THE KIMBERLEY LAND COUNCIL ANNUAL REPORT 2012 ‘Ilma’ - Ashley Hunter - ‘Ilma’ Kimberley Land Council Annual Report 2012 I 1 2 I Kimberley Land Council Annual Report 2012 Contents Introduction & Overview 4 Our Mission, Vision & Values 5 Co-chair Report 6 Board of Directors 7 CEO Report 8 Our Orgaisation 10 Kimberley Land Council 12 Role and Functions 13 Organisational Structure 14 Executive Roles & Responsibilities 15 Corporate Governance 16 Human Resources 19 Performance Report 20 Native Title Climate 22 Native Title Claim Updates 24 Looking After Country 36 Land & Sea Management 38 Projects 39 Kimberley Ranger Program & 43 Indigenous Protected Areas Glossary 53 Financial Statements 54 “I feel proud of the Kimberley Land Council, cause it’s there talking for our mob. We’ve got to back one another. We’ve got to be strong and stand up for our people. We’ve got to sit together and we’ve got to work together. Together, we are the Traditional Owners of this country.’’ Joe Brown, KLC Special Adviser Kimberley Land Council Annual Report 2012 I 3 Introduction & overview The Kimberley Land Council was established in 1978 following a dispute between Kimberley Aboriginal people, The Western Australian Government and an International mining company at Noonkanbah. The KLC was set up by Kimberley Aboriginal people as a peak regional community organisation, to secure the rights and interests of Kimberley Traditional Owners in relation to their land and waters and to protect their significant places. The KLC has experienced rapid growth in recent years. While fulfilling our role as a Native Title Representative Body remains the core business of our organisation, we have expanded to include a broad range of programs and activities that help us to achieve the vision of our members. As part of our Native Title Representative Body funding agreement with the Commonwealth Government, the KLC is required to present detailed technical information on its functions in our Annual Report. This report also includes information on other aspects of our organisation which reflects the full diversity of our operations. “Native title is about respect and recognition of Traditional Owners and highlights the strong links Aboriginal people have to their country, culture and law.’’ Tom Birch, KLC Co-Chair 4 I Kimberley Land Council Annual Report 2012 & overview Our Mission, Vision & Values OUR VISION The Kimberley Land Council is a community organisation working for and with Traditional Owners of the Kimberley to get back country, look after country and get control of the future. OUR MISSION AIMS • To get back country • To look after country • To get control of the future • To have a strong organisation OBJECTIVES • Improve the cultural, social and economic wellbeing of Kimberley Aboriginal people • Operate as an effective body to secure rights for, and deliver the aspirations of, Kimberley Traditional Owners • Develop and implement policies, strategies and activities that deliver a high-standard of services to Traditional Owners to achieve our vision • Develop and implement sound, appropriate and effective planning and review processes and documents VALUES • 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 Kimberley Land Council Annual Report 2012 I 5 Co-Chair’s message The KLC has a long and proud history Kimberley. This is something, as Co- professionalism. Our staff go above and has led the fight for political change Chairs we are extremely proud of. and beyond their duties, to ensure we in the struggle for Indigenous rights and Kimberley Aboriginal people have provide the best possible customer freedoms for the past 34 years. always been connected as one mob and service to Traditional Owners. They are This year has been no different, as our continue to work together to improve on the frontline working to achieve the organisation continues to work with the lives of all our people. goals and priorities our Directors set, Traditional Owners to ensure they are in This is evidenced in our Annual and I thank you for your successes in the the driver’s seat, carving out their own General Meeting which is held on- past year. futures. country in various locations across the We would also like to take the Our organisation has continued to Kimberley each year. In the reporting opportunity to thank our Board achieve positive outcomes for Kimberley period, our Annual General Meeting members for their commitment to the Aboriginal people under the leadership which is combined with the other KLC and the leadership roles they have of our new Chief Executive Officer peak Indigenous organisations of the taken on, to assist our mob in creating Nolan Hunter, who was appointed by Kimberley – the Kimberley Aboriginal positive futures for the next generation. the KLC Board to the role in August Law and Culture Centre and the 2011. Nolan is a Bardi Jawi man Kimberley Language Resource Centre – was held at Ngumpan in the central who has strong connections to his TOM BIRCH & FRANK DAVEY country and people, and an impressive Kimberley. More than 800 Aboriginal portfolio having worked for various people attended this event to discuss Aboriginal organisations and in strategic business, issues and develop strategic operational management. goals for the year ahead. This highlights the strength of Aboriginal decision- The KLC Board is comprised of 30 making in the Kimberley. Indigenous directors representing most native title claim groups in the We would like to thank our employees for their hard work, dedication and “Kimberley Aboriginal people have always been connected as one mob and continue to work together to improve the lives of all our people.” KLC Co-Chairs 6 I Kimberley Land Council Annual Report 2012 Boardof Directors Co-Chair Tom Birch Co-Chair Frank Davey Special Adviser Special Adviser Special Adviser Special Adviser Balanggarra Bardi Jawi Irene Davey Joe Brown John Watson Joe Davey Bardi Jawi Ngurrara Nyikina Mangala Bardi Jawi Albert Cox Anthony Watson Bonnie Edwards Butcher Wise Dickie Bedford Yvonne Birrell Nimanburru Nyikina Mangala Jaru Kurungal Bunuba Koonjie-Elvire Gordon Smith Inga Pederson Frank Sebastian James Brown Jimmy Tchooga Josey Farrer Wilinggin Dambimangari TOM BIRCH & FRANK DAVEY Yawuru Ngurrara Tjurabalan Ngarrawanji Lee Bevan Lennie Hopiga Mary Tarran Merle Carter Mervyn Street Nolan Hunter Nyul Nyul Karajarri Goolarabooloo Miriwung Gajerrong Gooniyandi Bardi Jawi Jabirr Jabirr Pearl Gordon Phyllis Gallagher Stan Brumby Steven Comeagain Violet Carter Wayne Bergmann Purnululu Malarngowem Lamboo Warrwa Mayala Nyikina Mangala Kimberley Land Council Annual Report 2012 I 7 CEO’s report Native title is the core business of the resource companies wanting to conduct KLC. We were formed as a land rights mining and exploration activities in organisation in 1978 by Aboriginal the resource rich Kimberley. Although people for Aboriginal people and this Traditional Owners have no right to say has never changed. ‘no’ to exploration under the Native Title The 20th Anniversary of the Mabo Act, they have the right to comment and decision was on June 3, 2012 and this negotiate, providing native title groups was a powerful moment in Aboriginal with some protection of their rights and history. interests. Despite the complexities of the native The State Government has also been title process, native title is highly negotiating a Whole of Government symbolic to Kimberley Aboriginal people Indigenous Land Use Agreement with as it provides us with recognition, rights native title claim groups as a way of and interests. simplifying and speeding-up processes around heritage protection, Future The KLC has been successful in achieving Acts and the Kimberley Science and “We want to positive native title outcomes for Conservation Strategy. The KLC is of the ensure the rights Kimberley Aboriginal people and in view that the types of issues proposed to the reporting period, the Federal be included in the Indigenous Land Use and interests Court handed down a native title Agreement, would usually be discussed determination to the Karajarri and in a post-determination environment of Kimberley Nyangumarta communities across when the native title rights and interests shared country near 80 Mile Beach in are clearly defined for all parties. Aboriginal people Western Australia. These are just some examples of why are respected and We have also been working hard to native title is important and the KLC progress native title claims in the has been working to progress as many that Traditional Kimberley. At the end of the reporting claims as possible towards a successful period we had two native title claims determination. We want to ensure Owners are awaiting State Government Cabinet the rights and interests of Kimberley approval for a consent determination Aboriginal people are respected and put in the best and four other claims that were that Traditional Owners are put in the possible position significantly advanced towards a consent best possible position to make informed determination. These claims include decisions about what happens on their Balanggarra Combined, Balanggarra country. to make informed #3, Uunguu B, Ngurrara B, Gooniyandi decisions about and Bunuba. The KLC remains hopeful Native title can also be used to create we can achieve native title consent sustainable conservation