing townsite. The There are three native title claims Bunuba #3 claim relates to a small across Bunuba country in the pocket of country excised from the central Kimberley area near Fitzroy Bunuba Combined claim prior to the Crossing. determination of Part A of the claim. Due to changes in tenure, it is likely The Bunuba Combined claim was that exclusive possession native title registered with the National Native will be able to be obtained across Title Tribunal on August 20, 1999 and these areas as set out under section Part A of this claim was determined 47B of the Native Title Act. by consent at an on-country sitting of the Federal Court on December 12, Negotiations are ongoing with the 2012. Part B of this claim is expected State Government and all other to be determined at the same time respondent parties in relation to as the other Bunuba claims. settlement of the Bunuba Part B, Bunuba #2 and Bunuba #3 claim. The Bunuba #2 claim was registered It is hoped following the settlement with the National Native Title of the Fitzroy Crossing Townsite Tribunal on May 10, 2012 and covers, Indigenous Land Use Agreement that amongst other places, the Fitzroy a consent determination regarding Crossing township. Negotiations all remaining Bunuba claims could are being undertaken with the State take place in the first half of 2015. Tunnel Creek, Bunuba country Government, by representatives Native Title Claim Updates 2014 Annual Report 31
Flora, Gooniyandi country
Future Act Developments About 50 per cent of the native title Title Tribunal on December 1, 1997. claim is exclusive possession – the The claim covers a portion of the The KLC no longer retains carriage highest possible form of native title Christmas Creek pastoral lease that of Future Act activities on Bunuba rights and interests. is north of Christmas Creek and country. south of the Northern Highway. The Gooniyandi Aboriginal Gooniyandi Combined and Corporation Registered Native Title After considering further connection Yarrangi Riwi Yoowarni Bodies Corporate administers the evidence provided by the KLC in native title rights and interests on June and October 2013, the State Gooniyandi behalf of the Gooniyandi people. Government indicated in-principle Native Title Claim Progress support for a consent determination, The Yarrangi Riwi Yoowarni subject to the applicant reaching The Gooniyandi Combined claim was Gooniyandi claim was registered with a co-existence agreement with determined by consent at an on- the National Native Title Tribunal the holder of the Christmas Creek country hearing of the Federal Court on February 15, 2013. The KLC pastoral lease. Negotiations towards on June 19, 2013. is in active negotiations with the this agreement are being overseen State Government in relation to the by a Federal Court Registrar and The Gooniyandi native title area settlement of this claim. a mediation session is planned for covers 11,200 square kilometres July 2014. This agreement and all of land and water and includes the Future Act Developments other outstanding claim issues are Indigenous- expected to be resolved in the first owned In the reporting period, the half of 2015. pastoral KLC received a medium level of exploration applications which it stations of Future Act Developments Bohemia negotiated Heritage Protection Downs, Mt Agreements for. There was a low level of Future Pierre and Act applications and exploration Louisa Downs Kurungal activity on Kurungal country within and portions Native Title Claim Progress the reporting period for which the of the non-Indigenous Christmas KLC negotiated Heritage Protection Creek, Gogo, Fossil Downs, Larrawa The Kurungal native title claim was Agreements for. and Margaret River pastoral stations. registered with the National Native 32 Looking After Country Kimberley Land Council
Looking After Country Land and Sea Management Unit
Gambanan, Bardi Jawi country
Introduction wildlife and biodiversity monitoring The Land and Sea Management Unit and the passing on of traditional continues to grow and its projects Looking after Country is an integral knowledge and cultural practises comprise more than half of the part of the KLC’s vision. The Land from old people to young people. operational work at the KLC. Staff and Sea Management Unit works members are based across many with Traditional Owners to achieve Kimberley Traditional Owners are locations in the Kimberley. The the cultural and environmental at the forefront of all activities and Land and Sea Management Unit outcomes they want to see happen provide instructions to the KLC on works in close partnership with on the ground. The unit strives to the direction in which to progress native title groups and Registered build strong foundations for the projects. Native Title Bodies Corporate (PBCs) long-term sustainability of programs with a whole of organisation focus The Land and Sea Management to create a lasting legacy for the next on building capacity for PBCs to Unit fosters and enhances cultural generation. manage and deliver project activities. connection to country and uses a The Land and Sea Management Unit combination of traditional ecological (LSMU) was established in 1998 and knowledge with modern science Strategic Vision its projects are far reaching, covering to achieve best practice methods The KLC aspires to share knowledge all aspects of and environmental outcomes. and experience about cultural cultural and It also focuses on delivering economies with Indigenous people environmental direct employment and training internationally. The emergence management opportunities for Kimberley of eco-system based markets including the Aboriginal people while enabling provides an opportunity and urgency protection and Traditional Owners to remain living for an exchange of knowledge, enhancement on country in remote areas. so Indigenous people can share of waterways, experiences, skills and information Looking After Country 2014 Annual Report 33
Partnerships The Land and Sea Management Unit fosters partnerships with many external agencies including the Federal Government, State Government, non-government environmental organisations and philanthropic groups. It is also working to form international alliances with other Indigenous peoples.
Some of the main project partnerships that were strengthened during the reporting period include the Department of Prime Minister and Cabinet (formerly From left: Melissa George, Irene Davey, Kathy O’Reeri, Peter Murray, Trevor Sampi, Frankie the Department of Sustainability, McCarthy and Wayne Bergmann at the WILD 10! Conference in Spain, October 2013 Environment, Water, Population and Communities), The Nature Conservancy, Pew Environment about accessing opportunities Kimberley delegates presented in six Group, the Australian Conservation for socially, environmentally and conference forums and strengthened Foundation, WWF Australia, culturally sustainable development. international connections with other Indigenous Land Corporation, The KLC, together with Kimberley Indigenous people experiencing Shell Social Investment Fund, The Traditional Owners, is pursuing the similar challenges and experiences. Christensen Fund, Indigenous development of an International Business Australia, the WA Knowledge Sharing Network. In May 2014, a contingent from the KLC travelled to the United Nations Department of Fire and Emergency The idea started to gain momentum Permanent Forum on the Rights Services and the WA Department of when Kimberley Aboriginal leaders of Indigenous People. At the forum Agriculture and Food. discussed their vision for a grass- the KLC hosted a side event on the During the reporting period, the roots international Indigenous development of cultural enterprises long-term sustainability of the Land network with former Federal in the region and presented at and Sea Management Unit was an Environment Minister, Tony Burke, various conferences on protected important focus for the KLC. Building at the National Heritage Listing area management, best practice strong foundations to support the announcement on the Dampier mining and economic development increased activity generated by Peninsula in 2011. standards and co-hosted a workshop with the Equator Initiative to further the Kimberley Ranger Network Since then the KLC has pursued advance the development of the and Indigenous Protected Area its vision to create an International World Indigenous Network. projects, has been the objective of Knowledge Sharing Network and as implementing an internal review a result, we have taken our stories, of the Land and Sea Management skills and knowledge across the Unit. The review will strengthen the globe and shared our experiences KLC’s ability to deliver best practice with other Indigenous groups cultural and natural resource overseas. management programs across the region in partnership with Traditional In the reporting period, KLC Owners and PBCs. Additionally, a delegates, Traditional Owners and cross-organisational initiative was rangers attended the WILD10! started during the review period to Conference in Spain in October 2013. identify best practice approaches to The conference brought together supporting projects and activities environmentalists and protected with PBCs to ensure strong cultural area managers from around the governance and capacity building world to discuss shared issues and Nolan Hunter, Wayne Bergmann and Ari outcomes. best practice land management. Gorring outside the UN building in New York 34 Looking After Country Kimberley Land Council
The Cultural and Environmental Services Unit secured two years of funding from the Australian Government’s Caring-for-our- Country target area grants program to improve and expand data collection and data-management capabilities. The cybertracker project focuses on training ranger groups to use the rugged handheld computers and tablets to record data while out in the field. The cybertracker uses software that has been especially designed for the ranger program so information on the full range of activities can be captured. The cybertracker has enabled the Kimberley Ranger Network to undertake monitoring and evaluation activities on a regional level, Bardi Jawi ranger Kevin George uses the cybertracker highlighting the strength of strategic Indigenous land management across Cultural and Environmental Cybertracker Project the region. Services Cybertracker technology has Biodiversity Project In the past five years, the KLC’s become pivotal to ranger work and is After years of engaging external Land and Sea Management Unit, frequently used to record information consultants to conduct biodiversity has focused on working with about country while working in work in the Kimberley, the KLC’s Traditional Owner groups to develop the field. Data collected from the Cultural and Environmental Services and build ranger teams and declare handheld computer is downloaded Unit employed a biodiversity Indigenous Protected Areas across and managed by rangers, who officer in October 2013 to evaluate their country. use it to inform land management decisions and provide reports on national biodiversity standards and With a network of eight Indigenous activities. trends and provide best-practice Protected Areas declared across the Kimberley and 13 ranger groups operating to a high standard, the focus of the Land and Sea Management Unit has changed towards the regional implementation of cultural and natural resource management.
The shift towards providing strategic environmental and cultural services to native title groups has resulted in the development of the Cultural and Environmental Services Unit (CESU). This unit has been added to the KLC’s land and sea portfolio and in the reporting period worked to employ experienced staff with extensive skills and specialised backgrounds in cultural and natural resource management. Hermit crab, Karajarri country Looking After Country 2014 Annual Report 35
advice to Kimberley rangers. The position is co-funded by the Federal Government’s Caring-for-our- Country target area grants program and the World Wildlife Fund (WWF).
The biodiversity officer works with all Kimberley ranger groups to undertake biodiversity surveys and monitor culturally and environmentally significant species. During the reporting period, ranger groups worked to collect baseline Aerial view, Dambimangari country biodiversity data to inform their Healthy Country Plans and to inform strategic plans to look after plans as part of the carbon project to Some rangers groups, in the threatened animal species across assist them make strategic decisions reporting period, secured fee-for- the Kimberley. about capacity building and revenue service contracts for asset protection investment. The carbon business and aerial burning operations. North Kimberley Fire plans were developed through the Abatement Project and Federal Government’s Indigenous Carbon Outreach Project Carbon Farming Fund. Kimberley Ranger Network The carbon outreach project was Fire Management During the reporting period, north started in the reporting period, and Kimberley ranger groups continued will undertake activities to inform The Cultural and Environmental to undertake annual fire planning Kimberley Traditional Owners Services Unit worked with workshops and conduct traditional and Indigenous pastoralists about Traditional Owners to advance the burns both on the ground and carbon business opportunities. The North Kimberley Fire Abatement through the use of helicopters. In project secured funding for two Project, which uses traditional the 2014 fire season, 60 Traditional years from the Federal Government techniques and knowledge to Owners participated in the project, Department of Agriculture and will carry out savannah burning as spending 40 nights in remote camps be managed by the KLC’s Cultural a way to reduce greenhouse gas on country. The helicopter travelled and Environmental Services Unit. emissions. The project covers the more than 50,000 km in the north Balanggarra, Uunguu, Wilinggin The focus of the project has been Kimberley and spent 350 hours on and Dambimangari native title areas to work with native title groups and aerial fire management. Through and stretches across 40,000 square Indigenous pastoralists throughout conducting strategic early dry kilometres of country in the north the Kimberley to discuss the season burns, Traditional Owners Kimberley. carbon story, climate change and created fire breaks and used mosaic opportunities for carbon businesses, burning to reduce fuel loads as a During the reporting period, north so Indigenous landowners will way to protect country from large Kimberley native title groups have the information needed to scale wildfires that ignite in the hot registered carbon businesses decide whether to pursue these season. Wilinggin and Wunambal under the Federal Government’s opportunities or not. Carbon Farming Initiative (CFI) and Gaambera Traditional Owners also completed fire walks to conduct sold the carbon credits they had National Heritage Listing generated through conducting fire on-ground burning around sensitive management activities in the past sites. The west Kimberley received two years. It is expected proceeds National Heritage Listing in August The KLC also worked with other from the sale will be used to fund 2011 for its outstanding Indigenous Traditional Owners and ranger long-term fire management on their cultural values to the nation. It is the groups from outside the north country and generate income and largest area in Australia to have been Kimberley on fire planning and employment opportunities in remote protected through National Heritage management activities. This work communities. Listing, cementing the region as a focused on identifying and preparing strong and significant Aboriginal for any potential Indigenous carbon The four north Kimberley groups place. also developed carbon business business opportunities that may arise in the future. 36 Looking After Country Kimberley Land Council
One of the main aims of the project is to develop an interactive database to monitor weather patterns and assist in evaluating the impacts of climate change to the Great Sandy Desert in the Kimberley.
The seasonal calendar project is being developed by the Ngurrara Rangers in partnership with Shell Australia and the Warlu Jilajaa Jumu Indigenous Protected Area.
During the reporting period, the database design was completed and provides an organised structure for storing traditional knowledge and land management data, collected by the rangers using a cybertracker. The database enables the Ngurrara Rock art on Wunambal Gaambera country Rangers to identify cultural keystone species and seasonal indicators To further protect the Indigenous Program to raise awareness of change, at significant cultural cultural values of the Kimberley, amongst Traditional Owners, native sites of high biodiversity. Traditional the senior leadership group that title groups and rangers about the Owners and rangers developed led the National Heritage Listing National Heritage Listing values and Cybertracker sequences that consultations, re-formed to create management. specifically relate to their country, a legal policy and Indigenous values to assist in the collection of data and management framework. In the reporting period, the group the production of maps and reports. finalised work to create a database During the reporting period, work on in which to hold all the stories and As part of the project, a weather the framework to protect, maintain traditional ecological knowledge station and water monitoring and enhance the important cultural, that has been captured as part of the equipment were used to collect a environmental and traditional National Heritage Listing process. range of data. The data is sent to the Indigenous values of the region Work to store the information on Ngurrara ranger base via satellite entered the final phase. The the database was completed during and uploaded onto the database. The framework pulls together already the reporting period with the aim of data is cross-referenced with data existing work from community using it as a knowledge library that collected from the remote research driven Healthy Country Plans and can be passed down to, and shared station. Results are compared and aggregates them on a regional level. with future generations. Some used, to not only validate traditional information on the database will be knowledge but to also record climate This is in line with the essential available to the public in the future, change impacts and inform land use criteria set by Traditional Owners to while other information will be practices. The results of this project manage National Heritage Listing restricted as directed by the senior will be important in identifying values. These guidelines include leadership group. culturally appropriate land Traditional Owner involvement, management strategies in response culturally appropriate decision Ngurrara Seasonal Calendar to climate change. making and to ensure management of National Heritage Listing is done The Ngurrara seasonal calendar through existing programs including project is designed to capture local the Kimberley Ranger Network and traditional knowledge associated Indigenous Protected Areas. The with seasonal change and the Cultural and Environmental Services responses of plants and animals. Unit has been able to attract The information gathered as part additional funding from the Federal of this project will form a holistic Government’s Indigenous Heritage approach to Indigenous land management. Looking After Country 2014 Annual Report 37
Looking After Country Kimberley Ranger Network and Indigenous Protected Areas
Bardi Jawi ranger Trevor Sampi
Introduction Utilising a combination The Kimberley Ranger Network integrates ecological, social The Kimberley Ranger Network is of traditional cultural and cultural values to generate facilitated by the KLC and works to knowledge, western science sustainable economic growth in realise Indigenous aspirations to remote Aboriginal communities. look after country while providing and modern technologies, the real jobs, training and education as Kimberley Ranger Network The ranger initiative is supported by well as improving socioeconomic the Australian Federal Government standards and community wellbeing. integrates ecological, social and works to realise Indigenous and cultural values to realise aspirations to look after and manage The Kimberley Ranger Network has Indigenous aspirations and country using a combination of successfully completed its sixth year traditional cultural knowledge, of operation and continues to carve generate growth in remote western science and modern out an expanding and increasingly Aboriginal communities technologies. valuable role for Traditional Owners in the natural and cultural resource It has not only created jobs in remote management industry. communities but has established while two rangers commenced long term career pathways, while direct employment with the KLC The Kimberley Land Council significantly improving social and as senior rangers after finishing facilitates 13 ranger groups as part economic circumstances and their traineeships. Three rangers of the network. During the reporting community health and wellbeing. period, the Kimberley Ranger were promoted to acting ranger Network employed 69 full-time coordinator roles, where they will The network is based on a regional rangers, six part-time administrative continue to pursue their career in governance structure founded on staff and 86 regular casual rangers the Kimberley Ranger Network as Indigenous cultural values. managers. 38 Looking After Country Kimberley Land Council
group discovered the presence of echidnas, various wallaby species, crows, finches and a water rat at a variety of locations across the Fitzroy Valley. Biodiversity surveys were also undertaken at Go Go pastoral station to determine the biodiversity composition of different country types. The Gooniyandi Rangers use the Cybertracker – a high-tech GPS device – to record all information and to store photographs. This information is downloaded and used to inform and develop strategies for natural resource management including the promotion of ongoing The Gooniyandi Rangers biodiversity health.
The rangers have also worked to Elders direct long-term conservation the delivery of programs and develop a Gooniyandi resource and management plans, promote regularly reporting back on ranger library for the protection of the transfer of traditional knowledge conservation activities, the rangers environmental and cultural and provide guidance, leadership have developed a successful and knowledge. All ranger photos, and authority. The governance model inclusive model. reports and activities are stored on connects all groups together to the database. Recording stories, ensure that not only are community During the reporting period, the language and the traditional and goals being achieved but regional Gooniyandi Rangers had a strong cultural knowledge of senior elders objectives as well. focus on delivering biodiversity monitoring and research. They will be a priority for the ranger team The Kimberley Ranger Network undertook extensive camera in the next reporting period. operates in conjunction with trapping exercises to capture still Karajarri Rangers Indigenous Protected Areas. and video imagery of various animal Kimberley Aboriginal people have species as a way to determine the The Karajarri Rangers spent the identified Indigenous Protected presence of threatened wildlife. The reporting period gearing up for Areas as the preferred land the declaration of the Karajarri management model in the region Indigenous Protected Area on May 7, and eight have been declared across 2014. the region. Declaring an Indigenous Protected Indigenous Protected Areas are Area requires significant planning, dedicated areas of highly sensitive consultation and hard work. The or important biodiversity hotspots Karajarri Rangers in the 2013-2014 that Indigenous people want to see reporting period worked with senior protected. The Indigenous Protected elders, the Karajarri Traditional Area program is an initiative of the Lands Association and various Federal Government in partnership stakeholders to finalise the Karajarri with supportive corporate and non- Healthy Country Plan, organise the government organisations. declaration and undertake on-going training to manage the Indigenous Ranger Group Updates Protected Area.
Gooniyandi Rangers The Karajarri Healthy Country Plan sets out the long-term management The Gooniyandi Rangers continued to targets of the Indigenous Protected develop a strong relationship with its Area and identifies threats to country cultural advisers and governing body and priority conservation actions. during the reporting period. Through seeking advice and guidance on Gooniyandi ranger Roneil Skeen Looking After Country 2014 Annual Report 39
2014, involved travelling the length of expanding feral horse population the Fitzroy River within the Nyikina for several years. During the Mangala boundary. Vehicles and reporting period, feral horse small boats were used to access numbers exceeded 7000 and were sites of cultural significance, causing significant degradation while place names were recorded of Lake Paruku and surrounding in Nyikina language and several biodiversity areas. As a result, the areas were identified as potential rangers in partnership with a range sites for future land management of stakeholders, worked to organise works including water quality and coordinate an aerial cull of more monitoring, invasive weed and feral than 7,300 feral horses in October animal management and bushland 2013. The rangers are committed regeneration. to the on-going management of feral animals as a way to improve The activities of the Nyikina Mangala the management and conservation Rangers during the reporting outcomes of the Paruku Indigenous Karajarri ranger Jess Bangu period highlight the success of the Protected Area. ranger team and the Kimberley Ranger Network in producing As the rangers are responsible for not only conservation results but implementing the plan, it is also social outcomes through enhancing used to inform ranger work plans connection to country, strengthening and activities. law, culture and language and During the reporting period, assisting in the transfer of traditional the Karajarri ranger team grew knowledge. from strength to strength with The Nyikina Mangala native title the employment of a new ranger area was determined on May 29, coordinator, Indigenous Protected 2014 and as a result, the rangers Area coordinator and new rangers have identified the development of including several women. The an Indigenous Protected Area as group has built a strong team of their preferred land management 15 members including casual model. While securing funding rangers and administrative staff to to start this process will begin ensure it continues to achieve solid in the next reporting period, the conservation and natural resource Nyikina Mangala Rangers are management outcomes on Karajarri Paruku rangers Jamie Brown and Jarvis already compiling information to country. Fernandez treat a Parkinsonia infestation develop a Healthy Country Plan of Nyikina Mangala Rangers management. Data gathered from The Paruku Rangers, during the back-to-country survey trips during reporting period, also worked to Data recording of culturally the reporting period, has greatly implement an electronic visitor significant sites, stories, language assisted this process which is being management pass as a way to names and traditional knowledge undertaken through the National protect and manage the Indigenous was a high priority for the Nyikina Heritage Listing management Protected Area. Mangala ranger team during the framework project. 2013-2014 reporting period. Other project highlights for the Paruku IPA Rangers 2013-2014 reporting period include The rangers facilitated two back- extending the rangers fee-for- In the reporting period, the Paruku to-country survey trips involving service contract with the Department Rangers worked to strengthen the more than 20 people to capture a of Environment, Parks and Wildlife conservation and management of wide range of environmental data. to conduct conservation activities at their Indigenous Protected Area. During the first survey trip through Wolfe Creek Crater, and hosting two Mangala and Ngura desert country in Feral animal management back-to-country trips with elders, October 2013, the rangers captured comprised a significant part of school children and young people to data on feral animal sightings, this work as the rangers had been record stories, language, traditional weed surveying and oral history battling to control the rapidly knowledge and practices. recordings. The second trip in June 40 Looking After Country Kimberley Land Council
During the reporting period, the The rangers developed a crocodile Ngurrara Rangers continued to management plan for Peninsula strengthen their partnership with communities in partnership with the Shell, which through its social State Government Department of investment fund has contributed to Parks and Wildlife. Rangers hosted the development of the Ngurrara a community meeting in response seasonal calendar, weather station to concerns about an increase in and the Ngurrara cultural database. crocodile numbers and elevated risks, and developed a data sheet for Bardi Jawi Rangers recording crocodile sightings to aid in ongoing crocodile management. The Bardi Jawi Rangers completed The Bardi Jawi Rangers also another solid year of work with a attended a knowledge exchange strong emphasis on marine research trip with other rangers from the and biodiversity management. Northern Territory and the Kimberley The rangers undertook numerous on crocodile management. sea patrols across their saltwater The highlight achievement for the and island country to gather a range rangers in the reporting period was of research data on native plants and the delivery and launch of the long- animals. Data collection included awaited and specialised ranger boat, four sea patrols undertaken in July Almban, meaning westerly wind in and October 2013 and January Bardi language. Ngurrara ranger Frankie McCarthy and April 2014, to record turtle numbers across the Sunday Island The vessel, which was launched Archipelago. Turtle nest and track Ngurrara Rangers at a community celebration on monitoring took place with 10 May 2, 2014 at One Arm Point, In the reporting period, the Ngurrara sessions between October and April can carry a crew of eight and is Rangers had a strong focus on at known nesting hotspots across the equipped with state of the art monitoring, managing and protecting peninsula coastline, while Gouldian marine communications and search the jila and jumu, living water Finch surveys were conducted using technology to be able to assist in sources of their desert country. active search and passive camera patrols and marine rescues. It surveillance technologies to reveal was funded by Lotterywest, The The ranger team managed six the presence of healthy breeding Department of Aboriginal Affairs jila and jumu sites during the populations. and the Department of Fire and reporting period and developed and Emergency Services. implemented site management plans to protect them. They also worked to survey four jila and jumu sites to identify threatened species through conducting a biodiversity survey to record the presence and distribution of wildlife across Ngurrara country. Cultural back-to-country trips were also held so senior elders could teach rangers and young people about the traditional protocols for entering jila and jumu sites. The transfer of traditional knowledge is a high priority for Ngurrara Traditional Owners and rangers. As a result, all ranger work, including cultural site recording, biodiversity monitoring, mapping and data collection is recorded using the cybertracker before it is stored in the Ngurrara cultural database. Bardi Jawi Ranger boat launch, May 2014 Looking After Country 2014 Annual Report 41
The vessel will enable the rangers do what they do best; monitor and manage their island country, conduct biodiversity surveys, complete conservation activities and assist in the transfer of traditional knowledge. It will also provide environmental services that are of benefit to the community while creating commercial business opportunities for the rangers.
Balanggarra Rangers
The Balanggarra Rangers continued to achieve strong outcomes through working as a team to ensure the Balanggarra Rangers, 2014 health of their country.
During the reporting period, the weeks on a rotating roster working The Wunambal Gaambera Aboriginal rangers worked to battle the at Oombulgurri on the research Corporation also worked with the imminent cane toad invasion. They project which involved animal rangers and Traditional Owners went on a 10-day biodiversity study handling, scientific observation to finalise the development of the in the Cockburn Ranges as part of recording, GPS training and usage online Uunguu Visitor Pass website. a research project with the State and radio tracking. The website will inform visitors Government Department of Parks about the area and is set to be And Wildlife and the University Uunguu Rangers launched in the first half of the next of Western Australia. During the reporting period. The Uunguu Rangers increased their field trip, rangers used trapping skills in cultural site recording and techniques to collect a variety of Wunggurr Rangers maintenance by developing a five- fauna species so they could record year activity plan in conjunction with The Wunggurr Rangers gained data including measurements, the healthy country team. experience in how to scientifically animal health and GPS location. This record, manage and protect ancient information will be used to assess Using fire management to maintain rock art and cultural sites on their the likely impacts of the noxious rock art has been built into the country. The cultural heritage cane toad as it invades Balanggarra plan and rangers pulled overgrown project was a pilot program funded country. spinifex away from rock faces and by the Department of Environment conducted early dry season burns at The Balanggarra Rangers also and developed by the Australian priority sites between May and June teamed up with scientists from the National University in Canberra. 2014. Department of Parks and Wildlife Rangers went on three field trips to Windjimgayre across three and the University of Sydney to Rangers undertook cultural site weeks to undertake workshops teach native wildlife not to eat the recording training on Mungalala and specialised training in rock art poisonous pest. country in late 2013 to further management and to start developing enhance and improve their skills The innovative project is the first a cultural heritage site management in looking after cultural heritage of its kind in Australia and involves plan. places. feeding small amounts of juvenile Data on the location of unknown rock cane toads to the goanna, so it has Rock art recording also took place art sites was recorded by the rangers a negative reaction to the food but on the annual ranger fire walk which on their annual fire walk. Fires does not die. The process is repeated included nine rangers, Traditional were lit on the four-day, 40km walk daily in an attempt to teach the Owners and staff across five days along Maude Creek from the Munja goanna that the cane toad is not a in June 2014. During the trip Track to Charnley River as a way to food source but a predator. rangers used the cybertracker to improve the biodiversity values of record information on biodiversity This project is ongoing and the the area and reduce late season and cultural sites as well as fire Balanggarra Rangers spent about 16 wildfires. conditions and area burnt. 42 Looking After Country Kimberley Land Council
planning, internal planning meetings and will involve further work into the future.
The Dambimangari Rangers undertook a 12-day cultural mapping field trip with senior elders to locate, record and share cultural information around the Wotjulum region of the Indigenous Protected Area. More than 60 previously unrecorded cultural sites including rock art and stone formations were identified on the trip, while senior elders shared stories and traditional knowledge with the rangers.
They also participated in a northern quoll survey with the Department of Parks and Wildlife in the Talbot Bay region where they recorded the first sightings of the quoll on Molema Island. There was also a biodiversity Wunggurr ranger Dean Smith survey undertaken in Prince Regent National Park and a threatened During the reporting period, the The rangers worked with the wallaby project. A focus for the rangers worked significantly on fire Karunjie and Durack River Stations rangers in the reporting period management projects including and the Nyaliga Traditional Owners was to develop marine research fire planning workshops and to develop fire management agreements with the West Australian consultations, asset protection strategies and conduct controlled Marine Science Institute of which 13 burns and the North Kimberley Fire burns on the properties to prevent projects are underway or planned. Abatement Project which included wildfires from impacting on the Bardi Jawi Oorany Rangers on-ground and aerial burning cultural and natural values of activities. the area and to protect assets. The Bardi Jawi Oorany Rangers Other work was also done with the have been actively engaging in Karunjie and Durack River Stations conservation and land management in partnership with other agencies activities since 2011. Some of their to develop a strategic plan for the work includes seed collection and divestment of the pastoral properties propagation in the nursery to support including mustering of feral cattle the revegetation of monsoonal vine and development of possible tourism thickets. Recording and transferring and carbon businesses. their traditional knowledge of culture, plants and bush tucker to Dambimangari Rangers the younger generations has been The Dambimangari Rangers have a priority for the women. In the undertaken significant marine reporting period, the rangers also management, planning and research undertook fee-for-service contracts, activities in the reporting period. developed work plans and completed conservation and land management The Dambimangari Aboriginal and literacy and numeracy training. Corporation negotiated and signed an agreement with the State In the reporting period, the Oorany Government in November 2013 for rangers teamed up with the the Camden Sound Marine Park Plan Dampier Peninsula police to say and joint management arrangement. ‘no’ to domestic violence and raise Dambimangari head ranger Aaron Mungulu This included a week of marine park awareness of the issue. The women Looking After Country 2014 Annual Report 43
Bardi Jawi Oorany Rangers plant a Marool tree outside the police station at the Djaridjin community, June 2014 planted a Marool tree outside teachers, sharing and passing on the the group has strong community the police station in the Djaridjin traditional knowledge of language support and is made up of 10 community as a symbol of the united and culture to the next generations. causal participants and one ranger efforts between the community and The rangers also assisted the trainee, who is funded through their police to stop domestic violence. male Gooniyandi ranger team to own commercial fee-for-service conduct fire management, weed contracting. The Bardi Jawi Advisory Committee management and back-to-country will work to pursue funding for trips. Funding for a Gooniyandi In the reporting period, the Kija employment of an Indigenous women’s ranger group coordinator Healthy Country Committee formally women’s ranger coordinator in 2015- was only ever temporary and expired opened the group’s new ranger 2016. within the reporting period. The KLC base. The base provides space for the rangers to work and store Gooniyandi Women Rangers is currently seeking further funding to establish this group into the equipment but more importantly The Gooniyandi Women Rangers future. creates a visible ranger presence in focused on seed collection and the community. Kija Rangers propagation and during the reporting The rangers focused on professional period, wrote and published the The Kija Rangers are a largely development in the reporting period Gooniyandi Plants and Animals Book. unfunded, developing team. Based and completed significant training in The women rangers were active in Warmun, in the east Kimberley conservation and land management and literacy and numeracy. They also undertook remote first aid training and Kija language classes.
Fire management formed an important part of the rangers work as they used aerial burning and ground techniques to create large‐ scale firebreaks across neighbouring pastoral stations.
Other activities included weed management, cultural site maintenance, back-to-country trips, protective burning, delivering on fee-for-service contracts, community engagement and maintenance.
Gooniyandi women’s ranger Nina Cherel sprays weeds on Gooniyandi country, April 2014 44 45 46 47 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) STATEMENT OF PROFIT OR LOSS AND OTHER COMPREHENSIVE INCOME FOR THE YEAR ENDED 30 JUNE 2014
Note 2014 2013
Revenue 2 22,296,092 19,712,900 Other Revenue 2 9,765,660 7,080,146 Employee Benefits Expenses (13,294,632) (11,995,638) Depreciation Expenses 3 (367,932) (201,274) Finance Costs 3 (113,054) (157,191) Rental Expenses (314,510) (246,036) Supplier Expenses 3 (12,842,112) (12,828,708)
Surplus/(Deficit) from Ordinary 5,129,512 1,364,199 Activities
Other Comprehensive Income 00
Total Other Comprehensive Income 0 0
Total Comprehensive Income for the Year 5,129,512 1,364,199
The accompanying notes form part of these financial statements.
5 48 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2014 STATEMENT OF CHANGES IN EQUITY FOR THE YEAR ENDED 30TH JUNE 2014
Retained Revaluation Surplus Surplus Total Note 2014 2013 $$$ $$ Balance at 30 June 2012 4,201,891 1,778,624 5,980,515
CURRENT ASSETS Surplus/(Deficit) attributable to entity 1,364,199 0 1,364,199 Cash and Cash Equivalents 4 12,929,329 13,113,918 Balance at 30 June 2013 5,566,090 1,778,624 7,344,714 Trade and Other Receivables 5 590,963 1,578,410 Other Assets 6 444,252 461,915 TOTAL CURRENT ASSETS 13,964,544 15,154,243 Surplus/(Deficit) attributable to entity 5,129,512 0 5,129,512 Balance at 30 June 2014 10,695,602 1,778,624 12,474,226 NON‐CURRENT ASSETS Property, Plant and Equipment 7 11,800,286 7,127,108 TOTAL NON‐CURRENT ASSETS 11,800,286 7,127,108 The accompanying notes form part of these financial statements. TOTAL ASSETS 25,764,830 22,281,351
CURRENT LIABILITIES Trade and Other Payables 8 7,416,756 7,687,244 Unexpended Grants 2,663,650 4,201,932 Provisions 10 1,128,752 905,950 TOTAL CURRENT LIABILITIES 11,209,158 12,795,126
NON‐CURRENT LIABILITIES Borrowings 9 1,912,607 1,912,607 Provisions 10 168,839 228,904 TOTAL NON‐CURRENT LIABILITIES 2,081,446 2,141,511
TOTAL LIABILTIES 13,290,604 14,936,637
NET ASSETS 12,474,226 7,344,714
EQUITY Retained Surplus 10,695,602 5,566,090 Revaluation Surplus 1,778,624 1,778,624 TOTAL EQUITY 12,474,226 7,344,714
The accompanying notes form part of these financial statements.
6 7 49 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) STATEMENT OF CHANGES IN EQUITY FOR THE YEAR ENDED 30TH JUNE 2014
Retained Revaluation Surplus Surplus Total $$$ Balance at 30 June 2012 4,201,891 1,778,624 5,980,515
Surplus/(Deficit) attributable to entity 1,364,199 0 1,364,199 Balance at 30 June 2013 5,566,090 1,778,624 7,344,714
Surplus/(Deficit) attributable to entity 5,129,512 0 5,129,512 Balance at 30 June 2014 10,695,602 1,778,624 12,474,226
The accompanying notes form part of these financial statements.
7 50 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) STATEMENT OF CASH FLOWS YEAR ENDED 30TH JUNE 2014
2014 2013 Note $ $ Cash Flows from Operating Activities Receipt of Grants 23,301,202 19,101,793 Other Receipts 9,371,580 10,311,738 Rent Received 47,698 0 Interest Received 346,382 381,632 Payment to Suppliers and Employees (28,097,288) (27,745,279) Finance Costs (113,054) (157,191) Net cash provided by Operating Activities 17 4,856,521 1,892,693
Cash Flows from Investing Activities Purchase of Property, Equipment and Vehicles (876,348) (1,610,517) Purchase of Land and Buildings ‐ Work in Progress (4,164,762) 0 Net cash provided by Investing Activities (5,041,110) (1,610,517)
Cash Flows from Financing Activities Repayment of Borrowings 0 (32,368) Net cash provided by Financing Activities 0 (32,368)
Net Increase/(Decrease) in Cash Held (184,589) 249,808 Cash at Beginning of Year 13,113,918 12,864,110 Cash and Cash Equivalents at the End of the Year 4 12,929,329 13,113,918
The accompanying notes form part of these financial statements.
8 51 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
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.
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 and the Corporations (Aboriginal and Torres Strait Islander) Act 2006. 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 52 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
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.
Freehold Property Freehold 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 the freehold 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
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 comprehensive income. 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. Freehold 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 Land & Buildings 0% Plant and equipment 20%‐40% Leased plant and equipment33%
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.
10 53 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 1: Summary of Significant Accounting Policies (Continued) d. Leases Leases of fixed assets, where substantially all the risks and benefits incidental to the ownership of the asset but not the legal ownership are transferred to the entity, are classified as finance leases.
Finance leases are capitalised, recording an asset and a liability equal to the present value of the minimum lease payments, including any guaranteed residual values.
Leased assets are depreciated on a straight‐line basis over their estimated useful lives where it is likely that the entity will obtain ownership of the asset. Lease payments are allocated between the reduction of the lease liability and the lease interest expense for the period. Lease payments for operating leases, where substantially all the risks and benefits remain with the lessor, are charged as expenses on a straight‐line basis over the lease term. Lease incentives under operating leases are recognised as a liability and amortised on a straight‐line basis over the life of the lease term. e. Financial Instruments Initial recognition and measurement
Financial assets and financial liabilities are recognised when the entity becomes a party to the contractual provisions to the instrument. For financial assets, this is equivalent to the date that the corporation commits itself to either purchase or sell the asset (i.e. trade date accounting is adopted). Financial instruments are initially measured at fair value plus transactions costs except where the instrument is classified “at fair value through profit or loss” in which case transaction costs are expensed to statement of comprehensive income immediately.
Classification and Subsequent Measurement Financial instruments are subsequently measured at fair value, amortised cost using the effective interest rate method or cost. Fair value represents the amount for which an asset could be exchanged or a liability settled, between knowledgeable, willing parties. Where available, quoted prices in an active market are used to determine fair value. In other circumstances, valuation techniques are adopted. Amortised cost is calculated as: (i) the amount at which the financial asset or financial liability is measured at initial recognition; (ii) less principal repayments; plus or minus the cumulative amortisation of the difference, if any, between the amount initially (iii) recognised and the maturity amount calculated using the effective interest method ; and (iv) less any reduction for impairment. The effective interest method is used to allocate interest income or interest expense over the relevant period and is equivalent to the rate that exactly discounts estimated future cash payments or receipts (including fees, transaction costs and other premiums or discounts) through the expected life (or when this cannot be reliably predicted, the contractual term) of the financial instrument to the net carrying amount of the financial asset or financial liability. Revisions to expected future net cash flows will necessitate an adjustment to the carrying value with a consequential recognition of an income or expense in profit or loss.
11 54 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
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.
12 55 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
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 comprehensive income. 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 comprehensive income. 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. 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 sick leave. Short‐term employee benefits are measured at the (undiscounted) amounts expected to be paid when the obligation is settled.
13 56 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
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 sick leave are recognised as a part of current trade and other payables in the statement of financial position. The Corporation’s obligations for employees’ annual leave and long service leave entitlements are recognised as 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.
14 57 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
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 in July 2008 . The valuation was based on the fair value less cost to sell. 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 data for similar properties. As at 30 June 2014 the directors reviewed the key assumptions originally made by the valuers in July 2008 . They have concluded that these assumptions remain materially unchanged , and are satisfied that carrying value does not exceed the recoverable amount of land & buildings at 30 June 2014 . 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. q. Fair Value of Assets and Liabilities The corporation measures some of its assets and liabilities at fair value on either a recurring or non‐recurring basis, depending on the requirements of the applicable accounting standard.
Fair Value is the price that Corporation would receive to sell the asset or would have to pay to transfer a liability, in an orderly (i.e. unforced) transaction between independent, knowledgeable and willing market participants at the measurement date. As fair value is a market‐based measure, the closest equivalent observable market pricing information is used to determine fair value. Adjustments to market values may be made having regard to the characteristics of the specific asset. The fair values of assets that are not traded in an active market are determined using one or more valuation observable market data techniques. These valuation techniques maximise, to the extent possible, the use of observable market data.
15 58 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 1: Summary of Significant Accounting Policies (Continued)
q. Fair Value of Assets and Liabilities (Continued)
To the extent possible, market information is extracted from either the principal market for the asset (i.e. the market with the greatest volume and level of activity for the asset or, in the absence of such a market, the most advantageous market available to the entity at the end of the reporting period (i.e. the market that maximises the receipts from the sale of the asset after taking into account transaction costs and transport costs).
For non‐financial assets, the fair value measurement also takes into account a market participant’s ability to use the asset in its highest and best use or to sell it to another market participant that would use the asset in its highest and best use. The fair value of liabilities and the Corporation's own equity instruments (if any) maybe valued, where there is no observable market price in relation to the transfer of such a financial instrument, by reference to observable market information where such instruments are held as assets. Where this information is not available, other valuation techniques are adopted and, where significant, detailed in the respective note to the financial statements.
16 59 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014 2014 2013 $$ Note 2: Revenue and Other Revenue
Revenue from Grants State and Federal Government and Other Grants 22,296,092 19,712,900
Other Revenue Interest Received on Financial Assets 346,382 381,632 Rental Revenue 47,698 95,390 Other Revenue 9,371,580 6,603,124 Total Other Revenue 9,765,660 7,080,146 Significant Revenue State and Federal Government and Other Grants 3,522,688 1,245,000
Included in Revenue from Grants is significant revenue relating to financial assistance received and utilised on construction of the Kimberley Land Council purpose built office facility and purchase of other approved assets.
Note 3: Expenses
Depreciation and Amortisation Plant and Equipment 93,279 111,482 Motor Vehicles 215,253 89,792 Buildings 59,400 0 367,932 201,274 Finance Costs Interest Expenses 113,054 157,191
Rental Expenses on Operating Leases Minimum Lease Payments 834,094 952,182
Note 4: Cash and Cash Equivalents
CURRENT Cash at Bank ‐ Unrestricted 10,265,079 8,904,352 Cash at Bank ‐ Restricted 2,663,650 4,201,932 Cash on Hand 600 7,634 12,929,329 13,113,918
Cash at Bank ‐ Restricted represents unexpended grants income on hand at the end of the year.
17 60 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014 2014 2013 $$ Note 5: Trade and Other Receivables
CURRENT Trade Receivables 590,963 1,578,410 Total Current Trade and Other Receivables 590,963 1,578,410
Note 6: Other Assets CURRENT Prepayments 444,252 461,915 444,252 461,915
Note 7: Property, Plant and Equipment
LAND AND BUILDINGS Freehold Land and Buildings at Fair Value: Directors' Valuation 2014 5,311,798 0 Independent Valuation 2009 0 5,311,798 Less Accumulated Depreciation (59,400) 0 Work in Progress ‐ Administration Building 5,400,090 1,235,328 Total Land and Buildings 10,652,488 6,547,126
PLANT AND EQUIPMENT
At Cost 1,012,418 753,947 Less Accumulated Depreciation (691,686) (598,407) Total Plant and Equipment 320,732 155,540
MOTOR VEHICLES
At Cost 1,189,598 843,858 Less Accumulated Depreciation (634,669) (419,416) Total Motor Vehicles 554,929 424,442
SOFTWARE AND WEBSITE
At Cost 00 Work In Progress ‐ Software and Website 272,137 0 Total Software and Website 272,137 0
Total Property, Plant and Equipment 11,800,286 7,127,108
18 61 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 7: Property, Plant and Equipment (continued)
Included in freehold Land & Buildings at Fair Value are the following assets which have been provided as security to the ANZ bank for the Bank Line of Credit of $ 1,912,607 (2013: $1,912,607) disclosed at Note 9 .
2014 2013 Volume Folio $ $ Dampier Terrace Broome 2655 530 730,000 730,000 11 Gregory Street Broome 1639 283 1,640,000 1,640,000 12 Rosewood Street Kununurra 1849 710 390,000 390,000 7 Archer Street Derby 1851 646 310,000 310,000 21 Windjana Street Derby 1769 101 425,000 425,000 26 Knowsley Street Derby 1247 675 300,000 300,000 3,795,000 3,795,000
In addition , the following assets have other encumbrances as detailed below : 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 West 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.
Work in Progress:
Land and Buildings
Administration Building : The Kimberley Land Council is building a new Administration Building at 11 Gregory Street, Broome. As at 30 June 2014 the Administration building is disclosed as work in progress as it is not yet complete as at 30 June 2014. The building is expected to be completed during the 2014/15 financial year. Depreciation on the new building will commence when building construction is completed and the building is held ready for use.
Software and Website Kimberley Land Council is developing a new corporate website and internal database management system. As at 30 June 2014 Software and Website development is disclosed as work in progress as the website and software was still being developed. Depreciation on the new website and software wil commence when the development is completed. It is anticipated this will occur in the 2014/15 financial year.
19 62
KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
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 Work In Progress Total Land Progress Land and Plant and Motor (Administration and (Software Total Buildings Equipment Vehicles Building) Buildings and Website) 2013 $ $ $ $$ $ Balance at the beginning of the year 5,311,798 147,430 5,459,228 182,466 76,170 0 5,717,864 Additions at cost 0 1,087,898 1,087,898 62,866 459,754 0 1,610,518 Disposal 0 0 0000 0 Depreciation expense 0 0 0 (89,792) (111,482) 0 (201,274) Carrying amount at the end of the year 5,311,798 1,235,328 6,547,126 155,540 424,442 0 7,127,108
2014 Balance at the beginning of the year 5,311,798 1,235,328 6,547,126 155,540 424,442 0 7,127,108 Additions at cost 0 4,164,762 4,164,762 258,471 345,740 272,137 5,041,110 Depreciation expense (59,400) 0 (59,400) (93,279) (215,253) 0 (367,932) Carrying amount at the end of the year 5,252,398 5,400,090 10,652,488 320,732 554,929 272,137 11,800,286
Asset Revaluations The freehold land and buildings were independently valued in July 2008 by Kimberley Property Valuers. The valuation was based on the fair value less cost to sell. 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 data for similar properties. The valuation resulted in a revaluation increment of $1,778,624 being recognised in the revaluation surplus for the year ended 30 June 2012. As at 30 June 2014, the directors performed a directors’ valuation on the freehold land and buildings. The directors have reviewed the key assumptions adopted by the valuers in 2008 and do not believe there has been a significant change in the assumptions at 30 June 2014. The directors therefore believe the carrying value of the land correctly reflects the fair value less cost to sell at 30 June 2014.
20 63 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
2014 2013 $$ Note 8: Trade and Other Payables
CURRENT Trade Payables 5,978,453 6,371,253 Other Current Payables 1,229,073 843,481 Accrued Salaries and Wages 209,230 472,510 7,416,756 7,687,244
Note 9: Borrowings
NON‐CURRENT Bank Line of Credit 1,912,607 1,912,607 Total Borrowings 1,912,607 1,912,607
The bank debt is secured by a first registered mortgage over certain freehold properties owned by the Kimberley Land Council as detailed in Note 7.
Note 10: Provisions Analysis of total provisions Current 1,128,752 905,950 Non‐Current 168,839 228,904 Total 1,297,591 1,134,854
Provision for Provision for Annual Long Service Leave Leave Total $$$ Opening balance as at 1 July 2013 798,750 336,104 1,134,854 Additional provisions 253,896 123,676 377,572 Amounts used (117,308) (97,527) (214,835) Balance at 30 June 2014 935,338 362,253 1,297,591
21 64 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014
Note 10: Provisions (Continued) Provision for Long‐term Employee Benefits A provision has been recognised for employee entitlements relating to long service leave. In calculating the present value of future cash flows in respect of long service leave, the probability of long service leave being taken is based on historical data. The measurement and recognition criteria relating to employee benefits have been included in Note 1.
2014 2013 $$ Note 11: Capital and Leasing Commitments Operating Lease Commitments Non‐cancellable operating leases contracted for but not capitalised in the financial Payable – minimum lease payments: – not later than 12 months 480,235 512,657 – later than 12 months but not later than five years 430,161 184,939 Total 910,396 697,596
The property lease commitments are non‐cancellable operating leases contracted for but not capitalised in the financial statements with a five‐year term. Increase in lease commitments may occur in line with the Consumer Price Index (CPI).
Capital Expenditure Commitments Contracted for: Construction for KLC Building in Broome 5,575,854 10,040,076 5,575,854 10,040,076 Note 12: Events After the Reporting Period
The Directors are not aware of any matter or circumstance that has arisen since the end of the year that has significantly affected or may significantly affect the corporations operations, results and the state of affairs in future financial years. Note 13: Key Management Personnel Compensation
The totals of remuneration paid to Key Management Personnel (KMP) of the corporation during the year are as follows:
Key Management Personnel Compensation 956,000 793,000
22 65 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014 2014 2013 $$ Note 14: Related Party Transactions Mr Frank Davey 5,245 30,000
Mr Frank Davey (Co ‐Chairman of KLC) is a director of Gambanan Pty Ltd and was engaged during the year to provide consultancy services to the Kimberley Land Council. Mr Frank Davey also received retainer and other payments during the year in an advisory capacity and to provide consultancy services to the Kimberley Land Council.
These transactions are on normal commercial terms and conditions, and are no more favourable than those available to other persons or entities. Note 2014 2013 $$ Note 15: Financial Risk Management
The Corporation’s financial instruments consist mainly of deposits with banks, local money market instruments, short‐term investments, accounts receivable and payable. The totals for each category of financial instruments, measured in accordance with AASB 139 as detailed in the accounting policies to these financial statements, are as follows:
Financial Assets Cash and Cash Equivalents 4 12,929,329 13,113,918 Current Trade and Other Receivables 5 590,963 1,578,410 Total Financial Assets 13,520,292 14,692,328
Financial Liabilities Financial Liabilities at Amortised Cost: Trade and Other Payables 8 7,416,756 7,687,244 Borrowings 9 1,912,607 1,912,607 Total Financial Liabilities 9,329,363 9,599,851
Note 16: Reserves Revaluation Surplus Revaluation surpluses have arisen on revaluation of the following classes of non‐current assets:
Land and Buildings Opening Balance 1,778,624 1,778,624 Revaluation Increment 0 0 Revaluation Decrement 0 0 1,778,624 1,778,624
Total Asset Revaluation Surplus 1,778,624 1,778,624
23 66 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE PERIOD ENDED 30 JUNE 2014 Note 2014 2013 $$ Note 17 : Cash Flow Information Reconciliation of Cash Flow from Operations to Operating Surplus
Operating Surplus/(Deficit) 5,129,512 1,364,199
Adjustment for non‐cash expenses: Depreciation 367,932 201,274 Carrying Amount of Assets Disposed
Adjustment for changes in operating assets and liabilities: Decrease/(Increase)in Accounts Receivable 1,005,110 (1,092,509) Increase/(Decrease) in Accounts Payable (270,488) 1,929,705 Increase/(Decrease) in Provisions 162,737 101,131 Increase/(Decrease) in Unexpended Grants (1,538,282) (611,107)
Net cash provided by Operating Activities 4,856,521 1,892,693
24 67 68 Glossary 69
Glossary
Gambanan, Bardi Jawi country
AGM Annual General Meeting IPA Indigenous Protected Area
ADJR Administrative Decisions (Judicial KALACC Kimberley Aboriginal Law and Culture Review) Act, 1977 Centre
ALT Aboriginal Lands Trust KLC Kimberley Land Council
AQIS Australian Quarantine Inspection Service KLRC Kimberley Language Resource Centre
CATSI Act Corporations (Aboriginal and Torres KRED KRED Enterprises Strait Islander) Act 2006 KTLA Karajarri Traditional Lands Association CEO Chief Executive Officer LSMU Land and Sea Management Unit CFI Carbon Farming Initiative NHL National Heritage Listing CPA Certified Practising Accountant NNTC National Native Title Council DAA Department of Aboriginal Affairs NNTT National Native Title Tribunal DFES Department of Fire and Emergency Services NTA Native Title Act (Cth) 1993
DPaW Department of Parks and Wildlife NTRB Native Title Representative Body
DPP Dampier Peninsula Plan PBC Prescribed Bodies Corporate
EHSIS Environmental Heritage and Social RNTBC Registered Native Title Bodies Corporate Impact Services SAFA State Activities and Future Acts FAA Financial Assistance Agreement WWRNTBC Wanjina Wunggurr Registered Native HPA Heritage Protection Agreement Title Bodies Corporate
ILUA Indigenous Land Use Agreement 70 Notes Kimberley Land Council
Notes
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...... Kimberley Land Council
36 Pembroke Rd, Broome WA 6725 • PO Box 2145 • Ph: (08) 9194 0100 • Fax: (08) 9193 6279 • Email: [email protected]
Kununurra
Lot 2229 Speargrass Rd, Kununurra WA 6743 • PO Box 821 • Ph: (08) 9194 0190 • Fax: (08) 9168 1509
Derby
Lot 285 Loch St, Derby WA 6728 • PO Box 377 • Ph: (08) 9194 0175 • Fax: (08) 9193 1163
www.klc.org.au