2015 KLC ANNUAL REPORT 2 Kimberley Land Council 2015 Annual Report Kimberley Land Council 2015 Annual Report Contents
Introduction and overview 4
Our mission, vision and values 5
Message from the Chairman 6
Board of Directors 8
CEO Report 9
Our organisation 12
Kimberley Land Council 12 Organisation structure 15 Strategic and operational plans 18 Human Resources 21
Performance Report 23
Native title claim updates 26
East Kimberley 26 North Kimberley 29 Dampier Peninsula 31 Desert Region 35 Central Kimberley 37
Looking after country 39
Land and Sea Management 39 Kimberley Rangers Network and Indigenous Protected Areas 48
Financial Statements 59
2014 - 15 Financial Statements 59 Glossary 64
Kimberley Land Council 2015 Annual Report 3 Introduction and overview Introduction and overview
FIRST KLC MEETING AT NOOKANBAH, 1978
The Kimberley Land Council (KLC) was As part of our Native Title established in 1978 following a dispute Representative Body funding While ful fi lling our role as a between Kimberley Aboriginal people, agreement with the Commonwealth Native Title Representative the West Australian Government and Government, the KLC is required to Body remains the core business an international mining company at present detailed technical information of our organisation, we have Noonkanbah. on its functions in our Annual Report. expanded to included a The KLC was set up by Kimberley This report also includes information broad range of programs and Aboriginal people as a peak regional on other aspects of our organisation activities that help us achieve community organisation, to secure to reflect the full diversity of our the vision of our members the rights and interests of Kimberley operations. 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 fulfilling our role as a Native Title Representative Body remains the core business of our organisation, we have expanded to include a broad range of programs and activities that help us to achieve the vision of our members.
4 Kimberley Land Council 2015 Annual Report Our mission, vision and values Our mission, vision and values
JILA WEATHER STATION, NGURRARA COUNTRY
Our Vision • Develop and implement policies, strategies and activities that deliver The Kimberley Land Council The Kimberley Land Council is a is a community organisation community organisation working for a high-standard of services to and with Traditional Owners of the Traditional Owners to achieve our working for and with Kimberley to get back country, look vision Traditional Owners of the after country and get control of the • Develop and implement sound, Kimberley to get back future. appropriate and effective planning country, look after country and review processes and and get control of the future Our Mission documents Aims • To get back country Our Values • To look after country • Respect for our law and culture • To get control of the future • Respect for our elders and stakeholders • To have a strong organisation • Fair and transparent decision- Objectives making • Improve the cultural, social and • Effective and open communication economic wellbeing of Kimberley • Working in partnership Aboriginal people • Trust and loyalty • Operate as an effective body to • Justice and equality for Indigenous secure rights for and deliver the people aspirations of Kimberley Traditional • Cultural diversity Owners
Our mission, vision and values 5 Message from the Chairman Anthony Watson
KLC CHAIRMAN ANTHONY WATSON
It was an honour and privilege to It has been a challenging year for any meaningful involvement in heritage be elected as the new Chair of the Aboriginal people in Western Australia protection, improve the rights of mining KLC at our Annual General Meeting as we tackled proposed changes to companies to destroy cultural heritage in September 2014, in my home the Aboriginal Heritage Act, threats and give supreme decision-making community of Jarlmadangah. I have to forcibly close remote Aboriginal power to government bureaucracy. been fortunate enough to grow up communities and land tenure reform alongside the organisation and the KLC issues. Kimberley Aboriginal people have not has been a part of my family and my life been properly consulted about the since I was little. So for me, taking on a Discriminatory policies that erode proposed amendments and we do not leadership role within the organisation Aboriginal human rights and support them. Our people have rallied has been extremely special. undermine the native title system together in a show of unity to protest severely and negatively impact against the changes and this has been There were a number of changes to on our ability to pursue culturally great to see. More than 400 people the KLC board in the reporting period appropriate and sustainable economic rejected the proposed amendments at including the election of the first ever development opportunities. a Kimberley protest in September 2014, female Deputy Chair, Bonnie Edwards while a bush meeting at Yule River and along with a number of young people WA Aboriginal Heritage Act a Traditional Owner march to the steps and future leaders. This is a positive changes of Parliament were used to object to step forward in the history of the KLC. the changes. Changes to the Aboriginal Heritage Act, expected to be introduced West Australian Aboriginal people Political landscape within the next reporting period, are reject the proposed changes and we The WA State Government approach discriminatory and erode the rights urge the State Government to take the towards Aboriginal affairs and of Aboriginal people to protect our necessary steps needed to abandon native title has dictated the political cultural heritage. The WA Aboriginal the amendments. The KLC strongly landscape in the 2014-2015 reporting Heritage Act should protect and supports reform of the Aboriginal period. preserve cultural heritage for Aboriginal Heritage Act but we need to start with people. Instead the proposed a clean slate to produce legislation amendments deny Aboriginal people of
6 Kimberley Land Council 2015 Annual Report We hope the State is true to its word to not close remote communities because they play a vital role in strengthening culture, enhancing the natural environment, protecting heritage values and in improving the social fabric and wellbeing of Aboriginal people
that meaningfully includes Aboriginal Kimberley leaders to find positive for the Kimberley Ranger Network, people and respects our values and solutions to improve and enhance Indigenous Protected Area programs role in protecting our cultural heritage. remote Aboriginal communities. and the development of carbon We are also looking forward to the businesses which are tools Traditional Aboriginal community closures State Government moving forward Owners are using to achieve their social with consultation and announcing and economic aspirations. In November 2014, Premier Colin how, when and where community Barnett announced plans to forcibly engagement will occur and with whom. There have been many challenges in close up to 150 remote Aboriginal The KLC will continue to be involved the reporting period but what I have communities after the Federal in the process as we move forward to been most proud of is the way not Government withdrew funding for provide advice, ensure the government only Kimberley Aboriginal people but municipal services, saying the State is held accountable and to represent all Aboriginal people and the wider could not afford to service them. The the interests of all Kimberley Aboriginal Australian public have come together KLC took the lead role in petitioning people. to support each other and stand up for against the closures raising regional, our rights. Our old people would be national and international awareness The State Government has said it proud. of the issue. As part of this, CEO Nolan will not be closing any Aboriginal Hunter and I went to the United Nations communities. We hope the State in New York to raise the issue and lodge is true to its word because remote a formal submission condemning the communities play a vital role in closures. The KLC received widespread Anthony Watson strengthening culture, enhancing international support from global the natural environment, protecting human rights organisations, Indigenous heritage values and in improving the organisations and NGOs from Australia, social fabric and health and wellbeing India, New Zealand and the United of Aboriginal people. States.
The KLC community closures campaign Land tenure and native title sparked massive public support for In the reporting period we also battled Aboriginal people. This was highlighted a number of land tenure issues that on May 1 when thousands of people work to undermine and reduce marched in #sosblakaustralia rallies the native title rights and interests across Australia and around the Kimberley Aboriginal people have world to protest against the closures. fought so hard to secure. We want to Mounting public pressure forced the use our native title rights to create WA State Government to reassess its culturally appropriate and sustainable position and on May 7 it announced economic opportunities that improve that it would no longer close Aboriginal our social wellbeing. Native title needs communities but implement regional to be viewed, not as an inconvenience reforms. but as a tool to enable positive social and economic opportunities for We are excited the State Government Aboriginal people and all Australians. has committed to working with Native title has provided a platform
Message from the Chairman 7 Board of Directors KLC Board as of 30 June, 2014
CHAIRMAN ANTHONY WATSON DEPUTY CHAIR BONNY EDWARDS CEO NOLAN HUNTER SPECIAL ADVISER JOHN WATSON
SPECIAL ADVISER MARIA HAND SPECIAL ADVISER PETER MURRAY TOM BIRCH PHILLIP MCCARTHY
KEITH ANDREWS BOBETTA ALBERT GORDON MARSHALL YVONNE BIRRELL
TOM LAWFORD ANDREW DAYLIGHT DWESMOND WIGGAN-DANN MERLE CARTER
MINETTA FARRER ISMAHL CROFT ALBERT COX ROSIE NUNJU
PEARL GORDON ELIZABETH LULU CATHERINE GOONACK KATHY O'REERI
FRANCIS (LULGA) DJIAGWEEN GABRIEL NODEA
8 Kimberley Land Council 2015 Annual Report CEO Report Nolan Hunter
KLC CEO NOLAN HUNTER
Investing in the future of Kimberley Conservation and land management The KLC will continue to advocate to Aboriginal people has been a priority activities through the Kimberley government the benefits of native title of the KLC in the reporting period. We Ranger Network and the declaration while ensuring the rights and interests have focused our work on building of Indigenous Protected Areas are of Kimberley Aboriginal people are bright futures for Kimberley mob being used to deliver environmental, respected. by securing native title outcomes, economic and social benefits. developing cultural business Funding uncertainty enterprises to provide strong economic In the reporting period, there has been There has been uncertainty foundations and increasing our a push by government departments surrounding long-term funding for international networks so we can not to undermine the rights of Traditional Native Title Representative Bodies only share our knowledge but learn Owners and disregard their native as a result of the introduction of the from the experiences of others. title interests. This has been occurring Federal Government’s Indigenous in particular where there is tension Advancement Strategy. This new between State Government legislation Native title and land tenure scheme, which is currently under and Federal Government legislation reform investigation, consolidated 150 set out in the Native Title Act. As a The KLC has worked hard to secure programs into five categories result conflict occurs when the State strong native title outcomes and focused on education, training Government tries to assert jurisdiction as a result about 70 per cent of the and employment and community across Crown Land and Traditional Kimberley is determined native title safety. The difficulty for Native Title Owners try to assert their native title land. Kimberley Aboriginal people Representative Bodies is that land rights and interests. These actions are have been recognised in Australian councils have a statutory obligation proving to be a significant impediment law as having strong and significant to provide a service as determined by to the pursuit of self-determination rights and interests in their country. As Australian law and the Native Title Act. and are interfering with attempts by a result, Traditional Owners have been As a result, our organisations cannot be Kimberley Aboriginal people to pursue using their land to develop cultural grouped into one of the five categories culturally appropriate and sustainable enterprises such as carbon business where access to funding is based on economic development opportunities. and tourism ventures to provide an producing education, training and economic foundation in communities. employment outcomes.
CEO Report 9 Funding security for Native Title Representative Bodies is pivotal if organisations, like the Kimberley Land Council are going to continue to resolve native title, establish Registered Native Title Bodies Corporate and deliver a range of bene f its for Traditional Owners
To make matters more difficult The KLC currently provides all of its International networking only 45 per cent of successful services pro bono, but as PBCs develop In the past year, the KLC has continued applicants through the Indigenous and begin to function as professional its focus on promoting our projects Advancement Strategy were operations, we are looking to enter into and sharing our learning with other Indigenous organisations. There has fee-for-service contracts with PBCs to Indigenous groups from across the been no clear or transparent process provide a suite of specialist services world. The emergence of eco-system in how successful applicants were and technical support. We are currently based markets has provided an determined or why so many Indigenous investigating how this transition could opportunity and urgency to connect organisations were unsuccessful. occur and are looking at a range the world’s Indigenous people so The rigour with which Aboriginal of models. We have been working we can share our experiences, skills organisations are held to account far with native title holders and have and information about ways to exceeds government accountability. conducted a number of workshops and access opportunities for socially, information sessions with PBCs to gain environmentally and culturally Funding security for Native Title feedback and advice. sustainable development. Representative Bodies is pivotal if organisations, like the Kimberley Land As part of this review and investigation Our focus has been on creating an Council are going to continue to resolve into future operations, the KLC has international knowledge sharing native title, establish Registered Native been working with PBCs and ranger network of land and sea managers Title Bodies Corporate and deliver groups to look at ways Traditional and as a result the KLC co-sponsored a range of benefits for Traditional Owners can use their native title rights a three-day gathering to discuss Owners. We call on the Federal and utilise their knowledge and skill conserving nature and culture. More Government to adequately resource in looking after country to create than 200 Indigenous people from Native Title Representative Bodies and sustainable business and enterprise across the globe attended the event provide a clear, transparent and secure opportunities. which was the precursor to the World process for this occur. Parks Congress in Sydney in November. Developing business projects in remote communities has a number Native title transition The KLC played a significant role at of positive flow-on benefits in the This year, the KLC has continued to the conference, hosting a number of form of increased employment and assist Registered Native Title Bodies workshops and presenting at a number training, increased income and Corporate to make the native title of sessions. In line with our vision, our expenditure within communities, transition from the pre-determination Chair Anthony Watson and I attended improved health and wellbeing, and phase into the post-determination the United Nations Permanent Forum enhanced social cohesion. Providing environment. The KLC has come on Indigenous Issues in New York while these opportunities in remote areas under significant pressure to provide the organisation was represented at also provides certainty for Aboriginal ongoing resources and assistance to the Emissions Reduction Summit in communities to be successful while native title holders including setting Melbourne. Within the next reporting providing significant opportunities for up and registering PBCs, working period, we will continue to build and people to access country and enhance to develop governance structures, develop our relationships with other cultural connection. providing administrative support, Indigenous people and as a result skill enhancement, strategic business we plan on attending the UN Climate development and training and legal Change Conference COP 21 in Paris in and financial support. November 2015.
10 Kimberley Land Council 2015 Annual Report In the coming year, the KLC will continue to advocate for the rights and interests of Kimberley Aboriginal people as we pursue our journey to achieve improved economic, social, education and health outcomes
reporting period. The new office complex is a significant achievement for the organisation as it not only brings together our Broome staff and operations under one roof but it symbolises the important and permanent role of Aboriginal people in the Kimberley.
Our new offices will also enable the KLC to continue to grow and operate as a strong organisation as we work to achieve our vision.
The KLC overcame a number of AT THE UNITED NATIONS PERMANENT FORUM ON INDIGENOUS ISSUES IN NEW YORK challenges in the reporting period to continue to achieve great successes The year ahead through litigation with the Bindunbur for Kimberley Aboriginal people. I claim set for trial in the Federal Court in would like to thank our members and In the coming year, the KLC will September. directors for their vision and on-going continue to advocate for the rights support to guide the organisation into and interests of Kimberley Aboriginal Preparing for a native title trial is time the future. I would also like to thank people as we pursue our journey to consuming and resource intensive. our staff who are energetic, resilient, achieve improved economic, social, Our legal and anthropology teams innovative and hard working. Our education and health outcomes. Our have been hard at work assisting more organisation is a reflection of the focus will be on further developing than 30 witnesses, mostly senior old great work they do to assist Kimberley cultural enterprises to provide people, prepare to give evidence. The Traditional Owners achieve their sustainable business opportunities for trial, which is expected to last for six aspirations. Kimberley Aboriginal people so we can weeks, begins on September 21 and deliver jobs, training and an income will include one week of on-country stream to remote communities. evidence and another two weeks in Broome before further evidence is We will also continue to expand our Nolan Hunter international networking efforts heard in Perth in February 2016. by attending the Climate Change Conference COP 21 in Paris as part of Progressing native title across the our efforts to reduce climate change east Kimberley towards a native title impacts through data collection and determination will also be a focus of monitoring and conducting early dry our native title team in the year ahead. season prescribed burning. Although staff have recently moved Achieving native title outcomes will into the KLC new office facilities, the be a priority and for the first time in 10 official opening of the purpose built years the KLC will resolve native title office facility will be held in the next
CEO Report 11 Our organisation Kimberley Land Council
NOOKANBAH PROTEST MARCH, 1978
Kimberley Land Council Our Native Title Representative representation for achieving positive Body operations are funded by the native title outcomes. In the reporting The Kimberley Land Council was Department of Prime Minister and period, the KLC worked with native borne out of the epic land rights battle Cabinet. title claimants, native title holders in 1978, when Kimberley Aboriginal and Registered Native Title Bodies people travelled to defend sacred sites Some of our other activities at the Corporate (PBCs) to prepare and at Noonkanbah from plans by the KLC are supported by state and progress native title applications Western Australian Government and federal governments, philanthropic while providing facilitation and international mining company AMEX, to organisations, environmental groups representation to our clients in explore and drill for oil. and self-generated income. the mediation and negotiation of agreements. The KLC was formed by Aboriginal The KLC is incorporated under the people for Aboriginal people, and Corporations (Aboriginal and Torres In doing this, the KLC meets its is one of the three peak Indigenous Strait Islander) Act 2006 and operates requirements as a Native Title organisations in the Kimberley working under the Native Title Act (1993). Representative Body to: with Traditional Owners to protect and strengthen land, law, language and • Research, prepare and progress culture. Role and functions native title applications; and NTRB – legislation • Represent and facilitate Kimberley Aboriginal people have The KLC provides native title services consultations, mediation, been strong advocates for land rights to Kimberley Aboriginal people. The negotiation and proceedings since the KLC was started in 1978. The following primary functions of the relating to native title applications KLC was recognised in May 2000 as the organisation are prescribed by the such as Future Acts, Indigenous Native Title Representative Body for the Native Title Act 1993 (Cth): Land Use Agreements (ILUAs) and Kimberley region in Western Australia any other native title matters. pursuant to s230AD of the Native Title Facilitation and assistance Act 1993, (Cwth) (NTA). The KLC strives to provide its clients with the highest standards of
12 Kimberley Land Council 2015 Annual Report The KLC was formed by Aboriginal people for Aboriginal people, and is one of the three peak Indigenous organisations in the Kimberley working with Traditional Owners to protect and strengthen land, law, language and culture
Native title assistance Certification The Kimberley Land Council will not During the 2014/2015 reporting In line with its statutory responsibilities, necessarily be able to resolve all period, the KLC provided native title the KLC certifies native title disputes. It is also a requirement of the assistance to 25 native title claims applications for the determination of Native Title Act for the KLC to make and 10 Registered Native Title Bodies native title and applications for the all reasonable efforts to minimise Corporate (RNTBCs) within the registration of Indigenous Land Use the number of overlapping native Kimberley region. Throughout the year, Agreements. title claim applications. The dispute the number of claims has fluctuated resolution function provides an to take into consideration the filing of Complaints and dispute resolution – important element to ensure the KLC is new claims and the determination or mediation responsible for streamlining native title processes and improving certainty for withdrawal of others. The process for achieving successful parties involved in native title matters. native title determinations affects all All the native title claims the KLC Traditional Owners and often raises There are two separate types of provides facilitation and assistance difficult questions for claimants that complaints: to are important, but with the limited can cause conflict and disputes. resources available, not all claims can • Complaints about a decision of the be progressed at the same time. Claim Disputes often arise, where the Native Grants Committee; and priority assessment determines the Title Act is in conflict with traditional • Complaints about other decisions direction of organisational activities. law and customs. As a result, the KLC is or actions of the KLC or its staff. called upon to assist in resolving these The prioritisation of claims is informed disputes. The KLC has a Grants Committee that by, but not limited to, resourcing assesses new applications for native considerations, Federal Court case The existence of disputes can have a title assistance. The Grants Committee management priorities and the significant detrimental impact on the is made up of members of the KLC availability of suitably qualified expert ability of Traditional Owners to exercise Board and is responsible for assessing consultants. their native title rights and interests, and deciding on each application. or to have those rights and interests The KLC also provided assistance to recognised. In the reporting period, the KLC a number of Registered Native Title received three applications for native Prescribed Bodies Corporate (PBCs) For example, the existence of a dispute title assistance. The KLC received in relation to establishment, meeting might have a negative impact on: no formal complaints relating to a assistance, expert advice, resources, • Priority for assistance from the decision made about an application for governance and compliance matters. Native Title Representative Body; assistance. • Registering a determination There is a high level of demand for Notification the KLC to provide assistance in the application (because of adverse The KLC ensures that native title post-determination environment as impacts on certification or holders and claimants are informed most Registered Native Title Prescribed authorisation processes); about any Future Act notices that are Bodies Corporate have limited • Responding to Future Acts; and, received and could potentially affect capacity and resourcing to carry out its • Obtaining a determination of native title rights and interests. functions. native title – whether by consent or litigation.
Our organisation 13 The prioritisation of native title claims is informed by, but not limited to, resourcing considerations, Federal Court case management priorities and the availability of suitably quali f ied expert consultants
MEMBERS OF KLC BOARD AND STAFF AT THE NEW KLC OFFICE BUILDING
The KLC works to provide advice to agreement-making with third parties (who were not on the original Grants native title holders and claimants in relation to native title. The KLC Committee). while informing them of relevant time has been extremely successful at limits in which to respond to any such negotiating positive agreements, such The Review Committee assesses notices. as Indigenous Land Use Agreements on the application and determines if behalf of Traditional Owners. the decision made by the Grants The KLC also has its own internal Committee was fair and proper. If notification process for informing Internal review the applicants are still not satisfied, native title holders and claimants of The KLC has a Grants Committee that they can request to have the decision any claim group meetings. The KLC assesses new applications for native reviewed under the Administrative endeavours to keep extensive and title claim assistance. The committee Decisions (Judicial Review) Act, 1977 up-to-date claim group member lists is comprised of KLC directors and (ADJR), and s203FB of the Native Title and contact details. Native title holders assesses each application before Act (1993). and claimants are notified of claim making a decision. If the Grants group meetings through posted and Committee rejects an application for hand-delivered letters, emails, phone assistance, the KLC gives clear, written calls, the posting of notices on public reasons for that decision and lets the boards throughout the Kimberley and applicants know about their right to advertising in local newspapers. have the decision reviewed.
Agreement-making The applicants can seek to have The KLC represents many native title the decision looked at again by claim groups and Registered Native the KLC’s Review Committee. The Title Body Corporates and facilitates Review Committee is made up of the non-commercial negotiations for KLC Chairperson and four directors
14 Kimberley Land Council 2015 Annual Report Our organisation Organisational structure
KLC 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 Anthony Watson was elected as the A number of directors also attended responsibilities new Chair and Bonnie Edwards was the international Indigenous Gathering elected as the first female Deputy Chair in the Gully event in the Blue Mountains Board of Directors of the KLC. The Chair and Deputy Chair and the World Parks Congress in The KLC Board of Directors provides are responsible for making sure the Sydney in November 2014 which set leadership and direction to the KLC functions effectively. They provide global targets for conservation and organisation and ensures it operates leadership to the KLC, the Board of land management. properly and fairly on behalf of all its Directors, the CEO and staff. They also members. At the end of the reporting act as the organisation’s spokespeople In June 2015, a contingent of KLC period, the Board of Directors was and the interface between the KLC and Directors attended the National Native comprised of 27 people representing the broader community. Title Conference in Port Douglas to the majority of native title claim groups represent the organisation and take across the Kimberley. The KLC Board of Directors meets a part in a number of sessions and minimum of four times a year to set the workshops addressing the current Four special advisers are included direction of the organisation, establish issues and trends in native title. as part of the board and work with priorities and direct the development directors, members and Traditional of the strategic and operational plans. Corporate governance Owners to provide expert cultural advice, offer support and guidance. Director training and development Corporate governance The KLC board received governance The KLC has an effective corporate Directors are elected to the board training provided by representatives governance structure that enables the every two years, with the latest election from the Department of Prime Minister organisation to deliver on its mandate occurring in September 2014 at the and Cabinet to inform them about and achieve native title outcomes for KLC Annual General Meeting held in the policy and funding changes to Native Kimberley Aboriginal people. Jarlmadangah Burru community. Title Representative Bodies.
Our organisation 15 The KLC has an effective corporate governance structure that enables the organisation to deliver on its mandate and achieve native title outcomes for Kimberley Aboriginal people
KLC BOARD OF DIRECTORS ATTENDANCE JULY 2014 TO JUNE 2015
Executive Director* - previous board members who weren’t reappointed at elections in September 2014 No. of meetings (out of 2) July 2014 / Sept 2014 Frank Davey 2 Joe Brown (Special Advisor) 2 Marty Stevens 1 Percy Bulgardie 1 Frankie McCarthy 2 Joe Davey (Special Advisor) 1 Wayne Bergmann 1 Mervyn Street 1 Lenny Hopiga 1 Serena Samuel 0 Shirley Purdie 0 Patsy Bedford 1 Lee Bevan* resigned from board on 16/07/14 0 Executive Director* - newly elected to the board on 24/09/2014 No. of meetings (out of 3) Minetta Farrer 0 Phillip McCarthy 3 Bobetta Albert 3 Ismahl Croft 2 Dwesmond Wiggan-Dann 3 Gabriel Nodea 1 Andrew Daylight 1 Catherine Goonack 1 Gordon Marshall 3 Elizabeth Lulu 2 Emily Carter 0 Rosie Nunju 3 Maria Hand (Special Advisor) 0 Peter Murray (Special Advisor) 0 Executive Director* - reappointed to the board on 24/09/2014 No. of meetings (out of 5) Tom Birch 5 Anthony Watson 5 Bonnie Edwards 5 Tom Lawford 3 Yvonne Birrell 3 Francis Djiagween 2 Merle Carter 3 Kathy O’Reeri 4 Pearl Gordon 4 Albert Cox 4 Irene Davey (Special Advisor) 5 John Watson (Special Advisor) 5
16 Kimberley Land Council 2015 Annual Report Holding on-country meetings and providing travel and accommodation arrangements for Traditional Owners, directors and staff is becoming increasingly challenging, particularly when working in extremely remote parts of the Kimberley
management of the KLC, including overseeing the operations of the Deputy CEO, corporate services, financial, legal, land and sea management and native title services units. The CEO is the interface between the Board of Directors and KLC staff.
The CEO also works to achieve the strategic aims of the organisation. The CEO is assisted by a management team which at June 30, 2015 included: • Tyrone Garstones – Deputy CEO • Sue Humphries – Chief Financial
CEO NOLAN HUNTER AND CHAIRMAN ANTHONY WATSON WITH KLC LAND AND SEA MANAGEMENT UNIT STAFF, PURNULULU Officer • Kevin Murphy – Principal Legal The KLC conducts regular corporate The KLC acknowledges the support Officer governance planning at both a of the Department of Prime Minister • Erika Blades – Native Title Services strategic and operational level to and Cabinet and other funding bodies Manager ensure our organisation is achieving which support the KLC on operational • Sarah Parriman – Corporate its mission, vision and values. Regular and activity-based programs. However, Services Manager reporting to the Board of Directors, KLC the KLC continues to struggle to • Tanah Tang Wei – Human Resources members, partners, funding bodies reduce ever-increasing costs amid a Manager and staff ensures key stakeholders are lack of resources. Holding on-country • Tom Holyoake – Acting Land and kept informed of our activities and our meetings and providing travel and Sea Management Unit Manager organisation remains on track to realise accommodation arrangements for its strategic goals. Traditional Owners, directors and staff • Ariadne Gorring – Strategic Business is becoming increasingly challenging, Development Officer Stringent financial and operational particularly when working in extremely procedures are maintained and applied remote parts of the Kimberley. to make sure the organisation is effectively managed. The KLC employs KLC management team a Chief Financial Officer, who is a The Kimberley Land Council executive Chartered Accountant and forms part of management team is responsible the KLC’s senior management team. for the management of staff and The senior management team meets organisational performance. regularly to review progress and ensure any upcoming or potential issues are As the Chief Executive Officer of dealt with to reduce any financial or the Kimberley Land Council, Nolan operational risk. Hunter is responsible for the day-to- day operational and administrative
Our organisation 17 Our organisation Strategic and operational plans
KLC STAFF AND JAWUN SECONDEES AT THE 2014 AGM, JARLMADANGA BURRU COMMUNITY
The KLC is guided by the 2011-2016 position in favour of mediation and Agreement 2014-2017. Salary scales Strategic Plan which sets out the negotiation rather than litigation. within the document relate to a organisation’s long-term goals and performance assessment scheme and strategies, in line with our vision and Planning and reporting staff performance is reviewed on an values. It also defines our overall annual basis. Nine employees from The Kimberley Land Council strategy for achieving native title within the executive management team Strategic Plan 2011-2016 guides the and other outcomes for Kimberley were paid more than $100,000 in the organisation’s long-term focus and Aboriginal people. reporting period. direction. The KLC’s yearly Operational Plan sets performance targets and The KLC Operational Plan 2014-2015 goals to ensure the KLC carries out Risk management sets out the schedule of claim and its mission statement and vision. The The KLC has maintained and applied PBC activity performance outputs KLC executive management team stringent financial and operational our organisation aims to achieve has monthly meetings to provide procedures to ensure that adequate within the reporting period. It is a tool regular updates on operations as information is available for the effective for managing native title and other well as strategic planning meetings management of the organisation. activities, in line with the KLC’s policies, in which to review performance and The KLC employs a Chief Financial procedures and funding requirements. track achievements. The KLC provides Officer, who is a Qualified Accountant, ongoing progress reports to the to manage the financial affairs, The KLC’s outputs were generally Department of Prime Minister and compliance and risk management of completed in accordance with the Cabinet. the organisation. performance targets set out in the Operational Plan. In the reporting Salary levels and awards The management team meets regularly period, the KLC achieved the to review progress and identify majority of its targets. Completion of Remuneration of all KLC staff members upcoming issues and regularly reports performance outputs is significantly is determined by the Kimberley back to the Board of Directors. assisted when all parties adopt a Land Council Enterprise Bargaining
18 Kimberley Land Council 2015 Annual Report The KLC is guided by the 2011-2016 Strategic Plan which sets out the organisation's long- term goals and strategies, in line with our vision and values. It also def ines our overall strategy for achieving native title and other outcomes for Kimberley Aboriginal people.
The KLC is pro-active in identifying Detailed information on how a The Native Title Materials Policy potential financial and operational complaint can be made and managed Committee issues to ensure appropriate action is publicly available and can be found The KLC holds a significant collection is taken to minimise or exclude those on the KLC website at www.klc.org.au. of material from many years of risks. undertaking native title claim work. Written complaints are referred to the While there is a policy and procedure Ethical standards Chief Executive Officer, or delegate for controlled material, which is for assessment. In cases where it is All Kimberley Land Council employees managed through the Research, Ethics appropriate to respond, the Chief are required to maintain high standards and Access Committee, this policy does Executive Officer refers the complaint to of honesty, integrity and respect while not address the issue of identifying and an appropriate person to manage the behaving in an appropriate and fair transferring native title materials back resolution process, allocate a priority manner. to the relevant native title holders. response time and to case manage responses required to deal with the Employees also conduct their work The KLC commissioned legal advice in complaint. in accordance with the ethical 2014 to identify the issues associated standards relevant to their particular with transferring native title material. Complaints professions and codes of conduct. Staff The KLC has taken steps to work performance guidelines are included in The KLC received one complaint in through the issues but an increase in the KLC’s policies and procedures and the reporting period. The complaint the number of requests from PBCs the KLC Code of Conduct. was resolved in accordance with our and native title holders for native title complaints process outlined as part of materials has highlighted the need for a External scrutiny the KLC’s policies and procedures. comprehensive policy and process that sets out the way material is managed An annual financial audit was and how it can be returned to either conducted by Moore Stephens WA Native title disputes individuals or Registered Native Title Pty Ltd (formerly UHY Haines Norton) It is the KLC’s policy to endeavour to Bodies Corporate (PBC). and can be found in the Financial resolve all disputes relating to native Statements section of this Annual title applications by consultation at A pilot project was established in 2013 Report. claimant meetings and during the to return materials to the Bardi Jawi course of claim preparation. people. In May 2015, the KLC board There were no judicial or administrative set up a committee to workshop and tribunal decisions in relation to the KLC The KLC facilitated mediations under develop policies and procedures for during the reporting period, other than its dispute resolution functions with returning native title materials. The legal decisions that affected native title three native title claim groups. board elected five directors to sit on the decisions generally. committee along with the KLC Chair, There were no formal disputes relating Deputy CEO, Principal Legal officer, Service charter standards to native title applications, Indigenous a Senior Legal officer and the Native Land Use Agreements or rights of The KLC has no service charter or Title Services Manager. A committee access reported in 2014-2015. customer service standards but uses workshop held on June 30 - July 1 a process of complaints management decided a staged approach would instead. need to occur so stakeholders could be consulted and the KLC could work
Our organisation 19 The new KLC off ice building has achieved a 4 Star Green Star - Off ice Design v3 certif ied rating from the Green Building Council of Australia, which means it has been designed to best practice environmental standards
THE NEW KLC OFFICE BUILDING with Registered Native Title Bodies rooms as well as a commercial kitchen, addition. These outstanding matters Corporate to develop management records management facilities and are expected to be completed by plans, policies and agreements. The equipment storage. September 2015. committee plans to have a finalised draft of the policy ready to present at The new office has achieved a 4 Star The project remains within budget. the December 2015 meeting of the KLC Green Star – Office Design v3 certified The building provides the Kimberley board for review and approval. rating from the Green Building Council Land Council members, Directors, of Australia, which means that the and staff with modern, purpose built KLC office facility building has been designed to ‘best facilities, enhancing the profile of the practice’ environmental standards. It organisation, improving efficiencies, Construction of the KLC’s new purpose is the first Green Star certified building and reflecting the history and ongoing built office facility in Broome started on in WA, outside of Perth, to achieve this operations of the KLC. July 22, 2013. rating. The KLC committed a significant Practical completion occurred June The environmental features of the amount of its own resources to the 22, 2015 and an occupancy certificate building include a solar panel system project. Funding for the project was issued on June 23. The KLC to reduce peak electrical demand by 30 was received from the Australian commenced relocation to the new per cent, water efficient designs, small Government’s Regional Development building on June 24 and was operating lighting zones, and the diversion of Australia Fund, the Indigenous Land from the building by June 30. construction waste away from landfill. Corporation, the State Government’s At the end of the reporting period, Royalties for Regions program, and The $15 million project provides office the facility was generally complete, Lotterywest. The Kimberley Land resources and warehouse space on two with some finishing work still to be Council gratefully acknowledges the levels at the KLC’s Gregory Street site. undertaken. The shake-down period is generous support provided by these The state of the art building includes bringing up some further matters that partners. conference facilities and meeting will require attention, modification, or
20 Kimberley Land Council 2015 Annual Report Our organisation Human Resources
KLC STAFF MEMBER MERVYN (MERV) MAHER
Workforce planning, staff fluctuates depending on the number of continues its partnership with the turnover and retention projects the organisation is managing Aurora Project and through this staff at any one time. have been involved with a number of Staffing levels continue to fluctuate training opportunities directly related annually depending on the status of Indemnity insurance to native title including courses such project activities. At June 30, 2015 a as Management Development and total of 108 people were employed at KLC staff are covered for professional Native Title Law. In addition to the the KLC. indemnity insurance to the value of $10 Aurora Programs, the KLC has provided million. other training opportunities such The KLC also facilitates the Kimberley as contracts management training, Ranger Network which employs about Learning and development Kimberley interpreting training, project 80 full-time rangers annually as well The KLC is committed to providing management, leadership and a variety as a number of administrative and learning and development of professional development courses regular casual rangers. In recent years opportunities to our employees. for individual staff members. The KLC a number of rangers have commenced Regular 4WD and First Aid courses are had a high number of representatives full-time employment with the KLC offered throughout the year while the attend the National Native Title as they complete qualifications in Kimberley Ranger Network supports Conference in Port Douglas. Conservation and Land Management rangers completing a variety of and progress into senior leadership certifications including Certificates in KLC enterprise bargaining roles. At June 30, 2015, the KLC directly Conservation and Land Management employed 13 senior full-time rangers. agreement and Business, literacy and numeracy Negotiations for the KLC Enterprise training, leadership and professional During the reporting period, there were Agreement 2014 – 2017 were finalised development. 26 recruitments with 50 per cent of new within the reporting period and the recruitments being Indigenous people. agreement was approved by Fair Work As part of attaining their practice Our staff turnover rate was 32 per cent Australia in November 2014. The new certificates the KLC Legal team are which is an increase on the turnover agreement is currently operating within required to attend compulsory rate of 19 per cent in 2012-2013. The the organisation. professional development. The KLC staff turnover rate at the KLC regularly
Our organisation 21 In the reporting period 28 NTRB consultants were contracted to undertake a range of services for the KLC including providing legal advice, expert anthropology services, cultural services and other services including corporate and f inancial
GLENELG RIVER, DAMBIMANGARI COUNTRY
Workplace health and safety Consultants, competitive NTRB ACTIVITY SUMMARY The KLC continues its commitment to tendering and contracting a safe working environment. During The KLC awarded 28 Native Title Complaints and disputes the 2014-2015 reporting period six Representative Body consultancy Complaints incidents that went to an insurance contracts in the reporting period. Received 3 claim were reported. These were for Consultants were contracted to Resolved 3 motor vehicle damage and personal undertake a range of services for the Pending 0 injury. We have since taken steps to KLC including providing legal advice, Disputes reduce the risk or reoccurrence of any expert anthropology services, cultural Native title application disputes 0 such incidents. services and other services including Disputes relating to ILUAs, rights of 0 corporate and financial. Consultant access and other matters STAFF NUMBERS JUNE 30, 2015* and service contracts expenditure for Requests for review of decisions not to the 2014-2015 reporting period totalled assist Full-time 95 $1,741,176. Requests Part-time 13 Received 0 Male 61 Completed 0 Female 47 Under 25 3 Indigenous 48 Total employees 108
*This figure does not include Kimberley Group Training rangers or casual staff
22 Kimberley Land Council 2015 Annual Report Performance Report Performance Report
TRADITIONAL OWNERS INCLUDING JOHN WATSON (CENTRE) AT THE 2014 NYIKINA MANGALA NATIVE TITLE DETERMINATION HELD AT LANGI LANGI ON THE FITZROY RIVER
Introduction Significant events and changes required to represent Traditional Owners and negotiate economic The KLC has been extremely successful Agreements KRED Enterprise opportunities for Kimberley Aboriginal in achieving positive native title In March 2011, the KLC established people. outcomes for Kimberley Aboriginal the Ambooriny Burru Foundation, people. At the end of the reporting a charitable venture to facilitate Under this arrangement the KLC, in period, about 70 per cent of the Kimberley Aboriginal people’s line with its function as a Native Title Kimberley was determined native title engagement in the expanding regional Representative Body, remains a party land, legally recognised by the Federal economy. to negotiations and a representative Court. of native title claimants. It is up to The KLC, in establishing the foundation individual claim groups to decide if There have been 23 successful fulfilled the long-term vision of they want to use the services of KRED native title determinations in the Kimberley Aboriginal people to or not. region to date and there are a get control of their future through total of 13 Registered Native Title increased opportunities and economic In the reporting period, the KLC worked Bodies Corporate (PBCs) that hold independence. with KRED to successfully certify an on trust the native title rights and agreement between the Nyikina interests recognised under these As part of the Ambooriny Burru Mangala and Karajarri Traditional determinations. Foundation, the KLC also established Owners and Buru Pty Ltd. KRED, which seeks out and develops The KLC continued to provide support business and job opportunities for Through the strong partnership services to PBCs through direct funding Kimberley Aboriginal people, on behalf between the KLC and KRED, native support which is provided to 10 PBCs of the foundation. title groups are able to receive a high and through certification functions and standard of representation and support Future Act support where requested. In the reporting period, the KLC when making the important decisions continued to contract out its function about what happens on their country. to negotiate commercial agreements with mining companies to KRED, as it has the expertise and resources
Performance Report 23 The reluctance of companies to enter into Heritage Protection Agreements with Traditional Owner groups is concerning, as is the increasing pressure on Traditional Owners to take matters to inquiry with the National Native Title Tribunal (NNTT)
• 13 right to negotiate procedures, where the KLC had successful determinations from the National Native Title Tribunal.
The remaining 53 matters are in the process stream but it is anticipated they will move quickly into the inquiry process as the National Native Title Tribunal has been proactive in managing these matters.
The KLC native title Future Act team has been under significant pressure to manage a high volume of work GREVILLEA WICKHAMII, NGURRARA COUNTRY required when there is a variation to an existing agreement, as this requires staff to consult with and obtain consent Mining Future Acts with Traditional Owners to respect Aboriginal heritage and community from affected native title holders. This The KLC continued to respond to a high values. is a relatively new process following on number of Future Act notices received from the Brown decision in early 2013, on behalf of Traditional Owner groups, Companies that negotiate Heritage where it was found the ‘act’ occurs as a result of companies wanting to Protection Agreements to undertake when the legal right is triggered, not at explore or mine resource-rich country exploration activities have the benefit the time of an activity flowing from that in the Kimberley. The reluctance of of certainty in knowing they are right. As a result, where the KLC would companies to enter into Heritage engaging with the right Traditional previously consult with Traditional Protection Agreements with Traditional Owners who have authority for that Owners when a company was about to Owner groups is concerning, as is the area and that subsequently the activity undertake on-ground activities, it must increasing pressure on Traditional undertaken is free from risk. now consult with Traditional Owners Owners to take matters to inquiry before tenements can be added to an with the National Native Title Tribunal As at June 30, 2015, the KLC had 101 agreement. This creates an additional (NNTT). active mining expedited procedure resource and costs burden on the KLC matters with the National Native Title and its staff which is not recoverable Despite the KLC achieving some strong Tribunal including: under the terms of the Heritage wins on matters that went before the Protection Agreement. National Native Title Tribunal, the trend • 15 companies engaging prior to in negotiations with most companies inquiry to try and reach a Heritage There has been a significant number appears to be adversarial. In the Protection Agreement with of miscellaneous licence applications reporting period, the KLC continued to Traditional Owners; for related mining matters such as emphasise to companies the long- • 20 procedures in the inquiry stream roads and bores. As this often gives term benefits of working in partnership with the National Native Title Traditional Owners the right to object, Tribunal; and the KLC is required to negotiate
24 Kimberley Land Council 2015 Annual Report Companies that negotiate Heritage Protection Agreements to undertake exploration activities have the benef it of certainty in knowing they are engaging with the right Traditional Owners who have authority for that area and that subsequently the activity undertaken is free from risk
with proponents for benefits where Despite the SAFA Agreement having Gaambera Aboriginal Corporation historically this may previously not come to an end, there has continued and the Wilinggin Aboriginal have been available. These matters are to be a constant stream of agency Corporation were negotiating also continuing to the extensive Future work from the Department of Housing, their own Kimberley Science and Acts workload. Horizon Power, Water Corporation and Conservation Indigenous Land Use the Department of Environment. Agreements with the State. Non-mining Future Acts State Activities (SAFA) Indigenous Land Use These negotiations, along with other third party negotiations are creating In October 2012, the KLC entered into Agreements serious staffing capacity issues within a funding agreement with the WA State At the end of the reporting period there the legal and native title units, as there Government to provide a process for was a number of State and third party is no dedicated team to undertake this government departments to work with Indigenous Land Use Agreements work. Other staff have been required to Traditional Owners in relation to state (ILUAs) under negotiation. take on this additional work on top of activities undertaken in Aboriginal their normal duties and priorities. communities and on native title land. ILUA negotiations with the WA State Government for the Kimberley Science In the reporting period, there was also a The agreement set out a specified and Conservation Strategy were at number of third party Indigenous Land heritage process for ensuring the various stages at June 30, 2015. In Use Agreements that at June 30, 2015 protection of significant sites and summary: traditional country. The funding were in various stages of negotiation. • The Karajarri Traditional Lands agreement established a dedicated For many of these agreements the KLC Association signed an Agreement KLC team to manage Traditional must negotiate the terms of a funding as part of the Kimberley Science Owner engagement and consultations protocol before any substantiative and Conservation Strategy on June regarding State Government Future negotiations can take place, which can 4, 2015. A management planning Acts, Indigenous Land Use Agreements be a time consuming exercise. workshop will be held on August 12, and Aboriginal heritage matters. 2015. These agreements are usually with The KLC’s state activities team • The KLC had negotiated a funding pastoralists who have applied for comprised 14 full or part time staff agreement for the Balanggarra general purpose or other leases which including a manager, project co- Aboriginal Corporation to continue give rise to the right to negotiate. ordinator, two legal officers, three negotiations with the State in anthropologists and other project and relation to the Kimberley Science There has also been an increase in support personnel. and Conservation Strategy. applications by Traditional Owners to • The KLC was in the process of undertake business activities on their In October 2014 the SAFA agreement negotiating a funding agreement country. The KLC has requested the came to an end. Since that time all for the Nyangumarta Karajarri WA Department of Lands to negotiate on-going work on State Government Aboriginal Corporation to further a standard Indigenous Land Use Future Acts has been managed by discuss a Kimberley Science and Agreement for lease applications but at remaining KLC future act staff as Conservation Strategy Indigenous the end of the reporting period this had additional work on top of the mining Land Use Agreement. not yet happened. work Future Acts work already • The Dambimangari Aboriginal undertaken by them. This has left a Corporation, the Wunambal large resource gap within the KLC.
Performance Report 25 Native title claim updates East Kimberley
JARU COUNTRY
Jaru Future Act developments on November 15, 1999. The claim covers an area of land north of Halls Native title claim progress There has been a high level of exploration applications within the Creek and south of Kununurra in the The KLC received instructions to lodge Jaru claim area, with some cases east Kimberley. the new Jaru claim in October 2011. progressing to the inquiry stage with Subsequently, the new Jaru claim was National Native Title Tribunal. The Research in support of the claim filed and registered with the National KLC has collected evidence detailing continued throughout the reporting Native Title Tribunal in March 2012. significant sites in these areas. period, with a two-day meeting being held at Burks Park in June 2015 to The claim covers an area north of the The KLC executed a Heritage Protection bring the genealogies for this claim Tanami Desert and south of Halls Creek Agreement within the reporting and neighbouring claims close to and is comprised of the former Lamboo period and is currently in the process finalisation. native title claim as well as previously of negotiating a number of Heritage unclaimed country in the east Protection Agreements with large The Koonjie Elvire claim is being Kimberley to the south of Halls Creek. mining companies. progressed concurrently with the adjoining Jaru claim and is under Research in support of the claim The KLC provided assistance to KRED close case management by the Federal continued throughout the reporting Enterprises to facilitate and execute Court. period, with a two-day meeting being agreements and conduct claim group held in Burks Park in June 2015 to meetings with large mining companies. Future Act developments bring the genealogies for the claim There were no applications for There has been a high level of and neighbouring claims close to petroleum or mining leases. exploration application activity finalisation. within the reporting period, with some applications currently within The Jaru claim is under close case Koonjie-Elvire the tribunal inquiry process. A small management by the Federal Court. Native title claim progress number of successful determinations The Koonjie-Elvire claim was registered from the inquiry process have with the National Native Title Tribunal progressed to the right to negotiate
26 Kimberley Land Council 2015 Annual Report There has been a high level of exploration applications within the Jaru claim area, with some cases progressing to the inquiry stage with National Native Title Tribunal
stream. There have been no mining The Marlarngowem claim is being Several meetings were held in June or petroleum applications within the progressed concurrently with the 2015 to bring the genealogies for this reporting period. Goorring, Ngarrawanji, Yurriyangem claim and neighbouring claims close to Taam and Kija claims and is under finalisation. Goorring (Lumugal) close case management by the Federal Court. Future Act developments Native title claim progress There was a low level of new The Goorring claim, originally called A two-day meeting was held in Warmun applications for exploration tenements Lumugal, was registered with the in June 2015 to bring the genealogies received during the reporting period. National Native Title Tribunal on for this claim and neighbouring claims The KLC currently has a matter February 17, 2006. The claim was close to finalisation. in the tribunal process awaiting lodged in response to a Future Act determination. There were no application and covers an 11 square Future Act developments applications for petroleum or mining kilometre area between the O’Donnell There has been a high level of leases. Range, the Ragged Range, the Evelyn exploration applications received Range and the Pitt Range. during the reporting period and Purnululu a small number of miscellaneous The mine located within the claim area Native title claim progress licence applications with the right to is close to being wound up, and the KLC negotiate. There were no applications The Purnululu claim was registered on met with the applicants in April 2015 for petroleum or mining leases. March 27, 1995 and was subsequently to discuss alternatives for resolving the amended and re-registered on matter. Ngarrawanji October 15, 1999. The claim covers the Purnululu National Park in the east Future Act developments Native title claim progress Kimberley. No new exploration, petroleum or The Ngarrawanji claim was registered mining applications were received with the National Native Title Tribunal Research in relation to the Purnululu during the reporting period. on June 25, 1996. The area covers the claim continued during the reporting Moola Bulla pastoral lease and some period and is to be completed during Marlarngowem small areas of reserves and unallocated the next financial year. crown land around Halls Creek. Native title claim progress In the reporting period, the KLC The Purnululu claim is under close case The Malarngowem claim was registered invested significant resources to management by the Federal Court. with the National Native Title Tribunal progress this claim through conducting on February 4, 2000. The claim covers anthropological research, claimant Future Act developments an area north east of Halls Creek and meetings and mediation. There has been a low level of new towards Warmun. applications for exploration tenements The Ngarrawanji claim is being in the reporting period but a number In the reporting period, the KLC progressed concurrently with the of matters have resulted in successful invested significant resources to Gooring, Marlarngowem, Koonjie- executed agreements. No objections progress this claim through conducting Elvire, Purnululu and Yurriyangem to the application of the expedited anthropological research, claimant Taam claims that make up the Kija procedure had progressed to inquiry meetings and mediation. cultural bloc, and is under close case during the reporting period. management by the Federal Court.
Native title claim updates 27 In the reporting period, the KLC invested significant resources to progress the Yurriyangem Taam claim through conducting anthropological research, claimant meetings and mediation
MALARNGOWEM AND YURRIYANGEM TAAM AUTHORISATION MEETING, WARMUN
There were no applications for The Yurriyangem Taam claim is under petroleum or mining leases. close case management by the Federal Court. Yurriyangem Taam Future Act developments Native title claim progress There has been a medium level of The Yurriyangem Taam claim was new applications received within registered with the National Native the reporting period. Some of these Title Tribunal on October 29, 2010. applications were withdrawn by The claim is comprised of core Kija companies while others are before country, located north-east of Fitzroy the National Native Title Tribunal Crossing towards Kununurra in the east awaiting determination. There were no Kimberley. applications for petroleum or mining leases. In the reporting period, the KLC invested significant resources to progress this claim through conducting anthropological research, claimant meetings and mediation.
The Yurriyangem Taam claim is being progressed concurrently with the Goorring, Marlarngowem, Ngarrawanji and Kija claims.
28 Kimberley Land Council 2015 Annual Report Native title claim updates North Kimberley
BALANGGARRA COUNTRY
Balanggarra Combined, The KLC assisted the Balanggarra Mineral and petroleum Future Act Balanggarra #3 and Balanggarra people to set up the Balanggarra developments #4 Aboriginal Corporation to be its There has been little exploration corporate entity and Registered Native Native title claim progress activity on Balanggarra country in the Title Prescribed Bodies Corporate. The last financial year. Two exploration The Balanggarra native title area is Balanggarra Aboriginal Corporation licences were considered by the covered by three claims; Balanggarra holds on trust the native title rights and National Native Title Tribunal, and Combined, Balanggarra #3 and interests of Balanggarra Traditional on the basis of the evidence provided Balanggarra #4. Owners. by Balanggarra Traditional Owners, were considered to attract the right The Balanggarra Combined and There are two outstanding native title to negotiate. As a result, one new Balanggarra #3 claims were progressed matters for the Balanggarra claim. Heritage Protection Agreement has concurrently and determined by the The first involves an issue surrounding been negotiated and is expected to be Federal Court on August 7, 2013. potentially invalid Future Acts across six settled within the coming months. blocks of freehold land in Wyndham. The claim area covers more than Wanjina Wunggurr claims: 30,343 square kilometres of country The KLC has provided assistance Wilinggin, Uunguu and in the north Kimberley including the to the Balanggarra Aboriginal Dambimangari Wyndham township, Kalumburu, Corporation in its negotiations Oombulgurri and Forest River with the State for compensation in The Wanjina Wunggurr Registered Aboriginal reserves, Carson River regards to these blocks. The KLC Native Title Bodies Corporate manages pastoral lease, parts of the Drysdale has also provided cultural mapping the native title interests of the three River National Park and unallocated assistance to Balanggarra to assist in Wanjina Wunggurr claims. The Wanjina crown land at Cape Londonderry, the development of a decision-making Wunggurr Wilinggin native title claim Carson River and the Cambridge Gulf process for dealing with on-country was determined on December 8, 2003. Coast. Balanggarra Traditional Owners matters. The claim covers more than 60,150 waited more than 18 years for their square kilometres of country across the native title interests to be recognised. Gibb River Road.
Native title claim updates 29 The KLC facilitates the governance structures between the Wanjina Wunggurr Registered Native Title Bodies Corporate and the three individual administrative corporations, which represent the three determination areas, to ensure positive working relationships between the parties
ARTESIAN RANGE, WANJINA-WUNGGURR COUNTRY
The Wanjina Wunggurr Uunguu Part areas, to ensure positive working Wanjina Wunggurr Wilinggin A claim was determined by consent relationships between the parties. A medium level of mineral exploration on May 23, 2011 while the Wanjina licences were received during the Wunggurr Uunguu B claim was Wanjina Wunggurr Uunguu Future reporting period but no mineral or determined in November 2012. The Act developments mining lease applications. No objection Wanjina Wunggurr Dambimangari A medium level of mineral exploration to the application of the expedited native title claim was determined on licences were received during the procedure had progressed to inquiry May 26, 2011. reporting period but no applications during the reporting period. for petroleum or mining leases. No The KLC assists the Wanjina Wunggurr objection to the application of the Registered Native Title Bodies expedited procedure had progressed to Corporate in its general compliance inquiry during the reporting period. with the Corporations (Aboriginal and Torres Strait Islander) Act 1996 and Wanjina Wunggurr in responding to Future Acts. It has Dambimangari provided assistance on request to the related corporations in relation Future Act developments to establishing good governance No applications for petroleum or practices. mining leases and very few mineral exploration licences were received It also facilitates the governance during the reporting period. One structures between the Wanjina objection to the application of the Wunggurr Registered Native Title Bodies expedited procedure progressed to Corporate and the three individual inquiry during the reporting period and administrative corporations, which is awaiting determination. represent the three determination
30 Kimberley Land Council 2015 Annual Report Native title claim updates Dampier Peninsula
ONE ARM POINT (ARDYALOON), BARDI JAWI COUNTRY
All claims including exclusive possession across about 10 directors meetings including most of the mainland area. the Annual General Meeting and to Native title claim progress provide administrative support. The Dampier Peninsula is located along The Federal Court also found that the northwest coast of the Kimberley native title did not exist across sea The KLC also worked with the Bardi and is currently home to seven native country, reefs, and a number of the Jawi Registered Native Title Bodies title claims and two native title islands including Sunday Island and Corporate on internal governance determinations. Jackson’s Island. measures to develop a process for decision-making about land The KLC has been working with native The KLC appealed the decision in 2006 arrangements. title claimants across the Middle and on March 18, 2010, the Federal Dampier Peninsula. Five claims in the Court reversed its initial decision and Future Act developments region have been programmed to a trial recognised the native title rights of the During the reporting period, there was which will commence within the next Bardi and Jawi people across their sea a low level of Future Act activity. reporting period in September 2015. country on the Dampier Peninsula. The Bardi Jawi native title claim was Djabera Djabera In this reporting period, KLC staff and determined through litigation over 15 consultants have prepared pleadings years. The claim covers 1,037 square Native title claim progress explaining and describing the laws and kilometres of land and sea country on The Djabera Djabera claim was customs of the claim group, and have the Dampier Peninsula. registered with the National Native invested significant time in working Title Tribunal on October 8, 1996. The with witnesses to record their stories The Bardi and Jawi Niimidiman claim covers an area to the south and and beliefs for presentation to the court. Aboriginal Corporation Registered west of Beagle Bay. The KLC, as the Native Title Bodies Corporate manage representative body for the Kimberley, Bardi Jawi the native title rights and interests on became a respondent to the claim The Federal Court recognised native behalf of the Bardi and Jawi people. in 2013 as it considers the claim to title across a large area of the Bardi During the reporting period the KLC be fundamentally flawed due to the and Jawi claim on November 30, 2005 worked to assist Bardi Jawi to hold composition of the claim group.
Native title claim updates 31 Native title claimants on the Middle Dampier Peninsula share the same system of laws and customs and decided it would be better to resolve native title as the one society rather than as individual tribal groups
The Djabera Djabera claim is Warrwa Mawadjala Gadjidgar to the claim, the State will be asked to overlapped by the Bindunbur native (Point Torment) assess whether it is prepared to agree title claim, which was authorised in to a consent determination for the Native title claim progress 2013. In June 2015, the KLC brought an Mayala claim. application for the claim to be struck The Warrwa Mawadjala Gadjidgar out and anticipates that, if successful, claim was registered with the National Future Act developments Native Title Tribunal on June 23, 2011. the claim will be removed early in the A low level of mineral exploration The claim covers an area across Point next reporting period. licences and no applications for Torment in the west Kimberley. petroleum or mining were received Future Act developments during the reporting period. No This claim was lodged in response to The KLC does not have carriage of objection to the application of the Future Act pressures at the time. The Future Act activity for the Djabera expedited procedure had progressed to claim is the subject of a request for a Djabera claim group. inquiry during the reporting period. meeting to consider combining it with the adjoining Warrwa #2 application. Jabirr Jabirr and Goolarabooloo Bindunbur That meeting was scheduled to take Native title claim progress place in late July 2015. Native Title claim progress The Goolarabooloo Jabirr Jabirr The Bindunbur native title claim native title claim was discontinued on Future Act developments provides a new approach to having September 20, 2013. A claim on behalf There was a low level of Future Act native title recognised on the Middle of the Jabirr Jabirr people was filed activity during the reporting period. Dampier Peninsula. Native title on September 23, 2013 and a separate No objection to the application of the claimants on the Middle Dampier claim on behalf of the Goolarabooloo expedited procedure had progressed to Peninsula strategically consolidated people was filed on October 4, 2013. inquiry during the reporting period. claims across their country as a way to Both claims have passed the speed-up and resolve native title. registration test and are not Mayala represented by KLC. Native title claimants on the Middle Native title claim progress Dampier Peninsula share the same On July 4, 2014, Justice Barker made The Mayala claim was registered with system of laws and customs and orders setting down both claims for the National Native Title Tribunal on decided it would be better to resolve trial in September 2015, along with the July 1, 1998. The claim covers the island native title as the one society rather Bindunbur and Djabera Djabera native and sea area between the Bardi and than as individual tribal groups. title claims. Jawi determined area and the Wanjina Wunggurr Dambimangari determined Through this joint approach they Future Act developments area, in and around the Buccaneer believe they can move forward with Archipelago. During the reporting period, there was native title after previous long delays no Future Act activity. No objections to the process. When combined, the In the reporting period, resources were to the application of the expedited Bindunbur claims cover more than committed to anthropological research procedure had progressed to inquiry 7609 square kilometres of land and sea with the Mayala claimants. When during the reporting period. country. that research is completed, (currently anticipated to be in mid-late 2016) and In July and October 2013, Jabirr Jabirr, any necessary amendments are made Nyul Nyul and Nimanburru people
32 Kimberley Land Council 2015 Annual Report In the reporting period, the KLC invested signif icant resources to progress the Bindunbur claim to get it ready for trial, which begins in September 2015
BEAGLE BAY SPRINGS, BINDUNBUR COUNTRY came together to authorise the filing of get it ready for trial, which begins in That meeting was scheduled to take the Bindunbur native title claims. September 2015. place in late July 2015. The applicant continues to be privately represented, The Nyul Nyul people also made the The KLC has conducted significant without KLC assistance. difficult decision to discontinue their research and interviews with senior claims to allow the Bindunbur claims to Traditional Owners to gather the Future Act developments go ahead. One Bindunbur claim, over evidence needed to demonstrate There were low levels of Future Act the north, north east and central areas native title. applications received within the of the Middle Dampier Peninsula was reporting period. No objection to the registered with the National Native Title Future Acts developments application of the expedited procedure Tribunal on December 13, 2013. There was a low level of Future Act had progressed to inquiry during the activity during the reporting period. reporting period. The Bindunbur (Area B) claim, over No objection to the application of the Carnot Bay, Sandy Point and the expedited procedure had progressed to Karajarri Lacepede Islands, was filed on April inquiry during the reporting period. 24, 2014 but is not able to pass the Native title claim progress registration test as it overlaps with the The Federal Court recognised the Warrwa Djabera Djabera claim. The KLC has native title rights of the Karajarri people become a respondent to the Djabera Native title claim progress in two consent determinations in 2002 Djabera claim and in the reporting The whole-of-country Warrwa #2 and 2004. period made a second application to claim was lodged by external lawyers have it struck out. (without KLC assistance) in September The KLC, in its role as a Native Title 2012. The claim is the subject of a Representative Body, continues to work In the reporting period, the KLC request for a meeting to consider with the Karajarri people and provides invested significant resources to combining it with the adjoining Warrwa ongoing support and assistance to the progress the Bindunbur claim to Mawadjala Gadjidgar claim. Karajarri Traditional Lands Association
Native title claim updates 33 The KLCand the Yamatji Marlpa Aboriginal Corporation acted on behalf of the Karajarri and Nyangumarta claimants to negotiate native title across 2000 square kilometres of land and sea country including Anna Plains Station, a portion of Mandora Station and 80 Mile Beach
ROCKS AT GOURDON BAY, KARAJARRI COUNTRY
(KTLA) Registered Native Title Bodies The determination area is comprised of In the reporting period, the KLC also Corporate. This assistance includes the shared country of the Nyangumarta worked with the Nyangumarta and helping convene director meetings and and Karajarri people, two different Karajarri people to hold an on-country the Annual General Meeting. tribal groups who share traditional laws planning workshop about the best and cultural connection to the area. ways to prioritise work across shared The KLC also represented the Karajarri areas. Traditional Lands Association in The Kimberley Land Council and the negotiations for an Indigenous Yamatji Marlpa Aboriginal Corporation Future Act developments Land Use Agreement with the State acted on behalf of the Karajarri and There was a low level of Future Act Government as part of the Kimberley Nyangumarta claimants to negotiate applications received by the KLC within Science and Conservation Strategy. native title across 2000 square the reporting period. kilometres of land and sea country Future Act developments including Anna Plains Station, a portion There was a low level of exploration of Mandora Station and 80 Mile Beach. applications received during the reporting period. No objection to the The KLC, in its role as a Native Title application of the expedited procedure Representative Body, continues to work had progressed to inquiry. with the Nyangumarta and Karajarri people to provide ongoing support Yawinya and assistance to the Nyangumarta Karajarri Aboriginal Corporation as Native title claim progress the Registered Native Title Bodies The Federal Court handed down the Corporate for the shared area. This Yawinya native title determination assistance includes helping convene across shared country near 80 Mile director meetings and the Annual Beach on May 25, 2012. General Meeting.
34 Kimberley Land Council 2015 Annual Report Native title claim updates Desert region
NGURRARA COUNTRY
Ngurrara, Ngurrara B and agreement which is expected to be Valley to Noonkanbah and south into Yi-Martuwarra Ngurrara resolved in October 2015. the Great Sandy Desert. Native title claim progress In the reporting period the KLC Exclusive possession native title rights There are currently two native title worked with the Yanunijarra Aboriginal were recognised across more than 40 determinations and one native title Corporation to provide extensive per cent of the claim area, including claim across Ngurrara country, which assistance to the Registered Native Title three Aboriginal pastoral stations, a extends south into the Great Sandy Bodies Corporate to organise director large tract of unallocated crown land Desert and north into the river country meetings and the Annual General in the Great Sandy Desert and smaller south of Fitzroy Crossing. Meeting. pockets within the claim. A second overlapping claim has been made over The first native title claim, Ngurrara, Future Act developments a small area known as Udialla in order was successfully determined on to secure exclusive possession native November 9, 2007. The second native There has been a low level of title rights. It is anticipated this claim title claim, Ngurrara B, was successfully exploration applications received will be determined by consent in the determined in November 2012. within the reporting period as most were withdrawn by companies. There next reporting period. are no active negotiations in progress The third native title claim, Yi- for this claim. The KLC continued to assert its right Martuwarra Ngurrara, was registered for costs to be paid by third party with the National Native Title Tribunal Nyikina Mangala respondent Oil Basins Limited in on February 29, 2012. To date there relation to a failed legal bid to stop has been minimal progress with this Native title claim progress the Nyikina Mangala native title claim due to a number of factors The majority of Nyikina Mangala native determination. His Honour Barker both internal and external. However, title claim was determined on May 29, J made an order that Oil Basins negotiations are currently underway 2014 across more than 26,000 square Limited pay those costs to the KLC between applicants and the lease kilometres. The determined area on an indemnity basis. Oil Basins holder of Christmas Creek Station extends from the mouth of the King Ltd appealed the decision to the Full to reach consent for a co-existence Sound below Derby, along the Fitzroy Court of the Federal Court but the
Native title claim updates 35 The majority of Nyikina Mangala native title claim was determined on May 29, 2014 across more than 26,000 square kilometres, extending from the mouth of the King Sound below Derby, along the Fitzroy Valley to Noonkanbah and south into the Great Sandy Desert
SUNSET ON NYIKINA MANGALA COUNTRY
Nyikina Mangala application was again Tjurabalan No objection to the application of the successful. The appeal court ordered expedited procedure had progressed to Native title claim progress Oil Basins Limited to pay the costs inquiry during the reporting period. of the appeal, in addition to the first The Tjurabalan native title claim was round of costs which has been formally determined on August 20, 2001. The calculated at $160,000. claim is in the Tanami Desert region, in the far south-east of the Kimberley and In the reporting period, the KLC includes the Aboriginal communities worked with the Walalakoo Aboriginal of Ringer Soak, Bililuna, Mulan and Corporation Registered Native several outstations. It was the first Title Bodies Corporate to provide consent determination to be reached in administrative and meeting support the Kimberley. and assisted with funding for an office in Derby. The KLC also provided During the reporting period, the KLC authorisation assistance for the Buru provided the Tjurabalan Registered Agreement. Native Title Bodies Corporate with administrative support, meeting Future Act developments assistance, legal advice and assisted to conduct heritage surveys. There has been a medium level of Future Act applications received during Future Act developments the reporting period. There was also a medium-level of on-ground exploration During the reporting period, there was across Nyikina Mangala country. a high level of Future Act applications received. The KLC managed these applications and negotiated Heritage Protection Agreements.
36 Kimberley Land Council 2015 Annual Report Native title claim updates Central Kimberley
BUNUBA COUNTRY
Bunuba and Bunuba #2 Due to changes in tenure, it is likely that Gooniyandi Combined and exclusive possession native title will be Native title claim progress Yarrangi Riwi Yoowarni able to be obtained across these areas Gooniyandi There are three native title claims as set out under section 47B of the Native title claim progress across Bunuba country in the central Native Title Act. Kimberley area near Fitzroy Crossing. The Gooniyandi Combined claim was Negotiations are ongoing with the State determined by consent at an on- The Bunuba Combined claim was Government and all other respondent country hearing of the Federal Court on registered with the National Native parties in relation to settlement of the June 19, 2013. Title Tribunal on August 20, 1999 and Bunuba Part B, Bunuba #2 and Bunuba Part A of this claim was determined by #3 claim. The Gooniyandi native title area covers consent at an on-country sitting of the 11,200 square kilometres of land and Federal Court on December 12, 2012. The Court has ordered that all things water and includes the Indigenous- Part B of this claim is expected to be be done for determination of these owned pastoral stations of Bohemia determined at the same time as the claims by December 14, 2015. This puts Downs, Mt Pierre and Louisa Downs other Bunuba claims. a tight timeframe on these claims and and portions of the non-Indigenous the KLC is working with the Applicant to Christmas Creek, Gogo, Fossil Downs, The Bunuba #2 claim was registered have all outstanding matters resolved Larrawa and Margaret River pastoral with the National Native Title Tribunal so that an authorisation meeting for stations. About 50 per cent of the native on May 10, 2012 and covers, amongst the consent determinations from the title claim is exclusive possession – the other places, the Fitzroy Crossing Bunuba claim group can be held in late highest possible form of native title township. October. rights and interests.
The Bunuba #3 claim relates to a small Future Act developments The Gooniyandi Aboriginal Corporation pocket of country excised from the Registered Native Title Bodies The KLC does not have carriage of Bunuba Combined claim prior to the Corporate administers the native title Future Act activity for Bunuba. determination of Part A of the claim. rights and interests on behalf of the Gooniyandi people.
Native title claim updates 37 The Gooniyandi native title claim area covers 11,200 square kilometres of land and water, about 50 per cent of which is exclusive possession _ the highest possible form of native title rights and interests
DANCERS AT THE GOONIYANDI NATIVE TITLE DETERMINATION HELD AT JOY SPRINGS COMMUNITY, EAST OF FITZROY CROSSING, JUNE 2013
The Yarrangi Riwi Yoowarni Gooniyandi the State Government in relation to After considering further connection claim was registered with the National the settlement of the remainder of the evidence provided by the KLC in Native Title Tribunal on February 15, Yarrangi Riwi Yoowarni Gooniyandi June and October 2013, the State 2013. A claim group meeting in July claim. Government indicated in-principle 2014 authorised a reduction in the support for a consent determination claim area, to allow for a claim by a Future Act developments in early 2014, subject to the applicant differently-constituted claim group In the reporting period, the KLC reaching a co-existence agreement including Kija interests to be lodged received a high level of exploration with the holder of the Christmas Creek in its place. However, the applicant's applications, some of which are pastoral lease. Negotiations towards authority to reduce the Yarrangi Riwi currently with the tribunal awaiting this agreement are being overseen by a Yoowarni Gooniyandi claim was determination. The KLC has been Federal Court Registrar and mediation made contingent on a registrable successful in negotiations, resulting in continued throughout the reporting replacement claim being ready to file. the execution of Heritage Protection period. A consent determination is A consultation meeting involving Agreements. being provisionally scheduled for late relevant Gooniyandi and Kija elders 2015. was held in November 2014, and that Kurungal meeting produced a recommended Future Act developments Native title claim progress claim group description for the new There was a low level of Future Act claim. The Kurungal native title claim was applications and exploration activity on registered with the National Native Kurungal country within the reporting Initial connection work in support Title Tribunal on December 1, 1997. The period, for which the KLC negotiated of registration of the new proposed claim covers a portion of the Christmas Heritage Protection Agreements for. claim was due to commence in the Creek pastoral lease that is north of second half of the new financial year. Christmas Creek and south of the The KLC is in active negotiations with Northern Highway.
38 Kimberley Land Council 2015 Annual Report Looking after country Land and Sea Management
KIJA RANGER ALEC ECHO WITH A LEGLESS LIZARD
Introduction Each team of rangers is governed by a The Land and Sea Management Unit Healthy Country Advisory Committee, works in close partnership with native Looking after country is an integral comprised solely of senior community title groups and Registered Native part of the KLC’s vision. The Land and leaders. This group directs the rangers Title Bodies Corporate (PBCs) with a Sea Management Unit works with on cultural matters and supports whole of organisation focus on building Traditional Owners to achieve the them in the management of staff and capacity for PBCs to manage and cultural, social and environmental budgeting. deliver project activities and strengthen outcomes they want to see happen on their native title rights. the ground. The unit strives to build The Land and Sea Management strong foundations for the long-term Unit fosters and enhances cultural sustainability of programs to create a Long-term planning connection to country and uses a lasting legacy for the next generation. The Land and Sea Management combination of traditional ecological Unit will continue to work with knowledge with modern science The Land and Sea Management Unit Traditional Owners to create Healthy to achieve best practice methods (LSMU) was established in 1998 and its Country Plans. These documents are and environmental outcomes. It projects are far reaching, covering all developed over months of community also focuses on delivering direct aspects of cultural and environmental consultation and analysis of the employment and training opportunities management including the cultural and natural environment so for Kimberley Aboriginal people while implementation of traditional burning that groups can identify priorities enabling Traditional Owners to remain practices, wildlife and biodiversity and targets. Once the process is living on country in remote areas. monitoring and the passing on of complete Traditional Owner groups traditional knowledge and cultural will have developed a long-term The Land and Sea Management Unit practises from old people to young vison for country that land and sea continued to grow in the reporting people. staff can work to achieve, either by period with its projects now comprising strengthening the identified targets more than half of the operational work Kimberley Traditional Owners are or managing the target threats. The at the KLC. Staff members are based at the forefront of all activities and Land and Sea Management Unit also across many locations in the Kimberley. provide instructions to the KLC on the works to ensure each ranger group direction in which to progress projects. conducts activities that are in line
Looking after country 39 The Land and Sea Management Unit works with Traditional Owners to achieve their desired cultural, social and environmental outcomes and strives to build strong foundations for the long- term sustainability of programs to create a lasting legacy for the next generation
KLC STAFF AND RANGERS AT THE 2014 HEALTHY COUNTRY FORUM, BIRIDU COMMUNITY with the direction and vision of their Native Title Bodies Corporate directors, two meetings in February and March relevant Registered Native Title Bodies KLC directors, rangers and staff to start discussions. The framework Corporate. descended on Biridu community for will enable information gathered from the three-day event which included the across the region to be compared In the Kimberley network, nine of the workshops on managing country between ranger groups, therefore 12 native title groups the KLC works and protecting native title rights and increasing the validity of the data by with have Healthy Country Plans. interests. ensuring best practice methodologies These long-term management plans are used. are invaluable in communicating The World Parks Congress placed the priorities to external partners and work of the KLC and its activities on the Ranger work planning sessions were directing the annual work planning global stage with 27 representatives held in April and May to set clear sessions of ranger groups. The Land from the Kimberley attending. KLC staff, targets and priorities to ensure the and Sea Management Unit will rangers and directors also presented land and Sea Management unit continue to work to find the resources in five presentations outlining our high continue to achieve strong outcomes needed to assist the remaining three environmental standards and best and continued success. The sessions groups develop Healthy Country Plans. practice methods and achievements. bring together members of the Healthy Country Advisory Committees, PBC Highlights The World Parks Congress was held in directors, KLC program staff and The inaugural Kimberley Healthy Sydney and was integral in inspiring rangers who work together to formulate Country Forum was a highlight of the staff as they learned new methods, a strategic work plan for the year reporting period. Representatives from came up with new ideas and forged ahead. Governance is a strong focus across the Kimberley region came strong international connections. of work plans, with Traditional Owners together to network and share stories and cultural advisers directing the flow and experiences about managing The KLC Land and Sea Unit worked to of work. country. Cultural advisors, Registered develop a new regional monitoring and evaluation framework and hosted
40 Kimberley Land Council 2015 Annual Report The Cultural Enterprise Hub model, whilst empowering Aboriginal people to manage their country, is also creating revitalised communities, Indigenous leadership and empowerment and is driving social change and remote community development
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 NGURRARA RANGERS USE THE I-TRACKER TO MONITOR WEATHER PATTERNS and Cabinet, the Department of Environment, The Nature Conservancy, An oversupply of cultural and natural Kimberley Ranger Network an effective PEW Environment Group, the Australian resource management programs has vehicle in which to generate interest Conservation Foundation, WWF limited growth opportunities for the and participation in real economy Australia, the National Environmental Kimberley Ranger Network. Conversely, roles, particularly amongst disengaged Research Program, Shell Social demand for ranger positions in youth. Investment Fund, The Christensen Kimberley communities remains high Fund, Indigenous Business Australia, with more than 10 people recently This model, while empowering Jawun, Indigenous Community applying for one ranger position in a Aboriginal people to manage their Volunteers, WA Department of Parks remote community. These indicators country is also proving to be a and Wildlife and the WA Department of identify the need to diversify the solution to reduce entrenched socio- Fire and Emergency Services. income stream to support growth economic disadvantage, welfare and strengthen the Kimberley Ranger dependence, political marginalisation Cultural Enterprise Hub Network business model. and poverty. It is creating revitalised The Kimberley Ranger Network is communities, Indigenous leadership facilitated by the KLC with resourcing To meet this need the KLC is and empowerment and is driving and program support provided by establishing a Cultural Enterprise social change and remote community the Australian Government and other Hub. Future opportunities available development. strategic partners. The business through the Cultural Enterprise Hub model for the Network is vulnerable are indicated by the success of the Based on these factors the KLC is as it is heavily reliant on Australian Kimberley Ranger Network. drawing on its extensive knowledge Government investment and continued and expertise in delivering cultural uncertainty in relation to funding Not only does the Network deliver and natural resource management priorities and cycles, limits the scope of employment benefits to remote projects for over 15 years to facilitate work and prevents long-term planning. Kimberley communities but rangers the development of cultural enterprises are respected role models and leaders in the Kimberley region. within their groups. This makes the
Looking after country 41 The vision of the Cultural Enterprises Hub is to facilitate opportunities that enable Kimberley Aboriginal people to live and work on country, in enterprises that build capacity, create employment and are founded on traditional knowledge, culture and connection to country
KARAJARRI RANGERS SET-UP PITFALL LINES IN THE GREAT SANDY DESERT FOR BIODIVERSITY SURVEYS WITH ENVIRONS KIMBERLEY
The vision is to facilitate opportunities The public good provided by cultural The KLC has initiated a parallel that enable Kimberley Aboriginal conservation enterprises has been approach to grow and develop ranger people to live and work on country, promoted to leverage a combination business ideas while establishing the in enterprises that build capacity, of public and private sector funding Hub model. This ensures the dynamic create employment and are founded to deliver outcomes. Based on model responds to local needs. As part on traditional knowledge, culture and feedback from prospective partners, of this process the KLC is focused on connection to country. the KLC has engaged Social Ventures building the business and financial Australia Consulting to assist with understanding of rangers to ensure Cultural and conservation enterprises the development of a business they have the abilities to deliver leverage a combination of public plan. A focus of the business plan professional services and high-quality and private sector funding to deliver will be on establishing a financing business management. environmental outcomes in a culturally model that partners private sector appropriate way. Examples of cultural and philanthropic investment with Cultural and environmental conservation enterprises may include government funding to ensure long- services environmental management services, term support for the establishment of In the past five years, the KLC’s Land carbon abatement, biodiversity offsets, cultural conservation enterprises. and Sea Management Unit, has environmental surveys, monitoring focused on working with Traditional and data collection and cultural To ensure the model and concept is Owner groups to develop and build environmental immersion experiences. driven by the community, there has ranger teams and declare Indigenous been significant consultation about Protected Areas across their country. During the reporting period, the KLC developing business and social invested significant resources in enterprises with rangers, cultural With a network of eight Indigenous developing a concept model for the advisors and PBC directors. Many Protected Areas declared across Enterprise Hub and engaged with a ideas have been generated from these the Kimberley and 13 ranger groups number of corporate, philanthropic workshops and evaluated against operating to a high standard, the focus and government partners. cultural and environmental criteria.
42 Kimberley Land Council 2015 Annual Report By keeping Kimberley Ranger Network groups up to date with cutting-edge technology for reporting, an important step has been made to raise the capacity of rangers to provide services in the field of monitoring and evaluation and wider environmental and cultural services
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. GOONIYANDI RANGERS WITH AN OLIVE PYTHON (LIASIS OLIVACEUS)
CyberTracker project In this reporting period the project Cultural and Environmental Services CyberTracker technology has become focus has been on training, so as to Unit employed a biodiversity officer pivotal to ranger work and is frequently increase the capacity of Kimberley in October 2013 to evaluate national used to record information about Ranger Network groups in using rugged biodiversity standards and trends country while working in the field. tablets to record data while out in and provide best-practice advice to the field. In addition, CyberTracker- Kimberley rangers. The position is co- Data collected from the handheld recording sequences especially funded by the Federal Government’s computer is downloaded and managed designed for Kimberley ranger groups, Caring-for-our-Country target area by rangers, who use it to inform land have been developed to capture grants program and the World Wildlife management decisions and provide relevant information from their healthy Fund (WWF). reports on activities. country work. The biodiversity officer works with all The CyberTracker has enabled By keeping Kimberley Ranger Network Kimberley ranger groups to undertake the Kimberley Ranger Network to groups up to date with cutting- biodiversity surveys and monitor undertake monitoring and evaluation edge technology for reporting, an culturally and environmentally activities on a regional level, important step has been made to significant species. highlighting the strength of strategic raise the capacity of rangers to provide Indigenous land management across services in the field of monitoring and During the reporting period, ranger the region. evaluation and wider environmental groups worked to collect baseline and cultural services. biodiversity data to inform their The CyberTracker project is in its Healthy Country Plans and strategic second year of a three-year funding Biodiversity project plans to look after threatened animal species across the Kimberley. contract which is due to expire in June After years of engaging external 2016. consultants to conduct biodiversity work in the Kimberley, the KLC’s
Looking after country 43 Right way f ire activities undertaken with the KLC involves Traditional Owners and Indigenous rangers conducting strategic burns on country in the early dry season to stop the spread of large destructive late season wildf ires and reduce the total area of the region burnt by f ire
AERIAL BURNING ON KIJA COUNTRY
Healthy Country fire operations achieve the conservation and cultural and sell carbon credits from their fire outcomes identified in Indigenous management activities. It is expected The Land and Sea Management Unit Protected Area and Healthy Country proceeds from the sale will be used to works with Traditional Owners and Management Plans. fund long-term fire management on Ranger groups to undertake right way their country and generate income and fire activities across the Kimberley. The Cultural and Environmental employment opportunities in remote Services Unit has engaged with communities. Right way fire activities undertaken Traditional Owners to work out with the KLC involves Traditional whether it is worthwhile registering The Cultural and Environmental Owners and Indigenous rangers carbon projects on areas where Services Unit also worked with native conducting strategic burns on country healthy country fire management is title groups who do not yet have carbon in the early dry season to stop the undertaken. Because right way fire projects but have the opportunity spread of large destructive late season projects help to reduce greenhouse to register savanna burning carbon wildfires and reduce the total area of gases going into the atmosphere, it is projects in the future. The Cultural and the region burnt by fire. Reinvigorating possible to generate carbon credits Environmental Services Unit undertook this traditional method of managing from these activities, if they are done carbon feasibility studies which were country improves environmental properly. The money from the sale of delivered to seven separate native title outcomes for the Kimberley region. carbon credits can then be used to groups. support expanding healthy country fire With appropriate levels of support, management in the future. During the reporting period, north right way fire activities have the Kimberley ranger groups continued potential to enable Traditional Owners During the reporting period the to undertake annual fire planning to spend more time on country, Cultural and Environmental Services workshops and conduct traditional take care of important cultural sites, Unit supported the Balanggarra, burns both on the ground and through facilitate the sharing of traditional Uunguu, Wilinggin and Dambimangari the use of helicopters. In the 2015 fire knowledge across generations and Aboriginal Corporations to generate season about 60 Traditional Owners
44 Kimberley Land Council 2015 Annual Report Through conducting strategic early dry season burns, Traditional Owners created f ire breaks and used patch burning to reduce fuel loads as a way to protect country from large scale wildf ires and result in a mosaic f ire pattern over time
participated in the project, spending 41 nights in remote camps on country or at ranger bases out bush (Truscott and Kandiwal). The helicopter travelled more than 50,000 km in the north Kimberley and spent 370 hours on aerial fire management.
Through conducting strategic early dry season burns, Traditional Owners created fire breaks and used patch burning to reduce fuel loads as a way to protect country from large scale wildfires and result in a mosaic fire pattern over time. Balanggarra, Wilinggin and Wunambal Gaambera WUNGGURR RANGER KEVIN DANN CONDUCTS RIGHT WAY FIRE BURNING ON WILINGGIN COUNTRY Traditional Owners also completed fire walks to conduct on-ground burning Sandy Desert. This work will help to The focus of the project was to work around sensitive sites. protect over 42,000 square kilometres with native title groups and Indigenous of native title areas from late dry pastoralists throughout the Kimberley There has been a significant increase season wildfires, which are considered to discuss the carbon story, climate in prescribed burning activities by KLC to be the main threat to the region’s change and opportunities for carbon ranger groups and Traditional Owners biodiversity, pastoral stations and businesses, so Aboriginal landowners in the central, east and southern cultural sites. have the information needed to decide Kimberley areas. whether to pursue these opportunities More than 62 Traditional Owners were or not. Fire management activities included employed as advisors or casual staff more than 315 days of on-ground across burning programs. In the past two years there has been prescribed burning by the Karajarri, more than 37 meetings held with 15 Nyikina Mangala, Nyul Nyul, Bardi Jawi, Carbon Outreach project native title groups, 10 workshops and more than 400 Traditional Owners Ngurrara, Gooniyandi and Kija ranger The carbon outreach project engaged. The project has produced 10 groups between March and June 2015. commenced in June 2013 and finished newsletters, posters, brochures and a on June 30, 2015. The project aimed to DVD to help people understand carbon This early dry season prescribed inform Kimberley Traditional Owners projects and carbon businesses. burning creates firebreaks to protect and Indigenous pastoralists about The project worked closely with native both communities and infrastructure carbon business opportunities. and fire sensitive habitats while title holders in the north Kimberley to establishing a network of strategic The Australian Government facilitate the registration of the only firebreaks across the landscape. Department of Agriculture funded native title carbon projects in Australia the two-year project which was and has helped Traditional Owners More than 70 hours of aerial prescribed managed by the KLC’s Cultural and from these groups generate and sell burning was also done by KLC ranger Environmental Services Unit. carbon credits. groups in the east Kimberley and Great
Looking after country 45 The west Kimberley is the largest area in Australia to have been protected through National Heritage Listing, cementing the region as a strong and signif icant Aboriginal place
DANCERS AT THE WEST KIMBERLEY NATIONAL HERITAGE ANOUNCEMENT AT GAMBANAN, NEAR ONE ARM POINT ON THE DAMPIER PENINSULA, AUGUST 2011
National Heritage Listing community driven Healthy Country Work on the NHL database has been Plans and aggregates them on a completed during the reporting The west Kimberley received National regional level. period with final technical updates Heritage Listing in August 2011 for its to store information securely. Some outstanding Indigenous cultural values This is in line with the essential criteria information on the database will be to the nation. It is the largest area set by Traditional Owners to manage available to the public in the future, in Australia to have been protected National Heritage Listing values. These while other information will be through National Heritage Listing, guidelines include Traditional Owner restricted as directed by the senior cementing the region as a strong and involvement, culturally appropriate leadership group. In the past year significant Aboriginal place. decision making and to ensure more external material was sourced to management of National Heritage continue to archive the past, capture To further protect the Indigenous Listing is done through existing the present and make it available for cultural values of the Kimberley, the programs including the Kimberley future generations. senior leadership group that led the Ranger Network and Indigenous National Heritage Listing consultations, Protected Areas. Ngurrara 2 Way Learning project re-formed to create a legal policy and Indigenous values management The Ngurrara 2 Way Learning project With funding from the Federal framework. is a two-and-a-half year cultural and Government’s Indigenous Heritage environmental program that combines Program, the Cultural and During the reporting period, work on western science and traditional Environmental Services Unit met the framework to protect, maintain knowledge. It aims to build the with Kimberley native title groups to and enhance the important cultural, capacity, aspirations and employability raise awareness amongst Traditional environmental and traditional skills of Ngurrara youth, who live Owners, native title groups and rangers Indigenous values of the region entered across a number of remote Aboriginal about the National Heritage Listing the final phase. The framework pulls communities in the Kimberley. values and management. together already existing work from
46 Kimberley Land Council 2015 Annual Report Integral to the Ngurrara 2 Way Learning project is a strong cultural base, founded in the guidance and mentoring of Ngurrara elders and the Ngurrara Rangers working with young people in a culturally appropriate and sustainable way
NGURRARA RANGERS ENGAGE WITH NGURRARA YOUTH AS PART OF THE 2 WAY LEARNING PROJECT
More than 120 young people, including Targeted in the program are four The Ngurrara Rangers and the at least 10 that are unemployed will remote schools of which the rangers Yanunijarra Aboriginal Corporation be engaged in a study that captures will play a pivotal role in implementing have identified the collection of strong both the science and traditional an incentives program for attendance baseline data to identify changes on ecological knowledge of culturally and good performance. country as a priority and valuable and environmentally significant water management tool to inform future sources in the northern Great Sandy A University of Western Australia conservation activities. Desert. masters student is working with rangers to build capacity in the areas of water The Ngurrara 2 Way Learning project monitoring and evaluation. Through has three intertwined components: this project the rangers have achieved environment, education and Certificate III qualifications in water employment. Integral to all the sampling and testing water and are components is a strong cultural refining their skills on regular trips base, founded in the guidance and to the water sources identified in the mentoring of Ngurrara elders and the project. The rangers have installed Ngurrara Rangers working with young two new weather stations, numerous people in a culturally appropriate and data loggers into existing bores and sustainable way. monitoring bores and barometric pressure loggers. A 2 Way Community Cultural Education Officer has been employed part-time Through a focus on training and skills to facilitate the project and mentor development, the rangers have out the youth involved, bridging the 2 themselves in a strong position to knowledge systems with the aim of secure fee-for-service contracts in water finding some interesting similarities. monitoring.
Looking after country 47 Looking after country Kimberley Ranger Program and Indigenous Protected Areas
RANGERS ENJOY THE SUNSET AT THE 2014 SMACKDOWN CHALLENGE AT CORKBARK, KARAJARRI COUNTRY
Introduction as coordinators. In recent years a community health and wellbeing. number of rangers have commenced The network is based on a regional The Kimberley Ranger Network is full-time employment with the KLC hub and spoke governance structure facilitated by the KLC and works to as they complete qualifications in founded on Indigenous cultural values. realise Indigenous aspirations to look Conservation and Land Management after country while providing real and progress into senior leadership Elders direct long-term conservation jobs, training and education as well as roles. At June 30, 3015, the KLC directly and management plans, promote improving socio-economic standards employed 13 senior full-time rangers. the transfer of traditional knowledge and community wellbeing. and provide guidance, leadership The Kimberley Ranger Network and authority. The governance model The Kimberley Ranger Network has integrates ecological, social and connects all groups together to ensure successfully completed its seventh year cultural values to generate sustainable that not only are community goals of operation and continues to carve economic growth in remote Aboriginal being achieved but regional objectives out an expanding and increasingly communities. as well. valuable role for Traditional Owners in the natural and cultural resource The ranger initiative is supported by The Kimberley Ranger Network management industry. the Australian Federal Government and operates in conjunction with works to realise Indigenous aspirations Indigenous Protected Areas. Kimberley The Kimberley Land Council facilitates to look after and manage country using Aboriginal people have identified 13 ranger groups as part of the a combination of traditional cultural Indigenous Protected Areas as the network, which continues to be one knowledge, western science and preferred land management model of the biggest employers of Aboriginal modern technologies. in the region and eight have been people in remote communities. During declared across the region. the reporting period, the Kimberley It has not only created jobs in remote Ranger Network continued to work communities but has established Indigenous Protected Areas are with a number of Indigenous rangers long-term career pathways, while dedicated areas of highly sensitive to increase their leadership and significantly improving social and or important biodiversity hotspots management skills as they pursue economic circumstances and that Indigenous people want to see career advancement into senior roles
48 Kimberley Land Council 2015 Annual Report The Kimberley Ranger Network is facilitated by the KLC and works to look after country while providing real jobs, training and education as well as improving socio-economic standards and community wellbeing
BARDI JAWI RANGERS TREVOR SAMPI, KEVIN DOUGAL, DWAYNE GEORGE AND PHILLIP (BIBIDO) MCCARTHY AT JALAN REEF, OFFSHORE FROM CAPE LEVEQUE protected. The Indigenous Protected rangers travel across the length of the were also excited to welcome a fifth Area program is an initiative of the determined Balanggarra native title member to the team. The Balanggarra Federal Government in partnership area. The trip enabled the rangers and Rangers and Indigenous Protected Area with supportive corporate and non- Traditional Owners to spend time on are grateful for the support from the government organisations. country and travel to, and visit places Balanggarra Aboriginal Corporation many people hadn’t been to in more and Traditional Owners and plan to Balanggarra Rangers and than 15 years. build on last year’s efforts to make Indigenous Protected Area sure Balanggarra country and culture Other highlights included developing remains healthy and strong. In the 2014-2015 reporting period, the on-going partnerships with various Balanggarra Rangers continued to research institutions and the Bardi Jawi Rangers and manage the Indigenous Protected Area Department of Parks and Wildlife to Indigenous Protected Area (IPA) as a stable and productive group, deliver fee-for-service projects across despite the challenges of working The Bardi Jawi healthy country team Balanggarra country. Project work across very remote and rugged country continued to expand and grow within included biodiversity surveys, fire in the north Kimberley. Management of the 2014-2015 reporting period to management, community animal the Balanggarra Indigenous Protected include 15 staff members. health reporting, cultural mapping Area has seen relationships between of important sites and feral animal the rangers and the Healthy Country The Indigenous Protected Area management. Advisory Committee continue to Coordinator is responsible for the strengthen as they work to ensure overall coordination of the program On-ground work complemented Traditional Owner aspirations to look across Bardi Jawi lands. The men’s training outcomes and assisted all four after and keep country healthy are met. ranger coordinator leads a team of rangers to build practical skills and seven Aamba (men) rangers while successfully progress through to their The highlight of the year for the group the women’s coordinator directs four Certificate III in Conservation and Land was a ‘back to country’ trip that saw Oorany (women) rangers. Management. The Balanggarra Rangers
Looking after country 49 Signi f icant cultural program outcomes were achieved during the reporting period with the rangers launching the Dambimangari language database and recording more than 50 cultural sites for inclusion on the cultural heritage database
DAMBIMANGARI RANGERS LEAVING FOR A DAY’S WORK OF AERIAL BURNING
A support officer is responsible has created a baseline of data on the Finalising the weed management plan for professional development and marine environment. The rangers and implementing some of the project improving internal processes within the increased fire operation activities in priorities including removal of Lantana, team with the assistance of an admin order to protect, manage and enhance a weed of national significance and support officer. sensitive monsoonal vine thicket areas Coffee Bush from within the Indigenous and deliver on associated contracts. Protected Area was also a significant In this past financial year, the Bardi achievement. Jawi team has focused on developing Dambimangari Rangers and the skills of the two newly-appointed Indigenous Protected Area Signing a research agreement with Indigenous ranger coordinators so they the Western Australian Marine Science The Dambimangari Indigenous can seamlessly transition into these Institute (WAMSI) for collaboration on Protected Area is managed by the roles. research projects across Dambimangari Dambimangari Aboriginal Corporation’s country was a significant milestone. ranger team and is predominantly- The rangers have developed new funded by the Dambimangari Trust procedures to support marine and fire The third annual Dambimangari turtle fund. During the reporting period operations and have reviewed capacity monitoring project at Montgomery the ranger group employed 14 team to expand the office and work base to Reef was a great success, yielding high members. cater for the introduction of the full- numbers of green turtles with more time women’s group into the team. than 28 turtles found per kilometre. Implementing the landscape scale These figures show there is a very fire management project and the The Bardi Jawi Rangers provided a consistent population of turtles on subsequent sale of carbon credits significant amount of marine science Montgomery reef, with numbers was a highlight of the ranger and support to a number of research consistent with the previous two years Indigenous Protected Area program for institutions within the 2014-2015 of research. the 2014-2015 period. reporting period. This work assisted in the collection of information which
50 Kimberley Land Council 2015 Annual Report The Gooniyandi Rangers continued to work as a developed and solid team during the reporting period enabling them to carry out a greater diversity of tasks to better care for country
Significant cultural program outcomes were achieved during the reporting period with the rangers launching the Dambimangari language database and recording more than 50 cultural sites for inclusion on the cultural heritage database.
Development of the Dambimangari visitor pass is nearing completion and is expected to be implemented at the beginning of 2016, to coincide with the joint management of the Lalang- garram Camden Sound Marine Park.
Rangers continued to work on GOONIYANDI RANGER IDENTIFY ANIMALS TRAPPED IN A PITFALL LINE DURING BIODIVERSITY SURVEYS completion of their coxswain course, with the view to have a number of the rangers and station owners. also been busy conducting water qualified coxswains within the next 12 Several back to country trips were monitoring, bilby and pest surveys and months to assist with marine activities. completed to enable Gooniyandi have started participating in weekly Traditional Owners to visit country interviews with a local radio station to Gooniyandi Rangers they rarely have access to. For many, highlight their work and provide project The Gooniyandi Rangers continued to especially the school children, these updates. work as a developed and solid team trips allow countrymen to see what during the reporting period enabling work the rangers do while educating The Gooniyandi Aboriginal Corporation them to carry out a greater diversity of them about how to behave on country. has started construction of a news base tasks to better care for country. at Bayulu hills from which all business One of the highlights was delivering on operations will be conducted including The Gooniyandi Rangers welcomed a trip to Painted Rocks on Fossil Downs ranger activities. new ranger coordinator Hugh James Station, which had been in the making into the team which consists of five full- for more than three years. This trip saw Karajarri Rangers and time rangers, an admin assistant and a a number of Traditional Owners, school Indigenous Protected Area number of casual staff. children and rangers attend and assist The 2014-2015 reporting period has in the documentation of a number of been one of growth and exciting In the past 12 months, the rangers significant cultural sites. achievements for the Karajarri Healthy have worked closely with a number Country program. of pastoral stations to further develop Training has been a priority for the relationships and undertake fire and team, with four long-term rangers With a declared IPA and a stable and threatened species management. Early expected to complete their Certificate III experienced crew of rangers, advisors dry season burning on GoGo Station in Conservation and Land Management and coordinators, a number of real and and Mt Pierre Station highlighted the by the end of 2015, while the newest tangible on-ground projects have been good working partnerships between ranger has completed almost all of implemented. their Certificate II. The rangers have
Looking after country 51 With a declared IPA and a stable and experienced crew of rangers, advisors and coordinators, a number of real and tangible on-ground projects have been implemented by the Karajarri Rangers and their Healthy Country Program
KARAJARRI RANGERS AT JINMARNKUR (CAPE MISSIESSY)
Some of these include: Over the coming year the focus is Kija Rangers to improve upon partnerships and • Commencement of the Injudinah The Kija Rangers actively engaged more governance to take the Karajarri and Munroe Springs fencing projects; than 18 rangers as part of conservation Healthy Country program into an even • Introduction of the Karajarri Visitor activities undertaken in the stronger position in the future so we Permit System at Port Smith and reporting period. This is a significant can further achieve our vision to: Gourdon Bay areas; achievement for an independent group • Look after our country as we have • Undertaking site management that generates a large proportion of done for thousands of years; and planning at Kurriji Pa Yajula (Dragon their funding through fee for service Tree Soak); • Maintain our unique culture, contracts. language, people and country. • Initiating the Karajarri Desert Training was a priority focus Burning project. Karajarri carry the responsibility throughout the year with rangers to keep our country good for our working towards completing Other milestones also include: future generations. This is recognised Certificates II and III in Conservation • Undertaking the Karajarri cultural from Pukarrikarra and in our native and Land Management. Rangers also exchange trip to British Columbia, title rights. Under our law it is our completed CyberTracker, remote First Canada; responsibility to "look after our Aid and numeracy and literacy training • Recruitment of four new rangers traditional lands, our country.” as well as cultural knowledge transfer, through the Yiriman Caring for Kija language classes and fire and Country program; The Karajarri Healthy Country program natural disaster prevention training. would like to thank its leaders past and • Partnership development with Conservation and land management present and cultural advisors for their neighbours and stakeholders; and activities included the mapping, support, guidance and assistance. • Signing of the Eighty Mile Beach monitoring and chemical treatment of Marine Park Indigenous Land Use weeds at a number of locations along Agreement. waterways, stations and communities,
52 Kimberley Land Council 2015 Annual Report Training was a priority focus throughout the year with Kija Rangers working towards Certif icates II and III in Conservation and Land Management whilst also completing CyberTracker, remote First Aid and numeracy and literacy training
KIJA RANGERS WITH COORDINATOR HYLKE VADER as part of ongoing management and In the next year the Kija Rangers plan In November 2014, a number of maintenance. to continue to achieve strong training rangers and coordinators attended outcomes, work with teachers to set and presented at the ICCA Consortium Rangers undertook a bird and fauna up a junior ranger program and look global Indigenous event in the Blue survey at Violet Valley, Doon Doon, Bow to engage more female rangers with a Mountains, the IUCN World Parks River and Glenn Hill stations as part view to set up a women’s ranger team Congress in Sydney and a parallel event of the ongoing ‘Flames and Feathers’ in the future. for desert ranger groups in Australia. project. Ngurrara Rangers and the Rangers and coordinators shared The project incorporates early dry Warlu Jilajaa Jumu Indigenous stories and spoke with Indigenous season burning with the monitoring Protected Area people from all around the world, of fauna, in particular the threatened The Ngurrara Rangers enjoyed taking back with them a wealth of Gouldian Finch and Purple Crowned another highly productive year on the knowledge and a new confidence to Fairy Wren. Strategic early burning was ground and achieved a huge range of present in front of large audiences. also conducted around the Warmun outstanding outcomes. community to protect assets while Throughout the 2014-2015 period rangers participated in firefighting Men’s and women’s ranger rangers have worked closely with activities across a number of pastoral coordinators transitioned well into pastoral stations to further strengthen properties in the region. their new leadership roles and the team the relationship with managers to will continue to grow with four new collaborate on fire and threatened Cultural activities were also a focus of members due to start in the coming species management. the ranger team which participated in months. With a large team comes a monitoring significant sites, traditional greater capacity to carry out work The Ngurrara women’s team hosted the knowledge transfer, several back to simultaneously which requires effective Ngurrara Women’s Cultural Camp at country trips and Kija language classes. planning to capitalise on positive Kurlku which was a hugely successful outcomes. event with a number of Traditional
Looking after country 53 A major focus for the Ngurrara Rangers this f inancial year has been the Ngurrara 2 Way Learning Project, which combines western science and traditional knowledge and aims to uncover the similarities in each
NGURRARA WOMEN"S MEETING AT KURLKU
Owners and women from various Through this project the rangers have Nyikina Mangala Rangers organisations and ranger groups achieved Certificate III qualifications The Nyikina Mangala Rangers have attending the bush meeting. in water sampling and testing. The worked to undertake a number of rangers have installed two new weather diverse projects across large areas There were some significant training stations, numerous data loggers into of desert, river and coastal country milestones achieved with three rangers existing bores and monitoring bores, to protect and enhance biodiversity progressing well with their traineeships and barometric pressure loggers. values. Working alongside cultural while another three rangers finished advisors, the Nyikina Mangala Rangers their Certificate II in Conservation and Four remote schools are being targeted have taken a community approach to Land Management. as part of the database learning project their work and have engaged a variety with rangers assisting to build the of project partners to provide services, A major focus this financial year has capacity, aspirations and employability skills, opportunities and training to six been the Ngurrara 2 Way Learning skills of local indigenous youth through communities within the area. project. The cultural and environmental the program. program has been operating for more Key project work for the 2014-2015 than two years and focuses on surface The rangers have been looking to reporting period has included: and groundwater systems on country. establish a new ranger base on the Canning Stock Route and re-establish a • Black Footed Rock Wallaby The project combines western science solid presence out there. research: The rangers used a and traditional knowledge and aims to variety of information collection uncover the similarities through each. It has been another big year for techniques to monitor population A university research student is working the Ngurrara team with everyone numbers of the threatened species alongside the rangers to build capacity contributing to achieve great success including motion sensor camera in the areas of water monitoring and and outstanding results. traps, scat plots and hair traps. The evaluation. rangers are at the forefront of Black Footed Rock Wallaby Research with
54 Kimberley Land Council 2015 Annual Report Working alongside cultural advisors, the Nyikina Mangala Rangers have taken a community approach to their work and have engaged a variety of project partners to provide services, skills, opportunities and training to six communities within the area
NYIKINA MANGALA RANGERS AND COORDINATOR DAN KEYES WITH A 3.6M CROC THEY HELPED CATCH AT TELEGRAPH POOL ON THE FITZROY RIVER
a collection of more than 270 high a popular fishing and camping site. Advisory committee to deliver strong definition images of the Kimberley • Fee-for-service opportunities: conservation, research and training species. Under the direction of the outcomes. • Interpretive sign implementation: Walalakoo Aboriginal Corporation The rangers worked to design eight the rangers engaged with a large The group has continued to grow as a interpretive signs to inform and mining company to undertake team to build capacity and skill level educate the public about Nyikina fee-for-service work completing which saw a high attendance rate Mangala culture, native title and biodiversity, flora and fauna and no staff turnovers. All rangers are ways to keep country healthy. surveys. This mutually beneficial now completing their Certificate III in Conservation and Land Management • Prescribed burning: The rangers opportunity also provided for a or above, while the head ranger has undertook an extensive prescribed two-day knowledge transfer and become a full-time ranger employed by burning program using aerial exchange. the KLC. The administration officer has and ground burning techniques • Training: Rangers continued to almost completed his Certificate IIII in to protect community assets progress through Certificates II Business Administration. and improve biodiversity and and III in Conservation and Land conservation values. Management. Training has enabled Fire management was a focus in the the rangers to undertake fee-for- • Crocodile management: The reporting period, with the group’s two service work in machine operation, Nyikina Mangala Rangers have head rangers competently planning survey work and data collection. played a vital role in informing and implementing the program for the and educating the public about year. A working partnership was also Nyul Nyul Rangers crocodile management on the established with the Department of Fire Fitzroy River. The rangers worked Situated on the Dampier Peninsula and Emergency Services in cooperation with the Department of Parks and and based at Beagle Bay, the Nyul with KLC staff to collaboratively Wildlife to trap and relocate an Nyul Rangers worked closely with their conduct burning operations. aggressive saltwater crocodile from Traditional Owner Healthy Country
Looking after country 55 The Nyul Nyul Rangers completed a number of on-country projects in feral animal management, Monsoon Vine Thicket protection, weeds, f ish trap restoration and endangered species monitoring of the Gouldian Finch and Bilby
monitoring, tourism management and flora and fauna surveys.
Cultural engagement has included incorporating traditional knowledge into land management practices, maintaining sacred and significant sites and facilitating the transfer of knowledge to younger generations. Key achievements in the 2014-2015 reporting period have included: • Tourism: A new campground was established at Lirra, an area of exceptional birdwatching on the northern shoreline of Paruku Lake. NYUL NYUL RANGERS TAKE SKIN SAMPLES FROM A GREEN SEA TURTLE FOR RESEARCH ACROSS THE LACEPEDE ISLANDS The road to the site was graded and a composting toilet and shade A freshwater management plan was with construction expected to start in shelter installed. Two birdwatching finalised in a partnership with NERP/ the next reporting period. The Nyul hides were purchased to trial for NAILSMA with recommendations Nyul Rangers also purchased a number visitor use. presented to the Nyul Nyul Healthy of new assets including a survey • Environmental management: Country Advisory Committee for vessel and dinghy to assist with water Ranger coordinator Jamie Brown ongoing monitoring of springs, monitoring and patrols. was accredited with a KLC gun wetlands and lakes. The rangers licence for feral animal control. A presented their findings at the Six rangers attained their Certificate II feral cat survey was carried out Ecological Society of Australia in Coxswains while two more rangers while management of the feral Conference in Alice Springs in October are in the process of completing horse population is ongoing. 2014 and will present again at the the training, so they are qualified to upcoming conference in 2015. operate the marine vessels. • CyberTracker work: Rangers have been trained in the latest The Nyul Nyul Rangers also completed Paruku Rangers and Indigenous CyberTracker program and a number of on-country projects in feral Protected Area technology and are using the new animal management, Monsoon Vine units to monitor and record flora The Paruku Rangers carry out Thicket protection, weeds, fish trap and fauna, feral animal and weed various environmental and cultural restoration and endangered species information on all field trips. management practices to protect, monitoring of the Gouldian Finch • Water monitoring: Monitoring of enhance and develop the Indigenous and Bilby. Rangers have worked to the Paruku waterway system is Protected Area in the desert region of achieve high-level technical reporting continuing with the support of the the south-east Kimberley. standards. WA Department of Water and the University of WA. Bilby and yellow Environmental tasks have focused Infrastructure leases for development chat colonies are also monitored on controlled burning, feral animal of a new ranger office, workshop and regularly. A major Parkinsonia management, weed control, water industrial compound were finalised weed infestation was successfully
56 Kimberley Land Council 2015 Annual Report Environmental tasks undertaken by the Paruku Rangers have focused on controlled burning, feral animal management, weed control, water monitoring, tourism management and f lora and fauna surveys
PARUKU RANGERS DOING TRAINING AND FENCE LINE MAINTENANCE AT WOLF CREEK CRATER
controlled on the southern reaches • Fee-for-service work: Maintenance resigning due to personal issues while of Sturt Creek. of the tourist campground at Wolfe a former experienced ranger was • Cultural and community Creek Crater was carried out by welcomed back into the group. engagement: A junior ranger the rangers as an ongoing fee- program has been incorporated for-service arrangement with the Three of the rangers are women and into the Mulan school while a Department of Parks and Wildlife. this provides a good mix to the team women’s ranger group has recently but also provides a great knowledge been established. Uunguu Rangers and the balance when conducting cultural and research activities. • Field trips: Rangers and Traditional Wunambal Gaambera Owners undertook a field trip to Indigenous Protected Area Under the guidance of the Uunguu collect wirimangurru wood to make The Uunguu Rangers have overcome Monitoring and Evaluation Committee, traditional weapons and artefacts. some major logistical challenges to new initiatives have been implemented Rangers facilitated several trips with establish their base at Garmbermirri to observe and assess changes to the school children and Traditional and maintain and protect the Uunguu Healthy Country Plan. Healthy Owners to trial field use of the Wunambal Gaambera Indigenous country ranger activities have focused Walmajarri Plants and Animals Protected Area. on fire management, feral animal Dictionary. management, visitor management and Rangers graded the roads from • Maintenance work: Rangers carried cultural heritage protection. out maintenance work including Kalumburu to Garmbermerri and Wade Creek in Vansittart Bay to enable hazard reduction burning and As part of plant and animal monitoring greater access to country to maintain clearing of weeds from several work, the Uunguu Rangers undertook a significant sites and monitor visitors. sacred sites within the Indigenous number of research projects including Protected Area and at the Sturt rainforest surveys, turtle, dugong and There have been several changes to Creek Massacre site. seagrass monitoring in conjunction the team this year with two members with NAILSMA, the CSIRO and the
Looking after country 57 The Wunggurr ranger team has continued to grow and for the first time has welcomed two female rangers to the group, which is back at full capacity. Senior rangers have remained consistent, providing stability, value, knowledge and experience to the team.
partnership with the North Kimberley Fire Abatement Project, Rangelands NRM, the Indigenous Land Corporation and the KLC. The Wilinggin Aboriginal Corporation submitted a carbon offsets report and sold a number of carbon credits as part of the fire abatement project.
The Healthy Country team also conducted prescribed ground burning to protect infrastructure and control the spread of late season wildfires on the Gibb River, Karunjie and Durack River stations and the Marunbabidi WUNGGURR RANGERS community. This included a 60km fire walk from Gibb River Station to National Environmental Research Healthy Country Advisory Committee Karunjie Station. Project. and the Wilinggin Aboriginal Corporation Board of Directors. The Wunggurr Rangers made Small mammal surveys and weeds significant progress in controlling management projects were completed The Wunggurr ranger team has gamba grass at El Questro Station. They with the Department of Parks and continued to grow and for the first time also participated in regional efforts to Wildlife while a freshwater turtle survey has welcomed two female rangers control grader grass in conjunction with was conducted with the University of to the group, which is back at full the Australian Wildlife Conservancy and Canberra. The Uunguu rangers also capacity. Senior rangers have remained WA Department of Parks and Wildlife. participated in the annual fire walk consistent, providing stability, value, which was held across the Lawley River knowledge and experience to the team. The Healthy Country team facilitated region. separate men’s and women’s back to The Wunggurr Ranger base at country trips across the Werangarri Wunggurr Rangers and the Ngallagunda community on the Gibb nation of which more than 50 Ngarinyin Wilinggin Indigenous Protected River Station in the heart of Wilinggin men, women and children participated. Area country is now fully operational due to the connection of electricity and Activities included elders passing on Throughout the 2014-2015 reporting water. The rangers have recommenced stories and songs about law, country period the Wilinggin Healthy Country using CyberTracker software to monitor and culture to younger people, making team continued to make solid their activities and record the health of bush medicine, traditional ochre progress with the Wunggurr Rangers country. painting, spear and didgeridoo making, implementing the Indigenous coolamon and boab nut carving, fishing Protected Area plan of management. Aerial burning operations were and bush cooking. Back to country trips conducted in the early dry season are rotated around the four Wilinggin Activities were completed in line with across 14,000 square kilometres of nations each year. the strategic direction of the Wilinggin exclusive possession native title land in
58 Kimberley Land Council 2015 Annual Report Financial Statements 2014-15 Financial Statements
Financial Statements 59 60 Kimberley Land Council 2015 Annual Report Financial Statements 61 62 Kimberley Land Council 2015 Annual Report Financial Statements 63 Glossary Glossary
AGM Annual General Meeting ADJR Administrative Decisions (Judicial Review) Act, 1977 ALT Aboriginal Lands Trust AQIS Australian Quarantine Inspection Service CATSI Act Corporations (Aboriginal and Torres Strait Islander) Act 2006 CEO Chief Executive Officer CFI Carbon Farming Initiative CPA Certified Practising Accountant DAA Department of Aboriginal Affairs DFES Department of Fire and Emergency Services DPaW Department of Parks and Wildlife DPP Dampier Peninsula Plan EHSIS Environmental Heritage and Social Impact Services FAA Financial Assistance Agreement HPA Heritage Protection Agreement ILUA Indigenous Land Use Agreement IPA Indigenous Protected Area KALACC Kimberley Aboriginal Law and Culture Centre KLC Kimberley Land Council KLRC Kimberley Language Resource Centre KRED KRED Enterprises KTLA Karajarri Traditional Lands Association LSMU Land and Sea Management Unit NHL National Heritage Listing NNTC National Native Title Council NNTT National Native Title Tribunal NTA Native Title Act (Cth) 1993 NTRB Native Title Representative Body PBC Prescribed Bodies Corporate RNTBC Registered Native Title Bodies Corporate SAFA State Activities and Future Acts WWRNTBC Wanjina Wunggurr Registered Native Title Bodies Corporate
64 Kimberley Land Council 2015 Annual Report Notes Notes
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Kimberley Land Council
11 Gregory Street, Broome WA 6725 • PO Box 2145 • Ph: (08) 9194 0100 • Fax: (08) 9193 6279 • Email: [email protected]
Kununurra
Lot 2229 Speargrass Road, Kununurra WA 6743 • PO Box 821 • Ph: (08) 9194 0190 • Fax: (08) 9168 1509
Derby
Lot 285 Loch Street, Derby WA 6728 • PO Box 377 • Ph: (08) 9194 0175 • Fax: (08) 9193 1163 www.klc.org.au
Notes 65