ANNUAL REPORT 2010-2011 The is the Native Title Representative Body for the Traditional Owners of the Kimberley region.

We represent 29 native title claim groups across the Kimberley. Our organisation was established by Aboriginal people for Ab- original people and was formed during the political upheaval of the great Noonkanbah battle and the struggle for land rights.

Our representative area covers 412,451 square kilometres and the KLC has worked hard to deliver native title to our members. The Kimberley is now 65 per cent determined native title land.

We stand by our vision to Look after country, Get back country and Get control of our future.

As a result, our focus as a grass-roots community organisation, is to work with ourTraditional Owners in the areas of native title, agreement making and land and sea management.

Our organisation has a long and proud history and we look to continue to achieve positive outcomes for Kimberley Tradition- al Owners into the future.

Kimberley Land Council Kimberley Land Council 2010/2011 Annual Report 83 87 91 F1 103 104 107 107 109 112 115 117 119 ...... assessment practices...... and their committees . roles planning and performance...... management ...... contracting areas National heritageNational A FOUR | HAVING PART STRONG ORGANISATION services Corporate governance Corporate ...... board Executive Senior management and operational Corporate Human resources and tendering Consultants, Glossary...... report...... Financial PART THREE | LOOKING LOOKING THREE | PART AFTER COUNTRY Land and sea management Overview...... Land and sea projects. .. Kimberley Ranger Program Indigenous protected 27 35 36 43 44 45 49 51 52 55 59 60 63 64 71 72 74 75 77 23 25 ...... ACHIEVING THE ACHIEVING ...... categories title...... agreements ...... assessment strategic ...... administration performance...... Native title claim updates Native | claim Priorities of native Criminal defences Outputs...... Disputes | of the future Getting control experience agreements The Overview...... agreements Negotiated acts...... Future Indigenous land use solutions unit Regional .... LNG precinct negotiations and benefits...... Agreements Indigenous impacts and Other projects...... of performance Analysis ...... Reviews Other functions...... and Governance Summary. output data of Discussions and analysis Getting back country | The The Getting back country | title claims experience native title ...... Outputs | Native . applications Claimant PART TWO PART | VISION Report on performance. 9 7 3 5 15 15 17 19 19 ...... structure...... plans...... operational Body overview ...... Chairmen...... values Role and functions ...... structure...... Organisational and output Outcome and of the strategic Features ABOUT US | Title Native Representative Message from the CEO. Message from Introduction...... the Message from PART ONE | INTRODUCTION PART Our mission, vision and Contents

Part One Introduction | About us 3 Improve the cultural, social and economic social and economic the cultural, Improve of Kimberley well-being Aboriginal people to secure body as an effective Operate of the aspirations and deliver rights for, KimberleyOwners Traditional policies, implement and Develop a and activities deliver that strategies Traditional of serviceshigh standard to afterlook to Ownerscountry, back get to and of the future get control to country, organisation a strong have to sound, and implement Develop planning and and effective appropriate and documents processes review To get back country To look after country To of the future get control To organisation. a strong have To • • • • • • • • Objectives Mission Aims

to get back country, to look afterto country and . of our future get control to The Kimberleyis a community The Council Land Traditional with and working for organisation Owners of the Kimberley… and strong. relevant vision remains KLC The a Strategic been guided by has always KLC The and although it is no longer a requirement Plan in it is seen as a vital instrument of FaHCSIA, In this reporting future. planning the KLC’s the 2011–2016 approved Board the KLC period, plan links to strategic KLC The . Plan Strategic plan, which FaHCSIA our annual operational implement establish and us to requires annually. n Our visio Our mission, vision & values vision Our mission, Values Operational • Achieve real benefits, long-term The KLC, as a peak Kimberley Aboriginal outcomes and realistic aspirations organisation, is dedicated to the development through a commitment to social justice, of a modern, sophisticated and innovative reconciliation and equality service to our members. The KLC is conscious of the dynamic pressures in contemporary • Protect Country and Culture — Land, Law Aboriginal society and emphasises the role of and Language communities in managing those pressures. • Promote sustainable connection to country The KLC is a community-driven organisation, • Act in the best interests of Traditional charged with the responsibility to protect, Owners through effective management enhance and give formal legal, social and and fully informed decisions political status to the customs, laws and traditions of Kimberley Traditional Owners, in accordance with the following values.:

Organisational • Respect for our law and culture • Respect for our elders and stakeholders • Fair and transparent decision making • Effective and open communication • Working in Partnership • Trust and loyalty • Justice and equality for Indigenous people • Cultural diversity

4 | Kimberley Land Council Annual Report 2010-2011 Part One Introduction | About us 5 Tom Birch and Frank Davey and Frank Birch Tom Nolan Hunter 21 36 Pembroke Rd 36 Pembroke 2145 PO Box 6725 WA Broome Fax: (08) 9193 6279 Fax: Email: [email protected] www.klc.org.au Telephone: (08) 9194 0100 Telephone: Contacts Co-Chairs: Acting CEO: ICN:

Getting back country of our future Getting control Looking after country organisation a strong Having • • • • The Kimberley Land Council has experienced Kimberleyhas experienced The Council Land our activities, While years. in recent growth rapid Title Representative role as a Native fulfilling our Body) remain Representative Title Body (Native we of our organisation, business the core of range include a broad to expanded, have and activities achieve help us to that programs get vision is: to That the vision of our members. get control look after country, to back country, organisation. a strong have and to of our futures Body Representative Title part As of our Native Commonwealth the with agreement funding present to is required the KLC Government, Title on Native information detailed technical Body functions in its Annual Representative is included in this information This Report. the on report. included is information Also other aspects which reflects of the organisation of operations. the full diversity Report the Annual a result, As is organised 2011, main headings: under four Introduction This way of presenting the Annual Report the Annual of presenting is way This and will make it Plan in line with our Strategic is doing, the KLC see what members to easier for direction of and the future it has achieved what the organisation.

Part One Introduction | About us 7 Co-chair Frank Davey Frank for our people so we can utilise our knowledge our utilise can we so people our for jobs and an income of country while proving communities. remote for stream is about finding the KLC, the do at Everything we development economic between right balance and conservation. Traditional also been working with have We that agreements positive Owners negotiate to Kimberley people with Aboriginal will provide benefits. changing life agreements historic has negotiated KLC The Owners the in Traditional Kimberleyput that make informed position to possible strongest opportunities. positive decisions and create on the KLC by negotiated agreements Many set Owners have Traditional behalf of Kimberley making and agreement for standards national people. Aboriginal for can be achieved what organisation a strong be to continues KLC The our for outcomes positive which achieves members. challenges in the past many faced have We legal reporting had several period and have against us. actions brought to been found have we In each of these cases, as set out in and process our role followed have 1993. Act, Title the Native in a Federal up stood has Our organisation should all is something we That Court of Law. been has always Our organisation of. be proud KLC The and transparent. accountable open, Owners and Traditional takes instructions from will. always of our organisation. has been the success This history future a strong and a strong have We ahead of us. Birch Tom

Co-chair Kimberley Traditional Owners working are to Traditional Kimberley our people. for futures strong create create long held a vision to Our old people have in the Kimberley. sustainable communities been doing business have we a result, As working our people to ensure differently, and training with employment, provided are opportunitiesbusiness our complement that knowledge of countrythriving culture, and of our country. wealth native from stems the KLC do at Everything we Kimberley of the per cent than 65 More title. our gives This title land. native is determined make right to The forms. people rights in many the right to about our country, agreements want but also the right to manage our country, finding a new our people by for future a better off our land. live to way in the Kimberley, groups 13 ranger have We our men and full-time jobs for providing models and are Our Rangers role women. are impact a positive on our communities having while working our country protect to and language and culture. our law, strengthen has also been working with the KLC The assess and recommend to Government Federal Heritage National Indigenous for values cultural IfHeritage ahead, goes Listing National Listing. of protection an extra layer it will provide is development while ensuring any that the highest possible and to done sensitively heritage standards. and cultural environmental the Heritagerecognise also will Listing National Kimberley its important for Indigenous cultural Our Kimberley values. living landscape that is a and tradition. is rich in culture also been Owners have Traditional Kimberley building a carbon economy looking towards Message from the Chairmen the from Message

Part One Introduction | About us 9 ack country Getting b of our operations the core is at title Native secured and in this reporting period the KLC Traditional for title determinations native three Owners of the Kimberley. and arduous is a long title Gettingnative human cost a great at comes that process, who have Kimberley to people, Aboriginal of their the rightful owners they are prove to country. traditional community in the northWunggurr Wanjina The 2011 afterKimberley title in May gained native for their land rights. fighting than 14 years more community is comprised Wunggurr Wanjina The Wunggurr title claims —Wanjina native of three Wunggurr Uunguu Wanjina Wilinggin, and Wunggurr Dambimangari.Wanjina These bloc as they a cultural represent areas three based on the and law similar mythology share Wunggurr spirits. Wanjina Court a handed down Federal The Wanjina the title for of native determination 23, 2011 at Uunguu people on May Wunggurr Airbase. Truscott an on country hearing at Kimberley actedThe on behalf Land Council claimants Uunguu Wunggurr Wanjina of the 25,909 square title across native negotiate to Most of the kilometres of land and sea country. possession – title claim will be exclusive native title. of native form which is the strongest

Chief Executive Officer Executive Chief the last in much success has achieved KLC The reporting our vision of get achieve period to of control get look after country, back country, organisation. a strong have and to our future functionsIn and our core line with to has continued the KLC responsibilities, high quality native servicesdeliver to in relation agreement land and sea management, title, . making governance and regional in has achieved the KLC outcomes, positive The the last reportingbe possible not could period, from and commitment work without the tireless Kimberley people, our members, Aboriginal invaluable and provide who guide our team our organisation. to experience fulfil the ambitions of to worked have We with worked Owners and have Traditional economies build sustainable cultural them to built from are that Economies in the Kimberley. our participation in conservation and land and utilise our knowledgemanagement of an income and training jobs, country create to communities. for stream will continue In line with this vision, the KLC Traditional for title outcomes pursue native to complementaryon Ownersfocusing while National key projects such as carbon trading, Heritage Listing and the Kimberley Ranger Initiative. Message from the Acting Acting the from Message Federal Court Judge Gilmour, in an on country The KLC has developed specialised functional hearing at Cone Bay, handed down the native units (Agreements and Regional Solutions) title consent determination of the Wanjina to deliver agreement making functions, Wunggurr Dambimangari claim on May 26, including future acts and Indigenous Land Use 2011. Agreements. This reflects the policy of the KLC to continue to deliver sustainable economic The Wanjina Wunggurr Dambimangari native development underpinned by recognition of title claim covers of 27,932 square kilometres native title. of land and sea country in the north Kimberley. Looking After Country The Kimberley Land Council also acted on behalf of the Wanjina Wunggurr Dambimangari Looking after country has become a significant native title claimants to negotiate the consent part of the KLC’s operations as evidenced in determination across Crown Land and islands the continuing expansion of our land and sea in the . Much of the management unit. determination is exclusive possession, the strongest form of native title recognised in The KLC facilitates 13 ranger groups charged Australian Law. with the mission of looking after country through using a combination of traditional Native title is about respect and the recognition ecological knowledge and western science. of Aboriginal people’s rights to country. Rights that can’t be ignored or brushed aside. The Kimberley Ranger Program employs more than 80 Rangers, who work to gain As a result of the three native title deter­ TAFE qualifications in Conservation and Land minations, more than 65 per cent of the Management. The strength of the Kimberley Kimberley is now determined native title land. Ranger program lies in its cultural significance through the guidance of our elders and assists This highlights the success of the KLC in in the transfer of knowledge from old people to securing native title rights for Kimberley young people. It also improves the health and Aboriginal people while assisting them to wellbeing of Rangers while working to improve secure their vision to get back country. the social fabric of communities. Native title not only provides Kimberley Aboriginal people with recognition as the Indigenous Protected rightful owners of their traditional lands but Areas it also provides our people with opportunities to progress forward and create benefits for The KLC has also been working with the Federal themselves and their community. Government to conduct Indigenous Protected Area consultations with saltwater native title groups. In this reporting period, the Wanjina Wunggurr Uunguu native title holders declared an Indigenous Protected Area on their country.

10 | Kimberley Land Council Annual Report 2010-2011 Part One Introduction | About us 11 decision on National Heritage Listing in the decision on National make a decision He is expected to Kimberley. early in the next reporting period. e ntrol of the Getting co future the has been working ensure to KLC The in the best are Owners represent we Traditional their own of get control possible position to future. increased the Kimberley as faces, is why, That is working to the KLC pressures, development uncovered any across claims title native lodge the right to Owners have Traditional — so areas about decisions and make informed negotiate on their country. happens what has worked In this reporting the KLC, period, a they have Owners ensure to Traditional with that agreements negotiate the table to at seat the communities while protecting will benefit and heritage. culture environment, Owners, Traditional JabirrGoolarabooloo Jabirr with of negotiations years than four after more an signed Woodside, and Government the State the taking Price for James of land at Agreement of an LNG Precinct. the development for Point which in agreement historic a was This able to were Owners and the KLC Traditional benefits including job, changing life negotiate and business opportunities. training the start Owners, at of this process, Traditional at development to not agree said they would on their promise. delivered have They cost. any that Owners a commitment secured Traditional be no further would on there LNG development Kimberleythe reservingwhile coast, right the

e National Heritage Assessment also been Owners have Traditional Kimberley Heritage Council working with the Australian assess the to Government and the Federal HeritageKimberley National Listing. for been the Kimberley people have Aboriginal and have behind this initiative driving force which far, so supportivebeen process the of with consultations has included widespread recommend and assess to groups title native listing. Indigenous for values cultural in the Owners became involved Traditional because HeritageNational Listing process the Kimberley cement as to they wanted while level a national at place an Aboriginal ensuring the Indigenous of the values cultural future for and recognised protected are region generations. eagerly Owners awaiting now are Traditional Burke’s Tony Minister Environment Federal The Indigenous Protected Area or Aboriginal or Aboriginal Area IndigenousThe Protected than 340,000 more covers Park National hectares of country the and will be managed by Uunguu Rangers. Aboriginal provide Areas Indigenous Protected opportunitythe with people afterlook and to while their way, country, manage their own for benefits jobs and economic also creating communities. one provides Area IndigenousAn Protected the modern into enter our people to for way our environment while protecting economy It is one of the our culture. and strengthening in both worlds. can walk we ways to oppose the development on environmental Having a strong grounds. Traditional Owner support for the organisation project is also conditional on the social impacts of the project being addressed to ensure the The KLC continues to grow and expand, now project has a positive impact on communities. employing 113 people.

In this reporting period, the KLC also worked Our operations have evolved and our with the Lumugal people to negotiate an organisation is now a dynamic place, working agreement with Kimberley Metals Group for an to fulfil the vision and ambitions of the iron ore mine to be built near Pompeii’s Point in Traditional Owners we represent. the east Kimberley. During the reporting period KLC Chief This agreement was about the Lumugal people Executive Officer Wayne Bergmann stepped doing something to help themselves while down from this role after more than 10 years finding a new way to live of their land. at the helm, to pursue economic development opportunities for Kimberley Aboriginal people. The agreement is an investment in the future of the Lumugal people as it will create jobs, Wayne worked to achieve many successful educate their children and create business outcomes for Traditional Owners especially opportunities for the community. in the area of native title. He also worked to negotiate positive benefits for Kimberley Mayala Traditional Owners also negotiated an Aboriginal people through mining agreements, agreement for an iron ore mine in the North so they could enter into the modern economy Kimberley as a way to provide an economic and create employment, training and business future for their people. opportunities. The deal between Mayala Traditional Owners Wayne was also a strong advocate for and Pluton Resources is for the construction Indigenous decision making and Indigenous and operation of an iron ore mine on Irvine rights and worked tirelessly to lobby Island, in the Buccaneer Archipelago north of governments to improve the livelihoods of Derby. Indigenous people. The Agreement includes significant training, We thank Wayne for his contribution and employment and business development lasting legacy at the KLC and wish him all the opportunities for Mayala Traditional Owners. best in his future endeavours. The project will operate to best practice cultural, heritage and environmental standards. As a result of Wayne’s departure from the organisation, I will be Acting Chief Executive The KLC has a long history of securing Officer, while the KLC works to recruit a new considerable outcomes for Traditional Owners CEO. and this agreement continues to enforce the high standards of agreement making in the Kimberley 12 | Kimberley Land Council Annual Report 2010-2011 Part One Introduction | About us 13 On-going engagement and communication On-going and communication engagement Traditional will ensure with government’s table when it comes the at a seat Owners have and making dealing with issues to decisions on Indigenous policy planning in the and Kimberley. activitiespursue to continue will KLC The look afterthat country Indigenous through conservation outcomes and land management Owners to Traditional while also working with sustainable create that agreements negotiate people Aboriginal and provide communities with life-changing benefits. will be In the next reporting the KLC period, working get construction to underway of a new state-of-the-arthave facility office so our staff but their work complete facilities in which to Traditional for place meeting a have we so also us. Owners and talk to come to KLC and its the facilities will ensure New office to fulfil the vision of work to continue staff can Owners the future. into Traditional Kimberley drivingin crucial been the has Board KLC The working and to direction of the KLC future is Our organisation our members. represent work to will continue hands and we in strong has a clear direction KLC the ensure to together Owners can get back country, Traditional so look after of the future. country and get control Acting CEO Nolan Hunter

The KLC will continue to work with Traditional Traditional with work to will continue KLC The Owners vision and will have pursue their to on working our with focus stronger an even members. challenges in many has experienced KLC The the reporting including legal action, period, changes in the State title claim disputes, native title policy native to approach Government’s attempting external groups from and moves make people to the right of Aboriginal block to decisions about their country. challenges these through worked has KLC, The organisation stronger an even and has become and be accountable to has proved that acts on the instructions of KLC The transparent. Owners and this has been one of the Traditional organisation. of our grass-roots strengths great in the next reporting will take period, KLC, The keep our to approach robust more an even conducting regular by informed members with our members community consultations to can continue so we areas, living in remote their aspirations achieve with them to work Kimberley for Aboriginal future and a positive people. In the next reporting the KLC period, and Federal State lobby to will continue on Indigenous issues including Governments and our land agreement-making title, native Traditional and sea activities of so the views Owners can be heard. ead The year ah

Part One Introduction | About us 15 CATSI CATSI was repealed. The KLC is now is now KLC The repealed. was ). In accordance with the rules of ). In accordance Facilitation and assistance (s.203BB) and assistance Facilitation Certification (s.203BE) (s.203BF) resolution Dispute (s.203BG) Notification making (s.203BH) Agreement (s.203BI) Internal review Aboriginal Councils and Associations, Aboriginal Councils Act , the ACA Act • • • • • • Legislative functions is the KLC Body, Representative Title Native a As undertake to functions specific required under 1993 Act, Title 11, Division 3 of the Native Part (as amended). functionsThese include: ctions Role and fun Legislation under association an incorporated was KLC The the 1976 (ACA Act has the KLC Act, that by prescribed operation the aspirations advance objectives to adopted with However, of Kimberley people. Aboriginal and (Aboriginal the passing of the Corporation (the (Cwth) 2006 Islander) Act, Strait Torres Act) . Act under the CATSI incorporated Other functions referred to in s.203BJ and in s.203BJ Other to functions referred on such other functions conferred as are , Act Title the Native Bodies by Representative 1993.

escription of the Description of the Kimberley Land Council established Kimberley was The Land Council meeting of Kimberley a in 1978 at Aboriginal Kimberley between a dispute people following Australian Western Owners, the Traditional at mining company and a large Government Noonkanbah. ­ com set up as a peak regional was KLC The and the rights secure to munity organisation, Owners in Traditional of Kimberley interests protect and to their lands and waters to relation places. their significant Aboriginal Minister for In 2000, the Federal May the recognised Islander Affairs Strait Torres and of the Kimberley under s.203AD Land Council as the Native (NTA), 1993 (Cwth) Act, Title Native the Kimberley Body for Representative Title Australia. Western in region the end of the 2007 reporting the At period, a further for period of six recognised was KLC Body, Representative Title a Native As years. the Land funded by were operations the KLC’s Housing, the Department, of Branch Families, Services Community Indigenousand Affairs funding agreement. under a program (FaHCSIA) tive Resentative Native Title Body overview UT US ABO Corporate governance Setting priorities policies Each reporting year, the KLC sets operational The KLC’s corporate governance is dictated priorities which address the needs and primarily by legislative framework, its aspirations of all the Traditional Owners it Constitution, the statutory requirements of the represents. CATSI Act and orders of the Finance Minister. The priorities address the statutory and financial Governance matters are also considered framework and other constraints within which within the framework of the KLC’s Native Title the KLC operates under the Native Title Act, Representative Body functions, governed 1993. The KLC has an established procedure by the Native Title Act, 1993 (as amended), for setting priorities. This is documented in along with the Commonwealth Government’s its Policy And Procedures Manual. Priorities are program funding agreement through FaHCSIA. determined annually by the Board and may only be varied with Board approval. Within these statutory functions and obligations, the KLC Board makes decisions in relation to its governance policies. These Regional planning and decisions are documented in the KLC’s Policy prioritising process and Procedure Manual which deals with the In accordance with the provisions of the conduct of all Board members and staff, Native Title Act, 1993, the KLC Board and staff management activities and the development select and prioritise all matters arising from its of strategic policies and operational plans. statutory obligations each year. The KLC Board is diligent in ensuring the The KLC also meets with the National Native organisation complies with all regulatory Title Tribunal and the Western Australian Office and funding requirements while making sure of Native Title to prioritise work programs governance reflects the organisation’s statutory currently before the Federal Court of Australia. obligations, vision, values and policies in an Staffing levels and financial resources are open and transparent way. allocated and claims progressed each reporting period in accordance with the priority assigned Policy and procedure at these meetings. The work and activities undertaken by KLC management and staff are in accordance Membership requests for assistance to progress with its policies and procedures. These native title activities inevitably exceed the reflect the KLC’s obligations as a Native Title resources available to the KLC. Representative Body and are consistent with strategic and operational plans.

16 | Kimberley Land Council Annual Report 2010-2011 Part One Introduction | About us 17 Having a . Members are elected for a elected. Members for are oversees the conduct of the KLC’s the conduct KLC’s of the oversees Chief the position of the affairs through who The CEO, (CEO). Officer Executive is also of the Board must be a member the by and is appointed a Director the of affairs daily the manage to Board CEO is paid a salary. The organisation. The Native Title Representative Body Representative Title Native The Committee; Grants Body Representative Title Native The and Review cCommittee; and Access Ethics Research The Committee. • • • • The Directors for this reporting for period Directors and The the in listed are attendances meeting Services sectionCorporate Organisation: Strong Report.of the Annual Executive appointment elects Board The a Chair and Deputy Chair from its membership and periodtwo-year commencing with terms Elections everyexpiring at were AGM. second this held in this reporting consequently period, Executive on two information report provides some members are although committees, both. to common Milba, at the Board the September 2010 AGM At acting Chairs two cooperatively have elected to Deputyno is there result, a As KLC. the lead to nextThe elections the at will take place Chair. General Meeting. 2012 Annual Sub committees a sub- members to appoint may Board The and with powers — a smaller group committee the full Board. it by to delegated responsibilities Specific sub-committees include: of the Board

provides leadership and direction to the leadership and direction to provides organisation; priorities in all policy the KLC’s determines matters; and operational of the KLC the implementation oversees plan; strategic Title of Native the progress monitors and other land related Applications and matters; • • • • The KLC is governed by a Board of Directors (the Directors of Board a by is governed KLC The The term. a two-year which is electedBoard) for from representative one of up made is Board the in groups claim title native the of each Kimberley. for a representative nominate Claim groups every and the Board to years two appointment at take place elections nominations these from General Meeting. the Annual four membership also appoints general The Owners as Directors. Traditional Kimberley their peers on by appointed are Directors These special knowledge the basis of their experience, organisation’s the to contribution and not paid. members are Board objectives. carrying for is responsible Board out the The The members. its objectivesof behalf on KLC’s also: Board Executive Board Members adult any is open to of the KLC membership The Ownerof Traditional a is person who Aboriginal country in the Kimberley region. General Annual at vote to entitled Members are Meetings and Special General Meetings. tional structure Organisa The Grants Committee assesses applications Staffing for assistance to pursue a native title claim. The The KLC Executive Board delegates overall Grants Committee evaluates whether Native authority for the daily operational and Title Applications have demonstrated legal administrative decisions of the organisation to merit. Decisions about providing assistance the CEO. The CEO is assisted in carrying out his may be reviewed, on application, by the Review responsibilities by a Deputy CEO, KLC managers Committee. If the applicants for assistance are and staff through a delegation framework. still not satisfied, they have the right to have the decision reviewed under the Administrative The work associated with the KLC’s Native Title Decisions (Judicial Review) Act, 1977 (ADJR). Representative Body functions is undertaken by multi-disciplinary teams. Members of claim The process by which this occurs is described teams work closely together, responsible for in more detail under the section Analysis of specific claim applications. Claim teams work performance; Internal review. with claimant groups to obtain instructions from Traditional Owners on matters relating to Annual General Meetings Native Title Applications including future acts. The KLC’s Annual General Meetings are attended Legal officers work on specific claims while by KLC membership and constituency. In the providing advice to Traditional Owners on interests of cost efficiencies, these meetings future acts, agreements, negotiations and are usually held on country in conjunction with other legal matters. meetings of the Kimberley Aboriginal Law and Culture Centre (KALACC) and the Kimberley Due to continuing financial and resource Language Resource Centre (KLRC). This results constraints, the KLC does not have native title in very high attendance levels by Kimberley officers based in Halls Creek or Fitzroy Crossing Traditional Owners, ensuring a high degree of and has not been represented in these towns representation and participation in decision since 2004. This major concern is making and policy making processes. Good attendance quality service delivery to Traditional Owners levels also ensure a high level of accountability in these regions difficult. and transparency in the KLC’s operations. A number of central Kimberley claims have been set at priority categories one and two. In this reporting period, the AGM was held at As a result KLC staff are required to spend Milba near Halls Creek in September 2010. extensive amounts of time in the field. There have also been a number of disputed claims on the , due partly to an increase in large-scale development pressures in the area. This has resulted in protracted litigation and mediation requiring extensive staffing resources.

18 | Kimberley Land Council Annual Report 2010-2011 Part One Introduction | About us 19 was developed with developed was Plan Operational covering this reporting covering Plan Operational is arranged by by is arranged Plan 2010–2011 Operational is a tool for managing the managing for is a tool Plan Operational KLC’s native title activities. It native the detail identifies KLC’s and completion of planned work, timelines for allocated to be resources the staff and financial work. that to The (including activities,key objectives and costs project). the of life the over costs final estimated activitiesThe the 2010–2011 outlined in reflect environment the Plan Operational the objectives operates, in which the KLC by the and the priorities identified established, the plan. in preparing Board trategic of the Strategic Key features Plan Plan and Operational by guided been directionalways has KLC’s The , Plan 2011–2016 Strategic The Plan. a Strategic direction for organisation’s which outlines the values vision, the KLC’s identifies the future, whilst and externaland internal environments, Title as a Native strategies overall defining its Title each Native For Body. Representative Body function, plan sets out the Representative and key strategies policies, objectives, the KLC’s performance indicators. Operational Plan 2010–2011 The a detailed outline period (2010–2011), provides short-term planning goals. of the organisation’s the on from followed Plan Operational The the big picture down and breaks Plan Strategic activities. identifiable smaller, into The and Procedures Policy the KLC’s to reference and in line , statutoryManual requirements including those with its funding requirements, Court. and the Federal government of the State The for each funding year. for Plan

facilitation and assistance; and facilitation certification; resolution; dispute making; agreement review;internal and other functions. • • • • • • Consistent with the KLC’s statutory functions, with the KLC’s Consistent primary activities continued the organisation’s services to of professional be the provision to and of recognition people in pursuit Aboriginal title. of native protection its from output structure is derived KLC The Body functions Representative Title Native 1993 and Act, Title by the Native defined comprises: Outcome and output and output Outcome structure Strategic Strategic functionsThese underpin the KLC’s and Operational Plan establishes the Plan Strategic KLC’s The reference objectives by strategic organisation’s Plan Strategic The its statutoryto functions. 2011–2016 also establishes key performance consultation,decision to in relation indicators making and the setting of priorities as required 1993. Act Title of the Native s.203D by Plan Operational detailed 2010–2011 The by (results) outcomes anticipated identifies prioritised to activities. reference

Part One Introduction | About us

21 Plan Operational 2010–2011 Operational 2010–2011 Operational Cultural Strength of Indigenousof Strength Cultural Communities Kimberley Court to Approach Federal Title Native Applications Policy Title Native Commonwealth Framework Framework Policy Title Native State Demographics Resources Environment Legal • • • • • • • The prioritisation process is documented in is documented prioritisation process The Title in Native Guidelines for Assistance the KLC . Manual olicyClaims, and the P and Procedures Board KLC’s the by prioritisations adopted The appropriately. documented are the in outcome Each ­ title environ in a native formulated plan was key the following characterisedment by features: The financial and human resources available available resources financial and human The Plan Operational The limited. are the KLC to demand and between established a balance with of applications identification by resources The priority. internal of level a budget and to managed priorities reference by time.

Litigation: matters before the court; before matters Litigation: in matters determinations: Consent mediation of claims over New claims: lodgement title not under native areas acts future and negotiated Urgent title effect native that agreements rights and interests. shows clear shows Plan 2010–2011 Operational • • • • Level 1 — Main priorities Level connection to for 2 — Research Level mediation claims towards progress progress to research 3 — Commence Level new claims is directly2011–2016 Plan new Strategic The activitiesthe to linked prioritised the in . Plan Operational The work of ongoing progression and consistent The to be undertaken. work new and identifies work of both ongoing and new identification with the KLC’s undertakenwas in accordance prioritisation process. documented plan, each the operational In formulating the KLC’s to activity in relation considered was prioritisation policies; specifically:

Part Two Achieving the Vision | Report on performance 23 Indigenous Use Land preparation of connection of material preparation on connection as a and agreement of consent mediation to precondition determinations; Applications Title new Native develop and act future pressures to in response within unclaimed areas other previously area; representative the KLC’s in the title claim groups assist native agreements of negotiating process title rights and interests; native to relating agreements negotiate and discuss commercial major to in relation to with the potential developments and social economic substantial provide title claimants; to native benefits agreements; finalised implement negotiate which protect (ILUA) Agreements and title rights and interests native to benefits social and economic provide Owners; Traditional participate in a bi-annual regional set and review to planning process priority the Kimberleyagreed claims for Tribunal, Title Native National the with and Government Australian Western the parties;other respondent participate in the bi-annual regional Court directions hearing in the Federal planned and progress where Australia of actionCourtreportedthe is to open and the Judge. and questions by review to • • • • • • •

the lodgement and finalisation of and finalisation the lodgement including Applications, Title Native of progression in litigation, representation preparation through claims in mediation of connection and preparation material appropriate; of new claims where act future notices; to responding and of agreements; the negotiation activity and the protection ensure to representing title by of native recognition title claimants. native progress appeals of Native Title Title appeals of Native progress stream in the litigation Applications concurrently appropriate, and where participate of these in the mediation claims; State the with consultation in engage the facilitate to Australia Western of • • • • • • , the KLC’s , the KLC’s Plan with its Strategic In accordance priorities in the reporting period include: eview of performance Review of performance in relation to strategic & and operational data function performance Report on These areas continue to impose major demands to continue areas These the most significant constitute They on the KLC. Owners Traditional Kimberleyaspirations and priorities within the KLC’s of the KLC have statutory functions. priorities to: The in this reporting period were Achieving the Vision the Achieving Performance according to contribution to outcome, outputs and targets The KLC’s outputs were generally completed in accordance with performance targets established in the Operational Plan. In some cases, our targets were completed in advance of the target period.

In those areas, where outputs were not completed in accordance with targets, a number of external factors hindered the organisation’s ability to meet these.

As in previous reporting periods, completion of performance outputs was significantly assisted when all parties adopted a position in favour of mediation and negotiation rather than litigation.

Mediation is the preferred approach. In a few instances the KLC did not meet performance targets as a result of delays in the mediation process. These delays directly result from the State of spending a long time formulating a new approach to native title claims. During this time, it was not possible to progress native title claims in mediation.

Delays have also occurred when the State or other respondent parties submitted new information to the terms of the mediation and where the State has been unable to provide a position on agreed terms. Additional delays have occurred when the State has exceeded the timeframe for assessments on connection.

24 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting back country 25 ­

| Native title determinations handed determination title consent A native Wanjina Court the for the Federal by down and KLC The Owners. Traditional Wunggurr Owners had been workingon Traditional 20 than more for claims title native these years. Wunggurr Uunguu Wanjina The deter 23, 2011 at held on May was mination Wunggurr Wanjina Base and the Air Truscott on May Dambimangari determination is a significant This Bay. Cone 26, 2011 at the first for and includes, achievement to title rights native time in the Kimberley, nautical mile sea country the three beyond holds now PBC Wunggurr Wanjina The limit. Wanjina the three title on trust for native Native title Outputs | Facilitation and assistance in this reporting function of the KLC, core The and assistance facilitation provide to was period, title holders and native title claimants, native to (PBCs). Bodies Corporate Title Native registered in the assist these groups to worked KLC The Title of Native progression and preparation and provide facilitate as to as well Applications of and negotiation in mediation representation agreements. During this reporting significant period, achieved were and outcomes developments These functions. and assistance in facilitation include: and outcomes developments •

lodge and run native title claims lodge and run native meetings organise title rights their native and enjoy protect their corporate establish and develop Body structures such as a Prescribed (PBCs) Corporate acts future to assess their rights in relation making decision Aboriginal and ensure is consent prior and informed based on free, Native Title Services of Units Title Legal and Native

• • • • • Getting back country is part of the KLC’s core core Gettingcountryback partis KLC’s the of vision. Title Kimberley is an Native The Land Council the Kimberley Body for region. Representative Act, Title is a statutory the Native under This role 1993 which specifies the services Native that to Bodies must provide Representative Title funded by is KLC The title claimants. native perform to Government a range the Federal have Owners’ Traditional of functions assist to their land rights recognised. The assisting for primarily responsible are the KLC Owners get back country. to Traditional Owners to: Traditional units also assist The Outline country back Getting experience the native title claims claims title native the Getting back country back also means getting makingincludes This sure country. to rights and respected recognised, title rights are native upheld. claims — Wanjina Wunggurr Uunguu, connection on March 31, 2010. The State Wanjina Wunggurr Dambimangari and engaged in substantive mediation in Wanjina Wunggurr Wilinggin. January 2011 and the claim is now in active NNTT all party mediation. • Dispute Resolution Resolution of an intra-Indigenous dispute A connection report was provided to the in the Mayala and Dambimangari claims. State in relation to the Native A Federal Court hearing was held on May Title claim in November 2008. The State 24–25, 2011 before a decision was handed accepted connection on March 31, 2010. down on May 25, 2011. The State engaged in substantive mediation in January 2011 and the claim is now in Progress to resolve intra-claim group issues active NNTT all party mediation. in the Goolarabooloo Native Title Claim: The Federal Court heard a s.66B There have been ongoing discussions since application in December 2010. A decision January 2009 regarding connection in the on the matter was handed down in February Nyikina and Mangala Native Title Claim. The 2011. State has been inconsistent in its position and on a number of occasions the KLC has The KLC lodged a new claim in 2009 — the engaged further expert anthropological Yawinya claim, on behalf of the and legal advice. To date, no firm position people. This claim is across disputed country. regarding connection has been agreed by The dispute is between the Karajarri people the State. and the who are represented by Native Title Services. Filing and registration of Yurriyangem Taam Native Title Claim, which is part of the Kija This claim went to court-ordered mediation cultural bloc claims. and is now in the final stages of negotiation towards a joint consent determination Filing and registration of and where both the Karajarri and Nyangumarta Mawadjala Gadjidgar (Point Torment) Native people have recognised native title rights Title Claims: filed in response to Section 29 across the same area. Notice.

• Progression of native title Filing of the Uunguu Part B Native Title Claim across part of the area of the Uunguu Agreement by all parties working towards Native Title Claim to obtain the benefit of the final resolution of the Balanggarra section 47B NTA . Combined and the Balanggarra #3 claims through mediation facilitated by the Nyul Nyul Native Title Claim accepted for National Native Title Tribunal (NNTT). registration on November 26, 2010. A connection report was provided to the Part A Determination finalised on State in relation to the Native Title November 29, 2010. Claim in October 2008. The State accepted

26 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting back country 27 Balanggarra: comprised of the comprised Balanggarra: Balanggarra #3 and Balanggarra applications; Combined Kija:Malarngowem, of comprised Yurriyangem and Ngarrawanji Purnululu, Taam; of Lamboo and Koonjie Jaru: comprised and Elvire; of comprised Wunggurr: Wanjina Wilinggin Wunggurr the Wanjina Wunggurr Wanjina determination, Uunguu claim Wunggurr and Wanjina Dambimangari claim. • • • • applications Claimant claim title new native seven were There These in the reportingapplications period. Gadjidgar; Mawadjala Warawa, included: B; Ngurrara Uunguu Part Taam; Yurriyangem Jabirr A RevisedApplication; Determination Jabirr; and Goolarabooloo Families. separate of 26 active, a total were There in the Kimberley Applications Title Native during Body area Representative Title Native 1). Of the 26 Table the reporting period (refer title native three were there active applications, Kimberley The Land Council determinations. applications. of the 26 23 to assistance provided reporting advised in the previous period, As be an to of claims continues consolidation resources. limited to manage way efficient and managed grouped are applications Several claims ‘Grouped’ title group. as a single native include: Three of the native title claims represented by by represented title claims the native of Three Dambimangari, Wunggurr Wanjina — the KLC — Uunguu and Ngurrara Wunggurr Wanjina implementation in the post determination were

Yanunijarra Registered Native Title Body Title Native Registered Yanunijarra native on trust, hold, to accepted Corporate Ngurrara. title for the purpose of for research Anthropological and presented connection completed was the Kurungal to in relation the State to Title Native Claim. was research anthropological Further undertaken in continued work and field new of a the lodgement for preparation part a large claim across Jaru country. for commenced research Anthropological Nimanburru in the next and will continue the for reporting period in preparation reflect native a new a claim to of lodgement the Dampier Peninsula. across title interests workwas and field research Anthropological Nyul Nyulconducted for and will continue nextthe in reporting preparation in period, of a new claim which the lodgement for the across title interests will reflect native Dampier Peninsula. Jabirr for assistance for application An and external legal Jabirr accepted was the to led This provided. representation with Title Claim filing of a Jabirr Jabirr Native the National Tribunal. Title Native

Part Two Achieving the Vision | Getting back country 29

Bardi and Jawi Niimidiman and Jawi Aboriginal Bardi RNTBC; Corporation Title) (Native Wanjina-Wunggurr RNTBC; Corporation Aboriginal Association Lands Traditional Karajarri RNTBC; Corporation) (Aboriginal Land Aboriginal Title Native RNTBC; Corporation Holders Aboriginal Title Native RNTBC; Corporation Corporation Aboriginal Yungngora RNTBC; Corporation Aboriginal Yanunijarra RNTBC; Title Miriuwung Gajerrong and #1 (Native Aboriginal Body Corporate) Prescribed RNTBC; and Corporation Title Miriuwung Gajerrong and #4 (Native Aboriginal Body Corporate) Prescribed RNTBC. Corporation • • • • • • • • • phase in relation to the establishment of a the establishment to phase in relation and other matters Body Corporate Prescribed including future determination, the by required acts. a further to provided six was Assistance (PBC) groups Body Corporate Prescribed Wunggurr Bardi Wanjina Jawi, Yawuru, including Miriuwung Karajarri Gajerrong, and Wilinggin, Tjurabalan. PBCs holding native registered nine were There June 20, 2011. at title in the Kimberley region include: These Table 1: Status of Native Title Applications in the Kimberley 2010–2011 new new new new 3/07/2000 8/10/1996 8/10/1999 5/01/2011 1/12/1997 7/04/2011 1/07/1998 3/12/2008 30/04/1999 17/08/1999 27/07/2000 21/12/2010 20/05/2010 24/05/2010 24/05/2010 23/09/1999 13/09/1999 17/01/2006 24/09/1999 25/06/1996 10/06/2011 21/09/1999 Date filed Date Federal Court file no. Federal WAD6004/00 WAD6027/98 WAD6133/98 WAD6124/98 WAD6002/98 WAD2/11 WAD6008/00 WAD408/10 WAD124/10 WAD134/10 WAD135/10 WAD6157/98 WAD6217/98 WAD6095/98 WAD15/06 WAD6182/98 WAD104/11 WAD6255/98 WAD6107/98 WAD220/11 WAD281/08 WAD6099/98 file no. Tribunal Tribunal WC00/6 WC99/47 WC99/19 WC96/99 WC99/36 WC11/1 WC00/10 WC10/19 WC10/5 WC10/6 WC10/7 WC99/40 WC97/101 WC99/20 WC06/1 WC99/44 WC11/3 WC98/39 WC96/75 WR11/1 WC08/3 WC99/25 Application name Application Balanggarra #3 Balanggarra Balanggarra (Combination) Balanggarra Bunuba Djabera-Djabera Goolarabooloo - Jabirr Jabirr Peoples Goolarabooloo Families Gooniyandi Combined # 2 Gooniyandi Combined Jabirr Jabirr Jabirr Jabirr People Jurnall Gidja #1 Jurnall Gidja #2 Koonjie - Elvire Kurungal Lamboo Lumugal Malarngowem Mawadjala GadjidgarMawadjala Mayala Ngarrawanji Ngurrara A Revised Ngurrara Application Determination Ngurrara B Ngurrara Nyikina and Mangala

Determined

1 Withdrawn

1 Briefed out Briefed

1 1 1 not assisted not

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Assisted

30 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting back country

31

Corporation RNTBC Corporation

Corporate) Aboriginal Aboriginal Corporate)

3/11/2006 Title Prescribed Body Body Prescribed Title 24/11/2006 #4 Gajerrong Miriuwung

Gajerrong #4 (Native (Native #4 Gajerrong

and and Miriuwung

Corporation RNTBC Corporation

27/04/2007 Noonkanbah 30/07/2008

Aboriginal Aboriginal Yungngora

Corporation RNTBC Corporation

22/11/2010 A Part Ngurrara 1 new 5/11/2010

Yanunijarra Aboriginal Aboriginal Yanunijarra

Corporation RNTBC Corporation

23/05/2011 A Part Uunguu 1 (Native Title) Aboriginal Aboriginal Title) (Native new 18/09/2007

Wanjina-Wunggurr

Corporation RNTBC Corporation

(Native Title) Aboriginal Aboriginal Title) (Native 26/05/2011 Dambimangari 1 new 18/09/2006

Wunggurr Wunggurr Wanjina-

Registered Corporate Body Determined

Determinations 3 1 1 3 18

RNTBC RNTBC Title Native Registered Date

new 20/09/2010 WAD268/10 WC10/13 Taam Yurriyangem 1

Yawinya 1 WAD280/08 WC08/4 3/12/2008

Warrwa 1 WAD262/10 WC10/12 new 16/09/2010

Uunguu Part B Part Uunguu 1 WAD119/11 WC11/4 new 19/04/2011

Uunguu 1 WAD6033/99 WC99/35 21/10/1999

Purnululu 1 WAD6007/98 WC94/11 21/12/1994

Nyul-Nyul 1 WAD68/10 WC10/3 26/03/2010 Determined not assisted

Briefed out Withdrawn

Assisted

file no. file

Federal Court file no. file Court Federal Date filed Date Application name Application Tribunal Tribunal RNTBC 3/11/2006 8/04/2005 Registered Registered Registered 13/02/2008 26/11/2007 21/12/1998 18/09/2007

Body Corporate Registered Native Title Native Registered Miriuwung and Gajerrong #4 (Native Body Prescribed Title Aboriginal Corporate) RNTBC Corporation Title Native Yawuru Holders Aboriginal RNTBC Corporation Bardi and Jawi and Jawi Bardi Niimidiman Aboriginal RNTBC Corporation Karajarri Traditional Karajarri Traditional Lands Association (Aboriginal RNTBC Corporation) Wanjina-Wunggurr Wanjina-Wunggurr Title) (Native Aboriginal RNTBC Corporation Miriuwung and Gajerrong #1 (Native Body Prescribed Title Aboriginal Corporate) RNTBC Corporation Date 8/09/2004 9/12/2003 Determined 24/11/2006 28/04/2006 30/11/2005 27/08/2004 Determinations Miriuwung Gajerrong #4 Rubibi Community Bardi and Jawi Native Title Title Native and Jawi Bardi Determination Karajarri People (Area B) (Area Karajarri People Wanjina-Wunggurr Wanjina-Wunggurr Wilinggin Title Native No 1 Determination Miriuwung-Gajerrong (Western Australia)

Determined Withdrawn

Briefed out Briefed

not assisted not

Assisted

32 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting back country

33

Yapalikunun) RNTBC Yapalikunun)

(Jamukurnu-

27/09/2002 Ngurrara and Martu

Aboriginal Corporation Corporation Aboriginal

Western Desert Lands Lands Desert Western

Corporation RNTBC Corporation

20/08/2001 People Tjurabalan Title Land Aboriginal Aboriginal Land Title 7/01/2002

Tjurabalan Native Native Tjurabalan

Corporation RNTBC Corporation

Rubibi Community Rubibi 7/11/2001 Holders Aboriginal Aboriginal Holders 13/02/2008

Yawuru Native Title Title Native Yawuru

Corporation) RNTBC Corporation)

(Aboriginal (Aboriginal

21/12/1998 Karajarri People (Area A) (Area People Karajarri 12/02/2002

Lands Association Association Lands Karajarri Traditional Traditional Karajarri Determined not assisted

Briefed out Withdrawn

Assisted

Determined Body Corporate Body Registered

Determinations

Date Date Registered Native Title Title Native Registered

RNTBC RNTBC

Part Two Achieving the Vision | Getting back country 35 ative gurrara C Native Proposed N Title Application although not yet C Application, Ngurrara The State WA support the from received lodged, work on this claim The Office in 2008. Solicitor’s resource and financial due to been delayed has constraints. Title Proposed Jaru Native Application conducted In this reporting the KLC period, a draftpreliminary and completed research of a Jaru connection report the development for the area across be lodged Claim to Title Native and south of the east of the Lamboo application Lamboo and current The application. Purnululu were Applications Title Native Koonjie Elvire lease with pastoral established in accordance boundaries. than cultural rather boundaries, both the Lamboo and Koonjie for applicants The instructions be included to given have Elvire It Application. is Title Jaru Native in a future this claim will be lodged early that anticipated in the next reporting period. Proposed Nyul Nyul Native Title Application NyulThe Nyul lodged and passed the claim was 26, 2010. Further on November test registration by commissioned was research anthropological has been a substantial there however the KLC, the by of this research hold-up in the provision of the claim and as such the progress consultant in this reporting delayed has been substantially period.

evelopment of new of new Development Native Title Applications KLC the policy, Inwith our organisational line and negotiate lodge investigate, to worked duringclaims reportingtitle the period. native of new claims is primarily investigation The based on the policy either of developing bloc claims or claims which extend as cultural country the traditional of far as possible across a group. claim on 10 emerging work continued KLC The country Nyul traditional of applications Nyul, for Taam Yurriyangem Nimanburru, Jabirr Jabirr, Bunuba, Gooniyandi, (Kija), Ngurrara, Jaru, Warrwa. Nyikina Mangala and considered being claims ‘new’ Somethese of smaller of current, in the merger resulted have and developed originally claims which were These lease boundaries. based upon pastoral Title Native Taam include Yurriyangem the Claim, Title KijaClaim and the existing Native of the Malarngowem, which is comprised as well claim groups and Purnululu Ngarrawanji Jaru Jaru claim and the existing as the emerging of Koonjie comprised Application Title Native and Lamboo. Elvire Proposed Kija Native Title Application instructed lodge the was to KLC The an authorisation at claim Taam Yurriyangem meeting held on country in September 2009. lodged in mid-2010 and passed claim was The on October test 29, 2010. the registration CLAIM UPDATES NATIVE TITLE Proposed Nimanburru Native Priorities | categories Title Application of claims Anthropological research into a Nimanburru Native Title Application commenced, however The prioritisation of native title claims continued significant delays occurred due to the availability to be considered at regional planning meetings. of expert consultant anthropologists. The KLC considered priorities in consultation with the State of Western Australia and with the assistance of the National Native Title Tribunal. Proposed Warrwa Native Title For the purpose of fast tracking the resolution Application of native title, the Federal Court nominated The Warrwa Native Title Claim was lodged in eight Kimberley claims as priority claims. response to future act pressures and passed the registration test on October 13, 2010. Due All claims to which the KLC provides facilitation to further future act pressures, a second claim and assistance are important. However, as covering Point Torment Mawadjala Gadjidgar resources do not permit all claims to be was lodged and passed the registration test on progressed concurrently, they are prioritised June 23, 2011. by reference to Federal Court priorities and the policies adopted by the KLC Board. In addition, the prioritisation of claims is informed by, but Proposed Djabera Djabera not limited to, resourcing considerations. Native Title Application In this reporting period, the KLC’s categorising The KLC currently represents the Djabera priorities were as follows: Djabera Native Title Application and is in the process of reviewing the status of this claim in • Category A | Litigation the wider context of the Dampier Peninsula. Completion of all claims in litigation and post-determination implementation require­­ ments.

• Category B | Mediation (in descending order) • Negotiation of consent determinations following agreement on connection • Negotiation and agreement with the State on the scope of connection reports, assessment of existing material for inclusion in connection reports, finalisation of connection reports, and lodgement of reports with the State. (State Government policy provides that agreement on connection is a

36 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting back country 37 Complaints and | Complaints Category A | Litigation to in relation held were proceedings Litigation also discussed are matters These matters. four in further detail in Output . Comprehensive judgements on these judgements Disputes. Comprehensive the Federal online from can be accessed matters www.austlii.edu.au at Court website Jabirr Goolarabooloo Jabirr title authorisation Injunction hold native to meeting Goolarabooloo for the Jabirr Jabirr application Joseph Roe, Injunction taken by proceedings the holding of an authorisation to relating the Goolarabooloo Jabirr Jabirr meeting for the KLC. by contested Claim, were Title Native Gilmore Justice Court hearing before A Federal 29–30, 2010. Judgment held on November was The 15, 2011. on February handed down was and a costs authorisation meeting proceeded against Joseph Roe. awarded was order Objection the lodgement of a s.66B to for the Goolarabooloo Jabirr Jabir application in held in Broome hearing was A four-day was evidence early 2010 where December an regarding Gilmore Justice before presented objection Joseph Roe on the authorisation by the on listed Applicant Named the replace to Claim. Title Goolarabooloo Jabirr Jabirr Native upheld 2011, in February delivered Judgment, Planning Meetings. The KLC does not supportnot does KLC The Meetings. Planning this action. will Board the KLC finalised, claims are As upgrading subject resources, to consider, activity other claims. to attached

agreements made to protect protect made to agreements — prerequisite for a matter to proceed to to proceed to a matter for prerequisite determination.) a consent for mediation and assess­ preparation Preliminary of connectionment material. Resolution of claim boundaries in and area with the scope accordance is process This country. of traditional and Special Board the KLC by assisted as Kimberley as well Aboriginal Advisors executives. Centre and Culture Law • • title Category C | Protection of native acts Future interests and rights title preserveand native heritage while assisting and cultural of such an appreciation develop proponents of socio-economicand settlement benefits or impairment of the loss for compensate to title rights and interests. native in extensive been involved has KLC The the regarding with the State negotiations of community expedition infrastructure Trust Lands Aboriginal on communities in number of made a has KLC The lands. (ALT) including assist in this process to proposals to ILUA of an overarching the concept is the KLC However, the process. streamline the funding from adequate for still waiting out be rolled to enable this process to State the Kimberley. across The activity levels of claim work programs activity programs The of claim work levels the KLC reached between reflect the agreement Meetings Planning Regional at and the State 2010, during 2009 and May in November the call-overs before regional for preparation Court 2010. 2010 and May in February Federal to continues Tribunal Title Native National The third-party Regional in respondents involve • the authority and decision making process of Category B | Mediation the native title claim group and exonerated the KLC in its adherence to the facilitation Wanjina Wunggurr and assistance functions of an Native Title Dambimangari and Wanjina Representative Body under the Native Title Act, Wunggurr Uunguu 1993. The first Wanjina Wunggurr claim, Wanjina Wunggurr Wilinggin, was determined by the Federal Court in August 2004. That decision Mayala by the Federal Court recognised the Wanjina Objection to the lodgement of a s.66B Wunggurr Community as the native title Application holders. Following this decision, the State Government and the KLC started negotiations The KLC was instructed to lodge a s.66B about the Wanjina Wunggurr Uunguu and Application at an authorised meeting of the Wanjina Wunggurr Dambimangari claims, Mayala Native Title claim group. An objection made on behalf of the same native title to the s.66B application was subsequently community. made by some applicants from the Mayala claim. The matter was bought before Justice Formal mediation of the Wanjina Wunggurr Gilmore. Due to competing priorities and Uunguu and Wanjina Wunggurr Dambimangari resource restrictions, the KLC did not pursue claims started in late 2006. The mediation the matter further and the application was was significantly affected by political issues withdrawn. and changes in government policy from both the State and Commonwealth Governments. Dambimangari However, in late 2010 agreement was reached between all the parties for consent Objection to the application to join as determinations of native title for both claims. respondent party to the Dambimangari Native These consent determinations included Title Application an agreement to negotiate in good faith The KLC contested an application from a group following the determinations for land access, of individuals purporting to represent the conservation and other land uses. Mayala claim group to join as a respondent The Wanjina Wunggurr Uunguu consent party to the Dambimangari Native Title Claim. determination was handed down by the The hearing was held on May 24–25, 2011 Federal Court at Truscott on May 23, 2011. and a decision was handed down on May 25, 2011. The KLC’s objection was successful and a The Wanjina Wunggurr Dambimangari consent determination of native title for Dambimangari determination was set down for May 26, 2011 was made on May 26, 2011. at Yaloon/Cone Bay. However, in the week before the determination was due to be made, a number of applications were made to the Federal Court by people seeking to be joined

38 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting back country 39 Ngurrara Corporation Aboriginal Yanunijarra The PBC in this established as the Ngurrara was reporting period. Purnululu and Ngarrawanji, Malarngowem undertakenbeen has work Little these on reportingthe in claims Meetings were period. actheld and some future activity place. took anthropologist engaged a consultant KLC The to the undertake to relation workin field inter-linked they unclaimed Kija and how areas A preliminarywith these claims. report on this in June 2009. the KLC to submitted was work the unclaimed authorisation meeting for An Claim, Kija’ ‘Greater lodge a to resolved area these It that is anticipated Taam. Yurriyangem the into claims will be incorporated three Kija Claim in the future. Greater Nyikina Mangala noted In reporting the KLC the previous period, issues had resolved legal representatives that of the claim, in principle, the nature to relating to the State for waiting was and the KLC this of end the connection. At to agree formally the for is still waiting reporting the KLC period, connection. to agree formally to State Goolarabooloo Jabirr Jabirr and authorisation of on the role dispute The Details of this resolved. was named applicants also reported in Categoryclaim are A | Litigation and further and on in Output | Complaints Disputes.

as respondents. The purpose applications of the The as respondents. going from determination the delay to was of the about the area concerns allow ahead to Court Federal The the Court. be put to claim to basis in on an urgent these applications heard CourtThe handed 2011. 24–25, on May Broome 25, 2011 rejecting on May its decision down Western of State v (Barunga applications the CourtThe 2) [2011] FCA 755). (No. Australia of the Dambimangari claim the area that found Owners, Traditional senior authorisedwas by which that changed from never had the area the authorisation authorised, originally was Owners had never Traditional of the senior not it was and that disputed, been properly delay to circumstances in those appropriate Wunggurr the Wanjina The determination. was determination Dambimangari consent Court at Federal the by then handed down 26, 2011. on May Bay Yaloon/Cone Balanggarra #3 and Balanggarra Combined State by the finally agreed Connection was in Claim Title Native #3 Balanggarra the for 2010. February determination a consent for negotiations The the both to relation in well progressing are and Balanggarra Combined Balanggarra of the mediation The Claims. Title #3 Native Claim is substantially Combined Balanggarra #3 Claim, while the Balanggarra advanced site, town Wyndham which includes the tenure number of complex a large involves be resolved. issues which still need to these claims is resource for analysis tenure The of the assistance and has required intensive of level highest the ensure to Counsel Legal within the claim areas. recognised rights are Mayala Gooniyandi This claim is closely linked and heavily In the previous reporting period, an expert dependent on the outcome of the discussions anthropologist connection report was in the Bardi Jawi case. Field work has been submitted to the Office of Native Title. This undertaken to investigate the interests and connection report covers the whole extent extent of the shared rights of Mayala claimants of Gooniyandi country. This is consistent with to the Dambimangari Claim, which shares KLC policy to work toward extending native some common apical ancestors. Extensive claims to include all areas of traditional country work on Mayala genealogies was undertaken currently not under claim. Within this reporting in the reporting period. Details of this claim period, the State completed an assessment on are also reported under under Category A | the connection report. The State finally agreed Litigation and further on in this section under to connection in March 2010. Output | Complaints and Disputes. Similar to other claims in the region, the KLC has continued to identify the extended boundaries Lamboo of the area and the areas that are of shared As discussed above, progress continues to be interest with neighbouring claim groups. The made on the development of a Jaru cultural KLC anticipates, that subject to the finalisation bloc claim which would include the Lamboo of boundaries, it will be in a position to lodge a Native Title Application, which currently follows new claim across unclaimed areas in the next the boundaries of a pastoral lease. reporting period.

This claim has commenced substantive Kurungal mediation, facilitated by the National Native This claim is closely linked with the research Title Tribunal. conducted on the neighbouring claims of Gooniyandi and Ngurrara #2. Following a Bunuba boundaries meeting for central Kimberley In the previous reporting period, an expert claims in May 2008, a desktop review of anthropologist connection report was existing material and issues for Kurungal submitted to the Office of Native Title for was conducted. The claimants agreed, in assessment. This report covered both the principal, to reconfigure the boundary and to current application area and the traditional accommodate the various interests within the boundary lines that form Bunuba country claim, as best they could. The KLC engaged a under traditional law. The State was required consultant anthropologist. As result of this to provide a response to the assessment of the work there have been two meetings in which connection report for this claim by May 2008 the consultant anthropologist has discussed but did not do so until March 31, 2010, when it connection issues with the State directly. accepted connection. Connection material will now be provided to the State in the first half of the next reporting Similar to other claims in the region, the KLC has period. continued to identify the extended boundaries 40 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting back country 41 pursuing recognition of native title rights title of native pursuing recognition of progression through and interests of native determinations for applications as described above title, processes, and actusing future provisions Traditional of representation including Owners act in future negotiations actionsparties litigation civil third against rights. title native who transgress • • • Category C | Protection C | Protection Category title of native functions activitiesand relation in KLC’s The performed are title native of protection the to by:concurrently The KLC has progressed negotiations in a negotiations has progressed KLC The protection the for agreements major of number during interests and rights title native of are agreements These this reporting period. below. detail reported in more has reporting the KLC in previous periods, As title of native representation also maintained to in relation rights and interests claimants’ act future for number of notices the large issued in the reporting developments period. of pursue resolution to continues KLC The through these notices the issues surrounding making. Its performance agreement in relation act is reported future notices on in more to detail in the section of headed Getting control | the agreement-making experience the future in defending assistance also provided KLC The it was on the basis that criminal charges rights and title of native the exercise defending interests.

of the area and the areas that are of shared of shared are that and the areas of the area The with neighbouring claim groups. interest subject that, boundaries for to anticipates KLC it will be in a being settled, the unclaimed areas unclaimed new claim across a lodge to position in the nextreportingareas period. substantive claim has commenced This Native National the by facilitated mediation, Tribunal Title Koonjie-Elvire Claim follows Title Native Koonjie Elvire The Instructions lease. the boundaries of a pastoral Jaru include the claim in the future stand to Title Native Claim.

Part Two Achieving the Vision | Getting back country 43 Aboriginal person cannot enter this land this enter person cannot Aboriginal KLC The of the ALT. without the authorisation native possession an exclusive that maintains Traditional which gives title determination, Owners of the land possession the right to definition, by cannot, the whole world’ ‘against a public place. be considered definition the under that Hisfound Honour the Criminal Code, WA in the place” “public of a public place and was, be, could location possession native both the exclusive despite and the community lease. title determination Case 2 Owners were Traditional two In case, the second property with assault and damage to charged entered had who people two afterstopped they their land without permission. onto driving people were non-Aboriginal two The of land which is subject a an area to through possession native of exclusive determination owned lease, also a pastoral land was The title. Body Corporate Prescribed a by operated and senior two The holders. title native the for Owners intruders the two saw Traditional their property to onto enter and attempted men the two them. Instead of stopping, remove and sped off in the direction turned around Traditional The site. cultural of a significant Owners men after the two they had reached This caused the site. the significant entered deal of distress, Owners a great Traditional the custodians especially because they are the stopped, the intruders When of this area. Owners armsthe on with them hit Traditional stick and punctured on the a tyre a ceremonial Owners, as Traditional The vehicle. intruders’ offences various with charged were result, a that submitted defence The including assault.

Case 1 Traditional Owners of group a In the first matter, conduct in a “disorderly with charged were a factsThe of the case involved public place”. of off-duty group and their invited policemen barbeque a on a beach having guests who were of some of behaviour the challenged when they followed Owners. argument An Traditional the with charged were Traditional Owners and five One of the in a public place. being disorderly by defended Owners, subsequently Traditional The with assault. also charged was Aid, Legal “public not a the beach was that submitted KLC the of purposesthe application the of for place” had no offence and therefore Criminal Code WA been committed. not was the beach submitted defence The Firstly, reasons. citing two a public place, was within an of the offences the location subject of exclusive a determination area to the beach Further, title. possession native Reserve subject ALT an area an to within was of the Aboriginal Three under Part created 1972 (WA). Act and Planning Administration the for Reservea created Where been has a non- people, Aboriginal use and benefit of The KLC provided assistance to Traditional Traditional to assistance provided KLC The to relating matters Owners separate two in provided KLC The criminal charges. defending were there basis that on the assistance on based charges the to defences legitimate and title rights of native exercise a proper Court of the Federal as described by interests in both the Karajarri Jawi Australia and Bardi title determinations. native f ces of Criminal defen native title the actions of the Traditional Owners were Output | Non-claimant justified on a number of grounds. According to applications the determination of native title, the Traditional Owners had the right to protect significant sites No non-claimant applications were made and also the right to exclude non-Traditional in the Kimberley Land Council Native Title Owners from the area. Under the Common Representative Body area in this reporting Law, a property holder has the right to protect period. his or her property from attack or threatened damage, including using reasonable force if Output | Certification required. The defence submitted that in the circumstances, and considering traditional Once work commences on the preparation of law and custom, it was a reasonable use of an application for the determination of native force. The defence submitted the accused had title, KLC staff undertake the following tasks: a cultural duty to protect the site under their • ethnographic research to identify the law and custom and it was possible that their basis of the community of native title failure to do so would have made them subject holders, the area of land and/or sea to to punishment for failure to protect the site. be claimed, and the membership of the claimant group; In this case, ‘ tribal law’ was not argued as • assistance to the community of native a defence. But the defence did argue that title holders to organise a series of a determination of native title does allow inclusive and widely advertised meetings Traditional Owners the right to protect in relation to the application; their rights and to uphold the terms of the determination. The cultural obligations of the • provision of advice on the legal and other Traditional Owners, is not a defence in itself but issues affecting the application; can be used to assess whether the actions of • if requested, the provision of advice to the the Traditional Owners were reasonable in the community in relation to the selection of circumstances. the appropriate named applicants; • making records of minutes of all His Honour left open the question as to whether meetings, and of the decision making exclusive possession native title meant that process undertaken within the meetings; the intruders were indeed “trespassers” on the and basis that the force used by the defendants was • drafting application forms. unreasonable. As part of the process of certification, a memorandum is prepared detailing the decision making process by which the claimants select and authorise the applicants. If the KLC is satisfied there has been a proper and fair process to authorise the Named Applicant by the claimant group, that all reasonable

44 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting back country 45 standing from outside the community standing from Chairman, Deputy KLC the as (such be may Chairman or Special Advisors) will KLC The meeting. the chair to asked their propose assist the community to issues; relevant the solutions to own meetings individual necessary, where people to be held with concerned may and advice; information provide various formal from assistance requesting if mediation to institutions in relation internal is made through no progress The resolution. dispute at attempts the Kimberley institutions include formal the Centre, and Culture Law Aboriginal and the Tribunal Title Native National Court. Federal • • ative Native Disputes relating to Title Applications resolve to policy endeavour to It is the KLC’s by Applications Title Native to relating disputes meetings and in the claimant at consultation of claim preparation. course Mayala During the reporting period a small dissident obtain to sought claimants of Mayala group the claim for legal representation separate not supported was the majorityThis by group. deal of division and caused a great of claimants group dissident The group. claim the within to legal advisers which attempted retained become to and sought advise the claim group further created conflictThis on record. solicitors within the group. within of concern main areas two were There group: the disaffected

development of a comprehensive profile profile of a comprehensive development title community native of the relevant detailed anthropological, through and linguistic research, cultural historical, and guide facilitation to in order strategies. mediation community meetings inclusive convening relevant any identify to attempt that between and disagreements differences of a Depending on the gravity people. a community of high- member dispute, standing or an impartial person of high- • • KLC dispute resolution functions based resolution are dispute KLC emphasising mediation on a philosophy within the community of and negotiation It one identify title applicants. seeks to native prior to title holding group, native cohesive Title of Native or progressing the lodgement Applications. undertaken developing in assist process to The and within groups between agreements parts: four comprises Complaints received, Complaints received, resolved, pending ute Output | Dispute aints resolution, compl and disputes efforts have been made to identify all persons to identify made been efforts have and title rights hold native who hold or may and land and waters, relevant in the interests the identifies properly the application that then the CEO may group, title claimant native certify application. the Title In this reporting no new Native period, certified. were or ILUAs Applications • There is a perception that the KLC has In this reporting period, the dissident group taken too long to resolve the group’s filed an application to become a respondent native title determination and consider party to the Wanjina Wungurr Dambimangari that they are not kept adequately claim, causing a court hearing to be held on informed. The KLC has advised the group May 24–25, 2011. The application was rejected on a number of occasions that this claim and the hearing for a consent determination for is closely associated with the Bardi Jawi the Wanjina Wunggurr Dambimangari Native decision. The issues are very similar Title Claim was held on May 24–25, 2011. as they both relate to sea and island country. The Full Federal Court handed Goolarabooloo Jabirr Jabirr down its decision in favour of the Bardi in March 2010. The KLC In 2009, the KLC received instructions from the and the State immediately commenced Goolarabooloo Jabirr Jabirr Native Title Claim negotiations to resolve the Mayala claim. group to enter into a Heads of Agreement This was put on hold because of divisions with the State Government and Woodside, within the group. The KLC has attempted regarding a regional benefits package as part of to resolve the issues through meetings the development of a proposed gas processing with the claim group and has the support hub. The validity of the Heads of Agreement was of the majority of the claim group. This, challenged unsuccessfully in the Federal Court, however has not satisfactorily resolved by Joseph Roe, a member of the Goolarabooloo the issues with the dissident group. people. During this reporting period, the ruling was unsuccessfully appealed. Over the course • Members of the dissident group assert of those proceedings, it was alleged the KLC that the neighbouring Dambimangari had a conflict of interest as it had previously claim overlaps Mayala country. This does acted for both groups. Accordingly, the KLC not accord with an agreement reached gave undertakings to brief out the progress of between the two claim groups in 1998 the native title claim. and 2001. In the 2009/2010 reporting period, the KLC An authorisation meeting was held in April attempted to mediate this dispute through 2010 to replace the Named Applicant. The joint claim group meetings and three meetings KLC went to great lengths to have attendees with senior people from both claim groups. The register before coming into the meeting to KLC held a meeting in which representatives ensure that only true claimants could vote from the National Native Title Tribunal attended and participate. However, this was sabotaged as observers. The meeting was for those people by certain members of the claim group who who speak for the disputed country from both opened a side door allowing many people who claim groups. The disaffected group attended would not otherwise have been authorised to but walked out of the meeting. The remaining attend the meeting. people present voted to retain the existing boundaries, as previously agreed. During this meeting, the Jabirr Jabirr people resolved to split from the claim and lodge their

46 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting back country 47

own claim. Claims were filed by Jabirr Jabirr filed in were claim. Claims own in 2010 and Goolarabooloo Families December claims neither of these January However, 2011. while the form current in their can be registered Goolarabooloo Jabirr Jabirr claim remains. In meeting in lieu of the failed authorisation was authorisation meeting April2010, a second Injunction prevent to scheduled. proceedings subsequently occurringmeeting were the injunction unsuccessful. The was undertaken. held in August authorisation meeting was An the replace to 2010 and instructions given authorised instruction This Applicant. Named in the Federal disputed unsuccessfully was further litigation the on Court.detail For Category to A | Litigation refer proceedings

Part Two Achieving the Vision | Getting control of the future 49 financial year with many companies alreadycompanies year with many financial outline to Owner groups Traditional meeting with the next year. for programs their exploration Kimberley central the in interests main The companies five are There oil and gas. coal, are Tjurabalan in the uranium exploring for lands. traditional Agreement has a new Heritage Protection KLC for explore wishing to companies for in place also been meetings with have There uranium. Owners to in relation Traditional Tjurabalan these at assisted has KLC exploration. uranium expert in relation providing advice meetings by and mining. exploration uranium to in searching interest has shown One company within the Nyikina uranium for Mangala claim in the long-held interests are and there area Dambimangarithe within Oobagoomaarea claim. of Indigenous negotiation Land Use The Australia Western of with the State Agreements in infrastructure of building the facilitate to partlarge a will form of the communities finalised the KLC The workload. new unit’s 2010. September in State the with agreement staff numbers in the unit has increased This working currently is KLC The positions. five by nine Indigenous negotiate Land Use to with the Department of Housing, Agreements with the Department agreements of State three with the and one agreement Development amongst and Cabinet, Department of Premier others. the | the agreements

The Agreements Unit was formed in early 2009 formed was Unit Agreements The making between all agreement facilitate to Owners parties and third (other Traditional Gas proposal than the Liquefied Natural the managed by which are negotiations, SolutionsRegional see below). unit, unit undertakes HeritageThe for negotiations all subsequently, and, Agreements Protection Clearances). Heritage Surveys (Work Program Traditional Unit also assists Agreements The Owners on mining with negotiations with as agreements as well agreements, departments, agencies and government bodies. research and one para-legal legal officers two are There negotiation workingAgreements officer in the project two coordinator, as a as well area, on Work officers field working and three officers Clearances. Program been 86 Heritage Protection have There Program Work and 77 negotiated Agreements During undertaken Clearances year. in the past reporting number a large the previous period, workingof companies in the Kimberley because of programs their exploration reduced is no longer This recession. the global economic activitythe case and exploration has increased. has been in the this year area main focus The particularly Kimberley, in the Nyikinacentral This lands. Mangala traditional and Ngurrara nextthe for ongoing be to appears trend Overview future experience Getting control of the the of control Getting Of the heritage clearances conducted this year, KRED Enterprises 21 were for housing and other State agencies to facilitate the building of social housing and In March, the Kimberley Land Council launched other infrastructure in communities. the Ambooriny Burru Foundation —a charitable trust venture to facilitate Kimberley Aboriginal KLC housing staff have assisted the State people’s engagement in the expanding Emergency Task Force which was set up as part regional economy. of the response to the community of Warmun’s destruction by floods earlier this year. This The KLC, in establishing this foundation, is included consultation with the community, fulfilling the long-term vision of Kimberley setting up a Cultural Awareness package Aboriginal people to get control of their future designed by the community for delivery to through increased opportunities and economic workers rebuilding the community and liaising independence. with government agencies. Rebuilding the Ambooriny Burru means “people’s land.’’ The community has been challenging with issues foundation belongs to all Kimberley Aboriginal arising that are not encountered on a normal people. construction site. These have included men- only and women-only areas, burial sites close Ambooriny Burru has established KRED to where people have resided rather than a Enterprises as its business arm to seek out common cemetery, buildings having been and develop business and job opportunities placed on top of cultural sites in the past which for Kimberley Aboriginal people on behalf have now been destroyed but the concrete of the Foundation. Wayne Bergmann is the slab that remains cannot be touched because Chief Executive Officer of KRED Enterprises of what is underneath. Charitable Trust.

Assistance was provided for the negotiation KRED Enterprise is owned by Ambooriny of an agreement between Mayala and Pluton Burru Foundation and KRED Enterprises is Resources Pty Ltd, which was finalised in June listed as a Public Benevolent Institution and 2011. KRED Enterprises is the commercial arm of the charitable Ambooriny Burru Foundation, which Nyikina Mangala also received assistance is owned by Kimberley Aboriginal people. to settle a negotiation protocol with Rey Resources. Ambooriny Burru and KRED Enterprises beneficiaries are Kimberley Aboriginal people. Income generated by KRED Enterprises flows back into the Kimberley for the benefit of Kimberley Aboriginal people. Ambooriny Burru Foundation priority is to support Aboriginal law and culture, land management, language work and economic development in the Kimberley.

50 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting control of the future 51 1993 to obtain full obtain to 1993 Act, Title Native party and Native be secured funding cannot Body funds must instead Representative Title making proceed, to agreement for allocated be the need to between can be created tension future the to systematically and fully respond Native progress act and the need to matters is a major factor tension This Applications. Title progressing to in a less than optimal response shortfallThis in actall future negotiations. significant a remains allocation resource frustration and a significant the KLC for concern parties. third for to pressure is also under considerable KLC The acts, as such future sponsored deal with State the construction infrastructure, of public works our exceeds greatly of works but the scope The KLC resources. financial and logistical since with the State has been in negotiation of funding level a significant October 2008 for is often KLC The this process. expedite to commenced being works in delays for blamed the However, in a timely manner. or completed we that advised the State has consistently KLC works of proposed notification need greater us put to matters urgent than having rather planning, better With in the project cycle. late the State, the from resources and notification respond. to placed be better would KLC appreciate fail to act future proponents Many the requirement caused by are oftenthat delays the under instructions and (which is costly claim group are often there and that to arrange) difficult registration for the periods notification lengthy ultimately which may (ILUAs) agreements of any negotiated. by

It continues to be the KLC’s experience that that experience It be the KLC’s to continues benefits tangible provide outcomes negotiated and the Owners,proponents Traditional for generally Negotiations wider community. or other than litigation cost a far lower at occur in terms when measured of disputation, forms social and community allocation, of resource between relationships to cost benefits and the and the wider proponents title holders, native community. highly act require future negotiations Many expert particularlytechnical advice, in relation necessity The development. resource mineral to expertise this contract to from the KLC for has been an ongoing outside the organisation external While assistance and long-held issue. particularly for be required, to will continue has KLC the matters, or technical complex more externalreducing towards significantly moved making by with agreement associated costs expertise. internal its own developing seek financial to Itthe practice the KLC of remains meet the costs to proponents from assistance This making. and agreement of negotiation Native on limited the strain alleviates approach third Where Body funding. Representative Title agreements Negotiated Output |The role of agreement making in the performance of Native Title Representative Body functions The establishment of these ventures does ventures of these establishment The or functionrole not change the of the KLC. carry to will continue out its core KLC The land title, of native in the areas responsibilities and agreements. and sea management Major Future Act • Business Development negotiations & agreements • Kimberley Metals Group will assist Lumugal Traditional Owners in Kimberley Metals Group establishing businesses to provide services to the mine; The KLC negotiated a significant mining • the company will provide business agreement for Kimberley Traditional Owners expertise to assist Traditional Owners in in August 2010 that provides for education, setting-up business opoortunties; employment and business development • Kimberley Metals Group will provide opportunities. business development sessions to help The agreement is between the Lumugal Traditional Owners set-up businesses people and Kimberley Metals Group for an iron and ensure they are successful; and ore mine to be built near Pompeii’s Point in the • businesses operated by native title east Kimberley. holders will be given first preference when awarding contracts. The deal was signed after eight months of • Education negotiations and highlights the strength of the Significant ongoing commitments to KLC in brokering important mining agreements increase education opportunities for for Kimberley Aboriginal people that include Lumugal Traditional Owners. not just royalties but life-changing benefits.

Although the agreement is commercial-in- Pluton Resources confidence, it provides for significant benefits Mayala Traditional Owners have negotiated an for the Lumugal people including mining agreement for an iron ore mine in the north royalties for the life of the project. Kimberley as a way to provide an economic future for their people. Other benefits include: • Employment opportunities The deal between Mayala Traditional Owners • Traditional Owner training positions or and Pluton Resources is for the construction and apprenticeships with provision of full- operation of an iron ore mine on Irvine Island, in time work once completed; the Buccaneer Archipelago north of Derby. • Lumugal Traditional Owners to be The agreement includes significant training, given preference for employment employment and business development positions; opportunities for Mayala Traditional Owners. • employment of Aboriginal Cultural The Agreement includes a regional benefits Rangers and mentors to assist fund which will be managed by KRED Indigenous staff; and Enterprises for the benefit of all Kimberley • employment of an Aboriginal mentor Aboriginal people.s The project will operate to assist Indigenous staff to best practice cultural, heritage and environmental standards.

52 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting control of the future 53 independent environmental consultant consultant environmental independent issues and reportto on environmental projects; ongoing Owners have to Traditional Irvine to access Island; and fund a develop to Resources Pluton RangerMayala Program; opportunities and business contracting and joint contracts including commercial partnerships people venture with Mayala and consideration; favourable given be to transfer oppportunity the favourable for end of the project the as well of assets at the of rehabilitation and revegetation as mine site. • • • • • Rey Resources of negotiating in the process is currently KLC The of a co-existencethe key terms agreement Traditional the Nyikinabetween and Mangala Rey to Ownersin relation and Rey Resources a proposed Project, Duchess Paradise Resources Kimberley mine in the west region. coal Owners Traditional NyikinaThe and Mangala a formally through elected, recently have of group a meeting, group claim constituted Owner Traditional Owners as the Traditional 10 KLC The (Committee). Committee Negotiating workingbeen has Committee the with closely Owners Traditional the key terms identify to see in a co-existence like to agreement. may legal and has also been providing KLC The assist to the Committee to advice commercial the best possible benefits. negotiate them to been not yet have the key terms Although is seeking the KLC with Rey Resources, agreed a new benchmark which set terms negotiate to in the Kimberley, agreements resource for

construction of a multi-purpose cultural on the Dampier centre arts interpretive and ongoing funding for Peninsula and development; operation cultural or more of two employment cultural heritage Rangers provide to of all employees for training awareness the mine; least two at employ to Resources Pluton full-time Indigenous staff as management trainees; and training Indigenous employment on the with penalties imposed targets meet targets; failing to for company of an implementation formation title of native comprised committee trust and Pluton the regional holders, a develop to employees Resources and training employment business, social impacts plan of strategy, plan of environmental management, resolution; and dispute management will conduct operations Resources Pluton Irvineat best practice in Island to and heritage cultural environmental, standards; Traditional Mayala with consultation and matters Owners on environmental operations; changes to • • • • • • • The agreement includes compensation and compensation includes agreement The community as the Mayala for payments royalty regional and Resources equityas Pluton in well for all people. KimberleyAboriginal benefits is commercial-in- the agreement Although benefits for significant it provides confidence, including mining people the Mayala for of the project. the life for royalties include: Other of the agreement highlights particularly in terms of environmental The Future Act Officer continued to be protection for the region. responsible for streamlining the process by which the KLC responds to future act notices, in particular mining and exploration matters, Meridian and refining the data collection process Meridian has indicated to the Gooniyandi and the database for reporting purposes. Traditional Owners that they are would like Streamlining of the future acts procedures, to negotiate a co-existence agreement with and further development of the future acts Gooniyandi Traditional Owners in relation to database and notification process will continue their proposed re-opening of the Kajebut mine. to be a priority in the next reporting period, Formal negotiations have not yet commenced. notwithstanding the withdrawal of funding for this position. Output | Compensation claims Types of future act activities included: No compensation applications for the loss of • mineral tenement-related notices such native title were made in the reporting year. as exploration, prospecting, mining and petroleum titles; Output | Responses to • compulsory acquisition notices for land future acts to be used by a third party; • compulsory acquisition by a government The KLC no longer receives funding from the party for public purposes; State Government for management of future acts. This has increased the workload of other • water licenses; KLC staff and stretched resources. • road building; and • other purposes. The degree of response to future act notices by the KLC is dictated by the availability of Each type of future act attracts a different resources and subject to priorities set by the procedural right for registered claimants. Board. The KLC has adopted policies and procedures to ensure that, so far as possible, In the reporting period July 2010–June 2011, registered native title claimants are notified the KLC made or otherwise facilitated the of any acts that may affect their native title making of, responses to s.308 Future Act rights and interests. This is done as a matter Notices. These included: of principle and in accordance with the 223 exploration related applications requirements of this function under the Native 24 prospecting related Title Act, 1933. 49 right to comment 8 right to negotiate Internal procedures adopted by the KLC to 4 Notices of Intention to Take. maximise this response include the entry of all future act notices on to a database and issuing The level of work in the future act area is shown of notices to respective native title claim below: groups. 54 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting control of the future 55 making Agreement ILUAS affected Number of working has been state with various KLC The in housing and social agencies involved instructions projectswhere infrastructure are being undertakenbeing obtained and work acts under the future regime notices prior to the to contributes heavily This being issued. ongoing workload and prioritisation KLC’s reportingformal in our is not reflected which year. in the same financial requirements 1 2 3 8 4 2 1 5 5 2 4 4 1 1 No. 1 4 3 10 24 223 308

...... Aquaculture ...... vegetation Clear native ...... Road maintenance/works supply ...... Water ...... Tourism ...... Petroleum Horticulture...... Miscellaneous...... license TOTAL ...... Exploration Reserve...... dreation/expansion ...... housing Public ...... works Public Infrastructure (mining)...... Land lease...... Land sale...... Land use...... NOITT ...... variation lease Pastoral farm lease...... oyster Pearl ...... license Prospecting As, Disputes relating to ILUAs, rights of access and other matters rights ILUAs, to relating no disputes were There in the reporting or other matters of access period Notification policies and procedures has adopted KLC The registered so far as possible, that, ensure to acts notified of any are title claimants native title and rights affect their native could that and of process is done as a matter This interests. of this with the requirements in accordance , 1993. Act function Title under the Native TYPE OF FUTURE ACT acts Table 2: Future Table 3: The list of Indigenous Land Use Agreements that we hold instructions to negotiate is as follows:

Negotiating party Claim group ILUA

1. Department of Housing No claim Precedent Body Corporate ILUA – Build First

2. Department of Housing No claim Precedent Area Agreement ILUA – Build First

Precedent Body Corporate ILUA – Authorise/ 3. Department of Housing No claim Build/Register

Precedent Area Agreement ILUA – Authorise/ 4. Department of Housing No claim Build/Register

5. Department of Housing No claim Precedent Body Corporate ILUA – Register/Build

Precedent Area Agreement ILUA – Register/ 6. Department of Housing No claim Build

Yurriyangem 7. Department of Housing Warmun ILUA – Build First – 4 houses pre-flood Taam Warmun ILUA – Build First – all Taskforce works Department of Housing/ Yurriyangem 8. post-flood (may result in a series of ILUAs rather Multiple Agency Taam than a whole of State ILUA)

9. Department of Housing Nyikina Mangala Pandanas Park ILUA – Build First – staff houses

Department of Premier and 10. KTLA Broader ILUA for Karajarri Lands Cabinet

Department of State 11. No claim Precedent Body Corporate ILUA – Build First Development

Department of State 12. No claim Precedent Area Agreement ILUA – Build First Development

EKDP works – Kalumburu aged-care facility, community meeting place, health staff housing, Department of State 13. Balanggarra rubbish tip expansion; Wyndham early-learning Development centre and TAFE expansion; and Oombulgurri community meeting place

EKDP works – Doon Doon community meeting place; and Warmun rubbish tip (and potentially Department of State Yurriyangem 14. health clinic and aged-care facility dependent Development Taam on outcome of completion through Taskforce works)

56 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting control of the future 57 ILUA Bidyadanga power station ILUA station power Bidyadanga Djarindjin/Lombadina power station ILUA ILUA station power Djarindjin/Lombadina Kalumburu power station ILUA station Kalumburu power Kalumburu women’s safe house ILUA safe Kalumburu women’s Youth workers accommodation ILUA at Balgo, Balgo, at ILUA accommodation workers Youth Mulan and Bililuna Training and accommodation Facility ILUA at at ILUA Facility and accommodation Training Park Pandanas Training and accommodation Facility ILUA at at ILUA Facility and accommodation Training Djarindjin Training and accommodation Facility ILUA at at ILUA Facility and accommodation Training Bidyadanga Training and accommodation Facility ILUA at at ILUA Facility and accommodation Training Beagle Bay Market garden and compound development development Market and compound garden Beagle at Bay ILUA ROC staff housing and office ILUA at Ardyaloon at ILUA ROC staff housing and office ROC staff housing and office ILUA at Beagle Bay atILUA Beagle ROC staff housing and office Bidan Community ILUA Bidan Community Kandiwal ILUA and surrounds Community Claim group Claim KTLA Bardi and Jawi Bardi Balanggarra Balanggarra Tjurabalan Nyikina Mangala Bardi and Jawi Bardi KTLA Nyul Nyul Nyul Nyul/DJDJ Bardi and Jawi Bardi Nyul Nyul Nyikina Mangala Uunguu

Negotiating partyNegotiating Horizon Power Horizon Horizon Power Horizon Horizon Power Horizon Department of Child Protection Shire of Halls Creek Shire Kullarri CDEP Kullarri CDEP Kullarri CDEP Kullarri CDEP Kullarri CDEP FaHCSIA FaHCSIA Bidan Aboriginal Bidan Aboriginal Corporation/DIA WGAC/WW PBC/DIA HCLHHAB town site and Moola Bulla excision lots (Kija/Jaru); and Moola site Bulla excision HCLHHAB town (Bunuba); ILUA site town Crossing Fitzroy (Nyul Nyul); and ILUA site town Beagle Bay (Nyul Nyul). ILUA area BBCI lease application 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. • • • • The following items have been discussed or requested by claim groups and will result in ILUA ILUA in will result and claim groups by been discussed or requested have items following The instructions:

Part Two Achieving the Vision | Getting control of the future 59 The Goolarabooloo Jabirr JabirrThe and held Djabera Djabera meetings were not valid; and were notice without proper Traditional authorisation of the The not was Owner Committee Negotiating valid; not valid; was Heads of Agreement The and not valid. were negotiations ILUA The

1. 2. 3. 4. Further legal proceedings commenced in April commenced legal proceedings Further actionlegal RoeJoseph when initiated 2010 Joseph against the Kimberley Land Council. he comprising Roe the Applicant, claimed that on behalf of the Goolarabooloo Shaw and Cyril seeking the following were Jabirr Jabirr people, declarations:– grouped) (broadly Federal Court Gilmour dismissed Justice Judge Federal finding 2010, 2, August on proceedings the part was who person single a as that a of RoeJoseph legal the lacked application, joint the application commence to standing required Court right. in his own in the Federal Barnett Colin Premier WA On September 3, 2010, Take to of Intention Notices different issued three citing Point, James Price the land at (NOITTs) and the authority of litigation the continuation being and the Named Applicants of the KLC question as his rationale. called into Traditional and the the KLC this, Following (TONC)Owner Committee Negotiation the by meetings convened mediation attended (NNTT)Tribunal the Title for Native National the claim Details regarding next nine months.

t,1993 to replace the Named Applicant. the Named Applicant. replace to t,1993 On August 3, 2010, the Goolarabooloo Jabirr On August the current that resolved Jabirr claim group with should be replaced Named Applicant came This six other members of the group. of one of the two about after the resignation the Named Applicant. persons who comprised Goolarabooloo Jabirr JabirrThe claim group bring an to instructedsubsequently the KLC Title of the Native under s.66B application Ac being the authorisation process Despite Court,of the notice Federal in the challenged legally was application the replace motion to 15, 2011. on February validated f Negotiation of e agreements for th establishment of the LNG precinct The KLC and the Western Australian State State Australian Western the and KLC The a Financial into entered (the State) Government October on 20098, (FAA) Agreement Assistance Traditional and KLC the resourcing of aim the with Owners participate a LNG to in developing The facility on the Kimberley processing coast. revenue project bring is expected significant to excess in Commonwealth and both the State to of the Project. the life of $100 billion over Assistance 3, 2010 a new Financial On November the period July 1, 2010 for signed was Agreement furtherA 2011. 31, March to extension of funding 27, 2011. on May signed 30, 2011 was June to und Backgro egional solutions unit solutions Regional are also reported under Getting Back Country • Native Title Agreement; and/or | The native title claims experience, Category A | • State Agreement; and/or Litigation and Output | Complaints and disputes • Regional Benefits Agreement. In April 2011, the KLC held separate, four-day On May 6, 2011 a majority of the Goolarabooloo briefing sessions with the Goolarabooloo Jabirr Jabirr claim group voted to support and Jabirr Jabirr people in relation to the the Browse LNG Process and instructed the negotiations and the agreements that had Applicant to enter into the above Agreements been negotiated to date. The purpose of the subject to final drafting. briefing sessions was to discuss: • the NOITT and associated legal The voting and meeting processes was implications; scrutinised by the National Native Tile Tribunal member, Dan O’Dea. • the Native Title Agreement, the State Agreement and the Regional Benefits Agreement; The agreements and • the process for authorisation meetings benefits for the Native Title Agreement, the State On June 30, 2011 the Goolarabooloo Jabirr Agreement and the Regional Benefits Jabirr native title Applicant provided consent Agreement; under s.31 of the Native Title Act, 1993 for the • the native title claim hearing of the s.66B grant of titles and approvals necessary and Application; and incidental to the development of the Browse LNG Precinct and signed the Browse LNG • the strategic assessment process, Precinct Agreements (the Agreements). This including the Aboriginal Social Impact consent was provided in exchange for benefits Assessment (ASIA). to be paid to the Goolarabooloo Jabirr Jabirr Briefing sessions with the Goolarabooloo Traditional Owners and to the Kimberley people were held on April 11 to 14, 2011 and region, as well as undertakings in relation to the Jabirr Jabirr people on April 18 to 21, 2011. the scope of any future LNG development.

On April 20, 2011, the KLC and Traditional Importantly, the Goolarabooloo Jabirr Jabirr Owners received advice from the State people reserved the right to object to the confirming that the State had referred the project on environmental grounds under the Notices of Intention to Take (NOITTs) to the Strategic Assessment Process and secured a National Native Title Tribunal. commitment from the State there would be no further LNG development on the Kimberley During the week commencing May 2, 2011,the coast apart from the Browse LNG Precinct at KLC briefed the combined Goolarabooloo James Price Point. This commitment represents Jabirr Jabirr native title claim group and sought the culmination of a four-year process through instructions from the native title claim group which Kimberley Traditional Owners considered for the Applicant to enter into the following whether they were prepared to provide their agreements: informed consent to the development of a 60 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting control of the future 61 be handed back as freehold land at end at land as freehold be handed back includes This precinct. the of life the of including the port;options on facilities land in Broome housing and residential includes This Landcorp. by allocated as house and land six an office, one block for 15 and blocks packages,developed 25 land. hectares of undeveloped $20 million towards a regional economic economic regional a towards million $20 fund; development Indigenous a regional $30 million towards housing fund; education a regional $20 million towards fund; cultural a regional $8 million towards preservation fund; the million towards least $108 at Kimberley Scheme to Enhancement and social programs existing supplement Indigenousenhance service delivery in the Kimberley; of $4 Woodside by annual payments the Kimberley million to Enhancement social existing Scheme supplement to Indigenous and enhance programs service delivery in the Kimberley; Indigenous300 constructionthe in jobs of the least 15 per cent phase and at when the be Indigenous, to workforce project is in operation; land to least 600 hectares of freehold at Owners Traditional Peninsula Dampier land tenure reform to and a commitment Peninsula; land on the Dampier on ALT • • • • • • • • • In the Goolarabooloo Jabirr Jabirr addition to benefits significant are benefits package, there Indigenous Kimberley to wider of the people including: region

$30 million towards an economic economic an million towards $30 Indigenous fund and an development housing fund; with payments $28 million in milestone LNG any an additional $5 million for of the notional three-train in excess trains (ie 11.1Mtpa); development of $4 million with an annual payments of $2 million additional annual payment of the notional in excess LNG trains any for Mtpa); (ie 11.1 three-train development $3 of approximately annual payments and development business million for and training; employment in of $5 million a year, commitments meet to preference job and contracts targets; Indigenous employment of the Reading the rollout $8 million for the throughout Recovery Program Kimberley; the Goolarabooloo Jabirr $10 million for Jabirr Rangers; land on country, 2900 hectares of freehold the LNG precinct to with land taken for • • • • • • • • single LNG precinct on the Kimberley coast to precinctKimberleythe LNG on single to coast reserves. gas field Browse the vast process benefits packageAgreements The set out in the Owners with Traditional Kimberley provides stake in the Browse a meaningful economic to and is designed Project LNG Precinct and economic of the maximisation ensure It also the development. social benefits from Owners Traditional participation for of provides of socio-economicin the management and impacts. environmental to Goolarabooloo provided Specific benefits Owners include: Traditional Jabirr Jabirr

Part Two Achieving the Vision | Getting control of the future 63 focused on responding responding on focused the State’s review of a number of the of a review the State’s Indigenous Impact Reports KLC’s Survey Site Report,(Archaeological Heritage Impact Report, Assessment SocialAboriginal Impact Assessment Owner Report,Traditional and Report on and Indigenous Community Consent Consultation); Browse of the State’s a draft copy Social Impact Strategic LNG Precinct Social 3: Strategic Assessment: Volume Impact June 2010. Management Plan • • nd mpacts and Indigenous i assessment strategic process the DepartmentOn July 14, 2010 State of with a the KLC provided (DSD) Development the Aboriginal to relating number of documents Social Impact the Strategic and Assessments These Assessments. included: As a result, the KLC, the KLC, a result, As a number of the Departmentto of State to provided draft documents, Development as partDepartment of the the KLC of State of the Draft development Development’s also KLC The Report. Assessment Strategic the Departmentto respond to of worked Draft on the comments Development’s State Indigenous Impacts. Indigenous Impacts six-volume The Report, SocialAboriginal which included the Impact Report, finalised (ASIA) was Assessment in earlyDecember. the State by release for Briefings on the Indigenous Impacts Report staff KLC relevant to the KLC by provided were and Federal a number of State and consultants, meet media requests. and to politicians,

600 hectares of freehold land to Traditional Traditional land to 600 hectares of freehold Owners in the Kimberley region; of jointly- the creation $15 million towards heritage and conservationmanaged, reserves the Dampier Peninsula; on a million to $1.3 of payment annual fund; education regional of $1 million additional annual payments and $1 million to Kimberley the to region Owners for Traditional Dampier Peninsula three- of the notional every in excess train development. train • • • • The State has committed to enact to legislation has committed State The LNG precinct the Browse that providing on the will be the only LNG development it is intended Kimberley and therefore coastline be an additional proponent may there that process who will use the LNG precinct to any that provide Agreements The gas. Browse negotiate to will have additional proponent with the Goolarabooloo Jabirr Jabirr native benefits packageto any and title claim group the Goolarabooloo Jabirr Jabirr people and least at be to beneficiaries have will regional package. Woodside with the commensurate The KLC reviewed the social impact A number of archaeological surveys across the components of the Draft Strategic Assessment Precinct survey area were also conducted on an Report (DSAR). A 50-page, public submission ongoing basis throughout the reporting period. on social, cultural and environmental aspects of the Draft Strategic Assessment Review Woodside cancelled a number of activities (DSAR) was finalised on March 28, 2011. during the wet season because of bad seasonal weather which prevented road access to the One of KLC’s major concerns with the draft area. report is that there is no provision for a Commonwealth or State body to be set up Cancelled activities included: turtle surveys; to monitor, or respond to, the social impacts monsoon vine thicket surveys; onshore associated with the project. The KLC has been geophysical surveys; and onshore geotechnical arguing the need for a statutory body to ensure work. that when government changes, Traditional All activities are carried out under the cultural Owners will still have a body that can be held direction of the Environment and Cultural responsible for managing impacts. This remains Heritage Team (ECHT) which is made up of an area of contention at the Tripartite level. senior cultural advisors from the Goolarabooloo The KLC continued discussions with the Jabirr Jabirr claim group as well as linked claims. Department of Sustainability, Environment, The monitoring program is proving to be Water, Population and Communities (DSEWPC) a successful employment initiative. The and the Department of State Development, monitoring teams have developed new skills to facilitate the full exchange of information across the past 18 months and are now a well regarding respective positions about the functioning unit of approximately 20 Indigenous Federal Minister for the Environment’s powers people (male and female mainly ex-CDEP to attach conditions to any approval of a plan participants). They have participated in: under the EPBC Act. • Senior St John’s first aid course, Broome Participation in studies St Johns Facility • IFAP, Tropical Basic Offshore Safety Traditional Owners participated in a variety of Induction & Emergency Training surveys during the reporting period including: (TBOSIET) Mega-fauna Surveys, Meteorological Tower • Incorporating Helicopter Underwater Service visits, Tidal Observation Surveys, Turtle Escape Training (HUET) surveys, Frugivorous fauna baseline surveys, • (Note: this course is the first towards Initial ground watering monitoring, Flora/ working in the offshore oil and gas fauna surveys, on and off-shore geotechnical industry.) and geophysical works and Intertidal dinosaur • IFAP, Common Safety Training Program footprint surveys. (CSTP) • Marine Mammal Observer(MMO) The week-long training course, held 64 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting control of the future 65 f objectives of Promote greement Heads of A about the proposed Media coverage to manage. has been difficult development in has, play of the issues at complexity The public and as a result the confused some ways, project, the of image public negative a created in some aspects. articleshave been published Many have that the and journalists covering been inaccurate in reporting not been interested project have Traditional of on the genuine engagement Owners the process. throughout in June 2011, when protest evidenced was This Price James at action against the development of a peak. media coverage reached Local Point Traditional the action the story tell failed to of Owners solely on the view of the and focused protestors. pictures of people chaining Unfortunately, against protest to bulldozers to themselves than the story “newsworthy’’ more the gas are in Owners being involved Traditional about negotiations. high level stories positive been several have There Tripartite published locally about the and when a project milestone Engagement of the such as the signing has been reached, in June this year. agreement has been there level, and national On a state projectthe about media coverage widespread depicts and the situation accurately more that Traditional Owners have role the significant in securing this development. played

in Broome teaches participants teaches in Broome about and methods monitoring latest the industry. used by procedures temporarily studies were On June 7, 2011, blockadespostponed due to on the road Traditional Point. James Price to entrance subjected also Ownerwere Monitors and abuse by ongoing harassment to protestors. l Owner Traditional Owner engagement Owner Committee Negotiating Traditional The of the 10 (TONC),representatives made up of provide to meets monthly apical ancestors, instructions the negotiating to and advice team. Owner Committee Negotiation Traditional the with negotiations attended members sessions and mediation and proponent State KLC The Tribunal. Title Native with the National and the committee with work to continued management Owners develop to Traditional be a required will structures and plans that Management of the development. as a result for being developed structures and plans are Point Owners Price of the James Traditional the Kimberley as those in the broader as well area region. Owner Committee Negotiating Traditional The also participated in discussions about opportunities venture and joint commercial business planning. Moving forward, we can expect high level educational risk. The KLC successfully lobbied protest action to continue to dominate Woodside to fund this initiative to the value of media coverage of the LNG Precinct, until $8 million. significant project milestones are met. These milestones include the final decision of Federal The KLC completed the draft resources for the Environment Minister Tony Burke on whether Investing in the Future Work Readiness Training to approve the project or not in mid-2012 and Program. This included web design and when Woodside commits to moving forward hosting arrangements. The resource handbook with the project. will be available to anyone engaged in training and education. The KLC expects to launch this The KLC, in the next reporting period, will be program in August 2011. able to be proactive in the media as a result of legal constraints limiting our ability to speak The KLC continued to participate in being lifted as a result of the Agreement being meetings with the State and Commonwealth signed. governments as well as government and non- government agencies, to look at strategies to The media focus of the KLC is to inform the increase Indigenous participation in training, public about the story of the Goolarabooloo including participation in the Feasibility Study Jabirr Jabirr Traditional Owners, their for an Industry Trade Training Centre to Support engagement in the process and associated the Construction, Civil and Oil and Gas Industries. benefits. Traditional Owners also want to speak to the media about what they are doing to Business development protect the environment and keep law and opportunities culture strong. The Economic Development Committee Employment & training continued to engage and work with Woodside to identify business opportunities (short and The KLC continued work with DEEWR on a long- term) for the Traditional Owners of James proposal to develop a Kimberley relevant Price Point and the Kimberley. The committee model for Job Service Agencies (JSA). This also continued to identify and engage offer presents a substantial opportunity for with major contracting companies, which Job Service Agency providers to direct change Traditional Owners believe could be potential for appropriate service delivery in a remote contract winners, to explore possible long- context with a large Aboriginal population. term joint venture arrangements. This was done in consultation with local Job Service Agencies. In addition, the committee also met with Woodside to continue discussions on the National Assessment Program — Literacy and funding of a business incubator to support Numeracy (NAPLAN) results received October local business development. 20, 2010 demonstrated Reading Recovery has proved to be a successful program, having a positive impact on Kimberley children facing 66 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting control of the future 67 ­ ­ The main focus areas identified in the in the identified areas main focus The Management; draft report Access include: Conservationand Heritage Reserves; Land-use Governance; Reform; Tenure Land Planning; and Community Development; Economic is looking team these focus at KLC The Services. the to recommendations and will provide areas about the Draft Report Government State and the realise to required the types of land tenure Owners. Traditional by made recommendations and all past the project has reviewed So far, activities studies and plans, related current possible, where avoid, to the Peninsula to has been what or repeating duplicating looking Studies the current at done before. and business economic and possible future also forming are opportunities on the Peninsula an important the planning process. input into and priorities identified information Similarly, Service like the Remote in other consultations Delivery Social and the Aboriginal Impact (RSD) the in to will be integrated (ASIA) Assessment appropriate. planning outputs where an engage facilitate to intention It is the KLC’s ment through the Dampier Peninsula Plan that that Plan the Dampier Peninsula through ment an imple and secures for sets a foundation maximises the long- that pathway mentation self-determination prospectsterm and for for to Peninsula Dampier the of people Aboriginal and futures. their lives over control greater have commenced team In September 2010, the KLC Peninsula. on the Dampier consultations field current identified discussions Consultation makingissues with decision and the responsibilities of PBCs roles and conflicting a two- a result, As and community councils. 2011 May conductedin was workshop day PBC and the Lombadina/ Jawi with the Bardi

The project will consider land project will consider The and sea use and the types of land tenure needed and sea use and the types of land tenure importantthe protect to countrywithin values as supportas well businesses and Aboriginal of the goal The Peninsula. the on living people that ensure project is to Plan Dampier Peninsula land use on the Peninsula planning and future native of interests and needs the on based is and Indigenoustitle holders and claimants a part on, or are people who live of the Dampier community. Peninsula In 2005, the WA Department of Planning WA In 2005, the a community-based (DoP) commissioned the draft in which resulted process consultation and Infrastructure Use Land Dampier Peninsula (“DraftPlan Report”). put on hold in June 2008, project was The selection of the site pending the outcome LNG processing the proposed for process Point precinct vicinity in the James Price of (“LNG Project”). when that It envisaged was the Project, LNG the for identified was site a the Draft would Plan for process consultation the facilitate would and the KLC resume Indigenous taking community consultations and its associated the LNG Project account into this process resumed KLC The planning issues. in July 2010. Plan purpose of the Dampier Peninsula The obtain views is to process, (DPP) consultation Indigenous from usage and planning land on and other stakeholders on the residents including Indigenous Dampier Peninsula, organisations. nd a land Dampier Peninsul use plan Djarindjin/Ardyaloon community councils One of the important aims of the project is to to address governance issues. Government bring all Traditional Owner groups together representatives working in the area also to identify and work on areas they have in attended. The workshop was facilitated by Toni common and where joint efforts can support Bauman from AIATSIS. real outcomes. Planning will also happen for each native title claim area, so that the The KLC also conducted a number of meetings independence of each group will be respected with native title groups on the Dampier and accounted for. Peninsula including Bardi Jawi, Nyul Nyul, Nimanburru, Goolarabooloo Jabirr Jabirr Specifically, the Dampier Peninsula Plan is and Nyikina Mangala. As a result, a Dampier committed to produce a set of recommendations Peninsula Plan Traditional Owner Steering that will set out a long-term plan that identifies Committee (“TOSC”) consisting of four the commitments required to meet the long- representatives from each claim was formed. term aspirations for the Dampier Peninsula The Traditional Owner Steering Committee and its people. The recommendations will be held its inaugural meeting in June 2011. reflected in an Implementation Framework Agreement with governments to provide Consultation with the Traditional Owner ongoing implementation and commitment to Steering Committee, native title groups and the Dampier Peninsula Planning Strategy. community groups will continue through June to November 2011. From these consultations, first phase reports will be produced for submission to Commonwealth, State and Local Governments by the end of 2011.

68 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting control of the future 69

Land access & housing (3) Land access (1) Health & wellbeing & leadership (3) Governance management resource & natural Cultural (2) (3) development Business & economic (4) and employment training Education, • • • • • • alth Commonwe ­ with Com discussions continued KLC The about new governments and State monwealth social close the gap through to approaches Tripartite the within initiatives investment six involves Forum Tripartite The Forum. made up of representatives working groups Indigenousfrom agencies and organisations KLC The and government. as appropriate) (KLC support secretariat the working to provides the identifying workingThe groups, groups. include: number of meetings held, rtite ent / Tripartite engagem forum The working groups have given grass-roots grass-roots given have workingThe groups Kimberley people direct access Aboriginal and the decision-makers of both State to departments government and Commonwealth their express to influence, if not to the ability, management as fire opinions on such topics Inand housing design. the next reporting looking are hold the working to period, groups Youth Governance, on Kimberley-wide forums and Housing and Home Ownership. Leadership Kimberley will bring together forums These bloc and each cultural people from Aboriginal and politicians to representatives government will that of engagement new strategies look at enable Kimberley take people to Aboriginal of their future. control

During the reporting the Kimberleyperiod, their work continued project team Futures governance regional on a possible Aboriginal the the Kimberley link to model for which may Agreement. BenefitsRegional Kimberley futures

Part Two Achieving the Vision | Getting control of the future 71

| any breach of natural justice has occurred; justice of natural breach any or induced way in any the decision was by fraud; affected presented material insufficient was there justify the decision; to taken into was consideration an irrelevant account; taken not was consideration relevant a account; into of bad faith in element any was there thedecision making process; not made of was consideration proper the decision the merits of the case before made; was one; an unreasonable decision was the and/or arbitrary. the decision was

(a) (b) (c) (d) (e) (f) (g) (h) (i) If applicants are dissatisfied with any aspect with any dissatisfied If are applicants written the KLC they give of the decision, and the decision have they wish to that notice a is conducted by a review then reviewed, Body Review Representative Title Native KLC of consists Review Committee The Committee. This nominees. Chairperson four and KLC the member cannot include any committee review the original made that Committee Grants of the any declare decision, and members must from themselves remove and conflict interest of such conflict. in the case of any the committee Title Native In the decision, the reviewing Body Review Committee Representative whether:considers

Open and transparent policies have been policies have Open and transparent the KLC by and implemented adopted the to relation in years of number a across of its decision making processes and review Guidelines for KLC’s The Committee. Grants the sets down title matters in native Assistance the Grants in cases where procedure following should assistance that determines Committee not be provided. rejects an application If Committee the Grants the applicants provides the KLC assistance, for The the decision. for reasons with written have of their right to informed are applicants the decision reviewed. ative Review of KLC Native Title Representative Body Grants Committee decisions | reasons for decision internal review internal The KLC is in the process of conductinga quality is in the process KLC The of the organisation. review assurance the Having a to refer information more For Service section Corporate Organisation: Strong Reportof the Annual under External Scrutiny . relating policies review separate two has KLC The Representative Title Native of KLC’s exercise the to ofdecisions to Bodyfunctions. relates One Body Grants Representative Title the Native in native assistance for application Committee decisions to and the other relates title matters in the performance generally of our of the KLC of powers. functions or exercise of performance Analysis Once a decision is made, the Native Title to a member of staff, it is referred to that Representative Body Review Committee staff member’s supervisor and an internal provides written reasons to the applicants investigation commences. If the grievance for the decision. If the applicants are still relates to a decision or act of the CEO, the matter not satisfied, they have the right to have the is referred to the Chairman and an internal decision reviewed under the Administrative investigation takes place. The complainant Decisions (Judicial Review) Act 1977 (Cth). is notified in writing of the outcome of the Applicants also have the right to seek a review complaint. of a decision under s.203FB of the Native Title This procedure is communicated to the Act, 1993. community through appropriate measures. The availability of this process of internal No reportable native title complaints were review is publicised through the following received during the reporting period. mechanisms: • in writing at the time of informing Output|number of applicants about the initial Native Title reviews pending and/or Representative Body Grants Committee completed Decision; There were no pending or completed reviews • in community meetings; and for the reporting period 2010–2011. • at KLC Board meetings, in accordance with KLC guidelines for assistance. Output | other functions Two applications for assistance were received Output | community in the reporting period. One application was rejected. In regards to the second application The KLC has a two-person community relations further information was requested and later team that works to inform our members and received and the application was still under the public about matters of interest relating to assessment at the end of this reporting period. the KLC. During the reporting period, the KLC produced KLC Grievance Resolution four newsletters which highlighted important Policy issues in native title, land and sea management, The Grievance Resolution Policy is applicable agreement making and legal matters as well as where a member of the KLC is dissatisfied with upcoming events and meetings. a decision of the KLC CEO, a Sub-Committee Our newsletters also include updates on of the Board, a delegated decision, or any act government policies and key Indigenous of a member of KLC staff. This policy excludes initiatives that could affect our members. decisions of the Native Title Representative Hard copies of the newsletter are posted to 53 Body Grants Committee. Indigenous communities and organisations The complainant is required to notify the within the Kimberley, as well as all Executive CEO of their complaint. If the matter relates Board members.

72 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting control of the future 73 conferences including the Aligning Indigenous conferences Darwin, in the In Management Conference Land this year in March Perth in Conference the Zone 2011. in June in Perth Conference and the ALP State Traditional and Kimberley employees KLC at and present Owners attend regularly and regional state national, international, and about the work and forums conferences in. is involved activities the KLC Wunggurr Wanjina of the the significance Due to produced the KLC title determinations, native Traditional booklet for a commemorative Owners on the which included information title claims and the history native of the native and quotes as comments as well title claims, Kimberley people about the from Aboriginal importance title. of native have presentations point power Numerous KLC the to presented and produced been Traditional members and Kimberley KLC Board, matters about them inform to Owners,way a as title groups. them and their native to relating members its informing in proactive is KLC The to on issues relevant title claimants and native As decisions. them so they can make informed on-country organises regularly the KLC a result, KLC’s The title claimants. native meetings for Co-chairs, members special advisers and Board and of these meetings many at present are requested. when advice offer to available times in the has met four Board KLC The native each reportingfrom member A period. and is is elected the Board to title group of their the views representing for responsible reportingand of members to back group claim of is the driver Board KLC The their claim group. and decision making and policy within the KLC direction of the organisation. sets the future

The KLC has been involved in providing in providing involved has been KLC The KLC promoting information the media with activities engaged with proactively and has has held briefing sessions KLC The the media. matters journalists complex about inform to our of informed media the keeps regularly and fact sheets activities media releases, through conferences. and press Acting KLC Bergmann, Wayne CEO KLC Former Traditional and various CEO Nolan Hunter in speaking the to been involved Owners have media about a wide-range including of topics land tourism, development, title, native government projects, ranger management, and human rights issues. proposals participate to in a 20-minute continued KLC The Indigenous on National weekly segment radio Radio Service our activities which promotes of about audience a national and reaches 45,000 listeners. its activities, highlighted has promoted KLC The the Indigenous tell and used the media to issues Owners in the Kimberley. Traditional of stories of been hundreds have there a result As and national state, local, in published stories monitors KLC The media outlets. international relevant these to all media clips and distributes people within our organisation. to also worked team community relations The a vital as this provides website, the KLC update public our members and the general for tool includes website The information. access to documents, links to newsletters, stories, news information It also provides videos and photos. of all the work and highlights about the KLC departments within the organisation. has been Bergmann Wayne CEO KLC Former and events several at speaker keynote the Output | agreements Output | Identification of with other Representative claimants and holders Bodies During the reporting period the KLC conducted The KLC has two formal agreements with other ethnographic research across several regions. Native Title Representative Bodies. The results of this research are held within the KLC’s records management systems. This An agreement (Alliance of Western Australia research also contributes to the substantial Aboriginal Land Councils) made under s.203BJ holdings of the KLC’s library. Current data and s.203BK(1) of the Native Title Act, 1993, is retrieval records are updated to ensure all in place with all WA Native Title Representative information is captured and accessible. Bodies ( Council, Goldfields Land And Sea Council, Marlpa Land And Sea Governance and Council, South West Land And Sea Council, administration and the Kimberley Land Council) to work together and create efficiencies. The Alliance The KLC maintains appropriate accountability met on October 19 to 20, 2010 and again on and management systems which result in June 29 to 30, 2011. Common issues were unqualified audit reports. The system provides discussed between the Alliance and resulted timely and high-quality information to support in the creation of a number of strategies governance decision making and accurate to ensure the input of Traditional Owner and meaningful information to users on a interests in legislative changes and reforms regular basis. This ensures adequate financial being implemented by the Western Australian controls are in place to responsibly manage the Government, including in Rangelands Reform; resources of the organisation. amendments to the Conservation and Land For more information on the Internal Audit Management Act; and Government Business Committee refer to the Having a Strong ILUAs that all impact upon native title rights Organisation|Corporate Services section of the and interests. Annual Report under External Scrutiny. The KLC was also actively involved in the National Native Title Council. Established in Consultation (s.203D) 2008, the NNTC is an alliance of Native Title In compliance with its statutory functions of Representative Bodies/Native Title Service consultation about matters relevant to the Providers throughout Australia primarily operations of the Native Title Act 1993, the KLC tasked with providing an effective national consults as extensively with its members as response to policy issues affecting native title resources permit. from the point of view of native title claimants and holders. KLC Acting Chief Executive As a community-based organisation, the KLC Officer Nolan Hunter continued as the elected employs various consultative mechanisms. chairperson of the National Native Title Council. The primary means of consultation is through native title claimant group meetings, which are held as regularly as resources permit. These

74 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting control of the future 75 the finalisation of native title cases of native the finalisation the courts; before currently Title of Native the advancement by process in the mediation Applications connectionpreparing reports; and Title other Native of the maintenance stream in the mediation Applications furtherassisting and by research claim negotiations with side groups claimant title native to relating agreements and rights and interests. table two summarises the report on • • • D) Priorities (s.203 and claims progress to continued KLC The the to prioritisedapplications according in the outlined and principles and categories Title in Native Guidelines for Assistance KLC Claims, including: ata Summary outputs d summarya is form tabular in Setbelow out performance against output report of the KLC’s information The in the reportingtargets period. in sectionsperformance of in the above identified Report.the Annual

meetings provide a community and claim meetings provide Owners Traditional where forum group-based of native advised on the legal framework are the to court decisions relevant recent title, and/ Applications Title of their Native progress meetings also These negotiations. or agreement the taking for of instructions a forum in provide title claim act specific future or native to relation as necessary and appropriate. developments, particular with any of consultation degree The reflects by the prioritiesBoard. set claim group prioritiesthe that will recognises Board KLC The shift in the next the reporting period following in matters of current completion anticipated possible further any appeals) for (save litigation years. done so in previous as they have (s.203D) Decision making and review policy and transparent make orderly to It is KLC the organisation’s with decisions in accordance . Matters Title in Native Guidelines for Assistance and improve review, to continues KLC The decision making policies to publicise the KLC’s appropriate with effective, are they that ensure processes. review internal and efficient Table 4 — Performance against output targets

A. Claims (FY09/10) Represented Funded but Assisted — Not Region briefed out Other Assisted Total NTDAs @1 July 2010 23 1 3 27 NTDAs @30 June2011 18 1 3 22

New NTDA filed in 2010–11: —new claims 5 1 1 7 —replacement claims

NTDAs amended in 2010–11

NTDA finalised in 2010–11: —Determinations: NT exists 3 —Determinations: NT does not exist —Dismissal —Strike out —Withdrawal 1 —Other (identify) Total NTDAs finalised in 2010–11

Total Determinations in region to 30/6/2011 (ie 2 (Tjurabalan; 12 14 all up) Martu/Ngurrara) — NT exists 12 2 14 —NT does not exist 0 Estimated number of groups yet to have NTDAs filed

B. PBCs Agent Trustee Total Number in Region 8 8 Number yet to be established (ie Determination, but no PBC as yet) Number assisted by Native Title Representative Body 7

C. Native Title Representative Body ILUA/Future Act Activity in 2010–11 Notifications Received: Number Agreements Finalised Number

ILUA Notifications received 1 ILUAs registered 0 S29 Notifications (not expedited procedure) 13 ILUAs executed but not registered 0 S29 Notifications (expedited procedure) 184 S 31 agreements executed 5 Other future act / native title agreements Objections to expedited procedure lodged 165 34 executed Other Future Act notifications (including right to Other (Non native title) Agreements executed 52 comment) (eg Heritage)

76 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting control of the future 77 and seek to obtain rights rights obtain to seek and beyond which they are legally entitled. The The entitled. legally are they which beyond the requires now Tribunal Title Native National parties meet with respondent to to Applicant issues during the consent mediate to attempt has This phase. negotiation determination added a further and administrative of cost layer which is disproportionate to on the KLC burden gained. advantage the perceived priorities and activities were KLC’s The policy with the increasing trend consistent in and social development economic towards Commonwealth The Indigenous communities. Indigenous to policy in relation framework Indigenouswhole-of-governmenta takes issues resolving to approach outcomes-focused and political and social, economic, entrenched Indigenous within many concerns cultural this Commonwealth Within communities. policy title is a necessary framework, native of effective the development for foundation and social systems. economic and durable this reporting period has seen a shift in policy and has Australia Western of the State from High Despite of uncertainty. a new era created Court creating jurisprudence Court and Federal of certainty native level how an increased to as to in relation operate title rights and interests Australia Western of the State land and water, of adopting a new policy is in the process uncertain was position at content The position. the end of this reporting period. efficient a more to major impediment The continued title is the of obtaining native system participation parties of respondent the beyond considers KLC The and Commonwealth. State partiesrespondent some times at abuse that to them under the afforded the powers 1993 , Act Title Native

the approach taken by the State State the by taken approach the ­ Govern Commonwealth Government, parties and other ment the settlement to and agreement title claims by of native resort litigation; the consequent to 1993; Act Title the Native to amendments and of the Aboriginal Councils repeal Associations and the passing of the Act Strait and Torres (Aboriginal Corporations 2006; Islander) Act Title of Native the management Court, the Federal by Applications the by including the timetables directed Court and consider and time taken to judgment; deliver (including the constraints resource suitably capacity attract and retain to qualified staff). • • • • • Legal environment towards been a trend have appears to There title of native than litigation rather mediation reportingclaims in the previous period however, Factors which influenced the KLC’s performance the KLC’s which influenced Factors the external generally and beyond were external factors Significant control. KLC’s ability to impacted that directlyKLC’s the on objectives its and prioritiesmaintain within include the following: timeframes desired actors, events or trends Factors, events or trends influencing performance The KLC was, generally, able to manage its able to generally, was, KLC The Operational with the workload in accordance and budget. both time to in relation Plan ns & cussions & Narrative dis f performance analysis o rmation trend info Consistent with KLC policy, this framework Regional planning provides the KLC with the opportunity to further develop the links between economic As in previous years, the trend towards and social development within Indigenous agreement on the prioritisation of native title communities and the recognition of Traditional claims continued in the reporting period. Ownership of country and of traditional laws Regional Planning meetings were held with the and customs and traditional representative National Native Title Tribunal and the State of and governance structures. Western Australia The meetings considered the status of each Kimberley claim, identified the The KLC has developed specialised functional claims which could realistically be advanced units (Agreements and Regional Solutions) in the 2010–2011 reporting period, and the to deliver agreement making functions, assistance to be provided by the National including future acts and Indigenous Land Use Native Title Tribunal. Agreements. This reflects the policy of the KLC to continue to deliver sustainable economic The National Native Title Tribunal submitted development underpinned by recognition of mediation reports for the Federal Court Di­ native title. rec­tions Hearings identifying the status of each of the applications and referring to ma­ The KLC continued its strong commitment to jor future act negotiations. The mediation working with all parties to achieve negotiated reports identified priorities and activities and agreed native title outcomes, to ensure agreed at regional planning meetings and est­ the expedited resolution of all claims, and to ablished­ in the Operational Plan. The re­ports negotiate sustainable economic development provided an update on progress and made outcomes. As such the strategies of the KLC recommendations in relation to future activities. reflected the Commonwealth’s commitment to a fair, stable, and effective native title system Regional planning meetings were held on through whole-of-government co-ordination. November 2, 2010 and February 22, 2011 in preparation of Regional Direction Hearings The KLC’s commitment to agreement making before the Federal Court on December 6, 2010 has provided a strong basis for the KLC’s effective and March 15, 2011 respectively. response to high-level and complex potential economic developments in the Kimberley. This The approach taken by is demonstrated in the reporting of projects other parties attached to significant developments such as It remained the policy of the KLC to seek that of the Regional Solutions Unit in regards to settlement of native title claims by agreement Traditional Owner Engagement; Participation where possible. Success in achieving this goal in Studies; Kimberley Futures; Employment is dependent on the willingness of the other and Training; Business Development; Regional parties to negotiate fair agreements. Planning and Tripartite Forum with State and Commonwealth agencies. The approach adopted by the Government of Western Australia during this reporting period has been changing and uncertain. 78 | Kimberley Land Council Annual Report 2010-2011 Part Two Achieving the Vision | Getting control of the future 79 economy is driven by the mining, resources, resources, mining, the by driven is economy pearling and pastoral, agriculture, tourism, communitytogether with the fishing industries, servicessectors. administration and public sought Plan Operational 2010–2011 KLC’s The demand and between establish a balance to human and the resources, However resources. limited. were KLC the to available financial, all claims and capacity progress to KLC’s The land access, including all issues, to respond to reduction in Any resources. by governed was performance. affects the KLC’s resources must office each area an service Effectively, The kilometres. of 200,000 square in excess Board its including whole, a as organisation, serviceexcess in an area staff, and management an example, As kilometres. of 412,000 square for and Kununurra Broome between travel This driving. days’ two meetings involves Board costs and has a marked to adds significantly resources. effect on human and third the State Ensuring constituents, that expectationsparties of the KLC’s realistic have capacityworkloadunderstand and pressure an ongoing issue. remains those progress to continues KLC the While and find a stream, in the litigation matters priorities, other competing between balance available resources the financial and human and to in mediation, other matters progress to during limited acts, remained future to respond in staffing levels KLC’s The the reporting period. to the reporting in comparison low period are extremely high has placed This demands. work staff. on the organisation’s workload pressure is the strong the KLC ongoing issue for An by demand on the labour market created

Resource constraints of approximately an area KimberleyThe covers four divided into kilometres, 412, 451 square towns major six with areas, government local of As communities. and some 200 Aboriginal title has been recognised June 30, 2011 native than 65% of the Kimberley more region. across parks includes national Kimberley land tenure further for plans with (6%, Aboriginal 4%), leasehold (52%, reserves (11%), pastoral and interests) Aboriginal with half held by KimberleyThe land (15%). Crown unallocated The policy governing negotiation of native policy of native negotiation The governing of the State is established in claims title Provision Guidelines for the Australia’s Western Supportof Information in for a of Applications with . Compliance Title Determination of Native commencing to precondition a is guidelines the During the negotiations. determination consent reporting the policy period it remained of the comprehensive require to Government State into entering connection prior to material title discussions with native settlement a greater has indicated State The claimants. Indigenous into Land enter to preparedness as part strategy overall of the Agreements Use However, title matters. native resolving for has been a lack of detail about what there Agreements effect these Use Land Indigenous title rights and interests. on native have would of connection of the provision requirement The factor affecting significant a remained material than a limited more ability progress to the KLC’s one time. any at title claims number of native uncertaintyan expressed has about State The at and going forward the connection process the end of the reporting it is unknown period, Government’s Australian Western the form what will take in the future. connection process

Part Two Achieving the Vision | Getting control of the future 81 The KLC does not have an explicit service an explicit does not have KLC The charter service or customer standards. is used. management of complaints A process or the CEO, to referred are complaints Written who assesses them. In where cases delegate, the CEO refers respond, to it is appropriate manage person to an appropriate them to allocates process, resolution complaint the and either directly a priority time, response required manages or case manages responses deal with the complaint. to were complaints title No reportablenative during the reporting period. received ignificant changes in the changes in the Significant principal KLC nature of functions/services changes in the nature no significant were There principal functions services. and of the KLC’s weighted heavily remained allocation Resource function.and assistance facilitation the towards Performance against service charter/standards, complaints data, and the KLC’s response to complaints

ederal Court approach Federal Court approach Title to Kimberley Native Applications manage case Court to continued Federal The six-monthly at Applications Title Native Directions Hearings during which the Court of all the progress and monitored reviewed If stream. the in the mediation applications KLC or is unlikely, Court mediation that considers the has been made, progress insufficient that a hearing. to be referred may matter a take Court to continued Federal The Title Native progressing to approach rigorous in the reportingApplications period. the ongoing growth and development of and development the ongoing growth industries in particular in the Kimberley region, with the mining and industries associated KLC The Australia. Western boom in resources in the current compete to is not in a position primarily labour market with other employers, salary offer because it cannot packages which in both with those offered commensurate are sectors experienced, to the public and private This lack staff. professional and less experienced high the by is exacerbated of competitiveness accommodation, including rental of living, cost in the Kimberley. accommodation office physical KLC’s The conducive are that standards below remains This productivity. and safety, efficiency, to affect the organisation’s negatively to continues outputs and performance.

Part Three Looking after country | Land & sea management 83

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ent Unit Managem a Land & Se Outline to Kimberley is committed The Land Council natural on Indigenous, focus a strong having KLC’s The management. resource and cultural Land and Sea Management Unit is committed making to effortsto understand considerable of the people it works of many the aspirations and with. for Land and Sea ManagementThe Unit was fulfil partestablished in 1998 to of the KLC’s to Unit strives The ‘look after country’. vision to Owners of the Traditional the outcomes achieve Kimberley see happen on country to want while working sustainability build the long-term to and outcomes continued ensure of projects to success. Land and Sea ManagementThe Unit builds connection countryon Aboriginal to and knowledge and ecological traditional and Practical responsibilities. management involvement Aboriginal to applied approaches used in contemporary are land management environmental, addressing as the basis for sustainabilitysocial and the in issues economic Kimberley. knowledge is used hand-in-hand Traditional as an equal contributor science with western partnershipsThese in project management. knowledge traditional and western involving and a significant the basis for academia form work. portiongrowing of the Unit’s

land & sea management land core After Country’‘Looking is part of the KLC’s vision. Land functionThis is undertaken the KLC’s by Land and The and Sea Management Unit. Traditional Sea with Management Unit works outcomes environmental Owners achieve to It see happen on-ground. strives to they want sustainability on the long-term build to of work lasting and future a strong create to programs legacy the next generation. for all aspects of and cover far reaching are Projects protecting from management environmental and wildlife to and enhancing waterways monitoring. biodiversity projectsthe Kimberley include These Ranger and a Areas Indigenous Protected Program, tourism, fire in specific initiatives variety of area waterways carbon abatement, management, and biodiversity wildlife management, management community-based monitoring, heritage and cultural planning and ecological research. Land and Sea ManagementThe Unit of traditional emphasises the combining knowledge cultural and with modern science methods best-practice achieve to technology It also focuses outcomes. and environmental and training direct employment on delivering Owners in the Traditional opportunities for allowing while lands own their of management areas. on country live in remote people to Overview country after Looking Traditional Owners are at the forefront of all of consultation through the University of projects and provide instructions to the KLC Notre Dame and outlined the way Kimberley on the direction in which to progress projects Traditional Owners wanted their country looked forward. Regular reports on Land and Sea after. The funding provides for both support Management Unit matters are given to KLC towards promotion of the Kimberley plan and Board members so they can be across all some on-ground operational opportunities for aspects of the organisation. Rangers in the Fitzroy region.

With the continued growth of the Land and Sea The Land and Sea Management Unit has Management Unit, it is continually challenged continued to generate ‘Fee for Service’ work with how to best provide support services to from agencies recognising the benefits of its staff, satisfy funding body requirements getting people on country to deliver services and use available funds for administration in which are often too expensive to undertake in the most effective manner. The core facilities remote areas. As the capacity of ranger skills provided for projects include office space, and services develops and expands, ‘Fee for ranger compounds, accommodation and Service’ work is becoming a viable option for equipment and vehicles — all of which are agencies looking to invest and gain a valuable required to achieve long-term sustainability. service with the additional benefits of providing Without on country facilities the effectiveness economic return to the community. of projects become impacted. Attracting skilled Many ranger groups are contracted staff to remote positions is very difficult. The on by Universities and other government country facilities enable the KLC to employ local organisations to assist in conducting research Indigenous staff to carry out administrative and and delivering on-ground environmental support roles for ranger groups, Indigenous outcomes. Ranger groups are also participating Protected Areas and other project work, in cultural tourism workshops to build their thereby contributing to the economy and social capacity and skill set in the tourism market so identity of the local community. The Land and they could potentially establish Indigenous Sea Management Unit projects are, in turn, able tourism enterprises. The various projects to provide working spaces to visiting project undertaken by Kimberley ranger groups and funding partners and also other KLC staff and the focus on the continued personal when undertaking business on country. and professional development of Rangers is The KLC, through the Land and Sea Management testament to the reputation the KLC’s Land and Unit, sought funding under the Australian Sea Management Unit has developed in being Government’s ‘ Caring for our Country’ program able to deliver real outcomes. to support the implementation of the Kimberley The Land and Sea Management Unit continues Caring for Country plan. This plan, completed in to grow, with staff now based in many locations November and due to be launched in the next throughout the Kimberley. Later in this report reporting period, had an enormous amount there is an overview of each of the projects.

84 | Kimberley Land Council Annual Report 2010-2011 Part Three Looking after country | Land & sea management 85 and Sea Management Alliance (NAILSMA). and Sea Management Alliance the Kimberley is no Although, Land Council of the Northernlonger a member Australian Indigenous Land and SeaManagement work to the Unit continues (NAILSMA), Alliance in partnership on various with the Alliance projects. on the North is workingNAILSMA with the KLC which is Project Abatement Kimberley Fire Owners involvement for up Traditional gearing as the Indigenous as well in the carbon economy Network and the Saltwater Facilitators Water Network. Peoples’ partnerfunding key on-countryour The for through Government is the Australian work Environment, its Department of Sustainability, Communities and Population Water, an ongoing agreement have We (DSEWPAC). Working for funding provide to with DSEWPAC on Country and support ranger as positions, Areas Indigenous Protected declared as for well a Jilijaa Jumu and for Warlu and Paruku at (IPAs) Land and Sea The consultations. number of IPA with work to Management Unit will continue and strengthen to Government the Australian further these opportunities. develop the working to relating One of the major points with DEWHA has been the Head relationship undertaken the department with Agreement of reporting on the levels places reduce to programs. large of funding for recipients the Land Under the new head agreement to Seaand required be Managementwill Unit reporting reduce streamlined to more provide and importantof these large administration grants.

Partnerships of the Land the forefront at remain Partnerships development, Seaand ManagementUnit’s with sister Partnerships and success. expansion – the Kimberley Law organisations Aboriginal and the Kimberley (KALACC) Centre and Culture (KLRC) vital — are Centre Language Resource form and culture language law, that ensure to partan integral of our planning and work. an advisory provide to KLRC continues The Seaand Land the Managementso Unit to role projects can be undertakenthat with language in language inherent culture specialists and that a big partcan play in on-country activities. and KLRC KALACC KLC, organisations three The the of on the steering especially hard worked ‘Kimberley for Country’ Caring is which Plan partnership the strong to they hold. testament the aspirations plan will hopefully deliver This years. in the coming organisations of all three projects on large work to Unit continues The with the Northern Indigenous Land Australian It is vitally important the Land all work that and Sea ManagementUnit takes on can be viabilitysupported its long-term and ensure to that aware is continually Unit The sustainability. Ranger where of groups a number are there and will help develop desired, are Programs the Unit, when it is viable for those programs not built up beyond are aspirations so that capacity deliver. to Land and Sea ManagementThe Unit is and the of the KLC governance to committed native the from instructionsreceives it which and established Prescribed title working groups of the Kimberley Region. Bodies Corporate Staffing Outlook for the future

The Land and Sea Management Unit currently The Land & Sea Managment Unit has been has 34 staff positions funded throughout the growing strongly for the past few years and Kimberley, each bringing specific skills to their some long-term partnerships have been area of work. Staff members fulfil an important secured to allow for better planning of the role in delivering specific projects and actions, Unit’s future. as set out in work plans generated by Traditional How the Unit develops into the future requires Owners. Many of these individual projects are careful consideration and integration into the part of contracted funding agreements with corporate structure of the KLC and its overall various partners. governance model. The large growth of the The Unit continues to facilitate eight Working Unit means line structures are becoming On Country ranger groups totalling 49 Rangers critically important to ensure the workload is on traineeships as well as six admin trainee spread sufficiently. positions. The Land and Sea Management Unit is committed to developing projects with the The KLC holds an annual ranger graduation hope that in the future they will be handed back ceremony to recognise the achievements of to the Prescribed Body Corporates of native Rangers completing TAFE qualifications in title claim groups, so that Traditional Owners Certificates 2 and Certificates 3 in Conservation will be in control of their own futures. The and Land Management. Some of the Rangers KLC will continue to work with the Prescribed have started to study Certificate 4. Body Corporates to ensure they have the skills and support to take on the running and administration of these projects. While we recognise there may be a long way to go for some Prescribed Body Corporates, others are getting close to this point and should be encouraged to take this next step when ready and able.

86 | Kimberley Land Council Annual Report 2010-2011 Part Three Looking after country | Land & sea management 87 the north the north | imberley fire abatement Kimberley fire abatement project country. All ranger groups, participating in groups, ranger All country. 2011, received the Kimberley Ranger Forum their land and sea improve to training I-Tracker project additional puts The skills.management on networking in focus and communications network and resilient a strong create to order of Indigenous Land and Sea Managers across northern Australia. on Network also focuses People’s Saltwater The Dugong of the award-winning the strengths which has secured Project, Turtle and Marine further the Commonwealth funding from Ranger Jawi Group Bardi The Government. undertaken work previous build on to continues which Project Turtle in the Dugong Marine and Nyul the Uunguu, include Nyul to has expanded this for Funding and Karajarri groups. ranger a further for years two has been granted work on and will focus in conjunction with NAILSMA to technology I-tracker / Cyber the of use the support participating groups. ranger units further I-Tracker out of more roll The ranger include more to the Kimberley, across on key projects should see information groups area. monitoring larger much a collectedacross the use of collected through information The support will technology groups ranger I-Tracker capacity in greater them with a and provide countrymanage and monitor through to which making decisions backed up by informed reporting science methods and data. western Fire for carbon is Project Abatement North The Kimberley Fire Owners Traditional for about looking ways at while in the carbon economy be involved to

Saltwater People’s Network Network is comprised People’s Saltwater The claim title country saltwater the all of native Bardi to in the east, Balanggarra from groups and Karajarri in the west Jawi in the south. this network has been extended for for Funding in conjunction with NAILSMA years another two our Country (Commonwealth for and Caring the end of 2012. until Government) to Network works People’s Saltwater The the capacity of Rangersincrease collect to the use of the through and manage data portable a high-tech that device I-Tracker, Rangers use locations. can be used in remote help them make to gathered the information look after to decisions about how informed tock Stock Kuju Wanka Canning Route project three- of the successful, the completion With ARC University cultural National Australian year Stock heritage mapping project of the Canning report in 2010, a final Route was presented Owner groups. Traditional participatingback to Owners Traditional and Ngurrara Tjurabalan Wanka with the Kuju be involved to continue to ways projectlooks at This project. Voice) (One tourism to approach coordinated a implement and Route Stock on the Canning management Owners to Traditional the Martu also involves management tourism the south. A coordinated to experience the visitor will improve approach countrythe protecting while icon tourist the the importantand promoting Indigenous of the area. and stories traditions cultural a projects Land & se looking after country. Our project partner Indigenous community NAILSMA is also undertaking similar projects water facilitator project in the Northern Territory and Queensland. The Indigenous Community Water Facilitator The project has been working with Traditional Project has worked with Traditional Owners Owners and Rangers managing fire across in both the west and east Kimberley helping their country using modern techniques and Indigenous people engage in the management traditional knowledge. Ten Rangers are now and planning of water resources. The project trained in using incendiaries from helicopter was funded for three years and concluded and doing their own fire operation. Burning on June 30, 2011. The project was divided early helps keep country healthy and stops late into three main research areas including dry season fires which can get out-of control water planning and management, drinking and are highly destructive, burning large tracts water quality to remote communities and the of country. Ranger groups have been working impacts of climate change on the sustainable with Traditional Owners to conduct research livelihoods of Kimberley Aboriginal people. into the science behind conducting cool burns so we can participate in the carbon economy Water planning and through trading carbon offsets. management In a few years time, the project aims to be During the reporting period, the water able to make money through carbon offsets facilitator project focused on water planning by reducing the amount of greenhouse gases activities in The Ord/Keep River region of the going into the atmosphere by conducting east Kimberley, the Fitzroy Valley and the La cool burns. This will help provide funding for Grange region. The water team held a number fire management into the future while also of community water meetings, regional forums creating sustainable communities through the and back-to-country trips. creation of business opportunities and jobs for Traditional Owners living in remote areas. These included:

Currently the project involves four claim • East Kimberley Water Forum; groups – Uunguu, Dambimangari, Wilinggin • Fitzroy Valley water planning workshop; and Balanggarra. By 2012, landowners in the • Karajarri water planning back-to-country high rainfall, tall-grass country in the north trip at Frazier Downs; Kimberley can take up these savannah burning • Keep River cultural values of water back- projects. Central Kimberley and southern to-country trip; and Kimberley areas should be able to join in the • Ngurrara women’s traditional medicine future once the science work is done for these and Jila back-to-country trip. areas. These activities have resulted in a series of reports and films that have been published in a three-DVD set and presented to State and Commonwealth governments to help

88 | Kimberley Land Council Annual Report 2010-2011 Part Three Looking after country | Land & sea management 89 help to manage their water supply. The final The supply. water manage their help to tabled being reports currently of this project are comment. the regulatory authoritiesto for Climate change adaptation Climate change project been working has closely with water The lookingon agencies of number climate a how at communities in Aboriginal change will affect a project has developed The the Kimberley. knowledge using traditional looks at that tool and the environment weather about climate, observed and evaluate changes monitor to website, is an interactive tool The country. to collected about data monitor which is used to so as to change impactsclimate on country, of climate and examples statistics provide manage and minimise to as ways change as well Owners.projectpilot A Traditional impactson Traditional conducted with the Miriwoongwas the Owners in the east Kimberley and involved Seasonal Calendar production interactive of an calendar The the web. through accessed of Meteorology the Bureau launched at was KLC The in year. head office Melbourne this project its unique on this and presented Change at the Climate findings International of the success Due to Conference. Adaptation stage is going to this pilot project, the second and Rangers IPA be trialled with the Ngurrara of country the ongoing monitoring and involve which change data and collection of climate own on the group’s and recorded will be stored Shell seasonal calendar website. interactive this of second-stage the funded has Australia project.

The Kimberley Drinking Water Project was a was Project Water KimberleyThe Drinking the quality project which looked at 12-month of drinking communities in small Aboriginal water assistance government any do not receive that supply. after look and manage their water to with 10 Aboriginal project worked This the Kimberley across from communities including Goose Hill in the east Kimberley to Downs and Frazier Valley Mimbi in the Fitzroy projecttested The south of Broome. the to quality each of the communities at the water plans management water producing before build the capacity helped to of communitythat with and problems identify members to supply. manage the quality of their water also identified Management Community Plans supplies and water risks to the potential ensure to monitoring ongoing suggested quality. water improved it became evident obtained, the results From in the communities Aboriginal many that quality and need bad water Kimberley have imberley drinking water Kimberley drinking water project strengthen Kimberley Aboriginal people’s Kimberley people’s strengthen Aboriginal water. rights to a project compiled In addition, the water Department of WA the submission to written Water the Draft to Kimberley in response Water water direction which sets out the for Plan in the Kimberleyplanning and management included response The the next 20 years. for Traditional from clear instructions received they on how workshops water Owners recent at of water in the future be involved like to would and planning in the Kimberley. management Kimberley coastal The Kimberley coastal tourism project will tourism project come to a close at the start of the next reporting period. The Kimberley coastal tourism project looks at ways Traditional Owners can engage with tourism operators on their traditional country Iconic marine species surveys to manage tourism pressures while also The iconic marine species project focuses boosting the skills of Traditional Owners to on the engagement of Indigenous Rangers participate in the tourism industry. to conduct marine surveys along the north Kimberley coast. The project is a collaborative The project is formed on a strategic partnership effort between the KLC and WWF Australia. In between the KLC, WWF, The Travel Corporation the past 12 months, Bardi Jawi, Dambimangari, Conservation Foundation and the Federal Uunguu and Balanggarra ranger groups have Government’s Caring For Country program. participated in marine survey trips across the Buccaneer Archipelago, Dugong Bay, Admiralty During the reporting period the project has: Gulf and Napier Broome Bay to address • built up the skills of the Dambimangari knowledge gaps around marine species in and Wilinggin Traditional Owners to the Kimberley region. The project has focused manage tourism hot spots on their on collecting information about the endemic country through undertaking back-to- Snubfin Dolphin and improving the skill-level country trips; of Rangers in marine survey techniques. • assisted the Bardi Jawi, Wilinggin, Karajarri and Dambimangari Traditional Owners Karajarri land & sea to develop their own cultural awareness project products and acquire accredited training for delivery to visitors; A Land and Sea Coordinator has been working • increased the knowledge of with the Karajarri Traditional Lands Association Dambimangari and Wilinggin Traditional (KTLA) and the Karajarri Rangers to enhance Owners on Indigenous tourism business relationships between Karajarri, KLC and opportunities and practices. This various stakeholders and progress aspirations. included participation in an Indigenous This project was able to add value to the tourism knowledge exchange field trip; Karajarri Working On Country Ranger Program and has been funded by the Office of Native • worked with the tourism industry and Title until September 2011. The funding has Traditional Owners to develop tourism also been able to assist the Karajarri Traditional business opportunities on country; Lands Association (KTLA) with administration, • developed culturally appropriate industry capacity and partnership building with guidelines for tourism operations on neighbours . the Kimberley coast including the establishment of a steering committee and industry workshop.

90 | Kimberley Land Council Annual Report 2010-2011 Part Three Looking after country | Land & sea management 91 OC program overview WOC program Country on Working KimberleyThe Ranger its fourth completed successfully has program carve to has continued and of operation year valuable and increasingly out an expanding Owners and in the natural Traditional for role industry. management resource cultural to has grown In the reporting the KLC period, Rangersinclude 63 full-time Aboriginal and staff members and engaged the associated servicesRangerscasual and elders 180 of to conductpart-timein assist and work. ranger the highlight, levels the employment As has been extremely Kimberley Ranger Program one of the become to and has grown successful people in the of Aboriginal biggest employers Kimberley. and ranger of employment level increased The of supportprojects a high-level demands to project is the This success. ongoing its ensure between approach of a collaborative work (ILC), Indigenous Land Corporation the KLC, (KGT) and the Training Kimberley Group Employment, Department of Sustainability, . (SEWPAC) and Communities Pollution Water, by has also been provided assistance Further and Department of Environment Tafe, Kimberley Conservation, Rangelands NRM, Department and Emergency Fire WWF Australia, Water, of and the NAILSMA Kimberley, Services, Environs Inspection Quarantine Australian Service.

The Kimberley Ranger Program has been a huge KimberleyThe Ranger Program conservation in delivering and land success the Kimberley. across outcomes management on work to continued have groups ranger strategies, land management developing knowledge, and sharing of cultural recording programs, youth sites, cultural protecting and media products. materials educational Working undertaken the existing by Training groups and developing On Country groups of the Kimberleyhas been one of the strengths efforts regular and The Ranger Program. of Rangers on certifiedattendance courses has achieve seen a number of Rangers to continue Conservationcertificates in and numerous certificatecourse is a This Management. Land activities program work with their integrated of the way the success highlights and one that commitment A working. is Rangerthe Program by is required studies and employment to see the those participating to and it is great to get from been able benefits Rangers have commitment. that er Ranger Kimberley Program

Part Three Looking after country | Land & sea management 93 of monsoon vine thickets. Fuel reduction Fuel thickets. of monsoon vine burning undertaken was on country protect to threatened and sites cultural infrastructure, Rangers Jawi Bardi The communities. ecological aerial burning looking into are incorporate to in the next reportingthe program period. within weeds been controlling Rangers have and also in the vine thickets the communities With important home to which are bush fruits. we years, few the nextongoing effortsover these sites. from weeds eradicate hope to to and Dugong continues monitoring Turtle Jawi projectsthe key one of of the Bardi be back and Olive Flat Hawksbill, Rangers. Green, Ridley turtle undertaken was nest monitoring the turtlethroughout season. nesting Monitoring is undertaken weekly eight by 40km of approximately Rangers and covers on manual recorded findings are All coastline. the I-Tracker. sheets and data turtleRangers a derelict Hawksbill released year, this school students with One Arm Point using the opportunity the students educate to knowledgeon traditional of this species. Rangers also undertook Dugong satellite with the Department in collaboration tagging and Conservation and Edith of Environment collected information The University. Cowan support this project helps to from our traditional to us knowledgeallows also and animals the of Rangers The facilitated new information. gather and Nyul Jawi Nyul with Bardi to workshops about communities to back information feed tagging the findings of the Dugong satellite project. a formed also RangersJawi have Bardi The Women partnershipstrong with the Djarindjin

Rangers Bardi Jawi an achieved Rangers Jawi have Bardi The in the work of on-ground amount impressive Rangers under The work reporting period. which is plan the direction of an annual work with the Prescribed consultations from derived Ownersand Traditional Body Corporate, activities All undertaken advisors. technical work annual in this the Rangersout set by are the and funded by approved plan and are Department Government for Commonwealth Populations Water, Environment, Sustainability, (SEWPaC). and Communities with engaging on focused Rangers The have can so they communities, nearby of the youth but also generations the younger educate models. role leadership as positive provide presentations several RangersThe delivered sustainability and environmental on cultural and Djarindjin / Lombadina Arm One Point, to culture Roebuck Primary facilitated schools, record to with students worked and have days making knowledge traditional through and editing a short film. in also assisted Rangers Jawi have Bardi The on their country consultations IPA organising record with elders to worked and have knowledgesupport to ecological traditional the project. meetings and workshops conferences, to Travel group of the ranger be a focus to continues professional and personal enhance to development. On-country has been a key management fire with which worked group project of the ranger various partners the annual fire develop to protection on biodiversity plan with a focus Rangers and collaboratively worked with the Emergency Management; Marine Search and group on seed collection, plant propagation Rescue; Structural fire fighting; Mental Health and Monsoon Vine Thicket revegetation First Aid; Advanced seagrass monitoring projects. training; Numeracy and literacy; Camera trapping; Coxswains marine operations; and Visitor management continues to be an ongoing Conservation and Land Management. activity for the ranger group and Rangers have worked to repair fencing at Jologo Beach to The Bardi Jawi Rangers have recently been manage access to law grounds. The group has gifted two vessels from State Government also participated in formal discussions with departments including an inflatable boat from the One Arm Point community to consider WA Water Police and a Savage centre console devising management strategies for access to from the Department of Environment and this area. The Rangers also facilitated a signage Conservation. workshop with Djarindjin, Lombadina and One Arm Point communities to develop material for The Rangers also have an eight-metre patrol interpretive and access signage on Bardi Jawi vessel currently under construction which is country. Rangers undertake beach cleanups due to arrive early in the next reporting period. weekly whilst on patrols out in the field. Rangers This vessel has been funded by Lottery West, fabricated bins and engaged with years 3–5 FESA and DIA. students at One Arm School to complete sea These vessels will be used for patrolling and life mural paintings as decorations as part of liaising with visitors to Bardi Jawi sea country the “Keeping Country Clean Project”. and also undertaking marine research and Rangers and Traditional Owners delivered two surveying projects. The large vessel is also cultural awareness workshops to government surveyed to take paying passengers and has agencies, commercial tour operators and the potential to be used for tourism purposes local industry who are operating on Bardi and undertake marine rescue duties. Jawi country. These workshops give visitors a better understanding of how country is Ngurrara Rangers important to Traditional Owners, gives them The Ngurrara Rangers are based in Djugeridi a better appreciation for cultural sensitivities and are charged with the mission of looking and promotes Traditional Owner rights on after their country across the Great Sandy country. Rangers undertake cultural awareness Desert. The Ranger group has nine members and ranger promotional talks at Kooljaman and a part-time administrative assistant. Resort during the busy tourist season. The presentation has recently been nominated for In the reporting period, the Ngurrara Rangers the WA Coastal Achievement Awards. have increased their skill capacity and have delivered many on-country outcomes as Training has continued to be a priority for outlined in their plan of management. Ranger the Bardi Jawi Rangers with team members activities have included looking after and participating in various programs including: protecting country through managing invasive

94 | Kimberley Land Council Annual Report 2010-2011 Part Three Looking after country | Land & sea management 95 Ranger Program developed fire operation plans operation fire Ranger Program developed all Indigenous-owned and stations for pastoral country. Wilinggin title lands on native exclusive undertaken were and aerial operations Ground in all of these areas. been working Rangers have Wunggurr The closely with Kupungarricommunity and a secure to Corporation Aboriginal Wilinggin be to hopes group The on-country. base ranger Kupungarri out of communityfully operational the startby of the dry season in 2012. Relocating Kupungarri has Derby to base from the ranger by the been identified Rangers as a key action, Kimberley jobs for Aboriginal as it will provide the wellbeing improve areas, people in remote to access greater of a community and provide on-ground country Rangers and improved for outcomes. Ranger Program Wunggurr of the strength The engagement has been their continued Wilinggin with and ongoing consultation Owners. In the reporting period, Traditional people engaged in than 50 more a As the Ranger through Program. paid work has strong the Ranger consequence Program in support and clan groups communities from country. Wilinggin with worked Rangers have Wunggurr The an IPA Owners apply for to Traditional has been successful This project. Consultation and the Rangerswith the new together have project officer Area Indigenous Protected consultation for starteda program out form to Wilinggin on establishing an IPA around country.

country as participating well as weed species, monitoring and recording plants plants and recording monitoring species, weed and cultural tourists managing and animals, undertaking sites, trips knowledge exchange of culture stories ensure to with the old people on to passed and recorded are and tradition generations. younger burns on country Conducting to controlled country and keep outbreaks minimise wildfire group. of the ranger has also been a focus healthy in conducting involved has been group The burns across the ensure to outcomes in ongoing training a wide-rangerRangers have skill base. Wunggurr Rangers Rangers plan consists work Wunggurr The turtle projects such as freshwater of diverse art rock planning benchmarking,monitoring, fire development junior ranger and operations, among other things. pig monitoring and feral Rangerstime of amounts The spend extensive their country across which includes the travelling Rangers to Gibb River Road. continue renowned and their work for enthusiasm increased show on an outstanding outcomes deliver to continue of projects. array fast is Rangers program fire Wunggurr The one of the best in northernbecoming Australia. Traditional runs extensive RangerThe Program Owner engagement in both the planning and This aspects management. operations of fire the Rangers their first independent year ran contracting included which aerialoperation the incendiary operating aircraft, machine and The Owners as navigators. Traditional engaging

Part Three Looking after country | Land & sea management 97 Uunguu which is focused on Indigenous participationwhich is focused has been group The in the carbon economy. vegetation measuring fuel loads and changes to fire. caused by Traditional Uunguu In a major achievement, some parts across Owners an IPA declared RangersThe of their country 2011. in May and will celebrations and hosted organised of the in the management involved be heavily the in outlined as Area, IndigenousProtected Country Gaambera Plan. Healthy Uunguu RangersThe participated also in the of the and publication compilation Book, and Animals workingPlants through ecological traditional record with elders to knowledge and flora. of fauna Uunguu year, the In for one of the highlights Trainee WA awarded was Waina Neil head ranger and work of his hard in recognition Year, of the his studies but also completing to dedication in outcomes on-ground his ability achieve to of country. the management

Uunguu Rangers Rangers some Uunguu The completed reportingprojectsthe major in period and participated on-country in many field trips. country Uunguu across management Tourism be a priority to continues of the Rangers with on planning and educating Rangers focusing impacts minimised any are ensure to tourists also They have sites. cultural on significant feral prevent to management conducted site sites. cultural destroying animals from look Uunguu Rangers, in their mission to The conducted marine surveys have after country, surveys coastal and species, of threatened and Quarantine conductedAustralian have of surveysInspection rid the area to (AQIS) on illegal foreign arrive pests and diseases that aerial and planning and Fire vessels. fishing the Rangers done by burningon-ground was and strong. country healthy ensure remains to Uunguu Ranger is also participatingThe Group Project Abatement North the in Kimberley Fire

Part Three Looking after country | Land & sea management 99 Karajarri Rangers KarajarriThe Rangers, based in the Bidyadanga on deliver to continued have community, reporting in the latest plan work their coastal KarajarriThe Rangers committed are period. the impacts managing along to of tourism partthis valuable of the Kimberley and coast visitors a lot of time engaging spent have surveys products, and tourist and developing signage. with relationship group’s the result, a As has improved operators and tourist tourists awareness to increased and led significantly Indigenous about visitors amongst cultural heritage values. Karajarri extensively The worked Rangershave community and school with the Bidyadanga impactsthe about them educate to children and the importanceof littering of cleaning-up rubbish, especially after fishing. work Karajarri to The continued Rangershave and Body Corporate with their Prescribed well access completed have with the support of KLC, KarajarriThe planning. and water management Rangers, while conducting surveys biodiversity the importancehighlighted of working-on country and photographed when they caught including an than 30 species of reptiles more undescribed species of skink.

Paruku Rangers been in operation Rangers have Paruku The and during time that years than four more for of quality a range actions implemented to have look after in country base their ranger around Mulan. been dealing with has long group ranger The country and horses destroying the issue of feral GregoryLake renowned the to erosion causing been this year RangersThe have (Paruku). of on the future a political debate up in caught the horses and conflictingon the best opinions manage their numbers and minimise to ways on having are animals impactsthe feral the country. Rangers had been working Paruku with The a plan of implement multiple agencies to horse issue deal with the feral to management of the animals. which included culling many not or whether on opinion public However, and the the horses should be culled is divided of this issue in the political ongoing presence undermined and media has severely arena the conservation done by of the work value in conjunction with an inability This, Rangers. remote this in Rangera employ Coordinator to desert an unfortunate community has led to and hopefully temporary in the Paruku break the KLC In meantime, the Ranger Program. support to will continue Rangers the through full- recommence and hopes to IPA Paruku Rangersof 2012–2013 the in employment time year. financial Nyikina Mangala Rangers Nyul Nyul Rangers The work of Nyikina Mangala Rangers is The Nyul Nyul Rangers in this reporting period focused on protecting the Fitzroy River and its became a full-time ranger group under the sustainability as the lifeblood of their traditional Working for Country Program. The six-member country. team took on a significant leadership role after they were left without a ranger coordinator for The Rangers have achieved some important nine months. As a result, they absorbed the planning outcomes in the reporting period responsibilities associated with being a full-time as a result of working closely with a newly- group and proved to be a strong, independent elected Cultural Advisory Committee and the and highly capable unit. They delivered on recruitment of a new Ranger Coordinator. three, fee-for-service contracts with the Australian Quarantine Inspection Service, The Nyikina Mangala Rangers have worked to Rangelands NRM and Environs Kimberley improve their skill set and diversify their roles while completing tasks set out in a demanding in the reporting period to include fire and weed work plan. The Rangers also hosted the 2011 management, plant identification, rubbish Kimberley Ranger Forum which was held at removal and river water quality monitoring. Middle Lagoon. The Nyul Nyul ranger team The Rangers also continue to achieve great recently recruited a new ranger coordinator to success in conducting research on and work with them to achieve on-country targets monitoring the freshwater Sawfish and as a and TAFE qualifications in Conservation and result have become experts in this field. Land Management.

Working with elders has strengthened the ranger group’s work outcomes while enhancing their cultural knowledge of country. The Nyikina Mangala Ranger Group has spent an extensive amount of time out on-country completing projects and as a result of their hard work, senior Rangers Travis Fezeldine and Kimberley Watson took out the veterans and biodiversity awards at the 2011 Kimberley ranger forum. Part Three Looking after country | Land & sea management 101 working with the Gooniyandi Rangers get to out on-country start and projects completing happen on- Owners see to want Traditional ground. Countrygrant for Caring awarded A recently the Gooniyandiwill enable both and Jilajan title rights and their native Rangers exercise to Both Ranger Development build their capacity. communityOfficersare extending action the next into reporting enable periodgrants to on-countrymore work. Rangers the Developing A new addition to position called created recently is a Program This Coordinator. Ranger Project Women’s the recruit new position has just been filled and the will start in the next reporting assist period to projects ranger of women’s in the development Land in the Kimberleyvoid in the KLC’s and fill a and Sea Management Unit. already that emerging groups many are There support in developing require and assistance are claims title native more As programs. their Kimberley the Rangerfor challenge the lodged, the support area what determine is to Program supportthe focus to with how and cover can available. resources

The Developing Rangers Program coordinates coordinates Rangers Developing Program The support emerging and capacity building for Working not part are that of the groups ranger On Country – funded Ranger Program. is a partnership program the between The and Indigenous Land Corporation. KLC with variation contract last year’s Following the (ILC), the Indigenous Corporation Land has been busy Rangers Developing Program Kununurra, positions in staff into recruiting Broome. & Crossing Fitzroy Ranger Officer in The (RDO) Development started working Kununurra year new the in Rangerswith the Balanggarra assist the to control weed and its fire in continuing group Ranger OfficerThe Development programs. with the Rangers worked also commenced support to Corporation the Balanggarra tourist an iconic Park, Warriu regenerate is that township Wyndham landmark in the Ranger The statues. Dreamtime the to home Officer Development will be supportextending the Kijato Rangers in the next reporting period. A new Ranger Officer Development based in started Crossing and has been in May Fitzroy angers Rangers Developing ILC) program (

Part Three Looking after country | Land & sea management 103 several years to undertake to for years consultations several of an Indigenousthe establishment Protected aspirations. management subsequent and Area Countryused is Plan Healthy Uunguu The Australia across example as a best-practice Management. of Plan IPA an preparing for OwnersIPA an declared Traditional Uunguu kilometres this in May 3400 square across Court Garmbemerri, at year Federal the while title across native simultaneously declared date this historic From lands. their traditional Gaambera Aboriginal Wunambal the onwards, managing for responsible will be Corporation world to Area the IndigenousProtected a healthy ensure conservation to standards country people. healthy and Paruku IPA people recruit to struggled IPA Paruku The during 2010-2011 the IPA the within work to to work to continue year and will financial the ensure to get the project back on track IPA. longevitythis successful of Management Plan, IPA Paruku 10-year The of the profile 2010, raised launched in late Owner regarding aspirations Traditional around horse problem the ongoing feral DepartmentThe of Lake Gregory (Paruku). February funds in committed Indigenous Affairs Traditional Tjurabalan with the work 2011 to to manage way Owners find an appropriate to impacts and its associated on the problem country. is a water the IPA on within Continuing of the University projectmonitoring through and also the long-standing Australia Western mapping art cultural project.

Uunguu IPA been workingOwners have Traditional Uunguu for HeritageBush and Australia KLC the with Indigenous Protected Areas (IPA’s) are one of are (IPA’s) Areas Indigenous Protected land management models for the preferred Kimberleyby people with three Aboriginal processes consultation and five established IPA’s IndigenousThe ongoing in the Kimberley. the by is funded program Areas Protected Environment, Department of Sustainability, (SEWPaC). and Communities Population Water, Sea the Land & In the priorities for developing of 2007, beginning the Management Unit at identified was framework of the IPA expansion as a high priority. processes consultation five Kimberley IPA With Karajarri from underway in the south stretching and Wilinggin Dambimangari, Jawi, Bardi to, in the north,Balanggarra the Land and Sea supporting to Management Unit is committed plans of Indigenous develop owners land country and for and declare management on their lands as part of Australia’s manage IPA’s ReserveNational System. Land and Sea ManagementThe Unit has to been utilising additional funds secured the from support process the consultation Nature The and Group PEW Environmental Conservancy (TNC). the year, Throughout participated Owners in have Traditional the Kimberley throughout meetings planning country healthy and for their ideas capture to how shows that a planning document develop look after Owners their to want Traditional country. ted otected Indigenous Pr Areas Warlu Jilajaa Jumu IPA National heritage The Warlu Jilajaa Jumu (WJJJ) IPA has been assessment disrupted due to a turnover of coordinator staff. However, collaborative work has been In 2008, the Western Australian and undertaken within the IPA, assisted by the Commonwealth Governments agreed to Ngurrara Rangers, the Yiriman Project and undertake a National Heritage Assessment Indigenous Water Facilitators Network. of the west Kimberley as part of the Strategic Assessment for the proposed Browse LNG The IPA work plan is closely aligned with Precinct. the Working on Country Rangers who undertake work within the IPA. This makes the Subsequently, the Federal Environment relationship much more clear and objectives of Minister, Peter Garrett, requested that the both Working on Country and IPAs have been Australian Heritage Council assess 22.5 million achieved efficiently. hectares of land and sea country in the west Kimberley to determine whether any heritage values in the area should be included on the National Heritage List.

The KLC worked with the Commonwealth Government through the Department of Sustainability, Environment, Water, Population and Communities (SEWPAC) to ensure: • there was a culturally appropriate consultation process with Traditional Owners about the National Heritage Assessment; • that any listing of cultural values only happens with the consent of Traditional Owners; and • the cultural values were properly understood and assessed by the Minister.

A comprehensive consultation process was undertaken from April 2009 to July 2010. During this time Traditional Owners identified a number of values which included stories that connect people, country and culture across the Kimberley. Throughout the consultation process Traditional Owners referred to the Kimberley as—

104 | Kimberley Land Council Annual Report 2010-2011 Part Three Looking after country | Land & sea management 105 Wanjina Wunggurr cultural landscape landscape cultural Wunggurr Wanjina art; rock and Gwion Gwion cultural River Catchment the Fitzroy the described through landscape, of the Rainbow Snake; narratives / Kalum);the double logged raft (Galwal The pearl — riches stories of the sea. description also includes of this value trade and cultural Wunan of the concept Owners Traditional which and exchange, value; a separate listing as authorised for Traditional which Bungarun Leprosarium, Owners as part listing authorised for of survival and the theme of resistance, adaptation; Owners Traditional Noonkanbah, which part listing as authorised for of the theme survival and adaptation; of resistance, of and the role the Bunuba resistance Owners Traditional which , listing as partauthorised for of the theme survival and adaptation. of resistance, • • • • • • • In July 2010, the Australian Heritage Council Heritage Council In July 2010, the Australian associated values cultural that recommended listed themes be or stories following with the the nation: to value their outstanding for In August 2010, Minister Tony Burke was Tony 2010, MinisterIn August the portfolio to of Sustainability, appointed ­ Com and Population Water, Environment, Minister Burkemaking postponed munities. a decision on the Kimberley Heritage National 31, 2011. KLC August until Assessment continued members and staff have Executive values the listing of cultural for advocate to Owners and eagerly Traditional authorised by decision. the Minister’s await

the Kimberley / one as one place the theme of by linked together country, and the Survival, Adaptation Resistance, Wunan; Galwal/Kalum double log raft; and Gwion Gwion / Girrogorro Wanjina artrock of its cultural in the context landscape; stockmen Aboriginal pastoral and the industry; River of the Fitzroy values the cultural catchment; pearl — riches stories and of the sea; boab trees. “a living cultural landscape that must that must landscape living cultural “a after for future be and looked respected generations” country is connected and culture “people, from the Kimberley stories across through future.” and the past, present • • • • • • • A key issue, raised continually by Traditional Traditional by continually raised A key issue, manage and care to Owners desire a strong was certainty with the need for along country, for the heritage added to values cultural any that and be adequately HeritageNational List would managed. appropriately round of authorisation meetings the final At Owner Traditional in June 2010, each of the blocs, or cultural which met in regional groups, heritage endorsed the listing of the cultural their country KLC the for and directed values heritage cultural submit a comprehensive to Heritage Council. reportvalues the Australian to Traditional listing by authorised values for The Owners included:

Part Four Having a strong organisation | Corporate services 107 | rd oard KLC executive b members Senior executives and responsibilities Co-Chairs to The elected the Board by are and the the Board, the members, represent leadership and provide They organisation. and the organisation, the Board direction to and fairly properly operates the KLC that ensure speak on behalf of the KLC all its members, for off on legal documents sign and its members, meetings. and chair KLC and current) (elected to 1998 in Birch Tom Mr (electedas Deputy 1998–2010 Davey Mr Frank the role share current) 2011 to Chair) (Chairman responsibilities The Chairmanof KLC. the of runs the KLC of the Co-Chairs ensure to are held makingare meetings by sure successfully meeting agendas and conducted properly, members participate Board in managed, are decision making, members understand all sign-off and to the Board on decisions made by the accuracyand confirm of meeting minutes. the KLC, Co-Chairs leadership to The provide the Deputy CEO and staff the CEO, the Board, spokesmen and the interface and act as KLC community. and the broader the KLC between Bergmann Wayne In this reporting Mr period, March June 2001 to the CEO (appointed was Deputy2011) and Mr was CEO Nolan Hunter taking(June 2011) before March 2007 to (March of Acting CEO of the KLC on the role

Corporations (Aboriginal and Torres Strait Strait and Torres (Aboriginal Corporations tatement of the main Statement of the main corporate governance practices takes place of the KLC governance Corporate under incorporation with its in accordance the set practices are 2006. Governance Islander) Act the extent allowed To Rule Book. out in the KLC’s makes framework,this elected under the Board time-to-timedecisions from about governance a Chief Executive appoints Board The practices. KLC to manage the affairs of the (CEO) Officer member CEO is also a The on a day-to-day basis. CEO is the interfaceThe between of the Board. CEO, The the KLC. staff of and the Board the Deputy provide CEO and senior management Board but the reports the Board, regular to or management in staff no directtakes role is KLC The KLC. the of day-to-daythe operation in framework a delegations managed through set with the policy and procedures accordance the Board. by te governance Corpora Having a strong organisation strong a Having services corporate 2011 to current). The responsibilities of the Co-Chair Tom Birch Co-Chair Frank Davey CEO are the overall day-to-day operational and administrative management of the KLC, including overseeing the operations of the corporate services, financial, legal, and native title services units. The CEO is the interface between the Board and KLC staff. The CEO is assisted by a Deputy CEO and a management team consisting of: Jaru—Bonnie Edwards Kurungal—Butcher Wise • Finance Manager Mr Rohan De Silva — February 2008 to current • Native Title Services Unit Manager Ms Erika Blades — February 2008 to current • Principal Legal Officer Mr Robert Powrie — May 2006 to February 2011, Mr Paul

Garde November 2010 to February 2011; Bunuba—Dickie Bedford Koonjie-Elvire—Evonne Birrell and Ms Justine Twomey — February 2011 to June 2011 • Executive Unit/Corporate Services Manager Ms Rachel Townes Vigh — May 2009 to current (formerly Senior Finance Officer —2007 to 2009) • Regional Solutions Unit Project Manager Christine Robinson — May 2009 to Yawuru—Frank Sebastian Wilinggin—Gordon Smith current (formerly Corporate Services Manager (April 2003 to May 2009) • Agreements Unit Manager Ms Athlea Sullivan — May 2009 to current (formally Native Services Manager — November 2005 to February 2008, and Regional Gas Manager — February 2008 to May 2009). Dambimangari—Inga Pederson Ngurrara—James Brown • Land and Sea Management Unit Manager Mr Daniel Oades — May 2010 to March 2011, Mr Lon Peters (Acting) — June 2011 to

current. Nyikina Mangala— Anthony Watson Ngarrawanji—Josey Farrer Balanggarra—Tom Birch 108 | Kimberley Land Council Annual Report 2010-2011 Part Four Having a strong organisation | Corporate services

109 —Deputy CEO ­ —Deputy Hunter Nolan The management team meet on a regular basis a regular meet on team management The administrative and operational determine to Managers as conduct meetings, matters. responsibility. of with staff in their areas required, Senior management roles committees and their | separation of powers a times four of minimum a meets Board The about the direction make decisions to year and activities and other of the organisation Strategic including the matters appropriate Plans. and Operational in the day-to- has no direct role Board The of the KLC. and operation administration day staff role in a direct it does not have Specifically, or in financial and management, recruitment set is to of the Board role The management. establish the direction the organisation, of of the and directpriorities, the development Board The Plans. and Operational Strategic of its decisions, implementation delegates and of the Strategic including implementation him the CEO and through to plans, Operational the staff of the organisation. to Adviser—Irene Davey Adviser—Irene MG—Merle CarterMG—Merle Adviser—Joe Davey Adviser—Joe Mayala—Violet Carter Mayala—Violet Lamboo—Stan Brumby Karajarri—Lenny Hopiga Karajarri—Lenny Purnululu—Pearl Gordon Purnululu—Pearl

GJJ—Mary Tarran Adviser—Joe brown Adviser—Joe Adviser—John Watson Adviser—John Gooniyandi—Mervyn Street Warrwa—Stephen Comeagain Warrwa—Stephen Mararngowern—Phyllis GallagherMararngowern—Phyllis KLC Directors and and Special Advisers may attend any scheduled attendances for 2010– meetings. 2011 In this reporting period, Mr Wayne Bergmann was the CEO (appointed June 2001 to March The Directors for this reporting period and the 2011) and Mr Nolan Hunter was Deputy CEO meetings they attended, are listed in the table (June 2007 to March 2011) before taking on the below (Table 5). role of Acting CEO of the KLC (March 2011 to current). As a community-based organisation, Joe Brown, Irene Davey, John Watson and all major decisions are made by the Board and Joe Davey act as Special members or Special then implemented by the Executive Director. Advisers to the Board. The Special Members

Table 5: KLC Board of Directors record of attendance

Jul–10 Sep–10 Dec–10 Apr–11 Tom Birch P P P P Theresa Barker (ceased to be BM 22/09/10) X X Stan Brumby P P P X Rosie Lala (ceased to be BM 22/09/10) P

Rita Augustine (ceased to be BM 22/09/10) X Phyllis Gallagher     Pearl Gordon P P P P

Patsy Bedford (ceased to be BM 22/09/10) X

Mervyn Street X    Lorna Hudson (ceased to be BM 22/09/10)  Lennie Hopiga X    Josey Farrer X  X X Inga Pederson P X P X Hanson Boxer (ceased to be BM as of 22/9/10) X X Gregory Tate (28/9/09) ceased to be BM X 22/09/10 Gordon Smith X P X X Frank Sebastian P P P P Frank Davey P P P P James Brown

110 | Kimberley Land Council Annual Report 2010-2011 Part Four Having a strong organisation | Corporate services 111

X X X X X P P P P P P P P P P   Apr–11

X X X P P P P P P P P P P P    Dec–10

P P P P P P P P P P P P P P    Sep–10 the State Government in relation to native title native to in relation Government the State in the Kimberley. and conferences many oftenDirectors attend in-line with are on various issues that forums the functions of the KLC. will also be and Special Advisers Directors through training governance formal attending 2011. late ORIC, which is planned for X X X P P P P P P P   Jul–10 proxy

Albert Dann (ceased to be BM 22/09/10) Albert to Dann (ceased Evonne Birrell (28/9/09) Birrell Evonne be BM 22/09/10) to Malley (ceased O’ Edna Wise Butcher Watson Anthony

Alan Bin Salleh (ceased to be BM 22/9/10) to Bin Alan Salleh (ceased be BM to (7/4/2010) Ceased Waina Esther 22/9/10 Irene Davey Irene John Watson Steven Comeagain (BM as of 22/9/10) Comeagain Steven SPECIAL ADVISORS: Joe Brown Joe Davey Jimmy Chooga (BM as of 22/9/10) Chooga Jimmy Merle Carter (BM as of 22/9/10 (BM as of 22/9/10) Cox Trevor (BM as of 22/9/10) Tarran Mary Carter (BM as of 22/9/10) Violet Wayne Bergmann Wayne Hunter Nolan (22/9/10) Bonnie Edwards (BM as of 22/9/10) Bevan Lee In June 2011, the Co-chairs and nine Directors Conference Title Native the National attended part they took in Brisbane where in a variety issues and the current of sessions addressing title. in native trends During the reporting information period, to the staff by provided also were sessions on planning and prioritisation of claim Board activities as the policywork of as well approach raining arrangements for Training arrangements for Board members Corporate & The KLC retains an Auditor who assists the operational planning organisation with financial management, compliance and risk analysis. with associated performance reporting The CEO maintains a watching brief on all the & review activities of the KLC, and keeps the Co-Chairs regularly apprised of operational and financial The KLC conducts regular operational planning matters. at both a senior strategic level and at an In December 2010 a proposal to form an operational unit level. The purpose of corporate internal audit committee was presented to and operational planning is to ensure that KLC and endorsed by the KLC Board. The purpose carries out its mission statement and strategic of the internal audit committee is to ensure goals throughout the year and beyond that proper controls are in place, consider any matters relating to financial affairs of Financial and operational the KLC and review procedures relating risk management to risk management and external service The KLC has maintained and applied stringent providers. The audit committee is made up of financial and operational procedures to ensure a Chairperson (who must be CPA or equivalent that adequate information is available for the qualified), the Chief Financial Officer, the effective management of the organisation. The Corporate Services Manager and another staff KLC employs a Financial Manager to manage member who is not the CEO. Members of the the financial affairs of the organisation. The audit committee are appointed by the Board. Financial Manager is a qualified Chartered Accountant, and forms part of the KLC’s senior Ethical policy and management team. standards The senior management team meets regularly KLC staff conduct their work in accordance with to review progress, and identify upcoming the ethical standards relevant to their particular issues. Financial and operational reports are disciplines or professions, to professional codes presented to these meetings, and any issues of conduct, and in line with the KLC Policy and or potential issues requiring attention are dealt Procedures Manual. with. The management group is pro-active in The KLC Board and staff are also covered by a identifying financial and operational risk, and KLC Code of Conduct. invariably adopts a cautionary position.

The CEO, Deputy CEO and senior staff provide Remuneration of senior financial and operational reports to Board staff meetings and assist the Board in identifying Remuneration of senior staff is negotiated in potential risks and appropriate courses of relation to market factors, and resources and action to minimise or exclude those risks. other recruitment issues for the organisation.

112 | Kimberley Land Council Annual Report 2010-2011 Part Four Having a strong organisation | Corporate services 113 of the KLC wish to ensure that KLC is effectively is effectively KLC that ensure wish to of the KLC its objectives fulfilling set out as and efficiently in the Constitution. audit internal an established also has KLC The The reporting within the committee period. the financial ensure is to of the committee role is sound of the organisation management workingalso while review to responsible and and risk management to related procedures external service providers. The KLC received nine general complaints, in complaints, nine general received KLC The the reportingof these complaints All period. our with accordance in resolved, been have Policy KLC outlined in the process complaints manual. and Procedures Complaints

There have been no other external reviews been no other external reviews have There undertaken within the reporting period. Internal reviews the organisation initiative, In a KLC-driven in May review a quality assurance commenced the is ongoing and PwC has focused This 2011. of on an assessment review quality assurance human arrangements, Board and governance risk and financial management, resource with appropriate and compliance compliance obligations. funding and other contractual by of reference, in the terms stated As undertaking of Directors the Board this review Other reviews valuation and/or audit Evaluation and/or audit reports | findings and responses end of the to Statements Financial KLC The Details audited. independently June 2011 were in the Financial of this audit can be found sectionStatements Report. of this Annual There have been no judicial or administrative or administrative been no judicial have There during the KLC to tribunal decisions in relation reportingthe decisions legal than other period, generally. title matters native affected that opments Significant devel Judicial decisions and decisions of Administrative Tribunals rutiny | crutiny | External s Six employees had and received a salary had and received Six employees during than $100,000 the of more classification reporting period.

Part Four Having a strong organisation | Corporate services 115 experienced professionals as we are unable are as we professionals experienced with of remuneration in terms compete to Inother industry addition, the pool of players. and professional lawyers title native experienced creating overall diminishing to be staff appears marketplace. a highly competitive in the reporting periodGrowth has stabilised reporting However, the previous period. from reporting two previous the over increases large consequences periods still has significant of terms pressure the of in staff existing for and supervision training mentoring, inducting, of new staff. Performance management its utilise and refine to continues KLC The and performance procedures management activity performance Staff reporting. based on an annual basis and formally is reviewed the year. throughout as required informally Impact of training and development recognises its staff members and values KLC The KLC The the importance of skills development. reflects a mixture of internal Register Training External is training and external training. of service a range across providers from sourced both industry specific training and features skills development. and individual professional During the reporting periodattended staff Project the Aurora by organized training Acts, Future Title, of Native in Foundations Making, Understanding ILUA’s, Agreement Body Legal Representative Title Native and Workshops Management Masterclass, Skills. participated also Negotiating Staff in opportunitiesother training including the and SPO & CEO Conference CFO, FaHCSIA Officers workshop. Field Title Native

orkplace planning, staff Workplace planning, staff retention and turnover importance the and value recognises KLC The workforce to contribution and staff Board of the planning. Managers planning sessions conduct regular these from Information units. their in staff with and staff both reviews and informs sessions is undertaken Planning management. the by basis. on a monthly group senior management regularly meet various the offices from Staff Title Native The discuss workplace issues. to ServicesUnit meet on several and Legal Unit of activities report to to occasions on progress for strategies and develop Pan the Operational of activities. the progression and support advice also provides to Board The workplace planning processes. of a turnover experienced KLC The 29% during the reporting approximately Representative Title all Native period across include figures turnover The Body functions. contracts and one of finalisation resignations, in functions, turnover Over KLC all termination. 35%. the reporting period approximately was high relatively was KLC the at turnover The this is comparable during this period; however The in the Kimberley. other organisations to more and retain recruit still struggles to KLC Assessment of effectiveness of effectiveness Assessment and developing in managing to achieve human resources Representative Native Title Body objectives es ources Human res ent managem In addition KLC staff were offered Occupational Impact and features of Health & Safety and First Aid Training. Four- Certified Agreements and wheel-drive training is offered to all staff AWAs required to travel off-road as part of their duties. Employment at the KLC is covered by the Project Management and business courses KLC Enterprise Agreement — 2011–2013. This were also attended. Internal training included agreement was approved by a majority staff vote but was not limited to new staff inductions, and was subsequently approved by Fairwork information technology training and ongoing Australia in March 2011. It includes provisions training focussing primarily on KLC policies, covering employment and remuneration, procedures, planning and processes. rates of pay and their adjustment, leave and allowances, workplace relations, organisational Eleven KLC directors and fifteen staff also change and human resource management. attended the National Native Title Conference 2011 convened annually by the Australian The agreement provides for certainty and Institute of Aboriginal and Torres Strait Islander transparency in staff employment conditions, Studies (AIATSIS) and this year co-convened defining the role and activities of the by Queensland South Native Title Services organisation in staff management. (QSNTS), and hosted by the Turrbal, Jagera, Yuggera and Ugarapul Peoples, the Traditional Owners of the wider Brisbane area. The Occupational health and conference promotes native title as an agenda safety performance for justice for people and country, including While KLC offices comply with the basic the broader relationships between Traditional occupational health and safety requirements, Owners and country. the KLC is working to improve standards in this regard. However, in the absence of adequate The KLC encourages staff to be pro-active funding and alternative premises, it is difficult in pursuing opportunities for professional to achieve best practice in this area. Every effort development. The benefits to staff of attending continues to be made to ensure that staff work industry specific training are immeasurable in a safe environment at all times, whether in and overcome issues associated with working the office or the field. During the reporting in remote areas in highly specialised fields. year staff were offered Occupational Health The KLC also organises regular internal & Safety, stress management and first aid training sessions to increase staff skills and and four-wheel-drive driver training. The KLC understanding of KLC policy and processes. also engaged an external service provider to The KLC looks for a diverse range of training implement an Employee Assistance Program. activities to both benefit staff individually and This program has been successful and accessed to collectively increase skills and organisational by a number of staff in varying circumstances. performance. It is part of the KLC’s overall commitment to staff well-being.

116 | Kimberley Land Council Annual Report 2010-2011 Part Four Having a strong organisation | Corporate services 117 6 # 14 12 32 $ $177,653.90 $269,799.60 $129,701.00 $577,154.50 TYPE Legal Anthropological Other TOTAL Table 7: Consultancy Services Costs Consultancy services Representative Title 32 Native awarded KLC The Body consultancy service in 2010– contracts legal counsel to related 2011. Of 14 were these, servicesservices, and six to 12 anthropological other services. Title Native for the KLC to costs total The Body consultancy services Representative in the reporting were: year , nts, tendering, Consulta ting & contrac tendering Competitive practices and contracting of consultants. a register uses KLC The submit fixed to required are Consultants for makes which year, each financial for fees tendering. competitive to consultants practice of contracting The expertise the KLC. provide is less than ideal for its increased In the reporting the KLC period, was This dependency on external consultants. injunction to proceedings mainly in relation the to in relation and the 66B application Claim. Title Goolarabooloo Jabirr Jabirr Native and Clearances Program Work Increases of also increased negotiations commercial complex give to employed the number of consultants It is KLC in other areas. expert the KLC to advice closely work policy contractors consultant that of skills and transference to facilitate with staff, develop will help to approach This expertise. capacity organisation. within the and retain

53 64 77 Male Non- Indigenous Non- Title Native Representative Body 60 49 38

KLC Staff at 30 June 2011 Staff KLC Female Indigenous Native Title Title Native Representative Body Total: 113 Total: The officers of the KLC are covered for covered are KLC of the officers The indemnity under the policyprofessional of Liability Insurance Association Aboriginal Indemnity) of $10M. the value to (Professional ndemnity and insurance Indemnity and insurance premiums for officers Staffing comprised of is staff Indigenous KLC The and non-Indigenous includes personnel and and environmental anthropologists, lawyers, officers, title native officers, land management and administrative and financial librarians, end of June 2011, 113 staff the At personnel. a permanent, on the KLC by employed were permanent part-time basis. or fixed-term funded through Of 75 positions were these, Title Native other than FaHCSIA’s project grants seven were There Body funding. Representative 30, 2011. June as at for positions being recruited as at June 30, 2011 Table 6: Staff Profile

Glossary 119 WA Departmentof Planning WA Plan Dampier Peninsula Report Assessment Draft Strategic Department Development of State (WA) Department of Sustainability, Population Water, Environment, and Communities Heritage and Cultural Environment Team Biodiversity Protection, Environment, Act and Conservation Housing, Department of Families, ServicesCommunity and Indigenous Affairs Agreement Assistance Financial and Emergency Services Fire Australia Western Authority of Goolarabooloo Jabirr Jabirr Heads of Agreement Agreement Heritage Protection Group Working Heritage Protection Indigenous Agreement Land Use Job Service Agencies DoP DPP DSAR DSD DSEWPaC ECHT EPBC Act FaHCSIA FAA FESA GJJ HOA HPA HPWG ILUA JSA

, 1976 Administrative Decisions (Judicial Administrative 1977 (Cth) Review) Act General MeetingAnnual Institute of Aboriginal Australian Islander Studies Strait Torres and Labor Party Australian Aboriginal Trust Lands Inspection Quarantine Australian Service SocialAboriginal Impact Assessment Strait Torres and Aboriginal Islander Commission MemberBoard and Torres (Aboriginal Corporations 2006 Islander) Act Strait Officer Chief Executive Governments of Australian Council Accountant PractisingCertified Department of Education, Employment and Workplace Relations Department of Indigenous Affairs Aboriginal Councils and AssociationsAboriginal Councils Act AGM AIATSIS ALP ALT AQIS ASIA ATSIC BM Act CATSI CEO COAG CPA DEEWR DIA ADJR ACAA Glossary

Glossary 121 Body Corporate Prescribed Officer Legal Principal Bodies Title Native Registered Corporate Owner Negotiation Traditional Committee Owner Steering Traditional Committee On Country Working Clearances Programme Work PBC PLO RNTBC TONC TOSC WOC WPC

Kimberley and Law Aboriginal Centre Culture Kimberley Training Group Kimberley Land Council Kimberley Language Resource Centre KarajarriLands Traditional Association Land and Sea Management Unit Gas Liquefied Natural Million per annum tonnes Northern Indigenous Australian Land and Sea Management Alliance HeritageNational Listing Council Title Native National Take to of Intention Notices National Tribunal Title Native 1993 (Cth) Act Title Native Title Native Determination Application Body Representative Title Native ServiceTitle Providers Native ServicesTitle Unit Native Health and Safety Occupational (WA) Title OfficeNative of KALACC KGT KLC KLRC KTLA LMSU LNG MTPA NAILSMA NHL NNTC NOITT NNTT NTA NTDA NTRB NTSP NTSU OHS ONT

Part Five Financial report F1 F2 F4 F5 F6 F7 F8 F9 F21 F20 Page No Financial Report for the Year Ended 30 June 2011 Financial Report for KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ( ICN 21) ABORIGINAL CORPORATION ( ICN KIMBERLEY LAND COUNCIL

Directors Report Auditor's Independence Declaration Statement of Comprehensive Income Statement of Financial Position Statement of Changes in Equity Statement of Cash Flows Notes to the Financial Statements Directors' Declaration Independent Auditor's Report Contents inancial report Financial KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ( ICN 21)

DIRECTORS’ REPORT Corporations (Aboriginal and Torres Strait Islander) Act 2006 For the Year Ended 30th June 2011

Your directors present this report on the entity for the financial year ended 30 June 2011

Directors The names of each person who has been a director during the year and to the date of this report are:

Rita Augustine ( Ceased to be a member 22/09/10 ) Theresa Barker ( Ceased to be a member 22/09/10 ) Patsy Bedford ( Ceased to be a member 22/09/10 ) Esther Waina Alan Bin Salleh ( Ceased to be a member 22/09/10 ) Tom Birch Evonne Birrell Hansen Boxer ( Ceased to be a member 22/09/10 ) Stan Brumby Albert Dann ( Ceased to be a member 22/09/10 ) Frank Davey Josie Farrer Phyllis Gallagher Pearl Gordon Lennei Hopiga Lorna Hudson ( Ceased to be a member 22/09/10 ) Rosie Lala ( Ceased to be a member 22/09/10 ) Edna O'Malley ( Ceased to be a member 22/09/10 ) Inga Pederson Frank Sebastian Nolan Hunter Wayne Bergmann Bonnie Edwards ( Appointed 22/09/10 ) Lee Bevan ( Appointed 22/09/10 ) Jimmy Chooga ( Appointed 22/09/10 ) Merle Carter ( Appointed 22/09/10 ) Trevor Cox ( Appointed 22/09/10 ) Mary Tarran ( Appointed 22/09/10 ) Violet Carter ( Appointed 22/09/10 ) Steven Comeagain ( Appointed 22/09/10 ) Joe Brown Joe Davey Irene Davey John Watson

Company Secretary The following person held the position of entity secretary at the end of the financial year

Nolan Hunter

Principal Activities The Corporations's principal activities during the year were the provision of Native Title Representative Services and Land Management support services.

Dividends Paid or Recommended No dividends were paid or declared since the start of the financial year. No recommendation for payment of dividends has been made.

F2 | Kimberley Land Council Annual Report 2010-2011 Part Five Financial report F3

(i) the corporation’s operations in future financial years; or (i) the corporation’s operations operations in future financial years; or (ii) the results of those of affairs in future financial years. (iii) the corporation’s state Auditor’s Independence Declaration Indemnifying Officers or Auditor After Balance Date Events Information on Directors Significant Changes in State of Affairs Significant Future Developments Review of Operations Review of Operations ……………………………………. Director’s Signature ...... Print Name …………………… Dated Signed in accordance with a resolution of the Board of Directors. Signed in accordance with a resolution of the The auditor’s independence declaration for the year ended 30 June 2011 has been received and can be found at page F4. The auditor’s independence declaration for the The directors are not aware ofor may significantly affect: any matter or circumstance that has arisen since the end of the year that has significantly affected, Wayne Bergman and Nolan office as Traditional Owners, being elected by their Officer during the year. All other Directors hold Hunter were employed by respective clan groups. the Corporation as Chief Executive Officer and Deputy Chief Executive No indemnities have been given oror has been an officer or auditor of the entity. insurance premiums paid, during or since the end of the financial year, for any person who is No matters or circumstances have arisen operations, or the state of affairs of the entity in future financial years. the operations of the entity, the results of those since the end of the financial year which significantly affected or may significantly affect No significant changes in the entity’s state of affairs occurred during the financial year. in the entity’s state of affairs occurred during No significant changes Operations resulted in a net deficit of $ 178,467 compared to a net surplus of $ 4,594,266 in the last financial last year 4,594,266 in the last financial to a net surplus of $ of $ 178,467 compared resulted in a net deficit Operations F4 | Kimberley Land Council Annual Report 2010-2011 Part Five Financial report F5 0 ) $$ (267,060) (223,192) (179,651) (159,462) (894,251) (979,933) (178,467) 4,594,266 6,562,778 3,882,807 22,792,362 28,666,31 (11,511,862) (10,897,465) (16,680,783) (15,694,799) 2 2 3 3 3 3 Note 2011 2010

INCOME STATEMENT FOR THE YEAR ENDED 30 JUNE 2011 FOR THE YEAR ENDED 30 JUNE INCOME STATEMENT KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ( ICN 21 COUNCIL ABORIGINAL CORPORATION KIMBERLEY LAND Revenue Other Income Employee Benefits Expenses Depreciation Expenses Finance Costs Rental Expenses Supplier Expenses Surplus ( Deficit ) for the year KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ( ICN 21) STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2011

Note 2011 2010 1 July 2009 ASSETS $ $ $

CURRENT ASSETS Cash and cash equivalents 4 10,021,921 12,219,949 7,032,240 Trade and other receivables 5 2,358,776 1,272,401 1,797,113 Other assets 6 895,235 972,772 33,462 TOTAL CURRENT ASSETS 13,275,932 14,465,122 8,862,815

NON-CURRENT ASSETS Property, plant and equipment 7 5,841,372 5,946,494 5,847,277 TOTAL NON-CURRENT ASSETS 5,841,372 5,946,494 5,847,277

TOTAL ASSETS 19,117,304 20,411,616 14,710,092

CURRENT LIABILITIES Trade and other payables 8 4,200,082 5,191,871 4,158,764 Borrowings 9 14,174 26,334 23,598 TOTAL CURRENT LIABILITIES 4,214,256 5,218,205 4,182,362

NON-CURRENT LIABILITIES Borrowings 9 1,944,975 1,959,327 1,985,542 Provisions 10 180,726 278,270 180,640 TOTAL NON-CURRENT LIABILITIES 2,125,701 2,237,597 2,166,182 TOTAL LIABILTIES 6,339,957 7,455,802 6,348,544

NET ASSETS 12,777,347 12,955,814 8,361,548

EQUITY Retained earnings 10,998,723 11,020,597 6,426,331 Revaluation Reserve 1,778,624 1,935,217 1,935,217 TOTAL EQUITY 12,777,347 12,955,814 8,361,548

The accompanying notes form part of these financial statements.

F6 | Kimberley Land Council Annual Report 2010-2011 Part Five Financial report F7 otal (178,467) T $$$ 156,593 (156,593) - (178,467) - Earnings Surplus 11,020,597 1,935,21711,020,597 12,955,814 1,935,217 12,955,814 10,998,723 1,778,624 12,777,347 Retained Revaluation 4,594,266 - 4,594,266 6,426,331 1,935,217 8,361,548 3,099,843 1,935,217 5,035,060 Note

KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ( ICN 21) ABORIGINAL CORPORATION ( ICN KIMBERLEY LAND COUNCIL

STATEMENT OF CHANGES IN EQUITY FOR THE YEAR ENDED 30TH JUNE 2011 IN EQUITY FOR THE YEAR ENDED STATEMENT OF CHANGES Surplus ( Deficit ) attributable to entity Surplus ( Deficit ) attributable Surplus ( Deficit ) attributable to entity Correction of Errors Correction of Errors 18 3,326,488 - 3,326,488 Revaluation Balance at 30 June 2010 Balance at 1 July 2010 Revised Balance as at 1 July 2009 1 July 2009 Revised Balance as at Balance at 1 July 2009 Balance at 30 June 2011

KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ( ICN 21) STATEMENT OF CASH FLOWS YEAR ENDED 30TH JUNE 2011

2011 2010 Note $ $ CASH FLOWS FROM OPERATING ACTIVITIES Receipt of Grants 20,555,262 25,625,573 Other Receipts 4,681,684 3,144,352 Payment to Suppliers & Employees (27,442,386) (23,260,407) Interest Received 349,001 193,451 Finance Costs (179,651) (159,462) Net cash provided by Operating Activities 17 (2,036,090) 5,543,507

CASH FLOWS FROM INVESTING ACTIVITIES Proceeds from sale of property - Purchase of property, equipment & vehicles (161,938) (355,797) Net cash provided by investing activities activities (161,938) (355,797)

Net Increase/Decrease) in cash held (2,198,028) 5,187,710 Cash and Cash Equivalents at the beginning of the financial year 12,219,949 7,032,239 Cash and Cash Equivalents at the end of the reporting period 4 10,021,921 12,219,949

F8 | Kimberley Land Council Annual Report 2010-2011 Part Five Financial report F9 ing ome, ment bable or, this is e net the by the aluations ost alue of the porations rred from ets shall be uisition. depreciation ependent ion of the the service has nherent in the Corporations (Aboriginal and Torres Corporations (Aboriginal and

KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ( ICN 21 ) ( ICN 21 ABORIGINAL CORPORATION LAND COUNCIL KIMBERLEY NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011 YEAR ENDED 30 FOR THE THE FINANCIAL STATEMENTS NOTES TO Inventories Revenue Note 1: Basis of Preparation Freehold Property Property, Plant and Equipment Accounting Policies Revenue from the rendering of a service is recognised upon the delivery of the service to the customers. Revenue from the rendering of a service is recognised services tax (GST). All revenue is stated net of the amount of goods and Donations and bequests are recognised as revenue when received. Donations and bequests are recognised as revenue Any accumulated depreciation at the date of the revaluation is eliminated against the gross carrying amount of the asset and th Any accumulated depreciation at the date of the revaluation is eliminated against the gross carrying Increases in the carrying amount arising on revaluation of land and buildings are recognised in other comprehensive income and Increases in the carrying amount arising on revaluation of land and buildings are recognised in other of the same class of ass accumulated in the revaluation surplus in equity. Revaluation decreases that offset previous increases are charged to the state recognised in other comprehensive income under the heading of revaluation surplus. All other decreases of comprehensive income. of comprehensive inc As the revalued buildings are depreciated, the difference between depreciation recognised in the statement original cost, is transfe which is based on the revalued carrying amount of the asset and the depreciation based on the asset’s the revaluation surplus to retained earnings. amount is restated to the revalued amount of the asset. asset at the date it is acquired. The financial statements have been prepared on an accruals basis and are based on historical costs, modified, where applicable, have been prepared on an accruals basis and are based The financial statements conduct directors’ v In periods when the freehold land and buildings are not subject to an independent valuation, the directors recognised at the fair v Freehold land and buildings that have been contributed at no cost, or for nominal cost, are valued and Inventories are measured at the lower of cost and current replacement cost. Inventories held for distribution are measured at c Inventories are measured at the lower of cost and cost as at the date of acq Inventories acquired at no cost, or for nominal consideration, are valued at the current replacement The financial statements are for the Corporation being Not For Profit (RDR) as an individual entity, incorporated under the Cor entity, incorporated under Profit (RDR) as an individual being Not For statements are for the Corporation The financial Islander) Act 2006 and domiciled in Australia. (Aboriginal and Torres Strait assets, financial assets and financial liabilities. measurement at fair value of selected non-current are satisfied. grant as revenue will be deferred until those conditions adjusted, when applicable, for any loss of service potential. and impairment losses. by external ind Freehold land and buildings are shown at their fair value based on periodic, but at least triennial, valuations valuers. to ensure the carrying amount for the land and buildings is not materially different to the fair value. If conditions are attached to the grant which must be satisfied before it is eligible to receive the contribution, the recognit If conditions are attached to the grant which must accumulated Each class of property, plant and equipment is carried at cost or fair value as indicated, less, where applicable, Grant revenue is recognised in the statement of comprehensive income when the entity obtains control of the grant and it is pro Grant revenue is recognised in the statement of comprehensive incurs an obligation to deliver economic value directly back to the contribut When grant revenue is received whereby the entity rate method, which for floating rate financial assets is the rate i Interest revenue is recognised using the effective interest The financial statements are general purpose financial statements that have been prepared in accordance with Australian Account are general purpose financial statements that have The financial statements Standards Board and the Requirements of the Australian Accounting Standards – Reduced Disclosure Strait Islander) Act 2006. has concluded would result in financial statements set out accounting policies that the AASB Australian Accounting Standards in conditions. Material accounting policies adopted information about transactions, events and containing relevant and reliable consistently applied unless otherwise stated. statements are presented below and have been preparation of these financial will flow to the entity and the amount of the grant can be measured reliably. that the economic benefits gained from the grant revenue is recognised in the state of financial position as a liability until considered a reciprocal transaction and the grant is recognised as income on receipt. been delivered to the contributor, otherwise the grant the right to receive a dividend has been established. instrument. Dividend revenue is recognised when b. c. a. KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ( ICN 21 ) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011

Note 1 : Continued

c . Property , Plant & Equipment ( Continued )

Plant and equipment

Plant and equipment are measured on the cost basis less depreciation and impairment losses. The carrying amount of plant and equipment is reviewed annually by directors to ensure it is not in excess of the recoverable amount from these assets. The recoverable amount is assessed on the basis of the expected net cash flows that will be received from the asset’s employment and subsequent disposal. The expected net cash flows have been discounted to their present values in determining recoverable amounts. Plant and equipment that have been contributed at no cost, or for nominal cost, are valued and recognised at the fair value of the asset at the date it is acquired.

Depreciation

The depreciable amount of all fixed assets, including buildings and capitalised lease assets, but excluding freehold land, is depreciated on a straight line basis over the asset’s useful life to the entity commencing from the time the asset is held ready for use. Leasehold improvements are depreciated over the shorter of either the unexpired period of the lease or the estimated useful lives of the improvements. The depreciation rates used for each class of depreciable assets are: Class of Fixed Depreciation Asset Rate Buildings 0% Plant and 20%-40% equipment Leased plant 33% and equipment

The assets’ residual values and useful lives are reviewed, and adjusted if appropriate, at the end of each reporting period.

Each asset class’s carrying amount is written down immediately to its recoverable amount if the class’s carrying amount is greater than its estimated recoverable amount.

Gains and losses on disposals are determined by comparing proceeds with the carrying amount. These gains or losses are included in the statement of comprehensive income. When revalued assets are sold, amounts included in the revaluation surplus relating to that asset are transferred to retained earnings.

d. Leases Leases of fixed assets, where substantially all the risks and benefits incidental to the ownership of the asset but not the legal ownership are transferred to the entity, are classified as finance leases.

Finance leases are capitalised, recording an asset and a liability equal to the present value of the minimum lease payments, including any guaranteed residual values.

Leased assets are depreciated on a straight-line basis over their estimated useful lives where it is likely that the entity will obtain ownership of the asset. Lease payments are allocated between the reduction of the lease liability and the lease interest expense for the period. Lease payments for operating leases, where substantially all the risks and benefits remain with the lessor, are charged as expenses on a straight-line basis over the lease term.

Lease incentives under operating leases are recognised as a liability and amortised on a straight-line basis over the life of the lease term.

e. Financial Instruments

Initial recognition and measurement

Financial assets and financial liabilities are recognised when the entity becomes a party to the contractual provisions to the instrument. For financial assets, this is equivalent to the date that the corporation commits itself to either purchase or sell the asset (ie trade date accounting is adopted). Financial instruments are initially measured at fair value plus transactions costs except where the instrument is classified “at fair value through profit or loss” in which case transaction costs are expensed to profit or loss immediately.

F10 | Kimberley Land Council Annual Report 2010-2011 Part Five Financial report F11

ere ounts) Fair value

e adopted. net carrying t to the ; and effective interest method Note 1 : Continued Note 1 : Continued is used to allocate interest income or interest expense over the relevant period and is equivalent to the rate is used to allocate interest income or interest expense KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ( ICN 21 ) ( ICN 21 ABORIGINAL CORPORATION LAND COUNCIL KIMBERLEY

Available-for-sale financial assets are included in non-current assets, except for those which are expected to be Available-for-sale financial assets are included in non-current assets, except for those which are expected are classified disposed of within 12 months after the end of the end of the reporting period. (All other financial assets as current assets.) Held-to-maturity investments are included in non-current assets, except for those which are expected to mature within Held-to-maturity investments are included in non-current assets, except for those which are expected 12 months after the end of the reporting period. (All other investments are classified as current assets.) Available-for-sale financial assets Financial assets at fair value through profit or loss Loans and receivables not quoted in Loans and receivables are non-derivative financial assets with fixed or determinable payments that are an active market and are subsequently measured at amortised cost. within 12 Loans and receivables are included in current assets, except for those which are not expected to mature assets.) months after the end of the reporting period. (All other loans and receivables are classified as non-current Held-to-maturity investments or determinable Held-to-maturity investments are non-derivative financial assets that have fixed maturities and fixed measured at payments, and it is the entity’s intention to hold these investments to maturity. They are subsequently amortised cost. classified into Available-for-sale financial assets are non-derivative financial assets that are either not capable of being They comprise other categories of financial assets due to their nature, or they are designated as such by management. payments. investments in the equity of other entities where there is neither a fixed maturity nor fixed or determinable Such assets are subsequently measured at fair value. plus or minus the cumulative amortisation of the difference, if any, between the amount initially recognised and the plus or minus the cumulative amortisation of the difference, maturity amount calculated using the If during the period the corporation sold or reclassified more than an insignificant amount of the held-to-maturity reclassified as investments before maturity, the entire held-to-maturity investments category would be tainted and available-for-sale. the amount at which the financial asset or financial liability is measured at initial recognition; the amount at which the financial asset or financial less principal repayments; less any reduction for impairment. profit or loss” when they are held for trading for the purpose of Financial assets are classified at “fair value through not held for hedging purposes, or when they are designated as short-term profit taking, or where they are derivatives performance evaluation where a group of financial assets is such to avoid an accounting mismatch or to enable value basis in accordance with a documented risk management or managed by key management personnel on a fair measured at fair value with changes in carrying value being investment strategy. Such assets are subsequently included in profit or loss. NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011 STATEMENTS FOR THE YEAR NOTES TO THE FINANCIAL is calculated as: effective interest method Classification and Subsequent Measurement Classification and Subsequent (iv) The or receipts (including fees, transaction costs and other premiums or disc that exactly discounts estimated future cash payments (iii) represents the amount for which an asset could be exchanged or a liability settled, between knowledgeable, willing parties. Wh settled, between knowledgeable, willing parties. which an asset could be exchanged or a liability represents the amount for In other circumstances, valuation techniques ar an active market are used to determine fair value. available, quoted prices in reliably predicted, the contractual term) of the financial instrument to the through the expected life (or when this cannot be to expected future net cash flows will necessitate an adjustmen amount of the financial asset or financial liability. Revisions an income or expense in profit or loss. carrying value with a consequential recognition of (ii) (i) Financial instruments are subsequently measured at fair value, amortised cost using the effective interest rate method or cost. subsequently measured at fair value, amortised cost Financial instruments are Amortised cost (i) (ii) (iii) (iv) e . Financial Instruments ( Continued ) e . Financial Instruments KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ( ICN 21 ) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011

Note 1 : Continued

e . Financial Instruments ( Continued )

(v) Financial liabilities

Non-derivative financial liabilities (excluding financial guarantees) are subsequently measured at amortised cost.

Fair value Fair value is determined based on current bid prices for all quoted investments. Valuation techniques are applied to determine the fair value for all unlisted securities, including recent arm’s length transactions, reference to similar instruments and option pricing models.

Impairment At the end of each reporting period, the entity assesses whether there is objective evidence that a financial instrument has been impaired. In the case of available-for-sale financial instruments, a prolonged decline in the value of the instrument is considered to determine whether an impairment has arisen. Impairment losses are recognised in the statement of comprehensive income.

Derecognition Financial assets are derecognised where the contractual rights to receipt of cash flows expire or the asset is transferred to another party whereby the entity no longer has any significant continuing involvement in the risks and benefits associated with the asset. Financial liabilities are derecognised where the related obligations are discharged, cancelled or expired. The difference between the carrying value of the financial liability, which is extinguished or transferred to another party, and the fair value of consideration paid, including the transfer of non-cash assets or liabilities assumed, is recognised in profit or loss.

f. Impairment of Assets At the end of each reporting period, the entity reviews the carrying values of its tangible and intangible assets to determine whether there is any indication that those assets have been impaired. If such an indication exists, the recoverable amount of the asset, being the higher of the asset’s fair value less costs to sell and value in use, is compared to the asset’s carrying value. Any excess of the asset’s carrying value over its recoverable amount is expensed to the statement of comprehensive income.

Where the future economic benefits of the asset are not primarily dependent upon the asset’s ability to generate net cash inflows and when the entity would, if deprived of the asset, replace its remaining future economic benefits, value in use is determined as the depreciated replacement cost of an asset.

Where it is not possible to estimate the recoverable amount of a class of assets, the entity estimates the recoverable amount of the cash- generating unit to which the class of assets belong.

Where an impairment loss on a revalued asset is identified, this is debited against the revaluation surplus in respect of the same class of asset to the extent that the impairment loss does not exceed the amount in the revaluation surplus for that same class of asset.

g. Employee Benefits Provision is made for the corporation’s liability for employee benefits arising from services rendered by employees to the end of the reporting period. Employee benefits that are expected to be settled within one year have been measured at the amounts expected to be paid when the liability is settled. Employee benefits payable later than one year have been measured at the present value of the estimated future cash outflows to be made for those benefits. In determining the liability, consideration is given to employee wage increases and the probability that the employee may not satisfy vesting requirements. Those cash outflows are discounted using market yields on national government bonds with terms to maturity that match the expected timing of cash flows.

Contributions are made by the entity to an employee superannuation fund and are charged as expenses when incurred.

h. Cash and Cash Equivalents

Cash and cash equivalents include cash on hand, deposits held at call with banks, other short-term highly liquid investments with original maturities of three months or less, and bank overdrafts. Bank overdrafts are shown within short-term borrowings in current liabilities on the statement of financial position.

F12 | Kimberley Land Council Annual Report 2010-2011 Part Five Financial report F13 . le t & ese

to sell. normally timate of sting by the ng r payables m TO. t losses. It ancial he asset or as robable that an esting and Income Tax Assessment Act 1997 Note 1 : Continued Note 1 : Continued KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ( ICN 21 ) ( ICN 21 ABORIGINAL CORPORATION LAND COUNCIL KIMBERLEY

NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011 STATEMENTS FOR THE YEAR NOTES TO THE FINANCIAL Trade and Other Payables Critical Accounting Estimates and Judgments Key estimates Income Tax Intangibles Software Provisions Comparative Figures Goods and Services Tax (GST) Goods and Services Tax Impairment on the fair value less cost The freehold land and buildings were independently valued at 30 June 2009 . The valuation was based buildings, the current stro The critical assumptions adopted in determining the valuation included the location of the land and demand for land and buildings in the area and recent sales data for similar properties. . They have concluded that th As at 30 june 2011 the directors reviewed the key assumptions made by the valuers at 30 June 2009 recoverable amount of land assumptions remain materially unchanged , and are satisfied that carrying value does not exceed the buildings at 30 June 2011 . Trade and other payables represent the liability outstanding at the end of the reporting period for goods and services received Trade and other payables represent the liability outstanding at the end of the reporting period for goods Cash flows are included in the statement of cash flows on a gross basis, except for the GST component of cash flows arising fro the statement of cash flows on a gross basis, except Cash flows are included in ATO. The GST component of financing and inve which is recoverable from, or payable to, the investing and financing activities the ATO is classified as a part of operating cash flows. Accordingly, inv activities which is recoverable from, or payable to, of cash flows net of the GST that is recoverable from, or payable to, the A financing cash flows are presented in the statement years. It is assessed annually for impairment. has an estimated useful life of between one and three or constructive obligation, as a result of past events, for which it is p Provisions are recognised when the entity has a legal can be reliably measured. Provisions recognised represent the best es outflow of economic benefits will result and that outflow end of the reporting period. the amounts required to settle the obligation at the the beginning of the earliest comparative period must be disclosed. statements, a statement of financial position as at liability with the amounts corporation during the reporting period which remain unpaid. The balance is recognised as a current paid within 30 days of recognition of the liability. historical knowledge and bes The directors evaluate estimates and judgments incorporated into the financial statements based on on current trends and available current information. Estimates assume a reasonable expectation of future events and are based economic data, obtained both externally and within the corporation. No provision for income tax has been raised as the entity is exempt from income tax under Div 50 of the No provision for income tax has been raised as the and is carried at cost less any accumulated amortisation and impairmen Software is recorded at cost. Software has a finite life figures have been adjusted to conform with changes in presentation for the Where required by Accounting Standards, comparative current financial year. makes a retrospective restatement or reclassifies items in its fin When an entity applies an accounting policy retrospectively, from the Australian Taxation Office (ATO). In these circumstances the GST is recognised as part of the cost of acquisition of t Office (ATO). In these circumstances the GST is from the Australian Taxation o to, the ATO is included as part of receivables The net amount of GST recoverable from, or payable part of an item of expense. position. in the statement of financial Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is not recoverab assets are recognised net of the amount of GST, except Revenues, expenses and o. n. k. l. m. j. i. KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011

2011 2010 $$ Note 2: Revenue and Other Income Revenue from Government Grants & Other Grants State and Federal Government Grants 22,792,362 28,666,310 22,792,362 28,666,310

Other Revenue Interest Received on Financial Assets 349,002 193,451 349,002 193,451

Other Income Rental Income 92,682 75,220 Other Income 6,121,094 3,614,136 Total Other Income 6,213,776 3,689,356

Total Revenue and Other Income 29,355,140 32,549,117

Note 3: Expenses

Depreciation and Amortisation Motor Vehicles 142,391 81,379 Furniture & Fittings 124,669 141,813 267,060 223,192

Interest Expenses 179,651 159,462

Rental Expenses on operating leases Minimum lease payments 894,251 979,933 Total 894,251 979,933

Note 4: Cash and Cash Equivalents

CURRENT Cash at bank - Unrestricted 2,510,069 4,159,676 Cash at bank - Restricted 7,501,952 8,049,323 Cash on hand 9,900 10,950 10,021,921 12,219,949

Cash at Bank - Restricted represents unexpended grants income on hand at the end of the year .

Note 5: Trade and Other Receivables

CURRENT Trade receivables 2,358,776 1,272,401

2,358,776 1,272,401 Other receivables 895,235 972,772 Total current trade and other receivables 3,254,011 2,245,173

F14 | Kimberley Land Council Annual Report 2010-2011 Part Five Financial report F15 as 25,516 803,000 582,494 290,471 459,675 344,225 947,256 390,000 310,000 425,000 300,000 355,797 972,772 (33,388) (292,023) (115,450) (223,192) $ 5,946,494 5,311,798 5,311,798 1,640,000 5,847,277 5,946,494 2010 2010 Total

22,450 327,740 201,834 744,431 459,675 872,785 535,479 634,696 355,797 895,235 (33,388) $$ (416,691) (257,841) (223,192) 5,841,372 5,311,798 5,311,798 2011 2011 Equipment

2655 530 803,000 1639 283 1,640,000 1849 710 390,000 1851 646 310,000 1769 101 425,000 1247 675 300,000 ------$ $$ 5,311,798 5,311,798 Buildings Volume Folio $ : A caveat originally imposed by the Aboriginal and Torres Strait Islander Commission (ATSIC) KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) ABORIGINAL CORPORATION LAND COUNCIL KIMBERLEY : Has a developmental memorial to prevent development outside of the Shire of Broome's Heritage : Has a developmental memorial to prevent development outside of the Shire of Broome's Heritage : A caveat originally imposed by ATSIC which restricts the use of the property for the purpose of

NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011 THE YEAR ENDED FOR THE FINANCIAL STATEMENTS NOTES TO 2010 Dampier Terrace Broome 11 Gregory Street Broome 12 Rosewood Street Kununurra 7 Archer Street Derby 21 Windjana Street Derby Balance at the beginning of the year 26 Knowsley Street Derby Additions at cost Additions at fair value Disposals Depreciation expense Carrying amount at the end of the year Movements in Carrying Amounts LAND AND BUILDINGS Note 7: Property, Plant and Equipment Note 7: Property, Plant PLANT AND EQUIPMENT Note 6: Other Assets Note 6: Other CURRENT In addition , the following assets have other encumbrances as detailed below : In addition , the following assets have other encumbrances as detailed below : which restricts the use of property to accommodation of staff essential to the efficient running of the Corporation in its role which restricts the use of property to accommodation of staff essential to the efficient running of Leased and Owned motor vehicles: Capitalised leased vehicles Less accumulated depreciation Total plant and equipment Total property, plant and equipment 18 Heytsebury Street Derby the designated Land Council of the Kimberley . Total Land and Buildings Plant and equipment: At cost Less accumulated depreciation 40 Loch Street Derby Dampier Terrace Broome Policy . and the end of the Movement in the carrying amounts for each class of property, plant and equipment between the beginning current financial year: Freehold land & buildings at fair value: Freehold land & buildings – independent valuation in 2009 administration and operations of the Corporation . Accrued income Prepayments Included in freehold Land & Buildings at Fair Value are the following assets which have been provided as security to the ANZ Included in freehold Land & Buildings at Fair Value : $ 1,944,975 ) disclosed at Note 9 . bank for the Bank Line of Credit of $ 1,944,975 ( 2010 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011

Note 7: Property, Plant and Equipment ( Continued )

2011 Balance at the beginning of the year 5,311,798 634,696 5,946,494

Additions at cost - 161,938 161,938 Additions at fair value - -- Disposals - -- Depreciation expense - (267,060) (267,060) Carrying amount at the end of the year 5,311,798 529,574 5,841,372

Asset Revaluations

The freehold land and buildings were independently valued at 30 June 2010 . The valuation was based on the fair value less cost to sell. The critical assumptions adopted in determining the valuation included the location of the land and buildings, the current strong demand for land and buildings in the area and recent sales data for similar properties.

At 30 June 2011, the directors have performed a directors’ valuation on the freehold land and buildings. The directors have reviewed the key assumptions adopted by the valuers in 2010 and do not believe there has been a significant change in the assumptions at 30 June 2011. The directors therefore believe the carrying value of the land correctly reflects the fair value less cost to sell at 30 June 2011.

Note 8: Trade and Other Payables 2011 2010 $$ CURRENT Trade payables 2,835,020 2,560,605 Other current payables 377,271 1,683,470 Employee benefits 987,791 947,796 4,200,082 5,191,871

a. Financial liabilities at amortised cost classified as trade and other payables Trade and other payables: – total current 4,200,082 5,191,871

4,200,082 5,191,871 Less deferred income Less statutory obligations - employees (720,685) (707,614) Financial liabilities as trade and other payables 3,479,397 4,484,257

Note 9: Borrowings 2011 2010 $$ CURRENT Lease liabilities 14,174 26,334 NON-CURRENT Bank Line of Credit 1,944,975 1,944,975 Lease liabilities - 14,352 Total borrowings 1,944,975 1,959,327

Note 10: Provisions Long-term Total

Opening balance at 1 July 2010 278,270 278,270 Additional provisions raised during year 42,907 42,907 Amounts used (140,451) (140,451) Balance at 30 June 2011 180,726 180,726

F16 | Kimberley Land Council Annual Report 2010-2011 Part Five Financial report F17 - cted 29,411 14,884 44,295 60,964 85,084 ta. The 278,270 278,270 513,905 733,969 - 1,298,489 2010 70,275 14,174 14,174 74,903 110,451 180,726 102,750 698,882 829,008 - -- - $$ $$ 1,539,646 2011 KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) ABORIGINAL CORPORATION LAND COUNCIL KIMBERLEY NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011 THE YEAR ENDED FOR THE FINANCIAL STATEMENTS NOTES TO

Finance Lease Commitments Operating Lease Commitments – greater than five years – not later than 12 months – not later than 12 months Payable – minimum lease payments: – later than 12 months but not later than five years Minimum lease payments [insert Finance leases on motor vehicles of which there are not Non-cancellable operating leases contracted for but Payable – minimum lease payments: – greater than five years a. b. Note 14: Related Party Transactions Note 13: Key Management Personnel Compensation Note 12: Events After the reporting period Note 11: Capital and leasing commitments Note 11: Capital and leasing Note 10: Provisions ( Continued ) Note 10: Provisions Analysis of total provisions Analysis of total Employee Benefits Provision for Long-term Current Non-current Mr Tom Birch ( Co- Chairman of KLC )was engaged during the year in an advisory capacity and to provide consultancy services to the Kimberley Land Council . than those available to other These Transactions are on Normal commercial terms and conditions , and are no more favourable persons or entities . Key management personnel compensation Mr Frank Davey ( Co -Chairman of KLC ) is a director of Gambanan Pty Ltd a company which was engaged during the year to provide Consultancy services to the Kimberley Land Council . The totals of remuneration paid to key management personnel (KMP) of the corporation during the year are as follows: The totals of remuneration paid to key management personnel (KMP) of the corporation during the The property lease commitments are non-cancellable operating leases contracted for but not capitalised in the financial The property lease commitments are non-cancellable commitments may occur in line with the Consumer Price Index (CPI). statements with a five-year term. Increase in lease that has arisen since the end of the year that has significantly affe The Directors are not aware of any matter or circumstance results and the state of affairs in future financial years or may significantly affect the corporations operations, A provision has been recognised for employee entitlements relating to long service leave. In calculating the present value of service leave. In calculating the present value for employee entitlements relating to long A provision has been recognised leave being taken is based on historical da of long service leave, the probability of long service future cash flows in respect measurement and recognition criteria relating to employee benefits have been included in Note 1. criteria relating to employee benefits have measurement and recognition KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011

Note 15: Financial risk management

The corporation’s financial instruments consist mainly of deposits with banks, local money market instruments, short-term investments, accounts receivable and payable . The totals for each category of financial instruments, measured in accordance with AASB 139 as detailed in the accounting policies to these financial statements, are as follows:

Note

Financial assets Cash and cash equivalents 4 10,021,921 12,219,949

Loans and receivables 5 2,358,776 1,272,401 Total financial assets 12,380,697 13,492,350

Financial liabilities Financial liabilities at amortised cost: – trade and other payables 8 3,479,397 5,191,871 – borrowings 9 1,959,149 1,985,661

Total financial liabilities 5,438,546 7,177,532

Note 16: Reserves

a. Revaluation Surplus

The revaluation surplus records the revaluations of non-current assets. Where revaluations are deemed to represent profits of a permanent nature, dividends may be declared from this reserve.

Note 17 : Cash Flow Information

Reconciliation of Cash Flow from Operations to Operating Surplus 2011 2010

$$ (178,467) 4,594,266 Operating Surplus/(Deficit)

Adjustment for non-cash expenses: 267,060 223,192 Depreciation 33,387 Carrying Amount of Assets Disposed -

Adjustment for changes in operating assets and liabilities: (1,008,839) (414,599) (Increase)/Decrease in Accounts Receivable (1,031,783) 978,751 Increase/(Decrease) in Accounts Payable (57,549) 151,988 Increase/(Decrease) in Provisions Increase/(Decrease) in Lease Liability (26,512) (23,479)

Net cash provided by Operating Activities (2,036,090) 5,543,507

F18 | Kimberley Land Council Annual Report 2010-2011 Part Five Financial report F19

y nt - - 6,426,331 4,594,266 28,666,310 3,326,488 4,722,835 4,722,835 $3,326,488 $8,049,323 $4,722,835 (3,326,488) (8,049,323)

$ $$ (128,569) 3,099,843 3,326,488 8,049,323 23,943,475 Original Balance Adjustment Balance Adjusted 30-Jun-09 30-Jun-10 Net Adjustment KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION (ICN 21) ABORIGINAL CORPORATION LAND COUNCIL KIMBERLEY

NOTES TO THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011 THE YEAR ENDED FOR THE FINANCIAL STATEMENTS NOTES TO As at 1 July 2009 Year Ended 30 June 2010 Note 18 : Correction of Prior Period Errors of Prior Period Note 18 : Correction Retained Earnings Surplus ( Deficit ) for the year Deferred Income Deferred Income ( Trade & Other Payables ) Statement of Comprehensive Income Revenue The adjustment requires them to be , recognised as revenue in the year received rather than being deferred and this resulted in The adjustment requires them to be , recognised Grants Received : In the previous periods , the Corporation had not recognised revenue in accordance with its recognition polic revenue in accordance with its recognition periods , the Corporation had not recognised Grants Received : In the previous of Income when the entity obtains control to be recognised in the statement of Comprehensive which requires grant revenue gra will flow to the entity and the amount of the that the economic benefits gained from the grant the grant and it is probable . can be measured reliably has conditions attached which must be satisfied revenue will only be deferred where the grant In these circumstances , the the contribution . before it is eligible to receive criteria for revenue recognition , no specific by the Corporation , whilst they met all the In relation to the grants received revenue . Rather , they should have been included and they should not have been treated as deferred conditions were attached which they were received in revenue in the year in prior years were as follows : disclosed as a liability as at the end of the two Balances of Deferred revenue : the following adjustment to the comparative information KIMBERLEY LAND COUNCIL ABORIGINAL CORPORATION ( ICN 21)

DIRECTORS’ DECLARATION Corporations (Aboriginal and Torres Strait Islander) Act 2006 For the Year Ended 30th June 2011

The directors of the corporation declare that:

(a) in the directors’ opinion, there are reasonable grounds to believe that the corporation will be able to pay its debts when they become due and payable; and

(b) in the directors’ opinion, the financial statements and notes are in accordance with the Regulations, including: (i) compliance with the accounting standards; and (ii) providing a true and fair view of the financial position and performance of the corporation.

Signed by authority of the Board of Directors

Director’s Signature

NOLAN HUNTER Print Name

20th Sept 2011 Dated

F20 | Kimberley Land Council Annual Report 2010-2011 Part Five Financial report F21

Kimberley Land Council 2011