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 economies and what happens on determinations for these groups in this is another aspect our organisation the near future as some of them have has been focusing on, as a way to their country.” been waiting more than a decade to provide Kimberley Aboriginal people be recognised as the rightful owners of with opportunities to enter into the their traditional country. modern economy. We have been Nolan Hunter, working with Traditional Owner groups Native title is becoming more important for the past four years on the North KLC CEO than ever in today’s society, as it Kimberley Fire Abatement Project, provides Traditional Owners with the which uses traditional techniques right to negotiate with third parties and knowledge to carry out savannah wanting to conduct activities on their burning as a way to reduce greenhouse country. gas emissions. In the reporting period, the KLC received an increase in Future Act notices from
8 I Kimberley Land Council Annual Report 2012 Traditional Owners can then sell Native Title is a long and complex the emissions saved to industry and process and many groups in the the income generated can be used Kimberley have been waiting their entire to support conservation activities. lives to be recognised as the Traditional Traditional Owner groups and Owners of their country, as it not Indigenous rangers are in the final stages only provides Indigenous people with of preparing this project for commercial rights but can also be used to create operation. opportunities. The Kimberley Ranger Program Into the future the KLC is looking continues to be a successful model forward to another exciting year, with for conducting conservation and land high expectations to achieve several management activities on country. In successful native title determinations the reporting period, the KLC worked while working to progress other to further expand this model through claims to the final stages. We will also creating an International Ranger continue to pursue activities that look Network with other Indigenous groups after country through Indigenous from across the world, so we can work conservation and land management together to tackle environmental outcomes while continuing to work with challenges on a global scale. our members and Kimberley Aboriginal KLC Directors and staff members people to achieve their aspirations. advanced the International ranger The KLC will also continue to lobby State concept at the International Funders and Federal Governments on Indigenous for Indigenous People Conference in issues, including agreement-making, San Francisco. The KLC will continue to land and sea activities and native title. work on creating an international ranger It has been 20 years since the historic alliance into the future. Mabo decision and I hope that in the In the reporting period, the Indigenous next 20 years Aboriginal people can cultural values of the Kimberley were continue to work with the State and National Heritage Listed, cementing Federal Governments to improve the the region as a strong and significant native title process, so we can see Aboriginal place. more native title claims determined by This was a historic decision that was consent and in a timely manner. driven by Kimberley Aboriginal people and facilitated by the KLC. The National NOLAN HUNTER Heritage Listing area is more than 50 per cent Indigenous-owned or controlled and almost 100 per cent covered by native title claims or determinations. Kimberley Aboriginal people wanted to participate in National Heritage Listing because they wanted to see their culture protected into the future. The Kimberley Land Council continues to be a member of the National Native Title Council, of which I am the Chair. We continue to work with this organisation to progress native title across the country, have input into native title policy and to influence legislative amendments to the Native Title Act.
Kimberley Land Council Annual Report 2012 I 9 10 I Kimberley Land Council Annual Report 2012 Our Organisation
Kimberley Land Council Annual Report 2012 I 11 Kimberley Land Council
The Kimberley Land Council was borne out of the epic land rights battle in 1978, when Kimberley Aboriginal people travelled to defend sacred sites at Noonkanbah from plans by the Western Australian Government and international mining company AMEX, to explore and drill for oil. The KLC was formed by Aboriginal people for Aboriginal people, and is one of the three peak Indigenous organisations in the Kimberley working with Traditional Owners to protect and strengthen land, law, culture and language. Kimberley Aboriginal people have been strong advocates for land rights since the inception of the KLC in 1978. The KLC was recognised in May 2000 as the Native Title Representative Body for the Kimberley region in Western Australia pursuant to s203AD of the Native Title Act 1993, (Cwth) (NTA). In 2007, the KLC’s role as the Native Title Representative Body for the region was extended for a further six years. Our Native Title Representative Body operations are funded by the Land Branch of the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA). Other activities of the Kimberley Land Council are supported by State and Federal Governments, philanthropic organisations, and through self-generated income. The KLC is incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 and operates under the Native Title Act (1993).
Kulumburu
Wyndham
Kununurra
Warmun Derby
Broome Fitzroy Crossing Halls Creek Darwin
Broome
WESTERN AUSTRALIA
Perth Sydney
12 I Kimberley Land Council Annual Report 2012 Land Council Role & Functions
NTRB - LEGISLATION Corporate in relation to establishment, provide advice to native title holders meeting assistance, expert advice, and claimants while informing them of The KLC provides native title services resources, governance and compliance relevant time limits in which to respond to Kimberley Aboriginal people. The matters. to any such notices. following primary functions of the organisation are prescribed by the There is a high level of demand for The KLC also has its own internal Native Title Act 1993 (Cth): the KLC to provide assistance in the notification process for informing native post-determination environment as title holders and claimants of any claim Registered Native Title Bodies Corporate group meeting. The KLC endeavours to FACILITATION & have limited capacity and resourcing to keep extensive and up-to-date claim ASSISTANCE carry out its functions. group member lists and contact details. Native title holders and claimants are The KLC strives to provide its clients with notified of claim group meetings through the highest standards of representation CERTIFICATION posted and hand-delivered letters, for achieving positive native title emails, phone calls and the posting of outcomes. In the reporting period, the In line with its responsibilities, the notices on public boards throughout the KLC worked with native title claimants, KLC certifies native title applications Kimberley. native title holders and Registered for determination of native title and Native Title Bodies Corporate (PBCs) applications for the registration of Indigenous Land Use Agreements. to prepare and progress native title AGREEMENT-MAKING applications while providing facilitation and representation to our clients in The KLC represents all native title claim the mediation and negotiation of DISPUTE RESOLUTION - groups and facilitates negotiations for agreements. MEDIATION agreement-making with third parties in relation to native title. The KLC has In doing this, the KLC meets its The process for achieving successful been extremely successful at negotiating requirements as a Native Title native title determinations affects positive agreements, such as Indigenous Representative Body to: all Traditional Owners, who must Land Use Agreements, Native Title • Research, prepare and progress prove they have a deep and unbroken Agreements and State Agreements on native title applications connection to country. This process behalf of Traditional Owners. often raises difficult questions for native • Represent and facilitate title claimants and can cause conflict consultations, mediation, and disputes about fundamental claim negotiation and proceedings relating INTERNAL REVIEW issues such as claim boundaries and to native title applications such as The KLC has a Grants Committee that who the correct apical ancestors are for Future Acts, Indigenous Land Use assesses new applications for native a particular claim group. Disputes often Agreements (ILUAs) and any other title claim assistance. The Committee arise, where the Native Title Act is in native title matters. which is comprised of Board members conflict with traditional law and customs. assesses each application before making As a result, the KLC is called upon to a decision. If an application is rejected, assist in resolving these disputes. During ASSISTANCE the KLC gives clear written reasons for the reporting period, the KLC worked the decision. Applicants can have the During the 2011-2012 reporting period, with several native title claim groups to decision reviewed by the KLC’s Review the KLC provided legal, research and resolve such issues through consultation, Committee which is made up of the mediation assistance to the 29 native negotiation and mediation. title claims within the Kimberley region. KLC Chairperson and four Directors It is the KLC’s policy to endeavour to (who were not on the original Grants All native title claims, which the KLC resolve disputes relating to Native Title Committee). provides facilitation and assistance to, Applications by consultation at claimant The Review Committee assesses the are important. However, as resources do meetings and in the course of claim application and determines if the not permit all claims to be progressed preparation. at the same time, the KLC assesses its decision made by the Grants Committee priorities, which in turn determines the was fair and proper. If the applicants direction of organisational activities. NOTIFICATION are still not satisfied, they can request The prioritisation of claims is informed to have the decision reviewed under The KLC ensures that native title holders by, but not limited to, resourcing the Administrative Decisions (Judicial and claimants are informed about considerations. Review) Act, 1977 (ADJR), and s203FB of any Future Act notices received which the Native Title Act (1993). The KLC also provided assistance to a could potentially affect native title number of Registered Native Title Bodies rights and interests. The KLC works to
Kimberley Land Council Annual Report 2012 I 13 Organisational Structure
KLC Executive Board
Chief Executive Officer
Regional Finance Unit Corporate Legal Unit Native Title Land & Sea Services Services Unit Management Unit Solutions Unit
* As at June 30, 2012
14 I Kimberley Land Council Annual Report 2012 Executive roles & responsibilities The KLC Board of Directors provides at least four times a year to set the Institute of Company Directors leadership and direction to the direction of the organisation. Directors Conference to gain further knowledge in organisation and ensures it operates are elected to the Board every two Indigenous governance. properly and fairly on behalf of all its years, with the next election to be held The KLC took a contingent of six members. in September 2012. Directors, staff members and the Bardi At the end of the reporting period, the Jawi dancers to San Francisco in May Board of Directors was comprised of 2012 to attend the International Funders 30 people representing the majority DIRECTOR TRAINING & for Indigenous People Conference. of native title claim groups across the DEVELOPMENT The KLC attended this event to Kimberley. Included on the Board are In June 2012, some KLC Directors start discussions about forming an four special advisers that work with attended the National Native Title international ranger alliance with other directors, members and Traditional Conference in Townsville and took part Indigenous people across the world. Owners to provide their expert cultural in a variety of sessions addressing the Formal governance training provided advice and offer support and guidance. current issues and trends in native title. through FaHCSIA for the KLC Executive Tom Birch and Frank Davey are the Co- During the reporting period, several Board was planned to be held within Chairs of the KLC and the Board meets Directors also attended the Australian the reporting period. However, due to
DIRECTOR MEETING ATTENDANCE
KLC Board of Directors Attendance July 2011 to June 2012 Executive Director No. of meetings (out of 4) Tom Birch 3 Anthony Watson 4 Bonnie Edwards 4 Butcher Wise 2 Dickie Bedford 3 Yvonne Birrell 3 Frank Davey 2 Frank Sebastian 3 Gordon Smith 0 Inga Pederson 0 James Brown 1 Jimmy Tchooga 0 Josey Farrer 3 Lee Bevan 1 Lennie Hopiga 4 Mary Tarran 3 Merle Carter 4 Mervyn Street 3 Nolan Hunter 4 Pearl Gordon 2 Phyllis Gallagher 3 Stan Brumby 1 Steven Comeagain 1 Trevor Cox *resigned on 14/3/2012 1 Violet Carter 3 Wayne Bergmann 4 Albert Cox *commenced 14/4/2012 1 Special Adviser: Irene Davey 4 Joe Brown 4 Joe Davey 4 John Watson 2
Kimberley Land Council Annual Report 2012 I 15 Corporate Governance
CORPORATE GOVERNANCE Chartered Accountant and forms part of STRATEGIC & the KLC’s senior management team. The KLC has an effective corporate OPERATIONAL PLANS governance structure that enables the The senior management team meets The KLC is guided by the 2011-2016 organisation to deliver on its mandate regularly to review progress and ensure Strategic Plan which sets out the and achieve native title outcomes for any upcoming or potential issues are organisation’s long-term goals and Kimberley Aboriginal people. dealt with to reduce any financial or strategies, in line with our vision and operational risk. The KLC conducts regular corporate values. It also defines our overall governance planning at both a strategic The KLC acknowledges the support strategy for achieving native title and and operational level to ensure our of FaHCSIA and other funding bodies other outcomes for Kimberley Aboriginal organisation carries out its mission, which support the KLC on operational people. vision and values. Regular reporting and activity-based programs. However, The KLC Operational Plan 2011-2012 to our Board of Directors, members, the KLC continues to struggle to reduce sets out the short-term goals our partners, funding bodies and staff ever-increasing costs amid a lack of organisation aims to achieve within ensures key stakeholders are kept resources. Holding on-country meetings the reporting period. It is a tool for informed and our organisation remains and providing travel and accommodation managing native title and other on track to achieve its strategic goals. arrangements for Traditional Owners, activities, in line with the KLC’s Policy Directors and staff, is becoming Stringent financial and operational and Procedures Manual and our funding increasingly challenging particularly procedures are maintained and applied requirements. when working in the extremely remote to make sure the organisation is parts of the Kimberley. The KLC’s outputs were generally effectively managed. The KLC employs completed in accordance with the a Chief Financial Officer, who is a performance targets set out in the
EXECUTIVE MANAGEMENT The Kimberley Land Council Management team is responsible for the management of staff and organisational performance. The Chief Executive Officer of the Kimberley Land Council, Nolan Hunter heads the management team Jacki Cole Erika Blades Rachel Townes-Vigh Principal Legal Officer Native Title Manager Corporate Services and is responsible for the day-to- Manager day operational and administrative management of the KLC. This includes overseeing the operations of the corporate services, Nolan Hunter financial, legal, land and sea CEO management and native title services units. The CEO is the interface between the Board and KLC staff. Sue Humphries Ariadne Gorring Christine Robinson Chief Financial Officer Land & Sea Manager Regional Solutions Unit Manager
16 I Kimberley Land Council Annual Report 2012 Operational Plan. In some cases, our other respondents to be satisfied the organisation. The KLC also retains an target were completed in advance. burden of proof on connection had been Auditor to assist the organisation with For instance, a number of new native met. financial management, compliance and title applications were advanced in As a result of the State Government no risk analysis. the reporting period, including for longer providing a position paper on The management team meets regularly unclaimed country identified as Bunuba, connection, respondents now directly to review progress and identify Gooniyandi, Ngurrara and the Dampier request evidence on connection from upcoming issues and provides regular Peninsula. claimants. Delays have also occurred in reports to the Board. The KLC is pro- The KLC experienced some difficulty obtaining land tenure information. active in identifying potential financial in achieving some of the targets as a and operational issues to ensure number of external factors hindered our appropriate courses of action are taken ability in which to do this. Completion of PLANNING & REPORTING to minimise or exclude those risks. performance outputs was significantly The Kimberley Land Council Strategic The KLC also has an internal audit assisted when all parties adopted a Plan 2011-2016 guides the organisation’s committee to ensure proper controls position in favour of mediation and long-term focus and direction. The are in place, consider any matters negotiation rather than litigation. KLC’s yearly Operational Plan sets relating to KLC financial affairs, review Mediation is our preferred approach but performance targets and goals to ensure procedures relating to risk management, in some instances the KLC has not met the KLC carries out its mission statement and monitor external service providers. performance targets as a result of delays and vision. The KLC Management Members of the internal audit in the mediation process. team has monthly meetings to provide committee are appointed by the Board These delays are a direct result of the regular updates on operations as and include a Chair (who is a Certified State Government of Western Australia well as strategic planning meetings Practising Accountant or equivalent), spending a long time formulating a new in which to review performance and the Chief Financial Officer, the Corporate approach to native title claims. During track achievements. The KLC provides Services Manager and another staff this time, the key focus of the State progress reports to FaHCSIA three times member that is not the CEO. Government was the advanacement of a a year. Whole of Government Indigenous Land Use Agreement. ETHICAL STANDARDS SALARY LEVELS & AWARDS All Kimberley Land Council employees The State Government has assured that are required to maintain high standards a determination of native title is not Remuneration of all KLC staff members, of honesty, integrity and respect while dependent on the Whole of Government inlcuding the senior management behaving in an appropriate and fair Indigenous Land Use Agreement being team, is determined by the Kimberley manner. signed; however it has been a priority Land Council Enterprise Bargaining of the State for all parties involved in Agreement 2011-2013. Salary scales Employees also conduct their work in mediation to be presented with and within the document relate to a accordance with the ethical standards consider the Government Indigenous performance assessment scheme and relevant to their particular professions Land Use Agreement. This influences staff performance is reviewed on an and codes of conduct. The KLC Policy the progress of mediation for a consent annual basis. and Procedures Manual and the determination. KLC Code of Conduct contain staff performance guidelines. The process for accepting connection RISK MANAGEMENT has also been significantly altered The KLC has maintained and applied with the State Government no longer stringent financial and operational providing a position paper on connection procedures to ensure that adequate for respondent parties. In the past, information is available for the effective it was considered that acceptance of management of the organisation. The connection by the State Government, KLC employs a Chief Financial Officer, as a model litigant in the native title who is a Qualified Chartered Accountant, process, was a reasonable basis for all to manage the financial affairs of the
Kimberley Land Council Annual Report 2012 I 17 Corporate Governance Continued
EXTERNAL SCRUTINY COMPLAINTS The State Government had started an The KLC received nine general external audit of the Kimberley Land complaints in the reporting period. Eight Council’s Regional Solutions Unit within of these complaints have been resolved the reporting period. It is expected in accordance with our complaints this audit will continue into the next process outlined in the KLC Policy and reporting period. Procedures Manual. One complaint is An annual financial audit was conducted still pending. by UHY Haines Norton and can be found in the Financial Statements section of this annual report. NATIVE TITLE DISPUTES It is the KLC’s policy to endeavour to There were no judicial or administrative resolve all disputes relating to native tribunal decisions in relation to the KLC title applications by consultation at during the reporting period, other than claimant meetings and during the course legal decisions that affected native title of claim preparation. decisions generally. There were no formal disputes relating to native title applications, Indigenous SERVICE CHARTER Land Use Agreement or rights of access STANDARDS reported in 2011-2012. The KLC has no service charter or Further information was requested customer service standards, but uses regarding a decision by the Native Title a process of complaints management Grants Committee on an application for instead. native title assistance. A complaint on the decision was made, but no formal Detailed information on how a complaint appeal to the decision was submitted. can be made and managed is publically Assistance was provided for the available and can be found on the KLC applicant to meet with the KLC Board website at www.klc.org.au. to resolve the complaint, however the Written complaints are referred to the applicant sought not to accept the offer. Chief Executive Officer, or delegate for assessment. In cases where it is appropriate to respond, the Chief Executive Officer refers the complaint to an appropriate person to manage the resolution process, allocate a priority response time, and to case manage responses required to deal with the complaint. ACTIVITY SUMMARY
NTRB Activity Summary Complaints & Disputes Complaints Received 9 Resolved 8 Pending 1 Disputes Native Title Application disputes 0 Disputes relating to ILUAs, rights of access & other matters 0 Requests for review of decisions not to assist Requests Received 0 Completed 0
18 I Kimberley Land Council Annual Report 2012 Human Resources
WORKFORCE PLANNING & INDEMNITY INSURANCE KLC ENTERPRISE STAFF RETENTION KLC officers are covered for professional BARGAINING AGREEMENT The KLC conducts regular planning indemnity under the Aboriginal The KLC Enterprise Bargaining sessions with the Board, the Association Liability (Professional Agreement is current and is valid from Management team and staff members. Indemnity) policy to the value of $10 2011-2013. Information from these meetings assists million. in setting out planning programs for the year, informs staff of unit updates WORKPLACE HEALTH & and issues and assists in reviewing LEARNING & SAFETY organisational performance outcomes. DEVELOPMENT There were no reported issues during The KLC is based in Broome in the The KLC values its staff members and the reporting period. The KLC continually Kimberley and has two sub offices in recognises the importance of skills works to improve Occupational Health Derby and Kununurra, as well as many development. The KLC encourages and Safety standards for staff and satellite offices across the region. As a employees to engage in professional apart from meeting all regulations, result, the KLC regularly conducts staff development courses and activities and our organisation offers a number of recruitment campaigns to attract staff our training register reflects a mixture of additional services. These services to the region while providing a positive internal and external training. include providing 4WD training for new and rewarding working environment for During the reporting period staff staff members to ensure safety while current employees as a way to retain engaged in learning and development travelling as well as First Aid Training. staff members. opportunities provided by our The KLC experienced a staff turnover partnership with the Aurora Project of 36 per cent in the reporting period, which offers training focused on all CONSULTANTS, of which 15 per cent was due to aspects of native title. COMPETITIVE TENDERING staff contract expiries and project A contingent of Board members and KLC & CONTRACTING completions. The turnover at the KLC employees attended the National Native The KLC awarded 112 Native Title was relatively high but was due to the Title Conference in Townsville. The KLC Representative Body consultancy closure of the Agreements Unit and the also had high staff attendance rates to contracts in the 2011-2012 reporting Regional Solutions Unit – which closed courses offered on Conflict Management period at a total cost of $6,755,711. at the end of the reporting period. Staff and Contracts Management. Consultants were contracted to members were either redeployed within undertake a range of services for the KLC the organisation or accepted contracts including providing legal advice, expert working with employers associated with anthropology, cultural services and other these projects. services.
ACTIVITY SUMMARY STAFF NUMBERS
KLC staff at June 30 2012 Female 56 Male 44 Indigenous 37 Non-Indigenous 63 NTRB 34 Non-NTRB 66 Total 100
Kimberley Land Council Annual Report 2012 I 19 20 I Kimberley Land Council Annual Report 2012 Performance Report
Kimberley Land Council Annual Report 2012 I 21 Native Title Climate
INTRODUCTION process, would usually be discussed charitable venture. KRED Enterprises in a post-determination environment represents the economic arm and seeks The KLC has been extremely successful when native title rights and interests are out and develops business and job in achieving positive native title clearly defined for all parties involved in opportunities for Kimberley Aboriginal outcomes for Kimberley Aboriginal the negotiating process. Negotiating land people on behalf of the Foundation. people. To date, more than 65 per cent use and access arrangements before a of the Kimberley is determined native In the reporting period, the KLC native title determination significantly title land. During the reporting period, contracted KRED Enterprises to provide a weakens the position of native title the KLC successfully achieved a consent range of services including negotiations claimants. determination for the Yawinya native for commercial agreements with mining title claim and progressed two native The KLC has spent a significant amount companies and conducting on-country title claims to the pre-determination of time and resources in working with heritage surveys. stage, with these claims currently native title holders and claimants on Under this arrangement, the KLC, in awaiting State Government approval. the proposed Whole of Government line with its function as a Native Title The KLC is extremely concerned Indigenous Land Use Agreement, Representative Body, remains a party about the State Government’s current to ensure they are informed and to negotiations and a representative approach to the native title process as represented. of native title claimants. It is up to it is causing further delays to an already In the next reporting period, the KLC individual claim groups if they use the lengthy process. The KLC has met with will continue to meet with the State services of KRED Enterprises or not. the State Government to discuss our Government to discuss this proposal and concerns and work towards resolving raise the concerns of native title holders these native title claims towards consent and claimants. Heritage Clearances determinations. The KLC has experienced a significant increase in the number of Future Act SIGNIFICANT EVENTS & notices received on behalf of Traditional WHOLE OF GOVERNMENT CHANGES Owner groups, as a result of companies ILUA Organisational capability wanting to explore or mine resource-rich The West Australian State Government country in the Kimberley. The KLC has has proposed a Whole of Government KRED Enterprises limited resources and staffing capacity Indigenous Land Use Agreement as a The KLC established charitable ventures, to keep up with the demand for heritage way of simplifying and speeding-up the Ambooriny Burru Foundation and clearances required under the Future processes around heritage protection, KRED Enterprises, to facilitate Kimberley Acts process. Due to inadequate funding Future Acts and the Kimberley Science Aboriginal people’s engagement in the the KLC has had no alternative but and Conservation Strategy. In the expanding regional economy. to contract out its heritage clearance reporting period, the State Government function to Environmental Heritage The KLC, in establishing these conducted consultations and and Social Impact Services (“EHSIS” is organisations, is fulfilling the long-term presentations with native title holders a wholly-owned subsidiary company of vision of Kimberley Aboriginal people and claimants about the proposed KRED Enterprises), as it has the ability to to get control of their future through Indigenous Land Use Agreement. effectively provide this service. It is up increased opportunities and economic to individual claim groups if they wish to The KLC is of the view that the types independence. use Environmental Heritage and Social of issues proposed to be included in Ambooriny Burru is the peak foundation Impact Services or not. the Indigenous Land Use Agreement and represents the social arm of the
22 I Kimberley Land Council Annual Report 2012 Climate
Regional Solutions Unit The Regional Solutions Unit was set- up in 2009 to represent and assist the Goolarabooloo Jabirr Jabirr native title claimants undertake negotiations for an LNG processing facility on the Kimberley Coast. The Kimberley Land Council and the Western Australian State Government entered into a Financial Assistance Agreement on October 8, 2009 to resource the KLC so it could assist Traditional Owners participate in the process. On June 30, 2011, the Browse LNG Precinct Project Agreement (and other associated agreements) was executed by the Goolarabooloo Jabirr Jabirr native title claim group, the State Government of Western Australia, Woodside and other relevant parties. On June 30, 2012, the State Government ceased funding for all activities of the Regional Solutions Unit except the finalisation of matters relating to the Regional Body. The State Government has argued that all the activities related to the Browse LNG development, requiring input from the KLC have been completed or transferred to other entities established under the Project Agreements. This is disputed by the KLC. The KLC closed the Regional Solutions Unit at the end of the reporting period. All staff members were redeployed within the KLC or started work with other employers associated with the project. During the reporting period, the KLC successfully fulfilled its obligations as required under the Project Agreements, as solicitor on record representing the Goolarabooloo Jabirr Jabirr native title claim group.
Kimberley Land Council Annual Report 2012 I 23 Native Title Claim Updates
EAST KIMBERLEY Future Act developments There has been a medium level of exploration activity during the reporting JARU period with several companies looking Native title claim progress for uranium deposits. The Jaru claim was registered with the National Native Title Tribunal on March LUMUGAL 16, 2012. The claim covers an area north of the Tanami desert and south of Halls Native title claim progress Creek. The Lumugal claim was registered with The KLC received instructions in October the National Native Title Tribunal on 2011 to lodge the new Jaru claim. The February 17, 2006. The claim was lodged Jaru claim is comprised of the Lamboo in response to a Future Act application native title claim as well as unclaimed and covers an 11 square kilometre area country in the East Kimberley to the between the O’Donnell Range, the south of Halls Creek. Ragged Range, the Evelyn Range and the Pitt Range. Research for this claim will commence in the future. The KLC conducted little work on this claim during the reporting period, as lodging the nearby Jaru claim was Future Act developments deemed a high priority by the KLC Board, and resources were allocated There has been a high level of accordingly. exploration applications within the reporting period. The KLC is currently negotiating Heritage Protection Future Act developments Agreements with several companies for the granting of exploration tenements No new exploration or mining for gold, oil and rare earths. applications were received during the reporting period.
KOONJIE-ELVIRE MARLARNGOWEM Native title claim progress Native title claim progress The Koonjie-Elvire claim was registered with the National Native Title Tribunal The Marlarngowem claim was registered on November 15, 1999. The claim covers with the National Native Title Tribunal an area of land north of Halls Creek on February 4, 2000. The claim covers and south of Kununurra in the East an area north east of Halls Creek and Kimberley. towards Warmun. The KLC conducted little work on this The KLC began discussing the concept claim during the reporting period, of having one large claim area instead as lodging the nearby Jaru claim was of a number of smaller ones with the deemed a high priority by the KLC Kija people in 2005. Since then, the Executive Board, and resources were KLC has been considering research and allocated accordingly. begun the consultation work required to inform Traditional Owners of how to best progress native title in the East Kimberley region
24 I Kimberley Land Council Annual Report 2012 Future Act developments PURNULULU NORTH KIMBERLEY There has been a medium level of Native title claim progress exploration applications received in The Purnululu claim was registered on the reporting period with resource BALANGGARRA COMBINED March 27, 1995 and was subsequently companies looking to explore for gold & BALANGGARRA # 3 amended and re-registered on October and nickel. Pindan, the exploration arm 15, 1999. The claim covers Purnululu Native title claim progress of Savannah Nickel Mine, is conducting National Park in the East Kimberley. further on-ground exploration work. In The Balanggarra native title area is the reporting period, four exploration During the reporting period, the KLC covered by two claims: Balanggarra tenements were granted and the KLC is prioritised other work in the East Combined which was registered with in the process of negotiating 10 Heritage Kimberley, such as the new Jaru claim, as the National Native Title Tribunal on Protection Agreements on behalf of the directed by the KLC Board. As such, there December 9, 2004 and Balanggarra #3 Marlarngowem claim group. was limited focus given to this claim. The which was registered on August 28, KLC has been researching various native 2000. These claims cover a vast area title options and will receive further of land across Kalumburu, Wyndham NGARRAWANJI advice on how to best progress claims and a significant portion of the North in the East Kimberley to a successful Kimberley. These claims are being Native title claim progress determination of native title. progressed concurrently. The Ngarrawanji claim was registered The KLC has been working with the State with the National Native Title Tribunal Government for a number of years and on June 25, 1996. The area covers Moola Future Act developments hopes to reach agreement on a native Bulla pastoral lease and some small There has been a low-level of new title consent determination in the near areas of unallocated crown land around applications for mining tenements in this future. Halls Creek. claim area. There have been long delays in finalising The KLC began discussing the concept these claims due to the complexities of having one large claim area instead of land tenure across the area. In of a number of smaller ones with the YURRIYANGEM TAAM addition, a significant amount of time Kija people in 2005. Since then, the Native title claim progress and resources were spent in providing KLC has been considering research and the Balanggarra people with information begun the consultation work required The Yurriyangem Taam claim was and advice regarding the proposed to inform Traditional Owners of how registered with the National Native Whole of Government Indigenous Land to best progress native title in the East Title Tribunal on October 29, 2010. The Use Agreement. Kimberley region. claim is comprised of unclaimed Kija The KLC has been assisting the country located north-east of Fitzroy Balanggarra people set-up a corporate Crossing towards Kununurra in the East entity, with an appropriate governance Future Act developments Kimberley. structure to be the Registered Native There was a medium level of new The KLC is currently investigating ways Title Bodies Corporate (PBC) for when applications for exploration tenements to progress native title claims in the East the native title claim is determined. which were granted in the reporting Kimberley region in the best possible period. There is currently no active way. exploration happening on Ngarrawanji Future Act developments country. There was a low-level of new Future Act developments applications for exploration tenements There has been a low level of Future within the reporting period. Act activity, despite resource companies having numerous exploration tenements across this area.
Kimberley Land Council Annual Report 2012 I 25 Native Title Claim Updates Continued
WANJINA WUNGGURR General Meetings on June 1, 2012. determination areas, to ensure positive UUNGUU & working relationships between the groups. WANJINA WUNGGURR Future Act developments UUNGUU B Other than a new pearl farming lease Future Act developments Native title claim progress being granted, there was a low level of Future Act activity within the reporting There has been a low level of new There are two native title claims across period across Uunguu country. Future Act activity within the reporting Uunguu country. The first, Wanjina period across Dambimangari country. Wunggurr Uunguu was determined on May 23, 2011. The Wanjina Wunggurr Additional Activity Uunguu B claim was lodged in April The KLC has undertaken significant Additional Activity 2011. work with the Wanjina Wunggurr The State Government announced its The Wanjina Wunggurr Uunguu B claim Uunguu people to inform Traditional Kimberley Science and Conservation is finalised and awaiting final approval Owners about the proposed Whole Strategy in June 2011, and in the from the State Government which is of Government Indigenous Land reporting period the KLC has been needed before there can be a consent Use Agreement. It is a complex working with the Dambimangari determination hearing. As the Federal Indigenous Land Use Agreement that people to negotiate joint management Court of Australia has provisionally listed has the potential to affect native title agreements as part of the creation this claim for a consent determination rights and interests for the Wanjina of State Government marine and in October 2012, the KLC is hopeful Wunggurr native title holders. The KLC conservation reserves. The Camden of securing a successful outcome for will continue to assist this group and Sound Marine Park was officially created the Uunguu B claim within the next neighbouring tribes in discussions about on June 16, 2012. The KLC will continue reporting period. the Indigenous Land Use Agreement, as to negotiate with the State Government The Wanjina Wunggurr Uunguu well as continuing negotiations with the on behalf of Traditional Owners in determined native title claim area is State Government. relation to native title rights and managed by the Wanjina Wunggurr interests and Indigenous involvement in Prescribed Bodies Corporate (WWPBC). managing country. The Wanjina Wunggurr Prescribed WANJINA WUNGGURR Bodies Corporate now manages the DAMBIMANGARI WANJINA WUNGGURR native title interests of the Wanjina Native title claim progress Wunggurr Uunguu, Wanjina Wunggurr WILINGGIN The Wanjina Wunggurr Dambimangari Dambimangari and Wanjina Wunggurr Native title claim progress Wilinggin determined areas. native title claim was determined on May 26, 2011. This determination area The Wanjina Wunggurr Wilinggin native The KLC has also undertaken the is managed by the Wanjina Wunggurr title claim was determined on December drafting of an agreement in relation Prescribed Bodies Corporate (WWPBC), 8, 2003. The claim covers more than 60, to governance and decision-making which now manages the native title 150 square kilometres of country across structures between the Wanjina interests of the Wanjina Wunggurr the Gibb River Road. Wunggurr Prescribed Bodies Corporate Uunguu, the Wanjina Wunggurr and the three individual administrative This determination area is managed Dambimangari and the Wanjina corporations which are representative of by the Wanjina Wunggurr Prescribed Wunggurr Wilinggin determined areas. the three determination areas, to ensure Bodies Corporate (WWPBC), which now positive working relationships between The KLC drafted an agreement in manages the native title interests of the groups. relation to governance and decision- the Wanjina Wunggurr Wilinggin and making structures between the Wanjina the neighbouring Wanjina Wunggurr The KLC assisted the Wanjina Wunggurr Wunggurr Prescribed Bodies Corporate Uunguu and Wanjina Wunggurr Prescribed Bodies Corporate hold and the three individual administrative Dambimangari claims. director meetings throughout the corporations which represent the three reporting period as well as its Annual
26 I Kimberley Land Council Annual Report 2012 The KLC drafted an agreement in Peninsula Plan is: Healthy country, relation to governance and decision- healthy people. Culturally, socially, making structures between the Wanjina environmentally and economically Wunggurr Prescribed Bodies Corporate strong. and the three individual administrative The KLC is now assisting Dampier corporations representing the three Peninsula Traditional Owners to seek- determination areas, to ensure positive out funding to implement the Dampier working relationships between the Peninsula Plan. groups.
Future Act developments DJABERA DJABERA There has been a moderate level of new Native title claim progress applications for exploration and tourism The Djabera Djabera claim was activities within the reporting period. registered with the National Native Title Tribunal on October 8, 1996. The claim covers an area to the south and west of DAMPIER PENINSULA Beagle Bay. At a meeting in December 2011, the ALL CLAIMS KLC was instructed to amend the claim boundary and conduct mapping research Native title claim progress to form part of the claim boundary The Dampier Peninsula is located along application. Unfortunately, during the the north west coast of the Kimberley reporting period the mapping research and is home to seven different native was delayed due to reasons outside the title claims. KLC’s control. As a result, the Djabera Djabera claim boundary is yet to be The KLC has been working with all amended, however the KLC is continuing groups that hold, or may hold native to work with claimants to resolve these title across the Dampier Peninsula. issues. This has included undertaking further anthropological research across the The KLC also undertook further area and conducting meetings with anthropological research and held Traditional Owners. strategic legal meetings to consider the possible formation of either single or multiple claims in the Middle Dampier Additional Activity Peninsula area. The KLC has been working with Traditional Owners on the Dampier Peninsula Plan which was endorsed Future Act developments in April 2012 and details actions for There has been minimal Future Act future land use planning, land tenure activity within the reporting period. reform, access management, service The KLC received one new application delivery and infrastructure, governance, for exploration and is currently in economic development, ranger the process of negotiating a Heritage services, heritage and conservation and Protection Agreement on behalf of the implementation. Djabera Djabera claim group. The overarching vision of the Dampier
Kimberley Land Council Annual Report 2012 I 27 Native Title Claim Updates Continued
GOOLARABOOLOO Strategic Assessment process and Benefits Agreement. At the end of the JABIRR JABIRR secured a commitment from the reporting period, the constitution of State Government that there will be the Regional Body had not yet been Native title claim progress no further LNG development on the approved and was awaiting finalisation The Goolarabooloo Jabirr Jabirr claim Kimberley Coast, other than the Browse from the State Government and was registered with the National Native LNG Precinct at James Price Point, Woodside. An interim board had been Title Tribunal on October 29, 1999. The without Traditional Owner consent. selected and had held its first meeting. claim covers an area of the Dampier The benefits package set out in the Peninsula. Agreements provides Kimberley Additional Activity Due to internal issues within the Traditional Owners with a meaningful Goolarabooloo Jabirr Jabirr native title stake in the Browse LNG Project and is A Federal Court ruling awarding costs claim group, there has been a significant designed to ensure the maximisation payable to the KLC by Joseph Roe, amount of contested litigation in recent of economic and social benefits from following his unsuccessful Federal Court years. This has been further exacerbated the development. It also provides for challenges in 2010 and 2011 were by the fact the Goolarabooloo Jabirr participation of Traditional Owners in settled by mediation in early 2012. The Jabirr native title claim group is a party the management of the socio-economic costs awarded to the KLC were settled at to the Browse LNG Precinct Project and environmental impacts. $200,000. Agreements with the State Government, At the end of the reporting period, Woodside, and other parties relating no benefits had been paid, although to the proposed LNG processing facility some funding had been advanced MAWADJALA GADJIDGAR at James Price Point. As a result, the to the Goolarabooloo Jabirr Jabirr (POINT TORMENT) KLC has invested a substantial amount administrative body Waardi Limited. This Native title claim progress of time and resources into matters situation was attributable to the lengthy The Mawadjala Gadjidgar claim was associated with this native title claim. negotiations with Woodside and the registered with the National Native Title State Government as well as uncertainty Tribunal on June 23, 2011. The claim within the Goolarabooloo Jabirr Jabirr covers an area across Point Torment in Future Act developments native title claim group. the West Kimberley. On June 30, 2011 the Goolarabooloo During the reporting period, the KLC This claim was lodged in response to Jabirr Jabirr native title claim group worked with the Goolarabooloo Jabirr Future Act pressures at the time. This consented to the taking of land for a LNG Jabirr native title claimants to set-up claim has not been a priority for progress precinct at James Price Point in a historic and incorporate the following entities as in this reporting period. Instead, in multi-billion dollar deal. required under the Browse LNG Precinct accordance with the direction of the KLC The Agreements are between the Project Agreement: Board, resourcing has been focused on Goolarabooloo Jabirr Jabirr native title • Waardi Limited; an administrative the research and development of claims claim group, the State Government, body incorporated to implement the in the Dampier Peninsula area. Woodside, the Broome Port Authority Precinct Project Agreement and the Land Authority of Western Australia (Landcorp). • Guumbarr Limited; incorporated to act as trustee for various funds into As part of the Agreements, a which benefits will be paid under benefits package will be paid to the the Browse Agreements Goolarabooloo Jabirr Jabirr Traditional Owners and to Kimberley Aboriginal • Nyimarr Limited; incorporated to people. investigate ways to take maximum advantage of business opportunities As part of the deal, the Goolarabooloo arising under the project Jabirr Jabirr people have reserved the right to object to the project on The KLC also established a Kimberley environmental grounds under the Regional Body to manage and distribute funds negotiated as part of the Regional
28 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 29 Native Title Claim Updates Continued
MAYALA NIMANBURRU surrounding claim groups and Traditional Owners to discuss ways to progress Additional Activity Native title claim progress the claim to a successful native title The Mayala claim was registered with The KLC engaged a consultant determination. Much anthropological the National Native Title Tribunal on anthropologist in December 2011 research, legal consideration and July 1, 1998. The claim covers the island to undertake fieldwork and produce advice has been provided to the claim and sea area between the Bardi & a report into the connection of the groups and Traditional Owners. Further Jawi determined area and the Wanjina Nimanburru people to country. Since meetings will be held during the next Wunggurr Dambimangari determined then, the KLC has held a number of reporting period. area, in and around the Buccaneer meetings with small Traditional Owner Archipelago. working groups to report back on the The KLC continues to address the intra- anthropological research and discuss the Future Act developments Indigenous issues raised by this claim findings. There were no new formal Future group through mediation and meetings During the reporting period, further Act applications received within the with senior anthropologists and claimant meetings were held with the reporting period. members at a significant resource cost. Nimanburru people to discuss ways The KLC Board has directed no further to progress their native title interests resources be allocated to Mayala in the forward. Shared areas and boundaries WARRWA next reporting period until the intra- were discussed at these meetings along Native title claim progress Indigenous issues are resolved. with anthropological research and legal strategy. Further meetings will be held in The Warrwa claim was registered with the next reporting period. the National Native Title Tribunal on Future Act developments October 13, 2010. The claim covers a small area within Meda Station. This In June 2011, Mayala Traditional Owners claim was lodged in response to Future negotiated an agreement with Pluton Future Act developments Act pressures. Resources for an iron ore mine on Irvine There has been no formal Future Act Island in the North Kimberley. activity within Nimanburru country in A traditional ceremony was held at the reporting period. Future Act developments One Arm Point on October 26, 2011 There were no new formal Future to celebrate the deal which provides NYUL NYUL & Act applications received within the for significant employment, training reporting period. and business opportunities for Mayala NYUL NYUL #2 Traditional Owners. The Agreement Native title claim progress ensures the project will operate to best practice environmental and cultural The Nyul Nyul claim was registered heritage standards. with the National Native Title Tribunal on November 26, 2010. The claim area The KLC oversaw the negotiations includes Beagle Bay and country to the which were conducted by KRED north of the community. Enterprises. As part of the Mining and Co-existence Agreement, KRED A consultant anthropologist undertook Enterprises is authorised to carry out fieldwork across Nyul Nyul country in the implementation functions under late 2011. The findings of this fieldwork the Agreement. The Agreement also have been compiled into a report that provides for a regional fund to support assisted in the preparation of the Nyul Kimberley Aboriginal people through the Nyul #2 native title application which, Ambooriny Buru Foundation and KRED when lodged, will cover unclaimed areas Enterprises. near Beagle Bay. A number of meetings were held in April 2012 with the Nyul Nyul people,
30 I Kimberley Land Council Annual Report 2012 “Kimberley country is alive and strong, and so are the laws and cultures that Traditional Owners have followed for thousands of years.’’ Frank Davey, KLC Co-Chair
DESERT REGION heritage surveys across parts of Ngurrara determination. Given negotiations with country during the reporting period. the State Government have reached Oil, petroleum and coal tenements on a stalemate, the KLC is preparing to NGURRARA, NGURRARA Ngurrara country are considered to be resolve the Nyikina Mangala native B & YI-MARTUWARRA highly prospective. The KLC will continue title claim through litigation. It is hoped NGURRARA to assist Ngurrara claimants with Future the trial will be held within the next Acts into the next reporting period. reporting period. Native title claim progress There are currently three native title claims across Ngurrara country, which NYIKINA MANGALA Future Act developments extends south into the Great Sandy Native title claim progress The Nyikina Mangala claim area, which Desert and north into the river country includes country from Derby to the The Nyikina Mangala claim was south of Fitzroy Crossing. Fitzroy Valley, is resource-rich and registered with the National Native Title is almost completely covered with The first native title claim, Ngurrara, was Tribunal on September 28, 1999. successfully determined on November exploration and mining tenements. At a full claim group meeting in 9, 2007. The second native title claim There has been a high level of Future November 2011, the KLC received Ngurrara B, was registered with the Act applications as well as on-ground instructions to change the Named National Native Title Tribunal on June 30, exploration during the reporting period, Applicant, as a number of the original 2007. The Ngurrara B claim is currently with companies looking for coal, oil, Applicants had either passed away or awaiting formal approval from the State nickel, uranium, gas, mineral sands and were no longer willing to be Applicants. Government and has been provisionally iron ore. listed by the Federal Court for a consent In June 2012, the KLC convened During the reporting period, the Nyikina determination hearing in October 2012. another full claim group meeting to Mangala claim group decided it would The KLC remains hopeful a consent seek instructions to amend the legal not engage with any companies wanting determination hearing will be held description of the Nyikina Mangala to conduct uranium exploration or within the next reporting period. claim group and to discuss proposed mining on its country. Whilst the KLC amendments to the claim area The third native title claim, Yi- is aware there are currently several boundary. At that meeting, the KLC Martuwarra Ngurrara, is a new claim applications for uranium exploration on received instructions to amend the claim which was authorised by the Ngurrara Nyikina Mangala country, it is likely there group description but to leave the claim people at a meeting in October 2011. are more as resource companies do not boundary as is. This claim covers the pastoral areas and have to disclose to the native title party river country of the Ngurrara claimants. The progress of the Nyikina Mangala what minerals it is exploring for. Under The Yi-Martuwarra Ngurrara native title claim has stalled due to the State the Native Title Act, Aboriginal people claim was registered with the National Government’s position in regard to have no power to say “no” to exploration Native Title Tribunal on February 29, connection. The KLC has continued to and no right of veto over mining on their 2012. address the issues raised by the State; land. Instead, they must rely on the good however there remain fundamental will of mining companies to respect their differences in opinion between the KLC decisions. Future Act developments and the State Government in regards The Nyikina Mangala people have There has been a high level of petroleum to connection. The KLC has briefed declined to consult with uranium and onshore gas exploration within legal counsel to work on this claim, companies wanting to explore on their Ngurrara country over the reporting while an expert anthropologist has country as they want to send a clear period. Buru Energy holds a number been contracted to provide evidence in message to industry that they want of current tenements and the KLC, relation to the Nyikina Mangala people’s nothing to do with uranium. on behalf of the Ngurrara people, is connection to the claim area. currently negotiating 10 new exploration The KLC Board passed a resolution applications with this company. Several prioritising the Nyikina Mangala companies had been conducting claim for litigation for a native title
Kimberley Land Council Annual Report 2012 I 31 Native Title Claim Updates Continued
The Nyikina Mangala people have conducted by companies in conjunction TJURABALAN appointed KRED Enterprises to provide with Traditional Owners. A new pearling advice and support in dealing with the lease was also granted within the Native title claim progress large number of Future Act activities reporting period. The Tjurabalan native title claim was within the claim area. determined on August 20, 2001. The KRED Enterprises is currently in claim is in the Tanami Desert region, in negotiations with Buru Energy in regards YAWINYA the far south-east of the Kimberley and to the company’s recent oil discovery in Native title claim progress includes the Aboriginal communities of the Canning Basin as part of its Ungani Ringer Soak, Billiluna, Mulan and several The Federal Court handed down a native project. outstations. title determination to the Nyangumarta It was the first consent determination to Negotiations with Rey Resources are also and Karajarri communities across shared be reached in the Kimberley. continuing in relation to its coal mining country near 80 Mile Beach in Western applications within the Nyikina Mangala Australia on May 25, 2012. During the reporting period, the KLC claim area. assisted the Tjurabalan Prescribed The Nyangumarta/Karajarri joint Bodies Corporate to hold meetings with determination resolves two overlapping Tjurabalan native title holders. The claims of the Nyangumarta and Karajarri KARAJARRI meetings discussed the administrative peoples; two different groups who share and governance structures of the Native title claim progress traditional laws and cultural connection Tjurabalan Prescribed Bodies Corporate to the area. Justice North delivered the The Federal Court recognised the native compliance. A Prescribed Bodies Federal Court’s decision at an on-country title rights of the Karajarri Traditional Corporate director and annual general hearing at Anna Plains Station. Owners in two consent determinations members meeting was held on June 1, in 2002 and 2004. The Kimberley Land Council and the 2012. The KLC, in its role as a Native Title Yamatji Marlpa Aboriginal Corporation Representative Body, continues to work acted on behalf of the Karajarri and with the Karajarri people and provides Nyangumarta claimants to negotiate Future Act developments native title across 2,000 square ongoing support and assistance to the During the reporting period, there was a kilometres of land and sea country Karajarri Traditional Land Association medium level of Future Act applications across Anna Plains Station, a portion of (KTLA) Prescribed Bodies Corporate. and a medium to high level of Mandora Station and 80 Mile Beach, exploration activity. Companies working During the reporting period, the KLC in the East Pilbara and West Kimberley on Tjurabalan country are exploring for held a financial governance workshop regions of WA. with Karajarri Traditional Lands rare earths, uranium, gold and pot- Association directors to assist with The determination is comprised of ash. There have also been a number of training and development. A Prescribed mostly non-exclusive native title rights, heritage surveys completed as part of Bodies Corporate director and annual permitting Traditional Owners to the exploration process. general members meeting was also held hunt, fish, gather, access and conduct on June 1, 2012. ceremonies on their ancestral lands.
Future Act developments Future Act developments During the reporting period, there was a There were no formal Future Act low level of Future Act applications but a applications received by the KLC within high level of activity with oil exploration the reporting period. on Karajarri country. The KLC negotiated a number of Heritage Protection Agreements for new tenements and a number of heritage surveys were
32 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 33 Native Title Claim Updates Continued
DESERT REGION authorised Yarrangi Riwi Yoowarni about moving the Kurungal native title Gooniyandi claim is yet to be registered claim closer to a positive native title with the National Native Title Tribunal. determination. BUNUBA The KLC, together with the Gooniyandi Native title claim progress claim group, continue to progress the Gooniyandi Combined claim towards Future Act developments There are currently two native title a successful native title consent There has been a low level of Future Act claims that cover most of Bunuba determination. applications and exploration activity on country, in the Central Kimberley area Kurungal country within the reporting The KLC is hopeful of securing a native around Fitzroy Crossing. period. title consent determination for the The Bunuba Combined claim was Gooniyandi people within the next As some of Buru Energy’s tenements registered with the National Native reporting period. are within the Kurungal claim area, it Title Tribunal on August 20, 1999. The is expected that petroleum exploration In May 2012, native title claimants Bunuba #2 claim was registered with the will increase within the next reporting authorised the KLC to lodge a new claim, National Native Title Tribunal on May 10, period. 2012. Yarrangi Riwi Yoowarni Gooniyandi, which extends into the previously The KLC has worked hard, in close unclaimed areas of Gooniyandi country. consultation with Bunuba claimants, to progress these native title claims. The This claim is currently under preliminary KLC and the Bunuba people have held assessment with the National Native discussions with the State Government Title Tribunal. about its Whole of Government Indigenous Land Use Agreement proposal as well as with the Pastoralists Future Act developments and Graziers Association to address its In the reporting period, there was a concerns about native title. medium level of Future Act applications received and a low level of exploration activity on Gooniyandi country. Future Act developments Negotiations were started with Meridian There has been a low to medium level of about its Lennard Shelf Project which Future Act applications and a low level of includes seven mining tenement exploration activity on Bunuba country applications for lead and zinc. within the reporting period. A number of heritage surveys were conducted. KURUNGAL Native title claim progress GOONIYANDI COMBINED & The Kurungal native title claim was YARRANGI RIWI YOOWARNI registered with the National Native Title GOONIYANDI Tribunal on December 1, 1997. The claim Native title claim progress covers a portion of the Christmas Creek pastoral lease which takes in part of There are currently two native title Christmas Creek. claims covering the majority of During the reporting period, the KLC Gooniyandi country which is located successfully amended the Kurungal to the south-east of Fitzroy Crossing. claim boundary, as instructed by the The Gooniyandi Combined claim was claim group. The KLC is in continued registered with the National Native Title discussions with the State Government Tribunal on April 23, 2001. The newly
34 I Kimberley Land Council Annual Report 2012 Activity Overview: July 1, 2011 to June 30, 2012 Assisted- Assisted - Assisted - Applications 2011-2012 Not Assisted Region Total Represented Briefed out Other Active applications at July 1, 2011 24 1 0 3 28 Active applications at June 30, 2012 25 1 2 3 28 New Applications Filed New claims 3 0 0 0 3 Replacement claims 0 0 0 0 0 Applications amended 1 0 0 0 1 Applications Finalised Determinations: native title exists 1 0 0 0 1 Determinations: native title does not exist 0 0 0 0 0 Dismissal 0 0 0 0 0 Strike out 0 0 0 2 2 Withdrawal 1 0 0 0 1 Other (identify) 0 0 0 0 0 Total Applications Finalised 2 0 0 2 4
Determinations 2011-2012 Total determinations in the region to June 30, 2012 Native title exists 1 Native title does not exist 0 Estimated number of groups yet to have application filed in the region 6
Prescribed Bodies Corporate PBCs in the region to June 30, 2012 Agent Trustee Total Number assisted by NTRB 0 10 10 Number yet to be established - (there has been a determination but no PBC set up as yet) 0 0 0 Number assisted by NTRB 0 6 6
NTRB ILUA/Future Act activity 2011-2012 Notifications Received Number ILUA Notifications received 1 S29 Notifucations (not expedited procedure) 25 S29 Notifications (expedited procedure) 210 Objections to expedited procedure lodged 144 Other Future Act notifications (including right to comment) 110* Other Objections lodged (s24MD(6B)(d) 35 Agreements Finalised Number Total ILUAs 0 ILUAs Registered 1 ILUAs executed but not registered 6 S31 Agreements executed 99 Other Future Act/ Native Title Agreements executed ** Other (non-Native Title Agreements executed 44
* Other Future Act notifications for Government works have been recorded from March 19, 2012. Some government agencies had either not formally provided notification of Future Acts, or where formal notices had been recieved, the KLC did not have the capacity to record such notices. The KLC has established a better working relationship with the State Government regarding Future Act notifications. Of the 105 other Future Act notices, 20 were related to 24JAA, 24KA, 24 HA. ** The KLC does not distinguish between a standard HPA and a WPC agreement in activity reporting.
Kimberley Land Council Annual Report 2012 I 35 36 I Kimberley Land Council Annual Report 2012 Looking After Country
Kimberley Land Council Annual Report 2012 I 37 Land & Sea Management
INTRODUCTION Some of the main project partnerships that were developed or continued with Looking after Country is part of the KLC’s in the reporting period include: vision. The Land and Sea Management Unit works with Traditional Owners to • The Nature Conservancy achieve the environmental outcomes • Pew Environment Group they want to see happen on-ground. The unit strives to build strong foundations • WWF Australia for the long-term sustainability of • Indigenous Land Corporation programs to create a lasting legacy for • Shell Social Investment Fund the next generation. • The Christensen Fund The Land and Sea Management Unit was established in 1998 and its • University of Melbourne projects are far reaching, covering all • Indigenous Business Australia aspects of cultural and environmental • Department of Employment, management. This includes protecting Education and Workplace Relations and enhancing waterways, wildlife and biodiversity monitoring, and the passing • Department of Sustainability, on of traditional knowledge and cultural Environment, Water, Population and practices. Communities Traditional Owners are at the forefront During the reporting period the long- of all activities and provide instructions term sustainability of the Land and to the KLC on the direction in which to Sea Management Unit has been an progress projects. important focus for the KLC. Building strong foundations to support the The unit fosters and enhances cultural increased activity generated by connection to country and uses a the Kimberley Ranger Program and combination of traditional ecological Indigenous Protected Area projects, has knowledge with modern science to been the objective of an internal Land achieve best practice methods and and Sea Management Unit review. The environmental outcomes. It also focuses review process will strengthen the KLC’s on delivering direct employment and ability to deliver best practice cultural training opportunities for Kimberley and natural resource management Aboriginal people while enabling people programs across the region in to remain living in remote areas. partnership with Traditional Owners. The Land and Sea Management Unit has continued to grow and makes up more than half of the operational work of the KLC. Staff members are based across many locations in the Kimberley.
PARTNERSHIPS The Land and Sea Management Unit fosters partnerships with many external agencies including the Commonwealth Government, State Government, environmental non-government organisations and philanthropic groups, while working to form international INTRODUCTION alliances with other Indigenous peoples.
38 I Kimberley Land Council Annual Report 2012 Kimberley Projects
PROJECTS by the Commonwealth Government’s assist rangers and Indigenous land Department of Sustainability, managers look after country. Environment, Water, Population and Within the reporting period, the SALTWATER COUNTRY Communities and the Indigenous Ngurrara Rangers and the Warlu PROJECT Protected Areas Initiative. Jilajaa Jumu Indigenous Protected The Saltwater Country Project It is expected the Saltwater Country Area have been involved in two commenced in 2006 with funding Project will grow into the future workshops and three field trips from the National Heritage Trust, to include all Kimberley coastal to record traditional ecological to identify Indigenous marine and Traditional Owner groups. It will focus knowledge of Ngurrara country. coastal values along the North on: Ngurrara Rangers have been Kimberley Coast. • Saltwater Country management monitoring seasonal variations as indicators of climate change through Mayala, Dambimangari, Uunguu initiatives and priorities a weather station initiative funded by and Balanggarra Traditional Owners • Designing frameworks, in Shell as part of its social investment undertook back-to-country trips conjunction with relevant portfolio. within the reporting period, to visit stakeholders about culturally country and transfer knowledge to appropriate ways to monitor and The new weather station paves the younger generation. evaluate the health of Saltwater the way for researchers from the University of Melbourne to work in Since 2006, an annual Saltwater Country conjunction with rangers to record Country Meeting has been held in • Developing marine research baseline climate data and monitor Derby or Broome. The initial aim was priorities relevant to Traditional shifts in weather patterns due to to provide a platform for discussion Owner groups in the Kimberley. climate change. between coastal Traditional Owner groups and stakeholders including State and Commonwealth agencies NGURRARA CLIMATE CLIMATE CHANGE and non-governmental organisations CHANGE as a way to address issues around the ADAPTATION RESEARCH management of Saltwater Country. The Ngurrara seasonal calendar PROJECT project was started in the reporting The Saltwater Country Steering During the reporting period, the KLC period and has been designed to Committee developed four project formed a research partnership with capture the traditional ecological recommendations including: the University of Melbourne to better knowledge associated with seasonal understand the potential impacts of • Development of a Saltwater change and the responses of plants climate change on remote Aboriginal Country Plan and animals. The information communities. The research project • Indigenous Protected Area gathered as part of this project will be is working in collaboration with the Consultations used to develop a holistic approach to Karajarri Traditional Lands Association Indigenous land management. • Development of a visitor pass to to identify potential climate change manage access to country One of the main aims of the project impacts and identify adaptation is to develop an interactive database strategies to ensure Traditional • Creation of Indigenous sea ranger that will monitor weather patterns Owners are planning for the future. groups. and assist in evaluating the impacts This project comprises one aspect In the past six years, many of these of climate change to the Great Sandy of the broader research led by the aspirations have been fully or Desert in the Kimberley region. National Climate Change Adaptation Research Facility. The research facility partially achieved. Saltwater Country The seasonal calendar database is is currently leading the national effort representatives from Balanggarra, a multi-function educational tool to generate information needed by Uunguu, Dambimangari, Bardi Jawi, that will assist in enhancing and decision-makers in government as Yawuru and Karajarri, held a meeting capturing cultural knowledge, while well as Indigenous communities so in the reporting period to discuss and teaching the younger generations. they can manage the risks associated develop future project aims. Financial The database will also be used as with climate change impacts. support for this meeting was provided a knowledge management tool to
Kimberley Land Council Annual Report 2012 I 39 Kimberley Projects Continued
NATIONAL HERITAGE included as part of the National Heritage fire planning workshops and traditional LISTING Listing announcement. burning. The business opportunities available from the project have been In a historic announcement on August The Kimberley is a cultural landscape that is interconnected through increased significantly through the 31, 2011, the Indigenous cultural values Federal Government’s Carbon Farming of the Kimberley were National Heritage Indigenous stories detailing the past, present and future. National Heritage Initiative and legislation which was Listed, cementing the region as a strong passed on August 23, 2011. Rangers and significant Aboriginal place. Listing will ensure the cultural values of the Kimberley are acknowledged, looked have continued to conduct preliminary The KLC facilitated the National Heritage after and continue to evolve into the mapping and field data collection as Assessment process with Traditional future as living stories. part of preparations to get the North Owners at the request of the Australian Kimberley Fire Abatement Project ready Government. for commercial operation. Kimberley Aboriginal people were the NORTH KIMBERLEY FIRE drivers behind this process from the ABATEMENT PROJECT very beginning and were involved in assessing the Indigenous cultural values The Kimberley Land Council has been of an area that is more than 50 per cent working with Traditional Owner groups Indigenous-owned or controlled and on the North Kimberley Fire Abatement almost 100 per cent covered by native Project, which uses traditional title claims or determinations techniques and knowledge to carry out savannah burning as a way to reduce A comprehensive consultation process greenhouse gas emissions. was undertaken from April 2009 to July 2010 in which Traditional Owners The aim of this project is for Traditional identified a number of values and stories Owners to enter into the carbon that connected people, country and economy by on-selling the number of culture across the Kimberley. reduced emissions, to industry. The income generated will be used by Federal Environment Minister Tony Traditional Owners to support ongoing Burke announced National Heritage fire management outcomes. Listing of the Kimberley at an on-country ceremony at Gambanan near One Arm The project covers four native title areas Point on the Dampier Peninsula. – Balanggarra, Uunguu, Wunggurr and Dambimangari – and has the potential Kimberley Traditional Owners welcomed to encompass 4.5 million hectares of the decision, as most of the cultural country. Ranger groups, in the reporting values they had recommended were period, continued to undertake annual
“National Heritage Listing captures the stories of our culture, our people and our country from the past, present and future. We are one mob connected through the cultural landscape of the Kimberley.’’ Janet Oobagooma, Cultural Adviser
40 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 41 42 I Kimberley Land Council Annual Report 2012 Kimberley Ranger Program & Indigenous Protected Areas
INTRODUCTION with supportive corporate and non- Casual rangers completed training government organisations. modules towards their Certificate 2 in The Kimberley Ranger Program has Conservation and Land Management successfully completed its fourth year of Kimberley Aboriginal people are working including basic fire management, operation and continued to carve out an on creating a corridor of Indigenous chemical handling and treating weeds. expanding and increasingly valuable role Protected Areas along the coastline and Rangers have supported the North for Traditional Owners in the natural and deep into the heart of the Kimberley Kimberley Carbon Abatement Program cultural resource management industry. region. by assisting with carbon research and The Kimberley Land Council facilitates The aspirations of Traditional Owners are aerial burning across Balanggarra 14 ranger groups, with the network fundamental to the cultural landscape country. As Balanggarra country can employing 77 Aboriginal rangers and approach as elders work with rangers be difficult to access, rangers used associated staff members. In the to develop plans of management helicopters and boats to complete their reporting period it also engaged the that match cultural obligations and work. services of more than 210 elders and responsibilities to country. Rangers use In the reporting period, the rangers casual rangers to assist in part-time their expertise in conservation and land carried out extensive weed management ranger work. management practices to implement plans and monitor environmental near the mouth of the Berkeley River. The Kimberley Ranger Program has success. As part of ongoing work to secure an evolved as a regional best-practice Indigenous Protected Area (IPA), the model and is supported by the When the Plans of Management for all Balanggarra Rangers, with support Federal Government’s Working on five native title groups are completed, from the World Wildlife Fund, recently Country program. Aboriginal rangers a large investment will have been completed a Snubfin dolphin survey in are employed under traineeships contributed by the Commonwealth the Cambridge Gulf. and complete TAFE qualifications in Department of Sustainability, Conservation and Land Management, Environment, Water, Population and The Balanggarra Rangers will commence while continuing to live in remote areas. Communities, The Nature Conservancy working under the Australian Rangers conduct activities under the and PEW Environment Group. Government’s Working on Country guidance of elders, fostering the sharing The proposed Indigenous Protected program in the next reporting period. of knowledge at a grass-roots level. Areas have the support of the This includes employment of four full- time rangers. The ranger network promotes long-term State Government’s Department of partnerships with external agencies Environment and Conservation and will In the reporting period, further progress that work in collaboration with rangers make a substantial contribution to the was made towards the declaration of to achieve positive environmental National Reserve System in Australia. an Indigenous Protected Area. The outcomes. The KLC also facilitates Balanggarra Plan of Management developing ranger groups as part of was completed and endorsed by its this program and works to assist them KIMBERLEY RANGER governing committee and it is expected develop the skills needed to become PROGRAM UPDATES a declaration will occur within the a full-time ranger group under the next reporting period. The Balanggarra Working for Country program. Rangers will work to manage the Indigenous Protected Area and The Kimberley Ranger Program works in BALANGGARRA RANGERS implement management plans to look conjunction with Indigenous Protected The Balanggarra Rangers are a after country. Areas. Indigenous Protected Areas developing group which continued cover dedicated areas of country that to engage in casual work during the are culturally significant and contain reporting period. The rangers have had important ecosystems that Aboriginal several meetings with the Balanggarra people want to see protected. The Aboriginal Corporation to develop their Indigenous Protected Area program first annual work plan, which is due for is an initiative of the Commonwealth implementation in the next reporting Government and promotes Indigenous period. management of country in partnership
Kimberley Land Council Annual Report 2012 I 43 Kimberley Rangers & Indigenous Protected Areas Continued
NYIKINA MANGALA the next reporting period. rehabilitation projects within the next RANGERS Nyikina Mangala Ranger highlights reporting period. The Nyikina Mangala Rangers are a team include: The Bardi Jawi Oorany Rangers are of seven, working to look after country • Weed management along the planning to expand and increase in the lower Fitzroy River area. Fitzroy River women’s involvement in projects through integrating activities with a In the reporting period, the rangers • Biodiversity surveys along the women’s focus into a work plan for completed the Nyikina River Stories Fitzroy River and production of a 2012-2013. Project which included travelling out wildlife booklet to country with the Cultural Advisory • Sawfish surveys Committee and school children to DAMBIMANGARI RANGERS learn about a number of cultural • Ranger base development sites and record the stories of those The KLC has been working with places. The rangers will complete site the Dambimangari people on the management activities in September BARDI JAWI OORANY establishment of an Indigenous Protected Area through conducting 2012. A photographic booklet was also RANGERS produced, to aid in the preservation consultations and creating a Plan of The Bardi Jawi Oorany Rangers is a and transfer of Indigenous cultural Management. women’s ranger group that has worked knowledge. The Dambimangari Rangers, which hard to establish itself within the are employed and funded through the The Nyikina Mangala Rangers were, reporting period. The Bardi Jawi Oorany Dambimangari Aboriginal Corporation, for the first time, able to support all Rangers have developed an independent have been supporting senior seven riverside communities with logo and are now recognised as a Traditional Owners with preparations fire management through conducting respected ranger team working on Bardi for the Indigenous Protected Area. protective, cool season burns across Jawi country in conjunction with the Dambimangari Rangers and Traditional country. In the reporting period, all male ranger group. The rangers have Owners have also focused on educating rangers completed Certificate 3 TAFE received strong support from senior tourists about Dambimangari country qualifications in fire management women Traditional Owners and activities through the development of tourism training. have been regularly conducted through activities. Rangers engaged in biodiversity surveys the KLC’s Women’s Ranger Projects within in the reporting period and in Coordinator. In the reporting period, further progress was made towards the declaration of May 2012, the group recorded a number In the reporting period, the Bardi Jawi an Indigenous Protected Area. The of Black-Footed Rock Wallabies in the Oorany Rangers focused on increasing Dambimangari Plan of Management Edgar Rangers using high-tech sensor knowledge about native plants and was completed and endorsed by its cameras. The Black-Footed Rock Wallaby seasonal variations. They also operated governing committee and it is expected is a rare and endangered animal and the a nursery for the propagation of seeds, a declaration will occur within the next rangers will continue discussions with collected by the women. The group reporting period. the World Wildlife Fund about on-going plans to increase production of native monitoring and management work into plant seedlings for revegetation and
44 I Kimberley Land Council Annual Report 2012 KIJA RANGERS names, lessons in how to respect and look after country and the importance of The Kija Rangers were forced to put the skin system and songs about country, activities on hold after big floods in people and the dreamtime. Turkey Creek in March 2011 devastated the community. During the reporting Karajarri Ranger highlights include: period, the group held a number of • Cultural site management and the meetings with senior Traditional Owners transfer of traditional knowledge to discuss ways to re-start the ranger program. Some rangers travelled to the • Weed management, mapping and Fitzroy Valley to participate in basic fire development of an action plan training. • Saltwater and country management The Kija Rangers plan to commence • Delivery of fee-for-service contracts regular activities within the next • Tourism management and education reporting period with the assistance of the KLC, CDEP and the World Wildlife • Community development and Fund. Activities planned include erosion assistance to the Karajarri management, weeding, protection of Traditional Lands Association cultural sites and fire management. The The Karajarri people are in the Kija Rangers will also work with project final stages of developing a Plan partners to attract additional funding in of Management for an Indigenous the next reporting period. Protected Area and this will be presented to the group within the next reporting period, so a final decision can KARAJARRI RANGERS be made on declaring an Indigenous The Karajarri Rangers focused on Protected Area. monitoring, surveying and managing coastal areas of country within the reporting period. PARUKU IPA RANGERS The rangers worked with elders to assess The Paruku Indigenous Protected Area high impact locations along 36 km of was declared in November 2001 and is coastline to determine priority areas of located around Lake Gregory in the heart management. Three areas were chosen of the Tanami desert. and the rangers will continue to develop The Paruku Indigenous Protected Area site management plans for these Ranger Program is getting back on locations into the future. track after struggling to recruit staff in In the reporting period, the Karajarri the previous financial year. A new staff Rangers undertook fee-for-service member was recruited to assist with work with the Australian Quarantine the coordination of the Indigenous and Inspection Service across Karajarri Protected Area and the ranger program. country to survey migratory bird More support is required to assist this sites and locations. Fee-for Service ranger team reach its full potential. contracts with Environs Kimberley and Paruku IPA Ranger highlights include: the Department of Environment and • Cultural site management and Conservation were also completed. protection of Sturt Creek massacre The transfer of traditional and cultural site knowledge continued to be a high • Transfer of Indigenous cultural priority for the rangers within the knowledge and community reporting period. Rangers facilitated education several back-to-country trips with elders and school-children, in which knowledge • Use of I-Tracker technology for on- was shared through story-telling, the country research and monitoring teaching of traditional plant and animal
Kimberley Land Council Annual Report 2012 I 45 46 I Kimberley Land Council Annual Report 2012 Kimberley Rangers & Indigenous Protected Areas Continued
GOONIYANDI RANGERS rangers will continue to work on a casual of visitor management plans for basis supporting Yiriman back-to-country the Canning Stock Route under the The Gooniyandi Rangers are a trips, while working to complete a site Kuju Wangka Canning Stock Route developing ranger group but have management plan with the support of management framework. increased ranger activities across the the KLC and Yiriman. upper and lower areas of Gooniyandi • Development of a database to store country in preparation for becoming a research data for the Ngurrara Seasonal Calendar Project full-time group next year. The rangers NGURRARA RANGERS regularly met with the Cultural Advisory • Monitoring and protecting cultural The Ngurrara Rangers are close to Committee to create the first Gooniyandi sites Ranger work plan. realising their vision of having a fully- resourced ranger base at Djugerari Casual Rangers have completed community. In the reporting period, training in chemical handling and weed UUNGUU RANGERS the rangers secured additional support, treatment, and have spent many weeks finalised plans and advertised for The Uunguu Indigenous Protected Area destroying weeds clogging up waterways tenders for the construction of the was declared on May 23, 2011 and and floodplains on Gooniyandi country. base. Ranger base resources have been covers more than 340,000 hectares of Rangers completed basic fire training, purchased and the building is set for country in the far North Kimberley. The and together with senior Traditional completion in 2013. Being based out Indigenous Protected Area is managed Owners completed and delivered on a on Ngurrara country will provide many by the Wunambal Gaambera Aboriginal basic fire management plan. benefits to the ranger group as they will Corporation. Other activities have included fencing be closer to their country and can work The Uunguu Rangers work to deliver the to keep stock out of river areas, back more closely with Traditional Owners. priority conservation activities identified to country trips and the recording of As Ngurrara is in the Great Sandy Desert, within the Uunguu Indigenous Protected traditional knowledge. waterholes known as jila and seasonal Area Healthy Country Plan. A long-term Gooniyandi Rangers will start operating soaks known as jumu are very important partnership between Bush Heritage under the Working on Country program to the community. As a result, the Australia, the Kimberley Land Council within the next reporting period. This rangers have worked hard to monitor and the Wunambal Gaambera Aboriginal includes employment of four full-time and protect these places of cultural Corporation, has created a strong rangers. significance. This has included controlled foundation for the Uunguu Indigenous burning activities around jumu areas to Protected Area and ranger team. provide access and reduce the risk of The Uunguu Rangers have a strong JILAJIN RANGERS destruction from late season wildfires. focus on working with elders to The Jilajin Rangers is a developing Rangers have also carried out extensive transfer cultural knowledge to the next group that has continued to engage weed management at these sites. generation. The Uunguu ranger team in casual work within the reporting Rangers worked with the Department has been proactive in engaging with period. The rangers repaired the fence of Agriculture and the Australian Feral the school community, and developed at Wangkatjungka cemetery and put Camel Management Project for the school based activity programs for in fencing at Ngumpan cemetery. The past 12 months to research the impact students in the reporting period. group also worked with other rangers of feral camels on Ngurrara country. Uunguu Ranger highlights include: to set up and provide ongoing support Rangers used the I-Tracker to record • Taking a strong lead in all aspects at the Annual General Meetings of the camel numbers and movements and will of fire planning, training and Kimberley Land Council, the Kimberley continue to work with the neighbouring the delivery of on-ground fire Aboriginal Law and Culture Centre and Martu people on this project. the Kimberley Language Resource Centre management activities Ngurrara Ranger highlights include: in September 2011. • Conducting feral animal aerial • Completed a number of training The group conducted fire burning surveys to monitor cattle programs while three rangers around the Wangkatjungka community movements within the Mitchell are expected to finish Certificate and supported Yiriman with back to Plateau area 3 in Conservation and Land country trips. • Completion of training including Management in July 2012 In the next reporting period, the Jilajin firearm safety, chemicals, I-Tracker • Development and implementation and related TAFE courses
Kimberley Land Council Annual Report 2012 I 47 Kimberley Rangers & Indigenous Protected Areas Continued
WUNGGURR RANGERS • Community and regional formed a partnership with the United development Arab Emirates Government and two The Wunggurr Rangers are based along rangers travelled to Abu Dhabi to the Gibb River Road in the heart of the • Recording and applying traditional teach local rangers how to use satellite Kimberley and work with old and young knowledge equipment to undertake research into people to look after country and keep • Engaging with the community dugongs. culture alive and strong. and project partners to deliver The Bardi Jawi Rangers were also the Due to the success of the Wunggurr environmental outcomes proud winners of the 2011 Western Rangers, the group has grown from The Wunggurr Rangers have also Australia Award for Excellence in three to eight rangers in 18 months and been working with Wilinggin Indigenous Coastal Achievement for has employed more than 70 Traditional Traditional Owners on the final stages their cultural awareness presentation to Owners to assist them achieve positive of a Plan of Management for an tourists visiting their country. environmental outcomes. Indigenous Protected Area. The Plan Bardi Jawi Ranger highlights include: In the reporting period, the Wunggurr of Management will be presented to Rangers continued to work towards the group within the next reporting • Delivering on funding and fee-for- achieving their vision of relocating their period, to seek final authorisation for an service commitments headquarters from Derby to the Gibb Indigenous Protected Area declaration. • Continuing to learn new skills while River Station. tackling new challenges Wunggurr Ranger highlights include: BARDI JAWI RANGERS • Continuing to be strong role models • Erecting signage on the Gibb and leaders within the Kimberley The Bardi Jawi Rangers continue to River Rd, in Ngarinyin language Ranger Program and the Bardi Jawi achieve strong outcomes as a land and English, to inform tourists of community and sea management group, through cultural protocols and the Wanjina looking after country, engaging with the The Bardi Jawi Rangers welcome the Wunggurr law and culture community, building partnerships and future declaration of the Bardi Jawi • Implementing fire management investigating new projects. Indigenous Protected Area, as it will plans and conducting traditional provide support for the group as well as In the reporting period, several Bardi burning methods as part of the increased funding to conduct a broader Jawi Rangers were about to finish their North Kimberley Fire Abatement suite of on-country activities. conservation and land management Project traineeships and move into full-time In the reporting period, the Bardi Jawi • Biodiversity maintenance and employment with the KLC as rangers. Healthy Country Plan was completed and monitoring This is a significant milestone that endorsed by its governing committee and it is expected a declaration will • Protecting threatened species and demonstrates the dedication of the occur within the next reporting period. their habitats rangers to their work and professional development. The ranger group also
48 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 49 Kimberley Rangers & Indigenous Protected Areas Continued
NYUL NYUL RANGERS healthy populations of bird, mammal, frog and reptile species. The Nyul Nyul Rangers achieved outstanding success in fire management The Nyul Nyul Rangers have continued during the reporting period. The rangers to develop a junior ranger program drafted and enacted a fire management which works to involve school students plan which included fire planning, the in ranger activities such as spear making, capturing of spatial data and community bush tucker collecting, story-telling and consultation. The Nyul Nyul ranger biodiversity monitoring as a way to group will be the first outside the North transfer traditional knowledge to the Kimberley Fire Abatement Project area next generation. to complete a comprehensive fire plan, Nyul Nyul Ranger highlights include: due for delivery in the 2013 fire season. • Community development and Rangers conducted suppression and engagement rescue techniques as well as the relocation of occupants when a wildfire • Fire management including tore through the area, destroying an development of comprehensive outstation. As a result, further work plans and implementation of was carried out to conduct buffer burns burning programs around priority environmental assets, • Having a strong and supportive outstations and communities to ensure relationship with Traditional Owners the protection of these areas. and senior Nyul Nyul elders Conducting biodiversity surveys and • Indigenous knowledge transfer monitoring of coastal areas was also a through the Junior Ranger Program high priority during the reporting period. • Delivering on fee-for-service Rangers conducted fauna surveys at contracts significant wetlands and recorded
an lRey grera y r n lee g r b F e em o r bi r s u km i m
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Looking After Country Home Valley Station 2010 Land and Sea
50 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 51 52 I Kimberley Land Council Annual Report 2012 Glossary
AGM Annual General Meeting ADJR Administrative Decisions (Judicial Review) Act, 1977 AIATSIS Australian Institute of Aboriginal and Torres Strait Islander Studies ALT Aboriginal Lands Trust AQIS Australian Quarantine Inspection Service ASIA Aboriginal Social Impact Assessment CATSI Act Corporations (Aboriginal and Torres Strait Islander) Act 2006 CDEP Community Development Employment projects CEO Chief Executive Officer CPA Certified Practising Accountant DEC Department of Environment and Conservation DIA Department of Indigenous Affairs DPP Dampier Peninsula Plan DSEWPaC Department of Sustainability, Environment, Water, Population and Communities ECHT Evironment and Cultural Heritage Team EHSIS Environmental Heritage and Social Impact Services FaHCSIA Department of Families, Housing, Community Services and Indigenous Affairs FAA Financial Assistance Agreement FESA Fire and Emergency Services Authority of Western Australia GJJ Goolarabooloo Jabirr Jabirr HPA Heritage protection Agreement ILUA Indigenous Land Use Agreement IPA Indigenous Protected Area KALACC Kimberley Aboriginal Law and Culture Centre KLC Kimberley Land Council KLRC Kimberley Language Resource Centre KRED KRED Enterprises KTLA Karajarri Traditional Land Assosciation LNG Liquified Natural Gas NHL National Heritage Listing NNTC National Native Title Council NNTT National Native Title Tribunal NTA Native Title Act (Cth) 1993 NTRB Native Title Representative Body PBC Prescribed Bodies Corporate PPA Precint Project Agreement WOC Commonwealth Government’s Working on Country Program
Kimberley Land Council Annual Report 2012 I 53 54 I Kimberley Land Council Annual Report 2012 Financial Statements
Kimberley Land Council Annual Report 2012 I 55 56F1 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 57F2 58F3 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 59F4 60F5 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 61F6 62F7 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 63F8 64F9 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 65F10 66F11 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 67F12 F1368 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 69F14 F1570 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 71F16 F1772 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 73F18 F1974 I Kimberley Land Council Annual Report 2012 Kimberley Land Council Annual Report 2012 I 75F20 fighting strong since 1978
BROOME DERBY KUNUNURRA 36 Pembroke Rd Broome WA 47 Loch St Derby WA Speargrass Rd Kununurra WA PO Box 2145 Broome WA 6725 PO Box 377 Derby WA 6728 PO Box 821 Kununurra WA 6743 T: (08) 9194 0100 F: (08) 9193 6279 T: (08) 9194 0175 F: (08) 9193 1163 T: (08) 9194 0190 F: (08) 9168 1509 www.klc.org.au www.klc.org.au www.klc.org.au 76 I Kimberley Land Council Annual Report 2012