2016-17 KLC ANNUAL REPORT
Kimberley Land Council 2016-17 Annual Report 1 2 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 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 Executive roles and responsibilities 17 Strategic and operational plans 22 Human Resources 24
Performance Report 25
East Kimberley 29 West Kimberley 34 Central Desert Region 40
Looking after country 45
Land and Sea Management 45
Kimberley Ranger Network 57
Glossary 69
Financial Statements 70
2016-2017 Financial Statements 70
Kimberley Land Council 2016-17 Annual Report 3 Introduction and overview Introduction and overview
YIRRKALA DANCERS PERFORM ‘YAM DANCE’, ON ARRIVAL AT THE INAUGRAL KLC MEETING. NOONKANBAH STATION.
The Kimberley Land Council (KLC) was The KLC has a proud history covering established in 1978 following a dispute almost 40 years. We want to build on While fulfi lling our role as between Kimberley Aboriginal people, our achievements over that time, and a Native Title Representative the West Australian Government and to continue with the good work we do Body remains the core an international mining company at for our members and for Kimberley business of our organisation, Noonkanbah. Aboriginal people in getting back our we have expanded to included country, looking after our country, and a broad range of programs The KLC was set up by Kimberley getting control of our future. and activities that help us Aboriginal people as a peak regional achieve the vision of our community organisation, to secure As part of our Native Title members. the rights and interests of Kimberley Representative Body funding Aboriginal people in relation to their agreement with the Commonwealth land and waters and to protect their Government, the KLC is required to significant places. present detailed technical information on its functions in our Annual Report. The environment we operate in today, This report also includes information and into the future, is significantly on other aspects of our organisation different from the environment of 1978. to reflect the full diversity of our operations. 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 2016-17 Annual Report Our mission, vision and values Our mission, vision and values
BARDI JAWI COUNTRY
Our Vision • De velop and implement policies, strategies and activities that deliver The Kimberley Land Council The Kimberley Land Council is a a high-standard of services to is a community organisation community organisation working for working for and with and with Traditional Owners of the Traditional Owners to achieve our Traditional Owners of the Kimberley to get back country, look vision Kimberley to get back country, after country and get control of the • De velop and implement sound, look after country and get future. appropriate and effective planning control of the future. and review processes and Our Mission documents Aims • To get back country Our Values • To look after country • R espect for our law and culture • To get control of the future • R espect for our elders and stakeholders • To have a strong organisation • F air and transparent decision- Objectives making • Impr ove the cultural, social and • Effective and open communication economic wellbeing of Kimberley • Working in partnership Aboriginal people • Trust and loyalty • Oper ate as an effective body to • Justic e and equality for Indigenous secure rights for and deliver the people aspirations of Kimberley Traditional • Cultural diversity Owners
Kimberley Land Council 2016-17 Annual Report 5 Message from the Chairman Anthony Watson
KLC CHAIRMAN ANTHONY WATSON
Marboo Ngyimbi (hello). I am pleased in 2017. We give our condolences to One such promise was a commitment to bring you my report for the 2016-17 family and friends. Director McKeon will to divest the Aboriginal Lands Trust financial year. Much has been achieved be remembered by us all. within eight years. As a first step in the at the Kimberley Land Council in the conversation, a roundtable meeting past 12 months, including another I would like to acknowledge our senior was staged by the government at the native title determination, successful elders that we have lost in the past KLC office in Broome. regional meetings, huge land and year. Unfortunately we continue to lose sea achievements and a renewed some of our greatest leaders. It was The government invited PBC international focus. their passion and commitment to land representatives to have an open rights that led to the formation of the discussion about their plans for ALT Firstly, I was very pleased to be re- KLC 39 years ago and we will always divestment and the challenges ahead. elected to the position of Chairman remember them. I’m pleased to see the government at the KLC AGM in September 2016. committing to an open line of Holding this position, and following I am confident that our younger communication and we will continue in the footsteps of my father Mr John generation will be ready to step up and to keep KLC members updated on the Watson and other Chairs, is a great take on the challenge of leading the progress of this work. honour for me. KLC into the future. In October 2016 we were extremely The AGM elections resulted in the Native title and land tenure pleased to see the Gooniyandi people formation of a brand new KLC Board recognised as the native title holders of In March 2017, Western Australia tasked with leading our organisation. a further 184 square kilometres of their experienced a change of government The KLC Board provides strategic country in the central Kimberley. bringing with it new policies and new direction and makes key decisions opportunities. As part of its pre-election about the priorities of the KLC and has Made over part of the Yarrangi Riwi commitment the Labor Government been a pleasure to work with. Yoowarni Gooniyandi native title claim, made some strong promises and the the consent determination was handed KLC is determined to hold those in Sadly, we experienced the sudden down by Justice Barker of the Federal power to account. passing of one of our female directors Court of Australia.
6 Kimberley Land Council 2016-17 Annual Report As we continue to move into a post native title determination era, the KLC is doing more than ever before to support capacity building of PBCs, facilitating workshops and rolling out individualised self-assessment tools.
The ruling comes after native title was need training and support to undertake continuing to support us in all of our first recognised for the Gooniyandi this work successfully. endeavours to stand up for the rights of people in 2013 over 1.12 million our mob. hectares of land and water and marked As we continue to move into a post a very proud moment for all involved. native title determination era, the Lastly I look forward to celebrating KLC is doing more than ever before our 40th anniversary with you all next I am also pleased to report that we to support capacity building of PBCs, year. This is a historic occasion that have now reached the final stages of facilitating workshops and rolling out will not only look to the past, including the Bindunbur native title claim with individualised self-assessment tools. the memorable Noonkanbah protest, final oral submissions submitted. It is but will importantly focus on our expected that there will be an outcome future – united, strong and committed for Traditional Owners in the next 12 The KLC is in a unique position to to improving the lives of Kimberley months. This has been a long and provide this ongoing support to PBCs Aboriginal people. arduous process for all involved and I and we are committed to helping thank everyone for their patience. our PBCs stand strong and deliver important outcomes for their members. Remote service reform In December 2016, the then Liberal Another highlight of the past financial year was the central role KLC played State Government made an Anthony Watson in facilitating the Fitzroy Declaration, a announcement outlining funding for 10 Chairman priority Aboriginal communities as part statement issued by Traditional Owners of its remote service reform agenda. calling for greater protection of the While the acknowledgement that Fitzroy River. remote communities require investment is positive, it remains The declaration highlighted the unclear what this means for those necessity for native title holders and communities that were left off the list. claimants to be involved in decision- making about land management. The KLC will continue to monitor this It sent a clear message that native process closely to better understand title rights are key to the future the new Labor Government’s views development of the Kimberley, and on remote communities. I am pleased that the traditional and environmental that the Labor Government has values of the Fitzroy River must not be made a commitment not to close any ignored. Indigenous communities and we will hold them to that promise. I would like to thank all of the KLC staff for their hard work over the past The work of the KLC year. Your dedication is commendable. Throughout 2016-17, the KLC has had Of course I would also like to a renewed focus on the development acknowledge all of the KLC members. of PBC training and capacity. PBCs deal Your commitment to our cause is with extremely complex issues and unbreakable and I thank you for
Kimberley Land Council 2016-17 Annual Report 7 Board of Directors KLC Board as of 30 June, 2017
CHAIRMAN ANTHONY WATSON DEPUTY CHAIR MERLE CARTER CEO NOLAN HUNTER SPECIAL ADVISER WAYNE BERGMANN
SPECIAL ADVISER PATRICK MUNG SPECIAL ADVISER JEAN MALAY SPECIAL ADVISER IRENE DAVEY CISSY GORE-BIRCH
VALERIE WIGGAN ELIZABETH JINGLE JOY NUGGET GORDON MARSHALL
GLENN BONNEY GREG TAIT SHIRLEY PURDIE SHIRLEY DRILL
FELICITY SMITH MARIANNE SKEEN FRANK DAVEY ALBERT COX
BOBETTA ALBERT ELIZABETH LULU MARION DOLBY FRANCIS (LULGA) DJIAGWEEN
KATHY O’REERI VERONICA MCKEON
8 Kimberley Land Council 2016-17 Annual Report CEO Report Nolan Hunter
CHIEF EXECUTIVE OFFICER NOLAN HUNTER
The Kimberley Land Council’s guiding This is clear evidence that the native Each year we face the sad reality that vision is to get back country, look after title process is flawed and change many of our old people are dying and country and get control of the future. needs to happen to make this a fairer will not have the chance to see their and quicker process for Traditional native title aspirations realised. We All of the work conducted by the KLC is Owners all over the country. want our politicians to seriously look aimed at promoting these values and I at overhauling the Native Title Act, so am pleased to report that the 2016-17 In 2017, we saw the Federal that Indigenous people can get their financial year has delivered on all three Government push to make changes native title rights and use their native of these guiding principles. to the Native Title Act due to a Federal title rights to benefit their communities. Court ruling which threw into doubt The Kimberley Land Council will Getting back country the validity of Indigenous Land Use continue to look at ways to influence Agreements across the country. government to overhaul this two The Kimberley Land Council is decades old legislation. continuing to work towards securing The government acted swiftly to amend native title in the Kimberley region. I am the Native Title Act, but the KLC joined pleased to report that the Kimberley is Looking after country other native title representative bodies now 80 per cent native title determined PBCs together with Indigenous ranger and politicians in calling for more – a significant achievement. teams are managing large swathes consultation around these changes. of country in the Kimberley with The government relented and held a In 2016 we secured another native significant environmental, cultural and meeting of relevant parties, including title determination for the Gooniyandi social benefits. the KLC. Changes to the Act were people. We have also continued work eventually passed in June 2016. While on a number of other claims, which you We now have 13 Indigenous ranger these changes were important to can read more about in the native title groups, working as part of the provide greater certainty for Traditional section of this report. We predict that Kimberley Land Council facilitated Owners, it is disappointing that the we still have around 15 to 20 years of Kimberley Ranger Network. These government only acted in a time of work to finalise these remaining claims. rangers are at the forefront of crisis. endangered species work in the Kimberley and are also playing
Kimberley Land Council 2016-17 Annual Report 9 In November 2016 I attended the United Nations Climate Change Conference COP 22 in Marrakech to discuss the cultural and ecological knowledge of Indigenous people.
an invaluable role recording and I was invited to speak at the United Without change the status quo for maintaining culture. Nations Educational Scientific Cultural Indigenous people in Australia will Organisation (UNESCO) Indigenous continue. The 2017 Prime Minister’s Fire management continues to be a Knowledge and Climate Change Closing the Gap report showed once major part of the yearly work of our conference about the world leading again that Indigenous people are rangers, and the savanna carbon fire prevention methods of Kimberley falling behind their non-Indigenous projects of the north Kimberley groups Aboriginal people. counterparts in key target areas and it are providing ongoing benefits to is difficult to see this changing without participating Traditional Owner groups. Our fire methods are proven to reduce real reform of Indigenous policy in the risk of wildfires and cut carbon Australia. The KLC is also supporting PBCs to emissions, as well as having many take more control of their ranger social, cultural and economic benefits. During this trip we also sat on a panel programs. In late 2016 the KLC and We want to find a way to spread our with Social Justice Commissioner Yanunijarra Aboriginal Corporation knowledge to other parts of the world, June Oscar, and attended a range of (YAC) announced a new partnership so that more people can benefit from meetings, including discussions with that would see YAC take on the these fire management techniques the Australian Head of Mission and the management of its highly successful and carbon emissions can be reduced Indigenous global caucus. ranger team. The new contracting globally. arrangement means that rather than Locally, the KLC is continuing to the KLC managing and employing the In 2017, I returned to the United advocate for Indigenous people so Ngurrara rangers, that is now being Nations, this time in New York, with KLC that all of our mob can be given the done by the YAC PBC. Chairman Anthony Watson. Together opportunity of a bright future. We we attended the Sixteenth Session are keeping a close on eye on the Getting control of the future of the UN Permanent Forum with the government to ensure that all of our special theme: The Tenth Anniversary Aboriginal communities remain open. In the past six months there has been of the United Nations Declaration We are also committed to standing a major push by Indigenous people, on the Rights of Indigenous Peoples: up for our people in relation to other particularly those in the Kimberley for measures taken to implement the government policies and programs, constitutional reform. The KLC has Declaration. such as the cashless welfare card, as played a key role in bringing people well as big corporations and politicians together to discuss this issue and In relation to recognition of rights and bureaucrats who see native title take a position to Uluru. Now that the to land, we called for the Australian as an impediment rather than an Uluru Statement from the Heart and Government to review and overhaul opportunity. the Referendum Council’s final report Australian native title legislation and have been delivered, our organisation prioritise the resolution of native title The KLC achieved great successes in will continue to provide a role in land claims in Australia, as well as due 2016-17 and I would like to warmly campaigning for constitutional change. recognition of native title rights as thank our members and directors for proprietary or property rights. Once their vision. In November 2016 I attended the these changes occur then Indigenous United Nations Climate Change people will truly be given the same Conference COP 22 in Marrakesh to opportunities as their non-Indigenous discuss the cultural and ecological brothers and sisters in Australia. Nolan Hunter knowledge of Indigenous people. Chief Executive Officer
10 Kimberley Land Council 2016-17 Annual Report AT THE UNITED NATIONS PERMANENT FORUM ON INDIGENOUS ISSUES IN NEW YORK
Kimberley Land Council 2016-17 Annual Report 11 Our organisation Kimberley Land Council
NOOKANBAH PROTEST MARCH, 1978
Kimberley Land Council • Go to court or negotiate mediated Role and functions settlements to secure Traditional The Kimberley Land Council Aboriginal NTRB – legislation Owners’ rights to country Corporation was established in 1978, in • Manage the effects of development The KLC provides native title services response to the Noonkanbah dispute on traditional lands under the Future to Kimberley Aboriginal people. The over access to land and protection of Acts parts of the Native Title Act following primary functions of the sacred sites. • Develop agreements on Indigenous organisation are prescribed by the Land Use for the benefit of Native Title Act 1993 (Cth) (NTA). The KLC was started by Aboriginal Traditional Owners. leaders, and is recognised as one of the Facilitation and assistance peak Indigenous organisations in the The KLC currently provides services The KLC strives to provide its clients Kimberley, and is given the job by its and assistance to native title claim with the highest standards of members to advocate for and protect, groups across the region. Our Native representation for achieving positive enhance and gain formal legal, social Title Representative Body operations native title outcomes. In the reporting and political status for the customs, are funded by the Department of Prime period, the KLC worked with native laws and traditions of Kimberley Minister and Cabinet. title claimants, native title holders Traditional Owners. and Registered Native Title Bodies Some of our other activities at the Corporate (RNTBCs) or Prescribed After the process for recognition of KLC are supported by state and Bodies Corporate (PBCs) to prepare native title rights was made into federal governments, philanthropic and progress native title applications Australian law (by the Native Title Act of organisations, environmental groups while providing facilitation and 1993), the KLC was recognised in May and self-generated income. representation to our clients in 2000 as the Native Title Representative the mediation and negotiation of Body for the Kimberley region in The KLC is incorporated under the agreements. Western Australia pursuant to s230AD Corporations (Aboriginal and Torres of the Native Title Act 1993, (Cwth) Strait Islander) Act 2006 and operates In doing this, the KLC meets its (NTA). under the Native Title Act (1993). requirements as a Native Title Representative Body to: The KLC’s legal (statutory) role as a NTRB under the Act is to: • Research, prepare and progress native title applications 12 Kimberley Land Council 2016-17 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.
• Represent and facilitate There is a high level of demand for the The process for achieving successful consultations, mediation, negotiation KLC to provide assistance in the post- native title determinations affects all and proceedings relating to native determination environment as most Traditional Owners and often raises title applications such as Future Acts, RNTBCs have limited capacity and difficult questions for claimants. Indigenous Land Use Agreements resourcing to carry out their statutory Disputes often arise, where the (ILUAs) and any other native title and corporate governance functions. relationship between the Native Title matters. Act and traditional law and customs The KLC has a Grants Committee that is not clear. As a result, the KLC is assesses new applications for native called upon to assist in resolving these Native title assistance title assistance. The Grants Committee disputes. During the 2016-2017 reporting is made up of members of the KLC period, the KLC provided native title Board and is responsible for assessing The existence of disputes can have a assistance to 25 native title claims and and deciding on each application. significant detrimental impact on the 11 RNTBCs within the Kimberley region. ability of Traditional Owners to exercise Throughout the year, the number In addition to the KLC’s operational their native title rights and interests, of claims has fluctuated to take into plan that identifies the level of native or to have those rights and interests consideration the work undertaken title assistance being provided to recognised. to prepare for the filing of new claims groups for the year, the KLC also and the determination, withdrawal or considered four applications for For example, the existence of a dispute amendment of other claims. native title assistance. At the end of might have a negative impact on: June 2017, one application was under • Priority for assistance from the Native All the native title claims the KLC assessment, three applications went to Title Representative Body provides facilitation and assistance the Native Title Grants Committee for a • Registering a determination to are important, but with the limited decision, two were granted assistance application (because of adverse resources available, not all claims can and one decision was deferred. impacts on certification or be progressed at the same time. Claim authorisation processes) priority assessment determines the Complaints • Responding to Future Acts direction of organisational activities. • Obtaining a determination of The prioritisation of claims is informed NTRB Activity Summary native title - whether by consent or by, but not limited to, resourcing Complaints and Disputes litigation. considerations, Federal Court case Complaints management priorities and the Received 2 The Kimberley Land Council will availability of suitably qualified expert Resolved 2 not necessarily be able to resolve consultants. Pending 0 all disputes. It is also a requirement Disputes of the Native Title Act for the KLC The KLC also provided assistance to Native Title Application 2 to make all reasonable efforts to a number of RNTBCs in relation to disputes minimise the number of overlapping establishment, meeting assistance, Disputes relating to 1 ILUAs, rights of access & native title claim applications. The expert advice, resources, and other matters dispute resolution function provides governance and compliance matters. Requests for review of decisions not to assist an important mechanism to ensure Requests the KLC is responsible for streamlining Received 0 native title processes and improving Completed 0 certainty for parties involved in native title matters.
Kimberley Land Council 2016-17 Annual Report 13 The KLC represents many native title claim groups and RNTBCs to facilitate non- commercial negotiations for agreement- making with third parties in relation to native title. The KLC has been extremely successful at negotiating positive agreements, such as ILUAs on behalf of Traditional Owners.
MEMBERS OF KLC BOARD AT KLC BOARD MEETING, DERBY 2017
There are two separate types of The Review Committee assesses Certification complaints: the application and determines if In line with its statutory responsibilities, • complaints about a decision of the the decision made by the Grants the KLC certifies native title Native Title Grants Committee Committee was fair and proper. If applications for the determination of • complaints about other decisions or the applicants are still not satisfied, native title and applications for the actions of the KLC or its staff they can request to have the decision registration of ILUAs. reviewed under the Administrative Internal review Decisions (Judicial Review) Act, 1977 Notification (ADJR), and s203FB of the Native Title The KLC has a Grants Committee that The KLC ensures that native title Act (1993). assesses new applications for native holders and claimants are informed title claim assistance. The committee about any Future Act notices that are Native title dispute resolution is comprised of KLC directors and received and could potentially affect assesses each application before It is the KLC’s policy to endeavour to native title rights and interests. The KLC making a decision. If the Grants resolve all disputes relating to native works to provide advice to native title Committee rejects an application title applications by consultation at holders and claimants while informing for assistance, the KLC gives clear, claimant meetings and during the them of relevant time limits in which to written reasons for that decision and course of claim preparation. respond to any such notices. lets the applicants know about their right to have the decision reviewed. The KLC facilitated mediations between The KLC also has its own internal The applicants can seek to have native title claim groups on two notification process for informing the decision looked at again by the separate disputes under its dispute native title holders and claimants of KLC’s Review Committee. The Review resolution functions, and is working any claim group meetings. The KLC Committee is made up of the KLC towards facilitating dispute resolution Chairman and four directors (who were on a third matter. not on the original Grants Committee).
14 Kimberley Land Council 2016-17 Annual Report KLC CHAIRMAN ANTHONY WATSON AND SPECIAL ADVISER PATRICK MUNG AT THE KLC AGM, WARMUN COMMUNITY 2017 endeavours to keep extensive and The KLC Board policy and procedure contracts in the reporting period up-to-date claim group member lists for controlled material, which is and issued variations on 27 existing and contact details. Native title holders managed through the Research, contracts awarded in previous financial and claimants are notified of claim Ethics and Access Committee, has years. Consultants were contracted group meetings through posted and managed materials from within the KLC to undertake a range of services for hand-delivered letters, emails, phone collection for a number of years. The the KLC, including providing legal calls, the posting of notices on public KLC has policies and procedures for the advice, expert anthropology services, boards throughout the Kimberley and process to return native title materials cultural services and other services advertising in local newspapers. to native title groups. The process including corporate and financial. provides support to groups on how NTRB consultant and service contracts Agreement-making they might have materials returned. expenditure for the 2016-2017 The KLC represents many native title The policy addresses how a group reporting period totalled $1,935,858. claim groups and RNTBCs to facilitate might want to manage and look after The KLC also awarded three funding non-commercial negotiations for the materials including how materials contracts to claim groups with external agreement-making with third parties might be accessed. The KLC will work representation, which accounted for in relation to native title. The KLC initially with certain categories of $868,691 in total. has been extremely successful at materials, of most relevance to groups. negotiating positive agreements, Groups will be responsible for how such as ILUAs on behalf of Traditional materials will be returned and the Owners. ongoing management of the materials.
Return of native title materials Consultants, competitive tendering and contracting The KLC holds a significant collection of material from many years of The KLC awarded 14 Native Title undertaking native title claim work. Representative Body consultancy
Kimberley Land Council 2016-17 Annual Report 15 Assisted - Assisted - Assisted - A. Applications 2016-2017 Not Assisted Region Total Represented Briefed Out Other Active Applications @ 30 June 2016 22 2 2 26 Active Applications @ 30 June 2017 22 3 2 27
New applications filed (1 July 2016 to 30 June 2017): - new claims 1 1 - replacement claims
Applications amended 1 July 2016 to 30 June 2017
Applications finalised 1 July 2016 to 30 June 2017 - Determinations: NT exists - Determinations: NT does not exist - Dismissal - Strike out - Withdrawal
- Other (identify) Total Applications finalised 1 July 2016 to 31 March 2017 B. Determinations 2015-16 Total Determinations in region to 31 March 2017 (ie all up) - NT exists 29 29 - NT does not exist Estimated number of groups yet to have applications filed in Claimant Compensation Total region 11 unknown 11
C. PBCs as at 30 June 2017 Agent Trustee Total Number in Region 14 Number yet to be established (ie Determination, but no PBC as yet) Number assisted by NTRB 11
C. NTRB ILUA/Future Act Activity in 2016-17 as at 30 June 2017 (1 July - 30 June 2017) Notification Received Number Agreements Finalised Number ILUA Notifications received (to be negotiated) 0 Total ILUAs registered at 30 June 2017 36 S29 Notifications (not expedited procedure) 1 July 2016 to 30 June 5 ILUAs under negotiation at 30 June 2017 5 2017 S29 Notifications (expedited procedure) 1 July 2016 to 30 June 164 ILUAS executed but not registered at 30 June 2017 10 2017 Objections to expedited procedure lodged 1 July 2016 to 30 June 117 S 31 agreements executed at 30 June 2017 8 2017 Other Future Act notifications (including right to comment) 2016-17 24 Other future act/native title agreements executed 1 July 0 2016 to 30 June 2017
Other Objections lodged (s24MD(6B)(d) 1 July 2016 to 30 June 2017 1 Other (non native title) agreements executed (eg Heri- 49 tage) 1 July 2016 to 30 June 2017
16 Kimberley Land Council 2016-17 Annual Report Executive roles and responsibilities Executive roles and responsibilities
KLC Board
KLC CEO
KLC Deputy CEO
Corporate Finance Legal Native Title Land and Sea KLC Cultural Services Unit Unit Unit Services Unit Management Unit Enterprise Hub
Board of Directors Directors are elected to the Board of Prime Minister and Cabinet to every two years, with the last election inform them about policy and funding Our directors are elected by our occurring in September 2016. Anthony changes to Native Title Representative members to represent the interests of Watson was re-elected as the Chair and Bodies. Kimberley Aboriginal people. Members Merle Carter was elected as the Deputy are only eligible to be a director by Chair of the KLC. The Chair and Deputy In February 2017, a number of KLC being nominated by a RNTBC or a Chair are responsible for making sure Directors undertook a two-day native title claim group. There is a the KLC functions effectively. They mediation and dispute resolution maximum number of 32 directors provide leadership to the KLC, the training, facilitated by the Australian on the Board, including four cultural Board of Directors, the CEO and staff. Disputes Centre. advisers. They also act as the organisation’s
spokespeople and the interface In late April 2017, the KLC Chairman The KLC Board of Directors provides between the KLC and the broader and CEO attended the United Nations leadership and direction to the community. Permanent Forum in New York City. organisation and ensures it operates
properly and fairly on behalf of all its The KLC Board of Directors meets a In June 2017, a small contingent of members. At the end of the reporting minimum of four times a year to set the KLC Directors attended the National period, the Board of Directors direction of the organisation, establish Native Title Conference in Townsville, comprised 26 people representing priorities and direct the development Queensland, to represent the the majority of native title claim of the strategic and operational plans. organisation and take part in a number groups across the Kimberley. Four of sessions and workshops addressing cultural advisers are included as part the current issues and trends in of the Board and work with directors, Director training and native title and PBC development and members and Traditional Owners to development capability. provide expert cultural advice, offer In 2016, the KLC Board received support and guidance. governance training provided by representatives from the Department
Kimberley Land Council 2016-17 Annual Report 17 KLC BOARD OF DIRECTORS ATTENDANCE JULY 2016 TO JUNE 2017
Executive Director Executive Director * Period: July 16 - June 17 No. of meetings (out of 4) Bobetta Albert 4 Kathy O’Reeri 4 Anthony Watson (Chairman) 4 Elizabeth Lulu 3 Merle Carter 4 Gordon Marshall 4 Albert Cox 4 Irene Davey (Cultural Adviser) 3 Francis Djiagween 1 Executive Director Executive Director *Period: July 16 - September 16 No. of meetings (out of 2) Phillip McCarthy - Director term ended 21/9/16 2 Tom Birch - Director term ended 21/9/16 2 Rosie Nunju - Director term ended 21/9/16 2 Peter Murray (Special Adviser) Director term ended 21/9/16 2 John Watson (Special Adviser) Director term ended 21/9/16 2 Dwesmond Wiggan-Dann - Director term ended 21/9/16 1 Tom Lawford - Director term ended 21/9/16 1 Maria (Marmingee) Hand (Special Adviser) - Director term ended 21/9/16 1 Keith Andrews - Director term ended 21/9/16 0 Minetta Farrer - Director term ended 21/9/16 0 Pearl Gordon - Director term ended 21/9/16 1 Catherine Goonack - Director term ended 21/9/16 0 Yvonne Birrell - Director term ended 21/9/16 0 Bonnie Edwards (Deputy Chair) - Director term ended 21/9/16 0 Emily Carter - Director term ended 21/9/16 0 Ismahl Croft - Director term ended 21/9/16 0 Andrew Daylight - Director term ended 21/9/16 0 Gabriel Nodea - Director term ended 21/9/16 0 Executive Director* - newly elected to the board on the 21/09/2016 Executive Director *Period: September 16 - June 17 No. of meetings (out of 2) Cecilia Gore-Birch 2 Elizabeth Jingle 2 Valarie Wiggan 2 Greg Tait 0 Shirley Purdie 1 Shirley Drill 2 Frank Davey 2 Marion Dolby 2 Joy Nugget 1 Glenn Bonney 2 Marianne Skeen 2 *Veronica McKeon 0 Felicity Smith 1 Wayne Bergmann - Cultural Adviser 2 Patrick Mung - Cultural Adviser 0 Jean Malay - Cultural Adviser 2
18 Kimberley Land Council 2016-17 Annual Report The Kimberley Land Council executive management team is responsible for the management of staff and organisational performance.
Corporate Governance The KLC acknowledges the support Tyronne Garstone of the Department of Prime Minister Deputy CEO The KLC has an effective corporate and Cabinet and other funding bodies governance structure that enables the which support the KLC in operational Peter Logvyn organisation to deliver on its mandate and activity-based programs. However, Chief Financial Officer and achieve native title outcomes for the KLC continues to struggle to Kimberley Aboriginal people. reduce ever-increasing costs amid a Kevin Murphy
lack of resources. Holding on-country Principal Legal Officer Working under the direction of the meetings and providing travel and Board are the Chief Executive Officer accommodation arrangements for Erika Blades (CEO) and Deputy CEO, who are Traditional Owners, directors and Native Title Services Manager assisted by a management team. staff continues to be challenging, The CEO is responsible for the day particularly when working in extremely Sarah Parriman to day operational matters and remote parts of the Kimberley. Corporate Services Manager administration of the organisation. Senior managers have responsibility for Sarah Parker the operational teams which carry out KLC management team Human Resources Manager the organisation’s work. The Kimberley Land Council executive
management team is responsible Will Durack The senior management team meets for the management of staff and Land and Sea Management Unit regularly to review progress and ensure organisational performance. Manager any upcoming or potential issues are dealt with to reduce any financial or As the Chief Executive Officer of Adriadne Gorring operational risk. the Kimberley Land Council, Nolan Strategic Business Development Officer Hunter is responsible for the day-to- Stringent financial and operational day operational and administrative procedures are maintained and applied management of the KLC, including Salary levels & awards to make sure the organisation is overseeing the operations of the Remuneration of all KLC staff members effectively managed. The KLC employs Deputy CEO, corporate services, is determined by the Kimberley a Chief Financial Officer, who is a financial, legal, land and sea Land Council Enterprise Agreement Chartered Accountant and forms part of management and native title services 2014-2017. Salary scales within the the KLC’s senior management team. units. The CEO is the interface between document relate to a performance the Board of Directors and KLC staff. assessment scheme and staff The KLC has its head office in Broome The CEO also works to achieve the performance is reviewed on an annual and branch offices in Derby and strategic aims of the organisation. basis. Nine employees from within the Kununurra as well as remote area executive management team were paid ranger bases in Wyndham, Gibb The CEO is assisted by a management more than $100,000 in the reporting River Station, Kalumburu, Warmun, team which at June 30, 2017 included: period. Mulan, Bayulu, Fitzroy Crossing, Jarlmadangah, Bidyadanga, Beagle Bay and One Arm Point.
Risk management
Kimberley Land Council 2016-17 Annual Report 19 KLC STAFF AT THE 2017 NAIDOC DAY CELEBRATIONS, BROOME.
Understanding the risks we face and The senior management team is the KLC’s policies and procedures and managing them appropriately will responsible for devising the activities, the KLC Code of Conduct. enhance our ability to make better services and projects necessary to decisions and deliver on our aims and manage risk. The management team External scrutiny objectives. meets regularly to review progress and An annual financial audit was identify upcoming issues and regularly conducted by Moore Stephens WA Pty In this reporting period, the KLC reports back to the Board of Directors. Ltd and can be found in the Financial has undergone an extensive risk The KLC is proactive in identifying Statements section of this Annual management review process to potential financial and operational Report. determine the management and issues to ensure appropriate action accountability of strategic, operational is taken to minimise or exclude those There were no judicial or administrative and financial risks. KLC has established risks. tribunal decisions in relation to the KLC a risk management framework to during the reporting period, other than develop a systematic approach to the Ethical standards legal decisions that affected native title identification and management of risk. All Kimberley Land Council employees decisions generally. are required to maintain high standards The Board of Directors is ultimately of honesty, integrity and respect while Service charter standards responsible for risk management behaving in an appropriate and fair and it approves the organisation’s The KLC has no service charter or manner. risk appetite as recommended by customer service standards but uses the senior management team and a process of complaints management Employees conduct their work must regularly review, approve and instead. in accordance with the ethical maintain oversight of the organisation’s standards relevant to their particular risk management policy. The Board Detailed information on how a professions and codes of conduct. Staff receives updates about key risks, complaint can be made and managed performance guidelines are included in changes in risks and emerging risks. is publicly available and can be found
20 Kimberley Land Council 2016-17 Annual Report Detailed information on how a complaint can be made and managed is publicly available and can be found on the KLC website at www.klc.org.au/complaints
on the KLC website at www.klc.org.au/ complaints
Written complaints are referred to the CEO or delegate for assessment. In cases where it is appropriate to respond, the Chief Executive Officer refers the complaint to an appropriate person to manage the resolution process, allocate a priority response time and to case manage responses required to deal with the complaint.
Complaints The KLC received two complaints in the reporting period. Both complaints were resolved in accordance with our complaints process outlined as part of the KLC’s policies and procedures.
Kimberley Land Council 2016-17 Annual Report 21 Strategic Plan StrategicKIMBERLEY Plan LAND 2016-2020 COUNCIL STRATEGIC PLAN 2016-2020 ll Native Title se a clai ali m ms L in l and e powere o F ona d P y cti BC o tr un s k n F a u f Vision: t o e c Ranger Native Title r “The Kimberley Land Operations k Claim c Services c Monitoring o a & Evalua- Council is a community tion u b Native Title m Gro n lai up Grant & Future t organisation working for and t C s Contract Acts r e Manage-
ment y P with Traditional Owners of G r
Traditional e e Owners t Economic Legal & s a & Enter- Policy c r the Kimberley, to get back r o prise i p b r Develop- ed o ment country, to look after country, Bodies C Political Business and to get control of our Advocacy Development Future Acts Governance S s s future.” t ht n F re g o in n ri ti a gth le a nc ene e Tit er ia d Nativ op lly LC sustainable K Ge re t c utu ontrol of our f KLC’s Strategic Objectives
Strategic Plan • Facilitation and assistance for annual With the future growth in claim Strategic Objective general Objectivemeetings andDescription Director resolution andServices PBC development, In the past three years the KLC meetings the KLC needed to develop a targeted experienced a steady increase in the Finalise all native title claims • AllDispute claims over resolution land in the Kimberley region are • supportstrategic activities plan that and assist framework traditional ownersfor to number of PBCs requiring support resolved. get native title over their traditional lands • Native Title compensation • provideoperational high standard planning Native Title to Representativestructure KLC’s services and a significant increase in claims and Indigenous Land Use Bodyengagement (NTRB) services with PBCs now and into the range of services being requested Agreements. the future. by PBCs.Functional and empowered prescribed body Prescribed body corporate board members are • develop and put in place processes that assist corporates able to meet their statutory requirements and Traditional Owners to make and carry out secure positive outcomes for their members from decisions that affect their own futures, and the Further to the KLC’s NTRB statutory The KLC prides itself on being highly While the core function of KLC native native title. futures of their communities and society functions, the KLC also engages with • supportengaged and facilitate with itsnegotiations members with and third title work is to resolve native title parties to make sure Traditional Owners are well PBCs on a range of Land and Sea stakeholders and is being responsive claims, the KLC continues to provide placed to make informed decisions about devel- Management projects that support opmentand flexibleon their lands in its operations to meet a number of support services to • assist Traditional Owners to develop and put in native title rights and interests. These new challenges and opportunities. PBCs. The services provided are place agreements with other parties projects are initiated and directed • undertake activities that assist and support broadly identified under the KLC’s opportunities that allow Traditional Owners to by the PBC and are managed and The KLC Strategic Plan for 2016- statutory functions as a Native Title make an economic living from their lands delivered by the KLC. Projects have 2020 has been developed with an Representative Body (NTRB) and can Financially sustainable KLC operations included:The KLC is able to meet the priority needs of its • enhanceincreased the opportunities level of input for fee forfrom service our include: constituents and has the resilience and adapt- work through improved costing of service • abilityRangers to respond to a changing legislative, policy deliverysenior management and team • Notification functions including • andFire funding management sources, whilst caring for staff and • establishleaders new as capability a means for generating of harnessing income our advice on Future Acts environment from on-country activities (Enterprise Develop- • Threatened species mentconsiderable Hub) organisational knowledge • Agreement making including • Carbon trading • processesto complement for managing money,and enhance managing infor our- consultation of native title holders, mation, and communicating • Indigenous Protect Areas • processesmembers’ for looking aspirations after and managingthrough staff the informed consent and authorised • National Heritage Listing • ensuredevelopment sufficient funds, of our office strategic facilities objectives and certification equipment to support efficient and effective operationsframework. • build strong relationships with governments and other parties
22 Kimberley Land Council 2016-17 Annual Report The KLC prides itself on being highly engaged with its members and stakeholders and is being responsive and flexible in its operations to meet new challenges and opportunities.
ANIMAL TRACKS, BARDI COUNTRY
The process highlighted the growing importance, post determination, of PBCs as a key customer of the KLC, and the strong alignment between our teams for our role in supporting the development of sustainable PBC self-reliance. To achieve this and other goals we also recognise the need to ensure the KLC is financially sustainable and works collaboratively to support Traditional Owners achieve their aspirations by strengthening PBC capacity and finalising all native title claims.
Kimberley Land Council 2016-17 Annual Report 23 Our organisation Human Resources
Law National Conference and 25 Years of Native Title Anthropology.
In addition to the Aurora Programs, the KLC has provided other training opportunities such as mediation and dispute resolution, leadership and a variety of professional development courses for individual staff members. The KLC had a large number of representatives attend the National Native Title Conference in Townsville.
The Kimberley Ranger Network supports rangers completing a variety CHAD CREIGHTON (NATIVE TITLE), ZACK WUNDKE (LAND AND SEA MANAGEMENT UNIT) AND SARAH PARKER (CORPORATE SERVICES) of certifications, including Certificates in Conservation and Land Management Staff turnover and retention full-time employment with the KLC and business, literacy and numeracy as they complete qualifications in training, leadership and professional At 30 June 2017 a total of 108 people Conservation and Land Management development. were employed at the KLC. Our staff and progress into senior leadership turnover rate was 22 per cent which is roles. KLC Enterprise Agreement a decrease of 2 per cent from 2015- 2016. The staff turnover rate at the The Kimberley Land Council Enterprise KLC regularly fluctuates depending on Indemnity insurance Agreement 2014-2017 is currently projects the organisation is managing. KLC staff are covered for professional operating within the organisation. indemnity insurance to the value of $10 This agreement sets out the terms and During the reporting period, there were million. conditions of employment at the KLC 20 new starters with 35 per cent being and is registered and approved by Fair Indigenous people. Learning and development Work Australia. The KLC is committed to providing STAFF NUMBERS JUNE 30, 2016* Indigenous employment learning and development The KLC has an Indigenous opportunities to our employees. employment rate of 45 per cent. We June 30, June 30, 2016 2017 aim to continue to see growth in this As part of attaining their practice Full time 88 90 area and will look to build on strategies certificates, KLC Legal Team members Part time 15 18 to increase the capability of Indigenous are required to attend compulsory people to support recruitment professional development. The KLC Male 59 59 activities. continues its partnership with the Female 44 49 Aurora Project and through this staff Under 25 3 2 The KLC also facilitates the Kimberley have been involved with a number of Indigenous 48 49 Ranger Network which employs about training opportunities directly related Total 103 108 80 full-time rangers annually as well to native title, including courses and Employees as a number of administrative and conferences such as Native Title regular casual rangers. In recent years Compensation, Lessons Learned in a number of rangers have commenced Native Title Litigation, Environmental *This figure does not include Kimberley Group Training rangers or casual staff
24 Kimberley Land Council 2016-17 Annual Report Performance Report Performance Report
EXTRACT FROM MAP SHOWING MIDDLE DAMPIER PENINSULA TRIAL AREA
Introduction provide support services to PBCs. This for three weeks in April 2016. Expert support took the form of direct funding evidence was heard in Broome for a The KLC has been extremely successful support to 11 PBCs, as well as through week in November/December 2016, in achieving positive native title certification functions and Future Act and closing arguments were heard in outcomes for Kimberley Aboriginal support where requested. April and June 2017. In total, the trial people. At the end of the reporting took 44 days of Court time, and many period, approximately 80 per cent of months of preparation by both the the Kimberley was determined native Significant events and changes KLC and the many Traditional Owners title land and waters, recognised by the Litigation of the Middle Dampier who gave evidence. Litigation of this Federal Court of Australia. Peninsula native title claims nature requires significant resourcing. (Goolarabooloo, Bindunbur and The KLC recognises the very difficult There have been 29 successful native Jabirr Jabirr) commenced on 21 process for Traditional Owners in title determinations in the region September 2015, with Federal Court giving evidence and appreciates to date and there are a total of 14 hearings in Broome and on country the significant contribution given by RNTBCs (PBCs) that hold on trust or over a three-week period to hear them and their families who have manage as agent the native title rights evidence from members of each of worked very hard and often under and interests recognised under these the claim groups. Further evidence stressful circumstances. The hearing determinations. The KLC continued to was heard in Broome and on country of the claims is now complete and
Kimberley Land Council 2016-17 Annual Report 25 The Oil Basins judgment is an important win for native title holders in the region and sends a clear message to companies that wish to question, hold up or thwart native title processes that they can face severe monetary consequences.
proposed under pastoral ILUAs. These issues also raise concerns over the influence parties have in leveraging ILUAs as a condition to their agreeing to Native Title recognition. This places Traditional Owners at a disadvantage as pastoralists put to ransom native title rights in order to pressure groups to agree to unreasonable terms.
Agreements - KRED Enterprise In March 2011, the KLC established the Ambooriny Burru Foundation, a charitable venture to facilitate PENDER BAY, BARDI JAWI COUNTRY Kimberley Aboriginal people’s engagement in the expanding regional KLC expects to receive the decision of In early July 2017, the Full Federal economy. Justice North in late 2017 or 2018. Court of Australia dismissed the third consecutive appeal by Oil Basins Ltd Establishing the foundation fulfilled Litigation also continued this year in against the original costs order made the long-term vision of Kimberley the matter of Oil Basins Ltd. In 2013 Oil by Justice Gilmour. The Kimberley Land Aboriginal people to get control of their Basins Ltd challenged the connection Council has been representing the future through increased opportunities of Nyikina Mangala Traditional Nyikina Mangala people throughout and economic independence. Owners to their lands, located in the the long running court proceedings. Kimberley region of WA. Oil Basins Ltd As part of the Ambooriny Burru lodged the challenge despite the State The judgment is an important win for Foundation, the KLC also established Government having already accepted native title holders in the region and KRED, which seeks out and develops the connection of the Nyikina Mangala sends a clear message to companies business and job opportunities for people and without the company that wish to question, hold up or thwart Kimberley Aboriginal people, on behalf having any evidence stating otherwise. native title processes that they can of the foundation. The actions forced the start of trial face severe monetary consequences. proceedings before the company For the Nyikina Mangala people, the In the reporting period, the KLC suddenly changed its mind, reversing KLC hope they will feel vindicated by continued to contract out its function its opposition to the validity of the this ruling and that this long-running to negotiate commercial agreements native title claim. In November 2014 matter can finally be resolved. with mining companies to KRED, as Justice Gilmour ordered that Oil Basins it has the expertise and resources Ltd pay the Nyikina Mangala people’s The risk of further litigation was of required to represent Traditional costs because of its “thoroughly concern this year with significant Owners and negotiate economic unreasonable conduct”. issues being raised by Traditional opportunities for Kimberley Aboriginal Owners over the conditions being people.
26 Kimberley Land Council 2016-17 Annual Report 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).
Under this arrangement the KLC, exploration activities have the benefit also add to the large Future Acts in line with its function as a Native of certainty in knowing they are workload. Title Representative Body, remains a engaging with the right Traditional representative of native title claimants. Owners who have authority for that ILUAs It is up to individual claim groups to area and that subsequently the activity decide if they want to use the services undertaken is free from risk. The KLC finalised seven Indigenous of KRED or not. Land Use Agreements (ILUAs) and a In the 2016-17 period, the KLC received further five ILUAs were in negotiation Through the strong partnership 193 Future Act notifications, including during the reporting period. between the KLC and KRED, native 164 active mining expedited procedure title groups are able to receive a high matters. The KLC filed 117 objections These ILUAs are in various stages of standard of representation and support to the expedited procedure matters negotiation and for many of these when making important decisions and the KLC successfully negotiated ILUAs the KLC must negotiate the about what happens on their country. 49 Heritage Protection Agreements terms of a funding protocol before (including 16 deeds of assignment). any substantiative negotiations can The KLC Native Title Future Act team take place. These negotiations, along Mining Future Acts has been under significant pressure to with other third party negotiations The KLC, on behalf of Traditional Owner manage a high volume of work which are creating staffing capacity issues groups, continued to respond to a high arises when there are variations to The costs in preparing the often number of Future Act notices received existing agreements. The procedures detailed negotiation protocols are not as a result of companies wanting to relating to agreement variations have specifically funded under KLC’s native explore or mine resource-rich country developed in light of the High Court’s title program and the proponents who in the Kimberley. The reluctance of decision in State of Western Australia require the ILUA agreements are often companies to enter into Heritage v Brown [2014] HCA 8. While the unprepared or unwilling to contribute Protection Agreements with Traditional decision in Brown provides greater to the full costs of negotiations. Owner groups is concerning, as is the legal certainty for native title holders increasing pressure on Traditional and claimants, the processes adopted There has also been an increase in Owners to take matters to inquiry following that decision for agreement applications by Traditional Owners to with the National Native Title Tribunal variations have placed additional undertake business activities on their (NNTT). Despite the KLC achieving resource burdens on the KLC and its country. The KLC has requested the WA some strong wins on matters that staff which are not recoverable under Department of Lands to negotiate a went before the National Native Title the terms of Heritage Protection standard ILUA for lease applications but Tribunal, the trend in negotiations Agreements. the State is unresponsive to initiating with most companies appears to be proactive resolution of a standard adversarial. In the reporting period, There has been a significant number ILUA to streamline land applications, the KLC continued to emphasise to of miscellaneous licence applications specifically where they promote companies the long term benefits of for related mining matters such as Indigenous development. The KLC working in partnership with Traditional roads and bores. As this often gives will continue to engage government Owners to respect Aboriginal heritage Traditional Owners the right to object, towards a streamlined approach. and community values. the KLC is required to negotiate with proponents for benefits where Companies that negotiate Heritage historically this may previously not Protection Agreements to undertake have been available. These matters
Kimberley Land Council 2016-17 Annual Report 27 THE MINISTER FOR ABORIGINAL AFFAIRS LAND TENURE REFORM ROUNDTABLE, JUNE 2017, BROOME
RNTBC/PBC support and This includes specifically to “develop • Various templates and checklists for development and put in place processes that assist PBCs to help guide them through Traditional Owners to make and their functions and responsibilities. From 2001, the KLC has assisted in carry out decisions that affect their establishing 14 PBCs in the region own futures, and the futures of their and has provided ongoing support Additionally, under the Strategic communities and society”. in both funding and staffing support Objective for “Functional and for 11 PBCs. The level of assistance is empowered prescribed body A key performance indicator identified dependent on the needs of the PBC, corporates” the KLC has been under this objective is to “develop and ranging from administrative support supporting PBCs to send implement a PBC capability and service and legal advice through to logistical representatives (CEOs and prioritisation framework”. operational support, governance and Chairpersons) to meet in a Kimberley facilitation assistance. regional collaborative forum. KLC’s engagement with PBCs in delivering the CASP Framework The KLC is also developing a range of These forums were held in December achieves this objective. PBC resources and services to better 2016, February 2017 and June 2017. support PBCs. This has included The collaborative forum links PBCs Through the CASP Framework the KLC engaging with the PBCs to identify to opportunities and provides for the has been able to target priority services what their needs for support services sharing of information and discussion which has included developing: are, which is being identified through on regional issues that impact PBCs. • Newsletters for PBCs that include the outcomes that are emerging from relevant information for PBC the KLCs PBC Capability and Service For instance, the June forum linked operations Prioritisation (CASP) framework. PBCs into the current initiatives being • Services for organising director considered by the Minister of Aboriginal Under the KLC Strategic Plan 2016- meetings and AGMs Affairs regarding land tenure reform 2020, the CASP Framework engages • PBC specific training packages and ALT land divestments. the strategic objective for “Functional • PBC board induction packages and empowered prescribed body • Services for employing and corporates”. managing staff
28 Kimberley Land Council 2016-17 Annual Report Native Title Claim Updates East Kimberley Region
BALANGGARRA COUNTRY
Jaru - Native title claim The Jaru claim is under close case kilometre area between the O’Donnell management by the Federal Court. Range, the Ragged Range, the Evelyn The KLC received instructions from Range and the Pitt Range. Traditional Owners of the Jaru area to lodge a Jaru native title claim in Koonjie-Elvire - Native title claim Two claim group meetings have been October 2011. Subsequently, the Jaru The Koonjie-Elvire claim was registered undertaken with the claimants in the claim was filed February 15, 2012 and with the National Native Title Tribunal past reporting period. The first meeting was successfully registered with the on November 15, 1999. The claim was to obtain instructions regarding National Native Title Tribunal March 16, covers an area of land south-west of the claim either being incorporated 2012. The claim covers an area north Halls Creek and south of Kununurra in into the wider Kija claims or remain of the Tanami Desert and south of Halls the east Kimberley. independent. The claimants at the Creek and is comprised of the former meeting authorised the claim to Lamboo native title claim as well as The Koonjie Elvire claim is incorporated proceed as an independent claim. The previously unclaimed country in the under the broader Jaru connection second meeting was a section 66B east Kimberley to the south of Halls research. The Koonjie Elvire claim is to authorise new applicants as the Creek. being progressed concurrently with majority of the old applicants were the adjoining Jaru claim and is under either deceased and/or incapacitated. Research in support of the claim close case management by the Federal There is a claim group meeting continued throughout the reporting Court. scheduled for early in the 2017-18 period, with the engagement of an financial year to report back to the expert anthropologist to prepare a Goorring (Lumugal) - Native title claimants on the progress of the claim connection report. In addition to the claim and the upcoming research for the previous research undertaken in 2015, The Goorring claim, originally called completion of a connection report. on-country research was undertaken Lumugal, was registered with the during the June 2016 into September National Native Title Tribunal on The Goorring native title claim 2016 period. An expert connection February 17, 2006. The claim was connection research will be undertaken report has been finalised and sent lodged in response to a Future Act by KLC’s in-house senior anthropologist to the State for their review and application and covers an 11 square early in the new reporting period. consideration.
Kimberley Land CouncilNative 2016-17 title Annualclaim updates Report 29 The Malarngowem claim is being progressed concurrently with the Ngarrawanji, and Yurriyangem Taam claims and is under close case management by the Federal Court.
PURNULULIU CLAIM GROUP MEETING, 2017
Argyle grazing lease carried out alongside the Kija and Jaru with the National Native Title Tribunal claim work from July to September in on February 4, 2000. The claim covers Argyle Diamond Mine is presently in 2015 with a meeting held in October an area north east of Halls Creek. The the process of winding up and as per 2015 of all persons who hold or may KLC invested significant resources to the agreement between the mining hold a native title interest to the area. progress this claim through conducting company and Traditional Owners Agreement on a claim over the Halls anthropological research, claimant a native title claim is to be lodged Creek area could not be reached. meetings and mediation, which once the mining lease concludes. As Further work to mediate native title included a series of family group such the Kimberley Land Council will interests over the Halls Creek area and meetings and large claim group need to hold a claim group meeting to develop a native title claim will be meetings from June through to October to authorise a new claim. Connection progressed at a later date. 2015 to verify the anthropological research for the native title claim will research and to identify all families with be undertaken by a KLC in-house senior In the absence of a native title claim, native title connection to the claim anthropologist in the middle of the new the KLC continues to encourage Future area. reporting period. Acts in the area to consult with the Halls Creek Land Housing and Heritage The Malarngowem claim is being Halls Creek - new native title Board that was established through progressed concurrently with the claim application the Jaru and Kija native title claim Ngarrawanji, and Yurriyangem Taam Research into the native title interests groups during 2009/10 to provide claims and is under close case within the currently unclaimed Halls recommendations on heritage and management by the Federal Court. Creek area has progressed where development in Halls Creek. specific families with rights to speak An expert connection report for these for that unclaimed area are being Malarngowem - Native title claims has been completed and was identified, so that a claim over that claim provided to the State in May 2016. area can be developed. Further field The Malarngowem claim was registered research and family consultations were
30 Kimberley Land Council 2016-17 Annual Report Balanggarra Traditional Owners waited more than 18 years for their native title interests to be recognised.
Ngarrawanji - Native title claim conducting anthropological research, Balanggarra Combined, claimant meetings and mediation, The Ngarrawanji claim was registered Balanggarra #3 and Balanggarra which included a series of family with the National Native Title Tribunal #4 - Native title claims and PBC group meetings and large claim group on June 25, 1996. The area covers the RNTBC meetings from June through to October Moola Bulla pastoral lease and some The Balanggarra native title area is 2015 to verify the anthropological small areas of reserves and unallocated covered by three claims – Balanggarra research and to identify all families with Crown land around Halls Creek. Combined, Balanggarra #3 and native title connection to the claim Balanggarra #4. area. The KLC invested significant resources to progress this claim through The Balanggarra Combined and The Yurriyangem Taam claim is being conducting anthropological research, Balanggarra #3 claims were progressed progressed concurrently with the claimant meetings and mediation, concurrently and determined in full for Ngarrawanji and Malarngowem claims which included a series of family Balanggarra Combined and in part for and is under close case management group meetings and large claim group Balanggarra #3 on August 7, 2013. On by the Federal Court. meetings from June through to October November 27, 2015 the Balanggarra #4 2015 to verify the anthropological claim was determined. An expert connection report for these research and to identify all families with claims has been completed and was native title connection to the claim The claim areas cover more than provided to the State in May 2016. area. 30,343 square kilometres of country in the north Kimberley including the The Ngarrawanji claim is being Purnululu - Native title claim Wyndham township, Kalumburu, progressed concurrently with the The Purnululu claim was registered Oombulgurri and Forest River Malarngowem and Yurriyangem with the National Native Title Aboriginal reserves, Carson River Taam claims and is under close case Tribunal on March 27, 1995 and was pastoral lease, parts of the Drysdale management by the Federal Court. subsequently amended and re- River National Park and unallocated
registered on October 15, 1999. The Crown land at Cape Londonderry, An expert connection report for these claim covers the Purnululu National Carson River and the Cambridge Gulf claims has been completed and was Park in the east Kimberley and Coast. Balanggarra Traditional Owners provided to the State in May 2016. surrounding areas. waited more than 18 years for their native title interests to be recognised.
Yurriyangem Taam - Native title Research for the Purnululu native The outstanding native title claim claim title claim was undertaken with field research occurring 15-24 June 2016, in part Balanggarra #3, concerns six The Yurriyangem Taam claim was 12-23 July 2016, 4-10 Sept 2016, 27-31 blocks in the town of Wyndham and registered with the National Native March 2017 and 17-19 May 2017. A has been the subject of negotiations Title Tribunal on October 29, 2010. native title claim group meeting was for nearly two years between the The claim is comprised of core Kija held on 19-20 April 2017 to review the Balanggarra claimants, represented by country, located north-east of Fitzroy research findings. Further research to KLC, and the State of Western Australia. Crossing towards Kununurra in the east finalise a connection report will occur The matter has recently been resolved Kimberley. 7-19 August 2017. with both parties agreeing to settle the claim by way of an ILUA, the terms The KLC invested significant resources The Purnululu claim is under close case of which are confidential. However to progress this claim through management by the Federal Court. in June 2017 there was an objection
Kimberley Land Council 2016-17 Annual Report 31 The Tjurabalan native title claim was determined on August 20, 2001.
TJURABALAN DIRECTORS MEETING, MARCH 2017 to the ILUA lodged that will require KLC also provided assistance to Tjurabalan - PBC/RNTBC investigation by the National Native facilitate Balanggarra’s engagement in: The Tjurabalan Native Title Land Title Tribunal. • Negotiations on an ILUA with the Aboriginal Corporation (TNTLAC) State regarding the Kimberley RNTBC manages and holds on trust The Balanggarra Aboriginal Science and Conservation Strategy. the native title rights and interests on Corporation RNTBC manages and Meetings have completed and the behalf of the Tjurabalan people. holds on trust the native title rights and ILUA was registered 19-05-2017 interests on behalf of the Balanggarra • Meetings regarding the transfer of a The Tjurabalan native title claim was people. pastoral lease. The current holder of determined on August 20, 2001. The
the pastoral lease later decided to claim is in the Tanami Desert region, in The KLC, in its role as a Native Title retain the pastoral property. the far south-east of the Kimberley and Representative Body, continues to work • Negotiations with Delaware North on includes the Aboriginal communities with the Balanggarra people to provide an ILUA for El Questro. Negotiation of Ringer Soak, Billiluna, Mulan and ongoing support and assistance to meetings completed. Authorisation, several outstations. the PBC. With assistance from KLC, lodgement and registrations of Balanggarra Aboriginal Corporation the ILUA to be finalised in the new It was the first consent determination held directors’ meetings on 23 August reporting period. to be reached in the Kimberley, taking 2016, November 2016, 14-16 February approximately 6 years from when the 2017, 9-11 May 2017. The AGM was • Litigation for the Balanggarra LAA claim was first filed in October 25, 1995. conducted in November 2016. It is Legal proceedings has begun and is also noted that there were 2 separate now waiting to hear from the State The KLC, in its role as a Native Title Native Title Holders meetings held in on its position (on the statement Representative Body, continues to work the previous reporting period 9-11 Aug of claim). The KLC has commenced with the Tjurabalan people to provide to authorise the KSCS State ILUA and collecting evidence in support of the ongoing support and assistance to the 24-25 Aug 2016 to authorise the town- statement of claim. PBC. With assistance from KLC, TNTLAC site ILUA.
32 Kimberley Land Council 2016-17 Annual Report It was the first consent determination to be reached in the Kimberley, taking approximately 6 years from when the claim was first filed in October 25, 1995.
held board meetings in August 2016, determined by consent in November RNTBC and the Miriuwung and 8-9 March 2017, 4 May 2017, 27-28 2012. Gajerrong #4 (Native Title Prescribed June 2017 and conducted the AGM Body Corporate) Aboriginal and director meeting 25-26 October The Wanjina Wunggurr Dambimangari Corporation RNTBC manage the 2016. Assistance has included logistical native title claim was determined on native title interests of Miriuwung and support for meetings (directors and May 26, 2011, twelve years after the Gajerrong people. AGM), administrative support in ORIC claim was filed in April 9, 1999. compliances, minutes for meetings Miriuwung and Gajerrong #1 native and recording of membership, as well The KLC, in its role as a Native Title title was recognised December 9, 2003 as legal advice regarding Future Act Representative Body, continues to and Miriuwung and Gajerrong #4 were matters. work with the Wanjina Wunggurr recognised November 24, 2006. The people and provide ongoing support Miriuwung and Gajerrong people KLC also provided assistance for and assistance to the PBC. The KLC reached a settlement agreement over the TNTLAC board to liaise with the assists in general compliance with the Kununurra town site and for the Department of Aboriginal Affairs, now the Corporation’s (Aboriginal and expansion of the Ord River irrigation Department of Planning, Lands and Torres Strait Islander) 2006, (CATSI Act) scheme in October 2005. Heritage in regards to the transfer of and in responding to Future Acts. It Lake Gregory and Billiluna pastoral has provided assistance on request leases. to related corporations on matters including governance practices. With assistance from KLC, WW PBC held Wanjina Wunggurr: Wilinggin, board meetings on 3 October 2016, Uunguu, Dambimangari - PBC/ 28 Feb 2017 and May 2017. The WW RNTBC PBC AGM had been scheduled for 28 The Wanjina-Wunggurr (Native November 2016; however the three Title) Aboriginal Corporation RNTBC Aboriginal Corporations had not yet manages and holds on trust the native held their AGMs resulting in the WW title interests of the three Wanjina PBC AGM being postponed until 28 Feb Wunggurr claims. 2017 with an extension from ORIC.
One of the first native title claims to be The KLC also facilitates the governance filed in the Kimberley, in July 17, 1995, structures between the Wanjina the Wanjina Wunggurr Wilinggin native Wunggurr RNTBC and the three related title claim was determined in August corporations, to ensure effective and 2004. The claim covers more than efficient working relationships between 60,150 square kilometres of country in the corporate entities. the central north Kimberley, including around the Gibb River Road. Miriuwung and Gajerrong #1 and The Wanjina Wunggurr Uunguu Part #4 - PBC/RNTBC A claim was determined by consent The Miriuwung and Gajerrong on May 23, 2011 while the Wanjina #1 (Native Title Prescribed Body Wunggurr Uunguu Part B claim was Corporate) Aboriginal Corporation
Kimberley Land Council 2016-17 Annual Report 33 Native Title Claim Updates West Kimberley Region
KARAJARRI COUNTRY
Bindunbur - Native title claim also made the difficult decision to In the meantime the KLC will be discontinue their claims to allow the discussing the governance structure of The Bindunbur native title claim Bindunbur claims to go ahead. One the PBC/s with the claimants so that provides a new approach to having Bindunbur claim, over the north, north- the preliminary work to structuring a native title recognised on the Middle east and central areas of the Middle PBC will be completed by the time a Dampier Peninsula. Native title Dampier Peninsula was registered with determination comes down. claimants on the Middle Dampier the National Native Title Tribunal on Peninsula strategically consolidated December 13, 2013. claims across their country as a way Jabirr Jabirr/Ngumbari - Native to speed-up and resolve native title. title claim The Bindunbur (Area B) claim (now Native title claimants on the Middle combined with Area A), over Carnot The Jabirr Jabirr/Ngumbari native title Dampier Peninsula share the same Bay, Sandy Point and the Lacepede claim was registered with the National system of laws and customs and Islands, was filed on April 24, 2014 and Native Title Tribunal on November 11, decided it would be better to resolve previously overlapped the Djabera 2013 and is represented by Blackshield native title as the one society rather Djabera claim. The Djabera Djabera Lawyers. The claim group of Jabirr than as individual tribal groups. claim was struck out by the Federal Jabirr/Ngumbari are also included Through this joint approach they Court in July 2015. in the claim group of the Bindunbur believe they can move forward with claim. The Jabirr Jabirr/Ngumbari native title after previous long delays The court proceedings took place over claim overlaps with the Goolarabooloo to the process. When combined, the six tranches throughout 2015/17 with claim over the area previously subject Bindunbur claims cover more than the final evidence heard in December to the Goolarabooloo Jabirr Jabirr 7,609 square kilometres of land and sea 2016 and final arguments in June claim, which was discontinued on country. 2017. Justice North will now make his September 20, 2013. The KLC provided decision, which could take as long as funding assistance to Jabirr Jabirr/ In July and October 2013, Jabirr Jabirr/ twelve months. Once the judgment Ngumbari to finalise their litigation Ngumbarl, Nyul Nyul and Nimanburru has been made the legal counsel for proceedings. people came together to authorise each party will be asked to agree on the the filing of the Bindunbur native specific terms of the determination. title claims. The Nyul Nyul people
34 Kimberley Land Council 2016-17 Annual Report The Mt Jowlaenga claims were registered with the National Native Title Tribunal on September 6, 2013 and December 15, 2014.
Goolarabooloo - Native title research field trip to the eastern side The KLC has undertaken some in- claim of the claim was planned for April house anthropological research but 2017 that had to be cancelled due to has insufficient resources to currently The Goolarabooloo claim was cyclonic weather conditions and was progress the claim. KLC in house registered with the National Native Title rescheduled for 26 June 2017. The anthropologists have undertaken Tribunal on December 12, 2013 and is consultant anthropologist will finalise desktop and field research to prepare represented by Chalk and Fitzgerald the connection report following the for future research in relation to Lawyers. The Goolarabooloo claim June field research and family group the area. This includes work with overlaps with the Jabirr Jabirr claim meetings will be held in August with genealogies, research planning and over the area previously subject to the claimants in Broome, Derby, and discussions with key informants. KLC Goolarabooloo Jabirr Jabirr claim, Ardyaloon community to explain the intends to conduct research about how which was discontinued on September research findings in preparation for a best to make native title claims over 20, 2013. The KLC provided funding claim group authorisation meeting in the Mt Jowlaenga area, and will be assistance to Goolarabooloo to finalise October 2017. engaging a consultant to conduct field their litigation proceedings. research in the dry season of 2018. In this reporting period, the Named Mayala - Native title claim Applicant have been in negotiations Traditional Owners to the claim area with Marine Produce Australia (MPA) appointed KRED to provide legal The Mayala claim was registered with over the lease of Barnicoat Island. MPA representation in the negotiation of an the National Native Title Tribunal on are seeking a lease over the island agreement with Sheffield Resources July 1, 1998. The claim covers the island to base their operations for their with regard to mining applications. and sea area between the Bardi & barramundi fish farm in Cone Bay. The Jawi determined area and the Wanjina Department of Fisheries have also met In August 2014, the then Department Wunggurr Dambimangari determined with the Named Applicant to discuss of Mines and Petroleum notified the area, in and around the Buccaneer the licensing and continuation of the Kimberley Land Council that Sheffield Archipelago. commercial taking of trochus shell by Resources Ltd (‘Sheffield’) had applied
Aboriginal people within the Mayala for mining lease M04/459. Sheffield is In the reporting period, significant native title claim area. seeking to build a mineral sands mine resources were committed to on the mining lease (‘the Thunderbird anthropological research with the Project’). Mayala claimants. Named applicant Mt Jowlaenga and Mt Jowlaenga meetings were held on 20 June 2016, 7 #2 - Native title claims The Mount Jowlaenga polygon #2 October 2016, 24 January 2017, 6 April The Mt Jowlaenga claims were native title claim (‘Mount Jowlaenga 2016 and 25 May 2017. A claim group registered with the National Native #2 claim’) was lodged in the Federal authorisation meeting was held on 8-9 Title Tribunal on September 6, 2013 Court of Australia on 7 November 2014 June 2016 to seek instructions from the and December 15, 2014. The claims to preserve the Traditional Owners’ claimants and update them about the cover approximately 7ha over sections procedural native title rights and claim research. of the Mt Jowlaenga pastoral lease interests in respect of the proposed
approximately 65kms west of Derby. mining lease. The Named Applicant A consultant anthropologist was The claims were filed to protect for the Mount Jowlaenga #2 claim (the engaged and a research trip to the Traditional Owner interests to engage ‘Named Applicant’) was authorised to islands of the Buccaneer Archipelago in Future Acts arising from mining negotiate a native title agreement with took place from 28 June 2016. Another applications in the area. Sheffield to agree terms that would
Kimberley Land Council 2016-17 Annual Report 35 Native title assistance was provided to Yawuru for a new claim over an unclaimed section of country within the Rubibi native title determined area.
provide for native title consent to the The Department of Mines, Industry Karajarri Yanja - Native title proposed mining lease (‘native title Regulation and Safety (formerly the claim agreement’). Any decision of the Mount Department of Mines and Petroleum) The Karajarri Yanja claim was registered Jowlaenga #2 claim to enter into the has advised Sheffield that, in with the National Native Title Tribunal native title agreement is subject to accordance with its standard policy, on November 22, 2012. The claim the approval of the Mount Jowlaenga it will not finalise the granting of covers a small area approximately #2 claim group at an authorisation the Mining Lease until the appeal is 80kms south-west of Derby and 90kms meeting. resolved. east of Broome. The claim was filed
to protect Traditional Owner interests By March 2016 the negotiation of the Unclaimed Area between to engage in Future Acts arising from native title agreement had substantially Yawuru, Nyikina Mangala and mining applications in the area. progressed. However, 11 March 2016 Karajarri - New native title claim was the last occasion Sheffield met This claim is being managed in with the Named Applicant together The KLC has been undertaking connection with the unclaimed area with its representatives to negotiate Traditional Owner consultations and between Yawuru, Nyikina Mangala and theKARAJARRI native COUNTRY title agreement and on 24 anthropological research to identify Karajarri. October 2016, Sheffield lodged a Future native title interests in an area of Act determination application with the approximately 200,000ha located National Native Title Tribunal, thereby approximately 90kms east of Broome Edarrbur (Rubibi #18) - Native seeking the grant of the mining lease between the recognised native title title claim without native title consent. lands of Yawuru, Nyikina Mangala and Native title assistance was provided Karajarri. to Yawuru for a new claim over an The Traditional Owners opposed the unclaimed section of country within the Tribunal’s power to make a decision The KLC started initial discussions in Rubibi native title determined area. The as to whether the mining lease could 2016 and again in early 2017 about new claim is over a stock route and was be granted, on the basis that Sheffield the makeup of a claim application made in response to an application for had not negotiated in good faith as it with the chief executive officers of the a sand mining lease, which triggered is required to do under the Native Title three Prescribed Body Corporates a Future Act and the requirement that Act 1993 (Cth). that surround the unclaimed area people who claim to hold native title (Yawuru, Nyikina Mangala and in the affected area lodge a native title On 22 May 2017, the Tribunal decided Karajarri). To progress a native title claim to protect procedural rights. This that it had the power to make a claim application, a meeting was held grant of assistance led to the filing of decision as to the grant of the mining in September 2016 and in April 2017 the Edarrbur (Rubibi #18) claim on lease to Sheffield. with Nyikina Mangala, Yawuru and November 11, 2015. The Edarrbur Karajarri senior cultural people to seek (Rubibi #18) claim was successfully The Traditional Owners sought advice instruction on how these groups would registered with the National Native Title on the Tribunal’s decision and on like to progress the native title claim Tribunal on December 3, 2015. 15 June 2017, the Named Applicant and for a consultant anthropologist to lodged an appeal of that decision in be engaged to start connection report An in principle agreement on the the Federal Court. An appeal was heard research. terms of a consent determination was before the Federal Court in August reached with the State of Western 2017, judgment is pending Australia. The State accepted the
36 Kimberley Land Council 2016-17 Annual Report The KLC has been assisting Yawuru PBC to access and arrange for the return of native title materials currently held by the KLC on behalf of Yawuru native title holders.
occupation evidence provided in relation to the unallocated Crown land to which s47B of the Native Title Act (NTA) applies. The Commonwealth also accepted the occupation evidence provided however was unable to sign off on the terms of the consent determination due to an issue arising between the Commonwealth and the State. That issue relates to the application of s47B of the NTA to unallocated Crown land areas which have been the subject of exploration permits. The judgment in Helicopter Tjungarrayi on behalf of the Ngurra Kayanta People v State of Western PENDER BAY, BARDI JAWI COUNTRY Australia (No 2) [2017] FCA 587 (Ngurra Kayanta Part B) in the Central Desert native title determinations. First filed The Federal Court recognised native region was delivered on 29 May 2017. on July 28, 1995 and after litigated title across a large area of the Bardi It was concluded in that case that a proceedings including appeals by and Jawi claim on November 30, 2005 47B applies to areas of unallocated the State, native title was recognised including exclusive possession across Crown Land which have been the September 8, 2008 after 13 years in the most of the mainland area of the claim. subject of exploration permits. At the courts. The Federal Court also found that last case management hearing the native title did not exist across sea Commonwealth advised they were The KLC has been assisting Yawuru PBC country, reefs, and a number of the seeking instructions from the Attorney to access and arrange for the return islands including Sunday Island and General who was not able to provide of native title materials currently held Jackson’s Island. those instructions until the week by the KLC on behalf of Yawuru native commencing 31 July 2017. A case title holders. The KLC has developed a The KLC appealed the decision in 2006 management hearing will be held in comprehensive policy and procedure and on March 18, 2010, the Federal July 2017 and the KLC will then know document to facilitate the effective Court reversed its initial decision and with more certainty the next steps. engagement in the transfer of native recognised the native title rights of title materials back to Traditional the Bardi and Jawi people across their Owners. sea country surrounding the Dampier Yawuru - PBC/RNTBC Peninsula. The Yawuru Native Title Holders Bardi Jawi - PBC/RNTBC Aboriginal Corporation RNTBC The KLC, in its role as a Native Title manages and holds on trust native title The Bardi and Jawi Niimidiman Representative Body, continues to work rights on behalf of the Yawuru people. Aboriginal Corporation RNTBC with Bardi and Jawi people to provide manages and holds on trust the native ongoing support and assistance to The Federal Court recognised native title rights and interests on behalf of the PBC. With assistance from KLC, title over the town site of Broome and the Bardi and Jawi people. Bardi and Jawi Niimidiman held PBC surrounding areas under the Rubibi directors’ meetings on 19-20 July 2016,
Kimberley Land Council 2016-17 Annual Report 37 With assistance from KLC, Bardi and Jawi Niimidiman Aboriginal Corporation has developed internal policies about their decision making process for activities on country, including a policy for external commercial agencies wanting to film and photograph on country.
KARAJARRI TRADITIONAL LANDS ASSOCIATION ABORIGINAL CORPORATION RNTBC MEETING, BROOME 2016
6-7 September 2016, 16 November This policy development has helped The Federal Court recognised the 2016, 15 February 2017, 15-16 March the Bardi Jawi Rangers to manage native title rights of the Karajarri people 2017, 3 May 2017, and conducted an these kinds of enquiries. in two consent determinations on AGM on 23 March 2017 (extension until December 2, 2002 and September 8, 31 March 2016 approved by ORIC). Funding was received in 2010 from 2004. FaHCSIA (and auspiced through KRCI) KLC support included logistical and for a Bardi and Jawi Niimidiman In the 2016-2017 period, the KTLA made administrative support to directors’ Aboriginal Corporation office. a decision to fund KRED Enterprises to meetings and assistance with AGM Construction of the office began in provide administration, financial and logistics. Other support included October 2015 at Ardyaloon community commercial legal services. The KLC, in anthropological and legal advice and was completed in early 2016. its role as a Native Title Representative around native title decisions and Further funds are required to Body, continues to work with Karajarri corporation compliance, including undertake final fit-out (blinds, furniture, people to provide ongoing support assisting with changes to the rule landscaping, fencing, car park). The KLC and assistance to the PBC with ORIC book to allow the corporation to be is continuing to support the PBC to find compliance and policy development. registered for charitable status. additional funds. With assistance from the KLC, KTLA held its AGM in November 2016. With assistance from KLC, Bardi Karajarri - PBC/RNTBC and Jawi Niimidiman Aboriginal The Karajarri Traditional Lands Yawinya - PBC/RNTBC Corporation has developed internal Association Aboriginal Corporation The Federal Court handed down the policies about their decision making RNTBC (KTLA) manages and holds on Yawinya native title determination process for activities on country, trust the native title rights and interests across shared country near Eighty Mile including a policy for external on behalf of the Karajarri people. Beach on May 25, 2012. commercial agencies wanting to film and photograph on country.
38 Kimberley Land Council 2016-17 Annual Report The NKAC board have identified some strategic priorities that they will focus on with assistance from the KLC.
MARGARET ROSE, MARTINA BADAL, SHIRLEY SPRATT, GERALDINE GEORGE AND MERVYN MULARDY, NATIONAL NATIVE TITLE CONFERENCE, 2017.
The determination area is comprised of With assistance from the KLC, between ranger groups and members the shared country of the Nyangumarta Nyangumarta Karajarri Aboriginal to build a stronger PBC, a cultural and Karajarri people, two different Corporation RNTBC (NKAC) held mapping exercise to identify the key tribal groups who share traditional laws board meetings on 18 October 2016, environmental and cultural heritage and cultural connection to the area. 8 November 2016, 19 April 2017, 21 priorities and increased decision June 2017, and conducted an AGM making authority. The KLC and the Yamatji Marlpa on 24 November 2016. Assistance has Aboriginal Corporation acted on behalf included logistical support of meetings The directors will also review an ILUA of the Karajarri and Nyangumarta (directors and AGM), administrative that exists between the PBC and Anna claimants respectively to negotiate support in ORIC compliance, minutes Plains Station to align more with the native title across 2,000 square for meetings and recording of aspirations of the Nyangumarta and kilometres of land and sea country membership, legal advice regarding Karajarri peoples’ vision for country in including Anna Plains Station, a portion Future Act matters and the negotiations conjunction with the Kimberley Science of Mandora Station and Eighty Mile for an ILUA with the State regarding the and Conservation Strategy 80 mile Beach. Kimberley Science and Conservation beach marine park ILUA agreement Strategy. The meeting to authorise the with the State. The KLC, in its role as a Native Title ILUA was held on 24 November 2016 Representative Body, continues to work following the AGM. with the Nyangumarta and Karajarri people to provide ongoing support The NKAC board have identified some and assistance to the Nyangumarta strategic priorities that they will focus Karajarri Aboriginal Corporation RNTBC on with assistance from the KLC. These as the RNTBC for the shared area. include changes to the rule book to allow the corporation to function more effectively, relationship building
Kimberley Land Council 2016-17 Annual Report 39 Native title claim updates Central Desert Region
that the Booroola Moorool Moorool native title claim was registered by the National Native Title Tribunal in May 2017.
Warrwa combined claim and Mawadjala Gadjidgar claim (Point Torment) - Native title claim The Warrwa native title claim was registered on October 13, 2010 and the Mawadjala Gadjidgar claim was registered on June 23, 2011. The claims cover an area across Point Torment in
MR WATSON AND MS MILGIN REPRESENTING NYIKINA MANGALA #2 NATIVE TITLE CLAIMANTS , PERTH 2016 the west Kimberley and a smaller area over the eastern side of Derby.
The Walalakoo Aboriginal Corporation Nyikina Mangala - Native title These claims were lodged in response RNTBC manages and holds on claim and PBC/RNTBC (WAC) to Future Act pressures at the time. trust the native title rights and interests The majority of Nyikina Mangala native On October 3, 2012 a Warrwa #2 claim on behalf of the Nyikina Mangala title claim was determined on May 29, was filed by a group represented by a people. 2014 after nearly 15 years (the claim private law firm (Hopgood Ganim) that being filed on September 21, 1999). covered all remaining unclaimed area The KLC, in its role as a Native Title Native title rights are recognised across adjacent to existing native title claims Representative Body, continues to more than 26,000 square kms. The area in the area. work with Nyikina Mangala people to of exclusive and non-exclusive native provide support and assistance to WAC title rights extends from the mouth of The claims as a group became the when needed. WAC has required little the King Sound below Derby, along subject of Federal Court directions. In support from KLC with assistance being the Fitzroy Valley to Noonkanbah and July 2015 the claim groups authorised provided mostly in logistical support south into the Great Sandy Desert. to combine the Warrwa and Warrwa #2 for their AGM and non-commercial claim into the Warrwa combined claim, Future Act legal advice. Exclusive possession native title rights which was registered with the National were recognised across more than 40 Native Title Tribunal on November per cent of the claim area, including Boorroola Moorroola Moorroola 26, 2014. The KLC was instructed three Aboriginal pastoral stations, On 23 December 2016 Walalakoo PBC to represent the Warrwa combined a large tract of unallocated Crown on behalf of the Nyikina people lodged and Mawadjala Gadjidgar native title land in the Great Sandy Desert and a new Native Title Claim, Boorroola claims, and Hopgood Ganim was smaller pockets within the claim. A Moorrool Moorroola. Part of this new instructed to represent Warrwa and second overlapping claim was made claim overlaps the Warrwa Combined Mawadjala Gadjidgar on all Future Act on January 30, 2015 over a small area Native Title Claim. As a result and matters. known as Udialla in order to secure at a claim group meeting on 28-29 exclusive possession native title rights. March 2017, the Warrwa Combined The KLC is aware that there are persons The claim for this area, the Nyikina Claimants agreed to mediation to find who are not members of the Warrwa Mangala #2 claim was determined on a resolution between the two separate claim group who assert native title 29th Oct 2015. native title claimants. It is further noted rights and interests in part of the
40 Kimberley Land Council 2016-17 Annual Report The Bunuba Dawangarri Aboriginal Corporation RNTBC manages and holds on trust the native title rights and interests on behalf of the Bunuba people.
BUNUBA COUNTRY
Warrwa combined native title claim Title Tribunal on August 20, 1999 and native title claim that was lodged on area. The KLC has been conducting Part A of this claim was determined by 21 December 2015 (Warlangurru #2). anthropological research to prepare consent at an on-country sitting of the It is anticipated that the Tribunal will native title connection information Federal Court on December 12, 2012. order mediation between the two to identify the full extent of the area claim groups in the first half of the new of Warrwa native title rights, and to The Bunuba #2 claim was registered financial year. Should such mediation identify who holds or may hold a with the National Native Title Tribunal be unsuccessful there is a likelihood of native title interest in these claims. on May 10, 2012 and covers, amongst the matter being taken to trial. Connection field research was other places, the Fitzroy Crossing undertaken throughout 2016-17 and township. The Bunuba #3 claim relates The Bunuba Dawangarri Aboriginal a native title claim group meeting was to a small pocket of country excised Corporation RNTBC manages and held on 28-29 March 2017 to review from the Bunuba combined claim prior holds on trust the native title rights the research findings. A finalised to the determination of Part A of the and interests on behalf of the Bunuba connection report is being prepared to claim. people. provide to the State in September 2017. The Federal Court hearing of the The KLC, in its role as a Native Title Bunuba, Bunuba #2; Bunuba #3 Bunuba Part B, Bunuba #2 (Part A) Representative Body, continues to & Bunuba #2 (Part B) - Native and Bunuba #3 claims occurred in work with Bunuba people to provide title claims and PBC/RNTBC Perth on 22 December 2015. Native support and assistance to the Bunuba title was successfully recognised for Dawangarri Aboriginal Corporation There are three native title claims the Bunuba Part B and Bunuba #3 when needed. KLC was instructed across Bunuba country in the central claim areas. Bunuba #2 proceeded as in December 2015 by the Bunuba Kimberley area near Fitzroy Crossing. a part determination with native title Dawangarri Aboriginal Corporation to
recognised over all but a small area represent them for all Future Acts on The Bunuba combined claim was of land covered by an overlapping Bunuba Lands and the KLC is working registered with the National Native
Kimberley Land Council 2016-17 Annual Report 41 There are currently two native title determinations and one native title claim across Ngurrara country, which extends south into the Great Sandy Desert and north into the river country around Fitzroy Crossing.
with Bunuba during the transition on the history of the area and the Commitments were also made period from their previous legal extensive connection research and to progress a new claim over the representatives. The KLC was also findings identified to date. Proposals unclaimed area between Bunuba and engaged by Bunuba under a service were identified to resolve the matter Yi-Martuwarra Ngurrara, referred to as agreement to provide legal advice with including to acknowledge historical Area C. regard to ILUA negotiations on the interest over the area. Kimberley Science and Conservation The KLC engaged an expert Strategy. Warlungurru filed the Warlangurru anthropologist to commence native #2 claim overlapping the southern title research over the area and a Warlangurru and Warlangurru #2 boundary of the Bunuba #2 claim preliminary research report has been - Native title claims and dispute on December 21, 2015. The KLC’s completed (June 2017). A meeting with resolution representation of the Warlangurru both the YMN and Bunuba Traditional claim was disengaged by the Owners will be held in the early part In 2014 the KLC was requested to Warlangurru applicant and a new of the new reporting period where the file a claim over an area of country lawyer engaged in March 2016. findings of the preliminary research will in the Fitzroy Valley located north Both the Warlangurru claims and be discussed with the anticipation that of Noonkanbah determination area the Warlangurru #2 claim were a new claim will be lodged during the and bounded by the Bunuba and recently before the National Native 2017-18 financial year. Yi-Martuwarra Ngurrara native title Title Tribunal on assessment of claims. Anthropological research the registration. The court found was undertaken in June 2014 with Ngurrara, Ngurrara B & the registration of the Warlungurru a preliminary report provided. The Y-Martuwarra Ngurrara - Native #2 native title claim as invalid and Warlangurru claim was authorised title claim and PBC/RNTBC the registration of the claim was in October 2014 however insufficient There are currently two native title withdrawn. As a result it is anticipated evidence to register the claim with the determinations and one native title that the Court will order mediation National Native Title Tribunal resulted claim across Ngurrara country, which between Warlungurru #2 and Bunuba in further anthropological research extends south into the Great Sandy #2 (Part B) early in the 2017-18 financial being required. Desert and north into the river country year. Should such mediation be around Fitzroy Crossing. unsuccessful there is a likelihood the The KLC commenced further research matter will be taken to trial. in 2015. An application was made by The native title claim, Ngurrara, filed Warlangurru to file a second native March 22, 1996, was successfully title claim which overlapped part of Area between Bunuba and Yi- determined in part on November 9, the Bunuba #2 claim. The KLC grants Martuwarra Ngurrara - dispute 2007. The second part of the native committee rejected the application resolution and native title claim title claim, Ngurrara – Area B, was for native title assistance to file an application (aka Area C) successfully determined in November overlapping claim. The KLC provided Mediations commenced in December 2012. A second claim, Ngurrara 2 – Area facilitation assistance to mediate, 2015 between Bunuba and Yi- C was filed December 3, 2008 and was under the KLC’s dispute resolution Martuwarra Ngurrara to resolve a native successfully determined in November functions, regarding the overlapping title dispute over the south eastern area 2012. interests asserted by Warlangurru. of the Bunuba #2 claim. Mediations KLC facilitated a mediation meeting continued and an agreement between The Yanunijarra Aboriginal Corporation with both Bunuba and Warlungurru the respective PBCs was drafted in June RNTBC manages and holds on trust Traditional Owners on November 2016. the native title rights and interests on 26, 2015. Information was provided behalf of the Ngurrara people. 42 Kimberley Land Council 2016-17 Annual Report The third native title claim, Yi- Goonyandi Combined & Yarrangi work with Gooniyandi people to Martuwarra Ngurrara, was registered Riwi Yoowarni Gooniyandi - provide support and assistance to the with the National Native Title Tribunal Native title claims and PBC/ Gooniyandi Aboriginal Corporation on February 29, 2012. Negotiations RNTBC when needed. With assistance from including mediation are ongoing the KLC, the Gooniyandi Aboriginal The Gooniyandi combined claim was with the State and other parties Corporation held board meetings on 10 determined by consent at an on- on the terms of a determination of September 2015 and, 5 November 2015 country hearing of the Federal Court on native title with the anticipation of a and 19 February 2016, and conducted June 19, 2013. consent determination being agreed an AGM 3-4 November 2015. KLC to by all parties and an on-country provided administrative support to The Gooniyandi native title area covers determination by January 2018. Should Gooniyandi Aboriginal Corporation and 11,200 square kilometres of land and there be no agreement amongst the logistical support in organising and water and includes the Indigenous- parties on the terms of an ILUA and a holding their AGM. owned pastoral stations of Bohemia consent determination the matter will Downs, Mt Pierre and Louisa Downs likely go to trial. Kurungal - Native title claim and portions of the non-Indigenous owned Christmas Creek, Gogo, Fossil The Kurungal native title claim was Negotiations were undertaken between Downs, Larrawa and Margaret River registered with the National Native applicants and the lease holder of pastoral stations. Title Tribunal on December 1, 1997. The Christmas Creek Station to reach claim covers a portion of the Christmas consent for a co-existence agreement About 50 per cent of the native title Creek pastoral lease that is north of (ILUA) in October 2015. This ILUA was claim is exclusive possession – the Christmas Creek and south of the Great agreed and signed off by the Ngurrara highest possible form of native title Northern Highway. people and is waiting for lodgement/ rights and interests. registration. After considering further connection The Yarrangi Riwi Yoowarni Gooniyandi evidence provided by the KLC in The KLC, in its role as a Native Title claim was registered with the National June and October 2013, the State Representative Body, continues to work Native Title Tribunal on February 15, Government indicated in-principle with the Ngurrara people to provide 2013. The claim is progressing as an support for a consent determination ongoing support and assistance to Area A and Area B claim. The terms of a in early 2014, subject to the applicant the PBC – Yanunijarra Aboriginal consent determination for Area B have reaching a co-existence agreement Corporation RNTBC. been agreed to by the parties and a with the holder of the Christmas Creek consent determination hearing for Area pastoral lease. Negotiations towards KLC provided administrative and B was heard in Perth on October 25 this agreement were overseen by a logistical support in organising and 2016. In relation to Area A of the native Federal Court Registrar and included holding director meetings and an AGM. title claim, comprehensive research a number of negotiation meetings Yanunijarra Aboriginal Corporation held and a preliminary connection report between Traditional Owners and the board meetings on 20 August 2015 and, have now been completed. pastoral lessee, with agreement on an 3 December 2015 and 1-2 March 2016 ILUA reached in October 2015. The ILUA and 10 May 2016, and conducted an The Gooniyandi Aboriginal Corporation was successfully registered with the AGM on 18-19 August 2015. RNTBC manages and holds on trust NNTT on 19 April 2017. the native title rights and interests
on behalf of the Gooniyandi people.
The KLC, in its role as a Native Title
Representative Body, continues to Kimberley Land Council 2016-17 Annual Report 43 The Tiyatiya Aboriginal Corporation RNTBC manages and holds on trust the native title rights and interests on behalf of the Kurungal people.
KURUNGAL NATIVE TITLE DETERMINATION, 2015
The Federal Court hearing of Noonkanbah - PBC/RNTBC the Kurungal claim was held on Noonkanbah native title was country on 1 December, 2015. Non- recognised on April 27, 2007. exclusive native title was successfully recognised for Kurungal. The consent The Yungngora Aboriginal Corporation determination made in December 2015 RNTBC manages the native title is to take effect once the RNTBC has interests of the Noonkanbah people. been formally established. The KLC has not been requested to provide assistance to Noonkanbah. The Tiyatiya Aboriginal Corporation RNTBC manages and holds on trust the native title rights and interests on behalf of the Kurungal people. The PBC was successfully registered on 6 September 2016. The KLC, in its role as a Native Title Representative Body, continues to work with the Kurungal people to provide ongoing support and assistance to the PBC - Tiyatiya Aboriginal Corporation RNTBC.
44 Kimberley Land Council 2016-17 Annual Report Looking after country Land and Sea Management
JOSHUA KUNGAH (PARUKU RANGER) HOLDING UP THE WOC RETROSPECTIVE
Introduction aims to build long term sustainability comprised of senior Traditional Owners and careers pathways with a focus on, and community leaders who provide Getting back country, looking after ‘getting control of our future’. cultural direction and guidance. country and getting control of the future is the Kimberley Land Council’s The Land and Sea Management Unit The Land and Sea Management (KLC) clear strategic vision. The Land (LSMU) was established in 1998 and its Unit fosters and enhances cultural and Sea Management Unit, within the projects are far reaching, covering all connection to land and sea country, KLC, is incredibly proud and privileged aspects of cultural and environmental and uses a combination of traditional to be part of bringing this vision to management, including the knowledge with modern science reality. implementation of traditional burning to achieve best practice methods practices, wildlife and biodiversity and environmental outcomes. It Through hard fought native title monitoring and the passing on of also focuses on delivering direct negotiations Traditional Owners across traditional knowledge and cultural employment and training opportunities the Kimberley have formally ‘gotten practices from old people to young for Kimberley Aboriginal people while back country’. From this position people. enabling Traditional Owners to remain Traditional Owners have reinvigorated living on country in remote areas. and reinstated their right to ‘look after While individual ranger groups are country’. administered through the Kimberley The Land and Sea Management Unit Land Council, the governance structure continued to grow in the reporting The Land and Sea Management of the program ensures that each period with its projects now comprising Unit works with Traditional Owners Prescribed Body Corporate (PBC) and more than half of the operational work to achieve the cultural, social and associated Traditional Owners set the of the KLC. Staff members are based environmental outcomes they strategic direction of ranger activities. across many locations in the Kimberley. want to see happen on the ground, Each ranger program is jointly The Land and Sea Management Unit ‘looking after country’. Building governed by the PBC and by a Healthy works in close partnership with native from this position the unit is Country Advisory Committee. The title groups and Registered Native increasingly diversifying its skills and Healthy Country Advisory Committee Title Bodies Corporate (RNTB/PBCs) professionalising as a network. This is nominated by the PBC and is with a whole of organisation focus on diversification and professionalisation
Kimberley Land Council 2016-17 Annual Report 45 The Land and Sea Management Unit continues to work with Traditional Owners to create and review Healthy Country Plans.
strengthening capacity for PBCs to manage and deliver project activities and strengthen their native title rights.
Long-term planning The Land and Sea Management Unit continues to work with Traditional Owners to create and review Healthy Country Plans. These documents are developed over extended periods of community consultation. Consultation focuses on ‘mapping’ the cultural and natural assets so that groups can identify key management priorities and targets. Once the process is complete NYIKINA MANGALA, PARUKU, WUNGGURR AND DAMBIMANGARI RANGERS COMPLETING THEIR CERT II FIRE TRAINING UNITS Traditional Owner groups will have developed a long-term vision for team, his response was, “they’d be country that they and Land and Sea realistic and time bound) methodology lucky, we love our jobs and if you leave staff can work to achieve. to better articulate career development someone else will step up and in”. pathways, primarily focused on In the Kimberley Ranger Network, nine leadership development skills. The One of the things that rangers clearly of the twelve native title groups the same methodology will increasingly identify that they value about their KLC works with have Healthy Country be used to articulate more specialised jobs is the ability to progress and Plans. These long-term management ranger roles such as fire operations grow in their careers. This is apparent plans are invaluable in communicating officers, drone operators and other role as rangers progress from trainee priorities to external partners and diversifications. rangers to rangers, senior rangers, directing the development of annual ranger coordinators, fire management work plans. Keeping rangers safe: Workplace officers and Indigenous Protected Area Health & Safety Report 2016- coordinators. This progression is seeing The Land and Sea Management 2017 the program increasingly owned and Unit will continue to work to find Keeping our rangers and staff safe has run by Kimberley Traditional Owners. the resources needed to assist the remained a priority for the Land and The Land and Sea Management Unit remaining three groups to develop Sea Unit this year. Some highlights is deeply committed to these career Healthy Country Plans. include: pathways and providing a supportive • Securing funding to retain a environment for more Indigenous Highlights dedicated ranger safety development rangers to develop their skills and move Career pathways officer. into more senior roles. One of the great strengths of the • 28 rangers completed nationally Kimberley Ranger Network is that In order to better guide further accredited safety training, specifically people love their jobs. When a senior career development, Broome senior tailored to remote Kimberley ranger ranger was asked recently about managers have used the SMART operations. rangers resigning and re-entering the (specific, measurable, achievable, • Five KLC safety representatives
46 Kimberley Land Council 2016-17 Annual Report Continually improving our risk management system and safety culture will remain a focus for the Land and Sea Management Unit.
KIMBERLEY RANGER NETWORK ANNUAL SMACKDOWN EVENT, 2016
completed accredited Safety Health the development of emergency compliance, remote travel, vehicles and Representative training . procedures and team safety goals communications and implementing a • More than 90 per cent of Kimberley and refresher training in first aid and more systematic Occupational Health rangers have completed accredited remote communities. and Safety (OHS) framework which first aid training. • Improved integration of Land applies uniform standards across the organisation. • Kija Ranger Imran Paddy was and Sea Management unit safety selected from trainees across the management with other sections of region to win the Kimberley Group the organisation . The Kimberley Ranger Network Training’s Safety Recognition Award. • Significant improves to fire The Kimberley Ranger Network • Significant improvements in hazard operations safety management, represents a unique expression of identification, incident reporting and including formal review of native title rights that allows Traditional review statistics. procedures to meet Office of Owners of the Kimberley to benefit Bushfire Risk Management • Systematic, regular team Toolbox from a regional approach to issues, standards, improved search and Talks, workplace inspections, cooperating, learning from and rescue procedures, rollout of emergency drills, and vehicle and assisting each other to manage land GPS spot devices, and improved equipment checks conducted at and sea as effectively as possible. compliance with daily reporting and ranger bases. communication requirements . Across the Kimberley there are many • Ongoing development of Standard regional opportunities, potential Operating Procedures (SOPs), Continually improving our risk threats and requests that are made posters, forms and checklists management system and safety culture of ranger groups. Addressing each appropriate to Indigenous rangers will remain a focus for the Land and of these opportunities and threats leading remote, high risk operations. Sea Management Unit. Priorities for is something that in many cases is • Regular on the job, in house safety next financial year include, improving beyond the capacity of individual training with rangers, including management accountability and ranger groups. An important function
Kimberley Land Council 2016-17 Annual Report 47 The KLC provides cost effective and efficient corporate services to ranger groups based on an economies of scale regional service model.
HEALTHY COUNTRY FORUM, HOME VALLEY STATION, 2016. of the Kimberley Land Council and all Kimberley PBCs who want to be The forum was a significant success, the Land and Sea Management Unit part of the network. The KLC provides with a broad range of ideas and issues is to provide advice, guidance and in cost effective and efficient corporate discussed. Participants identified a some cases drive regional projects in services to ranger groups based on an number of similar issues and made conjunction with all groups. economies of scale regional service plans for cooperation in the future. model. Examples of this include, facilitating As part of the forum, rangers mapped the employment of a Fitzroy Valley Home Valley - Kimberley Healthy out a timeline which captures the high Regional Research Coordinator to Country Forum level achievements of the unit since coordinate research projects across 1998. This process was an incredible The Kimberley Healthy Country Forum the Fitzroy catchment, facilitating testimony to the strengths of the unit, was held at Home Valley Station from engagement with Parks Australia on made all the more compelling by the 25-29 July 2016. Organised by the Commonwealth Marine Reserves number of people present at the 2016 KLC Land and Sea Management Unit and brokering relationships with key forum, who were also present at the the aim of the forum was to share partners to attract future opportunities beginning of the journey in 1998. experiences between Indigenous land and funding, such as the Department of management groups across the region. Agriculture and Water Resources. A huge thank you to everyone who attended and the Balanggarra and The forum was structured around three The provision of regional services and Wunggurr Rangers for the massive days of interactive workshops, as well support is a priority area for the LSMU effort to make this event happen in as a Ranger Expo on the final day. The moving forward into the next financial such a remote location. forum was attended by representatives year. The opportunity to participate from Traditional Owner groups and in the Kimberley Ranger Network and included PBC directors, Indigenous access best practice land and sea rangers, ranger coordinators, Healthy management policies, procedures Country coordinators, as well as KLC and operational support is offered to directors and staff.
48 Kimberley Land Council 2016-17 Annual Report Looking after country Land and Sea Achievements
• $50 million for rangers • Enterprise Hub • IPA and regional Planning workshops CNRM projects & business plan secured • COP21 showcase • World Indigenous savanna fire Network Conference initiatives Darwin • Green Army Indigenous Land • Kimberley contracts • Increase in the Management Healthy Saltwater International Ranger number of women Facilitator employed Country Country First Kimberley Forum Gumbanan rangers at KLC Project Project Ranger Forum • 4 IPAs declared 1998 2001 2006 2010 2013 2015
2000 2005 2008 2011 2014 2016 Fitzroy fish research Kimberley Kimberley • West Kimberley UNPFII side Enterprise Hub and Ord Bonaparte Appropriate Ranger Initiative National Heritage event on Cultural Partnership Program Economics - ILC + Australian • Listing Economies with established Roundtable Forum Government • Delegation to TNC + Equator Investment IFIP Conference Initiative San Francisco
LAND AND SEA MANAGEMENT UNIT ACHIEVEMENTS
Green Army Partnerships and Energy, the Department of Agriculture and Water Resources and In the 2016-17 financial year the Land The Land and Sea Management Unit the Department for Infrastructure and Sea Management Unit continued recognises the value in collaboration and Regional Development. The KLC to assist five ranger groups to work and to that end, actively fosters recognises the value of cross-sector with the Green Army as a means partnerships with external agencies collaboration and its potential to of creating additional positions to and organisations. achieve innovative outcomes to complement their ranger teams. The challenging issues. To this end, some of Green Army is a national environmental At a regional level, our historical our partners from the corporate sector program which aims to build young relationships with sister organisations include Shell Social Investment Fund, people’s experience working on Kimberley Aboriginal Law and Business Council of Australia, Qantas, environmental projects. The ranger Culture Centre and Kimberley Jawun Corporate Partnerships and teams, Ngurrara, Kija, Bardi Jawi, Nyul Language Resource Centre, remain ANZ. Nyul and Karajarri, have worked with strong, as evident in our joint annual the Department of Environment to general meetings held on country in In addition to our domestic use this program alongside everyday September. partnerships, the KLC is also working ranger work, the outcome of which to strengthen our international has been the creation of 36 additional At a state level, we continue to pursue relationships with other Indigenous training positions. In December 2016, robust and authentic relationships peoples and organisations through the Federal Government announced with government agencies and alliances with international non- the Green Army program would be organisations, including WA government organisations, including disbanded at the end of current Department of Parks and Wildlife The Nature Conservancy, PEW Trusts contracts. Work is underway to identify (DPAW), the WA Department of Fire and United Nations University. The KLC alternative funding sources for rangers and Emergency Services and the WA has been recognised for our ground- employed under the Green Army Department of Corrective Services. At breaking work and best practices program. a federal level, our project partners in our field, and our international include Rangelands NRM, Department partnerships, including our of Prime Minister and Cabinet, the involvement with the World Indigenous Department of the Environment
Kimberley Land Council 2016-17 Annual Report 49 Political uncertainty and cyclic policy changes of government hinder long- term planning.
Network, these achievements have locations the ranger team provides 5. Build a dynamic organisation afforded us a platform upon which almost half of the jobs available in that responds and adapts to new to share and exchange learnings. In the community. As a result, there is a innovations. addition to these partnerships, during need for a diversified revenue stream the reporting period the KLC continued which will strengthen the Kimberley During the reporting period, the to engage through official international Ranger Network business model, KLC invested significant time into mechanisms including the 22nd sustain growth and enable scale promoting The Hub and building Conference of Parties in Morocco up of cultural and environmental long-term partnerships. Relationships (COP22) and the Sixteenth Session of enterprise opportunities. To meet across the corporate, philanthropic and the United Nations Permanent Forum this need the KLC has established the government sector were strengthened. on Indigenous Issues. Cultural Enterprise Hub (The Hub). Key outcomes for the 2016-17 year The Hub, which is in the early stages include: Cultural Enterprise Hub of development, provides cultural and • Promoting the Hub model at environmental business expertise and events hosted by the Australian The Kimberley Ranger and Indigenous services to PBCs and ranger teams with Government, Ernst and Young, Protected Area (IPA) Network is the goal of building thriving enterprises Australian Environmental facilitated by the Kimberley Land on country. Grantmakers Network and Western Council with investment from the Australia’s US Consular. Australian Government and other Built on a social enterprise model, strategic partners. • In partnership with the Australian the Hub will focus on leveraging Conservation Foundation, the Hub the skills gained by rangers through Over the past nine years the Kimberley staged the West Kimberley Ranger their land and sea work to nurture a Ranger Network has achieved Experience Pilot tour. culture of entrepreneurship in remote outstanding success with 13 ranger • Attended the COP22 in Marrakesh to communities with the long-term vision groups employing more than 100 promote international Savanna Fire of building a culturally empowered, full-time Indigenous rangers working Management Initiative with support thriving and prosperous Kimberley across 350,000 square kilometres of from Qantas, OXFAM and Australian Aboriginal community. native title country. Eight IPAs cover an Conservation Foundation. area of 90,000 square kilometres and The five year goals of The Hub are to: • Developed a partnership with The have leveraged diverse partnerships 1. Share best practice knowledge Nature Conservancy, Indigenous and investment into Indigenous led and expertise to grow sustainable Land Corporation and a private conservation. However, the business enterprises that enhance and protect donor for the People, Country and model for the network is vulnerable the cultural and natural values of the Climate Initiative. as the major investor is the Australian region. • Worked with PBCs and ranger Government via the Working on 2. Increase the number of Aboriginal groups to strategically manage fire Country and Indigenous Protected people gaining income and over 200,000 square kilometres of Areas programs. employment on country. Kimberley native title lands. 3. Strengthen the Kimberley network Political uncertainty and cyclic policy • Continued to collaborate with the and share knowledge through changes of government hinder long- Business Council of Australia to cultural exchanges. term planning. At the community level promote Indigenous carbon projects 4. Provide intergenerational investment the demand for ranger positions is • Worked with Indigenous savanna into Kimberley cultural enterprises high and in some of the more remote carbon producers and project through the establishment of a Fund
50 Kimberley Land Council 2016-17 Annual Report CULTURAL ENTERPRISE HUB MODEL
developers to establish the Kimberley Ranger Experience tours. The projects. Indigenous Carbon Industry Network. KLC will continue to focus on growing 3. PBCs may choose to pay for Hub • Participated in consultation the resources to diversify the services services once PBC enterprises are meetings regarding the new savanna and sustain long-term investment into established and returning revenue. sequestration method. Kimberley cultural enterprises.
• Advocated for native title rights to Healthy Country Fire Operations The Hub is based on a complementary be recognised in current and new financing model, where public sector The KLC works with Traditional Owners legislation including the right to free, and private finance is partnered to and Indigenous ranger groups to prior and informed consent to new incubate and establish new enterprises. undertake right way fire activities carbon project registration. Once Hub incubated enterprises are across the Kimberley. self-sufficient, ongoing services can be Based on the in-house skills and offered by The Hub on a fee basis. Traditional fire management, or ‘right expertise required to establish cultural way fire’, uses traditional knowledge enterprises, the KLC Board made a The Hub has a three tier financing and modern scientific practices to strategic decision to maintain The structure, which includes: reduce the extent and frequency of Hub as a unit within the KLC. This 1. unmanaged, potentially dangerous, will allow enterprises to be supported Cultural Enterprise Partnerships founded on long-term corporate late season wildfires, to protect the through the start-up phase with the and donor investment model with environment, property and people. suite of skills and expertise provided resources used to provide expertise within KLC. Based on the interests and services to start-up enterprises The Healthy Country Fire Operations of PBCs and rangers, the initial team oversees fire management 2. Government grants to be applied focus areas for The Hub include fire programs across the Kimberley Ranger for on a case-by-case basis where operations, registration of new savanna Network, providing guidance, support appropriate, for example government carbon projects and establishment of and training to rangers. They have been funding opportunities for specific
Kimberley Land Council 2016-17 Annual Report 51 Kimberley Indigenous rangers currently manage fire over an area more than 200,000 square kilometres with a dedicated support team of two fire officers.
FIRE MANAGEMENT ON BALANGGARRA COUNTRY successful in building expertise across Gaambera Aboriginal Corporation Over 200 hours were spent in fixed wing the network which operates under carried out their annual fire operations aircraft and helicopters conducting international best practice standards. independently. aerial incendiary work. A series of strategic burns created a mosaic of fuel Kimberley Indigenous rangers currently age at a landscape scale. Fuel loads In late 2016, fire managers facilitated manage fire over an area of more were reduced with cool, patchy burns, annual fire planning meetings, than 200,000 square kilometres with leaving unburnt habitat for animals to engaging Traditional Owners, a dedicated support team of two fire seek refuge. The firebreaks now in place government departments, tourism officers. will help to reduce the spread of large operators, neighbours and other late season wildfires. relevant stakeholders to develop 2016-2017 projects include: annual fire plans. Balanggarra, • North Kimberley Fire Abatement Three fire walks were completed where Wungurr and Dambimangari Project a range of activities were achieved. The Rangers worked closely with KLC locations and activities of these walks • Kija Fire and Feathers to coordinate operational logistics are as follows: • Low rainfall (south/east Kimberley) with the prescribed burning season • Balanggarra Rangers - Thurburn Bluff commencing in early April and finishing • Karunjie and Durack River (fire management, rock art surveys, mid-June 2017. During operations, 54 wetland bird survey) Traditional Owners spent 32 nights North Kimberley Fire Abatement at remote camps or ranger bases. • Wungurr Rangers - Moran river (fire Project (NKFAP) On-ground burning was carried out management, rock art surveys, The Balanggarra, Wungurr and around important cultural sites, habitat rafting) Dambimangari Aboriginal Corporations and critical infrastructure early in the • Dambimangari Rangers - Sale River self-funded the 2017 fire operations, season to reduce risk during aerial (fire management, rock art surveys, contracting KLC to provide strategic burning operations. biodiversity survey) cross regional services. Wunambal
52 Kimberley Land Council 2016-17 Annual Report RANGERS UNDERTAKING FIRE OPERATIONS
Across the project communication trained in the KLC incendiary machine Karunjie and Durack River and cooperation with neighbouring operator course. Two fire walks Stations properties and other fire managers were completed for fine scale fire The Nyaliga rangers held a fire planning in the Kimberley is improving. State management. meeting in November 2016 with Government agencies are realising representation from Nyaliga Traditional the opportunity to draw on local Low Rainfall (south and east Owners, Shire of Derby West Kimberley, knowledge, advice and expertise which Kimberley) Home Valley Station, El Questro the Kimberley Indigenous rangers are Kimberley Ranger Network groups Station, DFES, the Indigenous Land well placed to provide. operating in the low rainfall zone Council, Wilinggin IPA and Wunggurr (Gooniyandi, Karajarri, Nyikina Rangers. There was a focus on training Kija Fire and Feathers Mangala, Nyul Nyul and Bardi Jawi) in early 2017 to ensure rangers could The Kija Rangers work with three have each completed an early fire complete aerial incendiary operations Aboriginal Lands Trust properties planning session involving Traditional with support from KLC fire operations. and one Aboriginal Pastoral Lease to Owners, local pastoral managers, and DFES provided introduction to complete the Fire and Feathers project. representatives of DPAW, DFES and firefighting and four rounds of aerial In early 2017 Kija Rangers met with in some cases WWF, Rangelands and burning were completed across Traditional Owners, pastoral managers Environs Kimberley. Each ranger group Karunjie and Durack River Stations. and other interested stakeholders had at least one ranger trained in KLC Ground burning this year consisted of a to gain approval for their 2017 early incendiary machine operations and fire walk over five days along Bindoola burning plan. The prescribed burning aircraft safety. Qualified incendiary Creek and an infrastructure protection period for rangers began in March this machine operators undertook the burn at the old Karunjie Homestead. year and continued on until late June aerial burning operations in each with on ground burning employing area. Collaborations with DFES Training between 3 and 10 local community enabled strategic burning across three During the reporting period, Kimberley members for a total of 114 days. Aerial properties for a total of eight hours ranger groups took part in an annual burning occurred across the entire with ranger and Traditional Owner fire review workshop. The annual fire project area with the cooperation of engagement. review provided an in depth analysis Kija Rangers and Traditional Owners
Kimberley Land Council 2016-17 Annual Report 53 Indigenous carbon projects enable PBCs to earn an income from traditional fire management, reducing reliance on grant funding and improving the long-term sustainability of fire management activities.
of previous years’ effort in managing agencies, pastoralists and other fire • Meet ongoing carbon administration fire and an update on the development managers in the Kimberley. Over 1.8 and compliance requirements. of the KLC Fire Operations Manual. million hectares was burnt during the • Access opportunities and Prior to the 2017 prescribed burning month long event. A considerable effort partnerships, including transitioning season, ranger groups participated in a from all participating ranger groups to the (draft) 2017 Savanna workshop designed to increase rangers’ actively helped to stop the spread Sequestration Method. awareness and understanding of KLC of this out of control fire and special operational procedures and revised mention goes to all involved. In 2016-17, the Hub continued its paperwork to ensure safe, efficient and support for the NKFAP, providing effective fire management. This training People, Country and Climate carbon administration support focused on safe operation of incendiary Initiative for Wilinggin, Dambimangari and machines and working safely around Indigenous carbon projects enable Balanggarra carbon projects, and aircraft. PBCs to earn an income from peer review and support for the traditional fire management, reducing Wunambal Gaambera carbon project. Most Kimberley ranger groups took part reliance on grant funding and This included technical support for the in accredited training in prescribed fire, improving the long-term sustainability submission of reports, assisting in the use of specialised equipment and fire of fire management activities. transfer of carbon units, and continuing suppression. The Kimberley rangers to facilitate information sharing are trained to a national standard and Over the last five years, the People, through coordinating the regional their expertise in the field is developing Country and Climate Initiative has governance structure – NKFAP Steering into a great resource for the region. facilitated the establishment of four Committee. Participation during prescribed burning Indigenous owned savanna burning and fire suppression events is at a high carbon projects in the North Kimberley In addition to assisting existing carbon level. under the North Kimberley Fire projects, the Hub continued to support Abatement Project (NKFAP). Through the establishment of new carbon Gibb River Complex Wildfire technical developments, more groups projects, working with Balanggarra, Kija October 2016 are now able to register projects and and Wilinggin Traditional Owners. This In October 2016, a wildfire ignited by the KLC is supporting the establishment support included strategic, technical lightning on Ellenbrae station quickly of these. Existing projects also have and legal advice on governance spread into neighbouring properties in the opportunity to earn more credits structures, feasibility of carbon projects the central Kimberley. The Kimberley from the sequestration method due for and project registration requirements. Ranger Network responded in a way release in late 2017. that has previously not occurred. More Complementing the on-ground than 60 rangers and LSMU support staff The People, Country and Climate operational support for new and from the Kimberley Ranger Network Initiative supports PBCs to: existing carbon projects, the Hub were involved in logistics, planning and • Develop knowledge and capacity in continued to play an active role in active fire suppression, at a total cost operating carbon projects. advocating for enabling policy for of $330,000 in one of the Kimberley’s • Implement suitable carbon business Indigenous carbon projects, and for largest fires in recent years. The level and governance structures. Indigenous landholders when engaging of professionalism shown, under very with the carbon industry. This included: • Undertake feasibility assessments trying and tiring circumstances was • Participation in consultation and register new carbon projects. highly regarded by State Government regarding the new sequestration
54 Kimberley Land Council 2016-17 Annual Report Kimberley Ranger Tours is a tourism enterprise initiative of the Cultural Enterprise Hub.
proof-of concept trial, based on the invaluable feedback captured by the participants, the tourism product needs remodelling, strengthening and support through business start-up financial investment and strengthening existing partnerships.
Fitzroy River catchment - National Environment Science Program The National Environment Science Program (NESP) Northern Australia’s Resources Hub has active research SENIOR CULTURAL ADVISER JESS BANGU, KIMBERLEY RANGER EXPERIENCE, 2017 projects across northern Australia with seven projects that are relevant method, including attending two During 2016-17 ranger tour enterprise to Traditional Owners of the National technical workshops in Darwin. workshops were held with rangers, Heritage listed Fitzroy River catchment. The research has been triggered by • Providing submissions and cultural advisers, PBC directors and the increasing interest in development presenting to MPs and Senators on KLC staff. Continued investment from that would draw upon the Fitzroy’s best practice frameworks to support Jawun Corporate Partners of skilled significant land and water resources. native title rights in relation to carbon secondees enabled three ranger Planning to maintain the region’s projects. groups to develop detailed tourism plans. Karajarri, Bardi Jawi and Nyul multiple values is a focus for the NESP • Engaging with the Carbon Project Nyul ranger groups worked together researchers in this catchment. The Developers Council code of conduct and individually to develop tourism need for environmental research to • Continued collaboration with the business strategies and business inform land use and water allocation Business Council of Australia to plans. This work was supported by a decisions is critical. promote Indigenous carbon projects. formal partnership between KLC and • Working with Indigenous savanna Australian Conservation Foundation In the commitment to develop a carbon producers and project (ACF). strong cooperative basis for the west developers to establish the Kimberley projects, the research Indigenous Carbon Industry Network. With support from ACF, The Hub ran partners employed a regional the first proof-of-concept Kimberley research coordinator. The research Kimberley Ranger Tours Ranger Experience pilot, from 6-12 coordinator’s core function is to ensure mutually beneficial outcomes for all Kimberley Ranger Tours is a tourism May, which proved a huge success. stakeholders in the Fitzroy catchment, enterprise initiative of the Cultural Promoted through the ACF supporter with a particular focus on Traditional Enterprise Hub. The long-term vision network, the 12 tour places sold out Owner engagement. The position, for Kimberley Ranger Tours is to be a within 1.5 days, a take up rate that established in November 2016, is based standalone operating entity, owned would be envied by any tour operator within the Kimberley Land Council. The and governed by a board of PBC and demonstrates the strong demand project partners include the University members. for the product. Post the successful
Kimberley Land Council 2016-17 Annual Report 55 Across the catchment Traditional Owners are facing the challenge of looking after country while exploring development options.
FITZROY RIVER of Western Australia, Charles Darwin a representative whole of catchment University, NAILSMA, James Cook group while others are working with University, Griffith University, CSIRO and just one or two of the research partners. DPAW. Across the catchment Traditional The methodology and focus of Owners are facing the challenge of these projects is diverse. They looking after country while exploring include clarifying the social and development options. The focus cultural benefits of Indigenous land on developing and strengthening management practices, strengthening decision making skills that will support decision-making skills of Indigenous sustainable development makes this land managers, establishing Indigenous research timely and relevant. and environmental water needs, mapping, monitoring and safeguarding significant species such as the bilby and managing riparian zones.
The first major phase of the program, the development of strong co-research agreements between all of the partner institutions and Traditional Owners, is close to completion. Each of the projects has a unique mix of Traditional Owner groups that they will be working with. Two projects involve
56 Kimberley Land Council 2016-17 Annual Report Looking after country Kimberley Ranger Network
BALANGGARRA RANGERS UNDERTAKING SNUBFIN AND HUMPBACK DOLPHIN RESEARCH, 2016
Balanggarra Rangers opportunity for rangers to put their trip for the Balanggarra team and more planning and maritime skills to the test. importantly provides the space to The Balanggarra Rangers have house two new Balanggarra Aboriginal continued to deliver high quality The rangers took one representative Corporation (BAC) staff positions. The services across their native title lands from the University of WA (UWA) out two teams (rangers, BAC and Healthy and Indigenous Protected Area. on their annual fire walk between 8-10 Country Coordinator) will be working June 2017 to assist with recording and closely together to further the cause of The group continued its work on taste protecting any rock art that they might Balanggarra people and assist BAC in aversion to cane toads in collaboration locate along the walk. The walk itself its development. with DPAW with indications the taste was through an extremely remote area aversion project delivers positive of country that had not been visited by Finally, in collaboration with the results. Traditional Owners in many people’s Wyndham Police, Balanggarra rangers living memories. Three new rock art have started a pilot junior ranger Balanggarra Rangers continued sites were found and recorded by the program. One junior ranger now works working from their satellite base at rangers with the assistance of the UWA alongside the established ranger team. Oombulgurri to support more research representative. Along the way, small It is the expectation of the Balanggarra as well as pursuing their own healthy protective burns were undertaken ranger team that with sufficient country objectives including weeds to remove the hazard of dense and funding, this program could be scaled removal and feral animal management, extremely flammable vegetation close up and relationships built between and back to country trips. to the rock art shelters. old/mature rangers and young people to transfer knowledge and provide The rangers also continued working on Early 2017 also heralded exciting culturally appropriate solutions to biosecurity and marine debris surveys new developments for the ranger the challenges some of the youth in along Balanggarra country coastlines, team and BAC. In January 2017 the Wyndham face. with objects located, recorded and rangers vacated their old ranger base destroyed. The exercise was supported and started a new lease in the old by the Australian Quarantine and TAFE buildings in Wyndham. The Inspection Service on a fee for service new office offers far better facilities basis and provided an excellent
Kimberley Land Council 2016-17 Annual Report 57 Another highlight was the turtle tagging project undertaken in May 2017, with rangers tagging a total of 20 green turtles and satellite tagging one sub adult green turtle off the islands of Ardyaloon.
TURTLE TAGGING WITH BARDI JAWI RANGER AZTON HOWARD DURING THE ‘KIMBERLEY RANGER EXPERIENCE’, MAY 2017
Bardi Jawi Rangers (Aamba and In August 2016, Bardi Jawi and turtles and satellite tagging one sub Oorany) Dambimangari Rangers undertook adult green turtle off the islands of a joint Dugong Tagging project with Ardyaloon. Two days of the project The Bardi Jawi Rangers (Aamba – men, CSIRO Scientists Peter Bayliss, Richard involved the Lombadina/Djarindjin and Oorany – women) had another Pillans and Northern Land Council Sea and Ardyaloon school children and incredibly successful year building Country Program Manager Richard another day saw the rangers host upon previous achievements and Campbell. Given the results and fee-paying tour participants on the continue to set high standards in difficult operating conditions it was ‘Kimberley Ranger Experience’, a looking after country. This financial considered a great success with good tourism trial undertaken with Australian year the team celebrated the first data obtained. Conservation Foundation (ACF) and in two Oorany rangers to complete conjunction with the Kimberley Land their Certificate Two in Conservation During the dugong tagging a French Council’s Cultural Enterprise Hub. and Land Management, while four film company came and filmed the Aamba rangers completed Coxwains Bardi Jawi Rangers in particular Kevin This year Oorany increased in size to qualifications. George undertaking ranger work and seven rangers, including six Green
cultural activities as part of the French/ Army participants and the team’s first In July last year the rangers travelled to German TV series People of the Sea. female trainee. The ladies are now the Helpman Islands (Mayala country) Kevin starred alongside Marc Thiercelin, outnumbering the men in team Bardi to assist Dr Tony Tucker from the a renowned French solo around the Jawi and appear to have their sights Department of Parks and Wildlife with world yachtsman. Also in support set on building just as much experience flatback turtle (Baawanjoon) sampling. was Ranger Zac Edgar and Traditional as rangers on country. The nursery is No nesting was observed but old and Owner Brendan Chaquebor. continuing to develop and the Oorany’s fresh nests were dug up as well as services are called on constantly by samples taken from a dead turtle on Another highlight was the turtle tagging school and other community groups. the island. project undertaken in May 2017, with rangers tagging a total of 20 green
58 Kimberley Land Council 2016-17 Annual Report GOONIYANDI RANGER VIRGIL CHEREL UNDERTAKING BILBY MONITORING
The Bardi Jawi rangers also hosted and Traditional Owner management Agreements) as they look at ways to a visit from the AFL Indigenous All around the site. better manage species such as turtle Stars players, club and AFL staffers in and dugong. February 2017. The rangers took groups The 2017 dry season burning in Bardi through the ranger base for a cultural Jawi country has required significant Dambimangari Rangers presentation and a boat tour of the work given the high level of fuel loads islands prior to a large community left from a big wet. The combination of The Dambimangari IPA contract was event in Ardyaloon. planning, coordination and awareness, taken over by the Dambimangari extra casuals employed and aerial Aboriginal Corporation (DAC) in early The ranger group was also engaged by burning has reduced the threat of large 2017. DAC already runs its Working Jawun to provide cultural awareness hot late season fires damaging country on Country funded ranger program and immersion within Bardi Jawi (including monsoonal vine thicket and 2016-2017 has been another country to executive representatives sites) and threatening infrastructure. highly successful year for the rangers of their corporate partner companies. in achieving significant land and The partnership has a strong focus Bardi Jawi, Nyul Nyul, Karajarri and sea management outcomes. The on looking at how Jawun can provide Yawuru Rangers from West Kimberley work undertaken by the rangers has skilled people to assist the ranger groups went on an exchange to North provided pathways to enhance ranger program when additional capacity is Queensland to learn about sea country skills and employment opportunities required. management in coastal IPAs and the to the Dambimangari members of the Great Barrier Reef Marine Park. This community. For example, with the Dr Steve Salisbury started his research included visits to the Mandingalbay assistance of Grant Streeter at KGB on the human footprints at Djarindjin/ Yidinji IPA and the Girringun IPA at Marine the Dambimangari Rangers Lombadina after an approved research Cardwell. The exchange focused have continued to make solid progress agreement was developed. We will be on various aspects of sea country towards achieving commercial awaiting the results of this research and management but of note for Bardi Jawi qualifications on the water that will managing this project with particular was the implementation of TUMRA’s allow them to skipper vessels up to attention to the need for better visitor (Traditional Use Marine Resource 12m in length. Kimberley Land Council 2016-17 Annual Report 59 Gooniyandi Rangers have been heavily involved with the Bush Ranger Program in the Fitzroy Valley and have worked closely with the Yiriman Project to engage more youth in the education system.
Rangers have carried out a wide range of projects across a large area from the Kimbolten Ranges across to the Prince Regent River. The rangers continued providing important fire services with successful aerial burns through the Northern Kimberley Fire Abatement Program. In addition, the rangers provided fire suppression services later in the season including defensive back burning at Freshwater Cove and the Coppermine Creek.
Increasing emphasis has also been placed on monitoring and evaluation, KARAJARRI RANGERS BRAEDON TAYLOR AND KELVIN MITCHELSON ON A VISITOR MANAGEMENT PATROL including the deployment of 30 motion AT MIRTANYMARTAJI ( GOURDON BAY ) sensing cameras across Dambimangari country, trials of time-lapse cameras for assistance with community and Gooniyandi Rangers have been heavily visitor monitoring and surveillance, and cultural activities. involved with the Bush Ranger Program various threatened species monitoring in the Fitzroy Valley and have worked projects including turtles, dugongs, closely with the Yiriman Project to dolphins and sharks. Gooniyandi Rangers engage more youth in the education The Gooniyandi Rangers continued to system. The program has seen rangers The rangers have also been engaged work strongly as a team during 2016-17 work closely with three schools, in in weed management activities in to carry out a wide range of tasks to particular the Fitzroy Valley District Kuri Bay, Kunmunya, Yalloon, Silver better care for country. High School, who have reported big Gull Creek, Turtle Island and Cone changes in student attendance rates as Bay. Maintenance activities were The rangers completed early season a direct result of the ranger program undertaken at Yalloon and Coppermine burning, both on the ground, and with Creek, and various cultural sites were the use of helicopters. Operations Gooniyandi Rangers helped host a visited and maintained including in the were predominately focused on Mt regional bilby workshop in Fitzroy Yampi Sound Training Area. Pierre, Louisa and Bohemia stations, Crossing which brought together as well as community protection leading scientists, researchers and Working together with DAC burns at Bayulu, 8 mile and Mulutja. ranger groups from across the Kimberly management staff, the rangers have put The 2017 fire season also saw an to share knowledge on how best to together one of the most well-equipped increasing collaboration with DFES, monitor bilby activity on country. workshops, storage and ranger base which has come about from a greater facilities in the Kimberley. The rangers recognition of rangers’ expertise in fire Another highlight for the rangers has have continued to provide assistance management. Rangers also responded been the ongoing development of the and support to DAC members through to numerous wildfires in the Fitzroy Gooniyandi Aboriginal Corporation site general maintenance, removals, Valley and assisted with efforts to and ranger base at Bayulu Hills, and the transport and delivery services, and contain a large fire on the Gibb River PBC and rangers are looking forward Road. to carrying out major works this year
60 Kimberley Land Council 2016-17 Annual Report Treatment of the weed involves rangers walking the river banks and using several treatment methods depending on the growth state of the plant.
customers on country for two days in the Gourdon Bay and Port Smith area. • Fencing projects designed to prevent cattle and camel degradation of precious coastline and wetlands. • Karajarri Women’s Project looking at developing small scaled enterprises around bush medicines and products. A big YIRIMAN camp was held at Mangkuna to progress these initiatives with over 100 attendees. • The commencement of the Karajarri Wangai Muwarr Project – Keeping the KIJA RANGERS, 2016 Karajarri Stories Alive. to create a hub for Gooniyandi culture, one female, were selected and attend Kija Rangers knowledge and business. three days at school and two days The Kija Rangers have been busy over with the rangers. The program aims the 2016-2017 wet season. Due to Karajarri Rangers to encourage completion of year 12, high rainfall over an extended period, followed by a full time job with the The Karajarri Land and Sea Program native plants have had a good growing Karajarri Rangers. season, however invasive plants and includes the Karajarri Rangers and Indigenous Protected Area. The weeds of national significance have This addition coupled with an increase also seen increased growth, with Karajarri Rangers have had a busy year in our Green Army team from four to six implementing their Healthy Country rainfall and flooding making it possible has seen a total of 16 Karajarri staff and for weeds to spread over a wider area. Plan. A big advancement has been the members at work each week, as well integration of this plan with an online as casual staff. The Karajarri women’s cultural database and the use of a data ranger coordinator has also joined the In November 2016, the Kija Rangers collecting tool called Fulcrum. This has team’s permanent staff. allowed for a more streamlined process started work to treat Bellyache bush for work planning, scheduling, doing (Jatropha gossypiifolia), which is Karajarri Rangers have undertaken: and reporting. The next challenge lies regarded as one of the worst weeds in in developing a sound monitoring and • The launch of Australia’s largest Australia because of its invasiveness, evaluation framework which the team bilby survey as part of the La Grange potential for spread, and economic, is now in a good position to undertake. aquifer rare plant and animal survey. environmental and social impacts. • Visitor management operations Bellyache bush is a declared plant Earlier this year the Karajarri Rangers developing walking trails, shade in WA and a weed of national launched a school based trainee shelters, and increasing ranger significance. The project sites (near program, partnering with Kimberley patrols. The rangers also participated Bow River Community and Mabel Group Training and Bidyadanga High in a KLC/ACF tourism pilot project Downs Homestead) represent known School. Two students, one male and where they hosted 12 paying infestation sites and are among
Kimberley Land Council 2016-17 Annual Report 61 The Ngurrara 2 Way Learning project has three intertwined components – environment, education and employment.
NGURRARA RANGERS AND STUDENTS FROM DJUGARARI AND NGALAPITA REMOTE COMMUNITY SCHOOLS, THE SHELL 2-WAY LEARNING PROJECT CAMP AT KURLKU. headwaters that flow into the Ord River procera), Neem tree (Azadirachta More than 120 young people, including and beyond, representing tactical indica) and Rubber Vine (Cryptostegia at least 10 who are unemployed will points of control. grandiflora). The rangers undertake this be engaged in study that captures work with other agencies, including both the science and traditional Treatment of the weed involves rangers DPAW, Department of Agriculture and ecological knowledge of culturally walking the river banks and using Food, State NRM and Rangelands NRM. and environmentally significant water several treatment methods depending The Kija Rangers also deliver weed sources in the northern Great Sandy on the growth state of the plant. control on a Fee for Service basis to Desert. The work involves carrying around mine sites. All rangers have received The Ngurrara 2 Way Learning project backpacks with herbicide. It is hot and recognised training in mapping and has three intertwined components sweaty work, with the best time to treatment of weeds. The Kija rangers – environment, education and treat the plant being earlier in the day. have a strong focus on safety and work employment. Integral to all the The rangers have been working on this under high safety standards. components is a strong cultural project for the last three years, with base, founded in the guidance and evident results. The rangers have been Ngurrara 2 Way Learning Project mentoring of Ngurrara elders and the able to prevent the upstream spread of Ngurrara Rangers working with young the weed and keep a large catchment The Ngurrara 2 Way Learning project people in a culturally appropriate and area free of the weed. During an annual is a two and half year cultural and sustainable way. fire walk, the rangers could enjoy the environmental program that combines northern part of Bow River completely western science and traditional A 2 Way community cultural education Bellyache bush free. knowledge. It aims to build the officer has been employed part-time capacity, aspirations and employability to facilitate the project and mentor The Kija Rangers also work hard to skills of Ngurrara youth, who live the youth involved, bridging the twp control Parkinsonia (Parkinsonia across a number of remote Aboriginal knowledge systems together with aculeata), Rubber Bush (Calotropis communities in the Kimberley. the aim of finding some interesting
62 Kimberley Land Council 2016-17 Annual Report In June 2017 Ngurrara achieved a major milestone with the construction of a remote ranger base at Lumpu on the Canning Stock Route.
GROUP SHOT OF NGURRARA RANGERS, 2016.
Ngurrara Rangers Yanunijarra Aboriginal Corporation Ngurrara have also recently upgraded (YAC) and the KLC for the WoC and IPA their data management system to a The Ngurrara Rangers enjoyed another contracts. The agreement is part of a new recording program (Fulcrum), busy and highly productive year, two-year staged process to transition which will make it easier for rangers achieving a range of outcomes on the ranger program to the PBC. The to record information on country and Ngurrara country and the Warlu Jilajaa agreement recognises the capacity upload it into the Ngurrara Cultural Jumu IPA. and motivation within YAC to manage Database. their own ranger program, while also In June 2017 Ngurrara achieved a major maintaining a high level of support and Nyikina Mangala milestone with the construction of a corporate knowledge transfer from the remote ranger base at Lumpu on the KLC to ensure that YAC are fully set-up The Nyikina Mangala Rangers have Canning Stock Route. The completion for success. undertaken a number of diverse of which has been a long held goal projects across large areas of desert, of Ngurrara. A base, toilets, bore and The men’s and women’s ranger river and coastal country to protect and showers were installed at the site which teams have continued to grow and enhance biodiversity values. will allow rangers to base themselves develop, with the six positions through for longer periods on the route to the Green Army project providing Working alongside cultural advisers, manage the Jilas and monitor the opportunities for young people to the Nyikina Mangala Rangers have increasing amount of tourism in the engage with the rangers and land taken a community approach to their area. It was a logistically challenging management. Ngurrara are about to work and have engaged a variety of project and its success was a result of commence a pre-employment program project partners to provide services, meticulous planning and hard work. with Karrayili to build on the mentoring skills, opportunities and training to six and skills embedded in the rangers to communities within the area. The other major milestone in this support job seekers in the Fitzroy Valley period was the development of a transition to work. Some of the highlights from the subcontracting agreement between reporting period, include rangers
Kimberley Land Council 2016-17 Annual Report 63 The Nyul Nyul Rangers’ fire management program has expanded across the middle peninsula with the support of Nyul Nyul, Jabirr Jabirr and Nimanbur Traditional Owners.
working with KAPCO on a major project to install 24 kilometres of fencing on Mt Anderson Station to exclude cattle from sensitive areas of the Fitzroy River and to improve herd management on the station.
In the biodiversity field, Nyikina Mangala rangers and Murdoch University recorded green sawfish in the Fitzroy River for the first time, the discovery meaning that three of Australia’s four sawfish species can be found in the Fitzroy River. Rangers have also continued their research partnership with WWF on the location PHOTOWILIJI PHOTO CREDIT: - MON ACQUELINE TO SEND BATRUS, WWF-AUSTRALIA and habitat of the endangered Black Footed Rock Wallaby in the Grant and Nyul Nyul Rangers The program has become a major Edgar Ranges. contributor to an overall Rangelands Situated on the Dampier Peninsula fire program for the Dampier Peninsula north of Broome, and based at Beagle In May of 2017 the Walalakoo in association with other Indigenous Bay, the Nyul Nyul Rangers have Healthy Country Plan was launched ranger teams, the pastoral industry, worked closely with their Traditional at Jarlmadangah. The plan uses non-government and government Owner Healthy Country Advisory the internationally recognised stakeholders. A continued partnership Committee this year, continuing with a Conservation Action Planning with the Department of Fire and range of on-country activities. methodology to map out a 10-year plan Emergency Services has also increased of management for Nyikina Mangala overall output efficiencies. Together country and builds on previous plans The recruitment of new Green Army with KLC fire management staff and using the expertise of Traditional rangers increased the ranger group’s Charles Darwin University, carbon Owners, cultural advisers and ranger total number of staff to 15, including abatement modelling continues for the input. several new women rangers. Two Green Dampier Peninsula. Army women rangers have now been In other positive news, after winning promoted into the Working on Country Additional work on threatened the KGT Kimberley Trainee of the Year, ranger group, and are to commence ecological communities, Monsoonal Raymond Charles was nominated for Certificate III in Conservation and Land Vine Thickets and Mound Springs, West Australian Trainee of the Year Management studies in 2017-18. has resulted in new registrations which he was awarded runner-up via government agencies, and a in a ceremony in Perth – a massive The Nyul Nyul Rangers’ fire subsequent expanded program for fire achievement. management program has expanded and weed protective works. across the middle peninsula with the support of Nyul Nyul, Jabirr Jabirr Monitoring of the endangered Gouldian and Nimanbur Traditional Owners. Finch and Greater Bilby by Nyul Nyul
64 Kimberley Land Council 2016-17 Annual Report In the 2016-2017 burning season, Uunguu Rangers undertook early season prescribed burning with assistance from the KLC.
FIRENYUL PLANNING NYUL RANGER MEETING ALBERT WITH WIGGAN NYIKINA DURING MANGALA THE RANGERS‘KIMBERLEY AT RANGERWILLARE EXPERIENCE’ TOUR
Rangers has also played a major role in was also undertaken. Small mammal have successfully continued training the rise of anecdotal and photographic monitoring was undertaken in July with three Uunguu Rangers completing sightings by community members 2016 with DPAW and had an added Certificate III in Conservation and Land of these species. This has resulted in camera trap component at 24 sites. Management units. attracting a number of bilby monitoring The Northern Quoll cane toad aversion Fee for Service (FFS) projects connected project continues in collaboration with Paruku IPA Rangers to the construction of the 80 kilometre DPAW. unsealed part of the Cape Leveque The Paruku Rangers carry out Road. - Rangers supported a Kalumburu various environmental and cultural School camp to Garmbemirri in July management practices to protect, enhance and develop the Indigenous Uunguu Rangers 2016. Cultural activities were run with students and the school camp will now Protected Area in the desert region of The Uunguu Rangers have continued become an annual event due to its the south-east Kimberley. work to deliver a variety of cultural, success. economic and ecological outcomes on Environmental tasks have focused Wunambal Gaambera country. In the 2016-2017 burning season, on controlled burning, feral animal Uunguu Rangers undertook early management, weed control, water Weed management was a major focus season prescribed burning with monitoring, tourism management and of the ranger group, particularly during assistance from the KLC. The group flora and fauna surveys. the wet season months. The Uunguu has qualified rangers who are able rangers also conducted important to operate the incendiary machine Cultural engagement has included work with threatened species. A independently in aerial operations. incorporating traditional knowledge turtle camp was held in August 2016 These operations were able to occur into land management practices, and included annual monitoring of without the assistance of DPaW maintaining sacred and significant turtles (boat transects) and seagrass and were well controlled with good sites and facilitating the transfer of quadrats, while kangaroo monitoring outcomes. The rangers themselves knowledge to younger generations.
Kimberley Land Council 2016-17 Annual Report 65 The Paruku Rangers have continued to undertake campground maintenance at the Wolfe Creek Crater Reserve as per a fee for service agreement with DPAW.
PARUKU RANGERS
mentioning that the previous parasite at the Wolfe Creek Crater Reserve The Paruku Rangers have achieved fish infestation is no longer in existence. as per a fee for service agreement many project outcomes in 2016-2017. The Paruku Rangers worked with with DPAW. The rangers have also Of particular note, a major return community elders and the school been approached by Central Desert to country trip was successfully to highlight the importance of this Native Title Services to undertake fee completed with the aid of the Yiriman research. Through this program the for service work in assistance with Project, involving 50 Traditional rangers were able to facilitate various their recent claim meetings held in Owners from many communities in cane toad education sessions within and around Mulan community. This the east Kimberley. The trip has had the IPA. This involved DPAW working has been a great opportunity for the many attempts and was a logistical with school classes to promote cane rangers to work alongside Central feat to complete. The journey allowed toad awareness given their imminent Desert. Traditional Owners to return to their arrival. land for the first time in over 30 years, In November 2016 Ranger Coordinator and enabled others to visit this country Other notable ranger activities included Jamie Brown and IPA Coordinator Erin for the first time in their lives. Many of threatened species survey work for Flynn attended the Indigenous Desert the participants were very elderly and the bilby, administered by WWF, Alliance conference to network and are unlikely to have the chance to visit and continued monitoring of bird share ideas, and collaborate regionally this country again. populations including an aerial bird with other desert land managers from count with DPAW. The rangers also the Kimberley, Pilbara, Goldfields, APY Another project of note to have completed their first controlled burn in Lands and the Western Desert. occurred in the reporting period some time, focusing on campgrounds, was the Waterways program, run by cultural and heritage sites of Wunggurr Rangers DPAW and the University of WA. This significance. ongoing water monitoring program Throughout 2016-17, Wilinggin’s that analyses environmental impacts The Paruku Rangers have continued to Healthy Country team has continued to around Lake Gregory. It is worth undertake campground maintenance make solid progress in implementing
66 Kimberley Land Council 2016-17 Annual Report Wilinggin Aboriginal Corporation has established a cultural advisory committee consisting of senior elders to advise on which clans speak for which country.
PARUKU RANGERS WALKALI BACK TO COUNTRY TRIP, 2016 the Wilinggin Healthy Country Plan The Healthy Country Coordinator from 4-7 October 2016. The trip was 2012-2022 in accordance with the has been participating in bi-monthly well attended by all generations strategic directions provided by meetings with Nyaliga Aboriginal of Traditional Owners from across Wilinggin’s Healthy Country Advisory Corporation, Indigenous Land the Kimberley. Activities included a Committee. Corporation, Kimberley Land Council, welcome to country, junba workshops, The Nature Conservancy and other Ngarinyin story time for children, Wilinggin Aboriginal Corporation relevant partners to progress Nyaliga’s Ngarinyin language practice for adults, has established a Cultural advisory enterprise development streams (fire painting and totem making, making committee consisting of senior elders management/carbon business, cattle boomerang and clap sticks and boab to advise on which clans speak for management, tourism, cultural and nut painting, seed jewellery making, which country. Senior Ranger Kevin environmental management, and bush medicine, making fire with fire Dann is the key point of contact in supporting the divestment of Karunjie sticks, bush tucker and photography/ the Wunggurr rangers responsible and Durack River Stations to Traditional video skills for children to record their for ensuring that the ranger team is Owners. The Healthy Country experience during the week. The trip engaging with representatives of the Coordinator prepared a draft annual was delivered in partnership with the right clan groups for work on particular work plan for the Nyaliga ranger team Yiriman Project, Mowanjum Arts Centre, areas of Wilinggin country. in consultation with Nyaliga members Derby Youth Centre and Kimberley Membership of Wilinggin’s Healthy and supported application for Green Land Council. Country Advisory Committee has Army funding. Green Army funding has been improved to now include been provided to support the Nyaliga In October 2016, KLC mobilised the representatives from all seasonal and Ranger team’s first six months of entire Kimberley Ranger Network in permanent communities on Wilinggin operations. fire suppression activities across much country. This includes Munja, Pantijan, of Wilinggin country. Almost 2 million Majaddin, Marunbabidi, Imintji, A back to country trip for around hectares were burned but eventually Kupungarri, Dodnun, Ngallagunda and 100 Traditional Owners and partners the fire was brought to a halt along the Karunjie. was held at Walada (Mount Hart) Charnley River. Strategic fire breaks
Kimberley Land Council 2016-17 Annual Report 67 In October 2016, KLC mobilised the entire Kimberley Ranger Network in fire suppression activities across much of Wilinggin country.
JACQUELINE WUNGUNDIN, ANIQUE BEAR, BRONWYN TAYLOR AND REBECCA WUNGUNDIN AT WILINGGIN’S 2016 BACK TO COUNTRY TRIP TO WALADA (MT HART) from early dry season fire operations allowed the rangers to back burn between scars and along creeks to successfully prevent the fire intruding into Wilinggin’s fire project area.
The annual fire meeting was highly successful and laid the groundwork for much of the fire work that happened in 2016-2017. Two fire walks were completed, with the first walk occurring in collaboration with the newly formed Nyaliga ranger group on Durack River Station. The Wunggurr rangers provided directional support and equipment as this was the first time the Nyaliga rangers had attempted a fire walk. A total of nine Traditional Owners, rangers and coordinators participated in the walk. During the walk, the group was met by the senior Traditional Owner of that country who passed on his valuable knowledge of country and culture.
68 Kimberley Land Council 2016-17 Annual Report Glossary Glossary
AGM Annual General Meeting ADJR Administrative Decisions (Judicial Review) Act, 1977 ALT Aboriginal Lands Trust AQIS Australian Quarantine Inspection Service CATSI Act Corpor ations (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 W anjina Wunggurr Registered Native Title Bodies Corporate
Kimberley Land Council 2016-17 Annual Report 69 Financial Statements 2016-17 Financial Statements
70 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 71 72 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 73 74 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 75 76 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 77 78 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 79 80 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 81 82 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 83 84 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 85 86 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 87 88 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 89 90 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 91 92 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 93 94 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 95 96 Kimberley Land Council 2016-17 Annual Report Kimberley Land Council 2016-17 Annual Report 97 98 Kimberley Land Council 2016-17 Annual Report Notes Notes
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Kimberley Land Council 2016-17 Annual Report 99 ICN: 21
100 Kimberley Land Council 2016-17 Annual Report